Category: Hoaxers: media groups

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.



Wednesday, February 12, 2014

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

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 sock 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 Report

Good reporting on the court today

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

Warning about AP’s Colleen Barry

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

Final post from the court today

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

Tweets from main poster Yummi

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tweets by Andrea Vogt

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

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

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

First post

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

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

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


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.


Wednesday, May 01, 2013

Although The YouTube Trailer Suggests Diane Sawyer Wimped Out And Turned All Mushy…

Posted by Peter Quennell





It could still be wrong. Trailers have been misleading before.

The interview is tonight at 10:00 on ABC. Our Main Posters Kermit and Media Watcher both have tips that could still win Diane Sawyer Pulitzer Prizes.

  • Media Watcher: Diane Sawyer Interview With Amanda Knox: How To Push Back Against The False Claims And Emotion

  • Kermit Powerpoint:  Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC Kindly Shares A Sneak Preview!

Here’s hoping. Even for Amanda Knox, our advice is usually the best. We’ll carry some sort of report on this tomorrow.


Monday, April 29, 2013

The Amanda Knox Book: Could Her Book Legally Entangle These Four?

Posted by The TJMK Main Posters



[Image above: Curt Knox, Ted Simon, Robert Barnett, and David Marriott]


It seems probably that in every legal system on Earth, enabling or encouraging or inciting a crime may itself be a crime.

Could Amanda Knox’s forthcoming book be considered a crime, or more precisely a series of crimes? We wait to see what it says, but for starters its mere existence flouts Italian law. From our 22 April post:

Italy’s justice system so favors DEFENDANTS that it is perhaps the most pro-defendant system in the world. In fact many Italians feel its leniency has gone way too far. That is why there are these automatic appeals and why Knox could talk freely in court and have no cross-examination of her claims.

At the same time, officers of the Italian justice system are sheltered by huge powers hardly even needing to be invoked. The reason the law is so strong in this dimension is in part because a favored mafia tactic is to do what Sollecito and Preston and Burleigh have done in their books: slime the officers of the court.

Get that? Knox can talk her head off in court (as she did for two full days and many “spontaneous” interventions at the trial and annulled appeal) but because of a torrid history of false allegations against Italian courts, especially by the mafia and accused politicians, Italian law forbids her to do so outside in ways that misrepresent the evidence and impugn any officers of the legal system, prosecutors and prison staff counted in.

Sollecito’s book published six months ago made four kinds of mistake: (1) publishing for blood money while still accused; (2) including many false claims which contradict his own case at trial and will almost certainly contradict claims Knox makes; (3) defaming numerous officers of the court in freely accusing them of crimes - falsely, as his own dad admits; and (4) maligning the entire Italian justice system, the most popular and trusted institution in Italy with heavy protections at its disposal when it wants.

The criminal investigation into Sollecito’s book is under the wing of the same chief prosecutor in Florence who will oversee the re-run of the murder appeal. His investigation target is expected to be broad, and will certainly include the shadow writer and publisher and Sollecito’s own legal help. At the max, because Sollecito has impugned anti-mafia prosecutors and judges, he might face close to ten years.

PLUS the mitigating circumstances Massei allowed which brought his sentence down by five years will likely be disallowed by the Florence appeal court, adding five more years if the new appeal concludes guilt.

It seems an open secret in Perugia that Knox’s lawyers there have long shrugged off the US campaign and acted locally as if it really isnt there. They may or may not have attempted to forestall the book, though by now they certainly know it will make things far worse for Knox.

Sollecito’s lawyers have even more reason to know this as they are already under the gun, and they are probably sitting back and watching the trainwreck with ever-growing glee. 

Going forward, the prosecution is in a very sound and dominating position.

The evidence is very, very strong.  The Massei Trial Report is still unscathed. The Galati Appeal and the late-March Supreme Court decision absolutely destroyed the Hellmann appeal, and heavily implied that it had been bent. And the prosecutor who has been so unfairly maligned in the US has zero legal problems of his own, after Cassation nailed a rogue prosecutor for pursuing him and put his Narducci investigation back on track, and he was promoted and is set to be the Region of Umbria’s number one prosecutor very soon.

In contrast even without the albatross of the book Knox’s position was very weak.

She has already served three years for criminally lying to protect herself, and that sentence is subject to no further appeal. (Talk of taking it to the European Court is a joke.) Nobody in Italy will trust her word after that. As the post below this one shows, dozens of witnesses will speak up against any false claims. Who will testify on her behalf?

Also Knox seems intent on skipping the appeal, which is itself a contempt of court. And Sollecito, who has said he will be present, showed strong tendencies in his book to sell her short. If her book and her ABC interview are not roundly chastized on Italian TV as Sollecito’s was late last year, it will be a surprise. And complaints are already on their way to Florence - a prison guard she impugns in the book who earlier she herself had said meant no harm is moving forward. 

Curt Knox, Ted Simon, Robert Barnett, and David Marriott may end up in the crosshairs of the anticipated investigation for enabling or encouraging or inciting the book. And if Knox is handed extra years because of their zero due diligence, she may have a malpractice case against Simon and Barnett.

We hope their fingers are crossed.


Thursday, April 25, 2013

Demonizations By Knox: Book Claims About Prison Traumas Contradicted By Many Solid Sources

Posted by The TJMK Main Posters



[Above and at bottom: an animated Amanda Knox in red t-shirt at a prison rock concert]

1. Knox Claims: Hell-hole Of Sin And Debauchery

That opening remark of a preview by the National Enquirer of Amanda Knox’s forthcoming book has been widely parroted in other American media reports.

Putting out new claims in the book like that is apparently considered to be worth the huge risk of extra years behind bars for contempt of court described in the post below this one.

Still, the US edition was sanitized after the annullment by the Supreme Court of the Hellmann appeal, and the UK publication of the book was canceled altogether.

So what are these remaining shock-horror claims? We intend to post commentary on them all.

Several concern Knox’s time in Capanne Prison where, it should be remembered, she actually served a three year sentence for lying. This was a sentence recently ratified by the Supreme Court, for criminal lying about the involvement of Patrick Lumumba in Merediths murder.

Main prison claim 1: sex advances by staff

One of the prison claims made public names a now-retired senior prison guard who Knox now claims asked her for sex. Actually this is hardly new news. 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 seems to have left Italians contemptuous. “Yet more lies.” Here is a commentary on Knox’s claim of sexual harrassment in Il Giornale.

AMANDA: “THE WARDER WANTED TO HAVE SEX WITH ME”.

Nino Materi - Monday 15/04/2013 - 15:38.

And in the end do you want to see that we will have even have to compensate Amanda Knox for the “psycho-sexual” abuse suffered in prison in Perugia? By now we have become used to everything in the ugly story of the murder of poor Meredith Kercher.

But you really need a strong stomach to get used to the idea that the girl from Seattle should even be earning millions of dollars with true-story book (“true” in a manner of saying) which rummages in the trash of the Perugia thriller. A literary destiny which associates Amanda with the other key character at the crime scene: that Raffaele Sollecito author of a another true-story book (once again “true” in a manner of saying). Sollecito’s memoir is entitled Honour Bound: my Journey to Hell and Back with Amanda Knox, while Amanda’s “best-seller” is called Waiting to be Heard.

Pages in which Amanda ““ among other things ““ tries to make herself out to be an ingenuous, modest creature actually “molested” by the sexually implicit sayings of a supposedly dirty-minded prison warden. Amanda writes, or the ghost writer does, “The screw would ask me with whom I had had sex, he wanted to know how many boyfriends I had and whether I wanted to go to bed with him.” The period referred to is when the American student was in the Perugia prison following the first stage sentence for the crime of Meredith’s “friend”.

Then, on appeal, Knox (and Sollecito) were acquitted and now Cassation has ordered a new trial for them both. Meanwhile Amanda has gone back to Seattle (from where she will obviously never return to Italy) and she is enjoying the proceeds of her new career as a writer, not to speak of being a guest of agony TV, where between tears she tells how she was persecuted in our country. And the more she cries, the more the audience hits the roof and the more Amanda’s bank account grows. No talk of repaying her debt to Italian Justice…

In the 400 pages published by Harper Collins, the New York publishers which obtained the exclusive on the memoirs of Amanda after paying out about three million dollars, there is no lack of titillating details. A perfect location: the cells of Capanne Prison. Here Amanda tells about “continual requests from a prisoner to start a lesbian relationship with her”. In other pages she recalls how “she was informed of being HIV positive shortly after her arrival in gaol”.

Then the shock-revelation about a prison guard who is now retired. Knox accuses him of ” doing nothing but talk about sex with her from the day she arrived after her arrest”. In a message to a girlfriend, the girl from Seattle tells how the man in uniform accompanied her on every medical visit, twice a day, and in the evening how he would call her up to the third floor of the prison to an empty room to chat. “He was obsessed with sex, with whom I had done it, how I liked doing it, whether I wanted to do it with him,” she writes in the book. “I was so surprised and scandalised by all his provocations that sometimes I wondered whether I was not misunderstanding what he was telling me. When I realized that he wanted to talk about sex I tried to change the subject.”

The guard is now suing the girl for defamation after Amanda said that she had been abused during the questioning. In an interview with Bob Graham, an English journalist very close to the Knox family, the guard admitted talking about sex with Amanda, but claiming that she was the one who introduce the topic: “I talked to her a lot, but only to calm her down. I asked her how many boyfriends she had had, but it was always she had to start talking about sex.”

Anyone who wants to rummage in the garbage, buy the book by all means.

Main prison claim 2: malicious sex-partner humiliation

The second main claim against a prison official concerned the preliminary results of a routine HIV test required of all prisoners and a list of sex partners. The list of sex partners was reported in the media in 2008 as if the prosecutor and prison doctor had engineered the result and then leaked it to the public. 

What did we find when we looked closely into this?

Knox’s own diary made quite clear that she was the one who decided to create such a list, and the list in fact seems to have been leaked by Knox forces.

Back then, even Knox herself exonerates the doctor and prosecutor.

Main prison claim 3: Italian prison conditions are unbearable

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 hard; by prison staff and official visitors, and even by the US Federal Government itself.

2. Flood Of Rebuttals By Family, Lawyers, Numerous Officials

(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.

Here is a report 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 Knox’s own mother

Knox’s mother Edda Mellas contradicts her on the experiences in Capanne. This was when Knox had been inside for two years.

They [the family] insist that she has tried to draw positives from her time inside, rather than wasting energy getting angry and resentful about the fate that has befallen her.

So it is we are told that she has whiled away the time by helping teach other inmates English and yoga and by learning to cook, to do needle-point and to play the classical guitar.

“˜She’s made it a time to learn, to learn about herself and the friends she has and the way the world works,’ says her mother. “˜She realises it’s not about her any more, she truly sees herself as one of the lucky ones in there.

“˜She sees women in there who have no support, or good lawyers, or even family, they have nothing.’

(3) Contradicted by the US Embassy and State Department

US Embassy staff regularly monitored Knox’s treatment both during trial and thereafter. She was given chances again and again to lodge complaints with an Embassy officer.

But as we posted here in June 2010 and here in May 2011 cables from the US Rome Embassy to the State Department in Washington DC released to reporter Andrea Vogt contained ZERO complaints.

This matters incredibly 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 requested both of which could happen soon.

(4) 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.”

(5) 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.”

(6) Contradicted by prison guards and other inmates

Some assiduous and highly vredible reporters captured the view of a difficult, narcissistic, uncaring Amanda Knox which is very commonplace around Perugia. The real faults lie with Knox, in effect. This report is by one of them. 

Prison guard Angela Antonelli saw Knox every day for two years and says she became closer to her than most. Antonelli paints an intriguing portrait of her, saying she survived behind bars with an almost astonishing degree of self-possession, burying herself in writing letters, singing Beatles songs and playing a guitar.
But it did not, she says, endear the young American to her fellow inmates ““ who took to calling her the Ice Queen.
“˜She never once cried when I was there,’ recalled the warder, speaking at her cluttered home in the city. “˜I often spent the nights there and looked into her cell through the hole to check on her and the others.
“˜Other people ask for tranquillisers, cry, shout that they didn’t do it, that they’re in pain, that they can’t go on. “Why did this happen to me?” they shout.
“˜Many prisoners bang their heads against the walls or even sew up their mouths, scream, vomit, cut their wrists. But she showed no reaction.’
This impression of extraordinary self-confidence and steadfastness is supported by fascinating correspondence seen by The Mail on Sunday, including one particular letter.
In letters written to her former boyfriend and co-accused, Raffaele Sollecito, Knox shows something close to contempt for her accusers and the overwhelmingly hostile public opinion in Perugia.
In one, written a year after the murder, she writes: “˜The truth is in plain sight THEY HAVE NOTHING ““ only their twisted imaginations.’ There is no mention of life in jail, of other prisoners, or indeed of Meredith.
A number of Knox’s prison letters to Sollecito were intercepted by the authorities in an attempt to gain some clue about the events leading up to the murder in 2007. This one, shown to The Mail on Sunday by Antonelli, had been among them.
Amanda Knox was obsessed with The Beatles, constantly singing their songs in prison.
Her letters to former boyfriend Raffaele Sollecito, which were shown to The Mail on Sunday by warder Angela Antonelli, were peppered with references to their songs.
She signs off one letter: “˜Let It Be! Here Comes the Sun!’
Her diaries, too, were littered with references to the band, together with doodles of flowers and peace signs.
The song she credits with helping her through her four years in prison was Let It Be, the final Beatles single before Paul McCartney left the band.
It meant so much to her that, according to warder Angela Antonelli, she tore out a page from her notebook and wrote out the lyrics, in English and Italian, and gave it to Ms Antonelli as a gift.
Writing in a clear and careful hand, her letter to Sollecito concentrates on the injustice of the charges against the two of them, and on her hopes of freedom.
She also refers to a dream about being greeted by President Barack Obama on her return to America.
She writes: “˜I dreamed he welcomed me personally, shaking my hand, back to the States.’
In prison, Knox kept herself to herself, said Antonelli.
While the majority of prisoners were attempting to make some sort of communal life together, she declined to socialise, preferring the company of her daily journal.
“˜Other prisoners made cakes, biscuits, pizza and always shared with their cellmates. Amanda ate what the others made but never made anything herself,’ the warder said.
“˜Also in prison people borrow each other’s clothes but Amanda never shared her clothes nor accepted clothes. In my view, she behaved as though she were superior and looked down on the others.’
After finding herself alone in a foreign prison, Knox’s caution is perhaps understandable ““ particularly as, before her acquittal, vicious media coverage in Italy had branded her a “˜devil’ whose alleged part in the murder was fuelled by sex.
But whether it is understandable or not, Knox’s reticence appears to have troubled those around her.
Antonelli said: “˜She absolutely never spoke about that night with anyone. She would not talk about Meredith’s murder. Amanda never once spoke about Meredith and never spoke about Guede.’
Rudy Guede was a drifter from the Ivory Coast who, in a separate trial, was convicted of Ms Kercher’s murder and who remains in prison.
Antonelli added: “˜Even if Amanda didn’t kill Meredith, she hasn’t done anything to help people understand what happened that night.
“˜She thought only about her own survival. She’s impenetrable, you will never be able to understand what really happened that night. Amanda showed almost no emotions.
“˜The only time I ever saw her being nervous was when she was waiting for her mother to send her the second Harry Potter book.
“˜She was really quite anxious, saying, “When is my book coming.”
“˜She lived through her books, she transported herself away through her books like her hero Harry Potter.’
She was not vain however, and other inmates were surprised that she appeared to make little effort with her appearance.
“˜People thought she was very good looking but she never mentioned her looks,’ said Antonelli, who at 62 has now retired from the Italian prison service.
Antonelli said that although Knox deliberately isolated herself from both her fellow prisoners and the staff, she became closer to her than to most others at Capanne.
Knox even gave Antonelli presents, including a doily she had made and a hand-written transcript of the Beatles song Let It Be. She got attached to me because I’m a maternal sort of woman,’ she explained.
“˜She tried to become close but I distanced myself.
“˜Sometimes I felt she was like a vampire because of her strong personality ““ as if she was trying to suck emotion from me.
“˜She was very different to other 22-year-olds who were in the prison. She knows what she wants and is very determined. I’ve never seen a girl like her, especially as she was so young. It was as though she was constantly doing a job interview, showing the best side of herself.’
There is the same sense of determination in the letter from Knox to Sollecito, dated November 11, 2008, seen by The Mail on Sunday.
She refers to her current “˜extraordinarily difficult’ experience and the ups and downs of life. Good will come of the situation she finds herself in, she assures Sollecito, and she will be brave and patient.
She tells Sollecito that her accusers just cannot look at themselves properly and see that they are wrong.
Last month Italy’s Supreme Court ordered Knox and Sollecito to be re-tried ““ in the light of which her decision to publish Waiting To Be Heard, with its criticisms of Italian officialdom, might be seen as something of a risk.
That said, it seems unlikely that she will ever travel to Italy to face the court.
Antonelli is clear that Knox was “˜never physically abused’ at Cappane, but she also says that “˜one guy asked her how she liked to be pleased in bed’ ““ which could support Knox’s claims to have been subjected to inappropriate remarks.
The man accused has denied any allegations of harassment.
Curiously, when Knox’s prison diary was published in Italy in facsimile form it gave little hint of the hardship she describes in her new book.
She wrote compulsively in her cell, maintaining her journal four times a day. The handwritten pages, complete with doodles and scrawled Beatles lyrics, say such things as: “˜The prison staff are really nice. 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.’
The someone she referred to was an innocent man ““ Congolese bar owner Patrick Lumumba, whom she falsely accused of murdering Meredith.
She later insisted the accusation was a result of police intimidation.
In fact, her prison diary, describes her Italian jail 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.
Today, she is an innocent woman; but to those who were with her in Cappane, she remained an enigma until the moment when, amid turbulent scenes at the Perugia courthouse, she was acquitted.
“˜Even when she was released, she didn’t say goodbye to a single person in the prison,’ recalled Antonelli.
“˜In my opinion she showed no compassion or sensitivity to others. She just walked out.
‘Is that human?’









Monday, April 22, 2013

Lawyers Are Puzzled At Why Knox Seems So Intent On Risking Extra Prison Time

Posted by Peter Quennell





Knox doesnt need our legal advice. She has some pretty good lawyers of her own.

So what are they telling her now? The huge risks her book and interview run are all spelled out in the Italian legal code. Accused perps dont ever, ever take their case to the court of public opinion in Italy (try finding another example) because that is a very serious contempt of the court.

Italy’s justice system so favors DEFENDANTS that it is perhaps the most pro-defendant system in the world. In fact many Italians feel its leniency has gone way too far. That is why there are these automatic appeals and why Knox could talk freely in court and have no cross-examination of her claims.

At the same time, officers of the Italian justice system are sheltered by huge powers hardly even needing to be invoked. The reason the law is so strong in this dimension is in part because a favored mafia tactic is to do what Sollecito and Preston and Burleigh have done in their books: slime the officers of the court.

Those powers finally now HAVE been invoked, because of the extraordinary assault on the Italian system and judges and prosecutors and police (rejected even by his dad) by Sollecito in his book.

They are perhaps the strongest and most extensive attacks on the court system Italy has even seen.

This is under confidential investigation in Florence and charges expected this summer could cost Sollecito a sentence of five years or more. His book also just about kills his chances at the new appeal, because it makes several hundred wrong claims which to the prosecution will be like shooting fish in a barrel.

The defense lawyers surely know all of this. Unless they feel their chances at appeal are so bad (which could be the case) that they require desperate long-shot measures, they will surely tell Knox the same thing. 

Publishers’ necks and ghost-writers’ necks and ABC’s necks are on the line too. HarperCollins UK seem to have been very smart in yanking the book. Their lawyers must have figured all this out.


Tuesday, April 16, 2013

Powerpoints #21: Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC’s Sneak Preview!

Posted by Kermit





Skilled reporter Diane Sawyer does a great job here in negotiating the Knox PR minefield and eliciting a telling response. 

No wonder Amanda Knox seems so set on not heading for the appeal court in Florence. There she might face immense pressure to answer the hundreds of open questions on the witness stand.

This time under full cross examination, which was so strenuously avoided in mid 2009.

For this sneak preview courtesy of ABC please click here. The Powerpoints should take maybe a minute to load. I recommend that you use the Page Down key to advance.

if you don’t have the Powerpoint Viewer program loaded there is a download here. Interesting viewing. Thanks ABC.

Some further reading?

1. On the Cassation-annulled appeal verdict.

Click for Post: 

2. On the repeat appeal move to Florence

Click for Post: 

3. On the failing PR stirrer David Marriott

Click for Post: 
http://truejustice.org/ee/index.php?/tjmk/comments/powerpoints_13_we_now_examine_the_compelling_evidence_for/
http://truejustice.org/ee/index.php?/tjmk/comments/newsweek_report_from_italy_on_damage_shrill_campaign_is_dong_to_knoxs_/
http://truejustice.org/ee/index.php?/tjmk/comments/knox_public_relations_manager_starts_premature_crowing/

4. On the bedraggled hair of Amanda knox

http://www.truejustice.org/ee/index.php?/tjmk/comments/our_take_on_the_case_for_the_prosecution_4_amanda_knoxs_multiple_confl/
http://truejustice.org/ee/index.php?/tjmk/comments/how_the_media_should_approach_the_case_if_justice_is_to_be_done_and_se/

5. On Dr Mignini’s many recent vindications

http://truejustice.org/ee/index.php?/tjmk/comments/migninis_and_giuttaris_florence_convictions_are_overturned_as_florence/
http://truejustice.org/ee/index.php?/tjmk/comments/an_overview_from_italy_2_current_perceptions_in_italy/
http://truejustice.org/ee/index.php?/tjmk/comments/giuliano_mignini_promotion_places_him_first_in_line_for_prosecutor/

6. On the voluntary Amanda Knox interrogation

http://truejustice.org/ee/index.php?/tjmk/comments/disarray_and_decay_in_the_pro-knox_parade_1_bruce_fischers_epidemic_of/

7. On the on-the-run PR shill Frank Sforza

http://truejustice.org/ee/index.php?/tjmk/comments/disarray_and_decay_in_the_pro-knox_parade_2_key_knox-mellas_flunkie_no/
http://truejustice.org/ee/index.php?/tjmk/comments/might_frank_sforza_already_de_facto_be_banned/

8. On the Committee to Protect Journalists

http://truejustice.org/ee/index.php?/tjmk/comments/open_letter_to_cpjs_joel_simon_in_new_york_this_is_the_fact_finding/
http://truejustice.org/ee/index.php?/tjmk/comments/open_letter_to_cpjs_joel_simon_in_new_york_this_is_the_fact_finding_2/

9. On the large double-DNA knife

http://truejustice.org/ee/index.php?/tjmk/comments/the_limited_dna_reviews_-_what_we_believe_are_the_hard_facts_on_the_do1/

10. On DNA consultants Conti and Vecchiotti

http://www.truejustice.org/ee/index.php?/tjmk/C339/

11. On the Amanda Knox email to Seattle

http://www.truejustice.org/ee/index.php?/tjmk/comments/our_take_on_the_case_for_the_prosecution_4_amanda_knoxs_multiple_confl/

12. On the Amanda Knox midnight call to Seattle

http://truejustice.org/ee/index.php?/tjmk/comments/why_defendants_mostly_dont_testify_those_devils_that_lurk_in_the_detai/

13. On the felonious Sollecito book

http://truejustice.org/ee/index.php?/tjmk/comments/raffaele_sollecito_now_under_formal_investigation_for_new_crimes_appar/
http://truejustice.org/ee/index.php?/tjmk/comments/simon_schuster_seem_to_be_seriously_rattled_over_lack_of_due_diligence/
http://truejustice.org/ee/index.php?/tjmksollecitosbook

14. On the u-turn by HarperCollins UK

http://www.truejustice.org/ee/index.php?/tjmk/comments/knox_book_put_on_hold_in_uk_as_legal_implications_of_blood_money_for_s/

15. On the Knox sex-approach allegation

http://truejustice.org/ee/index.php?/tjmk/comments/andrea_vogt_obtains_new_rome_embassy_cables_from_state_still_showing_z/
http://truejustice.org/ee/index.php?/tjmk/comments/amanda_knoxs_supporters_incredible_shrinking_island_now_shrinks_some_m/
http://truejustice.org/ee/index.php?/tjmk/comments/lifetime_movie_included_a_serious_wrong_charge/

16. On the PR shill Doug Preston

http://www.truejustice.org/ee/index.php?/tjmk/C555/


Friday, April 12, 2013

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

Posted by Media Watcher





Dear Diane Sawyer:

Much of Italy and the UK and US will be curious to see how this interview works out on the ABC network on 30 April.

The extreme overkill of spin and false claims have not worked well for Knox lately. Now twin developments (the blunt and categoric ruling of the Supreme Court two weeks ago, and the ominous legal moves against Sollecito for his own rash public statements) have left Amanda Knox perched on a thin icy ledge.

We have dozens of lawyers and even judges read here. We do not know even one astute lawyer who really understands the case and the Italian system who, in light of those twin developments, considers this interview or Knox’s book as any longer a good idea.

The yanking of the book in Britain shows a creeping realization of this among those with their own necks on the line here.

The twin developments have changed this from the launch of a “promotional” book tour to a very serious inquiry into an ongoing murder trial, with very serious implications for U.S./Italian diplomatic relations.

We’re appreciative that you are the journalist who will be doing the first in-depth interview here. You have a solid reputation for balance and objectivity, and we’re looking forward to seeing your broadcast. 

From Seattle, it often seems as though Americans simply cannot comprehend that a young co-ed could be caught up in a case so violent.  Because the court proceedings were conducted in Italian, most Americans heard the story of what happened through a media filter, which in turn got much of its information from people who had a bias in support of Amanda Knox and Raffaele Sollecito.

Repeatedly, we have heard reporters parrot the defense attorney’s claim that there is no evidence.”  However, the evidence presented was strong enough to convince Harvard Law School’s Alan Dershowitz that the conviction will likely be affirmed on appeal. 

Other legal experts who have said the evidence supports a guilty verdict include New England Law Professor Wendy Murphy, who was herself a former prosecutor, and Nancy Grace, a former prosecutor who now hosts a show on trials and legal issues for CNN.

Contributors to this site, who all work pro bono, have also concluded the evidence supports a guilty verdict. We have studied the evidence presented at trial (in many cases ourselves translating key court documents) and have monitored with growing alarm the huge disconnect here in the U.S. between what happened in court and what has been reported.

What motivates us now is seeing that the reporting of the trial here in the United States is objective and corresponds with the reality of what is happening in Italy and what Italians are seeing and reading. 

Ultimately, if the conviction of Amanda Knox and Raffaele Sollecito is upheld by the Appeals Court and then Italy’s Supreme Court, we expect that the United States will honor the extradition treaty that’s been in place for decades, because it shouldn’t matter whether a perpetrator is perceived as attractive or sympathetic. While everyone is entitled to a fair hearing and a fair judicial process, we also believe the victim’s family is entitled to justice.

Having said all of that, we’re looking forward to seeing your report and here are some of the themes we hope you’ll explore in the report that surrounds the interview:

    1) We believe it’s important to confront the “no evidence” claim head on by citing the actual evidence that is summarized in the Massei Report.  We believe it’s compelling and we hope you can lay it out”“ including the DNA, cell phone, witness statements, bloody footprint, the evidence of a coverup/cleanup, and the conflicting and shifting statements made by the defendants; all so that viewers can understand the full scope of what that jury heard and evaluated in making the original decision to convict.

    2) Many Americans seem to not understand the automatic three-stage trial process that is typical of the Italian judicial system - actually put in place to benefit defendants.  We hope you can provide an overview of Italy’s judicial process, and help viewers to understand the very limited scope of the contested evidence that was subject to review by the Appeals Court.  We also hope you’ll remind viewers of all of the evidence that was not subject to review during the appeal—again, the cell phone evidence, the conflicting statements from the defendants, the evidence that showed Amanda and Meredith’s DNA mixed together in the bathroom and hallway and Filomena’s room, the bloody (Sollecito) footprint, the evidence of a staged break-in and cleanup, and the witness statements about Amanda and Raffaele’s conduct at the time the murder was discovered and over the following days.

    3) Defenders of Amanda and Raffaele often claim that Rudy Guede acted alone.  Many viewers seem not to understand that the Supreme Court had earlier ruled that Rudy Guede was one of multiple attackers.  We believe it would be useful if you could review this for your viewers and cite some of the evidence that convinced the Supreme Court that Guede could not have acted alone.  Perhaps reminding viewers that Rudy Guede’s footprints lead directly from the murder scene to the outside door would be helpful, given that there was clearly mixed DNA evidence in the bathroom and a bloody footprint in the hallway, which had been cleaned up and later revealed through the use of Luminol (a chemical agent used by forensics specialists to detect trace amounts of blood left at crime scenes).

    4) We hope you’ll help viewers to understand a key point made in a recent NYTimes op-ed about the mathematical value of doing a second DNA test on the knife that was found in Sollecito’s apartment.  As you know, the Appeals Court Judge refused to allow a second test on the knife, even though a confirmation of the original result or a different result would likely have provided additional clarity.

    5) We hope you’ll address the issue of contamination ““ especially as the key issue on the bra clasp is not whether Sollecito’s DNA was on it, but whether Sollecito’s DNA could have gotten on the clasp through contamination.  Given that there was only one other piece of Sollecito’s DNA found in the apartment, and given that at the time it was analyzed, it had been more than a week since any evidence from the crime scene was reviewed in the lab, it might be useful to have someone address the chances of there having been contamination resulting in Sollecito’s DNA ending up on the clasp.

With respect to the interview itself, here are some of the questions many would like to see Amanda answer:

    ”¢ Why did you call your mother in the middle of the night Seattle time prior to the murder having been discovered?  What was it you wanted to tell her?

    “¢ You tried calling Meredith the day after the murder took place and yet phone records show that two of the calls you made to her cell numbers lasted only three and four seconds and you left no messages.  How diligent were you in trying to reach her?

    “¢ Why do you think you falsely accused your boss Patrick Lumumba? 

    “¢ Why didn’t you withdraw your accusation against Patrick Lumumba in the light of day, once you’d had time to rest and reflect? 

    “¢ You have said - though never under oath - that you were treated terribly ““ can you summarize for us what happened the night you voluntarily gave your written statement and very specifically, any circumstances in which you were treated poorly?

    “¢ Were you given food and drink on the night you were questioned?

    “¢ Were you bleeding on the night or morning of the murder in any way that could have left DNA in the bathroom or in Filomena’s room?  If so, why were you bleeding?

    “¢ You’ve said that went back to your apartment to take a shower and to retrieve a mop to clean up some water at Raffaele’s apartment from the night before.  Why didn’t you simply use towels at Raffaele’s apartment to clean up the water - why wait until the next day?

    “¢ Reports indicate that Rudy Guede was a frequent visitor to the flat below yours.  How well did you know Rudy Guede prior to the night of the murder? 

    “¢ Do you stand by the statement you made on the day the murder was discovered that Meredith always locked her door? 

    “¢ You emailed to friends and family that you were panicked about what might have happened to Meredith given the locked door.  Did the two of you try to break the door down?  If not, why not?  And if Meredith always locked her door, why did the fact that it was locked worry you?

    “¢ Have you read the Massei report? 

    “¢ Raffaele Sollecito said during his book tour that no one asked him to testify during the original trial.  Do you believe this is true? 

    “¢ If your conviction is affirmed by the Supreme Court, do you think you should be extradited to Italy.  If not, why not?

Thank you for reading this letter, Diane.  Because of the PR fog around the case, we believe far more attention needs to be paid to the actual evidence that was presented at trial. 

We are confident that you’ll bring all of your considerable skill and experience to bear on this interview in ways that will leave viewers much better informed.




Monday, April 01, 2013

Alarm Bells Ignored: Overconfident PR And Lawyers May Have Led To That Shock At Cassation Outcome

Posted by The TJMK Main Posters





Amanda Knox has seemed to us more stunned than confident since she got out of Capanne. Her father mentioned that she was not given the whole picture there.

But we have been surprised in recent weeks at how the defense lawyers and spokesmen and especially Raffaele Sollecito and Giulia Bongoirno and Carlo Dalla Vedova and the PR flunkies were seemingly seeing the Supreme Court appeal as a forgone conclusion in their favor, a blip requiring no change in the end game.

Here are 20 warning bells that we think they might have missed or heard wrongly which contributed to a shocked and ill-prepared reaction to the Cassation ruling, and each of which a team of hard-nosed lawyers not befuddled by PR might have heard and responded to quite differently. 

    1. The Italian media in 2007-2008 in fact did not blow the case and Knox herself out of all proportion. Most of the lurid headlines appeared in the UK press where they had zero effect on the 2009 jury. There really was a hard case to answer.

    2. The British and American media mostly came to be manipulated on the lines Barbie Nadeau’s book described, which meant a big contrast opened up between hard Italian reporting and fantastical UK and US reporting.

    3. The Knox and Sollecito teams shrugged off a short-form trial in October 2008 at which point they might have pleaded that Meredith’s murder was not intended and drugs and mental quirks had resulted in a terrible but unintended outcome, perhaps providing relief both for themselves and Meredith’s family. 

    4. The prosecution part of the trial in 2009 was in fact, contrary to frequent illusory claims, fast and comprehensive and decisive, and it may have been at the end of that phase that the jury was already ready to vote guilty. 

    5. The defense part of the trial was far less successful with Amanda Knox on the stand suggesting to Italians that she was cold-blooded and uncaring, and from then on the defenses were desultory and dispirited with no strong points ever landed. Several days one or other of them failed to show.

    6. The prosecution summation at end of trial was extremely powerful and included in it was a very convincing 15-minute crime-scene recreation video (never released to the public) which accounted for all the marks and stains in Meredith’s room and on her body by an attack group of three.

    7. The Massei report, again contrary to frequent illusory claims later, was considered by those familiar with such reports a model of good logic and reasonable assumptions. It laid out and connected hundreds of evidence points which in a normal appeal process would have been unassailable.

    8. The 2011 appeal did not happen because Massei was riddled with legal errors and wrong assumptions, which would have been the criteria for any British or American judge to agree to such an appeal. It happened solely because, unique to Italy, such appeals are automatic if demanded, resulting in a huge number of appeals on weak grounds. 

    9. Italy does not have a terrible record of trial reversals as some claim. It has a record of fine-tuning and adjustments of thousands of appeals by appeal juries seemingly wishing to prove that they are being diligent. Cassation is aware of this quirky systemic effect, and it often bounces back appeal outcomes to dead center. 

    10. It had appeared that the PR effort was joined by a lot of influential “heavies” including MP Girlanda, Judge Heavey, Senator Cantwell, Joel Simon of CPJ, and the billionaire Donald Trump. Most had limited positive effect in the US and less in Italy, and have been quiet since the Cassation ruling.

    11. Judge Hellmann was a surprise replacement for Judge Chiari, then the able and experienced head of the criminal division. (He resigned over this.) Judge Hellmann, a good civil judge, had very limited criminal-case experience. Chief Judge De Nunzio has not explained why he replaced Chiari .

    12. The scope of appeals is carefully laid out in the Italian judicial code, and they are not to be repeat trials with overall reconsideration of all evidence and al witnesses only absent the careful presentation process and cross-examination at trial. In the US or UK the defense grounds for appeal might simply have been rejected. 

    13. Prosecutor Mignini was provisionally convicted in March 2011 of abuse of office, but careful examination would have revealed that the grounds were spurious and he had no need of a conviction in this case. Cassation in the past month has killed his own case terminally and chastized those who brought it. 

