Friday, December 16, 2011

Breaking News Thursday: Judge Hellmann’s Sentencing Released In Italian; Responses From Italy Follow

Posted by Peter Quennell





Quick summary of main points of the 150 page report by our Italian poster ncountryside below. 

We will have a roundup post on the reporting and takes of the Italian media on Friday and a full translation courtesy of the fluent Italian speakers on PMF in due course.

At first glance our lawyers in three countries are not at all impressed. Any seamless legitimizing is seemingly not obvious to them.

Page 8
Lumumba was arrested following “spontaneous” Knox’s statements.Please note: Court’s quote.

Page 11
The previous report is long even (italian: “ben”) 425 pages.

Page 12
Quintavalle: testimony, however, after one year

Page 27
Guede and sentence of Supreme Court. The sentence is not binding for the Appeal Court mainly because: defendants would be judged on the basis of evidence obtained in their absence during Guede’s trial; Guede’s trial was fast Track (“abbreviato”).

Page 28
Bra clasp, knife, wounds, break-in: examining separately all these facts is strengthened the hypothesis of the presence of an only one person in the house.

Page 30
In page 30 cartwheels are recognized as “gymnastic maneuvers” ( italian: “manovre ginniche”).

Page 30-35
Calunnia. AK accused Lumumba because exhausted by obsessive interrogations without lawyer. She was well aware of accusing an innocent person, so she is guilty but without aggravating circumstances. Anyway her guilt cannot be used as evidence to the murder.

Page 40
Guede surprisingly has never been questioned .... follows the description of the well known hearings ... conclusion: Guede is unreliable also for this trial, in particular during the hearing of 27 June and also his letter. Instead the chat from Germany with his friend Benedetti is considered reliable.

Page 42
Aviello, Alessi, Castelluccio, De Cesare, Trincan. Called by defense are considered unreliable but the prosecution can not exploit them as witnesses against the defendants.

Page 44 and following.
Curatolo. He is a tramp, now held in prison, with a decline of his mental faculties. Unreliable.

Pages 51-55
Quintavalle. One year later.

Pages 56-58
Capezzali. Unreliable
Monacchia. Not clear.
Deamis.Unreliable.

Pages 58-61
Phone calls. For the Court, Bongiorno’s considerations are valid while Massei is wrong, so the time of death is fixed not later than 22,30

Page 64
Murder weapon.The arguments of defense consultants seem more convincing than the prosecution’s.

Page 87
The clue represented by presence of Meredith’s dna on the knife cannot be considered valid/existing

Page 92
Bra clasp. Contaminated before gathering

Page 100
Footprint on the bathmat. Probably belongs to Guede

... Mixed blood ...

Pages 114-123
Staged break-in. Real and not staged.

Pages 123-130
Alibi. Erroneous conclusions drawn by the Court because based on erroneous scientific expertise .

Page 129
The shower. Not implausible

Page 131
Phone call to Meredith at 12.07. Nothing of suspect.

Page 137
Remain; 1) calunnia 2) non completely proved alibi.

Posted by Peter Quennell on 12/16/11 at 04:33 AM in Appeals 2009-2015Hellmann 2011+Hellmann report

Comments

“I returned, and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but time and chance happeneth to them all”
Ecclesiastes, 9:11 KJV

Posted by Ergon on 12/16/11 at 05:22 AM | #

The prosecution will definitely appeal, according to Andrea Vogt:

http://www.theweek.co.uk/world-news/amanda-knox-free/43650/only-one-killer-judge-explains-why-amanda-knox-went-free#ixzz1gcPnLyyq

Posted by Peter Quennell on 12/16/11 at 05:38 AM | #

The Hellman sentencing report in Italian can be downloaded here:  http://truejustice.org/ee/documents/perugia/motivazioni_sentenza_kercher.pdf

Posted by Peter Quennell on 12/16/11 at 05:44 AM | #

Justice must not only be done, it must also appear to be done.

If a video recoding of the crime was available, it would have been thrown away because the photographer’s credibility could not be proved.

Provability is a weaker notion than truth.  There are true statements that cannot be proved and there are false statements that cannot be disproved (Godel’s theorem).

Evidences cannot be discarded just like that; a convincing reasoning is essential.

Posted by chami on 12/16/11 at 08:10 AM | #

Well said Chami.

From what I have read (translated), it is an astonishing piece of denial that leads one to conclude that the judge(s) were directed to ‘make this go away’.

Poor Meredith.

Posted by TruthWillOut on 12/16/11 at 09:27 AM | #

Judge Hellman sounds like a beloved uncle speaking about his adored niece. He has given her (AK) every graciousness and kind consideration you could imagine under the sun.

His poor little darling was doing cartwheels to relieve all the stress she was going through at the COP SHOP while these serious people were doing their jobs. After all there had been a dreadful murder of a beautiful young woman.

None of the witnesses were reliable he says. The investigators got everything wrong and so did the previous trials especially regarding the number of assailants.

