Monday, March 23, 2015

So Is James Moninger The One Moonlighting As Anonymous Spokesman For Dept Of State?

Posted by Ergon

Above: the unfavorable context which persuades Sec of State John Kerry to stick most carefully to the rules

ThIs morning’s report noted an increasing flow of anonymous claims that Knox’s extradition is not in the cards

Also there is a certain sameness in all of the news reports of secret State Department agreements and assurances alleged to save Amanda Knox from extradition. This is a very typical one.

Paul Thompson in The UK Express for Sunday 22 March 2015 2015

US officials: Amanda Knox will never go back to Italian jail

AMANDA KNOX will never be extradited from America, even if an Italian court this week upholds her conviction for the murder of British student Meredith Kercher, according to US sources.

“Lawyers for Knox, 28, are confident she will remain free even if Italy asks for her to be sent back to resume a 28-year jail sentence.

US State Department sources say the uncertainty of the case against Knox means they will not agree to any extradition request.

Knox also has a huge amount of public sympathy in the US where she is seen as a victim of a miscarriage of justice by a foreign court.

A source at the State Department said: “There is a feeling that the whole case is flawed and that a US citizen should not have to go to jail because of that. If there is an extradition request from Italy it will be denied.”

This question, who is the State Department source (Burleigh calls him ‘American diplomat’), came up in my previous post.

  • Former US Ambassador David Thorne?

  • Some low level employee at State or Justice?

  • Completely made up by Anne Bremner and co?

So I reached out to my sources and this is what they told me informally for general background.

They considered it extremely unlikely that Ambassador Thorne or any one in Rome would pass on such assurances to Anne Bremner or even the likes of Nina Burleigh. While they could not confirm whether high level talks had taken place they did point out that John Kerry, as Secretary of State would respond differently now than when he was in the Senate and pointed to his statement “he would do his duty”.

And Italy had a new government and foreign secretary, so the latest news reports seemed entirely made up. State and Justice had been following the case quite closely and they were not going to risk offense to Italy for this case. Not to say they hadn’t been nervous when Knox went back to the US and got such heavy hitters in the media go to bat for her, but, also duly noted that public support for her was really paper thin.

This left either a made up story or some low level civil servant speaking out of turn with personal opinions … we know that The FOA lie, but also, they sometimes seize on a wisp of rumour, or some ‘source’ whose importance they tend to exaggerate.

We know about retired Justice Department lawyer J. Michael Scadron who’s been saying State and DOJ would never allow extradition. There’s even a photo of him at the Vashon Island gathering, in all his fan boy glory.

But then another person showed up on my radar. Take a look.






I’m so tired of debating with the kooks, but when some members asked me to help them out on a closed Facebook Page (275 members)  Amanda Knox and Raffaele Sollecito Roundtable which was run and overrun by FOA I joined to help out.

It turned out one of the admins was a State Department employee called James Moninger who is indeed, a ‘diplomat’, working in some role for State in Hawaii. Consular, maybe.

His Facebook friends are the entirety of the FOA it would seem (see some below), and he is an active member and admin of several other pro Knox groups. Quite the fan boy too, it seems.

He hemmed and hawed about my inclusion but within the course of a few hours I was bounced out of the group twice.  He wrote to me:

Naseer,

“I am writing to confirm that I removed you from the Amanda Knox Roundtable group. This was my decision, and I have advised the other administrators accordingly.

Earlier in the day I received a plea from one of the group members who claimed that you have harassed her in the past and contacted her employer. I have no opinions on this issue, but as site owner I am unwilling to take on a potentially significant liability.

Please don’t feel that this action was in any way predicated on the opinions you expressed in the forum.”

James Moninger

Here is my reply:

Hi, James,

“It’s your group and you’re welcome to do as you wish. That you didn’t give a chance to respond to the (false) allegation is par for the course and no loss for me. As you know, I have far bigger platforms to present my views; it was YOUR group that invited me to participate in the first place.

I already know the source of that slander from other forums and will respond appropriately.

You should also know I’d contacted the State Department previously concerning the Daily Mail and Express articles that “sources in the State Department” have said “Amanda Knox will never be extradited to Italy”.

Imagine my surprise to see you are the owner of this pro-Knox debate site, and membership in several others, which you have every right to. However, since your bio says you are a State Dept. employee, and your rather lengthy list of friends and followers have been actively advocating that Knox would never be extradited, with all sorts of references to internal department sources it is my responsibility to ask for comment:

1. Have you in any way told them the State Department would deny an extradition request?

2. Have you advised the Amanda Knox campaign in any way how to lobby the State Department or how it would respond to an extradition request?

3. Please explain the following comment on the Amanda Knox blog on February 7, 2014 at 20:38.

“Concerns about this case would more appropriately be directed to the US Department of State; not to Congress. There is little or nothing the legislative branch of the government can do to affect treaties that are already in place. (Senate hearings, etc. are not the way the federal process works.) Using profanity with senior members of Congress can never be helpful.

I am hopeful that the State Department is watching this case carefully and is prepared to choose the correct path, whatever that may eventually entail, to protect a US citizen from any further violations of human and legal rights.”

Are you, as a State Department employee, stating that Amanda Knox’s human and legal rights were violated? In a G7 country? Would you like to retract it?

I will be writing my story in 48 hours or so. Please reply at your earliest”.

Naseer Ahmad

He never replied, and it’s been a while though he did agree with someone else who called us “haters” ?

Conclusion: I will end with this. PMf/TJMK member Odysseus wrote to UK Foreign Secretary Philip Hammond, expressing his concerns. He got a reply from the North America Department of the Foreign and Commonwealth Office:

“If the Italian authorities were to make an extradition request to the US Government, we would expect that it would be considered in accordance with US laws.”

Funny sort of a coincidence, but. I sent a list of questions three days ago to the Kerchers through an intermediary. Q. 4 was “Will they call for extradition Amanda Knox if she’s convicted?”

I know they haven’t received it yet, but, in The Sunday Times the Kercher family say Knox must be extradited

Tom Kington Rome

March 23 2015

“Amanda Knox must be extradited from the US if her conviction for murdering Meredith Kercher is upheld by Italy’s supreme court this week, the family of the British student have urged.”

“Meredith’s family hope that the sentence is upheld and the law is carried out to its fullest extent,” said Francesco Maresca, a lawyer representing the family. “If that means extradition for Knox, that’s what they want.”

As always, we are with them on this. Knox needs to serve her time. Zero mistake has been proved - except for hers.


Below: some of the self-important James Moninger’s “friends” on Facebook

Posted on 03/23/15 at 09:04 PM by Ergon. Click screenname for a list of all main posts, at top left.
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Did The State Department Really Offer Assurances To Amanda Knox She Never Would Be Extradited?

Posted by Ergon



US Sec of State Kerry (foreground, on Edward Snowden) really needs extraditions to work

1. The Current Italy/US Extradition Treaty

As repeatedly explained here by posting lawyers the Italy/US treaty is deliberately written to exclude any politics.

If either nation has arrived at a guilty verdict of someone currently in the other nation by following its own laws, then the other nation deliberately has no legal option but to extradite them to serve their term.

So far neither nation has ever refused to do what the treaty says and so far politics has never intervened. That helps both nations in pursuing other extradition cases around the world.

2. Claims By An Anonymous Source

“Will Amanda Knox Be Dragged Back to Italy in Murder Case?” This was by Nina Burleigh in a cover story in Newsweek on March 19, 2015 quoting an anonymous source.

A State Department source tells Newsweek that diplomats in both Italy and the U.S. expect an extradition request to be denied: “I don’t think either Italy or the U.S. wants a major burr under our saddle in terms of relationships between our countries, and this would be that, if the Italians pushed it.” If they do, the source adds, there “is not any way” the U.S. will arrest Knox, nor will it have her declared a fugitive.

The elected Italian government in Rome is separate from the judiciary, and traditionally the two branches do not have warm relations. “I know the Italian government was rolling its eyes” over the prospect of the case reaching this phase, the State Department source says, adding that Rome faces “a real political problem” if the judiciary requests extradition. The American diplomat predicts the Italian court won’t ask to extradite.

It seems that ever since Amanda Knox was wrongfully acquitted by the Hellmann appeals court of Perugia in 2011 we have been inundated with unsourced reports that “the United States would never extradite Amanda Knox.

Going back several years to the Daily Mail, Guardian, The Express and various American media, they all seemed to be reading from the same script:

  • She hadn’t received a fair trial.

  • American public opinion would ‘never allow her to be sent back’.

  • The Secretary of State would quietly prevail upon his counterpart in Italy to not request extradition.

And, as the final appeal of Amanda Knox and Raffaele Sollecito came up to the last stretch it seemed that these same hacks were repeating the same talking points, even though much has changed since 2011.

These were the basic points, reported over and over in the main stream media till it almost seemed like a guarantee. So I have been looking for the last three years to verify the truth of that. And, who made that promise, if any were made? These were the basic parameters of my search, and I had to tune out the background noise of ‘double jeopardy’ and ‘dueling extradition experts’.

Then I had to look for the ‘unnamed source’ quoted in all the news reports.

These possibilities came up: 

  • WA US Senator Maria Cantwell spoke to her colleague Sen. John Kerry of the Senate Foreign Relations Committee who spoke to his brother in law David Thorne, the former US Ambassador to Rome, who passed on a quiet message to the Italian Foreign minister. But would they ever speak on or off the record to reporters or like it very much if it was going to be bruited about?

  • Mid-level Friends Of Amanda Knox like Anne Bremner and Judge Heavey had received vague assurances from Senator Cantwell; somehow extrapolated as iron clad guarantee that Knox would never be extradited, never mind there has not been any precedent I can find that would apply to a similar case like this.

  • Someone in the Department of Justice and/ or State is feeding them shite.

  • The FOA are making it all up. That last was my favourite, given that they are led around by people like Steve Moore, Bruce Fischer, and J. Michael Scadron.


3. My Search For The Truth

This has been an interesting journey, and as always, things seem to just come together at the last moment. It has helped that I have been watching diplomatic activity up-close all my life.

My father was in the Pakistani Foreign Service stationed in London, so, shortly after I was born, lived in the UK from age 0-3, then with the Pakistan Embassy in Tokyo from age 3-8. We were a cosmopolitan group of embassy brats going to St. Mary’s International School. My friends were American, Iranian, Turk, Indian, East German, Canadian, New Zealand, points all over. Their parents were all diplomats and I made lifelong friends. My father could have received a posting as assistant to the ambassador to Washington D.C. after that but fate prevailed as he’d been stationed out 8 years and had to be rotated back to Pakistan.

Since that time I kept in touch with my friends and also developed this passion for International Relations and Geopolitics. Travelling to the US and other countries but also meeting over the internet, made many more friends at various levels of the State Department. Saw the changes there as respected career diplomats got replaced by interest groups and major donors to political parties. Such only went to choice postings, of course, but not second or third world countries, so I had many interesting discussions with them over the years.

The Wikileaks cables were a revelation as Embassy intercepts showed the thousand different ways diplomacy led to but also tried to prevent, war. I’d been reading them ever since they first came out so started searching for links to secret discussions with Amb. Thorne. Couldn’t find anything except what already was reported, so reporter Andrea Vogt’s FOI request find was a goldmine:

NEWLY RELEASED EMBASSY CABLES SHED LIGHT ON STATE DEPT HANDLING OF AMANDA KNOX CASE

By Andrea Vogt

FEBRUARY 13 “Newly released state department documents show the U.S. Embassy in Rome declared the Amanda Knox matter “Case Closed” in a cable to Washington just days after the American’s clamorous 2011 acquittal.  The memo reveals wishful thinking on the part of some U.S. diplomats, who were only too eager to see the thorny case come to a clean close.”

In Update March 23, 2015 posted today, Andrea Vogt says this:

In a 2011 Italian embassy cable released as part of several Freedom of Information Act requests I’ve filed on this case (first published Oct 11, 2011) [US] diplomats in Italy mistakenly thought Knox’s acquittal in 2011 would bring to a close this complex and divisive international case. Italy’s Court of Cassation would prove them wrong, overturning her Perugia acquittal and ordering a second appeal in a different venue (Florence) which ended last year with a guilty verdict.

So is a political fix being attempted or already in? See my Conclusion, Part II to be posted tonight.

Posted on 03/23/15 at 05:08 AM by Ergon. Click screenname for a list of all main posts, at top left.
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Sunday, March 22, 2015

Rogue Juror Genny Ballerini, Translated: She Misled, Oggi Misled More, UK Media Misled Even More

Posted by Peter Quennell




1. Interpretations Of The Interview

In reading the translation by Miriram these points may be worth bearing in mind. They are largely based on advice from Yummi in Italy.

Genny Ballerini comes across to Italians as someone not especially educated who is more than a bit lost on the law and the case. She herself admits she may be naive and had not followed Meredith’s case. She was surprised to end up on the jury for Knox’s and Sollecito’s “trial”. She voices no concern for Meredith or her family.

A former factory worker, she had been unemployed for some months, and she appreciated the small fee the court paid her for jury duty and apparently also a fee that Oggi paid her for the interview. She had to be persuaded by Oggi to do the interview, and she seems unaware that it may have been illegal.

The lead judge and side judge, the professionals, remained neutral and impartial and promoted no particular outcome. There were no arguments among the jury. She seems to be drawn toward Sollecito without any very logical reason. (Hmmm. Sollecito had addressed her and the others directly and he was standing right in front of her looking at her.)

She repeatedly refers to a “trial” and to previous “trials” for example “when the trial started” and “I formed my beliefs studying the three files of the previous trials. Not only. During the trial I kept a diary for every hearing”. She never once uses the word for “appeal” or wonders why there were no prosecution exhibits and witnesses.

The Oggi headline is misleading. Almost of her doubts are described in the past tense and she admits she voiced them to the other jurors early in the “trial” because things were not clear to her. She had folders of evidence to poke though; these may have related only to the appeal points the defenses had filed.

At one point she says “we discussed to reach an agreement” and at another point she says she voted against the verdict. It is not clear in what order, and she may finally have joined in a total consensus. She seems to connect the punishment to the supposed amount of evidence rather than the barbaric nature of the attack.

Please see Part 3 below for how the UK media has managed to report this even more confusingly.

2. The New Translation By Miriam

Miriam has carefully translated the original interview in Oggi for us.

“Not Enough Evidence For Such A Heavy Sentence”

On January 30th of last year, the appeal Court of Florence sentenced Amanda Knox to 28 years and 6 months of imprisonment and Raffaele Sollecito to 25 years for the murder of Meredith Kercher. 12 hours of deliberation were needed for the eight judges - two professional judges (the President Alessandro Nencini and Doctor Liliana Cicerchia)  and six Lay Judges - to wrap up that decision.  Among the lay judges was Genny Ballarini, a 48 year old,  worker from Prato. After long negotiations and courteous refusals, on the eve of the decision by Corte di Cassazione, she accepted to speak to Oggi.

Twelve hours, half a day: a lifetime for who judges and for who is judged. Without entering into detail, as not to violate the secrets of the “camera del consiglio”, what can you tell us?

We went through all the documents, drew the conclusions, in order to arrive at an agreement.

And then?

I certainly had many doubts about the guilt of the two young people. I wasn’t an upholder the defendant’s innocence, but I thought and said to the others: “The evidence we have is not enough to inflict all these years of prison. Where is the evidence to send them to prison? Maybe I was naïve, but before pronouncing such a heavy sentence I wanted to see clearly. There was not enough, according to me, to justify a such a heavy sentence: questionable proof, odd testimony and uncertain evidence”. 

And of the motive, what ideas did you arrive at?

“That of the inadequate cleaning of the house? Nonsense. You do not massacre a girl because she complained about a bit of a smell in the bathroom. Anyway, at the end of every hearing we would sit down and discuss, we would reconstruct the facts on the basis of the timing, the cell phones, the statements of the accused that indicated how Amanda and Raffaele could be at the scene of the crime. I would ask “ But is it enough to convict them?” Against Raffaele, beyond the hypothesis, remained the discussed trace on Meredith’s bra clasp. How could you not have doubts? “What was the motive that could have pushed Raffaele to participate in the massacre of that poor girl”?  I asked.

The prosecutor in the first trial described Sollecito as “depraved”, putting him inside of the erotic game ending in a tragedy and he was depraved, argued the prosecutor, because he was a fanatic of Manga, the Japanese comics that mix eroticism and violence. 

“But if he is a murderer you need to prove it!” I noted. “It is not enough to read comics or watch cartoons. And then it was the same prosecutors that reminded that Amanda was not a tranquil young lady because she once received a fine for nocturnal racket. It seemed to be, excuse me, more nonsense”.

One of the controversial points is that in that small room in which Meredith was murdered, there was not even one trace of Knox. How do you explain that?

“They claimed that Knox had removed her traces by cleaning. Who knows! Today when I think about it again I have even more doubts”, she said. When the trial started the atmosphere in the “camera del consiglio” was accusatory. Maybe I am naïve, but I had doubts. I thought: what we have in our hands it’s not enough to send them to prison for all those years.  May be Amanda was there, but she didn’t participate. I listened to Raffaele and he seem to me a fine young man, he seemed to me sincere… At the beginning I had no opinion: I have never liked crime news and I had read just a bit on the case. I formed my beliefs studying the three files of the previous trials. Not only. During the trial I kept a diary for every hearing. I wrote down everything that was happening and at the end I would add my impressions.

How did you interact with the Court’s President?

He and the side Judge did not express an opinion till the end. During all those months I never managed to understand what they thought about the case.

So they did not influenced the Lay Judges?

Absolutely not. They would explain only the things that we could not understand. I understood what they thought only when the verdict was decided, but my doubts remained. At a certain point, I stressed that Rudy Guede left on the crime scene more traces than Raffaele and Amanda and yet he was given 16 years instead of 25. They explained to me that he was judged through a fast track trial, that provides a reduction of the sentence. 

And what do you think of Guede?

I think that he gave three different versions of the facts and he never said that Amanda and Raffaele were with him. How can you take into consideration Rudy to establish the guilt of the other two?

What did you think when the verdict was decided?

Right away I said that I did not agree and it was noted. On the increasing on the sentence even other Lay Judges did not agree, but it was explained to us that it could not be any different.

Did you ever fight among yourselves?

No, never.

You said that you do not like crime news and the speculations on blood related crimes? Why than did you accept to became part of the Lay Judges of a trial so complicated and a such media driven event?

I was drawn. I could only refuse only for health reasons. I accepted even for economic reasons since at that time I was on unemployment check. On the other hand they had told me that in that session, from July to September, usually the “Corte d’Assise” has scheduled trials of less importance. I would have never imagined that we were going to end up with Meredith’s murder.

You implied to economic reasons. You worked seven months from July to January with burdensome hearings. How much did you received?   

In all 1.500 Euro: 200 Euro a month! I received them from the Department of Justice seven months after the conclusion of the trial. Not much, but needed: I spent them for a sensitive surgery.

3. How The UK Press Reported This

The Mirror and Daily Mail cherrypick the most sensational claims, make them sound current rather than nearly 18 months old,  and dont publish the whole interview.

In effect they leave out almost all of the context in Par 1 above, dont explain why Italians are unmoved, and omit the essential point that this was NOT a new trial and the jury did NOT hear the case presented in depth with exhibits and witnesses as the trial jury did.

Posted on 03/22/15 at 05:38 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Friday, March 20, 2015

Rogue Juror Genny Ballerini: A Sign Oggi Sees Its Conviction For Parroting Knox As Inevitable?

Posted by Peter Quennell



Umberto Brindani, the editor of the weekly Italian magazine Oggi

1. Explaining The Broad Context

A rogue juror has mischaracterized the outcome of the Nencini appeal in Oggi.

Very odd, as the consequence of this very unusual action is that she could be charged with vilipendio, with an illegal action to poison public opinion to lean upon a court process to affect its outcome. To help explain what may be going on here, think of Italy as two factions.

  • A very large faction which is comparatively very law-abiding and very forgiving and which greatly admires Italian law enforcement and judges and prosecutors.

  • A relatively tiny faction consisting of such unsavory elements as corrupt politicians and businessmen, the mafias, rogue masons, satanists (yes there are some) and others who, by any means fair or foul, seek unfair breaks for themselves and their associates.

The Perugia courts, being close to Rome, and the Florence courts, being very large and very competently staffed, have particular roles in matters of national-level justice. Anyone who manages to throw sand in the wheels of those court systems may have won one for some in the small and unsavory faction at the cost of the very large pro-justice faction.

MP Rocco Girlanda is a great example of how this works. The member from Gubbio once of Berlusconi’s party used his parliamentary privilege to “check Knox’s conditions” in Capanne dozens of times. Apparently even the Knox-Mellases found Girlanda’s advances pretty creepy, and someone from the family is said to have headed for Italy in a hurry.

Girlanda not only wrote a creepy book about Knox and took a creepy position on panels of the Italian-American Society in Rome which he once headed. He also tried to monkey with Meredith’s case by petitioning the President, and by attempting to reduce the national Department Of Justice budget. But some of his closest political colleagues from Gubbio are on trial now and may entangle him, and see Andrea Vogt’s tweet the other day that Florence prosecutors are investigating Girlanda, for corruption at a national level.

The Sollecitos also incline toward murky incitement outside the courtroom. Think of the bag of cash the witness Aviello said was offered. Think of conversations caught on tape discussing the capturing of politicians who might lean on the Perugia justice officials. For this Vanessa lost her job and the Sollecitos may still face charges.

The Sollecitos seem to have made a beeline in 2008 for Giulia Bongiorno, a longtime defender of some of those in the smaller faction, for her political clout, although some of her actions in handling the case, such as shrieking at Judge Nencini with a knife in her hand (the same judge who will execute Cassations decisions) seem daft in the extreme.

The Sollecitos may - may - now be a party to some strange media developments in Italy, such as the fawning Porta a Porta show of a few days ago. 

2. The Court Pressure Oggi Faces

The editor of Oggi Umberto Brindani seems to take malicious glee in Oggi’s reports to its weekly readership that put Italian justice in a bad light, perhaps to bring Italian justice down a peg and win one for some in the small faction.

Now although no other Italian media would risk repeating in Italian the lurid conspiracy theories of the Knox PR in English in the United States, Oggi did choose to go there - and was slapped with charges as a result.

Our posts here and here explain how Brindani’s taunting has bitten him in the tail. Oggi quoted defamatory and inaccurate claims from Knox’s book which are a magnet for diffamazione and vilipendio charges, as Brindani found out.

If Brindani goes down against the Bergamo prosecutor for this, as seem inevitable, both the Oggi house of cards and the Knox-Mellas-Sollecito house of cards are put at risk. Oggi may face fines and civil damages for a lot of Euros. More especially, Oggi’s credibility and future would take a knock.

3. Enter The Rogue Juror

This Daily Mail report is in fact 100% quoting the latest edition of Oggi. (Gee, thanks, Daily Mail; for obvious reasons Oggi try hard never to put their own scurrilous stories online.)

Essentially Genny Ballerini is complaining that it was an unfair “trial” and she didnt see a case being made or a motive explained.

On the face of it, this makes absolutely zero sense.

What happened in Florence just over a year ago was an APPEAL by RS and AK, not a new trial, and it was tightly focused on a couple of points the defenses wanted to quibble about (unsuccessfully, as it happened).

The prosecution presented next to nothing of its own case as already presented in great detail in 2009. There were no similar summations, no recreations of the attack on Meredith, no witnesses of its own examined in court, and almost no exhibits.

And guess what? Genny Ballerini didnt even set eyes on Amanda Knox or Rudy Guede!!

Working under strict instructions from Cassation, Judge Nencini guided his lay judges to examine and vote on ONLY the points the defense had tried to prove to their advantage.  They all knew, or should have known, even this rogue juror Genny Ballerini, that any attempt to act as a second trial jury on the lines of the Hellmann appeal jury would be illegal, and was not why they were sitting there.

Unless she is seriously daffy the surprise surfacing of Genny Ballerini in Oggi of all places only makes sense in the light of what Part 1 above explained. Genny Ballerini seems to be being used to muddy the waters to the hoped-for advantage of some in the smaller faction. 

4. The Guts Of Ballerini’s Claims  

Our main poster Chimera checked out Genny Ballerini’s individual claims, and at that level also shows that Genny Ballerini is either out to lunch or working as a tool for Oggi and by extension some in the small faction.

(1) The juror did not ‘‘help convict’’ Knox/Sollecito at the 2013/2014 Florence appeal.  The court merely confirmed the trial verdict of Giancarlo Massei (2009).

(2) ‘‘She slams the prosecution’s case, citing questionable proof, flimsy evidence, and bizarre testimony’‘.  This was only a defence appeal, which is a HUGE detail to omit.

When the defense files an appeal, essentially they are saying there is something wrong with the prosecution’s case as presented back at trial.  The prosecution PROVED their case, they don’t have to again.  So yes, the burden is on the defense.

If she does not know this (and these comments may be deliberately misquoted), then Ms. Ballerini doesn’t understand the purpose of an appeal or her role in it.

(3) Knox was 20 at the time of the murder, not 19.

(4) The article says they served 4 years before being freed on appeal, but it leaves out the fact that they had been convicted at trial.  While technically correct, it implies something that is not the case.

(5) The article says that Knox rebuilt her life finding love with Colin Sutherland, and working as a journalist.  While true, they were only recent developments (late 2014).  Knox had been released 3 years prior to that.

(6) The appeal court reinstated the guilty verdict?  Wrong.  Again, the March 2013 Cassation ruling annulled Hellmann’s ruling, but it left Massei’s trial conviction intact. The appeal court actually confirmed it.

In other words, AK and RS weren’t forced back to Florence for a new trial.  They themselves chose to redo their own appeal, rather than accept the 26 and 25 year sentences.  Big difference.

(7) ‘‘The evidence is not there to inflict all these years in prison’‘?  Frightening, if she actually made these statements.  The appeals court is ONLY to look at errors, not to retry the case.  Did she not read her job description?

(8) Ms. Ballerini says of Sollecito: What possible motive could he have for participating in that murder? 

A better question would be: why he did refuse Judge Nencini’s invitation to testify?  Come on, he just did a freaking book tour.  And Ms. Ballerini was there in court ... did she not have an urge to ask him questions?

(9) ‘‘She insisted that the 2 professional judges had not tried to sway the jury.’’  Can you think of why that may have done so? Perhaps back in late 2011?

Part of me thinks this story is a plant, her words and conclusions sound almost verbatim from the FOAK crap that has been coming out for years.

If it is true (a big if) it is frightening that someone so limited could be on a appeal jury.  Either she does not understand the purpose of an appeal, or she is being used as a sockpuppet.


5. Present Conclusions

This aint over. Investigators will already be checking out Genny Ballerini to see what makes her tick and decide if she should face charges. We will keep you posted.


Genny Ballerini is the lay-judge on the left

Posted on 03/20/15 at 12:14 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Thursday, March 19, 2015

Rare Case Where Extradition To Italy Was Refused Has Been Reversed By Brazil

Posted by Peter Quennell



The World Court in the Hague in the Netherlands which Italy used as a threat


This case shows how a remorseless Italy perseveres, and how it may involve the World Court.

This is the Cesare Battisti case (see his image below) which goes back to the early Berlusconi governments and beyond. It is not clear whether the Renzi government has been pressing Brazil hard but Battisti is very likely one day to be back in the land of his birth. And meanwhile he will remain locked up.

This is from a CNN report describing the status as of mid June 2009.

Battisti was a member of the Armed Proletarians for Communism, or PAC, guerrilla group in Italy.

He is alleged to have participated in a number of crimes, which led to his incarceration. He escaped from an Italian prison in 1981 and was granted asylum in France during the presidency of Francois Mitterrand…

In 1998, Battisti was tried and convicted in absentia of the four killings. For several years, France and Italy were embroiled in diplomatic spats over extradition requests.

Battisti later fled to Mexico, where he continued his work as a writer of thriller novels, and subsequently to Brazil. In Brazil, his fate was oftentimes unclear.

In January 2009, the Brazilian Supreme Tribunal granted refugee status to Battisti. But later it reversed course and supported extradition, giving then-President Lula the final say.

“Italy may not like it, but will have to respect it,” Lula said at the time. “This person is being accused of a crime which took place in 1978, and his accuser no longer exists to prove the veracity of the facts.”

Lula sided with the Italian’s claims that the conviction against him was politically motivated, and in the last days of his administration rejected the extradition. Italy protested.

Brazil gave Battisti a status just one step short of citizenship. The Berlusconi government then threatened to take the case to the International Court of Justice in The Hague (the World Court). Quite a threat.

That is something the Italian government could theoretically also do if there is a protracted wrangle over Knox. It may or may not have been one factor in what Brazil did next.

The Associated Press reports. This is from last week.

Brazil’s federal police on Thursday arrested former Italian communist militant Cesare Battisti on a judge’s deportation order.

The arrest comes despite former President Luiz Inacio Lula da Silva in 2010 rejecting Italy’s extradition request for Battisti, who is a fugitive from Italian murder convictions. Silva granted him asylum and had the Supreme Court approve that decision three years later.

However, also in 2013, the top federal appeals court rejected Battisti’s request to overturn a Brazilian conviction for using fake immigration stamps in his passport when he entered Brazil in 2004.

Federal prosecutors used that decision to seek Battisti’s deportation, arguing he had violated Brazil’s Foreigner’s Law, which prohibits foreigners convicted of a felony in another country from receiving residency.

Earlier this month, a federal judge ruled in favor of the prosecutor’s motion, which led to his arrest Thursday. He was being held in Sao Paulo….

There are several layers of appeals that Battisti can make, and it’s expected to take years before his case again reaches the Supreme Court for a new ruling….

We’ve noted before that if countries want dangerous perps back, there are certain ways to apply pressure direct. For example, Interpol Red, notices and also this.


Posted on 03/19/15 at 12:58 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Appeals 2009-2015Knox extraditionAll the nefarious hoaxesOther legal processesKnox extraditionOthers elsewhere
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Monday, March 16, 2015

Probable Final Cassation Ruling In 10 Days: Likely Scenario For The Immediate Future

Posted by The TJMK Main Posters



Italian Justice Minister Andrea Orlando with Prime Minister Matteo Renzi


We reported previously that Prime Minister Renzi, the former mayor of Florence, has great trust in the court system there.

Cassation is expected to rule on Knox’s and Sollecito’s separate appeals against the Florence outcome (in which they yet again not-too-subtly edge one another between themselves and the flames) on Wednesday or Thursday of next week.

We have something of a consensus here upon what happens then and thereafter, with main inputs here from Italian watchers Popper and Yummi.

1. Cassazione will probably merely announce that the affirmation of conviction by the Nencini appeal court is legitimate from the point of view of Italian law and there will be nothing significant said on the merits of the case.

2. In final appeals Supreme Court justices simply confirm a sentence or not based exclusively on law points. The Cassazione motivation reports due within three months are not too important as they cannot be appealed anyway. A report may not be needed for extradition, the Massei + Nencini sentencing reports could be explanatory and legally correct enough in this case.

3. The execution of this decision would then be over to the Florence courts. If the Nencini confirmation of verdict and sentence is affirmed it will probably then be over to Prosecutor Crini and Judge Nencini, and an arrest warrant for Sollecito would be immediate.

4. There is a slight chance, perhaps 5% to 10%, that Sollecito might try to escape, as he seemed set on doing when he made it to the border on the same day as Judge Nencini’s 2014 ruling. On Italian TV he has been sounding very aggrieved with Amanda while not really winding back the strong case against himself. He lacks his passport and probably the secret stash of money to stay on the run indefinitely.

5. An arrest warrant for Knox, the other defendant, would normally be issued as soon as possible. If she is still located in the US she could be rapidly arrested and put in a holding cell. Based on other examples it is possible that her physical return to Italy could take as long as nine months, though the treaty promotes a fast-track meaning not upward of three months.

6. There is normally 45 days for the extradition papers/request from Dr Andrea Orlando, the Italian Minister of Justice, to be handed over by the Italian Embassy in Washington DC to the State Department, though there is allowance for that request time to be extended.

7. The evidence of course really is overwhelming and no single proof of foul play has ever been proven. Italian justice officials have relevant information they could share privately, such as the corruption of the Hellmann appeal alleged by Judge Chiari, Prosecutor Comodi and others, and such as Knox’s unsavory drug record which is normally a big no-no for the State Department. 

8. Comments made by the host and a magistrate on Italy’s Porta a Porta show last week suggests vagueness on the part of the Italian media and public about the Italy/United States extradition treaty. This treaty, which has always been faithfully observed previously by both countries, with no exceptions, is stark and minimalist and focuses on the paperwork and whether the national law was followed, as explained by lawyers James Raper and TomM. 

9. Assuming their final conviction, Sollecito’s arrest and return to prison will drive Italian public opinion, dormant for years but stirring as the Porta a Porta show suggested, to demand a quick extradition of Knox, who was the flatmate of Meredith the victim and without whom no murder would have taken place.

10. Probably very unlikely, but if there is sustained political resistance despite American media finally getting the facts right, the powers demanding extradition will build up immense pressure, and it will be world-wide pressure from the point of view of the US, not just Italy. All countries will be watching to see how the US behaves, and if their treaties are reliable or not.

The US relies heavily on the Italian government, which is currently a very strong one, on many other matters, and it has other extradition cases worldwide in motion or anticipated (think Snowden in Moscow) so it will be almost certainly be faithful to legality and precedent.

Knox smeared prison authorities in her book and directly caused the imprisonment of a drug-dealer which might be reasons she fears going back. Conceivably a negotiated outcome could result in Knox serving the rest of her time in an American prison to get round this. American prison? This would be nice for her family, but probably a lot less nice for Knox herself.

Knox has long been the pawn of an ugly family and bunch of parasites. Dont totally rule out her simply hopping on a plane to pay her dues and get away from them.


Friday, March 13, 2015

Knox Lies: Adding A Dozen More To The Several Hundred Knox Wont Yet Retract

Posted by Chimera



Knox during a pause in questioning at trial; her answers destroyed many Italians’ trust

1. State Of Play On The Questions Front

Sollecito and his father Francesco actually take questions without 99% of them being agreed-on in advance. 

They evade a lot and lose a little but they also gain some points, unlike a seemingly terrified Knox and a seemingly terrified PR who now seem stuck in tongue-tied and consistently-losing modes.

In Italy last night on the much-watched crime show Porta a Porta Francesco Sollecito had to go along with the official reconstruction of the prolonged pack attack on Meredith which rules out any lone wolf though he again maintained that Raffaele was not there.

Not by any means does TJMK give Sollecito a pass. He WAS there at the attack, the evidence is very strong. And we do have many dozens of pending questions waiting for him to respond.

But the truly evasive one is Amanda Knox. Previously helped by the fawning arm of the American press.

2. Pending Questions We Have Already Asked

These are ordered chronologically with the first questions, by Kermit in mid trial in 2009,  at the bottom of the list.

Click here for: Questions For Knox: Ted Simon Gone? With Legal And Financial Woes Will The Other Paid Help Stay

Click here for: Questions For Knox: Why Does Book Smear Others On Drug Use, Mischaracterize Your Own?

Click here for: Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?

Click here for: Questions For Knox: How Do You Explain That Numerous Psychologists Now Observe You Skeptically?

Click here for: Questions For Knox: Ten Hard Questions That Knox Should Be Asked Monday On ITV’s Daybreak

Click here for: Questions For Knox: Why So Many False Claims In Accounts Of Your Visit To The House?

Click here for: Questions For Knox: Why The Huge Lie About Your ZERO Academic Intentions In Europe?

Click here for: Questions For Knox: Do You Think “False Memories Kassin” Framing Italians Yet Again Will Help?

Click here for: Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?

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

Click here for: Questions For Sollecito And Knox and Enablers: Several Hundred On The Hard Evidence

Click here for: Questions For Knox: The Questions That Drew Griffin On CNN Tonight SHOULD Have Asked

Click here for: Questions For AK And RS From Barbie Nadeau As Knox Slander Trial Starts

Click here for: Questions For Knox: (Powerpoints #11) 150 Hard Questions That You Incessantly Avoid

3. My Own Dozen Questions More

I have mentioned before my belief that Meredith Kercher’s attack and possibly death was premeditated, at least on the part of Amanda Knox.  Raffaele Sollecito, and Rudy Guede, while accomplices, and also liable, did not plan this out.

Below is my own list of a dozen more hard questions Knox should be asked. This post focuses on questions that point towards forethought and premeditation.  And no, crying, having a fit, and refusing to answer just won’t do it.  An open challenge to not answer in a Hellmann-court-type wail.

1. Keeping the ‘‘See you later’’ Text to Patrick

You kept the message that you sent to Lumumba, which you wrote in Italian.  The literal translation from English implies that you actually intend to meet, rather than the English one that means a parting of ways.  As a language student, this common expression was likely one of the first things you learned, if you didn’t know already.

At your voluntary questioning, of November 5th/6th, you give that message to the police, and claim it as proof that you left Raffaele’s apartment to meet him.  The police didn’t force this knowledge from you, rather you volunteered it after Raffaele withdrew your alibi.  Patrick was falsely arrested, due entirely to your statements, and that message.

I considered, and rejected the idea that you might have kept the message in case Patrick might have wondered why you didn’t show.  If that were the case, you would have kept his message not to come in, and not your response.

Here is the 2009 trial video, the relevant part starts at about the 7:30 mark.  At the 10:30 mark, she talks about the message. At 12:15, she says she doesn’t know how to delete sent messages.

Question for Knox: Why did you keep Patrick’s message, if not to use later as a backup plan?

2. The Lack of Videotaping for the ‘‘Interrogation’‘

You and your supporters in the U.S. frequently complain that your November 5th/6th ‘‘interrogation’’ was never recorded.  You claim that if there was such a record, it would corroborate your claims, and prove you were beaten/smacked around/tortured.  A video would go both ways: it could either prove police brutality and misconduct, or it could definitively prove a suspect or witness was lying.

Until that night, you claim nearly 50 hours of interrogation (see December 2013 email to Judge Nencini), yet none of it was recorded.  Odd, if you were the suspect all along.  Witness summaries routinely are not, but suspect interrogations almost always are, if only to cover the police officer’(s) butt(s).

That night, when you said you witnessed a crime you did not report (Patrick attacking Meredith), your legal status changed from a witness to a possible suspect.  You were given a miranda warning, but still continued to talk.

At this point with your new status, the police would have wanted to videotape or audio record any questionings.  And if they had, any claims of the ‘‘police beat me’’ would have been very easy to refute.  So, by staying away from the camera, it actually creates at least a bit of ambiguity, and gives some wiggle room, should you decide to make complaints later.  It turns an open-and-shut matter into your-word-against-theirs where you lose.

Question for Knox: Did the police ever ask to videotape any of your ‘‘questionings’‘?  And if so, why did you refuse?

3. Transporting Raffaele’s Knife to Your Apartment

You and Raffaele were charged in addition to murder and sexual assault, with transport of a weapon, namely, a knife to your apartment and back.  Despite all the denials of your lawyers, it had Meredith’s DNA on the blade, and your DNA on the hilt (the infamous ‘‘double DNA knife’‘).  Most spontaneous violent crimes involve objects in the immediate area, such as the room, whereas this knife was taken from another location and brought to the crime scene.  Frankly, it reeks of pre-planning.

I considered, and rejected the argument of needing protection.  Knox never claimed she felt unsafe walking around Perugia, heck she sleeps with random people there.  If she did feel afraid at times, many women just clench keys in their fists, for something like that.

Even more disturbing, (as you admit you are a CSI fan) the knife was brought back to Raffaele’s apartment, cleaned with bleach, and put back.  Had the bleach actually destroyed all the DNA—it tends to miss DNA in cracks and grooves—it would have implicated Raffaele only, being his knife, and would not implicate you.  Rather than throw it away, like a ‘‘smart’’ killer would do, it is put back, where it is fairly easy to be found.

Question for Knox: Why did you bring the knife from Raffaele’s apartment, if not to use against someone?

Question for Knox: Why was the knife returned to Raffaele’s kitchen?  Were you hoping (as a fallback), that it might lead to him alone?

4. The Staged Break-In

You finally admitted, after long denying, that you staged an April Fool’s Day prank on April 1st, 2007, by simulating a burglary against a housemate.  You found it funny, while others found it disturbing.  However, in order to do such a prank, you needed to think in advance about how you wanted things to look. In short, this had to be planned out.

Well, the November 1st ‘‘break-in’’ at your apartment when Meredith was killed, was ruled by the courts to be a staged burglary.  There are just too many holes in your story, and in the crime scene, to believe it was legitimate.

But what is not clear, is whether the killers staged the burglary as a panicked response to Meredith’s death, or whether some of the details were worked out ahead of time.  And you had, as a prank, done this before.

I considered, and rejected the claim that it was a real burglary.  However, Judges Micheli, Massei, Nencini and the Court of Cassation disagree, and they can summarize it better.

Question for Knox: Did you think of simulating a break in at your home BEFORE or AFTER Meredith was murdered?

5. Rudy Guede’s Involvement

FoAK has long smeared Guede as a drifter, drug dealer, orphan, burglar, and many other things.  There was one bit of truth there: Guede had broken into at least one place, prior to Meredith’s death, although he had not been charged at the time.  He recently got his jail time extended though, as a result of this.

Interestingly, while you claim to not know Guede, your book seems to include a lot of detail about him.  You knew he was interested you.  You say he had done a break in, and you had staged a break in.  You allege his was done in Perugia, while your prank was far away, in Seattle, where no police were involved.  And let’s be frank: men say dumb things to impress women.  What an interesting person to bring along.

Question for Knox: Did you know about Guede’s prior break in BEFORE or AFTER Meredith was murdered?

6. Turning Off the Cellphones (you and Raffaele)

It is now common knowledge that most cellphones contain GPS that can track the movement of a user.  Police know this, and can often track suspects’ movements this way.  Smart people looking to avoid police attention have figured this out, and can turn their cell phones off (or leave them at home), to make their movements more ‘‘anonymous’‘.

Even smarter police have now figured out that people know, and can now find out if turning off phones is routine, or just a one time thing.  Jodi Arias was caught out this way.  Thomasdinh (Dinh) Bowman was caught out this way. See this.

You and Raffaele had never turned off your cellphones, but chose to (and together) the evening before Meredith was killed.

You gave multiple excuses. (1) Sollecito says in his book it was so you could fool around undisturbed.  (2) You say in your book it was so you wouldn’t receive a message from Patrick if he changed his mind and wanted you to work.  (3) You said in your December 2007 questioning with Mignini that it was done to preserve the charge in your phone.  (4) At trial, your lawyers disputed that the phones were shut off?

Question for Knox: Why did you and Raffele turn off your phones the night Meredith died, if not to cover your movements?

7. Ditching Meredith’s Phones

Meredith’s phones, both her English and Italian phones, were found well away from the home.  While it is normal to have a cell phone, very few people have more than one, and other than a friend, family member, or roommate, who would know this?  Meredith’s attackers took them both, and rather try to sell them or use them, dumped them.

Police have speculated that this was done to divert attention, and to give out false leads.  However, this amount of thought in a ‘‘hurried and rushed’’ crime seems very much out of place.  The unexpected consequence is that it helped narrow the focus.

I considered, and rejected the idea that they were part of an actual robbery.  A killer who seems to know so much about evidence, and about cell phone evidence, would take them, knowing the GPS would help track his movements.  Really, what smart killer would take a mobile ‘‘ankle bracelet’’ with him?

Question for Knox: Why did you take Meredith’s phones, if not to throw off the police investigation?

8. Keeping Frederico Martini’s Number in Your Phone

It is now well known, even if not reported at the time, that Frederico Martini (a.k.a. the ‘‘Cristiano’’ in your book), was a drug dealer you met on the train to Perugia.  You ditched your sister, Deanna, to be with him.  And since then, he had been supplying you with free drugs in return for sex.

It is also well known that you gave Frederico’s number to police, probably trying to divert attention from yourself once again, and that he ended up serving time for drug dealing.

You have enough sense to turn your cell phone off prior to phones (see sections 1, 6, and 7), so you clearly knew that phones can provide serious evidence against you.  If you truly were worried about the police searching your phone, you could have deleted his number, changed a digit or 2, changed the name, or otherwise hidden that information.

The police weren’t concerned with drugs, only with catching a killer. 

Question for Knox: Why did you keep Freddy’s number, and then give it to police, other than just another diversion tactic?

9. The Lamp From Your Room on Meredith’s Floor

The lamp from your room, the only source of light in your room, was found on the floor in Meredith’s room.  This would seem odd, as Meredith had two lamps of her own, and your room would be left dark.  Police have speculated that the lamp was used during the clean-up, and then forgotten.

This demonstrates a lot of control, as rather than grabbing an available lamp from Meredith’s room (if it were needed for cleanup), the killers would have moved outside the bedroom, grabbed a lamp from another room and brought it back.

It further demonstrates control, as there was no bloody footprints into your room.  Therefore, the killer must have cleaned his or her feet, then gone into your room to grab the lamp.  And that lamp was found wiped off prints, so whoever took it had the foresight to make sure their own weren’t on it, but had Meredith’s lamp been used, finding it wiped clean would have been a dead give away.

All of this smacks of planning, and had the lamp not been forgotten in the locked room, we would never have known any of this.

Question for Knox: Why was your lamp found on Meredith’s floor, if not to clean or search for evidence?

10. Gloves Used for Cleanup?

The police went through the house.  Although they did not test everything, very few fingerprints were found at all in the house, and only one belonging to Knox, on a glass.  Of course, it raises the question of why any random burglar or killer would do that, and points to someone who is there regularly—a resident.

Such an undertaking would have taken a long time, again, pointing to a resident of the building.  And while a sock or a cloth may be used a few times, it seems extremely impractical to use for any length of time.  That leads another obvious suggestion: gloves.

However, Perugia was still warm.  Amanda, (in that God-awful interview with Simon Hattenstone), said that she could sunbathe in October.  Even if she had them in her luggage, they would probably take time to find.  She was not known for wearing gloves as a fashion accessory.

Given her living habits, it is extremely unlikely she had her own cleaning gloves, and Laura and Filomena never reported such things missing.  Nor did anyone else.  So, where would they come from?

Question for Knox: Did you purchase (or steal) gloves prior to Meredith’s death?

11. Clothes and Supplies

You were seen in Quintavalle’s shop first thing in the morning on November 2nd, even if your lawyers contest it.  He claims you were looking in the cleaning section, but then left.  Strange, as you are not much of a cleaner, however he has no reason to lie.  You also claim that you were not ‘‘missing’’ any clothes, even though Filomena mentions a sweater you were wearing but has not been recovered.

It is also known that you have made many cash withdrawls in the month of October, with seemingly little to spend on.  Police and the media have speculated drugs, but with absolutely no paper trail, there is no way to know for sure how much was spent on what.

Question for Knox: Did you purchase any cleaning supplies, or extra clothes, either before or after Meredith’s murder?

12. Concerning The Gubbio Trip

You have travelled to many places, sure, but hadn’t really gone anywhere after settling in Perugia.  Yes, you had given serious thought to ditching the town, even buying a ticket to China.  Since meeting Raffaele, you two had kept in a relatively small area.  Therefore, the trip planned to Gubbio, for the day after Meredith was killed, seems somewhat out of place.

I may very well be wrong, but was this the first road trip you had taken with him?  You hadn’t packed anything, and you left your house (after the shower) without taking anything.  You apparently also didn’t notice Filomena’s broken window in front of you.

Question for Knox: Was the Gubbio trip for real, or was this a staged cover?


Wednesday, March 11, 2015

Rapidly Expanding Wiki Now Includes Precise Reasons For RS And Knox Arrest 6 Nov 2007

Posted by The TJMK Main Posters



From the east. Foreground, Perugia’s main courts, background judges & prosecutors’ offices

1. The Events Prior To The Arrests

The ever-expanding Wiki can of course be found here.

The arrest statement in Part 2 below was signed by Dr Mignini at 8:40 am. It’s worth rehearsing all that had happened in the wee hours before this.

Knox had turned up at the central police station unannounced, apparently to keep tabs on RS. After a delay in finding something for her to do, and in getting the interpreter by her side, she sat with Rita Ficarra building a list of possible perps with phone numbers and residences on maps.

Having been told in a rather low-key way that Sollecito had just said she was not with him on the fateful night for several hours, and she had made him lie (see the post just below), there was a tension-filled pregnant pause while Knox apparently racked her brains for a Plan B.

By 1.45 AM, having explosively fingered Patrick when a message to him fortuitously showed up on her mobile phone, and after considerable spontaneous chatter, she had insisted on writing and signing this statement.

Three hours later Dr Mignini had arrived and discussed this development with others. Then he advised Knox of her rights, including the right to have her lawyer there.

Heedless of that advice, after more spontaneous chatter (actually referred to in the arrest warrant below), Knox insisted on writing and signing this statement while all the court officers sat idly by.

2. The Warrant For Three Arrests

This warrant was drafted and signed by Dr Mignini in the prosecutors’ offices in Perugia’s central courthouse (image at top) at 8:40 am. As already mentioned, it includes reference to Knox’s spontaneous chatter and her knowledge of the dynamics of the crime.

PUBLIC PROSECUTOR’S OFFICE, COURT OF PERUGIA

N. 19738/07 R.G. Mod. 44

DETENTION ORDER ISSUED BY THE PUBLIC PROSECUTOR

(artt. 384, comma 1 c.p.p)

TO THE JUDGE OF PRELIMINARY INVESTIGATION OF THE COURT OF PERUGIA

The public prosecutor Dr. Giuliano Mignini

Based on the records of the above-mentioned proceeding;

Having found that there are serious indications of the crimes of complicity in aggravated murder Article 576 n.5 c.p.e. and sexual assault for which we are proceeding, against DIYA Lumumba, born in Kindu (Zaire) on 5.05.1969, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, for the following reasons:

Regarding KNOX and DIYA, the first made glaringly contradictory and not credible statements during the investigation. In particular KNOX claimed to have spent the night between November 1st and 2nd in the company of SOLLECITO Raffaele whom she met a few days before the event while he, after initially confirming the statements made by KNOX, confessed to have lied instructed by KNOX and made clear that he separated from KNOX at 21.30 of November 1st 2007, remaining at his house where he received a phone call from his father on the land line at 23:30.

Furthermore from the data relating to the phone traffic of the number 3484673590 in use by KNOX there emerges a lack of phone traffic from 20:35 of November 1st to 12:00 November 2nd. Same lack of phone traffic from 20:42 of November 1st to 06:02 of November 2nd is found in the phone traffic of 3403574303 in use by SOLLECITO Raffaele.

At 20:35 of November 1st it was found an outgoing text message from the number 3484673509 belonging to KNOX sent to 3387195723 belonging to the co-defendant PATRICK to whom she communicates “see you later” which confirms that in the following hours KNOX was together with DIYA in the apartment where the victim was.

KNOX, in the statement made today has, in the end, confessed the dynamics of the committed crimes against KERCHER: the accused, in fact, first claimed to have met with DIYA, as communicated to him with the text message found in the phone memory of her cell phone by the operating Postal Police, text message sent at 20:35 in reply to a text message from DIYA sent at 20:18, detected thanks to the analysis of the phone traffic related to KNOX.

This last text message is not present in the cell phone memory.

KNOX in her witness statement from today has then confessed that, meeting DIYA in the basketball court of Piazza Grimana, she went together with DIYA to Meredith’s house, where DIYA, after having sex with the victim, killed her.

The sexual intercourse must be deemed violent in nature considering the particularly threatening context in which it took place and in which KNOX has surely aided DIYA.

In addition to this it should be pointed out that KNOX, in her spontaneous declarations from today, has consistently confirmed to have contacted DIYA, to have met with him on the night between November 1st and 2nd and to have gone with him to the apartment where the victim lived. She then said that she stayed outside of Meredith’s room while DIYA set apart with her and also added that she heard the girl’s screams.

KNOX reported details that confirm her own and Sollecito Raffaele’s involvement in the events, like the fact that after the events she woke up in the bed of the latter.

As far as the essential facts against SOLLECITO there are numerous verifiable inconsistencies in his first declarations, in respect to the last ones and the fact that, from a first inspection, the print of the shoe found on SOLLECITO appears to be compatible in its shape with the one found on the crime scene.

Moreover, there is the fact that KNOX claimed to not remember what happened between the victim’s screams up until she woke up in the morning in SOLLECITO’s bed, who was also found in possession of a flick knife that could abstractly be compatible for dimension and type (general length of 18cm, of which 8,5 blade), with the object that must have produced the most serious injury to the victim’s neck.

Having considered all the elements described and all converging findings of the intense and detailed investigations conducted after the discovery of Kercher’s body and culminating with the confession and indicated complicity of DIYA, also known as “Patrick” by KNOX, there is substantial serious evidence of the crimes for which we are proceeding to allow the detention, given the limits of the sentence.

Likewise there must be considered a founded and valid danger of flight especially for DIYA since he is a non-EU citizen and in consideration of the specific seriousness and brutality of the crimes, especially that of sexual violence and the possibility of the infliction of a particularly heavy sentence.

In regards to KNOX she has shown a particular ruthlessness in lying repeatedly to the investigators and in involving in such a serious event the young SOLLECITO.

Having regard to Art.384 comma 1 c.p.p.

ORDERS

The detention of DIYA Lumumba, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, and to be taken to the local District Prison.

We proceed to request validation of the detention in the separate document.

Forward to the Secretary area of authority with regard to recognition of Diya Lumumba and Amanda Marie Knox, born in Washington (USA) on 07/09/1987, based in Perugia, Via della Pergola 7, and Raffaele Sollecito, also already identified.

Perugia, November 6th 2007, h.8,40

PUBLIC PROSECUTOR

(DR. GIULIANO MIGNINI)


Monday, March 09, 2015

The Meredith Case Wiki Now Has The Key Sollecito Statement 6 Nov 2007 In Full

Posted by The TJMK Main Posters



Perugia’s central police station where Sollecito made the statement posted here


The ever-expanding Wiki can of course be found here.

A post follows soon with guidance to the numerous new documents it contains. This was an extremely well documented case with discussions carefully recorded and decisions explained every step of the way.

We have frequently noted for example that RS and AK were provided with an extraordinary total of SIX opportunities in 2007 and 2008 to head off a trial and to be released.

