Headsup: Those in the US and elsewhere who can access the Lifetime cable channel and website and who are following the Epstein/Maxwell saga may wish to catch Surviving Jeffrey Epstein on 9 and 10 August.

Category: Hoaxers: media groups

Sunday, July 03, 2016

How Amanda Knox Is Encouraging West Seattle To Adulate Seriously Sick Individuals

Posted by Hopeful

At bottom: judge Persky may be fired for a light rape sentence


Fellow poster Pensky encouraged us to consider some bizarrely narcissistic postings by Knox on her Facebook.

That led me to her June 13, 2016 discussion of the Stanford rape case. My eyeballs nearly popped out at seeing Knox wax eloquent about Brock Allen Turner (right, at bottom, with lawyers).

He assaulted a comatose young woman outside a frat party, ran away but was seized by passersby. Then 12 jurors unanimously convicted Turner guilty of 3 felonies, but all he has admitted to doing is ingesting alcohol.

He is defiant, unrepentant, and really got lucky with Judge Persky giving him a slap on the wrist, 6 months in county jail, not even prison and he may serve only 3.

IMO, Brock Allen Turner is Knox’s new object of envy and Judge Persky is her new hero.

She waxes prolific about this light-sentenced rape case in the West Seattle Herald yet never ONCE reproaches or rebukes Brock Turner in a sincere and unambivalent way. She minces words, dances around in the passive voice, pretends to silently agree with the public’s outrage, yet she doesn’t fool anybody.

She is seething with jealousy that Turner got such a light sentence!

She is probably comparing Turner’s lucky escape with how she might have dodged a bullet had she only let Meredith live and not “finished her off” (my quotes, my assumptions).

Instead of dispatching the violated Meredith, Knox hoping to avoid prosecution by silencing her victim, now regrets it even more when she sees that Brock Allen Turner left his rape victim alive and that despite his alcohol fueled assault, he got off very lightly. Oh, how green with envy is Foxy Knoxy in retrospect.

Her entire article trumpets the concept of “punishment does no good”.

Yes, just let the devils go because nobody can make them feel ashamed of their crimes if the perp doesn’t wanna feel ashamed. Knox knows that from experience. She sees it in Brock, with his mealy-mouthed letter he wrote as a smokescreen fake apology.

Knox remains defiant and without remorse like Brock Turner. In this article she has the audacity to talk about how sexual assault can rarely be determined; that it’s mostly a he said/she said dilemma as to consent, and thus the suspect must be considered innocent due to reasonable doubt in most cases.

She even quotes Blackstone: “better for 10 guilty folks to escape than one innocent suffer”. I certainly agree with that. Knox got the benefit of that adage. So did Sollecito. Because they scrubbed and cleaned so well.

Knox wonders in this article if Turner’s torments in having to register as a sex offender, lose his college scholarship, lose great job opportunities, live with his reputation in tatters””if these realities will prevent him from reoffending.

She concludes, “Perhaps not. Judge Perky’s [sic] humanization of Turner-the-criminal is not abominable.” Of course not, Knox loves this judge. Herself the felon would desire the judge to go easy on all such birds of a feather as herself.

Nope, Knox isn’t into punishment. Not severe ones at any rate. No, punishment does no good in her opinion.

Her solution? to support the victim, to educate women on how not to become a victim, give victims solidarity and support, “pay attention and care about the suffering of the victim, whether they are vindicated in a court of law or not.”

Duh”¦this is precisely what TJMK and Perugia Murder File.net and .org have been doing for nearly a decade!!!

Knox’s desire as in the title of her article about redirecting focus, redirect it to what? To Knox’s new wisdom that sentences of any sort do no good, they’re vengeance and we should support the victim rather than shame the criminal! Otherwise, the criminal if treated too harshly has the right to his own victim status.

I do agree that extremely harsh sentences do as much damage to the soul of a prisoner as the lightweight joke sentence Brock Turner received.

Knox must be so jealous of the bumbling Mr. Turner. Oh if only she had let her victim live and accepted a few months behind bars, is probably her regret.

Like Turner, Knox confesses to nothing but being confused and forgetful on the night of the crime due to a fog of cannabis. She pretends to have been reduced to a dream state, thus removing any culpability in her conscience. How convenient.

Turner’s best ally and defense was his inebriation. So was Knox’s. Thank goodness for substance abuse which removes felt guilt, though the victim lies dead on the floor.

I cannot believe the gall of Knox to highlight the Brock Turner rape case and parade as a pundit for improved sentencing (or cessation of all sentences, in her ideal world, right?)

She is a ridiculous twisted pundit who claims to seek to improve the criminal justice system. Unmitigated gall. Most jailbirds like her do have great ideas for what society “should have done” with them other than imprison them for their crimes.

She talks about good things but they all assume the victim is still alive to help, things like “embrace a victim through their recovery, offer them resources, give them voice, recognize their value.” But did she recognize Meredith’s value? She could barely speak her name at trial or write it in her book. How many trees has she planted for Meredith?

Her last paragraph says not to equate condemning a criminal with recognizing a victim, and do not deny the “reparation a victim deserves.” What reparations has she paid Patrick Lumumba?

I will assess her silly Dawndra Budd photo spread soon. It is just more blind preening and another form of lies. Dawndra Budd has been deceived along with many others but The Herald article takes first prize in the brass mule contest. Knox loves Mr. Turner the escape artist.

And I am by no means entirely sympathetic to the drunk Emily Doe who was raped by Turner due to her own bad morals and stupidity.

However the really egregious culprit is the even dumber and cowardly Turner. His father is his best apologist, until Knox. At least Brock Turner did his crime alone and without a knife in hand and without a wolfpack of strong accomplices for moral support like Knox needed, if one compares the “courage” of Knox and Turner. They both used Dutch courage from a bottle as the saying goes.

Turner the lout deserves at least a two or three year sentence in lockup and extra community service hours, and stiff fines paid to his victim. Knox has skipped out on three-fourths of her rightful sentence and she remains as defiant and unremorseful as Turner, and she offended much much worse than he did. She seems to hint she might reoffend.

She never really denounces Turner, nor clearly supports Emily Doe except to admire Doe’s courage to “articulate her experience of absolute vulnerability with clarity and dignity”.

Articulate, schmiculate. Emily Doe cries loud and long about her offended dignity when there was little dignity to start with as her drunken public stupor showed. She did not deserve a physical attack, however.

Knox sympathizes with her because Doe was angry at the litany of questions put to her by the police and the wringer the police put her through about her lifestyle in an effort to delegitimize her. Knox takes umbrage with the police at all times, recalling her own dangerous position under interrogation.

Unlike Emily Doe, however, Knox was hiding a true crime of her own. Doe was merely ashamed of her alcoholic excess and her flirting at the frat party with guys when she had a boyfriend elsewhere. Knox totally empathizes with Doe’s lifestyle (remember David Johnsrud and others besides Raffaele when she dated him).

Meredith doesn’t need to articulate. She lived her goodness all along. Actions speak louder than words. Meredith never got to write her memoirs, but they would have been anointed. And truthful, unlike Knox’s clever lies.




Monday, March 07, 2016

Knox’s Nasty-Prisons Hoax: NY Times Describes How Italy Leads The World In Rehabilitation

Posted by The TJMK Main Posters



A classy restaurant in an Italian prison which inmates in training fully run

1. The Knox Picture Of Italian Prison Conditions

Three years ago Amanda Knox devoted 200 pages of her book to an extended horror story about her stay in prison.

Knox provided zero proof. Knox has never published her charges in Italian in Italy, so the rebuttals by those Knox maligned are not (yet) in.

But almost immediately English-language corrections and rebuttals started to flow.  See also all these rebuttals here.

Knox was contradicted by her own lawyers who had visited her often and heard no complaints. She was contradicted by the US Embassy in Rome which monitored her often and heard no complaints. She was contradicted by Rocco Girlanda, an Italian Member of Parliament, who checked her conditions over 20 times (and then wrote a loving book) and reported no complaints. Her own parents reported no complaints.

Even so, one year ago, Knox reissued her notoriously dishonest book. It had been added-to, but not even one of the malicious claims was withdrawn.

Our main poster Chimera highlighted the lies throughout the entire book (over 400) and Posts #3 to #9 here are devoted to Knox’s prison lies.

2. The Real Picture Of Italian Prison Conditions

The Italian prison system was historically always very humane - bathrooms and sometimes kitchens attached to cells; TV in all cells; walk-around rights during the day; numerous group activities such as concerts and games; hair-dressing for women and even massage; and skills training for inmates in an occupation of their choice (Guede and Sollecito both completed degrees).

Around five years ago, largely because of immigrant crimes, the prison population (previously below 100,000 - in the US, California prisons alone hold almost twice that) began to balloon.

New prisons were built, with no expenses spared, and in these images you can see the result.

Stories of extreme over-crowding have gone away, and the New York Times profiles the new prisons and their programs of today.

For years, Italy has struggled with its prison system, as well as how to balance punishment with rehabilitation. Overcrowding had become such a problem that in January 2013 the European Court of Human Rights ordered the country to fix the system. [Actually the ECHR cannot “order” anything, and anyway the building program was already well under way.]

Italian lawmakers responded with more alternative measures for minor crimes. In 2014, Italy also repealed harsh drug sentencing laws enacted during the 1990s, similar to the “three strikes” laws in the United States. In 2014, Italy began releasing 10,000 inmates (of roughly 60,000) who had been convicted of minor offenses.

But the issue of how best to rehabilitate offenders “” and lower the recidivism rate “” remained difficult. Italy has long allowed inmates in medium-security prisons to move around the facilities during the day.

“The main problem has been that they do little during the day, which doesn’t help them at the present, nor for their future outside prisons,” said Alessio Scandurra, who works for Antigone, a nonprofit group focused on the rights of detainees.

The Bollate prison was at the vanguard of experimentation even before opening the restaurant. Under the director, Massimo Parisi, the prison offers an array of programs. Companies have work programs on prison grounds. Volunteers teach theater and painting. Carpentry skills are taught in workshops equipped with power drills and saws. Inmates maintain a stable of horses in the prison yard.

There is also an initiative involving a carefully vetted group of 200 inmates who are allowed to leave each day for jobs with an outside firm. Inmates travel without supervision on public transportation; they must check in upon arrival at work, and at other points during the day.

Mr. Parisi said only one inmate had failed to return at the appointed time, and he showed up a few days later.

The Times reporter follows this with what has to be a global first - a topnotch restaurant run by inmates right inside one jail.





Saturday, January 09, 2016

How A Major Media Controversy In The US Augurs Well For The Imminent Reframing Of The “Knox Case”

Posted by The TJMK Main Posters


1. The Wisconsin Case Now In Dispute

1. The Netflix Report

In mid December a pay-per-view documentary about a murder case in Wisconsin was put online.

Millions of people in the US and elsewhere have paid up and watched the 10-hour Netflix report. Convinced that they are experts now on the whole case, hundreds of thousands of Americans have signed petitions to the President and the State Governor requesting that the convicted Steve Avery be released.

Some viewers have even taken to berating and threatening the investigators and the prosecution both online and in telephone messages and texts.

Their take seems to be of the investigators and the prosecution corruptly making many, many things up during the investigation and trial. Their supposed motive was to cover their tails in a previous case where Steve Avery was indeed wrongly convicted, for which they could now face court and loss of jobs.

Furthermore some reports claimed that a juror had said the jury felt intimidated and were never convinced of guilt.

2. Reaction Of US Media

A growing wave of reports and articles have been aired and published online in effect saying most of the hardest evidence was left out.

The lead prosecutor has been quoted as saying “90 percent of the evidence” against Avery and a relative convicted as an accomplice was not even mentioned in the report.

So a wave of fact-checking is going on.

Even though it is still early days here and here are Time Magazine. Here is the Los Angeles Times. Here is the New York Times. Here is On Milwaukee’s website. Here is the International Business Times.

Several TV documentaries contradicting the Netflix report are reportedly already in the works. See the reports here and here and also here.

And the juror has now denied that the jury was intimidated and did not do an honest job. So far, all the jurors seem to be standing by their verdict, in the face of a lot of heat.

Oh and on those petitions which Netflix stirred? President Obama’s spokesman has said it is not a Federal case so he will not intervene, and the Governor of Wisconsin has said he will not intervene either, as the state has good justice systems in place.

So they will ignore opinion that was deliberately muddled for commercial ends, and instead leave matters to the courts.

2. Parallels To Reporting Of The “Knox Case”

The parallels to the Perugia case are in fact immense.

The prosecution case in 2009 was extremely persuasive and the entire jury (panel of judges) voted for guilt. They sat through the very tough and convincing 1/4 of the trial that was held behind closed doors.

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.

In contrast, almost the entire American media followed the Netflix route.

Main media have struggled to report the trial for language and local-staff reasons, and the Associated Press carried by 2000 media outlets actively misled. Main media presented almost no reporting of the very painstaking judicial checking by ten judges that preceded the case ever going to court.

Main media have still not translated not even one major document (the Wiki and two PMFs and TJMK have translated hundreds of documents now and are still not done) and have left hundreds of evidence points unaddressed.

Main media have also misreported the overturning of the Hellmann outcome and the Nencini appeal. They have especially misrepresented the supposed complete Marasca-Bruno reversal for the Fifth Chambers of the Supreme Court.

As lawyers for Dr Mignini and three of our main posters (James Raper, Machiavelli and Catnip) have shown, in fact the Fifth Chambers (a) should not even have had the case; (b) broke two laws, (c) misinterpreted a few elements of the evidence, (d) left literally hundreds of evidence points out, (e) went against strongly established Italian legal precedents, and (f) even ridiculed plain hard science.

And even so, they still placed Knox right at the scene of the attack at the time, and Sollecito probably so. Accessories before or after the crime. Felons in their view in fact.

So here’s a prediction on what Americans will see in the media soon on this case.

The widespread media reaction against Netflix will be reflected in a major correction in the main media against the serious under-reporting and misreporting of the Perugia case.

We have some idea of what is already in the works. Stay tuned.

 


Tuesday, June 30, 2015

Big Shot Across Bows Of Fifth Chambers: Charge Claims Several Illegalities By Marasca & Bruno

Posted by The TJMK Main Posters



President Sergio Mattarella, right, might have the power to overturn Judge Marasca’s verdict

1. The Unexplained Delay Of The Sentencing Report

Judge Marasca and President Mattarella, a former judge, have similar reputations: they have both fought mightily to prevent bent outcomes. 

It has been put about in Italian legal circles that Judge Marasca is not exactly in love with his panel’s verdict. We reported talk in Rome that he held out for several hours on 25 March against a majority faction led by Judge Bruno.

Perhaps he remains a captive of the majority in what might be a tainted court - if it is, it would not be the first tainted court in this case. The Hellmann court is considered as such, as quotes below indicate.

Almost with no exceptions, Cassation routinely reports its appeal verdicts both fast and briefly. Often the reports are presented within several weeks. and most of them come in at under 50 pages. 

In Meredith’s case all of the previous Cassation reports came in well before their deadlines. The one that took the longest was the 74-page report of the First Chambers in 2013, annulling most of the Hellmann verdict.

That took 85 days. We are already 10 days beyond that. It will not be very long before the delay in the report really raises red flags. 

2. Judge Marasca’s Post-Verdict Interview

Judge Marasca is well known for not giving interviews and for letting his court statements speak for themselves.

Seemingly aware that his court statement on 27 March was already being questioned, and by some ridiculed, he did give this interview to the reporter Fiorenza Sarzanini for Corriere. Key quotes from it.

A further process could not ascertain the truth about the murder of Meredith Kercher. The “proof used was so contradictory “it is impossible to overcome the doubts and inconsistencies…

The judges of the fifth section of the Court of Cassation were all agreed on canceling the sentence to 28 years and six months for Amanda Knox and Raffaele 25 years “without referral” [back down to the Florence court].

The panel chaired by Dr Marasca also considered “non-binding” the earlier ruling of the Supreme Court that in March two years ago ordered a new appeal trial [in Florence and annulled the Hellmann verdict]

These claims are contended in this new criminal complaint (see the Italian original here) and are rebutted most forcefully in the quotes from it below.

3. The Complaint In The Florence Chief Prosecutor’s Hands

On 28 May the criminal complaint was filed by the Perugia prosecutor Dr Mignini and two lead investigators against one of Sollecito’s lawyers, Luca Maori, together with a reporter and an editor of the Perugia weekly Settegiorni Umbria.

The interview and editorial comments sliming the prosecution and the investigators were published back in January, two months before the Fifth Chambers ruled. They might be seen as one of many attempts to poison public opinion and to lean on the courts - in this case, the Fifth Chambers, which had the appeal.

The narrative describes some nasty lies of commission and omission by Maori and the magazine staff. We wont repeat them here. Impactful on a much wider plane is how the complaint characterizes the investigation and the prosecution of the case, and the various attempts to bend courts and so bend outcomes of the case.

It is highly significant that this complaint was filed by a Florence lawyer and with the Florence court. The chief prosecutor for Florence and its region Tuscany has been quoted as scathing of the Fifth Chambers verdict, presumably seeing it as a slap in the face to his own team which contended the Knox-Sollecito appeal, and perhaps an attempt to take the powerful Florence court down a peg.

The Florence court had made a large number of documents available to the Fifth Chambers. As this narrative is highly relevant, the law would have required the Florence Chief prosecutor to forward it. We can presume then that all the Fifth Chambers judges have the document available and, as it sets up a polarity, quite possibly the First Chambers judges as well.

4. The Significance Of The Complaint’s Various Phrasings

If we notionally divide the document into five parts, part (1) explains the people named in the rest of the document and their respective roles, parts (2) and (3) describe the main elements of the very complex legal process and mistakes that were made by the Hellmann court and the Fifth Chambers; and parts (4) and (5) go into detail about the case against Maori and his interviewer and editor.

The excerpts below are from parts (2) and (3). Anyone involved in the legal process would see rather rapidly that parts (2) and (3) could constitute a blueprint for legal action against the Fifth Chambers (such legal action is now allowed) and could also constitute a petition to President Sergio Mattarella, the head of the Italian justice system, who has the power to overrule a Cassation outcome.

[1] it appears necessary to highlight the circumstances, in fact and in law, left in the shadows by the interview and which render even more serious, frankly incomprehensible and above all without any justification on the basis of the complex course of proceedings, the defamatory statements contained in the article and the very grave and intolerable accusations launched with so much superficiality against the investigators and the 34 magistrates who had upheld the prosecution’s case against the 11 who had doubted it.

Noted above are the many lies of omission (some are listed below; we have a long list pending) that tend to be typical when the defenses and those who were in the dock and their supporters describe the case. Also noted are the 34 magistrates who handled elements of the case and did not abort the process. See the examples here and here.

[2] The two accused Knox and Sollecito had been arrested on the morning of 6 November 2007, under an arrest warrant issued by Dr Mignini, as the Public Prosecutor in charge, a decree promptly validated by the GIP Dr Claudia Matteini who had issued a precautionary custody order for imprisonment. The appeals of the suspects against this latter, as issued by the GIP on the request of the same Dr Mignini, had then been timely rejected by the Re-examination Court for Perugia and by the First Chamber of the Court of Cassation.

Noted above is one area subjected to numerous lies of omission. In fact many magistrates were guiding the process and the prosecution had no opportunity for independent initiative prior to trial. Dr Mignini did not have to do that interview with Knox, he did it at Knox’s own request, to give her another fair shot at clearing herself - which she failed miserably.