    14. Incriminating DNA was found in Meredith’s room and also outside it in many locations, and also on a knife in Sollecito’s apartment. DNA consultants were “illegally” appointed who muddied the waters but decisively disproved none of it. 

    15. The Supreme Court is on record as deciding that three perpetrators attacked Meredith. The defenses never set out to prove Guede was a lone wolf attacker, for a long list of reasons, and they failed to prove that jailhouse witnesses Alessi and Aviello had pointed out credible alternatives.

    16. The Hellmann-Zanetti report surprised a majority of Italian lawyers who read it for its passion and broad scope and tendentious logic, and for misunderstanding certain key legal concepts. Some instantly saw it as having feet of clay, and a pretty sure candidate for reversal.

    17. The significance of Chief Prosecutor Dr Galati in the process seemed seriously discounted.  UK and US media mostly ignored his appointment and where he came from, which was in fact Cassation in Rome where he was a highly effective Deputy Chief Prosecutor.

    18. The Galati appeal itself was extremely competent and hard line and targeted the Hellmann appeal outcome in several levels or layers in a total of ten points. It is one of the toughest and most sweeping appeals ever filed in Italy, and in the US or UK alarm bells really would have gone off at this one. 

    19.  Sollecito’s book was seemingly okayed by his lawyers, although it causes them major complications in three respects: it introduces new “facts” which contradict his own defense; it derides Italian officials and accuses them of crimes; and it looks like a seedy attempt to make money out of a crime for which the writer is still on trial.

    20. While Sollecito had been acting happily oblivious and super-confident in recent months, he has added to Amanda Knox’s own problems by semi selling her out in his book, and by waking the new 800 pound gorilla of contempt of court prosecutions for not respecting the judicial process.

It may not surprise you to learn that Giulia Bongiorno has not had a very winning record at Cassation, and as far as we know the other lawyers have no experience of winning there at all.


Tuesday, March 26, 2013

More Pervasive Myths We Will Nail In Our Various Hoaxes Series In Due Course

Posted by The TJMK Main Posters





We hope you made it through those amazing Powerpoints on the case for guilt introduced in the post directly below.

We have created around two dozen other Powerpoints also. Here are all Kermit’s Powerpoints and here are all other Powerpoints.

Below are summaries of some more key and very pervasive myths which you can easily spot in today’s media in the US and UK (though never in Italy) which we will nail in depth soon in other longer posts.

The real hard truths can all already be found here on TJMK if you search for them. Please feel free to email us if you need some quick guidance.

1) That Knox and Sollecito maybe face a “retrial”

Rubbish. At most they face a re-run, done properly, of a poorly managed, legally and scientifically incompetent, and highly biased first appeal. It SHOULD look like any US or UK appeal: limited, fast, focusing only on a few points, no consultants, no witnesses, no attempt to run a new first-level trial.

2) That any such “retrial” is a case of double jeopardy

Rubbish. Under Italian law Knox and Sollecito still stand accused of murder and other crimes until the final appeal court (in this case the Supreme Court) signs off, so they were NEVER found “innocent, end of story” at first appeal level. There’s no question of double jeopardy; and the exact-same rules apply in the US.

3) That Amanda Knox was forced into “confessing”

Rubbish. This is the misleading label for her framing of Patrick Lumumba. She spilled the beans fast and vociferously (and repeatedly) after Sollecito who was being interrogated in another room sold her out and said she had made him tell lies. Interrogations were short, she had an interpreter, she was not interrogated as a suspect without a lawyer, and she had refreshments.

4) That all the DNA evidence was thrown out by Hellmann

Rubbish. Hellmann (who is now edged out in disgrace) and Zanetti were not criminal judges, and this was their first DNA case. They were totally at sea. By innuendo, two consultants, illegally appointed and ill qualified, tried to make out there was possible contamination. They proved nothing. They ADMITTED Meredith’s DNA was on the big knife and that Sollecito’s DNA was on the bra clasp. There was lots of other incriminating DNA evidence outside Meredith’s door.

5) That “the” prosecutor was rogue, satanist, and out of control.

Rubbish. The lead prosecutor at trial (Mignini) is straight as an arrow and very admired, and has no interest in satanism. His work was checked by a co-prosecutor, other prosecutors, and many judges. He is in line for a major promotion, and has no dark cloud hanging over his head. The Supreme Court TWICE came down strongly in his favor in the part several weeks, and he is about to be promoted to Deputy Chief Prosecutor for the Province of Umbria.

Final warning:

Disregard everything coming from ABC, CNN, and any Seattle TV station. They are highly biased for commercial reasons, they don’t know the case, and they have essentially been serial-lying to the American public.


Sunday, March 24, 2013

In An ABC Report Did Curt Knox & Edda Mellas Just Smear The Prosecution Appeal As “Harassment”?

Posted by Peter Quennell





That headline above is actually about a statement Knox’s parents made about Dr Galati a year ago.

They may or may not have just repeated it. Watch the video here. That is a video of a report broadcast today on ABC’s morning show. The claim comes at the 2:00 minute time point.

ABC is the Knox-Mellas’s current pet poodle among the American media, and (with the brave exception of Ann Wise on their website) ABC has consistently with extreme bias reported only the Knox-Mellas side of it.

So the new claim may well be accurate.

There are already dozens of recorded instance of ABC slamming the Italian police and prosecution - in effect accusing them of crimes.  Are ABC and the Knox-Mellases really wanting to head down this slippery slope some more? Right now?

Note how the bar has been seriously raised for any false accusations of crimes by Italian officialdom in this case.

While the Knox Mellases only face a calunnia (criminal defamation) trial for a previous instance, Raffaele Sollecito is being investigated for contempt of court for allegedly illegally attempting to interfere with an ongoing legal process.

Guilt on that charge can put perpetrators away for a long time. Ted Simon, are you asleep at the switch? Et tu, Signori Dalla Vedova e Ghirga?


Tuesday, March 05, 2013

Disarray And Decay In The Pro-Knox Parade: #2 Key Knox-Mellas Flunkie Now AWOL On 2 Continents

Posted by Peter Quennell



[Click the image above for Frank Sforza’s first posts in November 2007 - scroll down for English]


Foolish False Allegations Against Italian Officialdom Sparking Increasingly Tough Legal Reaction

That was the header of our post of 19 December. This is the excerpt on Perugia Shock blogger “Frank Sfarzo” who like Bruce Fischer is unwillingly outed under his real name (Frank Sforza) and found to be exceedingly mundane. 

Sforza hides behind the name Frank Sfarzo as an intemperate and rarely accurate blogger on the case. He brings no known professionals skills to the task. He is reported to be the target of criminal charges relating to alleged abuse of the sister and mother with whom he lives. His unsavory reputation and desperate finances mushroomed openly the other day, when he was reported in personal confrontations while visiting Canada and Hawaii.

Sforza now faces a defamation suit as well, for claiming to the whole world via Doug Preston and Joel Simon of the Committee to Protect Journalists in New York that he was being persecuted by a prosecutor back in Perugia. The prosecutor was not even involved. Seems to us an open and shut case.

While on the west coast of the United States and Canada and Hawaii late last year, Sforza attracted the attention of the police in three cities.

Charges in two were dropped but he was a no-show for the court case Kermit elegantly described here. The judge issued a warrant for his arrest.

Meanwhile his legal trouble in Perugia escalated. He failed to show for court hearings in Perugia in December and January and his lawyer walked. He was to face charges of violence against the police when they were called to quell a rampage. They were called by his mother and sister.

Now Frank Sforrza has again failed to show up in court, this time in Florence, and police will be actively looking for him. This case concerns one of his craziest “scoops” which was that Mignini was in cahoots with drug dealers, whereas exactly the opposite is true, Perugia drug dealers fear Mignini and he has taken a number of them down.   

Sfrorza was initially cocksure (like Sollecito) on his return to Italy late 2012 and made taunting posts on Facebook and Fischer’s Misinformation Forum (like Sollecito) early 2013 but he has since gone very quiet and fled the internet (like Sollecito) as the deep legal trouble he is in slowly seeps in.

Back in 2007 and 2008 those of us who were here then followed Frank’s Perugia Shock postings and it was only late in 2008 that for murky reasons he jumped the shark and switched his sweaty attentions over to Amanda Knox.  Read his first posts here. Scroll down for English.

They were actually at times accurate - and he clearly did think Sollecito and Knox were up to their ears in it.  Read his headline on the last image below. On 10 November 2007 he even penned this satire.

A: Shit, my roommate is dead, do you mind if I sleep at your place?
R: Sure, so we can have another couple of joints. The guy just supplied me.
A: Greaat!
R: Hey what are those cellpones?
A: Oh, it’s her cellphones. Do you think I should hide them?
R: Give them to me… Uuuuhuuuh! (he throws the cellphones away).
A: Oh my goood, what have you done? You’ve thrown them in that garden! They gonna find them!
R: Naaa, don’t worry. My sister is Carabiniere, I know how to handle such things.
A: Hey, you should throw away your knife too.
R: What? Throw my knives away? I’m from Puglia, you know? I always have a knife with me.
I can’t believe you just said that. You know what? You better sleep at your place.
A: Oh no, please, don’t make me sleep at my place. There’s blood in the bathroom. I’ve already got my sweater dirty. I had to throw it away, can you believe it? I don’t’ wanna loose another sweater.
R: Oh right, good, ok, sorry, you can sleep at my place. By the way what happened to your roommate?
A :She made everything dirty with her blood, and then she stopped moaning about one hour ago.
R :Hey I was there with you at that time.
A: Are you sure?
R:Yes, don’t remember? We were… you know?
A: What?
R: We were having sex. Did you already forget?
A: I’m not sure.
R: Actually I’m also not sure too, now, I’m too smoked.
A: We should do something than. They’ll come to take us.
R: Naaa. Are you kidding? I’m from Puglia. There’s mafia in Puglia, you know? My sister is Carabiniere! And My father is a doctor, you know? DOCTOR! He makes a call and I’m not gonna have any problem.
A: What about me? Well, if you save me too I’m gonna give you anything you want. You can have me anytime, no problem.
R: Actually I’d prefer some joints. By the way, no problem. Now we break the window and they’ll think was some thieves.
A: What if they don’t buy it?
R: Don’t worry, I know how this things go.
A: Yes, your sister is Carabinieri. Well, anyways, I’ve sent a message to Patrick so they can still think was Patrick.
R: Fine. He’s such a perfect suspect. Now let’s go to sleep. I’ll set the alarm so tomorrow I’m calling my sister.
A: Are you gonna remember that?
R: I’ll put a note on the fridge.
A: However… Are you sure that wasn’t us to hurt her with your knife?
R: To hurt who?













Saturday, December 29, 2012

Frank Sforza Serial Defamer of Italian Justice Must Face Hard Truths Of American Justice

Posted by Kermit





This has not been a good year at all for the increasingly beleaguered Knox and Sollecito campaigns.

As interest in Amanda Knox and her case dwindles precipitately in the United States, her image handlers seem to realize that a major final push effort must be made for their final challenge to be successful: a profitable sales kickoff for Knox’s “tell-it-all” book now promised for April 2013.

At this point, the tough prosecution appeal in the case against Knox and Raffaele Sollecito for the murder of Meredith Kercher seemingly hardly interests the PR campaign, apart from any market “churn” that it can help to develop for the book..

Raffaele’s own US book promotion tour three months ago was little short of a complete disaster. On the one hand, his heated text has provided massive new defamatory material against innocent persons, and on the other he has introduced new affirmations that totally contradict his defence team’s posture throughout the murder trials.

Now, the Perugian Blogger known variously as “Frank Sfarzo”, “Francesco Sforza” and “Francesco Sforca” (real name Sforza) has been arrested and has spent time confined in Hawaii and Seattle jails, in addition to being questioned by the Royal Canadian Mounted Police in Canada. In Seattle he may face more time.

These arrests and questionings are in addition to his arrest and charging in Perugia for attacking police officers coming to investigate a complaint for alleged domestic violence phoned-in by a female member of his own family. That trial is now pending.



[“Frank Sfarzo” with his fellow serial belittlers of Italian justice, Bruce Fischer and Steve Moore]


Frank’s Canadian Caper and his Hawaiian Punch adventure were of thematic note. In one case, it was an elderly Canadian gentlemen who was acting as Frank’s host who made the phone call in the wee hours to the Royal Canadian Mounted Police, because he feared that the often scantily clad and more-and-more argumentative “Frank” was a real physical threat to him. In the other case, a woman had Hawaiian police alerted and had claimed that she was pushed around by “Frank” in the hotel where she had put him.

What is really surprising is that in both cases the victims of alleged aggressions were fervent supporters of Amanda Knox! And in both cases, the victims had given “Frank” substantial monetary gifts: $5,000 by the Canadian man, and air tickets to Hawaii by the American woman.

In both cases, the victims were followers of the absurdly named “Injustice in Perugia” blog run by the beleaguered pro-Knox Chicago-suburbs blogger Bruce Fisher/Fischer. Fischer is actually a mall store assistant and wannabe sleuth who like “Frank” makes use of more than one name in grandly presenting a faux front to the world.

Back when he claimed online to be the upscale “Bruce Fisher of New York”, Bruce carried out many nasty and in-effect anonymous attacks on individuals, mostly women, who did not share his point of view. The “Fischer of Chicago”, now exposed, continues more cautiously in public, but in his little private forum he continues to rant against anyone who doesn’t share his untethered take on Amanda Knox’s total innocence and a vast Italy-wide conspiracy. This authentic Fischer has a fairly unexotic lobbying base and Internet connection for promoting his pro-Knox cause: the suburban-mall fur-shop where he works.

Fisher/Fischer is now maintaining that the plea on his blog for the “Frank Sfarzo Fund Drive” is to help the Perugia Shock blog and not “Frank” the blogger who runs it ““ however, that’s not what the Fund Drive description says:



[Above: Amanda Knox advocate Bruce Fisher/Fischer has been a key enforcer of donations to the Perugian Blogger]


As is often the case of persons who suffer domestic physical and psychological abuse at the hands and mouth of someone they implicitly respected, it must have taken a major act of self-questioning and doubt before the Hawaiian and Canadian victims were able to make themselves step forward and decry the abuse they allegedly suffered and were humiliated by.

Both of those cases were talked about a lot on several web discussion boards. Not surprisingly, Fisher/Fischer, who has invested heavily in the particular versions of the crimes against Meredith that he promotes to “save” Knox (and, as a necessary side-effect, Raffaele Sollecito) could only try and explain/justify the Perugian Blogger’s behavior, while at the same time directly accusing the two real victims of provoking the Blogger’s “quirky” personality. Fisher/Fischer’s take on Knox and his related income stream would otherwise be at stake.

Perhaps Fischer should be more worried about the potential liability for wrong claims he makes about third parties in this case, especially those in Rome and Perugia, and about the potential for the Perugian Blogger to cause further cases and more victims of domestic violence, given the blogger’s alleged record.





In spite of the statement of “Probable Cause” by the arresting police officer in Hawaii (see image above), in the end, under a great deal of heat, charges were not pressed by the victims against “Frank” in Canada or in Hawaii.

However, what Fisher/Fischer and other pro-Knox PR assets did not reveal in what I consider to be their hypocritical justification of “Frank’s” known violence in his North American travels is that he actually had one further legal case, still going forward in Seattle at this date.

It started to receive public scrutiny only when it was unearthed by Internet commenters on the pro-victim side.

Following his problems in Canada and Hawaii, on November 27 “Frank” was arrested yet again, in Seattle, after allegedly having a physically violent encounter with the persons with whom he had arranged a room when he returned to Washington State after his disastrous emergency exit from Hawaii. He spent over 24 hours in a Seattle jail before being bailed out thanks to donated funds.

The Seattle police report concerning this most recent incident and the arrest of “Frank” states thus:

“(VI ““ Victim1) said that he was sitting on the couch talking to the District Attorney’s Office when S/Sforza became agitated and slapped the phone out of his hand. S/Sforza then jumped on top of him and punched him in the face approximately four times. V I was able to push S/Sforza off of him and stand up but S/Sforza pushed him back on the couch causing pain to his right shoulder. S/Sforza then jumped on top of V II (Victim 2) and began slapping in the face and scratched him on the temple. While V II struggled to get away he scraped his left knuckle but was able to get to his room. While in his room he grabbed his phone to call 9-1-1. As he was walking out of his room S/Sforza tried to push him back in the room and grabbed him by the throat using both of his hands. S/Sforza then left the house and 9-1-1 was called. V II had a visible red scrape to his right temple, a visible scrape to his left knuckle and redness around his neck. Both victims declined medical attention at the scene.

[ed note. Sforza called 911, informing police that he would meet them] ... at 36th Ave W and W Mcgraw where he said he would be waiting. S/Sforza said that both V I and V II had been giving him a hard time since he returned from his trip. He said they told him that he wasn’t able to leave his room. He stated that V II had tried to force him to leave the house and choked him. S/Sforza did not have any visible signs of assault and did not have any redness around his neck. S/Sforza said the police were called to the house yesterday for a disturbance. A report was written on that incident (12-403658).

S/Sforza was placed under arrest and transported to the West Precinct… Persons took pictures of the injuries to V II and sent them for processing to the SPD Photo Lab via the Digital Evidence Management System (DEMS). 2 Domestic violence Supplemental forms were completed by Officer… S/Sforza has a passport from Italy and requested Consular notification.”

“Frank” has hinted in online conversations that he may be coming to Seattle for the purpose of celebrating New Year’s Eve. He has even gently jibed Amanda’s co-murder suspect (pending final appeal) Raffaele Sollecito for not being sure if it’s worth it to go to Seattle for just a few days at year’s end:





However, if The Perugian Blogger, a man of at least three aliases and now a number of arrests relating to domestic violence, is going to be in Seattle on December 31, it will actually be because he has a court hearing on New Year’s Eve for two counts of Assault 4 ““ Domestic Violence. 

This time, it seems that the alleged victims won’t hold back or be humiliated into letting the crime go unchallenged and have the charges withdrawn.

“Frank” has been a central figure to the pro-Knox forces ever since a few months after the murder of Meredith he decided instead to advocate for Knox in conjunction with other elements of the Knox PR campaign. This was a shocking and sudden 180 degree U-turn for someone who had up until then been strongly pro-Meredith and favorable to the prosecutor. Mr Mignini, on the case.

What incentive did he have to make such a rapid, stunning, radical change? Leaving many former followers behind?

I don’t know, but do note that nobody can account for how he paid his bills these past 4 years since he claims that no Italian media buys his articles. With “Frank” seemingly living off of the kindness of others and/or the PR campaign, and seemingly not having a particular long-term address of his own… Does the term “drifter” come to mind?

In time, the integration of “Frank’s” Perugia Shock blog with the Knox PR campaign was openly evidenced ““ before its current aesthetic makeover after it briefly was forced down ““ by the incorporation of key Knox lobbyist Jim Lovering into the blog credits thus:



[Above: Will “Frank’s” campaigner colleague and local resident Jim Lovering appear in court next Monday to support him?]


The Perugian Blogger has been useful to the pro-Knox campaign. In spite of American thriller novelist Douglas Preston’s strange affirmations that Italy has been coming over to Amanda’s side in her legal battle, the truth is that few non-American and specifically no Italian faces have come out strongly in favour of Knox, except for her own lawyers of course.

“Frank” quickly became a local enabler for the Knox-Mellas clan in Perugia, helping out with the most mundane activities, from revealing secret insider “knowledge” or “facts” on his blog, to babysitting the younger Knox-Mellas girls, or involving the girls in paid-for photo shoots.

In return, he was often referred to in pro-Knox circles as a “journalist”. This faux title was certainly a step up from “Frank’s” prior life of maintaining a website dedicated to selling truffles or capitalizing on the Italian version of Who Wants to be a Millionaire.



[Image above: “Frank” before Meredith’s murder: a mundane life of waiting for his 10 minutes of fame]

.
Following Meredith’s murder, and with the Knox-Mellas clan desperately in need of a facilitator for their everyday logistics in Perugia, “Frank” became their handyman and, in time, almost part of the Knox-Mellas clan.



[Image: Perugian Blogger “Frank” and Chris Mellas, Amanda Knox’s stepfather.]


“Frank”, however, was not merely a passive enabler. He asserted himself, and he pushed his envelope of fame and ownership of knowledge, even though he was mostly a receiver of the tidbits of information the Knox-Mellas clan would throw him when convenient.

His particular claim to “ownership” of information given to him got to the ridiculous point of claiming copyright to court documents that he received and posted on his blog. Court officials might find that pretty cheeky!





The official image of the knife later resurfaced in a great video by ViaDellaPergola here.

It seems that befriending “Frank” became the “in” thing to do, for a brief moment anyway, with many FOA-types and Knox Entourage hangers-on. He must have seemed quite exotic, and also, surprisingly, on their side. After all, the rest of Italy was clearly not.

Bruce Fisher/Fischer the blogger and Knox lobbyist has increasingly isolated himself in supporting “Frank”, and has been working around the clock to justify “Frank’s” string of domestic violence arrests and police questionings, after having published and vouched for “Frank’s” need for financial assistance.

Will Fisher/Fischer and Steve Moore continue to befriend and support “Frank” the blogger? Moore once stated that he would trust Amanda Knox as a roommate to his own daughter. Would he trust “Frank” to spend time alone overnight with his own daughter, now that Moore is aware of Frank’s arrest record for domestic violence? Does he approve of “Frank’s” way of living “¦ is it simply “”˜Frank’ being “˜Frank’”, or something that a father might be worried about?

Another of “Frank’s” close confidantes in the US has been Candace Dempsey, a person with a personal food blog on the Seattle Post Intelligencer website who hastily erased most of her culinary blogging past in order to get on with her new found life as a pro-Knox writer.



[Food blogger Candace Dempsey has attempted to recycle her professional focus in parallel with “Frank”]


Dempsey continues to dedicate herself ““ for the moment at least ““ to writing about Amanda Knox’s involvement in the Meredith Kercher murder case from a pro-Knox point of view.  Will Candace be at Frank’s hearing in the Municipal Court of Seattle on December 31? It would be a fine way of supporting someone she has shared so much fellowship with.

Followers of Meredith’s murder case all remember how Dempsey’s man-in-Perugia “Frank” stalwartly supported her affirmation that it would have been impossible for Amanda and Raffaele to stake out any movements of persons entering or leaving the cottage following Meredith’s murder, due to the entrance to the cottage grounds supposedly not being visible from the Piazza Grimana “¦ in spite of every eye-witness observation and evidenciary photo to the contrary.

Another pro-Knox asset who has been supportive of “Frank” in many ways is Seattle’s King County Judge Michael Heavey. Heavey once received a stern official reprimand for sending, on State of Washington stationary, private accusations of judicial negligence to Italian authorities, where he accused Prosecutor Mignini of grave mismanagement of the Meredith Kercher murder investigation, without providing any evidence to support his wild and defamatory claims. Heavey continues his pro-Knox support in a vocal manner, with appearances at university forums that are prepackaged to support Knox, or speaking at local Rotary Club meetings (luckily we saved the video).



[“Frank” the Perugian Blogger and host Judge Michael Heavey pose together.]


Will Judge Heavey be present at “Frank’s” hearing for charges of domestic violence on December 31? Will he use his good offices to help Frank bear the state of Washington’s justice in the lightest manner possible?

Anti-Mignini novelist Douglas Preston, a patron funder of the Committee to Protect Journalists (CPJ), appeared (how coincidental) in a strange CPJ open letter to the world by Joel Simon to Italian authorities, complaining that a mysterious police squad that supposedly reports to Prosecutor Giuliano Mignini had beaten up “Frank” and had him arrested on trumped up charges.



]Novelist Douglas Preston ““ now a self-described “point-of-view journalist”]


Preston was a central source in a Committee to Protect Journalists (CPJ) open letter which transformed the domestic violence complaint of a female member of the Perugian Blogger’s family into a case of harassment by Prosecutor Giuliano Mignini. It’s hard to make up crazier tales, yet the CPJ stands by the unsubstantiated claims fed to it.  In most jurisdictions that’s called defamation.

Now is a good time for the CPJ’s Executive Director Joel Simon to show his face and admit his embarrassing error by recognizing that “Frank’s” arrest for violence against police officers in Perugia while resisting arrest was under the responsibility of Prosecutor Paolo Abbritti and his team.

Mr Mignini who “Frank” and Preston and Simoin smeared globally had no role at all and may well have not even have known about it. “Frank’s” domestic and anti-authority violence in Italy is consistent with his domestic violence related arrests in North America.

No one, not even CPJ’s Joel Simon could ever have seriously considered that the provincial civil servant Mr Mignini has a private goon squad of rogue policemen who report to him and beat up persons on his request.

By recognizing his error, Joel Simon would be making a positive gesture to classic journalistic standards (not gonzo point-of-view journalism standards) of correcting errors, and he would also be doing a great service to victims of domestic violence around the world. Joel, I ask you please to finally do what is right, and not what a financial benefactor of your organization wants you to do.





It is also important to hear what Preston’s response if any is to “Frank’s” current legal woes in the US. So far, no word from him. Will Preston continue to see the long arm of Mignini in all these arrests? Or will he distance himself from a person Preston considers a fellow “point-of-view journalist” in the Meredith Kercher case?

Preston recently contacted this writer, saying he was writing an Afterword to a book by Mario Spezi about what he calls the “Amanda Knox case”. He said this chapter would be dedicated to the key online players on both sides of the case. (Preston was first invited, see here and here and here, to correct some of his previous error-laden work.)

There is probably no other online personality more prominently associated with the Amanda Knox PR campaign than the blogger who goes by the nickname of “Frank Sfarzo”.

If Preston can’t make it to Seattle to support “Frank”, I guess we will have to wait for his new Afterword in Spezi’s book or his magazine article to catch his angle on “Frank’s” travails with the law, or at least what he thinks about “Frank” after they appeared together in the CPJ open letter - after which, Preston wrote some vigorous followup emails about the CPJ’s open letter concerning “Frank”.

If it had not been for Preston the fictionalist and “Frank” the recycled truffle blogger, there would have been no inaccurate and highly unfair demonizing of Prosecutor Mignini, and that would have taken the air out of Bruce Fisher/Fischer’s own very nasty campaign.

In addition, the pro-Knox books written by would-be opinion benders Nina Burleigh and Candace Dempsey would have been very different or impossible to develop as they are.

It goes on and on. The list of pro-Knox PR assets who have used “Frank” in their own particular contributions to Amanda’s cause is extensive.  Will any of them be in Seattle Municpal Court [image below] with the Perugian Blogger this Monday at 10:00 am?





A pro-Knox commenter who goes by the penname of “KayPea” is trying to rally the pro-Knox troops who are now starting to back off in a very natural manner from “Frank” and the string of domestic violence incidents that “Frank” seems to have been involved in. On the “IIP” blog, she exhorts them to remain in the fold. If we believe her, she is speaking for herself - and remarkably, also the Knox and Mellas families:

“several of you good people [she’s referring to pro-Knox readers] seem to be trying to make up your mind about Frank’s credibility as the author of Perugia Shock as it is juxtaposed on his personal life and this crazy mess with Bettina, Peter and the nutters at the boarding house [ed note: these are respectively the pro-Knox Hawaiian, Canadian, and Seattlietes who are now non-grata “¦ it seems that if you want to make sure that you are allowed to be a groupie, don’t let yourself to get into a situation where “Frank” the Perugian Blogger can abuse you].

Please know that the people who know him the best, Amanda’s family and friends, have been at his side throughout the past few months. COME. WHAT. MAY. They, and I, accept all of Frank’s personality quirks ...” (IIP, 27/12/2012)

However, the owner of the blog, Bruce Fisher/Fischer, seems to be trying frantically to isolate the impact of “Frank’s” “personality quirks” on the IIP emporium. Fischer has stated thus:

“lets lay this out in simple terms. Amanda and Raffaele are free. Nothing that happens in Frank’s life at this point has anything at all to do with anything that took place in the past with regard to the case. Nothing happening in Frank’s life has anything at all to do with Meredith Kercher.”

(Bruce Fisher/Fischer ““ IIP blog ““ 27/12/2012)

It’s as if Fischer in his surreal bubble is claiming that “Frank” never really ever existed. Never fought tooth-and-nail for years to deny Meredith and her family their justice.

If I were “Frank”, I would be thinking that maybe not very many of my once long list of FOA friends will be showing support during the New Year’s Eve court appearance.

Will they be joining him for drinks later after the court hearing is done? Or maybe further contact would put them at risk of being pushed into being the next “Bettina” or “Peter” in Canada, more victims of domestic violence.

Does anyone reading believe any longer the wild, uninvestigated claim of Douglas Preston’s friends at the CPJ? That the Italian Prosecutor Giuliano Mignini was behind the complaint placed by female members of “Frank’s” family in Italy? Which eventually led to his arrest there after attacking police officers?

Or is that simply another falsehood from the pro-Knox PR myth factory?

Domestic violence is a terrible, terrible issue in our society. We should never try to explain it away, or blame the victim or any third parties who had nothing to do with the violence.  To do so only degrades the victim, and distances yet further the perpetrator from correcting his criminal behavior.

Let’s hope that if someone shows up at the Perugian Blogger’s court hearing this Monday December 31, even if all of his erstwhile FOA friends have disappeared, that victims of domestic violence are there with true supporters, demonstrating that they have no fear of decrying this degrading, despicable criminal behavior.





Final question. Will the Knox-Mellas families really continue to support Frank? Will they let him stay at their homes? Would Amanda let him sleep at her apartment or even visit without her boyfriend or anyone else present?

In fact will any of the Knox-Mellas clan members be at “Frank’s” court hearing at the Seattle Municipal Court at 10:00 am this Monday December 31?  In particular, will Amanda be there? Or does Frank, as is rumored, have her freaked?








Wednesday, December 19, 2012

False Allegations Against Italian Officialdom Sparking Increasingly Tough Legal Reaction

Posted by The TJMK Main Posters





David Marriott? Chirs Mellas? Doug Preston? Curt Knox?

Maybe none of the above. But whoever came up with the hairbrained idea that a pedal-to-the-floor assault on the officlals handling the case would lead to a tranquil outcome for the accused was maybe not thinking very well on that day.

The Italian System

We have gone over the impressive characteristics of the Italian justice system again and again. It is THE most popular and trusted institution in Italy - and by a wide margin.

It is a very fair, carefiul and painstaking system, staffed by well-trained professionals all the way up from cops through investigators through prosecutors through judges through the Supreme Court to the President of the Italian Republic himself.

The Italian system may be the least likely justice system IN THE WORLD for rogue police or rogue prosecutors or rogue judges to hijack it and bend things their way. Even ex-PM Berlusconi tried but his charges still plague him.

Prosecutors again and again see their cases tested in front of administrative magistrates, and those magistrates make all of the decisions. Everything is very public, and judges explain how they decided (ask a typical US or UK jury to do that!) and how they arrived at their theory of the crime.

In the Perugia case the judge for Guede developed one theory of the crime, the judges for Knox and Sollecito at trial a second, and the the judges for knox and Sollecito at first appeal a third. In fact none of them swallowed the tentative prosecution theory wholesale, though many of our lawyers found it quite sound.

Those Who Attack

Now we have three Italians either already facing charges or soon to face charges - Mario Spezi, Frank Sforza and Raffaele Sollecito, each in several suits. These are in addition to the three Americans who have already been charged - Amanda Knox, Edda Mellas, and Curt Knox.

So the present total is six.

Mario Spezi

Spezi is the Italian sleuthing partner of the American fictionalist Doug Preston who for his uninvited interference in what was an ongoing police investigation of the Monster of Florence case has faced legal woe after legal woe in recent years.

Spezi has already lost one defamation suit to the former MOF investigator and prominent novelist Michele Giuttari, he must in February face another, and he may have to face up to another half dozen more after that. We don’t expect Spezi’s losing streak to end any time soon.

Frank Sforza

Sforza hides behind the name Frank Sfarzo as an intemperate and rarely accurate blogger on the case. He brings no known professionals skills to the task. He is reported to be the target of criminal charges relating to alleged abuse of the sister and mother with whom he lives. His unsavory reputation and desperate finances mushroomed openly the other day, when he was reported in personal confrontations while visiting Canada and Hawaii.

Sforza now faces a defamation suit as well, for claiming to the whole world via Doug Preston and Joel Simon of the Committee to Protect Journalists in New York that he was being persecuted by a prosecutor back in Perugia. The prosecutor was not even involved. Seems to us an open and shut case.

Raffaele Sollecito

Sollecito still stands accused in Meredith’s death unless and until the Supreme Couirt signs off. It may not do that any time soon.

Flowing from his new book, Sollecito will apparently face a ton of defamation woes in the next few weeks. These may come to ensnare his defense team (who are credited with helping put together the book) and his shadow writer, his Seattle supporters, and his publishers Simon & Schuster of New York.

Our emerging book corrections page shows how riddled with wrong claims we find Sollecito’s book. We estimate up to 300 wrong claims.  If and when Sollecito sees all the defamation charges filed, we will know from court filings who among Italian officialdom claims passages in the book defame them.

What Next?

Maybe the cases against these six could eventually all dry up and then there will be no more. But we sure wouldn’t lay any bets. Do an Internet search and you’ll instantly turn up plenty more defamatory idiocy. Many media sites may be very vulnerable and may be sued to retract and pay up.

Italian anger is riding high - and it sure ain’t against the prosecutors or cops.


Tuesday, October 23, 2012

How Doug Preston’s Wrong Claims In His MOF Afterword Were Often Contradicted In The Past

Posted by The TJMK Main Posters



[Above: Said to be Doug Preston’s nice workshop in coastal Maine where he apparently makes his stuff up]


This is our own “afterword” to Kermit’s Powerpoint post below on Preston’s Afterword in which Kermit quoted original sources to back up all his claims.

Our profuse quoting of original sources, including many translated ONLY by PMF and TJMK from the original Italian, is what gives PMF and this site such strength as points of reference used regularly by media on both sides of the Atlantic.

Preston doesn’t really seem to be able to provide references for his own work.

In his deeply anti-Italy MOF book, he offers no bibliography, no footnotes, no overview of key documents, few sourced quotes, and interview quotes that often seem stretched and maybe flat-out wrong (as with the one with Madame Bene in the Afterword, about the claimed non-investigation of the screaming drug addict in the square). 

In a rather self-congratulatory comment Preston posted on the CPJ website 18 months ago, he claimed this.

Before publication [The Monster of Florence] was minutely vetted by no less than five attorneys in two languages in Italy, the U.K., and the United States. Since publication, it has been read by millions of people in many European languages. In all that time, and with all the millions who have read the book, not one significant error of fact came to light. Mario Spezi and I stand by every single assertion of fact in that book today just as strongly as we did when it was first published three years ago.

Really? Well, without sources to check, what exactly did all those lawyers do?  The Afterword claims were published only in English, so that very few Italians who do know Italy and the case ever got a chance to provide alternative points of view - a few did, though, and there are several sarcastic Italian reviews on Amazon. In Italy, the more credible Guittari version outsells it 10-to-1. 

Preston’s lurid and under-researched claims then of course went viral.

You can see his claims about Rudy Guede and the “14 hours” interrogation and the meanie Mignini and junk Italian reporting and the incompetent Italian justice system and anti-Italianism generally disseminated all over the web. Read things by Candace Dempsey and Nina Burleigh and Michael Heavey and Saul Kassin and Bruce Fischer and Nigel Scott and Joel Simon and you will see the Preston claims parroted there.

Even in Raffaele Sollecito’s book we are turning up some of the claims!

And yet literally dozens of correct statements of fact that contradict Preston’s MOF Afterword have been posted on PMF and TJMK and other sites and in various books over the past four years. These are just a few on the 14-page Afterword posted on this site alone.

1) Contradicting Preston’s claims about the incompetence of the Italian System.