Each opportunity is very well documented (Matteini hearings, Ricciarelli hearings, Mignini hearings, Supreme Court rulings, and the two Micheli rulings) and the transcripts and reports make very clear why RS and AK failed each time.

Not one of those transcripts or rulings has been “explained” or rebutted by the RS and AK apologists. It is very clear now that their falsifying efforts are being left way back there in the dust.

Document after document after document proving the case is going live in English for which they have been able to create no response.  For example, the “brutal” Knox “interrogation” on 6 November is absolutely vital to their body of claims.

But document after document has shown that to be simply a huge hoax.  Dumb silence is the only response.

This new translation of Sollecito’s statement of 6 November 2007 in the central police station, complete for the first time, has just gone live on the Wiki here. As always, we sure appreciate the translation help.

It is also now a part of our Interrogation Hoax series.


Friday, March 06, 2015

The Sollecito Trial For “Honor Bound” #8: Passages For Which Gumbel & Sollecito Are Charged

Posted by Peter Quennell




1. Outcome Of Thursday Session In Court

That image above is of Sollecito arriving from his cell in Capanne Prison back in 2008.

The next session of the trial of Sollecito and Gumbel will be in open court for the first time. All Italy will finally KNOW some of what the pair claimed. Finally they will be able to judge the heated claims - seemingly intended to illegally inflame American public opinion to lean on the Italian court.

And as the next court session will fall after Cassation rules finally on his appeal against his lost Florence appeal for the murder of Meredith, we could see Sollecito once again arrive in court from behind bars.

This slight delay in the book trial beyond the Supreme Court ruling due late March (25th or thereafter) was the only real outcome from the final closed session yesterday of the Florence court.

Sollecito’s lawyer Alfredo Brizioli and Gumbel’s lawyer Francesca Bacecci, in creating a pretty meaningless fuss over the translation of passages where the malicious intent to inflame American public opinion is almost impossible to miss, even with Google Translate, simply bought Sollecito time beyond Cassation’s cold gaze on 25th March. The new translation is due on 10 April, and 30 April will be the pair’s next day in court. 

2. Selection Of Passages The State Disputes

Picking passages in the book against which to lodge diffamazione and villipendio charges is like shooting fish in a barrel, as we showed in this post in April last year. That was twenty inflammatory charges in a mere half a dozen pages.

Targeted for the moment are the seven passages quoted in Part 3 below. They might be the first of several waves of passages against which diffamazione and villipendio charges are brought, as only one complainant (Dr Mignini) has so far asked the court to act, as he was required to do.

Many other people are talked about highly disparagingly in the Sollecito and Gumbel book too. See these examples, out of dozens, which are not yet the subject of a charge:

Our interrogators resorted to time-honored pressure techniques practiced by less-than-scrupulous law enforcement and intelligence agencies around the world. They brought us in at night, presented us with threats and promises, scared us half senseless, then offered us a way out with a few quick strokes of a pen.

Napoleoni was in the room for this part of the conversation. Without warning, she turned on me with venom in her voice. “What did you do?” she demanded. “You need to tell us. You don’t know what that cow, that whore, got up to!”

“Don’t I have the right to a lawyer?” I asked.  They said no. “Can’t I at least call my father?” “You can’t call anyone.” They ordered me to put my cell phone on the desk.

At one point, I found myself alone with just one of the policemen. He leaned into me and hissed, “If you try to get up and leave, I’ll beat you into a pulp and kill you. I’ll leave you in a pool of blood.”

The rounds of questioning began all over again: “Tell us what happened! Did Amanda go out on the night of the murder? Why are you holding out on us? You’ve lost your head per una vacca—for a cow!”

As Amanda’s questioning continued, Prosecutor Mignini himself decided to take charge. He arrived at the Questura in the dead of night, apparently after being informed that Amanda had “broken,” and pressed her for a full confession. Again, Amanda was in floods of tears. Again, she was gesticulating with her hands and bringing them to her head—a detail that seemed particularly fascinating to Mignini, perhaps because hitting oneself in the head is sometimes associated with Masonic initiation rites.

Regarding that last claim Dr Mignini was not even there.

3 The Current Targets Of The Florence Court

Phrases of Sollecito and Gumbel (probably all or mostly of Gumbel) that look especially inflammatory and dishonest and very unlikely to be true are highlighted here.

Passage 1: Page 75

The main evidence Mignini had to take into the preliminary hearing was my Nikes, and he did everything he could to make them as incriminating as possible. Hours after my interrogators ordered me to take the shoes off, they were examined by a forensic team from Foligno. But the Foligno police were relatively cautious: in the official report they produced that same day, they said they could make no more than a partial comparison with the clearest of the prints left in blood in Meredith’s room and could comment only on the rough size and shape of the shoe, nothing more. Still, they concluded that my shoes “could have” created the footprints found at the crime scene.

Mignini was not satisfied, no doubt because the finding was couched in all sorts of caveats; the Foligno police stressed that the match was a theoretical possibility only. So the next day Mignini went to the Polizia Scientifica in Rome for a second opinion. They had even less information to go on than the Foligno team because they had only photographs of my shoes, not the shoes themselves. Somehow, though, they came to the much more definitive conclusion that my Nikes were the same make, model, and shoe size as the print on Meredith’s floor. No question about it.

Dr Mignini had no vested interest in the outcome of the shoe. There was a ton of other evidence which was accepted by the Matteini and Ricciarelli courts and Cassation to keep Sollecito locked up.

Passage 2: Pages 101-102

The prosecution’s tactics grew nastier, never more so than when Amanda was taken to the prison infirmary the day after Patrick’s release and told she had tested positive for HIV.

She was devastated. She wrote in her diary, “I don’t want to die. I want to get married and have children. I want to create something good. I want to get old. I want my time. I want my life. Why why why? I can’t believe this.”

For a week she was tormented with the idea that she would contract AIDS in prison, serving time for a crime she did not commit. But the whole thing was a ruse, designed to frighten her into admitting how many men she had slept with. When asked, she provided a list of her sexual partners, and the contraceptive method she had used with each. Only then was she told the test was a false positive.

To the prosecution, the information must have been a disappointment: seven partners in all, of whom four were boyfriends she had never made a secret of, and three she qualified as one-night stands. Rudy Guede was not on the list, and neither was anyone else who might prove useful in the case. She hadn’t been handing herself around like candy at Le Chic, as Patrick now alleged. She’d fooled around with two guys soon after arriving in Italy, neither of them at Patrick’s bar, and then she had been with me. Okay, so she was no Mother Teresa. But neither was she the whore of Babylon.

To compound the nastiness, the list was eventually leaked to the media, with the erroneous twist that the seven partners on the list were just the men she’d had since arriving in Perugia. Whatever one thought of Amanda and her free-spirited American attitude toward sex, this callous disregard for her privacy and her feelings was the behavior of savages.

It was in fact Knox’s idea to write the list of partners, and her own team’s idea to do the malicious leak. Police and prosecution had zero role.

Passage 3. Page 146-147

When my defense team examined the official paperwork, they noticed that the analysis of the footprints - including extensive inquiry into the length and shape of the foot likely to have produced them - had been conducted by two members of the Polizia Scientifica in Rome, working not in their official capacity but as private consultants charging thousands of euros to Mignini’s office. One of the analysts, Lorenzo Rinaldi, was a physicist, not a specialist in anatomy, and the other, Pietro Boemia, was a fingerprint technician with no further scientific credentials. That begged the question: if Mignini’s office felt it needed to contract the job out to private consultants, why wouldn’t it go to people with more pertinent qualifications? The whole thing stank.

We were stunned, too, to discover that some of the most important parts of the evidence were not handed over at all. We were given a document detailing the Polizia Scientifica’s conclusions about the DNA evidence on the knife and the bra clasp, but we had none of the raw data, nothing that would enable us to make our own independent evaluation. We put in a request for the data and, when it was rejected, filed another. The DNA evidence was now the bedrock of the case against me. What possible motivation could there be to withhold it?

The defenses had witnesses present at every single test. They made no complaints. And the Hellmann court record showed that all DNA data was in fact handed over, as the consultants C&V had to conceed.

Passage 4: Page 176-177

One of the reasons our hearings were so spread out was that Mignini was fighting his own, separate legal battle to fend off criminal charges of prosecutorial misconduct. He and a police inspector working on the Monster of Florence case stood accused of intimidating public officials and journalists by opening legal proceedings against them and tapping their phones without proper justification.

To Mignini, the case smacked of professional jealousy because the prosecutors in Florence resented his intrusion on a murder mystery they had struggled for so long to resolve. But Mignini’s behavior had already attracted international condemnation, never more so than when he threw the journalist most indefatigably devoted to following the Monster case, Mario Spezi, into jail for three weeks. Spezi had ridiculed Mignini’s theories about Francesco Narducci, the Perugian doctor whom Mignini suspected of being part of a satanic cult connected to the killings.

In response, Mignini accused Spezi himself of involvement in Narducci’s murder - even though the death had been ruled a suicide. It was a staggering power play, and the international Committee to Protect Journalists was soon on the case. Spezi was not initially told why he was being arrested and, like me, was denied access to a lawyer for days. Even Mignini, though, could not press murder charges without proving first that a murder had taken place, and Spezi was eventually let out.

I firmly believe that our trial was, among other things, a grand diversion intended to keep media attention away from Mignini’s legal battle in Florence and to provide him with the high-profile court victory he desperately needed to restore his reputation. Already in the pretrial hearing, Mignini had shown signs of hypersensitivity about his critics, in particular the handful of English-speaking investigators and reporters who had questioned his case against us early on. He issued an explicit warning that anyone hoping he would back off the Meredith Kercher case or resign should think again. “Nobody has left their post, and nobody will,” he said. “Let that be clear, in Perugia and beyond.”

Just as he had in the Monster of Florence case, Mignini used every tool at his disposal against his critics and adversaries. He spied on my family and tapped their phones. He went after Amanda not just for murder, but also for defaming Patrick Lumumba - whom she had implicated under duress and at the police’s suggestion. He opened or threatened about a dozen other legal cases against his critics in Italy and beyond. He charged Amanda’s parents with criminal defamation for repeating the accusation that she had been hit in the head while in custody. And he sued or threatened to sue an assortment of reporters, writers, and newspapers, either because they said negative things about him or the police directly or because they quoted others saying such things.

Mignini’s volley of lawsuits had an unmistakable chilling effect, especially on the Italian press, and played a clear role in tipping public opinion against us. We weren’t the only ones mounting the fight of our lives in court, and it was difficult not to interpret this legal onslaught as part of Mignini’s campaign to beat back the abuse-of-office charges. His approach seemed singularly vindictive. Not only did we have to sit in prison while the murder trial dragged on; it seemed he wanted to throw our friends and supporters - anyone who voiced a sympathetic opinion in public - into prison right alongside us.

Dr Mignini was facing mild charges for what in fact judges had okayed and for which prison or a career fall were never in the cards. Over a year before the book was written, Dr Mignini’s total rebound and promotion after Cassation sharply repudiated a rogue prosecutor and judge in Florence had been widely reported upon. It is also widely known now that Spetzi and Preston were mounting a malicious self-serving hoax.

Passage 5: Page 185

One other strange thing: Amanda and I were on trial for sexual assault, yet Stefanoni confirmed that a stain on Meredith’s pillowcase that looked a lot like semen was never tested in her lab. She made all sorts of excuses about how testing it might compromise the lab’s ability to use the pillowcase for other things. The semen might well be old, she added, the result of Meredith’s consensual sexual relations with Giacomo Silenzi.

This seemed extraordinary to my defense team, so much so that we asked for - and obtained - permission to inspect the pillowcase ourselves and soon discovered signs of semen on one of Guede’s shoe prints. How could the prosecution have missed this? If the semen was fresh when Guede stepped on it, that meant it must have been produced on the night of the murder. We thought long and hard about demanding a full analysis, but we did not trust the Polizia Scientifica as far as we could spit and were deathly afraid they might choose to construe that the semen was mine. So we held back.

The is hardly what the Scientific Police - a much-trusted collaborator of the FBI - are known for. All tests are done with defense witnesses there.

Passage 6: Page 216-217

As it turned out, Massei may not have been entirely correct to say there was no evidence that DNA results were used to fit a predetermined story line. Giuliano Mignini, of all people, had given a television interview a couple of months earlier in which he stated quite openly that he was looking for a certain result from the kitchen-knife analysis.

Mignini was asked by a special correspondent for the show L’altra metà  del crimine (The Other Half of the Crime) how he could be so sure my knife was the murder weapon when the DNA readings had come back “too low” and did not appear to conform to international standards. Mignini stuttered and danced around the question before replying in gloriously convoluted Italian, “Ho ottenuto di farlo risultare.” I managed to get it to come out right.

Never happened. As Cassation noted these so-called “international standards” which the consultants C&V misled the court about are simply a myth. The C&V laboratory and methods were disparaged by the Carabinieri lab in 2013.

Passage 7: Page 219-222

My family was not beating up on Amanda entirely without cause. What I did not know at the time, because they preferred not to fill me in, was that they were exploring what it would take for the prosecution to soften or drop the case against me. The advice they received was almost unanimous: the more I distanced myself from Amanda, the better. The legal community in Perugia was full of holes and leaks, and my family learned all sorts of things about the opinions being bandied about behind the scenes, including discussions within the prosecutor’s office. The bottom line: Mignini, they were told, was not all that interested in me except as a gateway to Amanda. He might indeed be willing to acknowledge I was innocent, but only if I gave him something in exchange, either by incriminating Amanda directly or by no longer vouching for her.

I’m glad my family did not include me in these discussions because I would have lost it completely. First, my uncle Giuseppe approached a lawyer in private practice in Perugia - with half an idea in his head that this new attorney could replace Maori - and asked what I could do to mitigate my dauntingly long sentence. The lawyer said I should accept a plea deal and confess to some of the lesser charges. I could, for instance, agree that I had helped clean up the murder scene but otherwise played no part in it. “He’d get a sentence of six to twelve years,” the lawyer said, “but because he has no priors the sentence would be suspended and he’d serve no more jail time.”

To their credit, my family knew I would never go for this. It made even them uncomfortable to contemplate me pleading guilty to something I had not done. It was, as my sister, Vanessa, put it, “not morally possible.”

The next line of inquiry was through a different lawyer, who was on close terms with Mignini and was even invited to the baptism of Mignini’s youngest child that summer. (Among the other guests at the baptism was Francesco Maresca, the Kerchers’ lawyer, who had long since aligned himself with Mignini in court.) This lawyer said he believed I was innocent, but he was also convinced that Amanda was guilty. He gave my family the strong impression that Mignini felt the same way. If true - and there was no way to confirm that - it was a clamorous revelation. How could a prosecutor believe in the innocence of a defendant and at the same time ask the courts to sentence him to life imprisonment? The lawyer offered to intercede with Mignini, but made no firm promises. He wasn’t willing to plead my cause, he said, but he would listen to anything the prosecutor had to offer.

Over the late spring and summer of 2010, my father used this lawyer as a back channel and maneuvered negotiations to a point where they believed Mignini and Comodi would be willing to meet with Giulia Bongiorno and hear what she had to say. When Papà  presented this to Bongiorno, however, she was horrified and said she might have to drop the case altogether because the back channel was a serious violation of the rules of procedure. A private lawyer has no business talking to a prosecutor about a case, she explained, unless he is acting with the express permission of the defendant. It would be bad enough if the lawyer doing this was on my defense team; for an outside party to undertake such discussions not only risked landing me in deeper legal trouble, it also warranted disciplinary action from the Ordine degli Avvocati, the Italian equivalent of the Bar Association.

My father was mortified. He had no idea how dangerous a game he had been playing and wrote a letter to Bongiorno begging her to forgive him and stay on the case. He was at fault, he said, and it would be wrong to punish her client by withdrawing her services when I didn’t even know about the back channel, much less approve it. To his relief, Bongiorno relented.

My family, though, did not. Whenever they came to visit they would suggest some form of compromise with the truth. Mostly they asked why I couldn’t say I was asleep on the night of the murder and had no idea what Amanda got up to.

Sollecito himself had for years kept Knox at extreme arms length, mirroring his family, implying Knox was more guilty than he, though irrevocable evidence ties him to the scene of the crime too.  He was never ever seen to stand up for her like this. Mignini and Comodi had NOT ONE CONVERSATION on these lines.  Apart from the case against Sollecto being strong, no prosecutor in Italy has any power to “do a deal” or allow a perp to “cop a plea”. To prosecutors’ own great relief, for protection these powers reside ONLY in the hands of a judge.

Posted on 03/06/15 at 12:54 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Those who were chargedRaff SollecitoOther legal processesSollecito diffamazioneSollecito book hoaxesSollecito team
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Wednesday, March 04, 2015

Ten Of The Ways In Which The FOA Petition That The State Department Accepted Is Dishonest

Posted by Peter Quennell





Hard to believe that the Knox PR is guided by a professional - good ones know to just shade the truth.

Again and again in sharp contrast the Knox PR tries to go 180 degrees the other way. Down is up. Black is white. Instead of making one or two mistakes, it makes hundreds - and then lets them stand. Again and again, talking point are shot down - but in Marriott’s zombieland they never stay dead. 

Now the Knox PR is pinning its hopes on an ill-conceived Change.org petition posted here This is just part of what Karen Pruitt and other creators get wrong.

1) There was no corruption at any point except that of the Hellmann court for which there is proof which Italy and the US have probably shared already.

2) There was no abuse of the pair, ever, and no paper trail by either the two defenses or the US Embassy vital to the credibility of this claim. In fact the defenses have invariably inclined the other way, thinking this is a foolish way to go.

3) There was no abusive interrogation of Knox on 5-6 Nov - in fact there was no interrogation at all. In great detail what happened was described at trial. Knox had insisted on being there and she merely listed some other possible perps - all of which the cops checked out. Then she herself said and wrote way too much, when she was told she had been dropped in it by RS. The cops rather hoped she’d shut up.

4) Knox herself shrugged off the need for a lawyer on that night after her statements came pouring out - even after Dr Mignini had read her her rights - as multiple witnesses testified. Knox still cant explain why she claimed she headed out alone on the night, leaving Sollecito behind.

5) RS and AK had six opportunities between November 2007 and January 2009 to get themselves freed or moved to house arrest. They failed each time. In one of those it was Cassation which turned them down. Judge Matteini and Judge Ricciarelli and Cassation listed a ton of evidence against them and believed if sprung on house arrest they could cause harm.

6) The claims about Guede in that petition are totally upside down. He didnt go gunning for them - in reality they went gunning for him!! Everybody could see that in mid 2008 as this report shows.

Claims have been made of a pact between Knox and her Italian former boyfriend Raffaele Sollecito, 24. It is alleged their lawyers have agreed to work together to blame the murder on Rudy Guede, 21, a part-time gardener from the Ivory Coast and the third accused.

Now, Guede’s lawyers are threatening to call for a separate trial for him alone - well away from the legal teams of the other two whom they fear could prejudice his case.

It is a pact, says Guede’s lawyer Walter Biscotti, that can be traced back to July when Sollecito sent Knox a bouquet of yellow flowers on her 21st birthday which both celebrated in prison.

‘There is a clear desire to make Rudy the guilty party, and it’s clear they will try anything,’ Biscotti said.

7. Guede did not testify at the 2009 trial, he just sat there mute and then went away. In sharp contrast the RS and AK teams introduced witnesses trying to do maximum harm to him.

    (a) The witness who said Guede was in his apartment; but he had not even reported that to the cops, and Judge Micheli concluded he was a publicity hound at best.

    (b) The two lawyers who said someone broke into their office; but even they hinted it was really a work-related hit as legal documents had been gone though and some probably copied and removed in a car.

    (c) The head of the pre-school in Milan; but she could not even call Guede’s presence a break-in because he must have been given a key to get in.

Neither Guede nor his lawyers were in court to cross-examine or repudiate any of those witnesses; and the prosecution took zero role - asked zero questions - so it was ONLY the RS and AK defenses and not Guede who had an unfair edge here.

8) Cassation did not say in ending Guede’s process that it must have been RS and AK along with Guede at the crime. The closed sessions at trial in 2009 showed conclusively to the judges that there had been three, which is why the defenses (not the prosecution) put Alessi and Aviello on the stand. Cassation simply agreed with this.

9) This was not a one man crime by a rapist or burglar, it was provably a 15-minute torture and humiliation pack attack fueled by rage. Knox’s trial and appeal courts both concluded that she plunged in the knife and RS and Guede have shown strong signs of not having not been pre-warned and remaining sore ever since.

10) As usual with the PR a huge amount about the case and RS and AK is simply left out. Here is a comment first posted on another thread which explains how this lies-of-omission approach works (or doesnt work).

If you watch the numerous CBS videos or read the numerous attacks on Italy on their site, do you spot a trend? CBS 48 Hours is prone to leaving an awful lot out.

Where is CBS’s translation of even one major document? Where is evidence of knowledge of even one court transcript? Where is the real reason the appeals were allowed? Where are the six opportunities RS and AK were given before trial to prove they had no role? Where are the bad times the defense had in 2009? What about the lengthy trial sessions behind closed doors? Where are the numerous conflicting alibis?  Where are the numerous whacks at one another by RS and AK? Where is AK’s disastrous stint on the stand? Where is any mention of the dealer Knox screwed for drugs? Where is the current trial of RS for his book? Where is the trial of Oggi for Knox’s book? Where is the Knox interrogation hoax? Where is the Carabineri lab nailing the “science” of C&V? Where is the known corruption of the Hellmann court? Where is the downfall of defense witnesses Alessi and Aviello? Where is the Guede/lone-wolf hoax?  Where is the downward spiral of Frank Sforza now on trial in Italy and wanted by US and Canadian police? Where is any fair remark about the Italian system or its staff? Where is the long overdue expose of the Preston hoaxes? Why are Spetzi’s many losses in court not there? Where is the truth about the Narducci 22? Where is Dr Mignini’s total rebound and promotion after Cassation sharply repudiated a rogue prosecutor and judge in Florence?  Why does CBS feel such a need to defame so many Italians in English from so far? Where is any mention of the PR’s corrupting very big bucks?

We have no problem seeing the foolish petition remain up - but in their own best interests Knox herself and Sollecito himself should want the incriminating thing taken down. It will merely further annoy the courts.

And they really should tell the blundering Marriott to get lost.

Posted on 03/04/15 at 07:24 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Those who were chargedAmanda KnoxRudy GuedeAll the nefarious hoaxesKnox interrog hoaxKnox book hoaxesThe wider contextsAmerican contextKnox-Mellas team
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Monday, March 02, 2015

Laments: Short Scripts With Inspiration From The Usual Suspects

Posted by Grahame Rhodes




1. Lament At A Dimly Lit Table

Amanda: ”Iʼm worried Michael, just because I have sex with Frederico Martini they can use it to convictorize me and then I will be transported back.”.

Michael slightly drunk…..”No worries Amanda. You donʼt know the law and I do (hic) Did you bring the money by the way plus another bottle of wine? and anyway, what do you mean by convictorize?”

Amanda: .....”Well I donʼt know. Bruce said I would be exterior-ronerated or something but Iʼve never heard of that position. I wonder if that includes being tied up? He also said when he phoned me in the middle of the night that I would have to be evacuated. That does sound exciting too, Iʼve never done that one either. Of course this was after he apologized for knocking me up so late.”

Michael: .....”Listen Amanda, the law in any case is made up of facts. Iʼm a judge and Iʼm in control of all the facts hand me the bottle….........(he takes a long swig)

Amanda: .... But they will send me to jail….... Here give the bottle back.

Michael: .... “Of course you will be extradited, but consider what this will mean Amanda. You will be famous and your family will be very wealthy including the Moores and the Fischers not to mention all the TV promotions and the commercials that tell what kind of soap you use in Capanne. Do you still wash by the way?........Here! (He takes another long swig) Did you bring another bottle?”

Amanda: .....”But Iʼll be in jail!!”

Michael:.... Ah yes but think of how wonderful your life will be in Capanne and how much money you will make for everyone including me. There will be books written about you. There will even be a reality TV series. Have you ever heard of ʻJoan of Ark?ʼ

Amanda: ..... Oh yes sheʼs a hooker that lives two floors below me.

Michael:.... Now that would be the crowning glory to your life. The hooker with the heart of gold. HEY!!! Put down that knife.”

2. Lament Of The Invisible Security Guard

Steve sat behind his desk watching his phone in the hope it would ring. It was cramped in his office which was a converted broom closet and he always had to climb over the two packing cases that passed for his desk

He covered his ears in a vain attempt to block out the screaming. Yes! His wife was trying to sing again. Finally the noise stopped and so he poured himself a water glass full of gin and took another pill.

He looked at all the photos on the wall of which he was very proud, after all they had taken a lot of his time and effort to produce. There was the one with his arms around Dick Chaney and George W, or the other photo of him and Marilyn Monroe which he had signed “To Steve with all my love Marilyn”

The photo over the door though was his pride and joy which was the picture of him being awarded the star of bravery by Queen Elizabeth. Ah thank God for photoshop. He stared at the phone again willing it to ring, willing it to be Amanda so he could save her from the evil Mignini and his Chinese Pirates. He was obsessed with crime and with Amanda as well.

Also he had told anybody who would listen that he knew the real identity of Jack the Ripper. It was that rancid milk deliveryman who called on his wife every day whenever he was out.

That thought reminded him to get rid of all the frozen yogurt and multitude diary products the deliveryman always left behind. It had puzzled him as well because his wife was on a lactose free diet.

The phone still did not ring so he looked at his prize possession which was a photoshopped picture of himself on the rear deck of the presidential limo consoling Jackie Kennedy after the assassination.

Next to it the photo of him shooting Lee Harvey Oswald. Ah so much history. He took another pill and washed it down with gin. Suddenly the thought striking him, he picked up the phone and started dialing the British Secret Service because of his true identity, that of James Bond Moore secret agent, only he couldnʼt remember the number so he put the phone back and waited again for Amanda to contact him but she never did.

Worst of all his wife had started screaming again. Not only that but he was out of pills. Douglas?

3. Lament Of A The Invisible Ex-Judge

The retired Judge’s mind was in a turmoil encased in a quandary which had was been once owned by Ringo Star.

Could it be?

He was faced with a dilemma made out of brown paper and string.

Was it possible that he had been wrong?

The ugly prospect of Amanda’s guilt stared him in the face.

He stared back trying to decide if a coat of paint would improve it but to no avail since the avail had dandruff. His mind was tossed on the horns of a dilemma that had been given to him by the famous KKK Grand Dragon David Duke.

Could he have been wrong he asked himself for the upseenth time?

He wished that he was still a judge on the bench in Camp Courageous.

People were scared of him then because he ruled his court with an iron fist, then with a wooden foot, then with a piece of string. Bailiffs were scared of his tongue lashings which he kept in a box in his desk.

He had even written a white paper on it and submitted it the judges weekly news but it had been rejected. Undeterred he had resubmitted it as a brown paper then finally an all leather one with an index made of string part three.

He emitted a long sigh, actually it was several short ones but the space between them was so short you couldnʼt tell the difference. He shook his head releasing a large colony of dust mites. Screaming they fell to the ground.

There was no avoiding it. He decided, since he had surrounded himself with questions made out of modeling clay, questions which had only one answer. It was obvious that Knox was guilty as charged.

He shook his head once more and asked a passing stranger if he had any money for a cup of coffee. With nothing else to do he sat there in the ʻslough of despondʼ and the rain wondering what the nemesis Mignini who had never heard of him was doing.

4. Lament Of An Invisible Store Salesman

Bruce Fischer was obsessed with Amanda Knox and considered her to be a fur—-fatale. He was furious for being unable to fur—-millierize himself with her fur—-brile ways and her fur—-natic need to fur—-mulate her actions.

He coughed up another fur—-ball and fur—-rowed his brow thinking about the fur—ar that Knox had caused. He thought about his fur—fathers and fur—bished himself with another drink.

How could she have been so fur—-brained as to fur—-nicate with all those fur—eners in particular the drug dealer Fur—-nando Martini when he himself “International fur—-rier to the Stars.” was available.

For this he was fur—-ious at her having wasted her fur—tiellity when he could have done it for her. But if she comes around, he thought, then I will fur—-give her.

So…....... In a fur—-y and with a fur—lourish he unfur—-led the flag while looking fur—tive . The flag which fur—-ther fur—-nished the message which had caused the fur to fly.

Guilty as charged.

5. Lament Of A Daddy Wishing there Were More

Curt felt a twinge of conscious just below his left knee but ignored it and poured himself a glass of single malt Scotch and lit a cigar.

He lamented only that the gravy train was puffing slower these days.

Still, he had been very clever having separated so much money from his daughter Amandaʼs fortune, or in this case misfortune. He livened up..

It had been such a busy time and once more, he was amazed at how easy it had been to put all the liberated money in his secret Cayman Island account.

Thank God for the stupidity of others such as the unsuspecting Chris who unwittingly had become the equivalent of his stooge. Gabby Hayes to his Roy Rodgers or Costello to Abbot or Stan Laurel to his Oliver Hardy.

He was amazed too that Edda had been fooled so easily considering his lifelong track record of never paying for anything without a fight.

He thought about the future and did an impression of Monty Burns on the Simpsons by saying, “Excellent. “ It was indeed wonderful since he knew Amanda would be extradited thereby guaranteeing all the extra money he would make from TV interviews, commercials or even a reality show.

As for his daughter, he could care less since for so many years she had been a drain on his finances plus an embarrassment.

Now of course she was a gold mine and with any luck he could keep this going for years. Ah yes! The future looked bright indeed. Now, if only I could find some more idiots such as Bruce and Steve who, thankfully, always did what his lunatic ex-wife told him to do.

He smiled once more. A smile that was just the same as his convicted daughters. A smile identical to those who have a dark secret. He laughed out loud and poured himself another drink and relit his cigar.

Posted on 03/02/15 at 12:27 AM by Grahame Rhodes. Click screenname for a list of all main posts, at top left.
Archived in Those who were chargedAmanda KnoxRaff SollecitoRudy GuedeThe wider contextsAmerican contextKnox-Mellas teamSollecito teamMichael Heavey
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Friday, February 27, 2015

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

Posted by Chimera



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

1. A Thematic Overview

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Preview Of Coming Analysis Of Knox’s Book

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

Dissecting The “There Is No Evidence” Claim

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

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

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

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

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

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

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

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

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

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

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

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

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

Click here for:Her email to Judge Nencini.

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

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

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

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

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

See also the British interviews here and here.

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

Really? No Evidence???

In Amanda Knox’s own words:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Knox’s Trouble Keeping Details Straight

When Exactly Did Patrick Text You?

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

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

Why Did you Turn Your Phones Off?

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

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

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

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

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

The Pipe-Leak at Raffaele’s Apartment

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

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

Harry Potter in German?

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

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

How Many Partners in Italy?

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

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

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

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

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

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

A Hypocrite In Knox’s Own Words

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

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

Meredith’s Time of Death

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

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

When Knox Becomes A Suspect

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

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

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

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

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

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

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

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

For some context please see this post.

4. Stuff That Is Outright Disturbing

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

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

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

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

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

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

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

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

5. Obviously False Claims

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

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

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

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

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

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

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

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

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

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

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

6. Tortured Logic

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

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

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

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

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

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

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

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

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

7. My Own Conclusions

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

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

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

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

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

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

8. This isn’t the Beatles, but…

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

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

(Lyrics from ‘‘Julien’’ by Placebo)

Posted on 02/27/15 at 11:06 PM by Chimera. Click screenname for a list of all main posts, at top left.
Archived in Those who were chargedAmanda KnoxPublic evidenceKnox's alibisAll the nefarious hoaxesKnox demonized hoaxKnox book hoaxesNo-evidence hoaxKnox-Mellas team
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Wednesday, February 25, 2015

Paul Ciolino Hit With A $40 Million Suit For Real Railroad Job From Hell

Posted by Peter Quennell




1. Paul Ciolino And Meredith’s Case

Investigator Paul Ciolino provides expertise for the CBS Network’s 48 Hours crime unit.

The staffing of that unit are all obsessively supportive of Amanda Knox and all unquestioningly channel the PR. Despite claims such as “16 months of investigation” they seem to have never settled down to do reality checks or due diligence of their own.

They include the talking head Peter Van Sant (from Seattle), producers Doug Longhini, Sara Ely Hulse, and Joe Halderman (fired for attempted blackmail) and the serial fabricator Doug Preston who with major CBS help has perpetrated various damaging hoaxes

In late 2008 Paul Ciolino helped to get the Perugia reporting by CBS off to a very unpromising start.

As Kermit showed Ciolino made a huge mistake in a gotcha attempt upon witness Nara Capezzali.

She had reported to the police that she heard footsteps on gravel by the house and directly below her window on the top deck of the parking facility and then clanging footsteps on the steel stairs a few yards to her right. She also reported seeing several figures on the run.

She would not talk with Ciolino, who got the locations very wrong and also ignored altogether what Madame Nara saw. His replication of the footsteps was by runners down on the bitumin street, which is about three times as far away as Madame Nara heard some steps, with a surface nothing like the gravel drive by the house. Then Ciolino reported that he couldnt hear anything. Hardly a surprise.

In 2009 Ciolino was the main speaker at the infamous Knox fundraiser at Salty’s in West Seattle. His presentation was shrill even by their standards. He was apparently the first ever to describe the case as a “railroad job from hell”.

That inspired this extended rebuttal by Kermit.

Included in Ciolino’s presentation at Salty’s was an angry demonizing rant about Dr Mignini’s sanity. This rant was widely reported, not least in Italy.

In Perugia Knox’s own legal team protested the PR thrust. The BBC interviewed Dr Mignini and in a report on their website concluded the precise opposite to Ciolino’s claim.

In April 2009 CBS 48 Hours with biased takes by Ciolino and Preston aired American Girl, Italian Nightmare, the most misleading major US TV report as of that point, and Peter Van Sant aired his own misleading take.

Later still in 2009 CBS 48 Hours Producer Joe Halderman was arrested and charged with blackmail. Halderman had to resign after pleading guilty and is long gone.

In 2011 CBS 48 Hours aired the so-called untold story of Knox. CBS 48 Hours also aired numerous other short segments (you can find them on YouTube) simply regurgitating the tales by Knox and her PR gang whole, absent any checking of facts.

CBS attempt no balance, nobody with a deep knowledge of the case ever appears. No Italians are ever interviewed. PR shills repetitively appear without being introduced as such. Almost all hard facts are simply left out; the lies by omission are huge.

CBS has done zero translation of major documents, or even reported on them in summary when released. Peter Van Sant and Doug Longhini have posted several dozen of the nastiest and least truthful analyses of the case on the CBS website. A really huge effort, simply channeling the PR.

Although quieter now, Paul Ciolino didnt quite dry up on the case. After the Nencini appeal in Florence he was quoted as saying:

Amanda is a political football, and not so much a murder suspect….They know she didn’t do it. Anyone with half a brain knows she and Raffaele weren’t involved in this thing. This is about national pride, about showing who’s boss in Italy. They are sending the message that, ‘You cannot bigfoot us. You can’t outspend us. We’re going to show you who runs this country and it’s not some little American twit from Seattle.

Italy really awoke to the Knox PR and the biased reporting of CBS etc only late in 2011 in conjunction with the highly evident hijacking of the Hellmann appeal and moreso in 2012 with the defamatory Sollecito book.

2. The $40 Million Lawsuit Against Ciolino And Protess

The news video above and this Chicago Sun-Times report explain the main thrust of the $40 million lawsuit which Ciolino along with Northwestern University’s journalism school and a former professor now faces.

Prosecutors in 2014 in releasing an innocent man after 15 years in prison blamed that group for false evidence and a false confession and for letting the real murderer walk free. Here thanks to our main poster Jools is the lawsuit document itself, an amazing read if you need more proof of how sleazy Amanda Knox’s help can be.

Here are the lawsuit’s opening paragraphs.

1. In 1999, Plaintiff Alstory Simon was wrongfully incarcerated for a double-murder he did not commit. Arrested at the age of 48, Simon spent more than 15 years in prison before he was ultimately exonerated on October 30, 2014.

2. The horrific injustice that befell Simon occurred when Defendants, Northwestern University Professor David Protess, Northwestern University private investigator Paul Ciolino, and attorney Jack Rimland, conspired to frame Simon for the murders in order to secure the release of the real killer, Anthony Porter.

3. As part of a Northwestern University Investigative Journalism class he taught in 1998, Protess instructed his students to investigate Porter’s case and develop evidence of Porter’s innocence, rather than to search for the truth. During that investigation, Northwestern, through its employees and/or agents Protess and Ciolino, intentionally manufactured false witness statements against Simon and then used the fabricated evidence, along with terrifying threats and other illegal and deceitful tactics, to coerce a knowingly false confession from Simon.

CBS is mentioned half a dozen times. It helped in the framing with nationally broadcast segments. In paragraph 85 we are told CBS got an exclusive. What a real surprise THAT is…  The lawsuit document paints Ciolino’s behavior as dishonest and ruthless and possibly criminal as well.

Protess, Ciolino and Northwestern Medill students repeatedly attempted to get the eyewitness to change his testimony, with Protess offering him $250,000 and 20% in “upfront” money for his rights in a book and movie deal;

Protess also told the eyewitness that he could have sex with either of two Northwestern Medill students if he would change his testimony.

Quoted in the lawsuit is this about Ciolino. It is actually written by Protess.

On March 15, Charles McCraney’s appearance was anxiously awaited at a Kentucky Fried Chicken in Kankakee, Illinois. Paul Ciolino’s hair was slicked back. The private investigator wore a sharkskin suit and white-on-white shirt with gold cuff links, his tie secured by an ornate pin. Sitting opposite him were David Protess and Rene Brown, dressed down for the occasion…  Protess introduced himself [to McCraney] and then Brown. ‘And this is Jerry Bruckheimer, the Hollywood producer I was telling you about,’ said Protess as Ciolino extended his hand….

In paragraph 94 Ciolino’s alleged threatening of Simon into a confession is described as follows. .

Ciolino and a fellow private investigator “bull rushed” (in the words of Ciolino) Simon in his home with their guns drawn; 

Ciolino told Simon that he was a police officer;

Ciolino showed Simon a videotape of a man, who is now known to be an actor, falsely claiming that he saw Simon commit the murders;

Ciolino threatened Simon that they could do things the “easy way or the hard way” and mentioned that he would hate to see Simon have an accident;

Ciolino showed Simon what Ciolino described as a “devastating” five minute CBS-TV broadcast of Protess and Inez claiming Simon committed the murders;

Ciolino falsely told Simon that he was facing the death penalty and that the Chicago police were on their way to Simon’s house to arrest him;

Ciolino told Simon he could avoid the death penalty by providing a statement that he shot the victims in self defense but that Simon had to act quickly because Ciolino could no longer help him once the police arrived;

Ciolino promised Simon that he would be provided a free lawyer if he agreed to give a statement;

Ciolino promised Simon that Protess would ensure he received a short prison sentence if he agreed to give a statement;

Ciolino promised Simon would receive large sums of money from book and movie deals about the case if he agreed to give a statement.

Believing he had no other viable option, and acting under extreme duress and the influence of narcotics, Simon was knowingly and intentionally coerced into providing a false statement implicating himself in the murders.

It is this supposedly forced confession that above all cost Simon 15 years.

There is so much more. This may be a very tough lawsuit for Ciolino to beat as well as a career-killer. Northwestern University is no friend of Ciolino and may choose to go hard against him.

They do have a favorable track record.  The students of the journalism school had for years been questionably used by Protess’s arm of Barry Sheck’s Innocence Project to gather defense evidence slanted to getting supposed innocent prisoners released.

Protess was fired for this by the university several years ago as hangers-on tried to defend him.

The Innocence Project again… This is all too reminiscent of Greg Hampikian in Boise, Idaho, who corrupted Hellmann’s DNA consultants to try to frame people, and misrepresented hard evidence to try to allow guilty people to walk free.

And all broadcast by your local CBS station. 

Posted on 02/25/15 at 05:35 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Sunday, February 22, 2015

No-Extradition Hoax - In Fact Perps Usually Learn Of Requests Only After Their Arrests

Posted by Peter Quennell



Mafia boss Domenico Rancadore who Italy has long wanted back now in London under arrest

1. The Probable Suddenness Of Arrest

Knox’s final conviction with no further appeal is likely by end-March. She can certainly expect that.

Knox has talked about a fight. But what fight? Not a single lawyer familiar with the extradition treaty, the hard evidence, or the precise decisions of the courts has sustained the hoax that Knox has a real shot.   

As to why, you may like to check our past posts down below, which explain the precedents and the law. The latest posts are at the top.

The other thing Knox may expect - or not expect - is that the US Marshals will arrive at her current whereabouts within minutes of the verdict to lock her up. Search the Internet on extraditions and associated arrests, and there are two things you are unlikely to find:

  • Examples of countries refusing to extradite to Italy once the complete legal process is done. Italy’s system is known to be fair and precise and to give defendants breaks no other system does. For example, Knox had six opportunities to convince judges and prosecutors she was innocent even before she ever went to trial. You wont find a foreign parallel to that.

  • Examples of countries signaling an extradition request in the public domain. Usually the first that most people in most countries - and the perps themselves - learn about extradition requests is when the perp is already sitting in a cell. For obvious reasons the US and the UK and Italy all have policies in place to avoid signalling an arrest in advance.

The perp may choose then to fight but it will be from inside a cell. We can find no cases where any country ever turned down an Italian government request after the full legal process had been and gone. Not one.

The UK seemed to be making an unfortunate exception (much ridiculed withing the UK itself) in the case of Mafia boss Domenico Rancadore who Italy long wanted back.  But his trial is still ahead of him, and now he too is under arrest and in a cell.

His 18-month extradition fight has cost him a huge amount and (see below) the voracious UK media chased him every time he stepped outside (already shades of the UK media and Knox).

In Knox’s case there seem neither the lawyers nor the money needed to do better than Mr Rancadore. Lawyer Ted Simon, who seemed to function more as a spin doctor, jumped or was dropped when Knox’s team became 100% ineffective amateurs desperate for a payday themselves. 

2. Main Past Posts on This Hoax

    Click here: The US Lacks Legal Authority To Decline To Deliver A Guilty Knox To Italian Authorities.

    Click here: Tips For The Media: In Fact Knox Extradition Is Likely To Be Readily Granted.

    Click here:  US Measures Available To Italy To Secure Wrongdoers Without Argument

    Click here:  Human Rights Group “Human Rights Watch” Gives An Approving Nod To Italy.

    Click here:  Appeal Session #10: After Defense Remarks Panel Of Judges Reaches Its Decision: BOTH GUILTY.

    Click here:  Rejected Yet Again By Knox, Sollecito Seems Frantic To Avoid What Might Be A Final Return To Italy.

    Click here:  The Prospects In Favor Of A Possible Fugitive Amanda Knox Take Yet Another Hit.

    Click here:  Some Homework For Curt Knox/Marriott/FOA: How Leaning On Italian Judiciary Can Seriously Misfire.

    Click here:  Another US-Italian Case Shows The Utter Futility Of Trying To Strongarm The Italian Justice System.

    Click here:  Italian Judge Ruling Is Tough But Fair In Another Case Involving Americans.

    Click here: The Considerable Number Of Suspected Perps That Countries Extradite Daily To Other Countries #2.

    Click here:  The Considerable Number Of Suspected Perps That Countries Extradite Daily To Other Countries.

    Click here:  CIA v. State Department: A Significant Development For The Perugia Case?

Before arrest Rancadore and wife trying to keep their faces off UK TV

Posted on 02/22/15 at 02:44 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Thursday, February 19, 2015

Interview Part 2 With Kelsey Kay About Her Sad Experience With Serial Exploiter Sollecito

Posted by Ergon




1. Overview Of These Two Posts

Part One of the interview with Kelsey Kay can be read here.

She is the young American woman Raffaele Sollecito attempted to marry in 2013 in an effort to gain American citizenship.

As reported in Radar Online and thereafter other newspapers around the world Sollecito first suggested to Amanda Knox that they should get married.

“’Raffaele told me that when he had been in Seattle in March, his lawyers and Amanda’s lawyers had a meeting where he had proposed the idea of the two of them marrying,” she told RadarOnline.

‘It would’ve been natural to the public that the two of them got married. Raffaele proposed the idea to Amanda and her lawyers so that he could obtain citizenship in the United States and stay’.

This was shot down by Amanda, which caused him to look elsewhere and how he selected Kelsey Kay. As already reported, he pushed a bit too hard and that made her question his motives.

Having already been in a destructive relationship she realized he was using her and broke off the “engagement” even though he already had announced it to his family.

This was when he approached other women, including Veronica Drake in Australia, and moved to the Dominican Republic to look it over and explore the chances of opening a business there.

He had already planned to move away from Italy, moving his assets first to Switzerland then to another offshore account. It appears he knew even before the 2013 Supreme Court hearing that the Hellmann decision would be annulled.

What is especially interesting is that he went to visit Meredith Kercher’s grave near London just prior to that ruling, against the express wishes of her family. Did his guilty conscience drive him there?

As we come to the end of this long and contentious process we all need to remind ourselves why we got involved in this fight for justice for Meredith Kercher. So many reasons, so many stories that swept us all up in it. This is just one of them.

2. Part Two Of The Interview

E: The Sollecitos are blaming his co-writer Andrew Gumbel and Knox’s American friends for the defamatory content in his book. Gumbel says he’s only the ghost writer putting together what he was told. What do you know about him and Gumbel, and was part of the content provided by the Moores, Bruce Fischer’s group, or Frank Sfarzo?

KK: “I don’t know any of the details regarding how his book was composed besides that he received a lot of help with it. Despite all the American exposure he has had since 2007 his English is still pretty broken at times. He asked me how to word things he was trying to express while he was here so there had to be a great deal of help with the book. That’s all I know on that. I’m sorry.”

E: He has hinted in recent interviews that Amanda Knox went out alone that night, in effect withdrawing her alibi. What did he say to you, and what do you think he means when he says “she (Knox) has things to explain”?

KK: “At the time I met Raffaele his relationship was just beginning to sour with Amanda. He was being strongly advised to cut ties with her but he hadn’t convinced himself this was the right move yet. He did NOT mention her leaving that night without him. He did however mention footprints to my friend Shelly and I over Skype. He said something along the lines of they’ve found new evidence with the footprints.

He gave the impression that it would be damning for both him and Amanda. He was very bothered on that day by whatever it was they found and this was before it was broken to the media. He didn’t elaborate. Just said that the prosecution was trying to twist the evidence with the footprints in a way that wasn’t accurate. He was fidgety and nervous during the Skype call.”

E: He wrote in Honor Bound that his lawyer Luca Maori had a meeting with prosecutor Giuliano Mignini to discuss a possible plea bargain, which is illegal under Italian law. What can you tell us about that? And did he make any other allegations about prosecutor Mignini?

KK: “He told me that many times he was offered to be let out or have his sentence lessened if he would throw Amanda under the bus. He actually seemed to think himself quite the hero for not doing so. Ironic how now that he is faced with the gravity of the current situation he has distanced himself. He always has two personalities. The personal puppy dog like Raffaele his PR wants you to see and the Raffaele that operates out of fear and selfishness with no regard for how his actions will affect others. I really don’t have much to offer in the way of Mignini that isn’t already known to the public. His family is convinced he is a mad man and a criminal himself.”

E: As you know, Raffaele Sollecito’s appeal will be heard March 25, 2015. Do you have anything to say to him?

KK: “I’ll save my breath for someone worth my while”.

E: You’ve indicated you moved on. What have you learned from this episode of your life, and is there anything else you would like to say?

KK: “What I’ve learned… I could really go into extensive detail here. I’ll try to cut it down.

1. I am a mother first, foremost, and primarily. No one and nothing comes in between that. I would never do anything so stupid again. I have more to consider than myself.

2. Looks can be deceiving. I thought Raffaele was a victim. It turns out he was really just a pretentious jerk and a mass manipulator. I’ve spent more time getting to know people on a more personal level since.

3. I have learned more about the empowerment of women. I really enjoyed getting to know Veronica, another one of Raffaele’s victims. We confided in one another quite a bit. I have never met someone quite as self-deprecating as her. She was so unaware of her beauty and how wonderful she truly is. I hope she’s past that. She’s an amazing woman. Raffaele doesn’t deserve to leave a mark on her confidence.

The only thing left to say is the most important thing of all. I want justice for Meredith Kercher. The true victim in all of this. She’s the one who really matters. The rest of us are just footnotes in a tragic story that needs to come to a close. I wish her family peace and the truth. That’s all.”

E: Thank you.

Posted on 02/19/15 at 07:29 AM by Ergon. Click screenname for a list of all main posts, at top left.
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Tuesday, February 17, 2015

Interview Part 1 With Kelsey Kay About Her Sad Experience With Serial Exploiter Sollecito

Posted by Ergon




1. An Overview

We’ve been following for many years how the friends of Amanda Knox had been encouraging Frank Sforza and Raffaele Sollecito to obtain green cards by any means necessary.

That was in the mistaken belief it would somehow grant them immunity from criminal prosecution and extradition for their crimes. They certainly seemed to believe that, and it is especially ironic considering the recent news of Knox’s most recent “engagement”.

Just a year ago Radar Online broke the story of Kelsey Kaypernick, the young American woman who was pursued for a while by Raffaele Sollecito with offers of marriage.

When this came out she was attacked by the usual suspects, with harassment continuing until recently. Ironically, she was told NOT to speak to Ergon smile

I spoke to her then and offered a voice. That I was more interested in the human side. She was intrigued except she had to wait for her contractual obligation to end, then was affected by concerns for her safety.

I held off on writing anything for that reason, but kept in touch with her for a year. Having spoken to her by phone and through e-mails, I found her very intelligent and believable. She contacted me recently, agreeing to do the interview. It is presented here, in its entirety.

2. Part One Of The Interview

E: How are you? Have you been able to put this behind you? Why have you agreed to speak with us now?

KK: “I’m doing great, thank you so much for asking. After doing much research and watching the chips fall where they may with Raffaele post my article with Radar I realized a lot. I was truly a small amount of collateral damage. I think it would be stupid of me to continue to be hurt by someone like him.

Especially when I’m equally responsible for allowing him into my life in the first place. I’ve agreed to speak to you now because I am no longer afraid. It took me some time to realize that all the threats being made towards me were unfounded. I’m a mother, so I had much more than myself to consider. However, by allowing those threats to control me, I was letting him win. I’m done with that now.”

E: Many of Raffaele and Amanda Knox’s supporters have questioned your motives, and posted personal information about your past. Do you have anything to say to them?

KK:  “You know my name, not my story. Choose to fill in the blanks in whatever way is pleasing to you.”

E: Veronica Drake (in Australia) was told Raffaele Sollecito would be suing her. Have you ever been told legal action would be taken against you for speaking out?

KK: “Oh yes. Michelle Moore and Eve Applebaum made direct contact to threaten me. I also read threats made through his father and his lawyer. I had lots of contact with Noel Dalberth. She was mostly kind to me however.”

E: How did Michelle Moore and Eve Applebaum contact you and what threats did they make?

KK: “Eve emailed me directly, clearly she had gotten my personal email from Raffaele as I don’t hand it out. I give out my work email only. Michelle tweeted at me and I suspect called me from a blocked number.”

E: What is your impression of Raffaele’s relationship with Amanda Knox now?

KK: “What relationship? It seems non-existent to me.”

E: He did meet Amanda Knox in Seattle (in 2012). So, too, did his father and sister? Was it about their books only, for the publicity, or was their relationship soured already? Do you know why?

KK: “Sorry, I know nothing about that instance unfortunately.”

E: Have you ever met or spoken with a member of the Knox/Mellas family? Amanda Knox herself?”

KK: “I suspect I have had a conversation with Chris Mellas. I say suspect because my attacker hid behind a fake twitter. I was not allowed to speak with Amanda. Raffaele must have had his reasoning.”

E: What ID was used on Twitter by the person you suspect is Chris Mellas? What specific threat? Embarrassment, your past history, or?

KK: “@guilterwatchin or something along those lines. He threatened me in every way he could think of. Intimidation tactics, petulance, foul language and threats via twitter came my way for a few days after the article was published until someone advised me to block him. I have to say though, of all the people who have attacked me I found @guilterwatchin laughable. I mean really? A twitter attack.”

E: Were you surprised when you heard the news Raffaele Sollecito had been picked up by police close to the Austrian border?

KK: “Not at all. After all I found out firsthand that his intentions were to flee Italy. This goes right back to your inquiry about people questioning my motives. I’ve read some entertaining tales. In some of them I’m 17. In some of them I’m already married. In some of them I’m a money hungry whore. In some of them I was fat before my plastic surgery that I clearly got. I just laugh. You want to know my motives?

Well… ask yourself a few questions and infer what you want from the answers. Did any other women come out that the same thing had happened to them? Is it possible other women were spared the same fate? Did he get his passport taken away? Was he able to leave Italy? Well, there you go. I’ve said what I wanted. People can draw their own conclusions on my motives…. as is their right.”

E: Do you know why Raffaele Sollecito didn’t attend Amanda Knox’s big Vashon Island get together on July 26, 2013? Was he invited?

KK: “I have no knowledge of why. I do know that around that time their relationship had soured. He flew to Seattle when I called off the marriage and she refused to respond to his requests to see him. That’s what he told me anyways. I was extremely irritated when the first thing he did when I was having doubts was to flee to where Amanda lived but he assured me they were not on good terms and that she had refused to see him and was doing him an injustice. He described her as selfish. It’s actually comical to compare the relationship the media and their books paint that they have compared to what little I saw.”

E: Have you read the available court documents and pro-guilt arguments, and if yes, when and where?

KK: “I’ve read so many blogs on both sides I couldn’t begin to start telling you all the sources.”

E: After meeting Raffaele do you feel he could have written the book or was it mostly written by his co-writer?

KK: “There is no way Raffaele mostly wrote that book. He spends too much of his time contradicting it in reality. He was coached and took a back seat. In my opinion.”

E: After all you’ve learned about Raffaele, do you still believe him to be innocent?”

KK: “I’ve come to know Raffaele as a wolf disguised as a sheep. A liar. A fraud. A master manipulator with powerful resources. So do I still think he’s innocent? No. I wanted to believe he was. I no longer feel that way. I’ve been able to separate my emotions from common sense.”