[3] As a consequence, the two remained in a state of preventative imprisonment until the decision of the Court of Assizes Appeal Court presided over by Dr Pratillo Hellmann, that is for almost four years and there had never been, by their defence, any application of revocation or substitution of the orders against the accused, Knox and Sollecito…

A legal omission by the defenses which might be considered an incompetent blunder, which contrasts strongly with Maori’s claim that the two were in effect being railroaded. The lawyers did not go the extra mile. 

[4] the Court of Assizes at first instance, presided over by Dr Giancarlo Massei, with Dr Beatrice Cristiani as Recorder, at the end of a very long and thorough trial phase, had sentenced Mr Sollecito and Ms Knox for murder and the connected offences and Ms Knox, in addition, for calunnia against Patrick Diya Lumumba.

The trial was indeed long and thorough. Some of the most compelling evidence was behind closed doors - another area for lies of omission. Knox did herself great harm on the stand, sounding flippant and callous and not at all consistent or convincing, which ultimately cost her three years for calunnia. During the defense phase the lawyers had little to present and sessions were shortened or cancelled. There was much railing against Rudy Guede, who was not in court to answer back to it.

[5] At appeal level, the Court of Assizes Appeal Court - inexplicably composed of the President of the Social Security [Welfare] Chamber [Hellmann] and of an advisor specialised in the Civil Chamber [Zanetti]—despite it being that the President of the Criminal Chamber, Dr Sergio Matteini Chiari, was presiding over a bench; in any case there not being present a magistrate from the competent criminal chamber —had acquitted the two but had upheld the conviction of Ms Knox for calunnia, setting the penalty as a good three years of imprisonment.

This is still being investigated - did the defenses request of Chief Judge De Nunzio that the president of the criminal chamber Judge Chiari be replaced by the wrongly qualified Judge Hellmann? Judge Chiari (who resigned over this) has himself claimed so. And why was the wrongly qualified Judge Zanetti there?

[6] In the course of the proceedings there had been two experts nominated [by the Court] who, amongst other things, had submitted their report ignoring the documents attesting to the negative result of controls on the presumed contamination of the knife and of the bra-clasp, documents adduced instead by the Public Prosecutor. This should have entailed the sweeping away of [=the complete rejection of] the same expert report but the Court, presided by Pratillo Hellmann, with Advisor-Recorder Dr Massimo Zanetti, had ignored the grave error committed by the experts, an error which had been severely censured by the [Chieffi] Court of Cassation, First Criminal Chamber, in the decision handed down on 26 March 2013…

Investigation of Conti and Vecchiotti is also proceeding. They seem to have been bent and to have lied to the court - either that or remarkably incompetent. There is another quote strongly suggesting they were bent below.

[7] [Judge Chieffi] accepted almost all the grounds of appeals put forward by the Prosecutor-General and had annulled completely and definitively the acquittal decision, with remission (evidently upholding the grounds of appeal) to the Court of Assizes Court of Appeal of Florence which, in its turn, had fully confirmed the convictions of the Court of Assizes of Perugia.

There are many lies of omission about the annulment - one can find numerous quotes from the Hellmann court embedded in comments, articles and books - the Knox book goes on about how wonderful that appeal was without saying that none of it is of legal relevance now. 

[8] the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same,—the latter constraint, as constituted by the jurisdiction of sole legitimacy, being understood—, for defect pursuant to Article 606 Criminal Procedure Code and limited to the grounds proposed by the appellants (Article 609 Criminal Procedure Code).

Here is a translation of Article 628 of the Penal Code:

Impugnability of a ruling issued by a judge after remand

1. A verdict that had been issued by a court following a Cassation order of remand, may be impugned through a recourse at Supreme Court of Cassation if the ruling was issued on an appeal instance, and through the mean provided by law if was issued on a first instance level.

2. In any case a verdict issued by a court following a Cassation order of remand may be appealed only on the reasons that do not concern those that had already been decided by Cassation on the order of remand, or for not abiding to disposition of art. 627 paragraph 2.

The second paragraph of Article 628 clearly indicates the Fifth Chambers of Cassazione should absolutely not have accepted requests of appeal from AK and RS against the Florence verdict on those points that had been already decided by the First Chambers (the Chieffi court).  Those points decided by the Chieffi court, as per Article 628, cannot be appealed. Questions about them should be inadmissible.

[9] the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same…

the Court of Cassation cannot, therefore, ever adopt decisions on the merits and issue orders of acquittal under Article 530, second paragraph, Criminal Procedure Code.

...two chambers of the same Court of Cassation, the First (the one competent for proceedings in homicide matters, whose decision of annulment is definitive and who had identified and decided questions of law in a definitive and un-retractable manner) and the Fifth (who would have had to decide the appeals presented only on grounds of legitimacy of the defendants’, constrained by what had already been definitively decided by the First) have handed down two absolutely divergent decisions and the second had annulled the Florentine decision, positively excluding any remitting to another court and acquitting the defendants pursuant to Article 530, second paragraph, Criminal Procedure Code.

The Fifth Chambers seems to have clearly broken the law governing its allowed scope. It had no business getting into the evidence. If there was a perceived problem that should have been referred back down to Florence.

[10] from these starting points in fact and in law which are absolutely undeniable, it emerges that the course of proceedings in this case have been absolutely linear and respectful of the substance of the procedural rules up to and including the Florentine decision.

Well proven by the narrative. As we have frequently noted Knox was given six opportunities to liberate herself even before the 2009 trial began (try finding an equivalent of that in any other system) and failed all of them.

[11] the Court of Cassation, on the appeal of the Prosecutor-General of [the Perugia] district Court, had in a radical and definitive manner annulled the acquitting pronouncement and had remitted it to the Florentine district court because the same would adopt the consequent decisions of merit in the line of reasoning of the principles of law laid down by the First Chamber of the Supreme Court and of the points decided by it.

What the First Chambers said must stand. Surely all of the judges of the panel knew this very basic principle of Cassation. Be assured the First Chambers judges will be rubbing it in that this more junior panel has no right to reverse them.

[12] These principles of law are by now unmodifiable and unarguable: the [Fifth Chambers] , called on to decide the matter, as a “second opinion”, concerning the appeal of the defendants from the [Florence] judgment below, would have had to hand down a judgment fully within the “railway tracks” of the law, as fixed by the First Chamber, like the Florentine district court did, principles from among which we may cite:

Once again the emphasis is on how the First Chambers knew both the law and the case thoroughly, and the Fifth Chambers was seemingly adrift at sea.

[13] [Umodifiable principle]  the principle, in fact the unfailing legal prerequisite of a Supreme Court decision, namely the fact that the Court is precluded from “trespassing into a re-evaluation of the compendium of evidence” (see the judgment of the First Chamber at page 40);

[14] [Unmodifiable principle] the principle of law of the total and holistic evaluation of the probative material, as opposed to the “parcelled-up and atomistic evaluation of the pieces of circumstantial evidence, taking them into consideration one at a time and discarded in terms of their demonstrative potentiality”, which characterised instead, in the negative, the decision of the Court presided by Pratillo Hellmann (see the decision of the same First Chamber at pp. 40 and 41… ). The ancient brocard “Quae singula non probant, simul unita probant” [”˜Those which alone do not prove, together do prove’], quoted on p 41 of the First Chamber’s judgment, consecrates in a definitive and unmodifiable manner this requirement of a global and holistic approach in which each individual piece of the jigsaw puzzle of reconstruction of the facts is considered together with all the others in their demonstrative synergy;

[15] [Unmodifiable principle] the principle by which the [Hellmann] court had run afoul of grave shortcomings and contradictory lines of reasoning and in glaring misrepresentations of the outcome, even in the attempted decoupling of the calunnia, by now definitively attributed to Ms Knox, with the result of masking from view the responsibility of the same in the homicide;

[16] [Unmodifiable principle] the principle according to which the testimony of the homeless person Mr Curatolo ought to have been evaluated on the basis of corroboration between his statements and the objective and unarguable circumstances emerging from the trial (such as the fact that the witness had with absolute decisiveness anchored the fact of having seen the two accused in the precincts of the basketball courts of Piazza Grimana, nowadays Piazza Fortebraccio, the evening before the arrival, the following day, at the Via della Pergola house of the men from Forensics in their white coveralls), rather than on the basis of Mr Curatolo’s social conditions and lifestyle (see the cited judgment of the First Chamber at page 50);

[17] [Unmodifiable principle] the principle according to which the definitive conviction of accomplice Rudy Hermann Guede ought to have been taken into account (no. 7195/11, published on 16.12.2010, it also from the First Criminal Chamber of Cassation), Guede having been held to have been extraneous to the simulation of burglary of a house. [A] habitation that, on the night of the murder, was solely at the availability of the victim and of Amanda Knox and from the statements made by the same Rudy before the Perugian district court, according to which Meredith was killed by the two co-accused (see the judgment at pages 55 and 56).

[18] [Unmodifiable principle] The principle by which contamination of the evidence is to be proved by the party invoking it and which, on the facts of the case, no evidence in support had been offered and which the [Hellmann} Court had seriously confused the abstract possibility of the fact with the averment of the fact (see the judgment at page 69).Umodifiable principle] The principle according to which it was a matter of a homicide committed by multiple persons, in concourse amongst themselves (see page 73 of the cited judgment).

Some brilliant legal arguing. This seems to really make it impossible for the Fifth Chambers to override these firm ruling of the First Chambers .

[19] [Only by ignoring all of the above, in reading the misleading Maori interview, one could be] induced into thinking that errors upon errors had been committed by the officers and agents of the police taskforce and by magistrates convinced of the prosecution case against Ms Knox and Mr Sollecito, then in fact of a “conversion” of the error into a knowing arbitrary act… One would have been led to think of investigators who, incurable in terms of these continual “denials”, falling prey to a kind of accusatory delirium which was by now running unchecked, would have continued to “persecute by prosecuting” two poor youngsters, contrary to any probative evidence, for the sole purpose of not seeing their initial reconstruction denied.

But see how Lumumba was checked out and released by the same team. Plus the same team worked on other cases which drew no accusations at all. It is significant to note that the Bongiorno & Maori team and Sollecito himself again and again dropped Knox in it, even in remarks made after the Fifth Chambers ruling on 27 March.

[20] for the readers it would have been difficult to be able to learn the details of the Kercher proceedings, [Maori and Lagana] launched themselves into making unbelievable, irresponsible statements, defamatory beyond any limit, statements which express an inexplicable rancour and bitterness towards the investigators in the Kercher case, from which, for the rest, especially Advocate Maori had given proof of from the start itself of his defence of Raffaele Sollecito

Maori falsely ascribed the “satanism as motive claim” to Mignini and seems to have been a party to other dirty tricks and loaded statements. At this point of the complaint the Curatolo testimony and knife evidence is re-emphasized as valid for their purposes and never undermined by the innuendo of the defenses. 

[21] Maori adds, repeating a singular idea repeated many times in the course of the proceedings and put to the Prosecution as the most significant expression of the error committed by the investigators: the guilty party, Rudy Hermann Guede, had already been secured by justice. Why continue to investigate the other contenders, when it had been found that it was Rudy who, no one knows why, would have been the sole killer and whose presence would have been incompatible with any accomplices?

As mentioned above, Guede was not at the trial in 2009 and so the defenses could freely rant on about him. Although some witnesses were devoted to trying to prove him a bad guy who must have acted alone, it went nowhere. The jury visit to the cottage showed them how ludicrous it was to argue that anyone would choose THAT window to break in. 

[22] Laganà  knows nothing about the proceedings and plainly ignores: the calunnia by Ms Knox against Lumumba, the mise-en-scene of the burglary (which could have been realised only by someone who would have been afraid of becoming involved in the investigations), the genetic material of Ms Knox found a little bit below the handle of the knife and that of the victim in proximity to the point of the blade, the genetic profile of Mr Sollecito found on the clasp of Meredith’s bra, the systematic lies of the two, the traces of mixed blood of Knox ““ Meredith and the print of Sollecito’s foot stained with blood on the small mat in the bathroom next to the room where the murder happened, the traces revealed with Luminol, of the bare feet of Amanda and Sollecito, the witness who sees the two between 21.30 and 23.30 in Piazza Grimana, a couple of dozen metres from the murder scene, and Rudy’s accusations, just to mention a few examples.

Once again we see the theme common throughout the narrative of noting copious lies of omission - vital things simply left out which dont suit Lagana’s apparent purpose.

[23] [Maori] launches accusations against the press [although] the accused were able to benefit from a systematic information process in their favour and without any contradiction. One can see the case of, for example, the programme “Porta a Porta” which, in the months immediately preceding the Fifth Chamber judgment, had interviewed only Sollecito or his family and consultants, blatantly ignoring any requirement of an even balance, which instead had occurred previously, and all this in a programme on the public network..

This describes how even some arms of the Italian media became tainted and partisan and how the court officers were forbidden by the code of conduct from offering the kind of contradiction and rebuttal very common on American TV.

[24] Unfortunately, this procedural matter has been marked by pressures (often accompanied by menaces) and defamations which the investigators, themselves as well, have suffered in the media, by a very serious activity of disinformation and from serious attacks on the personal and professional reputation of the investigators by numerous organs of information especially in the United States (like in fact CNN), [and] by the extremely challengeable behaviour of experts who, beyond having “forgottten” the existence of negative controls, had been seen by Dr Mignini (and, according to what has been said to him, also by the biologist at Scientific Police headquarters Dr Patrizia Stefanoni), to be having a long conversation and in a “private” manner, with the defence lawyers of the accused, in particular with Advocate Maori, before the hearing in which the experts were to be examined and cross-examined had started. This had happened in particular on two occasions, both in Piazza Matteotti, in front of the law courts building, one time in front of the main entrance and a second time, further back, in the direction of Via Oberdan, while [on a third occasion] Dr Stefanoni and Dr Comodi had seen them together, amongst the various defence lawyers for the accused, in a bar..

This illegal mingling of supposedly impartial court-appointed consultants with the defense teams, described in public writing here for the first time, should have been enough to see Conti and Vechiotti dismissed as consultants from the case, and further down the road facing charges.

[25] there are letters addressed to Dr Mignini, the first on paper with letterhead from the Supreme Court [sic] of the State of Washington (in which place is found Ms Knox’s city of residence, that is Seattle), on the part of judge Michael Heavey (now in retirement after having undergone a disciplinary proceeding for having used Washington State Supreme Court letterhead in a “private” letter addressed to his Italian counterparts) which turns out to have been written also to other magistrates involved, under various roles, in the proceedings and which claimed, with absolutely inconsistent reasoning, the innocence of Ms Knox, asking his Italian colleagues in a pressuring way to “acquit her”; or the highly contentious and clumsily inexpert comments of satisfaction concerning the judgment of the Court presided by Dr Pratillo Hellmann, by authority of the Government of the United States, as, to cite a couple of examples, the then Secretary of State Hillary Clinton and, above all, with repeated interventions in the proceedings under way, Senator Maria Cantwell, of the State of Washington

Failures in fact checking shows up the very one-sided nature of American politics and media coverage. Judge Heavey even wrote to the Presidents of the US and Italy and copied those letters to Congress. Italian court officials are highly restrained from response to protect themselves. Even now many Italians officials dont even know what was being said in English about them and what they were being accused of.

[26] All this evidences the very particular climate in which the proceedings unfolded, especially that of the first appeal, introduced by a summary by the Recorder Dr Massimo Zanetti in which the latter was not at all worried about affirming that in the proceeding that was then being opened the only certain thing was the death of Meredith Kercher, a phrase matching the one that the Recorder of the Fifth Chamber of the Supreme Court, Dr Paolo Antonio Bruno, pronounced according to what was referred to Dr Mignini by an advocate for the civil party.

What a remarkable coincidence. In the case of both statements this is not in accordance with the Italian appeals code. Frequent examples were quoted above of how the Fifth Chambers must accept the First Chambers rulings as givens, and the First Chambers in 2013 in effect ruled in annulling Hellmann that no appeal should be a whole new trial lacking the rather key prosecution part. Note that in March 2015 the Fifth Chambers heard at length from defense lawyers who had been seven years on the case - but no prosecutor from Perugia or Florence was even invited to be there.

5. And In Conclusion

This was a VERY solid case. As is said there, all the lists of evidence in the quotes above could have been longer. Here is a much longer list. Cardiol’s great four-part series on Certainties contains a long list. We have posted various other such lists of evidence, a list of hoaxes, and numerous lists of false claims, and many Powerpoints, and many questions for Sollecito and Knox. Plus even more lists via our right column here.

So it looks like the verdict could become unglued. Italian courts work to some extent on precedent and a tainted verdict could be a very bad precedent. Other prosecutors and judges will be getting similar messages to the judges, not least the judges of the First Chambers which normally handles the murder appeals.

Please read the posts on the fight for legitimacy here and here for more context to all of this.


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.


Saturday, February 28, 2015

Revenge Of The Knox: How Knox’s Body Of Lies Headed For The Dark Side (Series Overview)

Posted by Chimera



Also Implacably Nasty: Star Wars’s Anakin Skywalker’s Yellow Sith Eyes As He Moves To The Dark Side

1. A Thematic Overview

Our complete analysis of of Knox’s perversions of truth in Waiting to be Heard will go live here on a new page in due course.

Meanwhile, please reflect upon this summary.  A taste of things to follow. Our survey of Sollecito’s book will also go live in due course. Here is one previous review of that book.

Plots fit for Hollywood (a fictional film, and a fictional book)?

(a) Consider this screenplay for Star Wars III, Revenge of the Sith

Fiction: Anakin Skywalker is a hero of the Republic, Jedi Knight, and well respected warrior.  He fought for the forces of good, risking his life many times in the process.

Without much reason or plausibility he becomes the evil Sith Lord, Darth Vader.  He then departs from his good self, and goes on a homicidal rampage through his old home, slaughtering many, and helping destroy the Republic.

Reality: Skywalker had many emotional and anger issues, was power hungry, controlling, and had gone on a previous murderous rampage.

(b) Consider this screenplay for Waiting to be Heard by Amanda Knox.

Fiction: Amanda Knox is attending school in Seattle, with ambitions to travel, discover herself, and work professionally as a translator.  Without much reason or plausibility, she is convinced to start engaging in casual sex, throwing all her ambitions away for some thrills.

It ends with the coincidental murder of her roommate, and the misery and destruction it would bring down on her family, and Italians who would rather rely on prejudice than admit they were wrong.  And of course, there was never any evidence against her.

Reality: Knox was known in Seattle for a stormy childhood, casual sex, drugs and alcohol before going to Italy.  Knox could be controlling, narcissistic, and show a mean streak. 

She got arrested for a rock throwing riot, staged a prior break-in as a ‘‘prank’‘, and published a rape story on MySpace.

She went to Italy without a plan or direction and her drug use increased further. Police knew that she slept with one drug dealer in return for free drugs and because of her trail to him caused his incarceration.

Her behaviour was not received well in Italy, especially by the women she lived with, and she felt herself shut out and isolated, with no real friends.  Knox was upstaged by a roommate who was far more serious, driven, and likeable.

In 2007 Knox floundered. She was clearly headed toward a confession or self-incrimination when her lawyers stopped her 17 December interview.

Through 2008 Knox’s tendency to lie was increasing and her lawyers held her back and distanced themselves from certain statements.

In mid 2009 she seriously escalated. Adopting a hard sarcastic voice on the witness stand, she did not appear truthful to most of watching Italy, and Judge Massei accepted very little.

