Sunday, July 05, 2015
Our Conclusions In “Deceit” & “Dark Matter” And How Our Journey Took Us To Them
Posted by Nick van der Leek
One of the tremendously rewarding experiences we [my co-author Lisa Wilson and I] have as authors is our research forces us to set up camp around questions. We spend time: mornings, afternoons, days, weeks, even months asking questions and pursuing answers. The amazing thing when it comes to True Crime, especially popular crime, is those answers are out there. One merely needs to go out and make the effort to look for them. And keeping looking. Seek and we do find!
What makes our narratives distinctive, I think, is that Lisa Wilson and I more often than not work as a team. How many other narratives have two authors, working from opposite sides of the Atlantic? While Lisa provides a US perspective as a juror and a True Crime buff, I am more interested in the intuitive subtleties that underlie these cases. The psychology, the economics, the motives. Human behaviour is fascinating, especially when it drives people to the extreme. I’m also intrigued by what these intuitions reveals about us, and society.
I wasn’t always into True Crime, in fact like Ann Rule I sort of fell into it by accident. While Rule worked with Ted Bundy, I was facebook friends with the model Oscar Pistorius shot dead in his bathroom. I didn’t intend to write a novel, I simply started asking questions, and then penned a 12 000 word magazine article [intended as a 4 part series]. That narrative eventually became my first bestseller.
Although I studied law and economics, I left the corporate environment to freelance fulltime as a photographer and writer. My great grandfather was a famous South African artist, and my brother and aunt are also both well regarded artists [and yes, freelancers] in their own rights too. I guess there is something restless in my blood that makes we want to dig beneath the surface, to see expanded perspectives than what the media serves us.
I need to not only explore the world beyond my door, but represent it to myself and others in a constructive and meaningful way. I feel passionate about meaning above all, and it’s gratifying to find so much in so grim a setting where someone has lost their life. When we honour them, when we remember them honestly, something unexpected happens: we also set ourselves straight, we also get ourselves [and society to some extent] back on track.
In terms of the Amanda Knox case, I stepped into the bullring for the first time in April this year. I knew virtually nothing about the case other than it had been newsworthy around the world. I knew ‘something’ had happened in Italy, and that Amanda Knox was somehow involved [or not] because she was a housemate of a murdered British girl [also a student]. Before I started studying the case I had no bias either way – I didn’t know whether she was guilty or not. Based on the little media that came my way, there seemed to me to be equal parts bias that she was innocent and…suspicion.
As soon as I started examining the case, literally within a few minutes, my interest was aroused. It was along the lines of: she’s hiding something. It was also along the lines that I thought Amanda might be involved in some way, complicit in some way, but probably not involved in the actual murder. How could she? Why would she?
Again, it is easy to ask these questions and then walk away from them without investing time in their answers. And when they do come they’re…well…stupefying.
While Lisa travelled to Italy to investigate this case first-hand, I started working behind-the-scenes on a narrative Lisa and I designed a framework for called DOUBT. The plan was that Lisa would return and then we would work on the narrative together. I got so caught up in my own research I started on the narrative and by the time Lisa returned from Italy DOUBT was done. Interestingly, Lisa still wasn’t convinced of Amanda’s guilt when she got back, and we had one or two heated Skype calls while Lisa was still in Italy, where Lisa’s position was set to the default setting of most outsiders to the Amanda Knox case: “but there was no DNA.”
A lie repeated often enough eventually becomes if not the truth, then a kind of truism, doesn’t it? A truism isn’t the truth, it’s a platitude. It’s something you say to get rid of enquiring minds.
No DNA? Well, of course there is – at least five instances of it, mixed with Meredith’s blood. What’s perhaps more bizarre, for example, is the lack of Amanda’s fingerprints in her own home. A single print? How many of us could say the same about fingerprints in our own homes? Our computers, door handles, kitchen areas ought to be splattered with prints. Coming back to DNA, not only is Amanda’s DNA present, but so is Raffaele’s in Meredith’s bloody bedroom.
What is the chance that Raffaele was at the villa, in Meredith’s room, but not Amanda? What was he doing there if Amanda wasn’t with him? And is it any surprise that Meredith’s bra, cut with a knife after the murder also had Raffaele’s DNA on the bra clasp? This is a guy who had a knife fetish, and who was carrying a knife at the time of his arrest?
In DOUBT [which was banned at first by strident Pro Knoxers and then resurrected as DECEIT] I identified 28 Red Flags. These were singular signals that seem to show patterns of inconsistency. Things just didn’t add up. Indeed Amanda did seem to be [and still is?] hiding something. In DARK MATTER Lisa and I joined forces. We brought a binocular lazer-like narrative focus to the four days of intense police investigation following the discovery of Kercher’s body at midday November 2nd, 2007.
In DARK MATTER we identified an additional 100 plus Red Flags [we distinguished these from the first 28 by calling them ‘Black Asterisks’]. In addition to these we listed several other Highly Suspicious Events amongst other increasingly odd behaviours – not only from Amanda, but Raffaele as well. It is when we pool all of these clues together that a picture begins to emerge. Patterns emerge. And suddenly the mystery becomes…less mysterious.
If my initial ‘gut feel’ was that Amanda was simply ‘hiding something’, by the end of DECEIT there was little doubt that there was a lot more going on than that. In fact, I’ve suggested to Lisa that based on forensic evidence alone [if one threw away all the circumstantial evidence], Amanda would still a have a major case to answer to. Conversely, if one took the entirety of circumstantial evidence, including the on-again-off-again alibi, and simultaneously threw out [ie ignored] the totality of forensic evidence, Amanda would still have a major case to answer to. That’s my opinion. Lisa’s too, now that she’s gone beneath the surface of this case herself.
The irony is this case is so large, so convoluted, so filled with spin and counterspin, that it is easy to get lost in the details. As we see so often in court cases, it is not a lack of evidence that is a problem, it is the volume of it that gets disconcerting, and frequently confusing. Confusion and doubt [and ‘reasonable doubt’] go hand in hand. Of course being confused by a lot of information is not the same as uncertainty based on a lack of evidence, or based on ambiguous evidence. The evidence isn’t ambiguous.
As such it is Lisa’s and my mission to demystify the eight years culminating in Amanda’s and Raffaele’s ultimate acquittal. Our narratives, especially the first two or three in the series are probably better suited to newbies [people like us]. In THE IVORIAN, and the many narratives to come after that, Lisa and I expect to be as well versed as some folks on forums and resources like the incredibly valuable True Justice.org.
Before wrapping up, I’d like to share a final insight based on our experience writing another true crime series. It may seem like Amanda Knox, Jodi Arias and Oscar Pistorius are three distinct individuals, with nothing in common. But when we look closer we don’t simply see matches in certain defense schemes, we see entire patterns of conduct [including motive] overlapping, and doing so perfectly.
In South Africa we have a similar situation where the media profit out of stories on Oscar Pistorius. They are reluctant to declare him guilty as that would be slaying a potential ‘cash cow’, and with book deals hanging in the balance [an acquittal is literally worth millions], the media are hedging their bets.
As a person involved in the media I am appalled at this, hence our eight narratives on Oscar, two detailing his motive and the method of what we speculate was premeditated murder. In terms of Amanda Knox, we suspect a similar game play between the media and Knox. Both seem to be involved in a kind of PR waltz which both stand to benefit from, if they can dance consistently to their own music.
It was once said of Lance Armstrong that one shouldn’t make Lance Armstrong angry. Anger is what motivates Lance to win. And then the punch line: ‘Beating Lance makes him angry.’ Lisa and I have been astonished at the level of organisation and aggressive militancy [and dirty tricks] employed by Amanda’s supporters. If this was intended to dissuade us from writing, these folks couldn’t be more wrong.
We are not out to make money, Lisa and I, although we care that our narratives resonate and are successful. What we really care about is justice. The bottom line, whether one is a criminal, or the supporter of a criminal is you never look good trying to make someone else look bad. The venom and personal insults Lisa and I have endured in our reviews is impressive. The strategy is clear – attack the credibility of the messenger [since the message itself is problematic].
Our credibility is simple to establish. For my part, I am a professional writer. I did not gain a twitter following of almost 14 000 based on bad writing. I write in partnership with Lisa because her research is often deeper and even more thorough than mine. For me our credibility is based on just two tests: our personal standards and our level of honesty towards ourselves and others. What distinguishes our narratives from all the others out there is the level of honesty – including self disclosure – both of us bring to our work.
This is because we care about something beyond justice. Besides wanting our readers to have a meaningful and genuine experience reading about these tragic crimes, we – as authors – also want to be enriched. When we make it a personal journey, the insights and intuitions are truly rewarding. We find how these folks – not only the victim but also the perpetrators – are not so very different from us. In this sense, if when we genuinely learn something from these true stories, Meredith Kercher’s death need not be in vain.
Follow Nick van der Leek on twitter @HiRezLife and Lisa Wilson at @lisawJ13
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Friday, July 03, 2015
Rome Shocked - Seems Drafting Of Fifth Chambers Report With Poss Illegalities Not Even At First Base
Posted by Peter Quennell
In summary, Judge Marasca in his 27 March court ruling and 29 March Corriere interview illegally threw out the March 2013 First Chambers rulings. Plus he illegally accepted the appeal arguments on the evidence which he should not have.
He cannot do that in the sentencing report itself without reprisals being guaranteed.
Our first alert today was this tweet by the most reliable Italy-based reporter on the case.
Andrea Vogt @andreavogt: Italian legal code (Art. 617) requires Cassation court to issue reasoning after 30 days. #AmandaKnox case due April 27. Why the delay?
On checking, word appears to be spreading in Rome that the Fifth Chambers may not even have got to first base.
On April 27 a draft of the report should have been filed with the Cassation Registry. But it apparently isnt even there yet.
Here are the relevant rules for the Supreme Court.
1. The Original
Art. 628 CPP
1. Conclusa la deliberazione, il presidente o il consigliere da lui designato redige la motivazione. Si osservano le disposizioni concernenti la sentenza nel giudizio di primo grado, in quanto applicabili.
2. La sentenza, sottoscritta dal presidente e dall’estensore, è depositata in cancelleria non oltre il trentesimo giorno dalla deliberazione.
3. Qualora il presidente lo disponga, la corte si riunisce in camera di consiglio per la lettura e l’approvazione del testo della motivazione. Sulle proposte di rettifica, integrazione o cancellazione la corte delibera senza formalità.
2. The Translation
1. Subsequent to the deliberation, the president or the director appointed by him draws up the motivation report. They observe the provisions concerning the judgment in the first instance, as applicable.
2. The judgment, signed by the President and by the writer, is lodged at the Registry no later than the thirtieth day after the deliberation.
3. If the president has done this, the court will meet in closed session for the reading and approval of the text of the motivation. On the proposed rectification, integration or cancellation the court shall act without formalities.
What To Expect?
The only legal and face-saving way out? Admit error, and if there are real grounds, refer the appeal back down to the Florence court.
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Tuesday, June 30, 2015
Big Shot Across Bows Of Fifth Chambers: Charge Claims Several Illegalities By Marasca & Bruno
Posted by The TJMK Main Posters
1. The Unexplained Delay Of The Sentencing Report
Judge Marasca and President Mattarella, a former judge, have similar reputations: they have both fought mightily to prevent bent outcomes.
It has been put about in Italian legal circles that Judge Marasca is not exactly in love with his panel’s verdict. We reported talk in Rome that he held out for several hours on 25 March against a majority faction led by Judge Bruno.
Perhaps he remains a captive of the majority in what might be a tainted court - if it is, it would not be the first tainted court in this case. The Hellmann court is considered as such, as quotes below indicate.
Almost with no exceptions, Cassation routinely reports its appeal verdicts both fast and briefly. Often the reports are presented within several weeks. and most of them come in at under 50 pages.
In Meredith’s case all of the previous Cassation reports came in well before their deadlines. The one that took the longest was the 74-page report of the First Chambers in 2013, annulling most of the Hellmann verdict.
That took 85 days. We are already 10 days beyond that. It will not be very long before the delay in the report really raises red flags.
2. Judge Marasca’s Post-Verdict Interview
Judge Marasca is well known for not giving interviews and for letting his court statements speak for themselves.
Seemingly aware that his court statement on 27 March was already being questioned, and by some ridiculed, he did give this interview to the reporter Fiorenza Sarzanini for Corriere. Key quotes from it.
A further process could not ascertain the truth about the murder of Meredith Kercher. The “proof used was so contradictory “it is impossible to overcome the doubts and inconsistencies…
The judges of the fifth section of the Court of Cassation were all agreed on canceling the sentence to 28 years and six months for Amanda Knox and Raffaele 25 years “without referral” [back down to the Florence court].
The panel chaired by Dr Marasca also considered “non-binding” the earlier ruling of the Supreme Court that in March two years ago ordered a new appeal trial [in Florence and annulled the Hellmann verdict]
3. The Complaint In The Florence Chief Prosecutor’s Hands
On 28 May the criminal complaint was filed by the Perugia prosecutor Dr Mignini and two lead investigators against one of Sollecito’s lawyers, Luca Maori, together with a reporter and an editor of the Perugia weekly Settegiorni Umbria.
The interview and editorial comments sliming the prosecution and the investigators were published back in January, two months before the Fifth Chambers ruled. They might be seen as one of many attempts to poison public opinion and to lean on the courts - in this case, the Fifth Chambers, which had the appeal.
The narrative describes some nasty lies of commission and omission by Maori and the magazine staff. We wont repeat them here. Impactful on a much wider plane is how the complaint characterizes the investigation and the prosecution of the case, and the various attempts to bend courts and so bend outcomes of the case.
It is highly significant that this complaint was filed by a Florence lawyer and with the Florence court. The chief prosecutor for Florence and its region Tuscany has been quoted as scathing of the Fifth Chambers verdict, presumably seeing it as a slap in the face to his own team which contended the Knox-Sollecito appeal, and perhaps an attempt to take the powerful Florence court down a peg.
The Florence court had made a large number of documents available to the Fifth Chambers. As this narrative is highly relevant, the law would have required the Florence Chief prosecutor to forward it. We can presume then that all the Fifth Chambers judges have the document available and, as it sets up a polarity, quite possibly the First Chambers judges as well.
4. The Significance Of The Complaint’s Various Phrasings
If we notionally divide the document into five parts, part (1) explains the people named in the rest of the document and their respective roles, parts (2) and (3) describe the main elements of the very complex legal process and mistakes that were made by the Hellmann court and the Fifth Chambers; and parts (4) and (5) go into detail about the case against Maori and his interviewer and editor.
The excerpts below are from parts (2) and (3). Anyone involved in the legal process would see rather rapidly that parts (2) and (3) could constitute a blueprint for legal action against the Fifth Chambers (such legal action is now allowed) and could also constitute a petition to President Sergio Mattarella, the head of the Italian justice system, who has the power to overrule a Cassation outcome.
 it appears necessary to highlight the circumstances, in fact and in law, left in the shadows by the interview and which render even more serious, frankly incomprehensible and above all without any justification on the basis of the complex course of proceedings, the defamatory statements contained in the article and the very grave and intolerable accusations launched with so much superficiality against the investigators and the 34 magistrates who had upheld the prosecution’s case against the 11 who had doubted it.
Noted above are the many lies of omission (some are listed below; we have a long list pending) that tend to be typical when the defenses and those who were in the dock and their supporters describe the case. Also noted are the 34 magistrates who handled elements of the case and did not abort the process. See the examples here and here.
 The two accused Knox and Sollecito had been arrested on the morning of 6 November 2007, under an arrest warrant issued by Dr Mignini, as the Public Prosecutor in charge, a decree promptly validated by the GIP Dr Claudia Matteini who had issued a precautionary custody order for imprisonment. The appeals of the suspects against this latter, as issued by the GIP on the request of the same Dr Mignini, had then been timely rejected by the Re-examination Court for Perugia and by the First Chamber of the Court of Cassation.
Noted above is one area subjected to numerous lies of omission. In fact many magistrates were guiding the process and the prosecution had no opportunity for independent initiative prior to trial. Dr Mignini did not have to do that interview with Knox, he did it at Knox’s own request, to give her another fair shot at clearing herself - which she failed miserably.
 As a consequence, the two remained in a state of preventative imprisonment until the decision of the Court of Assizes Appeal Court presided over by Dr Pratillo Hellmann, that is for almost four years and there had never been, by their defence, any application of revocation or substitution of the orders against the accused, Knox and Sollecito…
A legal omission by the defenses which might be considered an incompetent blunder, which contrasts strongly with Maori’s claim that the two were in effect being railroaded. The lawyers did not go the extra mile.
 the Court of Assizes at first instance, presided over by Dr Giancarlo Massei, with Dr Beatrice Cristiani as Recorder, at the end of a very long and thorough trial phase, had sentenced Mr Sollecito and Ms Knox for murder and the connected offences and Ms Knox, in addition, for calunnia against Patrick Diya Lumumba.
The trial was indeed long and thorough. Some of the most compelling evidence was behind closed doors - another area for lies of omission. Knox did herself great harm on the stand, sounding flippant and callous and not at all consistent or convincing, which ultimately cost her three years for calunnia. During the defense phase the lawyers had little to present and sessions were shortened or cancelled. There was much railing against Rudy Guede, who was not in court to answer back to it.
 At appeal level, the Court of Assizes Appeal Court - inexplicably composed of the President of the Social Security [Welfare] Chamber [Hellmann] and of an advisor specialised in the Civil Chamber [Zanetti]—despite it being that the President of the Criminal Chamber, Dr Sergio Matteini Chiari, was presiding over a bench; in any case there not being present a magistrate from the competent criminal chamber —had acquitted the two but had upheld the conviction of Ms Knox for calunnia, setting the penalty as a good three years of imprisonment.
This is still being investigated - did the defenses request of Chief Judge De Nunzio that the president of the criminal chamber Judge Chiari be replaced by the wrongly qualified Judge Hellmann? Judge Chiari (who resigned over this) has himself claimed so. And why was the wrongly qualified Judge Zanetti there?
 In the course of the proceedings there had been two experts nominated [by the Court] who, amongst other things, had submitted their report ignoring the documents attesting to the negative result of controls on the presumed contamination of the knife and of the bra-clasp, documents adduced instead by the Public Prosecutor. This should have entailed the sweeping away of [=the complete rejection of] the same expert report but the Court, presided by Pratillo Hellmann, with Advisor-Recorder Dr Massimo Zanetti, had ignored the grave error committed by the experts, an error which had been severely censured by the [Chieffi] Court of Cassation, First Criminal Chamber, in the decision handed down on 26 March 2013…
Investigation of Conti and Vecchiotti is also proceeding. They seem to have been bent and to have lied to the court - either that or remarkably incompetent. There is another quote strongly suggesting they were bent below.
 [Judge Chieffi] accepted almost all the grounds of appeals put forward by the Prosecutor-General and had annulled completely and definitively the acquittal decision, with remission (evidently upholding the grounds of appeal) to the Court of Assizes Court of Appeal of Florence which, in its turn, had fully confirmed the convictions of the Court of Assizes of Perugia.
There are many lies of omission about the annulment - one can find numerous quotes from the Hellmann court embedded in comments, articles and books - the Knox book goes on about how wonderful that appeal was without saying that none of it is of legal relevance now.
 the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same,—the latter constraint, as constituted by the jurisdiction of sole legitimacy, being understood—, for defect pursuant to Article 606 Criminal Procedure Code and limited to the grounds proposed by the appellants (Article 609 Criminal Procedure Code).
Here is a translation of Article 628 of the Penal Code:
Impugnability of a ruling issued by a judge after remand
1. A verdict that had been issued by a court following a Cassation order of remand, may be impugned through a recourse at Supreme Court of Cassation if the ruling was issued on an appeal instance, and through the mean provided by law if was issued on a first instance level.
2. In any case a verdict issued by a court following a Cassation order of remand may be appealed only on the reasons that do not concern those that had already been decided by Cassation on the order of remand, or for not abiding to disposition of art. 627 paragraph 2.
The second paragraph of Article 628 clearly indicates the Fifth Chambers of Cassazione should absolutely not have accepted requests of appeal from AK and RS against the Florence verdict on those points that had been already decided by the First Chambers (the Chieffi court). Those points decided by the Chieffi court, as per Article 628, cannot be appealed. Questions about them should be inadmissible.
 the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same…
the Court of Cassation cannot, therefore, ever adopt decisions on the merits and issue orders of acquittal under Article 530, second paragraph, Criminal Procedure Code.
...two chambers of the same Court of Cassation, the First (the one competent for proceedings in homicide matters, whose decision of annulment is definitive and who had identified and decided questions of law in a definitive and un-retractable manner) and the Fifth (who would have had to decide the appeals presented only on grounds of legitimacy of the defendants’, constrained by what had already been definitively decided by the First) have handed down two absolutely divergent decisions and the second had annulled the Florentine decision, positively excluding any remitting to another court and acquitting the defendants pursuant to Article 530, second paragraph, Criminal Procedure Code.
The Fifth Chambers seems to have clearly broken the law governing its allowed scope. It had no business getting into the evidence. If there was a perceived problem that should have been referred back down to Florence.
 from these starting points in fact and in law which are absolutely undeniable, it emerges that the course of proceedings in this case have been absolutely linear and respectful of the substance of the procedural rules up to and including the Florentine decision.
Well proven by the narrative. As we have frequently noted Knox was given six opportunities to liberate herself even before the 2009 trial began (try finding an equivalent of that in any other system) and failed all of them.
 the Court of Cassation, on the appeal of the Prosecutor-General of [the Perugia] district Court, had in a radical and definitive manner annulled the acquitting pronouncement and had remitted it to the Florentine district court because the same would adopt the consequent decisions of merit in the line of reasoning of the principles of law laid down by the First Chamber of the Supreme Court and of the points decided by it.
What the First Chambers said must stand. Surely all of the judges of the panel knew this very basic principle of Cassation. Be assured the First Chambers judges will be rubbing it in that this more junior panel has no right to reverse them.
 These principles of law are by now unmodifiable and unarguable: the [Fifth Chambers] , called on to decide the matter, as a “second opinion”, concerning the appeal of the defendants from the [Florence] judgment below, would have had to hand down a judgment fully within the “railway tracks” of the law, as fixed by the First Chamber, like the Florentine district court did, principles from among which we may cite:
Once again the emphasis is on how the First Chambers knew both the law and the case thoroughly, and the Fifth Chambers was seemingly adrift at sea.
 [Umodifiable principle] the principle, in fact the unfailing legal prerequisite of a Supreme Court decision, namely the fact that the Court is precluded from “trespassing into a re-evaluation of the compendium of evidence” (see the judgment of the First Chamber at page 40);
 [Unmodifiable principle] the principle of law of the total and holistic evaluation of the probative material, as opposed to the “parcelled-up and atomistic evaluation of the pieces of circumstantial evidence, taking them into consideration one at a time and discarded in terms of their demonstrative potentiality”, which characterised instead, in the negative, the decision of the Court presided by Pratillo Hellmann (see the decision of the same First Chamber at pp. 40 and 41… ). The ancient brocard “Quae singula non probant, simul unita probant” [‘Those which alone do not prove, together do prove’], quoted on p 41 of the First Chamber’s judgment, consecrates in a definitive and unmodifiable manner this requirement of a global and holistic approach in which each individual piece of the jigsaw puzzle of reconstruction of the facts is considered together with all the others in their demonstrative synergy;
 [Unmodifiable principle] the principle by which the [Hellmann] court had run afoul of grave shortcomings and contradictory lines of reasoning and in glaring misrepresentations of the outcome, even in the attempted decoupling of the calunnia, by now definitively attributed to Ms Knox, with the result of masking from view the responsibility of the same in the homicide;
 [Unmodifiable principle] the principle according to which the testimony of the homeless person Mr Curatolo ought to have been evaluated on the basis of corroboration between his statements and the objective and unarguable circumstances emerging from the trial (such as the fact that the witness had with absolute decisiveness anchored the fact of having seen the two accused in the precincts of the basketball courts of Piazza Grimana, nowadays Piazza Fortebraccio, the evening before the arrival, the following day, at the Via della Pergola house of the men from Forensics in their white coveralls), rather than on the basis of Mr Curatolo’s social conditions and lifestyle (see the cited judgment of the First Chamber at page 50);
 [Unmodifiable principle] the principle according to which the definitive conviction of accomplice Rudy Hermann Guede ought to have been taken into account (no. 7195/11, published on 16.12.2010, it also from the First Criminal Chamber of Cassation), Guede having been held to have been extraneous to the simulation of burglary of a house. [A] habitation that, on the night of the murder, was solely at the availability of the victim and of Amanda Knox and from the statements made by the same Rudy before the Perugian district court, according to which Meredith was killed by the two co-accused (see the judgment at pages 55 and 56).
 [Unmodifiable principle] The principle by which contamination of the evidence is to be proved by the party invoking it and which, on the facts of the case, no evidence in support had been offered and which the [Hellmann} Court had seriously confused the abstract possibility of the fact with the averment of the fact (see the judgment at page 69).Umodifiable principle] The principle according to which it was a matter of a homicide committed by multiple persons, in concourse amongst themselves (see page 73 of the cited judgment).
Some brilliant legal arguing. This seems to really make it impossible for the Fifth Chambers to override these firm ruling of the First Chambers .
 [Only by ignoring all of the above, in reading the misleading Maori interview, one could be] induced into thinking that errors upon errors had been committed by the officers and agents of the police taskforce and by magistrates convinced of the prosecution case against Ms Knox and Mr Sollecito, then in fact of a “conversion” of the error into a knowing arbitrary act… One would have been led to think of investigators who, incurable in terms of these continual “denials”, falling prey to a kind of accusatory delirium which was by now running unchecked, would have continued to “persecute by prosecuting” two poor youngsters, contrary to any probative evidence, for the sole purpose of not seeing their initial reconstruction denied.
But see how Lumumba was checked out and released by the same team. Plus the same team worked on other cases which drew no accusations at all. It is significant to note that the Bongiorno & Maori team and Sollecito himself again and again dropped Knox in it, even in remarks made after the Fifth Chambers ruling on 27 March.
 for the readers it would have been difficult to be able to learn the details of the Kercher proceedings, [Maori and Lagana] launched themselves into making unbelievable, irresponsible statements, defamatory beyond any limit, statements which express an inexplicable rancour and bitterness towards the investigators in the Kercher case, from which, for the rest, especially Advocate Maori had given proof of from the start itself of his defence of Raffaele Sollecito
Maori falsely ascribed the “satanism as motive claim” to Mignini and seems to have been a party to other dirty tricks and loaded statements. At this point of the complaint the Curatolo testimony and knife evidence is re-emphasized as valid for their purposes and never undermined by the innuendo of the defenses.
 Maori adds, repeating a singular idea repeated many times in the course of the proceedings and put to the Prosecution as the most significant expression of the error committed by the investigators: the guilty party, Rudy Hermann Guede, had already been secured by justice. Why continue to investigate the other contenders, when it had been found that it was Rudy who, no one knows why, would have been the sole killer and whose presence would have been incompatible with any accomplices?
As mentioned above, Guede was not at the trial in 2009 and so the defenses could freely rant on about him. Although some witnesses were devoted to trying to prove him a bad guy who must have acted alone, it went nowhere. The jury visit to the cottage showed them how ludicrous it was to argue that anyone would choose THAT window to break in.
 Laganà knows nothing about the proceedings and plainly ignores: the calunnia by Ms Knox against Lumumba, the mise-en-scene of the burglary (which could have been realised only by someone who would have been afraid of becoming involved in the investigations), the genetic material of Ms Knox found a little bit below the handle of the knife and that of the victim in proximity to the point of the blade, the genetic profile of Mr Sollecito found on the clasp of Meredith’s bra, the systematic lies of the two, the traces of mixed blood of Knox – Meredith and the print of Sollecito’s foot stained with blood on the small mat in the bathroom next to the room where the murder happened, the traces revealed with Luminol, of the bare feet of Amanda and Sollecito, the witness who sees the two between 21.30 and 23.30 in Piazza Grimana, a couple of dozen metres from the murder scene, and Rudy’s accusations, just to mention a few examples.
Once again we see the theme common throughout the narrative of noting copious lies of omission - vital things simply left out which dont suit Lagana’s apparent purpose.
 [Maori] launches accusations against the press [although] the accused were able to benefit from a systematic information process in their favour and without any contradiction. One can see the case of, for example, the programme “Porta a Porta” which, in the months immediately preceding the Fifth Chamber judgment, had interviewed only Sollecito or his family and consultants, blatantly ignoring any requirement of an even balance, which instead had occurred previously, and all this in a programme on the public network..
This describes how even some arms of the Italian media became tainted and partisan and how the court officers were forbidden by the code of conduct from offering the kind of contradiction and rebuttal very common on American TV.
 Unfortunately, this procedural matter has been marked by pressures (often accompanied by menaces) and defamations which the investigators, themselves as well, have suffered in the media, by a very serious activity of disinformation and from serious attacks on the personal and professional reputation of the investigators by numerous organs of information especially in the United States (like in fact CNN), [and] by the extremely challengeable behaviour of experts who, beyond having “forgottten” the existence of negative controls, had been seen by Dr Mignini (and, according to what has been said to him, also by the biologist at Scientific Police headquarters Dr Patrizia Stefanoni), to be having a long conversation and in a “private” manner, with the defence lawyers of the accused, in particular with Advocate Maori, before the hearing in which the experts were to be examined and cross-examined had started. This had happened in particular on two occasions, both in Piazza Matteotti, in front of the law courts building, one time in front of the main entrance and a second time, further back, in the direction of Via Oberdan, while [on a third occasion] Dr Stefanoni and Dr Comodi had seen them together, amongst the various defence lawyers for the accused, in a bar..
This illegal mingling of supposedly impartial court-appointed consultants with the defense teams, described in public writing here for the first time, should have been enough to see Conti and Vechiotti dismissed as consultants from the case, and further down the road facing charges.
 there are letters addressed to Dr Mignini, the first on paper with letterhead from the Supreme Court [sic] of the State of Washington (in which place is found Ms Knox’s city of residence, that is Seattle), on the part of judge Michael Heavey (now in retirement after having undergone a disciplinary proceeding for having used Washington State Supreme Court letterhead in a “private” letter addressed to his Italian counterparts) which turns out to have been written also to other magistrates involved, under various roles, in the proceedings and which claimed, with absolutely inconsistent reasoning, the innocence of Ms Knox, asking his Italian colleagues in a pressuring way to “acquit her”; or the highly contentious and clumsily inexpert comments of satisfaction concerning the judgment of the Court presided by Dr Pratillo Hellmann, by authority of the Government of the United States, as, to cite a couple of examples, the then Secretary of State Hillary Clinton and, above all, with repeated interventions in the proceedings under way, Senator Maria Cantwell, of the State of Washington
Failures in fact checking shows up the very one-sided nature of American politics and media coverage. Judge Heavey even wrote to the Presidents of the US and Italy and copied those letters to Congress. Italian court officials are highly restrained from response to protect themselves. Even now many Italians officials dont even know what was being said in English about them and what they were being accused of.
 All this evidences the very particular climate in which the proceedings unfolded, especially that of the first appeal, introduced by a summary by the Recorder Dr Massimo Zanetti in which the latter was not at all worried about affirming that in the proceeding that was then being opened the only certain thing was the death of Meredith Kercher, a phrase matching the one that the Recorder of the Fifth Chamber of the Supreme Court, Dr Paolo Antonio Bruno, pronounced according to what was referred to Dr Mignini by an advocate for the civil party.