E: After all you’ve learned about Amanda, do you still believe her to be innocent?

KK: “Again, No. But I didn’t get to know her like I did Raffaele. All I know is that it seems both of their stories are quite contradictory. There can only be one truth. If I was fighting for my life and I hadn’t committed the crime I was accused of I would remember everything like it had happened only a second ago. Neither of them seem to be on the same page. So therefore neither of them are believable to me.”

[Part two will follow in the next post]

Posted on 02/17/15 at 10:37 AM by Ergon. Click screenname for a list of all main posts, at top left.
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Monday, February 16, 2015

See The Amazing Shrinking Raffaele Sollecito Live On National Italian TV

Posted by Peter Quennell





In this post of 7 February we quoted Italian sources on how Sollecito had yet again sold out Knox.

Now ericparoissien of PMF dot Org has added English subtitles for the full one hour. They show Sollecito progressively making things worse and worse for himself as well.

Clander has embedded six videos here (sign in) and (vital to read) a number of gotcha comments down below.

Months ago Knox was incriminating herself live on national TV as well. She has not appeared since. Maybe this is the last time we see Sollecito live as well.

Posted on 02/16/15 at 07:17 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Sunday, February 15, 2015

Journalist Andrea Vogt Encounters Two Case-Related Oddities Of Interest In Official Washington

Posted by Peter Quennell



Ambassador to Italy David Thorne with Secretary of State John Kerry

1. US Freedom Of Official Information And Politics

Since 1967 the US Federal Government has had to provide certain official information to requesting citizens and organizations.

Most of those are watchdog groups and reporters. The relevant rules are quite elaborate, and can be read here and here.

About half of all information requested is handed over fully, about 3/8 is handed over with excisions and withholdings, and about 1/8 is not handed over at all, with summary reasons for the refusal. This can then be appealed or alternately brought to the attention of someone in Congress.

If a powerful congressman or committee staffer picks up the ball then the information can flow quite magically.

If the information can embarrass the presidential administration the other party can gleefully extract the information, if necessary with the issuing of a subpoena. The news media will usually pick this up and run with it, especially if a Congressional committee decides to ask questions or hold hearings.

We reckon that our readership and the case-watchers in general extend right across the political spectrum from left to right. No easy trick and we have always been quite pleased with this. It is usually impossible to tell what the political position of any poster or emailer is.

Same with the US media. Fox News cable news is generally thought to be right-wing and MSNBC left-wing and CNN tries to make it in the middle. But all three have had left-wingers and right-wingers on their shows supporting either Italy and justice or the anti-justice anti-Italy misinformation Knox campaign.

In other words support by Americans for Italian justice or for giving Knox a pass has had nothing to do with party lines. But that could change some.

Right now the presidential administration is on its back foot, as the other party controls both the houses of Congress. The Secretary of State and the Ambassador in Rome both work for the administration, and can be called to account by that Congress.

Knox happens to live in a city and state which largely goes along with the presidential party and administration. Senator Patty Murray and Senator Maria Cantwell are in the presidential party as is Mayor Ed Murray of Seattle.

Senator Cantwell is STILL the only influential politician who has taken a public stance anti-Italy; nobody from the opposite party ever has.

In 2009 Cantwell was sharply rebuffed and her facts corrected by the State Department and CNN’s legal analyst and even by some pro-justice Seattle voters..

In October 2013 Cantwell flashed in and out of a bizarre misinformation panel perhaps embarrassed to be associated with it.

Bottom line? The presidential administration and party does not seem in a strong position to refuse to hand over any documents, or without very strong reason to take a pro-Knox anti-Italy position.

We are not guaranteeing that this case will become a political football. But it could. If it does, the Knox gang will have only weak political allies (if any) and what the Rome Embassy reported to the State Department 2007-2015 is really going to matter.

How does all this relate to what Andrea Vogt has recently encountered?

2. Andrea Vogt And The Cables From The Rome Embassy

Andrea Vogt in effect holds a giant lever. She has long pursued her right as an American journalist to surface what the consular officers in the Rome Embassy who watchdogged the 2009 trial and 2011 and 2013 appeals and Knox’s stint in prison had been reporting back to the State Department in Washington.

Releases of copies of cables in 2010 showed “no cause for concern” over Knox’s treatment and copies of cables in 2011 showed likewise.

There was zero official paper trail helpful to a Knox fight against extradition. That was despite a very nasty effort by Knox forces to lean on the Embassy and the State Department by complaining directly to President Obama.

Now Andrea Vogt is reporting on the Freelance Desk in “Update Feb 13 2015” on her experience with a new batch of cables.

Oddities to our eyes are that (1) in this batch, some requested cables were not released; and (2) a cable in October 2011 at the end of the Hellmann appeal wrongly declared “case closed”.

Passages of special interest have been highlighted here by us.

Many may view the cables as just routine bureaucracy, which in large part they are, but I believe they are important documents to add to the public record for two reasons.

First, they show insight into how American citizens in trouble abroad are supported (or not, depending on your viewpoint) by their government.

Second, they contribute transparently to the established written government record, clarifying diplomatic aspects of the case that until now have remained hidden while the saga played out solely in Italian courtrooms and the media.

The results of this second batch of FOIA requests were of particular importance due to the grave accusations being launched against the Italian police and members of its judiciary by members of Knox’s family, supporters and public relations team during the period of her incarceration.

The question at hand: was Amanda Knox abused, mistreated or robbed of a fair trail in Italy? How closely was the state department monitoring the case and what did embassy officials do, or not do, as it evolved?

The answer, first revealed in this first batch of embassy cables released to me in 2012 and dating back from 2007-2009, is that embassy and state department personnel actively monitored the case and provided aid from the very first days after her arrest. Other state and federal documents that I published back in 2010 ... show how Washington State’s congressional delegation, namely Sen. Maria Cantwell, was also involved.

This second batch of FOIA-requested embassy cables was released to me in late 2014 in response to another more extensive FOIA request made in 2012 (a two-year lag time is not unusual for broad requests)...

In brief, these new cables shows that the trend of close state department monitoring of the case was constant, with consular involvement up until the day (Oct 11, 2011) that the U.S. Ambassador Thorne in Rome sent a cable to the secretary of state in Washington D.C., officially declaring the matter “case closed.”

The communications are noteworthy because they bust a number of media myths about Amanda Knox’s release and immediate departure from Italy after her release in 2011, namely that the U.S. embassy did not receive her in the hours immediately post release for consular services, as she was traveling on a valid U.S. passport.

The other interesting point is that though the case was far from over in Italy,  once Amanda Knox was off Italian soil, it no longer considered the case to be of interest. “With the verdict of Oct. 3 overturning Amanda Knox’s prior conviction, her immediate release from prison and her subsequent departure from Italy today, Post considers this case closed. THORNE.”

For American citizens abroad, it is a welcome reminder that the embassy works on citizens’ behalf, as are the four documents released with excisions that show Knox was regularly visited by consular officials every six weeks and brought reading materials.

It is worth noting that the only persons to publicly report to have regularly visited Knox in prison to bring her reading materials were those associated with the Fondazione Italia USA, namely Italian parliamentarian Rocco Girlanda and Corrado Maria Daclon, the two men also present with her in the car that drove Knox out of prison the night she was acquitted.

Coincidence or are these the consular visits the cables refer to?

As soon as Knox was out of the country, the embassy declared “case closed,” perhaps not expecting that her trials would continue. Those who have followed the case know that the acquittal that prompted her release was later annulled in its entirety by Italy’s Supreme Court, which called for a second appeal trial to be held in a separate venue: Florence….

For the British and Italian authorities, and family members of Meredith Kercher who have patiently waited out the Italian legal system, perhaps the “case closed” cable jumped the gun. Once an American citizen is out of the country where he or she is in trouble, what duty does the embassy have to keep following legal developments that involve an American not physically in the country?

Did the embassy re-open the case later once the Supreme Court quashed the acquittal or is it “out of sight, out of mind,” and once an American in trouble abroad is no longer abroad, the embassy in that country can effectively wash its hands of the matter? Is it still considered “Case Closed”?

As the possibility of an extradition process hangs in the balance with the upcoming March 25 supreme court decision, the documents may provide some additional material for legal scholars to consider.

As the State Department letter points out, there are still 11 documents that fall under the umbrella of my initial FOIA request that have not been released that require further coordination.

Based on the content of my 2012 request, I believe these may be documents relating to then Sen. John Kerry and the U.S. Committee on Foreign Relations, of which he was chairman from 2009-2013 [ed note: and Senator Cantwell was a committee member] and to which specific FOIA requests were made, and for which I have not yet received response.

I have scanned and uploaded the 2-page FOIA response and 5 released cables (Oct 2011, June 2011, March 2011, November 2010, September 2010) below…

Andrea Vogt included images of those six seemingly mundane documents she received below the report, praises the Embassy and State, and voices no suspicions.

Amazingly, not one other American reporter has pursued this obvious angle. Still, in a political fuss, all those many others described in Part 1 above could also choose to do so.

Posted on 02/15/15 at 12:11 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Friday, February 13, 2015

The Sollecito Trial For “Honor Bound” #7:  Why It Also Threatens Amanda Knox

Posted by Peter Quennell



Cover of the New York Post (owned by a probably gleeful Rupert Murdoch) this week


We will soon be posting several hundred easy-to-disprove lies we have identified by Knox. 

Late March Cassation will probably rule that Knox needs to go back and serve her time, and if so between then and late-year there will probably be an attempt at a big media fuss.

But lying to the US media and public in the next few months is going to be a more-than-normally dangerous game.

Brian Williams is the news anchor for the NBC network’s nightly news, who was often a guest on late-night comedy TV, where he made himself look super-sized.

William was just outed by soldiers who had complained that he lied when he said a helicopter he was in in Iraq took shots and was forced down. That was another helicopter in a companion group out of sight.

He’s now suspended, without pay, and his contract does not let him talk. Death by 1000 cuts and (like Sollecito and Gumbel) without making things worse he cannot talk back.

Williams was long suspected of lying about his experiences when Hurricane Katrina hit new Orleans in 2005.

Williams had made several questionable claims in interviews and a documentary: He witnessed a suicide at the Superdome in New Orleans, saw a body floating by his hotel in the French Quarter and had contracted dysentery from accidentally ingesting floodwater.

Throughout Thursday, Williams was pounded by bloggers and newspaper columnists, who noted that he hadn’t reported the suicide when he was on assignment in New Orleans, that the French Quarter had largely remained dry during the hurricane and that there were no reported outbreaks of dysentery.

Today the reports get worse: it seems Williams also lied about being on a flight with some Navy SEALS as well. And there is said to be worse to come.

And who is entangled in this bad news? Bob Barnett, Williams’ lawyer, who brokered Williams’ $10 million a year contract a few weeks ago.  He also brokered Amanda Knox’s book full of lies to the US.

Bob Barnett will not want to see Knox and her dishonest team draw attention to this by telling the US media and public yet more easy-to-disprove lies. Defending one big-time liar will be more than enough.

By the way, the big expose of Gumbel’s lies is still ahead. Those by Preston, Heavey, Fischer, Moore, etc, too. Knox should maybe dump them all, and give up her foolish fight.

When one is in a deep hole, the best advice is to stop digging, right now.

Posted on 02/13/15 at 09:11 AM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Wednesday, February 11, 2015

The Sollecito Trial For “Honor Bound” #6: Examining Gumbel’s Role In Biasing The Book

Posted by The TJMK Main Posters



Andrew Gumbel seen in a shrill 2014 CNN report, perhaps the least balanced so far 

1. Bringing The News Up To Date

On 5 March the Florence court will replace the prosecution’s translation of the target claims in the book with its own translation.

And Sollecito and Gumbel will probably be ordered to stand public trial then.

Both the prosecution and the guiding magistrate have as usual in Italy played immensely fair in this case. Each gave Sollecito and Gumbel numerous opportunities over more than a year to try to explain and justify certain target passages in a way that gets them off the hook. In further fairness the hearings have all been closed.

What leaked out after the last hearing in Florence a couple of weeks ago suggested that Sollecito has yet to come up with any justification at all. He was said to look dazed and depressed.

Gumbel was not in court. But his lawyer apparently claimed that Gumbel was merely a sort of well-meaning sheep: Sollecito’s ghost writer, nothing more, who faithfully took down only what he heard from his client.

This has apparently not gone down at all well in the Sollecito camp.

The Sollecito family and legal team has long hinted rather publicly that Gumbel did a number on them, an end-run. Francesco Sollecito and the family and Sollecito’s lawyers Giula Bongiorno and Luca Maori had all claimed within several weeks of the book coming out that numerous passages in the book were malicious and untrue. Sollecito himself denied that he put them in.

The Sollecito family and legal team have also hinted ever since that Gumbel and some American Knox cronies with self-serving agendas (suggested on pro-Knox websites to have been Steve and Michele Moore, Frank Sforza, Bruce Fischer, maybe some more) had recklessly put dangerous unfounded claims in the final draft of the book.

Those claims (now the main subjects of the Florence trial) were seemingly never put into Italian and run carefully by them. No proper due diligence was done, and as a result they have been left holding the can. And all this under the cold eyes of the Supreme Court, which must rule in six weeks whether Sollecito makes things up. 

2. Smart Rules For Ghost Writers To Avoid Trouble

This is hardly the first time a ghost writer and their client have fallen out. It is a touchy trouble-prone profession not governed by formalised training or an established code of ethics, where getting sued or not getting paid is quite a frequent thing.

Some of those who do it full-time and have had their share of trouble and want no more of it and want to alert others have posted their own suggested groundrules online.

For example, both client and ghost writer are well served by spending a few days checking out each other. Then they make a contract where literally everything needs to be spelled out.

Ghost writers need to take extreme care with clients in legal trouble who might drag them in or who they might drag in further. They need to be clear whether they are to research on their own, and to whom they are permitted to talk.

They need to know whether their name will be on the cover or anywhere inside the book. They need to know whether they have a licence from the client to do related TV and print articles, especially if those pay a separate fee, and what they are allowed to say.

They need to try to capture honestly the client’s voice and not turn them into someone they are not. They need to know what facts to put in and to be clear what facts are consciously left out. They need to do due diligence on the drafts with the agent and publisher and lawyers, and if allowed check out dynamite claims with “the other side”.

And if any accusations of crimes are to be made they REALLY need to check those legal hot potatoes with the client and the lawyers and the publishers, line by line. 

Gumbel seems to have ignored pretty well all of these groundrules, and dug Sollecito in much deeper.

Knox’s ghost writer Linda Kulman (more experienced than Gumbel at this and with no axe to grind) seems to have followed some but not all of these guidelines. Her name is only in the Knox book once, in a short thankyou note by Knox at the back, and she remained low-key and made no separate statements.

Nevertheless, Linda Kulman had the Sollecito book as a (then) largely unchallenged model. She included in the book a number of false accusation of crimes and malicious ridicules of others, none of them properly checked out, which will have Knox in court for sure before too long. (Oggi is already in court for repeating some of her claims.)

Linda Kulman also included an entire chapter about Knox’s “interrogation” where every detail is made up. She included a lengthy claim that Mignini did an illegal interrogation of Knox, when in fact he wasn’t even there. And she left out numerous key facts, such as that Knox was having sex with a major drug dealer almost to the day of her arrest, and most of the evidence.

Linda Kulman certainly dd not capture Knox’s real voice or mode of behavior, which are notoriously brash and possibly the root cause of Meredith’s murder.

3. Flashing Warning Lights In Italy In 2012

If the Sollecito family and team did not know all of the above, it would seem to be Sharlene Martin’s fiduciary duty as book agent for Sollecito to make sure both they and any ghost writer they hired did know.

For their part, the Sollecito team should have done their own due diligence in Italy, and perhaps looked around for an experienced ghost writer in Italy who could converse with all of them and show them in Italian what would be in the book. And in particular known about and been respectful of this which was in our first post.

On 3 October 2011 Judge Hellmann told RS and AK they were free to go, despite the fact that no legal process for murder and some other crimes is considered final in Italy until no party pursues any further appeals or the Supreme Court signs off. Most still accused of serious crimes (as in the UK and US) remain locked up. Hellmann, pathetically trying to justify this fiasco ever since, was firmly edged out and still the target of a possible charge.

Other flashing warnings should have made Sollecito’s family and legal team and book writers very wary. They included the immediate strong warning of a tough prosecution appeal to the Supreme Court. They also included the pending calunnia trials of Knox and her parents, the pending trial of the Sollecitos for attempting to use politics to subvert justice, the pending trials of Spezi, Aviello, and Sforza, and so on. 

A major flashing warning was right there in Italian law. Trials are meant to be conducted in the courtroom and attempts to poison public opinion are illegal. They can be illegal in the US and UK too but, for historical reasons to do with the mafias and crooked politicians, Italian laws in this area are among the world’s toughest. So mid-process, normally no books are ever published


4. Warning Lights About A Hasty Gumbel Contract

Many of the problems in the book are associated with a strident anti-Italy tone.  Well over half the false claims taken apart in this May 2014 post are FACTUALLY wrong in areas where Sollecito has no known knowledge or point of view.

For example, it was claimed that the Italian justice institutions are both very unpopular and corrupt. Neither is true, and almost no Italians believe that.

Sharlene Martin was first mentioned as Sollecito’s agent in the NY Times on 5 December 2011 when Sollecito had been swanning around the US west coast in an apparent attempt to, well, get her back in the sack. He was in a weak mode.

On 10 January 2012 Francesco Sollecito was reported in the Journal of Umbria as saying this about the purpose of the book 

“I have not done the math [the lawyers etc costs]. For good luck. I will do it after the ruling of the Supreme Court. It will be painful because the figure of one million euro of which one speaks is not far from reality.” This was stated to the weekly Today, on newsstands tomorrow, by Francesco Sollecito, father of Raffaele.
According to [Francesco] Sollecito, in case of confirmation of absolution, then there will be 250-300,000 euro compensation provided for the unjust detention of his son, this money will be enough only to pay the fees of the 12 consultants “that we had to appoint to succeed to refute the allegations.”

In the interview with the weekly, Francesco Sollecito denies that Raffaele has a girlfriend, as reported after the publishing of photos while kissing a girl: “Annie, the girl who appears with him in photos on Facebook is just a friend, in fact a sorta of cousin… “The priorities of my son right now are otherise.” What? “Raffaele has signed a contract with the American literary manager Sharlene Martin for a book, it is a definite undertaking “.

Apparently at this point Sharlene Martin had not been to Italy or spoken face-to-face with Francesco or the legal team. Whether she had briefed herself on the warning lights described above so that she could properly warn the US team of writer, editors, publishers and publicists is not known. 

5. Gumbel’s Shrill Record Of Sliming Italy

On 12 February 2012 Andrew Gumbel is reported in the NY Times as having got the co-writer job. During that period due diligence (if any) on his background would have been done, seemingly mainly by Sharlene Martin (if any) as a complaint of Sollecito’s team is that they could not look him over before he came on board.

Andrew Gumbel is not a lawyer, and in fact our own lawyers have repeatedly found silly his pretentious and inaccurate legal claims. Nor as far as we know does he have a track record as a ghost writer. His main claim to the job seems to have been based on his having been based in Italy with the UK Independent for nearly five years in the 1990s.

The 1990s were a pretty good time in Italy.

There was okay growth and jobs availability, record tourism, relative political calm before Berlusconi grabbed political and media power, many successful farms and firms, and a really push against the mafias - for which many brave judges and prosecutors had died.  The Italian food and wine were great, the cars and luxury goods were great, and Italy was home to about half of the finest medieval art in the world.

We checked it out: foreign reporters in Italy at the time did a fair and balanced job reflecting all of this. With seemingly only one notorious exception: the British reporter Andrew Gumbel for the UK Independent.

Apparently Gumbel could find almost nothing to like about Italy. In 5 years almost nothing to write a positive report on.

Brits relying only on his shrill reporting in the Independent may have thought Italy to be a very corrupt, lawless, politically and economically dysfunctional place, with nothing about it to like and no reason to visit. If they were bigoted, this could have made them more-so. Nasty stuff, and for foreign reporters in any country anywhere very unusual.

Below are the headers for most or all of Andrew Gumbel’s shrill reports from Italy.

Fair and balanced? The right guy for a delicate project with his client in a delicate legal bind? You decide.  We have highlighted in yellow all the reports with a negative bias, maybe true, maybe not. Of the total of 62 reports only 4 seem to us neutral or nice. Were the Sollecitos or their Italian lawyers or HarperCollins made aware by Gumbel or Sharlene Martin of Gumbel’s emotional negative bias?

    1. Gumbel Articles On Italy’s Government + History (25)
  • A sick economy shakes out the fake invalids. (growing economic problems in Italy make corruption less acceptable)
  • Bickering while Venice sinks.
  • Can Italy survive Dini’s fall? (prime minister Lamberto Dini)
  • Chirac consigns Italy to Europe’s second division. (French president Jacques Chirac)
  • Corruption on an Olympian scale.(Rome, Italy, seeks to host Olympic Games)
  • Facing up to Italy’s crisis. (Italy’s economic problems)
  • Glitz takes a back seat on road to Rome. (Romano Prodi begins electoral campaign in Italy) (Interview)
  • How the kidnap and rape of Dario Fo’s wife was ordered by Italy’s right-wing rulers.
  • Illegal migrants reach EU havens via Italy.
  • Italy waits for the gravy train to be derailed. (problems facing Italian railway system)
  • Italy ready for mission impossible: intervention in Albania could bring instability to Rome.
  • Italy heads back into a political void.
  • Italy struggles to shake off the legacy of Mussolini.
  • Italy’s Olive Tree fails to bear fruit.
  • Italy’s rich city prays for fall of nation state. (citizens of Bologna, Italy, strongly in favour of European Union)
  • New wave of state corruption stuns the Italians.
  • Past demons threaten Italy’s bid for change. (Italy fails to move towards a SEcond Republic)
  • Prodi’s dilemma: let the left win or surrender Italy’s drive towards Emu. (Italian Prime Minister Romano Prodi)
  • Rome’s magic circle. (deterioration of the Colosseum in Rome, Italy)
  • Scholars in a spin over Churchill link to the death of Mussolini. (claims that Mussolini was shot by British secret services)
  • Shouting could drown out Italian democracy. (serious political clashes damage reputation of Italian parliament)
  • So, were there offers he should have refused? (trial of Giulio Andreotti)
  • The Nazi and the protection racket. (controversy over trial of former Nazi Erich Priebke in Italy)
  • Venice’s grand opera descends to farce. (dispute hampers rebuilding of La Fenice opera house)
  • Why Italy cannot bring war criminals to justice.
  • 2. Gumbel Articles On Italy’s Scenery, Art, Music, Fashion, Culture (2)
  • Il Papa brings on Dylan for a taste of the devil’s rhythms. (Bob Dylan to perform for Pope)
  • Inside the Assisi basilica, a sight to make saints weep. (challenges involved in restoration of art treasures from Basilica of St Francis in Assisi, Italy)
  • 3. Gumbel Articles On Italy’s Economy + Business (8)
  • A nation that brings its style to the track. (many changes to Italian rail network)
  • All is not bene among the united colours. (problems facing Benetton)
  • Berlusconi consolidates his rule over the Italian air waves. (former prime minister Silvio Berlusconi)
  • Ciao Gianni, but now what? (Gianni Agnelli resigns as chairman of Fiat)
  • Climax of Italy’s TV war. (referendum on whether Silvio Berlusconi should sell his television channels)
  • Italy’s new crop stifled in the shadow of a paradise lost.(problems affecting the Italian motion picture industry)
  • Murdoch pursues Italian television. (News Corp seeks stake in Silvio Berlusconi’s media empire).
  • The dark world behind Versace’s life of glamour. (murder of fashion designer Gianni Versace)
  • 4. Gumbel Articles On Italy’s Justice, Crime, Corruption,  Mafias (24)
  • Accidental death of an anarchist comes back to scandalise Italy. (three men convicted of murder of police commissioner Luigi Calabresi in 1972)
  • A fashion label that really is to die for .... (murder of fashion designer Maurizio Gucci may have been instigated by his former wife)(Column)
  • After the suicide, a wall of silence. (new type of Mafia activity in Sicily)
  • Amnesty offers Italy chance to forget its years of terror. (Italian government pardons six people involved in Red Brigades terrorist group in 1970s)
  • Andreotti to face trial on Mob links. (former Italian prime minister Giulio Andreotti to stand trial for consorting with the Mafia)
  • Another black mark against Italy’s judges. (Italy’s anti-corruption magistrates lose their credibility)
  • Arrest us, but we’ll be back next week. (three Italians with Aids use legal loophole to rob banks)
  • Backlash threatens to silence informers. (controversy in Italy over Mafia informers)
  • Bloody end of a fashionable affair. (murder of Maurizio Gucci)
  • Fake invalids at heart of Italy’s postal scandal. (postal service employs many invalids, but some are fakes)
  • Fear and loathing in the Alto Adige. (serial killer murders six people in Merano, Italy)
  • Godfather’ village baffled by murders. (Sicilian town of Corleone)
  • God’s Banker: ‘He was given Mafia money and he made poor use of it.’ (investigation into death of Italian banker Roberto Calvi in 1982 may soon be concluded)
  • Gucci: hell for leather. (Patrizia Gucci convicted for contract killing of former husband Maurizio Gucci)
  • How Cosa Nostra’s cunning outfoxed the Italian state. (Mafia’s criminal network still operating in Italy)
  • How Italy failed to trap its Monster. (failure to bring serial killer in Florence, Italy, to justice)
  • Italy’s men of violence throw off the state’s chains. (revival of the Mafia in Italy)(includes details of murder of magistrate Giovanni Falcone)
  • Mafia trawls Venice’s dark lagoon. (organised crime in Venice, Italy)
  • Mysteries unravel as mafiosi spill secrets. (Italian gangsters make confessions)
  • One woman’s dangerous and lonely battle to break the Cosa Nostra. (challenges facing Maria Maniscalco, mayor of San Giuseppe Jato, Italy)
  • Rome turns a blind eye to Mafia’s killing spree.
  • Secret of why the Mafia has never shot a soul. (code of silence about Mafia in Sicily)
  • Street wars in Italy’s wild south. (high crime levels in Naples, Italy)
  • Who killed Pasolini? (new film about the murder of Pier Paolo Pasolini)
  • 5. Gumbel Articles On Italy’s Physical Disasters (3)
  • After the deluge (eruption of Mount Vesuvius in Italy will create chaos)
  • Assisi in mourning as quake shatters Basilica of St Francis.
  • Umbria shows the civilised way to cope with calamity. (effects of series of earthquakes in Italy)


6. Conclusion And Next Posts

This list was checked out with half a dozen posters resident in Italy at the time. All of their reactions were to the effect that, in lying by omission, Gumbel did not play fair with Italy back then. A trivial mind. One which should have been fought off with a stick.

The next posts seek to identify what Gumbel and the Knox misrepresenters (said to be primarily the Moores, Sforza and Fischer) were responsible for putting in the Sollecito book, and to describe Andrew Gumbel’s vigorous public media campaign. Whether authorized or not authorized, he made around 20 shrill damaging interventions.


Saturday, February 07, 2015

Sollecito On Italian TV: Seems RS And AK Selling Out One Another Is Gravitating To A Whole New Plane

Posted by Peter Quennell





Nearly 30 instances of Knox and Sollecito selling out one another since 2007 were described here.

In addition to those,  their two books also took some subtle whacks, and also there have been some other media instances since. Sollecito took several more whacks at Knox on the national crime show Porta a Porta last night.

That and his bland evasive, nervous manner seems to have done himself harm too. Italy has watched this tired show too often now, and it was Porta a Porta back in 2012 which first surfaced false accusations of crimes in his book for which he is now on trial in a Florence court.

Amazingly, Sollecito admits to stalking and harassing Meredith’s family, which under Italian law (and UK law and US law) for the protection of victims and their families is itself a felony crime. There should be no attempts at communication with them at all. Knox too has been harassing and stalking the family, and dangerously encouraging the more unstable of her followers to follow suit.

Our main poster Jools kindly translated this from the newspaper for Sollecito’s home town. Note the passages in bold.

Raffaele’s Truth

Sollecito guest of “Porta a Porta” told his side of the story about the murder of Meredith Kercher

“Yes, I have thought I could be going to prison, for me this is astonishing. I done nothing, I have nothing to do with it and there is nothing that places me on the crime scene in a factual manner.” Words pronounced by Raffaele Sollecito during the Rai 1 program “Porta a Porta”, hosted by Bruno Vespa. The computer engineer from Giovinazzo is accused of the murder of British student Meredith Kercher, which occurred in Perugia the night between 1 and 2 November 2007.

In seven years there have been four trials. Convicted in first instance trial with Amanda Knox, Sollecito was acquitted on appeal court. But that appeal court decision has been annulled at the Court of Cassation, leading to a new conviction sentence of 25-years. In March, exactly on the 25th, Raffaele Sollecito will face the final instance of the process. In prison for the time being there is only the Ivory Coast national Rudy Guede, who is serving a definitive 16-year sentence. “My life did not changed on the night of the 1st and 2nd November – said Sollecito pressed by Bruno Vespa - but when the investigators took me to jail. Knowing, meeting, making the acquaintance of Amanda fatally brought me into this hell.”

Raffaele’s life is suspended pending the final verdict, while Amanda Knox lives in the United States where she works writing theater reviews for a local newspaper in Seattle and is considered a victim of the Italian judicial system. “I can not answer for Amanda,” Sollecito reminded Vespa and then retraced the events of that night: “From around the hours of 20:30/21:00 I was home - said the accused - and I did not go out to Via della Pergola with Amanda when she went back. I stayed behind sleeping. At that time of my life I was smoking a joint every now and then, especially if I was in company - he admitted - and that night I smoked a very small amount present in my drawer. In fact, the investigators did not find anything because it was a little amount totally smoked.”

This would justify the sketchy memories in relation to those hours. Raffaele Sollecito does not remember when Amanda came back to the apartment but he is certain, “Amanda did not sleep at my place” [Ed note: mistake here, he said Knox did sleep at his place.] About the strange way the American woman behaved in the hours immediately after the murder, Sollecito reiterated that, “Amanda explained during the court hearings of being frightened during the interrogation.”

Just like the American student at the time, Sollecito wanted to stress of having suffered “relentless pressure from the investigators. They told me I would never be released from prison. They kept me 15 hours under interrogation. I fell into contradiction for not understanding what day they referred. They took off my shoes, leaving me barefoot, thinking that those shoes were the ones I was wearing during the murder. Then they admitted my consultant was right after eight months – he stressed - about the shoeprint found in Meredith’s room, while we had already provided that proof after 2 months. It was my consultant to find the inconsistencies of the prosecution.”

The morning the body of the poor British girl was found, Sollecito recounts, “Amanda told me that she saw the shattered window [panes] and the door to her house wide open and that she thought her roommates had gone to take out the garbage. There were a few drops of blood when I arrived. Meredith’s door was key locked and I told Amanda to call her roommates and Meredith.” In any case, following a question by Vespa he specified, “I don’t think Amanda killed her. It doesn’t seem possible. I would have noticed something. This argument seems to me unlikely. But she must respond herself to these allegations, not me.”

Things did not go well and then came the judicial ordeal that still continues and that rather involves him personally. Raffaele is certainly different, now an IT graduate who struggles to find work, but who still wants to shout to the world his innocence after 7 years. He watched the images of his fellow citizens and friends defending him during a broadcast report and recounts of having tried to contact the victim’s family, “I have tried several times to talk to Meredith’s parents - he said -. If the facts are looked at in an impersonal way one understands that a lot of mistakes were made. I sent a letter to Dr. Maresca their legal representative, with not getting any replies. Even my family has tried to contact them, without them ever coming to approach.”

The question mark with which Sollecito will be arriving on March 25, the date of the trial before the Supreme Court, remains the same for a long time: “What motive did I have to hurt Meredith? This is about having justice on what is the truth.” One truth and a justice that now are in the hands of the Roman judges.

In fact as most Italians know Sollecito was interrogated quite briefly that night and the only pressure was from his own phone records, showing he had lied. Knox was not formally interrogated at all. Her ONLY pressure came directly from him.

Our main poster Yummi suggests that what was going on here could be this:

The purpose of his show seems to me to be to point out the “difference of positions” between Sollecito and Knox. I think it is obvious that this is the main “message” of the Porta a Porta show; and I talk not just about the content of his interview, but also the whole setting, the framework including the journalist’s report on the show about the Florence trials in which the “main points” of his defence were described..

Sollecito does not make explicit statements to put more distance between him and Amanda, not more than he already had. But the theme of “difference of positions” is highlighted, and he even draws attention to some known inconsistencies such as the open/closed Filomena’s door.

Indeed he himself makes a declaration contradicting his own statements to the police and to Judge Matteini, and in his own diaries (in the show he says “socchiusa”, but he wrote “spalancata” in his prison diary and this is what he stated to the investigators too); but what he tries to do in the show is to point out himself the inconsistency as something that is responsibility of Amanda, one of the things “she should explain”.

The report - to which his attorneys may well have contributed - points out that the “main defence points” at the Florence trial were:

1) that “Raffaele is not Amanda” (he happens to be implicated because of evidence against Amanda), and

2) that Amanda herself does not place Raffaele Sollecito on the scene of crime in her statements; it is remarkable that Sollecito highlights the content of Knox’s statements from Nov. 5-7 rather than her subsequent claims; and the same defence arguments even imply that Knox does not place herself in the company of Sollecito at all..

Another point that I found remarkable, was when Sollecito points out how it was “a judges’ finding” that he was a “collateral effect” [sic]; I mean it is glaring that he quotes the courts as a source that adds credibility to his theory.

So by the end I thought the setting of this show included “help” given to the journalist Vanni by Sollecito’s attorneys, and I think the purpose is obvious, if we want to see it as a kind of message-in-a-bottle to the Supreme Court on approaching the March 25th hearing.

It is basically a point of law, that is that the evidence against Amanda Knox should not be transferred onto him. This is the aspect he really wants the Supreme Court to review. Amanda Knox has “things to explain” and he should not be demanded to answer for them.

As Knox might now want to point out, there is of course very extensive evidence tying Sollecito to the crime. Consider this and in particular this.

Posted on 02/07/15 at 05:51 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Thursday, February 05, 2015

Jutice System Comparisons #2: Canada’s Tough Penalties For Slander, False Accusations, Perjury

Posted by Chimera



Supreme Court Of Canada in the capital Ottawa

1. Overview Of My Multi-Part Series

My first piece on the ‘‘Canadian Perspective’’ of criminal law appears here.

That first article focused on an overview of Canadian law, and the punishments that would have been forthcoming coming for murder.  In the case of Amanda Knox, Raffaele Sollecito, and Rudy Guede, they would have been tried for first degree murder, as it happened during a sexual assault, and while the victim was restrained. 

Here are some key differences between Canada and Italy for such a murder case. In Canada:

  • First degree murder would be the charge, in this case no need to prove intent
  • The sentence for 1st degree is life, with the possibility of parole (which is for life), after 25 years
  • Unlike Italy, plea bargaining is possible, and happens frequently
  • During the trial, accused could only make statements under oath (and face cross examination)
  • An appeal to the Provincial Court of Appeals could be filed, but if baseless, would not be heard
  • A Supreme Court of Canada appeal would certainly not be heard if the first appeal was so weak
  • Skipping out on your trials (or appeals), would likely get your bail revoked
  • Leaving the country to go sunbathing, would likely get bail revoked on ‘‘risk of flight’’ grounds

And Canada would have been similar to Italy on these measures:

  • Bail, or ‘‘house-arrest’’ prior to trial would have been extremely unlikely
  • Giving interviews or media appearances while the case is open is VERY unwise
  • If convicted, they could make open statements at sentencing
  • Writing books or getting movie deals (cashing in), would not be permitted

This second post addresses all the other crimes and alleged crimes of Sollecito and Knox mostly to inflame public opinion to lean on the court.

I list first all of the crimes, then the relevant Canadian law, and finally the penalties Sollecito could have faced under that fairminded but firm law.

2. Slander, and False Accusations, and Perjury by AK and RS

1) Much has been made of the false accusation Amanda Knox made against Patrick Lumumba November 5th/6th, 2007.  The American media reported it as a false confession.  In one context they are correct, it was a confession in that it placed her at the scene, at the time of the murder.  However, since she claimed to witness someone else murdering Meredith Kercher, it was in fact a false accusation.  She knew all along Lumumba was innocent. That calunnia got Knox an additional year in prison from Judge Massei.

2) Not content with accusing a man decent enough to give her a job (despite her lack of a European work permit), Knox went further, and claimed she only said that she signed those statements because some officer (whom Knox much later names as Rita Ficarra), smacked her around.

3) In her December 2013 email to the Florence Appeal Court Judge Nencini, Knox goes so far as to refer to her mild questioning as ‘‘torture’‘.  This woman really doesn’t learn.

4) Knox still faces separate charges for the accusations against the police, operative when Judge Hellmann stunningly let AK and RS out.  Although, in a totally inexplicable move (one of many), Hellmann said the accusation was made under duress, not to mislead police—and then increased her calunnia sentence from 1 year to 3.

5) Knox and Solleito each published ‘‘memoirs’‘, Sollecito in September 2012 by Simon and Schuster, and Knox by HarperCollins in April 2013. The books made many claims of corruption, verbal and physical assault, incompetence, judicial fraud, and abuse of due process.  Too numerous to detail here, but TJMK has posted may times on them.  Again, Knox really doesn’t learn from her mistakes.

6) And her ‘‘Knife-Boy’’ drug/fuck-buddy doesn’t seem to learn either.  Both are facing new charges, and at the time of writing, Sollecito and his co-author (now mere ghost-writer??), Andrew Gumbel are facing hearings. Sollecito’s Dad Francesco admits the ‘‘deal’’ with prosecutors to turn on Knox never happened.

7) Knox appeals to the European Court of Human Rights, which will prove amusing as her own lawyers have publicly denied she was assaulted by police.  Again, does she ever learn?

8) Knox made numerous false accusations in her book, some of the worst of which were published in the Italian magazine ‘Oggi’

9) Knox made false accusations of an illegal interrogation which have zero grounding in facts.

10) Knox and Sollecito make many accusations on television interviews too.  To repeat myself: these two really don’t learn.

Although to be complete, Edda Mellas (Amanda’s Mother) doesn’t seem to learn either.

3. Canadian Law For These Kinds Of Crimes

If you level accusations against police officers, officers of the court, or prison officials, by law they must be investigated.  These types of accusations can destroy careers, but even for the ‘‘lucky’’ ones, they are never the same.  This extends to people such as teachers, who have been forced out of teaching due to malicious students.

It really doesn’t matter if you file a formal complaint, post it on the internet, write about it in a book or magazine article, or on television.  Complaints, such as the ones listed above, have to be investigated, in fact it is the same in Italy, the U.S., U.K., or Canada.

Falsely accusing someone of a crime in Italy in a court or to the police is referred to as ‘‘CALUNNIA’‘, which is not quite the same thing as slander, it is worse, with prison terms.

Falsely accusing someone as a crime in the United States is ‘‘OBSTRUCTING JUSTICE’‘.  Different name, same crime.

Guess what, Folks?  You can’t do that in Canada either.  It is called ‘‘PUBLIC MISCHIEF’‘.  Different name, same crime.

If you level accusations against police officers, officers of the court, or prison officials, by law they must be looked into.

Quoted directly from the Canadian Criminal Code:

140 Public mischief

(1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by

    (a) making a false statement that accuses some other person of having committed an offence;
    (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
    (c) reporting that an offence has been committed when it has not been committed; or
    (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

(2) [Punishment] Every one who commits public mischief

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
    (b) is guilty of an offence punishable on summary conviction.

    Had Amanda Knox been in Canada when she levelled her false accusation against Lumumba, she would be guilty of cc. 140.  This is something that Judge Massei (2009), Judge Hellmann (2011), and Cassation (2013), all agreed that she did.

    But look at 140.(1)(b)  ‘’ ... Doing anything to cause some other person to be suspected of having committed an offence that the other person had not commited .... ‘’‘.  Yes, all the Courts agreed that happened.  However, consider those last 6 words….

      ’‘.... OR TO DIVERT SUSPICION FROM HIMSELF….’‘

    This was a key difference between Hellmann (2011), and Cassation (2013).  Hellman said that Knox levelled the accusation against Lumumba out of duress, while Cassation said, no, it was ‘‘to divert suspicion from herself.’’  This difference is what resulted in having the aggravating factors attached to Knox’s (now final) calunnia conviction.

    While the fallout from falsely accusing police officers is not over, Knox will likely still have to face those same aggravating factors ahead.  The Courts will reasonably believe that she made up those lies (such as about Migini and Ficarra), to divert suspicion from herself, or to obstruct the process for her murder charge of Meredith Kercher.  After all, Cassation has already ruled that Knox framed Patrick Lumumba to divert suspicion.

    Regarding punishment, public mischief is a ‘‘hybrid offence’‘, meaning the Crown Prosecutors could proceed summarily (lesser) or by indictment (felony).  Since it was to cover up her involvement in a murder, the Prosecutors would certainly have gone by indictment, and Knox would be facing up to 5 years.

    Facing 5 years in Canada, or 6 years in Italy…?  Hardly a significant difference.

    And, if you don’t think that people go to jail in Canada for levelling false accusations, think again.  See the examples here:

    CanLII Website

    Bonnie Ann-Ambrose (of Alberta), 1998, received a 2 year sentence for falsely accusing a police officer of sexual assault.  On appeal, however, the sentence was reduced, she got time served plus 1 additional year in the form of a ‘‘conditional sentence.’‘

    CanLII Website

    Stacy Little (of British Columbia) in 2001, received a 9 month jail sentence for making false accusations of being sexually assaulted while in custody.  She actually got her boyfriend to call and get the investigation launched.  However, it was reduced to 3 months on appeal.

    CanLII Website

    Tina Brun (of New Brunswick), in 2004, reported that she was the victim of a robbery, and it led to 4 youths being arrested.  Brun later admitted it was all a lie.  She received a 3 month jail sentence for the false accusation, and the New Brunswick Court of Appeals confirmed the sentence.

    CanLII Website

    Steven Mankala-Proulx (of Quebec), in 2013, received a 90 day intermittent (weekend) jail sentence, for getting his mother to make a false complaint against a police officer attempting to make a routine stop.  The allegations were for following him, dangerous driving, and fleeing the scene.  The mother did not know the accusations were false, and Steven had not wanted his mother to be angry with him.  The accusations triggered a mandatory investigation, and resulted in the officer being transferred.

    CanLII Website

    Martin John Zeek (in British Columbia) was found guilty of public mischief (cc 140), and fraud (cc 380(1)).  He received 1 year in prison for reporting his refrigeration trailer stolen.  The sentence was confirmed on appeal.”>

    While these sentences are lighter than what Amanda Knox had received, none of the above falsely accused anyone of murder.

    The ‘‘Friends of Amanda’’ frequently criticise Italy’s ‘‘Stone-Age slander laws’‘, but Commonwealth countries like the U.S. and Canada do not allow people to make false criminal accusation either.  Nor does the U.K.

    Canada will not protect such people for the simple reason that we Canadians don’t tolerate such acts either. And while this article covers criminal penalties—a conviction can form the basis of a VERY expensive civil lawsuit.

    Just something to think about—it is NOT free speech.  Nor is a related action: PERJURY.

    Quoted directly from the Canadian Criminal Code:

    Misleading Justice

    [Marginal Note Perjury]

    131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

    [Marginal Note Video links, etc.]

    (1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.

    [Marginal Note Idem]

    (2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.

    [Marginal Note Application]

    (3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement.

    [R.S., 1985, c. C-46, s. 131;  R.S., 1985, c. 27 (1st Supp.), s. 17; 1999, c. 18, s. 92.]

    [Marginal note:Punishment]

    132. Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

    R.S., 1985, c. C-46, s. 132; R.S., 1985, c. 27 (1st Supp.), s. 17; 1998, c. 35, s. 119.

    [Marginal note:Corroboration]

    133. No person shall be convicted of an offence under section 132 on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

    R.S., 1985, c. C-46, s. 133; R.S., 1985, c. 27 (1st Supp.), s. 17.

    [Marginal note:Idem]

    134. (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction.

    [Marginal note:Application]

    (2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation.

    Those free statements Knox, Sollecito and Guede could stand up and make in court…. they would have to be sworn in.  Under oath.

    And if they said anything provably false, they could face a perjury charge as well.

    As these defendants would likely be lying to clear themselves of murder, it would be an indictable offence, and they could get 14 years each just for that.

    And ... Canada puts perjurers in prison as well. See the examples here:

    CanLII Website

    James John Jack (of British Columbia) in 2008 was arrested on drug charges, and convinced a female friend to lie, to get him off the hook.  When it was proven, he received a 2 year jail sentence for perjury.  The original drug charges were dealt with separately.

    CanLII Website

    Victor Akinyemi (of Ontario), in 2011, falsely reported his vehicle stolen in order to fraudulently obtain insurance money.  He signed sworn statements.  He received 3 months.  The Judge noted that the principles of denunciation would not be met with house arrest.”>

    CanLII Website

    Grant Henry Johnson (of British Columbia) received a 3 year jail sentence for falsely testifying that he had done an armed robbery in order to protect another person from being convicted.  He tried to claim Charter of Rights Protections within the Canada Evidence Act, but that defence failed.  Sentence was upheld on appeal.

    CanLII Website

    Waverly Kendall (of Newfoundland), in 2007, received a 3 month jail sentence after she signed a false statement claiming that she sold a car for $1000 (when it was actually for $6000), to lower the tax bill of the person who bought it.  She lied under oath at a judicial proceeding.



    4. Possible Penalties Under Canadian Law

    These are what Sollecito and Knox could have incurred.

    • Knox would have been charged with public mischief (cc 140) for falsely accusing Patrick of attacking Meredith.  Jail time for certain.
    • Knox would have been charged with public mischief (cc 140) for falsely accusing police of assaulting her.  Jail time very likely.
    • Given how contradictory Knox’s June 2009 testimony was, Mignini could probably have gone for perjury (cc 131). Jail time very likely.
    • Edda Mellas, if it could be proven she lied about Amanda’s phone call, could face perjury charges (cc 131). Jail time possible.
    • Sollecito, in 2011 appeal, said Amanda was at his apartment, but gave conflicting statements to police.  Perjury and jail time quite likely.
    • Rudy Guede, as his testimony changed, could have been charged with perjury (cc 131). Jail time very likely.
    • All of the claims of AK, RS and their supporters, if they sparked official investigations, could lead to additional charges of public mischief (cc 140).  Jail sentences possible for some.  Too numerous to list, but you get the idea

    Again, it really isn’t free speech ....

     

    Complete Listings

    1st post appears here:  An Overview.

    2nd post appears here:  Public Mischief and Perjury

    3rd post appears here:  Bail, Extradition & Other Crimes

    4th post appears here:  Canada v.s. the U.S.A. (Part 1)

    5th post coming soon: Canada v.s. the U.S.A. (Part 2)

    6th post coming soon:  Canada and our Family

    7th post coming soon:  Loose Ends, and Reader Request

    Posted on 02/05/15 at 09:59 AM by Chimera. Click screenname for a list of all main posts, at top left.
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    Tuesday, February 03, 2015

    To Create Points With More Traction For His Yawnfests, Mr Heavey Convenes A Mock Court…

    Posted by Grahame Rhodes





    “Right” said Mr Heavey “I have convened this mock court to replace some of our failing arguments against the mountain of pesky evidence implicating our little cherub, Amanda Knox”

    “Amanda of course is innocent. We all know that. Guede was the sole attacker, and Amanda and Sollecito were not there and all of Italy has got it wrong. Let’s begin with some of the pesky items we have not yet shaken, and see if we can explain them away.”

    (1) The numerous DNA traces in the cottage itself that were a mix of Meredith and Amanda.

    (2) The DNA of Sollecito strongly showing on the bra clasp.

    (3) The imprint of the murder weapon in blood on the bed sheet that matched exactly the knife found in Sollecitos kitchen carrying Merediths and Amandas DNA. The same knife Sollecito claimed that Meredith cut her finger on even though she had never been to his apartment.

    (4) Sollecito small knife matching the small wounds on Meredith neck.

    (5) The shoe imprint under Merediths body which matched Amanda’s shoe size.

    (6) The bloody imprint on the bathmat which was proven to be Sollecitos.

    (7) Knox’s lamp in Meredith’s bedroom with no fingerprints, and only one fingerprint of Amanda’s in the entire cottage, which proved once again that there had been a cleanup

    (8) The break-in with the glass on top of the clothes in the bedroom proving that the room was ransacked before the window was broken.

    (9) The break-in through the window even though it was an impossible wall to climb and the soil outside had not been disturbed even though it had been raining.

    (10) The extensive cell phone evidence.

    (11) The extensive computer and internet evidence.

    (12) Sollecito saying nothing had been stolen even though he could not know for sure as the room been ransacked.

    (13) Amanda knowing the precise position of Meredith’s body even though she could not see into the room where Meredith died.

    (14) The many witnesses against Knox including the girls who lived with Meredith.

    (15) Amanda accused an innocent man, her kindly employer Patrick Lamumba, and let him languish for two weeks.

    (16) Amanda and Sollecito each change their stories three or four times.

    (17) Amanda voluntarily writes a list of other suspects for the police with no coercion.

    (18) Amanda writes several so-called confessions.

    (19) The autopsy definitively proves more than one attacker.

    (20) Our DNA contamination claim totally unsupported.

    (21) Amanda not actually interrogated for over 50 hours by teams of policemen, which she confirmed in her book.

    (22) The numerous lies about justice officials from Amanda and Sollecito which they repeated in their books.

    (23) Sollecito accused Amanda of making him lie and denying her alibi whereupon Amanda broke down and screamed and admitted she was there covering her ears.

    (24) Amanda’s and Sollecito’s pallid demeanor the next day.

    (25) Amanda has sex with a drug dealer in exchange for drugs up to day of arrest .

    (26) Amanda smells like rotten eggs the next morning indicating possible use of cocaine or crystal meth.”

    “Right! First, thanks to our audience which consists mostly of Michelle Sings Easterly Moore and Edda Knox. And now we hear from our experts, Steve Moore, Bruce Fischer, Curt Knox, and Chris Mellas.

    “After we have these ones nailed there will be a couple of hundred more. I will be writing to the new Italian President again soon to set Italy right, as that worked so well for us before…”

    Posted on 02/03/15 at 09:33 AM by Grahame Rhodes. Click screenname for a list of all main posts, at top left.
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    Sunday, February 01, 2015

    Meet The New President Of The Republic Of Italy; Dr Mignini Was Also One Candidate Named

    Posted by Peter Quennell





    Constitutional court judge Sergio Mattarella (image above) has been elected the new President of the Republic of Italy.

    He follows President Giorgio Napolitano (shown below voting) who recently decided to step down. He becomes the ultimate head of the Italian justice system in addition to other functions.

    He was the firm favorite of the party of Prime Minister Renzi so his winning the final vote by more than 2/3 of the 1,009 parliamentarians and regional officials eligible to vote (see images of voting below) was not surprising.

    Dr Mignini’s name was also placed in the first round of the balloting, seen as a form of honor for him for his fine career work and especially his admired success in bringing the Monster Of Florence case to a conclusion with strong evidence pointing to Narducci as the killer - and strong evidence pointing to Spezi and Preston as having tried to pull off a despicable self-serving hoax.

    The AFP reports this about the career of President Mattarella.

    The president-elect is little known among the general public but is a respected figure in political circles after a 25-year parliamentary career and several stints as minister in governments of the left and right.

    He entered politics after his elder brother, who was president of the region of Sicily, was murdered by the Mafia in 1980.

    Renzi’s backing for Mattarella was interpreted as the end of the temporary alliance the premier had forged with his disgraced forerunner [Berlusconi] in order to drive labour market and electoral reforms through parliament.

    Mattarella is seen as an “anti-Berlusconi” figure, having switched sides from the political right to the left in the 1990s, partly because of his distaste for the media tycoon, who still heads the opposition Forza Italia party despite a tax fraud conviction.

    Berlusconi was reported to be feeling “betrayed” by Renzi.

    He had ordered his party to cast blank ballots in the vote, but 35 members out of 142 present for voting ignored his orders, signalling a rift within Forza Italia.

    “The PD had to show it was the backbone of the system and it did,” Ezio Mauro, editor-in-chief of Italian paper La Repubblica. “For Berlusconi it is certainly a major blow.”

    The Forza Italia leader was believed to be hoping for a sympathetic figure to be installed as president to increase his chances of winning a pardon over his criminal conviction which would allow him to return to parliament.

    With regard to Dr Mignini, the Italian Constitution says that any citizen above the age of 50 may be elected President of the Republic no matter if he is a candidate or not: there are no official candidates under the Constitution, and he/she may accept or refuse if elected.

    Reportedly the vote for Dr Mignini was cast by Elector Andrea Lignani Marchesani the influential political leader of Umbria. He had declared that he wanted to devote an inscription vote to Prosecutor General Mignini to honor “his honesty, his independence and his standing up to intimidation from meddlesome forces”.

    This mainly refers to Dr Mignini’s unyielding pushing ahead on the Narducci case, but he is also widely admired for refusing to be intimidated by the pro-Knox and pro-Sollecity forces. He is not active in politics.

    Former President Napolitano actually had a role in Meredith’s case, in that he chose to ignore a petition by some pro-Berlusconi parliamentarians to investigate the Perugia prosecutors for their roles.

    If the case crosses his desk President Mattarella can be expected to take the same pro-justice line.











    Posted on 02/01/15 at 12:12 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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    Friday, January 30, 2015

    Summaries Of The Nencini Report #1: The Attention Directed To Various Crucial Timings

    Posted by Cardiol MD



    [Florence Palace of Justice at night]

    1. Overview Of This Series

    The court-ordered repeat of Knox’s and Sollecito’s appeal concluded in Florence a year ago.

    On 25 March of this year Paolo Antonio Bruno, the Supreme Court lead reviewing judge, will present to his colleagues on the bench his findings and recommendations on Judge Nencini’s findings and verdict.

    Between now and then we will be posting on areas of the report which make the final conclusions firm and, we believe, have the defenses pretty stumped

    The Nencini version we use is the PMF translation introduced here. The full report can be read in HTML format on the Wiki and downloaded in Acrobat format from PMF.