In 2010, 2011 and 2012 Knox’s dishonesties continued to escalate, even as the Hellmann appeal court refuted some of them, and the Supreme Court hit a new level of disbelief toward them.

In April 2013 in the book Waiting to be Heard the volume and scope and nastiness of Knox’s lies really peaked - even though prior to publication for legal reasons the book had been semi-expurgated.

And ever since Knox has tried to sustain that peak, rendering her unable to face the Nencini appeal court, unlike Sollecito who was backpedalling.

2. Preview Of Coming Analysis Of Knox’s Book

I now focus from here on some of what Knox falsely claimed in the book. For the quotes I have put in both chapter and page numbers from my version.

Dissecting The “There Is No Evidence” Claim

Knox claims on TV over, and over, and over, and over again that ‘‘there is no evidence against me’‘, rather than, as many say here, directly saying she did not kill Meredith. 

Click here for:The interview with Diane Sawyer, right when this book was released.

Click here for:The first interview with Good Morning America, a book tour stop, listed here.

Click here for:This interview with a radio station in New Zealand.

Click here for:This interview with an Australian radio station.

Click here for:This Canadian interview with Anna Tremonti of the CBC.

Click here for:A family interview on Good Morning America.

Click here for:The first Chris Cuomo interview, May 2013, listed here.

Click here for:This promotional piece with Amazon editor Neal Thompson.

Click here for:This one with Seattle ‘‘journalist’’ Linda Bryon.

Click here for:This video that went on the air in Germany.

Click here for:This piece on NPR with Jackie Lyden, here.

Click here for:This live interview with the Today Show, Knox says she won’t return.

Click here for:Her email to Judge Nencini.

Click here for:This cringe-worthy appearance with Simon Hattenstone, January 2014, before the verdict.

Click here for:This interview in early 2014, after the Florence Appeals Court confirms the 2009 trial verdict.

Click here for:This one supposedly at UW, after Nencini confirmed Massei’s verdict.

Click here for:This press release comes out after the Nencini Report is issued.

Click here for:This May 2014 interview with Chris Cuomo.

See also the British interviews here and here.

And let’s not forget her upcoming calunnia trial with a first hearing in March, since the Italian magazine, ‘‘Oggi’‘, published excerpts from her book here.

Really? No Evidence???

In Amanda Knox’s own words:

  • (Chapter 13, Page 112) you mention a LONG list of what you and Raffaele talked about, but don’t remember if you read or had sex?

  • (Chapter 17, Page 136) you reference the missing sweater (Filomena saw you wear that day), but it still was never found.

  • (Chapter 17, Page 139) you mentioned the writings (you said you would kill for a pizza).

  • (Chapter 18, Page 143) you claim the blood on the faucet was from your pierced ears.  (According to Barbie Nadeau, your mother said the blood was from your period).

  • (Chapter 18, Page 143) you acknowledge Raffaele took away your alibi.

  • (Chapter 19, Page 151) you claim that Guede backs your alibi, but refutes Sollecito, which doesn’t make sense if you were together.

  • (Chapter 19, Page 152) you acknowledge the knife with your DNA on the handle, Meredith’s on the blade—the infamous double DNA knife.

  • (Chapter 20, Page 155) you say you were there. (You claim it meant RS apartment), yet you let PL remain in prison.

  • (Chapter 20, Page 156) you admit writing a letter (you claim it was misinterpreted), claiming that Raffaele killed Meredith and planted your fingerprints.

  • (Chapter 21, Page 164) you reference RS DNA on the bra clasp but saying it does not implicate you directly.

  • (Chapter 21, Page 165) you admit (and I believe this), that much of your knowledge comes from crime TV.

  • (Chapter 21, Page 165) you sarcastically admit you were the last person to wash up in a bloody bathroom.

  • (Chapter 21, Page 169)—the Matteini decision—you say that the prosecution had stacked so much evidence Guede’s testimony wouldn’t have mattered.

  • (Chapter 22. Page 173) you mention the police arresting the wrong people, but hypocritically, omit your false accusation of PL.

  • (Chapter 22, Page 178) you reference Meredith’s DNA on the knife (which RS claimed was during a cooking accident).

  • (Chapter 22, Page 178) you reference your bloody footprints, and mentioned Raffaele’s

  • (Chapter 23, Page 183) you reference the bra clasp having Raffaele’s DNA

  • (Chapter 23, Page 184) you acknowledge claims of a partial crime scene cleanup.

  • (Chapter 25, Page 209) you acknowledge Filomena testifies you brought other ‘‘friends’’ to the house.

  • (Chapter 25, Page 211) you acknowledge the cut on your neck, which you claim was a hickey.

  • (Chapter 25, Page 216) you acknowledge telling the police Meredith always locked her door, though you try to spin it.

  • (Chapter 25, Page 217) you acknowledge your cellphone and Raffaele’s were turned off, though you give different reasons why.

  • (Chapter 26, Page 220) you acknowledge Quintavalle claims he saw you in his store the morning after, looking pale, and checking out cleaning products.

  • (Chapter 26, Page 221) you acknowledge Nina Capezzali testifies she heard a scream at about 11:30pm, something you put in your statement.

  • (Chapter 26, Page 223) you acknowledge Curatolo saw you in the Piazza, but claim it provides you an alibi, whenever it happened.

  • (Chapter 26, Page 226) you acknowledge that phone records contradict your own account.

And we still haven’t really gotten to those pesky statements you wrote and signed here and here and here.

So. Was Knox lying in all those media appearances? Or lying throughout her book? Or both?

3. Knox’s Trouble Keeping Details Straight

When Exactly Did Patrick Text You?

1.  (Chapter 5, Page 44, 45) Knox says she got text not to come to work BEFORE cooking dinner, washing dishes, having the pipe burst.

2.  (Chapter 13, Page 113) Knox wrote a letter to police, saying she got the text not to come in to work AFTER cooking dinner, washing the dishes, having the pipe burst.

Why Did you Turn Your Phones Off?

1.  (WTBH, Chapter 5, Page 44) Knox says she turned your phone off so Patrick couldn’t text her in case he changed his mind.

2.  (WTBH, Chapter 25, Page 217) Knox sarcastically says the phones were turned off so they could watch a movie undisturbed.

3.  (Honor Bound, Page 22) Sollecito says the phones were turned off so you two wouldn’t be disturbed doing ooh-la-la.

4.  (December 2007 Interview with Mignini) Knox says she turned the phone off because it only had a limited charge.  Knox also claims she doesn’t know if Raffaele turned off his phone.

5.  (At trial) Defence lawyers contested that the phones were ever shut off.

The Pipe-Leak at Raffaele’s Apartment

1.  (Chapter 5, Page 44) Knox says Raffaele had already had a plumber come once

2.  (December 2007 interview with Mignini) Knox claims it is the first time the leak ever happened.

Harry Potter in German?

1.  (Chapter 5, Page 44/45) You make dinner, wash dishes, have the pipe leak, then go read HP in German

2.  (Chapter 13, Page 113) You say you read HP in German to Raffy before Amelie, and before dinner

How Many Partners in Italy?

1.  (Chapter 2, Page 16) Cristiano, the man she met on a train (actually a drug dealer named Frederico).  The first.

2.  (Chapter 3, Page 23) Mirko, a man she met at a cafe.  The second.

3.  (Chapter 4, Page 35) Bobby, a man supposedly introduced by Laura and Filomena.  The third.

4.  (Chapter 5, Page 38) Raffaele, who she met at a music concert.  The fourth.

5.  (Chapter 18, Page 142) Knox claims of 3 partners in Italy (4 in Seattle, so 7 total).  This is her ‘‘HIV-hoax’‘.  Well, she lists 4 just in Italy in the book.

6.  Laura and Filomena complained of Knox bringing MANY strange men home.

A Hypocrite In Knox’s Own Words

(Chapter 18, Page 142) Knox complains about being characterized as a sex obsessed slut.  She frequently complains about how she is perceived.

(Chapters 2, 3, 4) Read for yourself.

Meredith’s Time of Death

(Chapter 26, Page 221) Stomach digestion analysis is not an accurate way to determine a person’s T.O.D.

(Chapter 26, Page 222) Stomach digestion analysis is an accurate way to determine a person’s T.O.D.

When Knox Becomes A Suspect

(Chapter 7, Page 54) Knox claims that she and Raffaele were already suspected, and the police decided to tap their phones.

(Chapter 7, Page 54) Knox claims ALL the people in the house were detained: herself, Laura, Filomena, Giacomo. the other men downstairs.

(Chapter 8, Page 69) Knox says she is staying behind to help the police

(Chapter 8, Page 69) Knox thinks running away would be seen as a failure as an adult.

(Chapter 9, Page 76) Supposedly, British tabloids are reporting that one of Meredith’s female roommates was a suspect.

(Chapter 10, Page 81) Despite the ‘‘50 hour interrogation’’ Knox still finds time to attend class on Monday

(Chapter 10, Page 83) Knox says the police suspected them, and were trying to separate her and Raffaele.

(Chapter 10, Page 83) Knox says she had to beg the police to let her into the police station while Raffaele was being questioned.  Some suspect.

For some context please see this post.

4. Stuff That Is Outright Disturbing

(Chapter 2, Page 16) Knox meets a drug dealer on a train, and ditches her sister to be with him.

(Chapter 2, Page 20) Knox goes with her Grandma to get medications for her STD (and writes about it)

(Chapter 2, 3, 4) Knox has her ‘‘campaign for casual sex’’ and writes about it.

(Chapter 8, Page 73) Knox publishes personal details about Meredith, including questions about whether she like anal.

(Chapter 10, Page 82) Knox skips the memorial of her ‘‘friend’’ to go strum a ukulele, and is annoyed it paints her as cold.

(Chapter 12, Page 104) Knox seems to enjoy the false detail with which she describes being strip searched.

In fact disturbing that this book was ever written.  Hello?  Son of Sam?

For all the bad feelings Amanda claims to have about Lumumba’s false arrest, she still blames it on the police.  Either she can’t (or pretends she can’t) see that her statements are what caused it to happen.

5. Obviously False Claims

(Chapter 6, Page 49) Knox claims that Raffaele reported the break in before the postal police came. This was proven false.

(Chapter 10, Page 80) Knox claims to be assaulted by Officer Ficarra.  Never happened.  She also claimed to not have an interpretor.  But see here and see here.

(Chapter 10, Page 89) The ‘‘interrogation’’ with Mignini.  Detailed, but total BS.  It never happened.

(Chapter 11, Page 95) Knox claims she was told she was being held for ‘‘bureaucratic’’ reasons.  She knew why she was arrested.

(Chapter 11, Page 96) Knox sends her 3rd statement.  Read it and tell me that this is not total junk.

(Chapter 11, Page 100) Knox describes a search that would qualify as sexual assault, if it were actually true.

(Chapter 18, Page 142) Knox herself released the positive HIV test, and used it to try to gain sympathy.

(Chapter 20, Page 155) Knox misrepresents the grilling from Mignini, and who her lawyers were. See the transcripts here and here and here and here.

(Chapter 22, Page 180) Knox supporters claim Guede got his sentence reduction to testify, but here Knox admits Guede went ‘‘short-form trial’’ for the 1/3 reductions.

Knox had another attorney, Giancarlo Costa., who was present with Luciano Ghirga at Knox’s December 2007 questioning from Mignini.  He left shortly after this, likely due to frustration.  In the book Knox lists Ghirga and Vedova (who was not yet retained).  In fact, Costa is not mentioned at all throughout the book.  Probably to his benefit, as Ghirga and Vedova are ‘‘quoted’’ as saying many false and insulting things, including being credited with helping to write this ‘‘memoir’‘.

Knox also adds stories about other people engaging in drug use and casual sex, but I disbelieve just about everything she says.

6. Tortured Logic

Myth: There is no evidence, and what there is, is unreliable (Knox lawyer Ted Simon)
Fact:  For there to be unreliable evidence, there has to be evidence in the first place.  Is this moron really a lawyer?

Myth:  There is no evidence against Knox and Sollecito, and the evidence is only circumstantial.
Fact:  For evidence to be ‘‘merely’’ circumstantial, it still has to exist.  And different types of circumstantial evidence together can be very compelling.

Myth:  If the prosecution actually had a case, there would be no need to drag Knox’s personal and sex life into the spotlight.
Fact:  The prosecution actually has a very strong case, it is Knox who keeps bringing up her sex life (either as a diversion, or because she’s weird)

Myth:  There is no evidence against me (Sollecito interviews), and nothing very strong against Amanda.
Fact:  You just admitted there is something against Amanda.

Myth:  The evidence against Guede is rock solid.  The evidence against Knox and Sollecito is contaminated.
Fact:  The same CSI’s investigate the whole crime scene.  Either they did a good job, or they didn’t, you can’t have it both ways.

Myth:  There is nothing to place Amanda and Raffaele in Meredith’s bedroom.
Fact:  Aside from RS’s DNA on bra-clasp and AK’s shoeprint,
    -There is Filomena’s room (alleged point of entry), with mixed DNA from Amanda/Meredith.  It was ransacked BEFORE with window was broken.
    -There is no trace of Guede in Filomena’s room (even though he supposedly scaled the wall, and broke in through the window).
    -There is Amanda’s bedroom (lamp taken for cleanup) and wiped of prints
    -There is Amanda’s bathroom (used to washup), mixed DNA from Amanda/Meredith, RS’s footprint on mat.
    -There is Laura/Filomena’s bathroom (Rudy used), which Knox deliberately avoided flushing the toilet.
    -There is the hallway (access between the rooms) with Knox and Sollecito’s bloody footprints, wiped away, revealed with luminol..

        Seems like the entire house is a crime scene, and in the book, Knox does mention some of this.

Myth:  There is no forensic evidence Knox and Sollecito were involved.
Fact:  Aside from being false, the other ‘‘non-existent’’ evidence listed here:
    -Knox’s false accusation of Lumumba to divert attention from herself.
    -Knox’s false accusations of police brutality to try to get off on the charges.
    -Knox and Sollecito both turning off their cellphones (then denying it, then offering different justifications for it)
    -Knox and Sollecito both gave numerous false alibis.
    -Knox knew inside details, such as Meredith screaming, having her throat cut, and where she died.
    -Testimony from witnesses such as Curatolo, Quintavalle
    -Testimony from Laura, Filomena, and Meredith’s British friends.
    -To this day, Knox and Sollecito cannot provide a clear or consistent account of where they were, and what they were doing.

        They would likely have been convicted on these facts alone, and the book does address (but dismiss), many of these points.

7. My Own Conclusions

WTBH is about 90-95% total bullshit, and I am giving Knox the benefit of the doubt here.  She sprinkles truth here and there, just enough to make it arguable.

Knox writes in lurid detail about her sex life, and keeps bringing up her rabbit vibrator.  It doesn’t help clarify what she was doing when the murder took place, and doesn’t really give any information that would lead to other suspects.  All it does is reinforce the notion that she is unstable, sex obsessed, and totally clueless to the reactions of other people.

My own take is that this is Knox’s revenge. She is getting to slime everyone she didn’t like—which is just about everyone. 

While Sollecito obviously didn’t write Honor Bound (he just couldn’t with his poor English skills), I believe that Knox is the primary author of WTBH.  Linda Kulman may have helped with some parts, but this sounds to me like Amanda.

While Knox repeatedly goes on the ‘‘No Evidence’’ mantra, this book (if you can stomach reading it), very much refutes her media claims.  In a very loopy way, Honor Bound (authored by Andrew Gumbel), does the same thing, tacitly admitting many key prosecution facts.  Both books are arrogant, nasty, spiteful, partial confessions.

Here is a screwed up thing: This is only a partial summary.  The full book analysis is coming.  The floodgates are opening.

8. This isn’t the Beatles, but…

The payback is here
Take a look, it’s all around you
You thought you’d never shed a tear
So this must astound you, and must confound you
Buy a ticket for the train
Hide in a suitcase if you have to
This ain’t no singing in the rain
This is a twister that will destroy you

You can run but you can’t hide
Because no one here gets out alive
Find a friend in whom you can confide
Julien, you’re a slow motion suicide

(Lyrics from ‘‘Julien’’ by Placebo)


Friday, August 08, 2014

False Claims By Amanda Knox & The Book Team May End Up Costing Them Millions

Posted by The TJMK Main Posters

Book agent Robert Barnett forgets to exult about marketing the defamatory Amanda Knox book

True Costs Of The PR Bandwagon

Not solely for crimes of her own making, but there is a potential $10-million-plus bill that Knox & co may be stuck with.

  • $5-plus million in costs and damages awarded against her by the Massei trial court and confirmed by the Nencini appeal court, incuding unpaid damages of nearly $100,000 to Patrick which Cassation already rendered final.

  • $4 million for the book payment arranged in seeming defiance of Italian and American bloodmoney laws (called Son of Sam laws in the US), big bucks in financial donations from other misleading fundraisings (see the Knox website), and yet more big bucks for civil damages (see one defamation action described in the post under this one.)


A Self-Damaging Trend

It seems Amanda Knox can be extremely hard to shut up. Back in 2008 Knox’s own Perugia lawyers had to ask her publicly, via the media, to please shut up and stop inventing things.

After her conniption at Perugia’s central police station on 6 November 2007 she not only insisted on writing out three statements, she also babbled for large parts of the next five hours.  That was despite attempts to calm her down with camomile tea and carbohydrates.

Then came her two calamitous days in mid 2009 on the witness stand (see more below) and her leaked diaries (which actually did nail one malicious lie not her own), and her bizarre video, and multiple reports of her other doings in Capanne, and multiple interviews ever since.

One of which has entrapped Italy’s Oggi as we can see here and here.

A Possible Legal Scenario

Knox’s own lawyers (who dont seem to have read her book in draft) also never backed up any of her claims at trial. Read the transcripts and it is pretty obvious that they were very very careful not to do so.

Even the partisan Judge Hellmann concluded Knox was lying and both he and Cassation confirmed Knox’s three-year prison sentence for calunnia. To that there is no further appeal, and of course the time was served.

The precise timing of the Knox book’s release represents another potential millstone. It came out after Sollecito’s book had been sent to Florence prosecutors for investigations, and also after British and Italian editions were cancelled by HarperCollins’s own lawyers, and also after the Italian Supreme Court reverted Knox’s status to “guilty pending any final appeal” leading to her appeal which failed last January.

Red flags were up all over the place. Even other better-advised American publishers were emitting warnings.

Absent Knox’s team getting good advice and withdrawing, settling, and apologizing, Knox and HarperCollins could be targeted by those Knox defamed. Then HarperCollins could target Mr Barnett and Ms Kulman. Mr Barnett and Ms Kulman could then target Mr Knox and Mr Marriott and Mr Simon.

Finding fault with Knox’s book is like shooting fish in a barrel. See our previous post. Here are ten further examples.

Instances Of False Claims

1. False Claim: Knox On The Framing Of Her Kindly Employer

This is the lie that was universally disbelieved and for which Knox served three years for. See our still-emerging Interrogation Hox series. The objective Italy-based reporter Andrea Vogt is ahead of us on this one.

[Knox] writes that she had a flashback to the interrogation, when she felt coerced into a false accusation. “I was weak and terrified that the police would carry out their threats to put me in prison for 30 years, so I broke down and spoke the words they convinced me to say. I said: ‘Patrick - it was Patrick.’”

In her memoir, she describes in detail the morning that she put that accusation in writing, and says the prison guard told her to write it down fast.

Yet in a letter to her lawyers she gave no hint of being rushed or pressured. “I tried writing what I could remember for the police, because I’ve always been better at thinking when I was writing. They gave me time to do this. In this message I wrote about my doubts, my questions and what I knew to be true.”