What a remarkable coincidence. In the case of both statements this is not in accordance with the Italian appeals code. Frequent examples were quoted above of how the Fifth Chambers must accept the First Chambers rulings as givens, and the First Chambers in 2013 in effect ruled in annulling Hellmann that no appeal should be a whole new trial lacking the rather key prosecution part. Note that in March 2015 the Fifth Chambers heard at length from defense lawyers who had been seven years on the case - but no prosecutor from Perugia or Florence was even invited to be there.
5. And In Conclusion
This was a VERY solid case. As is said there, all the lists of evidence in the quotes above could have been longer. Here is a much longer list. Cardiol’s great four-part series on Certainties contains a long list. We have posted various other such lists of evidence, a list of hoaxes, and numerous lists of false claims, and many Powerpoints, and many questions for Sollecito and Knox. Plus even more lists via our right column here.
So it looks like the verdict could become unglued. Italian courts work to some extent on precedent and a tainted verdict could be a very bad precedent. Other prosecutors and judges will be getting similar messages to the judges, not least the judges of the First Chambers which normally handles the murder appeals.
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Friday, June 26, 2015
What No-Show Amanda Knox SHOULD Have Emailed Judge Nencini As Truthful Testimony in December 2013
Posted by Chimera
This was a defence appeal by Knox herself and Sollecito against the 2009 conviction by Judge Giancarlo Massei’s trial court. It was not a new trial, or a retrial, or even a prosecution appeal. It was an appeal DEMANDED by Knox and Sollecito.
While Knox refused to attend, she did send a long, rambling email to Lead Judge Nencini. Judge Nencini tartly read out the email in court, and remarked that she could have delivered this in person and answered questions if she wanted it credibly on the record - after all, Sollecito was sitting right there and not scared out of his wits.
Kudos to fellow main posters Finn MacCool and SeekingUnderstanding for their original and well done posts on this ‘‘submission’‘
With a bit of fact checking, Knox’s email could have looked to the court and the media more like this. Enjoy.
Court of Appeals of Florence section II Assise Proc. Pen, 11113
Letter sent to attorneys Carlo Dalla Vedova and Luciano Ghirga via email Seattle, 15 December 2013
Attn: Honorable Court of Appeals of Florence
1. I have no doubt that my lawyers have explained and demonstrated the important facts of this case that prove my innocence and discredit the unjustified accusations of the prosecution and civil parties. I seek not to supplant their work; rather, even though I am not present to take part in this current phase of the judicial process, I feel compelled to share my own perspective as a six—year-long defendant and causation of Meredith’s injustice.
2. The Court has access to my previous declarations, and please disregard that whole ‘‘aggravated calunnia’’ in which Cassation says i framed Patrick to divert attention, or that pending calunnia charge claiming I falsely accused the police to sabotage the court proceedings. I trust you will not be blinded by these things to come to this verdict. I must repeat: I am innocent. Because repeating it will help dissuade you from studying my lies too carefully.
3. According to my lawyers: I am not a murderer, I am not a rapist, I am not a thief or a plotter or an instigator, at least not until Cassation signs off on it. I did not kill Meredith or take part in her murder or have any prior or special knowledge of what occurred that night, (other than screaming, slit throat, and that the body was moved). I was not there for part of the time, and had nothing to do with it.
4. I am not present in the courtroom because I am afraid. Federico Martini is probably still pissed that I gave him up; the court and jail officials don’t like my book; and I think there is still an open warrant on me for calunnia. Also, without any employment or housing references, staying here may be tricky. I have faith in your judgement, but am worried you are so poor a judge you will be blinded my the Prosecution’s vehemence. I remember Judge Micheli: he was the wise Judge who found Guede guilty; he was the idiot Judge who ordered Raffaele and I to stand trial as accomplices.
5. My life being on the line, at least until I get parole, and having with others already suffered too much, I’ve rehearsed this story and attentively followed this process and gleaned the following facts that have emerged from the development of this case that I beg you not to dismiss when making your judgement:
6. No physical evidence places me in Meredith ‘s bedroom, the scene of the crime, because I define only that as the crime scene. My DNA mixed with Meredith’s was in the bathroom and Filomena’s room, not Meredith’s. Those bloody footprints cleaned away were in the hallway, not Meredith’s room. Raffaele had one knife, and this other was at his flat, neither of which is Meredith’s room. My lamp on Meredith’s floor had no fingerprints on it, and does not implicate me. That DNA on Merdith’s bra, and bloody footprint on the bathmat only implicates my alibi witness (who refuses to be questioned), not me. Those false alibis, false accusations, details I know about the crime, and phone records are not physical evidence, and did not happen in Meredith’s bedroom. Those ‘‘eyewitnesses’’ the Prosecution produced are not forensic evidence, and do not place me in Meredith’s room.
7. Meredith’s murderer left ample evidence of his presence in the brutal scenario, we made sure of that. Heck, the police couldn’t even find my fingerprints in my own bedroom.
8. No evidence places me in the same brutal scenario, again, which I restrict to Meredith’s bedroom, and only actual physical evidence. The prosecution has failed to explain how—with these restrictions—I could have participated in the aggression and murder—to have been the one to fatally wound Meredith—without leaving any genetic trace of myself. Just because i spend a lot of time talking about it, and am a C.S.I. fan, doesn’t mean I know how to remove evidence. That is because it is impossible. It is impossible to identify and destroy all genetic traces of myself in a crime scene and retain all genetic traces of another individual, or so C.S.I. has taught me. Either I was there, or I wasn’t. My analysis of the crime scene answers this question: I wasn’t there.
9. My interrogation was illegal and produced a false “confession” that demonstrated my non-knowledge of the crime- The subsequent memoriali, for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false “confession.” Yes, I wrote out a false ‘‘confession’’ that accuses someone else. Just as I testified to the prosecutor in prison and to my family members in prison when our conversations were being recorded without my knowledge. Dammit, give me some privacy.
10. My behavior after the discovery of the murder indicates my innocence, if you think creatively enough. I did not flee Italy when I had the chance, because (in my November 4th email), the police wouldn’t let me leave. I stayed in Perugia and was at the police’s beck and call trying to think of answers for over 50 hours in four days, convinced that I could help them find the murderer, or at least someone who was ‘‘close enough’‘. I never thought or imagined that repeatedly changing my story would fuel their suspicions. I did not hide myself or my feelings: when I needed sex, Rafael ‘‘embraced’’ me; when I was scared of being exposed, I cried; when I was angry that it wasn’t working, I swore and made insensitive remarks; when I was shocked, I paced or sat in silence, at least until I could find a new ‘‘best truth’‘; when I was trying to help, I evaded questions, consoled Meredith’s friends, especially her male friends, and tried to keep a positive attitude that this would blow over.
11. Upon entering the questura I had no understanding of my legal position, accompanying Raffaele to a witness summary session which I was not invited to. 20—years old and alone in a foreign country, I was, legally speaking, innocent and never expected to be suspected and subjugated to torture, and I wasn’t. I was told I was a witness, then after I placed myself at the crime scene I was told I was a suspect. I was questioned for a prolonged period in the middle of the night and in Italian, a language I barely knew, and that questioning includes the time I was sleeping or getting tea. I denied legal counsel- still The Court of Cassation deemed the interrogation and the statements produced from it was inadmissible. In my memoir, WTBH; I was lied to, yelled at, threatened, slapped twice on the back of the head. I told myself I had witnessed the murder and was suffering from amnesia. I told myself that if I didn’t succeed in ‘‘remembering’’ what happened to Meredith that night, I would never see my family again. I browbeat myself into confusion and despair, to sell to the media at a later date. When you berate, intimidate, lie to, threaten, confuse, and coerce someone in believing they are wrong, you are not going to find the truth, but again, that is not what happened here.
12. The police used tea and kindness to coerce me into signing a false “confession” that was without sense and should never have been considered a legitimate investigative lead. In this fragmentary and confused statement the police identified Patrick Lumumba as the murderer because we had exchanged text messages, the meaning of which I let the police wrongfully interpret (‘Civediamo piu tardi. Buona serata’). The statement lacked a clear sequence of events, corroboration with any physical evidence, and fundamental information like: how and why the murder took place, if anyone else was present or involved, what happened afterward—it supplied partial, contradictory information and as the investigators would discover a little later, when Patrick Lumumba’s defense lawyer produced proof of him incontestable alibi, it was obviously inaccurate and unreliable. After over 50 hours of rehearsing the questioning over four days, I was mentally exhausted and I was confused.
13. This coerced and illegitimate statement, which I dreamed up, was used by the police to arrest and detain a clearly innocent man with an iron-clad alibi with whom I had a friendly professional relationship, (at least until I destroyed his life). This coerced and illegitimate statement was used to convict me of slander. Judge Hellmann saw that this statement was coerced, and threw out my calunnia conviction .... I mean he increased the sentence .... never mind.The prosecution and civil parties are accusing and blaming me, a result of their own overreaching.
14. Experience, case studies, and the law recognize that one may be coerced into giving a false"confession” because of torture. I’m not sure why this applies to my case, but damn, it sure sounds impressive.
15. This is a universal problem. According to the National Registry of Exoneration, in the United States 78% of wrongful murder convictions that are eventually overturned because of exonerating forensic evidence involved false “confessions.” Almost 8 in 10 wrongfully convicted persons were coerced by police into implicating themselves and others in murder. I am not alone: Susan Smith and Casey Anthony ‘‘falsely confessed’’ that other people did it too. And exonerating forensic evidence is often as simple as no trace of the wrongfully convicted person at the scene of the crime, but rather the genetic and forensic traces of a different guilty party—just like every piece of forensic evidence identifies not me, but Rudy Guide.
16. In the brief time Meredith and I were roommates and friends we never fought. Roommates, not friends.
17. Meredith was my friend, not that I was her friend. She was kind to me, helpful, generous, fun, and in retrospect, I should have been more of the same. She never criticized me. She never gave me so much as a dirty look, even as I left the place a mess, and even when I flirted with her boyfriend, or she took my job at the bar.
18. But the prosecution claims that a rift was created between Meredith and I because of cleanliness. This is a distortion of the facts. Please refer to the testimonies of my housemaster and Meredith’s British friends. None of them ever witnessed or heard about Meredith and I fighting, arguing, disliking each other. None of them ever claimed Meredith was a confrontational clean-freak, or I a confrontational slob. Laura Masotho testified that both Meredith and I only occasionally cleaned, whereas she and Filament Romanal were more concerned with cleanliness. Meredith’s British friends testified that Meredith had once told them that she felt a little uncomfortable about finding the right words to kindly talk tome, her new roommate, about cleanliness in the bathroom we shared. The prosecution would have you believe this is motivation for murder. But this is a terrifying distortion of the facts, as proving motive it not necessary—anywhere.
19. I did not carry around Rafael’s kitchen knife. That’s what men are for, to do the lifting for me.
20. This claim by the prosecution, crucial to their theory, is uncorroborated by any physical evidence or witness testimony. I didn’t fear the streets of Perugia and didn’t need to carry around with me a large, cumbersome weapon which would have ripped my cloth book bag to shreds. My book bag showed no signs of having carried a bloody weapon. The claim that he would have insisted I carry a large chef’s knife is not just senseless, but a disturbing indication of how willing the prosecution is to defy objectivity and reason in order to sustain a mistaken and disproven theory. Yes, i can positively disprove a theory I know nothing about.
21. It is yet another piece of invented “evidence”, another circumstance of theory fabricated to order, because having discovered nothing else, the prosecution could only invent: phone records, false alibis, false statements, false accusations.
22. I had no Contact with Rudy Guide, even though I mention in my book having seen him twice, and a third time in the next paragraph.
23. Like many youth in Perugia, I had once crossed paths with Rudy Guide. He played basketball with the young men who lived in the apartment below us. Meredith and I had been introduced to him together. Perhaps I had seen him amongst the swarms of students who crowded the Perugian streets and pubs in the evenings, but that was it. We didn’t have each other’s phone number, we didn’t meet in private, we weren’t acquaintances. I never bought drugs from Rudy Guide or anyone else. I was having sex with Federico for drugs, which isn’t the same thing. The phone records show no connection. There are no witnesses who place us together, except my statement here. The prosecution claims I convinced Rudy Guide to commit rape and murder, completely ignoring the fact that we didn’t even speak the same language. He has lived in Perguia for 15 years, and I am a student of Italian. Once again, the prosecution is relying upon a disturbing and unacceptable pattern of distortion of the objective evidence.
24. I am not a psychopath. That evaluation in 2008 was unfair, as I didn’t get a chance to prepare my spontaneous answers.
25. There is no short list to the malicious and unfounded slanders I have enjoyed over the course of this legal process. In trial, in the media I have been called no less than:
“Conniving; manipulating; man—eater; narcissist; enchantress; duplicitous; adulterer; drug addict; an explosive mix of drugs, sex, and alcohol; dirty; witch; murderer; slanderer; demon; depraved; imposter; promiscuous; succubus; evil; dead inside; pervert; dissolute; a wolf in sheep’s clothing; rapist; thief; reeking of sex; Judas; she-devil;
26. I have never demonstrated anti-social, aggressive, violent, or behavior. Throwing rocks at cars, writing rape stories, and staging break ins are not violent or anti-social. I am not addicted to sex or drugs. In fact, Federico Martini hasn’t given me any since I was arrested. Upon my arrest I was tested for drugs and the results were negative. I am not a split-personality One does not adopt behavior spontaneously.
27. This is a fantasy. This is uncorroborated by any objective evidence or testimony. The prosecution and civil parties created and pursued this character assassination because they have nothing else to show you. They have neither proof, nor logic, nor the facts on their side. They only have their ‘‘evidence’’ against me, and my personal opinions about them. They want you to think I’m a monster because I am telling you they think I am a monster. it is easy to condemn a monster. It is easy to dismiss a monster’s defense as deception. But the prosecution and civil parties think I’m both severely mistaken and wrong. I have condemned them without proof of wrongdoing, and I seek to convince you to condemn them without proof of wrongdoing.
28. If the prosecution truly had a case against me, there would be no need for these theatrics. Never mind that this is my own appeal, and I ‘‘should’’ be demonstrating why the 2009 trial verdict is unjust. If I had a case, there would be no need for smoke and mirrors to distract you from the mountains of physical evidence against me. But because this evidence exists that proves my guilt, I would seek to deceive you with these impassioned, but completely inaccurate and unjustified pronouncements. Because I am not a murderer (yet), I would seek to mislead you into convicting me by charging your emotions, by painting me as an innocent until proven guilty, but not as a monster.
29. The prosecution and civil parties are committing injustices against the Kerchers because they cannot bring themselves to admit, even to themselves, that they’ve made a terrible mistake, namely, that the murder was premeditated. Again, it is my own appeal, but they are persecuting me.
30. The Court has seen that the prosecution and civil parties will not hear criticism of their mistakes, by people who won’t attend their appeal.
31. The Court has seen that the prosecution jumped to conclusions at the very start of their investigation: they interrogated and arrested innocent people and claimed “Case Closed"before any evidence could be analyzed, before bothering to check alibis. As proof of this, they called Raffaele to the police station (at his leisure), to clear up discrepencies in his alibi. Then when he claimed I lied, Rita Ficarra then asked me for an explanation. Those brutes! Then they hauled in Patrick just because in ‘‘confessed’’ several times that he did it.
32. The prosecutor and investigators were under tremendous pressure to solve the mystery of what happened to Meredith as soon as possible. The local and International media was breathing down the necks of these detectives. Their reputations and careers were to be made or broken. In spite of that, they still saw my mistakes. Under pressure, they admitted to as few mistakes as possible and committed themselves to a theory founded upon disproving my mistakes.
33. Had they not jumped to conclusions based on nothing but Raffaele’s changing alibi and my false accusations, they would have discovered definitive and undeniable evidence of not Patrick Lumumba, but of Rudy Guede, Raffaele Sollecito, and Amanda Knox. We would not be here over six years later debating clues my lawyers claim are inconclusive and unreliable. Had we plead guilty we would have been spared the cost, anguish and suffering, not only of Raffaele’s and my family, but especially of Meredith’s family as well.
34. My accusations are unworthy of judicial or public confidence. In over six years I have failed to provide a consistent, evidence-driven, corroborated theory of the crime, but would nevertheless argue that you should not take my life away. I beg you to see through the ‘‘facts’’ and ‘‘reason’’ of what I say. I am innocent. Raffaele is innocent. Meredith and her family deserve the ‘‘truth’‘. Please put an end to this great and prolonged injustice for them.
Amanda Marie Knox
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Monday, June 22, 2015
The Real Victim: Will The Cassation Report Promised Thursday Belatedly Suitably Acknowledge Her?
Posted by Slow Jane
I stepped out of the tube onto Tooting Broadway, with throngs of shoppers overflowing the pavements and schoolchildren milling around the bus stops in groups.
Now here at last, in Croydon Cemetery, fifteen bus stops later, I found Meredith’s grave, startling in its unexpectedness, after walking for quite a while, hopeless at following directions, having originally gone to the wrong graveyard altogether, the day before.
My heart pounded as her name suddenly leapt out at me.
The burial site is beautifully maintained, with miniature pink and red rose bushes and set in the peaceful landscaped grounds, with evergreens and lawns.
I stood for a while overcome with emotion, quite alone, with nobody in sight all around. I said a few prayers, including one pleading that Meredith’s murderers be brought to justice. I quietly sang Psalm 23 and pondered how this beautiful, funny, bright young student had lived a life that was all too short.
A feeling of pain - for her mother Arline and father John, and Stephanie, Lyle and John and for all her family and friends - contracted like a taut elastic band across my chest.
I recalled how at her funeral service at St John the Baptist Church many of the mourners, including sister Stephanie and friends from Leeds Uni had carried a single white rose each.
Stephanie read out a poem she wrote, “ Don’t Say Goodbye”. Her old school friends sang as a choir the requiem, In Paradisum. Two hymns sung at the service, on 14th December 2007, were ‘Abide with me” and “For the Beauty of the Earth”.
Meredith’s favourite record “With or without you” by U2 (below) was played.
As I sat on a creaky bench nearby under the shade of a gnarled old tree, I scribbled down the following lines:
- I came to pay my respects
To Meredith Kercher so dear
To all who knew her.
Go gently into that night
Enforced on you by the evil,
Those who walk in the darkness,
And you were in their path.
Your light shines
And the dark has not overcome it.
I write this article to reflect that this is about Meredith Kercher and her family and friends, and to reclaim the memory of her purity from the soiled agenda of the ex-defendants and the cruel IIP and FOA stalkers.
Stephanie Kercher had said, in response to Knox’s demand, on the launch of her “memoir”, that she be taken to visit Meredith’s grave, that Stephanie and her family just want a safe place for Meredith to rest in peace.
I cast my mind back to the news reports that broke in November 2013 that Raffaele Sollecito had nevertheless paid a “secret visit” to the spot. He had been in London in March 2013. He had the grace not to include pictures of the grave on his “London” Facebook page that he may have taken.
Newspaper reports reveal he was taken there by an “English friend” and left no flowers. The “friend” who was quick to betray Sollecito’s “secret” is speculated to be one Nigel Scott, ex-Lib Dem Councillor in Haringey, and a purported member of the Injustice in Perugia advisory board, the rather grand name of a lobby of aggressive pro-Knox advocates.
Scott put up a picture of the grave in a tweet – hastily taken down – as the news broke. He disparagingly refers to the grave as being in “poor condition”, with a temporary headstone marker.
His co-campaigner, Karen Pruett, maintains a Find A Grave webpage for Meredith and was forced by demand from enraged supporters of Meredith Kercher’s family to take down the picture of Meredith’s grave, most probably taken from the Daily Mail.
Notorious FOA poster Lyn Duncan - who tweets under the name of @Annella - and others, left “tributes” after the acquittal, despite one of their party, Doug Bremner Jr, having referred to the Kerchers as “Nazis” and another mocking Meredith’s grave lacking a headstone as late as 2011, when Knox was first acquitted by Hellmann, as shown in the Daily Mail.
Time has shown how Scott’s, Pruett’s and other Knox chums’ characters speak for themselves.
Meredith’s final resting place is beautiful, in a quietly understated way. The grave adjacent is of a Liverpool supporter aged 22, who died around about the same time as Mez, who was 21. It is very poignant to see.
Meredith’s headstone is fashioned out of marble and reads, “ We will always love you MEREDITH SUSANNA CARA KERCHER 28th Dec. 1985 – 1st Nov. 2007 Forever in our thoughts, always in our hearts.”
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Due To Content Wars And Objective Editors Forced Out, Original Wikipedia Might Not Survive
Posted by Peter Quennell
1 The New York Times Report
The New York Times reports today that the original Wikipedia may not survive. Better resources may take its place.
2. The Hijacking We Observed
From 2010 onward, several of the relevant English-language Wikipedia entries were hijacked by the Marriott-paid thugs. No English-language entry we have read lately is reliable on the case.
Deliberate bias now appears again and again. What is simply left out - lies of omission - is now immense. In 2011 the founder of Wikipedia , Jimmy Wales, joined in - on the wrong side.
One of the effects of the deliberate bias he encouraged was to make many who read here no longer willing to contribute towards Wikipedia’s costs.
Another effect was that good objective editors downed tools and simply walked off.
In March 2011 one of the frustrated good objective editors, Gwaendar, arrived here and posted (first link below) a report about what he and his colleagues had faced.
A few days later (second link below) a translation by TomM and Skeptical Bystander of the main Italian Wikipedia page, still in very good shape, went up:
- Evolution Of The Wikipedia Article On The Murder Of Meredith Kercher
- The Precise And Accurate Italian Wikipedia Article On Meredith’s Case, Now Translated Into English
3. So The Meredith Wiki Stands
In May 2013, as Azoza describes in the post below, Edward McCall and a team of editors and translators began the Meredith Wiki as an effort that stands proudly on its own.
If anything, the Meredith-case Wiki has been gaining speed. What Azoza described represents a fast doubling in size. The volunteer team has grown too, with strong legal and Italian-language skills.
No bias in this freestanding Wiki has ever been proved. It simply carries dozens and dozens of the official trial and appeal documents, most of them now in English, for anyone to take away with them any meaning that they wish.
Our ongoing Interrogation Hoax series, on that huge and nasty hoax, which now has nervous publishers and Knox killer-groupies realizing they may have legal targets on their own backs, could not have happened if the hearing, trial and appeal transcripts had not been made available there first.
And there are many other truths lurking like landmines on the Wiki site.
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Wednesday, June 17, 2015
Major Additions To Meredith Kercher Case Wiki To Provide Complete Impartial Overview in English
Posted by azoza
Origin and mission
The impartial Murder of Meredith Kercher Wiki began in 2013.
The seed was people discussing how to overcome the flawed Wikipedia article of the case. That article relied on sources like Candace Dempsey, Nina Burleigh and American media. In other words, biased or incomplete sources.
In May 2013, Edward McCall set up the website, with the help of volunteer editors from the Perugia Murder File community. Its mission statement was:
Were Amanda Knox, Raffaele Sollecito, and Rudy Guede responsible for the death of Meredith Kercher? This wiki style site was created by a group of volunteer editors to inform the public about the case, by providing translations of original documents and evidence presented at trial.
This continues to be the aim of the Wiki: to make available documents and translate them properly. Our interest is not selectively posting documents, like the Knox campaign has done. We want to make all the facts available, without bias or selecting. We believe all the facts support the notion that all three defendants are responsible for Meredith Kercher’s murder.
Purpose of this post
The purpose of the article here is to let people know of recent changes to the website.
The Wiki is revised when new documents and translations continue to be received. Existing webpages are tweaked when time allows. Webpages are sometimes changed so information can be better presented. Or the website structure is changed when a significant page is introduced.
For example, a new page listing a lot of evidence was added in November 2014. This page can be directly accessed from the main page. That evidence list page has links to other sections of the website, like ‘wikified’ testimony, for easier reference. More links will be added and more evidence noted as more documents become available.
The website had two major redesigns earlier this year. The main page was redesigned to provide clearer ‘at a glance’ updates. We did this primarily to keep everyone up-to-date with the March 2015 Cassazione decision. The boxes on the main page also note updates to other parts of the website. Also, we added buttons so any webpage on the site can be shared on various social media.
The other major redesign has been the addition of the ‘file library’.
Completing the picture
For those long familiar with the case, source material had been seriously lacking. There have been large gaps. The Knox campaign has posted some documents, but their ‘collection’ has always been incomplete. As examples:
1) The crime scene photos start at ‘dsc016’. What about photos 1 through 15?
2) No photos of Sollecito’s place, Guede’s place, via Sperandio or elsewhere
3) They posted many Massei transcripts, but not all. They never posted the 2nd day of Knox’s testimony, or the days when the Kercher family and consultants testified.
4) Some Massei transcripts they posted had pages missing.
5) They have posted many defense consultant reports, but few prosecution consultant reports.
6) They only posted a few Hellmann transcripts, but not all.
7) They only posted one Micheli transcript, but not the others.
8) Hardly any depositions.
9) A lot of police reports are still missing.
In the past six months, we have been trying to correct this. We have set up a file library, which will be the repository of as many case-related files as can be gotten. Files will ultimately include documents, photos, videos and audio- whatever is part of the public record of this tragic case. The files are made available as links for downloading. Eventually many will also be ‘wikified’ so anyone can do a word search through the documents. And when time allows, key documents will be translated.
There are thousands of files related to this case - too many to put on one page. A single file page would take forever to scroll and would be terribly confusing. So the library is structured into subsections. The basic idea is ‘nested boxes’. Once you select a section, you ‘drill down’ through pages to get to document links. Then you click ‘back up’ to the higher levels so you can move to other sections.
Some pages have a mixture of links to documents and links to subpages. These will eventually be simplified for clarity.
Not all file library pages have been created. More pages will be required as more files come in. Once the document files (PDFs) portion is nearly complete, pages will be reviewed and the library layout will be tweaked. At that point, when we’re comfortable with all the pages and their names, links will be added to allow browsing across sections or in sequential order. This hasn’t been done yet to avoid redoing a lot of work later.
A directory tree is a strong possibility too.
The seven sections
The library has over 900 PDFs and photos scattered across 7 major sections.
The 1st section
This section Context and people is empty for now. It will have photos of Perugia, the cottage, nearby locales and pictures of the people involved in the case. We are sifting through photos and erasing duplicates. Once that’s done, this section will quickly fill out.
The 2nd section
This section 2007 Investigations has files related to police investigations in 2007, the arrest and crime scene photos and videos. As mentioned, not all crime scene photos and videos have been made public. We hope to gather as complete a collection as possible. Of course, anything showing Meredith Kercher’s body will be censored, in line with the wishes of the Kercher family, and to maintain dignity. In the past 1.5 months, we’ve gotten over 80 depositions of witnesses and other documents related to early investigations. Things like preliminary police reports and police correspondence. Here you can also find phone and prison taps.
The 3rd section
This section Arrest trials has filed related to the cautionary arrest trials. This includes the Matteini court, the Ricciarelli court and the 2008 Cassazione court, presided by judges Gemelli & Gironi. Files include court hearing transcripts, motivation reports and other files pertinent to these hearings. This is missing quite a bit still, but we hope to correct that.
The 4th section
This section 2008 Investigations has files related to police investigations in 2008. While the murder was discovered on Nov 2, 2007, and arrests were made that month, the actual police investigation continued until the following year, finishing in June 2008. Files here include additional phone and prison taps, police reports from Rome and Perugia, additional depositions and other related documents.
The 5th section
This section Statements and writings contains writings and depositions of the three defendants. GKS = “Guede Knox Sollecito”.
The 6th section
This section Trials and Appeals and Reports is the largest section. We may revise or split this section further. Currently it contains all documents related to the main trials. All three defendants took part in the first main trial, the 2008 Micheli court. Micheli indicted Guede and found enough evidence against Knox and Sollecito. After the Micheli court, Guede’s trial path separated from the other two because he chose a fast-track option. So there are 3 subsections: Micheli, Guede trials and Knox + Sollecito trials. The Knox + Sollecito trials page has further subpages for the Massei court, the Hellmann appeals court, the Nencini appeals court. In this section, one can find court transcripts and reports, correspondence or depositions introduced during court proceedings. So a lot of files.
The 7th section
This section is extra material.This will contain documents, photos and videos indirectly related to the case. Things like interviews, documents on forensics, lab manuals, crime scene analyses, documentaries, related trials like the police calumnia trials, etc.
A few quick notes:
1. There are many versions of the Massei motivations report on the Internet. Most are missing two pages. Another version comes in four parts. We edited ours so this is a complete version with the ‘famous’ missing pages.
2. Similarly with the Borsini-Belardi motivation report. Many versions out there, most of them improperly OCR’ed, with sections missing. Our version is a scan version, not the OCRed one.
3. As noted before, recent additions include a lot of depositions of witnesses taken in the first week of police investigation. You can find these in the “2007 police work” page.
4. Police summaries of the crime scene surveys, and fingerprint reports, are at the bottom of that same page.
5. There’s a PDF containing a ‘5 volume’ police photo report. This PDF has photos of Via Sperandio currently not in the crime scene photos. But certainly those photos are part of the same Nov. 2007 crime scene photo survey. Anyway, you can find it in the Crime Scene page at the bottom. It’s called Photo-photographic-file-censored. We edited out pictures of the body, to preserve dignity of the victim.
6. Towards the bottom of the “2008 investigations” page, we recently added two police charts, and the first “shoeprint report” by Rinaldi & Boemia, which has more data on shoeprints. Their second report concentrated on the footprints.
7. We have the Cassazione March 2015 dispositivo. We will be posting that along with other documents shortly.
The file library is an ongoing thing. We hope to make real progress here, so everyone can look at all the facts of the case, not just a few picks. A bright light is needed on as much material as is possible to offer, in honor of Meredith Kercher, the victim.
When we post a new file batch, we add an update note on the Wiki home page.
The Meredith Kercher Wiki is committed to being the essential record of all publicly available documents and testimonies about the case, to benefit the general public and the media. Please circulate this widely, and check in regularly. There are more changes to come.
ADDED 12 JULY
On 2007 Investigations: Police work page
On 2007 Investigations: Arrests page
On Arrest trials page
On Arrest trials: KSL: Matteini trial page
On Arrest trials: KS: Ricciarelli trial page
2007-11-30-Motivazioni-Ricciarelli-Arresto-Appello-Knox-Sollecito.pdf (forever missing Ricciarelli report)
On 2008 Investigations page
On Trials: Micheli court page
2008-09-16-Testimony-Summary-and-Rulings-Micheli.pdf (first Micheli hearing)
On Trials: KS: Massei and Cristiani trial page
2009-11-20-Closing-arguments-Mignini.pdf (forever missing)
2009-11-21-Closing-arguments-Comodi-Knox.pdf (forever missing- Comodi describes 3D reconstruction)
On Trials: KS: Hellmann and Zanetti trial page
2010-12-11-Testimony-Lawyers-Knox-Parisi-Maori-Ghirga-Vedova.pdf (missing Hellmann hearings)
On Trials: KS: Nencini and Cicerchia trial page
2014-01-20-Testimony-Maori-Crini-Pacelli-Fabiani-Perna-Maresca-Donati-Colotti.pdf (missing Nencini hearing)
On Trials: Knox and Sollecito trials page
2015-03-30-Sentenza-Cassazione-Dispositivo-Knox-Sollecito.pdf (sentence, not motivations report)
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Tuesday, June 16, 2015
Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #4
Posted by Cardiol MD
1. SERIES OVERVIEW
This post continues a response to the March 27th, 2015 announcement of Cassation’s Fifth Chamber that it had decided that Amanda Knox and Raffaele Sollecito were Not Guilty of the November 2007 Murder in Perugia of Meredith Kercher.