    2 Approach To This Summation

    The Nencini reports builds on and essentially endorses the outcomes of three previous courts: Micheli 2008, Massei 2009, and Cassation 2013.

    Despite the lengths of those reports, no court described from all angles every piece of evidence, and the most persuasive 1/4 of the trial in closed court in 2009 (the autopsy and the recreation of the attack) have never been publicly fully reported upon. 

    TJMK has posted summaries of all of those reports: see the Micheli Report, the Massei Report. and the Cassation report.

    Summarizing requires selection, deciding what to include and what to omit. The aim here is to emphasize the points to which the Judges seemed to attach the most weight. What was in the minds of the Judges can be inferred only from the words of the report; their sequence tends to be chronological, rather than determined by relative importances they conclude.

    The Knox, Mellas and Sollecito misinformation campaigns dont wat you to know this, but with the exception of translations by Andrea Vogt, no main stream media in the US or UK has yet translated or summarized or even excerpted any of those reports. Most did not even mention them at all.

    3. Phone Records On Coordinated Universal Time Protocol

    The CUT protocol is used for civil telephone time-keeping all over the Earth’s surface, including in Italy, the U.S. and the U.K.

    Coordinated time-keeping assures that the time assigned to a telephone event is accurate and very precise, independent of where it occurs. Uncoordinated Time-keeping can result in a time being assigned to a telephone event even before it actually did occur.

    Although not explicitly pointed-out in the Nencini Report or other official reports and documents, CUT is the protocol used for all telephone-traffic times, mobile and landline, involving all users referred-to; they are precisely recorded, their very existence, their start, their end, their duration, and even their location. Only their content is protected.

    Therefore there is a wealth of information about which there is no doubt at all with regard to the existence and the time-sequence of ‘phone traffic, which is selected for inclusion in Nencini here:It’s almost as if the ‘phone users are wearing criminal-offender’s ankle bracelets. CUT records enable decisive challenge to the credibility of a false witness (impeachment).

    1. Timing of The Lumumba Text Traffic

    Nencini finds that Amanda Knox was not at Sollecito’s at 20:18 and 12 seconds when she received Patrick Lumumba’s text message,  but was at Sollecito’s at 20:35 and 48 seconds when she responded to Patrick Lumumba’s text message. and her claim that she was there both times is false.

    {Ed: Furthermore, although mentioned in TJMK but not mentioned by Nencini, Knox was not due at "Le Chic" until 10: pm, it is implausible that at 8:18 pm she was on her way to work. More than 17 minutes are left unaccounted-for. Given the local geography, those 17 minutes unaccounted-for provide ample time for Knox to go to her own apartment and, before Meredith's return at 9:pm, take the rent money never-otherwise accounted-for.}

    2. Timing of Meredith’s Murder #1

    The murder of Meredith Kercher was committed between 9:00 pm on 1 November 2007, when she returned to her rented apartment at the Via della Pergola cottage, and 00:10:31 am on 2 November 2007 when “her” stolen mobile phone was found by its receipt of CUT-timed call to have been located at the garden of the residence of Elisabetta Lana at no. 5\bis Via Sperandio, in Perugia.

    The phone had last been used to make an attempted internet connection from the cottage at 10:13:29 hours (9 seconds duration) on 1 November 07.

    3. Timing of Meredith’s Murder #2

    [63-64] “It is certain that at about 9:00 pm Meredith Kercher said goodbye to her friend before going home, and was therefore still alive at that time.

    Investigations of the phone records establish that the mobile phone containing the English SIM card issued a signal at 00:10:31 am on 2 November 2007 that was intercepted by the cell tower no. 25622, a cell tower that could not be affected by signals coming from Via della Pergola, but that intercepts signals coming from Via Sperandio, a road where the mobile phone had been abandoned after the murder by the homicide perpetrators.”

    Therefore at 00:10:31 am (ten and a half minutes past midnight) on 2 November 2007, Meredith’s murder had already occurred.

    4. Timing Of Alibis of AK And RS

    [140] “Thus, it can be affirmed at this point that, on the basis of the statements of both the witnesses, and on the basis of the picture emerging from the phone records previously noted, Amanda Marie Knox was lying when she was provided her second version of the events that occurred on the afternoon of 1 November and on the morning of 2 November 2007.

    The alibi provided by Amanda Marie Knox – of having returned to Raffaele Sollecito’s home in the late afternoon of 1 November 2007 and of having remained there, in the company of the co-accused, until 10:00am in the morning on 2 November 2007 – does not correspond to the truth.

    Based on the precise witness testimony of Antonio Curatolo and Marco Quintavalle, which this Court finds credible for the reasons expressed, Amanda Marie Knox and Raffaele Sollecito, from 9:30pm to around midnight of 1 November 2007 were seen in Piazza Grimana on multiple occasions, a few yard from the cottage at no. 7, Via della Pergola, where, in the same span of time, the murder took place.

    Amanda Marie Knox went to Marco Quintavalle’s Conad shop around 7:45am on 2 November 2007, obviously in search of something to buy that she could not find. She was noticed by Mr. Quintavalle who, at the trial, identified her with certainty in the courtroom. So we are able to affirm that Amanda Marie Knox was lying when she claimed to have slept at Mr. Sollecito’s house in his company until 10am in the morning on 2 November 2007.

    Having already been proven false by witness testimony, the alibi given by the accused is also proven false by comparing it with objective data, which tallies with the witness testimony referred to above.

    [141] First of all, the examination of the phone records.

    From the phone records in the court file, it is apparent that Raffaele Sollecito’s mobile phone remained inactive from 8:42:56 pm on 1 November 2007 until 6:02:59 am on 2 November 2007; switched off or in any case “out of range” of the signal.

    It emerges from the records that the last telephone contact engaging his device dated 1 November 2007 is the call at 8:42:56 pm received by the father, Francesco Sollecito, during which Raffaele spoke to the father about the broken pipe in the kitchen; the subsequent contact at 6:02:59 am on 2 November 2007 was the SMS [text message] sent to him by the father, Francesco Sollecito, and which was generated by this latter’s telephone at 11:14 pm on 1 November 2007.

    Both contacts linked via the “cell” that serves number 130, Via Garibaldi, and so it must be concluded that the timings indicate that the mobile phone was present inside Raffaele Sollecito’s residence at number 130, Via Garibaldi.

    From the critical examination of what results from the phone records, it can objectively be held as proved not only that Raffaele Sollecito’s phone was not “active” from 8:42:56 pm on 1 November 2007 to 6:06:59 am [sic] on 2 November 2007, but that, reasonably, at 6:02:59 am on 2 November 2007 Raffaele Sollecito was in fact not sleeping, as stated by Amanda Marie Knox and averred to by Mr. Sollecito; rather, he was wide awake, enough to switch on his own mobile phone and be able to receive the SMS sent to him by his father the night before.

    The Defense, supported by the conclusions of their technical consultants, argued that the fact of having received the SMS sent by Francesco Sollecito to his son on the evening of 1 November 2007 only at 6:02:59 am on the morning of 2 November 2007 would not necessarily be proof that the accused had switched his phone on at that time, since the phone, until that time, could have simply been positioned at a spot in the house where it was not able to receive the “signal”, on the assumption that special measurements had been made showing that not all points in the apartment at 130 Via Garibaldi were able to effectively receive the phone “signal”.

    This Court finds that the Defense argument is not justified.

    If in fact one can agree with the Defense reasoning by which there is no certain proof that at 6:02:59 am on 2 November 2007 Raffaele Sollecito’s phone was switched on (by himself or by Amanda Marie Knox, the only two present in the apartment) allowing [142] reception of the SMS sent to him by his father a good six hours earlier, the only logical alternative is that someone obviously moved the phone inside the apartment from the location in which it was positioned, and where it was not receiving the “signal”, to a different location in the apartment, where the “signal” was received.

    What matters, and what the Court finds proved, is that at 6:02:59 am on 2 November 2007 in the apartment at 130 Via Garibaldi, they were not in fact asleep, as the defendants claim, but rather the occupants were well awake, so much as to switch on or move the phones.

    And that the situation inside the apartment at 130 Via Garibaldi was not in fact that of a house in which the occupants spent a peaceful night also emerges from an examination effected on one of Raffaele Sollecito’s computers by the Postal Police.

    It appears that at 5:32 am on 2 November 2007 the computer connected to a “site” for listening to music, remaining connected for around half an hour. Therefore, at 5:32 am someone in the house occupied by Amanda Marie Knox and Raffaele Sollecito sat in front of the computer and listened to music for around half an hour and then, at 6:02:59 am, either switched on Raffaele Sollecito’s mobile phone or put it in a different place in the apartment.

    At the conclusion of the critical examination of the statements made by the defendants it can therefore be affirmed not only that the statements made to the investigating police at 1:45 am and to the Prosecutor at 5:45 am on 6 November 2007 by Amanda Marie Knox constitute a malicious incrimination as regards Patrick Lumumba, but also that the same was constructed for the specific purpose of distancing police suspicion from the defendants, offering the investigators a “guilty party” on which to focus their attention.”

    Here, Nencini is clearly summarizing his own conclusions regarding Knox’s statements re Patrick Lumumba.

    Posted on 01/30/15 at 01:31 PM by Cardiol MD. Click screenname for a list of all main posts, at top left.
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    Tuesday, January 27, 2015

    Why Knox’s Damning Last Live TV Interview Was Attacked And Labeled “Controversial”

    Posted by Chimera


    1. Overview Of This Post

    This is the complete 22 minute video of the interview Knox did with Chris Cuomo on 7 May 2014.

    Chris Cuomo asked some excellent questions. CNN itself quickly put online a video of some clips lasting 2 1/2 minutes. On 22 May Vivianna posted an analysis: “The Cuomo Interview: Why This May Be The Last Time Knox Tries To Argue Innocence On TV.”

    In her post Vivianna clarified the 2 types of innocence (factual v.s. legal), and found it bizarre that Knox focused exclusively on the ‘legal’ argument.  It was a wonderful piece, very sound scientifically, and very compelling.

    The full interview (see above and this transcript) makes more understandable why Cuomo was angrily attacked online for asking “unfair questions” on subjects normally made off-limits by the PR. It really rattled some cages.

    I will show here below why, and also how it could have rattled even more cages, by highlighting the insights that leaked out barely noticed, and the opportunities for many tougher questions.

    2. Analysis Of The Full Interview

    In the 2 1/2 minute clip Cuomo looked like a bit of a wimp. But in the full interview, he is actually pretty aggressive in pushing back against Knox’s attempts at convincing answers. 

    While I am still a bit disappointed that Cuomoe seems to back off from the really tough questions (see below) and like Diane Sawyer seems to be lacking in many of the hard facts (see below) this is definitely a more revealing picture than the short video.

    At no time, does Amanda ever say, ‘‘I DIDN’T KILL MEREDITH’‘.  And for someone giving a truthful answer, she has to pause and think far too often.

    Below are excerpts from the CNN with my own commentary:

    Chris Cuomo starts with a brief narrative about the case, and says the police immediately zeroed in on Knox. He cotinues:
     
    1) Not because of witnesses or forensics….

    2) She wasn’t distraught enough….

    3) She kissed her then boyfriend Raffaele Sollecito outside the crime scene….

    4) She did yoga in the police station….

    5) Soon the media would come up with a persona… Foxy Knoxy

    6) It was the stuff of tabloid headlines

    7) It was also, as many would argue, the prosecution’s entire case

    8) Despite this, Knox and Sollecito were convicted in 2009

    9) It was another 2 years before another court cited lack of objective evidence

    10) Last year, [2013] a new trial was ordered.

    11) The appeals court convicted Knox again, but based on a new motive

    12) There were multiple assailants, and 2 knives and Knox delivered the fatal blow

    13) All of this is based on the only person [Guede] whose DNA is all over the crime scene

    14) Due to a quirk in the Italian legal system, Guede is due to be released this year, after less than 6 years in jail

    An okay attempt, but something of a shortfall. Here is my corrected version of Chris Cuomo’s narrative.

      1a) Well, perhaps they zeroed in on her after she wrote statements placing herself at the scene

      2a) She wasn’t distraught? Well, her friend f***ing bled to death, but shit happens, let’s get on with life

      3a) She did a lot more than just kiss

      4a) She only did the splits, not the cartwheel, remember?

      5a) The name Foxy Knoxy was her childhood soccer name, which she kept for other reasons.

      6a) Yes, thanks dad, I needed the publicity

      7a) Actually, the prosecution spent time arguing a pattern of lying, no alibi, partial confession, forensic evidence ....

      8a) No, they were convicted in 2009, because of the exact opposite of what you argued.

      9a) While this is actually true, Chris neglects to explain why this first appeal was annulled.

      10a) It was not a new trial, but a redo of the appeal against the 2009 Massei conviction.

      11a) Nencini did not reconvict, he ‘‘confirmed’’ Massei, and motive had little to do with it.

      12a) Chris sees to be implying, as this came after ‘‘changed motive’’ that these facts changed as well. However, Massei believed as well there were multiple attackers, 2 knives, and Knox killed Meredith.

      13a) Judges and prosecutors believed next to nothing of what Guede said. Only Guede’s DNA? Amanda’s and Meredith’s DNA was mixed in several places. Raffaele’s DNA is on Meredith’s bra clasp

      14a) The ‘‘quirk’’ is the short form trial, which got Guede a reduced sentence. And while ‘‘eligible’’ for day release, it is not the same as ‘‘due for release’‘. November 2007 to late 2014 is 7 years, Chris, not 6.

    (2:45) Cuomo: What surprised you in the reasons?

    (2:55) Knox: I think what surprised me the most is how the court has attempted to account for exonerating evidence. That is really surprising to me. It’s not surprising that they place so much emphasis on circumstantial evidence, as opposed to objective forensic evidence.  And I’m really disappointed about that, because the circumstantial clues have all been equivical, have been unreliable, whereas forensic evidence that proves what happened that night in the room is there.  (odd smile) It is available to be understood.  And that continues to be an incredibly difficult obstacle that I’m having to confront, in proving my innocence.

    Is the court allowed to consider circumstantial evidence like phone records, lying, and no alibi?  No, they are circumstantial.

    What about bloody footprints and mixed blood? They are objective.  No they may be in the house, but they are not in the murder room.

    What about your shoeprint and Raffaele’s DNA in the murder room?  No, it is contaminated.

    But isn’t Rudy Guede’s handprints, shoeprints and DNA in the murder room?  Yes, and it proves my innocence.

    I actually think Amanda Knox would make a great lawyer (for all the wrong reasons).

    (3:50) Cuomo: Why do you think this judge goes further than any other, that only that you had it because of DNA around the hilt, but that he thinks that you are the one who actually killed Meredith Kercher?

    (4:08) Knox: (smiles) I believe, I mean, I can’t speculate what this judge’s motivations are, personal motivations or otherwise.  But what I can say is that, as this case has progressed, the evidence the prosecution has claimed exists against me has been proven less and less and less.  And all that has happened is that they fill these holes with speculation.

    Yes Judge Nencini holds some personal grudge….  Granted you have never actually met, but maybe he was just miffed you sent an email and hit the talk show circuit rather than attend your own appeal.

    Or maybe there is some hard truth in that 350 page report he wrote up.

    (4:47) Knox: I did not kill my friend.  I did not wield a knife. (for emphasis), I had no reason to.  In the month that we were living together we were becoming friends.  A week before the murder we went to a classical music concert together.  Like we had never fought.  And the idea .... I mean, he’s brought up lots of things, crazy motives,

    So it takes her a minute to deny killing ‘her friend’, who may or may not be Meredith. And she didn’t kill ‘her friend’ as she says she and Meredith were ‘becoming friends’  Um…. would you kill ‘your friend’ if you had ‘a reason to’?

    (5:15) Cuomo: He [Nencini] doesn’t agree with anything you’re saying with regard to the relationship.  (Amanda nods).  This judge believes that this fight was about money, and that you stole money from your roommate, and that this is what started this violent night.  Is there truth to that?

    You aren’t sure if you stole money from Meredith?

    (5:30) Knox: (pausing to think) Absolutely not.  He is getting this from Rudy Guede, who is coming up with these sorts of things for self interest.  And the truth of the matter is:... one, I had no criminal record, so I am not the type of person who is going to violently kill someone… (pauses) ... for any reason.  And furthermore, I had saved up to go to Italy, and was not in need of stealing any money, unlike Rudy Guede, who was a known thief, who is a known burglar, who did this on a regular basis to survive.  And why they would think I (points to herself) was a thief, when in Meredith’s own purse, there was Rudy Guede’s fingerprints…. it’s based on nothing.

    Amanda has to think to herself before denying it.  And she says that she is not the type to violently kill (is there another type?) but doesn’t say she didn’t do it.

    And you don’t have to be a career criminal to commit murder. Many killers are first timers.

    (6:18) Cuomo: To step through what he [Nencini] sees as the fact pattern for that night, and literally, it reads like a yes/no list.

    (6:30) Cuomo: Were you and your boyfriend hanging outside the piazza that night?
          Knox: No
          Cuomo: Did you let Rudy Guede into your apartment?
          Knox: No
          Cuomo: Were you with Rudy Guede in your apartment that night?
          Knox: No
          Cuomo: Was there a fight over money with Meredith Kercher, witnessed by Rudy Guede?
          Knox: No
         
    (7:00) Cuomo: The judge believes the only way he could have gotten in is with keys.  He throws out the possibility that there was a break in through the window, that was found in the home you shared.  Why do you think he dismisses that possibility as orchestrated?

    Chris, you could of course just read the report…

    (7:10) Knox: I mean again, why he [Nencini] thinks it?  What I can say is that Rudy Guede is a known burglar (pauses) who broke into houses and offices through second story windows, having thrown a rock, carrying a knife, and that these all resembled everything that happened in our apartment.  So, why this judge thinks it’s impossible just doesn’t make sense to me.

    Except the sexually assaulted and murdered woman ....  For my curiousity, where were all these other supposed burglaries?

    The judge may think the theory possible, if not for all the evidence that contradicts it.

    (7:38) Cuomo: Your roommate said you had a strained relationship.  Now that’s a bad fact as we call it in the law.  Why would your roommates lie about the relationship between you and Meredith?

    (7:49) Knox: They said that we weren’t hanging out as much at the time when the murder occurred.  But that was only because I had gotten a job. Meredith’s British friends suggested that maybe Meredith was a little uncomfortable about certain issues about hygiene, but (looks angry), these were not issues that were ever going to lead to any kind of violence.  They never ... led to any aggressive communication between us. That never happened.

    Sexually assaulting and stabbing is ‘‘aggressive communication’’ now? Wow, interesting use of the English language.  And yes you got a job,at Patrick’s bar. But wasn’t it about to go to Meredith?

    (8:22) Cuomo: The judge believes that there were 3 people who did this.  The said the blood is suggestive of it, that Rudy Guede had free hands.  And it he had free hands, he must not have been alone. That the DNA evidence from Raffaele Sollecito is there on the clasp, and that shows that he was trying to take off her clothes or manipulate her somehow. (Knox nods)  And that there had to be a third person.  And the DNA of footprints that he believes are yours and your boyfriend’s prove that there were three of you in the room that night. Why is he wrong?

    For someone who maintains the ‘‘no evidence’’ line, Knox is nodding through much of this.

    (8:53) Knox: Well, um, let’s break that down.  We have a bra clasp that independent court experts have claimed is not reliable because it was collected 46 days after the crime scene had been gone through by the CSI’s of Italy.  And after police had tromped through it and basically completely destroyed that scene.  That is not a reliable piece of evidence.  Then we have the idea that Rudy Guede would not have been able to attack Meredith because someone had to hold her down.

    Amanda, you didn’t address the footprints… And again C&V were not independent nor reliable….  And you know the CSIs compromised the scene how….

    (9:35) Knox: first of all, the weapon that they claimed is the murder weapon, is not the murder weapon.

    To ask the obvious question - how does she know more than her lawyers and the police?  You’d almost think she was there.

    (9:45) Knox: An athletic male, armed with a knife ... to overpower a young woman, that happens every day, in this world, and I don’t think that is impossible to be what happened to Meredith.

    True, it may not be ‘impossible to be what happened’, but she is not insisting that ‘is’ what happened.

    (10:00) Cuomo: and your saying to me tonight is that it is impossible that you were in the room that night, you had a knife in your hand, and that you helped Meredith Kercher?

    Odd for an investigative role.  He asks if it was impossible, but avoids directly asking if she did it

    (10:06) Knox: Absolutely, because my DNA, any trace of me, is not there…. when your talking about traces of me, that they’re attributing to the crime scene, they’re talking about DNA in my own bathroom

    Again, Knox goes straight for the ‘‘the evidence is not there’’ argument, rather than directly saying she was not involved in Meredith’s murder.  Also, this may be the first time she has acknowledged the bathroom is part of the crime scene.  Yay….?

    (10:30) Knox: ...or my footsteps which tested negative for blood, that had mine and Meredith’s DNA on the floor between our bedrooms and the bathrooms.  Of course our DNA was there, we lived there for a month, it was there.  It tested negative for blood, so it wasn’t blood.  And so it’s irrelevant to the crime.  But we’re talking about the crime that happened in Meredith’s bedroom.

    Here Knox is making a strawman argument, saying that the hallway is irrelevant.  Odd, considering that unless ‘‘Spiderman’’ Guede would have to have gone through the hallway unless he jumped out the window.

    Also curious that (if my understanding is right), it was the shape of the footprints the the hall, and not necessarily DNA itself which was introduced.

    Yes, the crime itself happened in Meredith’s room, but the luminol did reveal footprints in the hallway, and there was mixed blood in the bathroom.  Is Knox just scatterbrained in this interview, of being deliberately deceptive?

    (10:43) If Rudy Guede committed this crime, which he did, we know that because his DNA is there, on Meredith’s body, his handprints and footprints in her blood.  None of that exists for me.  And if I were there, I would have had traces of Meredith’s broken body on me, and I would have left traces of myself… around Meredith’s corpse.

    Wasn’t Sollecito’s bloody footprint on the bathroom mat a major piece against him?  Was there not Knox’s DNA (mixed with Meredith) in the bathroom and in Filomena’s room? Was a size 37 woman’s shoeprint not found in the room?

    Odd, that Knox’s DNA is in her apartment, which she lived in, but not a single fingerprint….  You know Rudy Guede committed the crime strictly because this DNA, handprints and footprints are there… but logically, the same types of evidence don’t count against you and Raffaele? “If Guede killed Meredith”?  You know something we don’t?

    (11:15) Knox: And I am not there, and that proves my innocence

    Yes, Amanda, but were you really there?

    (11;20) Cuomo: Those are the big points this judge makes.  There are others, and there is also another man who judged you before, he wants to weigh in, and we have a statement from him.

    (11:38) Cuomo: The appeals court judge who set Amanda free says the appellate court’s ruling against her is more worthy of a Hollywood movie set, than a courtroom.  In a statement obtained exclusively by CNN, retired judge Claudio Hellmann says:

    The Florence Appeals Court has written a script for a movie or thriller book while it should have considered only the facts and evidence. There is no evidence to condemn Knox and Sollecito.  It’s a verdict, that seems to me is the result of fantasy and has nothing to do with the evidence.

    Judge Hellmann, you were meant to be running a narrow appeal, not attempting a new trial with only the defense presenting. After the way your ruling was trashed by Cassation as perhaps the most incompetent, illegally wide, illogical, and obviously biased that Italy has seen, ever, and considering you were a business judge who caused a disaster on your one other murder case also, you are not really one to give a professional opinion on this. Judge Zanetti neither.

    (12:15) Cuomo: Obviously words of comfort to you. What does it mean to hear that from a now retired judge?

    Interesting, no complaints are made about Hellmann giving these statements, but Nencini gets a formal complaint for commenting about not severing the appeals?

    (12:19) Knox: It gives me a lot of hope.  He did the right thing.  He appointed independent experts, he looked at the forensic evidence, the objective evidence, he didn’t give more weight to equivocal and unreliable circumstantial clues than needed to be.

    Hope, but for the wrong reasons.  C&V were not really independent witnesses.  Appellate level judges were not supposed to hire experts. Cassation criticised just this action.

    Circumstantial evidence can very reliable, and very powerful.  Didn’t give more weight to ‘unreliable circumstantial clues’? A judge should not give ANY weight to unreliable clues.

    (12:46) Cuomo: However, the judge on top of him, Nencini, looked at what he did, dismisses it out of hand, almost as saying that is why he retired, just look at this decision, and he seems to believe, quote: ‘‘No alternative explanation is conceivable…. that is casting a tremendous amount of doubt on the story that you tell about what happened that night.

    Chris gets some basic facts wrong. It is Cassation, not Nencini, who is on top.  Nencini is simply another lower level appeal judge. It is not ‘‘almost as saying’’ why Hellmann retired, he WAS forced to retire

    (13:10) Knox: This is not a complex case. It’s only complex when you try to find explanations ....

    You are right. We should only explore simple solutions.

    (13:30) Cuomo: .... that Rudy Guede had to have entered from use of your keys.

    (13:34) Knox: That’s not true either.  He had a history of breaking and entering second story windows, with rocks, carrying knives. Like, how is that impossible?  There is a window below which he could have climbed up from.  He was perfectly capable of doing that.

    Technically, Knox is right. She could have just left the door unlocked. So Rudy has a type, second story, with rocks and knives?  Interesting…

    Wait, didn’t I just hear this identical argument just a few minutes earlier?  Rehearse much, Mandy?

    (13:55) Cuomo: ... [Nencini] believes the convicted killer more than you.  What does that mean to you?

    (14:02) Knox: (smiles) I don’t know. It’s definitely very disheartening.  Because I don’t know (another smile). I’m sitting here having to prove my innocence.  It is incredibly disheartening when Rudy Guede was found to be unreliable, when he found certainly to be Meredith’s rapist and killer, they would consider his testimony over mine.  There’s no explanation for it, in my mind.

    I can explain that.  Judge Nencini (and Massei, and Micheli, and Cassation), think more than 1 person was involved.

    (14:45) Cuomo: What does it lead you to believe that [Nencini] thinks about you, this judge, as a person?

    (14:52) Knox: As a person, well, he says in his report that when the prosecutor describes me as a person who is capable of not only disturbing not only everyone around me, but getting drugged up and .... (shakes head) ... but I am not that person. And the evidence doesn’t show that.

    Um…. didn’t your roommates and Meredith’s friends all testify to that being exactly the kind of person you are?  The testimony of many witnesses is not evidence?

    And while you may not be that person now, were you then?

    (15:25) Cuomo: Another thing Judge Hellman says: I THINK THAT THE HIGH COURT WILL BE OBLIGED TO CONFIRM THE FLORENCE RULING IF THEY DON’T WANT TO OPENLY CONTRADICT THEIR COLLEAGUES.

    This is idiotic, especially if Hellmann wanted to be taken seriously.  The entire point of appeals is so that fresh eyes will review the work of the trial (or lower appellate level) judges, and make sure their findings, facts, logic, and procedures are sound.  It would complete defeat the purpose of appeals if the higher court simply signed off on lower court rulings.

    (15:37) Knox: (indignant sigh) He was willing to do it.  So I have to believe there are authorities in Italy who will be sitting on that Supreme Court panel who will look at the facts of this case, and will do the same thing he did.

    So, you are going to corrupt Cassation as well? F*** my life.

    (16:00) Cuomo Do you believe you are haunted by first impressions? How you behaved in the aftermath, what they saw as antics….

    (16:18) Knox: I think I’m haunted more by people’s projections of their ideas onto me than my own impressions on others, because there’s been an absurd focus on the hours, the seconds I spent outside of my house, of police’s testimony about what did or didn’t happen in the police office.  I think it’s true that people seem to have had a kind of tunnel vision….  and that is something I’ve been having to fight against for a long time.

    Considering her email to judge Nencini, I am not convinced she knows what projecting really is.

    (17:08) Cuomo: Legally, there is only one more step [Cassation].  What do you plan to do to have this come out in your favour?

    I have an idea. Perhaps, attend your appeal this time.

    However, the answer was cut off by a commercial. Afterwards, it cuts to a clip of the interview of Knox and Cuomo from May 2013.  It shows a few clips of Amanda pretending to cry, and repeating how she is afraid.

    (18:02) Cuomo: Then you had the anticipation of what the ruling would be.  Which was worse: the anticipation of it, or now knowing what the ruling is?

    (18:15) Knox: I think it’s now knowing where it stands with the judges, because I had truly believed that this court was going to find me innocent.  No new evidence had been presented. I did not expect this, (grimaces) and I’m incredibly hurt and disappointed to read what they’re saying is true but so clearly not.  And I guess my only hope is that people are going to see all of the flaws that are throughout the entire document that justifies this verdict. This whole theory that I might somehow be involved in some way with Meredith’s murder is wrong.

    You truly believed Nencini would find you innocent?  But you skip the appeal and email saying you are afraid?!  The horribly flawed document… were you referring to Hellmann’s by any chance?

    You weren’t ‘somehow involved’ in ‘some way’. Judge Nencini ruled that you actually delivered the fatal blow

    (19:08) Cuomo: You will appeal
            Knox: Yes
            Cuomo: You will stay here in the United States for the duration of the appeal?
            Knox: Yes
            Cuomo: What happens if the Supreme Court confirms this ruling? The case is closed, and you are guilty.

    (19:25) Knox: (angry smile showing) from this whole experience, especially in prison, where you have to take everything day by day, now i’m having to take everything step by step. And if I think about everything that I could possibly be facing, it’s way to overwhelming for me to even conceive.

    (19:50) Cuomo: Are you able to be present, or are you trapped in 2007?

    (20:00) Knox: (smiles) it’s definitely a limbo (smiles again).  My entire adult life has been weighed down by and overtaken by this tremendous mess, this, this, (shuts her eyes and grins slightly).  On the one hand, I have my life in Seattle.  I get to go to school.  I get to be with my family and friends.  And I’m so grateful to have them.  They really helped me get through this.  And know there are people who believe me.  And on the other hand, there is this huge wait, this huge struggle, and trying to learn each step of the way, what’s so wrong and how I can fix it.  And I guess I’m just one of the luck ones? (confused look).

    (21:10) Knox: People have looked into my case. I’m not just a forgotten case.

    That is totally true.  Thanks to FOA and Dave Marriott, your case will never be forgotten.

    (21:18) Cuomo: If the case is affirmed, and you are found guilty in final fashion, but the United States decides not to extradite, your life goes on, you can live in the United States, but will you ever really be free?

    (21:35) Knox: Absolutely not. No, that is not a liveable ... especially since right now me and Raffaele are fighting together for our innocence.  And like I said, I truly believe that it can happen.  It’s only speculation that convicts us.  It’s evidence that acquits us.  And I’m holding firm in that what you’re suggesting might happen doesn’t.

    Good luck with that one. You need to not leave so much out if there is a next time.

    Posted on 01/27/15 at 11:22 AM by Chimera. Click screenname for a list of all main posts, at top left.
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    Thursday, January 22, 2015

    The Sollecito Trial For “Honor Bound” #5: Gumbel Really A Cowardly Defamatory Shill?

    Posted by The TJMK Main Posters



    Above: “Neutral ghostwriter” Andrew Gumbel tweets…

    1, Today In The Florence Court

    Lately many of the chest-thumping PR shills have whined a lot more about themselves as victims than done anything to boost Sollecito and Knox.

    Think of Preston, Burleigh, Dempsey, Sforza, Fisher, Moore, and a whole lot of other serial complainers. Now chest-thumper Andrew Gumbel seems to want to join their ranks. That is if the claim that he was ONLY a ghostwriter was made by his lawyer with his consent to the Florence judge.

    2. Signs Gumbel Really Is A Shill

    Note that Sollecito gave many signs during his US book promotion tour late in 2012 that he really didn’t know much about what was in his own book.

    So did Gumbel really only hang on Sollecito’s every word? Or did he talk to a lot more people than that, and get very invested in nasty, dishonest propaganda to deny justice for Meredith via the courts?

    Here’s Andrew Gumbel on 1 May 2014, providing the first media opinion in the UK on Judge Nencini’s appeal report. The nasty false claims highlighted suggest Gumbel has a very strong investment in Sollecito and Knox and not a little contempt for the Italian courts.

    One truth in Gumbel’s article which he must really regret? That sentence in the thitrd paragraph: “Disclosure: I am the co-author with Sollecito on his memoir about the case.”

    The longer the Italian courts consider the Meredith Kercher case – and we have now had three trials, six presiding judges, two hearings before the Italian high court and a third on the way – the more the country’s institutions of justice have covered themselves in shame.

    Judge after judge has twisted the available evidence into extraordinary contortions of logic to assert, at different times, that Kercher – a British exchange student stabbed to death in her room in Perugia in 2007 – was the victim of a premeditated attack; that her murder happened spontaneously; that the motive was sexual; that the motive was a dispute over housework with Amanda Knox, the star defendant; that the trigger for the murder was the unseemly appetite Knox and her boyfriend, Raffaele Sollecito, had for sex and drugs; that the trigger for the murder was Rudy Guede, the Ivorian-born drifter everyone agrees was involved, knocking on the door to use the toilet.

    By now, Knox and Sollecito have been convicted, acquitted and convicted again, and the underlying forensic evidence has been both exposed as a sham and, mystifyingly, reinstated. (Disclosure: I am the co-author, with Sollecito, on his memoir about the case.)

    Still, the latest judicial document in the ongoing battle, a 337-page justification of the most recent convictions made public on Tuesday, marks a new low. Not only has Alessandro Nencini, the presiding judge of the Florence appeals court, apparently resorted to the same tortured logic as his predecessors; he has also stated things as fact that are manifestly and provably wrong.

    That may be more than even the Italian justice system can stomach; judges, after all, aren’t supposed to do things like that. And it may provide Knox and Sollecito with unexpected – if still slim – grounds for hope at the very moment when Kercher’s death had seemed settled, at last, according to the law.

    To read the new conviction report in detail is to enter a kind of alternate reality, where concrete facts appear ignored and alternate facts are seemingly plucked from the air. Kercher’s murder is reduced to a parlor game and all roads lead to the inevitable, if not also foregone, conclusion that Knox and Sollecito are guilty. For instance:

    • On page 63, Judge Nencini claims that a partial shoeprint found at the murder scene comes from a size 37 women’s shoe and must therefore belong to Amanda Knox. But this is not based on the available evidence. In the early days of the case, the prosecution sought to show that the shoeprint was from Sollecito’s Nikes; the pattern of concentric circles on the sole was later proven to come from a different pair of Nikes belonging to Guede.

    • On page 81, Nencini grapples with the question of how Knox and Sollecito could have participated in the murder but left no more than a single, hotly disputed trace of themselves at the scene. Extraordinarily, Nencini argues that Knox and Sollecito must have wiped the place clean of their DNA (but left an abundance of Guede’s) because no traces of Knox’s DNA were found anywhere in the apartment that she shared with the victim. But multiple samples of Knox’s DNA were found and presented at trial; they just weren’t found in the room where the murder took place.

    • Then, on page 321, Nencini writes that the blade of the purported murder weapon – a large kitchen knife found in Sollecito’s apartment – bore traces of both Kercher’s and Sollecito’s DNA. Again, this is at variance with the evidence. The most the prosecution ever asserted was that Kercher’s DNA was on the tip of the blade. Sollecito’s DNA has never been found.

    The defense teams have reacted with consternation: Knox issued a formal statement decrying the lack of “credible evidence or logic” in this latest document, which arrived just ahead of the three-month deadline following her latest conviction; Sollecito’s lead lawyer, Giulia Bongiorno, denounced what she said were “at least ten clamorous mistakes per page”. (A Kercher family lawyer called the document “a version that we have always in some ways sustained”.)

    This being Italy, however, the judicial errors are not necessarily a bad thing for Knox and Sollecito, because they give the Italian high court an opening – should the justices choose to take it – to overturn the latest conviction, and either dismiss the case, send it back to get the mistakes fixed, or order yet another trial in another court.

    The high court justices will be aware, of course, that the longer the case drags on, the more suspect the process will look in the eyes of world opinion. Another trial would test the patience of even the most ardent believers in Knox and Sollecito’s guilt, and certainly of the Kercher family. But the process is starting to curdle – even without the spectacle of lawyers arguing, yet again, over the same controversies before a barrage of international TV cameras. That leaves the high court, which always has one eye on the integrity of the system, with a genuine dilemma.

    Much has been written about Italian justice’s desire to save face in this much written-about case. To admit a miscarriage of justice, the argument runs, has become too difficult, because it would expose the mistakes of too many people, from the primary investigators to the Rome forensic lab to the prosecutors and judges.

    However, as the case trudges toward the seven-year mark, one has to wonder how much appetite the institutions of justice still have to stand by what they have done. Will the high court really want to endorse Nencini’s report with all these evident flaws? Or will this finally be the moment when the justice system calls a halt to a travesty committed in its name and exonerates Knox and Sollecito, as it should have done years ago?


    3. How Gumbel Got It Wrong

    We responded by rebutting 20 of Gumbel’s malicious claims in just the first 7 pages of Honor Bound. And Pataz1, a TJMK main poster who also runs his own blog posted this rebuttal of Gumbel below

    This letter was sent to the Guardian’s Reader Editor on 4 May 2014, and again on 3 June, 2014. The Reader’s Editor did not respond to either of the email submissions.

    Gumbel’s May 1st, 2014 article in the Guardian is a thinly veiled advocacy piece for Sollecito and Knox. He left out a significant phrase from a Nencini passage he cites; this phrase he omitted undermines one of his main claims.

    To the Guardian:

    I’m writing to you about Andrew Gumbel’s “comment” on developments in the murder of Meredith Kercher case. Gumbel writes about the recently released Nencini court motivations document, which outlines the court’s reasoning for affirming Knox and Sollecito’s conviction for the murder of Meredith Kercher.

    Gumbel waits until the end of the third paragraph in his article to provide his disclaimer: that he is a co-author of the book by one of the defendants. Its hard to understand why Gumbel waited so long to disclose his vested financial interest in the innocence of one of the defendants on trial. By this time, Gumbel has already levied allegations of impropriety upon the Italian courts and judges. For example, he alleges “the country’s institutions of justice have covered themselves in shame.” He continues specific allegations that “judge after judge has twisted the available evidence […]”.  If Gumbel had provided his disclaimer appropriately at the beginning of his letter, readers would have had a more appropriate understanding of Gumbel’s perspective and motivations for writing his letter.

    Despite being a co-author of a book by one of the two still on trial for Meredith’s murder, Gumbel’s statements on the court process are wrong. Gumbel pushes the perspective that Knox’s reps have pushed in the US; that Knox and Sollecito have been “convicted again” after an acquittal. Gumbel leaves out any mention of the Italian Supreme Court ruling that overturned Knox and Sollecito’s acquittal and sent the case back to the appellate level. After the acquittal was annulled, the original 2009 conviction remained in place. Gumbel is no doubt aware that the Florence court is an appellate court.  (Curiously, Sollecito’s co-defendant Knox also wrongly claims on her website that the Italian Supreme Court “annulled all previous verdicts”; ref: http://www.amandaknox.com/about-contact/?).

    Gumbel’s omission of the Italian Supreme Court ruling is odd, because the entire point of his article is the integrity of the judicial decisions. Gumbel left out that the Italian Supreme Court has already made one ruling regarding the integrity of a judicial decision in this case. The Supreme Court’s ruling wasn’t in favor of Gumbel’s co-author and defendant Raffaele Sollecito;  perhaps this is the reason that Gumbel failed to mention the actual outcome of the acquittal.

    Or perhaps Gumbel left out this information so he could present the evidence the way it is framed by supporters of Knox and Sollecito. Later in the the same paragraph, Gumbel expresses confusion about why evidence remains in the case. He states “the underlying forensic evidence has been both exposed as a sham and, mystifyingly, reinstated.” As the co-author of the book with Sollecito, Gumbel is again no doubt aware that after the appellate-level acquittal was thrown out, the original conviction (with all of the evidence) remained as a part of the case. Any decision made by Hellmann on the evidence was also thrown out of the case, including Hellmann’s conclusions on the knife DNA evidence and the Sollecito’s DNA on the bra clasp. Further, if Gumbel had indeed read the Nencini decision, he would have read the passage where Nencini takes to task the “independent experts” in the Hellmann trial (detailed here:http://thefreelancedesk.com/amanda-knox-trials-meredith-kercher-case/). Gumbel should be well aware after his reading of Nencini why the evidence still contributed to the Florence court upholding his co-author’s conviction.

    In his second point on the Nencini decision, Gumbel leaves out a key phrase that completely undermines his claim. By this time in his article, one is forced to wonder if this omission is deliberate. Gumbel’s claim is that Nencini contradicted himself by writing that Knox and Sollecito only left a “single, hotly disputed trace of themselves” despite the other evidence that Nencini also talks about. But the start of the passage Gumbel cites is:

    “Una peculiarità è, ad esempio, il rilievo che all’interno della villetta di via della Pergola quasi non sono state rinvenute tracce di Amanda Marie Knox – se non quelle di cui si dirà e riferibili all’omicidio – né di Raffaele Sollecito.”

    The phrase Gumbel deliberately left out is this: “se non quelle di cui si dirà e riferibili all’omicidio”, which, roughly translated, is “except those which will be discussed and related to the murder.”  The Nencini Motivations document explicitly contains a clause that accommodates the other traces related to the murder. Gumbel’s point is provably false. As someone who arguably puts himself forth as an expert on the case, this omission is highly concerning.

    In Gumbel’s third point he highlights what is a minor error in the Nencini report. Calling out one word in a longer passage, Gumbel points out the report states that Sollecito’s DNA was found on the knife that is alleged as a murder weapon. If Gumbel truly read the report, as he claimed in a twitter exchange with me, he would be aware that the rest of the section that is contained in makes it clear that the finding is Knox’s DNA on the knife, not Sollecito’s. This minor error is hardly cause to overturn the full conviction.

    I could continue, but the rest of Gumbel’s article is largely a diatribe against the length of the trial and the Italian justice system. Gumbel cites an article written by Douglas Preston, another author who has financially benefited by being openly critical of the prosecutor in Knox’s case. Knox and Sollecito’s case has gone through three levels of the Italian court system, and back to appeals. Cases in the US that follow a similar path have not happened any faster than the one in Italy. For example, in the Scott Peterson case in the US his defense still filed appeals eight years after his first-level conviction.

    That the Guardian has allowed itself to be used as a platform to push the defense’s perspective is not only a disservice to the family of the murder victim who lives in the UK, but is also a disservice to the victim of a violent, brutal murder.


    Wednesday, January 21, 2015

    The Sollecito Trial For “Honor Bound” #4: Chimera Examines The Most Inflammatory Angles

    Posted by The TJMK Main Posters



    [A far from joyful dad once again tries to knock sense into his loose-cannon offspring]

    1. Overview Of This Series And Post

    Tomorrow is the day when the wraps come off the prosecutions’ targets in the book.

    This is also when Sollecito & Gumbel might try to justify themselves though they have a tough task ahead of them. For Sollecito and Gumbel (and also Knox and Kulman) their books actually constitute four kinds of problems;

    (1) their defamations of the Italian courts and justice system;
    (2) their defamations of many police, investigators and prosecutors who work within it,
    (3) their numerous lies by omission, the pesky facts they never mention; and
    (4) the unwitting truths and half-truths pointing to guilt, which the court may especially zero in on.

    As mentioned in the previous post, a separate new TJMK pasge will soon take the book apart definitively. To this many posters have contributed.

    Also we will have a new TJMK page on all of the lies of omission and who tends to avoid what area of evidence. .

    2. Examination By Chimera Of Sollecito Book

    In Part 1 Chimera addrresses problem (4) the truths and half-truths.

    In Part 2 Chimera comes up with an alternative synopsis of the book.

    In Part 3 Chimera Suggests why there could have been pre-meditation.

    1. Examination Of RS’s Truthfulness

    [page xv] ‘’....Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting….’‘

    A main criticism by the Supreme Court of Judge Hellmann was that he looked at the evidence piece by piece, rather than trying to make a story of all the evidence as a whole.

    [page xvi] ‘’....She was Amanda the heartless when she didn’t cry over Meredith’s death and Amanda the hysterical manipulator when she did. Whatever she did—practice yoga, play Beatles songs, buy underwear—it was held against her.

    Well, when someone does not seem upset that their ‘friend’ is murdered, and then behaves in this fashion, would police not at least have their curiosity piqued?

    [page 20] ‘’... First, Guede could reasonably assume that the occupants of the house were either out for the night or away for the long weekend. Second, he had previously stayed over in the boys’ apartment downstairs—he fell asleep on the toilet one night in early October and ended up sprawled on the couch—so he knew the lay of the land. He had even met Meredith and Amanda briefly. And, third, since it was the first of the month, chances were good that the accumulated rent money for November was sitting in a pile somewhere in the house.

    In the upstairs apartment, Filomena took responsibility for gathering everyone’s cash and handing it over to the landlady. And it was Filomena’s bedroom window that would soon be smashed with a large rock…’‘

    This only makes sense if and only if:

    (a) Rudy knew the schedules of all 8 people in the house
    (b) Rudy may have slept downstairs, but implies he must have been upstairs at some point
    (c) Rudy knew that Filomena had all the money (that she took charge of it)
    (d) That rent would be paid in cash, not a cheque or bank automatic withdrawl. Which suggests…

    A failure on those parameters points to an inside job.

    [page 22] ‘’... My father took her advice, but because my cell phone was turned off, I didn’t receive the message until six the next morning.

    It was a desperately unlucky combination of circumstances. If my father had tried my cell and then called me on the home line—which he would have done, because he’s persistent that way—I would have had incontrovertible proof from the phone records that I was home that night. And the nightmare that was about to engulf me might never have begun.’‘

    First, it is an admission that the cell phone was turned off

    Second, it is an admission that had Francesco called him, he would have an alibi, suggesting he did not…

    [page 24] ‘’ ... Many Italians, including most of my family, could not fathom how she could go ahead with her shower after finding blood on the tap, much less put her wet feet on the bath mat, which was also stained, and drag it across the floor.’‘

    So, Amanda showered, even with blood on the tap and on the bathmat, and no one, not even Raffaele, can make sense of it. Perhaps it is just an odd way of being quirky.

    [page 26] ‘’... Then I pushed open Filomena’s door, which had been left slightly ajar, and saw that the place was trashed. Clothes and belongings were strewn everywhere. The window had a large, roundish hole, and broken glass was spread all over the floor.

    Okay, we thought, so there’s been a break-in. What we couldn’t understand was why Filomena’s laptop was still propped upright in its case on the floor, or why her digital camera was still sitting out in the kitchen. As far as we could tell, nothing of value was missing anywhere….’‘

    And this would be found to be suspicious by the police. An apparent break in, but nothing seems to be missing. And we haven’t even gotten to the spiderman climb yet.

    [page 27] ‘’... Amanda went into the Italian women’s bathroom alone, only to run back out and grab on to me as though she had seen a ghost. “The shit’s not in the toilet anymore!” she said. “What if the intruder’s still here and he’s locked himself in Meredith’s room?”

    Interesting. Perhaps Raffaele instinctively leaves poop in the toilet as well. Why would he not flush to make sure?

    [page 27 contains the following lines:]

    ‘’ ....Don’t do anything stupid.’‘
    ‘’ ....Now what do we do?’‘
    ‘’ ....My sister is in the Carabinieri.’‘

    These were supposedly in reference to the frantic attempts to see in Meredith’s room. Does anyone think there is some innuendo/hidden meaning?

    [page 29] ‘’... “No, nothing’s been taken.” I didn’t know that for sure, of course, and I should have been more careful about my choice of words. At the time, though, I thought I was just performing my civic duty by passing the information along. The only reason I was on the line was because Amanda’s Italian was not good enough for her to make the call herself.’‘

    This sounds innocuous enough, with the qualifiers, but without them:  ‘‘No, nothing’s been taken… I should have been more careful about my choice of words.”

    [page 33] ‘’.... As things spiraled out of control over the next several days, a senior investigator with the carabinieri in Perugia took it upon himself to call my sister and apologize, colleague to colleague. “If we had arrived ten minutes earlier,” he told Vanessa, “the case would have been ours. And things would have gone very differently.”

    This sounds eerily like an admission that things could have been tampered with, or ‘saved’, if only the ‘right’ people had been there in time.

    [page 35] ‘’... Amanda didn’t understand the question, so I answered for her, explaining that she’d taken a shower and then come back to my house. “Really, you took a shower?” Paola said. She was incredulous…’‘

    However, the book does not clarify why Paola was incredulous. Take your pick.

    (a) Amanda didn’t look or smell like she had a shower
    (b) Amanda showered in a blood soaked bathroom
    (c) Both ‘a’ and ‘b’

    [page 39] ‘’... In the moment, I didn’t say anything because I didn’t want to make Amanda feel worse. The whole purpose of my being there was to comfort her. So I defended her, even beyond the point where I felt comfortable or could be said to be looking out for my own interests.’‘

    This is arguably the most true part of the book. He does have to comfort her, so she doesn’t talk. And it probably was uncomfortable.

    And ‘‘beyond the point where ... I could be said to be looking out for my own interests.’’ Notice that Raffaele does not say ‘‘beyond that point where I WAS looking out for my own interests. It only ‘looks’ like it, because it is very much in his interest - at that time - to pacify Amanda.

    [page 40] ‘’.... Italian newspapers reporting ‘Amanda could kill for a pizza’.’‘

    To most people, Raffaele could mean this signifies that killing and death did not affect her greatly, or that she is simply immature.

    It could also be an admission: Meredith’s death was over something extremely trivial, and Raffaele knew it.

    [page 40] ‘’...Why focus on her, and not on Meredith’s other friends? I wondered. She and Amanda were new acquaintances…’‘

    Exactly. Compared to what has been portrayed, they were not close friends, or even friends

    [page 41] ‘’... Amanda noticed the police’s sex obsession right away; they couldn’t stop asking her about the Vaseline pot and a vibrator they had found in the bathroom. The vibrator was a joke item, a little rubber bunny rabbit shaped to look like a vibrator and fashioned into a pendant, but the police seemed to find this difficult to accept. What about Meredith’s sex life? Amanda knew only that Meredith had left a boyfriend in England and was now involved with one of the men who lived downstairs, a twenty-two-year-old telecommunications student with a carefully sculpted beard and outsize earrings named Giacomo Silenzi. Amanda had helped Meredith out a couple times by giving her a condom from her supply. But Amanda had no idea how, or how often, Meredith had sex and didn’t feel comfortable fielding questions about it.’‘

    This is creepily ‘Knoxian’ in that Raffaele is deliberately leaking extremely personal details about Meredith. Is this a desire they share: to humiliate her deeper, in the public domain, far beyond what they already have done.

    [page 42] ‘’... A few days later, this episode would be distorted in the newspapers to make it seem as if the first thing we did after the murder was to buy sexy lingerie—specifically, a G-string—and tell each other how we couldn’t wait to try it out. The store owner, who did not speak English, corroborated the story in pursuit of his own brief moment in the spotlight. True, the surveillance video in the store showed us touching and kissing, but that was hardly a crime. I wasn’t making out with her in some vulgar or inappropriate way, just comforting her and letting her know I was there for her. Besides, there was nothing remotely sexy about Bubble. A much sexier underwear store was next door, and we didn’t set foot in…’‘

    Interesting. Raffaele says that this was blown out of proportion, yet his defense is that we didn’t do anything sexual, but if we did, it is not a crime, and besides, there was a better place next door.

    [page 43] ‘’... I realized I had not properly acknowledged my own discomfort with Amanda. I was not scandalized by her, in the way that so many others later said they were, but I shouldn’t have allowed her to climb all over me in the Questura, and I should have counseled her quietly not to complain so much. I understood the gallant side of being her boyfriend, but I could have given her better advice and protected myself in the process.’‘

    Translation: Amanda, quit whining so much. And while boning you in the police station may be fun, it is seriously jeopardizing my interests.

    [page 44] ‘’... She told them, quite openly, about a guy from Rome she went to bed with a few days before meeting me. She had no problem being open about her sex life, and that made her interrogators suspicious. How many men, they wondered, did she plan on getting through during her year in Perugia?

    Probably true, except for the conclusion. More likely they wondered: Why does she have to bring this up now?

    [page 46]’‘... My sister, Vanessa, made her own separate inquiries and felt much less reassured. The first time she called the Questura, they left her waiting on the line, even though she announced herself as a lieutenant in the carabinieri, and never took her call.
    The second time, she had herself put through from the carabinieri’s regional switchboard, to make it more official. This time she got through, but only to a junior policeman clearly her inferior. (In Italian law enforcement, protocol on such matters is followed scrupulously.) “Listen,” the man told her impatiently, “everything is fine.”

    “Is there someone I can talk to who is in charge of this case?” Vanessa insisted.

    This sounds like a very detailed (if true) attempt at subverting justice. Way to drop Vanessa in it, Raffy.

    [page 47] ‘’... The truth, though, was that the authorities were still clueless.’‘

    Don’t worry, they will get a clue soon enough.

    [page 48] ‘’... What did they have on us? Nothing of substance. But they did find our behavior odd, and we had no real alibi for the night of November 1 except each other, and we did not have lawyers to protect us, and we seemed to have a propensity for saying things without thinking them through. In other words, we were the lowest-hanging fruit, and the police simply reached out and grabbed us.’‘

    So, what does Sollecito list in just this paragraph?

    (a) Odd behaviour
    (b) No real alibi except each other
    (c) Saying things without thinking them through

    Can’t see why this would attract police attention…

    [page 49] ‘’... Not only did they have no physical evidence, they saw no need for any.’‘

    Well, odd behaviour, no real alibi,conflicting stories, and saying things through without thinking them through… oh, right, and that very detailed account of Patrik murdering Meredith, Sollecito ‘might’ be there, and Raffaele telling a pack of lies.

    I guess physical evidence would be overkill (pardon the pun). Sounds very Knoxian in the ‘there is no evidence’ denials.

    [page 50] ‘’... Carrying a small knife had been a habit of mine since I was a teenager—not for self-defense, mind you, just as an ornamental thing. I’d use one occasionally to peel apples or carve my name on tree trunks, but mostly I carried them around for the sake of it. Having a knife on me had become automatic, like carrying my wallet or my keys.’‘

    So the rumours of having a knife fetish are true? Thanks for confirming it.