2. False Claim: Dr Mignini Portrayed Knox As A She-Devil

During the rebuttals, on December 3, each lawyer was given a half hour to counter the closing arguments made over the past two weeks. Speaking for me, Maria criticized Mignini for portraying Meredith as a saint and me as a devil

Really? Prosecutor Mignini said that? So why did the entire media corps report that it was said by Patrick Lumumba’s lawyer Carlo Pacelli? As the BBC reported:

[Mr Pacelli] added: “Who is the real Amanda Knox? Is it the one we see before us here, simple water and soap, the angelic St Maria Goretti?”

“Or is she really a she-devil, a diabolical person focused on sex, drugs and alcohol, living life to the extreme and borderline - is this the Amanda Knox of 1 November 2007?”

So even Mr Pacelli didnt compare Knox to Meredith, or simply call Knox a she-devil to her face. He asked rhetorically if she was a she-devil or a saint. Not exactly unheard of in American courts.

And remember he was addressing someone who would have been quite happy to see Patrick put away for life, cost him two weeks in a cell, entangled her own mother in a cover-up, destroyed Patrick’s business and reputation world-wide, still hasnt paid him money owed, and for lying about him served three years.

Prosecutor Mignini in fact never called Knox anything at all. We can find no record that he did. Again and again he has denied it. And he had no personal need to prosecute Knox, and certainly no need to frame her, despite many pages Knox devotes to trying to prove the reckless claim that he did.

3. False Claim: Dr Mignini Ascribes Crimes To Satanic Cults

Actually Dr Mignini has been repeatedly seen on Italian national TV saying satanic cults are rare and he has never originated even one such claim.

Dozens of others had suspected and talked about a satanic cult behind the Monster of Florence murders for many years before he investigated one loose end in the case. He did correctly not ascribe those murders to the work of a single serial killer - the man Doug Preston and Mario Spezi seemed to be framing to create for themselves worldwide adulation, only to end up bitter and mean when caught red-handed.

A Sollecito defense lawyer (Maori) emerged from a closed meeting with Judge Matteini and among other heated remarks originated the malicious claim that Dr Mignini was seeing something satanic.

4. False Claim: Knox Portrays Her Success On The Witness Stand

No success to anyone present. Knox devotes many pages to trying to make herself look good on the witness stand at the trial in mid-2009.

But Italians who could follow in Italian in real-time ended up trashing her phony performance up there. Read what they saw here and here.

It didnt convince the Massei court judges or Nencini court judges or the Supreme Court judges - or even the Hellmann court judges, those of the annulled appeal. Knox served three years.

5. False Claim: About Knox’s Medical Examination After Arrest

The objective Italy-based reporter Andrea Vogt reporting.

“After my arrest, I was taken downstairs to a room where, in front of a male doctor, female nurse, and a few female police officers, I was told to strip naked and spread my legs. I was embarrassed because of my nudity, my period - I felt frustrated and helpless.”

The doctor inspected, measured and photographed her private parts, she writes - “the most dehumanising, degrading experience I had ever been through”.

But in the 9 November letter to her lawyers, she described a far more routine experience.

“During this time I was checked out by medics. I had my picture taken as well as more copies of my fingerprints. They took my shoes and my phone. I wanted to go home but they told me to wait. And that eventually I was to be arrested. Then I was taken here, to the prison, in the last car of three that carried Patrick, then Raffaele, then me to prison.”





Amanda Knox (arms up) at one of various concerts she attended in Capanne prison

6. False Claim: Capanne Prison was A Hellhole Of Sin And Debauchery

That opening remark of a book review by the National Enquirer was widely parroted in other American media reports.

Over half of the Knox book is devoted to hammering home this theme. Maybe in a longshot hope that it will help to encourage the U.S. to refuse her extradition.

Italian prison conditions and treatment, Knox claims, were so bad that they made her life miserable. She says that at times she became very despondent, and even claims to have imagined doing away with herself. 

However, Italian prison conditions except for occasional overcrowding are widely considered among the most humane, caring and rehabilitating in the world. Compared to US prison conditions, they are like night and day.

And this almost universal claim of every prisoner everywhere is contradicted by the media on which she and her family worked so hard; by prison staff and official visitors, and even by the US Federal Government itself.

(1) Contradicted by the extensive media reporting

Occasional despondency is not all uncommon among those paying their debt to society. And there is scads of reporting that Knox had adjusted well to prison.

Read all of this BBC report dated 2013 by the objective Italy-based reporter Andrea Vogt. And read this by ABC News after Knox was found guilty in 2009.

Knox said that she felt “horrendous” the night that the verdict was delivered. “She said the prison guards did come in to hold her and make her feel better. She said the other prisoners were good to her,” Thomas said.

The reporter said the prison is “extremely clean.” Knox’s cell, which she shares with another American who has been sentenced on drug charges, is small. “It had a little bathroom with a door, a bidet, a sink, a shower…. better than some of the things I’ve seen at summer camp or boarding school.”

The women inmates are allowed to go to a hairdresser once a week.

The prison is a new facility, just opened in 2005. The women’s ward has an infirmary, an entertainment room with a pool table and ping-pong table, and a library. There is also a small chapel. Outside there is a little playground for children with benches and toys because there are cells specifically for women with children. Currently there are two women in Capanne with children.

It was very widely reported over four years that Knox was given the opportunity to do all these many things rarely encountered in American prisons: Learn the guitar. Read a lot. Watch TV. Study foreign languages.

Do artwork (colored pictures of hands). Attend rock concerts where she was seen leaping up and down (images here). Attend classical concerts. Attend Christmas parties.

Knox even played a major part in the creation of a rock video with a rock group. Unfortunately for her, that video appeared to many to come close to a taunting murder confession.

And on various occasions Knox was quoted as saying prison guards were kind to her.

(2) Contradicted by the US Embassy and State Department

American officials monitored Knox in court and prison and never saw anything that would back up Knox’s claim.

The objective Italy-based reporter Andrea Vogt reporting.

State department cables, released through the Freedom of Information Act, show that between 2007 and 2009, three different high-level diplomats from Rome (Ambassador Ronald Spogli, Deputy Chief Elizabeth Dibble and Ambassador David Thorne) were among those reviewing Knox’s case.

Embassy officials visited regularly. Records show one consular official visited Knox on 12 November, soon after her arrest.  A few weeks later she wrote in her diary how the visits of embassy officials improved her experience….

In 2008 and 2009, she was visited by two embassy officials at a time, six times. Ambassador David Thorne, whose name appears at the bottom of cables in August, November and December of 2009, is the brother- in-law of US Secretary of State John Kerry (at that time chairman of the Senate Foreign Relations Committee).

If the diplomats knew anything of the “harrowing prison hell” Knox was going through (as one paper put it), they are keeping those reports under wraps. Neither Kerry nor any other prominent US politician has made any public complaints. Even today, her Italian lawyers maintain she was not mistreated.

This matters incredibly to Knox because it constitutes the official take of the US Federal Government. It will be front and center of State Department and Justice Department considerations when an arrest warrant for Knox is issued and extradition is requested.

(3) Contradicted by Member of Parliament Rocco Girlanda

Mr Girlanda visited Amanda Knox in prison approximately 20 times for the specific purpose (or so he claimed) of checking her prison conditions. In fact that was the only way he could legally visit her, although oddly enough a book and a number of other pro-Knox actions emerged - even a complaint to the President about the Perugia prosecutors.

After Knox was released late in 2011 Mr Girlanda specifically praised the prison staff in this statement.

Perugia Prison Police The Example of Professionalism.

The PdL Party member of parliament Rocco Girlanda praises the officers of the Perugia prison.

“I’ve had the opportunity to describe to the Minister of Justice, Nitto Palma, the great professional behaviour shown by the Perugia Penitentiary Police with regards to the court case that saw Amanda Knox as protagonist, a behaviour that I had always observed during the course of my visits to the Capanne prison in the last two years.”  So says Rocco Girlanda, Umbrian deputy of the PdL, after the conclusion of the appeal trial of Amanda Knox and Raffaele Sollecito.

“In recent months I have had the opportunity to make dozens of visits to the prison, which also included some of the petitions presented by the senior management of the premises and my commitment in this regard, always finding, that starting from the director Bernardina Di Mario, continuing with the Penitentiary Police commander Fulvio Brillo, up to the entire personnel employed, the helpfulness, the courtesy and their professionalism which allows me to say that Perugia is a model structure on the national landscape, managed and directed in the best way and with a large dose of humanity on the part of the staff employed.”


(4) Contradicted by Knox’s own Italian lawyers

Knox’s lawyers Mr Dalla Vedova and Mr Ghirga visited her again and again during the 2009 trial and 2010 hiatus and 2011 appeal. Knox once again had dozens of opportunities to lodge complaints with them - lawyers who could have initiated Supreme Court action in response.

When Knox was released late in 2011 Mr Dalla Vedova and Mr Ghirga were interviewed by the TV station Umbria 24:

The lawyers: “she never complained about the prison”.

Amanda Knox “has never complained about the conduct/behavior of the prison police supervisor” and “she has never mentioned his name”: to say so are the defenders of the American woman, lawyers Carlo Dalla Vedova and Luciano Ghirga, commenting on what was reported by the tabloid The Sun. “

Ghirga said: “In the diary Amanda never makes the name.”

Della vedova said: “We are grateful to the management staff of Capanne prison for their cooperation even given to the family’s requirements. Amanda has never reported violations against her.”

“She absolutely has received the correct treatment and the outmost solidarity, within compliance, especially in the prison’s female section.”


(5) Contradicted by prison guards and other inmates

In some interviews, the reporter Sharon Feinstein captures a view of a difficult, narcissistic, uncaring Amanda Knox which is very commonplace around Perugia. The real faults lie with Knox, in effect.

7. False Claim: About Knox’s Persona And Mood Swings In Prison

The objective Italy-based reporter Andrea Vogt reporting.

She says she was often suicidal, but recollections of prison staff and other inmates differ. Flores Innocenzia de Jesus, a woman incarcerated with Amanda in 2010 described Knox as sunny and popular among the children who were in Capanne with their mothers, and recalled her avid participation in music and theatrical events. She also held a sought-after job taking orders and delivering goods to inmates from the prison dispensary.

“Most of the time when we spoke during our exercise break, the kids would call her and she would go and play with them,” de Jesus told me.

American officials monitored Knox in court and prison and never saw anything that would back up Knox’s claim.

8. False Claim: Negative Attitudes Displayed By The Prison Staff

Agian, the objective Italy-based reporter Andrea Vogt reporting.

“The prison staff are really nice,” wrote Knox in her personal prison diary, which was eventually published in Italy under the title Amanda and the Others.

“They check in to make sure I’m okay very often and are very gentle with me. I don’t like the police as much, though they were nice to me in the end, but only because I had named someone for them, when I was very scared and confused.”

She described Italian prisons as “pretty swell”, with a library, a television in her room, a bathroom and a reading lamp. No-one had beaten her up, she wrote, and one guard gave her a pep talk when she was crying in her cell.

Unlike the heavily-edited memoir, these are phrases she handwrote herself, complete with strike-outs, flowery doodles, peace signs and Beatles lyrics.

9. False Claim: The Positive HIV Result At Capanne Was Malicious

The objective Italy-based reporter Andrea Vogt reporting.

Both accounts also refer to the devastating but erroneous news from the prison doctor that she had tested positive for HIV, although her diary presents a more relaxed person at this point. “First of all, the guy told me not to worry, it could be a mistake, they’re going to take a second test next week.”

We also know that it was Knox’s own team who leaked the HIV report and list of sex partners she herslf chose to create. Not the doctor or anyone else. No malice was intended, that is clear, despite her claims.

10. False Claim? Knox Was Pressured For Sex By A Prison Guard

One of Knox’s prison claims actually names a now-retired senior prison guard who Knox claimed often asked her for sex. There are no witnesses, but he is now suing Knox for libel and Knox herself seems to have wrecked any defense..

Knox made the claim but in a far weaker form in 2011. Then as CBS reported she had in fact concluded the guard was not even serious about sex. He was seeking to understand her.

Investigative journalist and CBS News Consultant Bob Graham, reading from Amanda’s letter to him: “”˜He was fixated on the topic of sex, with whom I’d done it, how I liked it, if I would like to do it with him. When I realized that he really wanted to talk to me about sex I would try to change the subject.’”

Correspondent Peter Van Sant: “What does this letter say to you about what she’s been going through?”

Graham: “It says in a time when she was clearly traumatized by the events of the death, the murder of her flatmate, that there she was, an innocent abroad, because she was innocent, she is innocent”¦ and here she was being pressured, further pressured in a prison system, a system that at least she should have had some degree of safety.”

Graham, reading Amanda’s letter: “I realize that he was testing me to see if I reacted badly, to understand me personally. He wanted to get a reaction or some information from me. I did not get the seriousness of the situation.’”

Knox’s claim about pressure for sex seems to have left Italians contemptuous. Yet more lies from knox, the Italian Il Giornale labeled it.

Have a good weekend, guys. Hit the law books.


Wednesday, June 18, 2014

Legal Problem For Knox: How Tough American Laws Could Wind Back Blood-Money Profits & Spendings

Posted by The TJMK Main Posters




The 40-Plus State Son-of-Sam Laws

David Berkowitz or Son-of-Sam as he called himself during his killing spree is a convicted American serial killer. Watch a documentary at bottom here.

In New York State (where Knox’s publisher is) and Washington State (where Knox herself is) and about 40 other American states Son-of-Sam has a much-exercised and now rarely-challenged law named after him.

After early challenges and some revisions, many of those State Son-of-Sam laws continue to be strengthened and almost all are enforced regularly. From Wikipedia:

A Son of Sam law is any American law designed to keep criminals from profiting from the publicity of their crimes, often by selling their stories to publishers… Son of Sam laws are designed so that criminals are unable to take advantage of the notoriety of their crimes. Such laws often authorize the state to seize money earned from deals such as book/movie biographies and paid interviews and use it to compensate the criminal’s victims…

In certain cases a Son of Sam law can be extended beyond the criminals themselves to include friends, neighbors, and family members of the lawbreaker who seek to profit by telling publishers and filmmakers of their relation to the criminal. In other cases, a person may not financially benefit from the sale of a story or any other mementos pertaining to the crime””if the criminal was convicted after the date lawmakers passed the law in the states where the crime was committed.


Son-of-Sam Laws In The News

The Son-of-Sam laws are in the American news almost daily. See these for example:

  • Here is an article about the admitted killer Jodi Arias who could have otherwise been in line to profit from a movie showing her killing of her former lover Travis Alexander from her point-of-view.

  • Here is an article about the former university football coach and male rapist Jerry Sandusky who may be writing a book to benefit himself and his family.

  • Here is an article about OJ Simpson, the former footballer and convicted killer of his wife and one other, who is essentially in prison now for trying to circumvent a Son-of-Sam law mandating payments to the families of his victims.


How Son-of-Sam Laws Work

Here from the Criminal Lawyers website is a generic description of how such State laws work.

Each state’s law is different, but here some of the things you may see in any particular Son of Sam law:

What’s covered?  Practically just about anything a criminal defendant might gain or profit from his crime. Some state laws generally define “profit from crime.” For example, a law may state it’s “any property obtained through or income generated from the commission of a crime.” Other states are very specific and may, for example, state “profit of crime” is money or other property with value a defendant may receive for a book, movie, television show, play or newspaper article about the defendant and his crimes.

Who’s covered? In some states, only the criminal defendant is covered. In other states, members of his family are covered, too. They may be related by blood or by “affinity” or kinship, such as a spouse or father-in-law. The idea is to make sure a family member doesn’t get the money and hold it for the defendant.

Payment. Most states require the person paying the defendant - the book publisher, movie producer, etc. - to pay the money directly to a court or special state agency, like the state’s Crime Victims Assistance agency. The money is held in a special account for the crime’s victims.

Getting the money to the victims. In most states, once money is deposited, the court or the state agency in charge of the money notifies victims the money is available. In other states, the person or company paying the defendant must notify victims. Either way, victims are usually notified by ads or “legal notices” in local newspapers where the crime was committed. It’s also possible the names of specific victims may be found in the court records connected to the case, and those victims may get personal notification, such as by mail.


Ten Grave Weaknesses In Knox’s Position

Under these 40-plus Son-of-Sam state laws Amanda Knox and her agents appear to be in an extremely weak legal position. Here are 10 reasons.

    1) Knox was confirmed convicted without further recourse by the Italian Supreme Court of calunnia (against Patrick Lumumba) in March 2013 and she was also provisionally confirmed guilty of murder and other crimes when her appeal before the Florence Appeal Court failed six months ago.

    2) That final false-accusation conviction occurred prior to Knox’s book Waiting To Be Heard being released. The British and Italian arms of the publishers, HarperCollins, refused to release the book in the UK and Italy, citing major legal liabilities. The New York based HarperCollins publishers and therefore Knox herself knew that there were very serious legal questions.

    3) Amanda Knox was represented by Washington DC lawyer and book agent Robert Barnett who touted the book to various publishers for a claimed $4 million. If Robert Barnett was misled as to the truth of the book, Knox may find herself kicked under the bus by him.  If he was not misled, he too is entangled.

    4) Knox’s book (available globally via Amazon Kindle) includes many serious misstatements on (among other things) the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her felony conviction and sentence.

    5) Knox also misstated the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her felony defamation conviction in (a) an arrogant email to Judge Nencini at the Florence appeal and (b) an arrogant press release after the judge’s sentencing report was released.

    6) Knox appears to have misstated the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her conviction in a submission to the European Court of Human Rights (ECHR) in Strasbourg. She also uses those false claims for her continued refusal to pay damages to Patrick.

    7) Large numbers of opportunists appear to have directly profited. While we don’t know for sure, it seems Knox blood-money may have been used (a) to pay off her parents’ legal debts; (b) to pay her Italian and American lawyers; (b) to pay David Marriott’s public relations outfit; (d) to pay travel to Seattle and other expenses for some of her wackiest supporters, Sforza and Fischer included. Fees for abusive work by many in online support of Knox are rumored

    8) We have repeatedly been told that any media request for access to Sollecito or Knox results in a greedy hand being stretched out. Any media who paid anything to Knox or her family (CNN? ABC? CBS? The Guardian? Oggi?) for access since 2007 could be seriously vulnerable.

    9) Knox will face a new trial in Italy in due course for numerous new felony accusations in the book, including a very serious false charge against Dr Mignini. Also she and her followers are widely on record as disrespecting and harrassing the real victim and her ailing family.

    10) And a mandatory Son-of-Sam Law investigation by State Attorney Generals can be triggered in over 40 American states via a simple report from a citizen. The Italian Government could also trigger such a criminal investigation.

And Amanda Knox still has her greedy paw out for contributions. See her highly misleading website. Tread warily, folks. Up to 40-plus investigators could come calling at your door…

Early Death To Any Political Support

American politicians almost all favor the Son-of-Sam Laws. The thought of a convicted killer profiting is something almost 100% of American voters wont tolerate. Anything that encourages crimes and the flouting of laws is a really big American no-no.

And if Knox is trying to assemble any bought-and-paid-for political support to resist extradition, such political support will dissipate in a heartbeat when Son-of-Sam again rears his head.

Not a very nice slippery slope for Knox. On multiple counts she looks like a sure-fire loser.