    Click “They Were Held For A Year Without Even Being Charged!!”

    Click Why The Italian Judiciary’s Probably Less Prone to Pressure Than Any Other In The World.

    Click Why The Prosecutors In Italy Are Relatively Popular.

    Click The Chief Enforcer Of The Constitution And The Rule Of Law is Wildly Popular Throughout Italy.

    Click Italian Campaigner For Victims And Their Families Says The System Is Denying Them Justice.

    Click A Token Balance In The Italian System: The Voice In The Court For The Victim

    Click Compared To Italy, Say, Precisely How Wicked Is The United States?

    Click Why The Totality of Evidence Suggests Knox And Sollecito Are Guilty Just As Charged.

    Click An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation


2) Contradicting Preston’s claims about the Knox “14 hours” interrogation

    Click Our Take On The Case For The Prosecution: #3 Raffele Sollecito’s Multiple Conflicting Alibis.

    Click Our Take On The Case For The Prosecution: #4 Amanda Knox’s Multiple Conflicting Alibis.

    Click This Testimony Does Not Seem To Have Gained Much Traction Here In Italy.

    Click Italy Shrugs: Why The Defendant’s Testimony Seems To Have Been A Real Flop.

    Click Dr Galati: Note An Example Of How Curt Knox’s Campaign Is Misleading American Experts And Audiences.

    Click Dr Galati: Attacks On Prosecution By Curt Knox’s Hatchet Men Becoming Shriller, More Fictional #1


3) Contradicting Preston’s claims about Rudy Guede and his central role in the events

    Click Understanding Micheli #2: Why Judge Micheli Rejected The Lone-Wolf Theory.

    Click A Visual Guide To The Staged Break-In Via Filomena’s Window.

    Click Powerpoints #6: Trace Evidence Seems To Confirm More Than One Perpetrator At Scene.

    Click Powerpoints #7: Forced Entry Via Filomena’s Window Fails The Giggle Test.

    Click Powerpoints #10: Telling Evidence Against Sollecito The Experts Seem To Have Got Absolutely Right.

    Click Powerpoints #12: The Telling Case Of The Doctored Footprint

    Click The New 80,000 Pound Gorilla In The Room Introduced By The Italian Supreme Court of Cassation.


4) Contradicting Preston’s claims about the large knife and DNA in the house

    Click Understanding Why The DNA Is On The Knife.

    Click What We Believe Are The Hard Facts On The Double DNA Knife.

    Click Setting Out What We Know About The Mixed Blood Evidence Samples From The Massei Report.

    Click Conti-Vecchiotti DNA Review Is Weak, Tendentious, Cites Non-Existent Standards

    Click An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation


5) Contradicting Preston’s claims about an evil Mignini and satanic illusions

    Click BBC Interview: Mignini Comes Across As Fair, Decent, Funny, And Quite Sane.

    Click Prosecutor Mignini Offers Some Helpful Advice To A Factually Challenged Reporter

    Click New Mignini Interview Makes Doug Preston Look Increasingly Incompetent And Vindictive.

    Click What His Florence Conviction Means For Giuliano Mignini And The Case.

    Click That Widely Watched LA7 TV Interview With Giuliano Mignini

    Click Open Letter To CNN Head Ken Jautz: Reports As Terrible As Drew Griffin’s….

    Click Full CNN Interview With Mignini That CNN SHOULD Have Reflected

    Click Mignini’s And Giuttari’s Florence Convictions Are Overturned As Florence Court Had No Jurisdiction.

    Click Dr Galati: Please Check Out What Looks Like A Mischievous Defense-Inspired Global Hoax.

    Click A Ten Part Series Showing How Mignini Was Misrepresented By Preston, Sforza and CPJ.

    Click Powerpoints #13: We Now Examine The Compelling Evidence For The REAL Railroading From Hell

Saturday, September 22, 2012

CNN’s Jane Velez Mitchell Has A Nervous Sollecito And Then TWO Guests Who Think He Did It

Posted by Peter Quennell



A lively debate! CNN Headline News tonight around 7:30. No “I wuz beaten up by meanie policemen” claims this time by Sollecito.

Mistakes were made by all the speakers, but super-lawyer Wendy Murphy and the crime blogger Levi Page gave the case for guilt their best shot. Even the third commentator thinks the timing of the book is insane.

Wendy Murphy didnt know about the Meredith book, but it was published only in England and transgressed no Italian law. She did vigorously get across just how much evidence there is, and not for the first time. See her tough article here and tough interview here where she assesses Knox as dangerous.

Jane, Mignini is NOT in a ton of trouble and never was. No satanism, repeat, no satanism. Your senior CNN colleague Nancy Grace believed Knox did it. Your CNN colleague Drew Griffen set Mignini up. See here and also here.

There were no leaks - at least not by Mignini. He never leaks. There were no tabloids, at least not in Italy. The only 2-3 were in the UK, and they affected no jury. There was no invented Foxy Knoxy - that was her own Internet presence.

Sollecito couldnt get his story out? But he maintained a code of total silence for four years - could THAT have been the problem? And Sollecito did NOT support Amanda’s alibi - he sold her down the river in a heartbeat when a policeman looked at him funny (kidding - just a little).

And what’s with your squealing, Jane?! He isnt THAT adorable. Not if you are at the wrong end of a knife.


Thursday, September 20, 2012

Dr Galati: Here On American TV Tonight Raffaele Sollecito Apparently Commits Felony Defamation

Posted by Peter Quennell



Right now, Raffaele Sollecito, an Italian, is swanning around the United States with the apparent sole purpose of making his home country look bad.

As he is still accused of murder and other felonies until the Supreme Court signs off on the case, and accused felons are normally never allowed to enter the US by Immigration, it seems Sollecito could be here in the US illegally.

This video above was recorded from the Anderson Cooper news program on CNN at 8:45 pm tonight.

Here Raffaele Sollecito claims to have been abused and threatened by interrogators and claims that the same thing happened to Amanda Knox. He implies that he held out for hours, and that Knox was interrogated for 10 hours.

This seems to our lawyers precisely the same kind of invented malicious claim against interrogators which has resulted in both Amanda Knox and her parents being sued for felony defamation (calunnia) by police officers present when she was interrogated.

We know that both Sollecito’s own father Francesco AND HIS LAWYER Mr Maori have just indicated on national Italian TV that Sollecito was lying when he made this and other claims in his book. He has zero evidence to prove it, and he cannot point to anyone who abused him.

Sollecito had more than four years at trial and appeal and on national TV and privately with his lawyers to lodge such charges of abuse - and yet he never did. Not once did he ever advance them even though they might have got him off.

He did not even mention it in his nationally televised interview in Italy soon after he was released. He had to come to America to start making it - as blackmail, to make the Knox forces get him a resident visa?  .

What do we believe really happened?  This is from our July 2009 post on Sollecito’s many alibis.

Sollecito was asked to return to the police station on 5 November to answer some more questions. He was at that time confronted with telephone records that proved that he and Amanda Knox had lied previously.

So for his third alibi, which now cut Amanda Knox loose and implicated her, Sollecito claimed that he was at his apartment all evening, and that for part of the evening Knox was out, from 9 pm to 1 am.

In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies…..

Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8.30 or 9pm.

At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”

He goes on to say that Amanda returned to his house at around 1am and the couple went to bed, although he couldn’t remember if they had sex.

How did things proceed from there? Did Sollecto or his lawyers claim that he had been tricked or abused into a “confession” ? No…

This third alibi was undercut by Amanda Knox when she took the stand and testified. She stated that she was with Sollecito at his place all night.

It was also contradicted by the forensic evidence presented by the prosecution: the four separate pieces of forensic evidence that placed him in the cottage on Via Della Pergola on the night of the murder.

This third alibi was also undermined by the telephone records and by the data taken from his computer.

Sollecito claimed that he had spoken to his father at 11 pm. The phone records showed that to the contrary, there was no telephone conversation at this time, though Sollecito’s father had called him a couple of hours earlier, at 8.40 pm.

Sollecito claimed that he was surfing the internet from 11 pm to 1 am. Marco Trotta, a police computer expert, testified that the last human interaction on Sollecito’s computer that evening was at 9.10 pm and the next human activity on Sollecito’s computer was at 5.32 am.

Sollecito said that he downloaded and watched the film Amelie during the night. However, Mr Trotta said that the film had been watched at around 6.30 pm, and it was earlier testified that Meredith returned to the cottage she shared with Amanda Knox at about 9 pm.

Sollecito claimed that he had slept in until 10 am the next day. There was expert prosecution testimony that his mobile phone was actually turned on at 6.02 am. The Italian Supreme Court remarked that his night must have been “sleepless” to say the least.

This alibi was undermined by the eyewitness Antonio Curatolo, the watcher in the park above the house, who testified that he saw Sollecito there.

From 2007 to 2011 Solleceto was rather notorious for NOT reaching out to Amanda Knox during trial and appeal and for NOT fully supporting her alibi. He has never retracted the statement that she was absent from his house from 9:00 pm to 1:00 am on the night Meredith was murdered.

This may be giving the Knox-Mellases some grins. They despise Sollecito, and they know full well of his treachery toward Amanda during trial when his own lawyer Bongiorno repeatedly blamed Knox (scroll down). They are presumably appalled at his loose lips and dishonest book which mess with her own prospects. . 

the book’s title is a living lie. There is nothing honorable about him. And he is acting treacherously and cowardly toward his own country.


Friday, September 14, 2012

Questions For Sollecito: Katie Couric, Push Back Against Sollecito’s Bluster And False Facts #1

Posted by The TJMK Main Posters





Last Monday at 3:00 pm in the ABC TV1 studio on West 66th in New York city, Katie Couric launched a one-hour talk-show which will run five days a week. Next tuesday she will interview Raffaele Sollecito.


Who is Katie Couric?

In the fifteen years leading up to 2006, Katie Couric was a lively, bright and often very funny morning-show compere on NBC’s Today show . In 2006, she switched to CBS, to become the first woman to anchor the evening news. She also did a number of interviews for CBS’s 60 Minutes airing on Sunday nights.

In those years, she cultivated the broadest range of interview styles of anyone in American TV. Many of her interview questions are sympathetic puffballs. Her own husband died of cancer in 1998 when he was 42 and she 41, with two daughters not yet in their teens, so she relates unusually well to guests who have had tragedies in their own lives.

At other times, though, she can be as tenacious as a tiger. In 2008 she did a series of interviews with Sarah Palin, the Republican vice-presidential candidate, in which Palin looked far from ready for prime time. Palin and John McCain, the presidential candidate, lost the election to Barack Obama and Joe Biden by a substantial margin.

Some still blame Couric for asking Palin the few “gotcha” questions which stumped her, though in general it is accepted that Couric helped to show up somebody too misinformed, strident and shoot-from-the-hip to be a president-in-waiting. A recent movie version confirmed this.

So which Couric will viewers see weekdays on ABC? The puffball thrower, or the tiger? Almost certainly a bit of both, for ABC hope it is this danger and uncertainty in Couric’s interviews that will drag millions of viewers in daily. 


The Sollecito interview next tuesday

For Katie Couric, this represents a good opportunity - she could really make news here - and maybe something of a risk. The risk comes only if she is briefed only by the Knox-Sollecito PR people and the book agents and book publishers that handle Sollecito.

She may leave her millions of viewers only dimly aware of Sollecito’s true legal status, and presuming that both Sollecito and Knox are off the hook, and that there is “no evidence”, and that those meanie Italians have done something really nefarious.

All of the media reports on Sollecito and Knox this past week that said “they were acquitted” have it seriously wrong.

This is merely the interval between the second act (the first appeal of 2011) and the third (the Supreme Court appeal 0f 2013) which will start playing out on 23 March. There could be several more acts to come, maybe including a complete repeat of the first appeal, which the Supreme Court has not hesitated to insist on before.

Meanwhile, Sollecito’s correct legal status under Italian law (along with that of Amanda Knox) is that he still stands accused of murdering Meredith, until the Supreme Court signs off on a verdict.

The risk for Couric is that if she does only a puffball interview, and allows herself to be snowed by the dishonest PR and in effect turned into yet another shill, she could come down on what could soon emerge as the losing side, and helped build sympathy for a killer. 

We just saw the perfect example of this. A senior psychology professor at the John Jay College of Criminal Justice, less than 10 minutes walk from ABC’s west-side studios, swallowed the PR line on Knox and Sollecito without the slightest checking. You can read his sorry story here and here.

Since then, only an embarrassed silence.

This is a 20 point road-map of the Perugia case for the Couric people and any new readers that her show sends to TJMK and PMF. Post (2) will have some really tough questions, which Sollecito can be expected to flunk.  With luck, these posts will turn Couric & company into tigers. Enjoy the hot seat, Sollecito.


1. Sollecito is not the real victim in this case

While Couric’s predecessor Oprah was snowed by the PR 18 months ago, she did to her credit remember Meredith, and closed with a huge photo of her that lingered. This is the real Meredith as an in-memoriam post described her. 

Meredith really hit the ground running in Perugia. She had dreamed of it for a long time.

She bonded immediately with her two nice Italian flatmates, who were both working in town, and soon with the neighbors downstairs. Within days she had an “instant crowd’ of the girls from Leeds and other UK universities.

She liked the house, liked the clubs, liked walking Perugia, liked the culture and the fun festivals in Perugia. Her first encounters with her new boyfriend downstairs, an Italian musician, were said to be shy and sweet.

And she was focused and already working her tail off. She had won a well-funded Erasmus grant and although she wanted to work a little, she had no worries about money.

She arrived with an excellent command of Italian after two years of hard study at the European Studies school in Leeds, and at the Università  per Stranieri she was clearly going to excel.

She was also studying politics and economics at the main university, which was very close, and she seemed set to go very far. her eyes were already on the powerful international bodies in Brussels.



2. Italy’s excellent justice system is very pro defendant

Prosecutors have to jump through more hoops than any other system in the world. Major errors and framings of innocent parties never make it through to a final guilty verdict. Please read here and here.

Proportionally Italy has only one-seventh the murder rate of the US and proportionally less than one-twentieth of the prison population of the US. Hardly a justice system out of control. .


3. Meredith’s murder was a cruel and depraved act

Although a key trial session on the barbaric 15-minute struggle with Meredith was closed to the public Italians know how cruel and depraved it was and how it HAD to have involved three attackers.


4. The case was well investigated and well prosecuted

The investigation and crime-scene analysis resulted in a very powerful case at trial as that long series of Powerpoints brilliantly summarises

The judges’ reasoning was brilliant and precise and showed NO media influence, NO satanic theory, NO desperate prosecutor, NO rush to judgment, and NO hint that it had all been inspired by Knox’s and Sollecito’s quirky callous behavior after Meredith died - that behavior by the way suggested they enjoyed toying with the police until they were finally arrested.

They were convicted based on clashing alibis, autopsy evidence, blood evidence, footprint evidence, cellphone evidence, computer-use evidence, eye-witness evidence, and so on and on. Quirky callous behavior (which did happen) was barely on the radar at trial.


5. Knox and Sollecito were never cross examined at trial

Had they been, they would almost certainly have collapsed almost instantly - as Couric hopefully will find out.

Instead, the defendants made repeated unchallenged statements to the court, as the Italian system allows, many highly self-serving, and when Knox took the stand only to explain why she fingered Patrick Lumumba, prosecution questions were highly hedged by prior agreement.

These are among the many dozens of open questions (more for Sollecito in our next post) which the defendants have still never confronted.



6. This was no lone wolf crime by Rudy Guede alone

After a fatuous failed attempt by a defense attorney to have a tall athletic staff member climb through Filomena’s bedroom window the defenses NEVER EVER argued that Guede acting alone could have done it.

They simply ignored the evidence of a rearranged crime scene in that bedroom and at appeal introduced TWO conflicting witnesses Mario Alessi and Luciano Aviello to try to show other people were involved. Both collapsed under examination.


7. Investigative and prosecution staff performed just fine

Curt Knox’s campaign and American media have carried out what looks to us like the real frame here, that of claiming (only in English) that the police and investigators and prosecution were corrupt or incompetent or driven by Satan.

NONE of this conspircacy theory is believed by anyone in Italy who knows about it. Police and investigators and prosecution had every chance to explain themselves (in Italian) in the court and newspapers and on TV. Read here and here and here and here.


8. The “guilty” trial outcomes convinced more than Italians

With few exceptions Italians continue to regard Sollecito and Knox as guilty. No wonder he is so desperate to get out of the place. He was never ever very popular there, and prior to Meredith’s murder he came across like a perverted loner with a drug habit who needed constant supervision by his father.

In 2008 when Sollecito was being transported to Verona University for an entrance exam in virtual reality (which he failed) he was yelled at by an angry crowd when the police van stopped at an autostrada service area for a restroom break. He was bundled back in and the police van took off in a hurry. 

The entire officialdom of Perugia holds a pro-guilt view. Umbria’s chief prosecutor Dr Galati holds this view. Relevant officials in Rome all hold this view. Probably 95 percent of the interested Italian population hold this view. The vast majority of Italian journalists hold this view. The Rome-based foreign reporters all hold this view.  A large if unknown fraction in the UK and US populations hold this view.

Behind the scenes in the NYC media a majority seem to hold this view. Some of the publishers who were offered the books hold this view.  Hillary Clinton and the ambassador in Rome seem to hold this view. Many lawyers and even judges who read here hold this view. Even Knox’s and Sollecitos lawyers at trial in 2009 seemed less than firm believers in them.

Even some who knew Knox and Sollecito from way back in childhood in their home towns were unsurprised when they were first arrested and locked up in November 2007.


9. Both families face trials for attempted subversion of justice

While suggestive of a belief in their offsprings’ guilt rather than probative, both families are charged with attempts to subvert justice.  Knox’s parents are being sued by the police interrogators who they claimed without evidence had abused her. (Mignini is not one of them, as he was not there.)

Charges against the Sollecito family (five of them) are more serious and are being brought by the Italian state. Read here and here and here.


10. A change of appeal judges may have been engineered

The highly qualified senior criminal judge in Perugia Judge Chiari was slated to preside over the appeal. He was mysteriously yanked at the last moment and reported angry, and instead two ill-qualified civil judges with questionable impartiality (they each had something to gain from a not-guilty verdict) presided over the appeal.

[Below: Katie Couric during a break in one of the 2008 interviews with Sarah Palin]




11. The appeal sentencing report’s quality is appalling

Our Italian lawyers say this is the most amateurish sentencing report in a murder case they have even seen. Please read here.


12. The independent DNA report’s quality is appalling

There a strong internal hint that the grandstanding American academic Hampikian might have been involved in its creation. Please read here.


13. The prosecution has lodged a very strong Supreme Court appeal

The chief prosecutor of the province of Umbria, Dr Galati, was himself until last year a deputy chief prosecutor at the Supreme Court in Rome. His expertise and credibility at this level outclasses that of all the other lawyers on the case combined. Please read here.


14. More trouble ahead for the families and defenses in other cases

Please read here. The key cases from the point of view of an outcome for Sollecito and Knox are the investigations into Alessi and especially Luciano Aviello who claimed that bribes were offered in his prison for testimony favorable to Sollecito. 

That Judge Hellmann chose not to pursue that stunning claim, which could have thrown the appeal trial, is one of the points of Dr Galati’s appeal to the Supreme Court which if accepted could result in a new appeal trial.

It could also result in Sollecito’s lead lawyer Giulia Bongiorno (who is reputed to dislike him) having to take herself off the case.


15. Sollecito did a much derided interview in Italy

This was late last year after the appeal verdict. That much-watched one-hour interview with Sollecito seems to have totally bombed. Sollecito gave little away, and sounded smug, narcissistic, whiny, and sophomoric.

He probably convinced nobody of his innocence and reinforced the suspicions of those who are pro-guilt. He is said to come across 5 to 10 years below his real age, and that certainly is what happened here. After that one interview, other Italian networks were not exactly lining up for more of the same.

There are of course many excellent pro-guilt commentators in Italy, including Garofano, Sarzanini, Benedettelli, Giuttiari, and Castellini, Dont hold your breath hoping the little coward is ever put face to face with them.


16. No lawyers or media lawyers now publicly support RS

The probable problem is that they have actually got to grips with the translated court documents. Even Knox legal advisors Ted Simon and Robert Barnettt have long been silent. Please read here and here and here.


17. Several who did speak out for him looked like PR shills

Geraldo Rivera of Fox cable TV was one who bizarrely spoke out, and Jane Velez Mitchell of CNN Headline News was another. So was Joe Tacopina of ABC News, who also soon disappeared.  So was Lis Wiehl. So was John Q Kelly.


18. Several good media lawyers speak out against him

In the USA Nancy Grace, Wendy Murphy, Jeanine Pirro, and Ann Coulter have all stated that they perceive guilt. Please read here and here and here and here.


19. Public relations hoaxes in attempt to help defendants

While suggestive of a belief in their offsprings’ guilt rather than probative, campaigns for both defendants have run under the Italian radar what amounted to hoaxes to mislead the American and British publics. Please read here and here.

Agents and ghost writers and publishers for the pro-Sollecito and pro Knox books also seem to fall into this category. Please read here and here and here and here.


20. Bigotry and xenophobia should be no part of any campaign

Huge strains of bigotry against Italians and black people and xenophobia against Italy have always been kept on the boil by Curt Knox’s defense campaign. Oprah Winfrey didnt realise, and she ended up in the absurd position of supporting probable white killers while pointing only to Rudy Guede, a black man, and smearing Italy.

Curt Knox’s hatchet men have made a considerable industry out of ridiculing the Italian police and the prosecution - but only in English. As explained here the police for the most part are the Italian equivalent of the FBI and considered among the finest in the world.

There were always several prosecutors at least on the case throughout the entire process, and they all followed the letter of the law. The impugning of Italian officials by falsely accusing them of crimes as Curt Knox’s campaign often does is itself a crime under Italian law.

Italians and Italian-Americans and Italian officials and black people everywhere deserve very much better than this. Katie Couric seems ideally suited to finally assert a balance and a return to decency, legality, and justice for the true victim, Meredith, and her loving family.

She should use this interview to nail Sollecito and hammer a stake through the PR campaign’s heart.

***

Next post: questions we recommend that Katie Couric put to Raffaele Sollecito.



Thursday, July 19, 2012

This Formidable Prosecution Appeal To The Supreme Court Is Placed On The Agenda Next March

Posted by Peter Quennell





The Associated Press once again reveals its strong systematic anti-Italy bias in reporting the scheduling of the appeal.

Its headline on the report it sent out to thousands of its owners the media outlets reads “Amanda Knox Case: Acquittal Appeal Set For March By Italy”

Huh? That is the guts of the thing?

Well, hardly.

First, defense chances are slim, as there is no question that Knox did point falsely to Lumumba. On tape she even admitted that to her own mother, and her various explanations on the stand at trial simply dropped her in it some more.

That defense appeal could be dismissed in a sentence or two. It is simply grandstanding.

And second, vastly more importantly because this could lead to a complete retrial back in Perugia the AP headline and story should have fully explained the real 80,000 pound gorilla in the room.

This is the appeal that the Chief Prosecutor for Umbria Dr Galati has filed. The Associated Press has never told the global audience either what is in the prosecution appeal or precisely who Dr Galati is. Not even a hint.

Dr Galati was a Deputy Chief Prosecutor at the Supreme Court and is one of the most powerful and experienced in Italy. Why was he not quoted in the AP’s story?

Here is the real story of his appeal that the Associated Press doesn’t seem to want the global audience to know. First posted here back on 14 February when Dr Galati called his press conference on the appeal. 

Italian lawyers are already remarking that Dr Galati’s appeal as summarised below is as tough as they ever get.

In their view the Hellman report reads more like a defense brief than a balanced appeal-court outcome in a murder trial. Both judges were put on the case on mysterious instructions from Rome, suggesting that the minister of justice had perhaps been leaned on - the judge pushed aside was extremely annoyed.

Both Judge Hellmann and Judge Zanetti, while undeniably good judges in their own fields (business and civil), are vastly less experienced at criminal trials than either Judge Micheli or Judge Massei. The entry in the Italian Wikipedia describes them thus.

Although the Assize Court of Appeal was to be chaired by Dr. Sergio Matteini Chiari, Chairman of the Criminal Division of the Court of Appeal in Perugia, in circumstances not well understood Dr. Claudio Pratillo Hellmann, who chairs the Labor Chamber of the Court, has been called on to preside over the appeal court,

The judge to the side of the main judge, Dr. Massimo Zanetti, came from the Civil Section, and both had had limited experience with criminal trials both rather remote in time (only the cases of Spoleto and Orvieto).

Judge Hellmann’s announcement of the verdict on the night was very odd, suggesting he had been outnumbered and was embarrassed. Remarks he made the next day seemed to confirm that. The weak sentencing report is said to be not his work, and was written by Judge Zanetti.

The Supreme Court of Cassation could insist on a complete new appeal trial or a partial new trial in Perugia if it accepts any of Dr Galati’s arguments at all. His appeal statement appeal is in three tiers, and a reversal could be ordered at any tier..

1. The Hellmann Court’s wide scope was illegally far too wide

Italian judicial code is very clear on this. They MUST stick to just the appealed items and not wander all over the map. Judge Zanetti was quite wrong at the start to declare that everything was open except the fact that Meredith had been murdered. 

2. The DNA consultancy by Stefano Conti and Carla Vecchiotti was illegal

Defenses had every chance to attend the Scientific Police testing the first time around. It was a slippery dodge to skip those tests and then slime them. They had every opportunity at trial to throw aspersions. They are not meant to shop around.

3. There are many problems of wrong logic, evidence, and witnesses

The Massei trial sat through weeks and weeks of skilled prosecution presentations of the evidence including the forensic evidence and the many witnesses. The Hellman court got to see almost none of this and heard mostly from the defense.

This translation is from Umbria24 by our main poster ZiaK.

Meredith case: the prosecution appeals to Cassation: the acquittal verdict should be “nullified”.

For the Chief Magistrates of the [Umbria] Prosecution, “it was almost exclusively the defence arguments which were taken heed of”

By Francesca Marruco

The first-level conviction verdict was “complete and thorough” while the verdict of the second-level is “contradictory and illogical”.  For this reason, the General Prosecution of Perugia asks the Cassation to revoke or invalidate it.

“We are still extremely convinced that Amanda and Raffaele are co-perpetrators of the murder of Meredith Kercher” said the Chief Prosecutor of Perugia, Giovanni Galati and the Deputy Chief Prosecutor, Giancarlo Costagliola.

Verdict that should be revoked

“The second-level verdict should be annulled/revoked….  There are precise reasons for revoking it”, Mr Galati went on to say. In the Hellman reasoning report on the verdict with which the second-level judges acquitted the ex-boyfriend and girlfriend “there are so many errors, and many omissions. There is inconsistency in the grounds for judgement, which brings us to nothing.”

“It is as if they had ruled ex novo [anew] on Meredith’s murder” added the Deputy Prosecutor, Giancarlo Costagliola, “basing their decision solely on the arguments of the defence.”

“Normally the appeal judge evaluates the reasoning procedure of the first-instance judge and compares it to new elements. But this one missed that out altogether: there is no comparison between the checks carried out in the first and second instances. Only what was carried out during the appeal was evaluated.”

Only defence arguments were taken heed of

For the magistrates, in fact, the second-level judges “took heed, almost exclusively, of the arguments of the defence consultants or the reconstruction hypotheses that were largely to the benefit of the defense theses”.

The prosecutors who authored the appeal [to Cassation] also criticized the “method used”. “The first-instance verdict”, they wrote, “was summarized in just a few lines”,

“The verdict [which we] challenge completely ignored all the other aspects which corresponded with the accusation’s hypothesis, all the aspects which, on the contrary - as was seen in the reasoning report of the first-instance verdict - had been rigorously pointed out and considered by the Assizes Court [trial court] in its decision.”

“In examining the individual [items of] evidence, the challenged sentence has fallen into consistent procedural error in the weaknesses and evident illogicality of the grounds for its decision.”

Prejudice by the two appeal judges

For the General Prosecution magistrates, the second-level [first appeal] judges appear to have shown “a sort of prejudice” with the “infelicitous preamble of the judge [the author], who is supposed to be impartial”, when he declared that “nothing is certain except the death of Meredith Kercher”, which to the others [Mr Galati and Mr Costagliola] is nothing more than “a resounding preview/forecast of the judgement” and a “disconcerting” affirmation.
 
The ten points of the appeal

The reasons for the appeal to Cassation which Perugia’s General Prosecution presented today against the acquittal verdict of Amanda and Raffaele are based on ten points of the second-level verdict.

The first is the lack of grounds for the decision, in the decree of 18 December 2010, to allow the forensic testimony/expert witness in the appeal judgement.

The second, in contrast, concerns a contrary decision: the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

The other points deal with the decision by the Appeal court of Assizes of Perugia to not hear the witness Aviello, also the definition of “unreliable” [in the Hellman Report] with reference to the witnesses Roberto Quintavalle and and Antonio Curatolo, also the time of death of Meredith Kercher, also on the genetic investigations.

As well as the analyses of the prints and other traces, also the presence of Amanda and Sollecito in via della Pergola, also the simulation of a crime [the staged break-in], and also the exclusion of the aggravating circumstance of the crime of “calumny”.

Missing assumption/acceptance of decisive evidence

In the appeal to Cassation there is also mention of the “missing assumption/acceptance of a decisive proof”

In other words, of that proof [presented at trial court] which consisted of “the carrying out of the genetic analysis on the sample taken from the knife by the experts appointed by the Court during the appeal judgement, who did not carry out the analyses of that sample, thus violating a specific request contained in the [orders given to them] when they were assigned to the expert-witness post”

“In the second-level [Hellman] verdict”, the magistrates said, “the judges sought to refer to this in their own way, by speaking of an “experimental method” by which these tests/checks could be carried out.

But this is not the case”, said Deputy Chief Prosecutor Giancarlo Costagliola: “Dr Novelli [the prosecution’s DNA consultant at appeal] spoke of cutting-edge technology, not of experimental methods”.


Tuesday, March 27, 2012

Dear CEO Gary Pruitt: Could The Associated Press Try To Report Right A Little Harder?

Posted by Peter Quennell





The New York-based Associated Press (headquarters shown at bottom) bills itself as the world’s oldest and largest news-gathering organization.

[From the AP website] More than one billion people look to The Associated Press (AP) for news each day. Founded in 1848, the AP is the world’s foremost information resource with more than 3,700 employees at 242 bureaus worldwide serving 121 countries 24 hours a day, seven days a week via newspaper, radio, television and the Web.

The AP is a co-operative owned by over 1,000 newspapers and, like most of the mainstream media it serves, the AP rather has its back against the wall. From the Wikipedia entry:

The AP lost $14.7 million in 2010 as revenue plummeted for a second consecutive year. 2010 revenue totaled $631 million, a decline of 7% from the previous year. This is despite sweeping price cuts designed to bolster revenues and help newspapers and broadcasters cope with declining revenue.

That image above is of Gary Pruitt. A lot is riding on him to sustain a quality service and deversify in any way he can to pump those revenues back up. Right now, he is a senior media executive in Sacramento, California, but he will become the president and CEO of the AP in two months.

Most Americans hear far more about Meredith’s case from the AP than they do from any other source. Typically the AP sends out a story every few days when the case is live in Perugia. Typically these stories then get posted on 200 to 2,000-pus media websites in the US and around the world.

The AP also sends out many video reports, which are broadcast by the many member TV stations, and the AP also posts them on YouTube. If you search Google Video for “associated press meredith kercher” you will get 30,000 hits, and if you search “associated press amanda knox” you will get ten times that amount.

The AP reports on the case have at times veered to the deeply trivial. Here is a post about Amanda Knox’s 2008 Christmas in prison which included only a single sentence about the real victim Meredith and her family. Within hours it was up on 800 websites.

The AP reports have also at times included seriously wrong facts.  Sometimes it corrects them, sometimes not. Here is a post about a correction of a mistake which appeared on about 2,000 websites. The apology has been removed but the story when posted was inaccurate and it has been re-written to hide that. .

But the real gut problem in AP reporting on the case is one of deep superficiality and of leaving an awful lot unsaid.

Here is a report by the AP cultural and publishing correspondent Hillel Italie (image below) in New York.  It is essentially correct so far as it goes, but it is a good example of the republishing of press releases while leaving an awful lot unsaid.

Here are just three examples of what the AP could have covered in this report and its many other reports but so far hasn’t.

  • All trials and appeals have concluded with a sentencing report in Italian explaining what the reasons of the judges were. The AP has not only done no translation (it has bilingual reporters in Italy); of the reports’ very existence, the AP audience would never know.

  • There is a lot of legal activity just ahead in the Supreme Court appeal against RS and AK and the calunnia and perversion of justice trials. The once-convicted perps are now looking at a formidable new prosecutor, though the AP audience would never know.

  • There has been a costly, huge and highly onesided PR effort which has been unfairly hard on Italy and its justice system and its police and prosecutors and experts, to the point often of defamation, but the AP audience would never know.

Anyone who gets their news on the case only from the AP would essentially know NOTHING of the facts we have advanced in all the recent posts on the books and shortly before that in all the recent facts on the appeal and family trials. They would know only a tiny fraction of the full universe of facts and much of what they do “know” is flat-out wrong. 

Nice going, Associated Press. Your worst performance ever, perhaps? But then, why bother, when only an entire very civilized country and hundreds of its officials and truth and justice are being slimed?

What most Italians know of the details of the case is maybe ten times more detailed and comprehensive and fair and accurate than what most Americans and many Brits know. Italian reporting and interviews and media investigations are very fair. In contrast the AP is proving lazy and sloppy and inaccurate. Not to mention very dishonest.

Mr Pruitt, please ensure that AP reporting learns something from this? Right now, they are falling seriously short. 

[Below: the Associated Press cultural and publishing reporter Hillel Italie in New York]

[Below: part of the main AP press room located on 33rd Street on the west side of Manhattan]

[Below: the AP occupies space in that large square dark building immediately behind the Hudson Rail Yards]


Wednesday, February 29, 2012

Two Victims Ride High - With No Thanks To The Conspiracy Theorists

Posted by Peter Quennell





Jaycee Dugard and Elizabeth Smart with the sustained help of their appealing families are right now two of the most admired women in America.

Jaycee Dugard was kidnapped from California’s beautiful South Tahoe area (image below) in 1991 and kept captive east of San Francisco through late 2009. Elizabeth Smart was kidnapped from her north-east Salt Lake City home (image below) in 2002 and sprung from her captors in March 2003.

Both girls seem to have been affected by the Stockholm Syndrome, Jaycee Dugard by way of the physical abuse of her captors, and Elizabeth Smart perhaps by way of the religious claims of her male captor, though she claims it was only the physical abuse.

Both women put on a very determined and self-confident performance on the witness stand, and both saw their captors put away for good. It may have been tougher for Elizabeth Smart because she had to endure years of argument over whether her male captor was mentally competent. The jury agreed with prosecution witnesses that he was simply putting on a skillful act and they returned a very quick guilty verdict.

Jaycee Dugard wrote a fearless and unflinching best-seller about her experience. Similar books have been written about Elizabeth Smart, who was married to a Scotsman a few days ago (bottom image) amid reports that said they looked like royalty.

Both have been interviewed frequently on American TV, with Elizabeth Smart pushing back strongly against CNN’s Nancy Grace. Both want to raise awareness of female kidnappings.

Jaycee Dugard’s kidnapping happened when the internet was in its infancy and the conspiracy theories targeting her family were mild and did not slow her mother’s determination. Elizabeth Smart’s parents however were really targeted by the conspiracy theorists, and rants against both her father and herself became absolutely endemic.