    [page 50] ‘’... Besides, what kind of idiot killer would bring the murder weapon to the police station?’‘

    Wow - how to begin with this one…  Although, on a more manipulative level, was it not the other knife that actually delivered the fatal blow?

    [page 51] ‘’... My words in Italian—stai tranquillo—were the last my father would hear from me as a free man.’‘

    It could mean physically free. Could also mean not free as in forced to confront his actions.

    [page 51]  “You need to tell us what happened that night,” they began.

    “Which night?” I asked wearily. I was getting tired of the endless questioning. I don’t think they appreciated my attitude.

    “The night of November first.”

    I don’t think this is a drug haze. More just being arrogant and callous.

    [page 56] ‘’... I had been brought up to think the police were honest defenders of public safety. My sister was a member of the carabinieri, no less! Now it seemed to me they were behaving more like gangsters.’‘

    Another sign of entitlement showing. Surely, the little brother of a carabinieri officer should not have to be subjected to this nonsense.

    [page 56] ‘’... Something was exciting the police more than my pocketknife, and that was the pattern they had detected on the bottom of my shoes. By sheer bad luck, I was wearing Nikes that night, and the pattern of concentric circles on the soles instantly reminded my interrogators of the bloody shoe prints at the scene of the crime, which were made by Nikes too.

    I had no idea of any of this. All I knew was, the rest of the interrogation team piled back into the room and told me to take off my shoes.’‘

    Shoeprints placing a person at a crime scene? Why would that possibly be considered evidence?

    [page 59] ‘’... Then, at some point after midnight, an interpreter arrived. Amanda’s mood only worsened. She hadn’t remembered texting Patrick at all, so she was in no position to parse over the contents of her message. When it was suggested to her she had not only written to him but arranged a meeting, her composure crumbled; she burst into uncontrollable tears, and held her hands up to her ears as if to say, I don’t want to hear any more of this.’‘

    Depending on whether or not you believe Amanda’s ‘version’ of events, this could either be corroboration of her events, or corroboration she faked her fit.

    Minor detail: Sollecito was in a totally different part of the Questera, but hey, it’s just semantics.

    [page 61] ‘’...When I first found out what Amanda had signed her name to, I was furious. Okay, she was under a lot of pressure, as I had been, but how could she just invent stuff out of nowhere? Why would she drag me into something I had no part of? It soon transpired, of course, that she felt similarly about me. “What I don’t understand,” she wrote, as soon as she began to retract her statements, “is why Raffaele, who has always been so caring and gentle with me, would lie. . . . What does he have to hide?”

    It took us both a long time to understand how we had been manipulated and played against each other. It took me even longer to appreciate that the circumstances of our interrogations were designed expressly to extract statements we would otherwise never have made, and that I shouldn’t blame Amanda for going crazy and spouting dangerous nonsense…’‘

    -If Amanda got me locked up, I would be mad too
    -Yes, she did make stuff (about Patrik) out of nowhere
    -I was angry when Amanda asked ‘what I have to hide’
    -Yes, police tend to play suspects off each other
    -Yes, suspects try to avoid implicating each other
    -Yes, Amanda only spouted dangerous nonsense after you took her alibi

    This section is almost 100% true

    [page 62] ‘’... Even before dawn broke on November 6, the authorities had us where they wanted us. True, neither of us had confessed to murder. But what they had—a web of contradictions, witnesses pitted against each other, and a third suspect on whom to pin the crime—was an acceptable second best.’‘

    Also true, and great police work.

    [page 63] ‘’... I asked to talk to my family again. I said I needed at least to inform my thesis director where I was. “Where you’re going, a degree’s not going to do you any good,” came the answer.’‘

    Curious, he has just been arrested for murder and sexual assault, and among his first thoughts is his thesis. And didn’t he end up doing his Master’s thesis ... on himself?

    [page 64] ‘’... As soon as we walked into my apartment, a policeman named Armando Finzi said loudly that the place stank of bleach. That wasn’t correct. My cleaning lady had been through the day before and cleaned the tile floor with Lysoform, not bleach. Still, he insisted on mentioning the bleach a couple more times—the clear implication being that I’d needed something powerful to clean up a compromising mess.’‘

    Perhaps overanalysing this, but could Raffaele be flippantly thinking to himself: Nope, the cleaning lady used lysoform to clean up the mess. Wasn’t bleach, dudes.

    [page 77] ‘’... Even before Judge Matteini had finished reading the complaint against me, I blurted out that I didn’t know Patrick Lumumba and that any prints from my shoes found at Via della Pergola could only have been made before November 1. Immediately I ran into trouble because I had in fact met Patrick at his bar, on the night Amanda and I first got together. And I had no idea that the shoe prints in question were made in blood. In no time, I was flailing and suggesting, in response to the judge’s pointed questions, that maybe I picked up some of the blood on the floor when I walked around the house on November 2, the day the body was discovered. Even more unwisely, I speculated that someone might have stolen my shoes and committed the murder in them. It just did not occur to me that the shoe print evidence was wrong.

    At Raffaele’s first hearing:

    -He claims not to have met Patrick, (his co-accused), but admits later, that he has
    -He suggests that he may have picked up blood on the floor
    -He claims the shoes were stolen

    Why would Judge Matteini have reason to doubt his story?

    [page 78] ‘’... I felt like a fool describing my extensive knife collection and even described myself as a testa di cazzo, a dickhead, for having so many. My judgment and my self-confidence were sinking fast.

    “Perhaps the worst moment came when I was asked, for the umpteenth time, if Amanda had gone out on the night of the murder. I still had no clarity on this and could not answer the judge’s repeated questions without sounding evasive.”

    [page 80] ‘’... Matteini swallowed the prosecution’s story whole. The break-in was staged after the fact, she asserted—just as Mignini had. The murderer or murderers must therefore have got into the house with a set of keys, and Amanda was the only keyholder without a solid alibi for the night in question. Patrick Lumumba had the hots for.

    Meredith, Matteini theorized, and Amanda and I tagged along to experience something new and different. From my testimony at the hearing, Matteini concluded I was “bored by the same old evenings” and wanted to experience some “strong emotions.” (She moved my blog entry from October 2006, the date marked on the document, to October 2007, just weeks before the murder, which bolstered the argument.) She didn’t ascribe a specific motive to Amanda, assuming only that she must have felt the same way I did. The bloody footprints “proved” I was present at the scene of the murder, and my three-inch flick knife was “compatible with the possible murder weapon.” The house, she wrote, was “smeared with blood everywhere.”

    Substitute in Rudy Guede for Patrick, and this sounds somewhat plausible.

    [page 83] ‘’... Amanda recovered her lucidity faster than I did. The day we were arrested, she wrote a statement in English that all but retracted what she had signed the night before. “In regards to this ‘confession,’ ” she wrote, “I want to make clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock and extreme exhaustion.” She was still conjuring up images of Patrick as the murderer, but she added, “These things seem unreal to me, like a dream, and I am unsure if they are real things that happened or just dreams in my head.”

    The next day, she wrote a second, more confident statement: “I DID NOT KILL MY FRIEND . . . But I’m very confused, because the police tell me that they know I was at my house when she was murdered, which I don’t remember. They tell me a lot of things I don’t remember.” Then she gave a substantially more accurate account of the night of November 1 than I was coming up with at the time.’‘

    All this does is confirm that much of the confusing, manipulative statements from Amanda exist. Gee thanks Raffaele.

    [page 86] ‘’... short story about date rape that Amanda had submitted to a University of Washington creative-writing class was held up as evidence of her warped criminal mind. A Myspace video of her boasting about the number of shots she had downed at a party became an excuse to depict her as an alcohol-fueled harpy. I was described as “crazy,” based on a line I’d written in a blog entry, and held up to ridicule for a photograph, taken during a high-spirited moment of fun in my first year in Perugia, in which I was wrapped from head to foot in toilet paper, brandishing a machete in one hand and a bottle of pink alcohol in the other.’‘

    “Amanda does lots of alcohol, write rape stories, and I dress in toilet paper, wielding a machete. Nothing to see here, people.”

    [page 87] ‘’... I knew a lot of the coverage of the case itself was flawed. It was reported, for example, that the police had found bleach receipts at my house, strongly suggesting I had purchased materials to clean up the crime scene. But my cleaning lady didn’t use bleach, and the only receipts the police found from November 1 onward were for pizza. I wouldn’t have needed to buy bleach, anyway, because I had some left over from my previous cleaning lady. It had sat untouched for months.’‘

    “Nope, I didn’t need to buy bleach for the cleanup, I already had it.”

    [page 88] ‘’... Then came Maori. He told me that he too carried pocketknives from time to time. But he didn’t seem too interested in connecting with me beyond such superficial niceties. I felt he didn’t entirely trust me. His game plan, which became clear over a series of meetings, was to dissociate me as much as possible from Amanda. And that was it. He did not have a clear strategy to undermine the prosecution’s evidence on the knife and the shoe print, because—as he indicated to me—he believed there might be something to it. ‘’

    Which means: “I don’t really believe you are innocent, the evidence seems too strong. But for your sake, separate yourself from this mentally unstable woman.”

    Sounds very likely.

    [page 90] ‘’... I even allowed myself a little optimism: my computer, I decided, would show if I was connected to the Internet that night and, if so, when, and how often. Unless Amanda and I had somehow made love all night long, pausing only to make ourselves dinner and nod off to sleep, the full proof of our innocence would soon be out in the open.

    According to the police, it showed no activity from the time we finished watching Amélie at 9:10 p.m. until 5:30 the next morning.

    That sounded all wrong to me, and my defense team’s technical experts would later find reasons to doubt the reliability of this finding. But there would be no easy way out of the mess Amanda and I were now in.’‘

    Wishful thinking to form a coherent alibi or defense. Indeed, if only it was that simple.

    [page 91] ‘’...Still, there was something I could not fathom. How did Meredith’s DNA end up on my knife when she’d never visited my house? I was feeling so panicky I imagined for a moment that I had used the knife to cook lunch at Via della Pergola and accidentally jabbed Meredith in the hand. Something like that had in fact happened in the week before the murder. My hand slipped and the knife I was using made contact with her skin for the briefest of moments. Meredith was not hurt, I apologized, and that was that. But of course I wasn’t using my own knife at the time. There was no possible connection.’

    I imagined this happened? Is amnesia or hallucinating contagious? I’m surprised he did not have a vision that he saw Patrik attacking Meredith.

    On another note: giving a blatantly false account of how a victim’s DNA ended up on your knife seems a bit suspicious.

    [page 93] ‘’... The nuts and bolts of the investigation, the hard evidence, kept yielding good things for us. We were told that my Nikes had tested negative for blood and for Meredith’s DNA. So had my car, and everything else I had touched around the time of the murder. Even the mop Amanda and I carried back and forth on the morning of November 2, an object of particular suspicion, was reported to be clean.

    Well, I have no doubt that the AMERICAN media reported this to be the case….

    And ‘the mop Amanda and I carried back and forth…?’

    [page 94] ‘’... During a conversation with her mother in prison, they reported, Amanda had blurted out, “I was there, I cannot lie about that.” She seemed not to realize the conversation was being recorded, and the police picked up on it right away.’‘

    Amanda again places herself at the scene, but again, there is a simple explanation. Amanda being Amanda?

    [page 94] ‘’... his time the papers quoted what they said was an extract fromher diary. “I don’t remember anything,” the passage read, “but maybe Raffaele went to Meredith’s house, raped and killed her, and then put my fingerprints on the knife back at his house while I was asleep.”

    Of course, Amanda writes that someone planted her fingerprints. Odd, as I think that no one ever claimed her prints were on the knife. Why would she think they were?

    This needs to be said: What the hell is U of W teaching in their ‘creative writing’ program?

    [page 97] ‘’... I remember watching the news of Guede’s arrest on the small-screen TV in my cell and seeing the Perugia police all puffed up with pride about catching him. If anything, I felt happier than they did, because Guede was a complete stranger to me. The relief was palpable. All along I had worried the murderer would turn out to be someone I knew and that I’d be dragged into the plot by association. Now I had one less thing to worry about. Not that I wasn’t still wary: so much invented nonsense had been laid at my door I was still half-expecting the authorities to produce more.’

    The ‘real’ killer is caught, and you are worried more things may be invented? Interesting.

    [page 98] ‘’...Lumumba had every right to be angry; he had spent two weeks in lockup for no reason. He had been able to prove that Le Chic stayed open throughout the evening of November 1, producing an eyewitness, a Swiss university professor, who vouched for his presence that night. One would expect his anger to be directed as much toward Mignini, who threw him in prison without checking the facts, as it was toward Amanda. But Lumumba and his strikingly aggressive lawyer, Carlo Pacelli, could find only vicious things to say about Amanda from the moment he got out of jail—even though he had not, in fact, fired her and remained friendly with her for several days after the murder.’‘

    True, except why be mad at Mignini? It is Amanda who falsely accused him, not Mignini. But again, minor details.

    [page 107] ‘’... Papà was spinning like a dervish to clear my name, but not everyone he hired was as helpful as he hoped. One consultant whom he asked to monitor the Polizia Scientifica demanded eight thousand euros up front, only to prove reluctant to make overt criticisms of the police’s work, the very thing for which he’d been hired. A forensic expert who also seemed a little too close to the police charged four thousand euros for his retainer with the boast, “I’m expensive, but I’m good.” He wasn’t. A computer expert recommended by Luca Maori didn’t know anything about Macs, only PC’s.’‘

    That first line is a bit disturbing. ‘Not everyone he hired was as helpful as he hoped.’ This can be easily interpretted as shopping around for an expert of ‘hired gun’.

    [page 110] ‘’... Amanda and I came in for what was by now a familiar drubbing. The judges said my account of events was “unpardonably implausible.” Indeed, I had a “rather complex and worrying personality” prone to all sorts of impulses. Amanda, for her part, was not shy about having “multiple sex partners” and had a “multifaceted personality, detached from reality.” Over and above the flight risk if we were released from prison, the judges foresaw a significant danger that we would make up new fantastical scenarios to throw off the investigation. In Amanda’s case, they said she might take advantage of her liberty to kill again.’‘

    Most rational people would come to the same conclusions.

    [page 112] ‘’... Since I had no such testimony to offer, I did the Italian equivalent of taking the Fifth: I availed myself, as we say, of the right not to respond.

    I found some satisfaction in that, but also frustration, because I had at last worked out why Amanda did not leave—could not have left—my house on the night of the murder. She didn’t have her own key, so if she’d gone out alone, she would have had to ring the doorbell and ask me to buzz her back in. Even if I’d been stoned or asleep when she rang, I would have remembered that. And it didn’t happen.’‘

    Hmm… I swear I am innocent, but plead the fifth ammendment. And I am not positive Amanda did not leave, but ad hoc have worked out that she must not have.

    [page 112] ‘’...Obviously, I wanted to shout the news to the world. But I also understood that telling Mignini now would have been a gift to him; it would only have bought him time to figure out a way around it.’‘

    “I could tell a certain version of events to the prosecutor, but if I did that now, he would only have time to discover the holes in that story.”

    [page 113] ‘’... I knew the Kerchers had hired an Italian lawyer, Francesco Maresca, whom they picked off a short list provided by the British embassy. I addressed my letter to him, saying how sorry I was for everything that had happened and expressing a wish that the full truth would soon come out.

    I was naive enough to believe that Maresca would be sympathetic.’‘

    Knox was criticised for fake attempts to reach out to the victim’s family, and had been told to act more like a defendant. Interesting that it started so much earlier.

    [page 115] ‘’... Regrettably, Guede’s shoes were not available, presumably because he ditched them; they were not at his apartment and they were not among his possessions when he was arrested in Germany.’‘

    Very interesting. Raffaele believes that the ‘murderer’s shoes’ were not available, and may have been ditched. This seems to be more than just speculation on his part.

    [page 117] ‘’... Mignini questioned Amanda again on December 17, and she, unlike me, agreed to answer his questions in the presence of her lawyers. She was more composed now and gave him nothing new to work with. She couldn’t have been present at the murder, she insisted, because she’d spent all night with me.’‘

    How does this not sound incredibly incriminating? I refused to talk, though Amanda agreed to, but only with lawyers. And does this not sound like Amanda was better able to stonewall the investigation?

    [page 121] ‘’... Instead, he tried to control the damage and talked to every reporter who called him. “The most plausible explanation,” he said to most of them, “is that the bra had been worn by Amanda as well, and Raffaele touched it when she was wearing it.”

    There were two problems with this statement. First, it was so speculative and far-fetched it did nothing to diminish the perception that I was guilty. And, second, it showed that my father—my dear, straight-arrow, ever-optimistic, overtrusting father—still couldn’t stop assuming that if the police or the prosecutor’s office was saying something, it must be so.

    There are 3 possibilities here, all bad.

    (a) This entire scenario was made up, and like the ‘my shoes were stolen’, only leaves everyone shaking their heads in disbelief.

    (b) Amanda actually had worn the bra BEFORE and returned it without washing it. Remember what this woman tends to think when she sees blood. Ew.

    (c) Amanda wore the bra AFTER Meredith was murdered, and that she and Raffaele fooled around after. Not too farfetched when you remember that Raffaele kept the murder weapon as a souvenir.

    [page 122] ‘’... Along with the Albanian, we had to contend with a seventy-six-year-old woman by the name of Nara Capezzali, who claimed she had heard a bloodcurdling scream coming from Meredith’s house at about 11:00 p.m. on the night of the murder, followed by sounds of people running through the streets.’‘

    Yes, this confirms at least part of Amanda’s account that night. Yes, she seemed to vaguely remember Patrik killing Meredith, and wasn’t sure if Raffaele was there, but the scream detail is corroborated.

    [page 125] ‘’... As my time alone stretched out into weeks and then months, I had to let go of everything that was happening and hold on to other, more permanent, more consoling thoughts: my family and friends, the memory of my mother, the simple pleasures I’d enjoyed with Amanda, the peace that came from knowing that neither of us had done anything wrong.

    If they want to kill me this way, I remember thinking, let them go ahead. I’m happy to have lived life as I did, and to have made the choices I made.’‘

    Hmm… so he finds peace being locked away for things he did not do?

    More likely, Raffaele is coming to terms with the inevitable consequences of life in prison.

    [page 129] ‘’... The one victory we eked out was a finding that we should have been told we were under criminal investigation before our long night of interrogations in the Questura. The statements we produced would not be admissible at trial.’‘

    Do I really need to explain this one?

    [page 150] ‘’... I talked about Amanda with Filippo, my cellmate, and he listened, just as I had listened to his problems. One day, though, he told me he was bisexual, and his eyes started to brighten visibly when he looked at me. Then he burst into tears and tried to caress my face.’‘

    Given the overlap between Waiting to be Heard and Honor Bound, did the ‘authors’ collaborate?

    [page 151] ‘’... My father hired a telecommunications expert to help resolve a few other mysteries from the night of the murder. The prosecution had given no adequate explanation for a series of calls registered on Meredith’s English cell phone after she’d returned from her friends’ house around 9:00 p.m., and many of them seemed baffling, assuming they were made—as the prosecution argued—by Meredith herself. We believed Meredith was dead by the time of the last two calls, and our expert Bruno Pellero intended to help us prove that.’‘

    This sounds disturbingly like another attempt to subvert justice.

    [page 154] ‘’... She also acknowledged that a contaminated or improperly analyzed DNA sample could, in theory, lead to an incorrect identification.’‘

    Wait, weren’t those same people involved in the finding the evidence against Guede? Right, that evidence is clean.

    [page 156] ‘’... Judge Micheli issued his ruling at the end of October. On the plus side, he found Guede guilty of murder and sentenced him to thirty years behind bars in an accelerated trial requested by Guede himself. Judge Micheli also accepted our evidence that it wouldn’t have been that difficult to throw a rock through Filomena’s window and climb the wall.

    But, Spider-Man or no Spider-Man, he still didn’t believe Guede got into the house that way. He argued that Filomena’s window was too exposed and that any intruder would have run too great a risk of discovery by climbing through it. Therefore, he concluded, Amanda and I must have let him in. There seemed to be no shaking the authorities out of their conviction that the break-in was staged.’‘

    So, Judge Micheli is a fine judge who saw Rudy Guede for who he is and convicted him, yet he is so poor a judge he ruled that Amanda and I had to be involved?

    Didn’t Knox say very similar things in her December 2013 email to Appeal Court Judge Nencini?

    [page 160] ‘’... Still, the prosecution jumped all over [Quintavalle] and later put him on the stand to bolster the argument that Amanda and I had spent that morning wiping the murder scene clean of our traces—but not, curiously, Guede’s. It was one of their more dishonest, not to mention absurd, arguments, because any forensics expert could have told them such a thing was physically impossible. Still, it was all they had, and they single-mindedly stuck to it.’‘

    Depending on how you view this, it could be an ad hoc admission that yes, selectively cleaning up wasn’t really possible, as the evidence was all intermingled.

    [page 167] ‘’... I was pushing for another sort of change, a single trial team to defend Amanda and me together. I was told right away that this was out of the question, but I don’t think my logic was wrong. The only way either of us would get out of this situation, I reasoned, was if we stuck together. If the prosecution drove a wedge between us, we would more than likely both be doomed.’‘

    This seems to justify Guede’s suspicions that his co-defendants would team up on him.

    [page 169] ‘’... Stefanoni and Mignini were holding out on that information, and we needed to pry it from them quickly before more damage was done. The shots would ultimately be called by the judge, and we hadn’t had a lot of luck with judges so far.’‘

    Why would you need ‘luck’ from a judge?

    [page 173] ‘’... No matter how much we demanded to be heard, no matter how much we sought to refute the grotesque cartoon images of ourselves and give calm, reasoned presentations of the truth, we never escaped the feeling that our words were tolerated rather than listened to; that the court was fundamentally uninterested in what we had to say.’‘

    That is probably true. No one cares why Amanda’s vibrator is on full display.

    And yes, you did demand to be heard. Perhaps, if you had agreed to full cross examination, you would know what the judges and prosecutors would be interested in hearing.

    [page 173] ‘’... A week later, Meredith’s English friends took the stand and testified with such uniform consistency it was hard to think of them as distinct individuals. Robyn Butterworth, Amy Frost, and Sophie Purton all said that Meredith had been unhappy with Amanda’s standards of hygiene, particularly her forgetfulness about flushing the toilet. It sounded almost as if they were reading from a prepared script. Meredith, they agreed, had found Amanda a little too forward for keeping her condoms and what looked like a vibrator in their shared bathroom. And, they said, Amanda had acted weirdly in the Questura.

    That was it. They mentioned nothing positive about the relationship. No word on Meredith and Amanda’s socializing together, or attending Perugia’s annual chocolate festival, or going to the concert on the night Amanda and I met.’‘

    Yes, the prosecution case does seem stronger when their witnesses are consistent. Absolutely right.

    Strangely, Meredith’s English friends also did not talk about how compassionate Amanda was at the memorial. Wait a minute….

    [page 174] ‘’... Amanda arrived in court wearing a T-shirt with the words ALL YOU NEED IS LOVE emblazoned in huge pink letters, to mark Valentine’s Day. It seemed she wanted to find a way to defuse the English girls’ ill will toward her, but it didn’t work.’‘

    No kidding.

    [page 186] ‘’... Meanwhile, we had to worry about Amanda taking the stand. Her lawyers decided that the best way to refute the stories about her wayward personality was to have the court take a good, hard look at her up close. But my lawyers were deeply concerned she would put her foot in her mouth, in ways that might prove enduringly harmful to both of us. If she deviated even one iota from the version of events we now broadly agreed on, it could mean a life sentence for both of us.’‘

    Amanda puts her foot in her mouth? Yup.

    “The truth we agreed on”?? Come on, you actually put this in the book?

    [page 193] ‘’... My father was all over the place. He knew exactly how bad the news was, but he wanted to shield me as best he could. “Whatever happens, don’t worry,” he told me. “There’s always the appeal. The work we’ve done won’t go to waste.”

    And indeed, the first (now annulled) appeal did ‘save’ them.

    [page 195] ‘’... Mignini had to scrabble around to explain how Amanda, Guede, and I could have formulated a murder plan together without any obvious indication that we knew each other. Guede, he postulated, could have offered himself as our drug pusher.’‘

    “I can explain that. Amanda and I are admitted drug users. We smeared Guede as a drug dealer. Reasonable people might believe that there is some connection to drugs.”

    [page 204] ‘’... The next piece of bad news came down within three weeks of our being found guilty. Rudy Guede’s sentence, we learned, had been cut down on appeal from thirty years to sixteen. The thinking of the appeals court was that if Amanda and I were guilty, then Guede couldn’t serve a sentence greater than ours. If I had supplied the knife and Amanda had wielded it, as Mignini and Comodi postulated and Judge Massei and his colleagues apparently accepted, we needed to receive the stiffer punishment.’‘

    Yes, the thinking of the courts, and those pesky short-form trial sentence deductions that are mandatory.

    ‘’[page 204] ...I didn’t think I could feel any worse, but this was an extra slap in the face and it knocked me flat. Not only were Amanda and I the victims of a grotesque miscarriage of justice, but Meredith’s real killer, the person everybody should have been afraid of, was inching closer to freedom. It wasn’t just outrageous; it was a menace to public safety.’‘

    Yes, it was a miscarriage in that Amanda and I didn’t get the life sentences Mignini called for, and that Meredith’s real killer, Amanda, would soon get her freedom via Hellmann.

    [page 219] ‘’... My family was not beating up on Amanda entirely without cause. What I did not know at the time, because they preferred not to fill me in, was that they were exploring what it would take for the prosecution to soften or drop the case against me. The advice they received was almost unanimous:’‘

    Although the deal itself is illegal, I have no doubt that the Sollecito family at least explored the option.

    [page 258] ‘’... Judge Hellmann’s sentencing report was magnificent: 143 pages of close argument that knocked down every piece of evidence against us and sided with our experts on just about every technical issue.’‘

    That is true, with one huge omission: the defense only cherry picked a few small pieces of evidence. Yes, it ‘knocked down every piece of evidence we chose to contest.’

    2. Synopsis Of “Honor Bound”

    (20) The robbery that night was perfect, assuming the perp had the inside info.

    (22) My cellphone was turned off.

    (22) If my father called the land line I would have an alibi.

    (24) I cannot make sense of showering in a bloody bathroom.

    (26) Despite the break in, nothing had been taken.

    (27) Someone did not flush the toilet, and I won’t either.

    (27) The following dialogue:

    ‘’ ....Don’t do anything stupid.’‘

    ‘’ ....Now what do we do?’‘

    ‘’ ....My sister is in the Carabinieri.’‘

    (29) I should have been more careful about my choice of words when I said

    ‘’ .... Nothing has been taken.’‘

    (35) The police were shocked/disbelieving Amanda just took a shower.

    (39) Things would be okay if my Carabinieri sister had helped.

    (40) I defended Amanda, beyond the point of looking after my own interests.

    (40) Amanda could kill for something minimal, even a pizza.

    (40) Amanda and Meredith were not friends, despite living together.

    (41) Amanda and I share embarrassing sexual information about the victim.

    (42) We weren’t misbehaving in the lingerie shop, but if we were, it was taken out of context.

    (43) Amanda whined, and we fooled around in the police station. Maybe not a good idea.

    (44) Amanda does not shut up about her sex life.

    (46) Vanessa made inquiries on my behalf.

    (47) Prior to our arrest, the authorities were clueless.

    (48) We behaved oddly, had no real alibi, and said things without thinking.

    (49) We are not guilty only because there is no physical evidence.

    (50) I like to carry knives.

    (51) I had trouble remembering the date Meredith was killed.

    (56) My sister works for the carabinieri. Why am I even here?

    (56) My shoes are similar to ones found at the crime scene

    (59/60) Amanda gave the false statement regarding Patrik.

    (61) The police got Amanda and I to say things against each other.

    (62) Amanda and I spun a web of contradictions.

    (63) This is going to mess up my graduation.

    (64) The smell wasn’t bleach, it was lysoform

    (77) I never met Patrik, my co-accused (or did I)? 

    The shoes might have dragged blood, or might have been stolen.

    (78) I collect a lot of knives, and don’t remember if Amanda left.

    (83) Amanda made admissions she tried to retract.

    (86) Amanda and I engage in alarming behaviour, such as writing rape stories, and taking photos with weapons

    (87) I had access to bleach, receipts or not.

    (88) My lawyer thinks the evidence is strong, and wants me away from Amanda.

    (90) I hope there is evidence on my computer that clears me.

    (91) I imagined that the DNA on the knife came from a cooking accident.

    (93) Amanda and I carried a mop back and forth for some reason.

    (94) Amanda, in a jail recorded call, places herself at the scene.

    (94) Amanda writes that I may have planted her fingerprints on the knife.

    (97) Rudy Guede is caught, but I fear I may get named in other things.

    (98) Lumumba is released, angry at Amanda for false accusation.

    (107) Dad tried to cherrypick experts who would get me out.

    (110) The courts saw us as unstable and potential flight risks.

    (112) I decline to answer.

    (112) I don’t want the prosecutor checking my story

    (113) I creepily tried to reach out to the Kerchers, despite being accused, just like Amanda.

    (115) Rudy should have kept his shoes in order to exonerate Amanda and I.

    (117) I still refused to talk.  Amanda did, with lawyers.

    (121) Amanda has been wearing Meredith’s underwear and without washing it.

    (122) A witness heard Meredith scream, just as Amanda described.

    (125) I am at peace with everything.

    (129) The courts threw out our statements at the police station.

    (150) I had a memorable encounter with a bisexual inmate (same as Amanda)

    (151) My dad tried to find an alternate explanation for the phone evidence.

    (154) The evidence against Rudy Guede is rock solid. The evidence against me is contaminated.

    (156) Micheli is a great judge. He convicted Guede.

    (156) Micheli is an idiot judge.  He believes Amanda and I were involved.

    (160) It was foolish to think we could selectively clean the crime scene.

    (167) In order to save ourselves, Amanda and I teamed up against Rudy.

    (169) We weren’t getting the judges we wanted.

    (173) We did not shut up, but had nothing helpful to say.

    (173) Meredith’s English friends gave consistent testimony that did not help us.

    (174) the ALL YOU NEED IS LOVE t-shirt was a bad idea.

    (186) I worried about Amanda testifying, saying dumb things, and deviating from our ‘version’

    (193) We knew the trial was doomed, but there was the appeal. (Hellmann)?

    (195) For all the ‘drug dealer’ and ‘drug user’ name calling, prosecutors seemed to think this might be about drugs.

    (204) Guede’s sentence was cut from 30 years to 16.  What an injustice for us… I mean Meredith.

    (219) Legally speaking, it would be better to split from Amanda.

    (258) Hellmann’s report knocked down the evidence we chose to present.

    3. Premeditation And Why RS Goes No Further

    The real reason Sollecito goes no further could be in as in the title ‘‘Honor Bound’‘.  Many altruistic people may interpret this as behaving, or conducting themselves honourably. 

    But take a more shallow and selfish view.  It could just refer to being SEEN as honourable.  I think everyone here would agree that RS and AK are quite narcissistic and arrogrant.  And how manly to be protecting the women in your life.

    The truth does set you free - except only when the truth is much worse than what the assumptions are. I repeat, the truth sets you free, except when it is actually worse.

    What could be worse? Premeditation. Far beyond what has been suggested.

    1) Raffaele himself suggests that doing a robbery at the house at that time would be ideal.

    This makes sense if:

    (a) Rudy knew that Filomena had all the money (that she took charge of it)
    (b) That rent would be paid in cash, not a cheque or bank automatic withdrawl.

    So, by this reasoning, there would be over 1000 Euros in cash at that time. Of course, the average household does not carry that much, and normally, there would be no reason to think so. The date had to be planned. It also lends credence to the theory that this really was about money, and he had help.

    2) The fact that Laura and Filomena were gone, as were the men downstairs. Really, how often does it happen, and how would an outsider know?

    3) The trip to Gubbio. Does anyone know if either AK or RS were heavily into travel, or was this a one time thing? My point being that it could have been to establish an alibi, they just didn’t expect to still be there when the police showed up.

    4) The fact that Rudy Guede was brought in, when he had no legitimate reason to be upstairs. RS could explain away DNA or prints, but not RG. Even if it really was just about stealing money, would there not be some trace of him left when the theft was reported.

    And if murder was the plan all along, there would still be some trace of him.

    5) Purchasing bleach. Everyone had assumed that it was done after the fact to clean up, but there is another thought. What if there already was bleach available in the home, and this purchase was merely a replacement as an afterthought?

    6) The knife in Raffaele’s home. What if Amanda chose to bring a knife that Raffaele would not be able to ditch, simply so that should suspicion fall on them, there would be a knife to implicate Raffy? Remember, Amanda already made statements that point to him. Maybe those weren’t her first attempts.

    Of course, I did make the suggestion that they were keeping the knives for trophies.

    7) The ‘alibi’ email home. Sure, it could have been written on the spot. However, it seems too long and detailed for that. Yes, some details would need to be added (like the poop), but who is to say she didn’t start working on it BEFORE the murder?

    8) Keeping the text to Patrik to say ‘see you later’. Amanda says she doesn’t keep messages on her phone, but she had this one, and several days after the murder. Could this have been saved as a ‘backup plan’ in case naming Rudy does not work for some reason. Besides, don’t all black guys look the same? (sarcasm).

    9) Yes, there was a bloody shoeprint (believed to be AK), but I don’t recall anyone saying her shoes were missing, or any other clothes she had. And she supposedly did not have many clothes. So, did she have ‘extras’ for that night?

    10) Wiping down the home (even if it was botched), would take time, and ‘supplies’. A chronic slob just happens to have all these cleaning supplies on hand, or were they acquired before?

    So, I suspect the real refusal to talk is that the full truth is a lot worse than any game or drugged up prank. The time and location is chosen, no clothes are ‘noticed’ missing, and Amanda has at least 3 potential patzies: Rudy, Raffaele, and Patrik. Remember, Guede and Lumumba are on ‘the list’ Knox ended up writing for Rita Ficarra. And AK and RS are scheduled to go on a trip that would take them away with a plausible alibi. Cleaning supplies may already be there.

    Call me cynical: but I see all the signs of staging, and premeditation. Yes, the act itself was messy, but there are very obvious marks of forethought.

    So. What will the judges of Cassation be seeing?


    Sunday, January 18, 2015

    The Sollecito Trial For “Honor Bound” #3: Targeted Claims On Which Sollecito & Gumbel May Fold

    Posted by The TJMK Main Posters



    Dr Giuliano Bartolomei of the chief prosecutor’s office of the Florence court brings the case

    1. The Court Contenders

    Judge Dolores Limongi will preside over Sollecito’s new trial in Florence this thursday and Dr Giuliano Bartolomei will prosecute.

    No word about whether the hapless bungler Andrew Gumbel will attend, but Sollecito has said he will be there.  Sollecito’s defense team seems rather weak. After Sollecito’s own lawyers for his murder trial publicly renounced the most damaging claims in his book (see below) his family turned to Alfredo Brizioli for help.

    Brizioli is a Perugia lawyer who was accused of being one of those trying to disguise the murdered Narducci’s involvement in the Monster of Florence killings. That shadowy group has just taken another hit in Italian eyes - a Milan court has ruled that Narducci, the probable murderer in the Monster of Florence crimes, was indeed himself murdered and there exists powerful evidence for this.

    2. The Specific Charges

    Charges against Sollecito are of two kinds: criminal defamation of both the justice system itself and of some of those who work within it. In US and UK terms criminal contempt of court comes close.

    Criminal contempt charges become separate charges from the underlying case. Unlike civil contempt sanctions, criminal contempt charges may live on after resolution of the underlying case.

    One charged with criminal contempt generally gets the constitutional rights guaranteed to criminal defendants, including the right to counsel, right to put on a defense, and the right to a jury trial in certain cases. Charges of criminal contempt must be proven beyond a reasonable doubt.

    However, incarceration for contempt may begin immediately, before the contempt charge is adjudicated and the sentence decided. Depending on the jurisdiction and the case, the same judge who decided to charge a person with contempt may end up presiding over the contempt proceedings.

    Criminal contempt can bring punishment including jail time and/or a fine.

     

    In this case a guilty verdict can open the tidal gates to criminal prosecutions and civil suits against Sharlene Martin and the Simon & Schuster team and all those many who repeated ANY of Sollecito’s and Gumbel’s false claims as gospel in their own books and online in the US and UK.

    3. Nature Of The Claims

    Typically the modus operandi of Knox and Sollecito and their factions in their US campaign (this falls flat in Italy) is to make some very damaging core claims, while leaving hundreds of pesky truths ignored.

    Pesky truths helpfully ignored by most of the US and UK media too who apart from freelance Andrea Vogt have still done almost zero translation of their own. The previous post below shows a good example of this. Sollecito makes 20 false claims in a few pages. Dozens of facts that would belie those claims are simply left out.

    The false claims continue (with considerable duplication for emphasis) throughout the 250-plus pages of the book.

    Sollecito’s claims were published only in English. That was in the apparent hope that things would be reversed by political pressure from the US. Perhaps the US would let Sollecito come and live and stiff the Italian courts.

    The Italian flagship crime show Porta a Porta wrecked that unusual and in-itself damaging strategy only 10 days out - with Francesco Sollecito’s and Luca Maori’s help.

    The three worst-case examples quoted here and some others became public when Andrea Vogt and Italian reporters pointed to them after an October hearing. Page numbers are for the hard-cover book. 



    Raffaele Sollecito retained Alfredo Brizioli after he burned his trial lawyers in his book

    4. Example Claim One

    Our brief response to this for now is that this felony attempt to frame the prosecutor for a serious crime was entirely made up. His own father and both his trial lawyers publicly said so. There was never a police or prosecution bias against Knox or toward Sollecito. As was very obvious at trial in 2009 the case against both was equally strong (an example of a key fact left out). Knox herself would seem to have a reason to get mad with Sollecito for this shafting - and in fact she did.

    [ Page 219-222] My family was not beating up on Amanda entirely without cause. What I did not know at the time, because they preferred not to fill me in, was that they were exploring what it would take for the prosecution to soften or drop the case against me. The advice they received was almost unanimous: the more I distanced myself from Amanda, the better. The legal community in Perugia was full of holes and leaks, and my family learned all sorts of things about the opinions being bandied about behind the scenes, including discussions within the prosecutor’s office. The bottom line: Mignini, they were told, was not all that interested in me except as a gateway to Amanda. He might indeed be willing to acknowledge I was innocent, but only if I gave him something in exchange, either by incriminating Amanda directly or by no longer vouching for her.

    I’m glad my family did not include me in these discussions because I would have lost it completely. First, my uncle Giuseppe approached a lawyer in private practice in Perugia - with half an idea in his head that this new attorney could replace Maori - and asked what I could do to mitigate my dauntingly long sentence. The lawyer said I should accept a plea deal and confess to some of the lesser charges. I could, for instance, agree that I had helped clean up the murder scene but otherwise played no part in it. “He’d get a sentence of six to twelve years,” the lawyer said, “but because he has no priors the sentence would be suspended and he’d serve no more jail time.”

    To their credit, my family knew I would never go for this. It made even them uncomfortable to contemplate me pleading guilty to something I had not done. It was, as my sister, Vanessa, put it, “not morally possible.”

    The next line of inquiry was through a different lawyer, who was on close terms with Mignini and was even invited to the baptism of Mignini’s youngest child that summer. (Among the other guests at the baptism was Francesco Maresca, the Kerchers’ lawyer, who had long since aligned himself with Mignini in court.) This lawyer said he believed I was innocent, but he was also convinced that Amanda was guilty. He gave my family the strong impression that Mignini felt the same way. If true - and there was no way to confirm that - it was a clamorous revelation. How could a prosecutor believe in the innocence of a defendant and at the same time ask the courts to sentence him to life imprisonment? The lawyer offered to intercede with Mignini, but made no firm promises. He wasn’t willing to plead my cause, he said, but he would listen to anything the prosecutor had to offer.

    Over the late spring and summer of 2010, my father used this lawyer as a back channel and maneuvered negotiations to a point where they believed Mignini and Comodi would be willing to meet with Giulia Bongiorno and hear what she had to say. When Papà  presented this to Bongiorno, however, she was horrified and said she might have to drop the case altogether because the back channel was a serious violation of the rules of procedure. A private lawyer has no business talking to a prosecutor about a case, she explained, unless he is acting with the express permission of the defendant. It would be bad enough if the lawyer doing this was on my defense team; for an outside party to undertake such discussions not only risked landing me in deeper legal trouble, it also warranted disciplinary action from the Ordine degli Avvocati, the Italian equivalent of the Bar Association.

    My father was mortified. He had no idea how dangerous a game he had been playing and wrote a letter to Bongiorno begging her to forgive him and stay on the case. He was at fault, he said, and it would be wrong to punish her client by withdrawing her services when I didn’t even know about the back channel, much less approve it. To his relief, Bongiorno relented.

    My family, though, did not. Whenever they came to visit they would suggest some form of compromise with the truth. Mostly they asked why I couldn’t say I was asleep on the night of the murder and had no idea what Amanda got up to.


    5. Example Claim 2

    Our brief response to this for now is that the case against Sollecito was being driven by Judge Matteini and Judge Ricciarelli and Judge Micheli, not Dr Mignini (an example of a key fact left out) and they got their information directly from the police. More than a year prior to Sollecito’s book coming out, a Florence appeal court had totally annulled a vengeance conviction against Dr Mignini [“there is no evidence”] and the Supreme Court had endorsed the result (an example of a key fact left out).

    [2. Page 176-177] One of the reasons our hearings were so spread out was that Mignini was fighting his own, separate legal battle to fend off criminal charges of prosecutorial misconduct. He and a police inspector working on the Monster of Florence case stood accused of intimidating public officials and journalists by opening legal proceedings against them and tapping their phones without proper justification.

    To Mignini, the case smacked of professional jealousy because the prosecutors in Florence resented his intrusion on a murder mystery they had struggled for so long to resolve. But Mignini’s behavior had already attracted international condemnation, never more so than when he threw the journalist most indefatigably devoted to following the Monster case, Mario Spezi, into jail for three weeks.

    Spezi had ridiculed Mignini’s theories about Francesco Narducci, the Perugian doctor whom Mignini suspected of being part of a satanic cult connected to the killings. In response, Mignini accused Spezi himself of involvement in Narducci’s murder - even though the death had been ruled a suicide. It was a staggering power play, and the international Committee to Protect Journalists was soon on the case. Spezi was not initially told why he was being arrested and, like me, was denied access to a lawyer for days. Even Mignini, though, could not press murder charges without proving first that a murder had taken place, and Spezi was eventually let out.

    I firmly believe that our trial was, among other things, a grand diversion intended to keep media attention away from Mignini’s legal battle in Florence and to provide him with the high-profile court victory he desperately needed to restore his reputation. Already in the pretrial hearing, Mignini had shown signs of hypersensitivity about his critics, in particular the handful of English-speaking investigators and reporters who had questioned his case against us early on. He issued an explicit warning that anyone hoping he would back off the Meredith Kercher case or resign should think again. “Nobody has left their post, and nobody will,” he said. “Let that be clear, in Perugia and beyond.”

    Just as he had in the Monster of Florence case, Mignini used every tool at his disposal against his critics and adversaries. He spied on my family and tapped their phones. He went after Amanda not just for murder, but also for defaming Patrick Lumumba - whom she had implicated under duress and at the police’s suggestion. He opened or threatened about a dozen other legal cases against his critics in Italy and beyond. He charged Amanda’s parents with criminal defamation for repeating the accusation that she had been hit in the head while in custody. And he sued or threatened to sue an assortment of reporters, writers, and newspapers, either because they said negative things about him or the police directly or because they quoted others saying such things.

    Mignini’s volley of lawsuits had an unmistakable chilling effect, especially on the Italian press, and played a clear role in tipping public opinion against us. We weren’t the only ones mounting the fight of our lives in court, and it was difficult not to interpret this legal onslaught as part of Mignini’s campaign to beat back the abuse-of-office charges. His approach seemed singularly vindictive. Not only did we have to sit in prison while the murder trial dragged on; it seemed he wanted to throw our friends and supporters - anyone who voiced a sympathetic opinion in public - into prison right alongside us.


    6. Example Claim 3

    Our brief response to this for now is that this was long ago revealed to be a hoax (an example of a key fact left out). Neither the police nor the prosecution were in any way involved. A fake positive for HIV turned up, Knox was warned not to be concerned, and she was soon told that a new test showed her fine. Her list of recent sex partners was her idea, and its leaking to the media was demonstrably a family and defense-team thing (an example of a key fact left out).

    [Page 101-102] The prosecution’s tactics grew nastier, never more so than when Amanda was taken to the prison infirmary the day after Patrick’s release and told she had tested positive for HIV.

    She was devastated. She wrote in her diary, “I don’t want to die. I want to get married and have children. I want to create something good. I want to get old. I want my time. I want my life. Why why why? I can’t believe this.”

    For a week she was tormented with the idea that she would contract AIDS in prison, serving time for a crime she did not commit. But the whole thing was a ruse, designed to frighten her into admitting how many men she had slept with. When asked, she provided a list of her sexual partners, and the contraceptive method she had used with each. Only then was she told the test was a false positive

    To the prosecution, the information must have been a disappointment: seven partners in all, of whom four were boyfriends she had never made a secret of, and three she qualified as one-night stands. Rudy Guede was not on the list, and neither was anyone else who might prove useful in the case. She hadn’t been handing herself around like candy at Le Chic, as Patrick now alleged. She’d fooled around with two guys soon after arriving in Italy, neither of them at Patrick’s bar, and then she had been with me. Okay, so she was no Mother Teresa. But neither was she the whore of Babylon.

    To compound the nastiness, the list was eventually leaked to the media, with the erroneous twist that the seven partners on the list were just the men she’d had since arriving in Perugia. Whatever one thought of Amanda and her free-spirited American attitude toward sex, this callous disregard for her privacy and her feelings was the behavior of savages.


    7. Looking Forward

    More posts to come.  We are going to open the floodgates on our own analysis of the book if the court on thursday takes a significant step forward.

    Note that Sollecito has to contend with negative Italian public opinion as his claims bitterly disparaging to Italy itself (see the post below) are finally repeated in translation by the media and so become better known - at a disastrous time for him and Knox, two months before Cassation decides on their failed appeal.

    In late 2012 after the book came out the TV crime show Porta a Porta gave Dr Sollecito quite a roasting on the first claim here and anger continued for some days more. He and Sollecito’s sister may be in court but no surprises if they are not. Knox could also react - the second and third claims above also appear in her book. 


    Friday, January 16, 2015

    The Sollecito Trial For “Honor Bound” #2: False Accusations From The First Few Pages

    Posted by The TJMK Main Posters



    Suggested cover for a followup book due to multiple attempted malicious framings in first books

    Examples: 20 False Claims In Seven Pages

    We count several hundred malicious claims throughout that can easily be proved wrong. These twenty examples all appear in the book’s preface, which is only seven pages long.

    Such claims continue throughout the book at approximately the same rate. Many sharp eyes here set about identifying them and are credited in the TJMK Liewatch page for Sollecito which will be switched on again when the secrecy requirement described in Part #12 below is relaxed by the court next week. 

    1. That Italian justice authorities took the easy way out

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

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

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

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

    2. That the preventive custody was very harsh

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

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

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

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

    3. That the prosecution and Italian media demonized the pair

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

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

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

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

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

    “We” meaning the defense lawyers did very little in the bent and annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course shopping for an inexperienced and pliable business judge, and for DNA consultants who they could then spoon-feed.

    The list of lies by omission is extremely long. Much of the hard evidence they simply kept well away from, both in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.

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

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

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

    An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets.

    What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially funny or pretty or bright?  That she slept with a drug wholesaler up to the day of her arrest and cost him a stint in prison? That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?

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

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

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

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

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

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

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

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

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

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

    And take a look at the many images of the brightly lit house at night around 8:00 pm. There are several dozen other houses behind it in the dark which any smart burglar would have chosen first and entered hours later.  In 2008 two real break-ins occurred at the house - both were in the dark behind the house, which is by far the easiest place to break in.

    So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

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

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

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

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

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

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

    This is laughable. The room itself could not be checked for DNA as the choice was to fingerprint-check it instead. Sollecito’s footprint on the bathroom mat is a smoking gun all by itself. Crack national investigators demonstrated in numerous ways that the attack involved multiple assailants and this was endorsed by the Supreme Court.

    Sollecito’s own lawyers never forcefully argued this. They produced two non-credible witnesses in the appeal trial (Alessi and Aviello) to actually prove that Guede had some other accomplices or that several others did it. Amanda Knox if anything diverted attention AWAY from Guede as he did in turn from her. He wasn’t quickly identified precisely because Knox had extremely credibly again and again on 5-6 Nov fingered Patrick.

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

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

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

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

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

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

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

    Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was proven falsified, no item at all.

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

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

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

    Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.  Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,

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

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

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

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

    Gumbel and Sollecito should have studied how US and UK juries arrive at their own scenarios. Very few US and UK lawyers think they do a better job. Ask those who watched the OJ Simpson and Casey Anthony trials and bitterly criticised the outcomes of those. And Italy has a vastly lower rate of false imprisonment than the US does, less than 1/6 of the US rate.

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

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

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

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

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

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

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

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

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

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

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

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

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

    This whole series of dishonest claims about the the Italian system in the preface of the book and a later chapter have clearly not been read through or okayed by even one Italian lawyer. They would all know it is wrong.

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

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

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

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

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

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

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

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

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

    17. That the Italian judiciary has vast, unfettered powers

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


    Thursday, January 15, 2015

    The Sollecito Trial For “Honor Bound” #1: History Of How This Ill-Fated Saga Began

    Posted by The TJMK Main Posters



    The “supertanker” the PR forces worked hard to turn has become a Titanic for them now

    1. The Latest Legal Developments

    A new phase of the Florence trial of Raffaele Sollecito and Andrew Gumbel is scheduled to start on Thursday of next week.

    Why is this the iceberg in the Titanic’s path? Because Sollecito and later Knox made numerous demonstrably false and damaging claims that so many others then made, most usually worse.

    See Sollecito go down here, or withdraw his claims, for lack of any proof, and the legal liabilities of all those others stretch to the horizon and beyond.

    This trial puts Knox herself and her parents with her wild book and their wild claims at more risk. 

    For reasons explained below, the investigation of the myriad claims by an Italian, beamed only at Americans, of official crimes and alternative “facts” couched in a jeering, sneering anti-Italy tone was taken behind the scenes by the Florence prosecution early in 2013.

    The charges and target defamatory passages selected out of numerous passages falsely describing facts of the case and falsely accusing officials of crimes have not been formally reported even in Italy yet, except for a website update last October by the indefatigable journalist Andrea Vogt.

    2. Chronology 2009-2011: The Trial And Appeal

    In 2011 what is widely known in Italy to have been a bent Hellmann appeal court ran a cartoonish and illegal retrial of Sollecito and AK.

    This illegal retrial, mostly annulled by the Supreme Court in March 2013, was lacking a few things. Such as most evidence, most witnesses, and all of the 2009 prosecution case and the compelling prosecution summations at the end. An illegal DNA consultancy which should never have occurred at appeal is also believed to have been bent.

    3. Various Flashing Warning Lights

    On 3 October 2011 Judge Hellmann told RS and AK they were free to go, despite the fact that no legal process for murder and some other crimes is considered final in Italy until no party pursues any further appeals or the Supreme Court signs off. Most still accused of serious crimes (as in the UK and US) remain locked up. Hellmann, pathetically trying to justify this fiasco ever since, was firmly edged out and still the target of a possible charge.

    Other flashing warnings should have made Sollecito’s family and legal team and book writers very wary. They included the immediate strong warning of a tough prosecution appeal to the Supreme Court. They also included the pending calunnia trials of Knox and her parents, the pending trial of the Sollecitos for attempting to use politics to subvert justice, the pending trials of Spezi, Aviello, and Sforza, and so on. 

    A major flashing warning was right there in Italian law. Trials are meant to be conducted in the courtroom and attempts to poison public opinion are illegal. They can be illegal in the US and UK too but, for historical reasons to do with the mafias and crooked politicians, Italian laws in this area are among the world’s toughest. So mid-process, normally no books are ever published

    4. Chronology 2012-2013 The United States Track

    Knox quickly headed back to the US West Coast and Sollecito soon came after her there.

    After three-plus years of Sollecito and his camp being very iffy about Knox he suddenly - to his father’s open frustration - could not get enough of her.

    Very quickly Sollecito found a book agent, Sharlene Martin,  who lives just a couple of miles from the Mellases and Knoxes, and she lined up a shadow writer, Andrew Gumbel, who lives in LA and had been based in Italy in the 1990s.

    Both Sharlene Martin and Andrew Gumbel soon revealed that their “knowledge” of the case was paper-thin and dangerously biased.

    Sollecito’s Italian lawyers seemingly did not have a clue what was going on on this book front - lately an angry Giulia Bongiorno made that plain enough.

    Sollecito’s father and sister did have growing concerns (among much fallout in Italy of their own such as Vanessa losing a plum Carabinieri job) and in March they hopped on a flight to Seattle to try to ditch Knox and presumably the book and drag Sollecito home.

    Even Knox at times seemed to want the clingy nuisance gone, and she produced a claimed new love-interest to help to keep him at bay.

    Throughout 2012 the hubris of the Knox camp within which Sollecito had embedded himself was immense. David Marriott and Bruce Fischer both posted that it was their efforts that had got the two released, making no mention of a court the defenses had bent.

    On 18 September Honor Bound hit the shelves. If Sharlene Martin or Andrew Gumbel or Simon & Schuster had done any due diligence on the book, such as reading court documents, or even run it in final draft in Italian past Sollecito’s lawyers in Italy, that due diligence sure did not show. (A legal case for the Sollecito family to pursue?)

    Seemingly irresponsible or incompetent and not caring who in Italy they hurt, Sharlene Martin and Andrew Gumbel then assisted Sollecito in a triumphalist but mostly unconvincing sweep of the US crime shows.

    The flagship interview was with Katie Couric on ABC right before the book came out. It really hurt. She had an advance copy and had done her homework. See our suggested questions and report and posts and Kermit’s great spoof here , here , here , here , and here.  The book promotion tour ended in Seattle thus..