Thursday, May 22, 2014

The Cuomo Interview: Why This May Be The Last Time Knox Tries To Argue Innocence On TV

Posted by Vivianna




Concepts of innocence

I want to make the distinction here, as in some of my previous posts, between factual and legal innocence to show how on factual evidence Knox is giving up.

  • Factual innocence is what we may consider “true” innocence, i.e. the complete lack of involvement in a crime.

  • Legal innocence, on the other hand, is innocence established in a court of law on the basis of a reconstruction of events.

Ideally, the two coincide. But there are certainly cases in which someone who is factually guilty of a crime may be found innocent in a legal sense due to a lack of evidence.

This distinction is important here since the type of innocence Knox appears to want to establish throughout her most recent interview is, surprisingly, legal innocence ““ not factual innocence.

There are signs that Knox knows she’s failed to sell factual innocence, and is losing traction with all crime professionals everywhere - the psychologists are already long gone.

And signs that American big-media fascination has run its course. A few days after the release of the Nencini motivation report, Knox was interviewed by Chris Cuomo on CNN. This was the one big Knox-camp response to the report - and the main airing of the interview was just after 6:00 am.  A video of some highlights can be viewed on the CNN website after the brief ad.

I would like to refer you at the start to this excellent post by Eyes for Lies, who has been praised on TJMK before. The transcribed quotes below are taken from the Eyes for Lies blog and they are accurate; their accuracy can be confirmed by listening to the interview linked above.

“This judge’s motivations…”

The first thing you may notice when you watch the interview is Knox’s difficulty to form articulate sentences.  This is not a comment on her intelligence or her ability to speak in public, but it appears odd considering her coaching and the number of interviews she has given before.

She pauses often and constantly reforms her sentences, perhaps realizing that what she wants to say may not play out in her favor.  As a result, she uses vague and sometimes unusual language, and her sentence fragments reveal aspects which she is otherwise attempting to conceal.

This inability to effortlessly stick to her script in a somewhat tense scenario betrays the fact that there is a discrepancy between her beliefs and her public statements.  It also begs the question of why someone who is supposedly telling the truth needs to construct her answers so carefully if she has nothing to hide.

Cuomo begins the interview by asking Knox why she thought that this judge [Nencini] went further than any other.  Here is Knox’ answer, preceded by a rather odd smile:

I”¦believe”¦I mean, I can’t speculate what this judge’s motivations”¦personal motivations or otherwise”¦What I can say is that”¦as”¦this”¦case”¦has progressed”¦”¦.the evidence”¦that the prosecution has claimed exist against me”¦.has been”¦has been proven less and less and less.

The quote of Knox above is a good example from the legal v factual innocence point of view. First, let’s look at the opening few words.

She begins by saying “I believe”¦” and then stops.  Evidently, only Knox knows what exactly she intended to say, but it’s rather obvious from her next sentence that what she wanted to say about the judge was not particularly flattering or diplomatic.  Given her current situation and the pending defamation suits, she probably thought it was not a good idea to be direct.

Hence, she rephrases on the fly and goes on say that she couldn’t comment on his motivations, while doing this nevertheless towards the end of her sentence.  This is known as “paralipsis” which is stating something (which sometimes may be considered an ad hominen) while pretending not to do so.

The fact that she mentions Judge Nencini’s “personal motivations or otherwise” implies that his decision may have not been objective, but based on a personal bias against the defendants (an idea that Ms. Bongiorno has been unsuccessfully trying to flog after the verdict). 

“Diminishing evidence…”

Moving on, she makes the first appeal to the legal innocence I mentioned above.  Instead of clearly stating that she was innocent or that she did not kill Meredith, Knox prefers to focus on the fact that the evidence against her has been allegedly diminishing.

For one, this is false, as no piece of evidence at all has been dismissed; on the contrary, the new DNA test results from the Carabinieri lab could be considered as additional evidence.  So Knox is blatantly lying about something which can be factually disproved, which immediately raises the question of what else she could be lying about.

Secondly, what makes this statement odd is the fact that she does not assert her factual innocence.  As someone who was supposedly wrongly accused and against whom there is evidence, whether or not she chooses to acknowledge it, the one thing she has control over is the inner knowledge of her own factual innocence.

That kind of knowledge, in someone who was not subjected to torture or brainwashing, should be untouchable ““ absolute.  No matter what anyone said she did, if she knew for a fact that she hadn’t done it, she would be stating it at every opportunity.

The fact that she chooses not to do this indicates that Knox herself may have trouble keeping up this pretense of innocence, especially if she is privately plagued by fear and perhaps guilt or remorse (although she hasn’t shown any signs of the latter).  It has been suggested that she may be at a point where she has convinced herself of an alternate truth, but based on what she says, I am uncertain that she genuinely believes what she says.

“I did not kill…”

Only in her next sentence does she finally offer a denial ““ unfortunately couched in vague language which undermines her point.

I did not kill my friend. I did not wield a knife. I had no reason to.

Simple, straight sentences like these are the kind we would expect from an innocent person.  The problem lies in the fact that, throughout this interview, Knox never clearly states, “I did not kill Meredith.”  I don’t think Knox is lying when she says “I did not kill my friend,” since, strictly speaking, she did not kill any of her friends.

The problem is that Meredith was not her friend, even if both she and Meredith may have acted friendly towards each other at the beginning.  Based on statements given by Meredith’s English friends and by her family, Meredith was irritated by Amanda’s behavior and frequently complained about the latter’s habits (untidiness, dirtiness, attention-seeking, bringing strange men to the apartment, etc).

Meredith probably maintained a civil front in order to avoid tension, but she had already started to distance herself.  The fact that she did not return Amanda’s texts on Halloween demonstrates that she wanted to spend time with her actual friends, rather than have to deal with Knox’ histrionic episodes.  Given the social nature of Halloween in a college town, this situation would not have occurred if the two had really been close prior to the murder.

“I did not wield a knife” is a blatant lie, since Knox’ DNA was found on both the handle and blade of the kitchen knife.  Eyes for Lies found it strange that Knox even mentioned the knife in light of her innocence claim, but I think it makes sense because the knife figured prominently in the appeal proceedings.

Or rather, it makes sense for someone who is focused on the legal innocence aspect mentioned above.  Knox equates being found innocent with being innocent, as we’ll see below, so it’s important for her to address the evidence (without realizing that, by doing so, she is acting in ways which are not consistent with factual innocence).

“My friend…”

Returning to “my friend,” we see the beginning of a trend which continues throughout the interview.  Knox has a tendency to refer to Meredith obliquely ““ rarely by name.

This manifests itself in several ways: by exerting ownership (“MY friend”) or by referring to her as an inanimate object (which we’ll see happening in the following paragraphs).  Considering that murder is a total, irreversible way of taking away someone’s personhood, this constant appropriation and objectification are disturbing and belie Knox’s supposed fondness for Meredith.

Next, Knox says, “I”¦.I was”¦in the month we were living together, we were becoming friends.”

Here I agree with Eyes for Lies’ argument that perhaps what Knox started saying was “I was trying to be friends with her.”  Note that she says “we were becoming friends,” not “we were friends.”  This calls into question her truthfulness when she calls Meredith “my friend.”

By Knox’ own admission, they were not quite friends yet at that point - or rather, not anymore, since the disagreements had already started; once again, Knox distorts the truth by making it seem that they were getting closer rather than as in reality growing apart.

A week before the murder occurred, we went out to a classical music concert together. Like”¦we had never fought. There is no trace of us.

The part about the concert is true (this is where Knox met Sollecito).  We don’t know why Meredith left before the concert ended: perhaps she was tired, she had to study, or didn’t particularly enjoy the music; it’s also possible that she may have felt irritated with whatever Knox was doing to attract Sollecito’s attention.

Given his inexperience and lack of confidence at the time, Sollecito would have most likely not approached Knox without an invitation, but that’s a matter for another post.

“Like “¦ we had never fought” can be interpreted in two ways.  One: we can read it as “we went out [”¦] together like we had never fought”; this implies that they did fight, which would be true, but that they were working on settling their differences.  Two: “like” could be a simple filler word, and we should read it as “we had never fought,” which would be false.  I’m not sure which way she meant it, so I’ll leave it at that.

“There is no trace…”

It seems like Knox jumps to saying “there is no trace of us,” but the video posted online was edited, and not very smoothly.  You can see the transition, so she must have said this after additional remarks or in response to a different question.  Hence, the fact that it seems random isn’t probably her fault.

It’s interesting in itself though because it’s another instance of her lying about verifiable facts (see judges’ reports and the numerous posts regarding forensic evidence).  Also, it’s an important statement in conjunction with the infamous quote about Meredith’s “broken body” because it once again equates lack of evidence with innocence, rather than directly stating innocence.





“If Guede committed…”

This is perhaps the most controversial part of the interview and also the part which ties things together (the idea of legal innocence and the objectification of Meredith).

If Rudy Guede”¦committed this crime”¦which he did”¦we know that because his DNA is there”¦on the”¦on Meredith’s body, around Meredith’s body.  His hand prints and foot prints in her blood. None of that exists for me and if I were there, I would have had traces of”¦Meredith’s broken body on me”¦and I would have left traces of myself”¦.around”¦around Meredith’s corpse”¦.and I”¦I am not there”¦and that proves my innocence.

She starts her response with something which is both incredibly revealing and absolutely shocking for someone who claims innocence - “If Rudy Guede committed this crime.”

I don’t think anyone has questioned Guede’s involvement in this murder, even if the precise extent of it remains unclear, and the two have partially built their defense around the lone wolf scenario.  Also, since Guede’s verdict was issued and confirmed years ago, Knox does not need to pussyfoot around his status for fear of slander charges. 

Knox is not talking about Guede’s involvement in general terms, however.  She’s explicitly referring to him actually committing the crime (i.e. inflicting the lethal wounds).  Her hesitation betrays the fact that she doesn’t believe he did.

Of course, she catches herself: “which he did “¦ we know that because his DNA is there.”  It’s interesting she has to point out how she knows this ““ from reading the evidence, certainly, not from being there and therefore knowing for a fact that he participated in the assault, but not in the actual murder.

“On the… Meredith’s body”

Next, we have another instance of objectification:  “”¦on the”¦on Meredith’s body, around Meredith’s body.” Perhaps she wanted to say “on the corpse” and thought it might be a bit inconsiderate, so she switches to the more neutral “body,” only to use the implied word a few sentences later.  However, what’s striking about it is that she thinks of Meredith as a body, not as a person. 

I want you to think about the time you lost a friend or a family member, regardless of circumstances.  Did you ever think of them as a body, or did you continue to think of them as they were in life, even if you had to identify them or take care of funeral arrangements? I’m not asking this rhetorically, by the way.

When my father died (rather suddenly, but due to illness), it never ever crossed my mind to think of him as a body, but perhaps circumstances alter perceptions.  I’ve also read numerous things written by Meredith’s friends and family, and they always refer to her as “Meredith” or “Mez.” To them, she never stopped being a person because they loved her, and diminishing her would have been inconceivable.

I think it’s far more likely that the word “body” will appear in a military, medical, or anthropological context, in which there is no personal connection between the observer and the dead.  We may use this word ourselves when talking about the crime scene, but it’s rather telling that we use her name far more often than someone who actually knew her in life.

I can’t know what Knox felt about Meredith, but there is no indication it was positive.  The clinical and graphic manner in which she refers to “Meredith’s body,” “broken body,” and “corpse” betrays an obstinate refusal to acknowledge her as a person.  Why, if Meredith was indeed her friend as she insists?

For one, it suggests that Knox actually saw Meredith being transformed into a “body” and that this image stuck with her.  Let’s not forget that Knox never saw Meredith after the latter was discovered; based on the statements of the other people present in the cottage, she was not near the door when it was broken open, and she was also not asked to identify Meredith.

The only way an innocent Knox could have seen Meredith after her death would have been in photographs presented in court.  There is no doubt that such photographs can be disturbing and upsetting, but I don’t think they can supplant memories of actual experiences. 

Secondly, it’s a form of denying someone’s personhood and of expressing power and domination.  A murderer can literally deprive someone of personhood ““ an act which they may feel triumphant about, especially if the person was a source of distress in life.  I can’t help feeling that Knox is gloating when she mentions Meredith’s body.

Thirdly, refusing to name the victim and to refer to her as a person is a way of preventing her from taking center stage.  While Knox has repeatedly complained about the media attention she has received, both she and her campaign have fought really hard to marginalize and displace Meredith in an attempt to replace the tragedy of the latter’s death with the supposed tragedy of Knox’ unwarranted imprisonment.

It must be disappointing when someone you’ve risked everything to eliminate continues stealing your thunder, so Knox isn’t letting us forget the actual state of things: she is there, in a TV studio, enjoying the luxury of being an “I,” while Meredith has been reduced to an “it” ““ a broken body.

The words she uses to refer to Meredith, whether graphic or macabre, suggest disgust with the physicality of death.  Perhaps Knox just wanted Meredith to go away forever and found it difficult to deal with the aftermath of a violent murder.

“None of that exists…”

Returning to the issue of legal innocence, Knox claims that Guede’s hand and foot prints were identified, while “none of that exists for me”; also, “I would have left traces of myself”¦.around”¦around Meredith’s corpse.”

These are further lies, since a size 36-38 foot print was identified, and Knox was the only one it could have belonged to.  There were also five mixed DNA spots (comingled blood from both women), which, just because they were not right next to Meredith’s body, cannot be dismissed.

The crime scene covers the entire house as far as the police and the court are concerned.  How anyone else defines the crime scene is of no consequence at all. 

“[”¦] if I were there, I would have had traces of”¦Meredith’s broken body on me,” she says next.  This is, of course, an impossible scenario since Meredith was discovered long hours after her death and it was days before police looked at her.

In the meantime, a clean up had unquestionably taken place, and Knox herself admits to having showered (perhaps not in the morning as she wrote in her email, but earlier that night).  Also, Knox was initially considered a witness, not a suspect, and her person and clothes were not immediately swabbed by the scientific police.

She’s trying to make it sound like no traces were discovered on her, but in fact no one tested for this and no one can prove it either way.

“I am not there…”

She continues: “I”¦I am not there”¦and that proves my innocence.”  By “I am not there,” she means that incriminating traces were not found at the scene, not that she wasn’t there on that night. Note the difference between “I am innocent,” which she does not say, and “[the lack of evidence] proves my innocence.”

In other words, she’s insisting on legal innocence, but doesn’t actually confirm her factual innocence.  The problem with that is since she’s lying about the factual evidence, it’s difficult to take her legal innocence claim seriously.

“Possible to win…”

At the end of the interview, she says, “I truly believe it is possible to win this and to bring”¦to bring an end to all of the speculation and the nonsensical theories and really bring peace to everyone who has suffered from this experience.”

The use of the word “win” here is peculiar, to say the least.  It’s consistent with her competitive attitude towards Meredith, for one ““ killing her and getting away with it, regardless of the sacrifices made on the way, would constitute a sort of victory, I suppose.

It also has the implication of “winning the case,” which we may expect from a lawyer or someone for whom this is a professional, rather than personal undertaking.  A wrongfully accused and imprisoned person has nothing to win in the end, considering the traumas they suffered; the most they can hope for is recognition and vindication.

She is correct, however, that it’s possible to end the speculation and theories.  However, that would require her, Sollecito, or Guede to tell the truth about what happened on that night.  In this, she has full agency ““ this is not something that can be done for her, but something which she needs to do herself.

Other than that, the “speculation and nonsensical theories” refers to the judges’ reports, in addition to lay commentary; her problem is that saying something is “nonsensical” doesn’t automatically render it so in the absence of arguments and proof (none of which she or her defense have been able to provide).

“Peace to everyone…”

“[”¦] really bring peace to everyone who has suffered from this experience” ““ this has to be one of the blindest and most self-centered things Knox has ever said about the case.

For one, it’s doubtful that a favorable verdict would even bring peace to her and Sollecito, since they will always know what they’ve done, even if they don’t have to fear imprisonment anymore.  It might or might not bring peace to their families, who have already spent a fortune on their defense and whose trust has probably been shattered forever. 

However, to imply that it would bring peace to Meredith’s family and friends is both presumptuous and contemptible.

Knox and her arrogant followers have, on numerous occasions, taken it upon themselves to speak for the Kerchers ““ how they should feel, what they should accept, etc. First pioneered by the contemptible Candace Dempsey, it is incredibly disrespectful to people who have suffered a great, irreplaceable, undeserved loss and who have done nothing wrong by pursuing justice for their loved one.

The fact that Knox and Sollecito have refused to confess for the past seven years has done nothing but prolong the suffering of Meredith’s family by denying them closure and the necessary space to mourn and heal.

Conclusions

what we have here is a number of outright lies, some distortions, and some false starts which help pinpoint what Knox believes, rather than what she says.  What we don’t have is a plea for factual innocence, but an attempt to prove legal innocence by glossing over the evidence or dismissing it altogether, and by calling into question the judges’ professionalism.  We also see no evidence of respect or compassion for Meredith, but rather an attempt to objectify and incorporate her in Knox’ own story. 

My impression is that Knox does not believe the things she says herself and is struggling to maintain a front; that despite her coaching and experience with interviews, she is getting ahead of herself instead of simply reciting her lines, which denotes anxiety and conflict.  I don’t believe she’s at peace with the murder at least, which hopefully means that at some point she might be inclined to confess.

Posted by Vivianna on 05/22 at 08:35 PM • Permalink for this post • Archived in Hoaxers: media groupsCNN NetworkComments here (40)

Thursday, May 01, 2014

Did The Bungling Guardian Check Sollecito Enabler Andrew Gumbel’s Myriad False Claims?

Posted by The TJMK Main Posters




Did Gumbel Mislead The Guardian’s Editors?

Gumbel co-wrote Sollecito’s book.

In the Guardian he has a strident piece accusing Judge Nencini of getting a couple of minor facts wrong in the prefinal draft of his excellent report..

So Knox deserves “a new trial”?  This is the same third-rate reporter who has damaged not only himself but Knox and Sollecito with myriad false claims over two years. He fails to mention to the Guardian and its readers that he has a major vested interest here.

Gumbel seems quite incapable of getting even simple plain facts about the case right.  First, note two false claims right there in the Guardian: this was a new trial, and the protracted legal process is Italy’s fault.

Actually no. This was Knox’s and Sollecito’s own first appeal.

And in the UK and US any approval of any appeal after the very decisive trial outcome of 2009 would have been extremely unlikely. The Hellmann court was in effect hijacked, and the courts all know this, and Hellmann is paying a price for it. That added several years to the process.

And in the appallingly inaccurate book Honor Bound which Gumbel co-wrote with Sollecito, he included factual errors and false criminal accusations on every page and often in every paragraph.

The Gumbel and Sollecito book was released in English on 18 September 2012 and within ten days all of Italy knew that the book was a crock.

Bruno Vespa, the persistent host of Porta a Porta, Italy’s most popular crime show (for the equivalent of which American TV cries out) forced Sollecito’s father in national prime-time to admit that at the core of the book was a huge lie.

Other claims about the case and the officials were shown to be wrong on that show too.

Huge numbers of professional book reviews and Amazon reader reviews swallowed Gumbel’s and Sollecito’s false claims in the book whole. The nastiness toward Italy and its justice system and officials was ratcheted onto a whole new plane.

Charges Expected Against Andrew Gumbel

For the legal reasons explained in this key post an investigation by the Florence Chief Prosecutor’s Office was mandated to begin.

In that same post it was warned that for the period the investigation would require, it would be taken below the radar, so that the Sollecito and Gumbel team would have no way to respond through dishonest PR or legal dirty tricks.