Any comparison between these two and Amanda Knox here? We dont see it. Most of the internet abuse has flowed from Knox’s own “supporters”. They have too often made demented personal attacks which absolutely cannot help her with Perugia’s top prosecutor, or the Supreme Court which she soon faces.

And many months since she returned home after the first appeal court released her, she still has not had the courage to face the TV cameras, or to do other than announce a book which sounds like a work of fiction.

Learn something from these two, Amanda Knox. Get classy. Or understand why you and yours will never be widely admired.





Wednesday, October 12, 2011

Another Prominent US Legal Commentator On The Evidence Points That Simply Won’t Go Away

Posted by Peter Quennell




Now a second prominent TV analyst joins CNN’s Nancy Grace.

Wendy Murphy is controversial, but then, aren’t they all? Like Nancy Grace she is a former prosecutor. This syndicated report is already being carried on 150 media websites.

The evidence still points to Amanda Knox

What’s more galling: Amanda Knox making out with her co-defendant boyfriend hours after Meredith Kercher was stabbed to death, or Amanda Knox crying tears of self-pleasure after being acquitted of murder despite overwhelming evidence of her guilt?

The most horrifying part of this story is the way it proves our collective stupidity. If a guilty criminal spends enough money on public relations, we can be convinced that up is down and a murderer is a national hero….

Here’s a small sample of what Amanda’s obKNOXious cheerleaders don’t want you to know:

Wendy Murphy then summarises four of the evidence points that wont go away. Pesky stuff. Mr Sollecito? Ms Knox?

It seems that lawyers are increasingly not taking kindly to the usurping of the law by P-R.

*******

Added Wednesday afternoon. Wendy Murphy’s article was the subject of a concerted attacked with the usual faux facts on many websites. She came back fighting with this long comment.

Please refrain from posting false information. There is ABUNDANT evidence against Knox and Sollecito.

Guede’s involvement in the murder cannot be questioned. Nor is it in doubt that there were multiple offenders. Guede’s race is irrelevant. That Amanda Knox falsely accused an innocent black man is highly relevant and speaks to her consciounsness of guilt, and her character, as much as her racism. One news report revealed that she once photographed herself in a white supremecist context (claiming it was a joke).

She claimed to make the initial false accusation against an innocent black man (Patrick Lumumba) under stress from police questioning, but when given a chance to clarify her accusation at a later date, she reaffirmed her false claim against him. The man sat in prison for two weeks because of Amanda’s false accusation. She was convicted of lying about police treating her unfairly. One of her lawyers at the first trial told the New York Times her trial was fair.

ONLY THE BRA CLASP WAS ALLEGEDLY ‘CONTAMINATED’ - NOT THE KNIFE

The defense argued that the DNA on a metal bra clasp, which had been severed from the victim’s bra, could have been contaminated when it was moved on the floor, six weeks after the murder, or in the forensic laboratory in Rome. The judge at the trial of Rudy Guede acknowledged that the DNA sample on the clasp was considered small, but described the claim of contamination at the laboratory as making ‘no sense’, since there was no material from which such contamination could have come, and so ‘the risk would have been the LOSS of traces found there, not the risk of somehow discovering new traces’.

FROM CNN

The defense has said the knife found at Sollecito’s apartment doesn’t match Kercher’s wounds or an imprint of a knife left on a bedsheet at Kercher’s apartment. They have also said the DNA sample is too small to be conclusive. They also raised speculation that the DNA found on the bra clasp could have been contaminated.

THE DNA EVIDENCE WAS ONLY A SMALL PIECE OF THE MOUNTAIN OF EVIDENCE AGAINST AMANDA KNOX

‘Why do you need to review the forensic evidence when this conviction is based on much more than the knife and the bra clasp?’ Prosecutor Manuela Comodi argued before the court began deliberating.
She then reminded the court that Knox and Sollecito don’t have an alibi for the night of the killing, adding that there was ‘ample’ evidence of a staged break-in.

FROM ITALIAINFORMAZIONI.COM
..
Kercher’s body was found with her throat cut on November 2, 2007, in the house she shared with Knox in the central Italian city. A knife with a 6-inch blade was later found at Sollecito’s house, bearing traces of Kercher’s DNA on the blade and Knox’s on the handle. The defence teams of both Knox and Sollecito, who pleaded innocent at the weekend, have cast doubt on the DNA findings, saying the samples were too small to prove their provenance. THEY DID NOT CLAIM THE SAMPLES ON THE KNIVES WERE CONTAMINATED. THE DEFENSE ONLY CLAIMED THAT KERCHER’S DNA ON THE BLADE WAS TOO SMALL TO BE A MATCH - BUT EVEN IF YOU BELIEVE THAT - IT IS SIGNIFICANT THAT KERCHER OULD NOT BE RULED OUT!

Guede says he was in the bathroom of the house when he heard Knox and Kercher argue about money [Meredith had several hundred dollars in her room - that went missing - which was likely the motive that sparked the fight] before Kercher screamed and he found her in a pool of blood

FROM THE DAILY BEAST

Forensic scientist Patrizia Stefanoni, who testified as a prosecution witness last spring, wrote too low in English on initial results, assumed to mean that the samples of Kerchers DNA on the alleged murder weapon were only partial strands that needed amplification. [THERE WAS NO DISPUTE THAT AMANDA KNOX’S DNA ON THE HANDLE WAS A LARGE ENOUGH SAMPLE SIZE TO BE MATCHED TO AMANDA KNOX. NOR WAS THERE A DISPUTE THAT THE BLADE HAD BEEN SCRUBBED CLEAN WITH BLEACH AND AN ABRASIVE SUBSTANCE]. Writing too low suggests the expert was copying a reading directly from the machine, while she was continuing to test the sample. The implication, according to the defense, is that Stefanoni then had to amplify the tiny sample found on the blade beyond the protocol to find a match to Kerchers DNA. AMPLIFICATION IS NOT FORENSICALLY INAPPROPRIATE AND IS DONE ALL THE TIME.

FROM ARTICLESBASE.COM

Knox and Sollecito were interviewed several times by the police on the day the murder was discovered and the following two days. On 5 November 2007, Knox voluntarily accompanied Sollecito to the police station where he gave a statement, in the course of which he said that he DID NOT KNOW FOR SURE that Knox was with him on the night of the murder. The police then decided to question Knox and began the interview at 23.00 that evening. Knox was interviewed twice during the night of 56 November, firstly by the judicial police and then, later, in the presence of a prosecutor. During these interviews, Knox made statements implicating Patrick Lumumba, the owner of a bar-restaurant named Le Chic, at which she occasionally worked. She said that she had accompanied Lumumba to Kercher’s house and had been in the kitchen and heard screams while Lumumba committed the murder.

Knox was formally arrested later on the morning of 6 November. Some time afterwards she made a written note to the police, explaining that she was confused when she made the earlier statements [IMPLICATING HERSELF], saying ‘I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock and extreme exhaustion’. However, she still seemed to incriminate Lumumba, saying: ‘I stand by my statements that I made last night about events that could have taken place in my home with Patrick [Lumumba], but I want to make very clear that these events seem more unreal to me that what I said before, that I stayed at Raffaele’s house.’ She went on to say ‘I see Patrick as the murderer, but the way the truth feels in my mind, there is no way for me to have known because I don’t remember FOR SURE if I was at my house that night.’

Lumumba was arrested on 6 November 2007 as a result of Knox’s statements. He was detained for two weeks until the arrest of Guede. Initially doubts about his alibi were reported in the press, but ultimately he was completely exonerated.

Knox’s DNA was found on two of the knives kept in Sollecito’s kitchen drawer for cooking, and a small amount of Kercher’s DNA was found on one of the two. At trial, the defence countered that Knox’s DNA would normally be on the knife because she used knives for cooking at Sollecito’s apartment. The defence also challenged the Kercher DNA sample as being too small to be reliable. Knox and Sollecito’s defence teams also asserted that this knife was not the lethal weapon because it did not match two of the three wounds and tested negative for blood. However, a forensic evidence expert for the prosecution testified that it was compatible with one of the wounds on Kercher’s neck, but that two other wounds might have been inflicted by a different weapon;

Mixed samples of Knox’s DNA and Kercher’s blood were found in the apartment, including in the bathroom sink and in Filomena Romanelli’s room. The defence argued that Knox’s DNA should be expected to be present there in the ordinary course of her use of the apartment and bathroom as a resident of the cottage - BUT KNOX HERSELF MADE STATEMENTS TO POLICE CONCEDING THERE WAS NO REASON FOR HER DNA TO BE MIXED WITH THE VICTIM’S BLOOD IN SO MANY LOCATIONS IN THE APARTMENT. KNOX HAD LIVED THERE FOR ONLY A FEW SHORT WEEKS BEFORE THE MURDER.

*******.

AN IMPORTANT PIECE FROM THE SEATTLE TIMES ABOUT PRO-KNOX POLITICAL INFLUENCE/POSSIBLE CORRUPTION

http://seattletimes.nwsource.com/html/localnews/2016448492_knox09m.html


Monday, October 10, 2011

Media Starting To Take A Closer Look At The Knox PR Shills With Nina Burleigh Exhibit One

Posted by Skeptical Bystander





Click on the image above for the report on the PR role of Nina Burleigh by the New York Times’s Kate Zernike.

In the news media’s frenzy surrounding an Italian court’s decision last week to free Amanda Knox, the American exchange student convicted of killing her roommate in Perugia, the journalist Nina Burleigh was a near-constant television presence. Her face looped in and out of shows like “Today,” “Good Morning America,” “20/20” and “Anderson Cooper 360.” She made appearances on NPR, the BBC and MSNBC.

With her emphatic defense of Ms. Knox (criticizing the “appalling” treatment of her by the Italian courts and news media, insisting “the evidence didn’t exist,” that the “jury rubber-stamped a conviction”), Ms. Burleigh seemed at times to move from journalist to advocate, treading what she knew, as a longtime reporter and author, was a dangerous line.

Nina Burleigh has certainly had a busy, busy week - playing advocate for Amanda Knox, plugging Burleigh’s own book on the case, and helping CBS sell the first of many (many more than anyone wants to see) pre-packaged Knox pieces that dutifully toe the Marriott Party line.

Those looking for facts are advised to watch major league baseball on Sunday night.

Burleigh found herself facing a dilemma before she penned the first paragraph of her book: Team Marriott, firmly in place by then, would only allow access to advocacy journalists. So Burleigh took that path, a disastrous one for everything but television exposure and perhaps book sales.

Burleigh jumped on board late, does not speak Italian, attended only a handful of trial sessions, and even got the birthdate of the victim, Meredith Kercher, wrong. Worse, she used the Knox’s friendly translator as her interpreter! That trail is a loop that leads to a predictable place.

For authors claiming to be journalists, this excellent NY Times piece should serve as a warning: Advocacy is not journalism. It leads to conflict of interest and turns journalists into shills. And this is bad for all of us.

This book should be on the bedside table of anyone who aspires to be a journalist.



Wednesday, October 05, 2011

Nancy Grace’s “Miscarriage Of Justice” Observation Goes Viral, Google Says It’s On 38,000 Sites

Posted by Peter Quennell





Amanda Knox will be lucky if CNN’s popular legal commentator Nancy Grace doesn’t get on her case the way she still is on Casey Anthony’s.

Nancy Grace says there is NO innnocent explanation for Knox’s second written confession placing her at the house (with Patrick Lumumba) and including observations that only someone who really was there could have known.

We have noticed that time and again commentators have come out batting for Knox, read the evidence, and then gone quiet. Nancy Grace’s CNN colleague Jane Velex-Mitchell had swallowed the Kool Aid at one point, but now she is ambivalent and careful.

Here is Huffington Post Media’s version of what Nancy Grace said last night.

Nancy Grace issued a typically blunt verdict on Amanda Knox during a Monday interview.

The outspoken HLN host and fierce ‘Dancing with the Stars’ competitor declared her true feelings about Knox when she spoke to Access Hollywood following her waltz performance Monday night.

“I was very disturbed, because I think it is a huge miscarriage of justice,” Grace said. “I believe that while Amanda Knox did not wield the knife herself, I think that she was there, with her boyfriend, and that he did the deed, and that she egged him on. That’s what I think happened.”

In Knox’s final plea, she told an Italian appeals court that she was not present the evening her British roommate Meredith Kercher was sexually assaulted and brutally murdered in their shared apartment. Grace said she did not think Knox is telling the truth. “I believe her original statement to the police - that she was there in the home when her roommate was murdered was true,” Grace told Access Hollywood.

Social networks like Twitter and Facebook exploded with celebratory messages on Monday as the judge proclaimed Knox’s innocence, allowing the study abroad student to finally return home to Seattle, Washington after four years in an Italian prison.

Grace was not one of those supporters, saying that while she would love to believe Knox innocent, “I just happen to know the facts.” Grace was even harsher when asked if her show would compete with other networks to get the first Knox interview.

“I’m not trying to get Amanda Knox’s first interview because”¦ my show does not pay for interviews…Second, I don’t think she’s going to tell the truth anyway, so what’s the point?” Grace responded.

THAT will get the noses of thousands of new followers firmly into the REAL evidence. Not all that made-up stuff. Other legal commentators may follow Nancy Grace’s lead, because she is the real pace-setter and power broker in that community.

The equally popular Fox News political and legal commentator Bill O’Reilly discussed the verdict on Monday night with Judge Andrew Napolitano, another prominent commentator. This is from the the summary on Bill O’Reilly’s website.

]Bill O’Reilly] concurred that Amanda Knox likely knows what happened on the night British student Meredith Kercher was murdered; therefore, we shouldn’t really be happy with this outcome since a terrible crime is unsolved.

Pity that Judge Napolitano claimed that Amanda Knox was interrogated as a suspect for 56 hours without an attorney. That did NOT happen. She had an attorney present at all times. Someone please correct him. .


Tuesday, October 04, 2011

The Guardian Publishes A Negative Take On Italian Justice Rather Poorly Researched

Posted by Peter Quennell





Click above for Tobias Jones’s take in the Guardian which seems to be trying to report evenly on the case..

Here are our most-read posts on first trials by Italian poster Nikki and the two appeals by Italian poster Commissario Montalbano and often-overlooked victims’ rights about Italian campaigner Barbara Benedettelli.

All explain better than Tobias Jones does the many hoops that prosecutors have to jump through for victims’ interests to come out ahead..

We can agree with Tobias Jones on this below - the elaborate, expensive and slow automatic first appeals complete with lay judges who don’t see the first pass of the evidence at first trial and often act as a wildcard in the process.

It’s one of the many failings of Italian justice that it never delivers conclusive, door-slamming certainty. What usually happens is that the door is left wide open to take the case to the next level, first to appeal and then to the cassazione, the supreme court. The score in the public imagination, at the moment, is simply one-all.

It’s always been that way. There’s barely one iconic crime from the post-war years that has persuaded the country that, yes, justice has been done: the murder of Pier Paolo Pasolini, the Ustica crash, the Bologna railway station bombing, the Piazza Fontana atrocity, the Monster of Florence murders, the murder of Luigi Calabresi, the “caso Cogne” “¦ none has ever been satisfactorily, convincingly resolved. Instead the country seems to split into innocentisti and colpevolisti (those who believe in the innocence or guilt of the accused) and the heated debates continue for decades.

But we’d agree less-so, at least from an American perspective, with the Italian uniqueness of this below.

Dietrologia ““ literally “behindery” or conspiracy-theorising ““ is a national pastime precisely because the courts don’t offer convincing verdicts. It allows every journalist, magistrate and barfly to try their hand. The result is that everyone with an active imagination has a go at explaining the truth behind the mystery, and inevitably the truth only gets further buried beneath so many excited explanations. The media plays an active role in keeping the circus going: in no other country are cronache nere ““ “black chronicles” ““ so much the mainstay of the evening news. There’s always a case on the go.

Tobias Jones should watch the urbane elegance of the Porta a Porta shows, which are reminiscent of human games of chess, and then visit the US and watch all the cable news channels devoting many hours a day to legal talking heads debating one another over high-profile crime cases. CNN and MSNBC could probably not survive without them (Casey Anthony was a godsend) and they go back to the OJ Simpson trial when it seemed half the country joined in.

He probably has a good point about subjudice (blackouts on court news in the UK) but there’d seem more chance of a wrong outcome driven by public opinion in the US with its elected judges and police chiefs and prosecutors angling for news exposure than in Italy. (Judge Michael Heavey is an elected judge.)

Local public opinion in the US is very much behind the high execution rate in several American states and the difficulties non-whites often have in getting off.


ABC News Reports On The Low-Key But Bewildered Reaction Of Meredith’s Family

Posted by Peter Quennell


Click image above for Colleen Curry’s report. An excerpt:

The Kercher family, who earlier in the day professed its belief that Knox was involved in Meredith’s death, remained behind in the courtroom long after the Knox family and its supporters poured into the streets in celebration. Arline Kercher was held upright by her daughter and attorney as she made her way through a crowd of reporters to a waiting vehicle.

The article mentions that Meredith’s family has issued this brief statement.

We respect the decision of the judges. But we do not understand how the decision of the first trial could be so radically overturned. We still trust the Italian judicial system, and hope that the truth will eventually emerge.

 


Saturday, September 10, 2011

Conspicuous By Their Absence Now: Legal Commentators For Sollecito And Knox

Posted by Peter Quennell


There is a marked sharp contrast now between how various reporters without legal backgrounds and various real lawyers are seeing the state of play in the appeal.

The post below shows how flavor-of-the-month reporters like Nick Pisa are still reporting happy talk from Knox and her entourage, while, within their professional constraints, we see more and more lawyers realisng Sollecito and Knox really are cooked.

Half a dozen of the main posters on TJMK who are lawyers (they identify themselves as such when they post) have explained how tough is the real case. Various Italian lawyers continue to offer us insights and tips from Perugia and Rome.  And we continue to see maybe half a dozen lawyers a week getting in touch by email or signing up, a trend that shows no sign of fading out.

In contrast all of the lawyers and legal commentators who were once suggesting the process in Perugia had taken a wrong turn have gone quiet, and no new legal voices for Solllecito and Knox are speaking up. The CNN legal shows devote almost no air time to the appeal, and Geraldo Rivera, Dan Abrams, John Q Kelly, Lis Wiehl and others have wound down their commentaries to brief equivocations or nothing at all. 

Ted Simon who is believed to be still on the Mellas-Knox payroll seems be operating only from very deep cover. Knox’s own lawyers pass on the (to us sad) happy talk from Capanne while themselves sounding very cautious and down.

And the former lawyer and political commentator Ann Coulter who does us the peculiar favor of including us in her definition of right wing is starkly declaring that the increasingly small number of increasingly shrill non-lawyers for Sollecito and Knox really should get a life.

By now, the only people who believe Knox and Sollecito are the usual criminal apologists and their friends in the American media.

Serial smearer and evidence incompetent Steve Moore as one of the usual criminal apologists?! That has to hurt.


Wednesday, July 06, 2011

Interesting Tilts Of Marcia Clark And Alan Dershowitz Toward Educated, Informed Italian-type Juries

Posted by Peter Quennell



Neither of these heavy hitters are saying to abolish the common-law system of not placing professionals in the jury room.

Or for that matter to swing over to a semi-professional and seemingly less error-prone system like Italy’s, where the judges stake their own reputations on their verdict and the written explanation that must follow.

But both found the Casey Anthony non-guilty jury verdict a bit peculiar, and Alan Dershowitz specifically suggests that semi-professional jury systems (like Italy’s) tend to be more accurate. 

Above, the former prosecutor Marcia Clark commenting a couple of weeks ago on why the media boosted the Casey Anthony trial into such a “fry her” phenomenon. And here in the Daily Beast she comments on why that media angle had no sway over the jury.

For one thing the evidence and scenario had some major gaps. And for another:

[American] jury instructions are so numerous and complex, it’s a wonder jurors ever wade through them. And so it should come as no surprise that they can sometimes get stuck along the way. The instruction on circumstantial evidence is confusing even to lawyers. And reasonable doubt? That’s the hardest, most elusive one of all. And I think it’s where even the most fair-minded jurors can get derailed.

How? By confusing reasonable doubt with a reason to doubt. Some believe that thinking was in play in the Simpson case. After the verdict was read in the Simpson case, as the jury was leaving, one of them, I was later told, said: “We think he probably did it. We just didn’t think they proved it beyond a reasonable doubt.” In every case, a defense attorney will do his or her best to give the jury a reason to doubt.

“Some other dude did it,” or “some other dude threatened him.” But those reasons don’t necessarily equate with a reasonable doubt. A reason does not equal reasonable. Sometimes, that distinction can get lost.

Former Harvard Law professor Alan Dershowitz went deeper into jury principles on the Piers Morgan interview show on CNN last night.

DERSHOWITZ: Well, if you want justice, don’t look to the criminal law system. That’s not its job. Its job is not to produce a just result. Its job is to produce a legally correct result.

We have a system that says better 10 guilty go free than one innocent be wrongly confined. If you have a 60 percent likelihood a person did it, you must acquit. If you think he probably did it, you must acquit. If you think he almost surely did it, you must acquit.

We acquit lots of guilty people, and that’s the right thing to do. When we convict an innocent person, that’s the wrong thing to do. That’s our system of justice. Many people don’t like it. Many people think the opposite, that we have too much popular justice, too much dependent on elected prosecutors, elected judges, elected officials.

The French, for example, don’t understand our stem with a case that’s going on now with the rape in New York. They don’t understand our system. They say it’s much too popular. In France, there’s a professional system. They have professional judges, professional prosecutors, professional jurors.

We’ve opted for a much more democratic system, and it means that in the end you’re going to be dissatisfied with a lot of verdicts. Just don’t expect too much from our legal system. Don’t expect truth. Don’t expect justice, because that’s not what it’s supposed to give you.

It’s supposed to give you a legal process that only convicts if admissible evidence proves the case beyond a reasonable doubt. If you don’t like that system, I’ve got plenty of other systems for you that are more accurate. The Chinese system, the military justice system, the Russian system. Many European systems. But the American system errs on the side of freeing the guilty instead of convicting the innocent.


Casey Anthony Verdict Not Guilty Despite Three Years Of One-Sided Media Presuming Guilt

Posted by Peter Quennell





One thing that LA Times headline above means is that media bias against the defendant made not one whit of difference.

The seriously ailing CNN network’s Headline News channel (legal anchors Nancy Grace and Jane Velez Mitchell) have very stridently promoted the notion that Casey Anthony probably killed her toddler Caylee almost nightly for three years, to drive up their viewership ratings.

It had zero effect on the Florida jury. Now Headline News looks like a toothless tiger, and one prone to dangerous mistakes.

The jury studied the evidence and made up its own mind (in 11 hours) and so that is that. Mainstream media is outraged but looking puny. Here is a scathing comment from the defense lawyers saying they got it seriously wrong.

Anthony’s defense attorney, Jose Baez, said this verdict proves, “You cannot convict someone until they’ve had their day in court.”

A second defense attorney for Anthony, Cheney Mason, blasted the media in a statement, saying, “I hope that this is a lesson to those of you who have indulged in media assassination for three years, bias, and prejudice, and incompetent talking heads saying what would be and how to be.”

The few early media reports about “Foxy Knox” are like a candle to the blowtorch of this seeming never-ending pro-guilt commentary.

The usual couple of examples waved around are from the UK. In fact Italy saw next to no anti-Knox commentary, and one of the ways Italy looks rather fine in the Knox case is their media have been so restrained.

Read the Massei Report 10 times and you will be lucky to find one sentence that suggests “The media made us declare her guilty”.  It just didn’t happen. The jury studied the evidence and made up its own mind (in a few hours) and so that is that.

In contrast to the Casey Anthony trial, the full spectrum of evidence in the Knox-Sollecito trial is very strong and even redundant, violence obviously was done (no signs of violence were found on Caylee Anthony) and there are no other likely scenarios or perps.

Okay, media guys. For starters, report the facts from Perugia correctly. And do some translation - or read ours. Surely that cannot hurt more than this.


Tuesday, June 28, 2011

Not For The First Time Has Zombie-Like Behavior Afflicted American Crime Reporting

Posted by Peter Quennell

[Comedy Channel’s Jon Stewart commenting on the media’s role in the Duke Lacrosse framing case 12 April 2007]


The headline yesterday on the NY Times’s Perugia reporting: “Appeal Trial Of Amanda Knox Opens In Italy”.

You can see the image in one of yesterday’s posts. Believe it or not the paper version of the NY Times today includes the exact same headline.  We have been getting the NY Times delivered for over 20 years and swear by most of the reporting.

For some reason its crime reporting really sucks.

The Times’s poor crime reporting is a direct cause of my knowing about Meredith. I was following another gladiator battle between one solitary blog and a lot of ranting media, the NY Times included, over accusations of group rape by the male lacrosse team at Duke University.

Nearly a year after it was obvious that the woman and the prosecutor were framing the team, the NY Times STILL took the position that there was strong cause - that they were really guilty. The trial would simply rubber-stamp this.

Other media followed the NY Times’s lead in this, as they often do in the US. See above. This caused untold havoc in the lives of the boys and untold millions in legal fees and the boys will have a cloud over them for life. 

Commenters on that blog (Durham in Wonderland) said maybe the same thing was going on here - maybe in Meredith’s case there was a media rush to judgment that Knox and Sollecito were being framed.

The NY Times has never ever published a kind word about Meredith or her family or supported the Italian authorities in their unenviable task.  The only examples of reports that we point to of the NY Times are truly mischievous and contemptible. Take a look at these for example.

How The New York Times Caused Unneccesary And Unhelpful Anger In Italy

The Second Misleading New York Times Comment On The Case

Had the NY Times said the case is in order as it should have done 18 months ago the wild pro-Knox ride of the rest of the American media would have been cut off at the ankles. The NY Times allowed the mishievous floodgates to open.


Monday, June 27, 2011

Today’s New York Times Headline: Why Much Of US Main Media Is Disbelieved And Ignored Now

Posted by Peter Quennell


But (1) this is an appeal, not a trial, and (2) the first session was back in November 2010. It stands uncorrected still. But (as Fly By Night observes in a comment) this weird correction appears down below.



Thursday, June 23, 2011

Conspiracy Theorists Attempt A Hijacking Of Rachel Sterne’s “Ground Report” And Readership Plummets

Posted by Peter Quennell





Rachel Sterne is attempting to help Mayor Bloomberg of New York to put the city government’s business across online in a neutral, credible and well-informed way.

Her own website, Ground Report, is an increasingly poor advertisement for her management skills. See the Alexa figures below. Readership of Ground Report is right now less than 100,000 in the world.

TJMk has several times beaten that ranking, and it may soon do so again. That is dangerously far away from being commercially viable, which for this kind of site means being in at least the top 10,000.

Worse, as the chart below shows, Ground Report’s readership has dropped FIFTY PERCENT since the Knox conspiracy theorists started targeting it with inaccurate, misleading and personally vicious posts daily.

Ground Report competes for the same eyeballs as the Huffington Post (70th in the world), Technorati (948) and Gather (2,231). Those smart and well-managed sites minimize attempted hijackings, ensure some sort of balance, and encourage robust commenting by readers who know raw truth when they see it.

Here on Ground Report are loopy new articles by Grace Moore and Bruce Fisher which should never have appeared. They are highly misleading and wildly at variance with the real facts. The Huffington Post would never have accepted such crap.

Bruce Fisher, a real Knoxaholic, is famously at sea on the hard evidence, and he is subjected to almost daily ridicule on the PMF forum for his pretentious wrong-headedness. He was previously kicked off both Technorati and Gather for defamatory posts against any messengers who objectively explain the hard realities of the case. Smart moves by Technorati and Gather.

Grace Moore flatly claims that Rudy Guede did it alone. Really?! How laughable.

The Micheli court and Massei court and Supreme Court of Italy have ALL already ruled that this was quite impossible. Two others were definitely there too.  That is precisely why the defenses were putting convicted perps on the stand last Saturday - to try to prove Knox and Sollecito were not those two others.

Conspiracists are rather like sucker fish, which always cause the death of their hosts. Withstanding conspiracists desperate for an online home and existing audience when their own websites tank really is Group Blogging 101.

So. Good luck in withstanding the attempted hijacking of your website, Rachel Sterne. Truth in governance and accurate reporting do count.



Wednesday, June 08, 2011

It Seems Mignini Demonizer + Knox Fawner Judy Bachrach Learned Nothing In The Past Year

Posted by The Machine

 


Bachrach again. She never learns. Here is my post of a year ago showing how she misleads



Hmmm. Isn’t Mr Mignini already suing people for hurtful claims about him not unlike those made very dogmatically in the video above?

And the similar hurtful claims made very dogmatically in the two videos down below here? Certainly Mr Mignini would seem to have what you might call a not-unstrong case.

  • First, the numbers of police, investigators and judges hoodwinked would have to have been truly huge. This case has a VAST cast of characters in Italy seeking true justice for Meredith - a jury, for example, and twenty judges by present count, and a nationally known and respected co-prosecutor.

  • And second, nothing in the judges’ sentencing report, which PMF and TJMK are in the final laps of translating into English, appears to back up her claims. Judge Micheli’s report a year ago, which explained Guede’s conviction and the reasons for sending Knox and Sollecito to trial, was already an almost unassailably tough document. And the report by Judges Giancarlo Massei and Beatrice Cristiani? It is even tougher.

Judy Bachrach has popped up repeatedly to straighten out us lesser beings on the case. For her, it appears to be almost a small industry. She is perhaps the most vehement and impervious of all the proponents of the notion that Amanda Knox and Raffaele Sollecito are somehow being railroaded, by a corrupt prosecutor, Mr Mignini, and an incompetent legal system.

Wouldn’t you expect Judy Bachrach, as a professional journalist and a contributing editor to Vanity Fair,  to research her articles more meticulously? And to verify every single one of her claimed facts? In the same way that the Italy-based reporters we like to quote have incessantly managed to do - really quite brilliantly?

We have been analyzing Judy Bachrach’s many, many articles and TV commentaries about the case, and they all seem to point to the following conclusions. 

  • That she hasn’t ever read the Micheli report and doesn’t seem to have actually ever mentioned it.

  • That she hasn’t had full access to the prosecution’s 10,000-plus pages file of evidence, and maybe she has had no access at all.

  • That she didn’t attend the key court sessions in which highly incriminating forensic and circumstantial evidence was presented.

  • That she hasn’t absorbed the numerous factual newspaper and magazine reports about the key forensic and circumstantial evidence.

  • That she seems to rely either a lot or totally on sources with vested interests who feed her wrong theories and false information.

  • And that she comes across to us as the reporter most often showing on US media outlets the most complete ignorance of the case.

Quite a track record. We wonder if she is really very proud of it. She seems to sound so. Now to examine the details of some of her small jungle of wrong claims.

False Claim #1

Judy Bachrach made the following claims in an article entitled “Perugia’s Prime Suspect” for for Vanity Fair.

Rudy Guede’s DNA would be found all over her dead body the next day….“His DNA was found not only all over the British girl’s body but also in his bloody fingerprint staining one of her cushions and on the straps of the bra she wore the night of her death.

Judy Bachrach’s claims that Rudy Guede’s DNA was all over Meredith’s body have long been demonstrably false. According to the Micheli report here quickly translated here there was only ONE instance of Rudy Guede’s DNA on Meredith.

Where exactly did Judy Bachrach get that false information from? It clearly wasn’t from the DNA results from the tests carried out by Dr. Stefanoni and her team, or any official court documents, or the Micheli report.

And why exactly did she propagate it? Was she perhaps deliberately trying to exaggerate the evidence against Rudy Guede? Whilst playing down or completely ignoring the forensic and circumstantial evidence against Knox and Sollecito?

False Claim #2

In the same Vanity Fair article, Judy Bachrach makes the claim that “Amanda had tried three times to reach Meredith by cell phone, without success.”

If Judy Bachrach had examined the mobile phone records which are part of the prosecution’s 10,000 page report, as the court did and as we have done, she might have concluded otherwise - that Amanda Knox never ever made even one genuine attempt to contact Meredith.

Two of Knox’s phone calls lasted only 3 seconds and 4 seconds.

Judy Bachrach would have also realised that Knox’s claim that Meredith’s Italian phone “just kept ringing, no answer” was in fact a lie. And that Knox’s e-mail version of events at the house on 2 November is totally contradicted by what is in those mobile phone records.

Our poster Finn MacCool rather brilliantly drew attention a year ago now in this post here to how very, very incriminating those phone records are. (They also seem to incriminate Amanda Knox’s mother. Why doesn’t a good reporter actually ask her about this?)

Judge Massei and Judge Cristiani certainly don’t believe that Knox made a genuine attempt to contact Meredith. And they provide a very detailed explanation of why they don’t, in the sentencing report we are now translating.

And as you will soon see in that report, they also pull totally apart Knox’s email version of the events on 2 November to her friends and family in Seattle.

 


False Claim #3

Judy Bachrach has claimed that the bra clasp in Meredith’s bedroom was “discovered” only in January 2008.

But to complicate matters, a forensics team took a second look around the House of Horrors in January; this time they discovered a clasp that had been cut off the same bra. On that clasp they found Raffaele’s DNA.

House of Horrors? A callous way to refer to the sad place where a remarkable girl with a grieving family and many grieving friends was tortured and then deliberately left to die.

And in actual fact, Dr. Stefanoni was fully aware that the bra clasp was missing from the time she reviewed in the Rome labs the evidence collected from the crime scene - early in November. The clasp couldn’t be collected until the defense experts had agreed upon a date.

There was no other cause to the delay, and the bar clasp was never simply “discovered” at the second evidence visit in January. The forensic team went there specifically to get it. And it was actually recovered on 18 December 2007.

False Claim #4

Perhaps the reason why Judy Bachrach gets so many of the basic facts like those above wrong is that she seems to rely very heavily on sources who feed her false information. One example:

But three legal sources in Perugia (two unfriendly to Amanda) tell me the injuries sustained by Meredith were inconsistent with the blade of that knife.

All of Judy Bachrach’s “three legal sources”  provided her with wrong facts.

The double DNA knife found in Sollecito’s apartment is fully compatible with the deep puncture wound on Meredith’s neck. This has been widely reported by a number of journalists in the British and American media. For example “According to multiple witnesses for the defense, the knife is compatible with at least one of the three wounds on Kercher’s neck, but it was likely too large for the other two.” (Barbie Nadeau in Newsweek).

The sentencing report of Judges Giancarlo Massei and Beatrice Cristiani also now confirms that the knife is absolutely compatible with the large wound on Meredith’s neck.

False Claim #5

Judy Bachrach claims that when Knox and Sollecito changed their versions of events they did so because things got rough.

Simultaneously, in a separate room, Raffaele, too, was questioned by police. Like Amanda’s, his version of events seemed to change whenever things got rough.

Raffaele Sollecito actually changed his version of events most dramatically on 5 November 2007 when he was confronted with the telephone records that proved that he and Knox had lied. It was then that he in effect threw Knox under the bus, and he has never really backed her versions of events on the night fully ever since.

And Amanda Knox in turn changed her version of events most dramatically when she was informed that Sollecito had admitted that they had both lied, that he was wrong to go along with her version, and that he was in effect no longer providing her with any alibi.

Knox and Sollecito’s multiple conflicting alibis did NOT happen because “things got rough”. They actually happened because Sollecito and Knox were both repeatedly caught lying. And they changed their stories periodically merely to fit the new information as it became known - and at pretty well no time after they were first caught out in their lies did the stories of the two ever match. .

By the way, wait for something of a bombshell. Judges Giancarlo Massei and Beatrice Cristiani in their sentencing report expose more lies and contradictions by Knox and Sollecito which haven’t as yet been reported in any of the English-language the media.

False Claim #6

Judy Bachrach wrote an article about the case for the website Women on the Web headlined Amanda Knox’s Abusive Prosecutor.. (Hmmm. Smart title.)

