Category: Hoaxes re Guede

Saturday, December 30, 2017

Why Did The Mainstream Media Enable A Takeover By The Conspiracy Nuts?

Posted by The Machine



How Seattle is misinformed. Exoneration? Riiiight….

Rampant Conspiracies

This condemnation is written in light of the ever-growing wave of translated transcripts.

They show how extremely good the investigation and case at trial really were. And how extremely wrong were too much of the press. Why did mainstream media organisations allow so many conspiracy nuts to spout their unsubstantiated and ridiculously far-fetched claims?

Mainstream media organisations have known for a while that the general public has an insatiable appetite for documentaries about allegedly innocent people who have been convicted of murders they didn’t commit.

A cursory glance at the selection of true crime documentaries on Netflix provides evidence of the appeal of this specific genre. Amanda Knox, West of Memphis and Making of a Murderer are all hugely popular.

The Serial podcast about the Adnan Syed/Hae Mine Lee case is one the most downloaded podcast of all time. Sarah Koenig presented the case from the defence’s perspective and concluded there isn’t enough evidence to convict Adnan Syed of Hae Min Lee’s murder. 

The juries in the respective cases above listened to the prosecution and defence present their cases in court.

They weighed the testimonies of the experts and witnesses for both sides and they were all convinced that Amanda Knox and Raffaele Sollecito, Damian Echols, Jesse Misskelley and Jason Baldwin and Steven Avery and Brendan Dassey and Adnan Syed were all involved in exceptionally brutal murders.

There is damning evidence against all the people mentioned above. But many journalists don’t want the facts to get in the way of a good story.

Among The Worst

Paul Ciolino admitted in a question-and-answer session about the Meredith Kercher case at Seattle University that CBS News didn’t care whether someone was innocent. The only thing they care about is the story.

I work for CBS News. I want to tell you one thing about CBS. We don’t care if you did it. We don’t care if you’re innocent. We like a story. We want to do a story. That’s all we care about.

It was recognised as far back as 1999 in the legal profession that journalists have an inclination to slant their reports in favour of the defendants.

P. Cassell, “The guilty and the ‘innocent’: An examination of alleged cases of wrongful conviction from false confessions”, Harvard Journal of Law and Public Policy, 1999:

...academic research on miscarriages should not rely on media descriptions of the evidence against defendants. Journalists will all too often slant their reports in the direction of discovering “news” by finding that an innocent person has been wrongfully convicted.

The default position of mainstream media organisations in the US was that Amanda Knox is innocent despite the fact that the vast majority of journalists who covered the case weren’t in a position to know this - they hadn’t regularly attended the court hearings or read a single page of any of the official court reports.

The news organizations in Seattle was so partisan in their support of Amanda Knox that they were effectively just mouthpieces for the PR firm of David Marriott that was hired by Curt Knox to influence a credulous and naive local audience who felt duty-bound to support the hometown girl.

Lawyer Anne Bremner couldn’t resist the temptation to use the case to promote herself in the media. Judge Michael Heavey was recruited so he could use his position as a judge to sway the public.

The vast majority of people in Seattle were kept completely ignorant of the basic facts of the case by all their newspapers and all their TV news, so they were not in a position to realize that both Bremner and Heavey got basic facts wrong.

Many American journalists who reported on the case hold the ridiculous belief that the US legal system is the only competent and just one in the world, and that no US citizen charged by a foreign court with any crime can possibly be guilty of it or ever receive a fair trial.

The claim that Amanda Knox was being framed for a murder she didn’t commit by corrupt officials in a foreign country by her supporters was manna from heaven for mainstream media organizations in America.

It was a sensational story that was guaranteed to enrage and entertain a gullible American public in equal measure.

It’s not possible to ascertain precisely who originated the story that Amanda Knox was being framed for a murder she didn’t commit by a corrupt legal system.

But it almost certainly came from someone within or very close to Amanda Knox’s family. Jan Goodwin was one of the first journalists to make the claim after interviewing Edda Mellas for Marie Claire in 2008.

Studying abroad should have been a grand adventure. Instead, Amanda Knox has spent a year in jail, accused by a corrupt legal system of murdering her roommate.

Goodwin didn’t offer any evidence to substantiate her claim that the Italy legal system is corrupt, presumably the word of Edda Mellas was good enough for her.

It transpired that the word of Edda Mellas and ex-husband Curt and Amanda Knox’s supporters was good enough for the vast majority of journalists who covered the case on both sides of Atlantic.

They unquestiongly accepted everything they heard without bothering to do any fact-checking whatsoever. Time and again not a single investigator or court official in Perugia was interviewed.

This explains the reason why so many articles about the case are riddled with factual errors and well-known PR lies.

Other media organisations wanted to get in on the act and claim there was dastardly plot to frame Amanda Knox for Meredith’s murder.

CBS News allowed a couple of zany conspiracy nuts to spout their nonsense without providing any evidence to support their wild-eyed claims. Here’s Paul Ciolino again:

This is a lynching ... this is a lynching that is happening in modern day Europe right now and it’s happening to an American girl who has no business being charged with anything. (Paul Ciolino, CBS News.)

Here is Peter van Sant.

We have concluded that Amanda Knox is being railroaded… I promise you’re going to want to send the 82nd Airborne Division over to Italy to get this girl out of jail. (Peter Van Sant, CBS News.)

The reporting was invariably tinged with xenophobic sentiments. Italy was portrayed as some backward Third World country whose police force was comically incompetent. Here’s CBS’s Doug Longhini.

But in the case of Amanda Knox, the American student convicted of murder in Italy last December, the Via Tuscolana apparently failed to separate fantasy from truth. Too many Italian investigators rivaled Fellini as they interpreted, and reinterpreted facts, to suit their own, surrealistic script.” (Doug Longhini, CBS News).

WHERE in all the transcripts is that proved?  Doug Longhini’s pompous and pseudo-intellectual comments are meaningless and lack any substance, although he was no doubt very pleased himself for his “clever” reference to Fellini.

Ironically Longhini was unable to separate fantasy from truth when he produced the error-ridden American Girl, Italian Nightmare for CBS News. The documentary includes the familiar PR lies about satanic rituals, the 14-hour interrogation sessions, and Knox not knowing Rudy Guede.

Lawyer John Q Kelly seemingly forgot the Latin maxim “semper necessitas probandi incumbit ei qui agit” - “he who asserts must prove” - when he claimed that Knox and Sollecito were being railroaded and evidence against them had been manipulated.

My thoughts, Larry, it’s probably the most egregious international railroading of two innocent young people that I have ever seen. This is actually a public lynching based on rank speculation, and vindictiveness. It’s just a nightmare what these parents are going through and what these young adults are going through also.

“There’s been injustice here. There’s been injustice in other countries but this is just beyond the pale. The manipulation of evidence; the most unfavorable inferences drawn from the most common of circumstances and conduct was just a gross injustice here.”

(John Q Kelly, CNN).

Judy Bachrach was also allowed to claim there was a conspiracy to Amanda Knox on CNN.

Everyone knew from the beginning that the prosecutor had it in for Amanda Knox, that the charges are pretty much trumped up…

From the beginning this was carefully choreographed, they wanted to find her guilty, they’ve kept her in jail for two years even before trial and they did find her guilty. This is the way Italian justice is done. If you’re accused, you’re guilty.

There isn’t an ounce of hard evidence against her and all of Italy should be ashamed actually.” (Judy Bachrach, CNN).

Arguably the craziest conspiracy nut - and the competition is fierce - is the former FBI agent Steve Moore in early retirement.

Steve Moore claimed the Perugian police, Guilano Mignini, Dr Patrizia Stefanoni, Edgardo Giobbi the head of the Violent Crimes Unit in Rome, Judge Massei, and the Italian Supreme Court were all part of a dastardly plot to frame Amanda Knox.

Moore claimed the following on his blog.

For this to happen, though, pompous prosecutor Giuliano Mignini, forensic perjurer Patrizia Stefanoni, and mind-reading detective Edgardo Giobbi (and others), must be prosecuted for their corruption. The judge who rubber stamped the lies in the first trial, Massei, must be also called to the bar of justice-or back to law school.

In a discussion with lawyer Paul Callan on CNN Moore actually claimed the Supreme Court was involved in the conspiracy.

Paul Callan: “And now “¦ and they (the Perugian police) got the Supreme Court of Italy involved in this conspiracy? You know, that’s like saying that “¦ [Steve Moore interrupts]”

Steve Moore: “Yes, they do. Yes, they do. You are being naive. You don’t understand the Italian system. You don’t understand it. You are defending something you don’t understand.”

Barbie Nadeau reported Moore’s claim that evidence was manipulated for The Daily Beast.

The evidence that was presented in trial was flawed, it was manipulated.

Steve Moore has never provided any evidence to support his wild-eyed hysterical claims there was a huge conspiracy involving a prosecutor, different police departments, Judge Massei and judges at the Italian Supreme Court to frame Amanda Knox for Meredith’s murder.

It’s no wonder TV legal analyst Paul Callan was smiling, desperately trying not to burst out laughing, when he discussed the case with Moore on CNN.

Moore provided irrefutable proof in the short time he was on CNN that he is ignorant of the basic facts of the case, and that he hasn’t read any of the official court reports. He falsely claimed “the DNA that they said was Raffaele’s was actually a woman’s DNA.”

No expert claimed this at the trial.

Sollecito’s DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17. David Balding, a professor of Statistical Genetics at University College London, analysed the DNA evidence against Sollecito and concluded it was “very strong”.

Moore told Erin Burnett: “The second trial proved with independent experts that the DNA that they claim was the victim’s was not on the knife.”

A number of forensic experts - Dr Stefanoni, Dr Biondo, Professor Novelli, Professor Torricelli, and Luciano Garofano - have all confirmed that sample 36B which was extracted from the blade of the knife WAS Meredith’s DNA. The independent experts did not carry out a test on this sample. 

In England there were deranged conspiracy nuts claiming Amanda Knox was framed too.

Amy Jenkins bizarrely claimed in The Independent that Knox and Sollecito were the victims of a miscarriage of justice because Knox was a young woman, the Italians didn’t like the fact Knox snogged her boyfriend and someone needed to save face or something.

The truth is, Amanda Knox’s great crime was to be a young woman ““ but mainly it was to be a young woman who didn’t know how to behave. She was 20 years old, she was suffering from shock, and she was in a foreign country. She was interrogated with no lawyer and no translator present. She made a phony confession.

Clearly no saint, she wasn’t a Madonna either. That’ll make her a whore then. She snogged her boyfriend; she was slightly provocative on Facebook; she turned an inappropriate cartwheel. In a Catholic country, it’s clearly not such a leap to go from there to stabbing your room-mate in the neck during a violent sexual assault ““ because that’s the leap the prosecution made.

To save face, Knox and her poor boyfriend had to be somehow levered into the frame. As the whole juggernaut of injustice chugged on it became harder and harder for the six lay judges who acted as a jury to destroy a case that had been constructed over two years by prosecutors who were their close working colleagues.” (Amy Jenkins, The Independent).

Conclusion: READ THE DOCUMENTS

More and more the translated documents prove that all of them have been wrong. The conspiracy theorists predictably haven’t provided one iota of evidence that there was ever any conspiracy to frame Amanda Knox for Meredith’s murder.

I suspect the producers at mainstream media organisations like CBS News and CNN knew there never was any conspiracy to frame Amanda Knox all along, but they didn’t get care because they wanted a sensational story. 

Too many people within the media perversely see murder as entertainment. Rather than providing balanced and factually accurate coverage of murder cases they want to outrage and entertain the masses with melodramatic stories of conspiracies involving corrupt prosecutors and cops who want to frame innocent people for murders they didn’t commit instead.

We shouldn’t be surprised by the popularity of Making of a Murderer on Netflix. It filled a vacuum after Knox and Sollecito were acquitted in 2015.

I have no doubts that journalists from mainstream media organisations are currently looking for the next alleged case of someone being framed or railroaded for a murder they didn’t commit.


Thursday, December 14, 2017

Interrogation Hoax #19: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #1

Posted by The TJMK Main Posters



Working entrance of Perugia’s main police station

1. What Does The Hoax Allege?

In its ever-differing core version (see Part 3) this widely-promulgated hoax alleges among other things:

(1) that the total hours Knox was questioned from 2 to 6 November was upward of 50;

(2) that Knox was the main suspect for the murder of Meredith from the get-go;

(3) that the “interrogation” was conducted by tag-teams of investigators working in shifts;

(4) that Knox was under duress and forbidden bathroom breaks, sleep and refreshments.

(5) that Knox was refused a lawyer and all questioning sessions were illegally not recorded.

(6) That the outcome was “a confession”.

2. Who Are The Main Propagators?

Often seeming intent on outdoing one another in their manufactured outrage and lurid descriptions, the frontrunners are Doug Preston, Steve Moore, Michael Heavey, Paul Ciolino, Saul Kassin, John Douglas, and Bruce Fischer.

Also Steve Moore, Steve Moore, and Steve Moore. Seemingly for him an obsession.

Thousands of other accounts take their word as gospel. Curt Knox and Edda Mellas have repeated it, blaming Amanda when challenged (really).

Amanda Knox attempts to fire up this hoax again repeatedly.

But testimonies of numerous investigators at trial that she sat through without objection confirmed one another, strong proof that nothing on the list above is true.

Knox tried to make some of this fly at the 17 December 2007 questioning that she herself requested by Dr Mignini.

She tried again on the stand at trial in July 2009. But she had to concede that none of it was like that list above and that she was treated fairly on 5-6 Nov.

No judge in 2007, 2008, 2009, 2011, 2013, and 2015 ever accepted that a “confession” was forced out of her. Knox’s own lawyers did not believe it.

Totally isolated on this in court, and often her own worst enemy, Knox was sentenced to three years for voluntarily and maliciously fingering Patrick.

Knox will remain a felon for life (there can be no reversal) for this demonizing of Patrick.

She is trying very hard to hide that fact.

For example she hid it last year from Netflix. Now she is hiding it from Vice Media who dont realize that Knox is the mother of all demonizers. Not yet.

3. Complete Absence Of Verification

So far, the hoax is a huge fail. See Part 2.

But the malicious or confused usual suspects continue to parrot the hoax like a mantra. For Fischer’s hapless bunch of apologists on Ground Report it’s a mainstay.

In this series we have already posted proof of records of all Q&A made and signed by Knox herself for 5 and 6 November. They dont go toward proving anything on the list.

Here below is the record made and signed by Knox three days earlier for 2 November. A sort of prequel but an important one. It began at the house and then took maybe two hours at the questura. We will be posting the records for 3 and 4 November soon. None of them go toward proving anything at all on the list.

Here Knox was in discussion (in fact said to be eagerly in discussion) with just three officers on their regular shifts. This record is timed at 3:30 pm. There was a hour or so for discussion and an hour or so for typing and signing. Then Knox sat outside with others until they were all fingerprinted and sent home.

This below was the longest of all her questionings.  Her sessions on 3 and 4 November merely consisted of two visits with Dr Mignini to the house, nothing more. Her nighttime sessions on 5 and 6 November we have posted on; they were quite short too. We know of no hard proof that puts their aggregate time beyond ten hours at maximum. We think less actually.

We will post the reports for 3 and 4 November soon, and you may be surprised at their briefness and thrusts - especially as Knox’s book suggests rank paranoia and chronic fatigue at the burdensomness of it all setting in.

Remember Knox was free to walk out of the police station at any time. Remember twice she turned up unrequested and she just hung around, watching and listening. (Her team actually counts in all those hours to get to their 50-plus.)

Before the wee hours of 6 November she did not even have the status of a witness. Just a person with information of possible value.

Told that she needed a lawyer on 5 and 6 November by both Rita Ficarra and Dr Mignini, she brushed them off, and kept talking and talking.

She was very keen to see things put in writing, and she demanded statements like this one to sign. The Sollecito statement follows.

4. Signed Record Of Knox Statement 2 November

[Preliminary Translation Not Yet Checked Out For Wiki]

Questura di Perugia /Perugia Police Station
Squadra Mobile /Flying Squad

Re: Transcript of summary information from persons informed of the facts (of the case) conveyed by:
KNOX, Amanda Marie, born in Washington (USA) on July 9th, 1987, domiciled in Perugia, Via della Pergola n. 7; identified by means of Passport n. 422687114 issued by the US Government on June 13th, 2007, tel. 3484673590.

On the day of November 2nd, 2007 at 3.30 pm, in Perugia at the offices of the Squadra Mobile of the Questura of Perugia. Before the undersigned Officers of the Judicial Authority Inspectors Luca C. Scatigno and Rita Ficarra, Assistant Fabio D’Astolto, respectively on duty at the aforementioned office and the local U.P.G.S.P., there is present the person indicated above who sufficiently understands and speaks Italian, who regarding to the death of Meredith Susanna Cara KERCHER, and who declares the following:

“I have been in Italy since the end of September for reasons of study, even if occasionally, on Tuesdays and Thursdays, I work in a pub called “Le Chic”, and since then I have lived at Via della Pergola number 7 together with other girls, specifically: Laura, 27 years of age, who is the one through whom I found the apartment in question, Filomena, 28 years of age, whose surnames I don’t know, but I know that they work in a law firm, though not together.

Then also living there is Meredith, an English student attending on the Erasmus exchange programme. Each one of us, peripatetically, occupies a room in the aforementioned apartment, on the 2nd floor. The common parts shared by all the girls are the two bathrooms and kitchen. Access to the apartment is through a door reached by an exterior stair. This entrance door, to be well closed, needs to be locked by means of keys, because otherwise as it is broken the door can be opened with a simple push.

Yesterday afternoon I definitely saw Meredith at lunch time, around 1 pm roughly. On that occasion I ate at my house together with my Italian boyfriend, Raffaele, whereas Meredith did not eat with us. Around 3 pm or perhaps 4 pm, after chatting a bit together with us, Meredith said goodbye and left, without however saying either the place she was going to or with whom, while we remained to play the guitar. I am not sure if yesterday Laura was at the house, because I didn’t see her, but I cannot exclude that she may have been in her room. Filomena, on the other hand, I saw yesterday morning before lunch time. She was preparing herself to go to a graduation party that afternoon.

Around 5 pm I left my house together with Raffaele to go to his house where we stayed the whole evening and the night.

This morning, around 10-11am, I returned to my house alone to have a shower and change my clothes, and in this circumstance I noticed that the entrance door of the apartment was wide open whereas the doors to the rooms inside the house were all closed, at least the ones to Filomena’s and Meredith’s rooms, although I didn’t check if they were locked, whereas the one to Laura’s room was ajar and my door was open as usual. These things seemed really strange to me because, like I already said, it is customary for all of us to always close the entrance door with a key since that is the only possible way to close it. So I started to call [the names of] the girls aloud, but without getting an answer. At that moment I thought that maybe one of the girls had gone out to throw the trash into the bins, or to go to see our neighbors, the boys, who occupy the apartment below ours and with whom we hang out.

I remember having closed the front door of the apartment, but I didn’t lock it with the keys, and I went to the bathroom located near to my room, the one that only me and Meredith usually use, to have a shower, when I noticed drops of blood on the floor and a bigger blood stain on the bath math and other blood stains on the sink as if someone had smeared it with a bloody hand. This thing seemed a bit strange to me because we girls are all fairly clean and tidy, and we clean the bathroom [immediately] after we have used it. At first I thought that the blood on the sink could be mine because I did some ear piercings about a week ago, so I immediately checked in the mirror and touched my ear. Then I touched the blood on the sink but seeing that it was not removed immediately, that is, it was not recent, I thought it could be some girl’s menstrual blood and because it disgusted me, I did not attempt to clean it.

Immediately after this I went to the other bathroom, where I usually dry my hair, and after having dried it, I noticed that there were feces in the toilet, that is, someone had used it to relieve themselves, but they had not flushed afterwards. This thing also seemed strange to me for the reasons that I have already stated, and so I avoided flushing it myself

Later I took the mop, which was located inside a closet, and I left my house to go to my boyfriend’s house to clean his room [kitchen] because we had soiled it the previous night. I remember that when I left, around 11.30 am, but I’m not sure about the precise time as I didn’t look very carefully at the clock, I closed the door of the apartment with a turn of the key.

After arriving at the house of my boyfriend, who lives alone in an apartment near my house and to be more precise in Corso Garibaldi number 110, we stayed there for about an hour, for the time it took to clean the kitchen and have some breakfast, after which we returned to my house together. I want to point out that I immediately told my boyfriend about the strange things that I had detected in my house, and he urged me to call one of the girls.

And I did indeed first call Filomena to ask her if she knew anything about the blood I had found in the bathroom, and she replied that she knew nothing about it as she had slept at her boyfriend’s, Marco’s, house the previous night, and the following morning, that is, this morning, she had gone directly to work without going home first. After Filomena, I phoned Meredith three times and to be more precise, the first time I called her, I called her English cell phone number 00447841131571, which is the first phone number Meredith gave to me, and which I saved first to my phone card; the phone rang several times, and at one point I heard the line disturbances and interruption of rings. So I tried to contact her on the phone with the number 3484673711, and also this time the phone rang but no-one answered. I tried calling her for the third time with the first cell phone number again, but also this time without getting an answer.

I didn’t call Laura because Filomena had told me in the previous phone call that she had gone to Rome, but I don’t remember if Filomena told me when she had left.

So I haven’t seen Laura since the afternoon of October 31st this year.

At this point, I returned to my house with my boyfriend, worried about Meredith, because she was the only one whose whereabouts I didn’t know of.

When I got to my house, around 1 pm, I opened the front door, which I found locked, and entered the apartment. I began to open the doors of the rooms occupied by the other girls. First, I opened Filomena’s bedroom door, that is the first room nearest to the entrance, and together with Raffaele we found that the window, with two shutters, was open and the window glass was broken. I don’t remember if both glasses were broken or only the other one. Broken glass was scattered on the floor, inside the room, near the window. Scared, I thought it could be that a thief had entered the house, and then I quickly glanced around to check that everything was in order, and that nothing had been removed. So I headed to Laura’s room and also there I opened the door and checked that everything was in order. I want to point out that I didn’t go inside the rooms, that I just had a quick look, from the door.

Immediately after that I went into my room, and even there I didn’t notice anything / nothing was different, after which I headed to Meredith’s room, but I couldn’t open the door because it was locked. 

At that point I looked out from the bathroom terrace, leaning forward to try and see the window of Meredith’s room, but I couldn’t see anything, after which I returned to the door to look through the keyhole and I could only see Meredith’s handbag on the bed. I retraced my steps to take another look at all the rooms without, however, entering any of them and without noticing anything unusual. Immediately after that I entered the first bathroom near the entrance to the apartment where I very quickly looked around without paying close attention to whether the feces were still inside the toilet.

At that point while Raffaele remained in the apartment, I went down to the downstairs students’ apartment, and above all to talk with Giacomo hoping he would have news of Meredith’s whereabouts, but no-one answered the door. After I had returned to the apartment, Raffaele decided to call his sister for advice on what to do, and immediately after that call he called, I don’t know if it was the state police (Polizia) or Carabinieri, to come to the house, and in the meantime, I contacted Filomena at her cell phone number 3471073006 to inform her we had found the window panes in her room broken, and that Meredith’s room was locked. She replied that she would join me at once.

Raffaele, who was worried about Meredith’s safety, tried to break the door to her room by kicking it without success, and immediately afterwards we saw the plainclothes police arrive. After they showed us their identification cards, they inquired about our particulars and our cell telephone numbers. Then they asked us what had happened. We told them about the window we had found with the shattered glasses, about the blood stains found in the bathroom, and about Meredith’s room that was strangely locked. The policemen asked us questions about the people who occupied the house and about the telephone calls made, and in the meantime a friend of Filomena whom I know as Marco, and two other friends of hers I didn’t know, arrived. At that point Filomena began to talk to the policemen, and while I stood aside in the kitchen, the others together with the policemen headed for Meredith’s room and broke down the door. I can’t specify who really proceeded to break down the door. At that point I heard Filomena screaming and saying “a foot, a foot” while the police officers ordered us all to go outside the apartment.

At that moment I learned from my boyfriend that inside Meredith’s room, in the wardrobe there was a girl’s body covered with a sheet, and the only thing you could see was a foot. None of those present mentioned the name of Meredith, and as I left the house immediately after that without having seen the body, I can’t state whether it’s her.

Additionally: There are four Italian students living in the apartment on the lower floor of my house, and we often gather together to play the guitar; together with them we also went out a few times to go for a dinner, and once we went to a disco. Meredith and I went out more times together with all the four boys than the other two (Laura and Filomena). These guys are respectively called Giacomo, Marco, Stefano and the fourth, with whom I personally speak very little, I seem to remember is called Riccardo. I know that one of the four guys, to be precise, Giacomo, is Meredith’s boyfriend. In fact, Meredith sometimes slept at Giacomo’s house and sometimes Giacomo came to our house to sleep with Meredith. I want to point out that the two didn’t very often go out together as Meredith went out with her English friends while Giacomo, from what Meredith told me, preferred to spend more time at home.

Additionally: Regarding the house keys, I can say that they are available to each of us, but I don’t know that other outsiders would be in possession of any copies of them, including Raffaele, my boyfriend. I’m sure Filomena gave no key to Marco, her boyfriend, since every time he arrives at our house he always knocks at the door very loudly. Laura doesn’t have a boyfriend, whereas regarding Meredith, I can say that knowing her I don’t think she had given keys to Giacomo even if I can’t definitely rule it out.

Additionally: Meredith and Giacomo had only been seeing each other for a few weeks, and as for their relationship, Meredith herself told me that it was going well, she never talked about any quarrels with Giacomo, whom I moreover find a very quiet guy. As I’ve already said, she went out very often with her English friends, and they used to attend the disco pub “Merlins”. Once I went there too, and another time we went to another disco pub. Both times there were just us girls.

Additionally: Meredith and I did not celebrate Halloween together, in that I, that evening, was at the “Le Chic” pub, but not for work, but I know she went to “Merlins” with her English friends and without Giacomo, as she told me herself just yesterday. She told me that she had a lot of fun. She did not tell me about any new acquaintances made that evening. From what I know she always went out with the same friends, including me, or with Giacomo and his friends. She usually did not go out alone in the evening.

Additionally: I can describe Meredith as a girl of 21 years or age, of English nationality, about 1.70cm (5’7’‘) tall, thin build, olive complexion, black hair smooth and long, brown eyes. I don’t think she had any particular marks such as tattoos or other marks on her body. The last time I saw her, she was wearing white jeans and a short, light, pale-colored jacket.

Written, read, confirmed, signed

The declarer The verbalizers

Amanda Knox (signed) (Signed, three signatures)


5. Signed Record Of Sollecito Statement 2 November

QUESTURA DI PERUGIA
Anti-crime Police Division
Flying Squad
Section 5 Anti-drug treatment
SUBJECT: Minute of summary testimonial information provided by:
SOLLECITO Raffaele, born in Bari on 26.03.1984 residing in Giovinazzo (BA) in via Solferino nr. 4, domiciled in Perugia in C.so Garibaldi nr. 110, identified by means of C.I. nr. AJ1946390 Issued by the Municipality of Giovinazzo (BA) on 22.07.2004 Tel.340 / 3574303.

The year 2007, of the month of November, the day 02 at 15.45, in the offices of the
Flying Squad of the Perugia Police Headquarters.

Before us, undersigned Officers and Agents of P.G. Sost. Commissioner ROSCIOLI Roberto and Ass. ROSSI Romano, belonging to the Office. In the indicated inscription, the person indicated is the subject who heard about the finding of a dead English girl inside a flat located in Perugia in via della Pergola no. 7 who declares the following:

I state that I am a university student, enrolled in the first year of the Mathematics-Physics-Natural Sciences Department, at the Computer Science course at the University of Perugia. I am enrolled at the aforementioned university since 2003, also for about a year between 2005 and 2006 I attended the same course in Germany, through the Erasmus project. From October 2006 I returned to Perugia and for the study periods I live alone in a studio located in Perugia in Corso Garibaldi No. 10.

About a week and a half ago, I met my current girl of American nationality, KNOX Amanda, who is also a student, enrolled at the local University of Foreigners. My girlfriend lives together with three other students in an apartment located in Perugia in via della Pergola No. 7. Visting there, I have met the other three roommates, Filomena of Italian nationality, Laura also Italian with residence in Viterbo, and Meredith of English nationality with residence in London.

Since Amanda and I met, she usually spends the night at my house, same as it happened yesterday night and the previous one.

Yesterday morning, my girlfriend and I woke up around 10.30; I stayed to sleep while Amanda went to her home with the agreement that we would be seing each other in the early afternoon of the same day. Around 2:00 pm I went to Amanda’s house to have lunch with her and once I got there, I also found Meredith in the house who had already eaten. After eating lunch, I stayed at home talking to both my girlfriend and Meredith, who in the meantime was preparing to leave.

At about 4:00 pm, Meredith left without saying where she was going, while we stayed home until about 5.30 pm. After that hour, Amanda and I took a little trip to the town center and then went to my house where we stayed until this morning.

This morning around 10.00, we woke up and as on other occasions, Amanda returned home to take a shower and change, with the intention of returning later to my house.

At about 11:30 am, Amanda returned to my house and while we were having breakfast, she told me worriedly that in the house where she lives she had found the door open, and in the bathroom used by her and Meredith Amanda had noticed traces of blood both on the sink and in the mat below. Furthermore, Meredith’s room was locked.

Concerned about the situation, because it was not clear why the front door had remained open, Amanda went downstairs and knocked on the door of some Italian students who live under her to ask for help, but with negative outcome because nobody answered. I want to clarify that among the guys of the apartment above, there is a Giacomo, a person unknown to me, who Amanda says would hang out with Meredith. Not receiving resposess, Amanda, before returning to my house, locked the door and after arriving at my home told me the story

She asked me to take her home to find out what had happened. Once on the spot, Amanda opened the door, which has a defect in the lock, both from the outside and from the inside, which opens only with the keys because the handle does not work. Without the keys, it can not close even you pull it outward.

Once inside, we walked around the house and immediately Amanda noticed that in the other bathroom, the one used by the two Italian girls, when she left the house, there were faeces in the toilet while when we entered the toilet it was clean. In addition, the room in use by Filomena had the door wide open, was untidy and had the window completely open with the glass of the left pane broken in the lower part. Seeing this, Amanda told me that she had not previously seen this as the door to the aforementioned room was blocking the view of what was inside.

At this point, I went into the bathroom in use both by Amanda and Meredith. Here I too noticed the traces of blood on both the sink and the mat. Assuming something had happened, I was asking Amanda to call her roommate friends, but after several attempts she could only get in touch with Filomena, who told her that she was at her boyfriend’s house and that she would be returning immediately.

At this point Amanda called Meredith several times, and knocked on the door, but without any reply. Given the situation, I looked out of the various windows of the house in order to see where the window of Meredith’s room was, but being situated at the end of the apartment it was difficult to access from the outside, I decided to try to open the door by kicking it and pushing it at the height of the lock, but without succeeding because I only caused cracks in the wall and in the door.

Not succeeding in the intent, I tried to look through the keyhole which was missing the key and from there I could only see a brown woman’s bag that was on the bed, and on the left side probably an open cupboard door.

At this point I asked for advice from my sister, who serves as a Lieutenant of the Carabinieri in Rome, who advised me to call 112 directly. The local 112 when asked by me said that he would send a radio car. While waiting for the Carabinieri, I saw plainclothes police arrive who identified themselves officers of the Polizia Postale, who were looking for Filomena and Meredith because they had found the two cell phones of the latter.

To them, both Amanda and I told the story described above, and because of this the agents, given the situation, broke through the door of the room of Meredith thus ascertaining the tragic event. Seeing their faces I stayed on the sidelines and I did not look at what was inside. Present at the time of the breakthrough of the door, in addition to us and the police, there was also Filomena and her boyfriend who had arrived in the meantime and had reported not knowing where Meredith was.

Later a patrol squad of the Carabinieri also arrived. Being more precise, Amanda, when she told me that she went to ask for help from the boys who live below her apartment, found the doors closed but the gate in front of those doors was open.

I have nothing else to add.
Done, read, confirmed and signed.
Raffaele Sollecito


Wednesday, November 29, 2017

Netflixhoax 28 Omitted - The Case Against RS & AK Is Actually Getting Stronger Still

Posted by Peter Quennell




Pro-Guilt Trends

See the pointilist painting above? It consists entirely of dots. The more dots, the more it makes sense.

Justice can take its sweet time. But the global trend is for it to win out in the end. There is actually a huge industry that does what we do. Continue to harden cases dot by dot.

Primarily for that reason, opinion polls and surveys taken of the attitudes to specific crimes show that over time most of those attitudes trend toward guilt. Even Netflix can’t buck that.

Smoking Guns

This case is like that. Take a look at our new page. Created at popular request. The stark facts in any one of those posts is pretty well impossible to innocently explain away.

Eight of those 12 posts appeared - could only appear - in the past three years. New documents and new translation continue to arrive. The enormous Case Wiki and PMF and TJMK add more depth all the time. 

Media Shortfalls

This goes on despite almost no help from US and UK media, who between them barely ever translated a single word. There was some fine reporting (see next posts). But major happenings in the case often got no reporting at all.

The blatant corruption of the Hellman appeal? No report. Sollecito’s telling second trip to the Dominican Republic? No report. Guede pointing more and more strongly at the pair? No report. Knox inevitably facing charges for the defamations in her book? No report. Her 400 lies there plus many more? No report.

The final vexatious outcome from the Supreme Court, which put Knox with blood on her hands right at the scene of the crime (the whole house)? No report. Sollecito’s two losses in court this year over his damages-award claim and his book? No report.

Bad books (think of PR shills Dempsey, Burleigh, Fischer, Heavey, Preston, Douglas, and Moore - as well as Sollecito and Knox) don’t stand the test of time. They are now really easy to shoot down. In contrast strong well-documented legal takes like James Raper’s book quietly move in. The BBC airs the best report done so far.

Inflection Point

Italians are strongly pro-guilt. Especially toward Knox, widely seen as the enraged and jealous prime mover and the killer of Meredith who wielded the final stab in the attack.

So we are pretty confident that the US and UK will see an inflection point in 2018. Just sayin’ Netflix.


Tuesday, November 07, 2017

Knox v Knox 1: Series overview - How She Herself Provides Proofs Of Lies

Posted by Chimera



Reason whythere’s no similar shot of RS showing warmth to AK

1. Series Context

Knox lies?! Anyone who reads here for a while is left in no doubt of that.

Anyone who watched the trial in Italian concluded that. Even her own lawyers concluded that. They publicly requested in 2008 that she stop all her lying.

Numerous sworn witnesses in court, with no dog at all in this fight, contradicted her. Easily identifiable lies now number up in the thousands. They tend to be malicious (how she hates other), and they tend to be narcissistic (how she loves herself).

To close case-watchers they stand out a mile. 

And yet amazingly more than four out of every five critics who reviewed her book on the Amazon site accepted what she said, word for word. And more than four out of every five critics who reviewed the Netflix report accepted what she said, word for word.

Past posts and series addressed Knox lies at (1) the time of arrest and 2007 hearings, (2) the 2008 hearings, (3) Knox at trial, (4) Knox in prison, (5) Knox at the Hellman appeal, (6) Knox back in Seattle, when (7) she wrote her book, (8) Knox emailing Judge Nencini, (9) Knox in recent paid presentations, and (10) Knox on US media and especially Netflix (with more to follow).

This further 8-part series puts (2) above along side (7) above to show further how it is a really, really bad idea to believe anything at all in Knox’s book.

Knox very often lies by omission - she leaves out numerous key facts - and her shadow writer and editors seemingly enable that. I will address some of Knox’s key omissions in this first post.

What Was Omitted From The Book

(1) Knox At Trial In 2009”¦

Here is Knox’s entire text of a full two days at court on June 12-13, 2009 in Waiting to be Heard (Chapter 26, Pages 324-327).

“Your Honor, I’d like to speak in Italian,” I said politely. I didn’t think about whether it would work or whether it was a good idea. All I could think was, I have been waiting my turn for nearly two years. This is it!

At least prison life had been good for my language skills.

I was relieved to be able to speak directly to the jury. The hard part wasn’t the Italian; it was being an active listener for hours at a time, making sure I heard the questions correctly and that my questioners didn’t push me around.

Pacelli tried to insinuate that I’d come up with Patrick’s name on my own in my interrogation. “No,” I said. “They put my cell phone in front of me, and said, ‘Look, look at the messages. You were going to meet someone.’ And when I denied it they called me a ‘stupid liar.’ From then on I was so scared. They were treating me badly, and I didn’t know why.

“It was because the police misunderstood the words ‘see you later.’ In English, it’s not taken literally. It’s just another way of saying ‘good-bye.’ But the police kept asking why I’d made an appointment to meet Patrick. ‘Are you covering for Patrick?’ they demanded. ‘Who’s Patrick?”’

We went over how I found the room for rent in the villa, my relationship with Meredith, my history with alcohol and marijuana, and what happened on November 2. The prosecution and the civil parties were confrontational. I was able to respond. It took two exhausting days, and there were a few questions I couldn’t answer.

I’d purposely tried to forget the emotional pain of the slap to my head. Other memories had become muddled by time. For instance, I remembered calling my mom only once after Meredith’s body was found, but cell phone records indicated that I’d made three calls while Raffaele and I were standing in my driveway.

During my testimony, I was clear. I never stumbled or stalled. I just said, This is what happened. This is what I went through.

I relaxed a little when it was Luciano’s turn to question me.

“During the interrogation, there were all these people around me,” I said. “In front and behind me, yelling, threatening, and then there was a policewoman behind me who did this.”

I slapped my own head to demonstrate.

“One time, two times?” Luciano asked.

“Two times,” I said. “The first time I did this.”

I dropped my head down as if I’d been struck and opened my mouth wide in surprise.

“Then I turned around toward her and she gave me another.”

“So you said what you said, and then you had a crisis of weeping. Then they brought you tea, some coffee, some pastries? When did this happen? If you can be precise,” Luciano asked.

“They brought me things only after I made declarations - depositions” - that Patrick had raped and murdered Meredith, and I had been at the house covering my ears.

“I was there, they were yelling at me, and I only wanted to leave, because I was thinking about my mom, who was arriving soon, and so 1 said, ‘Look, can I please have my phone,’ because I wanted to call my mom. They told me no, and then there was this chaos. They yelled at me. They threatened me. It was only after 1 made declarations that they said, `No, no, no. Don’t worry. We’ll protect you. Come on.’ That’s what happened.

“Before they asked me to make other declarations-1 can’t say what time it was””but at a certain point I asked, ‘Shouldn’t I have a lawyer or not?’ because I didn’t honestly know, because I had seen shows on television that usually when you do these things you have a lawyer, but okay, so should I have one? And at least one of them told me it would be worse for me, because it showed that I didn’t want to collaborate with the police. So I said no.”

Then it was Mignini’s turn. “Why did you say, ‘Patrick’s name was suggested to me, I was beaten, I was put under pressure?”’

As soon as I started to answer, Mignini interrupted with another question. He’d done the same thing to me during my interrogation at the prison. This time, I wasn’t going to let it fluster me. I was going to answer one question at a time. Showing my irritation, I said, “Can I go on?”

I described my November 5 interrogation again. “As the police shouted at me, I squeezed my brain, thinking, ‘What have I forgotten? What have I forgotten?’ The police were saying, `Come on, come on, come on. Do you remember? Do you remember? Do you remember?’ And then boom on my head.” I imitated a slap. “‘Remember!’ the policewoman shouted. And then boom again. ‘Do you remember?”’

When Mignini told me I still hadn’t proved that the police had suggested Patrick’s name, my lawyers jumped up. The exchange was so heated that Judge Massei asked if I wanted to stop.

I said no.

At the end, the judge asked what I thought of as a few inconsequential questions, such as, Did I turn up the heat when I got to the villa that Friday morning? Did we have heat in the bathroom, or was it cold? Rather, the judge was trying to catch me in an inconsistency. Why would I come home to a cold house when I could have showered at Raffaele’s?

Then it was over.

In the past I hadn’t been great at standing up for myself. I was proud that this time was different.

When the hearing ended, I got two minutes to talk to my lawyers before the guards led me out of the courtroom. “I was nervous when you first spoke,” Luciano admitted, “but by the end I was proud of you.”

Carlo said, “Amanda, you nailed it. You came across as a nice, intelligent, sincere girl. You left a good impression.”

I took this to mean that I didn’t come across as “Foxy Knoxy.”

For a while during the trial, the guards would let my parents say hello and good-bye to me in the stairwell just before I left the courthouse for the day. My mom, my dad, Deanna, Aunt Christina, and Uncle Kevin were waiting for me there that day. They hugged me tightly. “We’re so proud of you,” they said.

I hadn’t felt this good since before Meredith was murdered.

After another few days in court, the judge called a two-month summer break.

(2) What The Book Description Omits

I am not expecting a complete trial transcript by any means, but here are some of the numerous vital details conveniently left out.

(a) First, to state the obvious…

(1) AK omits that her book directly contradicts a lot of what was said on the witness stand (okay, that’s not saying much)

(2) AK omits that her book leaves out a lot of what was said on the witness stand (okay, that’s not saying much)

(b) Second who asked the questions

(3) AK omits that she was questioned by Francesco Maresca (Kercher lawyer)

(4) AK omits that she was questioned by Guilia Bongiorno (Sollecito lawyer)

(5) AK omits that she was questioned by Luca Maori (Sollecito lawyer)

(6) AK omits that she was questioned by Giancarlo Massei (Trial Judge)

(7) AK omits that a taped phone call was played (with Filomena Romanelli)

(c) Third, how much makes no sense

(8) AK claims she didn’t expect to be interrogated, but leaves out that she showed up unannounced and uninvited

(9) AK omits telling the Court she doesn’t know how to delete “sent” messages, as she’s not a “technical genius”

(10) AK claims she was asked about “imagining things”, but not about the list she had put together

(11) The same 2 “slaps” are used to: (a) get Knox’s attention; (b) get Knox to remember; (c) get Knox to stop lying; (d) to get Knox to say Meredith had sex; (e) to get Knox to give up a name; (f) to confirm a name.  So, I assume she was smacked about 12 or 14 times….

(12) AK knew Meredith screamed, but only because it was suggested to her

(13) AK knew Meredith’s body made a “thud”, but only because it was suggested to her

(14) AK knew about the sexual assault, but only because it was suggested to her

(15) AK knew about Meredith having her throat cut, but only because an anonymous officer told her—or was it gestured?

(16) AK knew Meredith took a long time to die ... because she watches CSI

(17) AK knew about the gurgling sounds Meredith made .... because she watches CSI

(18) AK asked for pen and paper to write that she didn’t know what the truth is

(19) AK tells her Mother PL is innocent, but isn’t sure she didn’t imagine it (and report that)

(20) AK, in the same testimony, imagines both: (a) PL is guilty; and (b) PL is innocent.  Well, 1 of those must be true.

(21) AK needs a mop for a little puddle at RS’ home, yet hops around on a bathmat in her own home

(22) AK doesn’t think to flush a toilet that had been used 12+ hours before

(23) AK is asked to imagine things, even though there is all this hard evidence

(24) AK was starved, yet the police still brought her tea “and other things”

(25) AK saying “I can’t lie.  I was there” is just a euphemism for screwing with RS.  Not an admission of guilt

(26) “Hickies” from boyfriend apparently look like cut marks

(27) AK supposedly had a class project once where she describes the 10 minutes prior to discovering a body

(28) AK doesn’t know Ficarra’s name (her supposed abuser), but does remember it after another 4 years

(29) AK doesn’t clean up blood after seeing it in her bathroom

(30) AK is freaked out by an open door, which she suspects a housemate left while throwing out the garbage

(31) AK doesn’t think its strange that her lamp got locked in Meredith’s room

(32) AK doesn’t remember calling her mother in court, but remembers it fine after another 4 years

(33) AK only knew Meredith a month, and just wants to get on with her life (some “friend”)

(34) AK imagines things that last for years, but this is the only situation where it ever happened

(35) AK “might” have been interrogated by dozens of people.  Or it could have been a few, and the faces weren’t familiar

(36) Despite huge amounts of evidence, the police ask Amanda to imagine what could have happened

(37) The police investigative technique of asking witnesses to “imagine things” is only ever applied to AK.  Never before.  Never afterwards.

(38) AK doesn’t really know what the word “confirm” means

(39) AK has trouble—even years later—distinguishing between imaginary and reality.

Conclusion

To put it mildly, what Knox said previously in court in 2009 does not match up with her book in 2013 and her 2015 addition.

Seems that AK is either: (a) forgive me, but a complete bullshitter, who lies through her teeth as often as breathing; or (b) has an extremely limited grasp of reality, which even Sollecito and others who know her have suggested, coupled with a very poor memory; or (c) a combination of (a) and (b).

This makes it very hard for us to distinguish between what she genuinely can’t remember - psychologists feel she may have blanked out the attack on Meredith - and what are actual new lies.

Not an envious task for any trial court.  Judge Massei seems to have had a hard time making any sense of it whatsoever. Judge Nencini hardly bothered.

Series will continue

Thursday, April 27, 2017

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

Posted by James Raper

Our YouTube whiz DelPergola’s video of November 2010

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

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

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

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

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

The significant elements in the examination were described as follows :

A fine pattern of petechiae on the internal eyelid conjunctive.

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

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

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

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

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

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

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

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

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

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

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

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

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

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


—————————————


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

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

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

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

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

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

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

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

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

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

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

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

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

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


—————————————————-


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

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

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

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

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

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

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

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

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

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

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

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

 


Saturday, November 12, 2016

Netflixhoax 17: Omitted - Too Many Pesky Truths, To Inflame False Notion Italian Justice Failed Here

Posted by Corpusvile



Inside Netflix’s Silicon Valley headquarters


Amanda Knox the Netflix documentary was directed and exec produced by two ardent Knox supporters, Rod Blackhurst and Stephen Robert Morse

They have been campaigning for Knox since 2011, which has included harassing real journalists who actually covered the case far more thoroughly than they did.

The movie opens with lingering almost gleeful close ups of the bloody crime scene and goes downhill from there. It begins by trying to shape a false narrative of handy villains who all seemingly came together like the stars aligning to make innocent Amanda look so screamingly, beyond a reasonable doubtingly guilty.

In the beginning, there were the cops. It was them who railroaded and coerced poor Amanda.

Then it was the nasty prosecutor, who the documentary falsely intimates took part in Knox’s trial and appeal, whereas he only took part in her trial and was one of several prosecutors. The documentary attempts to make out he’s some Sherlock Holmes fanboy nut job.

They also mistranslate him, by having him proclaim that only a female killer would cover a female victim, when he actually said that an “unknown” male killer - within the context of a supposed burglary gone wrong - would be unlikely to cover up a victim.

Then it was the ENFSI certified forensic specialist who Knox’s fan club labeled a “lab technician”. (Oddly, though, the same forensic specialist and prosecutor seemed to do a great job testifying against and prosecuting the black guy, and sogood work guys).

Then it was Meredith Kercher’s friends who conspired against The Railroaded One, then it was the innocent victim’s innocent family themselves who were “persecuting” sweet Amanda.

Now, courtesy of Netflix, the REAL villains were the tabloid media, specifically one tabloid hack, Cockney wideboy Nick Pisa, who comes across like I’d imagine Danny Dyer’s dad would come across as and is quite hilarious, albeit totally devoid of any scruples as any tabloid hack worth his/her salt would.

The media, the prosecutor, the witnesses, THEY were the ones who were responsible for poor Amanda’s woes (and not the 10,000 pages of behavioral, circumstantial and hard physical evidence against her which the documentary brushes over in a cursory manner.)

It makes out that Knox and Sollecito were in love after an alleged five day romance. I say “alleged” as Sollecito is rather inconsistent in this regard, variously claiming a fortnight, 10 days, to a week to now apparently five days. This is hammered home by shots of what I presume to be lovebirds, complete with feel-good treacle music.

Sollecito comes across as a smirking stoned weirdo, and Knox comes across as her usual creepy quasi psychopathic self, complete with crocodile tears and loud theatrical sighs.

Knox is also her usual inconsistent self and can’t seem to stop changing her story, whether it’s droning on that she and Meredith weren’t the best of friends (after droning on in other interviews that they were “dear friends”).

Or claiming that she only knew Guede to look at and had only seen him two or three times. This despite claiming that she only saw Guede for the first time ever in court (Dianne Sawyer interview) and claiming she never had contact with Guede, in her rambling eight page email to the Nencini appellate court before claiming - in a consecutive sentence no less - that she actually did have contact with him.

She proclaims it’s “impossible” for her DNA to be on the murder weapon, disregarding that it was a matter of established fact that her DNA is on the murder weapon with Meredith’s DNA on the blade.

The film makes out that Rudy Guede, the sole person convicted for Meredith Kercher’s murder, left his DNA all over the crime scene, with funky arrows pointing here, there, and everywhere. The problem is this simply isn’t true. Rudy Guede was convicted on less DNA evidence (five samples) than Amanda Knox (six samples).

The documentary also displays quasi racism, where trial and appellate courts can be rejected for innocent Amanda, but innuendo is sufficient for black guys, as Knox lies in the documentary that Guede is a known burglar.

The documentary happily facilitate this lie by obligingly showing a mugshot of Guede with the intimation that it’s a mugshot for burglary. The problem again is, this is simply untrue. Guede has no burglary convictions, and indeed was the only one out of the trio with no prior criminal record before Ms Kercher’s murder.

Knox and Sollecito both had minor run-ins with the law resulting in fines. Guede was never even charged with the burglary, and even the acquitting court decreed that the burglary was staged, as in staged in another flatmate’s room where Amanda Knox left her presumed blood DNA mixed with the murder victim’s and where no trace of Rudy Guede exists.

Knox also claims that no biological traces of her exist in one localized area of the crime scene, specifically Meredith’s bedroom, yet ignores that by such a rationale Guede couldn’t have committed the burglary.

Knox also claims that Guede acted alone, but no court decreed this, and she claims that he broke into her home when Meredith was present, neglecting to explain how Meredith never heard the 4 kilo rock hurling through Filomena Romanelli’s bedroom and why she obligingly did nothing while Guede shimmied 13 feet up a sheer wall TWICE.

The documentary, apparently not content with trying to match the record of most lies ever told in a single documentary before, then breezily attempts to surpass such a record, by introducing the film’s saviors, Stefano Conti and Carla Vechiotti, as “independent forensic DNA experts”.

Conti hypothesizes, like he did in court, that anything is possible. It’s like totally possible that contamination could have occurred, therefore it…  DID occur. Basically a hypothesis on the basis that “anything’s possible” supersedes actual submitted evidence.

Vechiotti not to be outdone promptly contradicts Conti by attacking Low Copy Number (LCN) DNA as a science. Basically he claims Meredith Kercher’s DNA profile on the murder weapon (found in Sollecito’s flat, causing him to lie in his diary as to how the DNA got there by claiming that Meredith had cut herself cooking while at his apartment; but Meredith had never visited Sollecito’s apartment) is so tiny that it should be discarded and ignored.