A not-unsurprising result of that stealth move was that in the meantime, in the last year, very full of themselves and feeling no constraint, Sollecito and Gumbel went hog-wild in adding more crazy claims.  And still more.

Now Prosecutor Gianbartolomei has issued his announcement of the conclusion of his investigation. Felony charges will be brought, though the specific focus has at present not been revealed except to the defenses.

As we reported several weeks ago, the defense had 20 days to say something, such as to request that Sollecito or Gumbel be interrogated or allowed to declare or explain something.

Then the prosecution will file charges against Sollecito and Gumbel, and possibly their foolish book promoter, Sharlene Martin, and Simon & Schuster, their sloppy and highly irresponsible publishers in New York.

Which precise false claims Prosecutor Gianbartolomei has made the target of his report we do not know. But this is a target-rich environment, that is for sure:

Examples: 20 False Claims In Seven Pages

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.

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 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.

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.


Friday, April 11, 2014

Why “Buyer Beware” Re Amanda Knox Could Be A Very Good Idea For The Innocence Project

Posted by The TJMK Main Posters




1. Innocence Project Conference

The annual national conference of Barry Sheck’s Innocence Project is to take place on Friday and Saturday in Portland, Oregon.

Dozens of American who claim they were unfairly treated by the American justice system will share their stories and give pointers for measures that paid off for them.

We tend to believe them. We have long highlighted that in terms of fairness and carefulness the American system and Italian system are poles apart.

At this conference Amanda Knox will try to get the Project’s support.

However. Knox may be the least useful convicted perp on the planet for the Innocence Project to get behind or learn anything from.

  • First, the Italian system is not remotely as she and her colleague Sollecito describe it. It is in fact a system the United States is starting to emulate. If widely adopted the Innocence Project would have a very light load and most of those at the conference would not even have had cause to be there.

  • Second, the case against Knox and Sollecito is an overwhelming one with far more and far stronger evidence points than UK and US courts normally require for conviction. The 2011 appeal was automatic; in the US and UK grounds for allowing an appeal would have been considered lacking. (The Supreme Court ordered the 2013 appeal.)

  • Third, the Knox-Mellases have run a despicable multi-million-dollar PR campaign. That has proved not only ineffectual but massively damaging to many good people, and a source of tension between two countries. The blood money Knox and Sollecito have achieved from their dishonest books and endless money-grubbing create a new world record for illegally profiting from a crime.

  • Fourth, a drooling and irresponsible academic who represents the Innocence Project in Idaho, who may be beholden to the mafias, and who criminally inserted himself into the appeal process in Italy, claims to be beating the drum for Knox at the conference.

Barry Scheck and REAL victims everywhere would really be best served by taking these wise precautions

(1) kicking the foolish grandstanding mafia tool Greg Hampikian out of the Innocence Project,

(2) learning things from the very impressive Italian system, which could help many REAL victims,

(3) deny Knox yet another forum to frame Italians, mislead Americans, and make even more illegal blood-money .

For Barry Scheck and genuine justice and REAL victims everywhere, distancing themselves from Knox would be the smart outcome.  Let her stick to autographing this in the lobby.


Friday, March 07, 2014

Obstruction Of Justice? How The Guardian Poisons Public Opinion Against The Italian Courts

Posted by The TJMK Main Posters



[Alan Rusbridger has been the overall Guardian editor throughout the whole period described]

1. How the Guardian got itself on a roll

The Guardian has a daily UK print run of around 180,000 which places it 12th among Britain’s 13 national newspapers. (Last is The Independent, which may soon fold.) The Murdoch-owned Sun has a print run more than 10 times the Guardian’s. The Daily Mail’s print run is 9 times, the Mirror’s is five times, and the Times’s is two times.

Seemingly stuck at the back, the Guardian has worked hard to get a lot of people to beat a path to its website, especially Americans, and to become addicted to it. Website readers now run neck-and-neck with its hardcopy readers. Its website comes second in readers among UK newspapers after the Daily Mail, thanks largely to those Americans, and that jumps the overall readership of the Guardian from 12th to 5th place in the United Kingdom.

In another attempt to boost circulation, the Guardian has become triumphally missionary. It is doing a lot more than the old-fashioned reporting which most other UK newspapers stick to. The Guardian assisted Julian Assange’s Wikileaks to publish a number of secret documents “borrowed” from governments, although it has since turned on him and has been attacking him and Wikileaks ever since.

The Guardian also spearheaded the media investigation into the phone-hacking by Robert Murdoch’s News Of The World which led to that newspaper’s demise and the ongoing parliamentary and police investigations into other phone hacking by other Murdoch media vehicles.

2. The Guardian’s substantial pro-Knox campaign

The Guardian’s campaign against Italian justice on behalf of Amanda Knox is another triumphalist campaign, but this one often takes it very far away from the truth, and almost certainly outside Italian law. Less obviously a campaign at first glance, but undeniably one in progress when one connects up the dots as we shall do. 

The resources the Guardian allocates to it are quite astonishing. Since 2007 the Guardian newspaper and website have been averaging several long reports, videos, opinion pieces or brief mentions every day for a grand total according to Google’s site-search application of over fifty thousand separate items.

Well over a dozen reporters have their names over stories and opinion pieces, and some have filed reports from London, Seattle and Italy that now number in the dozens and dozens.  At least three of the Knox PR shills (Nina Burleigh, Doug Preston and Andrew Gumbel) have managed to have over-the-top opinion pieces published in the Guardian,  with no explanation at all of their vested interests and family links. 

Only the volume of the Daily Mail’s coverage of the case comes anywhere near the Guardian’s - and the Daily Mail coverage shows little sign of being a consistent campaign. The Mail publishes pro-Knox and anti-Knox trivia and gossip and photos with equal enthusiasm, and attracts frequent irritation from the pro-Knox forces.

In sharp contrast to these two UK newspapers, the top American newspapers and websites have averaged at most one-fifth the number of items since 2007 and, with the possible exception of CNN, none of them seem nearly as fixated upon the Knox cause as the Guardian is.

From late 2007 to around mid-trial in 2009 the Guardian was about as even-handed and tentative in its coverage as the Times was. Then bias suddenly moved into overdrive. These headlines below are representative of the Guardian’s coverage from mid-2009 to the present day.

3. Notice the typical pro-Knox headline bias here

  • 2009 “Amanda will get out eventually” exclusive interview with mother Edda Mellas | Hattenstone

  • 2009 The friends back home intent on telling the ‘real Amanda Knox’ story | Paul Harris

  • 2009 Police beat me, Amanda Knox tells jury as she takes her turn in the witness box | Kington

  • 2009 Cold comfort in jail as Amanda Knox begins 26-year sentence | Kington

  • 2010 Unanswered questions over Amanda Knox’s conviction | Deborah Orr

  • 2011 Amanda Knox ‘crucified’ for crime she did not commit, lawyer tells court | Hooper

  • 2011 Amanda Knox begs judges to ‘do justice’ in emotional final plea | Hooper + Kington

  • 2011 Confident and optimistic, Amanda Knox waits to hear the final verdict | Kington

  • 2011 Amanda Knox was a ‘faithful woman in love’ says defence lawyer | Hooper

  • 2011 Yes, Amanda Knox is guilty. Guilty of being sexually active and female | Carole Cadwalladr

  • 2011 Amanda Knox ‘could make millions from TV and press deals’ | Lisa O’Carroll

  • 2013 My penpal Amanda Knox and me | Simon Hattenstone

  • 2013 Amanda Knox: I went to jail naive and came out an introspective woman | Esther Adley

  • 2013 Amanda Knox: what happened to me could have happened to anyone | Shiv Malik

  • 2013 Read all about Amanda Knox ““ except in neurotic Britain | Nick Cohen

  • 2014 Amanda Knox will not return to Italy to serve sentence, say parents | Lizzy Davies

  • 2014 Amanda Knox: ‘They’ll have to pull me back kicking and screaming to prison’ | Hattenstone

  • 2014 Amanda Knox: I feel stranded and trapped since new guilty verdict | Hattenstone

  • 2014 Amanda Knox vows to fight Meredith Kercher murder conviction ‘to the end’ | Hooper etc


4. Notice the typical anti-Italy headline bias here

  • 2009 Amanda Knox case is typical of Italy’s inconclusive justice | Tobias Jones

  • 2009 Call for solitary confinement of pair accused of killing Meredith Kercher | Kington

  • 2009 Cold comfort in jail as Amanda Knox begins 26-year sentence | Kington

  • 2010 Amanda Knox appeal: ‘Italians are embarrassed by this case’ | Preston

  • 2010 Unanswered questions over Amanda Knox’s conviction | Deborah Orr

  • 2011 Amanda Knox: victim of Italian code which puts saving face before justice | Preston

  • 2011 Amanda Knox is a witch? Sorry, are we living in 1486? | Joan Smith

  • 2011 Amanda Knox trial was flawed at every turn, says appeal judge | Kington

  • 2011 Amanda Knox: police under fire over botched investigation | Hooper

  • 2011 Amanda Knox’s lawyers hit back at police and prosecutors | Hooper

  • 2011 Amanda Knox ‘is lucky Italy doesn’t have death penalty’ | Hooper

  • 2011 Amanda Knox case is typical of Italy’s inconclusive justice | Tobias Jones

  • 2011 Amanda Knox: what next after 1,450 days of wrongful imprisonment? | Hooper

  • 2013 Amanda Knox’s retrial puts Italian justice in the dock | Joan Smith

  • 2013 Knife key to Amanda Knox trial had no trace of Meredith Kercher’s blood | Lizzie Davies

  • 2014 Knox and Sollecito case delivers harsh verdict on Italian justice | Andrew Gumbel


5. Meredith’s friends demand extreme bias be ended

This unprecedented objection to the Editor of the Guardian which had been signed by over 100 of Meredith’s friends was published on Tuesday 4 February.

The Guardian’s repeated casting of the Meredith Kercher murder trial as a gross miscarriage of justice for Amanda Knox and Raffaele Sollecito is disturbing (Reports, 1-4 February). Undoubtedly, the case is complex and shrouded in ambiguity and uncertainty. However, there are at least three points which are certain.

1) During the pre-trial, trial proper, and retrial, different judges and juries have, after close and prolonged examination of all the evidence, concluded there is enough evidence against the defendants to find them guilty of the murder charge against them.

2) The appeal in which the defendants were acquitted was overturned after the supreme court found it to have “multiple shortcomings, contradictions and inconsistencies” and that the “evidence against [the defendants] had been underestimated”.

3) At the same time as she was originally found guilty of murder, Amanda Knox was also found guilty of slander and subsequently sentenced to four years’ imprisonment for having accused an innocent man of the crime. Although acquitted of murder on appeal, the slander charge was upheld.

At the time of the acquittal, Ms Knox had spent four years in jail, ie she effectively served the slander sentence while on remand. Therefore, she has not in fact served any time in prison for a crime she did not commit (although the same could not be said for Mr Sollecito if the final outcome of the legal process were to find him not guilty).

Assertions such as those made by Andrew Gumbel (himself a co-author of Sollecito’s autobiography) that Knox and Sollecito have been reconvicted “without a shred of evidence to substantiate the verdict” are untrue and undermine the gravity of the case, as does a one-sided interview with Ms Knox during which the evidence against her is barely addressed.

Only those in the courtroom are in possession of the full facts; it is only they who should make pronouncements on what the outcome should or should not be. Until then, the best course of action would be to wait for the (admittedly, grindingly slow) Italian legal process to come to its conclusion.

Guardian staffer Chris Elliot (image below) offered only a whiny and dishonest response. Our next post will start with that in identifying the Guardian’s many illegalities.


Posted by The TJMK Main Posters on 03/07 at 10:39 PM • Permalink for this post • Archived in Hoaxers: media groupsUK GuardianComments here (30)

Wednesday, February 12, 2014

Admired Feminist Victoria Brownworth On Knox As Ice-Cold And Media’s Hit & Miss Performance

Posted by Peter Quennell





This is a key part (please read it all) from the great Victoria Brownworth’s Trial by Media - The Case of Amanda Knox

Is Knox guilty? Two long, complicated trials have said yes. Knox’s massive PR machine”“much like Simpson’s”“says no. That PR machine also ignores the fact that Knox falsely accused a black man of the murder and that he spent time in prison solely because of her accusation that she saw him take Kercher into the bedroom and heard her scream””while she, Knox, did nothing.

Angelina Antoinetti, Knox’s personal prison guard, told reporters after the conviction on Jan. 31 that Knox has reinvented herself for the media.

“Now she’s become this TV star, who cares passionately about what happened to her “˜friend’ Meredith Kercher, and wants the truth to come out. She’s painting herself as a warm, loving human being, but the Amanda I knew was so composed, I never saw her suffering and other prisoners and staff called her the Ice Maiden.”

Antoinetti said Knox “never, ever talked of Meredith or expressed emotion about her death. Whenever Meredith’s face came on TV she didn’t want to know and didn’t respond. She was impenetrable. Underneath the veneers she remains the same controlled woman I knew well in Capanne prison. She was so composed, I never saw her suffering.”

Antoinetti said that Knox “became attached to me. I opened her cell each morning and shut her in at night. She liked English music like the Beatles and always sang. She had guitar lessons, too.”

Knox was “unlike any other prisoner,” Antoinetti said. “I’ve never seen another girl like her, especially so young. She’s magnetic and manipulative. She had no emotions for people, only books. She never talked to other prisoners, she was only concerned about her world. Even when they freed her after the appeal, she didn’t speak to a single person she had just spent four years with, just walked out.

That’s not human, is it?”

And that is the question for many: Who is the real Amanda Knox?

As with the Simpson trial, the media has played a huge role in the Knox case. The U.K. papers labeled Knox “Foxy Knoxy” while the Italian papers played up Knox’s sexual history and the more lurid sexual elements of the case”“the assertion that the murder was a drug-fueled sex game gone wrong.

In the U.S. ABC News has been a virtual PR firm for Knox, devoting hours of time on both 20/20 and Good Morning America as well as the actual ABC Nightly News promoting Knox’s innocence. Diane Sawyer did a heavily promoted hour-long interview with Knox when she was released from prison in 2011. And when the Jan. 31 conviction came in, on her ABC Nightly News broadcast, Sawyer led with “the American girl” Amanda Knox”“even though Knox is 26. A full six minutes of broadcast time was devoted to Knox”“including video of her singing and playing guitar. When has a national news network treated a twice-convicted murderer in such a manner?

The two media portraits of Knox”“the sex-obsessed sexual manipulator she’s been portrayed as being by the European media and the pristine girl-next-door innocent-abroad the U.S. media has presented conflict, obviously. But what has been lost in the emphasis on Knox as the victim of the story is the actual murder victim, Meredith Kercher.


Saturday, January 25, 2014

How Many Extraditions Do The US And Italy Refuse? Approximately Zero, When It’s To Each Other

Posted by Peter Quennell



[Ex-fugitive Florian Homm above and below in front of his palatial Mallorca Spain home]


The State Department and FBI collaborate more closely with their Italian counterparts than with almost any others in the world.

Italy is a very loyal political ally to the US and has helped out a lot diplomatically and militarily around the world. The FBI and their Italian counterparts in Rome have officers permanently embedded from one another and there are dozens of transactions going on all the time..

Extraditions both ways take place without fuss at the rate of a few a year, which the State Department and Justice Department are not inclined to fight. A couple of weeks ago, the Supreme Court in Rome declined the final appeal of fugitive swindler Florian Homm and sent him on his way to the US.

Homm had many millions to pay top lawyers to fight his extradition case. But he still lost.

The only extradition requests from Italy the US doesnt fulfill are the CIA kidnaping in Milan and Air Force Dolomites case.

It is the CIA and Pentagon overtly or clandestinely exercising special military privileges that is the cause of the two standoffs. NOT the Department of State, which has made clear it is not too thrilled.

Contrary to broad confusion in the US (fed by biased stories from Colleen Barry of the Associated Press) the Florence appeal is not a second or third trial of Knox.

It is a FIRST appeal, actually filed by Sollecito and Knox, on the same lines as any American first appeal, after the previous Hellmann appeal was furtively bent, and then scathingly annulled.  Knox has been in provisionally guilty status since late in 2009.

So double jeopardy absolutely does not apply.

The one REAL difference between this appeal and any American appeal, which seems over Colleen Barry’s head, is that this appeal request was automatically allowed. Any American appeal judge (except Heavey, who serially gets the hard facts wrong) would have thrown the flimsy appeal grounds out.

It may take up to a year, if Amanda Knox chooses to waste more big bucks on lawyer fees -  their batting record for that is pretty dismal so far, though, and a confirmed-guilty verdict in Florence next week might be only the start of more legal strife. False claims in her book will soon see her back in court.

But it seems 100% likely that Italy will “get their man”. To a rapidly increasing number of Americans, Italy’s gain would also be the US’s gain.



Wednesday, December 18, 2013

The Rise And Fall Of “Frank Sfarzo” And How Knox-Mellas PR Eagerly Propagated His False Claims

Posted by Ergon



[Frank Sfarzo, thinking of better days past…]

My previous posts

Parts One and Two of this series on the increasingly erratic Francesco Sforza (called here Frank Sfarzo, his pseudonym) are here and here.

Summary of conclusions of investigation

1) The Knox/Mellas PR campaign, the Friends Of Amanda, and the activities of online commenters like Bruce Fischer and Frank Sfarzo are one and the same, coordinated to subvert the course of justice in the trial of Amanda Knox.

There is evidence of coordination of stories planted in various media, manipulation of Wikipedia, moneys paid to Frank Sfarzo; they post on his forums, he posts on theirs, and attempts to profit from the murder of Meredith Kercher.

2) The mercenary trickster Frank, who has other agendas and is flexible on the idea of guilt or innocence of the accused, inflames her gullible supporters with stories of ‘rotten’ Italian justice, and, by demonizing the prosecutor Giuliano Mignini, makes them unlikely to ever reasonably look at the concrete evidence of guilt presented in court and confirmed in several trials so far. 

3) A series of lies sourced by him and the campaign then makes it into Amanda Knox and Raffaele Sollecito’s books, and from there into the media, which, thinking they have been confirmed by various sources, repeat them endlessly in an attempt to sway public opinion, without doing any fact checking of their own.



(Douglas Preston and Mario Spezi, co-authors, The Monster Of Florence, first set attack on legal system in process.]

Introduction to Part Three

As someone who has long been fascinated by politics and the use of PR in political campaigns, it was interesting to see similar tactics used by the campaign that sprung up around the group known as the Friends Of Amanda Knox, or, FOA.

The group, formed to battle inflammatory descriptions of Knox and counter the negative media reports about “˜Foxy Knoxy’ ” was soon indulging in pretty inflammatory rhetoric themselves, mostly through the internet.

Many trial watchers, who were used to the normal progression of murder cases, were shocked to see the virulent online campaign become the story, and translate into a wholesale attack on a foreign country’s judicial system, and an attack on one prosecutor, Dr Giuliano Mignini, and the police force of the city in which the murder took place, Perugia, Italy.

These attacks soon got picked up and repeated by a hostile media, often without the simplest fact checking, but more to do with feeding the public with an endless titillation effect of sex and violence.

Analyzing this wall of noise became an interesting pursuit for many of us. Was there truth to the allegation that these were two “˜innocent kids’ railroaded by a rogue prosecutor with an obsession with Satanism and sex, and was there widespread public support for them, or, just the semblance of it?



[Edda and Chris Mellas. Only picture of them at an FOA event, which Frank Sfarzo claims “they have no connection with”.]