Amanda was also told if she didn’t confess she would get the maximum ““ 30 years in prison. And ““ oh yes ““ at a time when, having just arrived in Italy, she spoke pitifully little Italian, she wasn’t provided with a translator.

Judy Bachrach clearly wasn’t in the courtroom when Amanda Knox’s interpreter, Dr. Anna Donnino, gave her evidence as to all the work she did on the night of the interrogations. And Judy Bachrach clearly hasn’t read the numerous articles that actually describe the interpreter’s testimony.

False Claim #7

Judy Bachrach claims that an Italian reporter was thrown into prison for being critical of Mignini. She is clearly referring to Mario Spezi.

Mignini is no special friend to journalists. One Italian reporter who especially upset the prosecutor a while back was thrown into prison “” in isolation. An American journalist who was that reporter’s friend was interrogated so harshly that, fearing incarceration himself, he hopped the next plane back to the United States, where he started a campaign (ultimately successful) to free his friend. Their crime? They were critical of Mignini.

Spezi is currently on trial for disrupting the investigation into the Narducci case. He has NOT been charged with criticising Mr Mignini.

Judy Bachrach has made a number of television appearances on CNN and other networks in which she was scathing towards Mr Mignini and the Italian legal system. As with her articles, Judy Bachrach makes many wild and inaccurate claims.

False Claim #8

She incorrectly asserts that the defence teams weren’t allowed to produce evidence of their own DNA experts - despite the fact that the Knox and Sollecito defenses each had large teams of DNA experts testify. From the videos in this post:

The defence wasn’t even allowed to produce evidence of their own DNA experts.

Gino Professor, Carlo Torre and Walter Patumi were some of the DNA experts who testified at the trial on behalf of Amanda Knox. Professor Vinci, Adriano Tagliabracci and Francesco Introna were some of the DNA experts who defended Raffaele Sollecito.

False Claim #9

Judy Bachrach has repeatedly claimed (you can see her do so in these videos) that Amanda Knox was kept in prison for two years before her trial.

They kept her in jail for two years even before trial [although] there isn’t an ounce of real hard evidence against her” And “It was decided to keep Amanda Knox in jail for two years prior to her trial.

If Knox and Sollecito had been kept in prison for two years before their trial as someone “decided” their trial would have started in November 2009. The reality is that their trial started in January 2009 and it was originally scheduled for December 2008, just two months after Guede’s. 

Judy Bachrach is not the only American journalist who is ignorant of the basic facts of the case, and responsible for some of the serious misinforming of the American public, both about the crime and about Italy.

But she sure does seem to be the only one to have made it into a little industry..

By the way, we sure look forward to the YouTubes of Candace Dempsey and Nina Burleigh propagating their own books on the case when those books are released. Will they now finally be describing the truth, the whole truth, and nothing but?

Don’t hold your breath.


Tuesday, May 24, 2011

Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #3

Posted by Skeptical Bystander


The previous post is here.

CNN’s report is downloadable here. The first hour is here and the second hour here..  Our translators were PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

0’28’’ CNN: you certainly made no secret about intimidating Preston and Mario Spezi

0’49’’ Mignini: Well, I do not understand what intimidation. So, well look. For starters, this proceeding near Florence has nothing to do with this issue. So this is a non-issue. So, as for Mario Spezi, and I’ll come to Preston later, Mario Spezi was subjected to an investigation that, in relation to this matter is not closed yet since it is still pending, and following [in relazione a] this investigation, a precautionary measure was requested, which the investigating judge granted. Then the re-examination Court [Tribunale del Riesame] instead reversed the decision. While, in Amanda’s case, [the precautionary measure] was confirmed. As you can see, in Spezi’s case, the re-examination Court [Tribunale del Riesame] canceled the precautionary measure on grounds of default. In the Court’s view, there were not enough serious indications of guilt on the subjective aspect [of the crime].There were [indications of guilt] on the objective aspect of the crime of calunnia [false accusation], the crime for which he was being prosecuted. On the subjective aspect, i.e. the bad faith, there were not. And thus the court, the re-examination Court, reversed this measure.

But during the investigation, even before a measure against Spezi had been requested, a relationship between this writer, Douglas Preston, and Mario Spezi had emerged. And Preston, a writer, was summoned as a “person informed about the facts”, I do not remember, I think it was February 2006. And he was, just like many other people “informed about the facts”, he was interrogated by me. During the interrogation, this time he was questioned by me as if he were, let’s say, a witness, during the examination as a person informed about the facts, evidence of guilt emerged against Preston. And, in particular, Preston’s answers were not consistent. They appeared to me, in that moment, they did not appear to be true. So at that point I stopped the examination. Look, the examination lasted approximately twenty minutes, not more. I met Preston only on that occasion. About twenty minutes ... I told him: “I must suspend this examination.” Just like the Police did with Amanda, always according to art. 63. “I must suspend your hearing because evidence of guilt has emerged in relation to the crime under art. 371 bis of the Penal Code”. Now, pay close attention to this [missing words]. “And thus you must appoint a lawyer”.

He signed. Present in my office, which was not the one you saw this morning but it was another one, also on that floor, were my assistant, the clerk, Dr. Daniela Severi, there was the captain of the Carabinieri, Antonio Morra, there was a police [woman] officer from Florence, and I think there was a magistrate in training that I think was training with me, I do not remember this now. However, there was the captain, a police officer and the clerk. He signed [the statement]. I accompanied him to the door and to try to explain to him, he had told me that he spoke Italian but, in my opinion, but he did not [missing word] Italian. He believed he could speak Italian but he did not fully understand this procedural aspect. I told him, I remember we were by the door, “you must now appoint an attorney. This process that I am now opening against you for making false statements to the prosecutor, Article 371-bis, will remain suspended by the law, because the law provides that this offense, if one makes false statements to the prosecutor in a criminal case, this process that has been opened for false declarations will remain suspended until the main proceeding in which these statements were made is defined”. He did not understand this detail and he, I was really surprised and amazed by this fact, he thought that I was encouraging him, and he then said that I had encouraged him to flee, that I would arrest him. I never said such a thing because this charge does not provide for arrest. And that’s all.

Then I followed what he said throughout this matter which is completely [..missing word.. ] .. completely misrepresenting what happened, and then I dismissed the case because there was no… I decided to terminate the proceeding and there was nothing else. It’s all there, the Preston matter ends there.

07’37’’ CNN: I interviewed Preston and, according to him, this is not true. He said the interrogation lasted two hours. And (reading what Preston said): “I started to sweat, the prosecutor began to ask again the same questions, worded in a different way” he insisted with his secretary for [having her] repeat what he had said, which is the truth? “I started to feel that I was looking like a liar by the way my voice was trembling”. He had to write a statement in Italian, he had to do it several times because the person who was writing it did not understand well. Is he lying?

09’20’‘Mignini: Well, you have listened to Preston, I had the assistants, I did not think to bring them with me, but they can tell you everything. I do not remember now how long the interview was, I think about twenty minutes, perhaps half an hour, perhaps, perhaps, I do not know, an hour or so, I do not know, I have to look at the record.

However, what is certain is that when you make a statement, a few things are asked and the person must tell the truth and I challenged some of the things he said. I do not remember now in detail because it is of no [word missing], I have had other things to deal with [and] I do not even remember it. I challenged some of the things he said, I remember that I made him listen to a few phone calls that had been intercepted, phone calls in which he was speaking with Spezi, and what he was saying was not credible, it did not seem to be credible to me. I put it on record, because I had to dictate the statement to the assistant, who wrote the statement, and Mr. Preston signed [it] and he therefore recognized the validity of the statement, because he signed it, he did not refuse to sign it. Therefore an interrogation was made and a few statements were challenged.

The person, Preston, made a few statements that were not [missing word], that did not appear to be at all credible to me. I made him listen to, to prove that according to me he was not telling the truth, a few intercepted phone calls and I do not recall seeing him particularly [missing word]. Then if he was in a state of mind that a person is in when interrogated by a magistrate, if he felt troubled, I do not know. If that were to be the case, I am sorry but I’m afraid that it is like this in my line of work. Interrogations are made, one must hear [missing word], the person must tell the truth. And if [a person] does not tell the truth then objections must be raised. What is clear is that I challenged these facts, we put [everything] on record. Others were present: the assistant, the clerk, the Carabinieri captain, the police woman, therefore there is no point in discussing this, there is nothing more than what has emerged, than what came out in the statement. Preston signed the statement.

12’02’’ Then, the thing that struck me is that I subsequently received a few requests asking me, and I read this on a few Internet websites as well, if certain statements had been made. I really do not wish to comment on those statements because I do not wish to get into an argument here. I would like to try to explain that, if he had come back, because he had to flee because he would have been arrested if he had come back to Italy: this is a pure fiction, a total fabrication, non-existent. Furthermore, I dismissed his case and therefore I do not see how [missing words]. While the other proceedings, the proceedings against Spezi, are still pending.

13’00’’ This is the situation, I remember that I [missing words], subsequently he [Preston?] even asked me for an interview, to which I, to this request, did not respond.


14’16’’ CNN: it sounds very similar to what Amanda Knox described.

14’22’’ Mignini: It is completely different because I interrogated Preston [while] Amanda was interrogated by the Police. In Amanda’s case, her interrogation was halted by the Police. In Preston’s case, his interrogation was stopped by me. Preston was not arrested, Amanda was [arrested]. The two things are completely different. They have absolutely nothing in common apart from the fact that I was the prosecutor in both cases. But this is all. Just like in many other proceedings. There is not the slightest element in common.

15’23’’ CNN: you have just said that your job is to make sure that a witness tells the truth but at the same time you did not verify what was said by the homeless man and by the two neighbors”¦

Mignini: A person tells me that he saw her, he tells me that he saw what they did, he tells me the times, and he tells me things that no one has denied. If Mrs. Capezzali, Capezzali I think, relates what she heard and the thing is confirmed by another witness who lived below her and no one denies this. And that’s not all”¦ there are two Calabrian girls who lived in [missing words], almost where the metal staircase ended, the one that was presumably used by one of the young people. These two girls as well say that they heard running. Therefore, there is the scream, heard by two people, the repeated footsteps that were heard, the scream and the footsteps that were heard by Capezzali and by these two Calabrian girls.

Whereas in Preston’s case there were the telephone calls that contradicted his statements. In that moment I had the telephone calls and if someone says something [missing words], this is contradicted by these telephone calls. I do not remember now in detail because I did not, I do not remember in detail these aspects but they were documented. In that case, I therefore had the elements to say: “you are telling me things which are not true”. In the other case, there were never any [contradictory elements]. The homeless man, the two Calabrian girls, Mrs. Capezzali and the teacher Monacchia were heard, they were subject to examination and cross-examination and they confirmed everything. This means that their statements became evidence, witness evidence. Whereas Preston made those statements that were contradicted by the intercepted telephone calls and I challenged those statements. It emerged immediately there, I objected, it’s very clear. There is no [missing word].

18’41’’ CNN: In your opinion, do you believe that Narducci was involved in the Monster of Florence murders?

18’50’’ Mignini: This matter was the subject of a criminal proceeding, proceeding number 1845 0821, which was dismissed, for those were investigated, due to lack of evidence [formula dubitativa] in the case of the murder and due to the statute of limitations for the other crimes. This means that the crimes had been committed, they had been attributed to certain people but too much time had gone by and the offences had become statute-barred. In this proceeding, the GIP fully sustained the Prosecutor’s (that was me) request, which was: the three fundamental points were that Narducci had been murdered because the autopsy that was performed demonstrated that there was a fracture of the left superior cornu of the thyroid cartilage which cannot be caused by accidental impacts but it can only be caused by a restricted, localized and increasing pressure because it is [in] a protected location and the medical examiner determined the cause of death to be strangulation; the GIP acknowledged that the body pulled out of the water, which had been officially established as being that of Narducci, was not Narducci after all; and that Narducci was involved, the GIP said, in the case of the double homicide murders of the couples. This order was appealed by Narducci’s relatives, not by his wife but by his relatives. However the Supreme Court of Cassation rejected the appeal as inadmissible. Therefore, the matter is now closed at this point.

20’48’’ CNN: Yes, but the question is if you think”¦

20’50’’ Mignini: It is what I maintained. I maintained it and the GIP acknowledged it. He accepted these aspects. Then, regarding the whole matter, since there is another pending proceeding, it will not add anything more. I will only say that this aspect was the subject of a proceeding in which I maintained these things and the GIP acknowledged them. He accepted the whole accusatorial framework [impianto accusatorio].

21’55’’ CNN: The body in the lake was not Narducci’s?

22’00’’ Mignini: let me explain. The coroner who performed the autopsy is Prof. Giovanni Pierucci of the University of Pavia, head of the Forensic Medicine department at the University of Pavia, and other consultants, among them Brigadier General Luciano Garofano, who determined, from different points of view, the following things: the corpse that was pulled out of the lake on October 13, 1985, was that of a person who was almost bald, size 60, which means that it was in a state of bloating decomposition, was wearing specific clothing and was in such a state that the coroner, before he opened the coffin, thought he would be in the presence of a corpse that could no longer be effectively examined. Conversely, once he opened the coffin, he found Narducci’s body, with thick hair and it was wearing size 48/small belted pants. Around the waist the body was in excellent cadaver condition. In particular, the encephalon did not contain any diatoms which would have been present in a drowning case.

Therefore, the consultant who performed the autopsy stated that this situation, the dimensions of the corpse, the different clothing and the different state of cadaver preservation, indicated that the correspondence between the corpse that had been at the time recovered from the lake, as described by witnesses, and Narducci’s body was at best uncertain. To further ascertain whether or not the body recovered from the lake was Narducci’s, an anthropometric examination was conducted by a Pavia Forensic Medicine assistant, Dr. Cristina Carlesi, and then by the Parma RIS Commander, General Garofano, at that time a colonel. [The examination] confirmed that the corpse [recovered from the lake] had dimensional characteristics that made it incompatible with Narducci’s body examined [rinvenuto] during the autopsy. These aspects have been subject to multiple tests.


25’39’’ CNN: Dr. Mignini, do you like a good conspiracy theory?

25’42’’ Mignini: AHA! Here comes the conspiracy”¦ Listen, there is no conspiracy here, I do not know what that means. A size 60 person does not fit in a pair of size 48/small pants. There is no conspiracy here!

26’08’’ Mignini: There is not a conspiracy. This is reality. Fairy tales are another matter but this is reality. The reality is that one must examine the reality. Unfortunately, the reality is that when I started these investigations, which are different from the ones we discussed now, I did not have, I said: “let’s see what there is”. And the medical examiner told me these things. A corpse that has been under water for five days and that is in an advanced state of decomposition is in the emphysematous phase when it surfaces again which means that there is also abdominal bloating and a pair of size 48 pants cannot fit. And this one had hair, the other one did not. The point is that [missing words] if one drowns, you have diatoms but this one did not have any. And then there is the matter of the hyoid bone fracture”¦ This is not a conspiracy. I do not know what you mean by conspiracy.

27’16’’ CNN: Or rather a very imaginative reconstruction, one says, sorry, let me be clearer: in English one uses a lot [missing words]

27’31’’ Mignini: Look, there would have been a conspiracy if I had led with this idea. But I did not start off with this idea. I took note of, I always say this, take note of what is reality, of what can be touched, of what can be seen. That is, I cannot make up reality. If reality tells me that that person is wearing a pair of size 48 pants and it is preserved in perfect condition, eh! Forensics tell us that there is something that does not make sense.

0’11” Mignini: Pardon, if I might add, it’s the exact opposite of what he said. It is exactly because I take notice of the outcomes, I don’t have a predetermined idea. And so I take notice of what is there. And so if they say, “˜Look, that can’t be so’, his wife tells me, “˜he was wearing other clothes when I saw him leave for the last time. I’ve never seen these clothes before that I can see here in the photo of the recovered body’. Ah, so there is no conspiracy, it’s reality and it needs to be taken note of.

1’03” CNN: You’ve never said that Meredith’s death was a satanic rite?

1’08” Mignini: I have never said that. I have never understood who has and continues to say that. I read, there was a reporter, ““ I don’t know his name, I mention it because I noticed it, ““ who continues to repeat this claim that, perhaps, knowing full well that it’s not like that. I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up. This is a conspiracy, a fantasy, to my detriment though, to my detriment. Simply a sexual act. And maybe I have always said, I maintained this in the first-instance trial, there was a relationship which deteriorated between the two girls. I’ve always maintained that. I’ll tell you this because”¦

2’54” CNN: The discussion of the news that came out yesterday, of the non-DNA that they found on the knife”¦

3’03” Mignini: Well, then I’ve said that I would prefer not to speak about the current phase of the case. Although I’ll tell you this, that when the tests were carried out by Forensics at the time, Forensics used, with cross-checking of the parties involved, all the genetic material present on the knife and the [bra-]clasp. That is, on the clasp there was a lot of it, so a part of it was used, but on the knife all the material that was there was used. It was an unrepeatable test, that exactly why it was unrepeatable [was] because all the material was used, because, taking all of it, a more reliable finding could be made, unable to be repeated. And so it came to be done with cross-checking of the parties involved. If this material was collected up three and a half years ago, what could have remained of this material? Nothing. The material on the clasp turned out then, I believe, to have deteriorated due to the presence of rust. And the rust could not have been prevented because, if one uses an anti-rust product, it would have burned the genetic material that remained. So I, I won’t enter into the merits of this discussion although, the test that was done at the time, was a definitive test, unrepeatable. The Court ruled that it was admissible to try and see if there was the possibility, to see if there were some material, some portion of material remaining. Probably there’s none left because it was used to do the tests at the time. That’s it. So it’s quite simple.


5’48’’ Help me to understand how is it possible that there was none found (DNA) in the room?

5’57’’ Mignini: How is it possible? It is possible, to begin with on the knife. The knife was in the room, means it was used. If the knife is the murder weapon, the knife was in the room. If that genetic material [is] like Dr. Stefanoni said, the genetic material of the victim on the blade and that of Amanda on the handle was in the room. The bra clasp contains the genetic material of Sollecito, and it was in the room. It was moved by one meter, because police can’t…. this can happen when there are so many items in these checks, but the bra clasp was in the room. There was genetic material of Sollecito there, of Rudy, and of the victim. So it is not true that there was no genetic material in the room, there was genetic material belonging to Sollecito, for example. And then if the knife is the murder weapon, as we found in the investigation process, the knife was on the scene of crime.

7’04’‘And then, anyway at one meter [distant] from the scene of the crime, in the corridor and in the small bathroom, there was: the mixed blood of Amanda… how is that possible? And so now I put the question to you, I return the question: how is it possible that there is mixed blood of Amanda, that mixed blood of Amanda and the victim was the small bathroom, which is very near, next to the murder room? That in the bathroom there is a footprint on the little mat dirty with blood, which is attributed to Sollecito? That in the corridor in front of the door of the crime room there are bloodied footprints attributed to Sollecito and Amanda? How is it possible to find these elements if they were not there? [That is a] question. I would like an answer from you but I’ll tell you.

Only a question ““ but I would like an answer to that ““ I ask you this:

08’52” Mignini: but that blood”¦., Amanda says that she did not see it on the night of the first; she saw it in the morning [of the 2nd] when she says she went into the room. How is it possible, if they stayed the night in Sollecito’s house, they spent the night in Sollecito’s house, that there can be mixed blood victim/Amanda in the little bathroom?

Sollecito’s blood-stained footprint on the bath mat? And the prints of Amanda and Sollecito in the corridor? Eh eh, we always come back to that?

09’42” Mignini: In any case, the law is not an exact science, as you can see, because it is capable of being appraised, the pieces of evidence are capable of being evaluated in various ways. The day there is a centralized computer, we will have fewer trials, we will feed the data into the computer and it will give an answer. Although it is clear that there are differing evaluations because the facts can be evaluated in different ways, the testifying, this happens in all trials.

10’40’’ CNN: is it possible for a prosecutor, who is facing problems on his own, to take this opportunity, of a so sensational case…

10’58’’ Mignini: I have not taken any opportunity, since that day I was [on duty] on my shift. We have a one-week long shift, so I have not taken this opportunity. I had been on duty since the previous Monday, and my shift would end on the following Monday, which was the 5th. I think, and since the crime was discovered on the 2nd it was me who had to intervene. Then if you tell me: how is it that there is a procedure of this type, in which there is an acquittal which I would like to be talked about, because, I notice, that nobody speaks about this acquittal. And instead the whole truth must be told, because [in] this procedure against us which, let me tell you the whole truth, this as a process is a bit strange, anyway there is an acquittal. A full acquittal of which no one has spoken. The conviction instead is temporary and is undergoing appeal.

Now, the Italian procedure provides that whenever there is a disciplinary proceeding against a magistrate, when disciplinary action would be, as in this case, merely related to a criminal proceeding, i.e., you have a criminal proceeding, there is automatically disciplinary procedure, the disciplinary procedure is suspended until the determination of the criminal proceeding. So, for one part there was a full acquittal, not “doubtful acquittal” [insufficient proof] but full, ascertained objectively. For another part there is an ongoing appeal, in which we have objected to the jurisdiction of the court of Florence. That is, the court of Florence shall not judge in this process because prosecutors in Florence were involved in the case in various ways. They could not deal with the proceeding in Florence because you can’t have a trial in your own home.

13’53’’ Mignini: after that I would like to add one more thing, if it helps. During the trial, I never [*avoided questioning], I have always undergone examination. That is, I said: ‘just put questions, I have no problem’. Because I have no problem about this case, I have done the investigations that were needed to be done. So, there was no attitude of intimidation, in the most absolute way, because, among other things, I explain to you, you can’t put pressure on a person by performing activities that will remain secret for that person, even a child understands this. Maybe my children [little girls], even the smaller ones would understand this. So I cannot intimidate a person if I try to put pressure on that person through an activity that the person knows nothing about; I am not intimidating anyone, you see, this thing is just unrealistic. Thus I never [*avoided] I have always undergone questioning and I have the utmost confidence in [*justice] because I always had the utmost confidence in the judiciary activity. I was always ready to undergo examination, I said ‘ask me what you want’, I have put all the acts at their disposal.

Those are investigations that require you to understand them, because they are complex investigations and a judicial authority that didn’t do these investigations won’t understand them. So much that I had a confirmation - now I won’t say much about this, I won’ explain in detail this aspect - I had a confirmation that, about this case that I dealt with, the magistrates who have dealt with did not grasp the range of it, and they assessed that these acts were acts unrelated to this case. I may add to this, since this is for the purpose of explaining the picture the Italian legal system [ .?. ]: ‘the crime of abuse of office’ [...] I’ve seen many times when they were explaining “convicted” [repeats “convict” in English] I think, of “abuse of power” [in English in text]. It is not abuse of power.

The “abuse of office” is a misdemeanor in Italy, that is, before the 1997 reform, it was a very indeterminate crime, and then one could even, giving a wrong interpretation, even configure a charge of this type. Today, in order to configure a charge of abuse of office, conditions are required such that the charge is unlikely to be configured because it requires a breach of the law in real time ... that is a law that has to be immediately “preceptive”, which means not a procedural violation, such as those that have been charged against me. This violation must have resulted in unjust harm as a direct result of that violation of the law. And the subject who committed the violation must have accomplished this action with willful malice. That is, they must have done it primarily in order to harm another person. But I cannot harm or intimidate someone by performing an activity that will remain unknown to the person. This I… it is just logic, not a matter of [ .?.]


18’16’’ CNN: Don’t you have even the slightest doubt that perhaps you accused two people who maybe are innocent?

18’32’’ Mignini: Look, I want to make you a [ .?. ], I want to be, I am very sincere, so, I’m very, very fair and very sincere when talking. I have the [.?. *certainty?], since I made some requests I had the absolute certainty that they were responsible. Thus, otherwise, if I had a doubt, this is my assessment, I would have asked for an acquittal with dubitative formula. I tell you another thing, though I was told this, I have not seen the movie, I do not know [if] this movie will be aired in Italy, about how is that one of the Life Time movie like… I was told that in that film the actor who plays me was smiling when Amanda was convicted. I was told that, I haven’t seen it, I don’t know if it’s true. Is it true, did you see it?

CNN: No.

Mignini: I was told that the actor smiles. I did not smile instead because it was a duty to make this request, but a judge who makes a request of conviction does not do it, let’s say, lightly, far from that. Because they are two young people whose families I can see and hence the suffering of these families. But I do it because it is my duty, I deemed to do it, so I did not have the slightest doubt. But it’s not true that I was happy. I mean that I was [not] like the actor that I was told about who smiles, because asking for the sentencing of two youths who could be my children, in short, is not something that makes you happy. This I would like to make it clear. That is I did it because I was sure, I did it but .... These are weighty matters. Because the judge who asks for a conviction does it with a, how to say it, a feeling of necessity It is a duty, but it’s not that one is happy about it. This is, I would like to make this clear. (...)

22’45’’ CNN: But at the same time, can you sleep at night thinking you did the right thing?

22’53’’ Mignini: I have a clear conscience, yes. You, I remember you were present when I made the request for conviction, the sentencing request, I have ... I explained it, it happened to me because I was the most senior judge, that was not the colleague, my colleague had carried out her work, her scope: the matter relating to genetic testing, cells phones, computer investigation. I had to do the investigative part, let’s say that by the event, the part dealing with the evidence collection. And then at the end I had to make the final request, I tell you, I have four daughters, so I know what it means, I am”¦ I have a clear conscience because I asked, and I did, what I deemed [it had to] be done. I asked what I deemed and this is my assessment, I am ... who knows me knows that there is a way to persuade me: to convince me rationally. I am ... and those who know me know it, one who, when faced with a rational assessment, I often happened to concede that the person who has proven it to me was right. But I must be convinced. If I am not convinced, I am not convinced and I have my position. My position [is one] that I draw from the analysis of the elements, never by a preconceived or conspiracy-oriented assessment, anyway from the facts, from facts alone absolutely.

25’32’’ Mignini: I hope that, I do not know if it’s over, think it’s over, I hope that there was a [..?.. *question] ..., there is one, a lot of different views, including the interpretation of events that occurred, that are very different. I tried, I didn’t have means because the judge is not allowed to speak much, and not much freely. I had read many times, I also received messages that were not exactly pleasant. Then also I read a lot of things that were totally unfounded and I hope I made a contribution. That means, you can have different opinions. I [think]”¦ Sure, you can have different opinions, I, as the magistrate who works as a prosecutor; it was me in the investigation at the first instance trial and now as an assistant on appeal. You can have different opinions, I respect opinions but I expect that you do not put into question the good faith and intellectual honesty of the investigators, because there are no [*prejudices? reasons?] towards those young people who were totally unknown.

We did what we deemed [was right] doing, what we found, which one may not subscribe to. I respect all opinions, but the ones who were responsible for conducting the investigation and supporting what is called the accusation, that anyway, let’s repeat it, is not an accusation but an organ of justice, [those ones] are us. And we took the responsibility for doing what we asked for. There is a colleague who worked with me, she was very useful because she helped me on some issues, from a biological standpoint, she is a colleague with whom we work together in the executive council of the National Association of Magistrates. So I hope that, I don’t know, but I wish, just hope, that at least I have been able to help in clarifying [the matter]. That is, that at least something could be said [missing words] that is not exactly what we thought. This is what I would like, at least I hope.


Sunday, May 22, 2011

Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #2

Posted by Skeptical Bystander


The previous post is here.

CNN’s report is downloadable here. Our contexting and the first hour are posted here..  Final post Tuesday. Our translators were PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

0’40’’ English question [Translator’s note: These words are in English in the Italian transcript of which this document is a translation.]

0’48’’ CNN: You didn’t interrogate Amanda?

0’50’’ Mignini: Oh, the police interrogated her. I was told about it. I wanted to explain this. I remember that I had gone to sleep and the director of the flying squad, Dr. Profazio, called me, because he tells me: “There are developments; Raffaele in fact has denied what he had said before”. So I went down and the head of the flying squad told me what had happened. At some point they tell us that Amanda has made this statement.

And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda, who had placed herself on the scene of the crime and who said that she had accompanied Lumumba and let him in and that then Lumumba, in the other room, allegedly committed a sexual act and killed Meredith. This is what she said.

2’11’’ Then I was called, I was informed about this, I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba.

20’48’’ Then I, as I had in some way to, let’s say… this police interrogation had been suspended. At that point I remember that… they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter, who was Mrs. Donnino, I remember there was a police woman officer who wrote the statement down [verbalizzava], I did not ask questions. She basically repeated what she had told the police and she signed the statement. Basically I didn’t ask Amanda questions. Not before, since the police asked them and I was not there, and not after, since she made spontaneous statements. Had I been asking her questions, a defense attorney should have been there. This is the procedure.

05’24 CNN: She had an interpreter during the whole time?

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

05’32’’ Mignini: Look the interpreter was there, when I heard her there was the interpreter. The interpreter Anna Donnino, who is an interpreter for the police; she was hired by the police.

Just like I believe that there was [before], I do not have the minutes now, but yet now this is a fact, it is undisputed that there was an interpreter.

06’02’’ CNN: Amanda Knox says she was interrogated for 14 hours…

06’11’’ Mignini: No, look, absolutely not. At 1 a.m., the minutes of Nov 6th has started at 1 a.m. and I arrived, 14 hours that cannot be, we are really… that’s absolutely impossible. So the minutes were done at one o’clock, then the minutes of the spontaneous declaration was taken at 5.45, it maybe lasted half an hour because no questions were asked. She made her statements; they were translated; then at around 8 a.m., I think, at approximately 8, I drew up the detention order. Thus it is… well, she had been heard earlier, so she had been questioned as a person informed of the facts at around one forty-five a.m. She had previously been heard by a female police officer, but [that’s] because she had gone voluntarily to the police and she reported that, she said things quite relevant to the investigation of Raffaele and was heard by the inspector [Rita] Ficarra. However this [event] ... I was not there, I do not know [about it]. But remember, there are the minutes. Then the minutes in which she was questioned as a person informed of the facts starts at 1:45 of November 6, and cannot have lasted 14 hours ... in no way whatsoever. Then she was arrested at around 8 a.m. or at about 9 a.m. or so.

08’16’’ Mignini: Look, I remember what I saw when I saw her personally, because she said, I told her: “you can make, if you deem it [necessary], a spontaneous statement, because Italian law provides for this. If a person is aware that he/she is suspected [under investigation], may request to speak before a magistrate, it happened many times, they came also to me, and they say “I want to make a statement”. Very well, I listen. If I listen, I wanted this to be highlighted…. to be clear, I listen and that’s all, and I ask no questions, the defense attorney may be not present. But if I ask questions and I object to the facts [of your answers], it is like an interrogation and thus we would need a defense attorney.

09’10’’ CNN: was [Amanda Knox] scared?

09’11’’ Mignini: Well, I recall this feeling that I had in that moment which, [as] I am explaining to you, in the spirit in which I am doing this interview, to explain to you the acceptance [adozione] of our requests [provvedimenti], what was, why the trial went in a certain way. [Translator’s note: The Italian in the CNN transcript is nearly incomprehensible. We have provided the foregoing on a best effort basis.]

09’36’’ She was, she seemed to me like she was uplifted, freed of a weight, and terrified of Lumumba. That’s an impression that has stayed with me, yet I don’t understand. I remember that there was a policeman who was called, from the SCO [Servizio Centrale Operativo] in Rome, who made an impression on me because he was very fatherly. She was crying as though freed of a great weight, and he was trying to console her. I remember there was also a policewoman who, well, she…[missing word?] and I’m sure that.. [missing word?] .. well, all that picture how it was described later… at that moment it wasn’t like that. Right then, there was a situation in which I was trying to console her, to encourage her, because actually we believed that she had told the truth.

11’03’’ CNN: No one hit her?

11’06’’ Mignini: No, look, absolutely not. I can state this in the most positive way, and then, let’s say”¦ I wasn’t there when she was being questioned by police, the rooms are quite far away”¦ you don’t know but I was”¦ it’s quite far, there’s a corridor, and I was with the director, Dr. Porfazio, and she was being questioned in a different place. I also remember that passing through, I also saw Sollecito who was alone in a different room; he was also being questioned, as I recall. I don’t exclude”¦well”¦it’s clear that I wasn’t there, but I don’t believe that anything whatsoever happened, and in my presence absolutely not.

11’55’’ On the contrary, there was an attitude of”¦ I mean they gave her [some] ... [missing word?] then she was like, you know, like someone crying from a sense of liberation, as though she had been freed. That was the attitude.


12’51’’ CNN: Why wasn’t there any video or transcript of those hours?

13’00’’ Mignini: Look, that’s, I was at the police station, and all the”¦let’s say”¦when I made investigations in my own office, I taped them. I taped them, we have an apparatus for that, and I transcribed them. For example, there’s the interrogation of the English girls, Meredith’s friends, it was all taped. The interrogations of Amanda in prison were taped, and then transcribed, and we have the transcripts of”¦ But in a police station, at the very moment of the investigation it isn’t done, not with respect to Amanda or anyone else. Also because, I can tell you, today, even then, but today in particular, we have budget problems, budget problems that are not insignificant, which do not allow us to transcribe. Video is very important”¦I completely agree with you that videotaping is extremely important, we should be able to have a video recording of every statement [verbale di assunzione di informazioni] made Because what is said is very important, but it’s maybe even more important how it is said, the non-verbal language. Because from the non-verbal language you can [missing words].

15’14’’ Mignini: It isn’t only Amanda, it’s always like that. But I wanted to say that I agree with him that it’s fundamental, only there’s a problem, especially when the witnesses are so numerous, and in fact just recording, I mean recording the sound, isn’t enough according to me.

15’38’’ CNN: It doesn’t cost much, he says.

15’40’’ Mignini: Well we have significant budget problems, that’s what it is.

15’38’’ CNN: So in the end, you did get a confession. But then, everything that was written in the confession became a lie?

16’16’’ Mignini: But then, there was the fact that she placed herself at the scene of the crime, and Lumumba wasn’t there, together with the three of them, the two of them, but Rudy was there, according to the facts that emerged later. But the fact of having accused”¦and she’s even accused of calumny in regard to Lumumba, was an element that was very important from the point of view of her legal position at the trial. Why accuse someone of participating in a crime, placing yourself at the scene of a crime? Because with those declarations, she placed herself at the scene, at the place of the crime. And she placed someone there who was a complete stranger to it. Why did she do that? There is one detail that’s particularly significant. Above all when Lumumba was arrested and no one ““ if it hadn’t been for the Public Prosecutor’s Office that conducted the investigation, and that is mandated to seek elements in favor of the accused, Lumumba would have stayed in prison. But we investigated, and we saw that Lumumba wasn’t involved, that he was the object of calumny and so he was freed and the case against him was archived.

18’15’’ CNN: Was she asked to imagine what might have happened?

18’24’’ Mignini: No, absolutely not. Either you saw a person or you didn’t. I can’t ask someone what they imagine because it would be a question that doesn’t mean anything, that I even don’t understand.

18’44’’ CNN: Do you think Amanda Knox is bad?

18’46’’ Mignini: Look, by the way we did make some personality assessments, we usually do make them, but they are only for investigative purposes. About Amanda I can tell you that she is a very, extremely intelligent girl, I always said so, about being bad, I don’t .... I wouldn’t, I couldn’t say anything. It seems to me that going beyond this would be a personal judgment, devoid of significance. What is important is the fact, what is important is why an event takes place which is a crime, a crime accomplished without premeditation. So I don’t”¦ any”¦ I mean, I don’t want to do it, I don’t think it would be right to say that someone is good or bad, absolutely not.