LCN DNA is however now accepted by courts of law worldwide, including in the State of New York USA. Vechiotti also admitted in court that it was Meredith’s profile, and that contamination couldn’t have occurred due to the six day delay between testing.

She does a u-turn on the documentary though, claiming that contamination was likely due to Meredith’s profile being LCN and so small, despite testifying the exact opposite where it mattered the most, in court.

Problem is, Conti makes the contamination hypothesis for the bra clasp, only Sollecito’s DNA found there isn’t LCN, it’s a 17 loci match, with a US court considering between 10-15 loci sufficient enough to be used as evidence.

The doc also fails to explain how his DNA ended up only on the tiny bra clasp in such abundance and nowhere else apart from a cigarette, but mixed with Knox’s. So, too small for the knife, and hey, anything’s possible for the bra clasp.

They also make a big thing about the bra clasp lying in a sealed crime scene for 46 days, yet don’t mention that two samples of DNA evidence used to convict Guede (Meredith’s sweatshirt and purse) also lay there for 46 days. I guess there’s different burdens of proof bars for black guys.

However again the problem is that all of this (yep, again) is simply untrue. Conti and Vechiotti are not experts in forensic DNA or ENFSI certified.

Carla Vechiotti is a pathologist. Her lab at Sapienza University was shut down due to atrocious hygiene practices including honest to God corpses being strewn about the halls, I kid you not.

Conti’s expertise is “computer medical science”...whatever that’s supposed to be. Nor are they independent. Conti and Vechiotti were found “Objectively biased” and “Objectively deceptive” in court by the Nencini appellate. Specifically because Vechiotti falsely claimed that the technology did not exist to re-test the murder weapon. It did indeed exist in 2011.

Vechiotti was also filmed by the BBC shaking hands with Sollecito’s father in court, no less, hardly appropriate behavior for so-called independents. Vechiotti has also been found guilty of criminal misconduct in a separate case, and was fined €150,000 for screwing up in yet another separate case, known as the Olgiatta murder.

You’ll notice in this review how I’ve rarely mentioned the victim Meredith Kercher. That’s because she barely gets a mention in this sad excuse for a documentary. Not even an RIP.

Meredith, the victim is relegated to a mere footnote and indeed a foot under a duvet.

The doc does use archive footage of her mother, Arline, and intimates that she herself is having doubts, whereas the Kerchers have made very clear on several occasions that they know who murdered their daughter.

Reprehensibly, the doc also displays close up autopsy photos of Meredith, yet the autopsy photos were never made public.

Considering only the Kerchers (who didn’t take part in Netflix’s PR makeover) and the defence - and by extension the two former defendants - had access to such material, this begs the very pertinent question: who provided two ardent Knox supporters with autopsy photos of the murder victim?

The filmmakers should be ashamed of themselves for this alone, utterly contemptible behavior which comes across as needlessly and despicably taunting the victim’s family, and at the very least exploiting their daughter and sister purely for lurid effect to make their documentary more “gritty”.

So what’s the verdict on Amanda Knox the documentary?

Well, it’s a terrible, false and ultimately immoral exercise in innocence fraud, and here are some more of the facts that Knox’s PR infomercial left out:

1 The Supreme Court’s acquitting report states that Amanda Knox was present during Meredith’s murder and may even have possibly washed the victim’s blood from her hands afterwards but it STILL can’t be proved that she did it, which begs more questions, namely why didn’t innocent Amanda call the cops for her friend and why wasn’t she charged as an accessory at least? (The same Supreme Court did not make the same allowance for the black guy though, had he washed the victim’s blood from his shoes for example.) The court also states that there’s “strong suspicion” that Sollecito was there.

2 The Supreme Court’s acquitting report states that the burglary was staged.

3 The Supreme Court’s acquitting report states that Meredith was murdered by three attackers and that Guede had two accomplices. (And you really don’t have to be Stephen Hawking to figure out who these two accomplices were, when you view the evidence in its totality)

4 The Supreme Court’s acquitting report states that Meredith’s murder was NOT due to a burglary gone wrong.

5 The Supreme Court’s acquitting nonetheless finalizes Knox’s calumny/criminal slander conviction, which she was handed for falsely accusing her innocent employer of rape and murder, leaving him in prison for two weeks, and never retracting her statement, despite false reports that she did, meaning that Knox’s status is still that of a convicted criminal felon.

6 In finalizing Amanda Knox’s calumny/criminal slander conviction, the Supreme Court’s acquitting report states that Knox blamed her boss to protect Rudy Guede as she was afraid that Guede could “retaliate by incriminating” her, which of course begs some more very interesting and pertinent questions, such as how could Guede incriminate innocent Amanda to begin with?

7 The Supreme Court’s acquitting report does NOT exonerate Knox, it acquits her due to “insufficient evidence”,like Casey Anthony, OJ Simpson and that nice man Robert Durst now back on trial.

The Truth is Out There, as a fictional 90s FBI agent who investigated strange stuff once mused. The truth in Meredith Kercher’s case is out there too, specifically in the Massei and Nencini court reports.

Never have I seen a case where such overwhelming evidence existed and where all the primary sources and court reports are fully available, only for such false reporting and fawning (and equally false accounts abound). It’s like the mainstream media have collectively turned into the robotic town of Stepford.

Yet the truth often has the strangest habit of coming to light, often when we least expect it to shine. I have hopes it’ll shine in Meredith’s case, in time. The supporter fanboy filmmakers are fooling nobody who is familiar with Meredith’s case, and neither are Amanda Knox or Raffaele Sollecito.

RIP Meredith Kercher, who along with her stoic dignified family (who have been subjected to absolutely abhorrent abuse and attacks by Knox’s supporters online) and Knox’s employer Patrick Lumumba are the only victims here.

May the truth shine in your case one day and the facts and truth come to light.


Wednesday, October 05, 2016

Netflixhoax 8: Omitted - Honest Picture Of Sleazy Production Team, Hard Facts That Challenge Them

Posted by Ergon


Netflix’s Amanda Knox is an extreme example of misleading bias by cherrypicking. This post is another in our ongoing series, the mothership for material for this media-friendly page online soon.



I saw the film at the Toronto International Film Festival. As a passionate lover of movies and documentaries, I respect the right of ANYONE to create a documentary or film through the prism of their own POV.

On the other hand, they owe us, the audience, a modicum of honesty in their reporting. Otherwise, as some one once complained about deceptive editing and reporting in one of Katie Couric’s documentaries, it prevents “democratic discourse” and this is what we ask.

By all means, engage with us, but do so honestly.

Having followed the case for many years as well as attending the earlier Supreme Court hearing in 2013 I can add the following:

  • Rudy Guede’s lawyer Valter Biscotti had a lot more to say about his client being convicted ‘in conjunction with others’. This was edited out, as well as the caption Knox put alongside her blog when she posed with a machine gun, “The Nazi Within”.  Something the media reported correctly at the time, McGinn and Blackhurst not.

  • The Producer Stephen Robert Morse hid his involvement in the project with Brian McGinn and Rod Blackhurst since 2011. They had ALL made inflammatory comments in favour of Amanda Knox over the years, with Morse hastily deleting some (but not all) as the Netflix sale came up.

  • He even called Nick Pisa “a piece of shit” in Perugia in 2011. It was the reputable Danish production company head Mette Heide that approached Mignini and Pisa, who didn’t know of Morse’s involvement, but that gives the background to this biased ‘documentary’ and why some may feel it is less than fair or balanced in its portrayal of the protagonists.

  • Mignini was referring to the Monster of Florence case when he talked of people coming up to shake his hand, the film makes it look like they were congratulating him for putting away Amanda Knox.

  • He was referring to it being an inside job when he said an “unknown” man (edited out to make him seem misogynistic) would not have covered Meredith with a blanket.

  • The film emphasized his Catholic beliefs to make it seem he was making a moralistic judgement about her. As he pointed out, the evidence was somewhat overwhelming. It also made it seem like his love of Sherlock Holmes was proof of him following a hunch. Um, that’s what investigators sometimes do, especially when faced with the numerous prevarications and failed alibis of Amanda Knox. Obscuring the evidence to match your narrative is dishonest to the extreme.

  • The ‘independent’ DNA experts Conti and Vecchiotti were given lots of room to claim contamination though that was never proved in court, only inferred. Also left out: Vecchiotti’s sentence for not maintaining sterile conditions in HER laboratory. Her switching a suspect’s DNA with another in one of Italy’s worst murder cases in order to falsely exonerate someone with ‘connections’. The tests had to be redone to obtain a conviction. As they make fun of Nick Pisa for ‘not fact-checking’, should they not have fact-checked before they placed her on camera?

  • The biggest laugh the Toronto audience gave was WITH Nick Pisa when he said “I mean, she’s (Knox) a complete and utter loon”.

  • This follows the Netflix template of creating reasonable doubt as it did with “The Making Of A Murder”. By over emphasizing the defense case, and ignoring the prosecution’s, it reads like propaganda.

  • This is neither fair nor balanced, nor is it original. It adds nothing to our knowledge, being a rehash of her book and numerous TV interviews, and already covered in Michael Winterbottom’s “The Face Of An Angel” in his fictionalized ‘the making of a movie within a movie’ adaptation of reporter Barbie Nadeau’s book. Oh, and producer Morse insulted HER too.

  • There were several prosecutors and numerous judges helped convict her, not just prosecutor Mignini. Nor was it an exercise in misogyny, the case was largely driven by five women: Judge Claudia Matteini, co-prosecutor Manuela Comodi, Scientific Police DNA lab technician Patrizia Stefanoni, homicide Inspector Monica Napoleoni, and Inspector Rita Ficarra.

  • This exercise in PR looks like an Amanda Knox Production, with her playing the lead role, director, producer and writer. Yet she fails to see how she comes across with her melodramatic styling and emotive pauses and outbursts. She is neither believable nor sympathetic, no matter how hard they all try.

  • Two stars out of ten for production values and slick cinematography, none for the film itself.

In the end, the picture belongs to Meredith Kercher, remembered by her family with a grieving Arline Kercher, her mother saying how she just could not understand how there could be two convictions and two acquittals; justice denied.

And a haunting video of Meredith, taken in the full bloom of her youthful promise by Amanda Knox. She didn’t want to be filmed, but as Knox admits in her book, she took the video anyway. (And included in her film).

Meredith Kercher, RIP.


Sunday, September 04, 2016

How Bob Woffinden And So Many Others Managed To Misstate The Case And Get Away With It

Posted by Peter Quennell



Meredith on a Skype chat session


Do you know this? Most people still dont. It explains a LOT including the numerous innocence frauds.

The attack on Meredith as summarised by Dr Mignini in the Machine’s must-read post below was reconstructed by Italy’s best crime-scene specialists, from Rome Headquarters, and it took an entire Saturday. Every mark in Meredith’s room and on her body were convincingly accounted for.

After the killers left and locked her in, Meredith was still alive, holding both sides of her neck to stop her life-blood leaking out. She might have lived for half an hour, in great pain, during which time an ambulance could easily have arrived and saved her.

But nobody called one. Her death was quite deliberate.

The Massei jury is said to have found all this evidence very powerful and left in NO doubt three had been involved (unanimous verdict) in what was a prolonged and exceptionally barbaric attack.

The Kercher family had asked Judge Massei in January 2009 for a closed trial as the autopsy part in particular would be key but also long and very graphic. Unfortunately it was settled that only the trial days covering the autopsy and the horrific attack would be closed.

This unique call by Judge Massei turned out to be a terrible one. It has caused immense damage to public understanding outside Italy, and to the legitimacy of the case ever since.

The public and the two later appeal juries never got to witness directly all this compelling evidence. In Italy, descriptions leaked out (not illegal) and so Italians following the case could get a good grasp - and the vast majority, perhaps all, were convinced (and still are) that the government team had got it right.

But the Hellmann and Nencini appeal juries and the Marasca/Bruno panel of the Supreme Court never got the full impact. And trial followers in the US and UK and so on had no idea (and even now only a very few have any idea) of what was presented behind those closed doors in 2009 and how it came across (several present were in tears during it) to the trial jury.

This terrible situation has allowed Knox and Sollecito and their teams and media supporters starting with Doug Preston, Candace Dempsey and Frank Sfarzo (a stage name, real name Sforza) and ending (for now) with Woffinden to lie incessantly for eight years about Guede as a lone wolf and about the numerous hard facts of the attack and the autopsy.

There would be NO effective PR and NO effective appeals and NO effective innocence fraud otherwise.

Our summaries of the sentencing reports by Judge Micheli for Guede and by Judge Massei for Sollecito & Knox are very good, but even they fall short here. The best way to get all this powerful evidence right is to read the full Micheli report (translated by Catnip) and full Massei report (translated by Skeptical Bystander and team). Both reports are on the case wiki.

“Missing” still from the public record because it was part of the closed trial was what is said to be a very compelling video construction of the attack. This video is also ridiculed and misrepresented by Sollecito and Knox and their teams and apologists - because they could get away with it.

Will the Netflix movie being unveiled in Toronto this week explain all or even any of this? Why do we doubt it?


Thursday, September 01, 2016

How Bob Woffinden, Aggrandizing Investigative Journalist, Attempts To Perpetrate Innocence Fraud

Posted by The Machine



Said to be Bob Woffinden - as a pop music reporter, some years ago

1. Woffinden and innocence fraud

These days innocence fraud is a very real thing.

A stern warning was issued to crime laboratory administrators that some post-conviction exonerations may have been secured by innocence activists using malicious tactics, or ‘innocence fraud’, creating potential public safety threats as convicted felons are released from prison.

In this post, I will analyse another example of innocence fraud, this time by British journalist Bob Woffinden on Meredith’s case. Woffinden has done this on other cases before.

He specialises in alleged miscarriages of justice, and has written articles for The Guardian, The Daily Mail and The New Statesman and authored a number a books about high-profile murder cases: Miscarriages of Justice; Hanratty: The Final Verdict and The Murder of Billy-Jo.

Woffinden’s default position when it comes to controversial murder cases seems to be to assume a miscarriage of justice, and to claim someone has been convicted of a crime they didn’t commit.

He’s claimed that James Hanratty, Jeremy Bamber, Barry George, Sion Jenkins and Jonathan King are all innocent. Reflexively anti-police, Woffinden as I described in the post linked to above on the James Hanratty case has a history of putting victims’ families through considerable pain.

2. Woffinden On Meredith’s case

Here he tries to prove that Rudy Guede is innocent of murder, and falsely claims he was convicted because he was black. He also tries to cast doubt on the hard fact that Meredith was sexually assaulted - or that the police got anything right.

Anyone who has read the official court documents and court testimonies with regard to the Meredith Kercher case will be able to assess Bob Woffinden’s professionalism and credibility and ethics as an investigative journalist article by reading his contorted take.

To those who really do know the case, it is immediately apparent that he’s pretty ignorant of the main facts, and that he hasn’t bothered to read the official court documents or the court testimonies available in English here.

He mindlessly repeats various endemic Friends of Amanda PR myths. For example, he erroneously claims the prosecutors concocted the scenario of a sex orgy gone wrong.

“The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault ““ and knowing there was absolutely no evidence to link Guede with Knox and Sollecito ““ they [the prosecutors] concocted the absurd scenario of a sex orgy gone wrong.”

Dr Mignini didn’t ever say anything about there being a sex orgy that went wrong when he presented his scenario to the court at the trial in 2009 and the numerous hearings (which Woffinden seems totally unaware of) in the 15 months before.

Instead he gave the court a detailed chronological account briefly summarized below of a vicious physical and sexual assault on Meredith, which culminated in her dying some time after the killers left and locked her in.

23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.

23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.

23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other, however, a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.

23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.

23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.

23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.

Why is Woffinden unable to substantiate his claim that the prosecutors concocted the scenario of a sex orgy gone wrong with a verbatim quote from Mignini or Comodi?

Because they never claimed this at all. A competent and ethical professional journalist should be able to support every claim they make.

Woffinden regurgitates another popular PR myth by claiming that Rudy Guede pleaded guilty late in 2008.

“Even as he [Rudy Guede] pleaded guilty, he vehemently asserted his innocence, saying, “˜I can’t talk about things I haven’t seen and that didn’t happen to me’.”

Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He has always denied killing Meredith. He opted for a fast-track trial in mid 2008 because he could escape a blatant attempt to frame him as sole perpetrator by the Knox and Sollecito defense.

It meant he would automatically received a third off his prison sentence but at the time he had no idea what that would look like.

Bob Woffinden gets yet another fact wrong when he claims the Hellmann appeal court sanctioned a full review of the scientific evidence.

“...the Italian court sanctioned a full review of the scientific evidence on which they had been convicted.”

It did nothing of the kind. Hellmann merely asked Carla Vechiotti and Stefano Conti to review two pieces of DNA evidence - the knife and bra clasp evidence.

They didn’t review the bloody footprint on the bathmat, the bare bloody footprints which had been revealed by Luminol, or the five samples of Knox’s DNA or the blood mixed with Meredith’s blood in three different locations in the cottage.

Yet another wrong “fact”. Bob Woffinden claims that a police officer flushed away Rudy Guede’s faeces and thus destroyed evidence.

“His recollection that he had leapt up from the toilet seat the instant he heard the scream was bizarrely corroborated by the fact that there were faeces still in the pan when the police arrived. Needless to say, one officer activated the toilet, thereby flushing away important evidence.”

Needless to say? In fact this claim is complete and utter nonsense. The faeces in the toilet wasn’t flushed away. It was carefully collected as evidence and tested. However, it didn’t yield any results.

“The faeces present in the toilet of that bathroom did not, however, yield any results, and Dr Stefanoni, the biologist of the Scientific Police, explained that the presence of numerous bacteria easily destroys what DNA might be found in faeces.” (The Massei report, page 43).

Why would Woffinden make these and other demonstrably untrue claims? It seems obvious that he wants to portray the Italian National Scientific Police (much respected by the FBI) as the Keystone Cops, in order to ridicule the forensic investigation, seemingly his purpose here.

Woffinden makes yet another false claim by stating that Guede made only one inconsistent statement.

“Guede’s solitary inconsistency was this. He did comment at the outset of the investigation that “˜Amanda doesn’t have anything to do with it’. But, at that stage, perhaps he couldn’t believe that she did have.”

Judge Micheli, who found Rudy Guede guilty of sexual assault and murder in October 2008, pointed out in his sentencing report of January 2009 that Guede’s accounts were unreliable and varied a lot.

“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.”

Bob Woffinden also seems to be pushing the wrong notion that Rudy Guede didn’t implicate Amanda Knox until much later - which is another FOA PR myth.

Guede first implicated Amanda Knox and Raffaele Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo Benedetti:

Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”

Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”

Bob Woffinden makes the erroneous and offensive claim that there’s no evidence that Meredith was sexually assaulted,

“In their investigation, prosecutors made a series of blunders. The first serious mistake was their assumption that Meredith was sexually assaulted. If one takes cognisance of Guede’s account, there is no evidence of this. The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault ““ and knowing there was absolutely no evidence to link Guede with Knox and Sollecito ““ they concocted the absurd scenario of a sex orgy gone wrong.”

Had Bob Woffinden actually bothered to read the key Massei trial report, he would have known that several medical experts - Dr Lalli, Professor Marchionni, Professor Bacci and Professor Gianaristide Norelli - testified that there were indications of sexual violence on Meredith.

Such conclusions were further explained [by Dr Lalli] at the hearing of April 3, 2009, in which it was highlighted that signs were present of sexual activity with characteristics of non cooperation by the young woman, which can be derived from the lesion pattern at the vulvo vaginal level (page 40 of transcripts).

[111] These signs were present in the purple ecchymotic type spots detected on the inner surface of the labia minora, the area where they are usually produced. It is the first point of contact for the sex organ or object including fingers penetrating the vagina and therefore the point at which an action ... performed without the full cooperation of both actors would produce purplish spots of this kind. (The Massei report, page 116).

He [Professor Marchionni] noted in this regard that, even without lubrication injuries of this nature are not the result of consensual sexual intercourse, and he argued that the cause of these lesions had originated from a “forcing” that could have been done by the penis or by hands (page 21, hearing on April 4, 2009). (The Massei report, page 117.)

With regard to sexual violence, he [Professor Bacci] referred to the inspection of the genital area conducted by Dr. Lalli at the morgue operating room. On the internal surface of the labia minora, attention was focused on areas of discolouration, which can be interpreted as small bruises, small abrasions associated with small haemorrhages indicative of “small lesions” (page 16, transcripts) consistent with a violent action of friction, pressure an typical of sexual violence and, while affirming the absence glaring signs of typical sexual violence (page 16, transcripts) he concluded compatibility with non-consensual sexual intercourse’ (page 16, hearing, hearing on April 18, 2009). (The Massei report, page 121.)

He [Gianaristide Norelli] further underlined the presence of a slight bilateral suffusion in the area of the iliac spines, i.e. in the areas corresponding to the anterior lateral part of the flank, which represent the end/terminal parts of the wings of the [pelvic] basin and the fact that “lesions in this area are fairly characteristic of seizure [grasping] and immobilisation”; [it is] an area which is “˜highly suggestive’ in the context of the investigation of sexual assault. (The Massei report, page 124).

It should be stressed that the the doctor who actually performed the autopsy - Dr Lalli - believed Meredith had been sexually assaulted.

“The prosecution focused on Lalli’s statements that he believed there had been non-consensual sex.” (Andrea Vogt, The Seattle Post-Intelligencer, 2 April 2009).

You need just an ounce of common sense to know that murder victims who were also raped or sexually assaulted didn’t consent. The Kerchers’ lawyer Dr Maresca made this very point:

“Sex that ends with someone dead is not consensual.”

Dr Maresca also highlighted the fact several medical experts said there were signs of sexual violence in court. Dr Maresca told the court that the expert witnesses

“sustained the prior results and valuations of the coroner who performed the autopsy and the forensic evidence specialists who already testified”. He added: “And for the first time today, we also heard that the bruises on the victim’s hips were consistent with a sexually violent approach.”

Unbelievably, Bob Woffinden regards Rudy Guede as a reliable and credible witness.

I’m surprised anyone would believe Guede’s ever-changing versions of events when they are so blatantly untrue. Guede gave two different accounts of arranging a date with Meredith and they’re both demonstrably false.

Meredith didn’t go to the Halloween party at the Spanish students’ house on 31 October 2007.

Guede then changed his story and claimed that he had met her at Domus, but Meredith was with her friends continuously and none of them saw her with him. None of Guede’s friends saw him with her either.

“He [Rudy Guede] stated that he met the girl on Oct. 31 in the house of some Spanish students and did not meet her later in the “Domus” pub, that the next day, shortly before going to the date with Meredith…

In the third interrogation, by the P.M. [public prosecutor] on March 26, 2008, he changed the place of his meeting with Kercher on Oct. 31 from the Spanish students’ house to the Domus pub” (Judge Giordano’s Supreme Court report, page 17).

“...and also because none of Meredith’s friends (Amy Frost, Robyn Butterworth and [10] Sophie Purton, with whom she had gone out on the evening of Halloween, Oct. 31, 2007) nor any of Guede’s friends (among others AC and PM) had ever seen them talk to each other.” (Judge Giordano’s sentencing report, page 10).

Meredith had NOT arranged a date with Guede at the cottage on Via della Pergola on 1 November 2007. She and Sophie Purton left their friends early that evening because they mistakenly believed they had lectures the next day.

“They [Meredith Kercher and Sophie Purton] were to meet on the morning of the second at around 10:00 am for a lecture at the university…:” (The Massei report, page 35).

“Meredith was tired from the day before when she had come home about five in the morning; the next day she supposed that she had a lesson at the University at 10 am and she needed to prepare for this and she had to also think about resting” (The Massei report, page 58).

Judge Massei explained at length in his report why Rudy Guede’s claims he had a date with Meredith were not credible.

“Speaking of Meredith, there has already been occasion to make mention of her personality (serious, not superficial, with a strong character), of her romantic situation [i.e. her love life] (she had not long beforehand begun a relationship with Giacomo Silenzi), of the plans she had for that evening (studying, preparing for the following day believing that there would be classes at the University, finishing a piece of homework, as her mother recalled during the hearing of 6 June 2009, and resting).

None of the people she frequented and in whom she confided (her relatives and her English girlfriends) testified that Meredith had made any mention to them at all of Rudy, for whom, therefore, she must not have felt any interest. 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” (The Massei report, pages 365-366).

In rejecting Guede’s final appeal Judge Giordano succinctly summarised the reasons why he was found guilty of sexual assault and murder in his Supreme Court report. It had nothing to do with the colour of his skin.

“The judgement rationale thus proceeds through rigorous logical steps, quite consistently, with no possibility of misinterpreting evidence, distorting significant data, or disruption of the overall probative reasoning. Meredith Kercher, before being slaughtered with the deadly blow at her throat, was the victim of a series of wounds, of forced restraining of her limbs, especially the left hand and arm - and on the cuff of the left sleeve of the sweatshirt she wore clear traces of DNA of the defendant are found ““ aimed at overcoming her resistance to sexual violence, of which the traces of DNA of Guede of the vaginal swabs are evidence, which then led to the violent behaviour of the deadly slaughtering.

The version of the accused is totally unrealistic because, even apart from the obvious omissions and contradictions detectable in his many statements, his previous acquaintance of Meredith, shaped in his story by a meeting on the night before the murder at the Domus pub, by a kiss between the two and by a date for the evening of the following day, is clearly disproved by a whole articulated testimonial structure, [19] coming from several people and indicating that: the two did not meet at the Domus (indicated by the testimonies of all the friends who were accompanying Meredith), even less did they converse, even briefly, at the Shamrock pub during the match between England and South Africa broadcasted the day before (indicated by the testimonies of AC, PM and F), and Kercher never confided anything, as would have been natural, to her friends about a date with Guede, not even on the afternoon of Nov. 1, as she had done in other occasions about details of her personal and love life (indicated by the testimonies of Robin Carmel Butterworth, Sophie Purton).

This is consistent with the portrait of Meredith’s character; she avoided sexual relations with other men apart from Giacomo Silenzi with whom she had begun a relationship that she absolutely did not mean to betray, as stated by her friends, especially not for unimportant adventures.” (Judge Giordano’s Supreme Court report, pages 17-18).

Some conclusions

Bob Woffinden has made a name for himself by publicly championing the causes of convicted killers and sex offenders. Mainstream media organisations such as The Guardian, The Daily Mail and The New Statesman have given him a certain degree of credibilty and respectabilty by publishing his articles. Many people will trust him and assume that he’s a reliable and trustworthy journalist.

However, their trust is misplaced. His lack of due diligence with regard to his article about Rudy Guede and the Meredith Kercher case is disturbing and unacceptable. He doesn’t get the basics of journalism right - which is astonishing for someone who has worked as a journalist for decades. He gets basic facts wrong and he has made numerous demonstrably false claims.

A professional journalist should be able to substantiate every claim they make. Bob Woffinden is unable to do this because he has relied on some of the numerous factually inaccurate articles and the massive defense and PR spin about the case instead of the official court documents and court testimonies.

It defies belief that he accepts Rudy Guede’s fairy tale version of events. You don’t expect such childlike naivety from an adult let alone an investigative journalist. He’s obviously blissfully ignorant of the fact that Guede gave contradictory and confllcting accounts.

It seems he has a deep-rooted psychological need to believe in innocence and police malfeasance, which completely clouds his judgement to the point where he blindly supports and campaigns on behalf of people who are blatantly guilty of sexual assault and murder like James Hanratty and Rudy Guede.

If there’s a more sloppy and self-serving journalist in the world, I haven’t come across them yet.


Tuesday, August 30, 2016

Florence Courts Resent Mangling Of RS/AK Appeal By Cassation Now Have Ominous Ways To Re-Visit

Posted by Peter Quennell



Highrise Florence courts are just visible at left background


The Marasca/Bruno verdict setting RS and AK free has taken some hard knocks within the Italian legal community.

It is not lost on anyone that Sollecito defense lawyer Bongiorno was given special favors, including being allowed to argue unchallenged before the Fifth Chambers for some hours beyond the legal limit.

Or that the Fifth Chambers should never ever have received the appeal.

Or that the drafter, Bruno, was suffering seriously ill health at the time, and delivered a report which is largely legal nonsense.

Here Machiavelli and Catnip and most exhaustively James Raper explained many of Marasca’s and Bruno’s absurdities.

But the Florence courts are not done yet. They are still processing cases involving Knox, Sollecito, Sfarzo (a stage name, real name Sforza) and Aviello. They still sit on this potential bombshell of a case against Sollecito lawyer Maori, which explains how the Fifth Chambers acted illegally.

Other cases are also possible, and two involving Knox are still continuing in Bergamo.

Now Rudy Guede’s team of lawyers in Rome and Viterbo prison have filed an appeal against his own conviction. It is filed with the courts in Florence.

The team notes that judgments against Guede up to and including the Supreme Court’s First Chambers concluded that he had acted against Meredith only in collusion with others and not in isolation.

This could reopen the Marasca/Bruno outcome which argued that he DID act alone or at least not with RS and AK though there is massive evidence to the contrary. That judgment while final in the normal course of things cannot stand under Italian law if illegalities were entered into.

With more and more documentation being read widely, the case against Knox and Sollecito acting in collusion with Guede is coming to look as strong as it did throughout their trial in 2009.

That is the quite possible Florence outcome.

It is one that Guede might accept fairly calmly, as his fury at Sollecito is quite palpable, and he wants nothing more than to nail his fellow attacker.


Wednesday, February 17, 2016

Sollecito v Italy & Guede: Damning Incriminations Guede’s Team Says RS Will Be Stuck With

Posted by The TJMK Main Posters



“Huh???” Sollecito in one of numerous interviews, usually falling short of convincing everyone

Post Overview

Guede’s team in Rome and Viterbo have a number of cards up their sleeves against Sollecito.

Sollecito and his father and legal team have apparently filed some damages lawsuit in Florence for compensation from the Republic of Italy.

His intention seems also to be to sue Rudy Guede, for defamation. In the RAI interview Guede did pretty solidly place him at the scene of the crime.

This post and later others will suggest what Sollecito could see thrown back at him. We’ve already pointed out that previous legal threats and court filings went nowhere. We may of course see that not happen here also.

This is a pre-emptive rebuttal published by the pro-bono team working for Rudy Guede at Viterbo Prison. (He also has a pro-bono legal team in Rome now.) They are responding to an attempt by Sollecito to put his case to bed in the weekly Oggi.

As with Guede’s interview this includes claims that are very self-serving. But it does also highlight the kinds of problems Sollecito faces.

It is kindly translated and submitted by Guermantes, one of our friends at PMF dot Net. Guermantes in part used Catnip’s new translation of the Micheli Report explaining Guede’s original verdict.

First Shot From Guede Team

February 5, 2016

The Centre for Criminological Studies of Viterbo responds - on behalf of Rudy Guede - to Sollecito’s assertions made in the Oggi article of January 26, 2016:

Raffaele Sollecito responds to Rudy Guede: “How many lies in the interview with Leosini”

Raffaele Sollecito “challenges” Rudy Guede on stories told by the Ivorian on TV

OGGI, analyzing word for word the interview with the Ivorian, imprisoned for the murder of Meredith Kercher, has identified at least eight omissions and blatant lies aired without being corrected. Among these, the appointment with the girl, the denial of having performed thefts, the use of hard drugs, the content of the judgment of the Supreme Court regarding the placement of Sollecito and Knox in the murder house.

The story of Rudy Guede still stands up though. Here is why “¦

Viterbo - Received and published ““ We learned of Raffaele Sollecito’s indignation, who, in an article published by a well-known weekly (Oggi, ed), complains about the inappropriateness of the broadcast of the ‘Cursed Stories’ program, in addition to the way it was recorded and run without contradiction[uncontested].

On this point, it is hardly necessary to recall that Raffaele Sollecito had been the guest on a large number of programs such as Porta a Porta, La vita in diretta, Domenica In, Piazza Italia (Rai programs, public television), Quarto Grado, Pomeriggio 5, Matrix (Mediaset), Otto e Mezzo (La7). All this - before, during and after the trials / verdicts that concerned him.

In the article just published, he notes, however, that comments and observations about current events should be offered before the verdicts and not after. Otherwise we would be “in the presence of a surreal fourth degree of judgment.”

We respect this opinion but we would also like to add that another school of thought argues that trials should be conducted in courtrooms and not on the pages of newspapers or in television studios. And Rudy Guede has waited eight years until the end of all sets of proceedings (including those relating to Raffaele Sollecito and Amanda Knox) before expressing his opinion.

Among other things, during a single television broadcast and not on the talk show circuit of national broadcasters. A choice, of Rudy, which should be respected. Because it is broadly related to the principles and values that characterize the Italian legal system.

Then, shifting the focus to the set-up of the program “without contradiction” [counter-arguments], it is necessary to point out at the outset that, in all those years of “Cursed Stories” programming, no one has ever complained about this mode. Moreover, Raffaele Sollecito himself was also the only guest “without contradiction.” Beginning with Porta a Porta of Bruno Vespa and ending with Otto e Mezzo of Lilly Gruber.

The [Oggi} article summarizes in eight points the alleged lies by Rudy quoting in some cases (not all) excerpts from transcripts or judgments about the case of Perugia. We try to respond to each of them, expressing the views of Rudy.

Point #1

Rudy had no appointment with Meredith? It may be! But speaking of appointments, the Court of first instance expressed itself by saying that “it is normal for twenty-somethings in a university town to meet up in the usual places without having to first set up a notary’s deed. “ [Par. 206.50] (page 93, Sentence of the First Degree Rudy Guede). This statement may also be taken into account even in the case of objection to Rudy’s words as having no value?

Still on point 1, credence is given to a few statements by Mr. Barrow, without saying, however, that the same had not only debunked at the hearing all his previous claims, but had also been in conflict with Rudy as regards girls. Moreover, the testimony of Mr. Barrow was interrupted by “the emergence of criminal behavior regarding monetary negotiations with a television news organization” (p.52). So much so that the witness was deemed unreliable.

Source: The Micheli Report

[194] Mr BARROW, already interviewed by the Public Prosecutor on the 11th of December 2007, which is to say a few days after Mr GEUDE’s return from Germany, had declared to knowing Mr GUEDE for some years, having often played basketball. On that occasion, though, he specified not moving in the same circles as him, due to RUDY being a habitual liar, drinking and using drugs, not to mention annoying the girls by molesting them in public and trying to kiss them.

[195] As for Ms KERCHER, who he described as shy and reserved, Mr BARROW had said he knew her from their shared visiting of the night clubs in the town centre, and in fact he had seen her on Halloween at the Domus, where ““ he says ““ RUDY definitely wasn’t; nor did it appear to him that the accused knew MEREDITH, and according to him it was not in fact true that he had spoken to her or had met her.

[196] In court, Mr BARROW restructured his grounds, saying for example that Mr GUEDE used to drink but a bit like how all the other young men were doing it, even if he had often seen him drunk; he instead denied being certain about any drug use on the part of RUDY, about whom he had mentioned it only for having heard gossip.

And also as regards the molestations, he corrected the gist of what he’d said in remembering only once when the detainee had struck up a conversation with a girl, without knowing that she was actually Mr BARROW’s girlfriend, and a squabble arose: on other occasions, he had seen him pull a girl towards himself while they were talking, although describing it as a gesture common to many others of the same age.

[197] On RUDY’s lies, the witness limited himself to saying that one time Mr GUEDE had been accused of having robbed something in a discotheque from a girl’s purse [translator’s note: handbag in BrE], the accused had immediately denied it, but then it had come out on the grapevine that it certainly had been him; on the presumed certainty that Mr GUEDE had not been at the “Domus” on the evening of the 31st of October, finally saying (and in effect he could not have said otherwise, ab initio) that he had not seen him, without being able to rule out that he really was there.

[198] The testimony, which in practice had not led to anything of significance being acquired, was then interrupted by the emergence of the outlines of an offence by Mr BARROW, concerning negotiations of a monetary nature with a leading television journalist, in whose regard he had presented a claim of trespass (when in reality he had invited those reporters in asking them for money for an interview), and it turned out he had then put forth a further request for money to settle things back to normal.

Point # 2

Rudy is a serial thief? The article in question contains two sentences that actually relate to the same incident five days before the tragedy, namely his entering an asylum in Milan. A reprehensible episode. So much so that Rudy has earned a related conviction for it (i.e. for possession of stolen goods.). However, beyond this, there is not a single record of another conviction, nor the presence of a complaint concerning other items mentioned in the article. Not only that, but the same Sentence of First Instance refers on page 101 to the absence of a “previous criminal record”, Rudy not having been tried yet for the Milan incident.

[Par. 44]””¦on 27 October 2007 (ergo, just five days before the murder) he had been identified in the Milan jurisdiction and had been charged without arrest [a piede libero] for theft, receipt of stolen goods, holding and carrying arms.

Point # 3

Rudy had left genetic traces in Meredith’s purse? In the trial papers we have not read even one time that Rudy’s genetic material was found inside her purse; if anything, only on the outside. And the difference is not trivial. In fact, finding his trace on the outside of the purse would allow to assume / hypothesize a simple movement of the object in question, while claim to have isolated Rudy’s DNA inside it would mean that the boy might have really went through it, the latter circumstance, which did not result in any conviction, was not confirmed because not supported by any element.

It is therefore in itself horrible and defamatory, the expression used in the [Oggi] article: “While Meredith was bleeding to death” Rudy “rummaged” [in her purse,] Also cell phones and anything else missing from Meredith’s bag were found elsewhere, without any fingerprints or traces of Rudy.

As far as first aid provided by Rudy to Meredith, his efforts were described even by judges who ““ still on p.101 of the Sentence of First Instance ““ conclude: “not being able to explain otherwise the presence near the body of three towels.”

Point # 4

flight into disco. As unspeakable as this behavior is, it is hardly necessary to mention that as regards Raffaele Sollecito and Amanda Knox, the Court of Appeal judges commented that there were “numerous and varied ways of how human beings react,  faced with tragic situations” (taken from the Supreme Court with reference on page 17). Why should the same not apply to Rudy?

Point # 5

Rudy is a liar and he used cocaine? It is true that during the indictments are read expressions like the ones shown in quotation marks in the [Oggi] article, but in many circumstances the same assertions are revisited and subsequently confirmed by the judgments. Moreover, even as regards Raffaele Sollecito and Amanda Knox, it states that “the two have given versions not supported by objective evidence and not credible”.

Among other things, it is certainly not the case of measuring the credibility of all the defendants relying on the seriousness of the lies told; otherwise it would be appropriate to recall that Amanda Knox put at the scene of the crime an innocent, namely Lumumba, who only through an iron-clad alibi managed to get out of it.

[Par. 260.77] “It must finally be taken into account, still on the level of serious indicia of guilt and however arguing a contrario, that the two accused have given implausible versions [of alibis] or not substantiated by objective corroboration.

[Par. 260.78] “The circumstance of the missing memory or of the state of confusion, perhaps invoked with (convenient) reference to suggestive pressures on the one hand, or cloudiness of mind through use of stupefactants on the other hand, does not have concrete merit.

Point # 6

On this point Rudy says nothing special, so we do not understand just where the challenge is to what he said during the TV program.

Point # 7

The presence of Amanda and Raffaele at the crime scene. It turns out that during transmission Rudy have never claimed to have recognized the person he encountered that evening in via della Pergola. So we don’t understand the complaints about the alleged presence in that house.

It should be noted that in the Supreme Court ruling that absolves Sollecito and Knox is stated (p. 44) that “the hypothesized presence of the current appellants cannot in itself be considered as a demonstrative element of guilt.”

Why cannot the same reflection be taken into account for Rudy? Because the latter would leave traces “everywhere”? Rudy was there and admitted to having been there.

It should however be pointed out that this alleged abundance of traces must be scaled down seeing that on page 97 of the Sentence of First Instance it states that “the quantity of biological material referable to the accused could have been categorized, in effect, as minimal” [Par. 201], “ultimately nothing suggests that there was Rudy’s biological material in great abundance.”

[Par. 201] “”¦ with the conclusion that the biological material of Ms KERCHER was abundant, and Mr GUEDE’s, in proportion, was quite small.”

[Par. 9.3 on p.41 of the English translation (“pre-final”) of the Bruno/Marasca Report]:  ”“¦the supposed presence in the house of the current appellants cannot, in itself be considered as a demonstrative element of guilt.”

Point # 8

In the last point it is reported that the substantial reasons for the denial of permission to obtain benefits requested by Rudy is to be attributed to the “lack of critical review of what has happened. He has not showed any remorse or repentance”.

First, if you intend to bring back quotation marks, it would be appropriate to bring it [the quote] back as it was actually written. And that is: ”“¦found that the applicant has committed serious crimes in respect of which he does not recognize his responsibilities.”

Why would he recognize [his responsibilities] if he claims to be innocent to the point of wanting to request a review of the process? Is it not his right? Or the rights that characterize the Italian legal system do not apply to Rudy?

If he really is a liar, he takes the consequences and responsibilities. But ultimately, in this dramatic story, it seems that it is widely assumed. Maybe - and we stress, maybe - far beyond his faults.


Thursday, February 04, 2016

Subtitled In English, Videos Of All Of The RAI Rudy Guede Interview Start Here

Posted by Eric Paroissien

The scene-changing Rudy Guede interview on the government owned Italian network RAI, with subtitles throughout.

Please tell us of technical problems? At the end of each video there SHOULD be a link to the next.

If they dont show up, here are all the direct links.  One and Two and Three and Four and Five and Six and Seven and Eight and Nine and Ten and Eleven. That’s it.


Wednesday, January 27, 2016

Why Guede’s Ex-Lawyers Really Bailed On Him? The Italian Perception

Posted by Peter Quennell





Way too much is being made of this in the US in a wrong way.

Biscotti and Gentile of Perugia are not Italy’s winningest team. They have had precisely two cases of national significance in Italy. And both of their clients are serving long terms in prison.

  • Rudy Guede is serving 16 years in Viterbo Prison awarded by the Perugia court and confirmed by Cassation and another three years awarded by the Milan court for stolen property.

  • Salvatore Parolisi (seen above with the lawyers) was sentenced to 20 years for killing his wife Melania Rea with 35 stab wounds, and is appealing for a sentence reduction (really).

We posted a lot on Melania’s case starting even before it was clear that her soldier-husband killed her, in a very elaborate premeditated staging so he could continue life with his girlfriend.

Salvatore and Melania had a little daughter. Melania’s parents not only washed their hands of him after initially defending him, believing his tale that he was innocent.

They ran a blowtorch of a media campaign against him, the sort of thing Knox & Sollecito escaped, and for a while there he was the most hated man in Italy.

To their considerable credit, Biscotti and Gentile do accept to try to defend these low-income clients. But their fees cannot be remotely like those of the Sollecito and Knox teams.

And they do need to win some cases, and to attract more cases, and it is hard to see how they can help Guede to win anything at all in the law courts.

In fact, they never have won anything, ever, for Guede.

He chose the short-form trial in Perugia and the sentence was eventually set by Judge Massei at 16 years under the formula. The three years he was awarded in Milan was to code also.

Ten to one against this, but if the Sollecitos DO sue Rudy Guede as they are threatening for fingering RS as one of Meredith’s killers he is likely to spill the beans entirely.

That wont require any lawyers.


Tuesday, January 26, 2016

Is Francesco Sollecito Forced Into Legal Aggression He Didnt Want & Which Could Rebound?

Posted by Peter Quennell




Legal Development

Francesco Sollecito is being reported as denouncing Guede and initiating actions against him - and the Republic of Italy.

What must have looked to him nicely wound up by the Fifth Chambers at the end of March last year does seem to have a pesky tendency to become unwound.

It was unwound a bit by the continuance of Sollecito’s book trial in which RS lawyer Bongiorno refused to become involved. It was unwound a bit by the charges Dr Mignini requested against the RS lawyer Maori mid-year. It was unwound a bit by the Fifth Chambers with the poisoned sting at the end of its Report.

That Motavazione as phrased could open the way to a wrongful death suit against Sollecito (and Knox) or a petition to the President. A “guilty” verdict on the numerous false claims in Sollecito’s book could open the way to civil suits.

The petition was filed today at the Court of Appeal of Florence by their lawyers Giulia Bongiorno and Luca Maori. The lawyers decided to turn to the last trial court that dealt with the process. In particular, they demanded compensation of 516,000 Euros for the detention to which Sollecito was submitted from 6 November 2007 to 4 October 2011.

The computer engineer from Puglia has always proclaimed he was not involved in the murder and was finally acquitted along with Amanda Knox.  “I can not spend my life defending myself from something I have not done ...”: Raffaele Sollecito commented on the interview… 

He was followed by his father Francesco in transmitting a statement from their home in Puglia. “Raffaele is shocked and outraged,” said Francesco Sollecito. “I am also deeply outraged. I did not even sleep last night.” The father of Raffaele - finally acquitted for a murder he always proclaimed he was outside of - criticized in particular “Guede’s attitude towards the brutally murdered girl. Guede is refuted by the procedural documents, many of which are omitted in the interview. It was denied, among other things, by Raffaele’s friends that there was a random meeting with Meredith Kercher.”

“Guede still has to explain why he was in that house and why he went to the disco after finding the body. Let us remember, Francesco Sollecito empahsized again, that he is a person definitively convicted of murder. “

No mention at all of Knox? She was the one Guede really nailed, though Raffaele was pretty firmly placed at the crime scene too.

Last year, a bombastic Raffaele Sollecito had threatened to file a suit against Italy, but his father and lawyers had wound him back. Presumably because way, way, way too much could come out. “Take care about what you wish for.” “Let sleeping dogs lie.” “Discretion is the better part of valor.” Take your choice.

But such a suit is normal and expected. It would look suspicious if it was never filed. Now the Florence prosecution may get the chance to make the case in full the Fifth Chambers never heard.

Storms In The Past

Francesco Sollecito and Raffaele Sollecito and Vanessa Sollecito are all notorious for loosing their cool.

Francesco lost it here toward Raffaele, and especially here. Vanessa lost it here and again here. Everybody lost it toward Amanda Knox. Sollecito’s own book describes that rage.

And take a look. Despite supposed “honor bound” there are dozens of examples there.

Francesco Sollecito lost it after the Hellmann acquittal when Raffaele said he and Knox were still a thing, and again when RS took off to Seattle after Knox. He lost it again when a false felony claim in Sollecito’s book was unveiled on national TV.

Bongiorno also often seems in a rage. Hmmm. A group of people in a rage, and then things go too far. Where have we heard that before?


Wednesday, January 20, 2016

Sollecito Lawyers Threaten To Sue If Guede Tells Any Lies; Dont Hold Your Breath…

Posted by Peter Quennell

Bongiorno goes overboard at end of Nencini appeal; Italy laughs


Way to ensure high ratings? Now Bongiorno threatens to sue RAI if the interview propagates any “lies”.

Sources here and here. Good luck! If she DOES sue (dont put any money on that regardless of what Guede says) the Fifth Chambers report will not be her friend and she surely knows.

She hasnt commented publicly on that report though Sollecito has been very sulky of late. She still talks as if the March verdict is the only one that stands.

At other times there have been such threats to sue. None ever happened there. Examples:

  • Bongiorno didnt sue Aviello for saying she had been offering bribes to his cellmates in exchange for their testimony to help RS despite a threat.

  • Bongiorno didnt sue Lifetime TV as threatened for the movie about Knox - the RS character barely appears, maybe that was her beef - despite a threat.

    And Mignini’s case against Maori will really put Bongiorno and Maori in a bind, if Guede doesnt do damage enough.


    Monday, January 18, 2016

    Reports That On Italian TV Thursday Guede Will Claim Knox & Sollecito Initiated Attack, Caused Death

    Posted by Peter Quennell





    It seems the serial defamer Amanda Knox wins no love at all in Italy. As we posted 10 days ago:

    A majority of Italians still believe that Amanda Knox led a cruel pack attack on Meredith and (to Guede’s and Sollecito’s seeming considerable shock) landed the fatal stab in Meredith’s neck.  They watched Knox on the stand for two days, in fact doing herself great harm.

    Italian media are sure looking forward to Guede dropping her in it on national TV later this week. There are half a dozen reports.  This summary in English by Liz Houle just went online.

    It is being reported on January 18, 2016 that Rudy Guede says that he is innocent of the murder of Meredith Kercher. In a clear and concise manner, Guede states that there is no evidence of his DNA on the murder weapon or in the simulated break-in room. He goes on to say that he knew both Meredith Kercher and Amanda Knox but was more familiar with Knox. “It was not me, but I’m the only condemned” maintains Guede.

    Rudy Guede sat down in an interview on Italian television show Cursed Stories (Storie Maledette) and gave his unvarnished view of what happened. “It was not me. . . . ” pointing the finger back onto Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher.

    In precise and coherent language Guede describes exactly what happened the night Meredith Kercher was tortured and left bleeding to death on that cold November night. Guede explains “. . .when I was found in the house of the crime I fled because I was afraid. No one would believe me. I thought: Negro found guilty found. The subsequent investigations, conducted “‹”‹badly, have shown that I was right.”

    There’s also this. Actually CNN has blown hot and cold, with Paul Callan and Chris Cuomo and Erin Burnett and Nancy Grace all coming out anti-Knox.


    Thursday, December 10, 2015

    Traitor? How Sollecito Extensively Smeared Italy In English But Of Course Not Italian

    Posted by The TJMK Main Posters




    1. Overview Of “Sollecito As Traitor” Series

    By way for example of his new Italian book, Sollecito is trying hard to make himself liked in Italy.

    An uphill task at best. Most Italians, who could follow the case a lot closer than most people outside Italy, know about all of this.

      (1) At his central-police-station interview 5-6 November 2007 and his first Matteini hearing two days later he dumped very heavily on Knox.

      (2) Throughout trial he gave Knox no help with her current alibi (that she was at his place all night) and again and again pulled out the rug from under her.

      (3) After the Hellmann outcome late 2011 Sollecito took off like a rabbit for the US (with his family soon in hot pursuit) and after Knox stiffed him tried very hard to get someone - anyone - to marry him so he could stay.

      (4) Before the Nencini verdict came out in early 2014, a panicked Sollecito took off to the north in a car and got cold feet (or was warned to stop) at the Austrian border and ignominiously came back.

      (5) Before the Fifth Chambers verdict came out in early 2015 a panicked Sollecito took off for Bari rather than remaining at the Supreme Court to find out what the verdict would be.

      What Italians mostly dont know is this. In late 2013 Sollecito’s first book - only in English - came out, and he was soon all over American TV once again sticking it to Knox.

      In the book his self-serving strategy was threefold: (1) Despite the title, point hard to Knox; (2) Point harder to Dr Mignini and the supposedly bungling, mean police; and (3) Point hardest to the official mechanisms, by lying on a grand scale, to make them out to be brutal and highly archaic at best.