Didnt someone predict that the report would not be as long as a roll of toilet paper.Well they were right. Toilet rolls are usually 200 sheets i think.

The judges on this panel sound as if they were really besotted with her . Its sickening.

It was always the Police’s case to lose and they did. Lots of lessons here. Especially when dealing with foreigners. They certainly underestimated her and her family.

I am appalled.

Posted by mason2 on 12/16/11 at 11:01 AM | #

I am impressed with Hellmann saying that Amanda Knox used Yoga to relieve stress. This is exactly what Edda Mellas said to play the matter down.

Posted by Nell on 12/16/11 at 12:23 PM | #

So Helmann appears not to have spent any time in writing up this report. Instead the delay has been in translating it into Italian from whatever garbage the Knoxxii handed him.

Posted by jhansigirl on 12/16/11 at 02:10 PM | #

So Hellman wasted the courts time calling witnesses that he had already prejudged and threw out scientific evidence on say so of people less qualified that the original team.  This appeal verdict is the legal version of sticking your fingers in your ears and singing so as to ignore what is plain for all to see. 

Massei wasn’t perfect by a country mile, the Italian police had more than a touch of the Keystone cops about them but the Hellman verdict does more damage to Italian justice than the previous two because it ignores plain facts.  It choses to ignore blatant evidence of who is responsible for Meredith’s death. 

hope Maresca, Mignini and Comodi have the courage of their convictions and take this all the way to the Supreme Court.  I just hope the Italian Supreme Court have the balls to take on the American press/FOA again.  Because that is what it’s going to boil down to, a final trial by media.  I wasn’t that bothered about the case when I knew Knox and Sollecito were behind bars. Now, I get sicker and sicker every day knowing they are free when Meredith’s poor parents still have their own life sentence to face.

Posted by daisysteiner on 12/16/11 at 03:17 PM | #

Italian judges are respected for their uprightness. They are usually not affected by political pressure and corruption is far less within the judiciary. 

Hellman has no class.

Posted by chami on 12/16/11 at 04:11 PM | #

Wow.

I can only think of the Kercher family, and pray for courage as they continue on their journey for justice for the brutal murder of their family member.

Posted by giustizia on 12/16/11 at 05:11 PM | #

Will anything come of the promised appeals (Mignini’s & the Kercher’s attorney?)

Meanwhile, Barbara Walters finds Amanda to be the “fourth most-fascinating person of 2011.”
Holiness is holiness, I’m sure of that. But to think of ranking one’s fascinations!

The more I consider it, the less hopeful I am of Ultimate Justice from the Court of Cassation.

Rather, it is in Amanda’s own life, within her person & her psyche, that Heaven will carry out its Decree. She has come to terms with nothing, acknowledges no part of her massive guilt.

Her guilt is her cancer, a moral cancer. And the appetite within is unappeased.

Posted by Ernest Werner on 12/16/11 at 05:19 PM | #

Granted, I have only read what has been translated so far and not the whole report but I am absolutely mystified. It was my understanding that the appeals court was to review two pieces of evidence - the knife and the bra clasp - but they appear to have reviewed every single piece of evidence, circumstantial, forensic, witnesses, everything - and just simply have rejected it out of hand.  They do not have to offer any logical reason or, more importantly, some scenario of how one murderer did this. The scenario of one killer is ludicrous. They literally seem to be saying that Guede broke in smashing a window with a one kilo rock (maybe Meredith had earphones on?). Then he would have had to knock her out cold for there to be no evidence of a struggle, and then, preposterously have hanged around taking his shoes on and off, using the toilet, rearranging the body, covering the body and locking the door! Why lock the bedroom door if this is all so casual, why take the cell phones? How would he know no one upstairs or down would e home? This makes no sense to me whatsoever.

My heart goes out to the Kercher family today who have suffered for four years and now this insulting report completely refuting all evidence!

Posted by Dora Maar on 12/16/11 at 06:02 PM | #

It is high time Rudy Guede writes a book.  Why not?

... with liberty and justice for all ... who can afford it.

Posted by chami on 12/16/11 at 10:10 PM | #

Dora,

He also had to go grab Amanda’s lamp from her room and not leave a trace of him doing that.

Posted by Jeff Friend on 12/16/11 at 11:06 PM | #

@ jeffshana you make a very good point which has been ignored. I believe AKs bedside lamp was found under Meredith’s bed. So how did it get there.

Now the break in was for real they say. The Prosecution must be enraged right now.

How Hellman excused the unseemly behaviour of AK and RS immediately after the murder is an affront.The truth is that they were elated and feeling a sense of satisfaction.

Posted by mason2 on 12/17/11 at 09:45 AM | #

UTTERLY, UTTERLY APPALLING!  I am totally aghast.  All the evidence brushed away at the stroke of a pen.  WHY did this ridiculous judge allow himself to be taken in by the FOA?  The Supreme Court HAS to review this outrageous appeal verdict.

Posted by thundering on 12/18/11 at 07:41 PM | #

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