The Fifth Chamber’s Reporting Judge Antonio Paolo Bruno, was reported to have said that the trials had “not many certainties beyond the girl’s death and one definitely convicted”.
In fact Judge Bruno was wrong.
As previously noted, the Existence, Timings, Durations, and General-Locations of all the telephone calls are a very fertile source of Certains, or Certainly-Nots. This is because civil telephone time-keeping all over the Earth’s surface, including in Italy, the U.S. and the U.K, use, and specifically did use in November 2007’s Perugia, the Coordinated Universal Time Protocol (CUT).
Coordinated time-keeping assures that the time assigned to a telephone event is accurate and very precise, independent of where it occurs. It’s almost as if these November, 2007’s Perugia ‘phone users were wearing criminal-offender’s ankle bracelets. CUT records enable decisive challenge to the credibility of a false witness (impeachment).
(Uncoordinated Time-keeping could have resulted in wrong times being assigned to a telephone event)
2. MORE SUCH CERTAINTIES
(A) SOLLECITO’S PHONE
43. IT IS CERTAIN THAT SOLLECITO’S PHONE WAS EITHER AFFIRMATIVELY SWITCHED-ON, OR HAD-BEEN-MOVED, AT 6:02:59 AM, 2 NOVEMBER 2007
Therefore, contrary to the Defense “reasoning”, cited below, there is Certain proof that Sollecito’s phone was switched on or had been moved at 6:02:59 am on 2 November 2007, and that Sollecito &/or Knox were awake at that time, contrary to their assertions, which are Certainly false:
Nencini Page 158:
“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  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.”
More in this case:
(B) WITNESS ANTONIO CURATOLO
Antonio Curatolo had testified at the Massei Trial that he had seen Amanda Marie Knox and Raffaele Sollecito, from 9:30pm to around midnight of 1 November 2007 in Piazza Grimana”
However, the Hellmann Court of Appeal’s motivazione had rejected the reliability of Curatolo’s Testimony.
The SCC Panel, Annulling the Hellmann Court of Appeal’s motivazione had, in turn rejected and annulled Hellman’s Analysis of Curatolo’s Testimony, stating on pp 67-69:
“The Hellmann Court of Appeal rejected the reliability of the testimony of Antonio Curatolo which, in the reconstruction of the First Instance Court, had been taken as a basis of proof that the negative alibi offered by the two accused was false, and which constituted one of the tesserae of the mosaic which led to their being held to have been present at the scene of the crime. Incidentally, it is worth recalling that the First Instance Court held, via reasoning that was correct from both a legal and logical point of view, that the false alibi must be considered as evidence against [the accused], to be placed in relation to the other elements of proof in the context of the entire body of evidence.
This method of analysing the testimony, as observed by the Prosecutor General submitting the appeal, is absolutely subject to censure in that it displays a lack of the prerequisite thorough examination of the facts and circumstances, so that the conclusion that was reached [by the Hellman Court of Appeal] – that in indicating the two accused students as having been present in Piazza Grimana, he confused the evening of 31 October and the evening of 1 November – clashes with ascertained facts that seriously contradict such an absolutely certain assumption, so as to shed full light on the well‐foundedness of the charge that the justifying discourse is contradictory and thus manifestly lacking in logic (it was in fact proven by other facts that on the evening of 31 October that neither Knox nor Sollecito, who were both occupied, the former at Lumumba’s pub where she was preparing for the normal activity associated with the Halloween festival, the latter at a graduation party, could have been present in Piazza Grimana at around 11 PM).
The assertion that the sighting of the two young people by the witness should be shifted to 31 October (page 50 of the sentencing report) because the context described was more suitable to that day than the next day, since [the latter] did precede the arrival of the Scientific Police but  [was] taken out of context, is a manifestly illogical assertion, not only because it contradicts facts which unequivocally demonstrate that the two were not in the piazza on the evening of 31 October (a fact of fundamental importance in the context of the evaluations) and thus the impossibility of squaring the circle in the sense proposed, but also because it follows an utterly weak inferential rule.
Starting from the need to undo the knot of contradiction presented by the testimony (he saw the two young people the evening before the investigation of the Scientific Police and he saw them in the context of the Halloween festival), the Hellmann Court of Appeal, after having heard the witness testify a second time and after having verified that he erroneously placed Halloween on the night of 1‐2 November, they heard the witness reiterate that his temporal placement of the fact was anchored to the described presence of people who were all dressed in white and that, after midday on the day after he saw the two young people, he caught sight of the men in white in via della Pergola (a fact with a very high level of certainty, more than any other) together with the police: this notwithstanding, the Court reached the conclusion that his testimony could not be accepted due to the man’s deteriorating intellectual faculties and due to his lifestyle, since he was a detainee for drug dealing when he testified the second time and was a habitual heroin user.
Once again, the progression of the argument emerges as obviously illogical, in that the evaluation of the testimony should have been correlated (regardless of the conclusions, this being a discussion of evaluation methods) to the unique objective fact of absolute reliability (the presence of individuals wearing the white suits, the day after the sighting of the two in the piazza, at a time earlier than 11 PM‐midnight) because that is a fact whose existence is certain, which was a unique identifying circumstance, which could not but remain imprinted on the mind more than any other; while instead, once again, character issues were considered and asserted, furthermore, without any scientific examination that could ascertain whether the man’s intellectual faculties had deteriorated. Moreover, Curatolo showed up when called upon to testify, in both the first and second instance trials and, even well after the fact, he never had any difficulty recognizing the two accused as those whom he had seen in Piazza Grimana the evening before he noticed the men dressed in white (whom he called “extra‐terrestrials”) and the police in via della Pergola.
The fact that he had been a homeless man who spent all day in the piazza was not a reason for dismissing him as an unreliable witness out of hand, at the cost of colliding with the accepted principles on the matter of the reliability of testimony. In conclusion,  a contribution [that was] expressed with certainty and noted in the trial transcripts of the witness, and again during his second testimony (“as certain as I’m sitting here” he said of having seen the two accused the evening before the day in which he saw the men in white suits and the police), cannot be circumvented by merely referring to the character of the author of the contribution; this would have required a process of evaluation through facts with equally strong probative evidence.
Moreover, the opinion must be annulled and remanded, since the explanations of the reliability of the witness Curatolo are incomplete (as they did not take into consideration the facts that contradicted the conclusion reached by the Court), vitiated by an incorrect application of the laws governing the matter. The ‘precise and serious’ nature of the evidence provided by the testimony was dismissed in the [Appeal] opinion without testing its concordance with other evidence, on the basis of a conjecture (that the witness superimposed the evening of 31 October onto that of 1 November) that was not even confronted with the facts contradicting its conclusions”
In summary, this SCC Panel ruled that Hellmann’s Motivazione “must be annulled and remanded” because it ignored facts contradicting Hellmann’s conclusion, and incorrectly applied “the laws governing the matter”, “without testing its concordance with other evidence”, not even confronting Curatolo “with the facts contradicting (Hellmann’s) conclusions”.
44. IT IS CERTAIN THAT CURATOLO WAS PRESENT IN PIAZZA GRIMANA ON THE EVENING OF NOV. 1st, 2007
45. IT IS CERTAIN THAT CURATOLO TESTIFIED THAT HE SAW MEN IN WHITE SUITS, AND POLICE PRESENT IN PIAZZA GRIMANA ON THE MORNING AFTER HIS SIGHTING OF AMANDA KNOX AND RAFFAELE SOLLECITO IN PIAZZA GRIMANI.
3. AND MORE BEYOND REASONABLE DOUBTS
(A) WITNESS ANTONIO CURATOLO
The SCC Chamber’s reasons, given above, for Annulling And Remanding Hellmann’s conclusions re Curatelo’s misremembering the Date, in spite of his specifically remembering that it was the evening before he saw the Official Commotions relating to Meredith’s murder, justify the Conclusion that:
8. IT IS BEYOND REASONABLE DOUBT THAT CURATOLO SAW AMANDA KNOX AND RAFFAELE SOLLECITO IN PIAZZA GRIMANA ON THE EVENING OF NOV.1st, 2007 ON MULTIPLE OCCASIONS. A FEW YARDS FROM THE COTTAGE AT NO. 7, VIA DELLA PERGOLA, WHERE, IN THE SAME SPAN OF TIME, THE MURDER TOOK PLACE.
WITNESS MARCO QUINTAVALLE
Nencini p 156:
“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.”
SCC. Annulling H/Z p 50
“In this case, [the Defence argues that] a re‐evaluation of the witness is not allowed, given that his testimony was correctly examined by the Hellmann Court of Appeal, knowing the lapse of time after which he offered his contribution to investigators. The witness’s statements were, for the rest, compared with those of his co‐workers, who referred to the doubts expressed by Quintavalle on the exactitude of his identification. There is therefore no lack of logic in the reasoning, since the lack of logic must be manifestly perceived, whereas minimal inconsistencies must have no influence”
SCC ANNULLING H/Z p 70-71
“In reality, the notice taken of the witness’s statements, as pointed out by the Prosecutor General, is absolutely biased, since the sighting out of the corner of the eye referred to the girl’s exit from the shop, whereas the witness specified having seen her at a close distance (between 70‐80 centimetres), adding that she remained imprinted on his mind “because of her very light blue eyes”, her “extremely pale face”, and “a very tired expression”.
Moreover, the witness clarified in his testimony that he became convinced that the girl who appeared in the newspapers was the one he saw in the early morning of 2 November 2007, given that the colour of her eyes could not be ascertained from the photo, but that he became certain once that he saw the girl in the courtroom. The selection made from the pool of information was absolutely one‐sided, which distorted the evidence to the point of making it appear uncertain, whereas the witness explained the reasons for his perplexity and the development of his conviction in terms of certainty.
As noted by the Prosecutor General in the appeal documents filed, this portion of the report assumed relevance within the framework of the reconstruction and required an explanation based on an examination of the entire testimony; instead, through a process of unacceptable selection, only some of the testimony was considered to be of value, indeed, only that portion considered to be consistent with a [specific] conclusion, one that in fact required rigorous demonstration.
The result, once again, is blatantly and manifestly illogical. What is at issue is not a re‐evaluation of the evidence – which is obviously prohibited by this Court, as the Defence for the accused has justly pointed out – but rather the need to point out a glaringly evident flaw that consists of an intolerable chasm between what is stated by the witness and what is acknowledged in the justifying arguments, on a point of significant importance, since it concerns the foundation of the alibi.
On this point also, the new judgment will have to be conducted in light of the preceding observations.”
Given the above:
9. IT IS BEYOND REASONABLE DOUBT THAT MARCO QUINTAVALLE SAW AMANDA KNOX IN HIS CONAD SHOP AT AROUND 7:45 am ON 2 NOVEMBER 2007.
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.
To be continued, though we may need to wait until the end of June 2015 when SCC’s Motivazione is due.
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Saturday, June 13, 2015
Wide Concern In US At A Killer Groupie Who Helped Dangerous Killers To Escape
Posted by Peter Quennell
We have occasionally dwelled upon what drives killer groupies. The phenomenon is widespread and it has been around a long time.
A desperation for money and new jobs and status. Perversions, chips on shoulders, previous brushes with the law - that last driver actually accounts for about half.
Sheer besottedness is one quite common cause. Some people really do love dangerous jerks.
Now a killer groupie is responsible for a huge and expensive manhunt, and for hundreds of thousands 250 miles north of New York City and up into Canada locking their doors and buying guns.
They fear an attack, even death, from two dangerous killers on the loose.
The sole cause of their breaking out of a secure prison which had seen no prior breakouts in 150 years is a killer groupie, a woman married with children employed on the prison staff, who supplied them with power tools to cut their way out. and who was to drive the getway car.
Joyce Mitchell has been arrested and charged with a felony and may face eight years inside.
As she failed to turn up on the night - maybe cold feet, maybe a medical emergency as she seems to claim - the two killers are believed still to be close. Bloodhounds picked up a scent in marshes near the prison only a couple of days ago.
Nice going, Joyce, do call Amanda Knox. Oh, but wait…
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Thursday, June 11, 2015
Why This Offer Of Legal Funding To Amanda Knox May Not Be Such A Good Idea
Posted by Peter Quennell
Report on how hard it is in the US to get compensation - that could inspire a search for new markets
Wrongful convictions in Italy are extremely rare because of the multi-step process to final verdict mandated by law.
In the United States and other countries they are more common. It is not a given though for those innocents who do get released to be given a payment by the state. See the case in the video above.
Somebody on the staff - maybe Andrew Braithwaite - has issued this press release presumably aimed at a share of any proceeds. It does raises question in our minds about whether any due diligence was done, though it may be early days for that yet.
Cavalli Legal Finance Reports a Possible Wrongful Imprisonment Lawsuit
This press release was orginally distributed by ReleaseWire
Hamilton, NJ—(ReleaseWire)—05/28/2015—Settlement loans are now made available and applicable to wrongful imprisonment cases through Cavalli Legal Finance.
The Italian lawyer of Amanda Knox said a lawsuit is possible to be filed, although not certain, against Italy due to the wrongful detention of Knox, following her 7-year-old legal battle in Meredith Kercher’s murder.
In an email, Knox’s attorney Carlo Dalla Vedova said a lawsuit is possible, but they are not interested to make such move at the moment, and that he and his client have no discussion about it. Their option for a settlement loan was not also disclosed.
Italy’s highest court exonerated Amanda Knox, along with her Italian, former boyfriend Rafaelle Sollecito in the November 2007 murder of Meredith Kercher, Amanda’s British roommate.
Initially, both suspects were convicted in 2009. Sollecito was sentenced to 25 years imprisonment, while Knox received 26 years. In 2011, the convictions were overturned and Amanda returned to Seattle immediately. Under the personal injury cases, Amanda can file for a compensation claim, if the lawsuit has a good merit to win such legal battle, considering the incurred damages such as pain and suffering.
In 2013, their acquittals were both overturned, and just last year, their convictions were reinstated by a Florence court. Knox’s sentence was increased to 28 and half years. The recent ruling to exonerate both suspects was the criminal case’s final decision. Thus, a settlement funding could be availed by the convicts if they wish to.
According to the lawyer, the Italian Supreme Court should issue a written motivation by June 27, and if Knox pursues a lawsuit, the Italian law could provide a maximum of 517,000 euros as compensation, which is equivalent to $556,317. Knox can avail a lawsuit funding to pursue with the case.
Fortunately, Cavalli Legal Finance provides these services so as to help plaintiffs reach settled cases and compensation claims such as Knox’s case. The firm supports not only simple case, but also complex litigation like construction accidents and large complex litigation cases.
As they seem to have been blown some smoke, here are a few comments on the summary above of Knox’s legal history which Cavalli Legal Finance may find of help.
(1) Knox was released possibly illegally as her process was not done yet late in 2011 after an appeal trial which the Supreme Court in 2013 pretty well said straight-out was bent. The lead appeal judge was edged out and an investigation process still goes on.
(2) Knox was in prison for approximately four years. For three of those years she was imprisoned for the felony crime of calunnia for the false accusation of murder against Patrick Lumumba whose career she has pretty well destroyed. She still owes him approximately $100,000 in damages awarded him which she has still not paid.
(3) That sentence was signed-off on by ALL the courts - see the trial court ruling, the 2011 appeal court confirmation (which adjusted the sentence to three years), and the 2013 Supreme Court confirmation. End of the road. A felon for life. The 2015 Supreme Court ruling did not include this in its scope. No further route to appeal.
(4) That leaves one year in prison which in theory could be considered a candidate for a wrongful imprisonment suit. However the Italian Republic has a lot going for its side. For example, very careful process steps were followed and pre-trial Knox was given six opportunities to get the charges dropped. She failed at them all. The US Embassy in Rome had an observer in all courts and cables to Washington DC released reflect no complaints.
(5) The Italian Republic also has going for it that the terse Fifth Chambers verdict (which it still has to explain) actually can still be overturned if a fix was in or if it did not follow the law on what its role at final appeal should be. Questions about sufficient evidence are invariably referred back down to the appeal court; but that did not happen here. See explanations here and here.
(6) Knox is back on trial right now on a second calunnia charge which in theory, as a repeat offender, could carry a six-year term. This relates to her false accusations of crimes by interrogators which she made on the stand at trial in mid 2009 when trying to argue her way out of the first calunnia charge. Three court dates are in September of this year.
(7) Knox has a very dishonest book out in the US, and now Italy and the UK, for which she was said to have been paid millions, which is currently getting a very careful legal read in Italy. The book Waiting To Be Heard (an absurd title given how much she was heard - she has a long history of people trying to shut her up) actually repeats the same false accusations of crimes, with bells and whistles, which are the subject of the current calunnia trial #2. Excerpts from it in the Italian weekly Oggi already have that weekly publication on trial.
We could go on. After the Supreme Court ruling in March there was buzz, perhaps from the hard-pressed families, that lawsuits for false imprisonment would follow soon.
The Italian lawyers tamped that talk down fast, and Sollecito’s lawyers (one of whom is himself to go on trial) pretty well ruled it out entirely. They are said to see it as a slippery slope, an aggressive action, which could bring the castle of cards down fast.
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Tuesday, June 09, 2015
Why Desperation Sets In At The Pesky Similarities Between Amanda Knox And Jodi Arias
Posted by Chimera
1. The Incessant Comparisons
Google “Amanda Knox” along with “Jodi Arias” who was recently convicted of killing her ex-boyfriend and you will see what I mean.
Of comparisons between the two, there are many dozens. Some pieces damningly list the similarities, and then in numerous defensive comments the facts about the real Knox get mangled. Some pieces try to argue that there are differences, and in comments the writer’s numerous false claims get nailed.
To bring out quite forcefully the stark similarities, this post looks at the interrogations. At the time of this posting, Arias has been convicted of first degree murder, but sentenced to life without parole, since the jury would not hand down the death penalty.
Meanwhile, Knox has been provisionally found not guilty in a highly suspect Fifth Chambers action which might be overturned by an order of the President, or by a challenge by the Florence court, or by a challenge by another arm of the Supreme Court.
2. Similarities Under Interrogation
Below is all of Arias’s 2008 interrogation after her arrest (posted in 4 parts) with notes on some of the similarities. Knox was only ever interrogated once, on 17 December 2007 (at her own request), in a couple of hours, so I also draw on some of her other statements.
Most of what Jodi Arias says is just babbling and rambling, a trait common to Knox. But unlike Knox, Arias doesn’t have a media campaign going on to release her, and Arias hasn’t been able to bend or corrupt any courts.
Part 1 (2 hours 40 minutes)
Part 2 (2 hours)
Part 3 (2 hours)
Part 4 (2 hours)
My view from watching this: Arias is truly emotionally vulnerable here, but even so, her mind is constantly trying to get her out of this.
The problem is that she doesn’t seem to register just how much the contradictions ensnare her. Arias, like Knox, thinks she can talks her way out of anything. She seems stunned that her ‘‘little-girl routine’’ doesn’t win over the police.
Arias seems to think during the police questionings, she can simply make it all go away if she keeps denying. Problem is, her interview is riddled with partial admissions. Knox seems to think that she can win over the media if she keeps denying ‘‘she killed her friend’‘.
However, when Arias finally does testify, she is cold, sarcastic, and testy. (Sound familiar?)
I imagine if Amanda Knox ‘‘had’’ been formally questioned without lawyers, it would have looked something like this. Yes, it is segmented, but it would be mindnumbing to do a complete transcript. However, there were many gems from this questioning. It is chilling to watch, but if you can, do it, and ask yourself if that isn’t another ‘‘Knox’’ performing there.
Note these telling exchanges, all from Part 1
(5:46) Det. Flores: I travelled all the way up here to talk to you. Because, I’ve been working on Travis’ case ever since it happened. And I know exactly what happened, how he was killed. I know a lot of details. And just recently we found quite a bit of evidence, and I’ll discuss that with you. The main thing that I’m looking for though is answers, on why certain things happened, and also to get your statement.
(6:25) Arias: Okay.
(6:35) Det Flores: A lot of details in this case haven’t been released to the public or even to Travis’ family yet. And those details are known only to us, and to the person who did it. And that’s why we’re here. I believe you know some of those details, and you can help us.
(6:51) Arias: I would love to help you in any way that I can
One of the most laughable statements ever made in the case. 8 hours later, she still won’t give them a straight answer.
(8:45) Arias: Should we record this? (reaching for the remote).
Seriously? Arias has been arrested for murder, and her first act is pretend to be ‘‘helping the police’‘. A bit like Knox, who insisted she was helping the police, even after being charged with Meredith’s murder
(10:35) Arias: I know that people have been posting a lot of really nice things on Facebook, you know, memories, and I thought maybe I should do that. And I realized looking back in it is sounded immature, more like a ‘‘Dear Travis’’ kind of letter, so I took it down…
(10:53) Det Flores: Personal?
(10:55) Arias: Yeah, some of it was personal, not too personal, nothing inappropriate.
At least least Arias isn’t emailing people questions about whether Travis likes anal, or what he uses vasoline for. Give her some credit.
(12:00) Arias: I didn’t realize until I was speaking with Ryan Burns, the guy that’s in Utah. We’ve been talking, we try not to talk about that, because it’s kinda like ... ugh (makes disgusted face). And plus Travis is my ex-boyfriend, so, when you’re mourning your friend, how do you talk to to your new potential mating person? .... So, it’s kind of a grey area.
Yes, Jodi thinks dead bodies are ‘‘yucky’‘, and that mourning an ex, while talking to a new potential partner is a ‘‘grey area’‘. Did she go run off to buy any lingerie?
(12:15) Arias: I try not to talk about it too much, but he [Travis] comes up a lot
Your ex-boyfriend was stabbed 29 times and shot in the head. Annoying, how often ‘‘he’’ comes up.
(12:20) Arias: And it was though him [Ryan] that he thought things were really weird, and some think that you had a hand in it.
Maybe because you find the topic of your ex so annoying when you try to spend time with new boyfriend….
(12:28) Det. Flores: I’ve talked to a lot of people. And everyone is pointing the finger at you.
(12:35) Arias: I know.
(12:36) Det Flores: Everyone is saying - I don’t understand what happened to Travis. I don’t know who killed him, but you need to look at Jodi. And sometimes the simplest answers are the correct ones.
Something Knox found out (and soon Arias soon will), is that when you have suspicions about someone, you bring them up immediately. You don’t wait until you become a supect yourself.
(13:30) Det. Flores: I know that you still had a relationship of convenience, even though you were not boyfriend/girlfriend anymore, that you two were still having sexual relations with ...
(13:45) Arias: Does his family know? Just curious.
(13:50) Det. Flores: No, his family doesn’t know anything.
(13:54) Arias: I’m interested in protecting how he is remembered as well.
Another laughable claim. Jodi would later accuse him of everything from being abusive and controlling to pedophilia. Knox uses Meredith’s memory to cash in on a blood money book ‘‘Waiting to be Heard’‘, does dozens of interviews claiming to be a victim, and uses her website to raise money for her legal fees to get off on Meredith’s murder.
(16:10) Arias: Too much of my nightlife was about him [Travis]. He would text ‘‘hey I’m getting sleepy….. zzzz’‘. That was his code for ‘‘coast is clear, come on over’‘. (long, unrelated rambling).
Less than 3 minutes after saying she wants to protect how Travis is remembered, Jodi is already implying Travis is horny, and leaking unnecessary details. An attempt to smear him? Who else does that?
(19:20) Arias: I used to always joke, ‘‘that, regardless of what the Bible says, and yes I’m Christian, I just live my life by the 10 commandments, and that those are my rules,
‘’ .... so I always used to joke about that.
Your ‘‘friend’’ has been savagely stabbed to death, and after being arrested you are making jokes about fornication. Who else would make such jokes after the loss of a close one?
For the next 15 minutes Arias babbles on about unrelated things. Det. Flores has incredible patience, as most would have slit their wrists listening to her. But finally he tries to pull Jodi back to the topic at hand.
He makes several attempts, but Arias keeps trying to divert the topic away from Travis and his death. After about 1/2 hour of Jodi talking nonsense, Detective Flores tries to get Jodi to give a timeline and direction of her travels.
(52:20) Det. Flores: So, you took this trip and you left on Monday the 2nd until Thursday?
(52:44) Arias: I think so.
(52:50) Det. Flores: So, we have here about 48 hours…. this trip would take you a little over 48 hours…. I have a problem with this trip.
(53:06) Arias: Well I first went to ....
(53:30) Det. Flores: I’ve gone over this trip over and over in my mind. There’s still 20-some odd hours, even if you pull over to sleep, a couple of times ....
(53:42) Arias: Did I tell you I got stranded?
(53:46) Det. Flores: Yeah, you mentioned that. If you slept for 10 hours, here and here (pointing on map), it would still leave 18 some odd hours, for something else. This is the trip that people are focusing on. People are saying that she left .... Travis was killed on Wednesday.
(54:22) Arias: I did not go near his house.
(54:27) Det Flores: I pulled your cell records. Your cell phone was turned off, between here and here (indicates on map). What does that show me?
(54:45) Arias: No, no, no.
(54:50) Det. Flores: Is there plenty of time for you to do this? Yes. And do I believe that you had come to visit Travis? Yes. Did you have the opportunity? Yes, there were no other witnesses.
(55:10) Arias: Well, I didn’t turn it off physically, but it died.
(55:16) Det. Flores: And you magically found your charger here? (pointing on map)
(55:20) Arias: It was under the passenger side of the front seat.
(55:23) Det. Flores: When you were lost, you couldn’t have pulled over and found it?
(55:41) Det. Flores: I’ve been focusing on why your phone turns off here, outside of Los Angeles ... because the [Highway] 15 goes through Las Vegas. It never goes through Arizona.
Detective Flores zeroed in on a huge gap Arias’ timeline. Why did a 48 hour trip take more than 3 days? He also noted that her cell phone was not active for most of that trip.
In Peugia, the police had noted a discrepancy in Sollecito’s timeline. He claimed to have reported the burglarly then waited outside for the police. In fact phone records showed the Postal Police showed up about 15-20 minutes before he made the call. It was later discovered that Knox and Sollecito had turned off their cell phones (something they never did), during the time of the murder.
(58:25) Det. Flores: Were you at Travis’ house on Wednesday?
(58:28) Arias: Absolutely not. I was nowhere near Mesa.
She is very sure then, but with some more questioning, she will not only be there, but a witness to the actual murder.
(58:40) Det. Flores: What if I could show you proof you were? Would that change your mind?
(58:45) Arias: I was not there. (trying to look convincing)
(58:59) Det. Flores: You were at Travis’ house. You had a sexual encounter. Which, there’s pictures. And I know you know there’s pictures, because I have them. I will show them to you. So, I am asking you to be honest with me. I know you were there.
(59:30) Arias: Are you sure that those pictures aren’t from another time?
(59:35) Det. Flores: Absolutely positive.
(59:40) Arias: The last time I had any sexual contact with Travis was in May.
(59:55) Det Flores: You know how I told you about the camera? The camera was damaged. Someone put it in the washing machine, ran it through a wash cycle, with some clothes of Travis’, but the card is intact. You know how I told you the card was destroyed? I didn’t want to tell you the truth, because I wanted to make sure the photos were accurate. We can pull deleted photos, even from 6 months ago. And I have pictures of you and Travis.
(1:01:00) Arias: Are you sure it was me? Because I was not there.
(1:01:00) Det. Flores: Jodi, it’s you.
Arias is trying to look and sound convincing, but her denials come out weaker and weaker. But the stunned look shows through.
(1:01:55) Arias: I didn’t hurt Travis. He’s done so much for me.
But like your Seattle ‘‘colleague’’ you will soon trash the memory of the person you called a friend.
(1:02:00) Arias: I lived there. I lived there for months and months.
Pretty much the excuse Knox used to explain her DNA being everywhere.
(1:02:15) Det. Flores: I know you took pictures in the shower just before he died.
(1:02:29) Arias: I don’t think he would allow that
Either you did, or you didn’t.
(1:05:30) Det. Flores: our record indicate you reported a gun stolen, a .25 auto, which just happens to be the same caliber used to kill Travis.
(1:06:10) Arias: A .25 auto was used to kill Travis?
Using a ‘‘drop piece’‘, reported stolen, brought to the murder scene. Knox brought one of Raffaele’s knives.
(1:06:18) Det. Flores: Do you want to see pictures of him?
(1:06:25) Arias: Part of me does, part of me doesn’t.
(1:06:30) Det. Flores: Why, because you don’t want to remember?
(1:06:35) Arias: No, there’s a morbid curiosity.
Arias is curious to see photos of Travis. In fact, she asks several times to see photos of him (after the fact). The detectives wonder if it is to help her come up with a story, but it is possible she just wanted to see her handiwork
Knox had also made several public demands to visit Meredith’s grave. Creepy as hell.
(1:06:50) Det. Flores: I can’t deny this evidence. The trip you took doesn’t make any sense, the opportunity was there, the pictures on that date with him, your blood is in the house - mixed with his, not alongside, but mixed, your hair is there is blood, and your palm print is there, in blood. Your image is not important, saving the rest of your life is.
(1:07:30) Arias: Listen, if I’m found guilty, I won’t have a life. I’m not guilty.
To compare Det. Flores’ listings: Knox’s account of the night/morning made no sense; she had access and opportunity; she had 5 spots of mixed DNA with Meredith, and oddly, NO fingerprints were found in Knox’s own home.
Jodi’s denial is extremely weak, just like many of the ‘‘no evidence’’ denials that Knox makes.
(1:08:20) Arias: I’m not a murderer, but if I were to do something like that I’d wear gloves, or something.
Wow…. way to be convincing.
(1:09:35) Arias: Let’s say for a second that I did. Suppose I say I did. Why
(1:09:50) Det. Flores: The motive is there. Anger, jealousy ....
Knox frequently argued along the lines of ‘‘there is no motive for me to do this’‘.
(1:29:30) Arias: If I was ever going to try to kill someone, I would use gloves. I’ve got plenty of them.
This is the second time Jodi mentions this. Like Amanda, she knows a little something about C.S.I.
(1:29:55) Det. Flores: Would they see your car, or did you park it down the street?
(1:30:05) Arias: No, they would see it, I drove an Infinite.
(1:31:42) Det. Flores: You know that all rental cars have GPS on them? For us to use….
(1:42:15) Arias: Is it possible that my memory card was in his camera, and they are interchangeable?
(1:43:30) Det Flores: You’re saying that someone took your pictures and your memory card and was framing you?
Knox has written before that she thinks Raffaele planted her fingerprints on the knife used to kill Meredith. Everything is a conspiracy.
(2:01:00) Arias: I’m trying to put his death behind me.
So…. you just want to get on with your life?
3. Numerous Other Similarities
- Arias had cuts on her fingers which she said was from ‘‘dropping glass’‘. She claimed that happens regularly. Police believed it was from the knife slipping in her hand.
- Knox had a cut on her neck which she said was from a ‘‘hickey’‘.
- Arias claimed her phone died while on the road and that she found her charger later
- Knox claimed she turned her phone off so she would not receive a text in case Patrick wanted her to come in afterall. She previously claimed that it was to preserve the charge for her Gubbio trip
- Arias was asked if anyone else was present at the scene. She invented a story about 2 masked intruders.
- Knox was told Sollecito removed her alibi. She invented a story about Lumumba doing the crime.
- Arias has given prison interviews and basked in the limelight
- Knox has given interviews since being released from prison and basked in the limelight.
- Arias refused her own suggestion for a lie detector test since if it wouldn’t help her in court,
- Knox says she will take a lie detector test, but never has.
- Arias attempted to destroy evidence, including attempting to destroy a camera in the washing machine.