      This series will lay out how Sollecito, lying and lying from what he thought would be a safe distance across the Atlantic, tried hard to make Italy look bad in the eyes of the world.

      A lot of posters contributed to the analysis of Sollecito’s 2012 English-language book on which much of the series will be based. Thanks especially to Sara, Kermit, Cardiol MD, and James Raper, who did the most work. 

      1. Sollecito’s First 20 False Claims

      We first posted a version of this analysis in May 2014. These twenty examples of felony claims all appear in the book’s preface which is only seven pages.

      Such claims continue throughout the book at approximately the same rate and they will be examined in future posts. 

      1. That Italian justice authorities took the easy way out

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

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

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

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

      2. That the preventive custody was very harsh

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

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

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

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

      3. That the prosecution and Italian media demonized the pair

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

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

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

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

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

      “We” meaning the defense lawyers did very little in the annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course maybe shopping for an inexperienced and pliable business judge, and for DNA consultants who they could then spoon-feed. Much of the hard evidence they simply kept well away from in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.

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

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

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

      An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets. What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially funny or pretty or bright?  That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?

      Read this post by the Italian-American Nicki in Milan. To quote from it “As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public….. Amanda Knox is not on trial because she is American and therefore too “emancipated”....Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence.”

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

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

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

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

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

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

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

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

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

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

      And how many burglars break into an occupied home between 8:00pm and 9:00pm at night? Approximately none. So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

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

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

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

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

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

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

      This is laughable. It has in fact been demonstrated in numerous ways that the attack involved multiple assailants and this was accepted by the Supreme Court.

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

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

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

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

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

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

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

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

      Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was falsified.

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

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

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

      Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.

      Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.

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

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

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

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

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

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

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

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

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

      17. That the Italian judiciary has vast, unfettered powers

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       


      Wednesday, September 23, 2015

      Supreme Court Confirms All Three Were There And Lied, RS & AK Apologists Desperate To Downplay That

      Posted by Machiavelli




      1. Shocking Sentencing Report

      Despite the public relations campaign this was by any standards a very strong case.

      In contrast the language, logic and law of the Marasca/Bruno Report are about as weak as Rome lawyers have seen. The Fifth Chambers normally handles only appeals of verdicts for fraud, defamation, and other mundane non-violent personal and family injuries and they are forbidden from judging evidence. Their reports are almost invariably 1-3 pages long.

      No finding by any experienced murder judge ever stretches logic and law and evidence as much as this. This grim situation for RS and AK still remains. 

        (1) The report very firmly places all three at the scene of the crime with extensive language on a long list of proofs; but though bizarrely it separates two from the crime itself.

        (2) The final verdict is not “assoluzione” meaning acquittal or innocence but simply “proscioglimento” meaning the dropping of charges (not usually used in a court context, see the note in the final paragraphs of translation) which can be subject to appeal.

        (3) The report does nothing to help Knox and Sollecito to get beyond their calunnia, villiipendio and diffamazione trials. It makes a win against either or both Knox and Sollecito in a wrongful-death suit more or less an assured thing. And it pre-emptively dismisses the frivolous appeal by Amanda Knox to ECHR Strasbourg.

      If the appeal by Knox and Sollecito against the Nencini court findings and guilty sentences had been handled without chicanery, it is the First Chambers which deals with murder cases and which annulled most of the Hellmann appeal outcome in 2013 which would have got this appeal. Almost certainly those judges would have simply rejected the appeal, and sent Knox and Sollecito right back to jail.

      The report makes lawyers question why Knox and Sollecito were not at minimum found guilty of being accessories to murder after the fact. Even the defense teams seem to have realised the risks in the shaky judgement

      2. Passages Finding Knox And Sollecito Were There

      In chapters 4, 9 and 10 the Marasca/Bruno report makes very clear that Knox and Sollecito were both at the house on the night. They find that the proof of that stands up. Highlighted in the translation below are passages amount to the firm conclusion that Knox definitely was there, with blood on her hands, and Sollecito logically also.

      From Chapter 4

      4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(”¦) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.

      Well, so the “fact” that was ascertained within that verdict, indisputably, is Guede’s participation in the murder “concurring with other people, who remain unknown”. The invoking of the procedural norms indicated means that the usability of such fact-finding is subordinate to [depends on] the double conditions [possibility] to reconcile such fact within the scope of the “object of proof” which is relevant to the current judgement, and on the existence of further pieces of evidence to confirm its reliability.

      Such double verification, in the current case, has an abundantly positive outcome. In fact it is manifestly evident that such fact, which was ascertained elsewhere [aliunde], relates to the object of cognition of the current judgement. The [court’s] assessment of it, in accord with other trial findings which are valuable to confirm its reliability, is equally correct. We refer to the multiple elements, linked to the overall reconstruction of events, which rule out that Guede could have acted alone.

      Firstly, testifying in this direction are the two main wounds (actually three) observed on the victim’s neck, on each side, with a diversified path and features, attributable most likely (even if the data is contested by the defense) to two different cutting weapons. And also, the lack of signs of resistance by the young woman, since no traces of the assailant were found under her nails, and there is no evidence elsewhere [aliunde] of any desperate attempt to oppose the aggressor; the bruises on her upper limbs and those on mandibular area and lips (likely the result of forcible hand action of constraint meant to keep the victim’s mouth shut) found during the cadaver examination, and above all, the appalling modalities of the murder, which were not adequately pointed out in the appealed ruling.

      And in fact, the same ruling (p. 323 and 325) reports of abundant blood spatters found on the right door of the wardrobe located inside Kercher’s room, about 50 cm above the floor. Such occurrence, given the location and direction of the drops, could probably lead to the conclusion that the young woman had her throat literally “slashed” likely as she was kneeling, while her head was being forcibly held [hold] tilted towards the floor, at a close distance from the wardrobe, when she was hit by multiple stab wounds at her neck, one of which ““ the one inflicted on the left side of her neck ““ caused her death, due to asphyxia following [to] the massive bleeding, which also filled the breathing ways preventing breathing activity, a situation aggravated by the rupture of the hyoid bone ““ this also linkable to the blade action ““ with consequent dyspnoea” (p. 48).

      Such a mechanical action is hardly attributable to the conduct of one person alone.

      [Ed note: Firm settling on motive is not required in Italian law.] On the other hand such factual finding, when adequately valued, could have been not devoid of meaning as for researching the motive, given that [27] the extreme violence of the criminal action could have been seen ““ because of its abnormal disproportion ““ not compatible with any of the explanations given in the verdict, such as mere simple grudges with Ms. Knox (also denied by testimonies presented, [even] by the victim’s mother);  with sexual urges of any of the participants, or maybe even with the theory of a sex game gone wrong, of which, by the way, no mark was found on the victim’s body, besides the violation of her sexuality by a hand action of Mr. Guede, because of the DNA that could be linked to him found inside the vagina of Ms. Kercher, the consent of whom, however, during a preliminary phase of physical approach possibly consensual at the beginning, could not be ruled out. 

      Such finding is even less compatible with the theory of the intrusion of an unknown thief inside the house, if we consider that, within the course of ordinary events, while it is possible that a thief is taken by an uncontrollable sexual urge leading him to assail a young woman when he sees her,  it’s rather unlikely that after a physical and sexual aggression he would also commit a gratuitous murder, especially not with the fierce brutality of this case, rather than running away quickly instead. Unless, obviously, we think about the disturbed personality of a serial killer, but there is no trace of that in the trial findings, since there are no records that any other killings of young women with the same modus operandi were committed in Perugia at that time.

      From Chapter 9

      9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

      About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.

      We make reference in particular to those declarations that the current appellant [Knox] produced on 11. 6. 2007 (p.96) inside the State Police headquarters. On the other hand, in the slanderous declarations against Lumumba, which earned her a conviction, the status of which is now protected as final judgement [giudicato], [they] had themselves exactly that premise in the narrative, that is: the presence of the young American woman inside the house in via della Pergola, a circumstance which nobody at that time ““ except obviously the other people present inside the house ““ could have known (quote p. 96).

      According to the slanderous statements of Ms. Knox, she had returned home in the company of Lumumba, who she had met by chance in Piazza Grimana, and when Ms. Kercher arrived in the house, Knox’s companion directed sexual attentions toward the young English woman, then he went together with her in her room, from which the harrowing scream came. So, it was Lumumba who killed Meredith and she could affirm this since she was on the scene of crime herself, albeit in another room.

      Another element against her is the mixed DNA traces, her and the victim’s one, in the “small bathroom”, an eloquent proof that anyway she had come into contact with the blood of the latter, which she tried to wash away from herself (it was, it seems, diluted blood, while the biological traces belonging to her would be the consequence of epithelial rubbing).

      (Ed: This next passages on hypotheticals shows how ignorant of murder jurisprudence Marasca & Bruno were, they had never handled a murder case before.]  The fact is very suspicious, but it’s not decisive, besides the known considerations about the sure nature and attribution of the traces in question. 

      Nonetheless, even if we deem the attribution certain, the trial element would not be unequivocal, since it may show also a posthumous touching of that blood, during the probable attempt of removing the most visible traces of what had happened, maybe to help cover up for someone or to steer away suspicion from herself, but not contributing to full certainty about her direct involvement in the murderous action. Any further and more pertaining interpretation in fact would be anyway resisted by the circumstance ““ this is decisive indeed ““ that no trace linkable to her was found on the scene of crime or on the victim’s body, so it follows ““ if we concede everything ““ that her contact with the victim’s blood happened in a subsequent moment and in another room of the house.

      Another element against her is certainly constituted by the false accusations [calunnia] against Mr. Lumumba, afore-mentioned above.

      It is not understandable, in fact, what reason could have driven the young woman to produce such serious accusations. The theory that she did so in order to escape psychological pressure from detectives seems extremely fragile, given that the woman [47] could not fail to realize that such accusations directed against her boss would turn out to be false very soon, given that, as she knew very well, Mr. Lumumba had no relationship with Ms. Kercher nor with the Via della Pergola house. Furthermore, the ability to present an ironclad alibi would have allowed Lumumba to obtain release and subsequently the dropping of charges.

      However, the said calunnia is another circumstantial element against the current appellant, insofar as it can be considered a strategy in order to cover up for Mr. Guede, whom she had an interest to protect because of fear of retaliatory accusations against her. This is confirmed by the fact that Mr. Lumumba, like Mr. Guede, is a man of colour, hence the indication of the first one would be safe in the event that the latter could have been seen by someone while entering or exiting the apartment. 

      And moreover, the staging of a theft in Romanelli’s room, which she is accused of,  is also a relevant point within an incriminating picture, considering the elements of strong suspicion (location of glass shards ““ apparently resulting from the breaking of a glass window pane caused by the throwing of a rock from the outside ““ on top of, but also under clothes and furniture), a staging, which can be linked to someone who ““ as an author of the murder and a flatmate [titolare] with a formal [“qualified”] connection to the dwelling ““ had an interest to steer suspicion away from himself/herself, while a third murderer in contrast would be motivated by a very different urge after the killing, that is to leave the apartment as quickly as possible.

      But also this element is substantially ambiguous, especially if we consider the fact that when the postal police arrived ““ they arrived in Via della Pergola for another reason: to search for Ms. Romanelli, the owner of the telephone SIM card found inside one of the phones retrieved in via Sperandio ““ the current appellants themselves, Sollecito specifically, were the ones who pointed out the anomalous situation to the officers, as nothing appeared to be stolen from Ms. Romanelli’s room. 

      Elements of strong suspicion are also in the inconsistencies and lies which the suspect woman committed over the statements she released on various occasions, especially in the places where her narrative was contradicted by the telephone records showing different incoming SMS messages; by the testimonies of Antonio Curatolo about the presence of [the same] Amanda Knox in piazza Grimana in the company of Sollecito, and of Mario Quintavalle about her presence inside the supermarket the morning of the day after the murder, maybe to buy detergents.

      Despite this, the features of intrinsic inconsistency and poor reliability of the witnesses, which were objected to many times during the trial, do not allow to attribute unconditional trust to their versions, in order to prove with reassuring certainty the failure, and so the falsehood, of the alibi presented by the suspect woman, who claimed to have been at her boyfriend’s home since the late afternoon of November 1st until the morning of the following day. Mr. Curatolo (an enigmatic character: a clochard, drug addicted and dealer) [48] besides the fact that his declarations were late and the fact that he was not foreign to judiciary showing-off in judicial cases with a strong media impact, he was also contradicted about his reference to young people waiting for public buses to leave in the direction of disco clubs in the area, since it was asserted that the night of the murder the bus service was not operational; and also the reference to masks and jokes, which he says he witnessed that evening, would lead to believe that it was on Halloween night, on October 31., and not on Nov. 1. instead.

      The latter point apparently balances ““ still within a context of uncertainty and ambiguousness ““ the witness’ reference to (regarding the context where he reportedly noticed the two suspects together) the day before the one when he noticed (at an afternoon hour) an unusual movement of Police and Carabinieri, and in particular people wearing white suites and head covers (as if they were extra-terrestrials) entering the house in Via della Pergola (obviously on November 2., after the discovery of the body).

      Mr. Quintavalle ““ apart from the lateness of his statements, initially reticent and generic ““ did not offer any contribute of certainty, not even about the goods bought by the young woman noticed on the morning subsequent to the murder, when he opened his store, while his recognizing Knox in the courtroom is not relevant, since her image had appeared on all newspapers and tv news.

      Regarding the biological traces, signed with letters A and I (the latter analysed by the RIS) sampled from the knife seized in Sollecito’s house and yielding Knox’s genetic profile, they constitute a neutral element, given that the same suspect lived together with Mr. Sollecito in the same home in via Garibaldi, although she alternated with the via della Pergola home, and ““ as for what was said ““ the same instrument did not have blood traces from Ms. Kercher, a negative circumstance that contrasted the accusation hypotheses that it was the murder weapon.

      On that point, it must be pointed out that ““ again following a disputable strategic choice by the scientific police genetic experts ““ it was decided that the investigation aimed at identifying the genetic profile should be privileged, rather than finding its biological nature, given that the quantity of the samples did not allow a double test: the quality test would in fact would have “used up” the sample or made it unusable for further tests. A very disputable option, since the detecting of blood traces, referable to Ms. Kercher, would have provided the trial with a datum of a formidable probative relevance, incontrovertibly certifying the use of the weapon for the committing of the crime.

      The verified presence of the same weapon inside Sollecito’s house, where Ms. Knox was living together with him, would have allowed then any possible deduction in this respect. Instead, the verified identification of the traces with genetic profiles of Ms. Knox resolves itself in a not unequivocal and rather indifferent datum, given that the young American woman was living together with Mr. Sollecito, sharing time between his dwelling and [49] the Via della Pergola one. Not only that, but even if it was possible to attribute with certainty trace B to the genetic profile of Ms. Kercher, the trial datum would have been not decisive (since it’s not a blood trace), given the promiscuity or commonality of inter-personal relations typical of out-of-town students, which make it plausible that a kitchen knife or any other tool could be transported from one house to the other and thus, the seized knife could have been brought by Ms. Knox in Via della Pergola for domestic use, in occasion of convivial meetings or other events, and therefore be used by Ms. Kercher.

      What is certain is, that on the knife no blood traces were found, a lack which cannot be referred to an accurate cleaning. As was accurately pointed out by the defence attorneys, the knife had traces of starch, a sign of ordinary home use and of a washing anything but accurate. Not only, but starch is, notoriously, a substance with remarkable absorbing property, thus it is very likely that in the event of a stabbing, blood elements would be retained by it.

      It is completely implausible the accusative assumption on the point, that the young woman would be used to carrying the bulky item with her for a self-defence purpose, using ““ it is said ““ the large bag she had for that purpose.  It wouldn’t be actually understandable why the woman, if warned by her boyfriend to pay attention during her night time movements, was not in possession of one of the small pocket knives surely owned by Sollecito, who apparently had the hobby of that kind of weapon and was a collector of a number of them.

      Finally, the matching with the current appellant woman of the footprints found in the place location of the murder is far from being certain.             

      9.4.2 Also the evidential picture about Mr. Sollecito, emerging from the impugned verdict, appears marked by intrinsic and irreducible contradictions. His presence on the murder scene, and specifically inside the room where the murder was committed, is linked to only the biological trace found on the bra fastener hook (item 165/b), the attribution of which, however, cannot have any certainty, since such trace is insusceptible of a second amplification, given its scarce amount, for that it is ““ as we said ““ an element lacking of circumstantial evidentiary value.

      There remains anyway the strong suspicion that he was actually in the Via della Pergola house the night of the murder, in a moment that, however, it was impossible to determine. On the other hand, since the presence of Ms. Knox inside the house is sure, it is hardly credible that he was not with her. 

      And even following one of the versions released by the woman, that is the one in accord to which, returning home in the morning of November 2. after a night spent at her boyfriend’s place, she reports of having immediately noticed that something strange had happened (open door, blood traces everywhere); or even the other one, that she reports in her memorial, in accord to which she was present in the house at the time of the murder, but in a different room, not the one in which the violent aggression on Ms. Kercher was being committed, it is very strange that she did not call her boyfriend, since there is no record about a phone call from her, based on the phone records within the file. Even more if we consider that having being in Italy for a short time, she would be presumably uninformed about what to do in such emergency cases, therefore the first and maybe only person whom she could ask for help would have been her boyfriend himself, who lived only a few hundred meters away from her house. Not doing this signifies Sollecito was with her, unaffected, obviously, the procedural relevance of his mere presence in that house, in the absence of certain proof of his causal contribution to the murderous action. 

      The defensive argument extending the computer interaction up to the visualization of a cartoon, downloaded from the internet, in a time that they claim compatible with the time of death of Ms. Kercher, is certainly not sufficient to dispel such strong suspicions. In fact, even following the reconstruction claimed by the defence and even if we assume as certain that the interaction was by Mr. Sollecito himself and that he watched the whole clip, still the time of ending of his computer activity wouldn’t be incompatible with his subsequent presence in Ms. Kercher’s house, given the short distance between the two houses, walkable in about ten [sic] minutes.

      An element of strong suspicion, also, derives from his confirmation, during spontaneous declarations, the alibi presented by Ms. Knox about the presence of both inside the house of the current appellant the night of the murder,  a theory that is denied by the statements of Curatolo, who declared of having witnessed the two together from 21:30 until 24:00 in piazza Grimana; and by Quintavalle on the presence of a young woman, later identified as Ms. Knox, when he opened his store in the morning of November 2. But as it was previously noted, such witness statements appeared to have strong margins of ambiguity and approximation, so that could not reasonably constitute the foundation of any certainty, besides the problematic judgement of reliability expressed by the lower [a quo] judge.

      An umpteenth element of suspicion is the basic failure of the alibi linked to other, claimed human interactions in the computer of his belongings, albeit if we can’t talk about false alibi, since it’s more appropriate to speak about unsuccessful alibi. 

      Finally, no certainty could be reached [was acquired] about the attribution to Mr. Sollecito of the footprints found in the via della Pergola house, about which the technical reports carried out have not gone beyond a judgement of “probable identity”, and not of certainty (p. 260/1).

      9.4.3. It is simply the case to observe, that the declaration of the lacking of a probative framework, coherent and sufficient to support the accusatory hypothesis regarding the more serious case of the homicide, reverberates on the residual, accessory charges referred in point d) (theft of the phones) and e) (simulation of crime).

      From Chapter 10

      10. The intrinsic contradiction of probative elements emerging from the text of the appealed sentence, undermines in nuce the connecting tissue of the same sentence, causing the annulment of it.

      And in fact, when facing a picture marked by such contradiction, the appeal judge was not supposed to issue a conviction but rather ““ as we observed above ““ they were compelled to issue a ruling of acquittal with reference to art. 530 paragraph 2 of penal procedure code. 

      At this point the last question remains, about the annulment formula ““ that is, whether it should be annulled with remand or without remand. The solving of such question is obviously related to the objective possibility of further tests, which could resolve the aspects of uncertainty, maybe through new technical investigations. 

      The answer is certainly negative, because the biological traces on the items relevant to the investigation are of scarce entity, as such they can’t undergo amplification, and thus they won’t render answers of absolute reliability, neither in terms of identity nor in terms of compatibility.

      The computers belonging to Amanda Knox and to Ms. Kercher, which maybe could have provided information useful to the investigation, were, incredibly, burned by hazardous operations by investigators, which caused electric shock following a probable error of power source; and they can’t render any further information anymore, since it’s an irreversible damage. [Ed: unproven how damage occurred, all records were recovered.]

      The set of court testimonies is exhaustive, given the accuracy and completeness of the evidentiary trial phase, which had re-openings both times in the instances of appeal [rinvio; sic].

      Mr. Guede, who was sure a co-participant to the murder, has always refused to cooperate, and for the already stated reasons he can’t be compelled to testify.

      The technical tests requested by the defence cannot grant any contribution of clarity, not only because a long time has passed, but also because they regard aspects of problematic examination (such as the possibility of selective cleaning) or of manifest irrelevance (technical analysis on Sollecito’s computer) given that is was possible, as said, for him to go to Kercher’s house whatever the length of his interaction with the computer (even if one concedes that such interaction exists), or they are manifestly unnecessary, given that some unexceptionable technical analysis carried out are exhaustive (such are for example the cadaver inspection and the following medico-legal examinations).   

      Following the considerations above, it is obvious that a remand [rinvio] would be useless, hence the declaration of annulment without remand, based on art. 620 L) of the procedure code, thus we apply an acquittal [proscioglimento *] formula [see note just below] of dropping of charges which a further judge on remand would be anyway compelled to apply, to abide to the principles of law established in this current sentence.

      [Translator’s note:  Under the Italian Procedure Code, the Italian word for “acquittal” is actually “assoluzione”; while the term “proscioglimento” instead, actually refers only to non-definitive preliminary judgements during the investigation phase, and it could be translated as “dropping of charges”. When applied to the investigation phase “proscioglimento” is normally meant as a not-binding decision, not subjected to double jeopardy, since it is not considered a judgement nor a court’s decision.]

      The annulment of the verdict of conviction of Ms. Knox as for the crime written at letter A), implies the ruling out of the aggravation of teleological nexus as for the art. 61 par. 2 Penal Code. The ruling out of such aggravating circumstance makes it necessary to re-determine the penalty, which is to be quantified in the same length established by the Court of Appeals of Perugia, about the adequacy of which large and sufficient justification was given, based on determination parameters which are to be subscribed to entirely.

      It is just worth to note that the outcome of the judgement allows to deem as absorbed, or implicitly ruled out, any other objection, deduction or request by the defences, while any other argumentative aspect among those not examined, should be deemed manifestly inadmissible since it obviously belongs to the merit.



      3. Wrong Translation Circulated By Amanda Knox

      This version was garbled apparently to try to show innocence.  (It is a crime to deliberately garble Italian legal documents.)


      Above: wrong Knox version. Correct translation again:

      4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(”¦) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.


      Above: wrong Knox version. Correct translation again:

      9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

      About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.


      Tuesday, August 11, 2015

      Problems With Fred Davies #2: His Claims On Knives, Wounds And Stains Also Highly Mislead

      Posted by James Raper



      Several of the numerous scientific witnesses; some evidence was behind closed doors

      Overview Of This Post

      Remember that Amanda Knox, a felon for life, served three years for framing Patrick for murder.

      In my previous post I dismissed the claim which the British barrister FG (Fred) Davies pervasively made in Parts 1 to 20 of his mammoth series in Criminal Law and Justice Weekly that it was actually Guede and his team who had somehow framed Knox and Sollecito for a crime he alone committed and left all of Italian law enforcement bamboozled.

      I now have Parts 21 to 26 as well, all of the series, and I wish to examine one more large area of cherrypicked facts and misinterpretations, along with Davies’s final conclusion.

      First, Fred Davies’s Final Scenario

      As anticipated,  Davies concludes that Knox and Sollecito should only have been convicted of the charge of simulating a burglary. He presents his own synopsis of what happened on the night of the murder which has both Knox and Guede present at the cottage for the murder, but not Sollecito.

      Davies says it is Guede who sexually assaults and stabs Meredith. Knox, unaware of what was going to happen is horrified and scared out of her wits, retreating to her bedroom and locking herself in.

      Davies says Guede flees, ignoring or unable to do anything about the fact there is/was a witness to his horrific crime. When it’s safe to do so Knox emerges and meets up with Sollecito.

      Davies says that Knox, fearing that if she went to the police she would only end up being accused of involvement in the murder, persuades Sollecito to be her alibi, and to stage the scene to point to a burglar, and Sollecito, being the Honour Bound sort of chap he is, agrees to go along with this. Once they both embark on this course of action there us no turning back.

      I trust that you are all duly intrigued with Davies’s scenario and panting to learn how and why he arrives at it. Unfortunately this will have to wait until another day if it is to be from me.

      He has, after all, taken 26 Chapters in half a year to get to this point and I am not yet ready to deal with them comprehensively. Others here may contribute posts and discuss implications with the Criminal Law editor.

      Fred Davies On Knife Or Knives

      Whilst I guess most comments are going to be about the above synopsis, I am going to deal with his thoughts regarding the knives, these being quite central to his synopsis.

      My argument below is supported by numerous previous posters none of whom differed markedly from Massei or Nencini. 

      Davies in contrast is sharply critical of Massei. He simply excludes the Double DNA knife (Exhibit 36) as the murder weapon.

      He is also critical”¦.nay, I would have to say that he is outraged”¦. at Massei holding that Sollecito was responsible for the lesser of the two wounds, that on the right side of Meredith’s neck. He is critical of Micheli for not finding, as a matter of fact, that Guede was the one responsible for the wounds, using his own knife which has yet to be recovered.

      Without more ado I will proceed to Mr Davies’ evaluation:

      “The finding against Sollecito that it was he who inflicted two of the three wounds to Meredith Kercher using a pocket knife which was in his possession at the material time is deeply flawed, offensive and wrong in law”

      Well, I was unaware that Massei had found that Sollecito inflicted two of the three wounds. In fact I am not aware of three wounds (unless he includes what is effectively a nick) , but if there were then Massei only attempted to attribute two, the one to the right of the neck, 4 cms deep and with a width of 1.5 cms, being attributed to Sollecito’s “pocket knife”.

      It did not cause any significant structural damage, unlike the wound to the left, 8 cms deep and 8 cms wide which had penetrated both Meredith’s larynx and the cartilage of the epiglottis, and had broken the hyoid bone. 

      Is the rest “deeply flawed, offensive and wrong in law”?

      “It could not have been part of the prosecution case that Sollecito used a pocket knife to subdue and stab Meredith Kercher. If it had why was Sollecito and/or Knox not charged with carrying the said pocket knife without justified reason? To recapitulate,, the charge alleged that the killing was achieved by means of”¦”¦”¦”¦.and deep lesions to the left anterior-lateral and right lateral regions of the neck, caused by a bladed weapon (Exhibit 36).

      The Massei Court’s finding strikes against basic principles of fairness which applies to all criminal proceedings. Put another way, a criminal court is not generally entitled to bring in a verdict which differs markedly from the basis on which the prosecution puts it’s case. This is because the defence would not be able to adequately prepare and meet such an unexpected contingency. In plain English the defence would be ambushed or taken by surprise. In this case the defence was ambushed and the defendants’ rights (Knox and Sollecito) were fundamentally infringed.”

      Oh come on! Ambushed? Really?

      OK, so the charge did indeed indicate that that both the right and left sided wounds were caused by “a bladed weapon to which Chapter B applies” (Exhibit 36) but the reality is that the defence always knew that Exhibit 36 (because of it’s dimensions and in particular it’s width 4cms from the tip) could not have been the cause of the wound to the left anterior lateral. That’s a matter of simple logic and in any event every expert and all the lawyers in the case agreed on that.

      So the way the charge was erroneously framed in fact misled no-one.

      Indeed had the defence thought so then they could have raised the matter. Mr Davies does not claim that Massei did not have the power to amend the indictment. If the court was unable to, or the defence chose not to raise it, either way thinking it was a clever appeal point, then it did not become one.

      Indeed, Mr Davies will know anyway that in English law, by virtue of The Indictments Act 1915, courts can (and frequently do) order an amendment to an indictment at any stage (which includes during a trial) provided the amendment does not result in an injustice to the accused.  This is a practical necessity as it would be an affront to the concept of justice if defendants were to be acquitted on the basis of a mere technicality.

      One might consider what amendment might have been made.

      A possibility is that reference to the right-sided wound might have been excluded. It was the left-sided wound that was fatal, after all, and caused, as the prosecution would endeavour to prove, by a weapon which, as it happened, belonged to Sollecito.

      The prosecution did, of course, maintain that it was Knox who wielded the weapon, but might, as an alternative, have also asserted that it was Sollecito. Indeed the framing of the charge leaves it an open question as to which of them did. They were charged jointly with having caused Meredith’s death.

      The evidence that it may have been either (AK or RS) is a common feature of cases to which the English legal doctrine of joint criminal enterprise applies.

      The doctrine applies particularly to a case such as this in that no matter who actually wields the weapon the other participant in the common enterprise is deemed to possess the same level of criminal liability even if he did not know that there was a knife or that it would be so used. Being reckless as to that possibility is sufficient.

      It is surprising how often how little is required to establish joint enterprise. Frequently the mere fact that the participants know each other and were there, and that the situation was a combustible one of the group’s making, is enough. The doctrine has come in for a great deal of justified criticism but despite this remains firm law.

      My preference would have been to amend the indictment to refer to the right sided wound being caused by a bladed weapon, the blade being of indeterminate length but with a width of approximately 1.5 cms. It is the width of the wound that is salient because it is indicative of the width of the blade on the knife being used which, whilst also being indicative of the likely length of the blade, but without being sure, could be either a pocket knife (4 cms or more) or a flick knife (which could also be a pocket knife). 1.5 cms is about the width of the tip of one’s index finger, by the way.

      Massei, and others, always refer to this knife as a pocket knife. However henceforth I am going to write “pocket knife” to refer to the options of a pocket knife with a blade of 4cms or more, or a flick knife.

      As to Mr Davies other point as to why Sollecito was not specifically charged with carrying a “pocket knife” without justified reason, I do not know, but since the framing of charges is a matter for the prosecution, one might as well leave the matter there.

      In any event the lack of a specific charge does not in any way preclude a court from inferring the nature of a weapon from the pathology of the wound nor from identifying the probable assailant (as distinct from having to prove beyond a reasonable doubt the culpability of a single perpetrator named in a specific charge of “carrying”).

      Guede did not ever face a specific charge of carrying a weapon but that does not prevent Mr Davis from concluding that Guede had a knife and had stabbed Meredith. It seems that Mr Davies would have been quite happy for Guede to have been so charged and convicted on Professor Vinci’s (see later) dubious testimony.

      In this last respect, however, Mr Davies could have more telling argument. Lets see.

      “To infer that Sollecito had a pocket knife at Via della Pergola 7 on the fateful evening of November 1-2, based on the character evidence of four witnesses called for the defence, was to say the least highly unusual..”

      I think the operative words here are “witnesses called for the defence”, amongst whom was Sollecito’s own father. Yes, highly unusual but then that is what happens when you do not vet your own character witnesses before cross-examination.

      Sollecito’s proclivity for carrying a knife (usually a pocket knife) at all times (and indeed he had one on him at the time of his arrest in the Police Station) is highly relevant. These witnesses referred to a knife with a blade of about 4 cms, or perhaps 6 cms.

      In addition Sollecito was something of a knife aficionado. The police found two specialist knives, a Spiderco and a 2004 model Brian Tighe. Neither of these can be connected to Meredith’s wounds but they are indicative of his affinity to weapons specifically designed to be used in a fight to maim or kill. Clearly a flick knife falls into the same category.

      As to proclivity evidence against Guede one can refer to his brief possession of a kitchen knife acquired at and belonging to the Milan nursery (which he did not break into, he had been given a key).

      There is, of course, Tramontano’s dubious claim (angrily dismissed by Micheli even though Guede was never given the chance to challenge this in court) that a black man broke into his property and, confronted by Tramontano, had pulled out a flick knife as he exited. Tramontano tried to claim the burglar was probably Guede based on a photo of him he had seen in a newspaper. If it really was Guede he was not carrying that knife with him at the Milan nursery 8 weeks later.

      “Even if Sollecito was present at the scene of the crime (as distinct from being complicit), the court could not have been sure that any “pocket knife” in his possession, which incidentally was never recovered, had inflicted all or some of the injuries, the most cogent rationale being:

      1. The prosecution could not prove the dimensions and the character of the knife were consistent with the injuries inflicted upon Meredith Kercher.

      2. The Court paid scant regard to the totality of expert opinion as to the type of bladed weapon (or weapons) which had been used to stab the victim

      3. The Court paid scant regard to the dimensions of a bloody outline of a knife found on Meredith’s pillow

      4. Consequently the Court could not have been sure that any pocket knife and, a fortiori, exhibit 36 had been used to stab Meredith that fateful night.”

      As to 1 above, we know that no suitable weapon was ever recovered but if the indictment had been amended in accordance with my preference then the prosecution would easily have proved that part of the indictment, relating as it does to the wound on the right side of the neck.

      It is a reasonable inference on the balance of probabilities that the wound was caused by a “pocket knife” and if one accepts the presence of multiple attackers (which I understand is a judicial truth in the case even following the latest acquittal of Knox and Sollecito) then, again on the balance of probabilities, and taking into account all the other circumstantial evidence in the case, I submit that it is a reasonable inference that it was Sollecito’s “pocket knife”.

      The bar of “beyond a reasonable doubt” applies to culpability re the specified charge and is not to be confused with the elements.

      As to 2, this simply is not true. I shall look at the totality of the expert opinion in a moment but suffice it to say that Massei spent a considerable amount of time in his Motivation detailing with and discussing the defence experts’ opinions.

      As to 3, (and it was not on the pillow but the bedsheet) it was Professor Vinci’s contention that the bloody outline (there was a dual outline, he said) was left by a knife with a blade 11.3 cms long or a knife with a blade 9.6 cms long with a congruent section of handle 1.7 cms long (9.6 + 1.7 = 11.3). Davies does not mention a blade width but in fact Professor Vinci actually says 1.3 to 1.4 cms wide.

      Taking these measurements as read, Davies points out that they are incompatible with either a pocket knife (such as Sollecito had a proclivity to carry) and Exhibit 36. I have no argument with that observation. It follows, he then argues, that one has to infer the presence of a third knife in any hypothesis and if a pocket knife and Exhibit 36 are already accounted for by Knox and Sollecito then a reasonable inference is that the third knife would have to be Guede’s. Indeed (Davies does not say this, but I will) Professor Vinci’s blade is not incompatible a priori with either of the two wounds.

      This is worth looking at seriously as so far it is the only worthwhile point Davies has made.

      First of all I have to say that I have searched for but have not found any rebuttal evidence or comment from the prosecution amongst the documents on the Wiki.  I do not even see a question on the matter in the cross-examination of Professor Vinci.

      Massei only briefly commented about the bloody outline on the bed sheet.  He opined that the blood stains were certainly “suggestive” but insufficient to establish any clear outlines from which reliable measurements could be established. Clearly then he did not accord any reliability to Professor Vinci’s measurements. But is Massei right? One does not have to be an expert to consider this.

      First of all, here are images of the blood stains.






      In the picture below the stained section of sheet is cut out for analysis the day after the discovery of the murder.

      Did the prosecution overlook their own analysis of the stains? Did they deliberately do so after Exhibit 36 was found, 9 days later on the 12th November, to have Meredith’s DNA on it? Or did they always know that the stains established nothing?






      The next question to be asked is whether we can see the outline of a knife, or rather a blade. I think the honest answer to that is, on balance, yes. We think we see the tip of a blade, do we not? Maybe two, maybe even three.

      It is fairly clear that Professor Vinci takes the largest of the stains to be the hilt of the handle to the knife. Lining that up with what is perhaps the likely clearest possible perceived blade tip (being the middle out of a possible three I believe I see) then the distance to the perceived hilt is indeed something like the 9.6 cms which Professor Vinci has measured.

      But there are problems. Here are two of Ergon’s photos from his posts here and here with Exhibit 36 superimposed on the stains in two different positions to reflect the supposed dual outlines.










      The blob of blood in the bottom left of the pictures and it’s lesser moon at 1, or 2, o’clock are regarded as having come from the same position on the blade and so with that reference point the blade is positioned accordingly in each photo.

      We can surely take it that Professor Vinci also sees the same duality. But if the bloody hilt is aligned to fit with “the moon” stain in order to get the 9.6 cms measurement, then what has happened to that large hilt stain when the knife is moved further to the left, and then dropped a bit, to align to the moon’s planet (the blob)?

      It has either disappeared or become an edge. That doesn’t make sense if “the moon” is the lesser version of the blob. The blob has to come from the first positioning of the knife. Despite this, in the knife’s later position the volume of blood at the hilt has actually increased comparative to the knife’s first position. That doesn’t make sense either.

      So maybe the largest stain pre-exists, even for perhaps a moment, the stains suggesting the blade outlines, but in that case we can throw Professor Vinci’s measurements out of the window.

      Can we do without the blob and it’s moon? It’s all a lot less convincing without them. But in truth we cannot even be sure that they are related. Nor that the largest stain has anything to do with the hilt of a knife.

      A further connected observation concerns Professor Vinci’s claim that the blade of the knife is 1.3/1.4 cms wide. Like the rest of his evidence I do not find this very convincing. I suspect that he has deduced this from the largest stain which has a length, he says, of 1.7 cms. It’s width could then be something like 1.3/1.4 cms.

      If the width of the knife is represented by approximately 1.4 cms then, given the position of the bloody hilt relative to the tip of it’s blade, what are we to make of the two spots of blood in a horizontal line above? They look like the upper (or lower) edge of a knife but they can’t be without making the blade wider.

      Why does it have to be the same knife anyway? The stains could be the result of two different knives collected and laid to rest in the same spot.

      The blood stains are certainly bewitching - rather like seeing patterns in tea leaves at the bottom of one’s cup - but on the balance of probabilities I would not totally rely on anyone’s perception of them even, with all due respect, Ergon’s but his analysis is as good as anyone’s, and that for me is the point of it.

      In short I think that Massei was probably right. These stains are suggestive but basically useless and the police/prosecution ignored them for that reason.

      “Consistent with English law the Massei Court’s findings should be struck down as Wednesbury unreasonable. Where there is no evidence to support a finding of a court or the court has reached a conclusion which is irrational or perverse, in the light of the evidence adduced at trial, a conviction based on that part of the evidence cannot be sustained”¦”¦”¦.The Massei Court also appears to have violated Article 6 of the European Convention on Human Rights (the right to a fair trial),”

      Yeah, right.  The case to which he refers, Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1KB 223, is an odd and unnecessary one to pray in aid.  It was a civil case where the appellant sought judicial review in respect of a licencing decision. As a formulation of a first principle of natural justice it is, of course, unquestionable. However the claim that Massei reached a conclusion that was irrational or perverse is laughable.

      It is at this point that one does begin to wonder whether Davies is indeed connected in some way with the daffy Nigel Scott (Sollecito”˜s ex Lib Dem Haringey Councillor groupie) who similarly emerges with bizarre arguments.

      Next, in his evaluation, we come to a numbers game as to who was for and against the incompatibility of Exhibit 36 with the fatal wound on the left side, but before I enter into that game I want to make a point about incompatibility.

      A knife blade is only incompatible with a wound if the depth of the wound is longer than the length of the blade or if the width of the wound is shorter than the width of the blade at the relevant depth.

      We can therefore establish that Exhibit 36 was not incompatible, a priori, with the depth of the wound.  The blade on Exhibit 36 was 17. 5 cms long and the depth of the wound was 8 cms.

      Yes, I know that other arguments as to incompatibility were advanced based, in the main, on these measurements. These Massei logically deconstructed. In fairness to Mr Davies he did not advance them in his evaluation and so neither shall I.

      I would also have to concede that Sollecito’s “pocket knife” is not incompatible a priori with the wound on the left side nor, even if it”˜s length of blade was over 4 cms, with the wound on the right. Nor Professor Vinci’s knife either.

      The same is true of the width of these knives.

      It should however be recalled that the width of the right-sided wound was also 8 cms. That is over 5 times the width of the “pocket knife”. The width of the blade on Exhibit 36 - 8 cms from it’s tip - was twice the width of the blade on the “pocket knife”.

      This fact, and the robustness of the larger weapon, particularly with regard to the observed butchering at the base of the right-sided cut, makes Exhibit 36 a far more likely candidate, in my submission, than a “pocket knife”, and that’s without taking into account Meredith’s DNA on the blade.

      Returning to our numbers game, Mr Davies puts it slightly differently from Massei. He says -

      “And if that were not enough, of the 8 experts who gave evidence on the point, two (Dr Liviero and Professor Bacci) opined that Exhibit 36 could have caused the fatal wound to Meredith’s left side. Professor Norelli could not rule out Exhibit 36. Professor Ronchi’s opinion is not clear due to the use of the “double negative” (non-incompatibility)  - it will be assumed that he supported the prosecution contention, but in any event al the remaining four experts, Professors Introna, Torre, Cingolani and Dr Patumi) opined that Exhibit 36 could be ruled out.”

      In other words a draw but one of the prosecution experts is a bit “iffy”.

      Massei tells us that Dr Liviero concluded “definite compatibility”, Dr Lalli and Professors Bacci and Norelli “compatibility” whilst “non- incompatibility” came from the 3 GIP experts nominated at a preliminary hearing. The latter were Professors Aprile, Cingolani and Ronchi.

      “Non-incompatibility” is not hard to understand. It simply means not incompatible or rather, compatible.

      Note that Mr Davies has Professor Cingolani lining up to exclude Exhibit 36. Massei disagrees and I agree with Massei. So, for what it is worth (and this is a bit childish I know) Mr Davies loses the game 7 - 3.

      “And one final thought. If the defendants (Knox and Sollecito) were sufficiently compos mentis to dispose of the pocket knife “¦. Why did they not dispose of Exhibit 36?  By a process of deduction and logical synthesis the answer is plain for all to see: Exhibit 36 never left Corso Garibaldi and was not the murder weapon “

      Because it was on his landlord’s inventory of kitchen items? Indeed we don’t know for sure that the “pocket knife “was actually disposed of. All we know is that it was not identified and recovered by the police.

      And In Conclusion

      This is the second of my posts involving Mr Davies. I may not be disposed to do any more. I have to say that although he certainly provided some food for thought on this one, I have not been impressed with his analysis in the topics I have covered so far.

      Others here have been tabulating other factual errors and forced arguments and as I mentioned at the start we may see them carry this a bit further.


      Thursday, July 30, 2015

      Problems With Fred Davies #1: Did Guede’s Separate Trial REALLY Impact Negatively On RS And AK?

      Posted by James Raper




      1. Summary Of The Complaints

      I want to write about the separate trials of Guede on the one hand and Knox and Sollecito on the other.

      This feature has often been criticized by the apologists for Knox and Sollecito, and I was surprised to learn just recently that their gripe seems to have some support in learned establishments in the UK! Ahem.

      The gripe concerns the Fast Track trial of Rudy Guede, and the consequent Supreme Court confirmation of his conviction, with the apologists arguing that these had an adverse and unfair effect upon the proceedings in which Knox and Sollecito were involved. It is based on the simple fact that Guede chose to be tried separately, this being seen as an unfair complication for the administration of justice in the Italian justice system.

      There are a number of complaints that the usual apologists have regarding the separate trial of Guede. Most of these are in fact fantasies as I will address.

      These complaints, or constant refrains, which some apologists fondly thought could form the basis of a complaint to the European Court of Human Rights in due course, can be summarised as follows -

        1.  That the proceedings concerning Guede established various tenets the most important one of which was the multiple attacker scenario, and that this unfairly affected Knox and Sollecito bearing in mind that their defence was based on the Lone-Wolf scenario.

        2.  That the evidence in the Guede proceedings could never be effectively challenged by the Knox and Sollecito camps.

        3.  That, in consequence of which, Knox and Sollecito had virtually already been convicted by the judiciary by the time of their own trial.

        4.  That Guede was allowed to give evidence against Knox and Sollecito at both his own trial and at the Hellmann appeal hearing without effective cross-examination. Had this been the case the defence would likely have exposed and demonstrated his sole responsibility for the murder of Meredith Kercher. Indeed had he been tried together with Knox and Sollecito this could well have happened at the Massei trial.

        5.  That Hellmann was right to give no probity value to the content of Guede’s sentencing and the subsequent annulment unfairly allowed material that was prejudicial for the aforesaid reasons into the Nencini Appeal.

        6.  That Guede was induced into electing for a separate trial with the promise of a reduced sentence should he be convicted - this being to prosecution’s advantage re the case against Knox and Sollecito.


      2. How Overall The Complaints Are Wrong

      I think that we know what fast-track is by now, so I will not dwell on that. Guede’s trial was over relatively quickly. It lasted a month and likely consisted of about 3-4 hearings. There were just a few witnesses called.

      The judge, Micheli, in addition, dwelt on all the evidence in the investigative file including witness statements and forensics. This was because Guede was charged with murder “in complicity with others” and because Micheli also had to make the decision whether or not to commit Knox and Sollecito to stand trial as the other accomplices.

      Before I address whether or not there could be any justification at all for the apologists’ above complaints I would like to mention that learned quarter to which I referred at the outset.

      I recently stumbled (with the help of the apologists’ website) across the Criminal Law and Justice Weekly website.

      I was surprised to learn that various articles had been appearing on it under the heading of “The Brutal Killing of Meredith Kercher - A critical examination of the trials and subsequent appeal hearings of Rudy Hermann Guede, Amanda Marie Knox and Raffaele Sollecito.”

      Lexis Nexis ( publishers and distributors of legal material to the legal profession in the UK)  describe Criminal Law and Justice as”¦.”the leading weekly resource for criminal law practitioners and all those working within the courts and criminal justice areas.”

      The articles are by an F. G Davies, described as a Barrister and listed in Anthony and Berryman’s Magistrates Court Guide as a Deputy Justices Clerk, North Cambridgeshire, in England. He is also a contributor and specialist editor to Justices of the Peace Law Reports.




      Online image associated with an annual legal-fees guide which FG Davies edits


      Here are two quotes I picked out relevant to this post about separate trials.

      “This supports the writer’s contention made earlier that the holding of separate trials for co-accused was wrong in principle and law because the prosecution were alleging that at all three defendants committed the crime acting in concert”

      And:

      “It provided Guede with a golden opportunity to minimize his part in the attack upon and murder of Meredith Kercher, loading the blame on to Knox and Sollecito who, by this time were suspected to be chief architects of the attack.”

      It is of course perfectly true that in the anglo-saxon world Guede would not have had the choice to elect for trial separately from his co-accused. It might have made for a very interesting trial for everyone concerned if he had stood trial together with Knox and Sollecito, but for reasons I will explain later I doubt it, or that Knox and Sollecito would have gained any advantage from it.

      Indeed separate trials had rendered a very specific advantage to the Knox and Sollecito camps in that Guede had already been convicted when Knox and Sollecito stood trial, a fact that their PR campaign and followers have drilled home at every conceivable opportunity.

      But what on earth does it mean to say that “the holding of a separate trial [for Guede] was wrong in principle and law”?  .

      Whose law? Whose principles? Just how deeply does the Deputy Justices Clerk delve into the respective systems of justice (and particularly the Italian one) for a comparative evaluation?

      Certainly on the basis of a quick read of his articles I would say that he hasn’t delved very far at all. In fact I will go further and say that despite that he is capable of a detailed review of various aspects of the case he pretty much shares the same hostility and concerns based upon parochialism and ignorance to be found on the usual apologists’ websites.

      So I will try to put him and the apologists right on how the Italians cope, as a matter of law, with any evidential difficulties that separate trials can throw up.

      However, let’s start first with the assertion that the fast-track trial “provided Guede with a golden opportunity to minimize his part in the attack upon and murder of Meredith Kercher, loading the blame on to Knox and Sollecito”? Is that true?

      Guede admitted that he was present at the scene of the murder and he has always minimized his part in the attack, in fact denying that he had any part. This is all to be found in his statements pre trial. He would have minimized his part even if he had been tried with his co-accused and had given evidence. Given that he was not believed anyway, it is difficult to detect wherein lies the golden opportunity of a fast track trial.

      It is also difficult to envisage what cross examination formula (and the point of it) would have been available to the Knox and Sollecito defence teams as to Guede’s minimal role or otherwise given that Knox and Sollecito maintain that they were not there and thus are hardly in a position to dispute Guede”˜s version.

      Did Guede load the blame onto Knox and Sollecito?  The answer to that is that he did directly implicate Knox but not Sollecito. Again this is all to be found in his pre-trial statements and interviews with the police and investigating magistrates. Whilst on the toilet he had heard the doorbell ring, Meredith call out “Who is it?” and later say “We need to talk” followed by another woman’s voice, which he thought was Amanda, replying “What’s happening?”  He had also claimed to have seen, through Filomena’s bedroom window, a female figure with flowing hair and had recognised the shape as being that of Amanda Knox.

      It might be useful at this point just to pause and remember when Guede could have been cross-examined on this by the Knox and Sollecito defence teams.

      Guede was called to give evidence during the Massei trial but declined to give evidence. Not surprising given that he was appealing his own conviction at the time. This was heard two weeks after the conclusion of the Massei trial.

      He then appeared at the Hellmann trial by which time he already had a definitive conviction. On this occasion he did respond to questioning and I shall look at this a little later.

      3. The Specific Mistakes In Each Complaint

      Let us return now to the apologists standard refrains as I listed them at the beginning.

      1.  That the proceedings concerning Guede established various tenets the most important one of which was the multiple attacker scenario, and that this unfairly affected Knox and Sollecito bearing in mind that their defence was based on the Lone-Wolf scenario.

      One might also add the staged break in and some others as well which were all considered by Micheli and endorsed by Massei.

      However as at the conclusion of the Massei trial Guede’s first appeal was still extant and the Supreme Court’s definitive reflections on the multiple attacker scenario were still a year off. Nothing had been written in stone at that point. If the multiple attacker scenario became a tenet of the case then it would be more accurate to say that it became so because of Massei joining up with Micheli.

      But let’s also take in the second refrain to consider alongside the first at this point.

      2.  That the evidence in the Guede proceedings could never be effectively challenged by the Knox and Sollecito camps.

      This really is pretty rich. So what? Knox and Sollecito were not on trial there. And what to make of the Massei trial which of course is when Knox and Sollecito then wheeled out their big guns; the expensive lawyers and experts in telecommunications, forensic pathology, forensic DNA, ballistics and footprint analysis?

      The Massei trial may have taken its time but it was nevertheless (unlike Guede’s trial) a full blooded adversarial trial of first instance, lasting a year, with the prosecution producing each and every one of it’s witnesses for rigorous cross-examination by the defence.