20’09’’ This means the assessments that we did make were made only in order to ascertain responsibility, but what someone’s personality is, the personality of the accused, that deserves great respect and we don’t, the evaluations that we do we only make them to ascertain responsibility and then for the sentencing. At that stage in fact the personality of the criminal is taken into account, for the purpose of establishing penalty, in Italian law, but we did that in the request for a guilty verdict. There, there was one element that has some relevance to the psychological aspect; it was the fact that a crime was alleged that was committed for futile motives, which is an aggravating circumstance. And we did hold that this was an aggravating circumstance, but it was only for this purpose that we made personality assessments, not for any other purpose.

21’26’’ During the investigation, I heard them being made, and I read articles, they kept attributing judgments to the investigators that were never made; certainly I never made judgments like that. I have the greatest respect for the persons of the accused.

22’30’’ CNN: The accusation [Translator’s note:  non-grammatical question] is like: once it was proven that Lumumba was basically a lie of Amanda’s, you should have started again from scratch. Once all the DNA evidence of Rudy Guede came out, you should have said we’ve found the culprit, because of the fact that there just wasn’t any trace at all inside the room, and then, according to the defense, the defense says that you became fixated on Amanda and Raffaele, almost obsessional.

23’19’’ Mignini: No, absolutely not. I did what I did and now I’m talking about the past, about what the investigation showed, about what happened at the first instance trial, because I am, I was and I am, I did what I did because I’m convinced, on the basis of the evidence collected, that they were responsible, in the most absolute way. There isn’t”¦how was Rudy involved? Rudy was one element, but the crime, I repeating, one can’t say any longer that this crime was committed by a single person. Now we have a judgment from the Court of Cassation, the Supreme Court, saying this crime was committed by Rudy together with other people, and it then indicates, by confirming the verdict and sentence of the Court of Appeal which condemned Rudy, that it is incidentally speaking of Amanda and Raffaele. So from now on, this crime must be seen as having been committed by more than one person, one of whom is Rudy.

24’36’’ So what has been assessed was held, I want this to be clear, precisely for the purpose of reconstructing the facts: I am called[C1] , I issue the warrant of arrest, for the arrest of Amanda, Sollecito and Lumumba, it goes in front of the Judge for the Preliminary Investigations who rules on the grounds of the warrant for arrest, so there’s a request to validate the arrest and permit a precautionary measure; the judge for the preliminary investigation validated the arrest and allowed the precautionary measure. Then Lumumba was removed from the picture because we conducted our investigation and saw that he wasn’t involved, so he was out. So, when we had collected the elements that convinced us, me in particular since I was the one who made the request, the archiving request, first his release and then the archiving of the proceeding against him.

25’37’’ If that had been, but I don’t accept that attribution, there isn’t any, there isn’t any [missing word?]. If the magistrate, if that attribution were true, having started with Lumumba I would have had to continue with Lumumba. But in fact, it isn’t that way because Lumumba had nothing to do with it. So, the precautionary measure was challenged before the re-examining tribunal, where three judges preside for each of the accused. On the order of the re-examining tribunal, Sollecito, Rudy and Amanda appealed the precautionary measure to the court of Cassation, but the court of Cassation confirmed it [Translator’s note: i.e., denied the appeal]. The measure was also taken for Rudy, and the court of Cassation confirmed it.

Then there was the judge of the preliminary hearing who sent the case to trial, condemned Rudy, rejected a request to revoke the measure, and finally the first instance trial ended with a guilty verdict. Here, eight judges, i.e., two magistrates [giudici togati] and six lay judges, recognized that the accusations were well-founded. So, when there are elements that had to be archived, we did request that they be archived. So there is no such attitude [Translator’s note: i.e., obsession], absolutely not. This is what I can [do?]. If there were, if there were some true or even just credible elements, because I would need something like that, which hypothetically could prove that they had nothing to do with the crime, I would take account of it and would act accordingly, I would have acted accordingly. In the most absolute way.

27’48’’ I’ll tell you what happened, and please believe me, because around this event there have been a lot of things which are unfounded, to say the least. According to me, intellectual honesty is the main quality in a magistrate.


29’53’’ CNN: Is Antonio Curatolo a trustworthy witness?

29’59’’ Mignini: But the witness takes an oath and assumes his responsibility, if he says something false then he is committing the crime of perjury and calumny, at the limit, if he’s explicitly accusing an innocent person of a crime, so in our, in Italian law, the witness is considered to be trustworthy, authentic, until the point at which you can’t prove he said something false. Unfortunately, however, or fortunately, we don’t know, the person who was in the piazza, who has lived in that piazza for ten years, at least ten years, who knew everything about that piazza, was this homeless guy. So the homeless guy is a bum so that’s no good. But that’s not right, he’s a witness like the others. The woman what’s her name, the witness who lived there, near the house, the one who heard the scream, is a totally credible person, a very normal lady who told what she had heard coherently. The school teacher, the one who lived nearby, is a totally credible, trustworthy witness.

With witnesses, it’s not that we can choose their testimony. Witnesses are the people who are, by chance, able to give some indications. And for that matter, Curatolo is someone who actually lived there, and his declarations are altogether pretty credible, and confirmed by other people. Other witnesses were also heard, who were, I don’t know, for example Gioffredi, a perfectly normal person. So I don’t see”¦basically, it’s the testimony of a perfectly normal person which has to be weighed according to what it says, and its coherence with a reconstruction [of the events, translator’s note], and we have to believe it unless it’s proven wrong.

32’26’’ Because if he says that he saw something, he exposes himself, he’s under oath so he exposes himself to an accusation of perjury if he’s not telling the truth, so we have to believe him. Otherwise justice, without witnesses”¦it’s not as though we had a film of the crime, if only that could be the case.

33’30’’ CNN: Was Toto being investigated [sotto inchiesta] when he gave his testimony?

33’42’’ Look, I know that at the moment in which he gave it, I believe that there were some lawsuits against him, but in the stage of appeal, I think he had been condemned but was appealing, so, then later the sentence became definitive, but he gave his testimony when the sentence wasn’t definitive yet. I don’t know, those are details that I wouldn’t know about exactly”¦but I know for certain that the sentence was not definitive, so was still being contested.

34’34’’ CNN: Did Toto give his testimony hoping to obtain some kind of favor?

34’36’’ Mignini: Non, there was no favor, absolutely no favor. This didn’t happen”¦the witness presented himself and made his declarations, that’s all. We took note of them, because they were relevant declarations.

35’17’’ CNN: So, you believed the testimony of a heroin-addict bum?

35’25’’ Mignini: Well, on let’s say the legal position of this person, I have nothing to say because he was judged for something different, for a true and totally different fact, having nothing to do with the present one. For this one, he was a witness. And it’s true that it’s completely different in that he was heard as a witness, with no lawyer. If it had been a related fact, he would have had to be assisted by a lawyer and he would have had the choice to abstain from making declarations. But for this event, he is a plain and simple witness. Then, also, I wouldn’t want to, because the witness, it’s not that we ask the witness if he has a previous record, previous condemnations. We can ask that to the accused, to the accused, amongst the other questions that we ask the accused, we ask him if he has a previous record, but we don’t ask witnesses this question, except during the defense’s investigations. This is the”¦so he’s just a witness who made declarations. His declarations have remained quite, rather credible.

There’s also for example the fact that, well, take for example the rain. Curatolo remembers that the evening during which he saw the two young people, it wasn’t raining, and it’s true that on the evening of the crime it wasn’t raining. Vice versa, and they say this, also other witnesses say this, on the previous night, only in the town of Perugia, there was a limited weather phenomenon; in the late afternoon of October 31, it rained. And even I remember that, because I remember that the street was wet. So, this is to say that this is a detail which was confirmed by”¦there. I’m giving an example to tell you that also a person who has a criminal record”¦and then, one would have to go see all the witnesses who were heard at the first degree trial, all of them, to see if they had them. We don’t do it because it isn’t relevant.


38’45’’ CNN: From the response of the bum, I assume that you took the responses of the two ladies as valid, and never went to check in their apartments if it was possible to hear footsteps with the shutters closed.

39’04’’ Mignini: So, the question of Curatolo is one thing, the declaration of Mrs. Capezzali, what’s her name, I think Capezzali, is something else. You say, she’s quite an elderly woman, she said she heard a scream, the scream that”¦ She lives, I don’t know if you know the area, but, I don’t think you know it, she lives above the garage and looks over the house on via della Pergola, where there’s a kind of, something like an amphitheater. So the sounds coming from below can be heard with particular clarity and she heard the scream perfectly. She said so. And that same scream was heard by a very young teacher who lives lower down, in a street in the direction of, towards, let’s say towards via Pinturicchio. And around the same time, she also heard a scream like that. Then she went down to her parents who were in a different part of the house and they said they hadn’t heard anything.

40’26’’ CNN: He wants to know if you went to the house.

40’28’’ Mignini: Did I go? I have taken note of this witness’s statement and also of the other and, being two statements from persons who had no reason to lie and being these statements entirely credible since they are very similar to each other, the houses are very close to Via della Pergola, this statement was deemed fully reliable. There was then a request for an expert opinion, now I will not go into the merits of the trial events, but this thing was assessed during the investigation, by the Gup, and by the Assize Court that heard this person, who was cross-examined, she said, she repeated what she said. An absolutely believable person, who obviously [missing words]...further, as here [missing words]”¦an experiment on the possibility of hearing was not done. We are, we took note of the fact that she told about this, about the scream that she heard. She confirmed it, she gave her, her, we say word, that she took an oath in court, to have heard this scream.

The same thing was said by another witness. What should we have done? Have an expert [perizia] ascertain, under different, not repeatable conditions, that which was heard at the time? The witness said what she heard. And, then, neither I nor the Court of Assizes considered submitting [missing words]. The Assize Court decided instead to do something very important. And this is a detail which I consider [missing words]. When I inspected the house on Via della Pergola, which in my opinion was a very important initiative, very crucial for the decision. That is, that was an opportunity to make an inspection to see that house as it was, how was this window through which this unknown subject would have climbed, which then would have been Rudy. And the court was aware that this reconstruction was, in my opinion, unlikely.

43’35’’ CNN: Would it have been easy to conduct [fare] the experiment?

43’38’’ Mignini: But let’s say if a person has made these statements and it was this way. Because, you see, I’ve listened to this person, she was recorded, among other things, she was cross-examined during the trial. She was very precise. She said that she constantly used to hear, even during other nights, that she used to hear the noises of the youngsters who made quite a noise in the garage, in the parking lot. So. ... These things, these noises, she was used to hearing them. She stated this. There was no reason, she did not know the victim, she did not know the accused, what reason could she have had to [missing words]?

44’44’’ CNN: not that she lied but this is a fundamental question for your work. Is your job finding the truth and solving the problem or is it following your intuition and trying to incriminate the first person you find suspicious?

45’16’’ Mignini: Well this is, in the Italian legal system, the prosecutor is not a lawyer for the accusation. He/she is an organ of the judiciary who must also seek evidence in favor of the suspect. Which we have done, particularly in the case of Lumumba. And all the people, all the witnesses who were suggested by the accused, were heard in cross-examination. A very long preliminary investigation was made, extremely thorough, verifications of all kinds were made, [including] verifications on the phone cells. I have not spoken of the phone cells, for example, but that is another point that showed people’s movements, people’s location, that were confirming the accusatory hypothesis, as we say. So, [after] all these evaluations, the prosecutor, made a few requests. I did nothing. I made an order of detention, I asked for [its] confirmation. Then the judges had to confirm everything. And the Preliminary Hearing judge should have considered, he would have had to, if there had been any grounds of non-credibility of witnesses, they should have been pointed out, they should have highlighted this. But the Preliminary Hearing judge evaluated the indictment request, I asked for an indictment but is was the GUP Micheli who [actually] indicted the defendants.

There was the trial before the Assize Court, which took place, it was a proceeding that lasted a year, a trial that lasted a year, during which the case was examined thoroughly from every possible angle and therefore this is the [missing words]. The magistrate, the prosecutor has an obligation, let’s say, in the current legal system, to seek, he is an impartial body, that has the obligation to seek the truth and if new elements emerge which make [a person] appear to be credible, which make a person appear to be unrelated to a crime, [then the prosecutor] has the obligation to request that all charges be dropped or, if during the trial, [to ask for an] acquittal. I myself have come across many times, during a trial, in light of witnesses, new witnesses, who were produced again in other cases, I asked for an acquittal. Anyone who knows me knows that this has occurred many times. But in this case I had, let’s say, during the investigation phase and during the trial, I made, we made our requests, we explained them, we justified them, and the court gave, acknowledged the validity of this case. Then there is an instance of appeal. There is the appellate level. Now, I will not discuss this because it is on-going.

49’11’’ Mignini: The phone call, for example, another thing that had a considerable influence on the investigation was the phone call that Amanda had with her mother in the middle of the night in Seattle, even before [the body] was discovered. This is another element that comes to mind, even before the body was found.

49’52’’ There is a call that is made in an hour, now I do not remember, it was I think, I do not remember exactly, I think it was 3 AM in Seattle, I think.


50’58’’ CNN: In 2006, you were found [missing words], let’s move on now to the other case, the prosecutor of Florence said that you would do anything to defend yourself in front of those who criticize the way you investigate…

51’43’’ Mignini: Well, I will not comment on this statement, I do not know when it was made. The proceeding that this person brought against me and Dr. Giuttari, ended in part with a full acquittal because no crimes had taken place [i fatti non sussistono], for one part. And this is a final acquittal because the prosecution did not appeal. So, this part of the allegations that were made, which were formulated, which was the most important part and led to the searches in the offices of the prosecution and also in Giuttari’s police offices, this part has totally collapsed. A search was carried out, a seizure was made, which had already been annulled by a court in Florence.

Then the court of Florence acquitted us because no crimes had been committed, with a full acquittal. And this acquittal is final. A part of the charges formulated against us remains, that I honestly find hard to understand, because they say [si dice], we were accused of having carried out investigations that had no relevance according to the theory [impostazione] of the Florence prosecutor’s office, I make this distinction, they had no bearing on the investigation we were conducting. I say that they had a full relevance and among these files there were interceptions that were all authorized by the competent magistrate. So this conviction was based on alleged offences [ipotesi di reato] to which we object, we have appealed, objecting to the jurisdiction of the prosecutor of Florence that conducted a trial although magistrates from the very same Florence Public Prosecutor’s office were involved in this very trial. And this cannot be done.

54’26’’ Because when there is a magistrate who is involved for different reasons in a matter, the trial must be moved [to another city]. So, if there is a magistrate from Perugia, the trial is moved [si va] to Florence, but if there is a magistrate from Florence, one goes to Genoa. And if there is a magistrate from Genoa involved as the offended party, as it was in this case, you go to Turin. And this is not what they did in Florence. We have objected to the jurisdiction of the Court of Florence for the violation of article 11 of the c.p.p. and if this jurisdiction should be recognized, everything comes to be nullified, and everything goes to Turin.

55’14’’ In addition there are other aspects that I do not wish to, well, you asked me the question about Preston, then I spoke, and I would like a moment

56’05’’ Mignini: Then I would add one thing, listen well to this. If I want to do something intimidating, meaning that I want to do an investigation that has an intimidating purpose [carattere] against a person because that person speaks against [me], no? If I want to do an act of intimidation, I have to do an act which that person feels, that that person understands, knows, perceives. I must, hypothetically, carry out a search, make a seizure, do an inspection ... Instead, I performed [faccio] a wiretap that was secret, I heard a witness who remained secret. How can I intimidate a person if I carry out an investigation that remains secret? Because the investigation must be secret. This activity is not like a search that is immediately known by the person. If I want to intimidate a person do you think that I carry out an investigation that remains secret? And how can I intimidate him? It’s a contradiction in terms. So someone will have to explain to me the meaning of this accusation.

57’32’’ The problem is that at the origin of these proceedings there was [missing words], I do not mean the whole Florence Prosecutor’s office with which I have very good relations. I’m talking about a time when [missing words] I talk about a conflict between offices, a conflict that has ended up in front of the Supreme Court Prosecutor General’s Office because the Prosecutor General of Florence. That is, the Florence Prosecutor’s Office wanted us to hand over to them a case we had,  the one regarding the death of doctor Narducci. We said no, the competence is ours. The prosecutor general of the Supreme Court, Dr. Febbraio, on July 29, 2005, agreed with Perugia.

So at the origin of this matter there is a conflict of jurisdiction and there is an indictment brought by us, I would like to make this clear, the Perugia Prosecutor’s Office had indicted the Florence Chief Prosecutor at that time, and this proceeding, at the origin of this proceeding, there is this fact. And this person also filed a civil lawsuit against me and Dr. Giuttari. This is the ... there is a contrast between offices, there was.

The next post is here.


Friday, May 20, 2011

Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #1

Posted by Skeptical Bystander


Introduction: Judgment and credibility

Candace Dempsey recently claimed that viewers would be able to “judge the credibility of Mignini [”¦] when CNN airs Murder Abroad: The Amanda Knox Story”. In support of her claim, Dempsey provided an excerpt of the interview at end of her reader blog entry of May 6, 2011.

Viewers who managed to sit through the Drew Griffin/Doug Preston/CNN treatment of the Meredith Kercher case saw bits and pieces of what CNN risibly tried to pass off as an exclusive: access to one of the prosecutors, Giuliano Mignini, who indeed agreed to answer questions. What CNN failed to mention was that Mignini was actually interviewed for two-plus hours, and that he answered Mr. Griffin’s questions openly and without hesitation, not knowing that his answers would be severely and ruthlessly edited and cherry-picked to reflect something very different from what he actually said.

Not only did CNN fail to reveal this fact, Drew Griffin actually said (according to Dempsey) that “Mignini doesn’t really answer questions,” adding that Mignini “”¦talks and talks, going round and round and returning to certain things. I had to keep bringing him back to the evidence, to what’s actually being presented in court.”

This post and the next two to follow contain the original Italian transcript, authored by Turner Broadcasting and apparently then transcribed by a human being or by software (perhaps CNN will clarify). Whichever it was, the resulting document, which we obtained in the form of a word file, was clearly not subsequently corrected for errors, as readers of Italian will see. Presumably, the “three different interpreters” who “looked at Mignini’s interview to make sure that he was quoted correctly” did not read this transcript version of the interview.

Perhaps CNN can be persuaded to clarify the process or even to provide the actual audio and/or video of the interview. In the meantime, our translators demanded that we issue this translation with a giant red flag to signal that the transcript authored by Turner Broadcasting does not appear to be in complete and correct Italian. There are missing words, repeated words, and clearly wrong words. This may be because it was compiled by a non-native speaker. Again, only the folks at CNN can shed light on the process.

As you read the transcript or the translation of it, which was done by a team of volunteers (PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip), it is important to keep this in mind.

Also keep in mind that, according to Dempsey (based either on what Griffin told her or the cherry-picked interview snippets in the CNN program; perhaps Dempsey will clarify) “”¦instead of talking about hard evidence, Mignini kept returning to Amanda’s odd behavior; her relationship with Raffaele Sollecito, her Italian ex-boyfriend; and even her eyes (which, since they are blue, the Italian press called “icicle eyes”)”.

Griffin to Dempsey: “He truly believes she was the criminal mastermind behind the murder and that Raffaele was infatuated and under her spell.”

More Griffin to Dempsey: “Prosecutor Giuliano Miginini [sic] is, in my opinion, a rambling, confused individual.” (Drew Griffin to Candace Dempsey).

Dempsey:  “Griffin was surprised by Mignini’s willingness to say all sorts of things about Amanda that were not part of the trial.”

Griffin: “The kind of things that, if a prosecutor came to court in the U.S. and put before a judge, would get his whole case thrown out.”

And don’t forget what Candace Dempsey told potential viewers: that they would be able to make their own judgment calls when the documentary aired on Sunday, May 8, 2011.

We beg to differ.

We think that the viewers will have a much better basis on which to make a judgment call if they take the time to read the complete transcript and/or our translation of it. Then ask yourselves these questions:

Is Prosecutor Mignini evasive?

Does he give unclear responses?

Does he ramble?

Does he seem confused?

Compare the full interview with what viewers were shown. Then make your judgment call. Like us, you might be more tempted to make one about the people who did the cherry-picking, the packaging and the publicity for this hatchet job.

The remaining hour and a half will be posted in two more posts, one after saturday’s appeal session report, and one after the weekend.





First hour of the interview

4’09’’ CNN: There have been many stories about this crime, about what people think happened. What do you think really happened?

4’20’’ Mignini: Well, I am a magistrate for the Public Prosecutor’s Office who found himself ... I was on duty at the time and thus I happened to be dealing with this matter randomly. For me it is a criminal proceeding that I dealt with, and I am currently working on it today at the appeal level.

4’49’’ What happened was that a crime was committed for which we conducted an investigation in the best way considering the situation. And there was a trial which, in the first instance, resulted in conviction with full acknowledgement of the theory of the Public Prosecutor’s Office. I know there have been books, there were also films on the subject, but this is something for which I have limited interest. My job is to be a prosecutor for the Public Prosecutor’s Office who dealt with this case. I am interested in it from this point of view, nothing else.

6’30’’ CNN: But exactly how was the crime like, what you and your assistants, I do not say [missing words: *what happened?] ... but [what] you understood, who are the murderers, and the reason for this murder?

6’46’’ Mignini: I can tell you our impression when I arrived on the scene. I arrived basically, I believe, I think around 2:30 p.m. on Nov. 2, and I found myself facing a crime that obviously looked like - this is the impression I got in the first place and it was subsequently confirmed by the investigations and the proceeding - a murder of a sexual nature, in which there was this girl who was undressed or nearly so, a young woman who was covered with this, with this quilt. And the other thing which struck us, which was of immediate interest, I said this on other occasions and I repeat it because I’ve said it also at the first trial, was the break-in. And it appeared immediately ““ the climbing, the simulation of climbing, with a stone thrown through the window, through two shutters that were there, that left open quite a narrow space, rather limited room between them ““ immediately that appeared to us to be a simulation.

8’38’’ So there was this crime of a sexual nature and a simulated burglary. That is, the perpetrators or perpetrator, at that moment we were making a preliminary assessment, was someone who attempted, that appeared to be the situation to us, he had attempted [missing words] So that appeared to be the situation, an investigation of unknown persons; whereas instead the house, the house door was completely intact, there had not been a been a breaking open, and this made us think, then, as the investigations progressed, because as investigations go, by approximation you slowly get closer to it, to the ascertaining of the facts, it was, we thought it was someone who knew the victim and had an interest in orienting the investigation toward strangers.

09’44’’ Then the investigation went on. There were other important issues ... [missing word: *facts?] that have occurred [missing words]; they remained as key aspects of ... of what is called the basis of the charge. Which, by the way, for us is not the side of the accusation; we are an office that also has the task of ascertaining facts in favor of the suspect during the investigation.

10’19’’ What struck us besides the issue of the simulation was a series of endless contradictions, of inconsistencies, in the story of the two young people, the two young people who later became suspects and then defendants. And then, in particular, the calunnia [false accusation], then, what turned out to be such, a false accusation, made by the accused against her employer, a black man, Lumumba, Patrick D. Lumumba.

10’53” Here it is, this is it. Then, the elements of which there is much talk today, the elements which consist of forensic evidence, there was also evidence. There are the fingerprints, the [foot] prints, the phone cell records. These elements are ..., especially the forensics, they arose at a later time. This means, from the beginning what oriented the investigations toward these people, and later toward the black subject, Rudy, Rudy Herman Guede, who ... [missing word?] they were, that of Herman Guede was identified through the forensic material that was found.

The two youths were, let’s say they became objects of…[missing words?] the perpetrators of the murder, based on the findings that emerged at the beginning of the investigation, namely the simulation, the contradictions found especially in Amanda’s story, especially when she tells of having spent some time in the house, having taken a shower, in spite of everything. And then the call, the behavior that they maintained, especially the girl, upon the arrival of the postal police. And then the accusation, which was obviously a false accusation against Lumumba. So all these factors then they have, they led to the formulation of these accusations against them, which were later substantiated by the results of forensic tests, scientific evidence, were made by the scientific police, that is, the scientific police, which is that at the top of the national scientific police, which operates directly under the department of Public Security of the Ministry of the Interior. We also had the local scientific police, but the one which operated was the scientific police placed under the command of Public Safety, thus at the central level.

16’34’’ CNN: Before there was the evidence from the forensic police, did you arrive at your conclusions with respect to Amanda Knox by instinct?

17’00’’ Mignini: The scientific elements were coming in, as I recall, they were coming in gradually. Now, I would not be able to tell you [missing words] ... I think, for example, that the issue of the knife, and then the sample, the genetic profile of the victim on the blade and the genetic profile of the defendant on a spot where the handle of the knife is close to the insertion of the blade, I think that was entered quite later compared to the initial investigation. But in fact the order of detention, ... which I ... which is the act by which, under which the two young people and, at the time, also Lumumba who was later released, were taken to the house of preventive detention, that is in prison. In this detention order, there was no mention of any DNA analysis [indagini genetiche], obviously.

18’08’’ There is, in the detention order and in the hearing before the Judge of the Preliminary Investigation [GIP] on the validity of the detention and then in the first months, the first weeks of investigation, that is our belief, mine and the flying squad, that the behavior of two young people and in particular, this actually is [missing words]... it was a detail that was even more obvious regarding Amanda, [we thought] was such that the two were considered involved in the crime. Thus before that, it was an initial assessment of those elements that we had at the beginning to orient the investigation toward them. Then confirmations came. And there were many elements of corroboration at the end; they were very significant, very numerous. But at the beginning we had these elements, again, in particular the issue of simulation.





20’13’’ CNN: And what was the proof, because from what we understand the scientific evidence does not point to them ... the two of them?

20’25’’ Mignini: Well, then: so now I,  to list all the evidence [elementi] that was found, it would be [missing words] on the other hand they have been mentioned in the First Instance sentence report by the Court of Assize. Mmm, then ...

20’50’’ The issue of the simulation ... The issue of the simulation, in that house just in those days, i.e. 1, 2 November, the second was a Friday, the third was a Saturday, the fourth was a Sunday, on that weekend in 2007 there was only Meredith and Amanda in the house in Via della Pergola. Since the two Italian girls were away from home: Filomena Romanelli was with her boyfriend in another part of town, she was staying there overnight, while Laura Mezzetti was in the province of Viterbo.

21’36’’ So in the house that night there was only Amanda and the victim. Amanda said she was in Sollecito’s house, which is actually a five-minute walk from the house of Meredith. Because of the distance, we must take into account the distance, you shall go to see these places, you see that the distances are very short, very limited. So who might have an interest in simulating intrusion by a stranger? Only a person who might be worried about being implicated in the crime.

There was no sign of forced entry through the front door, so this is an extremely significant element. Then we have again the inconsistencies that can be detected in the statements. There is the fact, then during the investigation the homeless man, the homeless man came in, who very precisely identified the two young people, he said he saw the two basically the night between the 1st and 2nd, a few meters from the house where the crime happened, in which it was committed, presumably at a time compatible with the crime. While instead the two young people stated they had remained all the time at Raffaele’s home. There is another detail which at the beginning of the investigation [was] something that has, let’s say, intensified the elements for us; it was the fact that Raffaele at the beginning had attempted, let’s say he attempted to state that he stayed at home while Amanda had been out and she returned to Raffaele’s house I think at about two a.m.

Then this approach has been kept by Raffaele during the hearing for validation of arrest, and afterwards was abandoned as Sollecito’s defense line became more, let’s say, supportive of Amanda. But at an earlier stage Raffaele stated this position of separation between the two.

Then other elements are given by the fact, were given by the fact that the homeless man saw them on the night of the crime in a location a few steps, a few meters away from the crime and at a time shortly before the murder occurred.

There is a statement of the neighbor lady who lived nearby, who heard a scream at a time compatible with that specified, with what we thought could be the time of death of Meredith, that is between 23.30 and midnight. And this, this lady, heard footsteps, there is a whole description that now I will not repeat because it has been explained ... rather, it was described at length in the first trial, she heard the footsteps of some people who are moving, running, along the clear ground facing the house of the crime, others were running up the stairs, almost simultaneously, running on the metal stairs which are above the garage and basically end up in via Pinturicchio. I do not know if you are familiar with the city of Perugia, but I guess not. So this scream the lady heard, a terrible scream and also another neighbor heard it, at a consistent time, I repeat, and this simultaneous running of subjects on opposite sides, from different, distant areas, basically corroborated the fact that there were multiple murderers.

26’09’’ Rudy himself, in his questioning has, while remaining vague, more or less vague with respect to Sollecito, however later during the various interviews he more or less indicated quite clearly that Amanda was present.
Then [we had] the questioning, then there were questionings that were done. I remember one of them, that of Amanda in prison which was an interrogation that has made me… you asked what elements did I use to let’s say support the charge, saying in quotes the prosecution, there was also an interrogation in prison, Amanda, in inverted commas let’s say the accusation in the presence of the defense attorneys of course, and which confirmed the profound shock in which she always fell every time she had to tell what happened that night.

And then there were the results… well, fingerprints ... footprints, the footprints on the rug of the bare foot stained with blood, an especially important detail which I see many have not talked about but which is extremely important, is the mixed stains of blood in the small bathroom close the scene of crime, those of the defendant and the victim.

31’00’’ CNN: In the room [missing words]

31’05’’ Mignini: But let’s say I may reverse the issue: how do you explain the DNA, the genetic profile of the victim on the knife found in Sollecito’s house, together with the genetic profile of the defendant located at the area of the blade [possibly meaning: handle] where force is applied, not where you cut…

31’40’’ CNN: Are you sure that one was the knife?

31’44’’ Mignini: That it was for us, I can say this: first you have to start from a premise: Amanda and Sollecito knew each other only since October 25. That is, we think, because this detail is very significant with respect to the relevance of this finding, since we [may just] think it was a relationship, usually we don’t think of the fact that actually they had known each other for a week. And thus this knife was never touched in conditions ... I tell you what we found in the investigation, I am talking about what we ascertained during the investigation - this knife was never touched by Meredith under normal circumstances. It was never brought to Meredith’s home, this is what the two Italian housemates say, and so why, [since] Meredith had never been to Sollecito’s house, why was Meredith’s genetic material found on the blade by the forensic police, and the genetic profile of the defendant on the spot of the handle that is where the hand would press not as you apply pressure from top down, but from back to the front, that is in a condition similar to that when you strike a blow, like this. So this…

And I have… during the first trial I tried to show very clearly that this knife, the witness, the inspector I think whose name was Armando Finzi, he’s the one who conducted the search at Sollecito’s and found this knife. And I asked: did you put on your gloves at the time, was it the first pair of gloves you were using, in that search that was the first pair of gloves, he went [there], he started the inspection, he had not touched anything else, he opened the”¦ the cupboard where this knife was. I do not remember if he took away several, but he picked up this knife that was immediately - and thus with the gloves that he was wearing in that moment ““ it was immediately closed and sealed, was brought to the flying squad, where another police officer, the superintendent, I think, Gubbiotti, using the same technique, put it into a sealed container which was then carried to… was then analyzed. So this was, let’s say because I wanted this to be highlighted and I think the Assize Court says so, I wanted to show that there was no possibility of contamination by the police, by the flying squad, with regard to this item.

35’04’’ Also because, I would like this to be noted, from the perspective of Italian law, evidence of contamination must be given by the person who invokes it. This means: I found the genetic profile, you as defense attorney say ‘there could be contamination’, you must prove it. That is, the burden of proof is reversed: it is you, the one who invokes the contamination, the one who has to give evidence of it. And this evidence was never given and cannot, I think, it cannot be given. That is, the one who claims a fact must prove it, onus probandi incumbit ei qui dicit, non ei qui negat. [Translator’s note: This sentence was spoken in Latin and translates as “the burden of proof is on those who assert something, not on those who deny it”.]





36’50’’ CNN: Was it certain the genetic material was that of Meredith, and not genetic material that might be consistent with that of Meredith?

37’01’’ Mignini: No, no, it was like that. It was ascertained as such by the scientific police.

37 ‘20’’ CNN: So your detectives went into the apartment ...

37’28’’ Mignini: No, the knife was collected, then it was brought to the scientific police, it was sent to the scientific police in Rome.

37’ 40’’ CNN: Yes but your detectives entered the apartment and they selected right this very knife…

37’49’’ Mignini: I believe samples were taken from several, that is, not only that particular knife. I think, if I’m not mistaken. I think more knives were tested; however, one of those was definitely exhibit 36, the famous exhibit 36. And on this exhibit is where [a sample] was recovered from, and here it’s the scientific police that did the evaluation of that evidence and I retain, I digress. About [case] aspects, at the end of the investigation phase I asked, given the complexity of the case, the resonance of the case, I felt it was appropriate to have a colleague join me, a deputy [public prosecutor] like myself. Let me clarify, I’m not the chief prosecutor; I am a deputy prosecutor, since I’ve been presented as the chief prosecutor, but I am not the chief prosecutor. Then I requested the assistance of a colleague, Manuela Comodi, and we divided up the tasks. She has remarkable aptitude for these aspects of a genetic nature.

And so in this regard, I don’t know if you notice it in the first instance trial, my colleague did the questioning regarding the genetic aspects. I instead handled the more generic aspects of the case and aspects of a more investigative nature. This is why I remember all the details of the investigation, because I carried out the investigations of people. But for these aspects of genetics and scientific nature, we rely on the scientific police and we retain that the scientific police acted with utmost professionalism. I can recall, for example, going to the crime scene, I was at the place, and I also had to wear overalls, shoe-covers and a kind of cap, not just once but several times, at the same time when we did the inspections, ... I remember having worn many times, for example, the shoe-covers. And I had to… also because, those who worked on the scene did have their DNA samples taken as well, so there is also my DNA [sample]. Dr. Stefanoni took DNA samples of everyone to rule out in case, there could be DNA discovered belonging to some operator who had nothing to do with this matter.

40’38’’ Therefore, I have the utmost confidence in the scientific police because the top of the scientific police in Italy, especially Dr. Stefanoni who acted with great professionalism and these findings on the biological material were carried out in cross-examination with consultants for the defense team, always. The defense consultants, as I recall, and I was present, as far as I can remember, they had no objections if not in later analysis; they had no objection to anything at all at the time. For example, when the famous bra clasp was discovered, the defense consultants were there, for Sollecito there was a consultant who afterwards was replaced, I don’t remember his name, he was quite good, and I remember that he did not make any objections. Therefore, all these findings were carried out in cross-examination and the other parties had the opportunity to challenge what the scientific police biologist was doing, the scientific police expert in forensic genetics.

42’06’’ So I think. I distinctly remember that, in the first trial, I tried to prove that the knife had been collected with the utmost correctness. And I believe that afterwards the same thing happened in the scientific police laboratory when it was analyzed.

44’16’’ CNN: I still have trouble understanding how you can have a crime so horrendous and so bloody without two of the suspects leaving any trace.

44’30’’ Mignini: Look I should then add, it must be also said, at the time. In the bathroom of the two foreign girls, that is Meredith and Amanda, which is attached, next to the room of the murder, blood material was discovered of Amanda and Meredith, mixed. Why is this material important? It is important because in her own account told, in her own deposition Amanda makes in, I think, in early June of 2009, during the first instance trial, she says that when she left the house on the afternoon of November 1st, those spots were not there. She says so herself. So she returns in the morning, says she went back in the morning and sees those spots of blood. Those spots of blood are mixed Amanda and victim.