- Knox attempted to selectively clean the crime scene, and pin it all on Rudy Guede
- Arias had the foresight to clean her feet before, going to the washing machine to throw the camera in.
- Knox (or Sollecito), had the foresight to clean his/her feet before going into Amanda’s room to grab the lamp.
- Arias had the foresight to clean her hands before grabbing Clorex to put in the washing machine
- Knox had the foresight to leave Meredith’s lamp, but use her own and wipe it for prints
- Arias put her licence back on upside down (it was removed while at Travis’ house).
- Knox put the bathmat (with Sollecito’s footprint), back upside down
- Arias staged a prior break-in so she could report a gun stolen, which she would later use.
- Knox staged a prior break in and later used some techniques on Meredith.
- Arias planned it by using a ‘‘trip to Utah’’ as a way of explaining her time away.
- Knox planned it by waiting for a time when no one else was home.
- Arias tried to wash Travis’ body to destroy evidence.attempted to destroy evidence.
- Knox (and Sollecito), stripped Meredith down to make it look like a rape.
- Arias called Travis’ phone and left voicemails to make it look like she didn’t know he was dead.
- Knox called Meredith’s phone to make it look like she was trying to reach her.
- Arias had sex with Travis prior to killing him
- Knox had sex with a drug dealer (Federico Martini), before and after killing Meredith.
- Arias caused Travis to think she was dangerous and a stalker, leading to police suspicion after.
- Knox caused Meredith and others to think she was pushy and weird, leading to police suspicion after .
- Arias rented a car, bought cans of gas (to avoid stopping at gas stations), reported her gun stolen (so suspicion wouldn’t be aroused), and turned off her phone.
- Knox brought a knife from Raffaele’s flat, brought 2 ‘‘frame-able’’ accomplices, chose a night no one was home, and turned off her phone.
- Arias attempted to rain hostility down on prosecutor Juan Martinez.
- Knox attempted to rain hostility down on prosecutor Guiliano Mignini.
- Arias flirted with the police who arrested her.
- Knox flirted with court officers.
- Arias went to her current boyfriend as if nothing happened.
- Knox went back to her life, including missing Meredith’s memorial.
- Arias murdered her ex-boyfriend.
- Knox murdered her roommate.
- Arias called Travis repeatedly just to hear his voicemail. Stalker?
- Knox texted Meredith repeatedly the day before. Stalker?
- Arias was born July 9, 1980.
- Knox was born July 9, 1987.
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Wednesday, June 03, 2015
Relevance Of The Ship Which Has Sunk In The Yangtze To National Justice System Upgrades?
Posted by Peter Quennell
Regarding the ship which just sank in the Yangtze River with a probable 400-plus deaths, and its relevance to justice systems everywhere?
Well, small inland ships (which are those most prone to a high death-rate) and their rules and regulations are outside the scope of the international body which sets rules and upgrades systems for seagoing vessels.
That is the United Nations agency in London called the International Maritime Organization or IMO. Small inland ships are unregulated unless the relevant government has unilaterally acted.
The IMO sets safety rules including design elements and it advances better rules and systems through conferences and training. It runs a big school in Sweden.
The IMO is NOT part of a world government, or a top down organization; like all of the UN development agencies it is a horizontal network, in its case of all the national maritime agencies in the world.
Their administrators and experts are incessantly heading to London to advance maritime matters in working groups. (The US is a big and enthusiastic player in all of the UN agencies via the relevant Federal departments - agriculture, health, transport, and so on.)
So in China, watch out for a bunch of systems changes with regard to those small vessels. But watch out also for a bunch of systems changes via the IMO at the global level, to try to head off more such catastrophes and to get the best possible rescue efforts going much faster.
The relevancy here?
In justice systems also, many lives are in the balance. But as mentioned in previous posts, the UN doesnt have an agency for justice systems upgrades, or even for a static thumbnail view of each one. It only has a small public administration development unit within the “United Nations proper” in New York.
There is no way that that unit is appropriate to resolving the huge and complex problems in the videos in the post below.
A lesson learned maybe above all others in the UN is that major system change should NOT be attempted in national or local isolation. It is too costly, and way too inefficient, and participants soon tire themselves out or loose interest.
Ideally a few or many countries all set about systems upgrades in parallel processes and they watch and share with one another.
The justice-systems problems in the videos below have many things in common. They seem very ripe for a global effort on the lines of maritime systems. Maybe Italy and the US could each contribute greatly to getting that alive.
Its not beyond us to explain this and to try to push for it. This would kinda trump calling top justice officials of this or that national system corrupt or bungling or criminal.
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Friday, May 29, 2015
Justice System Reform Is Suddenly Everywhere On The Front Burner
Posted by Peter Quennell
1. The Justice System In The US
2. The Justice System In Mexico
3. The Justice System In China
4. The Justice System In Turkey
5. The Justice System In Britain
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Sunday, May 24, 2015
When Not Itself Nefariously Influenced, Italy’s Supreme Court Usually Sustains A Hard Line
Posted by Peter Quennell
The President of Italy at the first of a planned series of anti-mafia rallies
If there are any jurists in Italy who think the Fifth Chambers respected the law and the huge evidence, they are sure not speaking up yet.
A bent outcome? Certainly there have been attempts by organized crime and other unsavory elements to bend all the Italian courts at all levels (think Hellmann) and even at the Supreme Court level there seem to have been instances of successful bending.
But whereas in the US the administration of most justice is highly localized and most jurists have to run to keep up with evolving cases and trends in their own states, justice in Italy is highly centralised and all judges and lawyers follow all main cases.
Routes are many to keep an outcome that stinks from being left that way.
We are told to expect a scathing outpouring from numerous jurists when the Fifth Chambers pushes its report out. Also almost certain legal action and possible retaliation against Judges Marasca and especially Bruno via the powerful Counsel of Magistrates.
As their nervous defense lawyers will know all too well, two things in particular are not auspicious for Knox’s and Sollecito’s final outcome.
First, a huge push is now starting to finally rid Italy of the mafias. Like it or not Sollecito is related to mafioso of the same name and the seaside town in the Dominican Republic which he visited several times in recent months is said to be a thriving mafia hangout.
Now President Mattarella (himself a judge and mafia fighter) has kicked off a series of rallies throughout Italy to give all of the population courage and positive expectations. If he is appealed-to to reverse the Fifth Chambers verdict in Meredith’s case and he suspects organized crime had a vested interest in humiliating the Florence courts he may side with that appeal.
Second, if Cassation finds a way to revert to form on Meredith’s case it can be expected to reflect the hard line it demonstrated against the Hellmann-appeal outcome in 2013 and the hard line in for example this case among many similar.
Partners who manifest extreme jealous behaviour towards their other half are guilty of mistreatment, Italy’s highest court of appeal has said.
Italy’s Court of Cassation on Thursday overturned the acquittal of a Sicilian man for mistreating his wife.
The husband, who is from Sicily, allegedly suffered from “morbid jealousy”, also known as “delusional jealousy”, a psychological disorder in which a person wrongly believes their spouse or sexual partner is being unfaithful without having any real proof to back up their claim.
His jealous behaviour included constantly accusing his wife of being unfaithful, reading her text messages and even demanding that their daughter get a DNA test.
According to the Italian daily Il Fatto Quotidiano, his behaviour was so extreme that his wife even quit her job as a flight attendant because he said the job was “not suited to a respectable woman”.
In May 2014 an appeal’s court in Palermo, Sicily, acquitted the man of mistreating his wife.
But on Thursday Italy’s highest court overturned the acquittal, stating that such behaviour amounted to “psychological harassment”, a crime punishable by law.
“Constantly hassling the spouse with continuous manic and obsessive behaviour inspired by morbid jealousy constitutes mistreatment,” the court said, according to Il Fatto Quotidiano.
His behaviour caused “significant imitations and constraints in her daily life and choices, as well as an intolerable state of anxiety,” according to the court.
The case has now been reopened and the woman’s claims will be evaluated in another hearing, the paper said.
Jealousy a crime? Isn’t jealousy widely seen as a Knox trademark?
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Thursday, May 21, 2015
Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #3
Posted by Cardiol MD
1. This Series’ Foreboding Context
On March 27th, 2015 Cassation’s Fifth Chamber announced that it had decided that Amanda Knox and Raffaele Sollecito were not guilty of the November 2007 Murder in Perugia of Meredith Kercher.
The Fifth Chamber is but one of Cassation’s more than 75 Panels. It’s reporting Judge is Antonio Paolo Bruno. He mas dismissive of the massive evidence. He was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
Posts #1-#2 addressed the fact that, contrary to Judge Bruno’s pronouncement, the trials had Many Certainties, listing them under 30 enumerated Headings, but in total, there were many more Certainties and Certainly-Nots, listed in sub-headings.
The existence, timings, durations, and general locations of All the telephone calls are Certains, or Certainly-Nots. They bring the Total up to Many; Many more than 30; Certainly Not “not many”, as Judge Bruno asserted, Inappropriately, Deceptively, and Prejudicially.
Note the distinctions between when, and where Message-Received, and -Sent, versus When, Where and Whether Message-Read, e.g. Knox was near the Women’s Villa when her Telephone received Lumumba’s crucial message, but allegedly at Sollecito’s Flat when she First-Read his message. In Knox’s officially reported Q&A Testimony there was Confusion and Ambiguity over this issue, exploited to Knox’s advantage
2. Certainties 31 to 42
31 THE FINAL FATAL SEQUENCE
Details of the Fatal Sequence have been masked, over the years, apparently for humanitarian considerations, but such details should be available to readers who wish to more-objectively assess culpability. Here is what we have deduced:
Massei disagreed with the Reconstruction proposed by the Prosecution, which depicted Meredith on her knees, facing the floor:
a. Massei concluded that Meredith was in a standing position, facing her attackers:
MASSEI PAGE372-373: “…considering the neck wounds sustained, it must be believed that Meredith remained in the same position, in a standing position, while continuously exposing her neck to the action of the person striking her now on the right and now on the left. Such a situation seems inexplicable if one does not accept the presence of more than one attacker who, holding the girl, strongly restrained her movements and struck her on the right and on the left because of the position of each of the attackers with respect to her, by which it was easier to strike her from that [ End of p372; Start of p373: ] side. …”
b. Meredith’s autopsy was performed by Dr. Luca Lalli, but his detailed findings are not included in Massei’s report, they await their Translation into English.The Massei report includes only a limited paraphrase of Lalli’s findings.
32 CERTAINTY ONE re FINAL FATAL SEQUENCE
In “Darkness Descending - the Murder of Meredith Kercher” Paul Russell (Author), Graham Johnson (Author), and Luciano Garofano (Author) give clearer, more detailed descriptions of Dr. Lalli’s findings than Massei does.
On pages 72-74 of DD it emerges that the cut (Stab A) made by A large knife in Meredith’s neck was on the left-side, ran obliquely from left-to-right, almost parallel to her jaw, and slightly Upwards.
33 CERTAINTY TWO re FINAL FATAL SEQUENCE
DD does state that the knife entered 8cm vertically below her left ear, 1.5cm horizontally towards the front of her neck, but does not specify the cut’s length.
34 CERTAINTY THREE re FINAL FATAL SEQUENCE
A large knife created a gaping wound, visible only through the opened-skin of the Left-Side, continuing its travel under the skin, traveling across the mid-line plane, towards the right-side, exposing the oral cavity, fatty tissues and throat glands. Important jaw muscles were also severed.
35 CERTAINTY FOUR re FINAL FATAL SEQUENCE
As DD states, there was another stab wound (Stab B) on the right-hand side of Meredith’s neck, 1.5 cm long, penetrating 4 cm subcutaneously.
36 CERTAINTY FIVE re FINAL FATAL SEQUENCE
Stab B was made by a Knife smaller than the above large knife.
37 CERTAINTY SIX re FINAL FATAL SEQUENCE
The wound was shallow, did not create a gaping wound, did not cut important subcutaneous structures, but did create a route to the exterior through which blood from Stab A, then created by the large knife on Meredith’s left side could also exit to Meredith’s right side.
38 CERTAINTY SEVEN re FINAL FATAL SEQUENCE
g. The large knife had damaged no significant vessels of the Left-Side.
39 CERTAINTY EIGHT re FINAL FATAL SEQUENCE
i. Blood also flooded the subcutaneous tissues around the breech in the right-hand side of Meredith’s airway caused by the knife-stab on the left-side of her neck.
40 CERTAINTY NINE re FINAL FATAL SEQUENCE
j. This resulted in Meredith’s inhalation of her own blood.
41 CERTAINTY TEN re FINAL FATAL SEQUENCE
k. Meredith stops screaming, but now her blood seems to be everywhere, including over her attackers, and they quickly abandon her, already evading the accountability they are fully aware is theirs.
42 CERTAINTY ELEVEN re FINAL FATAL SEQUENCE
l. As DD comments, during Meredith’s Autopsy surprise was expressed that the Jugular Veins and Carotid Arteries (of both right and left sides) were intact.
Others who read about this murder, had concluded-then that the killers must have known about the major blood vessels (MBVs), but not about branches-of-Carotid-branches such as little RSTA.
3. Plus Beyond Reasonable Doubts
BEYOND ANY REASONABLE DOUBT ONE re FINAL FATAL SEQUENCE
c. Accepting Massei’s conclusion, Knox and Sollecito were standing-up and facing Meredith in Meredith’s room. Knox, Sollecito and/or Guede, were participating in the restraining of Meredith.
BEYOND ANY REASONABLE DOUBT TWO re FINAL FATAL SEQUENCE
d. Sollecito (or Guede) was holding the smaller Knife, probably in his right hand. This smaller knife made Stab B.
BEYOND ANY REASONABLE DOUBT THREE re FINAL FATAL SEQUENCE
Stab B preceded Stab A, and caused Meredith’s scream.
f. When Meredith screams Knox plunges Knife36 into Meredith’s neck in the above long-axis direction, from left to right, transecting Meredith’s Hyoid bone, first opening Meredith’s airway to the atmosphere, then transecting Meredith’s Right Superior Thyroid Artery.
BEYOND ANY REASONABLE DOUBT FOUR re FINAL FATAL SEQUENCE
e. Knox was holding Knife36, probably in Knox’s right hand, holding Knife36 against the left side of Meredith’s neck with Knife36’s point directed slightly upwards the right side of Meredith’s neck, the blade-label facing towards Knox, the palm of Knox’s right hand also facing towards Knox and the long-axis of Knife36 angled a few degrees above horizontal.
BEYOND ANY REASONABLE DOUBT FIVE re FINAL FATAL SEQUENCE
f. When Meredith screams Knox plunges Knife36 into Meredith’s neck in the above long-axis direction, from left to right, transecting Meredith’s Hyoid bone, first opening Meredith’s airway to the atmosphere, then transecting Meredith’s Right Superior Thyroid Artery.
BEYOND ANY REASONABLE DOUBT SIX re FINAL FATAL SEQUENCE
h. A thin stream of bright-red blood spurted from this artery to its exterior environment, probably through the cuts made in her skin to the outside by both knives.
(Consistent with bleeding from both cuts, Follain, in his book “A Death In Italy” states that Guede saw that blood was coming out of the left side of Meredith’s neck. Follain also states that Francesco Camana of the Rome forensic police, in Camana’s written report, that spurts of blood in the middle of Meredith’s chest made her sweatshirt more bloody on the right side than on the left side)
BEYOND ANY REASONABLE DOUBT SEVEN re FINAL FATAL SEQUENCE
i. The large knife was Knife-36, which had been brought to the murder room from Sollecito’s kitchen.
This series continues here.
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Monday, May 18, 2015
“What It Feels Like To Be Wrongly Accused” Could This Be Amanda Knox’s More Truthful First Draft?
Posted by Chimera
What finally was published. You may decide if this was a scrapped first draft, with due caution!
I wanted to get it all out now, so I don’t have to keep explaining it a a hundred times, like I have been on CNN, ABC, NBC, Daybreak, or my memoir, or anyone else who would listen.
I have this dream in my head that when you accuse someone of a horrific act they didn’t do, they inevitably experience shock, disorientation, confusion. They will likely get their name and photo in the paper, and forever be associated with a vile deed. The emotional scars will remain, and their families and friends will abandon them or at least lose trust. However, they did not suffer nearly as bad as you have, as some trauma, such as being slapped in the head, broke you down emotionally.
In all honesty, I know this is as strange to me as it is to everyone else. Since most people don’t angrily deny false accusations, they just let the pressure squeeze their temples, and they let it become hard to concentrate. But they are clearly acting suspiciously, if they don’t remember a fact correctly. But even when they are locked up for that vicious crime, it has to be considered that they are still trying to help the police.
Truthfully, when you falsely accuse someone of murder, police strangely wonder why you did not bring this knowledge up before. You try to keep a straight face, but there is tension in your right eyebrow, and below your right nostril and sometimes triggers you to twitch uncontrollably, making you self conscious about looking people in the face. There’s a pinpoint knot that spasms between your heart making it hard to sit still, as your lies are crumbling around you.
But the truth is, this is still much easier than being outside a murder room with your hands over your ears, while your ‘‘friend’’ is being murdered. After all, it could have been you. The stress is causing you to vaguely remember things, about obscure texts, and to forget if your boyfriend is with you. The stress causes you to smell, even after taking a shower, and to wake up first thing in the morning to buy bleach, as a sudden urge for housecleaning is therapeutic.
Honestly, it can be incredibly stressful to have to release this sudden burst of energy. You yell, are anxious, and hit yourself in the head. The police try to calm you down with food and drinks, but the visions and dreams are tormenting you, as you imagine that you have witnessed something horrific. Yes, your friend let out a huge scream as she died, but you are not really lying when you tell the police who did it. After all, your 2 hour police interview, or was is 14, 35 or 50? Or 150?... was tantamount to torture, and you should not have to be subjected to the stress of having to explain yourself a hundred times while the police investigate the murder of your friend. You suffered too.
My best truth is that when people don’t trust you after making these false accusations, the anxiety arrives even at the most safe and casual of circumstances. You’re hypersensitive to what people say, and how they say it. They seem skeptical when you refer to things constantly as your best truth, or the truth you remember, or the truth you think is closest to the truth. There is an accumulation of primal anger and grief that can give no satisfactory expression when you start talking about visions you had, or how you vaguely remembered something happening. There is always this thought: how can you reconcile with significant parts of society whose trust you have abused?
I have nothing but lies to be afraid of. But people take things out of context. Saying someone had their f***ing throat slit is a way of explaining how a person died (even if I didn’t ‘‘officially’’ know it). That person was my friend. People can’t admit they were wrong when I make gurgling sounds and call blood ‘‘yucky’‘. The can’t admit their mistakes when I say I only knew someone for a month, and want to get on with my life. That person was my friend. They find fault with everything when I say ‘‘shit happens’‘, and miss the memorial, because someone else made the decision for me. That person was my friend. They come up with speculation, and twist things around, and they are haters, when they complain about me wearing Beatles T-shirts in court.
In my head, the trauma felt by the victim of a wrongful accusation is foreign and unimaginable to the majority of people, that’s why I am here to help. By that I mean write this story, not just make up (more) false accusations.
But, in the closest version of the truth, these are the questions that need answered: Why is the person I falsely accused angry with me? Why is he not angry with the police for arresting him? And why are the police now suspicious of me after making a false accusation? Can they not see that I am a good person? Why are people angry when I give interviews of get a million dollar book deal? Can they not see I’ve suffered? I mean, my friend (whose name I forget), was murdered, but it could just as easily have been me. Why are people persecuting me? (loud sigh)
Honestly, I am a victim here. Why can you not see that?
Anyway, that’s all for now. Just need to get on with my life.
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Thursday, May 14, 2015
Updates: Sollecito’s Trial For Vilipendio And Diffamazione, Knox’s Trial For Calunnia #2
Posted by Peter Quennell
They are each essentially charged for lying to poison public opinion against officials, and Sollecito against the system, to try to win themselves illegal breaks at their murder trial and appeals. Knox in court in 2009, and Sollecito in his book in 2012.
The weekly magazine Oggi is also on trial for jubilantly publishing some of Knox’s numerous lies.
Yesterday in a Florence court a new court translation of the passages from Sollecito’s book fully quoted here were accepted by the presiding judge. They differed little if at all from what the prosecutor filed last year and brought the defenses no joy. Right now both the defenses seem stuck.
And on June 9th the calunnia trial against Knox will start in a Florence court. It would be smart for her to be there, as Sollecito usually is. As mentioned above, Knox is already indicted.
It is not clear who her lawyers will be. Sollecito had to field a new team. Ghirga and Dalla Vedova both helped Knox with her defamatory book and with her defamatory email to Judge Nencini in December 2013 in which Knox ludicrously claimed she had been tortured (for the mundane truth read here) and like Bongiorno and Maori they could feel they have conflicts here.
On June 16 Dr Mignini will testify in the Oggi trial in Bergamo north-east of Milan where Oggi is based against the editor Umberto Brindani and the reporter Giangavino Sulas for publishing illegal claims made in Knox’s 2013 book.
At that hearing Knox’s book may finally become the subject of charges on the same lines as Sollecito’s book. Italian legal opinion is not supportive of the pair or the sleazy moves that led to Cassation giving them a break
That break looks increasingly temporary now. Sollecito could face big fines and Knox could face up to six years. Brighter bulbs would have realized it is best not to confront Italian courts.
Archived in Those who were charged, Amanda Knox, Those officially involved, Police and CSI, The prosecutors, Trials 2008 & 2009, Massei defense, The Massei Report, Other legal processes, Knox diffamazione, Knox-Mellas team, Knox book hoaxes
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Saturday, May 09, 2015
Why Italy Doesnt Look For Guidance On Its Justice System From What It Sees As Foreign Smartasses
Posted by Peter Quennell
Read our numerous posts setting right for example the false claims of Michael Heavey and Steve Moore. And then read this post and this post and this post and these new stories on US justice. And then answer the question below.
Michael Schwanke: Koch behind push to overhaul criminal justice system
Each year it’s estimated the United States spends almost a $100 billion on prisons. According to Mark Holden, Senior VP at Koch Industries, that’s three to four times what the country spends on education.
Holden and Charles Koch authored a letter titled “The Overcriminalization of America” and now are behind a nationwide push to overhaul the criminal justice system.
The letter points to the many federal laws created over the years. “Congress creates, on average, more than 50 new criminal laws each year. Over time, this has translated into more than 4,500 federal criminal laws spread across 27,000 pages of the United States federal code.”
“We all agree that our system isn’t working. Whether you’re a conservative, evangelical, social liberal, progressive, or libertarian there’s something for you. I don’t think there will be a lot of negative reaction to it,” says Holden speaking to Eyewitness News after addressing the downtown Rotary.
Holden says the U.S. accounts for about five percent of the world’s population, but holds 20 percent of the prison population. Most are non-violent offenders. Holden says one in three people in the U.S. has a criminal record which leads to poverty and joblessness.
Cara Tabachnick: Poll: Young Americans have “little confidence” in justice system
Nearly half of American young adults lack confidence in the nation’s justice system or don’t trust their local police to do the right thing, though that perception is deeply divided by race, according to a national poll of 18- to 29-year-olds released by Harvard’s Institute of Politics at the John F. Kennedy School of Government.
African-American youth had the deepest distrust of the nation’s criminal justice institutions, with 79 percent of those polled expressing little to no trust in their local police department to do the “right” thing.
Hispanic youth weren’t far behind, with 62 percent of those polled expressing little or no trust in their local police force. In stark contrast, just 31 percent of the white youth polled expressed little or no trust.
More than 3,000 people were polled by the Harvard Institute of Politics between March 18-April 1, on questions of criminal justice and other issues, including politics, climate change and terrorism.
Over all, there was an even split on the U.S. judicial system’s ability to “fairly judge people without bias for race and ethnicity.” About 49 percent of those polled said they have little to no confidence that the justice system can operate without bias.
Jason Fyk: Baltimore’s Criminal Justice System Is Corrupt, I Know Because I Was Imprisoned there
n 2011, I was arrested by Baltimore City Police on charges of conspiracy to commit first degree attempted murder.
You might be asking yourself, “Why? What did he do?” I took a cell phone video of a small drunken scuffle in a downtown Baltimore parking garage. I was not a participant in the fight, nor was I an instigator. Despite what the facts of the situation presented, a personal family relationship with one of the so-called “victims” took precedence over the law. What started as a typical two-sided misdemeanor became a one-sided fight for freedom. I spent 50 days in the Baltimore City Detention Center facing two life sentences, and a host of other charges mounting to well over 200 years in prison, all for simply taking a video.
I’ve seen the corruption firsthand. I’ve seen how a law enforcement agent’s personal agenda can destroy a life. I’ve seen how charges are ramped up in order to make a lesser charge stick. I’ve seen detainees entering jail with worse injuries than the participants in the fight I captured on video, all at the hands of police. I’ve also seen the corruption that resides in BCDC on my 50-day tour of the jail.
The conditions at this facility were sub-human, in some cases. Ignoring the mice, cockroaches and decaying conditions, basic necessities of life were severely lacking. The food was nearly inedible and, in some cases, hazardous. For example, the drink flavoring had a poisonous emblem on it, eggs were often brown and rotten when served, and during my stay we even lost water for four days, which meant toilets and sinks did not work. All we had was a cooler jug that was brought in to drink from. Showers were so hot (not adjustable) you could not stand in the water. I saw a detainee drop on the floor, having a seizure from withdrawal, because drugs are not administered for close to a week after arrival. My experience in jail was that of an educated observant, and what I saw was appalling. The list goes on and on.
So Italy or the USA - which country would you pick to do a crime in? Do Heavey or Moore tell you this? How many times have Heavey and Moore found justice lacking in the US? Apparently no times at all. One-note bashing of Italian justice is all that they do.
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Tuesday, May 05, 2015
A Shaky Castle Of Cards At Best: The Long-Term Fight For Legitimacy #2
Posted by The TJMK Main Posters
RS and AK in New York a while back, the last time that they actually met
Gloom and doom have been dissipating for over a month now in Italy among those most invested in a just outcome, for the reasons given in this immediate-post-verdict post.
Note that the defense camps really want and need that legitimacy. They know the perverse judgment is not the end of the road. They have clamped down hard on what RS and AK can say.
In the Italian legal community the Fifth Chambers are getting some scathing commentary for their strange law and dismissiveness of the facts of the case which Cardiol in the post below this one once again underlined.
The Fifth Chambers’ sentencing report should be red meat, very tough for the hapless judges to write and a target from Day One and, under a new law in Italy which already overturned several Cassation verdicts, a very likely candidate for a legal suit.
The two book trials should slowly strip the emperors bare (remember those books are still very unread, even by many who read this site, and neither are in Italian yet), and could cost Knox more time inside and both of them fines and civil suits.
The psychologist SeekingUnderstanding has posted several times on how untreated troubled psychology rarely simply gets better with time. RS’s startling new crack at AK shows he has no inner calm, Knox’s delay in wedding plans and her incessant anger and vagueness maybe too.
Neither seem to have the big bucks they will need for their legal teams going forward, or the promise of successful careers. Sollecito still hasnt worked a day in his life and his preferred software area never sees successful entrants at his age. Knox’s only known area of interest - paid writing - is a fast-shrinking field.
Several tough books are already in the works. And the media loves conspiracy theories and hoaxes, and as all the real conspiracies and hoaxes have been on the defenses’ side, trends will also be against RS and AK there.
The only safe bets are that there will be various surprise happenings in the next six months - and that we’d rather be in our camp than in theirs.
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Thursday, April 30, 2015
Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #2
Posted by Cardiol MD
1. This Series’ Ominous Context
On Friday, 27th March, 2015 a Panel of five Court of Cassation judges of the Fifth Criminal Chamber of the Supreme Court in Rome, found Amanda Knox, and Raffaelle Sollecito, Not Guilty of the Murder of Meredith Kercher.
The President Judge of the Fifth Criminal Chamber of this Supreme Court Panel is Gennaro Marasca, The Prosecutor General is Mario Pinelli, and the Reporting Judge for the Meredith Panel is Antonio Paolo Bruno.
Near the start of the above SCC hearings Judge Bruno was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
We consider that to be flat-out wrong. Absurd in fact, as the hapless Hellmann & Zanetti could testify. So do numerous professionals well-briefed on the case in Italy. We expect soon articles in Italian similar to this one.
In fact if the forthcoming Marasca Sentencing Report attempts to brush the numerous real factual certainties under the table there is a near-certainty that the perverse verdict can be overturned by way of a lawsuit or a petition to the President of the Italian Republic.
Post #1 of 10 April described some 26 of the factual headaches facing the SCC under the strict Italian Legal Requirements for classification of Evidence as Circumstantial-Evidence.
The fact that the trials actually had very many certainties was demonstrated in Post #1, and continues in this Post.
2. Note On Circumstantial Evidence
Defendants typically trivialize Circumstantial-Evidence as “Only Circumstantial-Evidence”.
Actually, Circumstantial-Evidence is often the most potent evidence leading Finders-of-Fact to their Verdict. This is even more true in Italian Law because its Circumstantial-Evidence classification-requirement provides that an evidentiary circumstance or fact must be true to the level of being a Certainty. Therefore, for example, the unverifiable RS/AK broken water-pipe story can not be classified as Circumstantial Evidence and cannot legally be admitted as Evidence at all.
Continuing the review of the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings, demonstrating the large number of Certainties:
3. Certainties 27 To 30
27. THE SIMULATED BURGLARY
This Subject has already been commented-upon in Pesky #1, under the Heading “13. Crimescene Meddling?”:
“Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was ‘an inside job’, and simulating the appearances that it was ‘an outside job’.”
According to the Massei Summary, Part 3:
“8. The staged break-in
The Massei Report examined the evidence surrounding the broken window and disarray in Filomena Romanelli’s bedroom in order to determine whether a real break-in had occurred or the appearance of one had been staged….....
The court concluded that the disorder in Romanelli’s room and the breaking of the window pane constituted an artificial representation created in order to misdirect the investigations towards a person who, not having the key to the front door, was supposed to have entered through the previously broken window and then effected the violent acts on Meredith which caused her death.”
So Massei, having carefully analysed all the Evidence, and the Arguments on both sides Concluded that there was No Burglary at all, and that Meredith’s killers had deliberately created the appearance of a Burglary, in order to misdirect the Investigators of Meredith’s death.
According to the Hellmann-Annulling SCC Panel wrt the Simulated Burglary:
“The compartmentalisation of the single pieces of evidence thus weakened their value and their depth, since a piecemeal evaluation of their relationship and of the required synthesis inevitably followed, ignoring the increase in value that the pieces of the mosaic of circumstantial evidence assume when synergistically evaluated.”
The Panel begins its justification for Annulling Hellmann/Zanetti.
The Hellmann-Annulling SCC Panel Page 66:
“.....the simulation of the burglary should have been evaluated in light of the investigative data collected immediately after the event, such as Rudy’s shoeprints (along the path of his flight) and the traces of the victim’s blood detected in many spots in the bathroom used by Ms Knox and  Ms Kercher, surely carried there by third parties present in the house after the murder.”
The Panel takes-for-granted that the “Burglary” was Simulated by the Perps, and focuses on its improper evaluation by H/Z.
The Hellmann-Annulling SCC Panel Page 82-83:
“The Hellmann Court of Appeal preferred – in full agreement with the defence pleadings – to favour the information the unreliable Rudy Guede had conveyed in his chat with his friend Benedetti, i.e., that he was in via della Pergola around 9.00/9.30 PM on the first of November 2007; this information was correlated with the victim’s telephone records which registered:
a) an unanswered call at 8.56 PM
b) the dialling of the number 901, corresponding to an answering service at 9.58 PM, immediately after which the call was blocked
c) at 10.00 PM the dialling of the first number in the list of phone numbers for the Abbey bank, without however the dialling of the required dialling code
d) at 10.13 PM a GRPS connection of the length of nine seconds, most probably linkedto a multimedia message, without the necessity of human interaction.