      It was Massei that confirmed the multiple attacker scenario on the basis solely of that evidence and with scarce a mention of Guede’s sentencing report. It is lame to argue that Massei was in any way constrained by Micheli’s reasoning on the matter though his judgement was indeed available.

      However Massei did make the following observation -

      “”¦”¦the reconstruction of the facts leads to the unavoidable conclusion that he (Guede) was one of the main protagonists (writer’s note: no concession to Guede’s chances on appeal, then?); thus it is not possible to avoid speaking of Guede in relation to the hypothesised criminal facts. The defence of the accused in particular have requested the examination of texts concerning only Rudy, and have demanded the results, specifically concerning Guede of the investigative activities carried out by the police in particular. In fact they have expressly indicated Guede as being the author, and the sole author, of the criminal acts perpetrated on the person of Meredith Kercher.”

      So here we see the defence making the running on Guede (without Guede being present as a co-accused to dispute anything) to include any and all evidence as to his alleged criminal background with the precise purpose of bolstering the Lone Wolf scenario, all of which was duly evaluated by Massei.

      [One might think, in addition to the above, that Guede would have had cause to complain about the indictments for Knox and Sollecito, in that both were indicted, and subsequently convicted, with the crime of murder “in complicity with Rudy Hermann Guede”, although he still had two appeals left and theoretically (though not realistically) it was still possible for him to be acquitted of the crime. However the drawing up of indictments in separate trials, and how the judiciary would deal with an outcome such as above (which I don’t think would be difficult) would be a topic for another discussion.]

      3.  That, in consequence of which, Knox and Sollecito had virtually already been convicted by the judiciary by the time of their own trial.

      This is so lame by any objective standard, but it is amazing just how often this particular drum is beaten. However our Deputy Justices Clerk would probably subscribe to this. He develops an argument akin to this which he terms the Forbidden Reasoning (echoes of Preston’s “The Forbidden Killer”?) which is basically that Micheli made a number of errors which were then compounded in subsequent hearings.

      4.  That Guede was allowed to give evidence against Knox and Sollecito at both his own trial and at the Hellmann appeal hearing without effective cross-examination. Had this been the case the defence would likely have exposed and demonstrated his sole responsibility for the murder of Meredith Kercher. Indeed had he been tried together with Knox and Sollecito this could well have happened at the Massei trial.

      The evidence that implicated Knox I have already mentioned. It is not entirely decisive in that it is not a solid ID of Knox at the crime scene. At the Hellmann appeal Guede added this in an exchange with Knox”˜s lawyer -

      DEFENSE ATTORNEY DALLA VEDOVA””And therefore, Mr. Guede, when you wrote verbatim that it was a “horrible murder of Meredith a lovely wonderful young woman, by Raffaele Sollecito and Amanda Knox” what do you mean exactly? Have you ever said this?
      WITNESS””Well, I”¦ this, I’ve never said it explicitly, in this way, but I’ve always thought it.
      DEFENSE ATTORNEY DALLA VEDOVA””And so, it’s not true.
      WITNESS””No, it’s very true”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦..............  So if I wrote those words it’s because I’ve always had them inside of me. It’s not up to me to decide who it was who killed Meredith, in the statement that I made in my trial, I always said who was there in that home that damned night, so, I think I’m not saying anything new”¦”¦

      In another exchange, this time with Bongiorno, Guede makes it clear that he is not planning to answer any further questions about what happened that night but this is because he has already stated (statements and recorded interviews etc), and stands by, all that he has to say about it.  Thus all that is taken into evidence perfectly properly. The matter is then left to rest by the defence.

      Indeed it is difficult to conceive what further effective cross-examination could have occurred in this situation because clearly Guede would have responded with exactly the same answer each time.

      The above exchanges also show just why it is unlikely that there would have been any fireworks had Guede been tried with his co-accused.

      Guede would not have been obliged to give oral testimony any more than were Knox and Sollecito and in the event that he had done so (and I think it would have been in his interests to do so) his evidence would not only have been the same but it would have been subject to the same limitations, which would have been zealously protected by his lawyers, that had protected Knox when she gave oral evidence.

      On due consideration it might have been a somewhat tetchy affair for the lawyers but it would not have been in the interests of any of the respective teams of lawyers for there to have been any surprises such as Guede moving from beyond what he had already said in pre-trial statements to a solid ID of Knox from the witness box. That wouldn’t have particularly helped Guede as it would have affected his credibility even further. They all had prepared positions to protect and Guede’s presence would be neither that much of an added threat nor an advantage for Knox and Sollecito.

      5.  That Hellmann was right to give no probity value to the content of Guede’s sentencing and the subsequent annulment unfairly allowed material that was prejudicial for the aforesaid reasons into the Nencini Appeal.

      Now we are into the law, Italian law that is, and how it coped with separate trials of co-accused.

      By this time Guede’s conviction, remember, had been ruled as definitive by the Supreme Court.

      This is what Hellmann said about that -

      “”¦”¦. in truth, this judgement, acquired pursuant to article 238 and so utilisable under the probative framework only as one of it’s evaluative elements pursuant to article 192.”¦”¦”¦”¦”¦.. already appears in itself a particularly weak element, from the moment that this judgement related to Rudy Guede had been carried out under the fast track procedure.”

      It will be useful to consider some of Prosecutor-General Galati’s observations in the prosecution’s appeal submission and we can do this because the Supreme Court agreed with him.

      This is what the Supreme Court said -

      “The submission on the violation of article 238 “¦”¦.is correct. Even though (Hellmann) obtained the final judgement pronounced by this court against Rudy Guede, after properly considering that the judgement was not binding, it has completely “snubbed” the content of the same, also neutralizing it’s undeniable value as circumstantial evidence on the presupposition that it’s profile was particularly weak, since the judgement was based at the state of proceedings without the enrichment acquired as a result of the renewal of the investigations hearing arranged on appeal, In reality, the court was not authorised at all, for this reason alone, to ignore the content of the definitive judgement.”

      The enrichment referred to would of course have been the Independent Expert’s evidence (subsequently debunked by Nencini) and the Supreme Court also added that in any event article 238 was not impaired at all by the fact that the first instance trial was fast track.

      At the end of the day this was just poor argument by Hellmann but it was symptomatic of the many flaws that underlay much if not all of his reasoning for acquittal.

      More importantly for me and in addition to the foregoing the Supreme Court delivered a withering criticism of Hellmann’s understanding of circumstantial evidence and how to evaluate and treat it in its broad spectrum.

      However, how can and what elements contained in the separate trial of one co-accused have any probative weight in the trial of the others?

      Prosecutor-General Galati puts it like this. The Supreme Court’s rulings -

      “have now settled definitively regarding the interpretation according to which finalised judgements can be acquired by the proceedings, as provided for by the indicated law, but they do not constitute full proof of the facts ascertained by them, but necessitate corroborations not differing from the declarations of the co-accused in the same proceedings or in a connected proceeding”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦......
      Naturally this confirmation is not directly used for the purpose of proof but as corroboration of other circumstantial pieces of evidence or of evidence already acquired, not very different from what happens when declarations of collaborators with justice corroborate each other.”

      In the event the only material from Guede that really seems to me to have hitherto been extraneous to the first instance trial of Knox and Sollecito was the inclusion at the Nencini appeal of Guede’s partial ID of Knox at the scene and his evidence as to Meredith’s missing money, which were corroborative of elements of evidence that had appeared at the Massei trial; in the case of the missing money for instance, the missing credit cards and Filomena’s testimony that at a meeting shortly before both the murder and the day the rent was due Meredith had told her that she had the cash to hand and was prepared to hand it over there and then.

      No such money was found at the crime scene. One suspects that these two elements would have been more prominent at the Massei trial, and have been motivated more attentively, had the three been tried together. In the event Guede’s partial ID of Knox was not even mentioned by Massei and Knox and Sollecito, in the absence of any evaluation of Guede’s evidence, were acquitted (not even motivated at all in fact) of the charge of theft in relation to the money and the credit cards.

      Given the foregoing I would argue that Knox and Sollecito derived an advantage rather than a disadvantage from the separate trials.

      Furthermore I would argue that the material from Guede’s separate proceedings was not particularly damaging given the overall context of the evidence already directly available from the trial of Knox and Sollecito (which received some but in truth did not require much corroborative confirmation from Guede’s separate trial) and which in itself was sufficient to found a verdict of “beyond reasonable doubt”, but it did supply some useful insight into a motive when of course Hellmann had found none and Massei had supplied a rather improbable one.

      6.  That Guede was induced into electing for a separate trial with the promise of a reduced sentence should he be convicted - this being to prosecution’s advantage re the case against Knox and Sollecito.

      Needless to say this is what you get from desperate and deluded minds. Guede’s lawyer has explained why his client took his advice and the decision was perfectly rational and in Guede’s interests. Guede was entitled to a third off his sentence from choosing fast track though I am no fan of that. Furthermore I have explained why no particular advantage accrued to the prosecution from this choice other than that it probably foreshortened the time that a full trial of the three would have taken.


      Wednesday, April 08, 2015

      In Big Complication For Cassation Guede Demands New Trial To Prove He Was Not “Accomplice Of Myself”

      Posted by Peter Quennell



      Above: Rudy Guede’s smart lead lawyer Walter Biscotti on another high profile case


      The Fifth Chambers of the Supreme Court was the one that allowed Knox and Sollecito to walk free.

      Sooner or later they must explain. Initial statements of their reasons has many Italian justice officials in strong disbelief.

      If there were evidence problems (and we know of next to none and hundreds of evidence points suggesting guilt) the Florence appeal court was the correct court to put them to bed.  Cassation has no legal mandate for that.

      It gets worse. Somehow the Fifth Chambers has to explain why the First Chambers ruled the other way on some very key points in 2010 and 2013 and why it confirmed Knox’s sentence for the felony of calunnia with no further possibility of appeal.

      It gets worse. The five judges would seem to have to come down for either the highly discredited Lone Wolf Theory or for two other “missing killers” (for which there is zero evidence) to have attacked Meredith. 

      From 2007 to 2015 two defense teams tried very hard but without conviction or success to do both of those things - even though Guede and his defense had no way to answer back as they were not even in court.

      Those same two teams tiptoed away from much of the pesky evidence against all three which they were simply powerless to explain.

      So Guede’s demand for a new trial reported today could not be timed worse from the Fifth Chambers judges’ point of view.

      Chances are that this request will be ruled on by another Chambers of Cassation. It might take some time but they might have no compunction (especially if they are the First Chambers) about hanging the increasingly embattled Fifth Chambers out to dry.

      No way Guede’s conviction ever gets reversed. He knows that. We all know that. The evidence is way too strong. But Guede could really rub it in that he was not the initiator of the 15-minute attack and could certainly not have done it alone. That he had no motive at all. That he was not a drug dealer or a burglar - no evidence for either exists.

      That he was not the one who had a reason to clean up the house as his own trial ruled. And that he did not wield the final blow.

      *****

      Added to the top post on Thursday, and amended Friday.

      It looked briefly like his lawyers contradicted Guede. But legally Guede is the one with much at stake and gets to call the final shots.

      And Biscotti merely added that while he didn’t know exactly what Rudy said, his words should not be considered as a public statement, he did not intend for them to go public.

      Of course, Biscotti would want to keep their powder dry, and keep Guede out of harms way, and keep all possible options open in Cassation.

      Smart legal, safety and financial tactics.


      Monday, March 23, 2015

      Did The State Department Offer Assurances To Knox She Never Would Be Extradited?

      Posted by Ergon



      US Sec of State Kerry (discussing Snowden) really needs extraditions to work

      1. Overview

      This is the first of two posts on the real source of an increasing flow of anonymous but seemingly official State Department claims that Knox’s extradition is not in the cards

      2. The Current Italy/US Extradition Treaty

      As repeatedly explained here by posting lawyers the Italy/US treaty is deliberately written to exclude any politics.

      If either nation has arrived at a guilty verdict of someone currently in the other nation by following its own laws, then the other nation deliberately has no legal option but to extradite them to serve their term.

      So far neither nation has ever refused to do what the treaty says and so far politics has never intervened. That helps both nations in pursuing other extradition cases around the world.

      3. Claims By An Anonymous Source

      “Will Amanda Knox Be Dragged Back to Italy in Murder Case?” This was by Nina Burleigh in a cover story in Newsweek on March 19, 2015 quoting an anonymous source.

      A State Department source tells Newsweek that diplomats in both Italy and the U.S. expect an extradition request to be denied: “I don’t think either Italy or the U.S. wants a major burr under our saddle in terms of relationships between our countries, and this would be that, if the Italians pushed it.” If they do, the source adds, there “is not any way” the U.S. will arrest Knox, nor will it have her declared a fugitive.

      The elected Italian government in Rome is separate from the judiciary, and traditionally the two branches do not have warm relations. “I know the Italian government was rolling its eyes” over the prospect of the case reaching this phase, the State Department source says, adding that Rome faces “a real political problem” if the judiciary requests extradition. The American diplomat predicts the Italian court won’t ask to extradite.

      It seems that ever since Amanda Knox was wrongfully acquitted by the Hellmann appeals court of Perugia in 2011 we have been inundated with unsourced reports that “the United States would never extradite Amanda Knox.

      Going back several years to the Daily Mail, Guardian, The Express and various American media, they all seemed to be reading from the same script:

      • She hadn’t received a fair trial.

      • American public opinion would “˜never allow her to be sent back”.

      • The Secretary of State would quietly prevail upon his counterpart in Italy to not request extradition.

      And, as the final appeal of Amanda Knox and Raffaele Sollecito came up to the last stretch it seemed that these same hacks were repeating the same talking points, even though much has changed since 2011.

      These were the basic points, reported over and over in the main stream media till it almost seemed like a guarantee. So I have been looking for the last three years to verify the truth of that. And, who made that promise, if any were made? These were the basic parameters of my search, and I had to tune out the background noise of “˜double jeopardy” and “˜dueling extradition experts”.

      Then I had to look for the “˜unnamed source” quoted in all the news reports.

      These possibilities came up: 

      • WA US Senator Maria Cantwell spoke to her colleague Sen. John Kerry of the Senate Foreign Relations Committee who spoke to his brother in law David Thorne, the former US Ambassador to Rome, who passed on a quiet message to the Italian Foreign minister. But would they ever speak on or off the record to reporters or like it very much if it was going to be bruited about?

      • Mid-level Friends Of Amanda Knox like Anne Bremner and Judge Heavey had received vague assurances from Senator Cantwell; somehow extrapolated as iron clad guarantee that Knox would never be extradited, never mind there has not been any precedent I can find that would apply to a similar case like this.

      • Someone in the Department of Justice and/ or State is feeding them shite.

      • The FOA are making it all up. That last was my favourite, given that they are led around by people like Steve Moore, Bruce Fischer, and J. Michael Scadron.


      4. My Search For The Truth

      This has been an interesting journey, and as always, things seem to just come together at the last moment. It has helped that I have been watching diplomatic activity up-close all my life.

      My father was in the Pakistani Foreign Service stationed in London, so, shortly after I was born, lived in the UK from age 0-3, then with the Pakistan Embassy in Tokyo from age 3-8. We were a cosmopolitan group of embassy brats going to St. Mary’s International School.

      My friends were American, Iranian, Turk, Indian, East German, Canadian, New Zealand, points all over. Their parents were all diplomats and I made lifelong friends. My father could have received a posting as assistant to the ambassador to Washington D.C. after that but fate prevailed as he’d been stationed out 8 years and had to be rotated back to Pakistan.

      Since that time I kept in touch with my friends and also developed this passion for International Relations and Geopolitics. Traveling to the US and other countries but also meeting over the internet, made many more friends at various levels of the State Department. Saw the changes there as respected career diplomats got replaced by interest groups and major donors to political parties. Such only went to choice postings, of course, but not second or third world countries, so I had many interesting discussions with them over the years.

      The Wikileaks cables were a revelation as Embassy intercepts showed the thousand different ways diplomacy led to but also tried to prevent, war. I’d been reading them ever since they first came out so started searching for links to secret discussions with Amb. Thorne. Couldn’t find anything except what already was reported, so reporter Andrea Vogt’s FOI request find was a goldmine:

      NEWLY RELEASED EMBASSY CABLES SHED LIGHT ON STATE DEPT HANDLING OF AMANDA KNOX CASE

      By Andrea Vogt

      FEBRUARY 13 “Newly released state department documents show the U.S. Embassy in Rome declared the Amanda Knox matter “Case Closed” in a cable to Washington just days after the American’s clamorous 2011 acquittal.  The memo reveals wishful thinking on the part of some U.S. diplomats, who were only too eager to see the thorny case come to a clean close.”

      In Update March 23, 2015 posted today, Andrea Vogt says this:

      In a 2011 Italian embassy cable released as part of several Freedom of Information Act requests I’ve filed on this case (first published Oct 11, 2011) [US] diplomats in Italy mistakenly thought Knox’s acquittal in 2011 would bring to a close this complex and divisive international case. Italy’s Court of Cassation would prove them wrong, overturning her Perugia acquittal and ordering a second appeal in a different venue (Florence) which ended last year with a guilty verdict.

      So is a political fix being attempted or already in? See my Part Two Conclusion to be posted next.


      Sunday, February 15, 2015

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

      Posted by Eric Paroissien













      Thursday, January 22, 2015

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

      Posted by The TJMK Main Posters



      Above: “Neutral ghostwriter” Andrew Gumbel tweets…

      1, Today In The Florence Court

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

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

      2. Signs Gumbel Really Is A Shill

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


      3. How Gumbel Got It Wrong

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

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

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

      To the Guardian:

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

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

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

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

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

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

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

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

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

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

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


      Wednesday, January 21, 2015

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

      Posted by The TJMK Main Posters



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

      1. Overview Of This Series And Post

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

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

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

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

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

      2. Examination By Chimera Of Sollecito Book

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

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

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

      1. Examination Of RS’s Truthfulness

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

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

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

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

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

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

      This only makes sense if and only if:

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

      A failure on those parameters points to an inside job.

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

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

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

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

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

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

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

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

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

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

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

      [page 27 contains the following lines:]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      So, what does Sollecito list in just this paragraph?

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

      Can’t see why this would attract police attention…

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

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

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

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

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

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

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

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

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

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

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

      “The night of November first.”

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

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

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

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

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

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

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

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

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

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

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

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

      This section is almost 100% true

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

      Also true, and great police work.

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

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

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

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

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

      At Raffaele’s first hearing:

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

      Why would Judge Matteini have reason to doubt his story?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Sounds very likely.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Most rational people would come to the same conclusions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      There are 3 possibilities here, all bad.

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

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

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

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

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

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

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

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

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

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

      Do I really need to explain this one?

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

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

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

      This sounds disturbingly like another attempt to subvert justice.

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

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

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

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

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

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

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

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

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

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

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

      Why would you need ‘luck’ from a judge?

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

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

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

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

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

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

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

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

      No kidding.

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

      Amanda puts her foot in her mouth? Yup.

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

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

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

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

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

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

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

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

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

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

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

      [page 258] ‘’... Judge Hellmann’s sentencing report was magnificent: 143 pages of close argument that knocked down every piece of evidence against us and sided with our experts on just about every technical issue.’‘

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

      2. Synopsis Of “Honor Bound”

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

      (22) My cellphone was turned off.

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

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

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

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

      (27) The following dialogue:

      ‘’ ....Don’t do anything stupid.’‘

      ‘’ ....Now what do we do?’‘

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

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

      ‘’ .... Nothing has been taken.’‘

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

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

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

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

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

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

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

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

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

      (46) Vanessa made inquiries on my behalf.

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

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

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

      (50) I like to carry knives.

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

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

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

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

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

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

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

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

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

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

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

      (83) Amanda made admissions she tried to retract.

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

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

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

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

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

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

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

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

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

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

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

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

      (112) I decline to answer.

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

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

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

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

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

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

      (125) I am at peace with everything.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      3. Premeditation And Why RS Goes No Further

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

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

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

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

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

      This makes sense if:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      So. What will the judges of Cassation be seeing?


      Sunday, January 18, 2015

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

      Posted by The TJMK Main Posters



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

      1. The Court Contenders

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

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

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

      2. The Specific Charges

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

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

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

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

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

       

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

      3. Nature Of The Claims

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

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

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

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

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

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



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

      4. Example Claim One

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

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

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

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

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

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

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

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


      5. Example Claim 2

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

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

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

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

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

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

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


      6. Example Claim 3

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

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

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

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

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

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


      7. Looking Forward

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

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

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


      Friday, January 02, 2015

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

      Posted by Peter Quennell



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

      1. Summary Of The Hoax

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

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

      2. 2009 Trial Attempts To Incriminate Guede

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

      3. Summary Of What It Amounted To

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

      1. Pre-school principal Maria Del Prato

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

      2. Christian Tramontano

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

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

      3. Lawyers Matteo Palazzoli and Brocchi

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

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

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

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

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

      4. A Major Unfairness To Guede

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

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

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

      5. What Guede’s Team Could Have Brought Out

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


      Thursday, January 01, 2015

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

      Posted by Peter Quennell



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

      1. Overview Of The Post

      This post provides the translated testimony of lawyer Matteo Palazzoli.

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

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

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

      There will be an overall assessment in the next post.

      2. Testimony Of Matteo Palazzoli

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

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

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

      GCM:  Please proceed.

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

      MP:  Lawyer.

      LM:  Where is your legal office?

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

      LM:  Together with lawyer Brocchi.

      MP:  Together with lawyer Brocchi.

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

      MP:  Yes.

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

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

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

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

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

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

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

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

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

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

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

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

      LM:  It’s a Sony.

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

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

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

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

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

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

      MP:  No.

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

      MP:  Made to Lawyer Brocchi.

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

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

      LM:  Lawyer, do you know Rudy Hermann Guede?

      MP:  No.

      LM:  Have you heard of him?

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

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

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

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

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

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

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

      LM:  What kind of boy?

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

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

      MP:  No, absolutely.

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

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

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

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

      LM:  Had the bathroom been used?

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

      LM:  Thank you.

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

      MP:  Yes, no signs of use, no odor.

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

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

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

      MP:  Honestly I would not be able to remember.

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

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

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

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

      GCM:  Not in a wardrobe?

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

      GCM:  A coatrack.

      MP:  A coatrack, yes.

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

      MP:  Yes.

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

      MP:  A small gathered pile of glass.

      GCM:  Purposely put there?

      MP:  I don’t know that.

      GCM:  A little gathered pile, not scattered..

      MP:  Not scattered glass as the ones”¦

      GCM:  Not scattered glass but a small pile.

      MP:  A small pile of glass.

      GCM:  Originating from the broken window?

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

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

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

      GCM:  It’s not that the invoice has”¦

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

      GCM:  Okay.

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

      GCM:  Please proceed.

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

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

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

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

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

      MP:  Yes.

      LM:  “¦ let’s say with enough range”¦

      MP:  More than where the jackets were located.

      LM:  Thank you.

      MDG:  May I, President, just one question?

      GCM:  Yes, please proceed, Lawyer.

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

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

      MDG:  On the computer model, President.

      MP:  No.

      MDG:  It was not inserted?

      MP:  No.

      MDG:  Thank you.

      GCM:  The witness is excused.

      There are no other questions; the witness is dismissed.

       


      Friday, December 26, 2014

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

      Posted by Peter Quennell



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


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

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

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

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

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

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

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

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

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

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

      GCM: Please proceed.

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

      PB: Good morning.

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

      PB: Lawyer.

      LM: Where is your legal office?

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

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

      PB: Yes.

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

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

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

      PB:  From what I remember, yes.

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

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

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

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

      LM: Does your office have an alarm?

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

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

      PB:  Yes, apparently

      LM:  Was that the only break in?

      BB:  Yes

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

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

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

      PB:  More or less

      LM:  Did you find a ladder close by?

      PB:  No

      LM:  Did you find other tools?

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

      LM:  Anyhow it was not easy to climb up.

      PB:  Absolutely not.

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

      PB:  Yes

      LM:  Where was it found, inside or outside?

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

      LM:  What was taken from inside the office?

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

      LM:  Lawyer, were money and checks stolen too?

      PB: No, there were none.

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

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

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

      PB:  Yes.

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

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

      LM:  Did they turn on the heating?

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

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

      PB: Of the lawyer Palazzoli, yes.

      LM: Was it discovered at a later date?

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

      LM:  Therefore the telephone and computer?

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

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

      PB: No, the telephone is a Nokia.

      LM: It is a Nokia, model 6310.

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

      LM: Like this one, so to….....

      PB: Yes, exactly.

      LM: 6310.

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

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

      PB: No, fine.

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

      PB:  No, absolutely not.

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

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

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

      PB: Doctor Luciano Morini that…....

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

      PB: Yes.

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

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

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

      PB:  Yes.

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

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

      LM: That which Guede said to you.

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

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

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

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

      PB:  No, I’m not able to answer.

      LM:  Thank you.

      GCM:  Please proceed.

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

      PB:  Via del Roscetto, 3.

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

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

      LG:  An what about this terrace window?

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

      LG:  From the outside how much can it”¦

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

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

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

      LG:  Via del Lupo

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

      LG:  Thank you, I wanted to clarify that.

      GCM:  Mr. Prosecutor, please proceed.

      PM:  (unintelligible - no microphone) ?

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

      PM:  (unintelligible - no microphone) ?

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

      PM:  (unintelligible - no microphone) ?

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

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

      PB:  No, never.

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

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

      PM:  When did this happen?

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

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

      PB:  No, no.

      PM:  (unintelligible - no microphone) ?

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

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

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

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

      PM:  (unintelligible - no microphone) ?

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

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

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

      Note: in this moment the PM microphone is turned on

      PM:  Therefore before I could not be heard.

      GCM:  The answers have been”¦

      PM:  The answers were”¦

      GCM:  Yes.

      PM:  I understand.

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

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

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

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

      PB:  Never, never.

      PM:  Did you receive an extension of the investigation?

      PB:  Never, never.

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

      PB:  Raised ground floor.

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

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

      PM:  What is the distance from the ground?

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

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

      PB:  No, it is a door

      PM:  Therefore all the way to the ground.

      PB:  Yes

      PM:  How high is it?

      PB:  More than two meters for sure.

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

      PB:  I presume at least another meter.

      PM:  Another meter to arrive to the balcony.

      PB:  At least.

      PM:  Where was the porphyry rock found?

      PB:  On the balcony, on the outside.

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

      PB:  The situation.

      PM:  So the rock was outside.

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

      PM:  They were on top of the glass.

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

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

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

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

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

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

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

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

      GCM:  Maybe put this record at”¦

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

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

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

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

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

      LG:  (unintelligible no microphone) ?

      GCM:  The question in relation to this document?

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

      PB:  So it is in Perugia.

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

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

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

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

      GCM:  Only on the objects.

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

      GCM:  So only the cell phone.

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

      GCM:  Agreed. Other questions?

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

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

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

      PB:  From via del Lupo, yes

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

      PB:  Yes, I confirm.

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

      PB:  It is perpendicular just under the window.

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

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

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

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

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

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

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

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

      LM:  On the landing?

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

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

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

      LM:  Thank you.

      GCM:  When did this take place?

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

      GCM:  So how many days after the theft?

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

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

      There are no other questions; the witness is dismissed.

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

      LM:  Lawyer Palazzoli



      Tuesday, December 23, 2014

      Calling Planet Knox: Maybe Chris Mellas And Bruce Fischer Need To Rein In Their Crackpot Brigade

      Posted by Peter Quennell





      Above is Chris Mellas with Curt Knox, who we are told maybe thinks the way-too-rabid Mellases now damage the prospects of Knox. 

      Here is some chest-thumping babble on the reliably dishonest website GroundReport by one of Chris Mellas’s crackpot gang, the singularly foolish crackpot Jay.

      Today I examine the role of the Italian judiciary in the framing of Amanda Knox and Raffaelle Sollecito for the murder of Meredith Kercher, the skillful way Giuliano Mignini used the Italian media to hold the entire judiciary hostage to his career ambitions, and why I believe the Italian judiciary may finally be ready to fully exonerate Amanda and Raffaelle of any involvement in the murder of Ms Kercher.

      This case has been out of the hands of Dr Mignini for over five years - if it ever was fully in his hands. He initially took a decidedly mild stance against Knox, who he thought, through drugs and mental problems, had got in over her head and Meredith’s death was not planned.

      In fact from the day after Knox’s arrest the no-nonsense Judge Matteini and Judge Ricciarelli led the case all the way to trial. They got all their information directly from THE POLICE. In light of hard evidence and a psychological report they insisted a potentially dangerous Knox be kept locked up. In April 2008 Cassation very strongly agreed.

      Pretty bizarre to see a Mignini witchunt in this, or a judiciary about to reverse itself on years of meticulous work.

      At the time of the Meredith Kercher murder on November 1, 2007, the Italian judiciary was was locked in a struggle with the Perugian prosecutor Giuliano Mignini. Mignini was facing charges for abuse of office, relating to his “˜Narducci Trail’ investigations.

      This is more chest-thumping babble by the crackpot Jay. Dr Mignini rarely even talks to the media and he is regarded by good reporters as especially careful with the truth. The Italian justice system is not only one of the world’s most careful and most pro-victim-rights, it is very popular and trusted in Italy second only to the President who is also the Justice System’s top dog.

      Dr Mignini’s past caseload as a prosecutor was quite mundane as Kermit’s meticulous and powerful Powerpoint showed. Perugia and its region of Umbria are among the most prosperous and least crime-ridden in Italy toward which the very popular Dr Mignini contributed a great deal over the years.

      Dr Mignini rose to his present seniority of Deputy Prosecutor-General in Umbria because on his merits he consistently excelled. He is often on national TV (among other things ridiculing conspiracy theories and the too-ready blaming of crimes on satanism) and has high-level professional friends and supporters throughout Italy, not least in Florence where he has known senior colleagues since law-school.   

      Mignini and his colleague Michele Giutarri had both been indicted after Mignini had Mario Spezi arrested and briefly imprisoned, in connection with the Monster of Florence crimes. Spezi was released just three weeks later, after an intense media campaign by his writing partner the American author Douglas Preston.

      But rather than back off of his satanic sect Narducci trail investigations, Mignini instead plowed ahead with still more satanic sect cases. At the time of the Kercher murder, Mignini had a case unravelling in Florence against a pharmacist and friend of Spezi’s named Francesco Calamandrei.

      When the Calamandrei case was dismissed in 2008, Mignini pressed his next “˜satanic sect’ case against the 20 innocent people in Florence, including Spezi and members of the Narducci family. Mignini had also tried at first to link the Kercher murder to “rites related to Halloween”.... It is these two convictions, these two false convictions, which the Italian judiciary is in my view trying so desperately to protect.

      More chest-thumping babble by the crackpot Jay. The vast majority of Italians believe the truth of the Monster of Florence case is as set out in the exceptional book Il Mostro by Michele Giuttari in which there really was and is a shadowy group. It was for proving this that a desperate Florence prosecutor took Mignini and Giuttari to court.

      We have shown repeatedly that the fading fiction-writer Preston often does not tell the truth. After his near-arrest for falsifying evidence to seek to make Spezi and himself world-famous for “solving” the MOF case,  Preston took off out of Italy like a terrified rabbit and has tried to prove he actually has a backbone ever since.

      Italians know that in his one brief formal interview with Dr Mignini Preston melted down. He blubbered and wailed while he lied and lied, and was considered so incompetent and naive he might as well be given a break.

      Here from a public document arguing for custody of Mario Spezi (the “brains” of the two, if that is not a stretch) is a conversation between the publicity-hungry Inspector Clouseaus (through public sources we have also obtained the tapes) thinking here that they have made the cops look like foolish dupes:

      [The word “passeggiata” (leisure walk) in the context of these statements makes little sense literally; in fact, it is a code word by which both Spezi and Preston mean the police visit to Villa Bibbiani that Spezi and Zaccaria are plotting to trigger by way of a letter they wrote reporting false incriminating testimony, and by way of which they expect the police to find the false pieces of evidence contained in six boxes that they are going to place in the villa. Preston is aware of this intended fraud, and he is happy about it, because he presumably expects that from such an operation their “Sardinian track” theory would gain visibility as a media scoop and he and Spezi would become world-famous from it, sell a lot of books, and make a lot of money out of it. So “passeggiata” is really the police eating their bait, going there, and finding their forged false evidence in the house.]

      In conversation n. 17077 of Feb. 18. 2006, PRESTON calls Mr. SPEZI, who informs him, expressing satisfaction:

      “We have done everything.. I mean”¦ we went and we did it”¦  you know my telephone is ugly [sic]”¦”

      and Mr. PRESTON, still in a chummy and allusive tone:

      “Oh yes, I understand perfectly, yes, hey”¦ the”¦ the”¦ the “˜passeggiata’ isn’t that”¦ isn’t that”¦ we have “¦  someone has done the “˜passeggiata’?”

      and the journalist pointed out, interspersing that with chuckles of satisfaction: “No, no, no, but”¦ they are going to do it!!”

      and Mr. PRESTON: “Yes, yes”¦ but”¦ isn’t that interesting wow”¦.”

      and Mr. SPEZI: “”¦. We told them to do it !”

      At PRESTON’s question about when they would be going to do the “˜passeggiata’, SPEZI answers: “Well”¦ I don’t know but I hope soon” and at a further question by PRESTON, he says: “In.. within.. within the 24th”

      SPEZI again answers: “I hope yes”, laughing.

      Then, Mr. Preston adds: “It’s fantastic!... Oh the end maybe, I don’t know but”¦”

      and Mr. SPEZI: “That would be beautiful!” still sniggering, and Mr. PRESTON agrees enthusiastically.

      After his charging, in conversation n. 17231, Mr. PRESTON calls SPEZI and tells him that they need to speak about it in person.

      The criminal operation stands out even more egregiously in conversation n. 16950 of February 13. 2006, between Mr. SPEZI, the deviser of the plot, and his right hand man Nando Zaccaria; and when RUOCCO gives Mr. SPEZI “information” about the name of the person who allegedly attended the villa, Mr. SPEZI himself calls Mr. ZACCARIA, and, while making him understand that Mr. Gianfranco Bernabei had already been contacted and the report-complaint had been given to him, he adds: “So he called me.. not him Gianfranco”¦ the other guy, we have an appointment at 2:30pm, because he knew about the name”; and ZACCARIA cries out: “Beautifullllll!” with satisfaction.

      In conversation n. 17095 of February 19. 2006, Mr. SPEZI calls Mr. ZACCARIA again and urges him to explain him (to the Flying Squad chief) thoroughly about the “six small boxes”, that is to convince him that the objects are related to the murders. Mr. ZACCARIA tells him that he already explained it to the other guy and says: “If they go there they must look very well.. at everything”¦”, and Mr. SPEZI: “What I mean to say”¦ if he finds a hairpin this doesn’t mean anything to him”¦”, making him understand that he will need to “work” him out.

      Mr. ZACCARIA adds in the end: “Then I told him, well while we go”¦ when it’s”¦ when you are going”¦ he says anyway he advises us”. Mr. SPEZI says he agrees and Mr. ZACCARIA reassures him saying he [Bernabei] doesn’t know anything about the case and never dealt with it, then he complains about that the nowadays officers are incapable of doing their job. Thus the chief of the Flying Squad, Dr. Fillippo Ferri, will need to be led by “malicious” Mr. ZACCARIA. Then Mr. SPEZI asks Mr. ZACCARIA to advise him when he goes there (to the Villa). Anyway we remand to the unequivocal content of the conversation, at pages 6, 7 and 8 of request n. 114/06 G.I.De.S.

      Back to analysing more from the crackpot Jay.

      And Mignini, by continuing to file “˜Narducci trail’ cases, and invoking the same “˜satanic sect’ conspiracy theory, was holding the judiciary hostage to his unprincipled career ambitions.  The challenge Mignini presented to the Italian judiciary, was how to stop Mignini’s witch hunt of innocent citizens, without also discrediting the “˜satanic sect’ convictions of Vanni and Lotti in the Monster of Florence cases.

      The task of acting as a kind of judicial baby-sitter to Mignini, fell to Judge Paolo Micheli [who] presided over Rudy Guede’s fast track trial in 2008 ““ which was also the pre-trial hearing against Amanda Knox and Raffaelle Sollecito, to certify the case against them as warranting a full trial. The challenge for Judge Micheli, was to walk Mignini back from the edge, but without so completely devastating Mignini’s reputation, that the public might begin to question the validity of the satanic sect theory which had been used in the convictions in the Monster of Florence murders.

      This is 180 degrees wrong. Judge Micheli is believed to have been leaned on but ultimately the courts at all levels came round to confirming that Dr Mignini had no choice but to act and he acted quite right. The notion of a satanic sect goes way back and Dr Mignini was more doubtful about it than most.

      Judge Micheli’s ruling was scathingly overturned by Cassation, and some of the cases against malicious meddlers were resumed. Spezi has been in court after court - just a couple of weeks ago, he lost yet another defamation case brought by Michele Giuttari.

      But Judge Micheli allowed Mignini’s case against Knox and Sollecito to go forward to trial. Had Judge Micheli simply done his job, properly heard and investigated Mignini’s case, the only fair outcome would be full dismissal. What Mignini has pulled off is a kind of blackmail. Mignini wanted his promotion at all costs, and was willing to convict and imprison dozens of innocent people to get his way. Amanda and Raffaele are only two of Mignini’s more recent victims, but there are scores of damaged lives left behind in the wake of Mignini’s lust for career advancement.

      The crackpot Jay has defamed American prosecutors too? Probably not. Typical of the cowardly Mellas-Fischer gang he writes in English in the United States in a language and from a distance which makes him feel safe. Dr Mignini has zero record of overzealous or wrongful prosecution, and very, very few cases reversed on appeal, and nobody at all in Italy would buy this defamatory crap.

      After Michelli dismissed the case against the Florence 20 in 2010, Judge Hellman’s appeal court fully acquitted Amanda Knox and Raffaelle Sollecito for any involvement if the murder of Meredith Kercher in October of 2011.

      Hello?! Hellman’s verdict was ANNULED for terrible law, and for illegally trying to repeat the complete trial (absent the witnesses, who he ridiculed) instead of sticking to the few points that had been appealed. Cassation annuls very, very few cases, and reversing this corrupted overstretch was universally seen in Italian law circles as right.

      Extraordinarily, Judge Micheli waited over one year to release his motivation report, only doing so about two months after the Hellman court released its motivation report in favor of acquittal. Motivation reports in Italy, are normally due in 90 days. I believe Judge Micheli’s delay in releasing his motivation report, was to allow him the opportunity to conform his report to that of Judge Hellman.

      Good grief. What is the crackpot Jay on about here? Judge Micheli was leaned on, and he knew he had got the law wrong, and he presumably expected to be overturned - which Cassation very scathingly did. No wonder his homework was not handed in on time; he feared losing his job and serving time.

      The Narducci trail case of the Florence 20, was sent back down absent the element of criminal conspiracy among the defendants. In essence, the case was rigged for dismissal, a fact confirmed by Michele Giutarri in a magazine interview earlier this year. Whereas the case against Ms Knox and Mr Sollecito was rigged for conviction.

      A previous cassation ruling against Rudy Guede in his fast track process where Guede’s defense waived the right to challenge the evidence, determined that Guede had killed Meredith along with others. Cassation ruled that Knox and Sollecito’s trials should be bound by that finding, which is grossly and patently unfair.

      There was nothing unfair. This is a foolish meme. Cassation simply ruled that two others had been involved and that had been proved. It was proved in the 1/4 of the trial that was held behind closed doors where two recreations connected all the dots of the vicious 15-minute taunting attack on Meredith. Both defenses without argument accepted this.

      As irrational as the cassation ruling overturning the Hellman acquittal may seem, there may be a deeper reason behind it. In an article from CBS news earlier this year, Doug Longhini writes: “Following the verdict, judge Hellmann didn’t pull punches.  He declared: “the evidence was nonsense.”  Suddenly, several prosecutors and judges became the targets of criticism claiming they had mishandled the case from the beginning.” ...

      For his part, Berlusconi and his party were at war with Italy’s prosecutors and judges.  The Prime Minister was trying to reign in their investigative powers.  Prosecutors, for their part, were trying to put Berlusconi in jail.”  Seen in this light, the court of cassation reversing the acquittal of judge Hellman is not an act of judicial wisdom, but one of self preservation. To avert a political investigation among their own members, Italy’s court of cassation had to reverse Judge Hellman’s acquittal.

      The addled Doug Longhini is consistently out to lunch both on the excellent Italian system and the Perugia case as have been the entire CBS team - no wonder they have said very little for several years.

      The courts at all points have simply done the right thing and public opinion has been very solidly behind them. Almost every Italian knows that RS and AK carried out the attack. The courts are not in self-preservation and charges against the toothless Berlusconi still stand.

      One can sense the political pendulum swinging first in favor of conviction, then back towards acquittal, then back again towards conviction. And events that unfolded just this year, cause me to believe that the Italian judicial-political pendulum is once again swinging back in favor of acquittal. Giuliano Mignini has received his promotion. In his new role, he will never again prosecute a case or lead an investigation, he is only allowed to sit with other judges on appeals courts. So the judiciary can be confidant there will be no more Mignini led witch hunts.

      Only recently in the past few weeks, the last of the criminal charges against Mignini have been allowed to languish, due to statute of limitations. So Mignini is out of legal jeopardy.  Despite the fact that the only trial on the merits resulted in a conviction and jail sentences for both Mignini and Giutarri, neither will be going to jail, or being held accountable for the crimes they were found to have committed at their first level trial. In the end, it may be said that the Italian judiciary found it easier to promote Mignini, then to jail him

      More babble. Dr Mignini was NEVER in legal jeopardy as everyone in Perugia knew - a judge had signed the wiretap of the prosecutor who unwittingly confirmed a Florence cabal and Dr Mignini and his boss and all his colleagues KNEW he would overturn the spurious conviction on appeal.

      Dr Mignini did overturn the verdict in Florence on appeal - the appeal judge’s ruling was the hardest-line “there is no case” - and as with ex-Judge Hellmann, both the rogue prosecutor and the rogue trial judge are now out.

      Dr Mignini commendably kept pushing back and he won and won and won against the malicious meddlers in the MOF case. On 3 December the great reporter Andrea Vogt posted this:

      Those following the side trials that have spun off or become entangled in the Amanda Knox trial might be interested to know that the now infamous and often-cited abuse of office investigation against Perugia prosecutor Giuliano Mignini, which once made such big headlines in the U.S. and UK media, has officially resulted in no charges, and the investigation has been closed.

      An initial conviction stemming from 2006 wiretaps and the Monster of Florence investigation was overturned and annulled in Florence on appeal [in 2011]. The court ordered that the case be transferred to Turin for any future investigation. Earlier this year he was acquitted of nearly all the accusations.  The Turin court on Tuesday chose to shelve the last remaining question regarding the wiretapping of a La Stampa journalist earlier this week, ruling it was time barred.

      The court’s ruling finally settles the long debated question of Mignini’s record: He has no abuse of office conviction, and there is no longer any active investigation into such allegations.

      The other protagonist, Mario Spezi, on the other hand, still has quite a few problems on his hands. His 2006 arrest eventually resulted in the high court (cassation) ruling No. 865/2013 deeming that the following crimes occurred: aggravated interfering with public investigation from Febuary 2004 to summer 2006, aggravated attempted judicial fraud between February and May 2004 and aggravated slander and defamation for naming Antonio Vinci as linked to the Monster of Florence homicides in 2006.

      For this last charge, Spezi could be held liable in civil court. But he will never be sentenced for any of these crimes, because after the cassation sent it back down for trial at the appeal level, the appeals court in Perugia shelved the case, ruling that the statute of limitations had passed for any further prosecution. And once again, true justice grinds to a halt, caught up in the gears of Italy’s slow and messy system.

      In the meantime, Spezi’s faulty thesis on the Monster of Florence case has landed him in court in several other jurisdictions, where ex-Florence homicide cop Michele Giuttari has been pressing forward with slander and defamation charges related to accusations made about him in his now discredited Monster of Florence yarn that Spezi and his American co-author, Douglas Preston made into a bestseller, pinning the blame on an innocent man in the process. [Bold added here]

      And so the plot thickens.  Giuliano Mignini was made into a convenient media villain when a high-profile American was being tried across the courtroom from him . . . on trumped up allegations that have since fallen unceremoniously to the wayside. Amanda Knox and Raffaele Sollecito, who Mignini initially prosecuted, await the decision of their final appeal before the court of cassation in March 2015.

      Back to analysing more from the crackpot Jay.

      In short and to sum things up: Mignini has gotten his promotion which he valued above the liberty of the innocent; Mignini’s Narducci Trail investigations are over for good; the Monster of Florence convictions against Vanni and Lotti claiming their participation in a non-existent satanic sect are safely in the past; and the war between the Italian judiciary and Burlesconi is in a state of a truce.

      For all of these reasons, I believe the pendulum of Italian politics has again swung in the direction of acquittal, and the Italian judiciary is once again in a position to finally recognize, and exonerate, Amanda Knox and Raffaelle Sollecito.

      It may be a good idea for the crackpot Jay to not hold his breath on this. Cassation and the Florence appeal court have been the most hardline on this. And it was Judge Matteini with the police not Dr Mignini who drove the case forward in 2007 and 2008. As explained above, Dr Mignini had almost no guiding hand, and on 17 December 2007 gave Knox a real break. A shot to get herself off - which she herself tanked.

      Prior to that long conversation with Knox on 17 December at her request, where Dr Mignini played eminently fair and she had to be stopped as she was incriminating herself, they had barely spoken any words. Once briefly at the house on the day of the crime, once briefly when Knox was shown the knives, and once briefly when Dr Mignini presided over the reading of her rights on 6 Nov. That was it. From the post directly below, see also this:

      In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.

      As explained near the top here, from 7 November it was Judge Matteini and Judge Ricciarelli, not Dr Mignini, in the saddle, and they got all of their information directly from the police. Prior to the Guede and Knox/Sollecito trials Dr Mignini did not guide the process, impossible though that seems for the Mellas/Fischer crackpots to believe.

      These facts, and in conjunction with the ECHR soon to take up the conviction of Ms. Knox for Calumnia in the European Court of Human Rights, provides the Italian Court of Cassation, in March of 2015 when they hear the appeal from conviction of Knox and Sollecito, with the opportunity and incentive to quietly discharge the case, and reinstate the verdict of Judge Hellman, finding that Knox and Sollecito are innocent of any involvement in the murder of Meredith Kercher, and innocent of the crime of “˜staging a crime scene’ because the crime does not exist.

      Reinstate Judge Hellmann?! He is being investigated for his suspect role in bending the 2011 appeal right now! Again, it may be a good idea for the crackpot Jay to not hold his breath on this.

      The appeal to the ECHR in Strasbourg is dead in the water because Knox herself made up all the claims of the supposed violations of her human rights. She has ZERO case. Read this series here.

      By the way, for his wild defamations and his contempt of court, Crackpot Jay opens himself to the exact-same charges Knox and Sollecito and Knox’s parents and Sforza all still face.


      Friday, December 12, 2014

      Why All The Desperate Attempts To Prove Rudy Guede Was A Burglar Have Fallen Flat

      Posted by Peter Quennell




      1. The Knox-Sollecito State Of Play

      On average we get an email or two from readers in Italy every day.

      Maybe half are from Italians and half are from foreigners who are resident there. This is from an appreciative American who is married to an Italian and now lives in Milan.

      I go back to Perugia and my friends there as often as I can - everything there is very special to me. Perhaps this sounds a little strange but, to me, the city seems to have lost it’s innocence with Meredith’s murder. I still haven’t met anybody in Italy - from North to South (or from Switzerland either) who believes that Amanda Knox and Raffaele Sollecito are innocent.

      No-one in Italy any longer seems to believe that AK and RS or of course Guede were not involved. The courts have made their case.

      There has simply been too much documentation, too much commentary broadcast on TV, too many disturbing facts coming to light like Knox having sex for drugs with a drug kingpin right up to the night of her arrest.

      The incessant bickering of the two has become a bore. Trials against Sforza, Aviello, and Sollecito proceed and more charges against Amanda Knox and Curt and Edda Mellas remain.  Since this time last year neither of the two has won even one point.

      2. More Proof Undermines The Guede Hoax

      Can you figure out what the image at the top depicts?

      This is the north end of the massif from the east. Right at the center is the law office of Dr Paolo Brocchi, whose office was burgled and whose laptop turned up in the possession of Rudy Guede in Milan. Meredith’s house is visible at top-right and Patrick’s bar, the English girl’s house and the courts are all off to the left.

      At the bottom of the image below in the center is a narrow dark ally. Whoever broke in seems to have done so via that ally and a narrow balcony on the second floor of the law offices. 






      The killer-groupies refer to Rudy Guede as the FORGOTTEN killer though there is no logical reason why. He doesnt hog the limelight but he is convicted and he is doing his time.

      The killer-groupies claim Guede was a drug dealer (untrue), a petty thief (unproven), a knife wielder (untrue), who threatened a man (untrue), a police snitch (untrue) who killed Meredith alone during a burglary which went wrong (untrue). Quite a list of false claims. 

      There is in fact zero evidence proving Guede acted alone. Meredith’s missing money was equivalent to money Knox could not explain.  Read the 45 posts here for all the proof the killer-groupies ignore.

      Absolutely key to the verdict of the trial court were the TWO recreations of the attack on Meredith. Each pointed to three attackers. Both were presented in closed court. 

      Please follow the images below to see how a burglar broke into Dr Brocchi’s office two and a half weeks before Meredith was killed.

      The front door of the law office is at street level. Because the ground slopes down at the rear, the law office is one level above ground level. That is where the glass in the French doors was broken and the break-in may have occurred. 




      Above and below: images of law office at the street level from the front,






      Whether it was Guede or not (there are good reasons for thinking it was not) he or she broke in around the back, up that alley, in the dark, where there is a quite easy reach up to the floor of a narrow balcony outside the French doors.



      Above and below, law office from back, balcony is at hard left not visible here





      Above and below, law office from back, balcony is visible one floor up from ground level





      Above law office from back, balcony is visible one floor up from ground level



      What does that climb resemble? See the final image below. It fairly precisely resembles the climb in the dark onto Meredith’s balcony, also at the back, a route which two separate sets of burglars used in 2009.

      It does NOT resemble at all the climb into Filomena’s room, much higher, in bright light, which to this day not one person has been able to emulate, and which would actually resemble a climb to the office windows at the front in bright streetlight . 

      Those who claim that climbing into Filomena’s window was anyone’s known “modus operandi” are not telling the truth.




      Above, Meredith’s house from the east with balcony used by burglars at the back


      There were no fingerprints in the office and to this day nobody can say for certain what the burglary was really about.

      Only that certain legal papers had been accessed and it is held probable in Perugia that someone was trying to interfere with a legal case. Two other offices at the back were bypassed. 