Also, in the small bathroom, there is a blood stained footprint, which the scientific police attributed to Raffaele, on the bath mat next to the murder room. On the corridor leading to the murder room, [and] leading to Amanda’s room, there are footprints, I’m not sure now, there are even in Amanda’s room, I think, there are footprints that were attributed to the two youngsters by the scientific police, of feet stained in blood. And, by elements, there is also a print of shoe and that one, was inside the murder room. Elements there are, that is, how to explain the presence of these elements if the two youngsters were not involved in the murder, [and] stayed at home? And another detail: it is a crime, this was established at the time by the Supreme Court, then we can no longer put into question at this point, it is a crime committed by several persons. I have, during the first instance trial, I heard this line of approach, and I also opposed this approach, which extended to holding that Rudy was the only one responsible.

The “only one responsible” is not one person, but [transcription error] they are several persons and Rudy is among them. This is now procedurally beyond dispute.





48’48’’ CNN: He also wants to know if you also found [missing words], that is, Sollecito perhaps, had a few cuts, did you check to see if he had any cuts?

48’56’’ Mignini: The”¦yes. Well, now: Laura Mazzetti, that is the Italian girl from Viterbo, [said] that it was a scratch, however, she remembers having seen on Amanda’s neck, she told this account and afterwards was also heard [as a person informed], it’s sort of a scratch just few days later, I think it was three or four days, she remembers seeing this scratch on Amanda’s neck that had been also seen, I think, by one of the boys from the Marches region. And in one of the photos taken during the house search by police, I think it shows something. Nevertheless, Laura Mazzetti indicates the presence of a scratch or something like a scratch. That is, she remembers seeing that Amanda had this little injury to the neck.

50’20’’ CNN: None of your investigators noticed it?

50’25’’ Mignini: The investigators did not notice it, because at the time, Amanda kept herself covered, she was, as described by the shopkeeper Quintavalle, covered up. However, Laura Mazzetti saw it and it was also seen, I think if I’m not mistaken or was said, by the young guy from the Marches who was living downstairs.

This girl saw it [the scratch/mark] and she stated this later in the courtroom. Moreover there is even a photo.

51’44’’ CNN: Knox was in contact with the police for several days after the murder. She was interrogated. Was she always wearing something that covered her neck?

52’00’’ Mignini: I think so, to be fair, this was a mark that it was not very visible. Laura Mazzetti said she saw it well. Keep in mind also that we did not focus on it automatically, because it was not like a visually striking mark. She was questioned like Raffaele Sollecito and like all the people who were more or less, that had to be questioned in those days, after the murder, a long series of people were questioned, among which the [girl] friends of Meredith, the English girls she was with the evening of Nov 1 and the night before Oct 31. And, among these people who had been questioned, also several times, Amanda and Sollecito were questioned, Amanda in particular was questioned several times: the evening of the 2nd, 3rd, 4th and then on the evening of 5th and the morning, or early hours of the 6th. But look, what I wanted that [??], just for the purposes of explanation, that under Italian law, we must take into account the totality of the findings.

Therefore there is the scientific evidence, there are statements made by people, examination of witnesses, there is the formal interrogation, there’s the conduct of the accused. All of these elements, it is not only the genetic aspect that comes into consideration. The genetic aspect [is], together with many others, must be altogether; it is a whole spectrum of various findings, which should converge towards an affirmation of a reality that is undisputable. This is how it should be, this is important from a judicial point of view. So it is not that the proof consists of the genetic evidence; it is not like that. There are items of proof from witnesses, there is the fact that there couldn’t be only one perpetrator, and this is now indisputable, and one of the positions of the defense of the two suspects always tended to say there was only one murderer who committed the deed, who climbed through in that totally absurd way, [that’s] not credible.

56’10’’ CNN: About Amanda’s interrogation, on the fifth day, what was it is that triggered you, made you begin to feel suspicious, and led you to conduct a more aggressive interrogation?

56’26’’ Mignini: I see you don’t… so, I’ll repeat to you what happened. On the evening of November 5th, the police were going to question Sollecito, and on the evening of the 5th, as I was saying before, the attitude of Sollecito at the beginning was an attitude of, let’s say, different than the one he would assume later, meaning a defense line supportive with Amanda’s; at that moment, he had a different position. That is, on the evening of Nov 5th. Sollecito made a statement saying “I was at home, Amanda wasn’t”. Amanda at that time had followed; she had accompanied Sollecito to the police station and she waited outside [of the room]. As the police heard this version of Sollecito’s, who basically, Sollecito ... with that statement, also this approach by him in practice more or less had become part of the process too, as Sollecito made this statement, the police became suspicious.

That is: why did Sollecito tell us this, and why is he now telling us that Amanda was not home with him? So then they called Amanda, and Amanda was heard by the police as a person not under investigation, thus with no defense attorney, because the person”¦ the witness, the person informed of the facts during the investigation ““ is not called a witness, he is called a person informed of the facts - she was heard by the police who pointed out to her, they confronted her with this question: why is Raffaele saying something else? Now you say you were with him and Raffaele says you were not there, that he was at home and you were not there? This is the point.

58’44’’ So she did, she was heard in a way, let’s say for long enough, I cannot remember for how long, in the earliest morning hours of November 6, 2007. I was not there when Amanda was interviewed by the police. I was, perhaps I was coming, because I had been called by the director of the flying squad that night. I do not remember what time I arrived at the flying squad, but I think that… I think I got there, maybe I arrived when Amanda’s questioning had already started. But the flying squad is pretty big; I was not in the room where Amanda was being questioned, but rather in the office of the director of the flying squad. We were talking about the investigation and were trying to plan the investigation for the coming days. So now, at some point, they call me, if I remember correctly, they inform me that Amanda had given the name of Lumumba, she had basically confessed that she was at the crime scene in the company of, with Lumumba, whom she had let into the house, that is it. Now I go on, I wanted to explain how I operate. So it’s not me, I did not do the questioning.

[Translator’s note: the transcript in Italian contains these words in English at this point: Starts with ****’* translation. This notation suggests that there is either a second journalist, who does not directly understand the answers, or that **** is using a translator, human or automatic. **** is used in the place of the individual’s name, which elsewhere is given as CNN. This is the only change that has been made to the transcript as delivered.]

The next post is here.


Tuesday, May 17, 2011

Open Letter To CNN Head Ken Jautz: Reports As Terrible As Drew Griffin’s Risks All CNN’s Credibility

Posted by James Raper




Attention Of Mr Ken Jautz
Executive Vice President Of Time Warner Inc For CNN
CNN Headquarters
Atlanta Georgia


Dear Mr Jautz:

Concerning Drew Griffin’s CNN report on Amanda Knox viewable or downloadable here with a transcript here.

As a practicing lawyer with a deep knowledge of the case, I watched your report two sundays ago (Murder Abroad ““ The Amanda Knox Story) with a growing sense of disbelief.

So when I watched the report I really expected that CNN might have very sensibly turned over a new leaf. Instead, Drew Griffin presented what seems to me to have been the most unprofessional report on the case ever done.

It was as if the expensive and relentless Knox PR campaign had phoned in the entire script, and as if Drew Griffin’s sole role was to parrot it. 

If it had been an openly avowed and paid-for public relations exercise on behalf of the Knox/Mellas camapign, it might have won a few points. But the report was promoted as a new investigation. That was a fundamental misdirection. It was in fact the most extraordinarily biased and one-sided presentation that I and I expect many others have encountered.

There were so may errors, omissions, sneers and blatantly misleading suggestions - all leading to a complete lack of balance -  that no viewer, other than those who would already be knowledgeable about the case, had a hope of being able to form an impartial and informed view of the case.

One could write a book about the omissions made by the programme, but I will enumerate just some of these, and the errors and blatantly misleading suggestions, as I go through the repprt here below.


Quick summary of the report

First, here is the thrust of the Griffin report. Amanda Knox and Raffaele Sollecito are the victims of a rush to judgement by an obsessive prosecutor, some circumstantial evidence,  a discredited star witness, wrong media reports, and limited scientific evidence that is inconclusive and unreliable.

Oh and there was some nasty behaviour, inducing a false confession, by the police towards Amanda which mirrored the nasty behaviour that had terrified the novelist Doug Preston whilst he was in Italy preparing for his book “the Monster of Florence”. 

And most, if not all, of this was the fault of the Public Prosecutor, Mignini.  The foregoing is also the basic thrust of the Amanda Knox PR campaign which has been repeated over and over again elsewhere.

There were a mere poor fleeting cursory images of the real victim, Meredith Kercher, and maybe three or four dozen highly manipulative images of Knox and her siblings (see several here) going back to when they were tots.

Apart from Dr Hampikian of the Idaho Innocence Project, Doug Preston, and Mignini, and a cameo non-contentious appearance from Meredith’s lawyer, all of the contributors were family or close family friends. None of the defence lawyers partook, perhaps expecting the embarrassing worst, which was duly delivered.

Meredith’s family and friends were not even mentioned, let alone interviewed by Drew Griffin.



Reactions of the prosecutor of the case

CNN interviewed many, with almost endless montages of a young Knox, to attempt to undermine the case.

Although there are dozens of lawyers and experts and reporters that could explain why in the first round Knox and Sollecito were unanimously found guilty, Griffin unprofessionally chose to interview only ONE for that side of the case. He was Mr Giuliano Mignini, one of the two prosecutors on the case, who speaks no English and was thus easy for Griffin to condescend to and seriously mischaracterize.  (A full transcript of that interview, translated, will be our next post; be prepared for surprises Drew Griffin clearly wanted to hide.) 

I thought that Mr Mignini dealt with Drew Griffin’s unbelieving and cynical stare and his loaded and intentionally unsettling questions ( to which I shall later refer) quite well in the circumstances, since it was obvious right from the start that the unprofessional Drew Griffin was setting him up. At least he dealt with the situation gracefully, and at times even with a little amusement.

As a taster, the first question thrown at him was “Is Amanda Knox evil?”  The prosecutor shifted in his seat, thought about this philosophical question for a bit, and then wisely decided to ignore it.





Points of error and omission in the report in the order in which they arise

(1) The most vital document on the case of all, a 427 page judgment on Knox and Sollecito known as the Massei Report, which can be viewed via the link at the top here, was not mentioned at all.  It seems that neither Drew Griffin nor any of the programme’s producers have ever cast an eye over this document. If they have, they have blithely ignored it. 

The Report contains a detailed resume of the evidence presented at Amanda’s trial and the jurors’ evaluation of it.  It does not cover all the evidence that was heard by the court, which was huge, but certainly that sufficient to warrant the verdicts that were handed down.

There are also at least two other vital documents, also ignored, which all set the stage for the present mandatory appeal. They are the Micheli report on Rudy Guede’s judgment, and a recent Supreme Court report endorsing that report and accepting that there were THREE perpetrators of the crime.


(2) There was a photograph of the cottage. In fact, in all there were seven still shots of the cottage, and two showings of a film of the cottage, taken from a vehicle approaching along the road outside from right to left, from east to west.

All had one glaring omission in common.

None showed the west side of the cottage with Filomena’s bedroom window through which Rudy Guede is supposed to have broken in. That this was blatantly intentional was demonstrated by the editing of the film which cut out just as the side of the cottage with the window was coming in to view.


(3) The staging of the break in was a crucial piece of evidence against Amanda Knox dealt with at some considerable length in the Massei Report. Quite apart from that, it is evident from a simple inspection that the climb up to the window would have been extremely difficult and dangerous for even an athletic burglar and indeed there is much evidence that this was not attempted (Massei).

It would have been far simpler for Rudy Guede, a frequent visitor to the boy’s flat on the lower floor of the cottage, to have broken into the girls’ flat via the balcony (as seen in the still shots) on the other side of the cottage. He could have done that unseen and unheard in well under one minute.

The glass window was not shattered by a rock thrown from the outside, because the clothing tossed inside the bedroom had glass on top of it, which in itself is hard evidence that the break-in was staged.  That such a break-in was highly improbable was demonstrated by an attempt by the defence to reconstruct the climb up to the windowt that failed miserably. 

The only person who could have had an interest in staging a burglary would be one of the occupants of the flat. This is a sore point for Amanda’s supporters, amongst whom I must now assume are Drew Griffin and the producers of Murder Abroad.





(4) It was good to hear from Dr Hampikian that the “police did a good job in processing the crime scene and collecting evidence”.  Unlikely that on the basis of this observation he will be making any submissioms to the two independent DNA experts appointed by the court to review the DNA evidence concerning the knife and the bra clasp. Particularly as his other observations were quite ludicrous or fell outside his field of expertise.

Consider this: “They didn’t like the way Amanda behaved, whatever that means, and so they wanted to investigate her, and Raffaele and her boss. When the DNA is finally processed it is not any of their suspects. And so what do you do? What would you do?  [laughing] You let them go.”

Really?

Can he, you, or anyone else, think of a police force anywhere in the world which would want to release a suspect in circumstances where a staged burglary, inappropriate behaviour and language pointing to an insider’s knowledge as to the circumstances and manner of the victim’s death, an alibi that no longer held up, and the framing of an innocent man for murder, clearly points to her involvement. 

In addition there was early evidence of Amanda’s blood in the bathroom next to the Meredith’s bedroom, as a drop on the sink faucet and mixed with Meredith’s blood elsewhere. Contrary to Dr Hampikian’s contention (and he is not a lawyer) there was sufficient evidence to charge or at least prefer a holding charge pending further investigation. This happens frequently in the USA and UK. In addition Dr Stefanoni was aware that there was further evidence to be collected from the crime scene.

In murder cases suspects are very rarely released on bail for fear that they may abscond. Particularly a suspect who is not resident in the country.

A question for Dr Hampikian.  How would you like it if a suspect in the murder of your daughter was granted police bail and skipped the country to return home and evade justice? Make no mistake about it. That is what would have happened.


(5) The DNA evidence was not finally processed, as Dr Hampikian knows, until after the final DNA evidence was collected on the 18th December, weeks after Amanda’s arrest. That was when the bra clasp was collected together with samples from traces identified by luminol. That delay was entirely attributable to the necessity of having to arrange for the defence lawyers and experts to be present to collect further samples, and not incompetence on the part of police or prosecution.

“Forensic expert Greg Hampikian says finding DNA (Amanda’s and Meredith’s) but no blood makes it highly unlikely that the knife was used in a bloody murder. He also says it is surprising that the prosecutor was even allowed to admit such a small unexplainable sample (Meredith’s on the blade) as evidence.” “Would this have made it into a US court? I don’t think it would have made it into a US lab report”.

Not make it into a lab report? Is he trying to be funny?


(6) Well there is the evidence of the police that the knife smelt heavily of bleach which, with its particular size and the fact that it looked so clean, was what made them interested in it. How many people wipe down an item of kitchen cutlery with bleach? I do not know but in my lifetime I have never known anybody do this. Washing up liquid works just fine for me.

Dr Hampikian is of course referring to the Low Copy Number (cell count) DNA reading but the fact is that the graph produced by the DNA electropherogram was a clear match for Meredith’s DNA profile.

Dr Hampikian might be interested to know that LCN DNA is admissible in evidence in at least one jurisdiction in the USA and there is growing support for it with the advances in DNA forensics. The majority of the experts who testified at the trial said that it was clearly Meredith’s DNA.


(7) Furthermore Raffaele explained the existence of the sample by saying that he had accidently pricked Meredith with the knife whilst cooking at his flat. Untrue.  Amanda herself testified that Meredith had never been to Raffaele’s flat, and there was no evidence that she had. Nor was there any evidence or suggestion that, prior to the murder, the knife had been to the girl’s cottage.This evidence would in most courts make the DNA evidence admissible.


(8)  Dr Hampikian again, on the bra clasp (with Raffaele’s DNA on it) ““ “If that’s all there is it’s a very weak piece of evidence”. “And it’s inconsistent with every other piece of evidence in the case”.

Well, there is the bloody footprint on the bathroom mat which the trial court accepted as being consistent with Raffaele’s footprint rather than Rudy Guede or, for that matter, Amanda. As to the DNA on the bra clasp this was, in forensic terms, an abundant amount, and no one, but no-one, has disputed that this was Raffaele’s DNA.

Perhaps Dr Hampikian can explain how Sollecito’s DNA comes to be there considering that his DNA was not found anywhere else in the flat (other than on a cigarette stub in the kitchen and on Meredith’s door handle) in a quantity even close to the amount found on the bra clasp?

He was clearly advancing the lone wolf theory espoused by Amanda knox supporters given that Guede’s DNA was found in Meredith’s room and on her person. Funny how that DNA evidence is accepted by them but the bra clasp DNA is not. As a forensic biologist perhaps he might also want to comment on the fact that ““


(9) There was not one single trace of evidence, DNA, fingerprint, footprint or otherwise, relating to Guede found on the window sill, window, glass, or any item located in, or anywhere else in, Filomena’s room. And yet a mixed sample of Amanda’s and Meredith’s DNA was found on the floor there. Explain that! 

Without question Dr Hampikian’s soundbite contributions to the program were scientifically very inept for someone in his position, but I am sure that he knew what he was doing.




(10) Drew Griffin’s loaded, error strewn and unsubstantiated commentary continued -

  • DG: Amanda was “confronted (by the police) with evidence of criminal activity which the police didn’t have.”

Amanda was questioned by the police as a witness in the immediate aftermath of the discovery of the murder along with others such as her flatmates Filomena and Laura, and Raffaele and three of Meredith’s English girlfriends. These were not interrogations. The questioning of Amanda for 52 hours (suggesting intensive interrogation) as mentioned by her father at the beginning is an exaggeration if not a fabrication. 

Amanda was questioned (interrogated, if you like) at the police station on the 5th November from around 11.30pm to 1.45 am when the questioning stopped because she had become a formal suspect due to her disclosure that she had been at the cottage when Meredith was being murdered by Patrick Lumumba. She was not questioned again other than in court.

A question for Drew Griffin.  “During the aforesaid period what evidence was she presented with that the police did not already have?” I, for one, do not know what he is talking about.

  • DG: “The case against Amanda Knox appears to be falling apart.”

Really?  News to me.

  • DG: “The tabloid press is beginning to tell a different story.”

Well, they are reporting (and sensationalising in some cases) developments (such as they are)  in the appeal.  But a different story?  Again news to me.

  • DG: “The case against Amanda Knox and Raffaele Sollecito seems to be hanging on two very small pieces of DNA evidence.”

Actually Drew, that’s what you would like people to think. It would be far more accurate to say that it is the validity of any defence that is hanging on this evidence, and that what crumbs they may be thrown as a result of the review will not really damage that evidence nor alter the soundness of the convictions.

There is plenty of other evidence, all omitted in this biased documentary.

(11) Drew Griffin next remarks: “Curatolo’s evidence was laughable”.

Really? In what way? He seems to have got the date and times and identifications right. Explain that. In fact whatever the appeal court now makes of his testimony there was nothing laughable about his evidence. He was indeed confused in parts but very clear that he saw Amanda Knox and Raffaele Sollecito arguing together in Grimana Square the night before the police and forensic teams arrived in the square and at the cottage.

The confusion that arose was that he introduced elements of Halloween (the night before that) including a costume he saw in his recollection of the said night. However he was also certain that it was not raining when he saw the two together. It did not rain on the night of the 1st November whereas it did on the night of the 31st October.

  • DG ““ “He revealed that he was under investigation by Mignini’s office at the exact moment he became his star witness.”

I sensed several slurs coming up and I was not wrong.

  • DG ““ “Did he get any favours?

Like what? The promise of a reduction in sentence? It looks like he didn’t.

  • DG ““ “So you believe the testimony of a homeless heroin dealer?”

Yes, for the reasons given. Drew, it does not matter what Mignini really believed or believes now. Testimony is heard and evaluated by the court not by prosecutors. Mignini is not heading the prosecution team on the appeal and he certainly has no influence otherwise on judges and jurors anyway.


(12) Another fatuous claim. “But almost immediately after the arrests Mignini had a problem. The third suspect, Patrick Lumumba had an airtight alibi. He was in his crowded bar that night. He could not have been involved.”


Actually the bar was not so crowded. Pretty empty really.  Patrick was fortunate that of the few customers who turned up one was a Swiss professor, Roman Mero, who travelled all the way back from Zurich to give police Lumumba’s airtight alibi. But for that Lumumba might have stayed in the frame-up longer thanks to Amanda. She did not ever admit to the police that she had lied about him.


(13) Another fatuous claim. “Knox stated that she was denied a translator when referring to her interrogation/arrest.”

Knox testified on the stand in June 2009 that she DID have a translator at that time, by the name of Anna Donnino.

(14) We then had the introduction of Doug Preston, co-author of “The Monster of Florence” (another inadvertent plug ““ sorry) whose book is in the planning stage for a movie with a star role for this financial donor to The Committee to Protect Journalists. Preston is to be played by George Clooney in the movie.

I do not intend to dwell on this section. It is irrelevant to the Murder of Meredith Kercher and to do so would be to give this pompous individual more of the self publicity he craves It’s sole purpose was to portray the Perugia police and in particular Mignini as arch villains. It might occur to many that Doug Preston has a financial interest in doing this.

We were treated to the following gems ““

“Police interrogated people brutally and extracted suspect confessions from them” (in the Monster of Florence case ““ sorry, another plug)

“I was terrified. I thought these people have the power to put me in prison for the rest of my life.”

Mr Preston obviously does not like having to answer questions or to have to account for himself. Well nobody does really but we are in wimp territory with Preston.

George Clooney could not possibly play such a wimp. Instead the scene in the movie will have to be “sexed up” with Mignini being portrayed as overbearing, obsessive, corrupt and demented.

Hardly the picture he presented in his interview - that is, the two hour long interview that was not shown.

It is not accurate to say the Preston has never returned to Italy as a result of his brush with Mignini. He has been back with Dateline NBC to tape a show on the Monster of Florence (4th and last plug!).





The following are some of the other facts omitted - all pursuant to testimony at the trial or verifiable from other easily obtainable sources. Take note first that there were extensive investigations by experts of cellphone and computer activity and their findings were admitted as evidence. Also it may be helpful to know that Meredith Kercher had two mobile phones, an Italian phone given to her by Filomena and her own UK phone.

These were stolen by her killers and discarded elsewhere. However they were found and handed in to the Postal Police who ascertained that the Italian phone was registered to Filomena and consequently two officers were dispatched to the cottage where they found Amanda and Raffaele.


(15) the fact that Amanda claimed that she returned to the cottage on her own at 10.30 am before the discovery of Meredith’s body to have a shower and collect a mop to clear up a spill of water at Raffaele’s flat the night before”“ which Massei found unlikely given that by her own testimony she had arranged with Raffaele to visit Gubbio that day and had testified that she had already had a shower at Raffaele’s the evening before; and furthermore that Raffaele employed a cleaner who kept a mop and cleaning equipment at his apartment block.


(16) the fact that cell phone records show that Amanda called Filomena at 12.08 pm (on the 2nd November) to report the front door being open, blood on the bathroom mat and Meredith’s door being locked.  She was at Raffaele’s flat at the time.  Filomena tells her to try Meredith’s phones. Records corroborate that Amanda did call each of Meredith’s phones in turn,

But these two calls lasted just 3 seconds and 4 seconds respectively. Does this sound like a genuine attempt to get hold of Meredith?  One also has to wonder why she did not attempt to call Meredith’s phones again once she and Raffaele had arrived together at the cottage when she might have assumed that they would be heard ringing in Meredith’s bedroom.


(17) the fact that Amanda and Raffaele claimed that Raffaele had called the carabinieri to report a burglary before the postal police arrived. This 112 call was later discovered as timed at 12.51 pm after the arrival of the postal police.


(18) the fact that Amanda told the postal police that Meredith always locked her bedroom door even when she went to the bathroom. This was flatly contradicted by Filomena who said that the only occasion when Meredith had ever locked her door was when she returned to visit her mother in England.


(19) the fact that when the postal police looked into Filomena’s bedroom Raffaele told them that nothing had been stolen. That was true - but why had he been so certain?


(20) the fact that Amanda telephoned her mother from the cottage at 12.47 pm (around 4 am in the morning Seattle time), before the discovery of the body. Why did Amanda wake her mother up in the middle of the night? Edda was subsequently puzzled as to why Amanda was unable to remember this call when, as she put it “Nothing had really happened”.

Amanda persisted even with her parents in denying the existence of the call, but then eventually said that she could not remember it. 

Edda says that Amanda mentioned in the call that there appeared to have been someone in the cottage, and that she told Amanda to call the police. Amanda did not mention, according to Edda, that the postal police were already there.


(21) the fact that in her 2,900 word e-mail home of the 4th November she professes to have been in a panic about Meredith’s locked door and her whereabouts (calling out her name, banging on her bedroom door, and running out on to the balcony and leaning over the rail and trying to look through Meredith’s bedroom window), but according to the witnesses exhibited no particular concern about Meredith when the postal police arrived, nor raised any concerns with them, rather quite the opposite, before the discovery of Meredith’s body.


(22) the fact that in the same e-mail she says that during her 10.30 am visit to the cottage she noticed the blood “smeared” on the sink faucet, drops in the sink and the bloody foot print on the bathmat. “Ew! but nothing to worry about” she says. She attributes the blood to perhaps Meredith having menstrual issues.Does that really make sense? A footprint in menstrual blood? Meredith? who was always so clean and tidy and who had admonished Amanda for her uncleanliness in the bathroom.


(23) the fact that she claims in the e-mail that Raffaelle tried to force Meredith’s door before the arrival of the postal police and failed, despite the fact that one of the other witnesses forced it quite easily.


(24) the fact that (if Amanda’s account of returning to the cottage at 10.30 am is to be believed) notwithstanding blood in the bathroom (which by Amanda’s own admission was not there when she left the cottage the day before), the front door being open, Meredith’s bedroom door being locked (when it was usual for it to be unlocked),and unflushed feces in the large bathroom toilet (which,she says, made her feel uncomfortable about the situation), Amanda did not think of attempting to contact Meredith by phone (on the assumption that she had gone out that morning) nor take a decision to notify anyone other than Raffaele for up to an hour and a half, until a 12.07 call to Meredith and the 12.08 phone call to Filomena. Does this seem credible?


(25) the fact that the 12.07 call was to Meredith’s UK phone and lasted 16 seconds but oddly she does not mention this call to Filomena seconds later. Nor, before calling Filomena, does she try Meredith’s italian phone. The italian phone was, Amanda knew, the phone Meredith used to make and receive local calls. Massei infers that there was no need to try Meredith’s italian phone because Amanda knew that both phones had been disposed of together. This explains why the first call (immediately prior to calling Filomena) was 16 seconds long (to check whether or not both phones had been found), and why the subsequent two calls (after the call to Filomena) were both very short.


(26) the fact that Filomena was worried enough to call Amanda twice at 12.12 (36 seconds) and at 12.20 (65 seconds) without Amanda picking up the calls.  Amanda did pick up the final call at 12.34. Why did she not answer the first two calls?


(27) the fact that Amanda told Meredith’s English friends at the police station details of the body and wounds, although but for a foot it was covered by a quilt and despite her not being in line of sight when the body was discovered, and not having been told any of these details by anyone afterwards.


(28) the fact that when 3 days after the murder Amanda, Filomena and Laura were requested by the police to accompany them to the cottage to check out some details, Amanda, on being shown a drawer of knives in the kitchen, appeared to have had a psychotic incident, putting her hands over her ears and trembling.


(29) the fact that Raffaelle told a British Sunday newspaper in an exclusive interview that on the night of the murder he was at a party with Amanda and not at his flat. He also said that Amanda had gone back to her own flat the next day at midday, and not at 10.30am as she claimed.


(30) the fact that having told the police that she had been with Raffaele all night on the 1st November, sleeping with him until 10.00 am the next morning, Raffaele then proceeded to destroy this alibi on the evening of the 5th November by telling the police that on that night Amanda had gone out and had not returned to his flat until 1 am.




(31) the fact that Raffaele’s own alibi was not corroborated by computer evidence. He claimed to have spent the night indoors, using his computer until late and then going to sleep. In fact all human interaction with the computer ceased at around 9.15 pm and the computer was not re-activated by him until 5.32 am the next morning when it was used for half an hour for music to be played.


(32) the fact that both Amanda’s and Raffaele’s mobiles were switched off sometime shortly after 8.42 pm and were not switched back on again until after 5.32am in the case of Raffaele who activated a text message his father had sent him late the previous night.


(33) the fact that Raffaele’s father had telephoned Raffaele at 8.42 pm and had testified that during the conversation his son told him that while he was washing the dishes he had noticed a leak of water on the floor. This times the dinner Amanda and Raffaele had together as being prior to this whereas Amanda had claimed first that dinner was a liitle after 9.15 pm and then again that it was quite late, perhaps 11 pm (close to the time that Meredith died).


(34) the fact that Amanda’s claim that she slept in until 10 am does not fit easily with the fact that Raffaele was playing music on his computer from 5.32 am nor with the evidence of Mr Quintaville, the food store owner, who says he saw Amanda when he was opening up his store at 7.45 am.


(35) the fact that Amanda and Raffaele were both using drugs. There were multiple corroborating statements to that effect.


(36) the fact that Amanda and Raffaele were constantly together ““ in a symbiotic relationship as Massei put it.


(37) the fact that Raffaele was a knife aficionado in the habit of carrying a pocket penknife. Indeed he was carrying one on him when he was interviewed at the police station on the 5th November.


(38) the fact that Raffaele watched animal porn videos and this so concerned his university that his subsequent behaviour was monitored.


(39) the fact that Raffaele posted a picture of himself on Facebook dressed up as a mummy carrying a butchers’ chopper.


(40) the fact that Amanda had also written a bizarre short story about the drugging and raping of a young girl which she had posted on her web page.


(41) the fact that Amanda and Raffaele have both suggested that the other might have committed the crime.


(42) the fact that when Rudy Guede was arrested Raffaele did not celebrate his pending imminent release but wrote in his diary that he worried that this man, whom he says he had never met, “might make up strange things about me”.


(43) the fact that there are two instances of Amanda’s DNA mixed with Meredith’s identified by luminol (a powerful presumptive test for blood); in the corridor and in Filomena’s bedroom.  The luminol also identified three footprints, one in Amanda’s bedroom and two in the corridor which tested positive for Meredith’s DNA, the footprints being comparable to the shape and size of Amanda’s right foot.


(44) the fact (as mentioned by me before but not in your programme) that Amanda’s blood was found in the bathroom. Amanda’s blood was on the washbasin faucet, and the mixed blood of Amanda and Meredith was in the washbasin, the bidet, and on the cottonbud box.


(45) the fact that not only was Raffaele’s DNA found on the bra clasp but that in the electropherogram chart there were ten out of sixteen loci having peaks corresponding to Amanda’s profile. Though this is not as decisive as the DNA result for Raffaele, it does give rise to the hypothesis that Amanda touched the bra clasp as well. Amanda’s defence team may consider themselves fortunate that the bra clasp can not be re-tested.


(46) the fact that a shoeprint on Meredith’s pillow was estimated in the area of size 37, or 38.  Amanda’s shoe size, not the other two.


(47) the fact that (according to Massei) the nature of the wounds and injuries sustained by Meredith ( who was a fit girl and who had trained in karate) meant that more than one attacker had to be present to inflict those ( knife wounds, strangulation, bruising to her lips and inner thighs) and to subdue her and attempt sexual intercourse.


(48) the fact that Massei also concluded from the wounds that there were at least two different knives used and that exhibit 36 (the knife on which Amanda’s and Meredith’s DNA was found) was compatible with the wound that ultimately caused her death through blood loss and asphyxiation.


(49) the fact that there were blood spots (from coughing up blood as a result of the fatal knife wound to the throat) on Meredith’s chest and bra. This and other evidence shows that her body was moved, and her bra and some other clothing removed after she had died or at least as she lay dying.This suggests that the evidence of a sex attack is, in part at least, staged.


(50) the fact that there was a footprint (Raffaele’s)  in Meredith’s blood on the bathmat but none leading from Meredith’s room to the bathroom. Highly suggestive, if not proof, that there had been a clean up operation.


(51) the fact that the discovery of Amanda’s arced reading lamp in an upright position on Meredith’s bedroom floor (as if for close inspection) is also highly suggestive of a staging or clean up operation.


(52) the fact that Meredith’s stolen mobile phones were found in a garden within a few hundred yards of Guede’s and Raffaele’s apartments. The apartments are within 30 seconds walking distance of each other, much closer to each other than either are to the girl’s cottage.


(53) the fact that the other two girl occupants with keys to the flat had rock solid alibis whereas Amanda had not.


(54) the fact that according to witnesses the relationship between Meredith and Amanda had started out well enough but had started to deteriorate, be it over petty things.


(55) the fact that the placing of a duvet over Meredith’s corpse is indicative of some relationship between Meredith and her killer.





Some conclusions on the case and Griffin report

Most of the foregoing may be circumstantial evidence, but taken together it is powerful circumstantial evidence, more than enough to secure a conviction in any court in the USA.


Who would have the motive to stage a break in, stage further evidence of sexual assault for an invesigator’s benefit, carry out a partial clean up, and lock the victim’s bedroom door? 

Curatolo’s evidence that he saw Amanda and Raffaele in Grimana Square, a few metres away from the cottage, having what appeared to be a heated argument,  at various times between 9.30pm and 11.pm, is helpful to the prosecution case but by no means essential.

All the emphasis on the admittedly unhelpful and salacious tabloid newspaper reporting is irrelevant. It is a distraction.

In addition Rudy Guede, in his evidence, did indeed implicate Amanda Knox (starting well before the Italian police got their hands on him), and all the evidence from his fast track trial and appeals is now part of the evidence to be considered in the current appeal.

I think that the Italian Justice system would resent the insinuation in the programme that Guede received a reduced sentence because he was co-operative with the police and prosecution in implicating Amanda.

It should be noted that if Mignini, in his alleged rush to judgement, got things seriously wrong, then he would have had to manipulate the evidence of the prosecution witnesses to fit his erroneous hypothesis. A grand conspiracy! -  a laughable hypothesis. The following is a list of such witnesses. It is indicative, not exhaustive.

Filomena Romanelli, Marco Zarelli, Paola Grande, Laura Mezetti, Luca Altieri, Inspector Battistelli (Postal Police), Monica Napoleoni (Head of Perugia Murder Squad), Sophie Purton, Robyn Butterworth, Amy Frost, Jovana Popovic, Antonio Curatolo, Marco Quintavalle, Nara Capezzali, Antonella Monacchia, Inspector Finzi, Superintendent Gubbiotti, Commissioner Bartolozzi, Marco Trotta, Claudio Trifici, Gregory Mirco, Dr Luca Lalli, Chief Inspector Latella, Dr Profazio, Dr Patrizia Stefanoni (Police Forensic Service in Rome and prosecution DNA expert), and Dr Torricelli (DNA expert for the Kercher family).

This particular murder case is unusual not just in the interest it has generated worldwide but also to the extent to which it has been discussed and argued over on the internet and in the manner in which on occasions it has been presented (rather than reported on) in the media. It is also unusual that the family of one of the accused has not only taken part in such activity but has hired a public relations firm to help bring this about.

There have been a number of books already but I predict that in future a number of these, and the media generally, will also deal with these additional features of the case in some detail.

Sadly for CNN I expect that “Murder Abroad ““ The Amanda Knox Story” will often be quoted and held up as an example of how bad things got.

I dare say you are free to broadcast what you like and perhaps Drew Griffin’s presentation wrought an overpowering sense of injustice in viewers and improved ratings.

With hindsight, however, I am sure that CNN will regret this shoddy little “documentary”.

It would be nice to think, when Amanda’s conviction is upheld, that CNN will broadcast a detailed corrective documentary. I look forward to hearing from you.

Yours etc

James Raper

c/o True Justice for Meredith Kercher


Friday, May 13, 2011

CPJ Accusation #4 Against Italian Justice Officials: Mr Mignini Sues For Defamation Without Cause?

Posted by Kermit


Overview. In our Second Open Letter to Joel Simon and world leaders we noted that NOT ONE of the accusations against Italian officials on close examination stands up. This is Attachment Four to that letter. More investigative posts are to come. 