And how and when did Frank Sfarzo become such a big part of the picture? Make no mistake, he was central to the PR effort, as “the only Italian reporter to attend every trial date for the two accused” and apparently a victim of “a prosecutor with an enemies list” who sent police goons to kill him (Frank Sfarzo) which only served as back story for quasi-journalists, to play out their own prejudices and excuse two people already convicted of murder.

This series of articles on the activities of Frank Sfarzo and the FOA was based on the simple philosophical equation: if some should set themselves up as watchers and experts of a murder trial conducted in a foreign language, in a country thousands of miles away, and create reams of “˜expert’ opinion that never was to be tested in court, well, who would watch the watchers?

And how important was Frank Sfarzo, as the only Italian in the mix, to give them credibility by simple parroting and agreeing with their conclusions? Who was Frank Sfarzo, anyway? (For that, see parts One and Two)

Who are the “Friends Of Amanda”?

And how did they come across Frank Sfarzo?

The FOA was originally a “group of parents whose children went to Seattle Prep School with Amanda Knox” included Tom Wright, a filmmaker, Jim Lovering, a marketing specialist, David Marriott, of the PR firm, Gogerty Marriott, and King County Superior Court Judge Michael Heavey, with attorney and CNN legal specialist Anne Bremner as their spokesman.

Seattle Resident and New York Times columnist Tim Egan fired off a series of xenophobic posts, which portrayed the 1st instance trial as an exercise in anti-Americanism. A sentiment regrettably echoed by Washington Senator Maria Cantwell.



[Many well known FOA members are seen here with Frank Sfarzo]


Here is Frank Sfarzo, fully converted to Amandaism by January 19, 2009, and on board on his blog Perugia-Shock: “Friends for Amanda…. A different kind of marines”

Hate and contempt, people judging, people lynching, profiteers, and jackals. But there are as well a few nice stories around the Meredith Kercher case.

There’s Meredith’s family who have not had a word of hate for who ever stolen their daughter’s life. There’s a guy like Rudy—guilty of having killed Meredith or of just not having called the 118? never mind—who lives today in repentance, and had thoughts of sorrow for the angel that we lost.

There are Rudy’s lawyers, Walter Biscotti and Nicodemo Gentile, able to fight with all their strength and not exactly for a fortune. There’s Rudy’s elementary teacher and her son who run to the court to testify for this unlucky guy.

There are people who go work into the jails, keeping inmates busy with any sort of activities. There are Amanda’s guards, first rough but who treat her now like a queen.



[Professor Chris Halkides, “the DNA Guy” who writes many misleading pieces on DNA evidence, with Amanda Knox and her friend Madison Paxton]


Frank Sfarzo, continuing:

There were already people in Seattle helping Amanda’s family. Now we have Anne Bremner and Amanda’s friends. They didn’t stay there just watching and complaining. They chosen to show to the world that the girl they know, the gentle and creative young woman who loves music, the outdoors and children can’t be a killer and today friendsofamanda.org, the website they built for the purpose, is ready.

“Amanda should never have been arrested,” said Anne Bremner, a Seattle attorney and TV legal analyst:

“She’s on trial because Italian officials made a series of serious investigative mistakes and didn’t realize it until they had already leveled false charges. They got themselves in so deep that they refuse to get out.

Private criminal investigator Paul Ciolino used stronger words in a CBS 48 Hours interview last year: “It’s a railroad job from hell.”

The Friends of Amanda is not associated in any way with Knox’s family or her legal defense team. It includes members from the U.S. legal and judicial systems, an internationally renowned criminal investigator, a best-selling author, and other professionals and friends who believe unequivocally in Knox’s innocence.

“Many of us are parents who would be grateful for the support of a similar group if our own child was locked up 6,000 miles away in a stranger-than-fiction nightmare,” Bremner said. “Our mission is to present the international public and the Italian justice system with the solid facts and evidence that irrefutably prove Amanda’s innocence, and bring her home.”

“The killer is serving his time,” said Bremner. “He acted alone. Neither Amanda nor Raffaele was at the scene at the time. Zero evidence connects them to this homicide. We are absolutely certain that neither of them had anything to do with Kercher’s tragic death.”

“Italian authorities and the international media have presented a lurid and utterly false image of Amanda, accompanied by fantastical references to sex games and occult rituals,” Bremner added. “Everyone who knows Amanda says these stories are beyond ludicrous.”

Not really “the marines” Amanda’s lawyer was joking about but a nice story of friendship and solidarity. “America as I like it.”



[There’s a picture of Meredith to the back here, along with her accused killers’. FOA and Knox revel in phony ‘tributes’ and ‘honor’ to Meredith, knowing it will pain the Kerchers]


Of course, as we now know, Sfarzo already had been receiving moneys from OGGI, from American networks, and, very likely, the Sollecito family.

I do not agree that he changed his mind about guilt at some point along the way.

It is my opinion, that, having known Mario Spezi from his time in Florence, he returned to Perugia to find ways to attack PM Mignini, and his primary goal was to attack his credibility and affect his Monster Of Perugia investigation through a full bore attack on his handling of the Meredith Kercher Murder case.

My opinion, as I say, but there simply is too much evidence of collusion with Mario Spezi and Douglas Preston, and financial inducements via Bruce Fischer’s gullible membership, as reported earlier.

The rest of his story, and the main point made, that the FOA had no connection with Amanda Knox’s family, (or Frank to the FOA) we know to be an outright lie, as FOA>Chris Mellas>Bruce Fischer. Note Sfarzo’s nearly two month stay with the Mellases.

Judge Heavey and others making regular donations amounting to tens of thousands of dollars to Frank Sfarzo and his never ending demands to them for more.



[Bruce Fischer, center, long chained to Sfarzo, now the toothless ‘attack dog’ of the FOA campaign]


The stories sourced from Frank about “˜Mignini’s Goons’ found its way into the CPJ, Committee to Protect Journalists, who never retracted their claim after finding out that Sfarzo lied to them, that he had assaulted police who were called by his sister when he attacked them for trying to take her away from his clutches. Maybe this had something to do with it: 

CPJ 2009 Donors

Douglas & Christine Preston

Julia Preston

Even his stories about not receiving any commissions from newspapers turned out to be a lie, he directed the RCS Group to send royalties for all the previous photos and stories to Seattle, and his pleas to send donations to another PayPal account (controlled by his aunt) were not because PayPal was creating problems for him, but because he was trying to avoid taxes. (I saw copies of his e-mails, and he was traveling with copies of his aunt’s ID).



[Frank with Judge Michael Heavey, shortly after his arrival in Seattle.]

Judge Michael Heavey

He is an interesting subject in himself, as one of the most fervid FOA.. Not having been very successful in his political ambitions, and admonished by the Judicial Ethics Council for his advocacy for Amanda Knox, he seemed to have some sort of emotional connection to the case, and maybe, like Bruce Fischer, wanted a springboard for his next venture, which now, grandly, is called Judges 4 Justice.

Here is our full investigation of him along with a video and transcript of his pro-Knox presentation repeated at numerous Rotary Club venues. He even took Frank Sfarzo and Dr. David Anderson to one in Yakima, WA on July 25, 2012.

At one of them (transcript) he repeats the claims of “˜corrupt and dishonest police’, “˜they planted evidence’, “˜kangaroo court’, “˜14 hour all night long interrogation’ canards. He also says elsewhere: “I used to think he (Mignini) was evil incarnate” and, shockingly, says:

The criminals are those who perpetuated a false accusation against two good young people. These police and prosecutors lied, cheated, and stole the innocence of two good young people. They are the criminals.

Why did the Supreme Court of Italy send this case back? Here is the answer

. In an effort to save face, the Italian Supreme Court joined the prosecution and the police of Perugia, and perpetuated these false accusations. The Italian Supreme Court has become criminals themselves. They continue the abuse of two good young people.

My prediction, this goes back for a third trial, there won’t be too much fanfare, and the verdict will be not guilty, insufficient evidence to prove beyond a reasonable doubt. The Supreme Court, the Court of Cassation, does this to save face, but in reality, in my opinion, they have disgraced themselves as jurists, they continue to disgrace their country. Is this justice? I think not.

Is Judge Heavey unhinged? You can decide here..



[Frank, the loony Dr. David Anderson, and Judge Heavey at the Yakima Rotary. Anderson still attacks the victim’s family]

Bruce Fischer

Now we all have Bruce Fischer’s M.O. of intimidation and bullying behavior down pat. He is not simply an advocate for Amanda Knox, he is Chris Mellas’s surrogate in the online wars.

His enemies list, his attempts to “out” any anonymous individual who got in his way of building an Innocence-Anywhere-for-hire advocacy group. He promised to apply for charitable status, but became for profit.

His ballistic threats to expose the leakers who came forward on Frank Sfarzo’s behavior showed how important Frank Sfarzo was to their cause, there was no level he would not sink to, this has all been reported previously, in Parts I and II. The relevance, also, of the SfarzoGate Papers is that it sank Bruce Fischer.

But it was in his using of a very few volunteers to create the impression of widespread support that he undid himself. He even patently allowed the use of PR puppet accounts to out people, and to attack PM Giuliano Mignini.

And it was in his use of sock puppets to write articles for Wikipedia, and control the Meredith Kercher, Giuliano Mignini, and Candace Dempsey entries, that he exposed himself, and even, inadvertently, showed collusion with FBI agent Steve Moore.

Here is our investigation, in part on his methods.

But where Bruce really out-did himself was where FOA friends wrote numerous articles on the poorly editorially controlled (plus active collusion with the editors) Ground Report to write numerous libels about their favorite target, Dr Giuliano Mignini. (I also once got the “˜special treatment’. No biggie, I knew when I got involved this would happen, and this cause is worth it.)

Here is one comment written by an anonymous commenter “JLS1950” to another, “Heisenberg”:

JLS1950 > Heisenberg −

Sounds to me like Mignini seeks to protect the real traffickers from “competition”. I wonder if that might help shed some light on his connections to Guede…”

And who do you think was the source for this? Frank Sfarzo.

Note: “JLS 1950” is Joe Starr, a Seattle resident who was identified as being Chris Mellas’s best friend, and whose syntax, repeated libels and foul language for the last six years in various forums marks him as being one single awful person, regardless of how many ID’s he appropriates.



[Joel Simon of the now discredited CPJ, which did not fact check Frank’s allegations, then refused to retract after it turned out he lied.]

Example of major false Sfarzo allegation

this is Frank Sfarzo on Perugia Shock:

“MIGNINI WAS THERE AND THE INTERROGATION WAS VIDEO RECORDED” January 31, 2012

“I gave the order, to bring them both in together” ““Giobbi revealed at the trial. “So, as soon as the room was ready, with the camera set up and everything, she was called in”

“I was in a room together with the prosecutor Mignini” ““Giobbi adds”“ “We were watching the interrogation, so to study her reactions”.

“So, Giobbi reveals that Mignini was present! He is responsible, then, for everything that happened that night.”

But in the court transcript Dr Giobbi says nothing of the kind. The only other observer was Dr Profazio, the head of the Flying Squad. Dr Mignini was at home in bed.

And in his testimony there was zero mention of any camera. There was no recording. They were merely puzzling over Sollecito’s and Knox’s behavior.

So here’s a legal quiz.

After an investigation into a certain Perugian Blogger’s Blog is concluded, and someone wades through three years of slanderous shite, they find posts that accuse an officer of the court of consorting with drug traffickers, and protecting them, and lying about whether Amanda Knox’s interrogation was recorded, amongst many other false allegations.

In short, if he accuses said officer of the court of committing crimes.

Is that worthy of being sued for defamation, or is it not?

Steve Moore

Shortly after ex-FBI agent became convinced by his wife to look at the case in 2010, he started running illegal background checks on prominent commenters for guilt, as he admitted on his blog. His presentations on the case were uniformly, laughably, unprofessional.

There are more than a dozen posts on TJMK debunking him.

Chris and Edda Mellas

Not only do they organize and coordinate the FOA and Bruce Fischer wings of the Amandic Party, they have made it very clear that they approve and support their activities 100%.

And then they threw a party for the troops, but hid when the infamous group photo was taken, to hide their involvement. Luckily (see image of them above) we do have a picture of them there.

I blame them for their lack of respect and thinly disguised hostility towards the Kercher family, and for allowing their surrogates to attack the Kerchers as being motivated by “greed” when it was the Massei court that awarded the damages! The people who made such comments on their behalf were at that party, and they know that! The Kerchers, with their grace and perseverance, are the polar opposites of the classless Mellases.



(David Marriott, of the Marriott PR firm, who quickly lost control of the campaign as the FOA got into attack mode.)

Frank Sfarzo, again

This is before he realized it might be better to keep his mouth shut and disappear for a while:

“Damn, I’ve heard that pmfrs are slandering me seriously through one of their members, a certain “Tamale”, a certain “Ergon and various other anonimous (sic, I am not anonymous) slanderers (people so ashamed of themselves that they don’t even have the courage of appearing with their own name and face).  Good for my lawsuit. Hey, I didn’t know I was in jail”¦ Thank you “Michael”, hope you got valuable properties”¦”

No, I’m not “˜anonimous’. My photo and name’s been published on IIP since 2011, and when Sfarzo ran in to me at Cassazione in Rome on the afternoon of March 25, he couldn’t even make eye contact. He spent the whole day texting away (maybe he took a picture of me with his Blackberry? 😊. Then the last I saw of him was on the Porto Umberto I bridge that night at 10:00 PM, driving away in his little Smart Car, hunched down and still texting at the stop light.

On December 16, the lawyers for the Kercher family presented their arguments, in the Appeals court of Florence. They were there, as they had been since the beginning of the trial in Perugia, to speak for the real victim, Meredith Kercher, above all.

Then on December 17, the lawyers for Amanda Knox presented their case, which amounted to more than a rehash of false arguments. It was livened only by an e-mail from Knox, to which as the judge said, if she wants to defend herself, she can present herself in court.

Raffaele Sollecito’s lawyers will present their arguments January 09, and then the prosecution rebuttal January 10. From now on, nothing the few remaining FOA does will make any difference to the verdict, due January 15 approx.

The end

Who knew when I first commented on the case in 2010 where it would lead me? Yes, the case brought together all sorts of people, but in the end, it was the nastiest PR campaign I have ever observed. Amanda Knox, Chris Mellas, Frank Sfarzo, Douglas Preston, Michael Heavey, Bruce Fischer and Steve Moore all seemed to revel in this dirty fight.

One day, they may look back and ask “Was it worth it? Did it help the cases at all? The Monster Of Florence, Knox/Sollecito, against Mignini?” But somehow, I feel they are, and always will be, singularly unaware.



(Outside Cassazione, Aula No. 1, Rome, waiting for the court to return. 8:30 PM, Mar. 25, 2013. This is when the wheels fell off the PR bus.)

Acknowledgement

Much of the background is based on research on the principals conducted and reported in the pages of the PMF dot net forum,, the PMF dot org forum,, and TJMK here..

I want to mention Nell and guermantes, Kermit and James Raper, The Machine, jools, Mr. and Mrs. Fly By Night, Yummi, Peter Quennell, and brmull (who sadly is no longer commenting on the case), and many more. The rest, too many to list here, but gratefully acknowledged.

And also I was fortunate to be entrusted with information from many confidential sources about Frank Sfarzo, and to obtain more when I went to Rome to attend the hearing at Cassazione March 25-26, when the Italian Supreme Court accepted the appeal of the Umbrian prosecutor general Dr. Galati and annulled the acquittal of Amanda Knox and Raffaele Sollecito.

This was a collaborative effort, and my thanks to all of you.


Wednesday, November 27, 2013

Amanda Knox Lies Again To Get Herself Into Another European Court “But Really, Judge, Its Only PR”

Posted by Kermit



[Amanda Knox’s lawyer Luciano Ghirga (right): “Amanda wasn’t hit, we made no complaint”]

Introduction

This is the first of two posts on Knox’s claim to have sent an appeal to the Strasbourg-based European Court of Human Rights (ECHR).

Last Monday the main event that followers of the Meredith Kercher murder case were awaiting was the closing argument by Prosecutor Alessandro Crini in Amanda Knox’s and Raffaele Sollecito’s appeal trial.

Dr Crini’s structuring of the prosecution’s case in 16 points demolished the defendants’ efforts to present the volume of evidence against them as an incredible, long series of mistakes, coincidences and misunderstandings.

It seems, however, that Amanda Knox and her people didn’t want the public to be too fascinated by Dr Crini’s devastating argument.  They really wanted them to be distracted by what can only be seen as an ill-judged public relations move, breaking yet more laws along the way.

Knox attempted to blow smoke over the prosecution’s arguments by grandly announcing “today, my lawyers filed an appeal of my slander[sic] conviction with the European Court of Human Rights.”  That explanation of her PR ploy calls for a close review of her eligibility (here) and her so-called proof (next post).

Knox’s eligibility or otherwise

The European Court of Human Rights, is a supranational European tribunal dedicated to ““ as its name suggests - human rights.

It is not dedicated to criminal or civil proceedings on murder, sexual assault, theft, simulation of a crime, or any of the other charges that Knox faces.

In fact, to avoid the many unnecessary or spurious applications which hamper real cases getting attended to, the ECHR provides a number of online resources on who may apply and how and why.

One of the first issues that its advice underlines is that it is not a glorified appeals court:





It is strange then, that Amanda Knox claims that her lawyers have “appealed” her case to the ECHR.

Either Knox’s legal advisors are just ignorant (which ones? The Italian professionals, or the American media hacks?) or this is simply a last-ditch Hail Mary action as an extradition request moves inexorably closer.

If the ECHR makes clear that it isn’t a court of appeal, there shouldn’t be any direct correlation between the Supreme Court confirming her as a convicted criminal and her application to the ECHR.

If that is in fact the basis of their application, it will not go far before rejection. In fact, the vast majority (more than 95%) of applications get rejected:

“For a number of years now, and owing to a variety of factors, the Court has been submerged by individual applications (over 130,000 were pending as at 31 August 2010). The overwhelming majority of these applications (more than 95%) are, however, rejected without being examined on the merits for failure to satisfy one of the admissibility criteria laid down by the Convention.

This situation is frustrating on two counts.

Firstly, as the Court is required to respond to each application, it is prevented from dealing within reasonable time-limits with those cases which warrant examination on the merits, without the public deriving any real benefit.

Secondly, tens of thousands of applicants inevitably have their claims rejected, often after years of waiting.”

It would be a outrageous if other, real human rights cases were delayed due to a Public Relations ruse as part of an extra-judicial strategy to undermine a request for Knox’s extradition.

Other ECHR on-line resources help potential applicants decide if they be eligible to be heard at the Court.

Below, a work-flow chart presents the main steps, including various “Admissibility Criteria”:



[Click for larger version]

A first admissibility criterion

The first Admissibility criterion is that an applicant has exhausted “domestic remedies” in pursuing the recognition and correction of the human rights he or she feels have been abused.

Knox in her application to the ECHR directly relates the Italian Supreme Court final confirmation of her “calunnia” sentence (three years for obstruction of justice for framing her kindly boss Patrick Lumumba as the murderer of Meredith Kercher, thereby throwing off the course of the investigation) to her application to the ECHR.

But what were the supposed human rights abuses suffered? What did she do to remedy them?

The first requirement of exhausting “domestic remedies” means that the rights abuses that Knox alleges she has suffered have been pursued in Italy, and that all possible instances of reclamation in Italy have been visited.