      Neither Dr Brocchi nor Ms Maria Del Prato who encountered Guede in her nursery school in Milan pressed charges against him for assault or theft. Their testimonies at trial were low-key and puzzling but certainly did not leave Guede in a worse light. Neither had an axe to grind with him.

      So the Milan police and courts finally acted against Guede merely for being in possession of a couple of items of stolen property. Nothing more.

      If Guede had no already been convicted he would have served no prison time.

      But as we recently reported he gets an additional 16 months in prison and his work-release is denied.  Guede’s final appeal to Cassation has just been turned down.

      The killer-groupies should move along. Demonizing Guede with false claims and lying to justice departments (their new angle) will never ensure Knox remains free.


      Wednesday, November 05, 2014

      Denial Of Parole For Rudy Guede Could Be Yet More Bad News For Knox And Sollecito

      Posted by Peter Quennell



      Above and below: Mammagialla prison at Virterbo north of Rome where Guede is


      Rudy Guede has been in prison at Viterbo for seven years less only several weeks now.

      Despite his claims via closed-circuit TV that he has had an exemplary record and has nearly finished a college degree, the Italian parole oversight board in Rome has just declined his work release application.

      Rudy Guede has been treated fairly, and does seem to have behaved himself, and there is zero evidence he was on a crime wave or dealt drugs or acted as a snitch for the Perugia police.

      Despite that, he has never been given any breaks in the past seven years except as described here by the current system. 

      That post in fact reflects the view of a number of pro-victim Italian judges and prosecutors who personally incline toward the UK and US practice of plea bargaining under which the accused puts realistic evidence on the table and rolls over on accomplices and shows real remorse, in return for which lesser charges are arrived at.

      The grounds for refusing work-release parole were not published, but if this is a way of pressuring Guede into further pressuring Knox and Sollecito? Go for it.







      Wednesday, October 29, 2014

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

      Posted by Cardiol MD




      1. Overview Of This Series

      In 2007 Dr Chiacchiera was the Director of the Organized Crime Section and the Deputy Director of the Flying Squad.

      He was one of the most senior and experienced law enforcement officers to testify at the trial. His testimony and his cross examination by the defenses occupied a lot of time of the court late in February 2009. He covered the following ground.

      (1) He found Knox and Sollecito uncooperative when he asked them questions.

      (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

      (3) Phone records and the police investigation into the accused phone activity the night of the murder.

      (4) Discovery of pornographic magazines at Sollecito’s house.

      (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.

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

      All the translation is by the ever-dedicated main poster ZiaK. This series is highlighting some key portions. Here is the full 50-page transcript which will be posted in the trial testimony area of McCall’s great Wiki.

      (GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

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

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

      {Witness begins Testimony re cellphones and is interrupted}

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

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

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

      {Witness answers clearly}

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

      {Court asks good clarifying Q}

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

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

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

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

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

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

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

      {Court interrupts witness's response with good Q}

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

      {Examiner asks witness relevant Q, adding redundant Q}

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

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

      MC: I mean to say, not “¦

      {Examiner preambles re her redundant Q but is interrupted}

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

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

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

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

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

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

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

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

      GCM: Excuse me, please.

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

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

      {Witness communicates uncertainty to Court}

      MC: But it is so difficult, however.

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

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

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

      GCM: Excuse me”¦

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

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

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

      MC: He’s not referring to declarations.

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

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

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

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

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

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

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

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

      {Witness interrupts with statement re unspecified further elements}

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

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

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

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


      Thursday, September 25, 2014

      Analysis #2 Of Testimony Of Dr Chiacchiera, Organized Crime Section: Discounting Any Lone Wolf

      Posted by Cardiol MD



      Dr Chiacchiera (talking) with his team explaining reason for charges in another case

      Overview Of This Series

      In 2007 Dr Chiacchiera was the Director of the Organized Crime Section and the Deputy Director of the Flying Squad.

      He was one of the most senior and experienced law enforcement officers to testify at the trial.  His testimony and his cross examination by the defenses occupied a lot of time of the court late in February 2009. He covered the following ground.

        (1) He found Knox and Sollecito uncooperative when he asked them questions.

        (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

        (3) Phone records and the police investigation into the accused phone activity the night of the murder.

        (4) Discovery of pornographic magazines at Sollecito’s house.

        (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.

      All the translation is by the ever-dedicated main poster ZiaK. This series is highlighting some key portions. Here is the full 50-page transcript which will be posted in the trial testimony area of McCall’s great Wiki.

      This post continues analysis of the evidence that the lone burglar/lone wolf theory was not credible to those that were first on the crime scene and that the “break-In” to Filomena Romanelli’s room was to them obviously faked.

      (GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

      Public Prosecutor Comodi [MC] Leads Testimony

      Judge Massei [GCM}:  Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, “¦ there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

      {Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}

      Manuela Comodi [MC}:  Well, in short, they were called “¦ they are the only ones who can describe the whole progression of the investigations - Dr Profazio and Dr Chiacciera ““ because they are directors, they are the only ones who will come to describe for me, thus, what was the progression of the investigations. Clearly, in order to pass from one investigative act to another rather than “¦ and the choice of the subsequent investigative acts. It’s clear that they have to describe, in order to make a complete reasoning, even the lines of thought that, as Dr Chiacchiera said, it sometimes happens that they make. However, one point: apart from the break-in, apart from the broken window, there are “¦ did you acquire further elements that corroborated the idea that there had been a burglary? Nothing from Romanelli’s room had been carried off? Valuable things had been taken?

      {Examiner acknowledges Court's admonition, argues importance of her witness's testimony, and segués into triple-Q addressed to witness re elements corroborating idea of burglary.}

      Dr Chiacchiera [MaCh]:  This ... in fact, in the progress ...

      {Witness begins to answer, but is interrupted by Examiner}

      MC:  Was a declaration/complaint of theft made then, with a list of the things taken?

      {Examiner interrupts witness with new double-Q}

      MaCh:  In the logical progression, if I may in some way still, in summary, say what “¦.

      {Witness begins narrative response but is interrupted by Court}

      GCM:  Say the objective facts, if you have “¦.

      {Court interrupts witness, beginning to admonish him to respond by testifying to objective facts, but is itself interrupted by witness}

      MaCh:  Nothing disappeared, so a burglar would have had difficulty “¦

      {Witness answers 3rd Q of Examiner's above triple Q, but then launches into a narrative beginning: "so…", but Court interrupts}

      GCM:  Excuse me, nothing had disappeared? Before all else, what thing .... you knew what things were in that room that did not disappear?

      {Court interrupts, questioning basis for witness's statement that "Nothing disappeared"}

      MaCh:  Yes, because, shall we say, the investigation elements that then subsequently emerged, allowed us to deduce that from Romanelli’s room absolutely nothing disappeared. There was a complete mess/chaos, but nothing disappeared from Romanelli’s room. And this is another element to [lead us] to obviously deduce that the desired hypothesis of a burglar and of a theft was objectively “¦ But then the burglar does not [sic] close the door and throw away the key. The burglar does not cover the victim. The burglar “¦

      {Witness answers Court's Q, with narrative explanation including reference to "the key", and Court interrupts}

      GCM:  Excuse me. They key. What is this detail about the key? What is it?

      {Court asks Q simple Q re "the key" - with apparent transcriptional error: "They key"}

      MaCh:  There was no key.

      {Witness answers Court's Q}

      GCM:  There was no key where?

      {Court asks simple Q}

      MaCh:  Those who entered into the inside of the house first found the door closed. A closed door that then aroused the suspicions and that then gave concern and then it was decided to “¦ to break [it] down.

      {Witness responds to Court's Q with narrative explanation}

      GCM:  Excuse me, on [sic] Romanelli’s room there was no key?

      {Court asks another simple Q}

      MaCh:  No, I’m talking of Meredith’s room, Mr President; Meredith’s room was locked by key.
      This is another “¦ how to say, the investigative deductions that we drew from these details that emerged, also from the declarations that we gathered.

      {Witness responds to Court's Q, and informatively amplifies A}

      MC:  Was it normal that Meredith closed herself [sic. i.e. her room] by key?

      {Examiner asks witness a simple Q}

      MaCh:  No.

      {Witness gives simple A}

      MC:  And did you find the key of Meredith’s room?

      {Examiner asks witness a simple Q}

      MaCh:  No.

      {Witness gives simple A}

      MC:  So it was closed by key, but there was no key inside?

      {Examiner summarises witness's testimony re key and poses a simple Q}

      MaCh:  But there was no key inside, so that it was necessary to break down the door in order to enter. Also the almost inexplicable detail of the presence of two cellphones in a garden of a house, doesn’t tend to favour the thesis of someone who enters and who accidentally, so to speak, finds a person and then kills them, because [he] is forced to kill them because they have seen [his] face.

      {Witness responds to Q in form of confirming-repetition and amplifies A in expanded narrative-form}

      MC:  But is via Sperandio far from via della Pergola?

      {Examiner poses vague Q re proximity of 2 streets}

      MaCh:  No. And there we tried to deduce. And via Sperandio, as I said earlier, Doctoressa, is not far from the house. We discussed [this] to understand why these telephones went and ended up there “¦

      {Witness answers simply, and respectfully, introducing " the house" on one of the streets, seguéing into subject of the mobile telephones and is interrupted by the Court}

      GCM:  Excuse me. When you say it is not far from the house, can you specify at what distance? How one reaches it?

      {The Court's interruption is also vague, with double-Q, referring to an unspecified "it"}

      MaCh:  Not far from the house means that, by following a route that any Perugian knows, Mr President, one passes through a park and one arrives, let’s say, near the gateway of Porta Sant’Angelo. So for this reason, as the crow flies, how much would it be, but less [sic] “¦ three hundred, four hundred metres. But to reach it by foot from via della Pergola to via Sperandio I think that it doesn’t take more than 5, [or] 7 minutes.

      {Witness responds to Court in explanatory narrative form

      MC: But do you have to pass by via Garibaldi?

      {Examiner asks simple Q}

      MaCh:  Yes. But you can also pass through the park ““ there’s a park that then comes out right in front.

      {Witness answers Q, and amplifies his response}

      MC:  Of the villa?

      {Examiner seeks clarification of witness's response}

      MaCh:  In front of the villa, at the entry to the villa. Looking from the street that crosses with the provincial [road], the one that, shall we say, borders the villa, whoever is looking at it, I repeat, I ““ who am 44 years old, am Perugian ““ I did not know that there was a garden behind there.

      {Witness clarifies his response, amplifying further}

      MC:  And how far away is via Sperandio from via Garibaldi, corso Garibaldi?

      {Examiner asks apparently simple Q}

      MaCh:  it’s parallel. It’s very close, very very close. It’s 200 metres away, as the crow flies. I think even much less, because they are almost parallel, let’s say. Even that is something that in some way made us understand that there was an interest in getting rid of those cellphones, clearly, by whoever did that thing there.

      {Witness gives detailed response;
      See: "Just seeing police could panic the killers into instant dumping of the telephones, without even needing to know why the police were where the police were (There is no need to invoke any awareness by the phone-dumper[s] of the reason the Police were near Mrs. Lana's place - the hoax-call.). So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana's place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off)." In TJMK: "Updating Our Scenarios And Timelines #2: An Integrated Comparison Of The Timing of the Phone-Events." 6/28/2013}

      MC:  When you arrived for the first time in via della Pergola, did you enter the room of the crime?

      {Examiner asks simple Q}

      MaCh:  Immediately, no. I went in afterwards, when Dr Mignini also arrived; and later with Dr Lalli. Then I had, how to say, occasionally entered when the crime-scene inspection of the Forensic Police, of the colleagues arrived from Rome, was already begun, so late. I didn’t stop long inside the house, I say the truth, also because the measures/orders that I issued immediately were those, yes, of deducing, [of] drawing out all the investigative elements that might emerge in the immediate surroundings [and/or immediately after the facts] to seek to immediately direct the investigation activity, but also to “freeze” [sic. i.e. to solidify, or to make concrete] another aspect, which was that of hearing/questioning all the people who might tell us details on Meredith’s stay in Perugia, in general, but above all on her final hours, on her visits/visitors, everything about those who Meredith had known in some way and “¦ This was the thing that we considered logical to do precisely in relation to this, to these first investigative deductions that we drew from the [above]-described crime-scene.

      {Witness gives detailed narrative reply}

      MC:  And so that same day you were present when they began to hear/question…

      {Examiner begins preamble to presumed Q, but is interrupted}

      MaCh:  Yes.

      {Witness interrupts Examiner with witness's answer to assumed Q}

      MC:  “¦ the people [who were] acquainted with the facts.

      {Examiner completes interrupted Q-in-the-form-of-a-statement, which omits Q-mark}

      MaCh:  I was present. I did not participate personally in the examination [of witnesses], but I was present, in the sense that both with [my] colleague Profazio and with [my] other colleague from the central operative service”¦

      {Witness responds with narrative description of circumstances, but is interrupted}

      MC:  from Rome.

      {Examiner interrupts with her assumed next part of witness's response}

      MaCh:  from Rome. We began to put the pieces together, excuse my [use of] the expression; that is to say all the “¦ all the elements that emerged from the examination of witnesses, were checked, were gradually verified/cross-checked.  Both with cross-checks that enlarged the group of witnesses, of the people to be heard/questioned, and with the checking of the alibis of many people, [as well as] with a technical activity that was carried out.

      {Witness confirms Examiner's assumption, and completes his narrative description of circumstances}

      MC:  That is to say?

      {Examiner enquires as to witness's reference to indefinite "technical activity"}

      MaCh:  A technical activity. A bugging activity was carried out. There was also an activity carried out also for the cross-checking of the phone [activity] printouts. There was an activity to understand also the cross-checking of the [phone] cells. There was a very wide-range activity carried out. Without excluding, I repeat, all also [sic] ... shall we say, the minor hypotheses. For example, the news arrived of a Maghrebi who had been in a rush to wash his own clothes in a launderette, not too far from the scene of the crime. This piece of information was excluded for a very simple reason, because from the first results of the investigative inquiries, he had arrived there in the early afternoon, but instead, in the early afternoon of the day before her death, Meredith was still alive [sic]. Because from the witness examinations we had determined that the last person who had seen her alive, saw her in the late afternoon. After which, we also did another series of checks relative to the one [sic] that there was a strange telephone call that the people who found the cellphones in the famous villa, the beautiful one on via Sperandio, had received in the evening. However, we had, how to say, understood that it was a case of a boy who had made a call from Terni and of a strange coincidence, but absolutely irrelevant for the investigation activity. Indeed, we made checks on all the hospitals in order to evaluate, to check, whether maybe there were [patients] who had presented blade/cutting wounds that in some way might have been compatible with a wound, let’s say, or at any rate with a reaction by the victim. Only one had presented, it was a [person] from Foligno who, [while] cutting salami, had cut their hand during the trip back from an away-game with Foligno ““ he was a football fan. Nothing else. So no investigative hypothesis was rejected. It was, obviously, because this is how it is done, and thus I believe that it is logic, we began to discuss/think in a certain way, because we had deduced from all this scen, another series of further elements, that is to say that the person “¦.

      {Witness responds with prolonged narrative re "technical activity" and seems to pause}

      MC:  Speak. Don’t be afraid to say it.

      {Examiner urges witness to continue}

      MaCh:  No, no. I’m not afraid.

      {Witness argues with Examiner}

      MC:  That is, let’s say, when was it that the investigations turned to, [started] to focus on today’s defendants?

      {Examiner asks simple Q}

      MaCh:  When on the evening of “¦ they did not focus on today’s defendants, that is to say, progressively the analysis of the investigative elements made us “¦ made us start, even us, to suspect. Because going into a house, finding a [sic] door of Meredith’s room closed, a [sic] door of the apartment opened, faeces in the toilet [bowl], while I take a shower, a series of bloody prints”¦

      {Witness responds in narrative form and is interrupted}

      MC:  However the faeces were in which of the two bathrooms?

      {Examiner interrupts witness with clarifying Q}

      MaCh:  Of the bathrooms. Me, if I take a shower in a bathroom where there are faeces, instinctively I flush the toilet, in short.

      {Witness makes non-responsive subjective statement and is interrupted}

      MC:  Yes, but the faeces were in the other bathroom.

      {Examiner engages witness in argument}

      MaCh:  Yes, yes, I understood. However, in short, in some way it comes instinctively, no?, to flush the toilet? The fact is that “¦.

      {Witness joins argument and is interrupted}

      GCM:  Excuse me, do you know how many bathrooms there were in the house?

      {Court interrupts argument with simple Q}

      MaCh:  Two.

      {Witness ignores actual Q and responds with answer to assumed follow-up Q}

      GCM:  Two bathrooms. Excuse me, please. Do you know that a shower was taken?

      {Court asks another simple Q, using vernacular ref. to whether a person used the shower, rather than that the the shower device was taken away.}

      MaCh:  Yes.

      {Witness answers Court's actual Q}

      GCM:  How do you know?

      {Court asks simple follow-on Q}

      MaCh:  I know because it is a thing that I cannot, I believe, report because it was “¦.

      {Witness seems to answer in non-responsive, subjective narrative form, and is interrupted}

      GCM:  But you checked”¦?

      {Court seeks objective answer to his simple Q}

      MaCh:  I am trying to be very very careful.

      {Witness hints that he has reasons for apparent evasion}

      Giulia Bongiorno [GB]:  Mr President, we are talking of nothing.

      {Sollecito's lawyer chimes in with distracting comment}

      GCM:  Excuse me, Attorney.

      {Court appears to admonish GCM not to chime-in without specified legal-objection}

      MaCh:  Well, the main point [is] that very slowly we began to understand that there were strong inconsistencies in the revelations that were made. And there were behaviours that on the part of above all, indeed exclusively, of Sollecito and Knox, appeared to us as [being], at the very least, particular. Behaviours both immediately after the event ““ a sort of impatience/irritability shown [with regard to] the investigation activity that we were carrying out, and obviously we could not but ask [NdT: i.e. “we had to ask”] those who were close to Meredith [about] elements that we considered useful, even necessary, in order to continue the investigation activity.

      {Witness launches into apparent justification for his evasiveness}

      MC:  Excuse me if I interrupt you. I’ll just make a few precise questions, thus: you checked, let’s say, let’s call them alibis, even if it’s a term that’s very so [sic] from American TV films, but in any case [it’s] understandable”¦ Did you check the alibis of the people closest, let’s say, to Meredith?

      {Examiner, after preamble, asks relatively simple Q}

      MaCh:  Yes.

      {Witness answers Q as phrased}

      MC:  In particular, did you check the alibis of the young men from the [apartment on] the floor below?

      {Examiner asks simple Q}

      MaCh:  Yes.

      {Witness answers Q as phrased}

      MC:  Results?

      {Examiner poses Q in casual form}

      MaCh:  Positive for them, in the sense that they were at home, in their own home, that is to say their respective houses, because they were here for reasons of study, so they were not present in Perugia during the days when “¦

      {Witness responds with allusive casual A, begins to amplify, but is interrupted}

      MC:  Because they had left for “¦

      {Examiner interrupts with suggestion for next part of witness's response}

      MaCh:  Yes, for the All Souls’ Day long-weekend, let’s call it that.

      {Withess reacts to Examiner's suggestion by stating reason for upcoming week-end absence, but not stating week-end destination}

      MC:  Did you check the alibi of Mezzetti and of Romanelli?

      {Examiner asks double Q}

      MaCh:  Yes.

      {Witness answers for both Qs}

      MC:  Results?

      {Examiner poses Q in casual form}

      MaCh:  The result in this case also [is that] Mezzetti and Romanelli were not there, so “¦

      {Witness gives clear Answer, apparently begins explanation, but is interrupted}

      GCM:  Excuse me, can you say what checks you did?

      {Court interrupts witness's testimony to ask Q re witness's method}

      MaCh:  We carried out a whole series of checks that brought us to evaluate, establish, that these persons were not present in the premises that evening.

      {Witness ignores Court's Q as phrased and answers anticipated next Q}

      MC:  Let’s say, I imagine that you heard/questioned them.

      {Examiner makes statement-in-form-of-Q with ?-mark omitted}

      MaCh:  Yes.

      {Witness answers presumed Q}

      MC:  Did they tell you where they were that evening, what they did that evening”¦?

      {Examiner seems to interrupt and asks double-Q}

      MaCh:  And in effect, we assessed/considered that “¦

      {Witness ignores Q-as-phrased and is apparently interrupted}

      MC:  And you ascertained that in effect “¦

      {Examiner apparently interrupts A and continues his interrupted multiple Q}

      MaCh:  That it was true what they had told us. I can report on the circumstance.

      {Witness seems to continue his interrupted answer and offers to expand his narrative.
      Q &A cycle is confused and confusing because of repeated multiple Qs, instead of orderly single Q & A}

      MC:  Did you check the alibi of Amanda Knox and of Raffaele Sollecito? Was there a comparison between the declarations of Amanda Knox and of Raffaele Sollecito with regard to the night of the murder, and what you were able to compare, shall we say, objectively, through the other declarations, through the phone records?

      {Examiner asks multiple Qs}

      MaCh:  Through the phone records and through the checks [that were], shall we say, objective, it was found that what Sollecito had declared was not truthful because there was a phone call that was never received [i.e. answered] by Sollecito at 23:00 hours. Because it turned out that there was no interaction with the computer, but I believe that this “¦ as declared [sic]. But above all there was an absolute incongruity of the “¦.

      {Witness summarizing findings wrt phone records, is interrupted}

      GCM:  There now. Excuse me. Maybe we will not ask the question in these terms: following the declarations, on which you cannot report, that you got from and that were given by Amanda Knox and Sollecito Raffaele, what type of investigations you carried out”¦

      {Court interrupts to restrict Qs but is interrupted}

      MaCh:  We carried out ...

      {Witness interrupts Court's interruption and is interrupted}

      GCM:  ... and the outcome of these investigations. There now. This is where we’re at.

      {Court completes it's interruption, seeming to believe he has made himself clear, but confusion still reigns}

      MaCh:  Well, in summary ...

      {Witness begins a summary, but is interrupted}

      GCM:  Following the declarations given by them, you had “¦ With regard to Sollecito Raffaele, what did you do and what [information] emerged?

      {Court interrupts witness with double-Q}

      MaCh:  It emerged that, unlike “¦

      {Witness begins to answer Court's 2nd Q, but Court interrupts}

      GCM:  What did you do, first?

      {Court repeats1st Q}

      MaCh:  We did an analysis of the telephone traffic, and from the analysis of the telephone traffic it emerged that Sollecito had absolutely not received/answered the 23:00 hours phone call as he had declared. From the analysis of the telephone traffic, there then emerged a very strange detail, in the sense that the cellphones “¦

      {Witness answers 1st Q, begins answering 2nd Q, and is interrupted by Sollecito's lawyer}

      GB:  (overlapping voices) “¦ continue with the opinions/judgements, with all the opinions/judgements.

      {Sollecito's lawyer seems to demand comprehensive testimony}

      GCM:  That which emerged.

      {Court makes seemingly cryptic statement which is probably a Q relating to witness's interrupted A to Court's 2nd Q above: "It emerged that, unlike "¦" }

      MaCh:  A detail/particular emerged ... unlike what “¦. (overlapped voices).

      {Witness resumes testimony but is interrupted, multiple voices are heard}

      GCM:  Excuse me. What emerged?

      {Court asks witness to clarify what witness was saying}
      _____________________________________________

      Here ends the Analysis of the Evidence #2, discussing that the lone burglar theory is not credible, and that “Break-In” to Romanelli’s room was faked.

      The next Post:  Analysis of the Evidence #3, will Analyse the Phone records and the police investigation into the accused phone activity the night of the murder.

       


      Monday, September 15, 2014

      Analysis #1 Of Testimony Of Marco Chiacchiera, Director, Organized Crime Section, Flying Squad

      Posted by Cardiol MD



      Dr Chiacchiera with Dr Comodi explaining reason for charges in another case

      Overview Of This Series

      Yet another vital translation which will be posted in the trial testimony areaof McCall’s great Wiki. This again is translated by the ever-dedicated main posterr ZiaK.

      Although I graduated as a medical doctor I also graduated as a lawyer, and was often in courtrooms. For this post and the rest of the Chiacchiera series I am wearing my lawyer’s hat to point out what strikes me in Prosecutor Comodi’s questions,  Marco Chiacchiera’s testimony, and the cross-examinations by defense lawyers.

      Prior Preparations And Procedures

      Under the Italian Code, before the beginning of the trial phase in Italy, the parties file a brief, detailing all evidence they want to present ““ the parties have to indicate by name every witness and precisely what these will be asked. The aims include creation of a Record of Admissible Facts.

      Also under the Italian Code, both the defendant and the prosecutor can cross-examine each other’s witnesses. The Judge may choose not to admit any testimony that appears patently superfluous, reject irrelevant or improper or irregular questions ““ such as leading questions, and Inadmissible Hearsay ““ and also ask questions to the witnesses and experts.

      Ground Covered In Dr Chiacchiera’s Testimony

        (1) He found Knox and Sollecito uncooperative when he asked them questions.

        (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

        (3) Phone records and the police investigation into the accused phone activity the night of the murder.

        (4) Discovery of pornographic magazines at Sollecito’s house.

        (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.


      My Assessment Of This Court Exchange

      It is immediately obvious to me that this witness is a skilled witness; as such, and given his deep hands-on involvement in the immediate investigation this witness’s testimony is credible.  My assessment therefore is that this was a very good and unflinching witness and that Dr Comodi shows no signs of leading the witness or seeking other than a truthful record.

      I have seen prosecutors examine witnesses differently but dont believe the resultant record would have been superior. This would have stood up well in any American court.

      (GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

      Public Prosecutor Comodi [MC]

      MC:  Dr Chiacchiera, you carried out your duties where, when, at what moment of the events?

      MaCh:  I was and am the director of the Organized Crime Section of the Flying Squad and I am the vice-director of the Flying Squad. The Organized Crime Section is a branch of the Flying Squad that deals with “¦ the term, I think that in this place [i.e. the court] it is enough to say that it deals with organized crime. However, I am also the vice-director of the Flying Squad, for which [reason] I deal with, in the case of need, everything that is necessary [for] the various aspects.

      {Witness supplies 5 items of relevant information that Examiner should elicit at beginning of examination.}

      MC:  Can you tell the Court how you became aware of events, who called you, when you became involved?

      {Examiner asks another triple-question}

      MaCh:  Yes.

      {Witness simply answers question as worded by Examiner}

      MC:  For now, start to tell us, then maybe I will intervene [NdT: i.e. interrupt with further questions] if necessary.

      {Examiner, asking no Q, instructs witness, suggesting provisional forbearance if witness does not make interruptions necessary.}

      MaCh:  On the fateful day, at around 12:33, I had gone to the cemetery with my mother. The operations room called me immediately after the discovery of the body.

      {Witness begins appropriate narrative response, but Examiner interrupts}

      MC:  So the 113? [NdT: 113 is the Italian State Police emergency number]

      {Examiner interrupts witness with a Q, suggesting witness's receipt of call from an emergency number, but suggests wrong source-number}

      MaCh:  110. The operations room of the Questura called me, and informed me of the happenings in an initially obviously very summarized manner. They said to me that there was a suspicious death, a young woman who lived in via della Pergola. I rushed to the place directly in my mother’s car. I didn’t stop by at the Questura, I didn’t go to get the service [i.e. police] car. I got myself taken to via della Pergola. We took about 15 minutes from the cemetery to there, ten fifteen minutes. In the meantime, I phoned the deputy Commissioner Napoleoni, in the temporary absence of the director, Dr Profazio, who arrived later, who was “¦ he was enjoying a period of leave, and with deputy Commissioner Napoleoni we arrived almost at the same time. We arrived almost simultaneously at the premises. Forensics, too, arrived almost at the same time at the premises.

      {Witness supplies correct source-number and resumes interrupted narrative response}

      MC:  The Perugia Forensics?

      {Examiner questions witness's correction, as if to verify and to ensure accuracy of court's record}

      MaCh:  The Perugia Forensics, I highlight, yes.

      {Witness emphatically agrees with Examiner's question}

      MC:”‹[They were] alerted by you, or ...?

      {Examiner pauses mid-Q, inviting witness to guess complete Q, or is interrupted}

      MaCh:”‹Alerted by the operations room, and also alerted by me.
      ,
      {Witness responds to invitation, or interrupts with A to assumed complete Q}

      MC:”‹So you arrive, and who do you find?

      {Examiner's 1st simple Q.}

      MaCh: “‹I found there ... there was already deputy Commissioner Napoleoni, there were also a few of Meredith’s co-tenants. There was Amanda Knox, there was Raffaele Sollecito. There were two young men who were, I believe, the friend of the boyfriend of one of the co-tenants. In short, there were a few people who had already been inside the house. There was the Postal Police.

      {Witness answers Q in reasonable detail}

      MC:”‹In the person of”¦?

      {Examiner seeks more detail re specific Postal Police Personnel}

      MaCh: “‹Battistelli and another of Battistelli’s colleagues. Inspector Battistelli, with whom there was immediately a discussion in order to understand what were the reasons for his intervention there, because it is not normal to find the Postal [police] in a crime of this sort. And he explained to me immediately what was the reason for his intervention. The origin of the, shall we way of his intervention, was due to the discovery of a pair of cellphones in a period of time, I believe, of an hour, [or] two, I don’t recall clearly, that were one in the name of one of Meredith’s co-tenants and one in the name of, later it [sic] “¦ I mean the SIM [card], obviously, the cellphones’ SIMs, the cards, they were in the name of a co-tenant and the other in Meredith’s [name]. The co-tenant, however, then told us, we then ascertained that both of the cellphones in fact were used by Meredith. And already that was, how shall we say, a first detail on which we began to reflect because, in fact, that was an element than in some way made us [become] immediately occupied/involved from an investigative point of view.

      {Witness responds to Q and includes relevant amplifying narrative, anticipating probable future Qs re cellphones}

      MC: “‹So, excuse me, also if the Court already, shall we say, knows this, because others have reported it, on this point however, where were the cellphones found?

      {Examiner seems to interrupt with simple Q to clarify specific relevant fact not yet reached}

      MaCh:”‹Inside the garden of a villa that is in via Sperandio.

      {Witness responds appropriately}

      MC:”‹In via Sperandio.

      {Probably a Q, but implicitly inviting more specificity}

      MaCh: “‹A villa that ... I am Perugian, [and] honestly, I didn’t even know there was a villa there. I’m Perugian, and I swear that I would have sworn [sic] that behind there was a wood.

      {Witness flounders, seems unable to be more specific}

      MC:”‹A field

      {Probably a Q, but implicitly inviting more specificity}

      MaCh: “‹It [was] the first time that I went in behind there. Instead, I see a marvelous old mansion with an enormous garden that gives ... that is almost adjacent to the street ““ the street that leads towards Ponte Rio. Anyone from Perugia understands me maybe.

      {Witness seems to be in informal conversational mode}

      MC: “‹From the structure of the fencing/enclosure, could you tell, shall we say, whether it was possible to throw these cellphones from the street, or whether it was necessary to enter the garden itself?

      {Examiner engages witness, and asks Q to clarify how cellphones got into that garden}

      MaCh: “‹Yes, obviously, we checked that. In fact, immediately, in short, the detail that seemed, how shall we say, of great investigative interest was that [very point], besides other details that I will go [into] a bit [sic], so to speak, also to give the impression of what the immediate impact was that we saw in the moment when we found ourselves in a situation of this type. So, deputy Napoleoni immediately entered inside the house in order to check it for herself. I did it [entered] shortly afterwards, also because [as] you will imagine that in that moment whoever was there had to notify all those who [sic], amongst whom Dr Mignini who was the Public Prosecutor on duty, and immediately give orders so that the correct checks are carried out. Because it was not just a crime scene that had to be analysed immediately: there also had to be, how shall we say, correlated with the information that we had got from via Sperandio ““ because the entry of the Postal [police in the case] originated with via Sperandio. And so we immediately asked ourselves: “Ah, what are these cellphones belonging to poor Meredith doing inside the garden of a villa?” And then And then immediately after, we asked ourselves, obviously, what might be the profile of the possible, or probable, murderer, and we discussed/talked about the crime scene. The crime scene immediately seemed fairly strange to us, if you wish [NdT: literally “if we wish” in Italian, but meaning the same as “shall we say”, “if you wish”, “so to speak” etc.]

      {Witness responds to Q with detailed narrative}

      MC:”‹Why?

      {Examiner asks ambiguous Q, probably wrt crime scene seeming "fairly strange "}

      MaCh:”‹Because the door did not show”¦ the entry door to the villa did not show signs of break-in. The we checked “¦

      {Witness seems to decipher ambiguity correctly, begins narrative response, but is interrupted by Examiner}

      MC:”‹We are not talking about the villa on via Sperandio obviously?

      {Examiner interrupts with Q, apparently not comprehending Witness's narratives}

      MaCh: “‹For the love of god! It was called a “villa” “¦ (overlap of voices), let’s say the house, of the house on via della Pergola there was no forcing/break-in. We found a forcing on the window. The window is this one, on the side of the house. I don’t know if you’ve seen the house? Anyhow, it is this one on the side of the house that can be seen immediately when you come down the slope from the gate. Logically reconstructing the thing, a hypothetical prowler [NdT: literally “ill-intentioned person”] who entered the house, breaking the glass with a rock - because inside the room, which was Romanelli’s room, which was the, shall we say, hypothetical arena of the entry, was completely in utter chaos. For that reason, what should we have hypothesized? That the hypothetical prowler took a rock, managed to throw the rock; the shutters, the external ones, the external shutters were not “¦

      {Witness is exasperated at Examiner's apparent incomprehension, is repeating his previous testimony, but is interrupted by Examiner}

      MC:”‹The dark-green wooden ones?

      {Examiner interrupts with Leading Q re colour of external shutters. Now begins a confused and confusing colloquy. The arrangement of Filomena Romanelli's window, with Outside, and Inside Shutters, the Broken-Glass-Frame in-between, and the glass-splinters on the window-sill is complicated and needs a picture-exhibit that the witness can refer-to; this is apparently not provided, leading to the confusions}

      MaCh:”‹The dark-green wooden ones were half shut, for which reason [he] must have had an aim like “Pecos Bill” [NdT: a cartoon Wild West cowboy], takes aim and throws that rock, smashes the window. After, he climbs up and does a turn on the little slope, and has to clamber up towards the window on the smooth surface, it seems to me, that from the ground up to the window there are two and a half metres-three [metres]. And then would have said: “bah, in short” [sic]. Yeah, well, the thing seemed to us…. in short, the first hypothesis that the investigator normally does, finds a level of unlikelihood of this kind of happening. After which, we looked at the house and we saw that an entry of a potential prowler [ill-intentioned person], still reasoning on the hypothesis”¦

      {Witness amplifies narrative response but is interrupted by Examiner}

      MC:”‹Of theft.

      {Examiner inappropriately interrupts, incorrectly guessing what witness was about to say}

      MaCh: “‹Of theft ending badly. Of theft that then degenerates because the burglar in some way thinks that he will find no-one in the house and instead finds a person, and then it degenerates “¦ We saw that there were easier means of entry, without wishing to bore you, but behind the house there was the possibility of climbing in a much easier way, without being seen by people that might have passed in the road. Let’s remember that, in short, it was not very late; quite the contrary. Normally people passed there, for which reason, if [he] had done it, the thing would probably have been seen. That thing there, as an hypothesis, we didn’t immediately discount it, that’s clear, because it’s a good rule to never discount any hypothesis. But we immediately considered that it was not a priority.

      {Witness corrects Examiner's wrong guess, amplifies and seems to end narrative response}

      MC:”‹Dr Chiacchiera, I interrupt you. (The witness is shown an exhibit.)

      {Examiner, seems to acknowledge her habit of interruptions without actually interrupting, while introducing an unspecified exhibit. This introduction seems very informal, because Exhibits are normally identified by an assigned title.}

      MaCh:”‹Ah! I didn’t remember it as being so big.

      {Witness recognizes unspecified exhibit}

      MC:”‹Precisely! You saw it? This is the rock that ...

      {Examiner engages witness, stating it is "the rock".}

      MaCh:”‹Yes, but it has been some time I have not, how shall we say, yes, I saw it. Absolutely.
      However, it’s big, it’s huge.

      {Witness engages Examiner, commenting on how large the rock exhibit is}

      MC:”‹Do you consider that it could be this?

      {Examiner ambiguously (what are "it" & "this "?) asks witness's opinion}

      MaCh:”‹I believe so.

      {Witness seems to overlook ambiguity of Q with vague A)

      MC:"‹I try "¦

      {Examiner begins to speak but is interrupted}

      Judge Massei [GCM]:”‹How?

      {Court interrupts as if to ask Q how Examiner 'tries'}

      MC:”‹It is this. Yes, it is this one that was collected, yes, that was found.

      {Witness seems to confirm that exhibited rock is the rock found in Filomena's room}

      GCM:”‹So the rock is shown. [NdT: an “aside” for the court records?]

      {Court formally announces admission of rock-exhibit, seemingly trying to reduce confusion caused by informal dialogue}

      MaCh:”‹Inside the room where we then found the rock…
      ??:”‹But what was the question about the rock?

      {Witness amplifies that rock had been found in a room, but enquires re rock Q, exposing confusion caused by informal dialogue}

      GCM:”‹If this was the rock. And the witness said ...

      {Court begins explanation to confused witness}

      MaCh:”‹I said yes. Yes.

      {Witness interrupts Court - confusion reigns}

      GCM:”‹You saw it? You saw the rock?

      {Court asks witness 2 Qs, trying to clarify that 'it' refers to 'the rock' that witness saw.}

      MaCh:”‹Yes.

      {Witness confirms that witness had previously seen the rock introduced into court as an unlisted exhibit.}

      GCM:”‹When you saw it, where was it?

      {Court proceeds to clarify confusion re where the rock was when witness originally saw the rock}

      MaCh:”‹The rock [was] in the room of Romanelli.

      {Witness specifically testifies, for witness's first time, that when witness originally saw the rock, the rock was in Filomena Romanelli's room}

      GCM:”‹How far from the window? Can you say?

      {Court continues to seek clarification using double-Q.}

      MaCh: “‹A few centimetres [NdT: “un palmo” = “a hand’s width”] from the window sill, under the window, from the wall where the window is.

      {Witness testifies clearly in answer to Court's 1st Q of above double-Q.}

      GCM:”‹So from the internal perimeter wall, from where the window gives onto it, a “hand’s breadth”. So 20 centimetres…

      {Court apparently begins to seek verification of witness's testimony, but is interrupted}

      MaCh:”‹Mr President ....

      {Witness begins to Interrupt Court}

      GCM:”‹... away from it approximately.

      {Court finishes his interrupted statement}

      MaCh:”‹Yes.

      {Witness agrees with Court's completed statement}

      GCM:”‹And this is the rock. You remember it.

      {Court states his understanding in form of Qs.}

      MaCh:”‹Yes, yes, yes, yes. That is the rock.

      {Witness impatiently agrees with Court's understanding}

      MC:”‹At least as far as size and colour [are concerned], it corresponds thus to the one that was collected [as evidence].

      {Examiner makes statements in form of Q, seeking verification of resemblance of exhibit-rock to original rock}

      MaCh:”‹At least as far as size and colour [are concerned], it absolutely corresponds. If it was collected, I think that ...

      {Witness begins narrative agreement with statements of Examiner, but is apparently interrupted by Examiner}

      MC: “‹Very well. WITNESS [sic? Should be MaCh?] and Romanelli’s room was a complete shambles. The clothes were on the floor, the glass was strangely on top of the clothes, the [glass] shards were strangely on top of the “¦ on the windowsill, let’s put it that way.

      {Apparent Transcriptional confusion attributing to interrupted witness narrative the interrupting .statement of Examiner}

      MC:”‹The outside one.

      {Examiner seems to amplify statement of Examiner wrt which window-shutter witness had been referring-to}

      MaCh: “‹The outside one, precisely. The one that is between the shutters and the shutters [sic. NdT: “imposte” in Italian, but this can also mean shutters, or flap, as in the inner “scuri” shutters, or he may mean the window-frame itself, with the window-panes, given his following description], the green shutters and the shutters, the broken ones in short, where the glass is. The shutters ““ the wooden ones. The rock was a bit too close with regard to the wall if I [were to] throw it from least two metres. Unless it was lobbed [i.e. thrown in a high arc]. But in that case it’s rather unlikely that it would smash the glass. For that reason, I repeat, in the context of immediate likelihood, this one “¦

      {Witness agrees with Examiner that he was referring to "The outside one", continuing with narrative of reasoning, but is interrupted by Examiner…}

      MC:”‹Yes, it’s true. These are considerations. However they are considerations, shall we say, that refer [sic], because they are reasoning/lines of thought that are formed in the “immediacy” of the events [NdT: i.e. “in the immediate aftermath”. NOTE: throughout the text, a number of speakers use “immediatezza” (lit. “immediacy”) to convey a number of meanings, from “in the immediate aftermath”, or “in the immediate surroundings”, or “very soon after”, etc. I will translate them appropriately according to the context, without further explanation of the use of “immediatezza”], in order to proceed in one direction rather than another.

      {Examiner, interrupting witness, apparently agreeing with witness's reasoning. While Examiner is apparently stating his own argumentative reservations re the possible evolution-in-time of witness's changing lines of reasoning, he is interrupted by Giulia Bongiorno, Sollecito defense lawyer:}

      Giulia Bongiorno [GB]: “‹I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

      {GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

      MC:”‹But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

      {Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

      MaCh:”‹It happens to us too, at times, to reason/think rationally “¦

      {Witness joins colloquy, amplifying Examiner's argument.}

      GCM:”‹These reasonings/deductions, then determined your investigative activity in one direction rather than in an “¦?

      {Court seems to invite further amplification by witness}

      MaCh: “‹Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach ““ I won’t say conclusions ““ but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken “¦ a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as “¦ (overlap of voices).

      MaCh:”‹”¦ particular.

      {Witness further amplifies narrative}

      GCM:”‹You formed these considerations, and what did they lead you to?

      {Court asks simple Q.}

      MaCh: “‹That very probably the author or authors knew the person, or at any rate that the author or authors did not enter “¦ did not enter from the window-pane of that window.

      {Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

      GCM: “‹Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, “¦ there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

      {Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}
      _________________________________________________

      This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

      Analysis of Chiacchiera’s Testimony will continue in a future post.

       


      Thursday, June 12, 2014

      Fifty Of The Most Common Myths Still Promoted Without Restraint By The Knox PR Campaign

      Posted by The Machine



      Fooled ya! Knox’s parents have the mythmaking machine’s pedal to the floor, and arent slowing it

      Introduction

      I’ve listed the 50 most common myths circulating in the media with regard to the Amanda Knox/Meredith Kercher case and refuted them using as far as possible the official court documents and court testimony.

      1. Knox was called to the Perugia central police station on 5 November 2007.

      Neither the police nor the prosecutors brought Knox in for questioning on 5 November 2007. She was there unwanted, and stayed after it was suggested she go home and sleep.

      Amanda Knox herself testified in court that she wasn’t called to come to the police station on 5 November 2007.

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

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

      Monica Napoleoni, the head of Perugia’s homicide squad, said they told Knox she should go home to rest, but Knox insisted on staying:

      Amanda also came that evening, the evening of the 5th. We said to Amanda that she could go home to rest. Since, during those days, she was always saying, always complaining that she wanted to rest, wanted to eat, we said: “˜Look, you’ve eaten; you can go and rest yourself. If there’s a need, we’ll call you.’

      Instead, she was very nervous, and insisted on staying there.

      Inspector Rita Ficarra was the one who led the discussion on a list of possible perps with Knox.

      Rita Ficarra: My astonishment was that I saw, I found her there, and I found her doing ““ demonstrating ““ her gymnastic abilities: she was doing a cartwheel; she had shown the back arch, she had done the splits, and it seemed to me, sincerely, a bit out of place, that is to say given the circumstances, the moment and the place. For which [reason] I admonished her, and I even asked her what she was doing there.

      She, and my colleagues also confirmed this, said to me that she had come because they had called Raffaele Sollecito, he had been invited that evening to give another recap, and she had accompanied him.

      Judge Massei [GCM]: You said this to her in English or in Italian?

      RF: In Italian. I reiterate that she speaks Italian, with me she speaks only in Italian. I do not understand a word of English, so “¦ My colleagues confirm that there was Sollecito who was there in another room and in that moment the Deputy Commissioner Napoleoni and other colleagues were listening to him.

      And continuing to speak, the girl told me that she was rather shocked at the fact, annoyed at the fact that she had been called and recalled several times by the Police and [that] she was totally tired.

      At that point, I also admonished her because I said: you’re tired, yet nonetheless you came this evening, when nobody has invited you: you could have gone to rest. And furthermore ““ I said ““ you don’t understand that we are talking about a murder, of a person that you say was your friend, [who] lived in the same house as you, it happened in your house. If the Police call you, put yourself in our shoes: we need useful information.

      2. Knox was subjected to an all-night interrogation on 5/6 November.

      According to Barbie Nadeau in The Daily Beast, Amanda Knox’s questioning began at about 11:00pm.

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

      After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. She decided to made another witness statement at 5:45am, but she wasn’t asked any questions.

      3. Knox wasn’t provided with an interpreter for her questioning on 5 November 2007.

      This claim is completely false as shown through the trial testimony of Knox and her interpreter. Knox’s interpreter on 5 November 2007, Anna Donnino, testified at length at trial about Knox’s convesrsation that evening. And Amanda Knox herself spoke about her interpreter when she later gave testimony at the trial.

      4. Knox wasn’t given anything to eat or drink.

      Reported by Richard Owen, in The Times, 1 March 2009:

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

      Also reported by Richard Owen, in The Times, 15 March 2009:

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

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

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

      This is from the relevant court transcript:

      Monica Napoleoni: Amanda was given something to drink several times. She was brought hot chamomile; she was taken to the bar of the Questura to eat. First she was given brioches from the little [vending] machine.

      Carlo Pacelli: These methods of treatment, how did they translate into practice? With what behaviour/actions [were they carried out] in actual fact? Earlier, you recalled that they actually brought her something to eat”¦

      MN: It’s true. That morning, I remember that Inspector Ficarra actually took her to the bar to eat as soon as it opened. But before [that], we have little [vending] machines on the ground floor, and she was brought water, she was brought hot drinks, she was brought a snack. But also Raffaele, he was given something to drink; it’s not as though they were kept “¦ absolutely.

      Giuliano Mignini:  Had types of comfort been offered to her?

      Anna Donnino:  Well, during the evening, yes, in the sense that I remember that someone went down to the ground floor; it was the middle of the night, so in the station at that hour there are those automatic distributors; there’s nothing else; someone went to the ground floor and brought everybody something to drink, some hot drinks and something to eat. I myself had a coffee, so I believe that she also had something.





      Above: Several of the myth inventors and disseminators: Sforza, Mellas, Preston

      5. Knox was beaten by the police.

      The witnesses who were present when Knox was questioned, including her interpreter, testified under oath at the trial in 2009 that she wasn’t hit. (Under Italian law, witnesses must testify under oath, while defendants do not, so are not required by law to be truthful on the stand.)

      These are from the relevant court transcripts:

      Giuliano Mignini: Do you recall, shall we say, that night between the 1st and then the spontaneous declarations and then the order for arrest, who and what was with her, other than you, whether there were other subjects that spoke with us, how they behaved? Did [she] undergo/experience violent [sic: NdT: “violente” in Italian, probably typo for “violenze” = “violence/force/assault”] by any chance?

      Rita Ficarra: Absolutely not.

      GM: Was she intimidated, threatened?

      RF: No. I, as I said earlier, I came in that evening and there were some colleagues from the Rome SCO, I was with Inspector Fausto Passeri, then I saw come out, that is come out from the entry-door to the offices of the Flying [Squad] the Assistant Zugarini and Monica Napoleoni, who appeared for an instant just outside there, then we went back in calmly, because the discussion we had with her was quite calm.

      Giuliano Mignini: ... violence, of “¦

      Monica Napoleoni: But absolutely not!

      Mignini:  You remember it”¦ you’ve described it; however, I’ll ask it. Was she threatened? Did she suffer any beatings?

      Anna Donnino: Absolutely not.

      GM: She suffered maltreatments?

      AD:  Absolutely not.

      Carlo Pacelli:  In completing and consolidating in cross-examination the questions by the public prosecutor, I refer to the morning of the 6th of November, to the time when Miss Knox had made her summary information. In that circumstance, Miss Knox was struck on the head with punches and slaps?

      Anna Donnino:  Absolutely not.

      CP:  In particular, was she struck on the head by a police woman?

      AD:  Absolutely not!

      CP:  Miss Knox was, however, threatened?

      AD:  No, I can exclude that categorically!

      CP:  With thirty years of prison”¦ ?

      AD:  No, no, absolutely not.

      CP:  Was she, however, sworn at, in the sense that she was told she was a liar?

      AD:  I was in the room the whole night, and I saw nothing of all this.

      CP:  So the statements that had been made had been made spontaneously, voluntarily?

      AD:  Yes.

      Carlo Della Valla:  This”¦

      Giancarlo Massei:  Pardon, but let’s ask questions”¦ if you please.

      CP:  You were also present then during the summary informations made at 5:45?

      AD:  Yes.

      CP:  And were they done in the same way and methods as those of 1:45?

      AD:  I would say yes. Absolutely yes.

      CP:  To remove any shadow of doubt from this whole matter, as far as the summary information provided at 5:45 Miss Knox was struck on the head with punches and slaps?

      AD:  No.

      CP:  In particular, was she struck on the head by a policewoman?

      AD:  No.

      Even Amanda Knox’s lawyer, Luciano Ghirga, distanced himself in the Italian media from these allegations and never lodged any complaint:

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

      6. Knox was refused a lawyer.

      Rita Ficarra and Anna Donnino testified that Knox was several times advised to have a lawyer, but each she declined the offer:

      Anna Donnino:  ...she was asked if she wanted a lawyer.

      Giuliano Mignini:  And what was her response?

      AD: She had answered no; I remember that she replied with no.

      Before she insisted on drafting her 1:45 and 5:45 am accusations Knox was advised to have a lawyer advise her, but she declined and pressed on.

      Dr Mignini has wondered if the Supreme Court really understood this in banning the two unprovoked accusations from Knox’s main trial.

      7. Knox was tag-teamed by two police officers every hour.

      According to Anna Donnino, who arrived at the police station at about 12:30am, there was a total of three people in the room with Knox:

      Anna Donnino: “I had been made to enter a room where in fact there was Inspector Ficarra at a small table, another colleague from SCO (I only remember his first name; he was called Ivano), a police officer, and there was Miss Knox seated. I seated myself beside her.”





      Above: Several of the main myth inventors and disseminators: Fischer, Sforza, Moore

      8. Knox was asked to imagine what might have happened.

      According to the corroborative testimony of the three others present, including Rita Ficarra and Anna Donnino, Amanda Knox voluntarily and spontaneously accused Patrick Lumumba of murdering Meredith.