On the basis of these facts, the Hellmann Court reached the conclusion that Miss Kercher had not called her family again in the period of time between 8.56 and 11.00 PM, since shortly after the first attempt an unexpected event may have occurred, such as for example the attack, and the dialling of the number at 10.00 PM could have been done  by another person, who was not familiar with that mobile phone, while attempting to silence it, a fact which would place the time of death at before 10.13 PM.
The reconstructive path is permeated with factual deductions deriving from a series of conjectures and baseless suppositions, without any reliable, demonstrative basis, in spite of [other] findings of significant value which conflict with those [deductions] and have a greater probative value, which were reduced in their importance on the basis of an unsatisfactory reasoning, which stands out because multiple passages contradict other passages of the statement of reasons, and because of manifest illogicality which must be rightfully censured in this venue. “
The Panel implicitly includes H/Z’s failure to recognize the “Burglary"as simulated, as part of its “unsatisfactory” and improperly “baseless” reasoning.
NENCINI Page 175:
“In the cottage at 7 Via Della Pergola, on the day of 2 November 2007, in the early hours of the day and up until approximately 12.00 pm, nobody had a shower, just as no burglar had gottenin through the window of Filomena Romanelli’s room; more simply the totality of the circumstantial evidence examined to this point gives us a plain picture of how the defendants put into action a clean-up of the traces of the murder committed and activity to “derail” the investigations that involved a series of actions, a number of which are still to be described.”
So, having stated at length “the totality of the circumstantial evidence examined” Nencini concludes, that the defendants (Knox and Sollecito) had faked the “Burglary” and,
Nencini Page 335:
“...we exclude, for the reasons already expressed, that the murder was committed by a burglar caught in the act of entering the flat after breaking Filomena Romanelli’s window…”
The Nencini Appellate Court Judges, presumably recognise that their conclusion Knox and Sollecito had faked a burglary didnot implicitly exclude the co-existence of a real burglar.
So now they explicitly “exclude” the conclusion that the murder was committed by any burglar.
What will the Marasca Panel make of that?
28: THE SCREAM
Amanda Knox is herself the very first person to refer to the Scream, in her voluntarily insistent Written-Note of November 6th, 2007.
This allegation is generally accepted to be so factually Certain that its factual existence has never been plausibly disputed.
Massei Pages 98-99:
“.....it can thus be held that, in fact, towards 23:30 pm on November 1, 2007 there was a loud, long scream from a woman which came from  the house at 7 Via della Pergola.
After this scream, Nara Capezzali heard running on the metal stairs located below her residence in the S. Antonio car park towards the section used as the exit for the cars, and straight afterwards she heard running on the path situated in front of the house in Via della Pergola.
The harrowing scream heard a little before must have caused a strong agitation in Mrs. Capezzali, who was rendered particularly sensitive and attentive to what might happen and who knows the area; therefore, it is to be held that she referred to noises on the metal steps and on the path because there actually were such noises and she was able to hear them.
Furthermore, the deposition of the witness Dramis, who referred to ‚running steps‛ heard about 23:30 pm on that same November 1st in Via del Melo, which is very close, almost a continuation of the path of the houseIp in Via della Pergola, could constitute some confirmation of this.
The running on the path in front of the house at 7 Via della Pergola shortly after the heart-rending scream leads this Court to hold that the heart-rending scream came from the house at 7 Via della Pergola; likewise, whoever’s running steps were heard on the metal steps and whoever’s running steps were heard a little later on the gravel path and leaves in front of the house at 7 Via della Pergola lead the Court to hold that more than one person came out of that house.”
So Massei “held” as a specific “fact” that the scream, came from the 7 Via Della Pergola cottage, rented by Meredith Kercher and Amanda Knox, among others, at about 23:30 pm on November 1st, 2007.
However, Hellmann/Zanettii, and the miscellaneous FOA systematically trivialized the Scream, e.g.: the Police made AK invent it; the Police suggested it to AK; the Police tricked AK into writing it down; there are so many Screams-in-the-Perugia-Night that the scream the Witnesses testified to having heard was not Meredith’s Scream; the scream the Witnesses testified to having heard was at some other time; and Meredith’s Scream was at yet another time. So-many imagined doubts were marshaled that Hellmann/Zanettii argued that there was too much Reasonable Doubt.
The Hellmann-Annulling SCC Panel Page 86:
“Before concordant pieces of data convergent towards a time necessarily later than the one established by the court, back to which the heart‐rending scream of the unfortunate Meredith needs to be tracked, the appeals court preferred to draw the threads from Guede’s presentation of facts, [which he] delivered in a context outside the court, and anyway absolutely false (given that the accused declared himself to be uninvolved in the murder).
The conclusions drawn appear even more jarring if one only considers that the heart‐rending scream was mentioned even by Amanda herself in her handwritten letter when the fact was not yet in the public domain. Not only this, but the reconstruction made by the Hellmann Court of Appeal is not even in line with the relevant post-mortem findings, which indicated a time of death range from 6.50 PM to 4.50 AM on 2 November, thus at a time around 11.00 to 11.30 PM according to the calculated average, so as the First Instance Court had argued, with greater adherence to the available evidence.
Thus, the statement of reasons suffers from a grave lack of logic and from inconsistency with other available evidence also on this point, openly showing an obvious explanatory inadequacy to which the judge of remand will have to bring remedy.”
So this SCC Panel Excoriates Hellmann/Zanetti’s biased and illogical reasoning wrt the scream, constructively ordering the judge of remand “to bring remedy”.
NENCINI stated on pages 117-118:
“.....from her very first statements, Amanda Marie Knox provides the picture that, at some point during the attack, Meredith was screaming. Indeed, it was only because of the poor girl’s scream  that the defendant imagined “what might have happened”. This scream, so excruciating that it caused her to move her hands to her ears to block it out, is introduced in the written statement on the same morning at the offices of the Perugia police. Significantly, this is the scream that was clearly heard by the witnesses Nara Capezzali and Antonella Monacchia. It was so “excruciating” that Nara Capezzali was beside herself, something that she told the First Instance Court hearing on 27 March 2009, having previously only spoken about it to the police, about a year after that night of November 2007.”
Thus does “the judge of remand” bring remedy, expressing no doubt that the scream Knox claims to have imagined “might have happened”, Certainly Did-Happen.
It will be interesting to see Bruno’s take if his SCC Panel submits its Motivazione.
29. THE KNIFE COLLECTED IN SOLLECITO’‘S FLAT
This Knife was mentioned in Post #1, in which the use of at least 2 knives in Meredith’s murder was established.
Massei Page 194:
“Seven samples were taken from the exhibit [reperto] acquired by the Flying Squad of Perugia (i.e, Exhibit [reperto] 36) and consisting of a large knife, 31 centimetres long; on the handle, from the trace indicated as ‚trace A‛, the genetic profile of Amanda Knox was found and in a point on the blade, the genetic profile of the victim was found. All of the other samples gave negative results. “
Here, calling this knife Exhibit 36, Massei reports that Meredith’s DNA was found on this knife (In spite of the fact, corroborated by Knox herself, that Meredith had never been in Sollecito’s flat), as well as Knox’s DNA.
Massei Page 264:
“EXHIBIT 36 (THE DOUBLE-DNA KNIFE)
 On November 6, 2007, during the search carried out in the apartment in Perugia where Raffaele Sollecito lived, the 31cm-long knife was found.”
Here, Massei refers-back to when and where this knife was found.
Massei Pages 373-375:
“Of Raffaele Sollecito’s habit of carrying a pocket knife, Corrado De Candia also made reference, recalling that the blade of Raffaele Sollecito’s pocket knife had a length around 6-7cm and a width of 1cm or less.
In relation to the preceding (Raffaele Sollecito actively present at the scene of the murder, finding himself behind Meredith, pulling on the bra with violence, finally deciding to cut it), it must be affirmed that Raffaele Sollecito not only found himself at the scene of the murder and pursuing, with violence, the same objective as RudyGuede, but he is there with a well-sharpened knife (dangerous and thus capable of cutting a resistant material, such as that of a bra,  especially in the part that was cut, which may be seen in photos 117 and 119 in the second volume of photographic evidence) and having a blade probably around 4cm long, as De Martino and Binetti have referred to (the length of this, 4cm, appears more consonant with the type of pocket knife described, and Raffaele Sollecito’s habit of always carrying a pocket knife attached with a clip to his trousers, and therefore to be considered rather short and manageable, with respect to a blade of 6 or 7 cm, as indicated by Candia).
Elements which lead one to consider that the 4cm in depth wound was inflicted by Raffaele Sollecito with the pocket knife that he was always carrying around with him, and was inflicted immediately after having cut the bra, while Rudy penetrated the unfortunate victim – who had been almost completely stripped naked – probably with his fingers because the biological trace on the vaginal swab did not present anything of a spermatic nature.
That the knife used by Raffaele Sollecito on that occasion, according to what has been said, has not been found, is an irrelevant circumstance when it is a case of blade weapons [arma bianca] of easy availability and easy enough to conceal (cf. on this specific point, Cassation 30 June 2004, no 48349).
This progression of violence, from advances to gripping, from which derive the numerous bruises, to ultimately injuring the girl with a knife, finds a possible explanation in the fact that Meredith, it must be held, continued to put up the resistance that she could (there are in fact no signs of yielding, of any acquiescence occurring and, as a matter of fact, the scream that Nara Capezzali and Maria Ilaria
Dramis have declared to having heard confirm this behaviour of the young lady), and, to the end of completely subduing her, even to her will as well, probably, as an angry and almost punitive reaction against a girl continuing in this behaviour, there was the blow inflicted upon the neck producing the 4cm deep wound (corresponding to about the length of the blade described by Binetti and De Martino), a blow that, as observed above, is to be held to have been inflicted with the same pocket knife used to cut off the bra and therefore by the  same person who had sliced the bra itself and who had the use of this pocket knife, and this is Raffaele Sollecito.
The very loud scream (as described by Maria Ilaria Dramis) of pain and, at this point, also of terror, made by Meredith and of which it was said, not causing any repentance among the attackers, but the final definitive progression of violence, and while her already-cut bra was being removed (the bra that, coming into contact with the part of the body that had begun to be covered in blood from the wound in the neck, itself became partially stained with blood), the hand of one of the attackers sealed Meredith’s mouth, so that she could not scream again, and another of her attackers struck her again on the neck, but on the left side because, probably, they were on the other side with respect to the person who had inflicted the 4cm deep wound, causing [in their turn] a lesion 8cm deep. Meredith tried to withdraw the part of her body that was once again and more deeply attainted but, held by the hand of whoever was holding her mouth shut and countered by the presence of the one who had caused the 4cm-deep wound, she ended up being driven back towards the knife that still remained in the wound itself, and occasioned a second incision on the epiglottis, as has been seen, almost as if it were [a case of] a second blow being inflicted upon her.
This dynamic requires the presence of a second attacker, of a second knife. This Court holds that the second attacker is Amanda Knox and the second knife is Exhibit 36. The outcome of the genetic investigation with a quantity of DNA indicated as ‚too low‛ was placed under censure and doubts about reliability. Equally, the incompatibility of this knife with the wounds suffered by Meredith was affirmed.
On these matters, the considerations already made must be recalled, which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound. The inquiry elements allow, still, further observations.
This knife, which attracted the attention of Inspector Finzi during the search in Raffaele Sollecito’s house such that it was taken, unlike the other knives that were in the same drawer, must have presented itself as different from the others, with  its own individuality with respect to the other knives present in the Corso Garibaldi house. The owner of this house, were this knife not to be found in the Corso Garibaldi house, would have been able to remember its presence and note the absence of this utensil, and this circumstance would have been able to constitute a trace, an investigative hypothesis upon which Raffaele Sollecito may have been called in to supply an explanation for. In relation to this, it is to be held that Amanda and Raffaele would have evaluated as opportune to carry the knife back to the house from which it had been removed, considering also that its cleaning (it was in fact found extremely clean, as has been noted) would have ensured the non-traceability of the wounds suffered by Meredith to it itself.”
Massei here explains the sequence of events at the murder-scene, the knives used, who used them, the wounds inflicted, the scream, why there must have been at least one more attacker additional to Guede, and why it is Certain that 2 knives were used, one of which was Exhibit 36, and why the Court concludes the second attacker to be Amanda Knox and the killing-knife to be Exhibit 36.
Massei also discusses the transport, cleaning and return of Exhibit 36 to Sollecito’s rented flat.
The Hellmann-Annulling SCC Panel Pages 88-90:8
“In the course of their investigation, the appointed experts found a third trace on the blade of the knife taken from Sollecito’s flat (Exhibit 36), apart from the one attributed without objection to Knox and the one attributed with strong objections to the victim, right near the trace from which the DNA attributed to the victim was extracted. This [third] trace was not submitted for genetic analysis due to a decision made unilaterally by one of the experts, Prof. Vecchiotti, without written authorisation from the Court, which had in fact precisely charged her with the task of attributing the DNA found on the knife and bra clasp, because the previous traces] were deemed to be of insufficient quantity to yield a reliable result, being low copy number. Her decision was later approved by the [Hellmann Court of Appeal] on the assumption that the [new] quantity was [also] too small to permit the two amplifications needed to ensure reliability of the result (page 84 of the [appeal] judgment).
Therefore,  when the Prosecutor General and the Counsel for the Civil Partiessubmitted a request to complete the analysis on the basis of the scientific explanation provided by Prof. Novelli, a geneticist of undisputed repute recognized by the [appeal] court itself (page 79 statement of reasons), regarding the availability of instrumentscapable of reliably analysing quantities even smaller than ten picograms in diagnostic fields (such as embryology) in which the need for certainty is no less important than in thecourts, the Hellmann Court of Appeal refused on the assumption that the methods mentioned by Prof. Novelli were “in an experimental phase” (page 84), thereby freely interpreting and misrepresenting the testimony of the professor, who on the contrary mentioned the use of such techniques in diagnostic domains in which the certainty of the Presult is essential.
All in all, the modus operandi of the Hellmann Court of Appeal which, unacceptably delegating its own function, entrusted to the unquestioned evaluation of the expert the decision of whether or not to submit the new trace for analysis, is open to understandable and justified censure, considering that the test requested by the Court should have been done, lying as it did within the scope of the expert’s mission, subject to a discussion of the results if they were not deemed reliable. In any case, a member of the panel of experts could not assume responsibility for unilaterally narrowing the scope of the mission, which was to be carried out without hesitation or reservation, in full intellectual honesty, giving a complete account of the possible insufficiency of the material or unreliability of the result.
All the more so as the repeat of the genetic tests was requested in 2011, four years after the initial tests; a lapse of time during which significant progress had been made in the instruments and techniques of analysis, as Prof. Novelli, a consultant to the Prosecutor General, stressed. Precisely on receiving the information from this consultant, who spoke of cutting‐edge techniques while under oath – the Court fell into another gross misinterpretation, in a significant argument concerning the reliability of the results of the analyses made, by assuming the impossibility of repeating the tests even on traces found at a later time, thereby affecting the logic of the statement of reasons (Section I, 25.6.2007, n. 24667).
The Hellmann Court of Appeal also completely ignored the authoritative points offered by Professor Torricelli, who shed serious doubt on the fact that a very small quantity was found; she quantified the useful material in the new trace as 120 picograms (hearing of 6 September 2011, page 91 of transcript), which is sufficient to execute a double amplification, and she opposed the methodology by which Prof. Vecchiotti reached the decision not to proceed, in a report obviously not endorsed by the Prosecutor General and the Civil Parties. The authoritative nature of the observations of the two consultants of the parties  would have required that the Court deal with their points, which irremediably conflicted with the assumptions of Prof. Vecchiotti, whose points could indeed be accepted by the Court, but only after evaluation of the opposing points, which were of equal scientific value.
It must be concluded that when it rejected the request of the Prosecutor General and of the Counsel to the Civil Parties to complete the expert investigations by analysing the new traces found on the blade of the knife collected in Sollecito’s flat, as initially mandated to the experts ‐‐ a request that was supported by more than adequate scientific knowledge ‐‐ the Court made a flawed decision, by reason of its failure to comply with the relevant laws which mandate the safeguarding of all parties in their access to evidence (article 190 of the Criminal Procedure Code), especially in an area in which the expert report (as a means of seeking evidence) was requested by the Defence, and was arranged, but was not completed regarding the new trace, even though it demanded a response more than any other.”
The Panel Excoriates both Hellmann, and it’s appointed expert, Prof. Vecchiotti. The latter for not examining Exhibit 36 as ordered-to by Hellmann, and Hellmann for letting Vechiotti get away with her dis-obedience.
Finally the Panel Criticised Hellman for “failure to comply with the relevant laws”.(Referring specifically to “laws which mandate the safeguarding of all parties in their access to evidence”)
Nencini Pages 337-338 :
“The Court believes that the other blade, the one that caused the wound on the left side of the neck from which most of the blood came out and that caused the death of Meredith Kercher was held by Amanda Marie Knox. It is the knife that was seized from the flat of Raffaele Sollecito by the State Police and labeled as Exhibit 36, on which it is now appropriate to make some considerations.The knife with the blade of 31cm was seized by the State Police from Raffaele Sollecito’s flatduring the first search performed there. The State Police officer who physically took it from the cutlery drawer declared in testimonygiven during the First Instance trial that his attention was caught by this knife, and not others in the drawer, as it was much cleaner than the rest of the cutlery, so as to imagine that it had beencarefully and recently washed. This circumstance, which might appear to be an irrelevantpersonal perception, brought important conclusions to the trial. The Scientific Police analyzedBthe knife and found, on the blade, inside a series of streaks almost invisible to the naked eye, themixed DNA of two contributors: Meredith Kercher and Raffaele Sollecito [sic].[see Footnote 28 below]
This evidence, strongly contested by the Defense, was analyzed by this Court in the section related to the genetic analyses and there is no reason to repeat those arguments. Surely it is an attribution that cannot be considered definite evidence, for the reasons reported above related to the failed repetition of the analysis of the trace, but it remains a strong piece of circumstantial evidence of the fact that this weapon is the second one used in the murder of Meredith Kercher.
On the knife there was a second different trace with sufficient DNA for an analysis, carried out by Dr. Patrizia Stefanoni, who attributed this trace to the DNA of Amanda Marie Knox. This attribution was not challenged by the Defense and can be taken as conclusive evidence.
Furthermore, after having ordered in this remand trial an analysis of the trace (I) extracted during the course of the expert analysis performed at the behest of the Judges of the Court of Assizes of Appeal of Perugia, the Carabinieri of R.I.S. [Reparto Investigazioni Scientifiche, Scientific Investigative Unit] of Rome highlighted DNA that could be analyzed and alsoattributed it to Amanda Marie Knox, without any particular challenge.
[Footnote 28:This is certainly an oversight of the Court, as everywhere else in the report they mention the DNA of Meredith Kercher on the streaks, as is widely known. The DNA of Raffaele Sollecito on the knife is never mentioned anywhere else and is not part of the case documentationScientific Investigative Unit of Rome highlighted DNA that could be analyzed and also attributed it to Amanda Marie Knox, without any particular challenge.]
Both traces attributed to Amanda Marie Knox were extracted from the handle of the knife, from the part closer to the blade.
The evaluation of all the elements extracted from the seized knife leads this Court to believe that it is one of the two weapons used in the murder and that it was held by Amanda Marie Knox, who therefore struck Meredith Kercher on the left side of the neck, thus causing the only mortal wound. “
Nencini rebuts the Defence arguments and concludes that Knox stabbed Meredith on the Left side of Meredith’s neck, using Knife Exhibit 36, causing Meredith’s death.
Nencini Page 339:
“...Whoever struck Meredith Kercher on the left side of the neck with a stab that penetrated 8cm (the entire length of the cut) caused violent and abundant bleeding, as shown by the quantity of blood that came out and the splashes of blood on the furniture, so as to hide completely the surface of entry of the blade, thus making  impossible the reintroduction of the weapon in the same cut where it was introduced with the first blow.
It must be stated therefore that whoever struck Meredith Kercher on the left side of her neck did so only once, causing a devastating wound from which, pushed by arterial pressure, a great gush of blood came out, as shown by the splashes of blood on the furniture near the spot where the young woman was struck.
Thus, it must be concluded that the weapon seized is not incompatible with the wound on the left side of Meredith Kercher’s neck, certainly a mortal wound, and that the finding of Meredith Kercher’s DNA on the blade of the knife is evidence fully compatible both with the nature of the weapon and with its use.”
Nencini summarizes-finally its conclusions, rejecting Defence arguments that the Knife, Exhibit 36, is “incompatible” with the wound on the left side of Meredith Kercher’s neck, but is certainly “fully compatible both with the nature of the weapon and with its use.”
Here is the Wiki Site opinion:
Given there is no doubt that the profile discovered on the knife is Meredith Kercher’s profile and that both contamination and secondary transfer have been excluded the only possible conclusion is that the DNA got on the knife because it was used in the murder of Meredith. That Sollecito would so quickly fabricate a lie to explain why Meredith’s DNA would have been expected on the knife rather than protest that it is impossible just adds support to a position that needs no support. Sollecito’s knife was used to kill Meredith.”
30. THE ANALYSIS OF FOOTPRINTS AND OTHER TRACES
[Note the difference between Footprints/Soleprints and Shoeprints; this difference is crucial]
Micheli post-trial interview 2008, according to the Guardian:
“while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.”
Excellent example of how Facts may not indicate “Who?”, but Do indicate, with Certainty, “How Many” (“more than one”)°
Massei Pages 352-353 :
“Professor Vinci stressed the value of some particularly individualising details of the right foot of Raffaele Sollecito, revealed by the said examination, consisting of: the fact that his second toe does not touch the ground (the so-called “hammer” position of the distal phalange) connected to a slight case of valgus on the right big toe, and the fact that the distal phalange of the big toe also does not touch the ground, (meaning that there is a distinct separation between the print of the ball of the foot and the print of the big toe in the footprint of the accused). Given these two features which make Sollecito’s foot morphologically distinctive, Professor Vinci’s study basically arrives at the assertion that, while the second toe of Raffaele Sollecito’s right foot is entirely absent from the footprints known to be made by him, on the contrary the footprint on the bathmat does contain the imprint of the second toe.  Professor Vinci reached these conclusions based on a close examination of the weave of the bathmat, and also by varying the colours of the footprint, as shown in the photograph album of the Scientific Police, so that via the use of different filtres it could be viewed in black and white or in a more intense red colour which emphasised the traces of blood.
A morphological examination of the footprint alone led the professor to consider it as irreconcilable, due to its general shape and size, with the footprint taken directly from Sollecito’s right foot. Indeed, the consultant hypothesised that the measurement calculated by the Scientific Police of the width of the big toe of the bathmat footprint was to be reconsidered: he rejected the measurement of about 30mm in favour of a much smaller measurement of 24.8mm, which he obtained by detaching a mark of haematic substance which he did not consider to be a mark from the surface of the big toe, but from a separate body, namely the imprint of the second toe, which is totally absent from the print taken from Sollecito’s right foot.”
In standard English-Language medical terminology, Sollecito’s Right Foot has a distinctive “Hammer Toe”.
It is certain that None of the other suspects have this abnormality.
This Fact is key to the Certainty that Sollecito was barefoot-at-the-crime-scene!
Note missing 2nd toe-print on Sollecito’s Right Footprint:
The Hellmann-Annulling SCC Panel Page 96-98:
“13 – Analysis of footprints and other traces
The criticisms expressed on the subject of the obvious lack of logic of the reasoning Oconcerning the evaluation of the genetic evidence are well‐founded.
The [appeal] court evaluated two technical consultancies on the footprint in the victim’s blood left by a bare foot on the bathmat of the small bathroom of the flat where the crime was committed, with [identification] capacity limited to negative comparisons. As a matter of evaluation, this in itself is not subject to censure, however the court of second degree has again fallen into [the error of making] a statement in open contradiction with the available evidence, ending by attributing the contested footprint to Guede, by making an assumption contrary to all the evidence that “after having left a print on the pillow”, he slipped out of his right shoe “in the course of the violent aggressive manoeuvres to which he subjected Ms Kercher” and stained his foot with blood, which he supposedly then washed in the small bathroom, since if it had not happened this way, his right shoe would have also left some bloody traces in the corridor (compare page 100 of the statement of reasons).
Not only is this assumption deeply implausible, considering that the print left by Guede on the pillow was made by his hand, which is easily explained by the dynamics of the event, but it is much harder to explain how he might have lost his Adidas sneaker, given a situation in which Guede, jointly with others, as stated in the verdict that convicted him, overpowered the young Englishwoman so as to immobilise her. Not only that, but the above assumption also clashes with the available evidence regarding the bloody shoe prints which indicate that he left the room where the crime was committed to proceed directly to the exit door of the flat.The fact that only the left shoe was stained does not that his right foot was unshod, since at most it proves that only his right (sic) shoe signify stepped in the pool of blood which formed due to the numerous wounds inflicted on the unfortunate victim, very probably with two knives.
Just as deficient is the logic adopted in a further step of the statement of reasons, relating to the discovery of the presence of traces revealed by luminol (not visible to the naked eye), which yielded Knox’s profile and the mixed profiles of Knox and Kercher, found in Romanelliʹs room, in Knoxʹs room and in the corridor. These traces could not be attributedto footprints left on other occasions, as the appeal court implausibly accepted [them to be], since luminol reveals traces of blood and it is not really conceivable that Knoxʹs feet might have been stained with Kercherʹs blood on some other occasion.
As pointed out by the party submitting the appeal, no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas  the hypothesis formulated by the judgment of first degree is much more plausible: it emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.
While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom, then some trace of Sollecito would have been found, whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the traces of the victim’s blood.
The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which, in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments. As pointed out by the party submitting the appeal, no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas  the hypothesis formulated by the judgment of first degree is much more plausible:
It emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.
While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom, then some trace of Sollecito would have been found,
Whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the in the moments immediately after the murdertraces of the victim’s blood.The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which, in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments.”
Hellmann’s Annulment is here not only fully justified, but is essential to avoid a gross miscarriage of justice.
Nencini Pages 328-329 :
“We know with certainty that, on the evening of 1 November 2007, Rudy Hermann Guede was present inside the Via della Pergola cottage, not only because he said so and it is reported in thefinal verdict that convicted him, but also on the basis of investigations and analyses carried out by the State Police inside the cottage contained in the case file. We also know with certainty that Rudy Hermann Guede could remain inside  the flat with absolute ease… [for] considerable time, as he left his “traces” in the large bathroom [of the flat].
We know with certainty, as this is shown by the evidence, that immediately after the homicide inside the Via della Pergola cottage three people were present, surely two men and a woman. This can be observed from the genetic investigations and the results of the traces highlighted using luminol. We can also say that one of the men who walked over Meredith’s blood left a very visible trace of his foot on a blue bathmat found inside the small bathroom of the flat. This footprint was attributed by investigators to the right bare foot of Raffaele Sollecito, with an analysis this Court finds correct on the basis of the considerations already made. One of the footprints detected using luminol was then attributed to a woman’s foot compatible, in size, to that of Amanda Marie Knox; in addition, mixed DNA traces found in the small bathroom of the flat (washbasin, bidet and cotton-swab box) were attributed to Amanda Marie Knox.
We have, in substance, pieces of circumstantial evidence of certain reliability, multiple and concordant, that place Rudy Hermann Guede, Amanda Marie Knox, and Raffaele Sollecito inside the Via della Pergola flat on the evening of the murder of Meredith Kercher, in the moments immediately after the murder, when the three left traces of their passage by depositing [marks in] the victim’s blood, abundantly released from wounds.”
Emphasizing the Certainty of its knowledge regarding “traces”, blood, luminol, genetic investigations, DNA, and footprints, Nencini rules Guede, Knox, and Sollecito to have been at the crime-scene “in the moments immediately after the murder” of Meredith Kercher.
4. Other Worries For Judge Marasca
However far-fetched the Motivazione of this SCC Panel turns-out to be, it can hardly have-been unaware of the facts that Sollecito is scheduled to be back in a Lower-Court in Florence on 30th April, 2015, facing his first-set of charges in the Sollecito & Gumbel trial for diffamazione and vilipendio (slander of officials and of the system), nor that Knox is scheduled to be back in a Lower-Court in Florence on 9th June, 2015, facing her new, expanded-set of Calunnia charges.
This series continues here.
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Tuesday, April 28, 2015
Justice System Comparisons #3: Bail, Extradition, and More Crimes In Canadian Law
Posted by Chimera
1. Overview Of My Multi-Part Series
Italian justice has become very slanted toward the defendant, often at the considerable cost of the victim.
Canadian justice does not do that as much. It tries harder than most systems, including the Italian, to be equally fair to both, to balance their interests to the maximum that is possible. So it makes for a good comparison. Although, to be fair, it is still frequently criticised as ‘‘soft on crime’‘.
-First degree murder falls under a number of categories. In many cases, the police and prosecutors do not even have to prove intent. Section 231 defines first and second degree murder, and under cc 231(5)(b) (sexual assault), cc 231(5)(c) (sexual assault with a weapon), 231(5)(d) (aggravated sexual assault), and cc 231(5)(e) (kidnapping and forcible confinement), the trio would face 1st degree for either one of those circumstances. The penalty is an automatic life sentence, with no chance of parole for 25 years. No spontaneous declarations for defendants, lying on the witness stand is not allowed, no automatic appeals.
-There are a number of laws, including those enshrined in the Canadian Charter of Rights and Freedoms to ensure fair criminal proceedings.
-Public Mischief (cc 140), is usually an indictable (felony) offence, and it is when someone falsely accuses another of committing a crime, does does something to divert attention from their own crime, or falsely reports someone has died. Punishment can be up to 5 years. In Italy, it is called ‘‘calunnia’‘. It is something Knox has been convicted of, and others, including Sollecito, remain accused of.
-Perjury (cc 131), is lying under oath, or in judicial proceedings, or falsely making sworn statements. It is an indictable (felony) offence. Punishment can be up 14 years in prison. Unlike in Italy, defendants CANNOT do it at their own trials. Knox, Edda Mellas, Sollecito, and Guede, could all have been charged.
2. Some Background On The Case
Amanda Knox, Raffaele Sollecito, and (at the time Lumumba), were arrest November 6th, 2007, for the sexual assault and murder of Meredith Kercher. They went before Judge Claudia Matteini, who saw enough probable cause to detain the 3 of them. Lumumba was cleared and released a few weeks later, and Rudy Guede implicated instead. See this post. Judge Matteini, even without complete information was able to see enough cause for concern to keep them detained.
Knox and Sollecito tried to have the Italian Supreme Court (Cassation), overturn those decisions, but Italy’s High Court found that the decisions to keep AK and RS in prison, and away from house arrest. Psychologically tested earlier, the results were disturbing enough to keep the paired detained until trial. See here. Also see here.
In 2008, Judge Paolo Micheli presided over Rudy Guede’s ‘‘short form’’ trial. Guede was found guilty, and given 30 years, the maximum allowed under the ‘‘short-form trial’’ rules Judge Micheli also ruled there was enough evidence to send Knox and Sollecito to trial, as Guede’s accomplices. Guede was denied house arrest prior to trial, and has been in custody ever since his arrest in late November 2007, and was denied day release recently.