CPJ Accusation 4:  “[CPJ] an independent, nonpartisan organization dedicated to defending the rights of journalists worldwide, is deeply concerned about local authorities’ harassment of journalists and media outlets “¦. CPJ is particularly troubled by the manifest intolerance to criticism displayed by Perugia Public Prosecutor Giuliano Mignini, who has filed or threatened to file criminal lawsuits against individual reporters, writers, and press outlets…. [Editor of]  the national weekly newsmagazine Oggi, received an official notification that Mignini had started legal action against him in response to an Oggi article…. the U.S. weekly newspaper West Seattle Herald”¦ published an article that “¦ contained a reference to unnamed legal experts who reportedly believed Mignini to be “mentally unstable.” “¦. swift reaction by Mignini “¦ (who) file a defamation claim against the West Seattle Herald…  Joe Cottonwood, another U.S. writer Mignini has threatened with a criminal defamation lawsuit ... the action stems from a “¦ comment (where) Cottonwood described Mignini as an “intellectually dishonest bully.”  (Source: CPJ Letter to 21 World Leaders 19-04-2011 )  “What we are concerned about is that the press - domestic and international - is free to report and comment on the case without fear of reprisal.”  (Source: CPJ followup explanatory note 28-04-2011. )

First a clarification. Joel Simon presumably means the press should be free to report accurately and without unfounded libelous smears. Let’s hope that he doesn’t really maintain reporters’ rights to defame without basis, to provoke unhinged ranters on the web who channel hate against the Perugia officials and those who support them day-in and day-out.

Forensics Method for Test 4: Common sense and a little Google

Line of Investigation for Test 4: Let’s get this straight: here the CPJ is concerned that reporters and news media will not freely report or express opinions in the case of the murder of Meredith Kercher. The CPJ believes that this is happening because of threats by Mr. Mignini.

I think that we should check to what extent the press actually feels threatened, and to what extent they are modifying their comportment due to Mr. Mignini’s supposed inappropriate actions which the CPJ considers go beyond what could be reasonably expected.

Test 4a, Step 1:

Google:  judge sues newspaper defamation (enter)

You get 1,750,000 results, so it’s clear that the fact that members of the judiciary sue the press is not something that Mr. Mignini invented. You probably see where I’m going, so I’ll save us the effort of doing a few additional seconds of Googling different combinations like:

  • Google: judge sues radio slander (enter)
  • Google: judge sues media defamation (enter)

And so on. You end up with many, many millions of Google responses.

Since I’m trying to limit the execution of this test to a matter of seconds, let me take one of the mundane examples from the first page of Google results: this spring, the Voice of Richmond, a small local newspaper in Richmond, Virginia, was sued for the second time in two years, by the judge and a lawyer in the first case.




Above:  A defamation suit by a member of the judiciary or any other citizen is the most normal thing in the world. Most examples ““ like this case involving the Voice of Richmond, which I selected simply because it was one of the first Google results ““ are related to questioning the appropriateness of courtroom procedures. 

Other defamation suits, like Mignini’s claims against the West Seattle Herald’s reporter Steve Shay’s article (“mentally unstable”) or Joe Cottonwood (“intellectually dishonest bully”) are not against incursions limited to question the procedures in a legal case , but against open and baseless personal attacks, as seen from the point of view of the victim.

Is the CPJ concerned about the defamation suit against the Voice of Richmond? Has it published a letter to political leaders and pasted it prominently on its site, claiming that the judge in Richmond should just sit back and take criticism of his courtroom procedures?

If the Voice of Richmond newspaper, instead of being critical of courtroom procedures in a potentially defamatory manner, had associated the judge’s good name with the expression “mentally unstable”, or if the paper had called him an “intellectually dishonest bully”, only then would the CPJ have jumped in to defend the Voice of Richmond’s right to do such name calling?

The conclusions to this test, I must say, are pretty obvious.

My point is that while most people will agree with CPJ that public officials should put up with criticism of their work, we all agree that personal smears (or what the alleged defamation victim and the public could see as a personal smear) certainly should give way to the right to defend one’s honour.

This should be the case not only in the thousands of cases documented in Google that the CPJ doesn’t seem to get worried about (which is good news), but also in the case of Mr. Mignini, whom someone in or very close to the CPJ seems to be especially nervous about (which is disturbing news).

Test 4b, Step 1:

With just the results of Test 4a, I could already proceed to update the Balance Sheet for Testing CPJ’s Anti-Mignini Accusations as regards the example of Mignini suing certain persons or news outlets for personal attacks against his honour.

However, let’s take a fast look at each of those persons or news outlets to see if there are any factors which could change in one direction or another our conclusion that it’s perfectly normal for a person in the judiciary to sue for defamation, in particular when the alleged defamation does not concern his professional activity but his personal characteristics.

Without further ado, let’s carry out another search.

Google: site:oggi.it “oggi.it” amanda knox OR edda OR chris OR mellas (enter)

Each reporter, newspaper and magazine out there has their own view on the personalities in the Meredith Kercher murder case. There are a couple of outlets, like OGGI magazine which for some unknown reason have taken a particular liking to the Knox Mellas family, resulting in the members of this family and their travails getting special coverage, as the Google results show (use the Google translator if need be).


[Above: The Knox-Mellas clan find one corner of ongoing support and sympathetic coverage in Italy in OGGI magazine.]

The fact that this magazine takes a particular view to Amanda Knox’s family is a question of how they want to focus their coverage of this case. Quite another thing are their insinuations about certain elements of the prosecution’s case.

For example, in recent weeks there seems to be an all out attack on the hearing capacity and the mental faculties of Signora Nara Capezzali, a neighbour who on the night of Meredith Kercher’s murder heard the running of multiple persons near the cottage, just after a piercing scream (the danger of this testimony for pro-Knox forces is that it points to more than one person being involved in the crime, including Amanda Knox).

Just for interest’s sake, to see how Amanda Knox friendly voices have latched onto this issue, do another fast Google search: “amanda knox” “nara capezzali” deaf OR crazy OR psychiatric (enter)

OGGI and reporter Giangavino Sulas participated in the attack on Signora Capezzali, and by extension on prosecutor Mignini’s case:

“The witnesses “¦ suffer from sufficiently serious problems of deafness, of physical and also mental health,  to be hospitalized in a psychiatric ward (as in the case of Nara Capezzali).”  (Source:  Giangavino Sulas , OGGI Magazine, April 2011)

This test and the ones that follow are not meant to prove anything in particular as regards Mr. Mignini’s right to defend his honour (which we saw clearly in Test 4a).

However, these additional tests do put some perspective on those who decry Mignini as threatening (or whom CPJ has dug up as “victims” of Mignini ““ I’m not aware that either OGGI, Steve Shay or Joe Cottonwood were searching for the CPJ to ask it to put together its Letter to 21 World Leaders, not even a junior reporter from the diminutive West Seattle Herald could have been able to dream that up).

In addition, if what CPJ is concerned about is “that the press—domestic and international—is free to report and comment on the case without fear of reprisal”,  (Source: CPJ followup explanatory note 28-04-2011 ) it is more than evident by consulting recent reporting by OGGI and in particular by Giangavino Sulas, that that magazine and reporter are not holding back in examining and opining on all elements of the prosecution and conviction of the murderers (pending appeal) of Meredith Kercher.

Test 4c, Step 1:

Let’s go to a popular pro-victim discussion board concerning the murder of Meredith Kercher, such as TJMK or the Perugiamurderfile.org. Do a search for Steve Shay, and you will see references to examples on other sites which demonstrate how this reporter swims like a fish amongst pro-Knox social networking friends.


Above:  When West Seattle Herald reporter Steve Shay infiltrates Internet social groups to gather information for his next story, he sure does a good job of appearing to be like-minded with his fellow posters, in this case, the Friends of Amanda lobby Facebook group. 
(Source:  Facebook, image on Perugiamurderfile.org)

Steve Shay’s own social networking postings and his ongoing reporting in the West Seattle Herald demonstrate that Mignini’s potential lawsuit has not made him or his newspaper wither (my personal opinion is that he takes it as a sort of medal that he wears proudly on pro-Knox discussion boards and at FOA money making events).

The CPJ itself states explicitly that “in an email interview with CPJ, West Seattle Herald Editor Ken Robinson said “¦ that the paper does not fear repercussions from Mignini “¦. he and his newspaper were not perturbed by the prosecutor’s actions”.

So why all the fuss in the CPJ Letter to the World about reporters and newspapers holding back in having a go at the Meredith Kercher murder case? 

The CPJ itself shows that some reporters like Steve Shay can have their cake and eat it too.

Test 4d, Step 1:

I feel a little sorry for Joe Cottonwood, as he appears to have haplessly stepped into an international scene of attacks against Mr. Mignini. However, if the Italian law says that you can’t call someone an “intellectually dishonest bully”, then you should be careful.

Let’s do a fast test on Mr. Cottonwood.

Type Google: joe cottonwood (enter)

From the Google search results, you can take a look at Cottonwood’s own site, or see a summary of his activity in the Wikipedia page on him: “Joe Cottonwood is an American author of fiction and poetry for adults and children. He was born in 1947 and lives in La Honda, California.” (Source: Wikipedia )

Cottonwood not only doesn’t report on the Meredith Kercher murder case, he isn’t even a reporter, nor even calls himself a blogger or a freelancer or journalist.

You can hardly say that Mignini’s legal action to defend his personal honour will affect Cottonwood’s coverage of the case, which is what CPJ’s Letter to 21 World Leaders is all about as CPJ stated in its clarification commentary on its Open Letter..

The fact that Cottonwood is included in an international missive of a journalists’ sectorial association when that isn’t even his profession makes me think that CPJ (or whoever really prepared the Letter to the World) was scraping the barrel for examples.

Approximate time required to obtain material to be analysed: less than 1 second for Google searches, a few minutes to enter and search discussion forums.

Tests 4a, 4b, 4c, 4d Step 2: Conclusions

If American judges can sue for defamation in situations which are less personally insulting than what Mr. Mignini has had to put up with, and this defamation in America doesn’t provoke CPJ’s intervention, then Mr. Mignini’s personal legal actions can’t be worth a Letter to 21 World Leaders.

In addition, simple observation of your examples of three defamation suits shows that it is not true that Mignini’s legal actions to defend his personal honour have affected news reporters’ coverage of the Amanda Knox case.

It is strange and worrying that the Committee to Protect Journalists for some reason wants to deny Mr. Mignini his constitutional right as an Italian and European citizen to not be the subject of abusive attacks.

Let’s do one final exercise: search Google for Mignini and various hate terms like “mentally unstable” and you could conclude that reporters and anonymous bloggers have made Giuliano Mignini into the second most hated man on the planet after Bin Laden - who now, of course, is dead.

Hate remarks against Mignini are now up in the hundreds of thousands, possibly millions. The BBC looked into just some of the shrill claims made by reporters whom Joel Simon wants to keep supporting in their anti-Mignini drive and actually found nothing there.

We’re moving along, and as usual, the best is yet to come. Let’s update the Balance Sheet for Testing CPJ’s Anti-Mignini Accusations with our latest findings. I fear that the CPJ is not doing well:

[below::The results of the fourth set of credibility tests of the anti-Mignini accusations gives us the feeling that the CPJ has no basis whatsoever for the accusations, nor does it have justification for sending a Letter to 21 World Leaders.]


CPJ Accusation #3 Against Italian Justice Officials : Was Anon Blogger Arrested On MIGNINI’S Orders?

Posted by Kermit


Overview. In our Second Open Letter to Joel Simon and world leaders we noted that NOT ONE of the accusations against Italian officials on close examination stands up. This is Attachment Three to that letter. More investigative posts are to come. 

Accusation 3:  This anti-Mignini accusation is even more startling than numbers one and two.  The harassment reached its peak on September 28, 2010, when five officers of Squadra Mobile forcibly entered “Sfarzo’s” apartment. They did not produce a warrant or show their badges, “Sfarzo” (real name Sforza) told CPJ. Four of the five shoved Sforza to the ground, struck him, handcuffed him, and climbed on top of him, crushing his air supply “¦ etc. etc. etc. The officers refused Sforza’s requests to call his lawyer or his relatives, and put him in a cell for the night.” (Source: CPJ Letter to 21 World Leaders )

Well, I’m still surprised that CPJ didn’t ask the Perugian blogger for his lawyer’s name, or for information about the hospital and the doctors who attended him.

I’m also surprised that CPJ didn’t ask both the blogger and the police headquarters about why the accused policemen (with or without a warrant) originally went to his home. It all sounds like a story that is extremely full of holes of information which should be filled (unless if you prefer not to fill them in).

I don’t know if the CPJ realized it, but with this accusation, the organisation has ratcheted up the grave accusations against Mignini. If up until now the anti-Mignini crowd’s accusations were limited to describing Mignini’s alleged bothersome provocations, the CPJ has now appeared on the anti-Mignini stage, and is claiming that he has opened a qualitatively higher level of menace: one of physical violence causing bodily harm. The only thing missing is for Mignini to be called a drug-dealer and a drifter.

Since the CPJ didn’t ask the blogger nor include in its Letter to the World why the police went to the blogger’s home, the CPJ’s insinuation is that Mignini’s goon squad simply went to the blogger’s home under that prosecutor’s orders, and with no justification.
I see no evidence that:

  • Mignini sent anyone anywhere that day,
  • the police weren’t there (if they were) on police business related to the Perugian blogger’s real-life persona,
  • the altercation with the blogger (if there was one) had something to do with Mignini,
  • the injuries suffered by the blogger were noticeable (if there were any),
  • the blogger’s neighbour was contacted the CPJ, as a first hand eye-witness.

The CPJ letter quotes the Perugian blogger:  “The next day, the officers brought Sfarzo (real name Sforza) before a local judge, who validated his arrest and indicted him on several articles of Italy’s penal code “¦. ‘The police can count on the complicity of judges,’ Sfarzo told CPJ”.

If Joel Simon of the CPJ ratcheted up the level of the attack on Mignini by claiming that physical bodily-damaging violence is now part of MIgnini’s media relations program, our astonishment is increased with the new and confusing element of the judges’ complicity. If Mignini is the ringleader, shouldn’t he be the one who has the complicity of the judges, instead of the national policemen, who up until now seem to be footsoldiers of Mignini?

You tell a tale in the Letter to 21 World leaders which is confusing. Please provide us with a believable link between Mignini, police officers and judges in this violence. Who’s the leader?

Well, we’re here to do a check on the third Anti-Mignini Accusation of the CPJ. There is no direct evidence of this strange supposed attack available for me to go on, so I think I’ll have to do a credibility check on the Perugian blogger’s words and photos in other situations where Mignini is present, such as regards the Meredith Kercher murder investigation.

Forensics Method for Test 3: Google, and reading up on the murder of Meredith Kercher

Line of Investigation for Test 3: Since the Perugian blogger’s blog is sometimes difficult to understand for me, due to English language expression issues, or due to his particular sense of humour, we need to contrast his credibility in a direct, visual and non-verbal manner.

Test 3, Step 1: 

Step 1a: Talk with someone familiar with the online discussion of this case. Ask about situations where the Perugian blogger has undermined his own credibility in a obvious, relevant and conscious way, comparing these situations to the credibility he needs to support his colourful description of a Mignini directed police commando which storms into the house of the blogger for no reason whatsoever other than to beat him up (a qualitative change from the other accusations that the blogger has made against Mignini, and which haven’t stood up to scrutiny) and make it look like the blogger attacked them, all in order to try him and send him to jail.

I’m not looking for situations of the typical silly comments which we may make at one time or another due to human foible, but where a direct, explicit decision or affirmation is made which undermines one’s overall credibility.

Today we’ll look for just one situation to analyse. However, I’m open to examine other such events or declarations, especially if the CPJ finally decides to start to do basic checking behind the details of its recent attack on Mr. Mignini. We can hopefully work together on this in the future.

Step 1b: Take the key elements of the above situations commented on where the Perugian blogger is involved, and follow the development of the discussion.

Google:  perugia shock via della Pergola from where raffaele amanda checking house (enter)

Approximate time required to obtain material to be analysed: minutes/few hours

Analysis:

Let’s go back in time to the end of November and start of December of 2008. There was an open debate then on a pro-Knox cooking blog based in Seattle which has since become dedicated to the Amanda Knox case. At that point one of the many Internet forum debating issues concerning the crime committed against Meredith Kercher was whether it is possible from Piazza Grimana to see the gate of the cottage where Meredith lived together with Amanda Knox, her now convicted murderer (pending appeal), and two other Italian girls.

Piazza Grimana is a park/pedestrian square with a basketball court, carved into a downhill slope just outside of Perugia’s ancient Etruscan Arch. The prosecution maintained a theory that following the murderous act for which they have been convicted, Knox and Sollecito could have waited in the Piazza Grimana, looking towards the access ramp of the cottage to see who might arrive (perhaps, for example, emergency vehicles).

Obviously, the cooking blog curator didn’t manage to clear up this debate in her favour, but the Perugian blogger, who was already on excellent terms with pro-Knox forces “came to the rescue” on his blogspot pages with this image which seems to demonstrate that the view of the cottage access ramp from Piazza Grimana is blocked by the building on the right:


Above: The Perugian blogger provided momentary pressure release for the cooker, by posting this image with the accompanying text to emphasize that you can’t see the cottage gate from Amanda Knox’s and Raffaele Sollecito’s alleged perch on the raised edge of the Piazza Grimana. The logic of the argument is that if neither you nor I can see the cottage gate (in that photo), then neither could Knox nor Sollecito, and therefore the prosecution theory was not applicable.

The Perugian blogger’s photo from Piazza Grimana was perfect for the requirements of the cooking blogger, and a grateful post soon went up on her site:


Above:  A pro-Knox Seattle food blogger with a personal blog on the Seattle PI site was relieved to have visual support for her theory that the view of the cottage gate from Piazza Grimana is “clear as mud”.  (Source:  Seattle PI amateur blog  Note:  this comment and other followup ones were cleansed ““ erased ““ a long time ago. )

The online blog discussion could have drifted on to other topics if it weren’t for the fact that many of us knew perfectly well that you can see the cottage gate from Piazza Grimana. Even a person not familiar with this case, upon examining the apparent proof provided by the Perugian blogger that the building on the right might negate the possibility of two murderers staking out the cottage entrance ramp, could come up with an effective answer :


Above: It’s just a jump to left, that’s all that is required to gain the line of vision needed to watch the access to the cottage. (Source: Rocky Horror Picture Show)


Above: Let’s try something extremely obvious that the Perugian blogger seems to have avoided in evaluating whether you can see the cottage gate from Piazza Grimana “¦ what will happen if we move a little to the left? 


Above: Luckily, the TJMK editor had been in Perugia and came back with an extensive collection of photos of the things he had seen, including the view of the cottage access ramp from Piazza Grimana.


Above:  Even Italian television was providing the view that Knox and Sollecito may have had from Piazza Grimana of the cottage gate. Why would the Perugian blogger and his pro-Knox lobby group associates want to deny this view from the English-language debate on the case?

If from just a couple of metres to the left you get a completely different story compared to the shadows to the right, and that makes plausible one element of a prosecution theory, I would have thought that a real freelance reporter would not avoid reporting on the obvious.

Test 3, Step 2: Conclusion

This test has been a credibility check. My opinion is that if the Perugian blogger applies the Jump-to-the-right book of extra-judicial lobby blogging, instead of the Jump-to-the-left book of journalistic reporting ““ to the detriment of the prosecution of a criminal case ““ then it is within the realm of reason that such a tendency toward misinformation / incomplete information about Mignini could also be applied by the blogger in describing to CPJ a Mignini-directed violent attack by rogue policemen loyal to Mignini and not their superiors, and who had no other reason to appear at the home of the real person behind the Perugian blogger’s screen-name other than to threaten him into not writing about a case that was already long out of the hands of said prosecutor.

Let’s update the Balance Sheet for Testing CPJ’s Anti-Mignini Accusations and see where things stand:

[below: The results of the third test of credibility in the anti-Mignini accusations only serve to worsen the state of the CPJ’s own credibility.]

Lets continue to the next.

 


CPJ Accusation #2 Against Italian Justice Officials : Did Court Officials Hassle The Anon Blogger?

Posted by Kermit


Overview. In our Second Open Letter to Joel Simon and world leaders we noted that NOT ONE of the accusations against Italian officials on close examination stands up. This is Attachment Two to that letter. More investigative posts are to come. 

CPJ Accusation #2:  The CPJ letter makes a second accusation against Mr. Mignini concerning supposed (yet unsubstantiated) abuse that Mr. Mignini has organized against this blogger: “When the trial of Knox and Sollecito began that December, Squadra Mobile continued to harass him. They regularly tried to prevent him from entering the court; seized his cellphone and went through his contacts and text messages; mouthed insults at him from across the courtroom; and stared over his shoulder as he took notes. “This was done in the presence of the judge, the Carabinieri [the military police], and the court guards, but they would do nothing,” Sfarzo (real name Sforza) told CPJ.”  (Source: CPJ’s Letter to the World 19-04-2011)

Line of Investigation for Test 2: For many of these cases of supposed abuse and threats, the best source for contrasting the grave accusations which the CPJ heaps rather flippantly on Mr. Mr. Mignini, are the words and images that the supposed victims themselves post on Internet.

The Perugian blogger didn’t take photos or video of the entrance controls to the courthouse. I can imagine that in this day and age of terrorism and security controls, it would have been normal for the guards to have asked the blogger’s purpose in entering the courthouse, and if he said he was a member of the press (promoted to “local freelance reporter” by the CPJ), it would have been normal for them to expect him to produce a press pass, accreditation, media business card, or any other professional identification.

And if he didn’t have press identification and if he wasn’t a member of the families of the defendants, or there as a guest of the Kerchers or the prosecution, I can imagine that he would have had some difficulty initially getting access to the courtroom.

Anyway, let’s assume that the credibility of the first part of this accusation (being hassled when entering the courthouse) has the same level of credibility of the second half of this accusation (being insulted and spied on within the courtroom).

If you agree, let’s first of all take a fast look at the general news agency photos of the courtroom which you saw in my first letter a couple of weeks ago.  The test will be to contrast those photos with the blogger’s own photos from court sessions, in order to understand the possibility that such harassment occurred.




[At top and above: The Perugian courtroom where Amanda Knox and Raffaele Sollecito were tried, and where the CPJ claims that the Perugian blogger was yet a further victim of this trial.]

To the right of the upper photo, and at the back of the lower photo is the press pen, where members of the press are crammed in and must remain between a railing and a back wall.

In front of the press pen railing are the defendants’ family members and other authorized parties. 

In front of family members, guards separate the defendants and their legal teams from their families. (To the left of the legal defence teams are the prosecution and private plaintiffs.)

Opposite the prosecution and defence legal teams, facing them at the front, are the judge and the members of the judicial jury.

Test 2, Step 1:  Google:  site:blogspot.com perugia shock court (enter)

(Please note that even though the Perugian blogger’s site has been removed, you can still get photos and text through Google caches.)

Approximate time required to obtain material to be analysed: less than 1 second

Analysis:

The pro-Amanda Knox lobbyist blogger’s blogspot lobby pages (or, if you prefer, the “local freelance reporter’s” news publishing page) are chock full of photos in the court sessions of the trial of Amanda Knox and Raffaele Sollecito.
Let’s make a collage of them:


[Above: A jammed pack collage of photos from the Perugian blogger’s blogspot “freelance reporting” page:  http://perugia-shock.blogspot.com/  (I never knew that by having a blogspot page you became a freelance reporter. Neat.) Double click on the above image to see a larger resolution version. ]

I have indicated each individual photo with a letter. From my point of view, the Perugian blogger was where he should have been in all instances, which is behind the railing of the press pen, near the back wall of the courtroom. This is clearly the case in photos “B”, “C” and “D”, where you can actually see the railing which separates the press pen from the rest of the courtroom.

In the rest of the photos, especially when the zoom function is obviously in use, such as in photos “H”, “J” or ” K”, or simply by gauging perspective, such as in the case of photo “L”, it’s safe to say that the Perugian blogger in all cases was behind the railing of the press pen.

Let’s place on a sketch of the courtroom, the location from which the Perugian blogger took those photos in Amanda Knox court sessions he attended:


Now, if the blogger was in the press pen, any police officer who would have stepped into the crowded, fenced off area and wandered around behind the backs of the journalists, reporters, and blogger - especially making a noticeable attempt to look over shoulders - would have been noticed by the journalists in addition to the blogger who has accused Mignini of sending these spies out.

I realize that these photos may not represent all of the court sessions that the blogger attended.  The possibility exists that in some other session he wasn’t in the press pen, but sitting with the Knox-Mellas family, with whom he has a personal relationship, or in some other non-press location in the courtroom.

Since the CPJ calls the Perugian blogger a freelance reporter, I would assume that the CPJ would also situate the blogger in the press pen and assume that if he wasn’t attending as a member of the press but as a friend of some defendant, then he shouldn’t be afforded the protection of the CPJ (in any case, I doubt this scenario occurred).

As for the “mouthing of insults”, in general, everybody faces forward in the courtroom, except for the judge and the members of the judicial jury. Any police officer or carabinieri agent or prison/court guard present would have been mouthing to the whole press corps plus the blogger, not just him.


[Above: As we see from this photo, everyone in the courtroom faces forwards, except the judge and the jury “¦ and the Perugian blogger (I think that’s him there on the left looking backwards). Golly, maybe he was spied on over his shoulder after all.]

It requires a Friends of Amanda Leap of Faith to imagine the alleged spying happening without anyone else detecting it, other than the blogger.

I won’t comment on the possibility that Judges Micheli, Massei or Hellman condone or are accomplices to such behavior. I honestly think that the CPJ should think twice before it spreads so much conspiracy around, on the basis of a verbal statement by a blogger whose real name the CPJ didn’t even know when they spoke to him (you did speak to him, right? Or did someone else do the phone interview on your behalf?).

If the CPJ honestly thinks that this behavior occurred, since the presiding judge has responsibility for what goes on in the courtroom, why didn’t the CPJ Letter to the World accusing Mignini not make nominal reference to the judges who pull rank over Mignini and include them in this specific accusation?

Test 2, Step 2: Conclusion

Having seen in a more detailed way the layout of the courtroom and the normal positioning of the Perugian blogger, it is difficult to imagine how he may have been spied upon by policemen looking over his shoulder.

As for the mouthing of insults, as a rule, the guards face forwards and are located in front of the family members and other invited persons. For a guard to turn towards the Perugian blogger and mouth an insult, not only the other journalists would have seen it, but also the guests and probably lawyers as well.

If any insults were mouthed at the Perugian blogger during the course of the Amanda Knox trial, or the start of the subsequent appeal, it is difficult to believe that this could have occurred with only the presiding judge (in addition, of course, to the ringleader Mignini) realizing what was going on.

It’s time to go back to the Balance Sheet for Testing CPJ’s Anti-Mignini Accusations and update it:

[Below: Click image for larger image.. The second test of credibility in the anti-Mignini accusations could only be passed if the person who formulated it took a giant Friends of Amanda Leap of Faith.]

Let’s continue to the next.


Sunday, May 08, 2011

Questions For Knox: 15 Questions That Drew Griffin On CNN Tonight SHOULD Have Asked

Posted by The Machine




Drew Griffin’s CNN report on Amanda Knox (replete with dozens of basic errors) can be read in transcript here.

Welcome to migrants from CNN. If you want to form a seriously fact-based opinion, please read this group of posts and especially the one by the very smart lawyer SomeAlbi at the top.

Amanda Knox’s family and friends are notorious for running a mile rather than ever facing any hard questioning. This is unique in crime reporting on American TV where strong suspects and convicted felons otherwise invariably get roasted - heard of CNN’s own Jane Velez Mitchell and Nancy Grace?

So it’s a pretty safe bet that we have got right in advance (see previous posts below) what Drew Griffin’s report for CNN will be like.

It will undoubtedly be very biased and one-sided, with the vast majority of the interviews featuring members of Amanda Knox’s family and supporters being tossed a number of soft ball questions.

The program will no doubt shamefully try to manipulate the emotions of the viewers, with the seemingly obligatory footage of Edda Mellas crying and numerous images of Amanda Knox as a baby and child. None of this has anything to do with the evidence that led to her unanimous conviction.

And it will babble on ignorantly about Mr Mignini without an ounce of impartial investigation..

Don’t expect to see any images of Amanda Knox that undermine her carefully crafted girl-next-door image. Such as the footage of her kissing Raffaele Sollecito outside the cottage whilst Meredith’s mutilated body was still inside, and such as the CCTV images of Knox laughing and kissing Sollecito in the boutique as if she didn’t have a care in the world.

I have listed below a number of tough questions that Drew Griffin should, but its a very safe bet won’t, ask Amanda Knox’s family. First, a couple of vital context facts.

1. The various alibis

Amanda Knox and Raffaele Sollecito both gave at least three different alibis, all of which have turned out to be false. Nobody has ever provided a plausible innocent explanation for the numerous lies that Knox and Sollecito told before and after 5 November 2007.

Amanda Knox told Filomena that she had already phoned the police. Knox’s mobile phone records proved that this was untrue.

She told the postal police that Meredith always kept her door locked. Filomena strongly disagreed with her, and told the postal police the opposite was true.

And in her email to friends in on 4 November 2007, Amanda Knox says she called Meredith’s phones after speaking to Filomena. Knox’s mobile phone records prove that this was untrue and that she had called Meredith’s phones first.

Question for Knox: Why did Amanda Knox lie to Filomena and the postal police on 2 November 2007 and to her friends in her e-mail on 4 November 2007?

2. Sollecito’s alibi lies

On 5 November 2007, Raffaele Sollecito admitted to the police that he had lied to them and said that Amanda Knox had asked him to lie for her. He claimed that Amanda Knox had left his apartment at around 9.00pm and returned at about 1.00am on the night of the murder.

Question for Knox: Why did Sollecito stop providing Amanda Knox with an alibi and why does he still refuse to corroborate her alibi?

3. Sollecito’s further alibi lies

After admitting he had lied, Sollecito was given another opportunity to tell the police the truth. However, he decided to tell the police even more lies. These lies were exposed by his computer and mobile phone records.

Sollecito claimed that he had spoken to his father at 11pm. Phone records show that there was no telephone conversation at this time. Sollecito’s father called him a couple of hours earlier at 8.40pm.

He claimed that he was surfing the Internet from 11pm to 1am. There was no human interaction on his computer between 9.10am and 5.32am.

He claimed that he had slept until after 10.00am on 2 November 2007. However, he used his computer at 5.32am and played music for about 30 minutes. He turned on his mobile phone at about 6.02am and received three phone calls at 9.24am (248 seconds long) and at 9.30am and at 9.29am (38 seconds long).

4. The DNA on the bra clasp

An abundant amount of Raffaele Sollecito’s DNA was found on Meredith’s bra clasp. His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17.

Question for Knox: Bearing in mind that DNA doesn’t fly, how would you account for the abundant amount of Sollecito’s DNA being on Meredith’s bra clasp?

5. The DNA on the large knife

Amanda Knox’s DNA was found on the handle of the double DNA knife and a number of independent forensic experts - Dr. Patrizia Stefanoni, Dr. Renato Biondo and Professor Francesca Torricelli - categorically stated that Meredith’s DNA was on the blade.

Question for Knox: How would you account for Meredith’s DNA being on the blade of the double DNA knife?

6. The traces of mixed blood

A number of criminal biologists testified at the trial that Amanda Knox’s blood was mixed with Meredith’s blood. Independent DNA expert Luciano Garofano stated that this was undoubtedly the case and even Amanda Knox’s lawyers conceded that her blood was mixed with Meredith’s blood.

Question for Knox: Why was Amanda Knox bleeding on the night of the murder and why was her blood mixed with Meredith’s blood in four different parts of the cottage?

7. Sollecito claims to cut Meredith

Sollecito claimed in his diary that he had accidentally pricked Meredith’s hand whilst cooking.

Question for Knox: Why do you think Sollecito lied about accidentally pricking Meredith’s hand whilst cooking?

8. Sollecito on Filomena’s room

Sollecito told the police that nothing had been stolen from Filomena’s room.

Question for Knox: How did Sollecito know nothing had been stolen from Filomena’s room?

9. Knox accuses Patrick

According to the corroborative testimony of multiple witnesses, including Knox’s interpreter, she voluntarily accused Diya Lumumba of murdering Meredith.

Question for Knox: Why did Amanda Knox voluntarily accuse an innocent man of murder?

10. Knox refusal to recant

She acknowledged that it was her fault that Diya Lumumba was in prison in an intercepted conversation with her mother on 10 November 2007, but she didn’t retract her allegation against Diya Lumumba the whole time he was in prison.

Question for Knox: Why didn’t Amanda Knox recant her false and malicious allegation against Diya Lumumba when he was in prison?

11. Knox at crime scene

Amanda Knox state on four separate occasions that she was at the cottage when Meredith was killed

Question for Knox: Why did Knox repeatedly claim to be there?

12. Knox’s Seattle call

Amanda Knox called her mother at 4.47am Seattle time before Meredith’s body had been discovered.

Question for Knox: Why did she phone her mother when it was in the middle of the night in Seattle and before anything had happened?

13. Knox forgets that call

Knox told her mother and the court that couldn’t remember making this phone call.

Question for Knox: Do you think Amanda Knox can’t genuinely remember phoning her mother at in the middle of the night?

14. Knox involvement

Amanda Knox voluntarily admitted her involvement in Meredith’s murder in her handwritten note to the police on 6 November 2007.

Question for Knox: Why did Amanda Knox voluntarily admit that she was involved in Meredith’s murder?

15. Knox calls Meredith

Knox claimed that when she called Meredith’s Italian phone it “just kept ringing, no answer”. Her mobile phone records show this call lasted just three seconds.

Question for Knox:  Question for Knox: Do you think Amanda Knox made a genuine attempt to contact Meredith on 2 November 2007?


Explaining Why CNN Is So Desperate For A Hit And Quaint Niceties Like “Truth” Be Damned

Posted by Peter Quennell



[Above: Jeffrey Bewkes, the head of CNN’s owner Time Warner, with the actress Hayden Panetierre]


A top-rated night-time show on the American TV frontrunner network CBS will pull in over 10 million viewers.

Fast-tanking CNN is lucky if it pulls in over FIVE PERCENT of that audience on any average day. A typical audience is just over 1/2 a million. Here is the story from last September.

Jonathan Klein, president of CNN’s US network, leaves his post today after a sudden announcement that he has been replaced by Ken Jautz, the head of CNN’s downmarket but more popular sister channel HLN.

Klein’s departure comes after a disastrous year for CNN, as its daily ratings slumped by 36% to an average of 640,000 weekday viewers, putting it in third place behind Fox News and MSNBC among cable news channels.

Fox News averages 2.4m viewers while MSNBC has nearly 850,000. HLN averages around 550,000 on weekdays.

The American stock market knows of this CNN fiasco, and it values all three accordingly. You can see this in the 3-year chart just below - the period shown is about half that.

  • The red curve below is for the US stock market average (the Dow Jones Index and you can see that it GAINED about 10 percent.
  • The green curve below is for Viacom Corp, which is the owner of CBS, and you can see that it GAINED about 50 percent.
  • The blue curve below is for Time Warner, the owner of CNN, and you can see that it LOST about 30 per cent in the same period.

We have no beef with CNN overall. But to try to boost its viewer ratings and stockmarket price with appalling reports on the back of the very sad death of Meredith? That seems to us to be in very sick territory.

Ironically CBS’s owner, Viacom, has seen its impressive recent gains since the CBS network STOPPED airing biased and misleading reports on the case and reacquired some integrity

The Meredith Effect?



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