      Here is Rita Ficarra.

      We found only that one [text message] sent by her. She was given the mobile into her hand, and it was said, who is this person, and did you go out later or not? She said the name of Patrick Lumumba, and gave the declaration that then ...

      GM: And what behaviour did she then adopt/assume?

      RF: She suddenly put her hands to her head, burst out crying and said to us “It’s him, it’s him, it was him, he killed her”. It was the only time that I saw her cry.

      GM: This behaviour, did she then continue like that during the course of that morning, by now we were at what time?...

      RF: No, she was as if she was giving vent in that moment, she cried, she began to say that he was crazy, he was crazy.

      Here is Anna Donnino:

      Judge Massei: This change, at what moment did it happen, and in what did it consist of?

      Anna Donnono: The change had occurred right after this message, in the sense that the signorina said she hadn’t replied to the message from Patrick, when instead her reply message was shown to her she had a true and proper emotional shock. It’s a thing that has remained very strongly with me because the first thing that she did is that she immediately puts her hands on her ears, making this gesture rolling her head, curving in her shoulders also and saying “It’s him! It’s him! It was him! I can see/hear him or: I know it.[Lo sento]” and so on and so forth.

      Carlo Pacelli:  So the statements that had been made had been made spontaneously, voluntarily?

      Anna Donnino:  Yes.

      Here is Judge Massei.

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

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

      Judge Massei concluded at trial in 2009 that Knox had freely accused Patrick Lumumba of Meredith’s murder and awarded her a prison sentence for calunnia confirmed in 2013 by the Supreme Court for which there is no further appeal.

      9. Amanda Knox claimed she had had a “dream-like vision” in her witness statements.

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

      This is from the 1:45 am statement.

      I responded to the message by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work. In view of the fact that during the afternoon I had smoked a joint, I felt confused, since I do not frequently make use of mind-altering substances, nor of heavier substances.

      I met Patrik immediately afterward, at the basketball court on Piazza Grimana, and together we went [to my] home. I do not recall whether Meredith was there or arrived afterward. I struggle to remember those moments, but Patrik had sex with Meredith, with whom he was infatuated, but I do not recall whether Meredith had been threatened beforehand. I recall confusedly that he killed her.

      This is from the 5:45 am statement.

      I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick…  I met him in the evening of November 1st 2007, after sending him a reply message saying “I will see you”. We met soon after at about 21.00 at the basketball court of Piazza Grimana. We went to my apartment in Via della Pergola n. 7.

      I do not clearly remember if Meredith was already at home or if she came later, what I can say is that Patrick and Meredith went into Meredith’s room, while I think I stayed in the kitchen. I cannot remember how long they stayed together in the room but I can only say that at a certain point I heard Meredith screaming and as I was scared I plugged up my ears.

      10. Amanda Knox was questioned in Italian

      The police provided Amanda Knox with an interpreter, Anna Donnino, so that she could be questioned in English.

      11. Dr Mignini questioned Knox on 5 November 2007.

      Dr Mignini did not question Amanda Knox that evening. She wanted to make further declarations, and he came to the police station on the night only because he was on duty and had to witness Knox being cautioned. After Knox was cautioned that she need not say anything without a lawyer, Knox nevertheless insisted that she draft a second statement in front of him.

      Mr Mignini explained what happened in his e-mail letter to Linda Byron, a journalist for King5 in Seattle:

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

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

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

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

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

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

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

      12. Knox didn’t confess until 6am.

      Amanda Knox’s first written statement was made at 1:45am. It was not a confession, it was a false accusation.

      13. Knox retracted her allegation against Lumumba immediately.

      Amanda Knox didn’t retract her accusation immediately. In fact, she never did formally. Knox reiterated her allegation in her handwritten note to the police late morning of 6 November 2007, which was admitted in evidence: From the Massei report:

      [Amanda] herself, furthermore, in the statement of 6 November 2007 (admitted into evidence ex. articles 234 and 237 of the Criminal Procedure Code and which was mentioned above) wrote, among other things, the following:

      I stand by my [accusatory] statements that I made last night about events that could have taken place in my home with Patrick”¦in these flashbacks that I’m having, I see Patrick as the murderer”¦

      This statement was that specified in the notes of 6 November 2007, at 20:00, by Police Chief Inspector Rita Ficarra, and was drawn up following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (Massei report, page 389.)

      Knox did not withdraw the false accusation at her first hearing in front of a magistrate on 8 November.

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

      14. In the days following Meredith’s murder, Knox voluntarily stayed in Perugia to help the police

      This claim is contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she categorically stated she was not allowed to leave Italy:

      “i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house”

      Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost, a friend of Meredith, reported the following conversation (Massei report, page 37):

      “I remember having heard Amanda speaking on the phone. I think that she was talking to a member of her family, and I heard her say, “˜No, they won’t let me go home; I can’t catch that flight.’ “

      15. All of Meredith’s friends left immediately.

      The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. Sophie had been counting on leaving Perugia to fly back home as soon as her parents arrived, but the police called to tell her they needed her to stay on; they would let her know when she could leave. Her father stayed on with her.

      In chapter 19 of Death in Perugia John Follain states that Sophie Purton was questioned by Mignini and Napoleoni in the prosecutor’s office on 5 November 2007.

      16. There were only two tiny pieces of DNA evidence that implicated her, but they were probably contaminated.

      The Italian Supreme Court explained how DNA evidence should be assessed in court; i.e., contamination must be proven with certainty, not supposition. The Court stated that the theory “anything is possible” in genetic testing is not valid.

      The burden of proof is on the person who asserts contamination, not the person who denies it.

      In other words, if the defence lawyers claim the DNA evidence was contaminated, they must describe the specific place and time where it could have plausibly occurred. Nobody has ever proved that the bra clasp and knife evidence were contaminated. Even Conti and Vecchiotti excluded contamination in the laboratory:

      “Laboratory contamination was also excluded by these experts [Conti and Vecchiotti].” (The Supreme Court report, page 92.)

      (1) The bra clasp

      The fact that the bra clasp was not collected immediately because defense witnesses were not available is irrelevant. The cottage was a sealed crime scene and nobody entered the room during this time:

      ...the flat had been sealed and nobody had had the opportunity to enter, as shown in the case file.” (The Italian Supreme Court report, page 92.)

      Alberto Intini, the head of the Italian police forensic science unit, excluded environmental contamination because “DNA doesn’t fly.”

      Even Conti and Vecchiotti excluded contamination in the laboratory because Dr Stefanoni last handled Sollecito’s DNA twelve days before she analysed the bra clasp.

      Professor Francesca Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it.  His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17.

      David Balding, a Professor of Statistical Genetics at University College London, analysed the DNA evidence against Sollecito and concluded that the evidence was strong”

      “...because Sollecito is fully represented in the stain at 15 loci (we still only use 10 in the UK, so 15 is a lot), the evidence against him is strong”¦”

      (2) The knife

      Dr Stefanoni analysed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory. Meredith had never been to Sollecito’s apartment, so contamination away from the laboratory was impossible. 

      The knife and bra clasp are not the only pieces of DNA evidence.

      According to the prosecution’s experts, there were five samples of Knox’s DNA or blood mixed with Meredith’s blood in three different locations in the cottage. After the trial in 2009, The Kerchers’ lawyer, Francesco Maresca, said the mixed-blood evidence was the most damning piece of evidence against Amanda Knox.

      The Scientific Police experts concluded it proves that Meredith and Knox were bleeding at the same time.

      17. The knife has essentially been thrown out.

      The knife hasn’t been thrown out. A further DNA sample (36-I) was extracted from the blade last year and tested by the Carabinieri RIS DNA experts Major Berti and Captain Barni. The sample was attributed to Amanda Knox, the second. Judge Nencini stated in his report that Knox stabbed Meredith with the knife.




      Above: Several of the myth inventors and disseminators: Hampikian, Burleigh, Heavey

      18. The knife doesn’t match any of the wounds on Meredith’s body.

      The prosecution experts, multiple defence experts and Judge Massei in his report have all agreed that the double DNA knife DID match the large wound on Meredith’s neck.

      “On these matters, the considerations already made must be recalled which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound.” (Massei report, page 375.)

      Barbie Nadeau, an American journalist based in Rome, reported directly from the courtroom in Perugia that multiple witnesses for the defence, including Dr. Carlo Torre, conceded that the double DNA knife was compatible with the deep puncture wound in Meredith’s neck.

      According to multiple witnesses for the defense, the knife is compatible with at least one of the three wounds on Kercher’s neck, but it was likely too large for the other two. (Barbie Nadeau, Newsweek.)

      He (Dr. Carlo Torre, defence expert) conceded that a third larger wound could have been made with the knife, but said it was more likely it was made by twisting a smaller knife. (Barbie Nadeau, The Daily Beast.)

      19. The DNA on the blade could match half the population of Italy.

      Vieri Fabani, a lawyer for the Kerchers, pointed out that there is the possibility of 1 in 1 billion 300 million that the DNA on the blade does not belong to Meredith. 

      20. Meredith’s DNA wasn’t found on the blade of the knife.

      A number of independent forensic experts—Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor Giuseppe Novelli, Professor Francesca Torricelli and Luciano Garofano—have all confirmed that sample 36B was Meredith’s DNA.

      Even American experts Elizabeth Johnson, Greg Hampikian and Bruce Budowle, who have been critical of the Scientific Police’s work in this case, have conceded that the DNA was consistent with Meredith’s DNA profile.

      It should be noted that none of these American experts testified at the trial or played any official role in the case. They became involved in the case after being approached by supporters of Amanda Knox. They had no bearing on the legal proceedings in Florence.

      Judge Nencini accepted that Judge’s Massei and the prosecution’s assertions that Meredith’s DNA was on the blade of Sollecito’s kitchen knife and that it was the murder weapon.   

      21. No other knives were taken from Sollecito’s apartment.

      Judge Massei discusses a jack-knife that was 18cm long with an 8cm blade at some length and the results of the DNA tests that were carried out on it:

      “He [Armando Finzi] recalled they found another knife whose total length was 18cm, with an 8cm blade”¦” (Massei report, page 106.)

      “On the jack”‘knife, four samples were taken, with negative results where blood-derived substances had been looked for; on the fourth sample, which involved the handle, the genetic profile was found to be of Sollecito plus Knox.” ( Massei report, page 194.)

      22. The knife was chosen at random.

      Armando Finzi was the police officer who bagged the knife. He testified that he thought it was the murder weapon because it was compatible with the wound on Meredith’s neck. Andrea Vogt explained this in the same article:

      “Armando Finzi, an assistant in the Perugia police department’s organized crimes unit, first discovered the knife in Sollecito’s kitchen drawer. He said the first thing he noticed upon entering the place was a “˜strong smell of bleach.’ He opened the drawer and saw a “˜very shiny and clean’ knife lying on top of the silverware tray.

      ” “˜It was the first knife I saw,’ he said. When pressed on cross-examination, he said his “˜investigative intuition’ led him to believe it was the murder weapon because it was compatible with the wound as it had been described to him. With gloved hands, he placed the knife in a new police envelope, taped it shut with Scotch tape, then placed it inside a folder, he said. There were smaller and bigger knives in the drawer, but no others were taken into evidence from the kitchen, he said.” (Andrea Vogt, The Seattle Post-Intelligencer, 28 February 2009.)

      23. No control tests were done.

      John Follain pointed out in Death in Perugia that the control tests had been filed with another judge:

      “The tests had been filed with an earlier test, and Judge Pratillo Hellmann later admitted them as evidence.” (Death in Perugia, Kindle edition, page 409.)

      The judges at the Supreme Court in Italy noted in their report that the negative controls had been carried out:

      “...since all the negative controls to exclude it [contamination] had been done by Dr Stefanoni”¦” (Supreme Court report, page 93.)

      The judges at the Italian Supreme Court criticised the court-appointed independent experts Conti and Vecchiotti for assuming they hadn’t been done.

      24. There is no evidence of Amanda Knox at the actual crime scene.

      The crime scene involves the whole cottage and isn’t limited to Meredith’s room. Knox and Sollecito were both convicted of staging the break-in in Filomena’s room. Furthermore, there is plenty of evidence placing Amanda Knox in Meredith’s room on the night of the murder.

      For example, her DNA was found on the handle of the murder weapon, her bare bloody footprints were revealed by Luminol in the hallway and her own room and, according to the Scientific Police, her blood was mixed with Meredith’s blood in different parts of the cottage. Knox’s lamp was found in Meredith’s room, and a shoeprint in her size of shoe.

      25. None of the Luminol* stains contained Meredith’s DNA.

      Two of the traces revealed by Luminol contained Meredith’s DNA:

      “Amanda (with her feet stained with Meredith’s blood for having been present in her room when she was killed) had gone into Romanelli’s room and into her [own] room, leaving traces [which were highlighted] by Luminol, some of which (one in the corridor, the L8, and one, the L2, in Romanelli’s room) were mixed, that is, constituted of a biological trace attributable to [both] Meredith and Amanda”¦” (Massei report, page 380.)

      [* Luminol is a substance used in crime-scene investigations to reveal blood that has been cleaned up. It reacts with the microscopic particles of iron in the blood and turns it fluorescent.]

      26. Mignini is persecuting Amanda Knox.

      As shown above Dr Mignini was absent when Knox made her false accusation. Because of checks and balances, prosecutors in Italy have far less power than their American counterparts. The decision to send Knox to trial was actually made by Judge Micheli in 2008, not by Dr Mignini.

      Judge Massei, Judge Cristiani and six lay judges found Knox guilty of murder in Perugia in 2009, and Judge Nencini, Judge Cicerchia and six lay judges confirmed Knox guilty of murder at the appeal in Florence in January 2014. 

      Dr Mignini is just one of several prosecutors who have been involved in the case. Manuela Comodi was Mignini’s co-prosecutor at the the trial in 2009.  Giancarlo Costagliola was the main prosecutor in the first appeal, which was annulled by the Italian Supreme Court. He and Giovanni Galati appealed against the 2011 acquittals. Dr Mignini played no part in the new appeal in Florence. Alessandro Crini was the prosecutor.

      27. Mignini claimed Meredith was killed as part of a satanic ritual.

      Mignini has never claimed that Meredith was killed during a satanic or sacrificial ritual, and that’s the reason why no one has been able to provide a verbatim quote from Mignini supporting this false accusation.

      Mignini specifically denied claiming that Meredith was killed in a sacrificial rite, in his letter to the Seattle reporter Linda Byron:

      “On the “˜sacrificial rite’ question, I have never said that Meredith Kercher was the victim of a “˜sacrificial rite.’ “

      Mignini also made it quite clear that he has never claimed that Meredith was killed as part of a satanic rite in his interview with Drew Griffin on CNN:

      Drew Griffin: “You’ve never said that Meredith’s death was a satanic rite?”

      Mignini: “I have never said that. I have never understood who has and continues to say that. I read, there was a reporter ““ I don’t know his name; I mention it because I noticed it ““ who continues to repeat this claim that, perhaps, knowing full well that it’s not like that.

      “I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up.”





      Above: Several of the myth inventors and disseminators: Kassin, Dempsey, Douglas

      28. Mignini claimed Meredith was killed in a sex game that went wrong.

      Mignini didn’t say anything about there being a sex game that went wrong when he presented his timeline to the court at the trial. Please be warned that there is some extremely graphic content below:

      [Timeline of the attack on Meredith]

      23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.

      23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.

      23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other, however, a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.

      23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.

      23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

      There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.

      23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.

      29. Mignini called Amanda Knox a “she-devil.”

      It wasn’t Mignini who called Amanda Knox a “she-devil”;  it was Carlo Pacelli, the lawyer who represents Diya Lumumba, at the trial in 2009.

      Carlo Pacelli’s comments were widely reported by numerous journalists who were present in the courtroom. Barbie Nadeau describes the moment he asked if Knox is a she-devil in some detail in Angel Face:

      “”˜Who is the real Amanda Knox?’ he asks, pounding his fist in the table. “˜Is she the one we see before us here, all angelic? Or is she really a she-devil focused on sex, drugs, and alcohol, living life on the edge?’

      “She is the luciferina—she-devil.’” (Barbie Nadeau, Angel Face, Kindle edition, page 124.)

      30. Dr Mignini was convicted of a felony and faced prison.

      The Florence Appeal Court and Cassation scathingly threw out a malicious prosecution for which both the prosecutor and judge suffered. Dr Mignini has never faced the slightest risk of prison.  Often now seen on national TV, Dr Mignini is expected to be the next Prosecutor General of Umbria.

      31. Rudy Guede was a drifter.

      Rudy Guede lived in Perugia from the age of five, and he had his own apartment at the time of the murder.

      32. Guede had a criminal record at the time of the murder.

      Rudy Guede didn’t have any criminal convictions at the time of Meredith’s murder. He was not a drug dealer and not a police informant. As Judge Micheli scathingly noted, there is no proof that he committed any break-ins.

      33. Guede left his DNA all over Meredith and all over the crime scene.

      There was only one sample of Guede’s DNA on Meredith body and there were only five samples of his DNA at the cottage. His DNA was found on a vaginal swab, on the sleeve of Meredith’s tracksuit, on her bra, on the zip of her purse and on some toilet paper in the bathroom that Filomena and Laura shared. 

      “...also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found; DNA on the toilet paper in the bathroom near the room of Mezzetti, where unflushed faeces were found; on the bag found on the bed; on the left cuff of the blue sweatshirt (described as a “zippered shirt” in the first inspection, discovered smeared with blood near the body and partly underneath it); and on the right side of the bra found by the foot of Kercher’s body”¦” ( Judge Giordano sentencing report, page 5.)

      34. Guede left his semen at the crime scene.

      Guede’s DNA semen wasn’t found at the crime scene.

      “...also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found”¦” (Judge Giordano sentencing report, page 5.)

      “In one of these swabs was found biological material belonging to a male subject identified as Rudy Hermann Guede. This material, which turned out not to be spermatic [158], could be from saliva or from epithelial cells from exfoliation”¦” (Massei report, page 158.)

      35. Guede left his DNA inside Meredith’s bag.

      According to the Micheli report, which was made available to the public in January 2009, Guede’s DNA was found on the zip of Meredith’s purse, and not inside it.

      “...b) traces attributable to Guede: ...on the bag found on the bed”¦”  (Judge Giordano sentencing report, page 5.)

      36. Guede left his bloody fingerprints all over the crime scene.

      He left zero fingerprints. According to the Micheli report, the Massei report and Rudy Guede’s final sentencing report, Guede was identified by a single bloody palm print:

      “...b) traces attributable to Guede: a palm print in blood found on the pillow case of a pillow lying under the victim’s body ““ attributed with absolute certainty to the defendant by its correspondence to papillary ridges as well as 16-17 characteristic points equal in shape and position”¦” (Judge Giordano sentencing report, page 5.)

      It is confirmed that Guede was identified by a bloody palm print in the Micheli report (pages 10-11) and the Massei report (page 43).

      37. Guede left his hair at the crime scene.

      The Scientific Police didn’t find any hair that belonged to Rudy Guede at the crime scene. That’s why there’s no mention of this in any of the court documents.

      38. Guede pleaded guilty or confessed.

      Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He offered to testify against Knox and Sollecito at trial in 2009, but the prosecutors did not want to give him any breaks. 

      39. Guede’s prison sentence was reduced because he made a deal with the prosecutors.

      Guede was sentenced to 30 years in prison by Judge Micheli in 2008. However, his sentence was reduced because he opted for a fast-trial, which means he automatically received a third off the sentence of Knox and Sollecito. Generic mitigating circumstances—i.e., his young age—were also taken into consideration.

      40. Guede didn’t implicate Knox and Sollecito until much later.

      Rudy Guede first implicated Knox and Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo:

      Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”

      Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”

      41. Amanda Knox didn’t know Rudy Guede.

      Amanda Knox testified in court that she had met Rudy Guede on several occasions.

      Here’s the court transcript:

      Carlo Pacelli (CP), Patrick Lumumba’s lawyer: In what circumstances did you meet him (Rudy)?

      Amanda Knox (AK): I was in the center, near the church. It was during an evening when I met the guys that lived underneath in the apartment underneath us, and while I was mingling with them, they introduced me to Rudy.

      CP: So it was on the occasion of a party at the house of the neighbors downstairs?

      AK: Yes. What we did is, they introduced me to him downtown just to say “This is Rudy, this is Amanda”, and then I spent most of my time with Meredith, but we all went back to the house together.

      CP: Did you also know him, or at least see him, in the pub Le Chic, Rudy?

      AK: I think I saw him there once.

      CP: Listen, this party at the neighbors, it took place in the second half of October? What period? End of October 2007?

      AK: I think it was more in the middle of October.

      42. Raffaele Sollecito had never been in trouble with the police.

      Raffaele Sollecito had a previous brush with the police in 2003.

      “...Antonio Galizia, Carabinieri [C.ri] station commander in Giovinazzo, who testified that in September 2003 Raffaele Sollecito was found in possession of 2.67 grams of hashish.” (Massei report, page 62.)

      43. Sollecito had an impeccable track record.

      Sollecito was monitored at university after being caught watching hardcore pornography featuring bestiality:

      “...and educators at the boy’s ONAOSI college were shocked by a film “˜very much hard-core…where there were scenes of sex with animals with animals,’ at which next they activated a monitoring on the boy to try to understand him. (Pages 130 and 131, hearing 27.3.2009, statements by Tavernesi Francesco).” (Massei report, page 61.)

      44. Sollecito couldn’t confirm Knox’s alibi because he was sleeping.

      The claim that Sollecito couldn’t confirm Knox’s alibi because he was sleeping is completely contradicted by Sollecito’s witness statement:

      “Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8:30 or 9pm.

      “At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.” (Aislinn Simpson, The Daily Telegraph, 7 November 2007.)

      Police said Raffaele Sollecito had continued to claim he was not present on the evening of the murder. He said:

      “I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call, and I stopped only when Amanda came back, about one in the morning, I think. (The Times, 7 November 2007.)





      Above: The two provisionally convicted who originated some of the cancerous myths.

      45. Amanda Knox had never been in trouble with the police.

      According to Andrew Malone in an article on the Mail Online website, Amanda Knox was charged with hosting a party that got seriously out of hand, with students high on drink and drugs, and throwing rocks into the road, forcing cars to swerve. He claimed the students then threw rocks at the windows of neighbours who had called the police. Knox was fined $269 (£135) at the Municipal Court after the incident (crime No: 071830624).

      Barbie Nadeau also reported that Knox had had a previous brush with the law:

      ...and her only brush with the law was a disturbing-the-peace arrest for a house party she threw.” (Barbie Nadeau, Angel Face, Kindle edition, page 6.)

      According to the police ticket written by Seattle Police officer Jason Bender, Knox was issued with an infraction for the noise violation and warned about the rock throwing:

      I issued S1/Knox this infraction for the noise violation and a warning for the rock throwing. I explained how dangerous and juvenile that action was.

      46. Amanda Knox was retried for the same crimes.

      All criminal cases in Italy are subject to three levels of review. No verdict is final until it has been confirmed by the Supreme Court.

      Amanda Knox was not retried. She simply appealed her provisional 2009 convictions. The first appeal was held in Perugia in 2011, where she was provisionally acquitted by Judge Hellmann.

      However, the Italian Supreme Court annulled the acquittals because Hellmann was found to have made a series of grave legal errors, and ordered a new appeal in Florence.

      47. The Italian Supreme Court ruled that Amanda Knox’s interrogation was illegal.

      The Italian Supreme Court has never stated that Amanda Knox’s recap/summary session on 5 November 2007 for the building of a list of names was illegal.

      Bruce Fischer, who runs the Injustice in Perugia website and had heatedly denied this, eventually admitted this was not true on Perugia Murder File.net website:

      “When it comes to the admissibility of the written statements, you are technically correct. The interrogation itself was never ruled illegal.”

      Note that as stated above it was not an interrogation.

      48. The Supreme Court threw out Amanda Knox’s statements.

      The Supreme Court ruled that the 1:45am and 5:45am statements Knox insisted upon couldn’t be used against her in the murder trial because she wasn’t represented by a lawyer when she made them, even though she declined the presence of a lawyer.

      However, both her statements were used against her at the calunnia component of the trial.

      49. Dr. Stefanoni and the forensic technicians broke international protocols.

      There is no internationally accepted set of standards. DNA protocols vary from country to country, and in America they vary from state to state. For example, New York state accepts LCN DNA tests in criminal trials.

      Conti and Vecchiotti cited obscure American publications such as the Missouri State Highway Patrol Handbook and the Wisconsin Crime Laboratory Physical Evidence Handbook, not international protocols.

      50. Amanda Knox is being railroaded or framed.

      It would be immensely difficult in the Italian system for police or prosecutors to frame anyone and sustain this through two levels of appeal. With all its checks and balances and its professional career paths, it may be the system least prone to false final convictions in the world.

      A number of Knox’s supporters, including Judy Bachrach, Paul Ciolino and Steve Moore, have claimed in the US media that Amanda Knox is being railroaded or framed, but they mis-state multiple facts and provide no hard proof or any reason why. The Hellmann appeal was wiped off the books, but they wrongly still draw upon that.

      The collection of the DNA and forensic evidence was videotaped by the Scientific Police and, as the judges at the Supreme Court noted, defence experts were actually in the police labs to observe the DNA tests and reported nothing wrong:

      “...the probative facts revealed by the technical consultant [Stefanoni] were based on investigative activities that were adequately documented: sampling activity performed under the very eyes of the consultants of the parties, who raised no objection”¦” (The Supreme Court report, page 93.)

      The legal proceedings against Sollecito and Knox have been monitored throughout by US officials from the Rome embassy, and they at no time have ever expressed any concerns about the fairness or legitimacy of the judicial process.

      Sources

      Court documents
      The Micheli report
      The Massei report
      Judge Giordano sentencing report
      The Supreme court report
      The Nencini report

      Court testimony
      Amanda Knox
      Anna Donnino
      Monica Napoleoni

      Articles
      The Daily Mail
      The Times
      The Telegraph
      The Daily Beast
      The Seattle Post-Intelligencer

      Books
      Death in Perugia, Kindle edition, John Follain
      Angel Face, Kindle edition, Barbie Nadeau

      Television programmes
      Drew Griffins’ interview with Giuliano Mignini on CNN

      Websites
      The Freelance Desk: http://thefreelancedesk.com
      Perugia Murder File.org: http://www.perugiamurderfile.org
      Perugia Murder File.net: http://perugiamurderfile.net
      CPS website: http://www.cps.gov.uk/publications/prosecution/lcn_testing.html
      Seattle-Post Intelligencer: http://blog.seattlepi.com/seattle911/files/library/knoxincidentreport.pdf


      Sunday, May 11, 2014

      The Knox Interrogation Hoax #1: Overview Of The Series - Multiple Knox Versions v One Stark Truth

      Posted by The TJMK Main Posters



      [Amanda Knox at trial on 28 February, the day Inspector Rita Ficarra testified]

      1. A Guide To Posts In The Series

      The Interrogation Hoax Series currently includes these 21 posts and there are several trial posts to come.

      Click for Post: #1: Overview Of The Series - The Two Version of the 5-6 Nov 2007 Events

      Click for Post: #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov

      Click for Post: #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness

      Click for Post: #4: More Hard Realities Fron Rita Ficcara, More Nervousness From Defense

      Click for Post: #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov

      Click for Post: #6: Sollecito Transcript & Actions Further Damage Knox Version

      Click for Post: #7: Testimony Of Witness Lorena Zugarini On The Knox Conniption 5-6 Nov

      Click for Post: #8: Testimony Of Interpreter Donnino On Events Night Of 5 November

      Click for Post: #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov

      Click for Post: #10: Why Prosecution And Defenses Never Believed Knox’s Version #1

      Click for Post: #11: Why Prosecution And Defenses Never Believed Knox’s Version #2

      Click for Post: #12: Proof Released That In 5-6 Nov Session Knox Worked On Names List

      Click for Post: #13: The First Two Pre-Trial Opportunities Which Knox Flunked

      Click for Post: #14: The Third Pre-Trial Opportunitty Which Knox Flunked

      Click for Post: #15: Dr Mignini’s Knowledge Of Knox “Interrogation” Explained To Media

      Click for Post: #16: The Fourth Pre-Trial Opportunity Which Knox Flunked

      Click for Post: #17: Sollecito April 2008 Before Supreme Court Again Coldsholders Knox

      Click for Post:#18: The Final Pre-Trial Opportunities Which Knox Flunked

      Click for Post: #19: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #1

      Click for Post: #20: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #2

      Click for Post: #21: Illustrating How Batshit Crazy The Interrogation Hoax Has Become

      It includes a lot of new translation of case transcripts only recently acquired. So one can say with a lot of confidence that this is The Real Thing and any other version is fake.

      Remember Knox and Sollecito sat through all of the investigators’ pre-arrest testimony at trial, downhearted and apprehensive, and there were no smiles and few interruptions. Sollecito refused to get on the stand, so from his team there really was never a rebuttal. Knox HAD to get on the stand, for two days, because she had no other way to defend herself against the crime of falsely framing Patrick for murder.

      Read the State’s scenario in Part 2 and Knox’s scenario in Part 3 below. Knox’s version inevitably weakened a lot under challenge, and it contradicted in many places what you can read here. So… She ended up serving three years. While on the stand she confirmed that she had been treated well, stiffing thousands of supporters duped into believing she was not.

      2. Court-Accepted Events Of 5-6 November 2007

      This is an overview of Knox’s so-called “interrogation” at Perugia’s central police station, the subject of the first ten posts.

      It led to her arrest and three years served. To make this picture really firm we will quote a lot of the testimony at trial. The Case Wiki carries all of these transcripts, many in English translation, and more. 

      Senior Inspector Rita Ficarra testified that she arrived back at the police station late on 5 November, and finds her way blocked by a cartwheeling Knox.

      She rebukes Knox, who testily responds that she is tired of the investigation. Rita Ficarra tells Knox to go home and get some sleep. Knox testily refuses, and remains there.

      Shortly after, Ficarra suggests to Knox that if she really wants to help, she could add to the list of possible perps - men who Meredith knew and who might have visited the house.

      This was a recap/summary, a simple checking of facts with someone who might or might not be of help. This could have been done on a street corner or in a house by a single officer. It was not a witness or suspect interrogation. From the transcript:

      Ghirga: “While this interrogation - let’s call it thus - was in progress, some colleagues arrive…”  Ficarra: “It was not an interrogation, Attorney.” Ghirga: “They are called recaps/summaries.

      Knox eagerly agrees. So they begin on the list.

      This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total only Knox and four others (three of them women) are present.

      Knox builds a list of seven people and adds maps and phone numbers (placed in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.

      At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused.

      In a separate wing Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks, and declares that Knox went out alone on the night, and made him lie.

      Napoleoni moves through the questura to share this with Ficarra and suggests to discuss the night of the attack with Knox in more detail and clarify all those who were present. Knox is not informed of Sollecito’s backtrack. She is asked for names on her phone and shares them. There is an outgoing to Patrick but no prior incoming. Knox is asked who Patrick is.

      Suddenly, to the considerable surprise of others present, Knox has a yelling, head-clutching conniption (the first of several that night) and says “It’s him, it’s him, it was him, he killed her”. The session is halted.

      Despite warnings she should not do so without a lawyer, Knox insists on a recorded statement which says she headed out to meet Patrick that night after he texted her. She accuses Patrick of killing Meredith. 

      Efforts are made throughout the next several hours to try to help Knox to calm down. Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.

      A second session ending at 5:45 is intended as merely a formal reading of Knox’s legal status and her right to a lawyer, with Dr Mignini presiding. She is to be held as a material witness and for her own protection.

      Again warned that she should not speak without a lawyer, and no questions can be asked, Knox still insists on a second spontaneous accusation culminating in a second recorded statement.

      This also says she went out to meet Patrick that night, also accuses Patrick of killing Meredith, and now also hints that Sollecito may have been there. 

      Just before noon, now under arrest and about to be taken to Capanne Prison, Knox insists on writing out at length a third statement this time in English.

      She gleefully hands it to Rita Ficcara who cannot read it as she as no English. In the statement, Knox included this damning remark, without any mention of having been coerced: “The questions that need answering, at least for how I’m thinking are… 2. Why did I think of Patrik?”

      Knox’s lawyers never ever substantially challenge this version. At trial they accept that there was no interrogation, leave standing that Knox insisted on all three statements, and dont ever pursue Knox’s claims that she was coerced.

      Courts all noted that there is no mention in that third note of Knox having been coerced, although this note was her idea and she could put in it anything she liked. From this there never was any going back.

      In July 2009 at trial, in face of days and days of prior investigator testimony, Knox brashly tried to substitute this scenario above with the one below. Of course she was disbelieved.

      For the calunnia framing of Patrick Lumumba Judge Massei in 2009 sentenced her to a year more than Sollecito, amended by Judge Hellmann in 2011 to three years served.

      The Supreme Court definitively overruled her calunnia appeal so for her false framing of Patrick she is a felon for life.

      3. The Knox-Promoted Alternative Version

      This will be the subject of many later posts. Though her precise claims vary and often contradict one another, Knox herself has on and off since November 2007 tried to blame the police for causing her conniption and her false accusation of Patrick for the death of Meredith.

      Knox and her team failed to convince Supervising Magistrate Matteini, and the Ricciarelli review panel, in November 2007. Failed to convince Prosecutor Mignini in December 2007. Failed to convince the Supreme Court in April 2008. Failed to convince the Micheli court in late 2008. Failed to convince at trial 2009 and at appeal 2011. Failed to convince the Supreme Court in 2013.

      As Knox’s team did not believe her, they may not have given this their hardest shot. Nevertheless the huge and very nasty Knox PR effort went full-bore ahead.

      Read this post of 11 February 2009 which was about two weeks before the Knox “interrogators” were cross-examined at trial, and several months before Knox herself took the stand. Dozens of media reports repeated the Knox claims as if true.

      Knox repeated them in her April 2013 book, and her December 2013 email to Judge Nencini, and her appeal to EHCR Strasbourg, and in some TV and newspaper interviews, including one with the Italian weekly Oggi which caused that paper legal harm.

      This version has been blown up by Knox PR shills in internet posts, articles, TV interviews, and books. Among others propagating it have been Raffaele Sollecito (in his book), Doug Preston, Saul Kassin, Steve Moore (especially), John Douglas, Jim Clemente, Paul Ciolino, Michael Heavey, Greg Hampikian, Chris Halkidis, Mark Waterbury, Doug Bremner, Candace Dempsey, Nina Burleigh, Bruce Fischer, and many posters on the Knox sites and Fischer sites and on Ground Report.

      Main claims included 50-plus hours of “interrogation”, numerous officers in teams, no food or drink, no sleep, no bathroom breaks, no lawyer, no recording, and much abuse and yelling and suggestions and threats. Way beyond anything even Knox herself and notably her own lawyers ever claimed. 

      • Here is Steve Moore claiming that around a dozen cops in rotating tag teams of two assaulted a starving and sleepless Knox over 20/30/40 hours, threatened her, and refused her a lawyer throughout.

      • Here is Saul Kassin claiming that Knox was interrogated over the entire night of 5-6 November, until she was finally broken and a coerced “confession” emerged - even though the “false confession” actually framed Patrick and was in reality a false accusation. That Kassin ignores.

      • Here are several former FBI profilers blatantly embellishing the same claims in a book, with (today) 60 five-star reviews.

      And yet Knox’s own Italian lawyers specifically denied her accusations! No complaint against the police was ever lodged. All courts disbelieved her. Knox served her three years. But still the PR-driven hoax keeps resounding.

      4. The Intended Course Of Our Series

      Hopefully we will get this done in about 20 posts. Starting in the next post is trial testimony, the first from Inspector Ficarra, newly translated by the professional translator ZiaK.

      Rita Ficarra presided over the first recap/summary with Knox (again, a recap/summary is not an interrogation) on 5-6 November and was later present when Knox was read her rights.

      We’ll then post more newly-translated trial testimony of other police present at the central police station on the night, and what the magistrates in 2008 and 2008 and trial and appeal judges from 2009 to 2014 made of this.

      Then we enter the alternative universe of the numerous conspiracy claims, extending to Sollecito’s 2012 book and Knox’s 2013 book, her lengthy email to Judge Nencini in 2014, and so to her appeal to Cassation, pending as of this date.


      Tuesday, April 29, 2014

      Why Final RS & AK Appeal Against Guilty Verdict May Fail: Multiple Wounds = Multiple Attackers

      Posted by The TJMK Main Posters




      Reports From Italy On Why AK & RS Appeal Failed

      The Nencini Report has been released and we are seeing to its translation right now.

      Meanwhile journalists in Italy have these reports which convey the very implacable, damning tone. There was nothing accidental about Meredith’s death; Knox premeditated it all along.

      First report

      From Il Messagero kindly translated by Miriam:.

      FLORENCE -  The knife that was seized at Raffaele Sollecito house is the knife that killed Meredith Kercher, and the blow was delivered by Amanda Knox.  So writes the President of the Court of Appeal of Florence, Alessandro Nencini, in the motivation report of the sentence that was passed on Jan. 30th that saw Amanda Knox sentenced to 28 and a half years and Raffaele Sollecito to 25 years.

      Over 330 pages in which the court covers the appeal and explains the conviction. Starting with the knife considered “not incompatible with the wound that was carried out on Meredith Kercher. “In the present case, writes Nencini what counts is the accessibility of the weapon by the accused, it’s concrete portability from house to house, it’s compatibility with the wound, and the presence of Meredith’s DNA on the blade. All of these elements ascertained by the court lead to the conclusion that the knifed evidenced as no. 36 was one of the knifes used in the attack, and was the knife that Knox used to strike the fatal blow to Meredith’s throat.”

      The court retains to have sufficient evidence of “certain reliability” of Rudy Guede (convicted to 16 years) Amanda and Raffaele in the house where Mez was killed, on the night between the 1st and November 2, 2007 in 7 Via della Pergola “in the immediate phases following the murder.” The Court then tells how she was immobilized and Mez “was not able to put up some valid resistance because she was dominated by multiple assailants and cut at the same time with the blades of several knives.”

      Rejected therefore is the defense’s strategy of both of the convicted, that have always maintained that the killer was only one.: the Ivorian Rudy Guede.

      Second report

      Bullet points from various Italian media.

      • The big knife from Sollecito’s house held by Amanda Knox caused the fatal wound to Meredith while the other was held by Raffaele Sollecito.

      • There is strong “multiple and consistent” evidence of all three in the house immediately following the murder.  All three worked to suppress Meredith.

      • There was an escalating quarrel between Knox and Meredith leading to a progressive aggression and murder with sexual components.

      • Between Amanda and Meredith there was no mutual sympathy and Meredith harbored serious reservations about the behavior of AK.

      • The biological trace found on the bra clasp that Meredith Kercher was wearing the night she was murdered was left by Raffaele Sollecito
      Third report

      No especially accurate reports in English have appeared yet and the erroneous “new trial” is still surfacing. Andrea Vogt tweets that she will be posting an analysis soon.

      The mischievous defense-inspired “sex game gone wrong” and “satanic theory” mantras are still widely showing up in the duped media, but are nailed hopefully finally in this new report.

      Judge Nencini has closely followed and endorsed the “from all angles” Massei trial analysis, but with the inclusion of some more credible explanations from Prosecutor Crini which Judge Micheli had also espoused back in 2008.

      In particular, Rudy Guede is not now highly improbably seen as the one initiating the attack on Meredith, and sex was not at all the primary driving force for the attack (the prosecution never ever said it was). Knox carried the big knife from Sollecito’s for a purpose.

      The bad blood between the girls resulting from Knox’s crude, brash, very lazy, drug-oriented behavior was well known in Meredith’s circle. All of them had backed away from her, as also had her employer and the patrons in his bar.

      There was a probable theft of money by Knox who was unable to account for a sum similar to what Meredith would have stashed away for the rent and that is seen as the probable spark for the explosive argument and attack.

      Fourth report

      Barbie Nadeau in The Daily Beast

      Amanda Knox apparently did not kill Meredith Kercher in a “sex game gone wrong,” as had been previously decided by a lower court in Perugia, according to a Florentine appellate judge who released today a 337-page document explaining his decision to convict Knox and her erstwhile Italian boyfriend, Raffaele Sollecito, for Kercher’s murder. Rather, the judge claims, Knox allegedly killed Kercher, her 21-year-old British roommate, because she didn’t like her.

      All Italian courts require judges to explain the reasoning behind their rulings, and it likely represents the penultimate step in a seven-year case that has seen Knox and Sollecito first convicted in 2009 then acquitted in 2011 then convicted again in January 2014. Rudy Guede, an Ivory Coast native who was also convicted for his role in the murder back in 2008, is serving a 16-year jail sentence. He is currently eligible to apply for work furloughs from prison.

      Judge Alessandro Nencini, along with a second judge and six lay jurors, were tasked with hearing a second appeal that began in September 2013 after Italy’s high court threw out the acquittal that set Knox and Sollecito free in 2011. Italy’s high court cited “inconsistencies” and “legal mistakes” and tasked Nencini’s court with hearing the appeal again. It was not a retrial per se, but rather a fresh look at the appeal process that freed Knox.

      Nencini decided that the appellate court that set Knox free erred in evidentiary and legal matters. That court will now have to rule definitively on the case, using Nencini’s reasoning and whatever appeal Knox and Sollecito file for their final judgment. If the high court accepts Nencini’s verdicts, the two will be required to serve their prison sentences in Italy. Knox has vowed she will not return to Europe, but Sollecito, unless he escapes, won’t be as lucky.

      The court’s explanation of its decision comes down hard on the first appellate court that overturned Knox’s guilty verdict, at times seemingly scolding them for misapplication of penal codes and for throwing out witness testimony without explanation. “It was an operation of evaluating evidence with using logic,” Nencini wrote, accusing the first appellate court of essentially throwing out testimony that allegedly proved Knox’s involvement, but keeping testimony that supposedly supported her innocence.

      He used Knox’s prison diary as a prime example. “Look at the contradictions in the evaluation of the diary written in English by Amanda Knox,” he wrote, referring to a handwritten prison diary taken fromKnox’s cell as part of the investigation to determine why she accused her pub boss Patrick Lumumba of Kercher’s murder during early interrogations. “On one hand, the appellate court of Perugia completely devalued the writings when she admitted wrongdoing by accusing Patrick Lumumba. On the other side, they valued it when she defended herself.”

      Nencini also ruled that there was plenty of forensic evidence tying Knox and Sollecito to the crime scene, writing “they left their tracks in the victim’s blood” more than once in the document. He accepted testimony that supported the theory that a knife found in Sollecito’s apartment was one of the primary murder weapons, and he reasoned that a second knife was also used that matched a blood stain left on Kercher’s mattress.

      The first knife in question was the only hard evidence reexamined in the second appeal, and forensic experts ruled that a previously untested spot on the knife’s handle consisted of 100 percent Knox’s DNA. An earlier court heard testimony that a tiny smidgeon of DNA on the groove of the blade was Kercher’s, but the first appellate court agreed with witnesses who testified that the sample was too small to be considered a perfect match. The second appellate court not only considered the knife to be the murder weapon, it also ruled that Knox “plunged the knife into the left side of Kercher’s neck, causing the fatal wound.”

      The second appellate court also reasoned that Kercher’s bra clasp, which had been cut from her body after she was killed, had Sollecito’s DNA on the tiny metal clasp. “The biological trace found on the bra clasp that Meredith Kercher was wearing when she was assassinated belonged to RaffaeleSollecito,” Nencini wrote, agreeing with the judge in the original murder conviction. “The clasp was manipulated by the accused on the night of the murder.”

      The court also scoffed at certain rulings laid out by the first appellate court, saying that the court’s reasoning that it would have been easy for “a young athlete” like Rudy Guede to scale the wall and enter the apartment, was borderline racist.

      Nencini also ruled that with regard to motive in the murder, it was subjective and personal. “It is not necessary for all the assailants to share the same motive.”

      The court picked out small details of Knox’s presumably errant testimony, including how she told police the morning Kercher’s body was found that Kercher always locked her door “even when she takes a shower,” which was later contested by the girls’ other roommates.

      Nencini also clearly believed ample forensic testimony, presented by experts examining the original autopsy, that Kercher was killed by more than one person. “”She was completely immobilized when she was murdered,” he said, reasoning that Guede could not have acted alone, and instead likely held her back as Sollecito and Knox knifed her.

      The judge also pointed out incongruences in Knox’s testimony about the night of the murder, but noted problems with the other witnesses, which included a homeless man, an elderly woman who said she heard screams. Still, he ruled that Knox’s accusation of Lumumba is vital evidence against her. “It is impossible to separate the two acts,” he wrote.

      Using Nencini’s reasoning, Knox’s lawyers now have the roadmap for planning their final appeal to Italy’s high court, likely later this year or in early 2015. However, this same high court threw out the acquittal in the first place, so Knox may need more than luck to walk free. If she is definitively convicted, she will likely face an extradition order to come back to Italy to serve out her sentence. There are very few legal loopholes that would allow an American citizen to escape a court decision by a country, like Italy, that shares extradition treaties with the U.S.



      [Judge Massei at crime scene; report says why Knox & Sollecito appeal against his 2009 verdict has failed]




      [The Supreme Court in Rome is expected later this year to confirm this outcome]


      Sunday, April 27, 2014

      Knox & Sollecito Actions In The Week Prior To Arrest: An Incriminating Behavior Pattern For Sure

      Posted by James Raper

      [Video above: Sollecito slams Knox’s weird behavior, while not explaining numerous examples of his own ]

      1. Today’s Context To This Post

      A very strong case for guilt has been made at trial and endorsed at the first-level appeal.

      This series hammers home the growing hundreds of incriminating stark differences between the official evidence record, Sollecito’s and Knox’s two books, and Sollecito’s and Knox’s multiple conflicting claims since.

      The focus of this post as with the one immediately below is upon the described behaviours of Knox and Sollecito, from the very beginning to this very day. This pattern has more than contributed to the certainty of their involvement in the murder of Meredith Kercher.

      2. How The Behavior Speaks To Guilt

      The early pointer of the staged break-in aside this behaviour gave investigators an insight into the pair’s possible involvement back on Day One: Behavioral pointers have continued on a par with corroborated developments in the case.

      It has even continued, incredibly, since their release from prison. For me it is the thread that runs through this case having as much to do with the overall picture of culpability as the other elements .

      This behaviour - to include what they have to say for themselves - is a catalogue of the inappropriate, of the implausible, of inconsistencies and contradictions, of evasions and obfuscations, to be gleaned from the accounts of Knox and Sollecito themselves and highlighted in the accounts of other witnesses. It is also to be gleaned from phone and computer records.

      Taken together it is a formidable body of evidence which goes to character and culpability. It cannot be attributed to a railroading job, the machinations of a corrupt and evil prosecutor or character assassination by the media. It is also implausible if not impossible to explain it as being due to naivety, confusion or some quirkiness of character.

      It amounts to the pair of them concocting stories, telling lies and misleading investigators and the general public.

      3. Physical Evidence Array Is Already Substantial

      There are numerous items of evidence which are building blocks in the prosecution case and with which we are all familiar.

        1. The staged break-in via Filomena’s window with pointers to this outside, on the windows and shutters, and throughout the bedroom.

        2. The evident partial clean up proved by footprint trails with footprints missing and what was behind the locked door.

        3. Amanda Knox’s lamp on the floor behind Meredith’s locked door which she only conceded was her own at trial, under pressure.

        4. Knox’s dried and congealed blood on the tap in the small bathroom that Amanda Knox and Meredith shared.

        5. The bloody footprint on the mat in that bathroom definitively attributed to Sollecito rather than Guede

        6.  The mixed DNA of Knox and Meredith Kercher found in blood in the basin, the bidet and on the box of Q tips in that bathroom

        7. Two luminol enhanced mixed traces containing DNA belonging to Knox and Meredith Kercher, one in the corridor and the other in Filomena’s room

        8. Two luminol enhanced footprints of Knox in the corridor and one of Sollecito immediately outside Meredith’s room.

        9. The knife taken from Sollecito’s apartment with Meredith Kercher’s DNA on the blade and Knox’s DNA on the handle and on the blade

        10. Meredith Kercher’s bra clasp with Sollecito’s DNA on a hook and contamination possibilities definitively ruled out.


      4. Behaviors In The First Week Of November 2007

      I don’t want to make this an unduly long post. Accordingly I am going to concentrate on the period up to that famous police interrogation analysed just below. As to that critical period I will be selective but it should be enough.

      The Lady With The Mop?

      The story (in Knox’s e-mail) that she had visited the cottage to collect a mop, have a shower and get a change of clothing, earlier on the morning of the 2nd November, but did not notice that Filomena’s window had been broken and her room trashed is just that - a made up story. It is entirely implausible and the account unreliable for a number of reasons including-

        (a) it is hard to believe that she did not notice the hard to miss fact that the shutters to Filomena’s window were (as they were found) open - this would have alerted her to the likelihood that Filomena was back home which she would, of course, have checked out of curiosity if nothing else given that she found no one home.

        (b) her claim that Filomena’s door was shut is contradicted by Sollecito who wrote (prison diary) that when he later entered the cottage with Knox   Filomena’s door was wide open.

        (c) it is hard to believe that she took a shower without noticing until after her shower (as she claimed) that there was blood on the bathroom mat, including a bloody footprint. In fact she didn’t even claim to notice that it was a footprint despite the fact that it was obviously so.

        (d) it is hard to believe that having found the front door wide open and having found blood, and having opted for a shower and to blow dry her hair, she never got round to checking for any sign of Meredith’s presence. Any one else would have tried her door to check whether or not she was home.

        (e) from her appearance at the cottage that morning it is hard to believe that she took a shower at all (let alone blow dried her hair) and the cops remarked that she reeked of body odour.

        (f)  less problematic but nevertheless still somewhat surprising is that as she is drying her hair she makes a fuss over shit (left by Guede) in the toilet,  describes herself as being “uncomfortable” about it but does not flush it away before grabbing the mop and leaving.
      The Two Stayed At Home?


      The story that Knox and Sollecito had spent the previous night (the night of Meredith’s murder) indoors, critically from 9 pm onwards, that both had slept and that Knox had been the first to rise at about 10.30 am the next morning is implausible and uncorroborated, not only because this alibi is directly contradicted by the testimony of Curatolo and Quintavalle, and Sollecito’s statement to the police that Knox had gone out and not returned until about 1 am, but also in view of the following facts.

        (a) Curatolo claimed to have first seen the Knox and Sollecito in Piazza Grimana shortly after 9.30 pm but Knox claimed in her trial testimony that she and Raffaele had cooked and eaten a meal between 9.30 and 10 pm.
        GCM:  Can you say what time this was?