The 2009 trial of Knox and Sollecito took almost the entire year of 2009, and was presided over by Judge Giancarlo Massei. In December, the Massei Court found AK and RS guilty. The pair received 24 years for murder with sexual violence, an additional year for staging a crime scene and transporting a knife, and Knox one more year for her false accusation of Patrick. The sentence was originally 30 years for murder, transport and staging, but 5 years were cut off for ‘‘mitigating factors’‘. While AK and RS lawyers planned to appeal, the Court found no reason to let them out prior to the appeal.
The unintended consequence of the 24 years for the murder (with sexual violence), is that Guede, who took the short form trial, ended up receiving 1/3 less than AK and RS, effectively cutting his sentence in half, from 30 years to 16.
The appeal of AK and RS in 2011, before Judge Claudio Hellmann stunned Italy. Hellmann acquitted the pair on appeal, despite the following:
-He said in his ruling, the truth may very well be otherwise
-His report only added confusion, it did not help clarify anything
-Knox still had outstanding charges for falsely accusing police officers of assault
-The appeal effectively was a new trial, but only with the defence presenting
-He said Knox’s false accusation was due to duress, not malicious intent—and then INCREASED her calunnia sentence
-The defence had cherry-picked a few pieces of evidence, but left huge amounts unchallenged
-Rudy Guede was apparently a total liar, EXCEPT for the time of death
Knox and Sollecito were released, and AK immediately returned to the U.S. Sollecito stayed in Italy. However, the Supreme Court annulled Hellmann’s ruling in March 2013. See here.
A new appeal was to be held in Florence, the fall of 2013.
Knox refused to attend.
AK did, however, send an email to Appeal Court Judge Nencini, which repeats many of the false accusations. See here.
She claimed, among other things, financial hardship, despite receiveing a $3.8 million book deal with HarperCollins. See here.
Although refusing to return to Italy, AK has repeated tried to contact the Kercher family, and creepily demanded to visit Meredith’s grave. RS has also admitted to trying to contact the Kerchers, and claimed he has visited the grave.
And Knox lets this bombshell out See here.
Sollecito also received a book deal, from Simon and Schuster, and it also stunk of blood money, just like Knox’s. See here.
Sollecito attended sporadically, visiting the Dominican Republic in between court dates, and apparently shopping for an American bride to help him get around extradition. See here.
January 30th, 2014, the date Nencini confirmed the Massei conviction, RS was caught near the Austrian border. He denies he was trying to flee, but still had his passport confiscated, and was barred from leaving Italy. Judge Nencini was also not the least bit amused by the goings on of the FOA See here.
And of course, the defence, in the spirit of fairness and sportsmanship, pulls this stunt: See here.
AK, on the other hand, hit the talk shows, fake-crying about how scared she is, and how she’ll remain a fugitive if necessary.
3. Canadian Law on Bail
Section 11 of the Canadian Charter of Rights and Freedoms deals with criminal matters and procedures
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Marginal note:Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Section 11(e) refers to the topic of bail, and states that reasonable bail should not be denied without just cause
Actually getting to trial can take a long time. Depending on the nature of the offence(s) charged, it may or may not be in the public interest. Canada actually has pretty strict requirements about how soon an accused must be brought for a bail review.
In fact, the police don’t have to take the person into custody. There is discretion to charge the person, and then release him/her on a promise to appear. Here is a direct quote from cc 503(2), dealing with conditional release.
(2) If a peace officer or an officer in charge is satisfied that a person described in subsection (1) should be released from custody conditionally, the officer may, unless the person is detained in custody for an offence mentioned in section 522, release that person on the person’s giving a promise to appear or entering into a recognizance in accordance with paragraphs 498(1)(b) to (d) and subsection (2.1).
Here is a quote from a practicing Toronto lawyer on why you would be denied bail. See here.
Why would I be denied bail?
Detention is justified only if deemed necessary on one or more of the following grounds:
to ensure that you attend court; e.g., if you have a history of failing to attend court or abide by other court orders
to protect the public; e.g., you could be detained if you have a criminal record for similar offences; in the case of an assault or threatening charge, a history of violence against the same complainant works in favor of detention
to maintain confidence in the administration of justice; the court will consider the apparent strength of the prosecution’s case, the gravity of the offence, the circumstances surrounding its commission and the potential for a lengthy jail term
Normally, police or prosecutors have to justify why a person should remain locked up. There are however, circumstances in which the accused has the ‘’‘reverse onus’‘. In other words, circumstances which the person has to justify why he or she should be released. These include circumstances like being released (while accused) of a similar offence, and certain gun, drug and gang offences.
4. Contacting Victims or Their Families
This is a quote directly from section cc 515(2) of the Canadian Criminal Code:
(2.1) In addition to the conditions referred to in subsection (2), the peace officer or officer in charge may, in order to release the person, require the person to enter into an undertaking in Form 11.1 in which the person undertakes to do one or more of the following things:
(a) to remain within a territorial jurisdiction specified in the undertaking;
(b) to notify the peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;
(c) to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking, except in accordance with the conditions specified in the undertaking;
(d) to deposit the person’s passport with the peace officer or other person mentioned in the undertaking;
(e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
(f) to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking;
(g) to abstain from
(i) the consumption of alcohol or other intoxicating substances, or
(ii) the consumption of drugs except in accordance with a medical prescription; or
(h) to comply with any other condition specified in the undertaking that the peace officer or officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.
Clause (c) specifically states to avoid communicating directly or indirectly with any victim or witness in the case. This would obviously extend to avoid any contact with the Kercher family. Also, it would include having friends and family attempt to contact a witness or victim. This prohibition extends to telephone calls or emails, everything from asking for a private meeting, to asking to visit your alleged victim’s grave. This would also seem to violate clause (h), which is to ensure the safety and security of any victim or witness. There are reasons for this.
1) To avoid any possible threats or intimidation, which would cause the integrity of the system to be questioned
2) To avoid any type of underhanded tactic, such as appealing for mercy, underneath the court
3) To promote fairness in the trial process.
5. Harassing and Stalking of Victims
This is a quote directly from section cc 264 of the Canadian Criminal Code:
264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Marginal note:Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
(3) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Marginal note:Factors to be considered
(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or
Not only would it be a cc 215(2)2.1(c) of the criminal code, which refers to conduct while released on an undertaking, harassment and stalking themselves are serious crimes. Note that cc 264(4) considers it to be an aggravating factor if this harassing occurred while the subject was under a court order not to contact the person anyway. In any Canadian proceedings, defendants would be barred from contacting family members of the victim, as well as the actual victim.
It is reasonable to assume that the Kerchers want nothing to do with Knox. After all, this woman allegedly sexually assaulted and stabbed to death their daughter/sister, and then made a mockery of the court process, all while pretending to be the victim. Yet Knox has repeatedly tried to make contact with them.
A court sketch, common in media back in pre-camera days
6. Contempt of Court
This is a quote directly from section cc 708 of the Canadian Criminal Code:
708. (1) A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to his detention, if any.
(3) A conviction under this section may be in Form 38 and a warrant of committal in respect of a conviction under this section may be in Form 25.
Knox refused to attend her 2013/2014 appeal in Florence, the one she keeps referring to as a ‘‘new trial’‘. This would not be tolerated under Canadian law. Her bail would have been forfeited, and she would have been arrested.
She would have remained in custody for the duration of the appeal. And should the appeal have confirmed her guilt, she would most likely have remained in custody while it was being appealed further.
Skipping out on your criminal proceedings without valid grounds is contempt. Sollecito did it as well when he took a vacation in the Dominican Republic. Not only is it disrespectful, but it shows a lack of maturity.
Also note, from c.c. 515(2)2.1 of the Criminal Code—see section on harassing—these actions certainly would have violated clause (a), which is to remain in the jurisdiction while the proceedings are ongoing.
7. Cashing in on the Notoriety of a Crime (Son of Sam laws)
In September 2012, Simon & Schuster released Sollecito’s book, ‘‘Honor Bound: My Journey to Hell and Back With Amanda Knox’‘. In May 2013, HarperCollins released Knox’s book ‘‘Waiting to be Heard’‘.
What was particularly disturbing was that both Knox and Sollecito were still accused of murder when these books came out. Knox was in the worse situation, as it came after the March 2013 Cassation ruling, which confirmed her calunnia against Patrick Lumumba, and annulled Judge Hellmann’s appeal acquittal. However, since Cassation left the Massei trial verdict intact, their legal status was ‘‘guilty, pending further appeals’‘.
Setting aside the sheer idiocy of releasing a book while still accused, it is still illegal to do. Right now, Canadian provinces seem to be writing their own laws. Here are 4 of them.
This is from the website, Victimsofviolence.on.ca See here.
The Province of Alberta: See here.
The Province of Saskatchewan: See here.
The Province of Ontario: See here.
The Province of Nova Scotia: See here.
The provinces do have some small differences in the laws, but the point to be taken here is that you can’t cash in on the notoriety of your crime. In America, this is referred to the ‘‘Son of Sam Laws’’ after serial killer David Berkowitz, who called himself the Son-of-Sam.
8. Laundering the Proceeds of Crime
This is a quote directly from section cc 462.31 of the Canadian Criminal Code:
Laundering proceeds of crime
462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
(a) the commission in Canada of a designated offence; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
(2) Every one who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
Raffaele Sollecito and Andrew Gumbel wrote ‘‘Honor Bound’’ (although they now blame each other). Amanda Knox wrote ‘‘Waiting to be Heard’‘, which was ghostwritten by Linda Kuhlman. Knox claims that she used her $3.8 million advance (less the taxes), to pay her lawyers, and her family.
The problem is that the books themselves are bloodmoney, cashing in on a crime they committed. That is illegal to do. The million dollar advances were (if Knox is truthful here), essentially converted into legal payments for her lawyers, and to her family.
Unless Knox’s family really did spend a million or more to visit her, the money Amanda claims went to them could be seen as ‘‘gifts’’ or ways to hold onto such funds. Even if the Knoxes/Mellas did spend that much money, Amanda is paying those debts off with illegally obtained money.
Sollecito has not been nearly as open about where his book advance went (rumoured to be $950,000). However, he would have the same legal issues facing him as Knox.
9. Prostitution and Soliciting of Prostitution
This is a quote directly from section cc 213 of the Canadian Criminal Code:
Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration
Marginal note:Stopping or impeding traffic
213. (1) Everyone is guilty of an offence punishable on summary conviction who, in a public place or in any place open to public view, for the purpose of offering, providing or obtaining sexual services for consideration,
(a) stops or attempts to stop any motor vehicle; or
(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place.
(c) [Repealed, 2014, c. 25, s. 15]
Marginal note:Communicating to provide sexual services for consideration
(1.1) Everyone is guilty of an offence punishable on summary conviction who communicates with any person — for the purpose of offering or providing sexual services for consideration — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre.
Definition of “public place”
(2) In this section, “public place” includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.
R.S., 1985, c. C-46, s. 213; R.S., 1985, c. 51 (1st Supp.), s. 1; 2014, c. 25, s. 15.
In Canada, the prostitution laws are constantly being challenged. Due to lobbying efforts, the punishments are actually becoming much harsher for soliciting than for providing.
Knox met Federico Martini (the man she calls ‘‘Cristiano’’ in her book), on a train in Italy. She had been providing sex, and getting drugs, and it kept happening up to the night she was arrested. It had been known for years in Italy, but only released to the American media in the summer of 2014.
The thing is: this would actually be considered prostitution. It doesn’t matter if he offered cash, or a bag of coke. Martini, the client (a.k.a the John), was providing material goods in return for sex. In Canada, legally speaking , Amanda Knox was prostituting herself (a.k.a. hooking).
10. Fraud Over $5,000
This is a quote directly from section cc 380 of the Canadian Criminal Code:
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Marginal note:Minimum punishment
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
Knox wrote her book ‘‘Waiting to be Heard’’ for a reported $3.8 million. Sollecito (or was it Gumbel?) wrote ‘‘Honor Bound’’ for a reported nearly $1 million. Problem here, is that both of these book deals were obtained under false pretences.
Due to the spike in publicity of white-collar crime, the Canadian government imposed a 2 year minimum jail term for fraud that exceeds one million dollars. Considering that the books are fake, the payoff (at least for Knox), exceeds that amount, she would be facing at least 2 years for that.
Also, I have no idea how much money Knox or Sollecito have raised via their websites, or Twitter accounts, or via PayPal. But they could face additional charges of either fraud over $5,000, or fraud UNDER $5,000, which carries lower maximum.
11. Carrying a Concealed Weapon
This is a quote directly from section cc 88 of the Canadian Criminal Code:
Possession of weapon for dangerous purpose
88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
It was one of the charges Knox and Sollecito faced. Guess what? Can’t do it here either
12. Fabricating Evidence
This is a quote directly from section cc 137 of the Canadian Criminal Code:
137. Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 125.
Knox and Sollecito were alleged to have staged the crime scene at the house to make to look like someone had broken in through Filomena’s window, ransacked the place, killed Meredith during a bungled robbery, then fled. The Courts (Micheli, Massei, Nencini, 2 Cassation panels), also believed that Knox and Sollecito had attempted—albeit unsuccessfully—to selectively clean the house, making it look like Rudy Guede was the sole killer.
Knox was a resident in the upstairs part of the house, and therefore had a reason to make it look like an outsider did it. If there were no obvious signs of a burglar, the police would immediately zero in on the other 3 women who lived in the house.
13. Jurors Speaking out During (or After) Criminal Proceedings
Quoted directly from the Canadian Criminal Code:
Disclosure of jury proceedings
649. Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who, except for the purposes of
(a) an investigation of an alleged offence under subsection 139(2) in relation to a juror, or
(b) giving evidence in criminal proceedings in relation to such an offence,
discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.
The secrecy that jurors are sworn to survives even after the trial. In the case of Ms. Ballerini talking to the media about the 2013/2014 Florence appeal just before the March 2015 Cassation ruling, it would not be allowed here either. Financial need would not be considered an acceptable defence.
While summary offences carry a maximum of 2 years in prison, in reality, jurors would not see the inside of a cell. A fine and/or probation would be much more likely.
14. Canadian Law on Extradition
Amanda Knox has made it known publicly (and idiotically) that she will never return to Italy, even if it means remaining a fugitive. She claimed that she skipped her last appeal out of fear of a wrongful conviction, even though she claimed she had faith in the Italian Courts. Yes, she’s a hypocrite. Well, Italy does request extradition of convicted criminals, which is what Knox is (pending confirmation by Cassation).
Amusingly, she claims again to have faith in the Supreme Court, while remaining in the U.S. out of fear.
However, many countries extradite both suspected and convicted criminals. Knox’s situation is even weaker, as she will not only be ‘‘convicted’‘, but will be ‘‘convicted, with all appeals exhausted.’’ Considering she has not attended court once since Hellmann released her (she missed Cassation 1, Nencini, Cassation 2), she is not likely to garner much sympathy.
Canada both requests and complies with requests for extradition.
There are a few exceptions however:
(a) Canada generally refuses to extradite if they death penalty is sought
(b) Canada generally refuses to extradite if the person faces inhumane treatment at home.
Note: This article was originally submitted just prior to the Cassation hearing. We will see what happens now.
Note: Almost all options to block extradition are not available if the person has received a sentence of at least 6 months. (This was 2 years, but recently lowered). Knox’s 28.5 years is definitely above that threshold. See section 3 of the Extradition Act, and note 3(3) in particular.
Marginal note:General principle
3. (1) A person may be extradited from Canada in accordance with this Act and a relevant extradition agreement on the request of an extradition partner for the purpose of prosecuting the person or imposing a sentence on — or enforcing a sentence imposed on — the person if
(a) subject to a relevant extradition agreement, the offence in respect of which the extradition is requested is punishable by the extradition partner, by imprisoning or otherwise depriving the person of their liberty for a maximum term of two years or more, or by a more severe punishment; and
(b) the conduct of the person, had it occurred in Canada, would have constituted an offence that is punishable in Canada,
(i) in the case of a request based on a specific agreement, by imprisonment for a maximum term of five years or more, or by a more severe punishment, and
(ii) in any other case, by imprisonment for a maximum term of two years or more, or by a more severe punishment, subject to a relevant extradition agreement.
Marginal note:Conduct determinative
(2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the extradition partner in the same way as it is in Canada.
Marginal note:Extradition of a person who has been sentenced
(3) Subject to a relevant extradition agreement, the extradition of a person who has been sentenced to imprisonment or another deprivation of liberty may only be granted if the portion of the term remaining is at least six months long or a more severe punishment remains to be carried out.
15. What Was Allowed In Italy But Would Not Be In Canada?
Here is a section copied directly from the Law Society of Upper Canada’s website. This is the regulatory body with licences and is able to remove lawyers in the province of Ontario. It covers the relationship between lawyers and the administration of justice.
[Amended – October 2014]
5.1-2 When acting as an advocate, a lawyer shall not
(a) abuse the process of the tribunal by instituting or prosecuting proceedings which, although legal in themselves, are clearly motivated by malice on the part of the client and are brought solely for the purpose of injuring the other party,
(b) knowingly assist or permit the client to do anything that the lawyer considers to be dishonest or dishonourable,
(c) appear before a judicial officer when the lawyer, the lawyer’s associates or the client have business or personal relationships with the officer that give rise to or might reasonably appear to give rise to pressure, influence, or inducement affecting the impartiality of the officer, unless all parties consent and it is in the interests of justice,
(d) endeavour or allow anyone else to endeavour, directly or indirectly, to influence the decision or action of a tribunal or any of its officials in any case or matter by any means other than open persuasion as an advocate,
(e) knowingly attempt to deceive a tribunal or influence the course of justice by offering false evidence, misstating facts or law, presenting or relying upon a false or deceptive affidavit, suppressing what ought to be disclosed, or otherwise assisting in any fraud, crime, or illegal conduct,
(f) knowingly misstate the contents of a document, the testimony of a witness, the substance of an argument, or the provisions of a statute or like authority,
(g) knowingly assert as true a fact when its truth cannot reasonably be supported by the evidence or as a matter of which notice may be taken by the tribunal,
(h) make suggestions to a witness recklessly or knowing them to be false;
(i) deliberately refrain from informing the tribunal of any binding authority that the lawyer considers to be directly on point and that has not been mentioned by an opponent,
(j) improperly dissuade a witness from giving evidence or advise a witness to be absent,
(k) knowingly permit a witness or party to be presented in a false or misleading way or to impersonate another,
(l) knowingly misrepresent the client’s position in the litigation or the issues to be determined in the litigation;
(m) needlessly abuse, hector, or harass a witness,
(n) when representing a complainant or potential complainant, attempt to gain a benefit for the complainant by threatening the laying of a criminal charge or by offering to seek or to procure the withdrawal of a criminal charge,
(o) needlessly inconvenience a witness; or
(p) appear before a court or tribunal while under the influence of alcohol or a drug. [Amended – October 2014]
The problem here, is although there are rules of conduct, the rules of conduct also state that lawyers must take every avenue available to help out their clients. So, it seems that the line between zealous advocacy and professional misconduct gets rather blurry. While not necessarily criminal offences, these things would throw the law into disrespute, and could cause problems for lawyers. Cases in point:
i) After the Florence Appeals Court ruled against Knox and Sollecito in January 2014, defense lawyer Guilia Bongiorno tried to have Judge Nencini disciplined for making some rather innocuous remarks to reporters. This was baseless and vindictive. If you lose an appeal, you don’t maliciously try to take down the lead judge. It is a clear violation of clause (a).
ii) Judge Hellmann was installed as lead judge for Knox and Sollecito’s original first appeal. Hellmann was a business judge, and the much more qualified Judge Chairi was forced off the case. There was no legitimate reason for doing this—Hellmann was there as the result of ‘‘judge-shopping’‘. He then proceeded to make a complete mess of that appeal, so much so that Cassation completely annulled it in March 2013. Putting him on the bench in this case is a conflict of interest and violation of clause (c)
iii) Judge Hellmann also went out of his way to twist and distort much of what the prosectors had presented in the 2009 trial, including witness testimony and evidence. Few believe this was accidental. If intentional, it would be violations of clause (d),allowing influence other than as an advocate; and clause (f), distorting evidence and testimony.
iv) Judge Hellmann dragged out the appeal by holding it only a few times each month, which caused enormous burdens on both prosecutors, and the Kercher family. Not only is this rude, it could be seen as a violation of clause (o).
v) Knox’s lawyers, Luciano Ghirga and Carlos Dalla Vedova allowed Knox to make many accusations on the witness stand in June 2009. Among the most serious is Knox’s claim she was physically assualted November 5th/6th. Ghirga himself had said publicly Knox wasn’t hit. These lawyers also passed along Knox’s false email to Judge Nencini, and Vedova filed a bogus claim to the European Court of Human Rights. This is knowingly letting Knox do dishonest things, and repeated violations of clause (b).
vi) Knox and Sollecito’s defence has been shown to be relying many times on false facts and pretences. Although lawyers are obligated to defend their clients, deep down they have to know that the defences they are making is true. These are violations of clause (e), but are prime examples of duty to the court directly conflicting with duty to the clients.
vii) Ted Simon, Knox’s now (absent) U.S. lawyer, has changed his tune. He spoke out publicly in 2008 saying that there actually was a strong case against Knox (motive notwithstanding). However, when he came on board, he ‘‘adjusted’’ his views, and now claims that there is no evidence, never was, and never will be. Although not present at the trial or appeals, Simon has made claims that he himself knows to be false, violating clause (g).
viii) Bob Barnett helped Knox land her book deal with HarperCollins, even though proceedings were still underway, knowing that Knox made false claims, knowing that Knox had been convicted of making false accusations, and knowing that Son-of-Sam laws prohibited such actions. He helped Knox do something dishonourable, violating clause (b). Or, if Mr. Barnett didn’t know, then he is far too incompetent to be a lawyer.
While lawyers are obligated to advocate on behalf of their client, the line seems rather fuzzy as to what actually constitutes ‘‘advocacy’’ and what constitutes ‘‘misconduct’‘. I believe the examples above are all professional misconduct. They were done with the intention of helping AK/RS, but step far, FAR over the line. While this is quoted from the Ontario site, other Provincial and Territorial Law Societies have very similar rules.
16. Where This Series Is Headed Next:
This concludes the part of Canadian laws that would have applied to Knox, Sollecito and Guede, had they committed the crime here. #9, which Knox bragged about to her friends, wrote about in her book, and told to police, would be considered prostitution, when you realize she got drugs for it. And #13 was added after the juror from the Florence appeal, Genny Ballerini, decided to talk to the media. All of the crimes listed in the first 3 parts are all crimes under Italian law, even if they are called something different. These 3 parts were kind of a Canada v.s. Italy perspective.
The next pieces will cover other common law nations, and contrast their varying decisions. Peter suggested giving an even wider context for crime and punishment across the globe. The final piece will be some loose ends, and requests for content are encouraged. If there is a topic I missed, or something that needs more depth, ask.
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
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Thursday, April 23, 2015
The Knox Interrogation Hoax #18: The Final Pre-Trial Opportunities Which Knox Flunked
Posted by The TJMK Main Posters
1. Overview Of The Interrogation Hoax Series
In Post #1 there’s a long summary of what various courts concluded in sentencing Knox for calunnia to three years.
All 17 posts prior to this one are linked-to there. The first twelve posts cover the key parts of the trial testimony and evidence from investigators for the events at Perugia’s central police station on 5-6 November 2007.
The next six including this show how Knox failed to convince numerous magistrates at many hearings that she was ever interrogated or abused or made to lie. For the most part in fact she did not even try.
2. The Six Pre-Trial Opportunities Which Knox Flunked
The previous five posts and this one cover the six hearings from late 2007 to late 2008, any one of which was a big opportunity for Knox. She could have been released if the evidence was weaker and the arguments of herself and her legal team stronger.
Knox blew all six opportunities. The judges were Claudia Matteini, Massimo Ricciarelli and two others, Torquato Gemelli and four others, and Paolo Micheli (this post). A total of 10 judges, and Dr Mignini. After the first two, one of Knox’s lawyers walked off the job.
Those ignorant of the reports of these hearings (all but one newly translated for this series with the Micheli to come) often demonize the prosecutor, Dr Mignini, as somehow taking a harder line than all those judges.
Read all of the reports and in fact every one of those judges took a harder line than Dr Mignini who worked very hard to be fair. His early version of the attack on Meredith was of an almost accidental death with sexual humiliation in the course of a hazing.
This went out the window, and all of the judges without exception adopted a harder position - that Knox’s anger had spiraled over Meredith’s difficulties with her, and a barbaric 15-minute torture-attack resulted in Meredith’s death which may have been premeditated in a timespan between minutes and days.
Judge Matteini, Judge Ricciarelli, and Judge Micheli (see below) all flat-out warned that they considered RS and AK to be dangerous to others and that they needed to be kept locked up pending trial. Judge Gemmelli and other Supreme Court judges endorsed this.
Typically Knox was constrained by her lawyers to say little or nothing.
They were already wrestling to try to wind back the three problematic statements she demanded to make on 5-6 November - mainly by changing the subject and aggressively attacking Guede.
She was allowed to be questioned by Judge Ricciarelli and she herself volunteered to be questioned by Dr Mignini three times, but her performances were shaky and erratic and once she seemed to break down in tears.
There was little or no hint of the inflammatory claims which cost her three years which Knox came up with when she had to take the stand mid-2009 to try to defend her framing of Lumumba.
3. Micheli Hearings September and October 2008
This Sky News report describes how prior to the Micheli hearings Knox’s lawyers seemed pretty desperate to change the subject.
Valter Biscotti and Nicodemo Gentile said they wanted Guede’s trial to be separate from that of Knox and Sollecito because they feared a pact against their client. Mr Biscotti added: “We feel the urgent need to have our trial heard independently of the other two suspects.
In recent weeks a lot of poison has been spread by the defence teams and we feel the necessity to find some form of serenity in a separate hearing. That’s why we have asked for a fast-track hearing just for our client and we want that hearing as quickly as possible. At this hearing we will prove that our client has absolutely nothing to do with the tragic death of Meredith Kercher.”
On 16 Sept 2008 Judge Micheli accepted the Guede team’s request for a fast-track trial and as the rules require moved all of the hearings behind closed doors.
A fast-track proceeding is closed to the public, unlike a full trial. It will be held before the same judge, who is expected to issue the verdict at the time he decides whether to indict Knox and Sollecito. The rulings are expected next month.
Judge Micheli had mountains of investigative reports and physical evidence to plow through. He heard witnesses in four hearings (with Meredith’s family present at several) on the DNA collection, on the character of Rudy Guede, and also on the three defendants acting menacing outside their house, which he heavily discounted.
Late on 28 October Judge Micheli issued a 17-page ruling which includes almost no mention of Knox implicating Patrick. He convicted Guede of murder and sexual assault, and sentenced him to 30 years. He also ordered Knox and Sollecito to stand trial on charges of murder and sexual assault.
As the UK Guardian and many other media reported, Judge Micheli assessed Knox and Sollecito as being dangerous.
The suspected killers of Meredith Kercher were refused transfer from jail to house arrest last night while awaiting trial for her murder, because of the danger that they might flee and kill again.
After 12 hours’ deliberation in Perugia, the judge, Paolo Micheli, said there was a “concrete possibility” that Amanda Knox and her boyfriend Raffaele Sollecito would run off if freed from prison.
In a written ruling to lawyers, he said he believed the murder of the British student was not premeditated, but the likely “absolute disregard” shown by Knox and Sollecito for the victim’s life meant they would be capable of murdering again….
Turning down their request for house arrest yesterday, Micheli agreed with prosecutors that more than one person took part in the sexual assault and murder, dismissing claims that the 47 bruises and knife wounds on Kercher’s body could have been made by a single attacker.
He upheld the testimony of a neighbour who heard more than one person fleeing Kercher’s house, adding that while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.
He stood by forensic evidence indicating Kercher’s and Knox’s DNA on a knife found at Sollecito’s house which investigators suspect is the murder weapon, and ruled Sollecito’s DNA on Kercher’s bra strap as reliable evidence.
On 30 October Judge Micheli was interviewed. No sign in this that any claim of unfairness to Knox was on his radar.
4. Apparent False Claim Of A Statement By Knox
Bearing in mind that these hearings were all behind closed doors, none of the Italian and English-language media reports including those of the New York Times make any mention at all of Knox testifying or answering questions. Nor do the books of Sollecito or John Follain. We are still checking with Italy to make sure.
To jump the gun on the series a bit, a probable non-statement by Knox morphed in Knox’s 2013 book into this heated claim below, which we have already been told, based on court transcripts and Judge Micheli’s immediate 17 page report, was definitely not what was said, if anything, in court.
On October 28, the final day, I got to speak for myself. Since the judge understood English, I stood up without my interpreter and tried to explain what had happened during my interrogation. I told the judge that I hadn’t meant to name Patrick or to cause confusion but that the interrogation had been the most brutish, terrifying experience of my life. I’d been exhausted to begin with, and I had gotten so scared and confused that it was as though I went out of my mind. My interrogators told me that they had evidence I’d been at the villa, that Raffaele was no longer vouching for my whereabouts that night, that I had been through such a horrible trauma, I had amnesia. “I believed them! I’m innocent!” I cried.
Posts #1 to #12 have shown that Knox experienced no “brutish, terrifying experience”. Trauma was inflicted only by Sollecito and then by Knox on herself. With high confidence, we can conclude that as so often in her book Knox was simply making this up. So much for Linda Kulman’s fact checking.
5. The Micheli Sentencing Report Of January 2009
Finally three months later Judge Micheli issued a sentencing report of about 100 pages. While it has still not been fully translated we did summarise it in four posts here.
In the Italian original (which is equally firm to harsh on all three defendants) it is quite graphic about what the physical evidence says of the callous role of Knox and Sollecito in the torture-attack.
Judge Micheli does note how often Knox and Sollecito help to destroy one another’s stories which numerous witnesses confirmed helped to spark Knox’s conniption and framing of Patrick.
There is no mention at all of Knox taking exception to her “interrogation”.
Archived in Those who were charged, Amanda Knox, Those officially involved, Police and CSI, The prosecutors, Supreme Court, Public evidence, Trials 2008 & 2009, Prelim hearings, Knox-Mellas team, Knox alibis hoax, Knox interrog hoax, Knox book hoaxes, Lead prosecutor hoax
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Tuesday, April 21, 2015
The Certainties And Open Questions In The Amanda Knox Trial Starting In Florence On 9 June
Posted by The TJMK Main Posters
1. A Bizarre Crime
What Knox will soon be on trial for is one of the most bizarre crimes conceivable.
If you followed all the links in the post directly below this (with more to come soon) you will see that the evidence is overwhelming that Knox maliciously and self-servingly invented the Interrogation Hoax of 5-6 November 2007 for very little likelihood of benefit and with massive damage done to good people and the proud image of Italy.
So what does Knox do? Learn anything? No. She serves three years for framing Patrick - and comes right out of prison to repeat more or less the self-same crime but this time on steroids. Passages in her book and claims in interviews were almost hysterically insistent, and the email she sent to Judge Nencini in December 2013 even more-so. In that email she actually ranted on about torture.
And dozens of others in the US picked up on the false claims and, as Steve Moore and John Douglas and Bruce Fischer did, heavily embellished them. What Knox was convicted for is still right there on a dozen YouTubes all “helpfully” uploaded by Bruce Fischer.
Some few in Italy might have been undecided a month ago whether Sollecito was really there when Meredith was murdered. But nobody at all in Italy likes the dangerous and inflammatory campaign Knox has spearheaded.
This really could be Knox’s OJ Simpson moment. This time she could face as much as six years, and the US would seem to have zero grounds to resist extradition.