    Late April 2013 Knox’s book came out. Strong differences with Sollecito emerged both in the books and publicly in the media as described here and here.

    Sharlene Martin later set up a panel of the useful idiots Michael Heavey and John Douglas and Steve Moore in a Congressional room for hire, an odd role for an agent of a book, which nobody of importance attended. Just as well. Truth was scarce.

    Sollecito repeatedly visited the United States (and the Caribbean) though he was provisionally a convicted felon, not least in a desperate, cynical and hurtful attempt, after the sharp rebuff by Amanda Knox, to find an American wife.

    You can read the rest of Sollecito’s US saga in the top posts here. His last visit to the United States was in late 2013.

    5. Chronology 2012-2013 The Italy Track

    The book was written and published only in English; Francesco Sollecito said no Italian publisher would touch it (surprise, surprise).

    In Italy, from our post of 27 September 2012, this media explosion is what happened next.

    In Italy Sollecito’s wildly inaccurate and hyper-aggressive book has already set himself up for two kinds of trouble

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

    Sollecito’s own father and own lawyer Maori have already been forced to admit the book contains serious lies. Prosecutors are considering whether there should be new charges

    Sollecito’s own father Francesco was made to concede by the host and all other guests on the popular Porta a Porta TV show last week that Sollecito lied in claiming that the prosecution had sought a deal under which Sollecito would frame Amanda.

    Such a deal would be illegal so Sollecito was falsely accusing prosecutors of a very serious crime. Francesco Sollecito backed down even more in some interviews later. One of Sollecito’s own lawyers, Luca Maori, also had to deny in frustration that the offer of any deal either way ever happened.

    Now the prosecution has announced that they are weighing whether there should be new charges lodged against Sollecito.

    Sollecito has suddenly claimed in the book, nearly five years after he said it happened, in face of vast evidence including his own writings to the contrary, that police interrogated him over 10 hours, and abused and threatened him.

    But he was demonstrably not ever interrogated over 10 hours, and he folded fast when they showed him his phone records, which contradicted his earlier alibis, and so he promptly laid the blame on Amanda.

    Prosecutors and police have all already stated that he simply lied here too, and again prosecutors are considering whether there should be new charges

    Thereafter we posted a number of times about false claims others and we ourselves identified in the book -  one of three (with Preston’s and Knox’s) probably the most defamatory ever written about any justice system or justice officials anywhere. Our next posts will pick up that thread.

    5. Italy Officially Reacts

    Finally for now, we posted on 18 February 2013 on a formal move against the book by the Florence Courts, with a Breaking News addendum that (very unusually) the prosecution and supervising magistrate had taken the investigation behind closed doors.

    That secrecy order to counter the toxic PR still persists, right up to now, and it will only be next Thursday that the results of the investigation and the charges against Sollecito and Gumbel become widely know.

    Next post: selected examples of Sollecito’s and Gumbel’s false claims.


    Wednesday, January 14, 2015

    Justice System Comparisons #1: Had Meredith’s Murder Taken Place In Canada

    Posted by Chimera



    Supreme Court Of Canada in the capital Ottawa

    Overview Of This Post

    Much has been made about the differences between the American and Italian criminal justice systems.

    This post offers some different perspectives, from the Canadian system, the one I know most about as I reside in Canada, as do many readers here. While I am not a lawyer, I do know a fair amount about the system here.  Enjoy this multi-part submission.

    I explain first the Canadian system, and then what would have happened to those accused of Meredith’s death under this system.  I am making no judgements as to which system is the best, as all have their pros and cons.  Please take this article as a source for broadening perspectives.

    Some History Of Our System

    a. Canada is part of the British Commonwealth.  Although the Queen of England is still our official head of state, and her representative, the governor general, the head of Canada’s military, the roles are largely figurative.

    b. Although most of Canada is governed by Common Law, from the British model, the province of Quebec uses its own regulations, based largely on the Civil Code from Napoleonic times. 

    c. Because of the differences in the Common Law and Civil Codes, by law, the Supreme Court of Canada MUST contain both judges from Quebec and from the other provinces.

    d. Although in the past cases settled in the Supreme Court of Canada could still be appealed to the UK, that is no longer the case.

    Is Criminal Law a Federal, Provincial, or Municipal matter?

    Criminal Law is made up, and amended exclusively by the federal government, however, administrating the courts, and trying cases is a provincial matter.  The rules spell out clearly what is a federal v.s. provincial responsibility.  Stepping outside these boundaries often leads to tension, and having the new rules struck down.

    Are prisons and probation/parole offices federal or provincial?

    It depends on the sentence.  A jail term of 2 years or more is a federal sentence, in which case federal corrections is put in charge of the person.  Naturally, these are for much more serious or repeat crimes.  A jail term (or conditional sentence) of under 2 years is a provincial sentence, and the respective province deals with the person.

    Probation and parole rules and regulations are set out differently, and it depends on what the person has received in terms of prison time.  If no prison time is given, then probation is the responsibility of the province.

    How Are Offences Classified?

    Offences in Canada are classified as such in the criminal code

    • 1. Summary Offences: Minor in nature, in America called a ‘‘misdemeanor’’
    • 2. Indictable Offences: Much more serious, in America called a ‘‘felony’‘
    • 3. Hybrid Offences: The prosecutor has discretion in how to proceed
    Who hears criminal appeals in Canada?

    The appeal will likely be heard in the province’s court of appeals, the provincal ‘‘top court’‘.  Please do not mistake ‘‘provincial supreme court’’ as being the top court, as it is not the same thing. 

    A trial court hears witnesses, while an appeals court is called a ‘paper court’.  It works from transcripts.

    1. Generally, there are 2 main trial courts, the lower court, and the higher (Superior or Supreme) court.  As the names imply, the lower courts generally take on less serious cases, while the higher courts take more serious cases, such as murder.

    2. If a case is tried summarily (a less designated case) and in the lower court, the case may be appealed to either the Provincial Court of Appeals, or to the High Court (Superior or Supreme)

    3. If a case is tried by indictment (felony), or in Superior/Supreme Court, then appeals MUST go to the Provincial Court of Appeals.

      (a) For example, a major case in Ontario will be tried in Ontario Superior Court, and if appealed, it will go to the Ontario Court of Appeals. 
      (b) For example, a major case in British Columbia will be tried in the BC Supreme Court, and if appealed, will go to the BC Court of Appeals.
      (c) Other provinces also have trial courts, then a court of appeals

    4 In any case, it may be further appealed to the Supreme Court of Canada

      For some perspective: Imagine Amanda Knox lived in Toronto, Ontario. 

      Her rock throwing riot in Seattle, if here would likely have landed her in the Ontario Court of Justice, and the prosecutors would likely have gone summarily against her, although a more serious charge (assault) would be a hybrid offence.  If she chose to appeal, the Superior Court (which is also a trial court), would likely hear her appeal.

      Her sexual assault and murder charges, if in Ontario, would automatically have been tried as indictable offences and she would be in Superior Court.  Her first appeal would be with the Ontario Court of Appeals

    5. A defendant has the right to appeal a criminal conviction to the provincial appeals court.  However, this is more like the U.S. than Italy, in that these appeals are not automatically granted.  The Court first has to determine that there is some merit to the appeal.  If it is baseless, it will be dismissed.  In the case of Knox and Sollecito, it would likely not be allowed to proceed.

    6. A defendant has the right to appeal to the Supreme Court of Canada after a Provincial Court of Appeals rules.  However, the S.C.C. usually declines to intervene, unless the facts are extremely controversial, or of significance.  This is especially true if it is just a rehash of the Provincial appeal.

    What are your rights if arrested in Canada?

    Section 10 of the Charter of Rights and Freedoms says that you have the right to be informed of the reason, the right to retain a lawyer without delay, and have the validity of the detention challenged by way of habeas corpus.

    Are people’s name shielded from press?

    In some circumstances

    • The person was a minor at the time of the offence (though an adult sentence annuls that protection)
    • In sexual assault cases, the victim(s) name(s) CANNOT be released publicly
    • In highly sensitive cases (like treason or terrorism)
    • If it would put someone in danger or compromise a witness
    Can you give press conferences or talk to the media if accused of a crime?

    While possible, this is not recommended.  For example, and appeals about adverse publicity or not being able to get a fair trial will not be taken seriously.  Also, contempt charges will be quite likely. 

    While the media does cover serious cases, the coverage has generally been pretty neutral in Canada.

    Can you write a book or get a movie deal?

    No these deals would be considered profit or proceeds from crime.

    Can you be forced to take the stand in Canada?

    As a defendant, no.  11(c) of the Charter of Rights and Freedoms protects against forced self incrimination (in America, it is called ‘‘taking the 5th’‘).

    Interestingly enough, there are no real protections for witnesses who just don’t want to testify.

    Does Canada grant bail to accused criminals?

    Usually. 11(e) of the Charter of Rights and Freedoms states that reasonable bail should not be denied without just cause.  In practice, this means unless the person is a flight risk, a threat to the public, or the offence is extremely shocking to the public, they can get bail.

    However, if a person has a prior criminal record, it becomes harder to get bail each time.

    Note: Bail hearings are usually done by J.P.s (Justices of the Peace).  They are not judges, but can make some legal decisions.  Bail decisions can usually be appealed to a judge,

    Does Canada have the ‘Double Jeopardy’ law?

    Yes and no.  Refer to 11(h) in the Charter or Rights and Freedoms.  It says that if a person is finally acquitted of the offence, or finally found guilty and punished, not to be tried again for the same offence.

    The key word here is finally, as in, all appeals have been exhausted.

    The appeal will likely be heard in the province’s court of appeals, the provincal ‘‘top court’‘.  Please do not mistake ‘‘provincial supreme court’’ as being the top court.  That is an American naming.  For example, a major case in Ontario will be tried in Ontario Superior Court, and if appealed, it will go to the Ontario Court of Appeals.

    If a person is convicted, and chooses to appeal, that case will likely be heard by the provincial court of appeals.

    Note: Notice of an appeal must generally be filed within 30 days of the verdict.  If no notice is filed, then the acquittal/conviction is considered final.

    Note: It is possible, but very rare for a prosecution to appeal an acquittal, or to appeal a Provincial Appeal Court ruling.  Basically, the prosecution must prove that the trial court (or first appeal court) made fundamental and very serious legal errors.  It cannot just be a another shot at a conviction.  The Appeal Court can then do many things, including sending it back for a retrial, amending the sentence, or throwing out a conviction.  Or it can confirm the acquittal.

    Does Canada have a plea bargaining system?

    Yes, Crown Prosecutors and defence attorneys can sign what is called a ‘‘joint submission’‘, and give it to the judge.  This is an agreement of the facts and sentence.  While judges usually accept these submissions, they are not obligated to, and can reject them if far too lenient or harsh.

    Can defendants testify or make spontaneous declarations?

    They can testify (and must be sworn in), but they cannot make the kind of challenge free remarks like in Italy.

    Does the short form trial exist in Canada?

    As in the 1/3 deduction… No.  However, judges routinely give breaks for guilty pleas, or for some kind of remorse or contrition.

    There is a diversion program, which is an alternative to going through the trial process (essentially getting treatment), but reserved for minor offences.  Sexual offences, or serious violent ones are not eligible.

    Do defendants awaiting trial get psychologically assessed?

    Sometimes, and it can happen for a few reasons

      (1) The defendant is pleading not criminally responsible (insanity)
      (2) The defence has applied for bail, but the judge has reservations about granting it
      (3) The defence wants to use it as a mitigating factor, or in sentencing
      (4) Prosecutors can request it, but this is rare
    Can an Appeals Court increase a jail sentence?

    This is extremely rare, but yes they can, if the opinion is that the trial judge simply went too soft.  A couple cases in Canada are these:

      Paul Coffin who pleaded guilty to 15 counts of fraud, related to the previous Liberal government.  He originally got house arrest, but it was overturned on appeal, and substituted for 18 months of real jail time.

      Graham James a notorious pedophile and infamous hockey coach who sexually abused his players.  He got 2 years at one trial, which the prosecution appealed, and had increased to 5 years (still very light though)

    Much more common though, is that an appeal will either be dismissed, of the judges will knock some time off the sentence.  Full reversals are not the norm.

    Do judges have to justify a conviction/acquittal and a sentence?

    Yes, in a bench trial (trial by judge), the judge does have to explain how he/she came to these conclusions.

    Yes, there are fairly rigid sentencing guidelines to follow, and (cc 718), follow these:

      (a) to denounce unlawful conduct
      (b) to deter the offender and others from committing similar conduct
      (c) to separate offenders from society, where necessary
      (d) to assist in rehabilitating offenders
      (e) to provide reparations for harm done to the victims and the community
      (f) to promote a sense of responsibility in offenders, and acknowledgement of the harm done to victims and the community

    Note: Many serious offences have mandatory minimum jail sentences, which limit the discretion available to the judge.

    What is the punishment for killing someone in Canada?

    1. First degree murder:

    This is a premeditated murder, or happens during a sexual assault, or when the victim is restrained.

    Punishment: A life sentence, with no parole for 25 years (or 15 years under the ‘‘faint hope clause’‘)

    2. Second degree murder

    This is when the act is intentional, but not planned out

    Punishment: A life sentence, but the parole eligibility baseline ranges from 10 to 25 years.

    3. Manslaughter

    This is not an intentional killing, but happens while committing an illegal act

    Punishment: No mandatory minimum, but can get prison up to and including life.

    Note: There are other things, such as impaired driving causing death, dangerous driving causing death, criminal negligence causing death, and the punishments are severe, but they do not apply here.

    (Quoted directly from the Canadian Criminal Code)


    Classification of murder

    231. (1) Murder is first degree murder or second degree murder.
    Marginal note:Planned and deliberate murder

    (2) Murder is first degree murder when it is planned and deliberate.
    Marginal note:Contracted murder

    (3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.
    Marginal note:Murder of peace officer, etc.

    (4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is
    (a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;
    (b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or
    (c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.
    Marginal note:Hijacking, sexual assault or kidnapping

    (5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:
    (a) section 76 (hijacking an aircraft);
    (b) section 271 (sexual assault);
    (c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
    (d) section 273 (aggravated sexual assault);
    (e) section 279 (kidnapping and forcible confinement); or
    (f) section 279.1 (hostage taking).

      So, without even proving intent to commit murder, Knox, Sollecito and Guede would have been guilty of first degree murder.  Meredith’s death happened under cc 231(5)(c), which is sexual assault with a weapon, cc 231(5)(d), which is aggravated sexual assault, and cc 231(5)(e), which is forcible confinement.

      Note: While in the case of AK/RS/RG, the sexual assault charge was combined with the murder charge, in Canada, aggravated sexual assault, cc 273, is an indictable offence, punishable by up to life in prison, and those convicted are registered sex offenders for life upon release.

      Other Punishments

      While Canada no longer has the death penalty, we do have something called a dangerous offender designation.  The prosecution applies for it, after a conviction, and a judge may or may not grant it.  Essentially, it is a special title, saying that the person presents a high risk to the public and should be locked up indefinitely.

      Many killers have gone received life sentences without the dangerous offender title, but many (violent) criminals have gotten the dangerous offender title without killing anyone.

      We also have ‘‘long term offender’’ designations, which are meant to keep someone on probation for a long time (up to 10 years).  These are usually reserved for sex offenders.

      So To The Probable Scenario In Canada

      If Knox, Sollecito and Guede had committed this crime in Canada, all of the following conditions would probably apply:

      • They would be arrested, would have to be informed why, and could contact an attorney as soon as they reached the police station

      • Because the murder happened during a sexual assault, while Meredith was restrained, it would be 1st degree murder

      • Because of the sexual assault and restraint, premeditation would not be necessary to prove 1st degree murder

      • They could apply for bail (before a J.P.), but under the circumstances, would likely be denied

      • They could appeal to a judge for a review of the bail, but again, would likely be denied

      • Because of the serious nature, the trial would be in the provinces Supreme/Superior Court

      • There is no fixed time before a trial would start.  Murder trials have been known to start 2-5 years after arrest

      • Defendants could testify against each other, and prosecutors could make deals with them

      • The kind of antics that went on in the 2009 trial would not be tolerated

      • The defendants could testify under oath, and be cross examined, but free statements are not allowed

      • If found guilty, all 3 would receive life sentences, and MUST serve 25 years before parole eligibilty.

      • There is ‘‘faint hope’’ which is parole after 15 years, but a murder like this would definitely not qualify

      • Because of the sexual assault component, they would be registered sex offenders for life

      • They would be prohibited from owning weapons for life

      • If any chose to appeal, it would go to the province’s Court of Appeals

      • They could apply for ‘‘Appeal Bail’‘, but it would likely be denied

      • If the Hellmann Appeal is any indicator, the appeal grounds are so weak the appeal would be dismissed

      • They could try the Supreme Court of Canada, and likely get declined


      In Conclusion

      This a brief overview of how criminal law works in Canada and how it could have worked in Meredith’s case. Quite smilar to the U.S., but then both systems are based on English Common Law.


      Complete Listings

      1st post appears here:  An Overview.

      2nd post appears here:  Public Mischief and Perjury

      3rd post appears here:  Bail, Extradition & Other Crimes

      4th post appears here:  Canada v.s. the U.S.A. (Part 1)

      5th post coming soon: Canada v.s. the U.S.A. (Part 2)

      6th post coming soon:  Canada and our Family

      7th post coming soon:  Loose Ends, and Reader Request

      Posted on 01/14/15 at 08:21 AM by Chimera. Click screenname for a list of all main posts, at top left.
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      Tuesday, January 13, 2015

      The Unsavory Company Knox Would Be Foolish To Aspire To: 160 Americans On The Run From Interpol

      Posted by Peter Quennell





      Meet eight American women on the run from arrest worldwide.

      They are all the subjects of Interpol Red Notices. Right now Interpol has 322 active Red Notices, some 160 of them for Americans, of which 51 are women.

      If they have not yet been to trial, they are considered innocent unless and until they are proven guilty. At the same time many have cash rewards on their heads and private citizens are warned not to apprehend them.

      None of those eight women above are charged with murder or already found guilty of murder - their alleged crimes include kidnapping, drug-smuggling, fraud and insider trading.

      Red Notices are sometimes issued for killers, but they very rarely prove necessary. Regardless of the status of mutual extradition treaties, countries who find they are harboring killers tend to regard them as hot potatoes, and most usually simply arrest them.

      Some on the list of 322 may be dead, and many will be living close to poverty. We posted here previously on Interpol and here previously on how the ex CIA chief in Italy Robert Lady was forced out of Panama by an impending arrest for a Red Notice.

      Robert Lady has lost everything. Seems better to face the music, and end the doubletalk.

      Posted on 01/13/15 at 02:05 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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      Monday, January 12, 2015

      The Scale Of Evil By Forensic Psychologist Professor Michael Stone Of Columbia University NYC

      Posted by Mark


      1. Who Is Dr Stone

      Dr Stone is increasingly on American TV and in American courts as demands for better answers to heinous crimes grow.

      He has published a lot and is a partner in a research clinic in New York. These are Dr Stone’s professional credentials as posted on Psychology Today.

      Dr. Michael Stone is a professor of clinical psychiatry at Columbia. His specialty is personality disorders - most especially “borderline personality disorder.” But in recent years he has concentrated as well on the extremes of personality, as shown by persons who show antisocial, psychopathic, and sadistic traits. This led to an interest in the kinds of people committing murder - spanning the spectrum from jealousy murders to serial killers and torturers. Recently he served as the host of the Discovery Channel show, “Most Evil,” for which he was sent around the country interviewing serial killers and murderers of other types.

      This experience, plus his research over the past twenty years, led to his writing The Anatomy of Evil (appearing in July of 2009). The book explores the “why” factor: what are the inborn and environmental factors that cause certain people to commit murder and, at the extreme end, to behave with uncommon cruelty toward their fellow man. Modeled after Dante’s Inferno, the book progresses from the least to the most “evil” crimes, and contains a chapter devoted to recent contributions from neuroscience toward understanding the mind of the psychopath.


      2. Interviews On Radio And TV

      In the video above, how Dr Stone explained his scale of evil on a Canadian interview show, and below how he explained it on American National Public Radio.

      Perhaps no surprises for Americans in the names of the killers in the examples. How they divide up confirms some postings we have had here before. For one thing, most don’t fit in the full-blown psychopathic group (Group 4). 

      Introduction

      Columbia University professor Michael Stone knows evil. He’s a forensic psychologist — the type of expert that provides testimony on the mental state of accused murderers when a declaration of insanity can mean the difference between life and death row.

      Inspired by the structure of Dante’s circles of hell, Stone has created his own 22-point “Gradations of Evil” scale, made up of murderers in the 20th century. “I thought it would be an interesting thing to do,” he says.

      His scale is loosely divided into three tiers. First are impulsive evil-doers: driven to a single act of murder in a moment of rage or jealousy. Next are people who lack extreme psychopathic features, but may be psychotic — that is, clinically delusional or out of touch with reality. Last are the profoundly psychopathic, or “those who possess superficial charm, glib speech, grandiosity, but most importantly cunning and manipulativeness,” Stone says. “They have no remorse for what they’ve done to other people.”

      Stone hopes the scale could someday be used in prosecutions. “The people at the very end of the scale have certain things about their childhood backgrounds that are different,” he says, from those who appear earlier in the scale. And because the scale follows a continuum of likelihood a killer will kill again, courts may be able to better categorize the risks posed by releasing a psychopath.

      Conspicuously absent from Stone’s scale are wartime evil-doers. “My scale is a scale for evil in peacetime,” he says. That’s because assessing wartime evil from a criminal-psychological standpoint is more complicated because of factors like culture, history and religion.”

      And in war, there are often two sides. Take Hitler, Stone says. “He thought we were evil, we thought he was evil.” But, he adds, “in that particular case, we were right.”

      The Scale Of Evil

      1. NOT EVIL

      1. Justified Homicide

      The least malevolent: Those who have killed in self-defense and do not show psychopathic features.

      Cheryl Pierson

      Long Island native Cheryl Pierson had been repeatedly molested by her father after her mother died. He was a domineering man with rigid and bizarre rules — for example, he insisted she eat three items on her dinner plate incrementally in a clockwise rotation; if she didn’t he would become violent. In desperation at age 17, she paid a classmate $400 to kill her father. She was sentenced to six months in jail for what was, in Stone’s words, “in effect a self-defense killing.”

      2. IMPULSIVE MURDERERS

      People who are not really psychopaths, not subject to routine unspeakable acts without remorse. “Ordinary people that get caught in some terrible situation,” Stone says.

      2. Jealous Lovers, Non-Psychopathic

      Though egocentric or immature, evildoers in this category committed their crimes in the heat of passion.

      Jean Harris

      School director Jean Harris led an exemplary life before she became romantically involved with “Scarsdale Diet” doctor Herman Tarnower. But when she found another woman’s panties in his dresser, she snapped. Harris shot her lover to death in a crime of passion — and was sentenced to 10 years in prison.

      3. Willing Companions Of Killers

      Still far from psychopathic, some have antisocial traits and an aberrant personality. They’re often driven by impulse.

      Cindy Campbell

      Jack Olsen’s 1987 book Cold Kill describes Cindy Campbell as a manipulative, chaotic woman. She claimed she was the victim of incest and was accused of enlisting her lover, David West, to kill her parents in their sleep. Both she and West were convicted of murder.
      Susan Cummings. Larry Morris/AFP/Getty Images i

      4. Provocative “Self-Defense”

      These people kill in self-defense, but they aren’t entirely innocent themselves; they may have been “extremely provocative” toward their victim.

      Susan Cummings

      A shy, tomboyish daughter of a billionaire arms trader, Susan Cummings fell in love with an Argentine polo player, Roberto Villegas. But after two years together, they fought: She was stingy and began to refuse sex; he would get angry and verbally abusive. Finally she shot him to death in her kitchen in 1997. Originally charged with first-degree murder, she was ultimately convicted of voluntary manslaughter and sentenced to 60 days in jail.

      5. Desperate Measures

      These are traumatized, desperate killers of abusive relatives or others — but they lack “significant psychopathic traits” and are genuinely remorseful.

      Susan Wyche

      Susan Wyche was a topless dancer who married and had a child with Jeff Wright, a successful carpet salesman from Houston. He used cocaine, had affairs, gave Susan herpes and was physically abusive. In 2003, she reached a breaking point, and in a fit of rage stabbed him 193 times. Portrayed as a battered wife by the defense and a vicious seductress by the prosecution, she was given a relatively light sentence: 25 years. A new punishment hearing is set for October.

      6. Hot Heads

      Killers who act in an impetuous moment, yet without marked psychopathic features.

      Issei Sagawa

      Born in Japan, Issei Sagawa was pampered by his mother, but became highly irritable and prone to tantrums. In high school, he developed cannibalistic fantasies, and in 1981 he was accused of carrying one out in Paris. His victim: a Dutch student named Renee Hartevelt. He lured her to his apartment, shot her to death, sexually assaulted the body and then began eating her muscle tissue. He was declared legally insane in France and sent back to Japan, where he was released from a mental institution in 1986. He’s now a minor celebrity and has written books and magazine articles about his experience.

      7. Narcissists

      Highly narcissistic killers who are often possessive, not distinctly psychopathic, but “with a psychopathic core.” They typically kill loved ones or family members out of jealousy.

      Prosenjit Poddar

      In 1968, college student Prosenjit Poddar met Tatiana Tarasoff at a dance class in California. They dated briefly but she rejected him. Poddar then told his therapist about wanting to kill her. His therapist wanted to commit him to hospital, but Poddar convinced campus police he was not dangerous. In the summer of 1969, after she returned from a vacation, Poddar stabbed Tarasoff to death with a kitchen knife. Poddar was convicted and deported back to India after his conviction was overturned. Her parents sued the campus police for failing to warn that their daughter was in danger. This led to the famous Tarasoff decision, which ruled physicians now must warn potential victims of a psychiatric patient.

      8. Fit of Rage

      Non-psychopathic people, who live with an underlying, smoldering rage, then kill when that rage is ignited.

      Charles Whitman

      In 1966, ex-Marine Charles Whitman gunned down his wife and his mother, then ascended a tower at the University of Texas and began shooting people with a rifle. He killed 14 people and wounded 32, before being shot and killed by police. His early life was plagued by physical abuse by his father. A UT psychologist who met with Whitman before the murders described him as “oozing with hostility.” An autopsy revealed that he had a brain tumor, which may have contributed to his rage.

      3. SEMI-PSYCHOPATHS

      Those who show a “fair number” of psychopathic traits — grandiosity, superficial charm, or general lack of remorse.

      9. Jealous Lovers, Psychopathic

      The scale’s first foray into psychopathic territory, these killers are jealous lovers but with marked psychopathic features.

      Paul Snider

      Paul Snider “discovered” Dorothy Stratten when she was working at a Dairy Queen at age 17. He became her manager and steered her to Playboy magazine, where she became Playmate of the Year in 1980. They married, but their relationship soon deteriorated, and she became involved with film director Peter Bogdanovich. In a jealous rage, Snider lured her to his apartment and shot her to death with a rifle before killing himself. Bob Fosse made a film about her tragic life, Star 80.

      10. “In The Way” Killers, Not Fully Psychopathic

      Killers of witnesses or people who are simply “in the way.” These evildoers are egocentric, but not totally psychopathic.

      John List

      Born in 1925, John List was described as rigid, joyless, angry and a neighborhood crank. A failed accountant with poor executive ability, he kept losing jobs, yet bought a big house for his wife and three children — which he couldn’t afford. Caught between his indebtedness and his monstrous pride, he decided to kill his family. In 1971, he shot and killed his mother, wife and children, and fled to Colorado under an assumed name. He was at large for 18 years, until an image constructed by a forensic anthropologist was broadcast on America’s Most Wanted. He died in prison in 2008 at age 82.

      11. “In The Way” Psychopaths

      Psychopathic killers of people “in the way.” Premeditation is not usually a major factor in their killings.

      Jeffrey MacDonald

      An Army Green Beret doctor named Jeffrey MacDonald began showing signs of violence and hatred of women in his adolescence. In 1970, was accused of killing his wife and daughters, and then staging the scene to look like a cult slaying in the mold of Charles Manson. MacDonald was convicted of murder, but his case — the subject of the book Fatal Vision — has dragged on for four decades. In August 2010, his lawyers filed a brief in federal court asking for a new trial and claiming that DNA evidence could prove MacDonald’s innocence.

      12. Power-Hungry And Cornered

      Power-hungry psychopaths who kill when “cornered,” or placed in a situation they wouldn’t be able to escape with their power intact.

      Jim Jones

      Born in 1931, Jim Jones was attracted early on to a Pentecostal religious group that practiced “speaking in tongues.” He later became a charismatic leader of the Peoples Temple. Grandiose and fanatic, as well as psychopathic and paranoid, he gathered a large group of followers and moved with them to Guyana. In 1978, U.S. Rep. Leo Ryan and his entourage went to Guyana to investigate; he and four others were shot and killed. Cornered, Jones told his followers to commit group suicide. In all, 914 people died, 276 of them children. He also took his own life.

      13. Inadequate And Rageful

      Murderers with shortcomings that follow them throughout life, who also express psychopathic impulses and are prone to rage.

      Karla Faye Tucker

      Karla Faye Tucker was born the illegitimate daughter of prostitute and abused drugs since she was 9. She married at 16 — by which time she had already had a hysterectomy for pelvic inflammatory disease. She divorced at 20. In 1983, she and boyfriend Daniel Garrett invaded the apartment of Jerry Lynn Dean while the two were high on methadone, valium, heroin and alcohol. Tucker and Garrett killed Dean and the woman he was with, using a hammer and pickaxe. After 14 years on death row, she was executed in 1998. She was the first woman executed in Texas since the Civil War.

      14. Schemers

      Ruthlessly self-centered and psychopathic, schemers stop at nothing to deceive, con and steal.

      Sante Kimes

      Sante Kimes was born in 1934 and soon became a self-trained con artist. Briefly married to Lee Powers, she had a son, Kenny. Many more thefts followed, along with use of numerous aliases. She made her son into a kind of slave; the two became “grifters” — accomplished at stealing. In 1998 she and her son conned their way into the good graces of Irene Silverman, a wealthy Fifth Avenue widow in New York City. They got her to sign over her property and then killed her, disposing of her body. Kimes is a classic psychopath, and is considered responsible for other murders besides that of Silverman. She and her son are serving life sentences.

      15. Cold-Blooded Spree

      Murderers who kill multiple people calmly and with a psychopathic motive. Often pathological in their denial of guilt or inability to confront reality.

      Charles Manson

      Charles Manson was born in 1934 to a troubled family. At a young age, he began stealing, ending up in reformatories then jail and prisons. In his 30s he began to attract a following of waif-like women who were in his thrall. Then in 1969 he had his group invade the home of pregnant actress Sharon Tate, killing her, her unborn baby and four friends. Later they killed Rosemary LaBianca, scrawling “Death to Pigs” in her blood around the house. He received the death penalty, later commuted to a life term in Corcoran Prison in California.

      4. PSYCHOPATHS

      Fully psychopathic by every modern definition.

      16. Vicious Psychopaths

      Those who commit multiple vicious acts that may also include murder, rape or mutilation.

      Miyazaki Tsutomu

      Born in 1962 into a wealthy Japanese family, Miyazaki Tsutomu had a congenital hand defect, such that he was unable to hold his hands palm-up. He was ostracized as a child and began to lurk around young girls, stalking them. In 1989, he kidnapped and murdered four young girls, mutilated their bodies and drank the blood of one victim. When his crimes were discovered, his father committed suicide out of shame. Miyazaki coldly regarded that as “just punishment” for not raising him correctly. He was executed in Tokyo in 2008.

      17. The Sexually Perverse

      Serial killers with some element of sexual perversion in their crimes. In males, rape is usually the primary motive and killing follows to hide the evidence. Torture is not a primary motive.

      Ted Bundy

      Ted Bundy was born in 1946, performed well in school and was acutely shy. His sexual homicides began in earnest in 1974, near his alma mater, the University of Washington. He worked his way down to Florida, luring, raping and killing at least 28 girls en route. He escaped from a Colorado prison in 1977, and continued killing until identified and apprehended (thanks to bite marks that matched his teeth) in 1978. He was executed in Florida in 1989.

      18. Torturing Murderers

      Though psychotic, they do not typically prolong their torture. Murder, not torture, is their primary motivation.

      Gary Ridgeway

      Gary Ridgeway, a.k.a the “Green River Killer,” grew up in Washington state. He was troubled by his sexual attraction to his mother and of his feelings of lust and humiliation. He’s one of the serial killers showing the famous childhood “triad” of bed-wetting, fire-setting, and animal torture. He began serial killing of prostitutes in earnest after a third divorce in 1982. Some investigators believe he may have killed as many as 90 women, subjecting some to bondage or necrophilia. He’s now serving 48 life sentences plus 480 years.

      19. Non-Homicidal Psychopaths

      Psychopaths who fall short of murder, yet engage in terrorism, subjugation, intimidation or rape.

      Gary Steven Krist

      Gary Steven Krist had served prison time for robbery and fraud in three different states before he was 18. Out of prison in 1968 at age 23, he planned a ransom kidnapping. His victim was Barbara Mackle. Krist buried her underground, allowing her to breathe using a tube, while he awaited a $500,000 ransom from her father. She was rescued after 83 hours buried alive. He was sentenced to life in prison, but was paroled and later convicted of importing cocaine into the United States. He’s in a federal prison in Florida, with a planned release in November 2010.

      20. Murdering Torturers

      Psychotic (legally insane) and primarily motivated by their desire to torture.

      Joseph Kallinger

      From a young age, Joseph Kallinger’s foster family abused him so severely that at age 6 he suffered a hernia inflicted by his foster father. He was psychotic and schizophrenic, and when he married and had children, he was equally brutal. In 1972 he was held on charges of child abuse but was later released. In 1974, he and his 13-year-old son Michael began to break into houses in Philadelphia, Baltimore and New Jersey, where they terrorized and tortured four families, and then sexually assaulted and killed a 21-year-old nurse. Finally arrested, he was sentenced to life, and then sent to a mental hospital where he died in 1996 at age 59.

      21. Pure Torturers

      Not all torturers murder. These psychopaths (evaluated to be in touch with reality) are preoccupied with torture “in the extreme,” but never convicted of murder.

      Cameron Hooker

      Cameron Hooker was born in 1953. As he grew older he read pornography, particularly that which portrayed women being tortured. He married his wife, Janice, in 1975. He fantasized about having his own sex slave and allegedly reached an agreement with his wife that she could have a baby if he could have a sex slave. After the birth of their child, Hooker kidnapped 20-year-old Colleen Stan in 1977 and kept her captive for seven years. She was whipped, strangled, burned, electrically shocked and raped. For much of that time, she was locked inside a box for 23 hours a day. She and Hooker’s wife fled together in 1984. He was convicted and sentenced to 104 years in prison.

      22. Psychopathic Torture-Murderers

      Defined by a primary motivation to inflict prolonged, diabolical torture. Most in this category are male serial killers.

      Jeffrey Dahmer

      Born in 1960 in Milwaukee, Jeffrey Dahmer was sexually molested by a neighbor when he was 8. At 10, he was decapitating animals and mounting their heads on stakes in the backyard. At 17 he committed his first murder, a male hitchhiker whom he bludgeoned, strangled, dismembered and buried. After a failed stint in the Army, his serial killing began in earnest in the late 80s, ending up with at least 17 victims — all males, some homosexual, like Dahmer. Finally arrested in 1991, he was convicted the next year of 15 murders and sentenced to 936 years in prison. In 1994, another inmate at the Columbia Correctional Institution in Wisconsin bludgeoned Dahmer to death with a bar from a weight machine.

      Posted on 01/12/15 at 11:56 PM by Mark. Click screenname for a list of all main posts, at top left.
      Archived in Those who were chargedAmanda KnoxRaff SollecitoCrime hypothesesThe psychologyAll the nefarious hoaxesKnox demonized hoax
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      Friday, January 09, 2015

      From David Marriott’s Parrot: Latest Talking Points To Be Beamed At The Unbelieving

      Posted by Chimera





      Hello once again from somewhere in Seattle.

      David is out of office right now. He is sitting naked with Curt and Chris in the sauna, trying to lose that manic redness which is so telling.

      As our incessant jeering at Italy is losing so much traction, David has asked me to keep repeating these new talking points until even the dimmest bunny Karen Pruitt gets them..

      Talking points #31779

      For those of you who believe that Amanda Knox and Raffaele Sollecito are sex killers, and who doubt that Rudy Guede did the horrible crime alone, or that Mignini was a dedicated prosecutor, I will fully explain all the discrepencies in the case.  Please bear with me.

      For those of you claiming that AK and RS are pathological liars, trying to evade responsibility for a horrible deed, you need to see things from their point of view, and keep an open mind.  Again, please be patient.

      If after reading these explanations, you are still convinced that AK and RS were involved in Meredith Kercher’s murder, then you are by definition too clueless to be helped and part of the problem.

      ********************************

      1. This should have been an open and shut case.  According to Amanda (May 2014 interview with Chris Cuomo), Rudy Guede was “known to police” for doing many burglaries where he climbed through second story windows, using a rock to break in, and wielding a knife.  It made no sense that he wasn’t the immediate suspect for Meredith’s murder, however, we have 3 alternatives that explain it.

      (a) Perugian police truly did not see any connection between second story break ins with knives and rocks, and second story break ins with knives, rocks, and a dead woman.  The logical connection was too simplistic to make.

      (b) Perugian police did know about Guede’s habit of second story break ins using knives and rocks, but thought it so minor they never bothered to write it up.

      (c) Perugia is filled with people who commit second story break ins using knives and rocks.  This is normal. It would take time to get around to Guede.

      However, I am not sure which explanation Amanda believes is true at this minute, or what is her best truth. Rotate the three of them. And blame the police.

      2. Serial ‘‘Spider-Man’’ burglar Guede chose his latest target well.  According to Sollecito (Honor Bound book), Guede “knew” that the 4 women in the upstairs part of the house would each have 300 Euros after the end of the month for the rent.  He also knew where Meredith kept her money, and he knew it would all be in cash.  He knew that the house would be empty for the holiday, and it would be a great opportunity to break in and steal the money around 8:00 pm when everybody is still around.

      You might ask how Guede had this inside knowledge, or how Sollecito knew it either, or how Sollecito knew that Guede knew.  After all, Guede and Sollecito did not know of each other, right? Though they lived 100 meters apart. And actually only one flatmate was out of town. Hmmm. And 8:00 pm is kinda an odd choice for a breakin time and Filoemna’s window the worst place. Label all such pesky points irrelevant and rush on to the next subject.

      3. Serial ‘‘Spider-Man’’ burglar Guede knew about marijuana growing in the downstairs apartments (Honor Bound book).  Guede was attracted to the house because he knew about the drugs.  And being a drifter and drug dealer (according to Knox, Sollecito and FoAK), it made sense to target the home.  After all, who would report their drugs stolen in a home robbery.

      So, the drug dealing serial burglar ignored the drugs in the bottom floor, climbed up to the second floor, but didn’t take anything.  He just took a dump without flushing, attacked Meredith, and then left. Label all such questions as irrelevant as Guede is obviously such a bad guy.  Again blame the police and move to the next subject.

      4. Serial ‘‘Spider-Man’’ burglar Guede really is Spider-Man.  For those of you who used to watch cartoons, you’ll know that Spider-Man would sometimes mutate into an actual spider, and would grow 4 extra arms, all with super strength.  That is how at one and the same time Guede kept Meredith restrained, kept her from screaming, held 2 knives at opposite sides, and from behind assaulted her.

      Pesky critics have wondered about this: few defensive wounds, no ligature marks (Meredith wasn’t tied down), no sign she was drugged or knocked unconscious as signs to be skeptical, no DNA.  However, they clearly did not watch the right cartoons when they were younger. Six arms is the answer to this.

      5. Rudy Guede got a break by testifying against Knox and Sollecito, and his false testimony was the bulk of the reason they were convicted.  It also got his sentence reduced from 30 years to 16.

      2008 - Guede gets 30 years (short form equivalent of life) from Judge Micheli
      2009 - Guede offers to testify against AK and RS, but prosecutors say no
      2009 - Sollecito and Knox get 24 years (with extra time for staging, theft and callunia)
      2009 - Appeals court reduces Guede’s time to 16 years (24 same as AK and RS, with 1/3 off deduction)
      2011 - Guede is finally called to appear at AK and RS 2011 appeal

      So obviously Mignini gives Guede the break for testifying, but doesn’t actually call Guede in 2009.  Or maybe he gave the break with action pending, hoping there would be an appeal in 2011 and that he might be needed. This is not rocket science.

      6. Even though Guede’s plan all along was to frame Knox and Sollecito for Kercher’s murder, he was so freaked out that he asked to sever his case, and go for the short form trial separate from their trial which then involved them framing him.

      Yes this does seem odd at first glance. Sollecito supposedly didn’t know Guede.  Amanda had no contact, despite once crossing paths (see December 2013 email to Nencini). Three people who don’t really know each other are all convinced the other is trying to frame them.  And they are so spooked, none of them agree to testify fully.  Really all such questions only for subtle minds and we have only a few of those to convince. Move on to the next subject. And blame the police.

      7. Amanda Knox was actually the perfect patsy for the crime.  Keep in mind that she had only been in Perugia for about 5 weeks, never did drugs, and was overwhelmed by the emerging events. She was 20 years old, but was ‘‘just a kid’’ (May 2013 interview with Diane Sawyer).

      Okay its true police officer Rita Ficarra seemed to contest this, saying that Knox spoke Italian, and during her interviews spoke to her only in Italian (2009 trial transcripts).  But be realistic, Knox is not a native Italian speaker, and being a 20 year old kid, didn’t know she was expected to cooperate fully, though actually she entered the conversation with Ficarra very eagerly to point her to seven other possible perps.

      8. Knox was also a target to blame for other reasons.  She was a foreign exchange student and her single language course would result in a full year of transfer credits (Waiting to be Heard book).  However, her mind is easily rattled (though not by use of drugs, dont mention them).  She is prone to having visions about vaguely remembering someone killing her friends (her 2007 statement), and isn’t sure if she is at home, or if her boyfriend is.  She also has trouble with her truth, her best truth, the real truth, the truth she thinks is closest to the truth.

      Yes depending on which pesky statement of hers you read, either she left Raffaele’s alone to meet Patrick, or she is not sure if Raffaele is with them.  And she thinks she remembers being outside Meredith’s room, with her hands over her ears to drown out the screams.

      Many people have accused Amanda of being a bullshit artist, and of being deceptive.  However, she is taking creative writing, and it teaches her to think in possibilities, and that her feelings are what matter not hard facts.

      9. Knox’s odd hygiene habits also made her a perfect target.  Apparently, she was in the habit of leaving her blood around the home (menstrual blood I assume. Ew.).  (read her November 2007 mass email).  However, this came back to haunt her as Rudy Guede left tons of Meredith’s blood throughout the upstairs floor, and some of the spots happen to be where Amanda left hers.  Ew, I know.  Hence the mixed DNA in several places.  But Amanda wasn’t a total slob, she liked to wipe everything down out of cleanliness, including her own lamp which, for some reason we forget the explanation of, ended up in Meredith’s locked room.  And of course, Rudy, being a man, took a large interest in a woman’s period habits.

      Police and prosecutors have claimed that mixed blood and absence of normal fingerprints are evidence of a struggle, and partial clean up.  They completely misconstrued Amanda’s quirky ways, and Rudy’s diabolical nature. Here again, blame the police. Foolish police.

      10. Much has also been made about the email that Amanda sent on November 4, 2007 to about 25 people.  It was a long, rambling, illogical message, and many of the recipients were learning for the first time Meredith was dead.  Both the tone, and content raised eyebrows.

      But really it makes perfect sense.  Her internet plan only allows her so much data, so she must use it wisely like this.  Besides, separately emailing all those people would take a lot of time, and hey, she had to get on with her life.  Besides, there was some Ooh-la-la with Raffy, and a ukulele that needed strumming, though no time for Meredith’s memorial.  Bottom line: just Amanda being Amanda may work here again.

      11. Sollecito made a great frame-up victim as well, due to his faulty memory.  There was the added bonus that he was the boyfriend of Knox, who also had memory problems.  Sollecito’s mind is so scattered, that to this day he has trouble remembering where he was when the murder ocurred.

      Pesky facts for us here.

      • RS claimed he was at a party (not sure which one)
      • RS claimed he was with AK at his apartment (AK isn’t sure if she read or made love)
      • RS claimed AK went out and asked him to lie for her (November 2007 statement)
      • RS refused to say where AK was (Massei 2009 and most of Hellmann 2011)
      • RS claims he has questions about her account (February 2014 interview)
      • RS claims he meant AK was only with him that “evening” and not “that night” starting at 9:00 pm (July 1, 2014 press conference)

      Obviously, claim what total sh*t Sollecito’s brain is.  What better person to blame this on, one who is too confused and lacks any real sense of time. Dump on him.

      12. Sollecito received a lot of attention for bringing a knife into the police station, and it was determined later that it could be one of the knives used on Meredith Kercher.  Raffaele, quite lucidly, wrote in his book (Honor Bound), what kind of idiot brings the murder weapon to the police station?

      Okay, normally we would agree with Amanda, that this case is actually not complicated.  However in this case, Knox is also right, things are actually more complicated than they appear (see her September 2013 Daybreak interview).  In this case we point out that Guede took Sollecito’s knife, on the offhand chance he would have to kill someone.  He then broke into Raffy’s girlfriend’s home, killed her roommate, cleaned the knife, and then returned the knife to Sollecito, all without Raffaele noticing.

      13.  On a related note, Sollecito also sees things that ‘‘his mind made up.’’  When asked about Meredith’s DNA on his knife, he envisions that Meredith came to his apartment to cook, and that she pricked herself.  Even though Sollecito realizes later that it didn’t happen, it still kind of comes up in his mind. 

      It is not proof of a coverup! RS and AK are just doing some hard drugs that make them vaguely remember or confusedly remember things. Both were on and off high right through to being arrested but we need to hide that. Amanda had a terrific drug source and a cash-free way of paying for them. So blame the police. It was really the pressure from the police, and the pressure of being in solitary confinement, that addled their brains.

      14. Guiliano Mignini was the prosecutor in the original trial.  He has taken flak in some U.S. circles for trying to railroad two innocent ‘‘kids’’ (in reality 20 and 23), when he should have focused on the 20 year old ‘‘man’’ who really, really did it.  Here is proof of this gross misconduct.

      • During the investigation of the house, Mignini told CSI’s to be careful collecting evidence that would incriminate Guede, but ordered them to mishandle evidence that would incriminate Knox and Sollecito.  Apparently Mignini is so wise, he can glance at evidence and know who it came from.
      • Mignini pressured Knox to incriminate Lumumba, despite his being at home right then.  (Read her November 6, 2007 statements).  Apparently, when he did come in, his mere presence was so overwhelming, that Knox proceeded to write out two more statements.
      • Despite what must be a very time consuming job as a prosecutor, Mignini apparently moonlights as Perugia’s Mayor (Waiting to be Heard book).

      • Mignini telepathically caused Judge Claudia Matteini and Judge Ricciarelli to decide Knox, Sollecito (and at the time, Lumumba), were such dangers that they should be locked up in preventative detention.  He also caused the psychologists to give bad reviews regarding AK and RS mental health, despite not being there.

      • Mignini caused Knox (December 2007 interview), to give wildly contradictory statements when he questioned her with her attornies squirming right there.
      • .
      • Mignini caused the Italian Supreme Court to agree (April 2008), with Judge Matteini that AK and RS should remain locked up.

      • Mignini caused Knox (see her June 2009 testimony), to behave in a cold, callous and deceptive manner, and get the Massei court to completely disbelieve anything she said.  Hey, blood is YUCKY, but AK only knew Meredith for a month, and good grief she just wants to get on with her life.

      • Mignini had the Italian Supreme Court (March 2013), annul the 2011 Hellmann verdict, despite not being present.

      • Mignini had the Florence Appeals Court (January 2014), confirm the 2009 conviction, despite not being present.

      • Mignini will likely cause the ISC to confirm Nencini’s ruling (coming in March 2015), despite not being present.

      • Mignini is as we all know omnipresent and all-knowing.

      So to summarize the main points here

      • Guede is known as a knife and rock using burglar, yet the police don’t suspect him.
      • Guede naturally had inside knowledge about the large amount of cash inside the home.
      • Guede is a drug dealer, but didn’t break into the room he knew had drugs.
      • Guede used his 5 or 6 arms to overpower and restrain Meredith.
      • Guede got a reduced sentence, for not appearing against Knox and Sollecito.
      • Guede tried to frame AK and RS, but feared they would frame him.
      • Knox is just a kid, who didn’t know how to behave properly or speak Italian.
      • Knox is scatter-brained, but only when asked pointed and direct questions.
      • Knox has the quirky habit of leaving blood around the house, and wiping everything else clean.
      • Knox just likes to get it all out, so she doesn’t have to repeat herself a hundred times.
      • Sollecito has trouble remembering even today where he was during the murder.
      • Sollecito’s knife was stolen, used in the murder, then returned to him.
      • Sollecito had a vision that Meredith pricked herself while cooking, it was caused by police pressure, in solitary confinement.
      • Mignini is apparently the Mayor as well, and has railroaded RS and AK, despite not being involved in the case for years.

      So there you have it. Proof to widely propagate that an evil prosecutor and evil police can team up with a serial super burglar, and the result is two completely innocent kids are railroaded for a murder they did not commit.

      FREE KNOX AND SOLLECITO NOW!!!!!

       

      Posted on 01/09/15 at 05:21 PM by Chimera. Click screenname for a list of all main posts, at top left.
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      Wednesday, January 07, 2015

      Sound Familiar? Callous Attacker Who Smirked At Trial Turns Into A Whiny Victim

      Posted by Mark



      Above, shooting victim popular Yancy Noll, about to do a skydive; killer Dinh Bowman images at bottom


      Dinh Bowman has just been sentenced in Seattle. See the before-and-after images at bottom. This is from the KOMO News website

      A man who killed another driver in what prosecutors called a random thrill-killing was sentenced to nearly 30 years in prison Friday in King County Superior Court.

      The sentencing comes after Dinh Bowman was convicted last month of first-degree murder in the August 2012 shooting of Yancy Noll, 43, a wine steward who was driving home in Seattle. The jury reached its unanimous guilty verdict after deliberating for a little over one day….

      Before learning his fate, a sobbing Bowman asked the judge for mercy but didn’t ask his victim’s loved ones for forgiveness

      A student at the University of Washington, Bowman seems to have been to the Amanda Knox/Raffaele Sollecito/Steve Moore Crime School.

      • He cleaned up the crime scene (his car)
      • He turned off his cell phone
      • He destroyed evidence.
      • He smirked repeatedly at his trial.
      • He thought he could fool jurors.

      He won’t have the opportunity to write a book explaining how he was so much smarter than the law, but he clearly fantasized violence as both Knox and Sollecito did. Again from KomoNews.

      The judge said he tended more toward the maximum sentence because of aggravating factors in the killing - what he described as the random nature of the crime, Bowman’s “utter detachment” from the devastation he caused and “absolutely no empathy” for the victim or his family.

      Noll was shot four times as he waited at a traffic light and was found dead with his hands still on the steering wheel. Bowman sped away in his own car after the shooting, but he was eventually identified and prosecuted.

      Senior King County Deputy Prosecutor Kristin Richardson said the case was “particularly frightening because Yancy Noll could’ve been any of us sitting at a stoplight on our way to work.”

      She presented evidence showing that Bowman was a student of murder who read manuals on how to kill and avoid capture.

      Richardson said the “Death Dealers Manual” was found on Bowman’s computer, which told how shooting someone in the temple could result in death. Noll was shot in the temple.

      Just three hours after the shooting, Richardson told the jury, Bowman was reading reference materials he stored on his computer on ways to avoid arrest. She said he was creating a false identity in the middle of the night after the shooting.

      The books failed him. Now the smug thrill-killer Bowman is whiny - and starting nearly 30 years in one of the US’s notoriously tough prisons.







      Posted on 01/07/15 at 10:40 AM by Mark. Click screenname for a list of all main posts, at top left.
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      Sunday, January 04, 2015

      That Supposed Tsunami Of Leaks That Supposedly Hurt The Alleged Perps: Who REALLY Leaked?

      Posted by Peter Quennell



      Curt Knox spins the day in court; prosecutors are forbidden to correct him or explain “their side”

      1. How The Supposed Leaks Began

      On 6 November 2007 investigators into Meredith’s death thought they had caught a big break.

      That was when Knox herself snapped and claimed to be an eyewitness to Meredith’s killing on the night. From 1:30 am to about noon on 6 November Knox repeated that claim and staged her huge fright of Patrick Lumumba again and again. She proved hard to shut up though police did gently try.

      Three times in those ten or so hours Knox herself insisted on writing her claims down, including a claim that she did go out alone. She was repeatedly warned she should have a lawyer present first but pressed on.

      False claims to have witnessed a murder are rare, but not entirely unknown - there can be fame and big bucks in it, played right.

      But in Knox’s case this did not seem to apply - she snapped explosively under no pressure except that just placed upon her by Sollecito who had claimed she made him lie and she had gone out alone from Sollecito’s on the night Meredith died.

      And she had to some extent implicated herself - she said she saw a crime she did not report.

      On 8 November supervising magistrate Claudia Matteini reviewed police and psychology reports and what Knox and Sollecito had claimed (including Sollecito’s writing that he never wanted to see Knox again).

      Judge Matteini declared them both to be bad news. She ordered them to remain locked up. Judge Ricciarelli confirmed that that was all correct.

      In coming months Knox was given repeated opportunities to clear herself, to put the evil genie back in the bottle, but she failed every time. In April 2008 Cassation ruled there was plenty of prima facie evidence, and that Judge Matteini had done the right thing.

      Knox herself inspired these events of 6 to 8 November. They are what caused the voracious UK media and relatively mild Italian media to get their paid snoops to Perugia fast.

      All of them were lobbying to get an edge. Investigators had some difficulty performing their tasks because they were getting so many calls and being crowded in the streets.