        AK:  umm, around, umm, we ate around 9.30 or 10, and then after we had eaten, and he was washing the dishes, well, as I said, I don’t look at the clock much, but it was around 10. And”¦he”¦umm”¦well, he was washing the dishes and, umm, the water was coming out and he was very bummed,  displeased, he told me he had just had that thing repaired. He was annoyed that it had broken again. So”¦umm

        LG:  Yes, so you talked a bit. Then what did you do?

        AK:  Then we smoked a joint together”¦”¦we made love”¦..then we fell asleep.

        Unfortunately Sollecito’s father himself torpedoed this dodge by telling the court that when he phoned his son at 8.42 pm Sollecito had told him that there had been a water leak while he was washing the dishes. Taking into account Knox’s testimony that they had eaten before the dish washing, this places the meal and dish washing before that call.

        (b) Sollecito told the police that at about 11 pm he had received a call from his father on his land line. Not only is that not confirmed by his father but there is no log of such a call.

        (c) There is no log of a call to his mobile at that time either though his father had sent a text message at that time but which Sollecito did not receive until 6. 03 am the following morning. We know that he had received it at that time because that is the time at which it is logged in the phone records.  Sollecito had just turned his phone on and clearly the phone had been off when the text message was sent.

        (d) There is no record of any phone activity for either of them from after the 8.42 pm call to, in Sollecito’s case, receipt of that text message at 6.03 am,  and in Knox’s case her call to Meredith’s English phone at 12.07 pm the next day.

        A further word about this Point (d) here as Knox has released her phone records on her web site. In her case it has to be said that this is not so unusual. Up until the 30th October there is no regular pattern of late or early morning phone activity.

        It is interesting to note, however, that as of the 30th October there is a spate of texts and calls between her and a young Greek known to us as Spiros.  Communication between them had in fact been going on since the beginning of October but there are 5 texts in the afternoon of the 30th, two telephone calls in the afternoon and a call at 11.38 pm on Halloween.

        In the early hours of the following morning there are a couple of calls between the two. In fact we know that the two met up together for Halloween as Knox was at a loose end.  Meredith had shrugged her off and Raffaele was attending a friend’s graduation dinner out of town.

        Sollecito is different as his father was in the habit of calling at all hours just to find out what his son was doing and, as we know, he had called late only to find that his son’s phone was switched off.

        In the case of Knox she admitted in any event that her phone had been switched off, “to save the battery”.

        (e) There is no record of any activity on Sollecito’s computer after 9.15 pm and until 5.32 am the following morning when music was played for half an hour.  This contradicts the claim that Sollecito had smoked pot and interacted with his computer until midnight and that they had both slept until late the following morning.

        (f) The fact that the next morning, outside the cottage, both Knox and Sollecito looked utterly exhausted. This belies the alibi that they had spent a quiet night indoors and had only risen late that morning.
      The Fake Call To Knox’s Mum in Seattle?

      Knox falsely claims in her book that having had her shower she called her mother on her way back to Sollecito’s apartment as she was beginning to have concerns as to what she had seen at the cottage. Her mother tells her to raise her concerns with Raffaele and the other flatmates and Knox says that she then immediately called Filomena. Filomena tells her to get hold of Meredith by phone which she tries to do by calling Meredith’s English phone first, then her Italian one.

        (a) How does this correlate to the contents of her e-mail of the 11/04/07?

        (b) How does this correlate to Knox’s phone records?

        (c) There is no mention of a call to her mother at all in the e-mail. This from her e-mail -
        “”¦.and I returned to Raffaele’s place. After we had used the mop to clean up the kitchen I told Raffaele about what I had seen in the house over breakfast.  The strange blood in the bathroom, the door wide open, the shit in the toilet.  He suggested I call one of my roommates, so I called Filomena”¦”¦”¦..
        Filomena seemed really worried so I told her I’d call Meredith and then call her back. I called both of Meredith’s phones the English one first and last and the Italian one in between. The first time I called the English phone it rang and then sounded as if there was disturbance, but no one answered. I then called the Italian phone and it just kept ringing, no answer. I called the English phone again and this time an English voice told me the phone was out of service.”

        (d) the phone records are as follows for 2 November 2007:

        Ist call of the day @  12.07.12 (to Meredith’s English phone)  - 16 seconds

        2nd call   @  12.08.44 (to Filomena)  -  68 seconds

        3rd call   @ 12.11.02 (to Meredith’s Italian phone)  -  3 seconds

        4th call @ 12.11.54 (to Meredith’s English phone)  - 4 seconds

        8th call   @  12..47.23 (first call to her mother) - 88 seconds

        (e) The discrepancies are numerous, see these examples:

        1. The first call to her mother was not just after leaving the cottage but 40 minutes after the call to Filomena, and the call to Filomena had been placed after she had returned to Raffaele’s place and after they had used the mop and had breakfast. In fact, say about an hour after she left the cottage.

        2.  The first call to Meredith’s English phone was placed before the call to Filomena, and not after as Knox would have it in her e-mail. A minute before,  but Knox did not mention this to Filomena, as confirmed by the e-mail and Filomena’s testimony.

        3. The first call to Meredith’s English phone disappears entirely in Knox’s book.

        4.  The call to the Italian phone did not just keep ringing. The connection was for 3 seconds and this was followed by a connection to the English phone for 4 seconds.

        5.  The English phone was not switched off or out of service. Mrs Lana’s daughter had found it. She said that she would not have done so but for it ringing (the 12.07 call for 16 seconds?). She picked it up and took it into the house where it rang again (the 12.11 call - 4 seconds?). A name appeared on the screen as it rang : “Amanda”.

        6.  The 3 and 4 second calls are highly suspicious. The Italian phone was undoubtedly in the possession of the postal police. According to Massei it’s answering service was activated, accounting for the log. Clearly Knox did not even bother to leave a message for Meredith as it would take longer than 3 seconds just to listen to the answering service. This is not the behaviour of someone genuinely concerned about another.

          Observations:

          1.  In her e-mail, and repeated in her trial testimony, Knox says that she woke up around 10.30 am, grabbed a few things and walked the 5 minutes back to the cottage. If the first call to her mother was about an hour after she left the cottage (see before), then she left the cottage at about 11.47 am, which means that she spent over an hour there. Either that or she spent more (a lot more)  than 20 minutes at Raffaele’s place before calling Filomena. The latter would be more likely as it is difficult to conceive that she spent over an hour at the cottage. She didn’t have the heating on when she was there. Either way there is a period of about an hour and a half between when she might have tried to contact Meredith or raise the alarm and actually doing so.

          2.  That we are right to be incredulous about this is borne out by the false claim in Knox”˜s book. That false claim is significant and can only be because Knox is aware of the problem and feels she needs to add some support to her implausible story of the mop/shower visit and to conceal the real reasons for the inactivity and delay connected with it.

          3. That it is incredible is even belatedly acknowledged by Sollecito’s feeble but revealing attempt to distance himself from Knox in a CNN interview on the 28 Feb this year. “Certainly I asked her questions” he said. “Why did you take a shower? Why did you spend so much time there?”

          4.  That she makes that false claim and has constantly stonewalled and/or misplaced the 16 second call to Meredith’s English phone is indicative of her guilty knowledge. Her guilty knowledge with respect to the 16 second call was that it was made to ascertain whether or not the phones had been located before she called Filomena, and hence for her it was not (incredulous though this is without such explanation) a pertinent fact for her to bring up with Filomena.
      The Real Call To Knox’s Mum In Seattle?

      As to the 12.47 call to her mother itself (4.47 am Seattle time and prior to the discovery of Meredith”˜s body) Knox not only did not mention that in her e-mail but in her trial testimony she steadfastly declined to recall that it had occurred.

      She clearly did not want, or could not be trusted, to discuss why the call had occurred and what had transpired in conversation with her mother before the discovery of Meredith’s body.

      Not only was the timing of the 12.47 call inconvenient to her mother but I found it interesting to note from Knox’s phone records (covering 2nd Oct - 3rd November) that mother and daughter do not appear to have called or texted each other once up until that 12.47 call.

      It would appear then that in so far as they remained in direct communication with each other for that period it must have been by e-mail. One can therefore imagine that her mother was very surprised to receive that call.

      It is also very difficult to accept that Knox could not recall a phone call she was not in the habit of making. (On the other hand the same records show that it was not at all unusual for Knox and Meredith to communicate with other on Meredith’s English phone.)

      Sollecito’s Call From His Dad?

      At the cottage, and prior to the above call, Sollecito received a call from his father at 12.40 am. Do we know what they discussed? It would in any event have been after the discovery of Filomena’s broken window and (allegedly) Sollecito’s (rather feeble) attempt to beak down Meredith’s door.

      Did the responsible adult advise his son to do the obvious and call the police? One would think so, but then why was there a 10 minute delay before he called his sister in the Carabinieri at 12.50 am? Indeed, why call his sister at all? Filomena had also urged Knox to call the police when she called at 12.35.The delay might be explained by the unexpected arrival of the postal police and if this was the case then it was before Sollecito called the 112 emergency services.

      The Claims Of Finding Meredith’s Body?

      Neither Knox nor Sollecito saw into Meredith’s room when the door was broken down and her body discovered on the floor under a quilt. Yet in the immediate aftermath it is as if they have wanted others to believe that it was they who discovered her body and in the bragging about this there have been disclosures, not only as to what they should not have been aware but also suggestive of disturbed personalities. This behaviour was remarkable for all the wrong reasons.

        (a)  Luca Altieri”˜s testimony makes it clear that Knox and Sollecito had heard about Meredith”˜s cut throat directly from him during the car ride to the police station.

        However her bizarre and grotesque allusion in the early moments of the investigation to the body being found stuffed into the closet (wardrobe) is not just factually incorrect (it was lying to the side of the closet) but bears correlation to the later forensic findings based on blood splatter in front of and on the closet door, that Meredith had been thrust up against the closet after having been stabbed in the throat.

        (b)  The behaviour of Knox and Sollecito at the police station is documented in the testimony of Meredith’s English girlfriends and of the police. Whilst it is true that people react to grief in different ways it is difficult to ascribe grief to Knox’s behaviour. Emotionally she was cold towards Meredith’s friends and occasionally went out of her way to upset them with barbed and callous remarks.

        The fact that Knox was not observed to cry and wanted to talk about what had happened is not of itself indicative of anything but remarks like “What the fuck do you think, she bled to death” and her kissing and canoodling with Raffaele (including them making smacking noises with their lips when they blew kisses to each other) in front of the others was not normal.

        Rather chilling in retrospect was a scene between the pair of them when Knox found the word “minaccia” ( in english - threat) amusing and made a play of it with Sollecito in front of witnesses.

        (c) Grief is in any event reserved for friends and relations, or people one much admires. The evidence is that the initial short friendship between the two had cooled to the extent that Meredith was studiously, if politely, avoiding being around Knox. For the narcissistic and attention seeking american girl this would have been difficult to ignore and may well have offended her.

        (d)  The next day Sollecito was willingly collared by a reporter from the Sunday Mirror and told her about the horror of finding the body.
        “Yes I knew her. I found her body.”

        “It is something I never hope to see again,” he said. “There was blood everywhere and I couldn’t take it all in.”

        “My girlfriend was her flatmate and she was crying and screaming, ‘How could anyone do this?’”

        Sollecito went on to tell the reporter that “It was a normal night. Meredith had gone out with one of her English friends and Amanda and I went to party with one of my friends. The next day, around lunchtime, Amanda went back to their apartment to have a shower.”

        About the only thing that is true here is that he knew Meredith.

      Wednesday, April 16, 2014

      The Incriminating Bathroom Evidence: Visual Analysis shows the Footprint IS Sollecito’s

      Posted by Machiavelli



      [Please click on each image for a larger and more high-resolution version]

      The sheer depth and width of the hard evidence

      The defenses really don’t want you to know this: in both width and depth, the full panoply of the evidence against Knox and Sollecito is absolutely overwhelming.

      As we remarked in our post below there are far more and far stronger evidence points than UK and US courts normally require for conviction. But only the trial panel of judges observed anything like their full array.

      The 2010 Massei Trial Report (which the Nencini Appeal court validated this past January) is a SUMMARY of what was presented to the judges in the courtroom.  Those presentations in court were in turn something of a SUMMARY of the hard evidence buried in all the evidence files and the minds of witnesses.

      Italian media SUMMARISED for Italians what was to be seen in the courtroom and to be read in the Massei Report. They were barely able to do even summaries for the 1/4 of all the trial hearings that were not open to the media or the public. 

      UK and US media for the most part didn’t even bother to provide comprehensive summaries (the very fine on-the-spot reportings of Andrea Vogt, Barbie Nadeau and Ann Wise were the main exceptions).

      So in effect people in the UK and US attempting to follow the story didnt for the most part receive even a summary of a summary of a summary!

      Not one US or UK newspaper or TV network translated the Micheli Report, or the vital Massei Report, or the Supreme Court appeal, or the Supreme Court outcome - only the (mostly professional) translators on PMF dot Org did all that translation.

      This post is another example of how far down - beyond even Massei - it’s possible to drill into the evidence, and see it still hold up.

      Some past posts on TJMK drilled down to similar depths, on the knives, on the DNA, on the mixed-blood traces, on the phone-events, on the motives and psychologies, and so on. All that evidence too all held up.




      Visual analysis of the bathroom-mat footprint

      This post mainly consists of high-resolution pictures and measurements. Presented like this, the pictures and measurements largely speak for themselves, and show the real strength of the bathroom-mat footprint evidence.

      You will see that as SomeAlibi previously concluded using other methods, this footprint was quite undeniably Sollecito’s.  It bears no similarity at all to Rudy Guede’s.

      Please click on all images for larger versions in scalable PDF format


      1 .  [Below] the bathmat and the print, with measurement reference




      2 . The bathmat print and the surrounding area




      3 . The bathmat print (photo from Polizia Scientifica).




      4 . The bathmat print, with vertical and horizontal sizes, from Rinaldi’s report





      5. The bathmat print, photo with enhanced contrast.





      The photo above was modified by highly enhancing contrast.



      6 . Enhanced contrast helps to spot some features





      Contrast may help to highlight especially some parts of the print outline.

      For example the area on the left labeled as “important area” in the picture (which was “forgotten” in the notorious photo elaborations disseminated by the ‘Friends of Amanda’ group), shows the actual left outline of the “˜big toe’ of the bathmat print.

      The toe includes the area indicated in this picture (here the picture is shown again in its original colours).

      7. The bathmat, with enhanced contrast





      The contrasted image is showing the presence of other stains

      There are other stains on the carpet (about another 10, factually situated in one half of the mat area), and also there shows a second diluted footprint (apparently from a foot of smaller size).


      8. The selection of a set of red colour shades, outlined by an automatic outline generator





      Shows the shape and the possible “˜outline’ of the stain

      Reference measurements indicate the width of the “˜big toe’ in millimetres.

       

      9 . A hand drawing of the outline (detail).





      The photography above was modified

      The modifications are: +28% contrast, -8% luminosity, + 20% colour saturation, from the original.

      An outline has been drawn manually on the photoshop image, trying to be as faithful as possible to the actual stain.

      You can notice that, apart from some minor “˜disputable’ very faint areas (such as the area between the toe and the metatarsus) there are only minimal differences between an automatically generated outline and a manually drawn one.

      The shapes of the “˜big toe’ are extremely similar in both contours (images 8 and 9), in fact all meaningful features are basically identical.

      We consider this manually drawn outline as good for comparison.     


      10 . The complete hand-drawn outline





      11 . Minor detail: small dots separated from the main stain





      Observe the small red ‘dots’ in the picture above

      Although we can’t draw any conclusion about their possible significance, we note the existence of these very small “˜spots’ of a faint red colour shade, separated from the big stain.

      They are detected by the computer generated outline above, and that we also see as distinguishable with the naked eye thus we considered them in drawing manually the outline.

      We don’t draw any conclusion about them; but because of their sensitive position (they may suggest a “˜small toe’ mark) we take note of them.

      The green arrows in the picture point out their position (green circles).

      12 . An image in electronically modified colours





      Distribution and intensity of the colouration

      As a part of the preliminary study of the stain, we also produced this image above where the computer assigned an artificial colour to an array of shades of ‘red’, thus allowing to further isolate the stain from the background for further assessments about its shape.

      This picture shows the distribution and intensity of the colouration. (note: the existence of some above mentioned tiny marks is recorded by this technique too)



      13 . The bathmat has a spiral-shaped relief decoration





      The footprint’s toe obviously balancing on top of the relief decoration. 

      We think the outline of the “˜toe’ mark of the bloody footprint is affected by the shape of the decoration, in particular the missing part of the toe on the right side, which is remarkably coincident with the margin of the decoration. 

      So that on that side there is a striking correspondence between the outline of the “˜negative area’ ““ the fabric surface around the spiral, which is lower ““ and the big toe’s outline

      This indicates that the outline of that mark on that side was affected by the decoration margin, thus the print there has a “˜missing part’. So the “˜crooked’ bloody area in fact follows the margin of a larger toe.

      Because of such coincidence, we can logically assume that the actual shape of the big toe mark appears to be part of a big toe, with larger surface which left its print only partly because part of its surface did not have contact with the fabric, in correspondence of the “˜negative area’. 

      14. The “negative area”





      15. Mat decoration in relief and the toe mark







      Observe above one single, unitary stain

      The remarkable coincidence between the outlines of the decoration in relief and of the toe mark is shown in the picture above.

      The rough contour of the print obtained through a smooth curve highlights the shape of the big toe.

      Part of the relief decoration outline coincides with the toe mark outline, which shows, highlights and explains how all parts of the red toe mark, that you can see left of the relief decoration, they all belong to one single, unitary stain. 

      Thus we can deduce that the “missing” area on the right of the toe is determined by the decoration, and coincides with the negative area.

      16. Picture (by Kermit) showing a rough shape of the stain





      Observe shape, curvature and size

      This drawing by Kermit above highlights the rough shape, curvature of left margin and overall size of the big toe.


      17. Rudy Guede’s sample print





      Take note of this image

      A copy of this picture together with one of Sollecito’s print at the same scale will be used for comparisons. 

      18 . Raffaele Sollecito’s sample print





      Take note of this image

      A copy of this picture together with one of Guede’s print at the same scale will be used for comparisons.

      19. Part of Rudy Guede’s sample print with Rinaldi’s reference measurements








      20. Part of Sollecito’s sample print, with Rinaldi’s reference measurements:






      21. Bringing all photographs down to the same scale





      An accurate exercise of scaling was done

      This was based on Rinaldi’s referenced pictures. Each one of the Rinaldi’s sample pictures has multiple measurements on several points of reference which allow a high precision determination of their scale and sizes, and thus comparison at the same scale.

      In order to further increase scaling precision, the scale was calculated previously and separately for each comparative measurement in the three photos; this was done multiple times for each measurement and the average was picked in order to reduce error as for statistical measurement method.

      The resulting final error in the scale is extremely small, far below a threshold of significance that could affect comparison (which was set arbitrarily at 1%, but it’s probably significantly higher, while the actual error is much lower).

      In other words, the scale error that may affect your screen pictures will be definitely smaller than any possible perceivable (either significant or tolerated) difference that would be noticed or that may affect the attribution of the stain, when this is compared to the sample.     

      22. The hand drawn outline is shown again here





      23 . The outline (matched scale) overlapped on Sollecito’s sample footprint





      The array of compatibilities with Sollecito

      The bathmat stain does not seem to have major incompatibilities with Sollecito’s print; it shows rather an array of compatibilities that can be perceived visually.

      One interesting feature is the shape, size and position of a ‘big toe’, that appears as a remarkable coincidence; the toe also has a kind of cleft (see 28 below) on the curvature of its left margin. Another outstanding coincidence is the curvature of the plantar arch on the left.   

      24 . The same outline overlapped on Guede’s footprint





      Compare with Guede’s - matched scale.

      If you look at the overlapping of the stain outline (see pic 22.) with the sample of Guede’s print (see pics 17. 19.), you may notice 7 major differences, showing a failure of compatibility. Those differences are indicated by numbers (1-7) in the picture .

      Each one indicates an area of major difference between the outline of the bathmat stain and the outline of Guede’s sample print. Those measurement differences are remarkably larger than those that can be detected on the overlapping with Sollecito’s sample print.

      On the other hand, the compatibility between Sollecito’s print and some very peculiar aspects of the bathmat print (such as a 30mm wide and short toe) were absolutely remarkable.   

      The differences between the bathmat stain and Guede’s print are :

      1) Toe mark of stain is significantly SHORTER than the big toe in Guede’s sample print (a difference of about 7 millimetres). Some people may want to attempt an objection, by suggesting that such a difference may be just a consequence of the position chosen for the overlapping, that maybe the bathmat print was just positioned too low in the picture, the problem may be solved by shifting it up about 7 millimeters so as to make the tip of the bathmat toe ‘coincide’ with the tip of Guede’s print toe.

      However, such objection wouldn’t work; it’s a wrong argument. In fact the only possibly correct position for overlapping the bathmat stain outline is determined by the left curvature of the ball of feet and plantar arch (the area of the picture near number 6), which is by the way the most clearly outlined part of the bathmat stain. If you shift the bathmat stain upwards, the outline will miss the match with the curvature of the left margin of the ball of the feet. You will notice that the plantar arch in this area is already very incompatible with Guede’s plantar arch. It tends to become even more incompatible the more you shift the bathmat stain outline towards the toe.

      The problem has no solution, since the more you shift the stain outline upwards (in the direction of the toe) in an attempt to make it look more ‘compatible’ with the length of Guede’s toe (or with an upper margin) the more it will become incompatible with the plantar arch. In order to limit the incompatibility of the plantar arch, and in order to keep an overlapping of at least the left margin of the ball of the feet, you need to place it as shown in the picture, this is the position of ‘maximum’ compatibility between the bathmat stain and Guede’s print. Conclusion: the bathmat toe is too short.     

      2) Toe mark of stain is TOO WIDE (30 mm). It is much wider (30 mm) than Guede’s toe.  The number 2. indicates the protruding mark at the upper right, the mark which Giulia Bongiorno desperately insisted on calling a “second toe” mark. In fact, not only would the mark miss completely any hypothetical Guede’s ‘second toe’ in any possible position of the print; also you may notice (highlighted by pics 8. and 9.) how it is not a “mark” itself, but actually it just part of the same area which is entirely continuous in shape and coloration with the rest of the toe mark, and - the most remarkable feature - its right outline is coincident with the outline of the spiral-shaped relief decoration, so that you can reasonably conclude that it is determined by that (the missing area at the lower right of the ‘big toe’ is determined by the existence of the “negative area” of the bathmat decoration).

      Conclusion: the bathmat stain has a wider toe mark, however one likes to call it (“big toe”, or “big toe + second toe”) that fails to match any possible part of Guede’s print. The bathmat print is clearly different and incompatible with Guede’s print. It simply cannot be overlapped to any part of Guede’s sample print. Such area is a very significant difference that points outright to incompatibility between the stain and Guede’s print.

      3) The toe mark is larger also in the area located at the lower portion of the toe. The toe of the bathmat print in fact has a ‘right margin’ which actually has some additional small marks, small drops protruding towards the right, like droplets maybe produced by the wet cotton fibres of the part in relief which protrude towards the right. This tends to suggest the toe area of the stain may in fact be considered wider: the object that produced it was definitely wider than 22mm, in this area of the toe as well. So also a look at this area confirms that the bathmat stain is wider than 22-23 mm (more towards 30 mm) not just when measured at the upper corner (number 2.) but also at its “lower” parts; here, the small marks caused by the liquid suggest that a larger surface has squeezed liquid from some fabric threads leaving some trace also on the lower area.

      4) Bigger incompatibility of Guede on the metatarsus front outline. This area is the front outline of metatarsus: the stain is almost 1cm shorter than Guede’s metatarsus. This happens when you chose the overlapping so as to make the left outline and plantar arch (6.) of metatarsus coincide, as in the picture. Sollecito’s sample print also shows some difference from the stain in this area (pic. 23.) but the difference between the stain and Sollecito’s print is significantly smaller than what you can see in Guede’s print.   

      5) There are NO SMALL TOES in the bathmat stain. Small toes are completely absent from the bathmat stain (while the tiny blood marks around the stain don’t coincide with their expected position if it was Guede’s print). Such lack of small toes is a peculiarity of the bathmat print. This is a remarkable difference from Guede’s print, and at the same time, a considerable analogy with Sollecito’s print. In fact one outstanding feature of Guede’s print is the evidence that Guede places a big load of weight on his small toes while instead Sollecito has a posture with a weight distribution with the contrary tendency, and obviously he almost does not touch the ground with his small toes.

      Thus, Guede’s small toes are all very well pressed on the ground and thus, we can reasonably infer they are somehow naturally likely to get wet if he steps on any wet surface, and anyway they should get wet for sure if the foot is immersed in water or washed (the foot that left the bathmat print must have been immersed in bloody water). The murderer supposedly washed his foot then stepped on the bathmat. In order to attribute the print to Guede we should assume that Guede “forgot” to touch the carpet with his small toes (while instead he puts a lot of weight on them) or that he managed to not rinse them.

      6) The outline of the stain has a PLANTAR ARCH that COINCIDES, by curvature and angle, with the plantar arch in Sollecito’s print, while instead it is very different from the plantar arch of Guede’s print. 

      7) The stain is larger than Guede’s print metatarsus as visible in the right area of the stain. The difference is rather significant, almost half a centimetre, that is bigger than the difference with Sollecito’s print which instead coincides for a trait. This difference cannot be “solved” in any way since, even if one wanted to claim that the scale is wrong and that the stain should be sized down, this would make the toe, already too short (as in 1.) become even shorter.

      If instead the toe length is adjusted the metatarsus becomes even less compatible with Guede. We recall that Massei found that Guede’s feet had a print overall more slender than Sollecito’s. 

      25 . Other features:





      Curvatures of plantar arch are very different

      The plantar arch curvature, highlighted in two different drawings (the second highlights also the upper outline “hunches”);  the plantar arches in the two sample prints of Sollecito and Guede are shown below. The curvatures of plantar arch are very different.

      26. The outline curvature generates different angles





      Sollecito’s and Guede’s plantar arch curvatures have very different angles. Also the left outline of metatarsus maintains a different curvature. Sollecito’s outline has an angle (see outline tangent) intersecting the toe (the metatarsus has a “bunion”); in Guede’s print there is basically no intersection, the outline and the toe form almost a straight line.

      27 . Plantar arch curvature angle differs between Sollecito and Guede




      If you consider the vertical axis of the sample footprint, and its orthogonal line, you may notice how the plantar arch curvatures of the two prints accomplish different angles: the two angles are VERY different, not just three or four degrees.

      The (too) narrow angle of Sollecito’s plantar arch probably has a relation with the protruding outline and angle seen in pic 26., and seems related to a hallux valgus (which Guede does not have). 

      28 . The “cleft” on the left side of the stain





      The “cleft” on the left side

      This has a correspondence with one sample print, not so with the other.

      29 . Table of metric comparison (by SomeAlibi)





      SomeAlibi’s post of a year ago

      Comparison of measurements and analysis of correspondence degree of bathmat print, with both Guede’s and Sollecito’s sample prints.


      Monday, March 03, 2014

      As Knox & Sollecito Try To Separate Themselves, Each Is Digging The Other In Deeper

      Posted by willsavive




      1. Sollecito Blabs Yet Again

      One of an increasingly long list of “gotchas” for the prosecution, flowing from their tendencies to talk way, way too much. 

      In a recent exclusive interview on an Italian TV news broadcast, Sollecito said he has several “unanswered questions” for his former girlfriend, Amanda Knox.

      “You all know that the focus was only through Amanda to her behavior, to her peculiar behaviour, but whatever it is, I’m not guilty for it. “Why do they convict me? Why do put me on the corner and say that I’m guilty just because in their minds I have to be guilty because I was her boyfriend. It doesn’t make any sense to me.”

      This adds yet another waiver to the many different explanations Sollecito provided over the years about the same details.

      In their “official” story, in the part that remained consistent, Knox and Sollecito both claimed that Knox left his flat the morning after Kercher’s murder and returned home, where she noticed the door left wide open and witnessed blood spots in the bathroom.

      Knox claimed that she found it odd and just assumed that one of her roommates was menstruating and left blood behind. She proceeded to take a shower and returned to Sollecito’s flat and ate breakfast.

      2. Telling Narrative Change

      “Certainly I asked her questions,” Sollecito explained in his latest interview. “Why did she take a shower? Why did she spend so much time there?” When asked what responses he had for these question Sollecito replied, “I don’t have answers.”

      In the interview, Sollecito said Knox left his apartment to take a shower, then returned hours later looking “very agitated.”

      Yet, in an interview with Kate Mansey on 4 November 2007 just two days after the murder, and two days prior to arrest, Sollecito said:

      But when she went into the bathroom she saw spots of blood all over the bath and sink. That’s when she started getting really afraid and ran back to my place because she didn’t want to go into the house alone.


      3. RS Differs Sharply From Knox

      This is a far cry from what Knox said in her email also dated 4 November 2007 to friends and family, Knox wrote:

      I returned to raffael’s place. after we had used the mop to clean up the kitchen i told raffael about what i had seen in the house over breakfast. the strange blood in the bathroom, the door wide open, the shit left in the toilet. he suggested i call one of my roommates, so I called filomena.” (6th paragraph).

      The discrepancies between Knox’s version and Sollecito’s version is strikingly different.

      • Raffele claims Knox was visibly distraught when she returned and that this was the focus of discussion (i.e. being the first thing they discussed).

      • Knox claims that she did not even bring up the bizarre circumstances back at her apartment until “after” they finished mopping the kitchen floor.


      4. My Analysis Of The Above

      In his latest statement, Sollecito is clearly trying to distance himself from Knox, believing that there is far more evidence against her than against him. But:


      • Sollecito forgets to mention the bloody barefoot prints at Knox’s apartment, found to be in Kercher’s blood attributed to him.

      • Also the knife found in his apartment that scientists say was the murder weapon.

      • Also his DNA found on Meredith Kercher’s bra that was found in her room, even though Sollecito claims that he was never ever in that room.

      • Also his own strange behavior, which includes providing a false alibi (saying he and Knox were at a party with a friend on the night of the murder).

      Also several conflicting other versions.

      But what’s there to question if you [Raffaele] were with Knox the whole day and night of Meredith Kercher’s murder?

      It appears as though Sollecito is alluding to the notion that he knows something far more than he is saying; yet, he is being very careful with his words””only providing us with a hint of this.

      His latest statement is a clear attempt to distance himself from Knox.

      5. Sollecito Freaks Out On Twitter


      Sollecito appeared on Twitter recently, for what he claimed was to answer questions and clear his name.

      He was very outspoken of his innocence and had no problem in his witty, sarcastic responses to those who questioned his innocence.

      However, when I asked him about the Mansey interview he denied claiming that he was with Knox at a friend’s party on the night of the murder [huh?!].

      Sollecito disappeared for a couple of days, came back to Twitter writing only in Italian, and ceased responding to any more questions.

      Is it possible that Sollecito will turn on Knox altogether at some point when the pressure mounts over the next year? Guess we’ll have to wait and see”¦



      Cross-posted from Savive’s Corner


      Wednesday, February 19, 2014

      Our First Reviews Of The Painstaking BBC-3 Report First Aired In The UK On 17 February

      Posted by The TJMK Main Posters




      Review by SomeAlibi

      Watching “Is Amanda Knox Guilty” was a funny thing. I suspect for people following the case closely, on either side, it was a sobering experience. Not because it changed perspectives, but simply to see how quickly one hour passed and the necessary trade offs that had to be made to fit within that schedule. The opportunity cost was a level of detail to which in-depth followers have become accustomed.

      Just one example: Sollecito and Knox’s partial alibi that they were checking their emails on the night of November 1st was explained as being challenged by two broken computers. Perhaps, (although unlikely to be the material issue) but where was the much more salient fact that their ISP records showed that was conclusively untrue? Where was the challenge: if you say you’re checking emails to establish part of your alibi against a murder and it is shown to be absolutely untrue, what does that suggest…?

      There were many other “clinchers” that had to be let go in the name of brevity. But it wasn’t that sort of documentary - it was neither a case for the prosecution or a case for the defence: it put the main suggestions at the level of detail that was possible and it allowed both sides to speak to the points at that level of detail.

      I find it interesting that there has been such a howl of bias from those supporting Knox and Sollecito. Objectively there’s no good ground for it: the documentary allowed both sides forward in equal measure and no pro-justice watcher would celebrate it as a pro-conviction piece.

      The arguments were balanced, the video, audio and picture quality eye-opening. For those on the other side, their markedly different reaction appears to be that the documentary has broken the taboo that The Evidence Shall Not be Told. The idea that there is an easy-to-consume piece that puts forth the case and defence equally is seen as a disaster.

      The campaign for Knox continues to be obsessed, beyond all things, with trying but now failing to make sure the public doesn’t know the basis of the case. For a long time they hoped to drown out the multitude of terribly inconvenient truths within it by screaming “no evidence”. ‘Is Amanda Knox Guilty’ put the lie to that conclusively, but fairly, and now many hundreds of thousands, perhaps soon to be millions will ask themselves why those supporting Knox and Sollecito have had to adopt this tactic at all.

      If they really are innocent, why has the case against them been so comprehensively white-washed in the US?

      The conclusion, is rather simple and I saw it encapsulated on a large television screen last night with the repeated clips of Amanda Knox and Raffaele Sollecito outside the cottage kissing and “comforting” each other: there for a fraction of a second, shown several times, is Amanda Knox, unable to stop herself glancing at the camera filming her and stealing her gaze away again very quickly pretending she hasn’t.

      It’s a look that says everything: furtive, pretending it didn’t happen, immediately covering up in a way that poses a stark proposition: why on earth would you do that if you had nothing to hide?  And like so much of the multiple collapsing alibis and non-working answers and the desperately dishonest fingers-in-the-ear “no-evidence” pretence of those supporting her, is a proposition that can withstand no scrutiny.

      Review by SeekingUnderstanding

      What a relief to watch a very clear and unbiased narrative. The quality of the visual information was top rate - seeing so much original footage, and presented as it was in a logical time sequence.

      Even though I was already familiar with the evidence, including the photographic material, I found it very helpful to see it all presented in this way. I appreciated, too, hearing and seeing the excerpts in original Italian (along with English translations). It added even more authenticity.

      I hope that, at long last, this will have helped some - or hopefully many- people to see that the two ‘camps’ in this case do not divide into AK supporters and AK ‘haters’. There are the FoA and their followers ...and there are the others who seek the objective truth and justice.

      If hate has been generated in some quarters, then the Knox (and Sollecito) camps need to look to themselves and their own behaviour. This programme was important in the tone it set.

      I actually found it to be quite lenient towards the defence on a number of counts.

      There were several instances where the defence point of view could have been strongly countered by known and established facts, but, bending over in fairness, these were left unanswered.

      Here are just four instances :

      1) In the discussion around the blood and DNA left in the bathroom - Dr. Gino’s assertion that ‘the blood/DNA ‘could have come from anywhere’ might have been countered with AK’s own declaration that the bathroom was previously clean. Dr. Gino also suggested a very improbable scenario of ‘it could be saliva’ (on the bidet?). Cassation emphatically said that it must be shown HOW any suggested contamination could have occurred.

      2) There was a missed opportunity in discussing the knife presumed to be the murder weapon to mention Sollecito’s lame, unreal excuse of ‘Meredith pricked her hand’ etc.

      3) Anne Bremner stated ‘Amanda could not have turned overnight…into a murderer’. Attention could have been drawn to many things, both physical events (her predilection for cruel pranks, including a staged burglary in the US, and wild parties, etc), and also many psychological indicators that would have clearly shown how her behaviour has, in fact, demonstrated consistency.

      4) In the discussion re the bra clasp, the delay partially being caused by the defence themselves was not mentioned. Also, detailed discussion re the one bare footprint on the bathmat was omitted.

      Since there is, in fact, so much evidence, it must have been difficult to chose and balance what did go into the hour long programme. All in all, I feel Andrea Vogt and her team worked hard, and did very well to let the facts speak for themselves.

      I hope it will lay a few fictions and myths to rest.






      Review by Earthling

      What is the “Amanda Knox trial” (really the Meredith Kercher murder trial) really about? Is it about an innocent 20-year-old pretty white girl being railroaded by the medieval Italian justice system?

      Or is this actually a murder trial, about the fact that a beautiful, intelligent, ambitious young woman, innocently trying to improve her life by study abroad, was brutally murdered?

      I believe it’s the latter, and the BBC3 production gives us one of the first truly balanced reports on this trial.

      The filmmaker starts from the beginning, and takes us through the murder, investigation, and various trials and appeals up to the present day. Instead of the breathless “Perils of Penelope” tone (toward Amanda Knox) that most such previous “documentaries” have taken, this one takes a sober look at the actual evidence.

      Did you realize that there are luminol-revealed bare footprints in Knox’s size in the apartment? Luminol reveals blood and a few other substances; but those substances can be ruled out because the test was done six weeks after the murder, by which time those substances would have dissipated.

      Blood doesn’t dissipate. This documentary shows you those bloody footprints in all their creepy glory, something never shown on American TV before.

      “Is Amanda Knox Guilty” also speaks of the actual DNA evidence in the cottage linking Knox to the murder, including five mixed-DNA spots (Knox and Kercher) that tested positive for blood. Both prosecution- and defense-oriented experts are allowed to comment on this evidence, and the viewer is allowed to make up his or her own mind.

      My one criticism is that a lot of the evidence against Knox (witness statements, cell phone data, fake break-in) is skimmed over or not even mentioned. Also, because the documentary quotes Rudy Guede’s position at length without any contradictory narrative, it is confusing as to whether the filmmaker might have believed him.

      In the end, the filmmaker says, he was convicted of participating in the group murder. However, a stronger statement against his “I’m entirely innocent” defense would have been good.

      Other than these quibbles, this is the best documentary on the Meredith Kercher murder case that I have ever seen.

      Review by ZiaK

      I watched the BBC programme on the Meredith Kercher case hoping for a more balanced view of the case than has been presented in the English-speaking media to date.

      The documentary does present some of the evidence against Knox and Sollecito - including the bloody footprints, the mixed blood/DNA traces in the bathroom and corridor, the bra clasp, the knife DNA evidence, the strange timings of phone calls to police, the unlikelihood of the “break-in” being anything other than staged - but omits to point out that none of the other flatmates’ DNA was found in the blood traces, so saying that “it’s because Meredith and Amanda shared a flat” is misleading.

      Nor does it point out that, although the murder knife was found in Sollecito’s flat, none of HIS DNA was found on it: it had only Amanda’s and Meredith’s DNA.

      The programme didn’t cover the cell-phone evidence, showing that neither Knox nor Sollecito were where they said they were, at the times that they claimed. The programme also repeated the “Friends of Amanda” PR soundbites, such as “there was no evidence of Amanda in the murder room” - whereas the fact that her footsteps tracked blood OUT of the room are actually evidence of her having been present IN the room before it was locked (i.e. at the time of the murder).

      Furthermore, in my opinion, the narrator’s voice seemed to evince sympathy towards Amanda, rather than describing events with a passive or objective tone of voice.

      As one of the translators who has participated in translating case documents (such as the judges’ reports describing why they came to their decisions), I am only too aware of the extent of evidence against Knox and Sollecito, and I would like to see knowledge of this evidence become more widespread throughout the English-speaking world.

      The BBC programme is a step towards this, but in my mind, only a very small step. I hope the pace will pick up soon, and more objective and extensive knowledge of the true facts of this case will be made available to everyone so they can form a rational opinion of the case based on true understanding.






      Review by Cynthia

      I’ve just watched this, and it’s very good - with a huge amount of footage hitherto unseen (directed by Andrea Vogt).

      For what it’s worth, I note the following points:

      1) There’s no mention of Meredith’s friends who heard Amanda say ‘she fucking bled to death’ before the fact was known to anyone else. Perhaps they didn’t testify, being too distressed? If so, it’s a great pity, because it seems a veritable clincher that hasn’t been used at all.

      2) The bra DNA arguments are quite extraordinary. If we can determine that we all have Neanderthal DNA (tho’ I know a lot of American fundamentalists don’t believe that mankind goes back more than 6,000 years!) I can’t for the life of me see why DNA would be unusable after a poxy delay of 12 days ...

      3) The argument that the Luminol traces may indicate not barefoot treading in blood but in bleach seems absolutely unbelievable to anyone who does housework (like me!) Bleach is horrible stuff, and you really, really don’t want to be getting it on your bare skin. Even Amanda, with her vestigial domestic skills, would have noticed if she’d trodden in it.

      4) Bremner says Amanda was an honor student. She wasn’t; she had funded herself (not that that’s discreditable). (Also, are honor students unable to write cursive script? The shots of her handwriting show that she can’t do joined-up writing. [Or thinking.] I don’t know whether the phrase exists in American English, but not doing joined-up writing is a term of great intellectual contempt in English.)

      5) We saw Amanda’s ‘mask’ speech. This is really interesting - who would even think that masks were being put on them if they weren’t using them themselves?

      6) The programme mentions the little-reported fact that another, smaller knife found at Sollecito’s also had Meredith’s DNA on it.

      7) The film omits to mention Hellman’s lack of any experience in criminal trials.

      8) Every shot of Amanda in the film has her talking about ‘me’ and ‘I’. She never, ever mentions Meredith - it’s all about HER suffering. She never even says ‘the murderer is out there - I wish you’d stop persecuting me and get them’.

      Presumably this is because Guede is supposed to be the sole murderer - and nobody seems in the slightest bit worried that there’s no murder weapon with HIS DNA on it! (Yes, there are his turds - but that wasn’t what killed Meredith.)

      9) FOA has used the fact that the recent jury took 12 hours to deliberate over the verdict as an indication that they couldn’t agree. But why not just that they were being extremely careful and re-examining everything?

      10) Finally, just an observation: Maresca speaks the most beautiful Italian - you can hear every word calmly flowing past.

      Review by Miriam

      Much appreciated. Outside of the Porta a Porta transmissions on the case, the best I’ve seen.

      I understand they had to give both sides, but I felt that the defense came out on the losing side. I thought it funny that it was implied that since they only tested for blood it could of been saliva.

      I don’t believe even her supporters would argue that Knox was so quirky as to brush her teeth in the bidet! Or maybe she spit in the bidet, in which case Meredith would have had every reason to complain about her bathroom habits!

      Now if only this or something like this would air in the U.S.






      Review by Sara

      This is actually one of the most objective and well-researched reports I have seen on the case and I am very happy that BBC has managed to be so unbiased.

      It presents both sides of the story equally well and does an excellent job of countering the extremely silly “no evidence” argument that the FOAkers like to repeat at equal intervals.

      Regardless of what one believes, I think the documentary will at least succeed in convincing most people that there is indeed sufficient evidence against the two of them, and Italy’s judicial system is not crazy to convict people without any evidence.

      My favourite part was when the defense DNA expert (can’t recall her name) tried to explain away the mixed blood evidence by saying that one of them could have had a nose bleed, and the other could have cut her hand in the same place leading to mixed blood.

      Come on already, what are we? Kindergartens making excuses for not handing in homework? What is the possibility that both of them would bleed in exactly the same places not once or twice but multiple times? I think anyone with a bit of sense can see that they are clutching at straws.

      However, I was a bit disappointed that few things were missed out. For instance, the fact that Guede’s footprints led straight out of the house, the fact that Amanda’s lamp was found without any obvious reason in Meredith’s room, Amanda’s extremely odd midnight call to her mom that she conveniently “forgot”, her million showers despite her concern towards “water conservation” etc.

      Sollecito’s multiple changing stories were not really elaborated upon (the story in which he went to a party, the one in which he checked emails, the one in which he pricked Meredith etc etc).

      Also, inconsistencies between their accounts of various events could have been pointed out (Was Filomena’s door open or close? Did AK call Filomena from the cottage or from Sollecito’s house? etc).

      Witness accounts were not given any screen space either. I think touching upon these would have made the documentary even more impressive.

      That said, I understand that the team has done the best they would within the limited time they had, and everything just cannot be accommodated within one hour.

      So, all in all, kudos to the team and BBC for a job well done.

      Review by Odysseus

      I though it was a very competent overview of the case. After so much pro-defendant spin in the MSM (no doubt engineered by the American defendant’s PR outfit), it was refreshing to have a sane, measured and rational presentation. The victim deserves no less.

      Congratulations to BBC3 and to the programme makers. It’s good to know that the BBC of blessed memory hasn’t been entirely dumbed-down nor intimidated by “partial outside interests”, the latter being director Andrea Vogt’s own description of the forces intent on muddying the waters in this case.





      Tuesday, February 18, 2014

      Congratulations To The BBC For A Report Emphasizing The Sheer Extensiveness Of The Evidence

      Posted by The TJMK Main Posters



      [From the BBC report: Meredith the night before the cruel, deadly attack with her Halloween friends]


      This is the painstaking and obviously expensive report by Andrea Vogt and Paul Russell with interviews in London, Seattle and Perugia.

      It was aired by the BBC on 17 February. Considerable time is allocated to defense lawyers and experts and the Knox family and Ann Bremner of the FOA taking their best shots at explaining how Knox could maybe have not been involved.

      Still, the sheer mass of the evidence remains as the 80,000 pound elephant in the room, lacking any hint of a realistic alternative explanation. Three people committed the horrific attack, including Rudy Guede and two others.

      Only Knox and Sollecito remain pointed to by dozens of evidence points as those two others. Not one single evidence point indicates anyone else was involved. The Masssei trial court got it right as the Nencini appeal court just confirmed.

      We will enquire if we can embed the hour-long video. But as it may be picked up by US and other foreign media outlets, we will start by simply summarizing it soon.  Assessents by those who have already seen it are welcomed.


      Tuesday, February 11, 2014

      The Much-Demonized Rudy Guede Is Back In The News And Increasingly Threatening

      Posted by Peter Quennell





      Rudy Guede has long DELIBERATELY been demonized so that the attack on Meredith can be assigned to him alone.

      This description of Guede’s early days in the Ivory Coast and Perugia in the excellent Darkness Descending by Paul Russell and Graham Johnson remains the ONLY one that fully checks out. Certainly not that by the dishonest PR shill Nina Burleigh.

      Guede wasn’t especially an angel, and some in Perugia were iffy about him. But he had real friends, and up north he held a real job with a real career future, until that prospect imploded and sent him haplessly back to Perugia.

      Late in October 2008 Judge Micheli discounted all that Guede ever said about his role in the attack on Meredith in various conversations and statements, and sentenced Guede to 30 years.

      But Judge Micheli also concluded that there was no firm evidence either that Guede acted alone or that Guede was a drifter, drug dealer, knife wielder or burglar (Micheli was very sharp with one witness who claimed Guede may - may - have broken into his house).

      In 2009 through his lawyers Guede enquired of the prosecution whether he might testify at the Knox-Sollecito trial.

      But the prosecutions’ hands were already tied by the indictments and they (rightly) believed they had a really strong case regardless of anything Guede could add.

      At the 2009 trial the defenses pussyfooted around and never settled for a firm position on Guede. They floundered in their subdued attempts to prove that Guede or somebody else unknown was the so-called Lone Wolf.

      The Lone Wolf theory is really a zombie theory with so many stakes through its heart that no court will ever take it seriously.

      Guede’s steadfast fallback position before and since was that he was only in the house on the night of the attack because Meredith invited him to come in and they began love-making.

      At his late-2009 first appeal and also at Sollecito’s and Knox’s 2011 appeal before Judge Hellmann, he increasingly firmly pointed the finger at Knox and Sollecito as the murderers.

      Guede had been initially inclined to let sleeping dogs lie after he was mysteriously beaten up in the sex offenders wing of Viterbo prison, where prisoners are meant to be kept very safe.

      But Judge Massei’s scenario of the attack on Meredith in his March 2010 Sentencing Report, with Rudy Guede as the lead instigator, really bothered him.

      And in mid 2010 he became even more bothered when claims were made by a fellow prisoner the baby killer Mario Alessi that Guede confided that he really had committed the murder, along with two others. Not with Knox and Sollecito.

      A very angry Rudy Guede in turn wrote a letter denying this which very rapidly went public.

      In 2011 there was a tense confrontation in the Hellmann court (which several times descended into chaos) when this letter, in which by now Guede firmly accuses Knox and Sollecito, was read out for him.

      Guede stuck to this position on the stand, and he was not required to face full cross-examination by the shrill, frustrated defenses because he was already convicted and no longer the one on trial. 

      Seemingly fed up with all the dirty tricks against him and the now-incessant Knox and Sollecito mantras in the media that Guede had acted alone, he has come out with another letter.

      Italy’s AGI News Service has posted this letter to an unidentified recipient, along with this report.

      (AGI) Perugia, February 11 “Against me are being repeated false imaginated reconstructions of the crime for the sole purpose of wanting to denigrate my figure and person, systematically and in a negative way, in the public eye and not just in Italy.”

      He apparently also posted what he wrote in his own hand on the Facebook page “Legal processes and their surroundings”...

      The letter is on a sheet of notebook paper handwritten and signed by Guede.

      “To my regret I am again forced to take a pen and paper and write for the sake of the truth.. to all those thousands of people who still believe in justice.”

      “They can not access all the pleadings and components of this sad and extremely complex legal case which was dramatically painful for those who lived it . My sentence and judicial reasoning have been for too long subject to a continuous and willful manipulation and alteration of the data of the proceedings.”

      “Against me are made continuous false and imaginary reconstructions for the sole purpose of wanting to denigrate my figure and person, systematically and in a negative way in the public eye and not just the Italian.”

      “In the final judgment, as far as I’m concerned about these false and imaginative reconstructions, is that I was acquitted of theft and simulation of crime, a fact that I never hear mentioned in the various journalistic reconstructions.”

      “I also want to point out I do not accept in any way to be passed off and continually held up as a drifter, a thief, a homeless man, seeing my person and my dignity offended continually, denigrated and stereotyped by facts and things that do not realte to me… when I had a beautiful family and precious squeaky clean and friendly relations in Perugia.”

      Fast-forward to today, where reports say that Guede is getting close to day-release for study purposes and may only be months away from making more evidence against Sollecito and Knox public.

      Our posting lawyer TomM has looked at the issue of Guede being allowed out to study, and finds it regular and humane in this assessment.

      I respect the Italian system of criminal justice. Just as I recognize that the Italian courts have much better information than anyone posting on the internet relating to the culpability of the defendants in this case, I also think that the people who oversee Guede’s stay in prison are better informed as to his fitness to be reintegrated into society. That he would be allowed out during work days to become better educated, returning to his prison cell at the end of the day seems to me a more enlightened approach than what we do here.

      We used to have training programs in prisons. I don’t know that they were “cushy”, but they did work, so that when these convicts were released they were equipped with a marketable skill and rarely re-offended. But, the public thinks these were too cushy, so more Draconian circumstances and longer sentences are now the norm. It used to be people were sent to prison as punishment, now they are sent for punishment.