And as Knox was finally confirmed as sentenced for calunnia to the detriment of Lumumba by Cassation in 2013, left unaffacted by Cassation in 2015, Knox can no longer make any claim to have been induced to do so by the police and prosecution.
If she has a viable defense nobody, repeat nobody, right now seems able to imagine it.
2. The Certainties
The trial will begin on 9 June in the Florence courthouse in front of Judge Anna Liguori. The lead prosecutor will be Dr Giuliano Giambartolomei who is also the chief prosecutor in the Sollecito & Gumbel book trial which convenes next on 30 April.
While charges in the Sollecito & Gumbel trial are for diffamazione and vilipendio (slander of officials and of the system) the anticipated charges in the Knox case are for the more serious crime of calunnia (for accusing justice officials of crimes in court).
For a very good reason, diffamazione and vilipendio and especially calunnia are taken more seriously in Italy than equivalent contempts in some other systems.
This is because of a long-running (if declining) tendency for “connected” defendants to try to take the justice system down a peg in the hope of an unfair break in trials they or their unsavory buddies are in the midst of.
3. The Open Questions
The Knox book and email to Judge Nencini and TV claims cannot be a part of a calunnia case but certainly can be used as evidence of Knox’s disingenuousness and malice. To what extent this will happen is not clear yet, but signs are a lot of online evidence on these lines is being captured.
Nor is it clear yet who will represent Knox. Possibly Ghirga and Dalla Vedova, but they may not be the “best” team for her as they are credited in Knox’s book for its content and they handed over as a court document the inflammatory Knox email to Judge Nencini. (Remember, Sollecito is not being defended in his trial by Bongiorno or Maori.)
Nor is it clear yet what line Knox’s defense may take. It is quite out of the question that she again simply repeats the claims that already cost her three years signed off on twice by Cassation. If Sollecito seems seriously stuck for a defense, Knox seems even more-so.
Nor is it clear yet if the defense team will make an immediate bid to Cassation for dismissal. The Fifth Chambers which overturned the murder conviction is already deeply entangled and under scrutiny, and judges there may already be wondering if they have committed career suicide to very little real benefit for anyone.
Also it is not clear yet how this will impact the pending trial of Curt Knox and Edda Mellas for diffamazione for repeating as gospel Knox’s false claims to a British reporter, and we dont know how this will impact Oggi’s trial for enthusiastically publishing some of Knox’s false claims.
It is not clear yet how the Knox PR (if it is still active) or the pro-Knox opportunists or the highly confused US media will handle this - but to repeat as gospel any of Knox’s claims could from now on be legally radioactive.
it is not clear yet how the Obama Administration will (if at all) react to this. Whether there will again be covert intervention, or whether they will finally concede that Italy did get it right and crimes should be paid for and not given a free pass.
Finally, will Knox again be a no-show in Florence, as she was (against her lawyers best advice) at her own appeal? And if so, will she and her forces again falsely claim that she is being tried in absentia? That wouldnt win her points in Italy.
4. Further Background
Click here: 1. Could The Italian Authorities Be Starting A Wave Of Libel + Slander Investigations?
Click here: 2. Interrogation Hoax: Knox Hearing On Calunnia Charges, Then Trial To Resume June 16
Click here: 3. Calunnia Claims At The Core Of The Problem For Amanda Knox - And Her Parents
Click here: 4. Knox Calunnia Hearing: Amanda Knox Enters Court Via The Underground Entrance
Click here: 5. Another In Seeming Never-Ending Disasters For Hapless Knox Campaign
Click here: 6. A Perugian Media Report (Neutral As Usual) In Italian On Knox’s Calunnia Hearing
Click here: 7. Curt Knox And Edda Mellas Defamation Trial To Go Ahead On July 4
Click here: 8. Umbria’s Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello
Click here: 9. The Curt Knox And Edda Mellas Diffamazione Trial Will Resume In Perugia 30 March.
Click here: 10. False Allegations Against Italian Officialdom Sparking Increasingly Tough Legal Reaction
Click here: 11. An Overview From Italy #2: Current Perceptions In Italy, Sollecito Case, Mignini’s Full Vindication
Click here: 12. With Diffamazione Complaint Against False Claims In Oggi Knox’s Legal Prospects Continue To Slide
Click here: 13. Expected Calunnia And Diffamazione Trials Could Reverse Another Attempt To Take Justice Down A Peg
Click here: 14. Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?
Click here: 15. Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems
Click here: 16. Pushback Against Mafia Playbook Gathers Speed With Denial Of False Accusation of “Satanic Theory
Click here: 17. Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made
Click here: 18. False Claims By Amanda Knox & The Book Team May End Up Costing $10 Million
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Wednesday, April 15, 2015
Dupe Watch: Professional Hoax Exposer Benjamin Radford Himself Gets Seriously Duped
Posted by Peter Quennell
1. Who Is Benjamin Radford?
Benjamin Radford is the deputy editor of the popular Skeptical Inquirer which has very active Twitter and Facebook presences.
In normal cool-minded mode, he is an effective and useful exposer of hoaxers and dupes and a good entertainer. He himself has seemed fairly impervious to hoaxes. From his website here are his career highlights.
Benjamin Radford is deputy editor of Skeptical Inquirer science magazine and a Research Fellow with the non-profit educational organization the Committee for Skeptical Inquiry. He has written over a thousand articles on a wide variety of topics, including urban legends, the paranormal, critical thinking, and media literacy.
He is author of six books [including]: Hoaxes, Myths, and Manias: Why We Need Critical Thinking; and Media Mythmakers: How Journalists, Activists, and Advertisers Mislead Us; and The Martians Have Landed! A History of Media-Driven Panics and Hoaxes…
Just our kind of guy, right? In this case, so badly needed. Such a huge opportunity for him. And yet…
2. Radford Swallows The Interrogation Hoax
A dozen deliberate PR-inspired hoaxes (there are also others) to the advantage of Knox and Sollecito are taken apart on TJMk under this right-column heading.
Radford would seem to have very fertile territory there. But instead, Radford himself becomes the latest dupe of the Knox Interogation Hoax.
Instead of actually doing any checking, Radford simply quotes one of Knox’s numerous dishonest and easily disprovable accounts which have already cost her three years in prison and the prospect of more court action ahead for her.
This false statement appeared yesterday in an article by Radford on the Discovery Channel website titled NYC Murder Trial: The Problem With Confessions
The Amanda Knox Confession
False confessions can, of course, have serious consequences for the person who wrongly confesses, but can also pose a real threat to innocent people. That’s what happened in the case of Amanda Knox, the American woman arrested for the 2007 murder of student Meredith Kercher in Italy.
After an extended interrogation Knox confessed to police that she was there during the time of the murder. She implicated not only herself but also Patrick Lumumba, the owner of a bar she worked at, saying she was present when Lumumba murdered Kercher and could hear her screams. Lumumba, however, was cleared weeks later when a university professor came forward to report that he was with Lumumba in his bar at the time of the murder.
Knox later claimed that her confession had been false and coerced: “In regards to this ‘confession’ that I made last night, 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. Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn’t remember a fact correctly…. it was under this pressure and after many hours of confusion that my mind came up with these answers.”
Based in part on that confession, Knox was found guilty in 2009 and sentenced to 26 years in prison. Appeals and retrials lasted years, and last month the Italian Supreme Court overturned the previous guilty verdicts, effectively ending the case.
Confessions don’t need to be beaten or tortured out of a person; sometimes they can come after hours of psychological pressure and exhaustion. When someone is put under sustained pressure, they may tell their interrogator whatever they want to hear to make it stop, whether truthful or not.
There was no “hours of psychological pressure and exhaustion”. Nor was there any confession - only a false accusation. In fact (see below) there was not even an interrogation.
And the Supreme Court did not overturn all previous guilty verdicts. That court had no power to overturn the guilty sentence and the three years Knox served for lying about the interrogation, and for falsely blaming Lumumba.
3. Hard Realities Of The Interrogation Hoax
Based on numerous court transcripts (see Part 4 below) this is a TRUTHFUL account of what happened at Perugia’s central police station on 5-6 November 2007.
This sequence led into her arrest and eventually to her three years in prison for calunnia, a sentence confirmed by the Supreme Court - a well-known fact which the avid researcher Benjamin Radford appears to have ignored, misunderstood, or been unaware of.
Prior to the night of 5 November Knox, Sollecito and many others had sat voluntarily with police officers to help them to build a complete picture. None were suspects and none were put through interrogation.
Knox’s claimed hours associated with this questioning included a lot of time spent waiting around - in Knox’s and Sollecito’s cases the hours mounted because they were conspicuoslu eager to be there.
Senior Inspector Rita Ficarra testified that she arrived back at the police station late on 5 November, and finds her way blocked by a cartwheeling Knox.
She rebukes Knox, who testily responds that she is tired of the investigation. Rita Ficarra tells Knox to go home and get some sleep. Knox refuses.
Shortly after, Ficarra suggests to Knox that if she really wants to help, she could add to the list of possible perps - men who Meredith knew and who might have visited the house.
As the defenses acknowledge during their cross-examinations of key investigators present on the night, this was merely a recap/summary, a simple checking of facts with someone who might be helpful which could have been done on a street corner. It was not a witness or suspect interrogation.
Knox eagerly agrees. So they begin on the list.
This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total Knox and four others (three of them women) are present. Knox builds a list of seven people and adds maps and phone numbers (in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.
At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused. A number of efforts are made to help Knox to keep calm.
Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito in a separate wing. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks and declares that Knox made him lie. Knox is gently asked about this, and nobody reports any reaction. Knox defense lawyers in cross examination do not go there at all.
Suddenly, to the considerable surprise of all present, Knox has a yelling, head-clutching conniption (the first of several that night) when they observe a text she had denied sending, saying she would see that person later. Knox explains that it was Patrick, along with a torrent of accusations.
Warned she should not do so without a lawyer, Knox insists on a recorded statement which says she headed out to meet Patrick that night after he texted and she accuses Patrick of killing Meredith.
Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.
A second session ending at 5:45 is intended as merely a reading of Knox’s legal rights, with Dr Mignini presiding. No questions are asked.
Having just been warned she should not do so without a lawyer present, Knox insists on a second recorded statement which also says she went out to meet Patrick that night and also accuses Patrick of killing Meredith.
Just before noon, now under arrest and about to be taken to Capanne Prison, a third statement this time in English, and seemingly gleefully hands it to Rita Ficcara. She yet again accuses Patrick but also ponts some suspicion toward Sollecito.
Knox’s lawyers never substantially challenge this version, leave standing that she insisted on all three statements, and they dont pursue any claims that she was pressed.
In July Knox herself tried to challenge the scenario but was disbelieved and for the calunnia framing of Patrick Lumumba Judge Massei sentenced her to a year more than Sollecito, later amended by Judge Hellmann to three years served.
4. Trial Transcripts And Other Evidence Against Knox
Click here: The Knox Interrogation Hoax #1: Overview Of The Series - The Two Version of the 5-6 Nov 2007 Events
Click here: The Knox Interrogation Hoax #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov
Click here: The Knox Interrogation Hoax #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness
Click here: The Knox Interrogation Hoax #4: More Hard Realities Fron Rita Ficcara, More Nervousness From Defense
Click here: The Knox Interrogation Hoax #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov
Click here: The Knox Interrogation Hoax #6: Sollecito Transcript & Actions Further Damage Knox Version
Click here: The Knox Interrogation Hoax #7: Testimony Of Witness Lorena Zugarini On The Knox Conniption 5-6 Nov
Click here: The Knox Interrogation Hoax #8: Testimony Of Interpreter Anna Donnino On Events Night Of 5 November
Click here: The Knox Interrogation Hoax #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov
Click here: The Knox Interrogation Hoax #10: Challenge To Readers: Spot The Two Landmines For Lawyers & Knox
Click here: The Knox Interrogation Hoax #11: Why Prosecution And Defenses Never Believed Knox’s Version
Click here: The Knox Interrogation Hoax #12: Proof Released That In 5-6 Nov Session Knox Worked On Names List
Click here: The Knox Interrogation Hoax #13: The First Two Pre-Trial Opportunities Which Knox Flunked
Click here: The Knox Interrogation Hoax #14: The Third Pre-Trial Opportunitty Which Knox Flunked
Click here: The Knox Interrogation Hoax #15: Dr Mignini’s Knowledge Of Knox “Interrogation” Explained To Media
Click here: The Knox Interrogation Hoax #16: The Fourth Pre-Trial Opportunity Which Knox Flunked
Click here: The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholders Knox
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Saturday, April 11, 2015
Those Pesky Certainties Cassation’s Fifth Chambers May Or May Not Convincingly Contend With #1
Posted by Cardiol MD
1. How Overload Can Overwhelm The Checks And Balances
The Italian Supreme Court (SCC) has 396 Judges in Rome and elsewhere.
Because of the enormous pro-defendant tilt in the system, the SCC hears about 80,000 appeals a year - more than all other Supreme Courts in the rest of Europe combined.
The SCC operates in panels, typically of 5 justices; that scales to about 4 appeals/panel/workweek, or about 1 appeal/panel/workday. A huge workload impinging on carefulness and promoting distraction and exhaustion.
Even with a law-clerk infrastructure, and the most ingenious exploitation of human concentrated-attention-span, highly questionable outcomes such as that for Meredith’s case would seem inevitable.
The four SCC judges panels (2008, 2010, 2013, 2015) which have ruled on various issues arising as Meredith’s murder case inched its way through the Italian legal system have been composed of different judge-combinations, with different skills, different knowledge, different education, and different experiences.
In many cases high-tech issues are an integral part of the evidence before the courts. This requires the enlistment of expert opinions because the judges may not be versant in the relevant high-tech issues. All sides, the defence, the prosecution, other interested parties, and even the judges, can cherry-pick experts for hire, who often use brazen sophistry to persuade the judges in the experts’ favour.
These facts may help to explain if not justify the unexpected conclusion of this current SCC judges panel which is now drafting the Motivazione.
2. Circumstantial Evidence And The Italian Requirement For Certainty
Near the start of the 2015 SCC hearings Judge Bruno, one of the 5 members of the Marasca SCC-Panel, was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
As we await this particular Motivazione intended to explain its decision, we will review the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings to establish what do constitute the certainties - of which in fact as Italian law defines them there is actually a large number.
In order to be classified as Circumstantial Evidence in Italian Law an evidentiary circumstance or fact must be true to the level of being a certainty. Note that this rule does not supersede BARD, it applies only to the the acceptance of individual items of evidence as circumstantial, so it can mislead and confuse authors and readers.
As will be noted below, under this Italian requirement the unverifiable RS/AK broken water-pipe story can not be classified as pro-defense Circumstantial Evidence. Therefore it cannot legally be argued as corroboration of the excuses of Knox & Sollecito, including their mop claims.
Sollecito’s father, Dr. Francesco Sollecito, did say that RS had mentioned the alleged-leak of Nov. 1st, 2007, in the father’s 221 seconds, 20:42:56 call of Nov.1st, 2007. Hellmann/Zanetti bought into this story, discussing it in their Motivazione.
AK is quoted by Nencini as referring to the alleged-leak in her testimony, but neither Galati nor the 2013 Hellmann/Zanetti-annulling SCC panel mentioned the alleged-leak. All seemed aware that there was no certainty.
3. An Explanation Of Why This Will Matter So Much In Future
In 2013 the SCC itself annulled most of the Hellmann-Zanetti verdict in part because there was an obvious parceling-out of the pieces of circumstantial evidence and a lack of assessment of each piece of circumstantial evidence. Hellmann-Zanetti had failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be resolved by cross-checking them and taking in account the whole.
Have the SCC judges themselves now made this same mistake? It is especially at this level that informed legal analysis in Italy of the pending SCC Motivazione will concentrate, future books on the case will concentrate, and the final degree of legitimacy will be established.
Given the peculiarity that the case was not referred back down to Florence for adjustment, worries at this level especially could be driving the very obvious nervousness of all of the defense counsels, shushing and restraining their clients in the presumed hope that the SCC judges really can square the circle and achieve legitimacy.
4. Certainties And Certainly-Nots In The Circumstantial Evidence
1. Fracture Of Hyoid Bone?
The SCC-Panel for Guede’s Sentencing (English Translation) wrote on Pages 4-5:
c) The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding from the vessels of both lungs.
This caused a haemorrhagic shock and asphyxiation by the presence of blood in the respiratory passages, an exitus [decease] placed at around 23:00 of Nov. 1 by the forensic pathologist.
The emphases are mine. The knife cut through the hyoid bone rather than fractured it (in the English version it should say that it severed the hyoid bone; this is a translation issue). A Certainly-Not then.
The wound certainly did not cause any bleeding at all from the vessels of either lung; this is not a translation issue. This is a factual error in the original Italian Sentencing Report. A Certainly-Not then.
(This shows how the SCC-Panel Reports are not infallible. Unfortunately the Marasca Panel will have to dredge-up some past, fallible SCC-Panel Reports in order to explain its own reasoning.)
2. Two Knives?
Massei Translation p377: “There must necessarily have been  two knives at the scene of the crime.”
Certainly! There were 2 major, penetrating knife-wounds into Meredith’s neck; one entering on the left-side, and one entering on the right-side, which was made by a pocket-knife of the size Sollecito customarily carried. The latter wound could not have been made by whatever knife entered on the left-side. Therefore 2 knives were Certainly used.
3. Single Blow?
Massei Translation p 371 ”…a single blow was apparently halted by the jawbone…”
The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted”, “did not…. have elements of certainty to establish” it was “stopped by the jawbone.” Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”
Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “near” the jawbone. Skin is soft and bone is harder but there is no way that the knife striking the jawbone or hyoid bone would halt the knife in this case, they would just roll with the blow, depending on the angle of attack.
Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife. When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.
If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action. Any implication in the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade, is a mistaken implication.
It is an old rule of materials-physics that a softer substance cannot mark a harder substance. [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would certainly not show signs of damage caused by the stabbing in this case.]
4. SMS Message?
It is Certain that at 20:18:12 on Nov.1st, 2007 Amanda Knox’s mobile-phone received the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the ‚Le Chic? pub on the evening of 1 November.
Remember that mobile-phones are equivalent to convicts’ ankle-monitor bracelets, their use creates with Certainty a record of the Times of cell-phone activities, the Location of the corresponding transmitter-cell, and hence the general location of the mobile-phone, especially Ruling-Out particular Locations e.g. Proving whether the carrier of the phone was in or out of the range of their home transmitter-cell. Call Verbal-Content is not publicly available.
Here the mobile-phone Record proves that Knox’s mobile-phone was Certainly-Not in Sollecito’s lodging-house at 20:18:12 on Nov.1st, 2007:
At the time of reception, Knox’s phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. Amanda Knox’s mobile phone, and therefore Knox herself, was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell.
This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub.
Knox was therefore Certainly Not at Sollecito’s Corso Garibaldi Lodging at that time, contrary to the allegation that she was, and Knox Certainly-Could have been at her Cottage.
5. SMS Reply?
At 20.35.48 on Nov.1st, 2007, Amanda Knox Certainly sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when her on Nov.1st, 2007 mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7 - no other [use] was shown for the day of 1.11.07, noting that Amanda declared during hearings that she had switched her mobile phone off once she had returned 323 to Raffaele’s house, claiming she was more than happy she did not have to go to work and could spend the evening with her boyfriend.
(Knox may also have been LESS than happy that Lumumba preferred Meredith instead of Knox as an employee. This was perhaps humiliating enough to Knox for Knox to decide that the time to cut Meredith down-to-size was now.)
6. Bomb Threat?
Massei Translation page 25: On “the evening of November 1, 2007 at around 10:00 pm, someone called and warned Elisabetta Lana not to use the toilet of her dwelling because it contained a bomb which could explode. Mrs. Lana immediately notified the police of this phone call; and they came to the house but did not find anything….”
This call was Certainly received, the Police Certainly came to Mrs. Lana’s home, presumably not long after 10: pm on the evening of November 1, 2007 (Time & Duration of Police presence apparently not publicly-available).
The Courts must know those times accurately and precisely; reasonably assuming them to be after Meredith’s murder, and near the time of the Phone-Dump (Otherwise, the necessary combination of coincidences is too implausible).
It is most likely that the visible, and possibly audible, presence of Police triggered the panicked disposal of the Cell-Phones down the steep slope that falls sharply into the valley below.
There is no need to invoke any awareness by the phone-dumper[s] of the reason(the hoax-call) that the Police were near Mrs. Lana’s residence.
So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off).
According to John Follain the slope is heavily overgrown with trees and bushes, an ideal place to dispose of evidence. If the phones had fallen just a few yards further, they would certainly have gone over the edge of the cliff, down into a 50m gully, straight into a thick scrub of nettles, and probably been lost forever….
7. Phone Dialings?
There were four dialings on Meredith’s mobile phones after her arrival home on the evening of 1 November ‘07:
i. 20:56 hours on 1 November 07, attempted call to Meredith’s mother’s home in England.
ii. 21:58 hours on 1 November 07, attempted call to mobile phone’s answering service, voicemail ‘901’.
iii. 22:00 hours on 1 November 07, dial to Meredith’s London bank ‘ABBEY’.
iv. 22:13:29 hours (9 seconds) on 1 November 07, attempted internet connection. Connection consistent with being attempted from cottage, but inconsistent with being attempted from Mrs.Lana’s.
These dialings are Certain with regard to Existence, Timings, and Location.
Massei Translation, page 331, attributes the above 4 dialings to Meredith absent-mindedly playing with the mobile phone in her hand, and her phone may well have still been in her hand when her attackers surprised her.
8. Phone Location?
Was Meredith’s Phone still in the cottage at Via della Pergola at 22:13:29 hours on 1 November 07? Yes. Certainly.
9. A Tow Truck?
At about 22:30 hours Car broken-down nearby. Tow-Truck called-for.
At about 23:00 hours Tow-Truck arrives to load car.
At about 23:13 hours Tow-Truck leaves with loaded car.
These events Certainly occurred, but those times are approximate.
10. Francesco Called?
@23:41:11 RS’s father attempts phone-call but makes no oral contact. Father leaves message which is not received until 06:02:59 on 2.11.07.
This 23:41:11 call was attempted during the very time-frame of the attack on Meredith, her murder, and the flight of her killers with her mobile telephones. Meredith’s Phone[s] were removed from her cottage by about Midnight, less than 20 minutes after this attempted call.
These phone calls are Certain wrt Existence, Timings, and Locations.
11. Phone Location?
For 2.11.07 the first record is that of MKP - 0:10: 31, (i.e. Very early in the a.m. 10 minutes and 31 seconds after midnight) “when it has been established as an incontrovertible fact that Meredith’s English mobile phone was no longer in Via della Pergola, the mobile phone having received the contact under the coverage from Wind signal [cell] ..25622, which is incompatible with the cottage.”
Was Meredith’s Phone still in the cottage at Via della Pergola at 00:10: 31, 2.11.07? No!
Therefore Meredith’s English mobile phone had been removed from her cottage between 10.13.39 p.m. on 1.11.07 (more likely about 11.13 p.m. when tow-truck departed) and 0:10:31 on 2:11:07; about 10 ½ minutes after midnight – say Meredith’s Phone[s] Removed By About Midnight, allowing for the time-elapse before being dumped near Mrs. Lana’s place. (Hellmann falsified this time-span on page 14 of his report, stating it to be more than 10 hours after midnight rather than about 10 ½ minutes after midnight.)
12. Phones Stolen?
At some time before Meredith’s attackers fled, they had seized her mobile telephones, probably near the beginning of the attack, having started their attack with a pre-emptive strike to intimidate Meredith, remove all hope, surround her, display knives, seal all possible escape-routes, and remove any possibility of phone-calling for help.
Immediately after Meredith’s scream her attackers had silenced her with the fatal stabbing, and then fled immediately.
They fled with her already-seized but still switched-on mobile telephones, probably without locking anything, including Meredith’s door.
Their over-riding and 1st imperative was not-to-be-caught-at-the-crime-scene.
See item 6. above.
13. Crimescene Meddling?
Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was ‘an inside job’, and simulating the appearances that it was ‘an outside job’.
One should bear in mind that these killers should have still been overwhelmed by their having actually committed a crime beyond their wildest imaginings.
Their panic impaired their thinking, and their ignorance, immaturity, inexperience, lack of technical resources and their arrogance precluded their selecting deceptions more effective against knowledgeable, experienced professional crime-investigators with a large fund of resources. They probably think that throwing the stone from inside Filomena’s room was a brilliant deception.
They wish it had never happened.
They wish they could make it unhappen (Hellmann/Zanetti got close to fulfilling this wish, but got themselves unhappened by Cassation)
They wish they could prevent the discovery of Meredith’s murder.
They cannot prevent the discovery of Meredith’s murder.
They may be able to postpone its discovery, but not longer than the inevitable return of the cottage-mates, later that day.
They believe that the person who ‘discovers’ a murder may become 1st-suspect.
They may be able to manouevre others-than-themselves into being the ones that make the discovery – quite a wily aim.
It is beyond reasonable doubt that:
Meredith’s killers seized her mobile telephones, and that
Her killers did not switch-off these mobile telephones, and that.
Her killers threw the telephones into an apparent ravine, landing in Mrs.Lana’s garden, and that
This phone-dump was accomplished before 00:10: 31, 2.11.07, and that
Amanda Knox caused:
- i. the English phone to ring at 12:07:12 (16 seconds) and be discovered by Mrs.Lana’s daughter only because it rang , and
ii. the other phone, registered to Filomena Romanelli, to ring, very briefly, at 12:11:02 (3 seconds) and,
iii. the English phone to ring again, also very briefly, at 12:11:54 (4 seconds), after being brought into Mrs.Lana’s house. 6. Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.
In the opinion of the Court of Assizes (Massei Translation p.325), Amanda Knox’s call to Meredith’s phone was
...the first indispensible step before putting the  planned staging into action. The lack of a reply, since the poor girl was obviously already dead, gave a reason for reassurance about the fact that the young woman’s phone had not somehow been retrieved, [and] was therefore safe in the spot where it had been thrown, which, according to the expectations [in the minds] of the murderers was a precipice or some other inaccessible spot, rather than in the garden of a villa located barely outside the city, where the vegetation concealed it from view.
Knox may well have expected that she was safe from phone-discovery, but these calls turned out to be the very instrument of a phone-discovery.
Had Knox not made these obfuscatory stabs, in the time-frame she made them Meredith’s phone would not have rung when it did ring and would therefore not have been discovered by Mrs. Lana’s daughter when she did discover it.
14. Phone Switched On?
For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following:
00:10:31; duration and caller unspecified, but Wind signal [cell] incompatible with cottage, but compatible with Mrs. Lana’s place.
Therefore, Meredith’s mobile cell-phone had already been taken away from the cottage by her killers. It is not possible to determine from this phone-record whether the phone was switched on or off, but this phone was discovered at Mrs. Lana’s place because it was ringing, and therefore was “on”.
12:11:02 (duration of 3 seconds): Knox’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.
12:11:54 (4 seconds): another call is made by Knox’s phone towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)
Three more phone-calls Certain wrt Existence, Timings, and Locations.
15. Francesco SMS Received?
At 06:02:59 Raffaele Sollecito received the SMS from his father allegedly wishing Raffaelle a good night; from the evidence of the mobile phone record printouts of Dr. Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07
3+ Hours after receiving his father’s message from 23:41:11 of 1.11.07:
At 09:24 Raffaele Sollecito received a phone call from his father lasting 248 seconds]
At this time RS’s consiousness would be dominated by his guilty knowledge, and probably far-advanced in the accomplishment of the 3rd imperative.
Did RS and father spend 4+ minutes discussing the weather?
This is the first father/son opportunity to formulate the two-pronged water-leak story.
Although AK had already been to the hardware store 2 hours before, they may well not have known the potential DNA problems with the knife, the need to scrub it vigorously, to clean-out, and repair the drain-pipes under the sink, and the need to return the knife to RS’s kitchen drawer.
As it turned-out, Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.
They probably did not know that incriminating stains could be invisible, but can be revealed by Luminol.
16. Francesco Calls Received?
At 09:29 another call was received lasting 38 seconds
At 09:30 (duration unspecified?) the father called Raffaele; the call connected to the Vial Belardi sector 7 cell.(the best server cell for Corso Garibaldi 30).]
These two calls, Certain wrt Existence, Timings, and Locations, were probably spent dotting ‘i’s, crossing ‘t’s, and exchanging options, such as enlisting sister Vanessa’s skills and contacts.
17. More Calls Later?
Another 2+ Hours later:
At 12:07:12 (duration of 16 seconds) Amanda calls the English phone number 00447841131571belonging to Meredith Kercher. The mobile phone connects to the cell at  Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (the signal from this cell is picked up at Sollecito’s house)
At 12.08.44 (lasted 68 seconds) Amanda calls Romanelli Filomena on number 347-1073006; the mobile phone connects to the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell (which covers Sollecito’s house)
Discovery will be inevitable when Filomena eventually arrives-back at the cottage.
AK/RS have accepted that they have to ‘stand-pat’ with their efforts so-far to accomplish not-to-be-the-“discoverers”-of-Meredith’s-body.
Amanda did not say a word in this phone-call to Filomena about Amanda’s phone call to Meredith, thereby withholding information that should have led Amanda to initiate discovery of Meredith’s body, and help Amanda to manouevre someone other than Amanda into being the one who ‘discovers’ Meredith’s body.
At 12:11:02 (3 seconds) the Vodafone number 348-4673711 belonging to Meredith (this is the one [i.e. SIM card] registered to Romanelli Filomena) is called and its answering service is activated (cell used: Via dell’Aquila 5-Torre dell’Acquedotto sector3)
18. Yet More Calls?
For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following 5 calls, Certain wrt Existence, Timings, and Locations:
- i. 12:11:02 (duration of 3 seconds): Amanda’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.
ii. 12:11:54 (4 seconds): another call is made towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)
iii. 12:12:35 (lasting 36 seconds) Romanelli Filomena calls Amanda Knox (No. 348-4673590); Amanda receives the call connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3 (still at Raffaele’s house)
iv. 12:20:44 (lasting 65 seconds) Romanelli F. calls Amanda, who receives the call connecting to the cell in Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (good for Corso Garibaldi 30)
v. 12:34:56 (48 seconds): Filomena calls Amanda who receives it from the cottage on Via della Pergola 7 (the cell used is that on Piazza Lupattelli sector 7. As mentioned, Raffaele also used the same cell when he called the service centre at 12:35 hours to recharge [the credit of] his mobile phone)
19. RS Phone Location?
At 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)
At 12:38: Vodafone sent R.Sollecito a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)
At 12:40: incoming call from RS’s father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)]
At 12:47:23 (duration of 88 seconds): Amanda calls the American (USA) number 00120069326457, using the cell on Piazza Lupatetlli sector 7; the phone call takes place prior to the one which, at 12.51.40, Raffaele Sollecito will make to ‚112?, connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 1, which gives coverage to Via della Pergola 7]
In “Waiting To Be Heard” Knox can hardly deny having made this 1st call, acknowledges making the call, and purports, now, to recall its substance, providing the reader with her version of what was said.
At 13:24:18 (duration of 162 seconds): Amanda calls the same American number which corresponds to the home of her mother, Mrs Edda Mellas, using the same cell. It is obvious that the young woman is inside the cottage, where by this point, several minutes earlier, the Postal Police had shown up,  represented by Inspector Battistelli and Assistant Marzi, who were engaged in the task of tracking down Filomena Romanelli, who was the owner of the Vodafone phonecard contained in the mobile phone found earlier in the garden of the villa on Via Sperandio]
In “Waiting To Be Heard” Knox can hardly deny having made this 2nd call either, she acknowledges making the call, and provides the reader with her current version of what was said.