However, as far as the public knows, Knox has not even placed a formal complaint concerning supposed civil rights abuse. Certainly her own Italian lawyers have said they havent.

The US and Italian publics would be interested in seeing her specific claims to the ECHR and whether there is any registration of such claims or complaints with the Italian police or other administrative or NGO offices.

Knox’s needling stepfather, Chris Mellas, stated in April 2008 on a precursor to the PMF discussion forum that a complaint had been filed concerning Amanda being hit during questioning.



[Click for larger version]


However, nothing more has ever been heard of this complaint, which definitely would have been a starting point for pursuing domestic Italian remedies to the claimed rights abuse.

Since it appears zero rights abuses have been pursued in Italy, and the date of Knox’s application to the ECHR is in effect unrelated to her “calunnia” sentence confirmed by the Supreme Court, the six month limit beyond national remedies related to the rights abuse for applying to the ECHR is irrelevant here.

It should be noted that when Prosecutor Crini asked this week for an addition to Knox’s confirmed sentence for “calunnia”, adding another year to the three years already served by the convicted criminal, this is not a reopening of the “calunnia” case or an example of “double jeopardy”, but rather the reassessment on appeal of a separate, pending issue related to the basic calunnia charge: whether it should include an additional year of sentence for being aggravated.

Since this aggravation addition to the charge is awaiting determination, and follows from instructions of the Italian Supreme Court (and could result in an additional year in prison), it is not part of the prior, confirmed sentence.

A second admissibility criterion

Now just in case Knox or her lawyers would like to allege any perceived human rights abuse whatsoever in their ECHR application, the Strasbourg court insists on the reclamation in question being directly related to one of the sections of the European Convention on Human Rights

I’ve gone through it and I see chapters related to illegal detention (detention permitted only following arrest) and torture, but nothing related to getting cuffed on the back of your head.

If such an event ever occurred, it shouldn’t have, but quite likely one of the other authorities or rights bodies listed by the ECHR may be better equipped to deal with it.

This is a second Admissibility Criterion that filters out many applications: one can’t simply run to the ECHR saying “my rights have been abused” ““ the issue at hand must be directly related to the European Convention on Human Rights.

I seriously doubt the “hitting” event ever occurred because Knox’s own Italian lawyer Luciano Ghirga denied it, stating to the Press on 21 October 2008:

Amanda wasn’t hit. There were pressures fom the police, sure, but we never said she was hit.

As our next post here on this same subject will show, even Knox herself admitted she was treated well. 



[Above: Amanda Knox’s Italian courtroom lawyer stating to the Press in 2008 that she had not been hit.]


If Knox hasn’t even tried to remedy being allegedly hit in Italy by suing or making formal complaints, nevertheless the Italian police certainly have acted upon such suggestions.

A number of legal processes are under way against Knox and her family members for slander and calunnia. Knox might face two more charges of aggravated calunnia. Why do I doubt that Knox has even mentioned those other legal processes in her application to the ECHR?

Those charges would of course have to be taken care of (as part of “exhausting domestic remedies”) before the ECHR would be able to consider her application, assuming it surmounted all of its other shortcomings to get to the ECHR judges’ hands.

A third admissibility criterion

Another Admissibility Criteria is the “Significant Disadvantage” filter. If an alleged rights abuse is minimal ““ compared to the very serious issues that the ECHR was created to consider ““ the application will go no further.

The only violent description of Knox’s alleged beating was given by her stepfather, Chris Mellas: “She was interrogated, and hit, and threatened,” he typed. “Tortured.  Physically and mentally”.

However, there was never any medical or forensic notification of such “torture” before or after her incarceration in Capanne Prison.

Rather, Knox spent her time in prison receiving regular visits from a lovelorn Italian politician who befriended her, and participating in prison musical and theatrical activities.



[Click for larger version]


In underlying the “significant disadvantage” requirement, the ECHR states in its examples of rejected claims, that it can’t be distracted by the French driver who lost a point on his driver’s licence, or the Romanian who claims 90 euros from the State, when the Court has real and serious Human Rights cases to deal with such as:

  • El-Masri v. the former Yugoslav Republic of Macedonia (Article 3 of European Convention on Human Rights:  Torture and inhuman and degrading treatment during and following applicant’s extraordinary rendition to CIA)

  • Hirsii Jamaa and others v. Italy (Article 4 of Protocol No. 4: Return of migrants intercepted on the high seas to country of departure)

It’s almost certain that Knox has not pursued on an Italian level any remedies to her alleged human rights abuse (whatever it was), nor is there any evidence that the investigation into Meredith Kercher’s murder and the subsequent trials of Knox, Rudy Guede and Raffaele Sollecito were affected in their outcome by the rights abuse.

This is especially the case if the limit of Knox’s human rights suffering is that described by a talky ex-FBI helicopter pilot turned ex-college security guy turned Amanda Knox groupie, Steve Moore.

Moore describes the “frightful” circumstances of Knox’s witness questioning on the night of 5 November 2007 for the couple of hours (perhaps even somewhat less) that it lasted:

No food, no coffee, no bathroom breaks ““ nothing.





Above is ex-college security man Steve Moore, right, together with PR flunkie Bruce Fischer, left, both flanking “Frank Sfarzo”, a Knox-Mellas family friend.

Francesco Sforza is currently a fugitive from the Seattle courts on two counts of Assault-Domestic Violence, who continues to support Amanda in ongoing Internet blog posts, from wherever he may be.

See below. Click for larger. In purple, my corrections to Knox’s “what-I-want-the-World-to-believe” post about applying to the ECHR.



[Click for larger version]

In conclusion

Between the manifest doubtfulness of the acceptability of Knox’s application to the European Court of Human Rights, on one hand, and the falsehoods and half-truths in her announcement, on the other, why do I get the feeling that the only reason and hope she and her team have in announcing the application (whether really filed or not) is to distract the attention of the followers of her appeal trial from the prosecution’s weighty arguments?

This will have little if any effect on the wheels of Italian Justice, and probably even less on a State Department more concerned with maintaining good relations with European allies while diplomatic challenges occur in the Middle East and Asia, than with a lobby plan to prevent Knox’s extradition.


[Below: The European Court of Human Rights in Strasbourg France]


Monday, November 25, 2013

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

Posted by The TJMK Main Posters




Overview

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

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

Real-Time Reporting, Bottom-Up

5. Good reporting on the court today

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

5. Warning about AP’s Colleen Barry

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

4. Final post from the court today

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

3. Tweets from main poster Yummi

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Tweets by Andrea Vogt

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

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

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

1. Prosecution Begins

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

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

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


Tuesday, November 12, 2013

Differences Between Micheli, Massei, Hellmann and Nencini Courts Pointing To Almost Certain Outcome

Posted by Peter Quennell





What are the biggest differences? In fact the Supreme Court already pointed them out: science, scope, and balance.

Judge Micheli, Judge Massei and Judge Nencini all have a very extensive criminal-case background. All three have handled many cases of murder, many cases against the mafia, and many cases involving criminal science. All three have remarkable success records and have hardly ever been overturned on appeal. 

Judge Hellmann and his court are the extreme outliers. Until forced into early retirement by the Council of Magistrates, he had been a (quite good) business judge. His one major criminal case, years ago, had led to a farcical outcome, and he was ridiculed for this at the time.

Cassation made it very clear that he simply did not reflect a knowledge of the precise Italian law on scope and balance at the appeal level, and that he mishandled the science. In fact, as he actually said, the reason he appointed two independent DNA consultants was that he was at sea on the science.

That left Judge Hellmann’s panel of judges like a rudderless ship, bereft of the kind of good guidance from the lead judge on science, scope, and balance that comes only from many years of experience.

Which, given a level playing field, the pathbreaking Italian system enforces competently like almost no other.

Above all as the Hellmann Report makes extraordinarily plain, his court came to be swayed by the CSI Effect, with the help of two tainted consultants and probably the irresponsible Greg Hampikian in Idaho.

The CSI Effect is a phenomenon very, very unlikely to happen in Judge Nencini’s court.  First, take a look at this good explanation of what the CSI Effect is in the Fox Kansas City video.



Many crime shows such as the BBC mysteries and the Law & Order series and spinoffs show investigators solving their crimes in the old-fashioned way. Lots of witness interviews and alibi and database checking, and walking around and loose ends and lying awake at night puzzling. And often there’s a big stroke of luck. 

But if you watch the very popular CSI Las Vegas series and its spinoffs in Miami and New York, and the various clones on other networks, you will see something very different indeed.

When those shows first began airing worldwide in the late nineties, the producers explained that audiences increasingly appreciate learning something new when watching a show, and it is true, one sure can load up on the trivia.

But you will also see the US equivalent of Dr Stefanoni and her forensic team in those shows, roaming far beyond the narrow crime scene, interrogating witnesses and checking alibis and finding a lot of non-forensic evidence, and even at times drawing guns.

Most unreal is that, time and again, the forensic evidence testing is clearcut and takes just a few minutes and instantly clinches the case.

  • There are several articles like this one and this one on whether the Casey Anthony jury was affected by a shortfall in the starkness of the forensics when the behavioral evidence seemed so strong.
  • There are several articles like this one and this one on whether the appeal verdict outcome in Perugia might be affected in the same way.
  • There are many articles like this one and this one and this one and especially this one saying there is a tough added burden on investigators and juries without a commensurate improved outcome.

With conviction rates declining in the US and Europe, professionals are taking a scientific look at whether the CSI Effect is one big cause of that decline.

At the macro level in the US this writer doubted that the CSI Effect is fatally unbalancing takes on the wider evidence. The same conclusion was reached in this first major study at the micro level.

But the belief in the CSI Effect continues. Articles like this one on an Australian site talk of a backlash against too many acquittals. Some articles like this one argue that maybe lay juries are out of their depths.

And judges and prosecutions are taking countermeasures.

In Ohio and many other states prosecutors and judges are acting against a possible CSI Effect in their selection and briefing of juries. And an NPR report came up with these findings.

Some states now allow lawyers to strike potential jurors based on their TV habits. Judges are issuing instructions that warn juries about expecting too much scientific evidence based on what they see on TV.

In the field, Shelton says death investigators sometimes run useless tests, just to show they went the extra CSI mile.

“They will perform scientific tests and present evidence of that to the jury. Even if the results don’t show guilt or innocence either way, just to show the jury that they did it.”

This is coming at a time when death investigators in America have no resources to spare. An investigation by NPR, PBS Frontline and ProPublica shows some states have already opted not to do autopsies on suicides, others don’t autopsy people who die in traffic accidents, and many don’t autopsy people who die over the age of 60.

But Murphy, the Clark County coroner, expects things to get worse.

“You know, we’re in budget cuts right now. Everybody’s in budget cuts. Las Vegas is no different than anybody else. We’re hurting. We’re going to feel that same crunch as everybody else,” he says.

One of Zuiker’s great disappointments is that, for all its popularity, his fictional Las Vegas crime lab didn’t generate more political support to fund death investigation.

“I’ve done my job. You know, we’ve launched three shows that cater to 73.8 million people a week and is a global phenomenon and the largest television franchise in history. We hoped that the show would raise awareness and get more funding into crime labs so people felt safe in their communities. And we’re still hoping that the government will catch up.”

None of the science in Meredith’s case has ever been discredited in court. Even in Judge Hellmann’s court the agenda-driven independent consultants Conti and Vecchiotti failed - and under cross-examination admitted it.

Also remember that the Hellmann court did not get to see two very key closed-court scientific presentations (the stark recreation of the attack on Meredith, in a day of testimony, and later in a 15 minute video) which had a very big balancing effect on the Massei court. 

Right now the reputation of not one defense-campaign stooge who has attacked the science remains intact.

Greg Hampikian has headed for cover. He had widely proclaimed that he clinched the Hellmann court’s outcome, in an act which may well have been illegal. Unsurprisingly, he is now trying very hard to hide his own claimed “proof ” of shortfalls in the science, as Andrea Vogt has been showing in her Boise State University investigation, and as we will soon post more on. 

Saul Kassin is another defense-campaign stooge who falsely claimed that he clinched the Hellmann court outcome by “proving” a false confession by Knox - in an interrogation that never even took place.

Despite all of this, maybe as straw-snatching, we can again see an organized attempt to confuse American opinion on the science of the case.

Whether she did this intentionally or not, that is what the PR tool Colleen Barry of the Associated Press was doing when she omitted that the trace of Meredith on the knife is undisputed hard evidence.

Judge Micheli and Judge Massei handled the science, scope, and balance with some brilliance. In all three dimensions Judge Hellmann fell short abysmally.

What is your own bet on the outcome under the exceptionally experienced Judge Nencini?





Parts of this post were first posted in 2011 after the disputed and much examined outcome of the Casey Anthony murder trial..


Thursday, November 07, 2013

Another Highly Misleading Associated Press Report By Colleen Barry Appears on 700 Media Websites

Posted by The TJMK Main Posters



{Above: the AP headline. At bottom: the AP reporter, Colleen Barry; will she correct the report]


Read here what Colleen Barry of the Associated Press (image below) falsely claims.

How exactly does a second proven DNA trace of Amanda Knox on the knife prove that Meredith’s proven DNA on the knife wasn’t there?  The correct facts on the three DNA samples were posted here.

Nothing - nothing - that was said yesterday in court affected that. Two samples of Knox and one sample of Meredith on the knife are confirmed. All three are there.

In fact, Judge Nencini leaned hard on the bumbling Amanda Knox lawyer Dalla Vedova to make him stop. Dalla Vedova was repeatedly trying to trap the Carabinieri experts Dr Barni and Dr Berti into saying that Dr Stefanoni did something wrong in her test of Meredith’s DNA.  Judge Nencini had not even instructed the Carabinieri labs to look into that.

Dalla Vedova and Colleen Barry of the AP have apparently forgotten that defense observers were there at the Scientific Police labs test and testified that they saw Dr Stefanoni do nothing wrong. Dr. Renato Biondo, Professor Giuesppe Novelli, Professor Francesca Torricelli, Luciano Garofano, Elizabeth Johnson and Greg Hampikian all confirmed that Meredith’s DNA was indeed found on the blade of the knife..

Judge Nencini clearly believes that firm evidence of Meredith’s DNA is there in front of his court, and that Dr Stefanoni and Judge Massei got it right. Meredith’s DNA really was proven to be on the knife. He would not allow a clumsy red-herring argument from Dalla Vedova which lacked the slightest bit of proof.

Unlike Reuters, the Associated Press is not a public company. It issues no stock.

It is instead a co-operative jointly owned by about 1000 media groups, and its reports are carried on up to 1000 sites. It is financially not very well off, and many of its media owners are in the same boat. The AP and many of its owners are increasingly cutting corners to save a buck. Increasingly they are under-researching, failing to check, and so their viewers and their readers are ending up misled.

Does financial strain excuse the AP for hyperbole and seriously wrong claims, for reprinting of false public relations handouts and false lawyer claims as hard fact? As it has too often done before?

Would it not be better when facts are in doubt and justice on the line to not report at all?


{Below: Colleen Barry of AP Germany was the writer of the misleading piece]


Monday, August 19, 2013

Knox-Mellases And Candace Dempsey Display Extreme Contempt Of Court On CNN

Posted by Hopeful



[Candace Dempsey and Frank Sforza who in court soon may disavow her numerous false accusations]


Horrible horrible CNN story tonight on “Crimes of the Century”, in which they featured the Knox case. CNN shredded the case with dozens and dozens of half-truths and outright errors.

They did show some sympathy to Meredith using decent photos of her and some complimentary verbiage from various speakers, but CNN aimed to convince viewers that poor Amanda was persecuted by evil tyrants bound to medieval mindsets. They actually delighted in casting aspersions on Mignini for being an honest and devout Catholic as if that is some horrid slur.

The miserable program which aired at 8:00 pm Central Standard Time her on Sunday night in the U.S. showcased the malevolent faces of Candace Dempsey, Anne Bremner, Nina Burleigh and Dr. Mark Waterbury spewing out garbage and error, and they gave them so much face time on camera, it was awful.

The video footage of Mignini was trash photography with angles and poses meant to make him look bad, but it was an utter fail. His dignity was intact despite the worst they could throw at him. Yet it wasn’t hard to make the pro-Knox forces look ignorant on the show. Dempsey almost sounded mentally afflicted and looked very odd while Anne Bremner couldn’t say much with a straight face nor stop nervously batting her eyelids.

Everyone on the Knox bandwagon looked positively shifty. Thankfully Curt and Edda did not star in this production much, we were spared their serial nonsense. They were shown more as background figures.

Even Amanda was treated rather poorly despite the theme of “poor girl, she’s innocent and has been railroaded”, because they took bits and pieces from her recent TV interview in her sleeveless blue dress and they pulled out her most irrelevant and salacious remarks loosed from any context. They shredded her comments, using such junk as her remark that she was sexually active but not sexually deviant and thet she wasn’t dressed in leather and cracking a whip.

Tawdry stuff, and nothing in context. They used, “I wish I’d stood up to them more” and never showed her squirming and looking discomfited at many questions. No, the truth wasn’t well presented.

They only showed Mr. John Kercher once early in the show in a fleeting shot. Later they used footage of Arline Kercher alone, and had her saying, “We need to know what happened.” It was an absolute debacle of a news program if truth were the aim, and a total assault on Mignini from start to finish. They attacked all the DNA evidence. Attorney Ghirgha was shown briefly and so was Dalla Vedova surrounded by the press pack with microphones at his mouth.

Rudy Guede was again made to take the brunt of the entire murder, and CNN planted the false idea that he had his sentence shortened due to rolling over on Knox or cutting some deal with the prosecution. Courtroom scenes of the first trial in Perugia were abundant, with Sollecito being paraded in with his long hair and white jacket in the early days. Bongiorno was shown hugging him after the acquittal, and Amanda’s crying jag as she was acquitted.

The cameras were fixed on Mignini making him look like a sinister plotter of retribution, it was all so predictably malicious and unfair toward him. A complete abomination instead of accuracy in reporting.

I was appalled at the audacity and insolence of Candace Dempsey when she said Mignini is the kind of man who after finding a lovely British girl on the floor in blood could make up an entire scenario of a sex crime out of his own fantasies. She deviously left out the glaring fact that Meredith’s body was found with physical signs of sexual assault and half-nude. What a con artist she is.

The only piece of truth in the entire episode was a trite one when the male speaker (forgot his name, Darren? Kolinky?) he said Knox was extremely stupid. STUPID. As if we didn’t know that already. This grinning fellow seemed a silly adjunct to the other silly billy goats gruff namely Bremner, Dempsey, Waterbury, Burleigh. I give it a zero. It was a pathetic attempt to cover the Kercher case as one of the “Crimes of the Century”. An epic fail, and nobody fooled but the self-deceived cast of the show.

The program was nauseating to anyone who knows the facts. Nina Burleigh lamented the celebrations in the street at midnight when Knox’s guilty sentence was announced, as they yelled in Italian “American assassin!” Burleigh claimed it was as close as she’d ever get to seeing a mass mob use a scapegoat, this time the dear sweet Amanda, shudder.

Nina Burleigh and the other two women were set up as some kind of ludicrous experts. The more contained yet equally in the wrong Dr. Waterbury said that Meredith’s DNA was not on the knife. It was just one outlandish falsehood after another.

Posted by Hopeful on 08/19 at 06:45 AM • Permalink for this post • Archived in Hoaxers from 2007Knox-Mellas teamMore hoaxersHoaxers: media groupsCNN NetworkComments here (51)

Page 3 of 8 pages  < 1 2 3 4 5 >  Last ›