      Sometimes when a prisoner who has spent his or her entire adult life in prison completes the sentence imposed, they have to be physically dragged from their cells, so ill-prepared are they for anything other than doing time. With no skills, social or job-related, they re-offend—surprise, surprise. Sometimes re-offense is for the purpose of being returned a world that, for all its dangers is, to them, relative safety.

      While it is certainly true that prison doesn’t have much impact on sociopaths, the one thing they are attached to is money. Taking away their money does impact their behavior, so there is an alternative to killing them.


      Monday, January 27, 2014

      An Investigation Into The Large Knife Provides Further Proof That This Was THE Knife

      Posted by Ergon


      Overview

      This is the first report of an investigation (the second part follows soon) of the kitchen knife used in the murder of Meredith Kercher, RIP.

      Specifically its compatibility with the imprint of a bloody knife found by police investigators on her bed under-sheet which as you will see here seems possible to prove.

      Two other recent posts also concentrated on aspects of the knife as strong proof: (1) proof of both Knox and Kercher DNA and (2) proof from the throat wounds.

      • Reference files are from very high definition crime scene photos not in general circulation.

      • Grateful thanks to the volunteers of the Meredith Kercher community who assisted in this production


      Florence Court of Appeals

      This is our poster Machiavelli, tweeting from the Florence courtroom on November 26, 2013:

      “(Prosecutor Alessandro) Crini stated that this kitchen knife was compatible with the knife print on Meredith’s bed sheet”.

      And this is from the defense summing up on January 09, 2014:

      Bongiorno: “It’s too big, not the murder weapon.”

      “Bongiorno shows a picture with an envisioned “knife” (pocket knife belonging to Guede?) together with the print on the bed sheet.”

      “Nobody brings a “small blow with a big knife” “You don’t use half of a big knife” (she says)


      Genesis of an investigation:

      To recap: evidence was been presented at the Massei court of the first instance, which accepted that the kitchen knife, containing both Meredith Kercher’s DNA on the blade (trace B) and Amanda Knox’s DNA on the handle (trace A) was the weapon that struck the fatal blow to Meredith Kercher’s throat.

      At some point after the attack, the perpetrator, Amanda Knox, puts it down on the bed, leaving “hematic stains” (bloody imprints) on the mattress.

      The court concludes the shape of the imprints are compatible with the kitchen knife. It also concludes, based on the size of a lesser wound that a second, smaller knife caused the wound on the other side of the neck, and, the impossibility of accepting that a single weapon inflicted both wounds.

      This is what it boils down to now, as we come to the final arguments of this case on January 30, with a decision to be handed down by the court later in the day:

      • Was the kitchen knife found in Raffaele Sollecito’s kitchen the murder weapon that killed Meredith Kercher on November 01, 2007?

      • Did the killer leave behind proof in the form of bloody imprints on the under sheet covering Meredith’s bed?

      • And is the defense trying to divert attention away from it, even though the image on the bed fits the dimensions of the kitchen knife?

      • And pointing to a second knife, not ever found?

      This article (to be followed by part II) was prepared to offer answers to these questions.

      Methods used

      As someone with a keen interest in photography, I know we see things in photographs that are not always apparent to the naked eye.

      Where before we had all been misled by low definition photographs released by the defense to obscure incriminating details, I was able to obtain and view the high definition photographs shown here that proved that indeed, the bed imprints matched the seized kitchen knife, exhibit 36.

      These photographs, first posted at Perugia Murder File Evidence Files have been circulating for some time, with members trying to match the knife to the bed imprints, but not, in my opinion, being able to match it exactly.

      First, note that the killer placed a knife on two separate locations on the bed, marked by reference cards “J”, and “O”. (Reference photos below.)

      I discarded “J”, because there was too much blood there to form an accurate measurement.  The killer lifted the knife and then placed it at “O”, which gave a better image, but even then, did not match exactly. Still, it was clear the images looked like a kitchen, and not, a pocket knife as alleged by the defense.

      Looking at the reference photo, I saw a double image of a knife blade at “O”. (see where there’s a curved edge of the blade? That’s what convinced me there might be a double image there)

      Conclusion reached

      My opinion is the knife shifted slightly when it was placed there, hence the double image, which now made a perfect match with the kitchen knife, in both instances (see reference photos).

      So I got a professional illustrator and other skilled people people to do the scale drawings and produce the video you see above which seems to provide conclusive proof the murder knife was placed on the bed.

      Reference photos:




      Image 1 above (click for larger image): Bed II (Image J and O on under sheet, shot November 02, 2007)




      Image 2 above (click for larger image): Knife II (Image O on under sheet, shot November 02, 2007)




      Image 3 above (click for larger image): FOTO5BIS (Conti-Vecchiotti lab, Mar. 22, 2011)




      Image 4 above (click for larger image): Knife-Bed-Vector-AllScales (To prove the scales used to match the images)




      Image 5 above (click for larger image): Knife-pos-lower-hi (The knife’s first resting position at “O”)




      Image 6 above (click for larger image): Knife-pos-upper-hi (The knife’s final resting position at “O”)


      Next steps

      There are only four more days left till the Florence Appeals Court under Judge Nencini issues its verdict.  It must of course consider ALL the evidence, of which there is a preponderance that indeed suggests the verdict will, as would be proper, be guilty as charged.

      Part II will be ready ASAP. It will be a recap of Massei on the knife, and how the defense continually tried to divert us away from the knife image by saying it did not fit the dimensions of the major wound. Also will have Frank Sfarzo’s misdirection and Bruce Fischer’s amateurish attempts to prove that Rudy Guede caused the knife wounds.

      Happy as always to do my share for justice for Meredith Kercher.


      Saturday, January 18, 2014

      False Claims In Bongiorno’s Summation: That The Wound “Proved” Sollecito’s Big Knife Was Not The One

      Posted by The TJMK Main Posters





      In defense summation on 9 January, nobody who really knows the case (such as Judge Nencini) would have bought many of Giulia Bongiorno’s outlandish arguments.

      The post below this one illustrates how Bongiorno in about half her arguments tried to demonize and mischaracterize all of Perugia, as if somehow Perugia itself had become the real villain in forcing a rush to judgment and wrong conclusion. In fact Perugia took a huge hit from Meredith’s murder but has acted gracefully and competently ever since. 

      This post by several of us after discussion in Comments is the first of two on Bongiorno’s claims about the large knife. The second one will follow next week by Ergon.

      There is no question in our minds but that this IS the murder weapon. It was proved convincingly by way of the DNA tests done by the Scientific Police and Carabinieri. Here we prove it by way of human physiology and the autopsy.

      Waving two knives with a manic expression, Bongiorno claimed that the the large knife in evidence was far too large for the wound in question - and anyway, anyone intent on murder would have easily pushed the large knife right through so there was no intent of murder anyway. Bongiorno dismissed the possibility that hyoid bone could have somehow stopped the blade, prevented it from penetrating, as the bone is not resistant enough.

      The surface location of the hyoid Bone is shown in the Illustration above; its front is only a few millimeters below the skin: The hyoid bone is loop-shaped like a C, open at the back; this Hyoid loop encloses part of the airway:


      The hyoid bone curves around the upper airway at the base of the tongue, and is also called the tongue-bone or the lingual-bone. It is located between the mouth and the larynx; therefore during inhalation air passes through the hyoid loop before it passes through the larynx, and during exhalation air passes through the larynx before it passes through the hyoid loop.

      The hyoid is an integral factor in the swallowing, breathing, and phonation mechanisms. If transected in such a way as to connect its part of the airway directly to the atmosphere, as it was in this case, swallowing, breathing, and phonation will be seriously impaired, as they were in this case.

      The coexistent bleeding from the also-transected Right Superior Thyroid Artery accelerated Meredith’s death, more by the drowning-effect of inhalation of the blood into her lungs, than by the loss of circulating-blood alone.

      Both the hyoid bone and the jawbone are mobile, which is why we can chew, swallow, talk, smile laugh, and sing, the way that we do, each of us in our own unique way.

      The Massei Prosecution Reconstruction depicted the killers making cuts obliquely from behind.

      The fatal cut started on the Left, but crossed the midline to the Right.

      Both the Right Superior Thyroid Artery, and the nearby Hyoid Bone, were severed but from Massei, it is not precisely clear where the hyoid loop was severed, and it seems that the cut did not include the midline skin; The Florence Appellate Court will have access to the relevant records.

      Here is why the hyoid could not have damaged any knife:

      It is an old rule of materials-physics that a softer substance cannot even scratch a harder substance.

      [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would not show signs of damage caused by the stabbing in this case.]

      As pointed-out recently on TJMK, some confusion has arisen, caused by a quotation in the Massei Report, where on p371is written: “”¦a single blow was apparently halted by the jawbone”¦”

      The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted by” did not mean it was stopped-by the jawbone:

      Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”

      Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “at” the jawbone.

      Skin is soft and bone is harder but there is no way that the knife striking the jawbone would halt the knife in this case, the jaw would just roll with the strike, depending on the angle of attack. [The force was not even enough to mark the jawbone itself!]

      Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife.

      When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken or dislocated, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.

      If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action.

      [Look at your own kitchen carving knife. It probably has no marks caused by striking chicken thigh bones. It will have fine parallel scratches created in the manufacturing process.]

      Any implication-in, or inference-from the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade is a figment of an uninformed imagination.

      The kitchen-knife, found in Sollecito’s apartment, with Meredith’s DNA on the blade and Knox’s DNA on the handle, is the weapon that killed Meredith.


      Thursday, January 09, 2014

      Appeal Session #8: Sollecito Attorneys Today Try To Show Where Police And Prosecution Went Wrong

      Posted by The TJMK Main Posters

      [Giulia Bongiorno today; previously she collapsed in court after a guilty verdict in PM Andreotti’s case]

      4. Tweets by Main Poster Machiavelli

      148. Bongiorno relies on her “personal belief” as last argument. Bye bye!

      147. Bongiorno offers the known arguments to maintain an early time of death. But (now) it’s late for me.

      146. She had opened her arguments by quoting Sardinian judge and author Salvatore Satta, to me the choice suggest setting a desperate defence

      145. Bongiorno built and waded through a complex building of argument employing extreme rhetoric devices, seemed to be in difficulty to me.

      144. I had the impression Nencini was skeptical because not interested in the photos and videos, did not look at them attentively.

      143. Details the “plausibility” of an intrusion through the window. Glass shards etc. arguments already seen.

      142. “Cogne” is a famous Supreme Court ruling saying guilt can be found “by logical exclusion” on sheer “a contrario” arguments.

      141. After brandishing two knifes before the court, talking about footprint, makes an emphatic comment “We are not in Cogne”

      140. Bongiorno has ended the ninja-knife-rotating phase.

      139. Now Bongiorno speaks about the bathmat bloody print. Says Sollecito’s big toes do not balance on the dystal phalanx. (old argument)

      138. Bongiorno shows a picture with an envisioned “knife” (pocket knife belonging to Guede?) together with the print on the bed sheet

      137. Nobody brings a “small blow with a big knife”.

      136. Says: to paint a large wall you need a “great” (big) brush (paraphrase of a pun from old advertisement) but you don’t use half of a big knife

      135. Bongiorno handles a big knife!

      134. My opinion: just behind the hyoid bone base there is the cervical vertebra, very resistant, it was the vertebra that offered resistence.

      133. When there is a will to kill, the blade penetrates entirely.

      132. Bongiorno dismisses the possibility that hyoid bone could have somehow stopped the blade, prevent from penetrating, it’s not resistant enough

      131. cites the report by Dr. Umani Ronchi, saying the knife is compatible, but the blade was not used entirely.

      130. Last point about the knife is the kind of blade: 17 cm long, while the wound is 8 cm deep. It’s too big, not the murder weapon.

      129. Says there isn’t a note indicating a quantifying was done.

      128. B: alleges “many mysteries” about Stefanoni’s report. Says there is no DNA amount.

      127. In Stefanoni’s report it looks like as if for all knife DNA traces RealTime had been used; and it’s not true. SAL say Fluorimeter used

      126. Another point: Fluorimeter. Stefanoni said the PCR method would have been better.

      125. Question how he could deduce the knife was compatible. Bongiorno’s points seem extremely weak.

      124. Bongiorno attacks on Finzi’s word: quotes testimony when says “It’s the first knife I noticed” and “seemed compatible with wounds”.

      123. Question is: possible that Sollecito kills and then puts the knife back in the drawer again? and that he uses a knife from his own kitchen?

      122. How is it possible to touch the clasp, but not the rest of the bra? Then Bongiorno says, now let’s deal with the knife.

      121. B: There are two questions: 1. why no traces of Knox and Sollecito (except the clasp); 2. why Sollecito’s DNA on clasp but not on bra?

      120. No trace of Knox, how could they clean only their own traces…. etc

      119. Attributes to Guede the “rest of the whole bra” plus the purse and sweater traces.

      118. Emphasizes that other objects in the room instead are “stuffed with” traces of Guede

      117. Also, there is the Y chromosome sequence but says it is not reliable for the same reasons.

      116. Mentions further reasons for criticism: 1 low template DNA 2 no second amplification (maybe confuses with knife) 3 unknown biological origin

      115. Talks about the expert claiming the DNA profile could be compatible with herself (actually wrong, the expert was a female had no Y profile)

      114. Says they “found Sollecito’s profile among a 4- individuals mixed trace”.

      113. Says Stefanoni applied a suspect-cantered interpretation method on a mixed trace with multiple possibilities. Old argument, weak.

      112. The profiles mixed in the trace are more than two, thus DNA not usable. This point of arguments perceived as weak in room.

      111. Says the bra clasp trace is a mixed trace.

      110. Says mixed DNA profiles are like overlapping of spider webs. High probability of mistake which thread belongs to which one

      109. Bongiorno bashes “inconsistence” of Stefanoni and maintains she mistook stutters for alleles.

      108. Says if we apply Stefanoni’s criteria to her own findings, the clasp X trace is not attributable to Sollecito

      107. Points out the C&V report where they object how Stefanoni considered the peaks departing from guidelines. Say C&V analyzed each peak.

      106. Asks, rhetorically, about the way how Stefanoni read the DNA profiles.

      105. Mentions the presence of other DNA contributors on the bra clasp.

      104. The usual magnified photo showing the dirt on police glove.

      103. Calls these “touchings within a contaminated environment”.

      102. Says clasp fabric was touched 14 times with one glove, then touched by other gloves.

      101. Says the clasp was moved, found under the carpet, originally was under the pillow.

      100. B. shows pictures about the object moved around in the room, carpet under table, cloths on bed etc.

      99. Complains about the searches made by Napoleoni’s team on Nov 6 & 7 and objects Prosecutor Crini is wrong when says there was only one collection.

      98. Says the bra clasp has a “materialization” on the night of Nov. 3 but was not collected because they forgot to place a tag letter.

      97. Emphasizes that the forgotten bra clasp has become the pivotal piece of evidence against Sollecito.

      96. Says about 20 people have manipulated objects on the crime scene.

      95. Emphatically lists the names of all officers who entered the house.

      94. Calls the DNA collection “mother of all mistakes” in this case.

      93. Items should be touched only once. Stefanoni told the police to not move the items.

      92. Disposable gloves must be used, new ones for each item. Quotes Intini saying impossible avoid contamination of crime scene.

      91. Says the collection of DNA is fundamental. The collection must be early.

      90. Says Cassazione didn’t read the C&V report carefully. Says not all DNA is usable. Stutter peaks should not be considered.

      89. Now Bongiorno is talking about DNA.

      88. Basically Bongiorno defined evidence against Sollecito as only three points: (1) late call to police (2) knife with Meredith DNA (3) shoe/foot print

      87. When B was describing Donnino as a psychic there were people laughing in the room. Her arguments became more effective after the first hour

      86. Bongiorno’s series of “half pieces of evidence” seemed like empty rhetoric. The use of video seemed somehow better.

      85. The late clock theory is to maintain that Sollecito did not call the 112 after police arrival.

      84. The defence theory is the clock was slow, not fast.

      83. Bongiorno showed video of alleged Police arrival recorded by parking CCTV, explains defence theory.

      82. One thing the SC and PG doesn’t know is about what she calls the “real” timing of Sollecito phone call to 112, as “proven” by defence.

      81. One mistake at the Guede trial was about the shoe print attribution.

      80. Explains that the subsequent trials of Guede got many facts wrong because they ignored subsequent development.

      79. Said Cassazione did not assess the DNA judge appointed report and that testimonies and defence reports were missing.

      78. Bongiorno explained the “reverse funnel effect” by which superior court is unaware about additional findings.

      77. Sollecito - said B.- would not intervene to help a guy he didn’t know, and not even to protect Knox whom he had been knowing 9 days

      76. If cleaning issues were a casus belli among the girls, why would Sollecito enter a raw to defend Rudy?

      75. But B. objected this is still only half a motive, because Sollecito had nothing to do with it.

      74. Apparently B. acknowledged Laura Masotho testified about problems with Knox cleaning habits. PG thinks means problems living together

      73. Talked about the “second motive” calling it “improper use of toilet”

      72. Said Guede was a drop-out, the opposite pro-black prejudice is also unacceptable.

      71. Urged the court to not assume as individual is a weak and discriminated subject just because a black man

      70. The sex theme party is “surreal” Bongiorno said.

      69. Said Knox-Sollecito was a tender relation, they enjoyed romantic kisses, were not bored 50y old seeking hot emotions

      68. The motive (sex) for the “festino” (little party) was smartly dropped by the PG

      67. The motive “accepted” (by courts) was a sex party, but the PG does not believe it.

      66. Said motive was considered almost as an optional; said prosecutor general changed the motive because had no choice.

      65. Said that Kokomani was offered 10k euros for his testimony.

      64. Bongiorno criticized media trials and said witnesses must be “virgins”, otherwise the Aladdin lamp taints the trial

      63. Said the Aladdin lamp effect is generated by media trial, in which a “monster” is chased by public opinion

      62. Bongiorno talked about “Aladdin lamp effect”: detectives wishes which materialize.

      61. Said Mr. Kokomani “materialized” when investigators had desperate need to prove Sollecito and Guede knew each other

      60. Bongiorno talked at length to substantiate a scenario of Rudy as a burglar who was used to knives.

      59. Rudi would physically approach girls and try to kiss them when he was drunk, B. Said

      58. Said Guede harassed girls and Sollecito did not know him.

      57. Said when the investigators found Rudi, they could not abandon the first suspects, because it’s difficult like leaving your first love mate

      56. Said there is no evidence the three people hung out together.

      55. Spoke about Guede’s alleged lifestyle.

      54. Said that was the nightmare of Perugia, the intruder nightmare.

      53. Said the room is flooded with evidence of Guede all over the place.

      52. Bongiorno criticized factual points addressed by Cassazione, mentions wrong early experts reports.

      51. She described Knox as almost unconscious, buckled because she trusted Sollecito, thinks the police and Raff say so, must be true.

      50. When Knox learns about bring accused by Sollecito she had a collapse while the “psychic” was saying “remember!”

      49. Amanda, B. says, did not understand why Raffaele accused her.

      48. Bongiorno urged judges to get out from codes and get into the hearts of the two young accused.

      47. Said if you believe to the Memoriale, where does it mention Raffaele?

      46. The recording of Knox’s conversation with her mother “proves she was still in delusional state”

      45. Bongiorno said even if you believe her confession, she doesn’t mention Sollecito.

      44. Said Amanda was “induced into raving” by “psychic” Donnino.

      43. Explained the three types of false confessions.

      42. Said Knox did not commit a crime but convinced herself she did. B. mentions the internalized false confession type.

      41. Talked about police mistake on the “see you later” message

      40. Said trial was determined by the fact Donnino fid not understand English well, thus sidetracked Knox

      39. But, said, if we look at Knox, it’s not her sidetracking investigation, but rather investigators sidetracking her.

      38. Said the Cassazione suggests Raffaele lied about timings of call to carabinieri, accused him of sidetracking because he lied.

      37. One of the elements against Sollecito is the accusation of having sidetracked investigation. Said it was false.

      36. Called Donnino a “medium” ( means .“psychic”)

      35. Said Donnino acted as mediator not interpreter

      34. Said Donnino altered Knox’s statements.

      33. Bongiorno criticized interpreter Anna Donnino.

      32. Sollecito’s aunts wiretapped as if they were the most dangerous murderers.

      31. Talking about insults [to Sollecito’s family members], Bongiorno cries.

      30. Says they also insulted Knox

      29. Amanda was caught by anxious urge to answer. She became uncomfortable because police asked too much, altering her serenity

      28. Bongiorno says if the court doesn’t want to read the whole interrogation (of Dec 17) they should at least read the memoriale

      27. Nencini interrupts Bongiorno: how could I read all interrogations entirely, when Supreme Court prevents me from doing so?

      26. Calunnia doesn’t mean there is evidence of murder.

      25. Only half of the house of murder investigated. An interrogation considered evidence of Knox’s calunnia.

      24. Says Raffaele was “halfed”, against him only half pieces of circum evidence: half shoeprint’ knife compatible only if you consider half of blade

      23. [My] Impression that Bongiorno’s start of defence speech was rather weak. Too much over the top, reveals weakness.

      22. shoeprint attributed in advance because boyfriend of Amanda. Speaks about “admission” by Rinaldi-Boemis

      21. She is tired of Raffaele reduced by “half”, a half character seen as a reflection of Amanda

      20. Says Knox was the main character, she was so before the trial.

      19. Speaks about “creativity” before the trial. Speaks at length about the bloody shoeprint.

      18. Bongiorno: Raf thinks he was put in jail because of wrong print. But not true: it’s because he was Amanda’s boyfriend.

      17. Shows pictures of Vinci’s analysis of pillowcase prints.

      16. Bongiorno also said other reason for suspicion was that Knox had the keys. The motive chosen was “ideal” not real.

      15. Most active and free women are seen as more suspicious.

      14. Bongiorno: women are suspected because of today women’s empowerment movements.

      13. Started from a sex party gone awry theory. They asked themselves: who could take part to such party? A 20y American sexy girl.

      12. Investigators followed Lombrosian criteria (inspired by Cesar Lombroso theories)

      11. Says: it was Perugia population who chose the less disquieting scenario, and the investigation was based on “less alarming motive” choice

      10. Bongiorno: authority had to chose between a “tranquillizing” student motive and a dangerous serial killer “worrying” scenario.

      9. Why did they accuse and put them in jail so early? They didn’t even have the knife.

      8. Complains Sollecito doesn’t find a job because has a murderer’s face

      7. Bongiorno focuses on the “early bias” against accused, since four days after finding of body.

      6. Bongiorno speech hinges around the persecution of defendants. Describes her fear, fleeing from Perugia. Says people didn’t know trial papers

      5. Bongiorno was shocked by the angry mob before Perugia courtroom [after Hellmann verdict]

      4. Bongiorno: a bloodthirsty mob chasing defendants

      3. Reads book snippet about French revolution, describe a horde of sanculots and armed citizens

      2. Bongiorno quotes Italian author Satta. Talks about “chase” of the two accused

      1. Sollecito is in courtroom

      3. Tweets By Freelance Andrea Vogt

      15. Leaving court, raffaele sollecito and father expressed satisfaction w/closing args. Perugia attorny Maori to close at next hearing, Jan.20.

      14. Bongiorno closing finish: Turn amanda off. Acquit them both, but judge Raffaele Sollecito for who he is, not for half-truths against him.

      13. A loud emergency evacuation request was just broadcast in Florence court, but the presiding judge says hearing will continue.

      12. Once you’ve seen Bongiorno wave two knives in front of an Italian jury, most other court reporting one has done seems rather dull.

      11. Bongiorno holds up butcher knife like the one in evidence to jury: “This knife is too big. It is not the murder weapon.”

      10.  New amanda knox court schedule: [prosecution] rebuttals Jan 20, with verdict on Jan 30.

      9. Florence amanda knox appeal: court breaks until 14:15. Unclear if sollecito defense will finish today or spill over.

      8. Bongiorno: Sollecito is not a puppy dog. He may have brushed her hair, cleaned her ears, but he would not kill for love of amanda knox.

      7. Bongiorno and judge exchange laughs over “unca nunca” the eskimo kiss. “I’m over 50,” he said “I need an explainer.”

      6. Bongiorno on witnesses found by local journos: “This trial had an Aladdin’s Lamp. Every time cops needed a witness, one materialized.”

      5. Bongiorno defending Amanda Knox, while at the same time clearly separating Sollecito’s position from that of Knox.

      4. Bongiorno reading amanda’s statement: “If you believe this is a confession, where’s Raffaele? He is never, never, never mentioned.”

      3. Bongiorno just read wiretapped comms of Perugia cops Napoleoni and Zugarini insulting Sollecito’s family.

      2. Bongiorno: “Amanda amanda amanda amanda amanda . . . And raffaele? Basta with sollecito always being considered Knox’s other half.”

      1. Bongiorno: Perugia declared “case closed” 4 days after Kercher murder, w/no murder weapon and a motive intended to calm public fear.

      2. Tweets by La Nazione Court Reporter

      66. Bongiorno: “In conclusion Amanda and Raffaele are innocent “

      65. Bongiorno: “I am convinced that the murderess is Rudy who has already been convicted “

      64. Bongiorno “The attack on Meredith takes place at 21.10 when Raffaele ‘s at home “

      63. Bongiorno: “Guede had already entered into three more apartments in the holiday periods “

      62. Warning to evacuate the court. But it is only a test

      61. Bongiorno: “Is it possible that the glass has been broken from the outside “

      60. Bongiorno: “The absence of traces of mud on the wall is because in those days it was not raining”

      59. Bongiorno: “Plausible hypothesis that someone has entered the window “

      58. Bongiorno: “You can not get to a liability via just exclusion . We are not in Cogne “

      57. Bongiorno: “Against Sollecito, no real clue “

      56. Bongiorno: “The footprint on the rug is not Sollecito, his foot does not match “

      55. Bongiorno: “The murder weapon is a boxcutter knife with 8 inches “

      54. Bongiorno: “The knife found at Sollecito’s house is not the murder weapon “

      53. Bongiorno: “Depth wounds on the victim is not compatible with the size knife “

      52. Bongiorno addresses the issue of the knife

      51. Bongiorno: “Absurd to think that Amanda and Raffaele have deleted only their tracks

      50. Bongiorno: “How can you think that there is only a trace of Sollecito on the clasp ? “

      49. Bongiorno: “On the scene of the crime no trace of Amanda, but only Rudy Guede “

      48. Bongiorno: “On the hook there are traces of four profiles of DNA “

      47. Bongiorno: “That hook looks like it was taken from a landfill “

      46. Bongiorno: “The hook was crushed during the inspections “

      45. Bongiorno: “The bra clasp was moved “

      44. Bongiorno: “The hook of the bra is not at the first inspection reperted “

      43. Bongiorno: “About 20 people came to the house between the two surveys

      42. Bongiorno: “The finding attributed to Sollecito jumps out only in the second survey “

      41. Bongiorno: “It is not true that no one came on the scene between the two surveys “

      40. Bongiorno addresses the issue of DNA on the bra clasp of the victim

      39. After the break the summation of lawyer Giulia Bongiorno starts again.

      38. The hearing is adjourned for an hour

      37. Bongiorno ( Sollecito defense ) : ” Rudy Guede did not want to respond to our defense [at Hellmann appeal] “

      36. Bongiorno ( Sollecito defense ) : “No survey has ever spoken of the presence of more subjects [than one]”

      35. Bongiorno ( Sollecito’s defense ) : “It was Raffaele who raised the alarm”

      34. Bongiorno ( Sollecito’s defense ) : “And we demonstrated that Sollicito called 112 before the police arrived “33. Bongiorno ( Sollecito’s defense ) : ” If the motive are disputes on the hygiene of the house, where was Raffaele ? “

      32. Bongiorno ( Sollecito’s defense ) : ” The indictment identifies the changes to driving and excessive use of water”

      31. Bongiorno ( Sollecito’s defense ) : “the relationship of Amanda with Raffaele was tender, kissed like Eskimos “

      30. Bongiorno ( Sollecito’s defense ) : ” Guede unwelcome, if there had been a party he would not have asked “

      29. Bongiorno ( Sollecito’s defense ) : ” In this process, the motive is considered an option, but it is not “

      28. Bongiorno ( Sollecito’s defense ) : ” Absurd to think that Sollecito and Guede became known that night “

      27. Bongiorno ( Sollecito’s defense ) : ” The witness who spoke of the friendship between Raffaele and Rudy Guede was denied “

      26. Bongiorno ( Sollecito’s defense ) : ” Amanda Raffaele prosecuted even when they told [the truth?] “

      25. Bongiorno ( Sollecito ) : ” Absurd Amanda putting herself at the scene of the crime”

      24. Bongiorno ( Sollecito’s defense ) : ” Amanda never pulled into the dance Raffaele “

      23. Bongiorno ( Sollecito’s defense ) : ” Amanda wassidetracked , it is she who is derailed “

      22. According to the lawyer Bongiorno interpreter on night of interrogation of Amanda did not just translate

      21. Bongiorno ( Sollecito’s defense ) : ” The interpreter admiited to having helped in the court”

      20. Bongiorno ( Sollecito ) : ” The interpreter confirms that she has done so in trial court as mediums in the interrogation “

      19. Bongiorno ( Sollecito ) : ” Amanda says that the interpreter invited her to remember”

      18. Bongiorno ( Sollecito ) : “There are black pages in this investigation “

      17. Bongiorno ( Sollecito ) : ” According to the documents offenses of aunts of Sollecito by those who listened to the wiretaps “

      16. Bongiorno ( Sollecito ) : ” Amanda and nighttime interrogations without a lawyer “

      15. Bongiorno ( Sollecito ) : ” The identikit identfication of the killer as Amanda proceded and generates slander “

      14. Bongiorno ( Sollecito ) : “On the footprints attributed to Sollecito there was a big mistake “

      13, Bongiorno ( Sollecito ) shows some slides in the court on the footprints at the crime scene

      12. Bongiorno ( Sollecito ) : ” Raffaele is not the only other half of Amanda . Just a quick passion “

      11. Bongiorno ( Sollecito ) : ” Amanda was the stronger of the pair with Sollecito “

      10. Bongiorno ( Sollecito ) : ” Amanda was leading [the two] before becoming involved in the legal process”

      9. Bongiorno : ” Starting from the motive of the game , Amanda seemed like the perfect one guilty “

      8. Bongiorno ( Sollecito ) : ” They have chosen an ideal motive and then followed the criteria Lombroso “

      7. Bongiorno ( Sollecito ) : ” A creation was the motive to reduce fear in Perugia , a party gone wrong “

      6. Bongiorno ( Sollecito’s defense ) : ” In record time, the case was declared closed almost immediately , after four days ‘

      5. Bongiorno ( Sollecito ) : “Against Amanda and Raffaele horde of red herrings”

      4. Bongiorno ( Sollecito ) : “Sollecito was branded a murderess when there was no evidence “

      3. Bongiorno ( Sollecito ) : ” Raffaele and Amanda have become the symbol of depravity ‘

      2. Start of the argument of the lawyer Giulia Bongiorno , Sollecito’s defense

      1. Start of the hearing. Today it’s up to the lawyers Raffaele Sollecito

      1. Overview post Wednesday by Andrea Vogt

      Website of Andrea Vogt

      Defense lawyers Giulia Bongiorno and Luca Maori will give closing arguments on behalf of Raffaele Sollecito Thursday in Florence, starting at 10 a.m.

      While Amanda Knox has been the main focus of attention for most of the U.S. media covering this case, Sollecito has increasingly become the object of gossip in the Italian press, with tabloid magazines like Oggi regularly publishing snaps of him on vacation this winter in Santo Domingo.

      More recently several local newspapers in Veneto published speculation about a new woman friend and fellow University of Verona student with whom he had been hanging out with over the holidays in a small town near Treviso.  Amore or amica? He’s not about to tell.

      At his last spontaneous declaration before the court Sollecito complained about his lack of privacy and pleaded with the jury to give him his life back. Tomorrow his lawyers will make the case for his innocence formally to the judge and jury. Expect fireworks from Bongiorno, famous for her captivating oratory and no stranger to high-profile cases “” having cut her teeth as defense lawyer for former Italian prime minister Giulio Andreotti.

      ol


      Saturday, December 14, 2013

      Why Is Appeal Prosecutor Crini So Very, Very Interested In The Precise Position Of Filomena’s Door?

      Posted by Cardiol MD



      [Above, we can see Filomena’s grey door, at hard left; ahead are Meredith’s & Knox’s bedrooms]


      Do please bear in mind that this appeal was initiated by Knox and Sollecito, and the verdict, sentence and sentencing report they dispute is Judge’s Massei’s from the 2009 trial.

      The subject of one of Dr Crini’s focuses - whether or not Filomena’s door was open at the various times Knox and Sollecito stated they went to the women’s apartment on the morning-after ““ is a crucial one, relevant to proving Knox’s and Sollecito’s lies and obfuscations.

      Wasn’t the staged break-in to Filomena Romanelli’s room glaringly obvious? In the early morning of November 2nd, 2007? In spite of the Knox/Sollecito obfuscations?  There is much information in Massei on this question, pointing to many very obvious obfuscations.

      Now, for the legal requirements of beyond-reasonable-doubt (BRD) actual, literal quotations are needed. Much relevant information can easily get “˜lost in translation’ not only at the superficial level of paraphrase, as in “They said that”¦..”, but also at the more subtle level of the formats used for quotations.

      Some of the Massei Report as translated consists of the actual oral quotations of witness statements, some are quotations of the content of written documents, but some consist only of paraphrases of both oral statements and of written documents.

      For some quotations, especially nested-quotations the translation uses various formats, beginning either with a comma or an apostrophe, ending with an apostrophe, and, in my copy, some back-slashes.

      This mixture can be confusing to some readers, and Knox and Sollecito are seasoned veterans of exploiting such translational losses. That is a major factor in their continuing obstruction of justice: using chronic obfuscation.

      He said, “She yelled, ‘I’m going to kill you.’ “


      This quotation-format has been substituted in this post where it seems appropriate. It is hoped that when this format is used only to indicate editorial irony it will be self-evident.

      John Follain and Will Savive also make a number of relevant references, and so do some Wiki articles whose authors are too modest to identify themselves though “˜Underhill’ has been mentioned as a co-ordinator.






      Of course, the members of the Florence Appellate Court have access-to, have probably already read, thousands of pages of evidence, including the actual verbatim witness-transcripts, and that Court will make up its own mind independent of what is written elsewhere.

      Here are some of the Massei “˜door’ instances - this is a selection of a relevant 6 out of a grand total of 192 instances:

      Massei Page 28: [Amanda Knox and Raffaele Sollecito ““ said that they were waiting for the carabinieri whom they had called since “coming back to the cottage in the morning because they had been away for the night” and finding “the entrance [15] door open and then the window broken” (see declarations by Battistelli, hearing of February 7, 2009, page 64).]


      Access to the Court Records would help us better-understand this passage, but Follain (Page 67, Kindle location 939), indicates that Battistelli is actually quoting Sollecito, substituting “˜they’ for “˜we’, so it seems that Sollecito was already obfuscating the facts, encouraging the inference that their shocking observations began only when both he and Knox arrived together and discovered together both the open apartment entrance-door, and from inside Filomena’s room, the broken-window, so we are all being steered away, by Sollecito, from the true answer to our question.

      Massei Pages 29-30: [Around midday(Nov, 2nd, 2007), at ten past twelve, when they had not yet arrived at the car park of the Fair, and she(Filomena) was in the car with her friend Paola Grande, she received a phone call: it was Amanda letting her know that there was something strange. She had arrived and had found the door open: she had had a shower and it had seemed to her that there was some blood; moreover she said that she was going [17] to Raffaele’s place (declarations of Romanelli page 31, hearing of February 7, 2009).
      To her (Filomena’s) question about where Meredith was, she had answered that she did not know.]


      Filomena had apparently not been told by Knox, in this 1st phone-call, about the broken pane, the stone, and the bedroom-disarray, as if Knox was not yet aware of these stunning facts. The obfuscation continues.

      Massei Page 30: [Marco Zaroli, who was without a car because Ms. Romanelli had taken it, had called his friend Luca Altieri and they had gone together to the house in Via della Pergola, where they arrived around 1:00 pm, at almost the same time as Filomena Romanelli and Paola Grande. In the house there were the also the two present accused and ““ as we have seen ““ Inspector Battistelli and Assistant Marzi. The presence of the latter two was linked by Ms. Romanelli to what Amanda had told her about the open door, the broken pane, her own room in a mess.]


      When Knox first told Ms. Romanelli about her visit, she had omitted reference to Laura’s and Filomena’s doors, whether they were open, whether they were openable, whether Knox opened them, and whether Knox looked inside and saw the broken pane, the stone, and the bedroom-disarray. It is implausible that Knox tried only Meredith’s door and not the others.

      It is also implausible that Knox even took a shower at the women’s apartment, colder as it was than Sollecito’s. Amy Frost testified that hours after the body was discovered Amanda Knox told her that she never took the shower, because when she noticed the blood that had stopped her from showering.

      The Postal Police commented that Knox also emanated an unpleasant, “˜post-shower’ odour, inconsistent with Amanda having recently had a shower anywhere, implying Knox was lying about taking the shower.

      Knox is steering Ms. Romanelli away from these crucial facts which logically demanded that their “˜discoverer’ flee (again), and call the Police. Knox is obfuscating by selective piece-meal feeding-of-the-facts to Filomena.

      Massei Page 38: [On the day of November 2, 2007 at police headquarters, Amanda was also there and she said that that night she had been with her boyfriend Raffaele and that the next morning at around 11:00 am she had gone back home to get changed. She had found the entrance door open and this seemed strange to her: she had gone into the house and into her room and she had taken a shower and had seen drops of blood.

      She said that after the shower she got dressed and noticed that Meredith’s door was locked. She went into the other bathroom and said that there were faeces in the toilet. Then she went into another room and noticed that the window had been broken and that there was glass inside. She told these things to her and the other girls present. Then she related that she had gone back to Raffaele’s house and had rung Filomena. She remembered that on that occasion at police headquarters Raffaele was very calm, silent.]




      When Knox first called Filomena, Knox had omitted any mention of the most significant information - the (staged) break-in, as if she had not ‘noticed’ it.

      Now, later, paraphrasing, Massei states: “Then she went into another room and noticed that the window had been broken and that there was glass inside.”

      Had Massei not paraphrased, but had written “Then I went into Filomena’s room and ‘noticed’ that her window had been broken and that there was glass inside.”, we could use it as BRD evidence.

      The actual, verbatim quote should be among the many thousands of Court Records relied upon by Massei; Nencini’s Court should use such Record in reaching its decision.

      Massei Page 65: [Upon returning home, she [Amanda] noticed that the door was wide open. She thought someone had gone to take the trash out or gone to the floor below, closing the door behind them but not locking it. She asked loudly whether anyone was at home, but no one answered. The door to Meredith’s room was closed, and this meant she was sleeping. She undressed in her own room and took a shower in the bathroom, (the one) nearest to (both) her room and to Meredith’s.

      When she got out of the shower, she realised that on the little bath mat where she had placed her feet, there was blood and also, there were drops of blood on the sink and the faucet. She left the bathroom and went to get dressed in her own room. Then, she went in the other bathroom to dry her hair, where there was a blow dryer. It was at this time that she noticed feces in the toilet, which surprised her. She then took the mop and returned to Raffaele’s home, locking the door (on the way out.)

      She told Raffaele what she had seen and he suggested that she call one of her friends. She then called Filomena Romanelli, who said that she had been out with her boyfriend and that Laura Mezzetti was also away, in Rome with her family. She then realised that the only one to have spent the night in Via della Pergola was Meredith, about whom, however, nothing was known. Filomena seemed worried, so Amanda (Page 66) told her that she would call Meredith, who would then call her back.

      She then called the two cellphones that Meredith had, but without getting any response (from her). She then returned home, this time with [55] Raffaele. Upon returning home, she opened the door to Filomena Romanelli’s room and saw that the window was open and completely broken: there was chaos, “šbut her computer was in its place on the desk.”› Convinced that there had been a burglary, she went into the other rooms: Laura’s room was in order, and nothing was missing from her own room.

      However, Meredith’s door was closed. She began to knock and to call out, without receiving any answer. She was then seized with panic and went on the balcony to see if she was able to see anything, but she couldn’t see anything. She went down to the apartment below to ask someone, but no one was there. She therefore went back inside and Raffaele said that he wanted to try to break down the door of Meredith’s room, but he wasn’t able to. It was then that they decided to call the police, which is what Raffaele did. She let Filomena know about this, asking her to come home.]

      Now, only after returning “home, this time with [55] Raffaele.” does Knox allege that she had then “opened the door to Filomena Romanelli’s room and saw that the window was open and completely broken: there was chaos, “šbut her computer was in its place on the desk.”

      Knox continues to obfuscate by selective piece-meal feeding-of-the-facts.

      Massei Page 66: [While they were waiting, two police officers arrived (at the scene) and she showed them all that she had seen. Then Filomena arrived with her boyfriend and two other friends, and they broke down the door of Meredith’s room.]

      True.  There are a number of other Massei references to Filomena’s door and room, but they are basically repetitive of information already in the above references.

      This seems to be enough for Nencini’s Court to reach its verdicts re Knox and Sollecito.


      [Below: the area from which Knox would have been looking at Filomena’s door]


      Friday, December 06, 2013

      After 6 Years Heavey Is Still Heedless Of His Errors Pointed Out Again & Again & Again

      Posted by pat az




      1. Overview of this post

      Michael Heavey has a considerable record of interventions that seriously mislead.

      He makes false claim after false claim after false claim. Often corrected, he heedlessly gravitates no closer to the truth.

      This post corrects a misleading and dishonest letter from Heavey to President Obama copied to Congress of 16 May 2011.

      1 Misleading interventions in 2008

      During this year Heavey (then still a judge, though one who was merely elected - nothing compared to the rigorous process Italian judges must go through) sent three erroneous open letters (posted on the web and widely copied) to senior justice officials in Italy about the case.

      TJMK posted on the errors in December 2008.

      2 Misleading interventions in 2009

      By way of interviews in the media, Heavey continued his campaign. He has claimed that his motives really are noble: in effect, Knox could have been his own daughter, though his daughter has distanced herself from this campaign.

      3 Misleading interventions in 2010

      One of the 2008 letters to Italy was sent on official judicial letterhead, as if he was speaking for the State of Washington. In 2010 the Washington State Commission on Judicial Conduct disciplined Heavey although it was only for an illegal use of the official letterhead, not for wrong claims.

      The initial announcement was posted on here. The details of the charges were posted on here. The disciplinary penalty was posted on here.

      4 Misleading interventions in 2011

      In April 2011, one month prior to his misleading letter,  Heavey was a droning presence on a panel before an audience of 35 at Seattle University. His familiar talking points were again repeated.

      It is cross-posted from my own website here.  Links to previous posts about Heavey on TJMK for the period 2008 to 2011 appear at the bottom of this post.

      2. The 16 May 2011 letter to President & Congress

      On May 16, 2011, Judge Heavey (now retired) apparently sent US President Barack Obama a letter regarding the Amanda Knox case. 

      This document was retrieved from the King5.com news site under a search result for “Amanda Knox.” The subject of Judge Heavey’s letter was “Re: Failure of Rome Consular Officials to protect the rights of U.S. Citizen Amanda Knox.”

      The new Heavey letter was written on letterhead “From the chambers of Judge Michael Heavey.” The address given is his house address.






      The Judge charged that the State Department absolutely failed to look out for the rights of Amanda Knox. Nowhere in the letter does Judge Heavey actually address any of the evidence in the case.

      Ten times in his letter, he charges consular officials failed to take action when they should have.

      However, many of his points are false or misstate the events. In many instances, Judge Heavey is proven wrong by statements from Amanda Knox herself.

      This letter, full of errors, was carbon copied to Members of Congress AND the Secretary of State (at the time, Hillary Clinton).

      These mistakes would have known at the time Judge Heavey wrote his letter by using the interviews and documents available at that time.  This did not stop Judge Heavey from writing an error-laden letter to the President and Congress. These errors are detailed below.

      Additional signatories to the letter (on letterhead from “from the chambers of Judge Michael Heavey”) include Friends of Amanda representative Thomas L. Wright, and author of “The Framing of Amanda Knox” Dr. Mark C. Waterrbury.






      Judge Heavey had been admonished for using court resources and stationary as a part of his advocacy in the Amanda Knox case, as well as his public speeches while he was a sitting judge. 

      The admonishment only covered the letters written to Italian court officials and prosecutors, using court stationary and court staff. The letter he apparently sent to Obama and congress was not included in the admonishment.

      The following is a point by point review and rebuttal of the by-now admonished Judge Heavey’s Letter to President Obama and Congress

      1. False brutal interrogation claims

      The letter opens up with a summary of the argument- that this case was a prosecutor’s vendetta against Amanda Knox, and that her rights were violated, and Consular officials did nothing. The letter is arranged as a series of points, which are discussed below.

      Judge Heavey writes: “Amanda Knox was arrested for the murder of her roommate after an all-night interrogation [...]. The Perugian Police denied her food and water, cuffed her on the back of the head, and, most importantly, prevented her from sleeping.”

      However, Amanda Knox was not the one called into the station. Raffaele was; and they went right after having dinner!

      A UK based paper had published the day before an article with quotes from Raffaele. Raffaele said he and Amanda went to a party on the night of the murder. Police were likely calling in Raffaele due to the conflicting stories.

      Amanda’s “interrogation” didn’t start until at least 11pm. Police have testified she was offered food and water. She went to sleep after signing her second statement, at 5:45 am. There was a break between signing her first statement at 1:45 am and signing her second statement (after being warned by Dr Mignini to say nothing further without a lawyer) at 5:45 am.

      Here is Amanda Knox:

      “Around 10:30pm or 11pm Raffaele and I arrived at the police station after eating dinner at the apartment of one of Raffaele’s friends. It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times.” -Amanda Knox, letter to lawyers, 9 Nov 2007

      “I signed my second “spontaneous declaration” at 5:45 AM [...]. I asked permissions to push two metal folding chairs together, balled myself into the fetal position, and passed out, spent. I probably didn’t sleep longer than an hour before doubt pricked me awake”¦ “  -Amanda Knox, Waiting to be Heard

      To this day, Raffaele Sollecito has not corroborated Amanda Knox’s alibi in court.

      2. False no-lawyer claim

      Judge Heavey writes: “When a witness becomes a suspect, the police are obligated to appoint a lawyer”

      Knox was not a suspect and the interview was merely a recap/summary session with someone who might have information as the defenses themselves agreed. Knox herself twice declined a lawyer before insisting on writing three statements out.

      Prosecutor Mignini was interviewed by CNN ten days before Judge Heavey wrote his letter. In the interview, Mignini describes the questioning of Amanda:

      “And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda” -

      Prosecutor Mignini, CNN interview, May 6 2011 (Ten days prior to Judge Heavey’s letter)

      Thus, it was known on national television in the US what the sequence of events was. This did not stop Judge Heavey from writing an error-laden letter to congress.

      3. False no-recording claim

      Judge Heavey writes: “Article 141 of the CCP requires that every interrogation of a person in custody (for any reason) must be fully recorded by audio or audiovisual means”

      However, Amanda Knox was not in custody during her questioning on Nov 5th & 6th. She was not a suspect, and this was not a suspect interview. She merely eagerly listed seven names. She was only at the station because Raffaele was called:

      “It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times. “

      -Amanda Knox, Letter to Lawyers, 8 Nov 2007

      4. False no-interpreter claim

      Judge Heavey writes: “Amanda spoke little Italian, yet was not allowed to have an interpreter to assist her with understanding the questions put to her, the charges against her, or anything else.”

      Two sources refute Judge Heavey’s point- official court records of the questioning, and Amanda Knox’s own statement on trial and in her book:

      From Court documents

      “...assisted by the English-speaking interpreter Anna Donnino” -Signed 1:45 AM statement.

      “....assisted by the English-speaking interpreter Anna Donnino” -Signed 5:45 AM statement.

      And from Amanda Knox:

      November 2nd: “”¦they brought in an english-speaking detective for hours two through six.”  -Waiting to be Heard

      November 4th: “AK: So, it seems to me that Laura and Filomena were there, but they had arrived with other people, while I was in the car with the police and an interpreter, that’s it.” -Trial Testimony

      November 5th/6th: “The interpreter, a woman in her forties, arrived at about 12:30 A.M.” -Waiting to be heard

      5. False vengeful prosecutor claim

      Judge Heavey simply engages in a character assassination of Prosecutor Mignini:

      “[...] Mignini was well known in Italy for a bizarre theory [...] under investigation for abuse of office [...] previously driven American journalist, Douglas Preston out of Italy[...]”

      Judge Heavey, Dr. Waterbury, and FOA representative Thomas Wright conclude point five with:

      “Consular officials knew Mr. Mignini was prosecuting Amanda Knox. They knew he had been charged with abusing his office. They knew of the bizarre theory that he pursued, from which the charges arose. They also knew he was under tremendous pressure to achieve some vindication to save face. Why did consular officials do nothing?”

      The trumped-up charges against Prosecutor Mignini pursued by a rogue prosecutor ad rogue judge in Florence were overturned by the Florence appeal court and sacthingly roasted by the Supreme Court. Dr Mignini (now Deputy Attorney General for Umbria) was under no pressure at all. See this post here.

      6. False satanic myth claim

      Heavey and others raise the satanic ritual myth quoting Prosecutor Mignini as stating at the October preliminary hearing, “the crime was a sexual and sacrificial ritual in accordance with the rites of Halloween.”

      The ONLY source for this quote is a defense lawyer for Sollecito who made it up. Judge Heavey then turns around and uses this metaphor himself:

      “these and other statements should have shouted to consular officials that Amanda was a defendant in what had become a witch trial, being prosecuted by a delusional prosecutor. Why did consular officials do nothing?”

      7. False US Embassy claim

      Despite Heavey’s claims, US consular officials WERE monitoring the case, as revealed in FOI-released documents requested by journalist Andrea Vogt. She released these documents in a May 2013 post on her website.

      This is clear: consular officials regularly visited Knox and tracked case developments. The following diplomats’ names appear on the cables: Ambassador Ronald Spogli, Deputy Chief   Elizabeth Dibble and Ambassador David Thorne, U.S. Embassy Rome.







      The US Embassy cables that were released were dated: Nov, 07; Dec 08; Feb 09; May 09; Aug 09; Nov 09; Dec 09. No other documents were released.

      Consular staff visited Amanda Knox on November 12 2007, and noted her lawyers had already visited with Knox.  The charges against Amanda Knox as stated by the US Embassy were:

        * Participation in Voluntary Manslaughter with aggravating circumstances of cruelty
        * Participation in sexual assault
        * Simulated robbery
        * Slander
        * Possession of weapons
        * Aggravated theft.

      Over four years from late 2007 to late 2011 we estimate that the US taxpayer paid $400,000 for the Embassy’s monitoring of Knox.


      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.

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