      2. Did The Police Or Prosecution Ever Leak?

      The Italian rules are quite clear. Unlike the US, cases for and against the accused must be fought only in court, and when the prosecutor or judge speaks, it will mostly be in a document that has been cleared.

      How many proven examples do you think there are of police and prosecutors slipping reporters leaks and tips and inside tracks to advance their case?

      In fact NONE. Not one.

      Among the frustrations we picked up from the excellent Italian-speaking reporters who were actually there was how under Italian rules there was so little that police and prosecutors were allowed to share.

      In the UK it is also a bit like this. But in contrast in the US there would typically be daily press conferences and prosecutors (85% of them are elected in the US) appearing on the cable-news crime shows like that of Nancy Grace.

      And Dr Mignini himself famously never leaks. The few things he ever says are on the record and they always prove accurate, low-key, and very fair. From 2007 right up to today he continues to maintain that Knox had no advance intention to kill. A softer line than some of the judges settled upon.

      3. Did The Defenses And Families Leak?

      Sure. This case must have broken all records for defense-biased leaks. Finding themselves in a vacuum of police and prosecution information and pushback, the Knox PR grew to an angry and often abusive and dishonest roar.

      The sharp-elbowed Knox-Mellas presence was constantly “available” in Perugia and Burleigh and Dempsey among others got totally taken in. Ann Bremner and Judge Heavey and Paul Ciolino became more and more shrill. Heavey wrote to the president of the Italian Republic on his official letterhead. Senator Cantwell issued many unfounded claims. 

      And through 2008 and 2009 one can spot increasing leaks from each defense team, often to try to advantage their client against the other two. We were offered some of those leaks, among others “the truth” about the autopsy and “the knife”.

      The Perugia Shock blog by PR shill Francesco Sfarzo (now on trial in Florence for making things up, and wanted by police in the US) came to be a main conduit for defense lies and misleading information, possibly some from a disgruntled cop. 

      Here is one easily proven leak from the Knox defense that was intended to hurt the police and prosecution in the case.

      But putting police so overtly on the spot was a dangerous game. More often each perp and their defense team took whacks at the other two as a Rome lawyer showed here and we showed here.  In the past few posts we have been showing how many things about Rudy Guede were made up (more to come).

      4. Making Things Up For Profit And Fame

      In 2007 and 2008 various unsavory characters surfaced in Perugia, to try to win fame and make a buck. This quote is from our post directly below.

      Christian Tramontano, who had claimed someone threatened him in his house in the dark with a knife who looked like a shot of Guede in the papers two months later, was not even called, perhaps because at a hearing in October 2008 Judge Micheli denounced him as having made things up.

      Tramontano is right now a jobless bouncer, as the mafia was found to have some involvement in his club. Judge Micheli scathingly repudiated his tale as his story did not ring true - he made no police report about it at the time.

      But worse, he looked like one of quite a few around Perugia (and later in the US) who were seeking global fame and big bucks from the media for “inside knowledge” and claimed close connections to one or other of the alleged perps.

      Despite this Tremontano’s self-serving claims are repeated as gospel by the PR shills all over the place. Those claims appear as gospel in every one of their books.

      This is from Tom Kington of the Guardian in a report posted 27 September 2008:

      The trial in Italy of Rudy Guede, one of the three suspects accused of sexually assaulting and murdering British student Meredith Kercher, was thrown into disarray yesterday when a judge stopped proceedings after learning that one of the main character witnesses had allegedly tried to sell his story to Italian television.

      Abuker Barro, known as Momi, a Somalian acquaintance of Guede, was due in court in Perugia yesterday to repeat claims made to investigators that he had seen Guede rifling through women’s handbags in clubs in Perugia and making aggressive advances to women when drunk.

      But the judge, Paolo Micheli, blocked him from completing his testimony after lawyers for Guede showed a video of Barro meeting journalists to allegedly negotiate payment of €2,000 (£1,588) for revealing his testimony on Italian television. Micheli will ask magistrates to decide whether Barro should be prosecuted for abusing his role as a witness, which could exclude his testimony.

      The incident, described by Guede’s lawyer, Walter Biscotti, as ‘an assault by the media’, follows a series of leaks to the press of evidence and even jail diaries by suspects during the investigation into the brutal slaying of Kercher, 21… [bold added]

      Few real reporters were unethical or incompetent enough to accept and report biased and unconfirmed claims like Tramontano’s or Barro’s. But you can find those false claims hyped pervasively throughout the pro-Knox books as if they were gospel.

      Among others Dempsey’s, Burleigh’s, Moore’s, Preston’s, Hendry’s, Waterbury’s, and Fischer’s books come to mind.

      Posted on 01/04/15 at 01:30 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
      Archived in Those officially involvedThe prosecutorsThe defensesReporting on the caseMedia newsThe wider contextsItalian contextAmerican contextKnox-Mellas teamSollecito team
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      Friday, January 02, 2015

      The Serial-Break-in Arm Of The Rudy Guede Hoax: Testimony In Court Far Short Of Smoking Gun

      Posted by Peter Quennell



      [Maria Del Prato in the inner courtyard in Milan from which her pre-school opens off]


      You might first like to read Miriam’s translations of trial testimony here and here. There are more images here.

      That trial testimony fell far short of providing Guede demonizers with all they now claim.  All the testimony about supposed break-ins by Guede was presented on 26 July and 27 July 2009.  These were two lackluster half-days for the defense. 

      Pre-school principal Maria Del Prato came across as understanding and fair. Lawyer Matteo Palazzoli, who encountered the break-in scene during a Sunday night visit to his office and who lost his computer did not elaborate very much and seemed glad to be gone. Lawyer Brocchi with the least involvement talked the most, but he could be read as pointing a finger away from what he really thought happened. 

      Christian Tramontano, who had claimed someone threatened him in his house in the dark with a knife who looked like a shot of Guede in the papers two months later, was not even called, perhaps because at a hearing in October 2008 Judge Micheli denounced him as having made things up.

      Maria Del Prato conceded that Guede probably had a key loaned to him by one of her staff which explained why no break-in charges were lodged.  Milan police did not just let him go, they checked his record with Perugia police (he had none and police knew little or nothing of him) and knew where he was for a possible later charge.

      Nobody in Italy is given precautionary custody simply for possessing several items none of which were reported as stolen which conceivably could have been passed to him by another perp.

      The French window one floor above the ground in the dark around the back would have been easy to break into on a Saturday night according to Matteo Palazzoli by simply climbing up the grill over the French window below and then using the balcony to break through.

      Hardly the scenario for breaking into Filomena’s window during Perugia’s late rush-hour on a weekday evening with a lot of cars and people still around, under a great deal of light from the street and the carpark above, while leaving no prints and no DNA, on a day when as far as he knew all four girls were in town (three of them were).

      Zero fingerprints were found in the lawyers’ offices though a great many items had been touched. What appear to be the tools of a habitual burglar were left at the scene. The burglar alarm dial-out had been disabled by someone who knew the special trick to doing that.

      The copier was switched on and some quantity of copy paper and several USB drives with legal data were gone. A front window had been opened and then not fully closed, perhaps to pass things through to someone waiting with a car.

      Payback or warning by a legal opponent? Such things are not unknown. Neither lawyer systematically reported a theft - Paolo Brocchi claimed he didnt know that his cellphone was gone and Matteo Palazzoli never gave the serial number of his computer to the police. Were they each anxious to just move on?

      Note that Guede was placed at a disadvantage here. Neither he nor his lawyers were there to cross-examine the witnesses or call more witnesses of their own and the prosecution did not ask even one question. Nobody asked what legal documents may have been involved.

      This has allowed supposition to grow unchallenged, though it looked like a red-herring by the defenses in the court.  Certainly no smoking gun, other than that Guede had some items later proven stolen.  For those he was recently sentenced in Milan to another 16 months.


      Thursday, January 01, 2015

      Guede Hoax: Translation Of Lawyers Testimony #2 On Breakin Shows No Concrete Connection To Guede

      Posted by Peter Quennell



      Exit route was via one of those windows; weeks later, Guede would come knocking at that door.

      1. Overview Of The Post

      This post provides the translated testimony of lawyer Matteo Palazzoli.

      He was the owner of a Sony Vaio computer stolen from his office, which was possibly the same one that Guede was found in possession of. The previous posts on this aspect of the Guede hoax showed:

      • How similar to the back balcony route to a forced break-in of Meredith’s house was the supposed route into the Perugia lawyers’ offices.

      • How the testimony from the lawyer Paolo Briocchi on the office break-in pointed as much away from Rudy Guede as it did toward him.

      There will be an overall assessment in the next post.

      2. Testimony Of Matteo Palazzoli

      Translation of the difficult language here and in previous posts was kindly provided by Miriam. MP stands for Matteo Palazzoli, the lawyer whose office was broken into. GCM stands for Judge Giancarlo Massei. LM stands for Sollecito defense lawyer Luca Maori. MDG stands for Knox defense lawyer Maria Del Grosso.

      The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

      General information: Matteo Palazzoli, born in Umbertide, province of Perugia, October 9 1974, resident of Perugia.

      GCM:  Please proceed.

      LM:  Lawyer Maori, for the defense of Sollecito.  What is your profession?

      MP:  Lawyer.

      LM:  Where is your legal office?

      MP:  At via del Roscetto no. 3, from Febuary 2007, if I am not mistaken.

      LM:  Together with lawyer Brocchi.

      MP:  Together with lawyer Brocchi.

      LM:  Before you, Lawyer Brocchi told us of this theft you were subject to on the night between the 13th and 14th of October 2007.

      MP:  Yes.

      LM:  Can you give us information of what happened in that situation?

      MP:  I was coming back on Sunday October 14, after being away from Perugia for 2 days, and before coming back… because I live close to the office, I keep the car parked with a subscription at the parking lot of Sant’Antonio [opposite Meredith’s house], therefore I walk down via del Roscetto regularly to return home, which is in via Imbriani [further down the hill behind the law offices]. In these circumstances, I sincerely don’t reacll the reason, I stopped at the office before returning home. I think it was 6:30, 7.00 pm, of Sunday afternoon, I don’t recall the exact time.

      I went to the office, and upon entering the office, I noticed right away that something was not right, because to begin with it was October, and it was rather warm, I remember, and strangely the heaters were turned on and it was rather hot inside the office. The heaters were turned on and I immediately noticed upon turning on the light that the bathroom light was on, the restroom of the office. At that moment I didn’t notice anything else.

      Then I turned my head to the right in respect to the office entrance , and I immediately noticed my jacket, a black jacket, and a jacket of Lawyer Brocchi’s laid out on the floor. Honestly I asked myself the reason for this. I went to the French window of the office that gives out to an inner courtyard of the building, and opening the inner shutters, I noticed the glass had been broken, and that the jackets had probably been laid on the floor to cover the broken glass.

      At this point I ran to my office, that is in front of Lawyer Brocchi’s , and I immediately noticed, cautiously, that the only thing that was missing… besides the binders being completely opened, and the dossiers, in there turn, also were opened with papers strewn throughout the office, I noticed that my computer was no longer there, it was not where it should have been, and that the window of my office that gives out to via del Roscetto [a window in the image at top] that at first glance appeared to be closed, in reality was open. Therefore, it had been reclosed but not completely closed, probably,  don’t know why.. whoever entered, exited through my window, not closing it completely on the way out, I honestly don’t know the reason.

      I did another round of the legal office, and I noticed again upon entering the restroom, the light on in the restroom. I went into the office of Lawyer Brocchi, and I remember that inside his office, on the desk of Lawyer Brocchi, there was a suitcase of his and on top were positioned, with a certain precision, certain objects, that I seem to remember were screwdrivers, I am frankly not sure if there were screwdrivers.

      After having gone into Lawyer Brocchi’s office I turned and went into the waiting room that is there close to the conference room, and I noticed that there was a small pile of glass, that I don’t know where it came from, because the window of the waiting room… that is, no other window, if I remember correctly,  of the office was broken, in the office the only window that had been broken was the French window that gives onto the inner courtyard.

      The window of the waiting room had not been broken and yet still, there was this small pile of glass, furthermore well arranged, in the waiting room. The copying machine was turned on, I don’t know for what reason,  several reams of paper of the copying machine were missing.

      LM:  The person who entered had drunk beverages that were in the legal office?

      MP:  Yes, I remember that it was a bottle of orange drink, if I am not in error, it was left in the waiting room.

      LM:  Listen, you spoke of this computer that was taken on this occasion. Can you tell us what type of computer it was?

      MP:  It was a Vaio, the outside cover was white. The distinctive trait is that differently… the distinctive feature of that computer is that it has a 16:9 screen that is high resolution.

      LM:  It’s a Sony.

      MP:  It is a Sony Vaio, that is a brand of Sony. It has a particular graphics, it is only one of a few computer that doesn’t change the type of color depending on how one roatates the screen. It was a laptop, in any case.

      LM:  This laptop did you have any news of where it was… was it ever found? Was it given back to you?

      MP:  In these days I have had ways to reconstruct, in my mind, the events and the only thing I have not had a way to… it happened in the succeeding days, I don’t remember exactly when, that while I was coming back from a client outside the legal office, Lawyer Brocchi called me to tell me that the police or carabinieri called from Milan saying that they had found our things, commenting: “you are always lucky, you lose everything, they steal everything, but you always recover everything”, “Okay”, I said.

      I arrived back at the office and he told me about the call in detail, that it was… the police station, I sincerely don’t remember, of Milan anyway, they had called and they had found us because on the cellphone of Lawyer Brocchi… which in the immediacy of the event, we had not noticed had been taken because it was an out of commission cellphone and not used by Lawyer Brocchi, thus probably he did not remember in the immediacy of the event it had been taken, he did not realize at that moment.

      Opening the cellphone, the message, if I am not in error,  “welcome Lawyer Brocchi” had appeared. Thus they were able to find us, and substantially tell Lawyer Brocchi that they had found his cellphone and my computer. Now, I said before, in these days before today’s judicial hearing I was able to gather my thoughts and furthermore I was never able to verify that the cellphone [note: he presumably means his laptop] that was found was effectively mine, because when Lawyer Brocchi and I went to the police station of Perugia to do the report, I did not have at hand, because my accountant had not given it to me, the invoice that indicated the specific model of the commuter. Thus, today I would not be able to say, if not…

      LM:  Anyway the computer was not given back to you?

      MP:  No.

      LM:  Before you spoke of this telephone call by the Milan police station.

      MP:  Made to Lawyer Brocchi.

      LM:  Do you know if those [investigators] attached to the police station in Milan had discovered the perpetrator of the theft?

      MP:  I sincerely don’t know, they certainly did not tell us. That is, we were told only that our things had been found, or rather, Lawyer Brocchi related to me that the police station of Milan had told him that the things we reported stolen had been found.

      LM:  Lawyer, do you know Rudy Hermann Guede?

      MP:  No.

      LM:  Have you heard of him?

      MP:  I have heard of him in relation to the renowned incident of this proceeding.

      LM: Do you know that Hermann Rudy Guede was found by the police station of Milan, a few days before these matters, with your computer?

      MP:  I don’t know that he was found with… or rather, at the time that Lawyer Brocchi related to me that the police station of Milan had called him, the police station did not specify the individual that was found with the computer. I think that in that circumstance they had specified that it was found on a boy that was committing a similar crime, if I am not in error, in a kindergarten in Milan.

      LM:  Was it related to you by your assistant Doctor Morini, I believe that is his name, and by Lawyer Brocchi of an encounter that took place on October 29 with this Rudy Guede?

      MP:  Yes, it was related… somehow in this case…when these things happen, unfortunately I am never there.

      LM:  You were not present, it was only related to you.

      MP:  It was related to me that a boy had come to the legal office, and a conversation had intervened between…

      LM:  What kind of boy?

      MP:  A colored boy, I gathered, had come to the legal office and held a conversation with Doctor Morini and probably even with Lawyer Brocchi, and declared himself absolutely extraneous to the matter and declared that he bought my computer legally , if I am not in error at the train station of Milan, I sincerely don’t know. This was related to me by my colleagues.

      LM:  In any case, you exclude having had your computer returned?

      MP:  No, absolutely.

      LM:  That, by your knowledge, is in Perugia?

      MP:  I think I remember having done a request of release [to Milan] that unfortunately was rejected.

      LM:  If you do it here in Perugia, probably you will have a better result. Another question, before you spoke of the fact that when you entered the legal office on the evening of October 14th you saw lights on. The light that was on, where was it situated?

      MP:  At the instant I entered the legal office, it was dark obviously, inside the office, and I had not yet turned on the light, I noticed the shining of the bathroom light on.

      LM:  Had the bathroom been used?

      MP:  The bathroom… honestly this I can’t tell you, that is I can’t know if it was used, from evident signs I think not, but, that is a simple supposition on my part , that does not have much value.

      LM:  Thank you.

      GCM:  There were no signs of it having been used.

      MP:  Yes, no signs of use, no odor.

      GCM:  This is what the lawyer was asking. Other questions? For the prosecution? There are no questions. Excuse me, probably just a peculiarity, the window that was broken, if you can give us a description? Are there inner shutters, outer shutters?

      MP:  It is a French window that gives out to a small terrace that overlooks an inner courtyard of the building, and below our window, right in alignment, there is a door covered with a metal mesh, so much so that we supposed that whoever entered inside the legal office, one of the possible hypothesis, climbed that metal mesh, because it is a mesh, with squares not more than fifteen centimeters, thus perfectly usable for this purpose. It is a French window that has inner shutters. It doesn’t have…I don’t remember, I think it has… because there was a period when our legal office, for reasons of restoration, eliminated all the outer shutters. So I don’t remember if in that moment it had or not the outer shutters, I think not, but I would say something I don’t remember exactly.

      GCM:  I also wanted to ask you, there were only the two jackets on the glass? Where there other items of clothing that indicated a search in wardrobes, or only these two jackets? 

      MP:  Honestly I would not be able to remember.

      GCM:  You remember of these two jackets, that one was yours.

      MP:  Yes because I don’t think there were other clothingsd in the office. I don’t remember if there were others… besides the toga of Lawyer Brocchi, but it was left…

      GCM:  I wanted to ask you, these jackets where [normally] were they? On a coat rack?

      MP:  They were on a coat rack that is to the right of the entrance to the legal office, they were on a coat rack, a bluish jacket of Lawyer…

      GCM:  Not in a wardrobe?

      MP:  No, no, not in a wardrobe, on a coatrack.

      GCM:  A coatrack.

      MP:  A coatrack, yes.

      GCM:  I also wanted to ask you, you spoke of a small pile of glass.

      MP:  Yes.

      GCM:  That is, what was it, a small gathered pile or scattered?

      MP:  A small gathered pile of glass.

      GCM:  Purposely put there?

      MP:  I don’t know that.

      GCM:  A little gathered pile, not scattered..

      MP:  Not scattered glass as the ones…

      GCM:  Not scattered glass but a small pile.

      MP:  A small pile of glass.

      GCM:  Originating from the broken window?

      MP:  Probably yes even because there was no other broken window if not that one and there were no other bottle or other things inside the legal office.

      GCM:  The computer, can you describe it? Seen as you said: “you gathered your thoughts” you remember something…

      MP:  If I can see it, I will be able to say if it is mine..

      GCM:  It’s not that the invoice has…

      MP:  No, my computer is a Sony Vaio with a white cover, but the model is not…

      GCM:  Okay.

      LM:  With regard to the question by the President…

      GCM:  Please proceed.

      LM:  In connection to the glass, the glass of the broken window, was this glass scattered?

      MP:  In part scattered, I gather, seeing as there weren’t others…that the others clustered inside the waiting room were from that glass, but not…

      LM:  So there was glass scattered both inside the room where the window was broken, and in adjacent rooms?

      MP:  Let’s agree that the scattered glass, covered by the jackets, was in the corridor that leads to the administrative office, which is to the right of the entrance and is in front of the French window from where the individuals had…

      LM:  So, in conclusion, there was a scattering of glass…

      MP:  Yes.

      LM:  … let’s say with enough range…

      MP:  More than where the jackets were located.

      LM:  Thank you.

      MDG:  May I, President, just one question?

      GCM:  Yes, please proceed, Lawyer.

      MDG:  Do you remember if you had inserted a password on your computer.

      GCM:  Okay, maybe the last questions, on the computer.

      MDG:  On the computer model, President.

      MP:  No.

      MDG:  It was not inserted?

      MP:  No.

      MDG:  Thank you.

      GCM:  The witness is excused.

      There are no other questions; the witness is dismissed.

       


      Sunday, December 28, 2014

      Meredith’s 29th: She Might Confidently Have Expected To Have Come Far By Now

      Posted by The TJMK Main Posters





      A kind stranger sees it. From John Kercher’s fine book Meredith:

      I had never heard of the ‘white feather’ phenomenon until some years ago. The story goes – or so I was told – that when somebody close to you dies, they occasionally send you a white feather to let you know that they are fine and thinking of you. Whether this was true or not, I could have no idea.

      In the days after we were allowed to bring Meredith home and bury her, I went to the cemetery alone and, when I returned to my car, a small white feather was fluttering by the driver’s door. Soon after, I visited Meredith again – and again I saw a single white feather. After this, it happened on several occasions – but I always thought that it was simply a coincidence.

      That was until, sometime later, Stephanie and I were sitting in the garden at a table, and as we talked, a pure white feather floated down and settled between us. I looked up into a clear blue sky. There were no birds. For the first time, I wondered if Meredith really was communicating with us. It was so easy to think that this was a stupid superstition, but I would not stop myself wondering if it was something more.

      Then, quite recently, I had a coffee in London with one of Meredith’s friends from Perugia, Natalie Hayward. We had been talking generally and about Meredith. When we left and stood outside South Kensington Underground Station, to my amazement a white feather suddenly floated down between Natalie and myself and settled on her hand. I looked up. Once again, the sky was pure blue and there was not a bird in sight.

      After Natalie left, I stood at that point for a full ten minutes, looking skywards, and not one bird appeared. Since then, I have heard and read of other people’s similar experiences. From this moment on, I like to think that, in some comforting way, Meredith truly is communicating with me. You may think me stupid or superstitious, but it is an experience I have never had before, and for every white feather I see, the feeling grows stronger.

      Sometimes other people can say things better than you can yourself, because you are too close to events. This was certainly the case when a complete stranger, a middle-aged American woman whose name we do not know, wrote to us and managed to capture the entire essence of the person Meredith was. Her message, unsolicited but so appreciated, was so poignant that it made us cry. Here is what this American woman wrote about our daughter, which I am proud to publish.

        Meredith was an exceptional young woman, who was intelligent, friendly and loving, beginning the adventure of a lifetime. She emerged into the independence of young adulthood with a remarkable ability to make good on all of the advantages that life had given her: a loving family, physical beauty and vitality, intelligence, grace and wit and a desire to excel.

        Along with others, I have felt drawn to learn more about this extraordinary young woman, who did everything that she could, it seemed, to be happy, to achieve and to create goodwill among everyone that she encountered. By all accounts, she was conscientious and generous, possessing a grace and sense of responsibility unusual for her age, while retaining a youthful joy and spontaneity.

        Over time, I became aware of another, deepening aspect of her story working through me. I thought about how beautifully Meredith moved through the world: her dedication to her studies and focus on future goals; her commitment to family and the value that she placed on all relationships. These were qualities that became a touchstone for me, qualities that I aspired to strengthen in myself. I felt drawn to her radiance as a guiding force for good in my own life.

        Most of us will never enjoy, in such abundance, or with such seeming ease, the beauty, joy and success that Meredith possessed and achieved in her short life. But what Meredith knew, what Meredith was, can become a universal lesson. What Meredith, the woman and her life, can teach us, and has certainly taught me, is the value of moving in the world from a place of light and joy. Meredith has set an example, a standard that challenges and inspires us to live in the world differently. Every time that I think of her, I am reminded of this. For those of us who open ourselves to receiving the gift of her radiant beauty, she can serve as a source of inspiration, and a light toward which we can strive.

      Upon reading this, I was overwhelmed. I wondered if this lady was clairvoyant, for she had somehow captured the essence of Meredith so perfectly. I could not have written anything better.

      It is moments like this that make me believe that it is right that, as a family, we still vow to get justice for our Meredith – who, in death, has somehow changed the lives of so many people, without them having even known her. How these people are so perceptive about her, I do not know, but the fact that she has touched so many unknowns means that, in some way, she still goes on.




      Posted on 12/28/14 at 12:36 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
      Archived in Concerning MeredithHer memoryHer family
      Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (14)

      Friday, December 26, 2014

      Guede Hoax: Translation Of Lawyers Testimony #1 On Breakin Shows No Concrete Connection To Guede

      Posted by Peter Quennell



      Christmas in Milan where Rudy had an ambiguous encounter in a pre-school in October 2007


      Our previous post showed the giant scale and surreal flavor, and the hard facts left out of the innuendo, of the crackpots of the Knox-Mellas campaign.

      Innuendo will get them precisely nowhere. All the courts that have processed the case have warned about this, except for the hapless Judge Hellmann’s, and in March 2013 Cassation was especially sharp in warning that unless there is EVIDENCE to the contrary the hard facts presented to the panels of judges must be respected.

      For evidentiary reasons exclusively, Rudy Guede has never been charged with breaking and entering. Guede got no breaks, ever, contrary to myriad claims.

      The one questionable location where he was found was the nursery school in Milan. As he apparently used a key from one of the staff, any breakin trial would have been dead on arrival. No law required that he be detained. (He was however later charged with being in possession of stolen property,  and just a few days ago his sentence was extended by 16 months.)

      The previous post in this series showed how similar to the BACK BALCONY route to a forced break-in of Meredith’s house was the supposed route into the Perugia lawyers’ offices. It had nothing in common with Filomena’s window, contrary to myriad claims.

      This post and the next in this series show how the evidentiary proof that it was Guede (and not someone with a grudge or a trial opponent) who broke into the Perugia lawyers’ office is ambiguous and contradictory. Some signs point away from Guede, not least that photocopies apparently made of legal documentation (the copier was on and copy paper missing) would have required the use of a car.

      This post is on the testimony of the lawyer Brocchi (owner of the cellphone) and the third post is on the testimony of the lawyer Palazolli (owner of the Sony Vaio computer). Brocchi was quite talkative, despite his minor role, and so we will hold our highlights and interpretation for the next post.

      The extensive translation of the difficult language here and in the post still to come was kindly provided by Miriam.

      The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

      General Information: Paolo Brocchi born in Rome, March 2, 1968

      GCM: Please proceed.

      LM:  Good Morning, lawyer Maori, for the defense of Sollecito.

      PB: Good morning.

      LM: It is an unnecessary question, but I must ask it. The first question is this: what profession do you hold?

      PB: Lawyer.

      LM: Where is your legal office?

      PB: In via del Roscetto no.3 in Perugia.

      LM: Did your office undergo a burglary in 2007, in October 2007?

      PB: Yes.

      LM: Can you tell us how this burglary took place, how the thieves got in, and what was taken?

      PB: Certainly, the burglary was discovered by my colleague lawyer Palazzoli, the owner of the office, he told me about it on a Sunday afternoon, because the theft took place….. It was done between the night of 13th and 14th of October 2007, a night between Saturday and Sunday. The burglary was discovered by my colleague, the lawyer Palazzoli, on Sunday afternoon, because he entered the office to look for a professional file, and upon entering he discovered the burglary. The person or persons that entered inside the office, from what we were able to reconstruct together with members of the Squadra Mobile that intervened for us at the office, they entered through a window situated in the secretary’s office that was subjected to broken glass, the glass of this window was broken with the aid of a piece of porphyry, a big rock that we found there at the spot. The window was broken, then these persons or person turned the handle. The glass clearly was spread everywhere, because it was a rather thick glass. After which, on top of these pieces of glass we found our clothes. For the most part the glass was scattered on the floor and on top of the glass were our jackets, mine and my colleague’s Palazzoli, that had been hanging on the clothes hanger in the corridor right in front of the window.

      LM: Excuse me if I interrupt you, to reconstruct the dynamics of the event exactly . It would seem   that the 13th of October was a Saturday.

      PB:  From what I remember, yes.

      LM: Your colleague had remained in the office until….........

      PB: No, I stayed in the office. Saturday I remained in the office because I had a client on Saturday   afternoon, that was something anomalous, but it was for an urgent discussion. I called for a meeting that Saturday morning, then he arrived in the afternoon, and I left the office at 8.30 pm that Saturday.

      LM: 8.30 pm that Saturday and after, the following Sunday, the evening…...

      PB: The day after, Sunday, I was called on the telephone by lawyer Palazzoli, who told me “Look somebody came into the office, I have already called the Carabinieri”, who then because of the jurisdiction of the old town center, as we found out, alerted the Squadra Mobile of the State Police.

      LM: Does your office have an alarm?

      PB:  The office was fitted out with an alarm, but that evening it was not activated, because, as I reconstruct the event, it had just been installed. That evening I left at 8.30 pm. I remember perfectly that I did not activate the alarm system. The strange thing that I can highlight in connection here is that I noticed the alarm system the next day, when we entered, was not damaged, the bright light was functioning even if it was dis-activated, and the person or persons that entered did not damage the alarm, they only dis-activated the telephonic combination, thus with this they manifested a minimum confidence, a certain competence in the subject matter of alarms, of electronics, because to dis-activate a telephonic combination without damaging the alarm, I would not be capable, even being the owner, thus I would not have this competence.

      LM:  One other thing. You spoke then about a window that …..

      PB:  Yes, apparently

      LM:  Was that the only break in?

      BB:  Yes

      LM:  Is it a window that gives onto the main street or onto a private court yard?

      PB:  No, this window gives out to a private court yard that is than protected from the public street by an exterior gate. So it is probable…. I don’t know if can be possible…. because close to that window there are other windows of other apartments, there are… there is a window that is about one meter from the balcony of my office, so everything is possible. But this person or persons if they came from the public street would have to open a gate that gives on private property and then, with the help of I don’t know which tools, climb up for three, four meters on a vertical wall to then arrive to the terrace ,where was located my office, where it is still located, first up to this window and then through this window enter inside my office, if this was the way in.

      LM:  However this break in took place in this window, three/four meters high.

      PB:  More or less

      LM:  Did you find a ladder close by?

      PB:  No

      LM:  Did you find other tools?

      PB:  No. I remember that we inspected with the Squadra Mobile crew. I should say that the property below us has a door, an armored mesh and a particularly able person could have climbed up. Could have, I don’t know, this is just an assumption.

      LM:  Anyhow it was not easy to climb up.

      PB:  Absolutely not.

      LM:  Before, you spoke about this rock, this porphyry..

      PB:  Yes

      LM:  Where was it found, inside or outside?

      PB:  Strangely, right on the little terrace, evidently the person or persons that entered with the help of this very heavy porphyry because a double glass had to be broken, it was not a thin glass, but it was that type of glass utilized mainly for thermal insulation, certainly not for security reasons, evidently it needed a heavy impact in order to somehow succeed in the intent, otherwise a small piece of rock would evidently have been sufficient.

      LM:  What was taken from inside the office?

      PB:  So, at first we noticed that the office was in a state of general disarray : all the archive was turned upside down, all the files of the offices were piled up in a heap. But from the first inventory that we did there at the moment, this was missing: a new computer belonging to the lawyer Palazzoli, a note book the brand of which I absolutely do not remember [actually a Sony], a USB flash drive used to save data, a portable Canon printer which was mine, and then a few days later, when I was contacted by a crew of the Police of Milan, agent Spesi Rita, I realized that they had also stolen a cell phone, that anyhow was not working properly, that furthermore was included in the process of investigation (SDI) of the Police Force. Therefore there was also this cell phone, that beforehad I had quit using and didn’t even remember about, that was in the drawer of my desk.

      LM:  Lawyer, were money and checks stolen too?

      PB: No, there were none.

      LM: On this I have to challenge, that you on the complaint of the burglary indicated also checks from the Banca delle Marche [were stolen].

      PB: No I will explain the reasoning. Those checks at the first moment appeared to us not present. There was a block that was finished, but then after checking with the bank, those checks had been annulled, so in reality they hadn’t been stolen. The verification that we did at the bank the Monday after, highlighted that I had annulled those checks and the bank had trace of it, so nobody took anything.

      LM:  Another thing before speaking of the recovery of the computer, you told us of the small havoc done inside your office.

      PB:  Yes.

      LM:  You spoke of the ransacking, in addition to, as you said before, of the broken glass with your clothes on top. Was also the photo-copy machine utilized?

      PB:  I am not able to say that. It was easily usable because it was not code protected, but this I am not able to…

      LM:  Did they turn on the heating?

      PB:  Yes, when we entered the heating system was on, as matter of fact there was a torrid temperature inside the office, because it remained on, I think, more than 24 hours, in a month, October, that was not particularly cold. Furthermore I noticed that this person or persons that entered inside my office even made use of drinks that were in a cabinet, leaving…. they even opened the cabinet of the first aid meticulously looking for everything that was inside, but more than anything else disinfectants and blood pressure gauge, this type of things, but they really did an accurate selection of the material present inside the first aid cabinet.

      LM: Returning to the computer, the property of…..

      PB: Of the lawyer Palazzoli, yes.

      LM: Was it discovered at a later date?

      PB: Well, we never saw it. I say, that the 27th of October 2007, around noon, it was a Saturday, I was in the office in a anomalous way because generally I had the first 3 hours at school and the last 3 hours are normally always….. making 6 hours Saturday morning. But that morning I left early and I was in the office. A telephone call came in on the land line, a call from the police station Venezia Garibaldi from the Milan Police, the agent Rita Spesi, who told me that they had found an individual, of whom I was not given general information, nor the gender, I was only told that certain goods were on this individual, that if I remember correctly they were found inside a kindergarten, a school, an institute of learning, and in this instance, among goods that were in possession of this individual or better held by this individual, this person also had this cellphone. Turning it on, my name appeared, and from here the police officer by way of a search of the SDI system of investigation, saw my complaint of theft of October 15th 2007, and so she asked me if proveably those goods were my property.

      LM:  Therefore the telephone and computer?

      PB:  Telephone without doubt, the computer was described to me, it was not mine, I manifested doubts in the sense that…... well I had never seen it, or used it, because it was my colleague’s, who had just bought it, a short time ago he had just bought it. On the computer I manifested doubts. On the telephone, on the telephone however by way of the names of the address menu, the clients and friends of mine, I was able to confirm with certainty that at least my SIM card was on that phone.

      LM:  It is a Sony model…..no excuse me…..

      PB: No, the telephone is a Nokia.

      LM: It is a Nokia, model 6310.

      PB: Nokia, for sure, the model now not….....

      LM: Like this one, so to….....

      PB: Yes, exactly.

      LM: 6310.

      PB: It is the same color, if I remember correctly.

      LM: However this is not yours, it is mine.

      PB: No, fine.

      LM:  Was the name of the person that was stopped given to you by agent Rita Spessi?

      PB:  No, absolutely not.

      LM:  Did you then find out the name of this person?

      PB:  No, this happened on October 27th when the police officer calls me. All ends with this telephone call in which I stated I recognized at least the cell phone. On October 29th, a Monday afternoon I am in the office and on the phone with some clients. October 29th, I may be mistaken, but I believe I mentally reconstructed the facts in this way, I did not take notes, I must be honest. October 29th my attention - I was on the phone - my attention was drawn by a commotion in the lobby, the common reception area outside the office. I hear voices in the corridor, I am still on the phone, afterward I get closer to see that an assistant of the office, Dott. Luciano Morini, is speaking with someone. Before I can realize what is happening, he tells me “Look Paolo, here is a person that says that he was found with merchandise, goods, objects that were reported stolen by you and your colleague Palazzoli, but that he bought them in Milan close to the train station in central Milan”. At which I go to the corridor and I see, at the entrance of the lobby, a colored person that has a basketball in his hands and is dressed in sport clothes. These things surprised me, because we were at the end of October and it was kind of cold, it struck me quite a bit seeing this person in sport clothes, a tank top like those used by basketball players, and a basketball. I recognized the basketball because I played basketball for twenty years, so I know how to recognize one.  At that point I say: “Look I don’t know who you are”, he answered: “I don’t know who you are either”, I replied: “ Look we are only interested in having our belongings returned” and that was all. At that point I went back to the office. I don’t know if the person stayed in front of the office, and anyhow I close the door and there it ended. A few weeks later, may be a month later, I’m not sure, some time later I see on the newspapers photographs of a person that was associated with the matters of this proceeding, from which I recognized the person that presented himself that afternoon on October 29th, before the matters that brought to this proceeding, at the office to say that, yes he was found at that location in Milan by the crew of the Squadra Mobile, of the police station Venezia Garibaldi, that he did not…. tell me but tell to my colleague Morini, that he did not take anything from anybody but those things he obtained by purchasing them.

      LM:  Who is this person? Can you give us a name and surname?

      PB: Doctor Luciano Morini that…....

      LM: No, no, I say…....you told us of your assistant. You said that this colored person that you did not know, that you saw for the first time October 29th 2007, then at a later stage had the means to see by the newspaper who it was.

      PB: Yes.

      LM:  Can you give us the name and surname of this person?

      PB: I believe that I recognized in that person this Mr. Rudy Hermann Guede, that is not a defendant   in this proceeding, but is involved in the other one…..

      LM: Always in reference to October 29th , at the moment this person came to your studio, you said : “This person arrived , and spoke with my colleague Morini”.

      PB:  Yes.

      LM: And he told you: “I do not know you”. These are the exact words that you said before?

      PB: When I was on the landing, I said….....

      LM: That which Guede said to you.

      PB: That which I said to him, because I spoke first and said: “Look I do not know who you are”. He responds: “ I don’t know who you are either”, furthermore in a perfect Italian, with a Perugian accent, something that surprised me, because been a person…… but everything is possible. To which I told him, “look let’s cut it short we are not interested. We are only interested in getting our goods back ”, end.

      LM:  But naturally you knew the subject of the discussion between….

      PB:  Because a moment before Dr. Morini related to me “look there is a person outside that says that he bought goods that you and your colleague reported stolen, he bought them in Milan”.

      LM:  One last thing. Concerning the computer of your colleague Pazzoli, do you remember the brand, the model?

      PB:  No, I’m not able to answer.

      LM:  Thank you.

      GCM:  Please proceed.

      LG:  Excuse me Lawyer Brocchi, I am Ghirga. Your office is on which street?

      PB:  Via del Roscetto, 3.

      LG:  First…. You already told us the height, can you repeat it?

      PB:  The office is on a raised floor, technically, it is not a first floor, is a raised ground floor, that means that from the entrance of the building you go up ten steps to enter the condominium, then on the left end side there is the entrance to the office.

      LG:  An what about this terrace window?

      PB:  It is on the other side of the building.

      LG:  From the outside how much can it…

      PB:  Let’s say that are a few meters, may be three, four, but I am not able …..because I never measured it.

      LG:  But you were speaking of an access from another street that intersects Via del Roscetto?

      PB:  Exactly there is an intersection, Via del Lupo, going downhill.

      LG:  Via del Lupo

      PB:  Via del Lupo, if I remember correctly, it goes down till you reach a dead end, it comes to a courtyard behind the building and then there is another courtyard that is private property enclosed by a gate. If these person or persons entered through here they would have had to open that gate to get inside to what I described before to get into the office.

      LG:  Thank you, I wanted to clarify that.

      GCM:  Mr. Prosecutor, please proceed.

      PM:  (unintelligible - no microphone) ?

      PB:  In effect I don’t know. Seeing as I was alerted to these happenings by agent Rita Spessi of the police station Venezia Garibaldi, sometime later, together with my colleague, we filed an application for the repossession of these goods at the central penal record office of the Procura di Milano, via Manara. After 24 hours an agent, an operator, or a clerk of the central penal record office, calls me on the telephone and tells me: “Look, Lawyer, we saw the application of release, but to us form 21, does not result in any procedure”. To which I said: “How can it be that no form 21 procedure shows up ? The agents would have done a CNR, or not? At least by the end of their duty, having found a person in possession of stolen goods should have reported…”, “Look , there are no results of this procedure”

      PM:  (unintelligible - no microphone) ?

      PB:  Form 21, subject known, in the sense that in the Procura della Repubblica there are various forms, 21, 45, 44, relative documents, etc.

      PM:  (unintelligible - no microphone) ?

      PB:  No, I looked for it as a form 21, but even then they…..I even asked: “Be patient, I will look for it on the other forms”, to which he said: “We cannot find it”. Given that some time had passed this caused me some surprise. That’s it.

      PM:  But they notified you (unintelligible - no microphone) ?

      PB:  No, never.

      PM:  So then this procedure in any case is not a charge (inaudible - outside the microphone)?

      PB:  This I don’t know. I only say that the application of release, I filed it, and that the central penal record office of the Procura called telling me that they could not find the application filed by me and my colleague as the offended parties and no other relative documents regarding this procedure.

      PM:  When did this happen?

      PB:  2008, last year in the spring, months and months after…..

      PM:  Did you by any chance verify if there was (unintelligible audible-outside the microphone)?

      PB:  No, no.

      PM:  (unintelligible - no microphone) ?

      LM:  I oppose this question by the Public Prosecutor because I would like to make it known to the court that we know that there is a penal proceeding, the Public Prosecutor D’Amico in Milan even has it. We asked for the acquisition, and we have right here……

      GCM:  Excuse me lawyer, what is the motive for your opposition?

      LM:  Because the Public Prosecutor is asking if there is a penal proceeding, when in reality……

      GMC:  Excuse me Lawyer, but the Public prosecutor is asking questions to the witness on what he knows. That if evidences comes out from other sources, they will be acquired. The objection is rejected. Please Public Prosecutor.

      PM:  (unintelligible - no microphone) ?

      PB:  Yes, it is a palace of the 15 century

      PM:  Do you know, by chance, which was the path (unintelligible – no microphone)?

      PB:  I can presume it, having found the glasses in the inside, that….

      Note: in this moment the PM microphone is turned on

      PM:  Therefore before I could not be heard.

      GCM:  The answers have been…

      PM:  The answers were…

      GCM:  Yes.

      PM:  I understand.

      GCM:  The other questions… excuse me, the Public Prosecutor was asking if something to you results…

      PM:  If there is a proceeding, and you say there is not one.

      PB:  No, I don’t say there isn’t one, It does not result from me because the the central penal record office of the Procura di Milan, calling me on the telephone, referred to me the day after, that up to that date there was no registration. Now, everything is possible, that they it registered it later, I don’t know.

      PM:  You did not have any news, in any case…

      PB:  Never, never.

      PM:  Did you receive an extension of the investigation?

      PB:  Never, never.

      PM:  Let’s go back to the position of this… then this office is on the ground floor…

      PB:  Raised ground floor.

      PM:  … raised ground floor. From what point do you arrive?

      PB:  On via della Roscetto there are 2 windows on the raised ground floor, on the street front, that are the rooms of my colleague Palazzoli and mine. Then there are…

      PM:  What is the distance from the ground?

      PB:  From via della Roscetto it is minimum 3 meters, yes 3 meters, because I am tall… well it’s 2 or 3 meters. Then going down via del Lupo, there is a slope, until this public courtyard, because via del Lupo is a dead end. Thereafter, from this side the height increases, let’s say, it increases slightly after this small slope, therefore the ground goes up and there is an internal court yard that is accessible from the public courtyard through an iron gate. Going through this gate you arrive at this private courtyard, than there is an armored door with a mesh, so that one with the mesh is on the ground floor, looking up you see this balcony, this little terrace that is outside is my office, that is situated ….. more than three meters, between three and four meters from ground level.

      PM:  So, this door with the mesh is a door and not a window.

      PB:  No, it is a door

      PM:  Therefore all the way to the ground.

      PB:  Yes

      PM:  How high is it?

      PB:  More than two meters for sure.

      PM:  So after this door, there is another meter to arrive… or a meter and a half, two meters?

      PB:  I presume at least another meter.

      PM:  Another meter to arrive to the balcony.

      PB:  At least.

      PM:  Where was the porphyry rock found?

      PB:  On the balcony, on the outside.

      PM:  You said that inside … can you describe what you found? How was the…..

      PB:  The situation.

      PM:  So the rock was outside.

      PB:  The rock was outside, the glass was inside, the glass of the window in part on the corridor and they were covered with our clothes, mine and those of Lawyer Palazzoli, placed right on top of the glass.

      PM:  They were on top of the glass.

      PB:  On top of the glass, and the thing surprised us, “maybe” we said “to not make noise passing over them”, I don’t know, it is only a supposition. After which they were in the room of the photocopier other pieces of fragments of glass always coming from that window, the only one broken, they were situated on a small rug that was right in front of a workplace, a computer. Then right in front of this there were drinks, real close, open, partially consumed. Then we went into the other room, where the filing cabinet is, it was completely turned upside down. All the drawers were open, all the files were taken and the papers all mixed up on the floor, there were a mountain of paper, an entire archive practically mixed up, that many things we were never able to find, some later, some first, others later. Therefore this was the situation. Then inside my room, on my desk, there was a leather suitcase belonging to me, on top of this suitcase in a very orderly way were placed some screwdrivers, pliers, a hammer, facing the window, all perfectly aligned and facing the window. Even here all the papers in disarray. A chest of drawers was opened, inside were files, all the records of the law practice funds, all the annual quotas of the inscriptions, all things that we found eventually with a lot of effort, mixed one on top of the other. Even here was another filing cabinet of my dossiers that was opened and all the papers mixed up. Then inside of the administrative office there were, there are all the folders with the contracts of the intensity bills, with the deed to the office, all upside down. There was the placement of the [printer] that was… let’s say there had been activity, because we found receipts scattered close to the machine, so there had been…at the least this person or persons had gone to satisfy themselves of what that instrument was. This was…

      PM:  Listen, was the cell phone given back to you?

      PB:  No, I asked for the release, I deposited …

      PM:  So it is in possession of the police or the procura?

      PB:  Office of the body of evidence, I presume.

      PM:  Fine. I don’t have any other questions.

      GCM:  Questions from the civil parties? None, President. The defense can complete it’s questioning.

      LM:  I would like to deposit a record that naturally is in the dossier of the Public Prosecutor and on the basis of this record then ask questions of the witness.

      GCM:  Maybe put this record at…

      LM:  It’s about.. this can be useful to the lawyer because the number of the penal procedure that charges Rudy Guede is indicated and a warning effected on February 1, 2008 by the Procuratore della Repubblica, the assistant D’Amico, that is carrying out the investigation with regard on Rudy Guede for the crime of theft, receiving stolen good, and for the crime of carrying an illegal weapon, law 110 of ’75. This information was also given to the Procura della Repubblica of Peruga, to Dr Mignini, with communication via fax.

      PB:  When was the procedure registered? Ah excuse me,I can’t…

      GCM:  Let’s see the document. So the parties have seen this document?

      LM:  There is an error in the writing of Dr Mignini (“Dr Minnini”) but it can be understood that it is his fax and and it was even addressed …

      GCM:  Even the defense of Knox knows this…?

      LG:  (unintelligible no microphone) ?

      GCM:  The question in relation to this document?

      LM:  The question is this, Doctor D’ Amico makes aware that all of the confiscated material and thus the computer and the Nokia cell phone, had already on the date of February 1, 2008, prior to February 1, 2008, been passed on to the police station of Perugia.

      PB:  So it is in Perugia.

      LM:  The question is this, I would like to know, did you request in the first days of the year 2008 to the police station the return of…

      PB:  No, I did so to the Procura di Milan, believing that it was held in the body of evidence of the Procura di Milano, because those people told me they were found in Milan and that it was probable evidence of a criminal activity. Therefore, I thought to make a request of release to the Procura di Milano.

      LM:  Reading the letter sent by Dr D’ Amico , for the Procura di Perugia, both the computer and the cell phone are indicated. Can you recognize the computer, property of your colleague?

      PB:  I say that the cell phone without doubt was a Nokia; the 27th of October 2007 is true because it was Saturday; the Sony Vaio I cannot be certain of the brand, because I absolutely don’t remember it, because it was not even mine, , therefore I don’t know. The attempted aggravated theft, 56, 624, 625, 648…

      GCM:  Only on the objects.

      PB:  Yes. No, the objects… I can only say about the cell phone.

      GCM:  So only the cell phone.

      LM:  I ask for the acquisition so as to demonstrate that, indeed, there is a penal proceeding.

      GCM:  Agreed. Other questions?

      PB:  So it is pending in Milan. The strange thing that I can say to the president is this…  I see that it includes the form 21/2007. So I don’t understand why the Penal Central Record Office told me that it was not pending…

      GCM:  Excuse me layer, let’s go back to the testimonial questioning, therefore on the circumstantial facts.

      LM:  Let’s go back to the reconstruction of the entry path in your office by the thief. To the question by the Public prosecutor you explained, as you explained to me, that this window is at the height of about 3/4meters from the ground floor.

      PB:  From via del Lupo, yes

      LM:  Then you refer to a door, an iron door which is close…

      PB:  Yes, I confirm.

      LM:  And this iron door at what distance is from the window?

      PB:  It is perpendicular just under the window.

      LM:  So therefore there were, let’s say, coarseness on this door that could allow an eventual…

      PB:  A fit person, not I; a fit person, not someone like me, could have climbed up with the risk of plummeting to the ground, because there is clearly no protection, there is nothing but a vertical wall.

      LM:  I do understand. One last thing, the window from which the thieves entered as you indicated, is higher than the other windows?

      PB:  No, because the office is on the same level and it is exactly…you mean compared to the office or as per the window height?

      LM:  Compared to the street level and the other windows.

      PB:  No, at this point, when you get to little terrace you are practically at the level of the other windows.

      LM:  One last thing, when that man on the 29th of October that man, Rudy Guede, came to your office…

      PB:  No, not in the office, he was on…

      LM:  On the landing?

      PB:  Not even, he was in the entrance… on the steps between the street and the entrance of the office…part of the lobby. He did not enter the office.

      LM:  His intention was to come inside the office, to come to you?

      PB:  I don’t know. As a matter of fact he didn’t know who I was, because, when he rang he rang on Legal Office, because evidently somebody had told him that those goods had been… but I repeat, I did not speak with him, therefore no… they are all things told to me by Dott. Morini, so they are not of my direct knowledge.

      LM:  Thank you.

      GCM:  When did this take place?

      PB:  This happened Monday afternoon around 5, late afternoon on October 29th 2007

      GCM:  So how many days after the theft?

      PB:  The theft was October 13th, this on the 29th .

      GCM:  If there no other question the witness is excused.

      There are no other questions; the witness is dismissed.

      GCM:  The communication from the Procura della Repubblica, Tribunale Ordinario of Milano dated the 1st of February 2008 is acquired in order to be used. Who is next?

      LM:  Lawyer Palazzoli



      Tuesday, December 23, 2014

      Calling Planet Knox: Maybe Chris Mellas And Bruce Fischer Need To Rein In Their Crackpot Brigade

      Posted by Peter Quennell





      Above is Chris Mellas with Curt Knox, who we are told maybe thinks the way-too-rabid Mellases now damage the prospects of Knox. 

      Here is some chest-thumping babble on the reliably dishonest website GroundReport by one of Chris Mellas’s crackpot gang, the singularly foolish crackpot Jay.

      Today I examine the role of the Italian judiciary in the framing of Amanda Knox and Raffaelle Sollecito for the murder of Meredith Kercher, the skillful way Giuliano Mignini used the Italian media to hold the entire judiciary hostage to his career ambitions, and why I believe the Italian judiciary may finally be ready to fully exonerate Amanda and Raffaelle of any involvement in the murder of Ms Kercher.

      This case has been out of the hands of Dr Mignini for over five years - if it ever was fully in his hands. He initially took a decidedly mild stance against Knox, who he thought, through drugs and mental problems, had got in over her head and Meredith’s death was not planned.

      In fact from the day after Knox’s arrest the no-nonsense Judge Matteini and Judge Ricciarelli led the case all the way to trial. They got all their information directly from THE POLICE. In light of hard evidence and a psychological report they insisted a potentially dangerous Knox be kept locked up. In April 2008 Cassation very strongly agreed.

      Pretty bizarre to see a Mignini witchunt in this, or a judiciary about to reverse itself on years of meticulous work.

      At the time of the Meredith Kercher murder on November 1, 2007, the Italian judiciary was was locked in a struggle with the Perugian prosecutor Giuliano Mignini. Mignini was facing charges for abuse of office, relating to his ‘Narducci Trail’ investigations.

      This is more chest-thumping babble by the crackpot Jay. Dr Mignini rarely even talks to the media and he is regarded by good reporters as especially careful with the truth. The Italian justice system is not only one of the world’s most careful and most pro-victim-rights, it is very popular and trusted in Italy second only to the President who is also the Justice System’s top dog.

      Dr Mignini’s past caseload as a prosecutor was quite mundane as Kermit’s meticulous and powerful Powerpoint showed. Perugia and its region of Umbria are among the most prosperous and least crime-ridden in Italy toward which the very popular Dr Mignini contributed a great deal over the years.

      Dr Mignini rose to his present seniority of Deputy Prosecutor-General in Umbria because on his merits he consistently excelled. He is often on national TV (among other things ridiculing conspiracy theories and the too-ready blaming of crimes on satanism) and has high-level professional friends and supporters throughout Italy, not least in Florence where he has known senior colleagues since law-school.   

      Mignini and his colleague Michele Giutarri had both been indicted after Mignini had Mario Spezi arrested and briefly imprisoned, in connection with the Monster of Florence crimes. Spezi was released just three weeks later, after an intense media campaign by his writing partner the American author Douglas Preston.

      But rather than back off of his satanic sect Narducci trail investigations, Mignini instead plowed ahead with still more satanic sect cases. At the time of the Kercher murder, Mignini had a case unravelling in Florence against a pharmacist and friend of Spezi’s named Francesco Calamandrei.

      When the Calamandrei case was dismissed in 2008, Mignini pressed his next ‘satanic sect’ case against the 20 innocent people in Florence, including Spezi and members of the Narducci family. Mignini had also tried at first to link the Kercher murder to “rites related to Halloween”.... It is these two convictions, these two false convictions, which the Italian judiciary is in my view trying so desperately to protect.

      More chest-thumping babble by the crackpot Jay. The vast majority of Italians believe the truth of the Monster of Florence case is as set out in the exceptional book Il Mostro by Michele Giuttari in which there really was and is a shadowy group. It was for proving this that a desperate Florence prosecutor took Mignini and Giuttari to court.

      We have shown repeatedly that the fading fiction-writer Preston often does not tell the truth. After his near-arrest for falsifying evidence to seek to make Spezi and himself world-famous for “solving” the MOF case,  Preston took off out of Italy like a terrified rabbit and has tried to prove he actually has a backbone ever since.

      Italians know that in his one brief formal interview with Dr Mignini Preston melted down. He blubbered and wailed while he lied and lied, and was considered so incompetent and naive he might as well be given a break.

      Here from a public document arguing for custody of Mario Spezi (the “brains” of the two, if that is not a stretch) is a conversation between the publicity-hungry Inspector Clouseaus (through public sources we have also obtained the tapes) thinking here that they have made the cops look like foolish dupes:

      [The word “passeggiata” (leisure walk) in the context of these statements makes little sense literally; in fact, it is a code word by which both Spezi and Preston mean the police visit to Villa Bibbiani that Spezi and Zaccaria are plotting to trigger by way of a letter they wrote reporting false incriminating testimony, and by way of which they expect the police to find the false pieces of evidence contained in six boxes that they are going to place in the villa. Preston is aware of this intended fraud, and he is happy about it, because he presumably expects that from such an operation their “Sardinian track” theory would gain visibility as a media scoop and he and Spezi would become world-famous from it, sell a lot of books, and make a lot of money out of it. So “passeggiata” is really the police eating their bait, going there, and finding their forged false evidence in the house.]

      In conversation n. 17077 of Feb. 18. 2006, PRESTON calls Mr. SPEZI, who informs him, expressing satisfaction:

      “We have done everything.. I mean… we went and we did it…  you know my telephone is ugly [sic]…”

      and Mr. PRESTON, still in a chummy and allusive tone:

      “Oh yes, I understand perfectly, yes, hey… the… the… the ‘passeggiata’ isn’t that… isn’t that… we have …  someone has done the ‘passeggiata’?”

      and the journalist pointed out, interspersing that with chuckles of satisfaction: “No, no, no, but… they are going to do it!!”

      and Mr. PRESTON: “Yes, yes… but… isn’t that interesting wow….”

      and Mr. SPEZI: “…. We told them to do it !”

      At PRESTON’s question about when they would be going to do the ‘passeggiata’, SPEZI answers: “Well… I don’t know but I hope soon” and at a further question by PRESTON, he says: “In.. within.. within the 24th”

      SPEZI again answers: “I hope yes”, laughing.

      Then, Mr. Preston adds: “It’s fantastic!... Oh the end maybe, I don’t know but…”

      and Mr. SPEZI: “That would be beautiful!” still sniggering, and Mr. PRESTON agrees enthusiastically.

      After his charging, in conversation n. 17231, Mr. PRESTON calls SPEZI and tells him that they need to speak about it in person.

      The criminal operation stands out even more egregiously in conversation n. 16950 of February 13. 2006, between Mr. SPEZI, the deviser of the plot, and his right hand man Nando Zaccaria; and when RUOCCO gives Mr. SPEZI “information” about the name of the person who allegedly attended the villa, Mr. SPEZI himself calls Mr. ZACCARIA, and, while making him understand that Mr. Gianfranco Bernabei had already been contacted and the report-complaint had been given to him, he adds: “So he called me.. not him Gianfranco… the other guy, we have an appointment at 2:30pm, because he knew about the name”; and ZACCARIA cries out: “Beautifullllll!” with satisfaction.

      In conversation n. 17095 of February 19. 2006, Mr. SPEZI calls Mr. ZACCARIA again and urges him to explain him (to the Flying Squad chief) thoroughly about the “six small boxes”, that is to convince him that the objects are related to the murders. Mr. ZACCARIA tells him that he already explained it to the other guy and says: “If they go there they must look very well.. at everything…”, and Mr. SPEZI: “What I mean to say… if he finds a hairpin this doesn’t mean anything to him…”, making him understand that he will need to “work” him out.

      Mr. ZACCARIA adds in the end: “Then I told him, well while we go… when it’s… when you are going… he says anyway he advises us”. Mr. SPEZI says he agrees and Mr. ZACCARIA reassures him saying he [Bernabei] doesn’t know anything about the case and never dealt with it, then he complains about that the nowadays officers are incapable of doing their job. Thus the chief of the Flying Squad, Dr. Fillippo Ferri, will need to be led by “malicious” Mr. ZACCARIA. Then Mr. SPEZI asks Mr. ZACCARIA to advise him when he goes there (to the Villa). Anyway we remand to the unequivocal content of the conversation, at pages 6, 7 and 8 of request n. 114/06 G.I.De.S.

      Back to analysing more from the crackpot Jay.

      And Mignini, by continuing to file ‘Narducci trail’ cases, and invoking the same ‘satanic sect’ conspiracy theory, was holding the judiciary hostage to his unprincipled career ambitions.  The challenge Mignini presented to the Italian judiciary, was how to stop Mignini’s witch hunt of innocent citizens, without also discrediting the ‘satanic sect’ convictions of Vanni and Lotti in the Monster of Florence cases.

      The task of acting as a kind of judicial baby-sitter to Mignini, fell to Judge Paolo Micheli [who] presided over Rudy Guede’s fast track trial in 2008 – which was also the pre-trial hearing against Amanda Knox and Raffaelle Sollecito, to certify the case against them as warranting a full trial. The challenge for Judge Micheli, was to walk Mignini back from the edge, but without so completely devastating Mignini’s reputation, that the public might begin to question the validity of the satanic sect theory which had been used in the convictions in the Monster of Florence murders.

      This is 180 degrees wrong. Judge Micheli is believed to have been leaned on but ultimately the courts at all levels came round to confirming that Dr Mignini had no choice but to act and he acted quite right. The notion of a satanic sect goes way back and Dr Mignini was more doubtful about it than most.

      Judge Micheli’s ruling was scathingly overturned by Cassation, and some of the cases against malicious meddlers were resumed. Spezi has been in court after court - just a couple of weeks ago, he lost yet another defamation case brought by Michele Giuttari.

      But Judge Micheli allowed Mignini’s case against Knox and Sollecito to go forward to trial. Had Judge Micheli simply done his job, properly heard and investigated Mignini’s case, the only fair outcome would be full dismissal. What Mignini has pulled off is a kind of blackmail. Mignini wanted his promotion at all costs, and was willing to convict and imprison dozens of innocent people to get his way. Amanda and Raffaele are only two of Mignini’s more recent victims, but there are scores of damaged lives left behind in the wake of Mignini’s lust for career advancement.

      The crackpot Jay has defamed American prosecutors too? Probably not. Typical of the cowardly Mellas-Fischer gang he writes in English in the United States in a language and from a distance which makes him feel safe. Dr Mignini has zero record of overzealous or wrongful prosecution, and very, very few cases reversed on appeal, and nobody at all in Italy would buy this defamatory crap.

      After Michelli dismissed the case against the Florence 20 in 2010, Judge Hellman’s appeal court fully acquitted Amanda Knox and Raffaelle Sollecito for any involvement if the murder of Meredith Kercher in October of 2011.

      Hello?! Hellman’s verdict was ANNULED for terrible law, and for illegally trying to repeat the complete trial (absent the witnesses, who he ridiculed) instead of sticking to the few points that had been appealed. Cassation annuls very, very few cases, and reversing this corrupted overstretch was universally seen in Italian law circles as right.

      Extraordinarily, Judge Micheli waited over one year to release his motivation report, only doing so about two months after the Hellman court released its motivation report in favor of acquittal. Motivation reports in Italy, are normally due in 90 days. I believe Judge Micheli’s delay in releasing his motivation report, was to allow him the opportunity to conform his report to that of Judge Hellman.

      Good grief. What is the crackpot Jay on about here? Judge Micheli was leaned on, and he knew he had got the law wrong, and he presumably expected to be overturned - which Cassation very scathingly did. No wonder his homework was not handed in on time; he feared losing his job and serving time.

      The Narducci trail case of the Florence 20, was sent back down absent the element of criminal conspiracy among the defendants. In essence, the case was rigged for dismissal, a fact confirmed by Michele Giutarri in a magazine interview earlier this year. Whereas the case against Ms Knox and Mr Sollecito was rigged for conviction.

      A previous cassation ruling against Rudy Guede in his fast track process where Guede’s defense waived the right to challenge the evidence, determined that Guede had killed Meredith along with others. Cassation ruled that Knox and Sollecito’s trials should be bound by that finding, which is grossly and patently unfair.

      There was nothing unfair. This is a foolish meme. Cassation simply ruled that two others had been involved and that had been proved. It was proved in the 1/4 of the trial that was held behind closed doors where two recreations connected all the dots of the vicious 15-minute taunting attack on Meredith. Both defenses without argument accepted this.

      As irrational as the cassation ruling overturning the Hellman acquittal may seem, there may be a deeper reason behind it. In an article from CBS news earlier this year, Doug Longhini writes: “Following the verdict, judge Hellmann didn’t pull punches.  He declared: “the evidence was nonsense.”  Suddenly, several prosecutors and judges became the targets of criticism claiming they had mishandled the case from the beginning.” ...

      For his part, Berlusconi and his party were at war with Italy’s prosecutors and judges.  The Prime Minister was trying to reign in their investigative powers.  Prosecutors, for their part, were trying to put Berlusconi in jail.”  Seen in this light, the court of cassation reversing the acquittal of judge Hellman is not an act of judicial wisdom, but one of self preservation. To avert a political investigation among their own members, Italy’s court of cassation had to reverse Judge Hellman’s acquittal.

      The addled Doug Longhini is consistently out to lunch both on the excellent Italian system and the Perugia case as have been the entire CBS team - no wonder they have said very little for several years.

      The courts at all points have simply done the right thing and public opinion has been very solidly behind them. Almost every Italian knows that RS and AK carried out the attack. The courts are not in self-preservation and charges against the toothless Berlusconi still stand.

      One can sense the political pendulum swinging first in favor of conviction, then back towards acquittal, then back again towards conviction. And events that unfolded just this year, cause me to believe that the Italian judicial-political pendulum is once again swinging back in favor of acquittal. Giuliano Mignini has received his promotion. In his new role, he will never again prosecute a case or lead an investigation, he is only allowed to sit with other judges on appeals courts. So the judiciary can be confidant there will be no more Mignini led witch hunts.

      Only recently in the past few weeks, the last of the criminal charges against Mignini have been allowed to languish, due to statute of limitations. So Mignini is out of legal jeopardy.  Despite the fact that the only trial on the merits resulted in a conviction and jail sentences for both Mignini and Giutarri, neither will be going to jail, or being held accountable for the crimes they were found to have committed at their first level trial. In the end, it may be said that the Italian judiciary found it easier to promote Mignini, then to jail him

      More babble. Dr Mignini was NEVER in legal jeopardy as everyone in Perugia knew - a judge had signed the wiretap of the prosecutor who unwittingly confirmed a Florence cabal and Dr Mignini and his boss and all his colleagues KNEW he would overturn the spurious conviction on appeal.

      Dr Mignini did overturn the verdict in Florence on appeal - the appeal judge’s ruling was the hardest-line “there is no case” - and as with ex-Judge Hellmann, both the rogue prosecutor and the rogue trial judge are now out.

      Dr Mignini commendably kept pushing back and he won and won and won against the malicious meddlers in the MOF case. On 3 December the great reporter Andrea Vogt posted this:

      Those following the side trials that have spun off or become entangled in the Amanda Knox trial might be interested to know that the now infamous and often-cited abuse of office investigation against Perugia prosecutor Giuliano Mignini, which once made such big headlines in the U.S. and UK media, has officially resulted in no charges, and the investigation has been closed.

      An initial conviction stemming from 2006 wiretaps and the Monster of Florence investigation was overturned and annulled in Florence on appeal [in 2011]. The court ordered that the case be transferred to Turin for any future investigation. Earlier this year he was acquitted of nearly all the accusations.  The Turin court on Tuesday chose to shelve the last remaining question regarding the wiretapping of a La Stampa journalist earlier this week, ruling it was time barred.

      The court’s ruling finally settles the long debated question of Mignini’s record: He has no abuse of office conviction, and there is no longer any active investigation into such allegations.

      The other protagonist, Mario Spezi, on the other hand, still has quite a few problems on his hands. His 2006 arrest eventually resulted in the high court (cassation) ruling No. 865/2013 deeming that the following crimes occurred: aggravated interfering with public investigation from Febuary 2004 to summer 2006, aggravated attempted judicial fraud between February and May 2004 and aggravated slander and defamation for naming Antonio Vinci as linked to the Monster of Florence homicides in 2006.

      For this last charge, Spezi could be held liable in civil court. But he will never be sentenced for any of these crimes, because after the cassation sent it back down for trial at the appeal level, the appeals court in Perugia shelved the case, ruling that the statute of limitations had passed for any further prosecution. And once again, true justice grinds to a halt, caught up in the gears of Italy’s slow and messy system.

      In the meantime, Spezi’s faulty thesis on the Monster of Florence case has landed him in court in several other jurisdictions, where ex-Florence homicide cop Michele Giuttari has been pressing forward with slander and defamation charges related to accusations made about him in his now discredited Monster of Florence yarn that Spezi and his American co-author, Douglas Preston made into a bestseller, pinning the blame on an innocent man in the process. [Bold added here]

      And so the plot thickens.  Giuliano Mignini was made into a convenient media villain when a high-profile American was being tried across the courtroom from him . . . on trumped up allegations that have since fallen unceremoniously to the wayside. Amanda Knox and Raffaele Sollecito, who Mignini initially prosecuted, await the decision of their final appeal before the court of cassation in March 2015.

      Back to analysing more from the crackpot Jay.

      In short and to sum things up: Mignini has gotten his promotion which he valued above the liberty of the innocent; Mignini’s Narducci Trail investigations are over for good; the Monster of Florence convictions against Vanni and Lotti claiming their participation in a non-existent satanic sect are safely in the past; and the war between the Italian judiciary and Burlesconi is in a state of a truce.

      For all of these reasons, I believe the pendulum of Italian politics has again swung in the direction of acquittal, and the Italian judiciary is once again in a position to finally recognize, and exonerate, Amanda Knox and Raffaelle Sollecito.

      It may be a good idea for the crackpot Jay to not hold his breath on this. Cassation and the Florence appeal court have been the most hardline on this. And it was Judge Matteini with the police not Dr Mignini who drove the case forward in 2007 and 2008. As explained above, Dr Mignini had almost no guiding hand, and on 17 December 2007 gave Knox a real break. A shot to get herself off - which she herself tanked.

      Prior to that long conversation with Knox on 17 December at her request, where Dr Mignini played eminently fair and she had to be stopped as she was incriminating herself, they had barely spoken any words. Once briefly at the house on the day of the crime, once briefly when Knox was shown the knives, and once briefly when Dr Mignini presided over the reading of her rights on 6 Nov. That was it. From the post directly below, see also this:

      In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.

      As explained near the top here, from 7 November it was Judge Matteini and Judge Ricciarelli, not Dr Mignini, in the saddle, and they got all of their information directly from the police. Prior to the Guede and Knox/Sollecito trials Dr Mignini did not guide the process, impossible though that seems for the Mellas/Fischer crackpots to believe.

      These facts, and in conjunction with the ECHR soon to take up the conviction of Ms. Knox for Calumnia in the European Court of Human Rights, provides the Italian Court of Cassation, in March of 2015 when they hear the appeal from conviction of Knox and Sollecito, with the opportunity and incentive to quietly discharge the case, and reinstate the verdict of Judge Hellman, finding that Knox and Sollecito are innocent of any involvement in the murder of Meredith Kercher, and innocent of the crime of ‘staging a crime scene’ because the crime does not exist.

      Reinstate Judge Hellmann?! He is being investigated for his suspect role in bending the 2011 appeal right now! Again, it may be a good idea for the crackpot Jay to not hold his breath on this.

      The appeal to the ECHR in Strasbourg is dead in the water because Knox herself made up all the claims of the supposed violations of her human rights. She has ZERO case. Read this series here.

      By the way, for his wild defamations and his contempt of court, Crackpot Jay opens himself to the exact-same charges Knox and Sollecito and Knox’s parents and Sforza all still face. 


      Thursday, December 18, 2014

      The Dangers Of Not Extraditing Convicted Felons Labeled An Explosive Threat To Other People

      Posted by Peter Quennell



      Above: Sydney moslems leaving wreaths- for the non-moslems killed

      1. Lessons From Australia

      It looks like several Australian judges may have wrecked their careers for allowing Man Haron Monis to be at large even though police said he should be denied bail.

      Man Haron Monis was the former Iranian who took 17 hostages in downtown Sydney and caused the death of two others and himself. Coming to light is how many times previously the Australian justice system had treated him with kid gloves for major crimes.

      Reporting from NBC:

      Iran tried to extradite the gunman behind Sydney’s deadly hostage crisis years ago, Tehran’s top cop said, amid questions over how the self-styled cleric had found his way to Australia but not onto a watch list…

      Monis grew up in Iran as Mohammad Hassan Manteghi. In 1996, he established a travel agency, but took his clients’ money and fled, Iran’s police chief, Gen. Ismail Ahmadi Moghaddam, told the country’s official IRNA news agency Tuesday.

      Australia accepted him as a refugee around that time. The police chief said Iran tried to have Monis extradited from Australia in 2000, but that it didn’t happen because Iran and Australia don’t have an extradition agreement.

      Australia’s Prime Minister Tony Abbott said he wanted to know how Monis had been granted permanent residency and why he had been receiving welfare benefits for years, despite being able-bodied “if not necessarily of sound mind.”

      Monis had a gun licence, a rarity in Australia - and he walked free after being charged for writing letters of hate to families of dead Australian soldiers, and for having a hand in the killing of his wife.


      2. The Relevance Of This To Knox

      Regardless of extradition treaty situations, countries almost universally extradite convicted murderers. They dont want dangerous people to have another chance to cause deadly havoc in their own midst.

      Knox is already a felon for life. If Knox is confirmed guilty of murder next March she will be a DANGEROUS felon for life.

      The Italian-US extradition treaty gives a US judge no wiggle room other than to check if the paperwork is in order and then send her on her way.

      But another bent judge could again throw a spanner in the works.

      How dangerous is Knox?  Our psychologists generally think that, untreated,  she is not good news. Not a latent serial killer, or one who sits around and plots, but one who could again explosively hit back when she imagines or exaggerates slights.

      More than anyone in Perugia, Meredith tried to get along with Knox. But Knox showed no sign of a learning curve. The very heavy drug use went on, the sleeping with a drug dealer went on, the dirtiness and laziness around the house went on, and the noisy sex episodes with strangers through paper-thin walls went on.

      She really was the housemate from hell.

      For a month or two after Meredith died, Knox was highly erratic about her role in that death, and showed an extreme eagerness to talk with the prosecution which resulted in the long session with Dr Mignini on 17 Dec.

      In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.

      In her book, Knox describes how the family and lawyers worked hard on Knox to destroy all elements of trust. By the summer of 2008 she was in a mood of full-blown paranoid mistrust, and all chances of a lesser charge were gone.

      At trial in 2009 Knox was daffy and uncomprehending, making irrelevant interventions and really shooting herself in the foot when she took the stand. Raffaele Sollecito and Patrick Lumumba, almost the last two in Perugia to still give her the time of day, both said she was very odd.

      Knox was mentally tested in Capanne Prison and apparently scored high on the psychopathic chart. The four courts hardest on Knox all knew this - the Matteini court, the Ricciarelli court, Cassation, and the Nencini court - which was a major reason why Cassation did not allow bail in April 2008.

      Assuming she killed once, in what was an exceptionally barbaric attack, Knox may or may not kill again. She is certainly inciting or condoning a massive amount of dangerous hate toward Meredith’s family and toward the Italian officials of the court.

      One unhinged attack has already occured - that of the disturbed Michele Moore against Dr Mignini in the Perugia court - and the British resident David Anderson has screamed at meetings and runs an incessant campaign to stir up hate. Court officials have received messages of hate, and there is a small mountain of false and dangerous accusations against them on the web.

      Left untreated and unpunished, a convicted but not extradited Knox would be a killer walking loose on American streets and could continue to condone or incite violence for the rest of her life.

      If Knox killed and remains loose, could she kill again or cause others to kill? Any extradition judge needs to ask as the Australian judges did not:

      Do we REALLY want to find out?















      Tuesday, December 16, 2014

      The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholdered Knox

      Posted by The TJMK Main Posters



      Media outside the Cassation back entrance waiting for news of the ruling

      1. Where This Series Stands

      Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

      They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

      We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

      We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

      Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

      2. The Pre-Trial Hurdles Knox Failed

      Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

      In fact there were six, and Knox dismally failed them all.

      In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

      In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

      3. Sollecito’s appeal to the Supreme Court

      In Knox Interrogation Hoax #16 we described the fourth pre-trial hurdle Knox failed to make. That was her appeal to the Supreme Court against the Matteini and Ricciarelli rulings that much evidence pointed to her and for the safety of others she needed to be kept locked up.

      Knox hadnt really lifted a finger to deflect suspicion away from Sollecito and the same thing applied in reverse from 2007 right through to 2014 with the one bizarre exception of Sollecito’s book.

      Catnip kindly provided this translation below of Cassation’s ruling on Sollecito’s appeal in April 2008 that much evidence pointed to him too and for the safety of others he also needed to be kept locked up.

      If Sollecito had not fingered Knox at his own interrogation on 5-6 November 2007 which set her fireworks off, here was his second chance after his memo to Judge Matteini to set things straight and get her off the hook. 

      So did he? No. He again left Knox dangling in the wind. 

      Summary: Held: the decision to continue pre-trial prison detention for the suspect was reasonable.

      THE REPUBLIC OF ITALY
      IN THE NAME OF THE ITALIAN PEOPLE
      THE SUPREME COURT OF CASSATION
      SECTION 1 CRIMINAL DIVISION

      Comprised of the most Honourable Justices:
      Dr Torquato GEMELLI - President -
      Dr Emilio Giovanni GIRONI - Member -
      Dr Maria Cristina SIOTTO - Member -
      Dr Umberto ZAMPETTI - Member -
      Dr Margherita CASSANO - Member -

      have pronounced the following

      JUDGMENT

      on the appeal lodged by:

      (1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

      having heard the relation made by Member Emilio Giovanni Gironi;

      having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

      having heard the defence advocates G and T (substituting for advocate M).

      REASONS FOR THE DECISION

      The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

      The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery – in the kitchen of his house – of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

      Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

      It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

      The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

      The S defence has indicated an appeal, on the grounds of, with new reasons as well:

      – reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

      – absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

      – arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

      – inexistent evidential value of the phases relative to the discovery of the body;

      – absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

      – absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

      – irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

      – interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

      – attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

      – insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

      – missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

      THE APPEAL IS UNFOUNDED

      As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

      Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

      Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

      It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

      The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

      The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 – coincident with P’s visit – who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

      As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

      In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

      There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told ‘a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, – which would narrowly evaluate as innocuous youthful stereotypes –, in a context the more connoted by the noted habitual use of drugs.

      FOR THESE REASONS

      Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.
      Rome, 1.4.2008.

      DEPOSITED IN THE REGISTRY ON 21 APRIL 2008


      Thursday, December 11, 2014

      Even More Reasons Why NOBODY In Italy Now Is Claiming Innocence Of RS And AK

      Posted by Peter Quennell




      1. The Knox-Sollecito State Of Play

      On average we get an email or two from readers in Italy every day.

      Maybe half are from Italians and half are from foreigners who are resident there. This is from an appreciative American who is married to an Italian and now lives in Milan.

      I go back to Perugia and my friends there as often as I can - everything there is very special to me. Perhaps this sounds a little strange but, to me, the city seems to have lost it’s innocence with Meredith’s murder. I still haven’t met anybody in Italy - from North to South (or from Switzerland either) who believes that Amanda Knox and Raffaele Sollecito are innocent.

      No-one in Italy any longer seems to believe that AK and RS or of course Guede were not involved. The courts have made their case.

      There has simply been too much documentation, too much commentary broadcast on TV, too many disturbing facts coming to light like Knox having sex for drugs with a drug kingpin right up to the night of her arrest.

      The incessant bickering of the two has become a bore. Trials against Sforza, Aviello, and Sollecito proceed and more charges against Amanda Knox and Curt and Edda Mellas remain.  Since this time last year neither of the two has won even one point.

      2. More Proof Undermines The Guede Hoax

      Can you figure out what the image at the top depicts?

      This is the north end of the massif from the east. Right at the center is the law office of Dr Paolo Brocchi, whose office was burgled and whose laptop turned up in the possession of Rudy Guede in Milan. Meredith’s house is visible at top-right and Patrick’s bar, the English girl’s house and the courts are all off to the left.

      At the bottom of the image below in the center is a narrow dark ally. Whoever broke in seems to have done so via that ally and a narrow balcony on the second floor of the law offices. 






      The killer-groupies refer to Rudy Guede as the FORGOTTEN killer though there is no logical reason why. He doesnt hog the limelight but he is convicted and he is doing his time.

      The killer-groupies claim Guede was a drug dealer (untrue), a petty thief (unproven), a knife wielder (untrue), who threatened a man (untrue), a police snitch (untrue) who killed Meredith alone during a burglary which went wrong (untrue). Quite a list of false claims. 

      There is in fact zero evidence proving Guede acted alone. Meredith’s missing money was equivalent to money Knox could not explain.  Read the 45 posts here for all the proof the killer-groupies ignore.

      Absolutely key to the verdict of the trial court were the TWO recreations of the attack on Meredith. Each pointed to three attackers. Both were presented in closed court. 

      Please follow the images below to see how a burglar broke into Dr Brocchi’s office two and a half weeks before Meredith was killed.

      The front door of the law office is at street level. Because the ground slopes down at the rear, the law office is one level above ground level. That is where the glass in the French doors was broken and the break-in may have occurred. 




      Above and below: images of law office at the street level from the front,






      Whether it was Guede or not (there are good reasons for thinking it was not) he or she broke in around the back, up that alley, in the dark, where there is a quite easy reach up to the floor of a narrow balcony outside the French doors.



      Above and below, law office from back, balcony is at hard left not visible here





      Above and below, law office from back, balcony is visible one floor up from ground level





      Above law office from back, balcony is visible one floor up from ground level



      What does that climb resemble? See the final image below. It fairly precisely resembles the climb in the dark onto Meredith’s balcony, also at the back, a route which two separate sets of burglars used in 2009.

      It does NOT resemble at all the climb into Filomena’s room, much higher, in bright light, which to this day not one person has been able to emulate, and which would actually resemble a climb to the office windows at the front in bright streetlight . 

      Those who claim that climbing into Filomena’s window was anyone’s known “modus operandi” are not telling the truth.




      Above, Meredith’s house from the east with balcony used by burglars at the back


      There were no fingerprints in the office and to this day nobody can say for certain what the burglary was really about.

      Only that certain legal papers had been accessed and it is held probable in Perugia that someone was trying to interfere with a legal case. Two other offices at the back were bypassed. 

      Neither Dr Brocchi nor Ms Maria Del Prato who encountered Guede in her nursery school in Milan pressed charges against him for assault or theft. Their testimonies at trial were low-key and puzzling but certainly did not leave Guede in a worse light. Neither had an axe to grind with him.

      So the Milan police and courts finally acted against Guede merely for being in possession of a couple of items of stolen property. Nothing more.

      If Guede had no already been convicted he would have served no prison time.

      But as we recently reported he gets an additional 16 months in prison and his work-release is denied.  Guede’s final appeal to Cassation has just been turned down.

      The killer-groupies should move along. Demonizing Guede with false claims and lying to justice departments (their new angle) will never ensure Knox remains free.


      Tuesday, December 09, 2014

      The Victim As Seen Through The Eyes Of A Past Abuser: Insights From Dr Sam Vaknin

      Posted by James Raper




      1. Overview Of This Post

      My past posts here have been from the perspective of a lawyer, commenting on aggregations of evidence and how justice systems perform.

      If there are to be any gains at all from this sad affair, both wider understanding of policework and law and also wider understanding of the relervant psychology should definitely be among those gains.

      I dont have formal qualifications or expertise in psychology but several years ago I drafted a post on the psychology of perpetrators and then shelved it as it seemed then that our knowledge of the sciences and the perps in this case were both still lacking.

      This is the post revisited, modified and upgraded to contribute to all the new knowledge we have been acquiring.

      I want to concentrate on the work of Dr Sam Vaknin and especially his respected book Malignant Self Love (see Amazon reader rating below) which has helped many to understand why some people inflict pain.

      2. Essentials Of Dr Vaknin

      It transpires that in fact he also has no academic qualification (or anything approaching it) in psychology.  Indeed he is a colourful, controversial character and, it seems, an inveterate self publicist. Rather like, say, Hampikian? Aha.

      There is a Wiki page on Vaknin. He has twice been diagnosed with Narcissistic Personality Disorder and has also been found to be borderline schizoid.  He has accepted the diagnosis.

      Who better, however, to write on the subject of narcissism than someone who has both extensively done the research and himself been the subject of an accepted diagnosis? His output has been enormous.

      In any event his book gave me what I have considered to be helpful (if not authorative) conceptual and investigatory tools or windows on the subject and I have found these to be invaluable.

      So this post concerns narcissism in its many forms and consists of direct quotes from “Malignant Self Love“ with my own observations and some tentative conclusions. However (and given that I am just an amateur), I have to leave it to the reader to draw his/her own conclusions.




      3. Insights For Our Case

      Primary Narcissism

      “Primary Narcissism, in psychology, is a defence mechanism, common in the formative years”

      Pathological Narcissism

      “Secondary or Pathological Narcissism is a pattern of thinking and behaving in adolescence and adulthood, which involves infatuation and obsession with one’s self to the exclusion of others. It manifests in the chronic pursuit of personal gratification and attention (narcissistic supply), in social dominance and personal ambition, bragging, insensitivity to others, lack of empathy and/or excessive dependence on others to meet his/her responsibilities in daily living and thinking.”

      We do not know as much as we should know about Amanda’s childhood and adolescence. Unfortunately much of what we are told comes from partial observers which provides a picture of relative normality. This contrasts sharply with the picture as it unfolds once Amanda leaves Seattle. Immediately we see an Amanda in chronic pursuit of personal gratification and attention (sex and drugs etc), freed from what may have been excessive dependence on her parents. Not uncommon with adolescents but the word “chronic” does seem an apt part of the picture.

      Amanda does not like not being the centre of attention. Witnesses report that when conversation leaves her in the background she starts singing loudly in protest.

      The constant strumming of the same chord on her guitar to annoy others (again when she is being ignored) is another comically classic case of narcissistic supply.

      She also knew (insensitively) how to make Meredith feel awkward, even humiliated “Me and Giacomo get on really well …. But I’ll let you have him”.

      When things start to go wrong with her narcissistic self image she retreats into a dependency on Raffaele, - quite excessive in it’s intensity, - and the relationship is belatedly paraded at the cottage in what may have been an attempt to re-establish, if not social dominance, at least social equality.

      The phone calls to mother when the postal police arrive at the cottage can be interpreted (amongst other things) as a need to re-establish a dependency, or mutual dependency, to see her through the uncertain events ahead.

      Pathological Narcissism is at the core of Narcissistic Personality Disorder.

      “Research shows that most narcissists are born into dysfunctional families. Such families are characterised by massive denials, both internal (“you do not have a real problem, you are only pretending”) and external (“you must never tell the secrets of the family to anyone”). These families may encourage excellence, but only as a means to a narcissistic end. The parents are usually themselves needy, emotionally immature, and narcissistic and thus unable to recognise or respect the child’s emerging boundaries and emotional needs”.

      “Pathological narcissism wears many forms;

      • classic or malignant narcissism

      • appropriative (e.g histrionic)

      • schizoid, and

      • aggressive destructive”

      The foregoing forms are arbitrary categories, helpful to investigative analysis. As with all psychology the labels that are used describe mental conditions inferred from behaviour and language.

      The foregoing forms of pathological narcissism represent solutions, adopted by the subject, to the ongoing gap between fantasy/the false self, and reality/the true self. They are not, as categories, mutually exclusive but can overlap as circumstances dictate.



      Above: an online poster for one of Dr Vaknin’s recent presentations

      (1) The Classic Narcissistic Solution

      “This dissonance - the gap between grandiose fantasy and frustrating reality - gives rise to the unconscious “decision” to go on living in the world of fantasy, grandiosity and entitlement.”

      “Thus the true self is replaced by the false self.”

      “The Schizotypal Personality Disorder largely belongs here because of it’s emphasis on fantastical and magical thinking. The Borderline Personality Disorder is a case of a failed narcissistic solution. In BPD the patient is aware that the solution is failing. This becomes a source of separation anxiety (fear of abandonment). This generates identity disturbance, suicidal ideation and action, chronic feelings of emptiness, rage attacks and transient paranoid ideation”.

      The Schizotypal PD is a mixture of Schizoid and Narcissistic Solutions. Amanda, for me, is not schizoid but I think her use of drugs, and an ego in free fall, tipped her behaviour into the schizotypal, if that is not a contradiction in terms.

      Of more interest is Borderline Personality Disorder as I believe her behaviour in the lead up to Meredith’s murder is indicative of a case of failing narcissistic solution.

      I think that Amanda’s perceptions were that she had little in common with Filomena and Lauretta, that she was probably regarded as little more than “trash” by the boys downstairs, and that she was “dumped” by Meredith on Halloween night. She perceived that Meredith was clearly now preferring her english friends to her, and furthermore was very likely going to supplant her at Le Chic. There was no one to reinforce her (deteriorating) self image/false self other than Raffaelle and the manipulated Rudy.

      Bringing Raffaelle to the cottage on the morning of the 1st November was probably in part an attempt to establish some social dominance (or at least equality)  vis a vis Meredith but perhaps also in part an attempt at a sort of peace offering, both of which seem to have backfired. Meredith spent much if not all of the morning in bed and then was off again to see her friends. It is perfectly possible that whilst Meredith was no doubt polite she pretty much ignored the two of them. Again Amanda may have felt demeaned.

      I do not know what Raffaele actually told her about his mother’s death. There is some suspicion that it may have been suicide and he may have told her that. In any event she talks of “her suicide” and the thought of that may have affected Amanda though there seems to be nothing to suggest that Amanda herself has ever thought of suicide.

      I am also interested in Amanda’s “fascination” with Harry Potter. The boy who as a child survives a murderous attack on his parents by an evil wizard and is “marked” (like Cain) but who discovers his own magical powers with which to confront the evil wizard. The fascination even extends to picking a boyfriend who looked like the actor who plays the hero in the films and she even claims to have been reading a Harry Potter book on the evening of Meredith’s murder. These are elements of fantasy, grandiosity and entitlement to reinforce the False Self.

      “Narcissistic rage is not specifically a reaction to stress - it is a reaction to a personal slight, insult, criticism or disagreement. It is intense and disproportional to “the offence””.

      (2)  The Appropriation Solution

      “This is the appropriation of someone else’s self in order to fill the vacuum left by the absence of a functioning Ego.”

      ““Appropriators” misjudge the intimacy of their relationships and the degree of commitment involved, they are easily suggestible and their whole personality seems to shift and fluctuate with input from the outside.”

      Here I am thinking again of the brief intensity of her relationship with Raffaele.

      I am also thinking of Amanda’s ability to change her persona like a chameleon (from the little girl lost routine, to earnest and sympathetic co-operation, to help me if you please charm). This is a skill derived from somewhere.

      Meredith’s murder is the ultimate appropriation of another’s self.

      (3) The Aggressive Destructive Solution

      “These people suffer from hypochondriasis, depression, suicidal ideation, dysphoria, compulsions and obsessions and other expression of internalised or transformed aggression directed at a self which is perceived to be inadequate, guilty or disappointing. Many narcissistic elements are present in exaggerated form. Undulating self esteem is transferred into impulsiveness and failure to plan ahead.”

      A sexual humiliation of Meredith may have been pre-conceived as an act of revenge when she was at a low and feeling inadequate and this may have temporarily raised her self esteem as a consequence but quite obviously without any planning ahead as to the consequences.

      Impulsive behaviour is common to the above categories and the misuse of alcohol and drugs is common.

      Psychopathologies ( in adolescence and adulthood)

      “Psychopathologies are adaptive mechanisms”.

      “The (narcissistic) mechanism is three-phased:-

      (1) The person encounters an obstacle

      (2) The person regresses to the infantile narcissistic phase

      (3) Thus recuperated, the person confronts the obstacle again.”

      Vaknin terms this mechanism The Psychopathological Default; a perfectly natural mechanism and being the only option an individual - even a perfectly rational, balanced,  and mature individual - has when confronted with some personal trauma or major life crisis with which he can not cope. The Pathological Narcissist will have the Default pre-set at a lower threshold to address any attack on the False Self.

      “While in step (2), the person develops childish, immature behaviours. He feels that he is omnipotent and misjudges his powers and the might of the opposition. He underestimates challenges facing him and pretends to be “Mr Know All”. His sensitivity to the needs and emotions of others and his ability to empathise with them deteriorates sharply. He is pre-occupied with fantastic, magical thinking and daydreaming”

      Perhaps here we can consider Amanda’s behaviour at the police station. The forthcoming questioning and the actual questioning being seen as obstacles to be encountered. There are the cartwheels and splits, the behaviour with Raffaelle and the appallingly insensitive remarks about Meredith and her death in front of M’s friends. The overconfidence under questioning suddenly breaks down and all too rapidly becomes the dreamlike incident at the cottage with Lumumba attacking Meredith.

      “Whenever we experience a major life crisis (which hinders our personal growth and threatens it) - we suffer from a mild and transient form of Narcissistic Personality Disorder“…..(but)….“the contrast between the fantastic world (temporarily) occupied by the individual and the real world in which he keeps being frustrated, is too acute to countenance for long without a resulting deformity”.




      4. Some Tentative Conclusions

      The defining attribute of the psychopath is that he has no moral conscience and he is highly skilled at fooling people and carrying off the appearance of being perfectly normal.

      Amanda, by contrast it seems, only fools those who are easily fooled and furthermore, particularly because of what she says and does, merely draws attention and suspicion to herself.

      In nearly all her statements, verbal or written, Amanda has had two different narratives before her. One narrative is the true version (the obstacle) and the other is the false version (the way through or around).

      She has struggled to cope with the narratives when she is subjected to examination. The result has been the lying and the spider’s web of confusion and deceit, and the childlike, sympathy-seeking, performances to which we have become accustomed.

      This is the narcissistic psychological default. Since being suspected of and charged with Meredith’s murder Amanda has been stuck in the default position because this time the obstacle - the evidence -  has always been in her way and, until the court case has final closure, will continue to be in the public domain and in her way. In this context the default position became critical and primal with the accusation of Patrick Lumumba and has continued playing out, but with some modification since her release from prison, ever since.

      Since her release from prison her life has been organised for her in a manner that ensures that she receives the constant ameliorating narcissistic supply that is required to sustain her ego, in this case the False Self, and this has partially empowered and enabled her. It has come in the form of the publication of her “Memoir”, and interviews on TV. In the public domain she is a celebrity, even if that book and the TV appearances were not the success for which she and her managers would have wished.

      She has also had narcissistic supply from (as might be expected) her family and close friends, but also from those outsiders in the PR campaign devoted to “demonstrating” her innocence. Vaknin talks of “inverted narcissists” - those whose egos obtain sustenance from providing the “supply” the narcissist feeds on. Or, as we put it in this case as regards the outsiders, white knights charging to the rescue of a damsel in distress.

      Both the narcissist and the inverted narcissist have an unhealthy symbiotic relationship with each other.

      I think that psychologically it will, without help, be impossible for Amanda to tell us about her involvement in Meredith’s murder. Incarceration would be preferable to a public demolition of her False Self.

      I do believe that she is at least a pathological narcissist and as such has Narcissistic Personality Disorder. Her condition at the time of Meredith’s murder was probably exacerbated by alcohol, drugs and an ego which was in free fall. At the same time her False Self probably tipped sharply towards the Aggressive Destructive Solution.

      “Narcissistic rage is not specifically a reaction to stress - it is a reaction to a personal slight, insult, criticism or disagreement. It is intense and disproportional to “the offence””.

      On the night of Meredith’s death, as a result of some event, or something said, or as the culmination of a series of events, (in which she had colluded - or which, far more likely,  she had instigated), and probably as a result of all three happening,  Amanda may well have flown in to an uncontrollable rage at the cottage. That would fit with a Narcissistic Personality Disorder.

      Posted on 12/09/14 at 07:58 PM by James Raper. Click screenname for a list of all main posts, at top left.
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      Friday, December 05, 2014

      Boiling Frustration Leads Many To Kill: The Possible Parallels Of The Lord Lucan Case

      Posted by Odysseus




      1. Introduction

      End of one’s tether: thoughts on humiliation, crises and the wounded ego.

      Out-of-control anger and violence may be an offloading of the violence experienced in traumatic births and violent and abusive pregnancies. Whatever we may think of this, people’s anger has deep roots and a current conflict is usually a trigger for a reservoir of buried emotion to surface.

      It’s a perpetual battle for the ego to stay in control in the face of unconscious emotions that threaten its precarious existence. When the emotions are threateningly close to the surface it can seem that one’s very identity is at stake, and social humiliation close at hand.








      Above: Lord Lucan when he was young (and first diagnosed) and getting married

      2. Case Of Lord Lucan

      John Bingham, the 7th Earl of Lucan, is generally believed to have bludgeoned the family nanny to death in Belgravia, London, 1974, probably mistaking her for his wife in the dark.

      Those with deeply suppressed emotions are more-or-less unwittingly engaged in a life-long battle to keep the feelings from arising into consciousness. Thus for example they can be driven to activities that require intense mental concentration e.g.,  in Lucan’s case,  bobsleigh and powerboat racing, and high stakes gambling on games that require skill (as distinct from those of pure chance) which helps keep emotions suppressed, or to drug taking which can perform a similar function.

      Lucan’s life in the period leading up to the murder was beginning to unravel and he undoubtedly feared humiliation - a sure sign that the false self is under siege. His financial problems were coming to a head (his gambling losses were said to exceed $10 million) and when a friend suggested filing for bankruptcy he demurred, saying he didn’t want the humiliation.

      His wife had also just been awarded custody of the three children following their break up - also humiliating since it was now clear and made public that the court took the view his occupation (professional gambler) made him unsuitable to raise children.

      In fact his desire to have custody of the children seems less motivated by his love and concern for them than by the need to keep up the display of the sober, responsible adult when all the evidence and his lifestyle was pointing in the opposite direction -  towards social humiliation.








      Lord Lucan with wife and three children and lower floors of his townhouse now


      This kind of crisis is more than can be borne by the ego mind. Psychotherapy usually resolves such issues but unfortunately it’s the case that only those who have exhausted ways of denial seek such a route.

      Gambler “Lucky Lucan” still thought he had a good hand to play. Murdering his wife would at a stroke (or blow) enable him to sell the family home thus resolving his financial problems and also enabling him to gain custody of the children, restoring his status as a responsible parent.

      The parameters of a false self in Lucan’s case were already evident when he was diagnosed as having an attachment disorder on his return to England after wartime evacuation to the U.S in 1939, at four years of age,  though its origins may well lie in a primal, birth or pre-natal experience. From his surviving wife’s website:

      “Upon his return from the USA in 1945, the future 7th Earl suffered from emotional problems which caused his parents to seek professional help from a leading psychiatrist of the day — a Dr. Winnicott.

      As a result of the consultations the eleven year old boy was given a dog called Deirdre [can we infer from this that his mother chose/named the dog?] in the hope that it might help him overcome these problems. The 7th Earl of Lucan’s emotional problems were never fully resolved and he continued to suffer frequent headaches, nightmares and insomnia throughout our life together…”

      After the bludgeoning Lord Lucan disappeared, leaving a borrowed Ford Corsair with bloodstains and what appeared a duplicate weapon (a length of pipe with the same kind of tape around one end to hold it firm) at a port on England’s south coast, and has never for sure been seen again.








      The murdered nanny Sandra Rivett and a car similar to that found on the south coast


      Ripple effects in this case have gone on and on. Havoc was wrought on so many lives.

      The wife and three small children struggled terribly with poverty and the psychological impact. They have all fallen apart and apparently don’t talk, all with theories of their own.

      The nanny Sandra Rivett (image above) appears to have been the mother to two babies she gave away who grew up to be quite startled to find who they were.

      Books and artilces continue to be written and a TV movie was made. And a reporter who pursued the notion that Lord Lucan’s rich and powerful gambling friends helped in his escape was hounded in court. 

      3. Case Of Amanda Knox

      It seems likely that humiliation was a major factor in the events leading up to the murder of Meredith. TJMK has carried various posts summarising why so many suspect this.

      It would have been undoubtedly humiliating for Knox to find that her housemate Meredith was more popular with, and attractive to, both men and women in their social circle, as well as being more mature, intelligent and just more present than her (i.e. less driven to desperately act out unconscious emotions).

      Then to cap it all off, on Halloween Knox found herself left out of the group that partied till the early hours. Plus of course there was the looming humiliation of Meredith taking over her job at the Le Chic. Was her money also running out? If so the loss of a job, however small, would be threatening, and she might well have anticipated the humiliation of asking her parents for a loan or of returning home before the end of her course.

      So it seems that the stage was set for the night of the “prank” when the plan (if that’s the right word. Jokey impulse, more likely) was for Meredith to find out just what it’s like to feel humiliated. And the prank got out of control, as pranks often can when drugs and/or alcohol are involved.

      Again the origin of Knox’s suppressed emotion and false self construction might lie in her parent’s explosive separation or earlier in primal events. In either case she was probably destined to become a suitable (but unfortunately not an actual) case for treatment.

      Knox’s narcissism has of course been much discussed. At bottom narcissism is an inability to just be, in the present. An inability to stay with one’s core self (Jung’s “The Self”). The narcissist’s attention is constantly directed to how they look to the world, from the outside, not on how the world appears to them from the inside looking out. They are really not fully born, literally and metaphorically.




      Above Italian master Caravaggio’s version of Narcissus staring at his image in a pond


      Knox was apparently given to loudly strumming a single chord on a guitar when she was in a group and insufficient attention was directed her way i.e. when suppressed negative emotions surrounding being wanted and needed were threatening to come into awareness.

      With the group of friends gathered at the police station in Perugia it seems on the one hand she wanted to impress the others with her inside knowledge of the victim’s wounds but on the other hand she had to keep a lid on it in case it became obvious she knew too much.

      This dilemma (a perennial one probably for those criminals who are unconsciously driven to seek attention) no doubt led to the weird acrobatics and gymnastics (the police had to tell her it wasn’t appropriate) as a way of acting out and relieving the tension.

      Her relatives of course are quick to dismiss all this as “Amanda being Amanda” (i.e. “quirky”), to which the proper reply could be “so she always acts like this whenever she’s in a dilemma and trying to cover something up,  does she?”


      Below Knox thrilled with herself at her 2009 trial in the notorious “all you need is love” teeshirt

      Posted on 12/05/14 at 11:08 PM by Odysseus. Click screenname for a list of all main posts, at top left.
      Archived in Crime hypothesesThe psychologyPondering motiveOther legal processesOthers elsewhere
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      Friday, November 28, 2014

      The PMF/TJMK Master Evidence List: First Of Our Projects To Make The Final Picture Whole

      Posted by The TJMK Main Posters



      High-achiever Meredith Kercher was born less than one mile south of this famous London landmark


      There are really three pictures, not just the one, still to be fully made whole.

      • That of Meredith. We believe a family site will soon add to the fine book published by Meredith’s dad.

      • That of all of the evidence the court acquired in 2009, which is the sole picture the Italian citizenry takes seriously.

      • That of the misleading campaign by the Knox and Sollecito PR shills, leaving some in the UK and US misled.

      The Master Evidence List is a key part of the second picture and there are several other media-friendly pages still to come.

      The new page is here and it can also be permanently accessed via the new button in our column to the left.

      Many posters on the two PMF websites and on TJMK helped to create the master list, which is divided into 25 areas with links in the column to the right.

      To aid in emailing and tweeting the new page, it not only has its own address, also each of the 25 evidence areas also has its own separate address.

      Much appreciation to those who built this list.


      Monday, November 24, 2014

      Italian Media Spotlighting The Perversion Of Killer Groupies Of Alleged Murderer Of 38 Patients

      Posted by Peter Quennell


      1. Alleged Nurse-Killer Attracting Deviant Males

      Convicted killers and alleged killers facing trial often attract deviant support with sexual undertones.

      Why the case of Nurse Daniela Poggiali, arrested a month ago in north Italy, is capturing so much attention is not only the seeming extent of her crimes - some 38 patients in her care died mysteriously - or her bizarre selfies exulting over one dead patent.

      It is also the astonishing volume and and rabid lust of the fanmail now arriving at the place where she is awaiting trial, and the increasing numbers of Italian killer groupies emerging online and jostling to head her parade, Italian Knox groupies such as Luca Cheli maybe among them.

      Here is a UK report and a translated Italian-media report will follow.

      Italian nurse who took photos of herself with patients she had murdered is flooded with fan mail in prison – including marriage proposals

      An Italian nurse who took photos of herself with dead patients she had murdered is being flooded with fan letters from male admirers, including some containing marriage proposals.

      Daniela Poggiali, 42, from the town of Lugo, in the Emilia-Romagna Region of central Italy, was arrested after police investigating the mysterious death of a 78-year-old patient stumbled upon 38 other unexplained deaths on her shifts.

      Rosa Calderoni, 78, was admitted with a routine illness but died after being injected with high levels of potassium - the compound used in lethal injection executions in the U.S.

      Nurse Daniela Poggiali from Lugo, in central Italy, has been sent fan mail and wedding proposals while she awaits trial in relation to 38 unexplained deaths on her shifts

      Further investigations revealed that over a three month period, 38 out of 86 patients under Poggiali’s care at the Umberto I hospital in Lugo had all died mysteriously.

      Now awaiting trial at a prison in Forli, a city in central Italy, Poggiali is being inundated with fan mail from admirers calling her ‘good looking’.  A prison spokesman said: ‘Over the last few weeks since she was placed here there has been a steady stream of letters from males.

      ‘Most of them say how pretty and good looking they think she is, and one or two have even contained proposals of marriage.’ Prison officials said Poggiali has received a steady stream of letters from men calling her ‘good looking’

      According to investigators the nurse had found the dead patients ‘annoying’ or that they had ‘pushy relatives’. During their investigations they discovered pictures of Poggiali grinning alongside the dead bodies.

      The lead magistrate investigating the case, Alessandro Mancini said: ‘We believe she is sound of mind, but simply took satisfaction, and real pleasure in killing.

      ‘The photos reveal an unbearable cruelty that I have not seen in 30 years on the job.’

      A spokesman from the hospital where she worked said: ‘She always came across as being a very cold person. ‘But she also used her charms to flirt with male doctors if she thought she could get favours from them.’

      Poggiali has denied killing any patients and says she is being framed by jealous colleagues.


      2. Killer-Groupies Get More Media & Research Attention

      The growing fear in justice circles is that killer groupies are helping to elevate murder rates.

      They are certainly elevating anger levels, and making potential killers feel competitive and jealous of the media coverage of others. They are damaging professional careers and sparking death threats, making law-abiding people more distrustful, making police-work and convictions more difficult, and distracting hard-pressed politicians and populations from looming world-wide problems.

      All of which comes at a high cost and puts all of us in a great deal more danger. So the spotlight upon killer groupies is intensifying. Here is one media report.

      A look inside the bizarre world of serial killer groupies

      If you type the phrase “serial killer addresses” into an Internet search engine, you’ll get some disturbing results.

      A number of websites list the prison addresses of convicted killers, and police investigators told FOX 12 there are plenty of people — serial killer groupies — writing to convicted serial killers.

      Portland police homicide detective Jim Lawrence said he once investigated a Portland man who corresponded with two convicted serial murderers.

      Lawrence showed FOX 12 some of the correspondence, including a letter he said the Portland man wrote to serial killer Douglas Daniel Clark.

      Clark and a partner were known as “Sunset Strip Killers.”

      The pair were convicted for a series of killings in Los Angeles. The letter to Clark included an illustration of a hand with the phrase,  ”Who knows what these hands will do, what they’ll do 20 years from now.” 

      “He really seemed to put a kind of hero worship behind this serial killer, and it was a kind of morbid fascination,” Lawrence said.

      Lawrence also showed FOX 12 violent artwork the man received from serial killer Ottis Toole, convicted of killing six people in Florida in the 1980s. Police believe Toole also killed 6-year-old Adam Walsh in 1981. The sketch depicts a decapitated head.

      Criminal psychologist Dr. Frank Colistro said serial killers often radiate a perverse charisma that groupies find attractive.

      “A lot of them get caught up in the drama that’s associated with these people forever,” Colistro explained.

      And the list is long for love behind bars, for killers who’ve been married in prison.

      I-5 killer Randy Woodfield, who was convicted for murder and attempted murder and suspected in dozens of other crimes in the early 1980s, has been hitched twice at the Oregon State Penitentiary.

      Charles Manson, Ted Bundy and Scott Peterson all have had loyal female followers.

      “The Night Stalker” Richard Ramirez, convicted of 13 brutal murders in California in the 1980s, had groupies who called themselves, ‘the women in black,’ who attended his trial.

      “You do get a lot of inadequate, insecure women,” Colistro said. “In a sense, they’re the perfect boyfriend, the perfect husband. In a sense, you can do a relationship light, so to speak.”

      Then there are groupies who want to befriend the notorious. Lawrence said some write to convicted killers for profit, to potentially sell the letters online. He said others have a bizarre admiration for the killers.

      Lawrence said he interviewed the Portland man who wrote the detailed, expletive-filled letters after out-of-state police discovered the man’s relationship with killer Ottis Toole.

      “So they contacted us and I had a little chat with him,” he said.

      He said it turned out the man was trying to get letters and artwork from Toole to sell online.

      Colistro, however, said there are some people hoping to become copycats.

      “They’ll study the M-O of the offender and they’ll start to duplicate it,” he said.

      Posted on 11/24/14 at 07:21 AM by Peter Quennell. Click screenname for a list of all main posts, at top left.
      Archived in Crime hypothesesThe psychologyThe wider contextsItalian contextKnox-Mellas teamSollecito team
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