20. More Phone Locations?
At 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320
At 12:51:40 Raffaele Sollecito called ‚112? to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)
At 12:54: a second call by Raffaele to ‚112? (57 sec.; connection to Piazza Lupattelli sector 7 cell)
Three more Sollecito calls Certain wrt Existence, Timings, and Locations.
21. More Phone Locations?
At 13:17:10 (lasting 1 second) to Meredith’s phone: the cell used was located in the same place, sector 7
At 13:27:32 (duration of 26 seconds): Amanda calls the American number 0012069319350, still using the cell at Piazza Lupattelli sector 7.
At 13:29:00 (duration of 296 seconds) Amanda receives [a call] from No. 075/54247561 (Piazza Lupattelli sector 7 cell)
Three more Knox calls Certain wrt Existence, Timings, and Locations.
22. Another Phone Location?
At 13:40:12: incoming call from his father to RS (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)
Another Sollecito call Certain wrt Existence, Timings, and Locations.
23. More Knox Calls?
At 13:48:33 (1 second): this is an attempted call to AK’s mother’s number
At 13:58:33 (1 second): this is an attempted call to her mother’s number
The above item is a faithful translation from the Massei Motivazione section on Amanda Knox’s mobile phone traffic, but is listed out-of-time-sequence; the assigned-time is probably a ‘typo’ – “13:48:33” is much more likely correct.
Two more Knox calls Certain wrt Existence, Timings, and Locations.
24. Francesco Call?
14:33: Sollecito’s father called Sollecito for 21 seconds (as above)]
Do RS and father exchange more caveats in their call Certain wrt Existence, Timings, and Locations?
25. More Knox Locations?
At 14:46:14 (102 seconds) Amanda receives a call from the German number 494154794034, most likely belonging to her aunt Doroty Craft
Call to Meredith’s phone at 15:13:43 (5 seconds) cell not indicated.
At 15:31:51 (1 second): Knox receives an SMS sent from the number 389/1531078; at this point the cell being used is the one on Via Cappuccinelli 5/A sector 2, where the Questura [police headquarters] is located.
Two more Knox-related calls Certain wrt Existence, Timings, and Locations.
In the hours that followed the [mobile phone record] printouts show that the answering service of Amanda’s number 348-4673590 was activated due to a lack of signal coverage.
Massei Translation p.324:
Finally, the analyses of the [phone record] printouts highlight that the first phone call made by Amanda on the day of 2 November was to Meredith Kercher’s English number.
The American student called her English flatmate even before contacting Romanelli Filomena to whom she intended to express, as she testified in court, her fears about the strange things she had seen in the cottage, which she had returned to at about 11 o’clock in order to shower in preparation for the excursion to Gubbio which she and Raffaele had planned.
It is strange that Amanda did not say a word to Filomena about the phone call to their flatmate, when the call, not having been answered, would normally have caused anxiety and posed some questions as to why Meredith did not answer the phone at such an advanced hour of the day.
26. Sollecito Locations?
At 17:01: RS’s father called RS for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station
At 17:42: RS’s father called RS for 97 seconds (as above).
With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)
The above 2 calls presumably covered final agreements on the Father/son stories.
For the entire day of 1 November and then of 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing.
This series continues here.
Archived in Those officially involved, Supreme Court, Public evidence, The locations, The timelines, The two knives, Other physical, Cellphone activity, Trials 2008 & 2009, Massei prosecution, Appeals 2009-2015, Cassation 2015, Smoking-gun posts, Knox alibis hoax, Sollecito's alibis
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Wednesday, April 08, 2015
In Big Complication For Cassation Guede Demands New Trial To Prove He Was Not “Accomplice Of Myself”
Posted by Peter Quennell
Sooner or later they must explain. Initial statements of their reasons has many Italian justice officials in strong disbelief.
If there were evidence problems (and we know of next to none and hundreds of evidence points suggesting guilt) the Florence appeal court was the correct court to put them to bed. Cassation has no legal mandate for that.
It gets worse. Somehow the Fifth Chambers has to explain why the First Chambers ruled the other way on some very key points in 2010 and 2013 and why it confirmed Knox’s sentence for the felony of calunnia with no further possibility of appeal.
It gets worse. The five judges would seem to have to come down for either the highly discredited Lone Wolf Theory or for two other “missing killers” (for which there is zero evidence) to have attacked Meredith.
From 2007 to 2015 two defense teams tried very hard but without conviction or success to do both of those things - even though Guede and his defense had no way to answer back as they were not even in court.
Those same two teams tiptoed away from much of the pesky evidence against all three which they were simply powerless to explain.
So Guede’s demand for a new trial reported today could not be timed worse from the Fifth Chambers judges’ point of view.
Chances are that this request will be ruled on by another Chambers of Cassation. It might take some time but they might have no compunction (especially if they are the First Chambers) about hanging the increasingly embattled Fifth Chambers out to dry.
No way Guede’s conviction ever gets reversed. He knows that. We all know that. The evidence is way too strong. But Guede could really rub it in that he was not the initiator of the 15-minute attack and could certainly not have done it alone. That he had no motive at all. That he was not a drug dealer or a burglar - no evidence for either exists.
That he was not the one who had a reason to clean up the house as his own trial ruled. And that he did not wield the final blow.
Added to the top post on Thursday, and amended Friday.
It looked briefly like his lawyers contradicted Guede. But legally Guede is the one with much at stake and gets to call the final shots.
And Biscotti merely added that while he didn’t know exactly what Rudy said, his words should not be considered as a public statement, he did not intend for them to go public.
Of course, Biscotti would want to keep their powder dry, and keep Guede out of harms way, and keep all possible options open in Cassation.
Smart legal, safety and financial tactics.
Archived in Crime hypotheses, Various scenarios, Those who were charged, Rudy Guede, Those officially involved, Supreme Court, Appeals 2009-2015, Guede appeals, Guede good guy hoax
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Monday, April 06, 2015
Columbia University Journalism School Blasts Fabricated Story - But What Of Hundreds In Our Case?
Posted by Peter Quennell
1. The Damage From False Media Reports
Once a false meme is put out there it can do immense harm and be almost impossible to turn around.
Public relations houses try to propagate memes, and if they are false that is sleazy and unethical but usually does not contravene criminal law.
But serious media spreading such memes have a very strong moral mandate and at times a legal mandate to check, double-check, and check again.
Often the real damage extends way beyond immediate victims and witnesses and families and friends. It can chill and distort right across law enforcement and the justice system and deeply affect paranoia-prone minds.
2. The Rolling Stone Article Report
What was misreported in the fortnightly Rolling Stone is described chronologically today by Rolling Stone itself here.
Essentially, an experienced reporter with a valid story did not go the extra mile to check if her highly inflammatory flagship claim was true.
There seems no question now that it was not.
A few days later Rolling Stone itself cautiously began to ‘fess up. The story was indeed untrue. Neither the reporter nor the editor had checked, double-checked, and checked again.
Its owner Jann Renner contracted with the Columbia University Graduate Journalism School to publish an in-depth report. The supposed victim was increasingly contradicted by her own friends and shown to have changed stories a lot. On 23 March local police reported that their investigation turned up no sign of a crime.
Yesterday the journalism school published their conclusions on “What Went Wrong” and they will make available and summarise the full version of their report on April 8th.
Damage has rippled on and on not least to women who have a huge interest in being taken seriously when they have a complaint.
The University of Virgina is in full damage control mode (that campus is about one hour’s drive southwest of Washington). Who could now be charged or sued is discussed here in the Washington Post. Many reputations have come out looking worse.
3. Relevance To Meredith’s Case?
On 27 June 2011 (right in the middle of the Hellmann appeal) Rolling Stone published one of the least accurate and most damaging and defamatory of literally hundreds of inaccurate reports.
Nathaniel Rich reported only in English, of course, from safely across the Atlantic, and there was zero due diligence by the editor at Rolling Stone (the same editor as today). His false claims were very widely quoted elsewhere. See here, and here, and here, and here, and here, and here, and here.
Rolling Stone inflamed public opinion through false claims. It added to the perception that an extradition battle could drop two governments in the soup. That may have impacted the Supreme Court.
Yes, this case of mass misreporting seems every bit as bad.
Archived in The wider contexts, N America context, Reporting, media, movies, V bad reporting
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Thursday, April 02, 2015
The Psychology Of The Human Race Puts Us On A Rising Curve Toward True Justice For All
Posted by SeekingUnderstanding
1. The “Just-World” Is Built
When we were children, we listened to fairy tales. Most cultures have a library of myths.
They frequently had ‘happy ever after’ endings, where everything worked out well, after many scares, struggles and deep sorrows. Rarely did the ‘bad people’ win, in the very end, although there were often sacrifices along the way required by those who were true to themselves, and cared for others and the world. The ruthless, selfish, greedy people often appeared in disguise - their ugly and scheming natures only revealed by chance at The End.
We often asked our fathers to read us these stories, before we were tucked up safely in bed. Usually we went to sleep reassured. This is because such tales reinforce a concept known as ‘the just-world’. In this just world, good thoughts and deeds are rewarded, eventually, and the bad and cruel actions will reap the punishment they deserve, even if patience is required until this comes about.
Our belief in this concept helps us, as we begin to go out in the world and face its stresses and dangers. It gives us hope and courage, in our tiny childhood bodies.
Our parents are our caretakers, there to guide us and protect us from harm. Good parents, who are teachers too, show us right from wrong, good from bad. We grow, and begin to form a sense of Self, a core self that finds meaning and values, experiences beauty and ugliness, joy and pain.
At least one of our caretakers will empathize with us, and give us what is known as validation. Gradually, we learn to be self-reliant and do this for ourselves, although we will always still turn towards the caretaker for this reassurance at certain times.
2. When Our Just-World is Broken
And then, suddenly, one day, something else happens. (Hopefully, this day doesn’t come when we are so very young - if it does, it is frequently disastrous).
Our belief in the Just World is fractured. It cracks, and comes crumbling down around us, terrifying us as it does. Life goes into slow motion, and we remember the colours, shapes, smells, words, for the rest of our lives. Someone who has done wrong is praised and rewarded, and the little person who is ‘me’, who was being as good as we knew how to be, is scolded, teased, taunted, hurt (perhaps physically), neglected, ignored, humiliated, punished. We suffer when we do not deserve to, sometimes when we least deserve to.
Most of all, our ‘caretaker’, whose function it is to protect us, now reprimands us, withdraws their love or approval and, worst of all, refuses to believe us. We are telling it as it is, telling the truth as we have been taught to do, and the very person we have entrusted with truth, rejects us, and believes the one who is lying. We feel despair,and we feel isolated. We panic inside, and experience fear as we have not known it.
Our adrenalin and other endocrine reactions are set in motion. Our heart thumps. We don’t know what to do, we feel numb, confused, it is hard to concentrate. We are unlikely to be able to say, at that point, - but what we are feeling is betrayal. All our inner security has temporarily dissolved.
Not only has the person insulted and harmed us with their wrong-doing, but they compounded this by sanctimoniously pretending that they were ‘put upon’, a victim no less, while simultaneously the true victim is blamed and derogated. It is outrageous, and moreover it is disempowering (at first).
It is our first experience of injustice.
3. The Experience of Acute Distress
If our psyche is healthy, we will recover, both physically and emotionally within a short period. Human beings have innate coping mechanisms, and we learn gradually to activate these. Different personalities develop different ways.
But the period of stress and distress does need to be of a short duration. This is important. If it is not, we now know that very real damage occurs. This is not something vague, but is actual, biological, involving the Hippocampus and other specific areas in the brain.
When we talk about ‘healing’, this is not just a fancy word for getting into a better mood : real healing and correction need to occur in the cell tissues. Stress really does damage your health, and if we need to take time out to recover from it, - this is a real need. The greater and more prolonged the distress, the longer the time needed to rebuild, to adapt and adjust. Music, and being in nature, often have an important role to play here. People find their own ways, in their own time.
The other thing of prime importance is contact and talking, sharing, with others to whom we feel bonded. It may seem like saying the obvious - but it has been shown that victims of trauma heal very much more quickly when their contact with their loved ones in the aftermath had been immediate.
What is needed is the opposite of isolation, which would simply increase the undermining of the sense of self and our own identity, which has been hurt, or sometimes splintered.
People are isolated in cases of torture - the perpetrators of it know this isolating alone is punishing, fragmenting, weakening and eroding to the self.
We need the validation of our true friends. Perhaps this is the origin of the saying, ‘A friend in need is a friend indeed’.
To recap slightly : our first experience of having our illusion of a totally Just World challenged probably first occurs as we are growing up, perhaps at school or similarly.
I will not, here, address the very serious cases where child abuse happens in the home, where the damage may never be repairable (although a certain amount can be done, miraculously, with professional and skilled help). Neither is this the place to describe terrible trauma caused by murder and terrorism. Extreme experience of injustice, especially continuous, leads to severe trauma, which at the extreme end leads to PTSD.
Needless to say, those who survive need the utmost sensitivity and skill to help them deal with the sheer inhumanity of their situations.
4. The Caretaker in the Wider World
As we go out into the world, ‘the family’ and with it, the head of the family or the main caretaker extends onto a more macro scale. The head of an institution becomes the caretaker. The headmaster or headmistress has a duty of care and protection : they are ‘in loco parentis’.
And so on upwards - the head of a large company where we may work has to duty of care that his employees are kept safe; we have local heads of government, police commissioners etc., whose responsibility includes the safety and protection of the citizens - this is achieved through law and order. And so we finally go to the top, and have the governments of countries, and their judiciary and courts, and the Head of State.
Governments carry the ‘caretaker’ role for the people, the citizens. They are entrusted with our ultimate safety, security and defence - against violence, against terror, unreason, and the break-down of law and order into chaos and tyranny. We entrust them to save us from barbarism.
It is because they have this extension of the caretaker role (a leader will sometimes be called ‘The Father of the Nation’), that when something goes badly wrong, we can feel betrayed. Our own personal memories of betrayal, which may exist in layers of many chapters, can suddenly be triggered. It matters not that physically, personally, we may not be anything like in proximity or involved in what has just happened.
A feeling of insecurity, of being totally let down, indeed of being betrayed, is experienced in the collective, the caretaker of which is the top of government and judiciary.
The shockwaves in the collective trigger our personal memories of our own past trauma. Just as happens when someone we know is bereaved, and we then suddenly recall our own bereavements, as clear as day. Our own memories are re-experienced within the present, integrated into the collective event.
When a member of the Royal Family (in Britain) for whom there is much affection, dies, one can see an outpouring of collective sentiment. Some may disparage it (as in, ‘well, how could they possibly have known her!’ etc), but the phenonomen of collective sentiment is very real, and contains more than the sum of its parts. As all collective moods, it will operate as a wave - a wave that may sweep reason aside.
5. Injustice Is So Like Bereavement
Injustice affects us as bereavement does. When we are bereaved, and perhaps especially when we lose a parent (our original ‘caretaker’), we are affected physiologically as well as emotionally.
Our fear responses are heightened, (sometimes called heightened arousal), our heart rate changes, our concentration and memory are affected, as too our ability to regulate our emotions (be overwhelmed by them); our perception itself is affected, including our perception of who we are ourselves, our very core identity.
It is very common to feel we have lost a part of ourself with the loss of the one we loved, or, importantly, who loved us. Their love for us was part of what made us feel valid. How many feel, when bereaved, lost themselves, - rudderless, as it were? We have to re-learn, and validate ourselves.
Why, you may wonder, are we discussing bereavement here? Because the responses that we go through (and it happens involuntarily) are the same as when experiencing the distress of injustice, or injustice trauma where it is extreme.
The same shattering of world-view is involved, and the same loss of security, which affects us fundamentally.
We need ‘safe-holding’ - first our parents provide this, then gradually other people and other structures out in society provide this keeping of us safe and secure. Being able to dependably rely on the administrators of just law to do exactly that is a very important part of our security. We trust them. We trust our government to use their powers judiciously, to look after our best interests, or at least to try.
If suddenly justice itself appears from every logical perspective to be in fact injustice, it is a great threat to our psychological security, for reasons I’ve tried to explain.
If the collective has been subject to such stress, then the process of repair or healing is required to happen in the collective, exactly as it is when the injustice stress or trauma has occurred on a personal level. It is just as essential. As one of our commentators said, ‘Silence is not an option’.
But fortunately, humanity is resourceful. We can all think of ways and times when people of every diversity have come together in adversity, and pulled together, in generosity, kindness and strength. There is the dual instinct in most people (who are not dysfunctional, damaged or disturbed) which is for both justice and compassion - civilized, just action - .. and when we recover from the adrenalin state, where one feels temporarily stunned in disbelief, we slowly regain our ability to creatively engage in the present.
6. How The Healing Process Works
Many people come and seek out counselling when they are recovering from extended periods of stress and distress, caused by a wide variety of reasons, and within a wide spectrum of severity. There are a number of effective techniques to aid the self-therapy.
These include understanding one’s own fear responses and calming these; recognizing personal triggers, and having a method to deal with flashbacks when they occur; working on acceptance, and being ‘grounded’ or anchored; and learning to create a feeling of safety and security for yourself in the present, and recalling the stressful time but placing it carefully in the past.
7. Narrative Therapy For RS And AK
Sollecito admitted to lies, Knox served three years for lies, and both are still on trial in Florence for many more. Even their best friends know that.
In order to make progress in recovery, with counselling, some sort of ‘narrative therapy’ is needed, where what has been so distressing can be processed and talked about from the perspective of the present, looking back and making sense - but not talking as if one is still there in the experience.
To be able to arrive at this narrative is an important healing step. But if instead, the story is made of fragmented flashbacks, and the talk slips back into the present tense, as if the person is there again at the scene…really this is not good news. (cf AK was doing this in one of her last interviews last year - the one where she talked about ‘the corpse’).
There is avoidance, where the person can’t bear to think about the stress, and there are intense flashbacks, re-lived, - which can re-traumatise.
The narrative that we seek, and that helps bring calm and the ability to move forward, is neither of these. But to reach the good narrative the person will have to go through the detail of the traumatic event, and face the pain it causes them. They will have to be truthful. The therapist helps them do this incrementally, within a very safe environment. It does work, but it takes time - the greater the trauma, the greater the time.
This knowledge is useful to anyone recovering from a major stressful life event, but the reason I mention it here is in thinking about our two ex-defendants. Stepping aside for the moment from the flip-flopping judgement delivered, - what concerns me is whether and how healing is possible - for everyone.
There are so very many deeply disturbing aspects to this dreadfully drawn-out case, - most have been noted. But one that disturbs me most is that the ex-defendants have wound themselves up to delivering false narratives to the media circuses - to the point where they can’t now recant them without getting their respective knickers in a complete twist, knots that can’t be unravelled, nor make any sense.
As it is, it seems we have two ghosts who held down Meredith, where Guede was the third man.
My serious point here being that, for their own sakes if no-one else’s, the ex-defendants will need to tell a truthful narrative, in order to find any kind of reasonable and balanced functioning in their lives.
Quite simply, healing will not be possible unless they arrive at telling a truthful narrative in the way I touched on above - even if this is in confidentiality, to a therapist, - it will need to be done. It cannot be done in fiction.
If they do not go through the necessary steps in the process as outlined - instability, gross insecurity, and states of fear and anxiety will persist, and the trauma can and will always re-emerge unpredictably, and haunt and shadow their lives with flashbacks.
This process is well-known, and well-documented.
This site is primarily to support the Kercher family, who are the genuine, innocent victims of the most appalling trauma - one that has been selfishly drawn out by ruthless external forces, thus putting their own recovery in jeopardy, and causing great suffering.
They should always have been put first, but now, at this point in time, it is more vital than ever.
They will need, as all victims in recovery, to be able to make their ‘good narrative’. But they cannot fully do so without the truth - even if it has to remain just a sketch of the truth. I wish with all my heart they can find the whole narrative that they need - I do not know how at this point, with so much obfuscation abounding.
But I do not give up hope : healing can always arrive, for those with good will, and good hearts…so however long it takes, I have faith that it can, and it will.
Archived in Crime hypotheses, The psychology, Pondering motive, Those who were charged, Amanda Knox, Raff Sollecito, Knox persona hoax
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Tuesday, March 31, 2015
A Shaky Castle Of Cards At Best: The Long-Term Fight For Legitimacy Begins
Posted by The TJMK Main Posters
1. Current State Of Play
As we so often hear, true justice has to be SEEN to be done.
At the end of the day it’s the legitimacy that counts - whether most informed people buy in - and the fight for this could play out over years.
Maybe that was on the minds of the tense Sollecito lawyers seen above after the surprise outcome was announced. Can those five judges make what seemed like a shoot-from-the-hip decision stick?
Back in 2009 the prosecution put on a very fine case, after Knox and Sollecito had failed six great opportunities in 2007 and 2008 to be let out. Prosecutors touched all the bases fast and, including what was presented in closed court, offered a very legitimate case for guilt which a unanimous panel of judges bought into.
Defense attorneys were rumored to be despondent and they never really hit a high point. Sollecito talks in his book about Maori having little conviction in him. Bongiorno was said to feel the same way and to not like Sollecito very much. Several times she was a surprise no-show in court. Ghirga was affable but uncomfortable, and sometimes he dozed off.
Was there under UK and US common law a strong case for an appeal? Under UK and US law an appeal must be requested, and a judge must decide. We have yet to read one opinion by a UK or US judge (and yes, they do write) that a case for granting an appeal was very strong.
In other words, under UK and US common law, the unanimous verdict and sentence would almost certainly have been it. All three would be serving their terms, and five years ago the whole world would have moved on.
In 2010 a clear case of judge-shopping occurred. Dont take our word for it - the senior and very experienced criminal-law Judge Chiari openly said he had been pushed aside as he resigned. He had been one of Italy’s finest prosecutors, and mentally and in terms of the law and grasp of the facts he was a giant compared to the bumbling ill-qualified Hellman, a business judge with only one other murder trial (a fiasco) in his past.
Throughout 2011 legitimacy swayed this way and that. The prosecutors began to smell a lot of rats and Prosecutor Comodi publicly said so. The chief prosecutor Dr Galati (who had just arrived from the Supreme Court) maintained that it didnt altogether matter, because he just knew the Supreme Court would throw a bum outcome out.
He was right. In March 2013 the elite First Section of the Supreme Court threw the bum outcome out, except for the part about Knox framing Patrick for which she had served three years.
The elite First Section handed the case back down to a new court, the Florence appeal court.
The Florence courts are staffed with very fine prosecutors and judges as they often handle national cases. Right now that court is handling a major investigation into national government corruption on a grand scale, Knox adulator Rocco Girlanda is one of those named.
National politicians under the gun like to knock chips off the courts given half a chance. Ex PM Berlusconi’s allies were said to have this as a fairly consistent aim. Any outcome ever in Rome which takes the Florence courts down a peg (as now) gets a lot of close looks.
Rumors abound in Rome that the president of the group of five judges and maybe one other felt the outcome of the Florence appeal court was the right one. If this is true, they may have never bought in and may now be only going through the motions with a forced grin.
The president of the court already issued an explanation of sorts. This has many in their peer group - the Council of Magistrates (which edged Hellmann out - refused him a promotion so he had nowhere to go) and all of the other judges and prosecutors in Italy - scratching their heads and wondering how in the Sentencing Report the circle can be squared.
Meanwhile on other fronts legitimacy is now on the line. Sollecito is due back in court in Florence on false claims in his book on 30 April. Knox’s calunnia trial is due to resume again shortly in Florence with expanded charges targeting false claims in her book. The Oggi trial for quoting false claims in Knox’s book has a testimony session 16 June.
The final verdict and sentence maybe cannot be wound back and their chances of serving more time for murder and a sex crime are remote. (Knox could be sentenced to more time at her second calunnia trial).
But the circumstances in which they are walking around may come to look very odd. The Supreme Court actually can be sued now for an inexplicable outcome, and made to take another look.
The President of the Italian Republic (who is the ultimate head of the justice system) can be petitioned to step in. Political parties like Beppe Grillo’s astonishingly popular Five Star Movement (said to be already snooping) have a lot of power to make things come unstuck. .
So, in the months and even years ahead, this is clearly going to be a long game, with legitimacy as the ultimate prize. Sorry, Sollecito and Knox, but it aint over till the fat lady sings.
2. New Developments Indicate Concern
Seven developments in this race for legitimacy points suggest that the RS and AK camps are very concerned about it, and are not at all sure what to do.
1) Francesco Sollecito is quoted as asking Guede to endorse the outcome. Guede already said the opposite although his main statement was in the annulled Hellmann appeal. Aviello is still on trial by the way, in 2011 he pointed at the Sollecitos as not playing by the rules.
2) Francesco can be sure Guede wont actually speak out, as he will have his own legal action in the works to get his case reviewed. That could go to another section of Cassation and if they rule differently really open a can of worms.
3) Sollecito has spoken out heatedly and vengefully on Italian TV in effect wanting the Italian state to pay him off in a big way and everybody else to believe him or shut up.
4) Bongiorno publicly disagreed with him and she said such actions need to be considered with a cool head down the road.
Report on the Il Tempo website.
Lawyer Bongiorno. “In the coming days we will evaluate request for compensation,” announced Raffaele’s lawyer, Giulia Bongiorno, after the acquittal of the young man for the murder of Meredith Kercher.
“There are feelings of revenge in Sollecito’s soul,” added the lawyer today. “We will wait for the motivations. Not thrash/lambaste those who might have done [Sollecito] wrong.”
“We’ll see if there were errors and what measures and initiatives could be undertaken. Civil liability - she concluded - is a serious institution that should not be exercised in the spirit of revenge.” (Translation by Guermantes on Dot Net)
5) Barbie Nadeau quotes an Italian expert who says that because RS and AK both provably lied to the police and led them astray, any claim for compensation could be dead on arrival.
Bongiorno may already realise this. She may also realise that having a litany of lies read out hardly advances their quest for legitimacy points.
6) This is previous news. Bongiono passed on being the lead lawyer in Sollecito’s book case. Nothing could cost legitimacy points more than a loss at the Florence trial on the false claims in RS’s book.
Note that at the moment few Italians - including Cassation - know what is in the book. It is possible Bongiorno wants to make herself scarce before the legitimacy points just gained head down the tubes.
7) The Fischer disinformation group (see posts coming up) has moved from shrill to frantic harrassment mode.
Let’s guess. Bongiorno and the other Perugia lawyers would think that a really bad idea, as Knox and RS are still on trial and abuse wont make that go away. Legitimacy if any will come not from strongarming but from cool heads.
Here’s betting all 4 main lawyers and both families would like to keep RS and AK on a really short string. Nothing will screw them like yet another of their open spats.
Right up to last week RS was still distancing himself a mile from Knox.
Archived in Those officially involved, The defenses, Supreme Court, Appeals 2009-2015, Cassation 2015
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Appeal By RS And AK Against Florence Court Verdict: The Supreme Court Dispositivo
Posted by The TJMK Main Posters
1. Dispositivo issued by Judge Marasca
Dispositivo: VISTO L‘ART. 620 LETT.(A) C.P.P.; ANNULLA LA SENTENZA IMPUGNATA IN ORDINE AL REATO DI CUI AL CAPO (B) DELLA RUBRICA PER ESSERE IL REATO ESTINTO PER PRESCRIZIONE; VISTI GLI ART. 620 LETT. (C) E 530, COMMA II C.P.P.; ESCLUSA L’AGGRAVANTE DI CUI ALL’ART. 61 N. 2 C.P. IN RELAZIONE AL DELITTO DI CALUNNIA, ANNULLA SENZA RINVIO LA SENTENZA IMPUGNATA IN ORDINE AL REATI DI CUI AI CAPI (D) ED (E) DELLA RUBRICA PER NON AVERE I RICORRENTI COMMESSO IL FATTO; RIDETERMINA LA PENA INFLITTA ALL RICORRENTE AMANDA MARIE KNOX PER IL DELITTO DI CALUNNIA IN ANNI TRE DI RECLUSIONE.
seen art. 620 lett. A) c.p.p.;
annuls the impugned verdict as for the charge in count B) of the indictment section because the time of limitation of the offence has expired;
seen articles 620 lett. L) and art. 530 second paragraph of c.p.p.;
excluding the aggravating circumstance under art. 61 n.2 c.p. in regard to the felony of calunnia, annuls the impugned verdict without remand as for the crimes charged in counts A), D) and E) of the indictment section due to the recurrents not having committed the crime; re-determines the penalty inflicted to recurrent Amanda Knox in three years imprisonment for the crime of calunnia.
2. Some analysis by Machiavelli
Main poster Machiavelli (Yummi) reported the Fifth Chambers proceedings in previous posts. He advises:
(1) The statement “because they did not commit the crime” does not imply a finding of innocence under Italian law; and when the art. 530.2 is mentioned there is no possibility of a finding of innocence;
(2) There are major legal blunders: the Cassazione is not allowed to make any finding of facts of any kind, it does not assess evidence directly, and it may not mention 530.2.
(3) Also it cannot re-determine the penalty for calunnia, since the penalty for calunnia was already definitive.
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Saturday, March 28, 2015
Meredith May Not See Justice (Yet) But She Will Leave At Least Three Legacies
Posted by The TJMK Main Posters
So much of human organization is messy and very hard to make better. She would have found that. But somehow, often in a terrifying lurch, systems do sometimes tend to get better.
These better systems between them benefiting millions may all be attributed to Meredith. More than 99% of humanity can achieve in a lifetime.
1) Perugia is a safer more thriving place now
This is a repeat of our post of 9 April 2010 - there has been a mayor-change, but the broad safety and economic trends continue.
Meet Wladimiro Boccali. The mayor of Perugia.
A year ago when Mr Boccali ran for office (video above) it was in the context of a city-wide desire for prosperity, public safety, support for the police and the court system, the enhancement of Perugia’s reputation, and the clamping down on drug dealing and student excesses.
A mood that very much flowed from the shock of Meredith’s passing. A sense that certain things had gone too far.
Since then, Mr Boccali has been in the Italian national news almost daily, and he is coming to be seen as the kind of political leader Italy could really use in a turbulent future.
He is in the news again right now, because there was a riot in the main piazza of the old city by some drunks late last saturday night.
In part inspired and encouraged by good town leadership, Perugia’s economy is now one of the more thriving city economies in Italy. Perugia’s median IQ is extremely high (Perugia is probably one of the smartest cities in Europe) and a lot of very advanced research goes on there.
Perugia’s town administration does many caring things, such as the special city council meeting for Sonia Marra.
And seemingly attracted by all of this, people are moving to Perugia in droves - its population is increasing at double the national growth rate.
So. Meet the new Perugia. Meredith’s own qualities, writ large.
Since that post Perugia and the university have recognised Meredith by way of a scholarship and a one-day seminar.
2) American universities acted to stop future Knoxes
Knox behaved grossly irresponsibly in heading to Perugia under-funded, intent on drug-doing, and with zero intention of seriously studying.
The University of Washington and many others realised they could have huge liabilities if they did not distance themselves a lot from such loose cannons in future.
In October 2009 we reposted this report by Andrea Vogt which described the initiation of measures many American universities have now come to implement.
Mirroring a nationwide trend, the University of Washington is overhauling how its students and professors interface with foreign countries….
The UW study abroad experience today involves much more oversight than it did two years ago when Amanda Knox left on an unsupervised European adventure that quickly degenerated into a nightmare.
When Knox, who is on trial for murder in Italy, left her familiar U-district environs in late summer 2007, she embarked on her own independent study in Umbria with very few guidelines or institutional oversight.
She arrived in the tolerant student melange of Perugia, a vibrant college town with temptation at every turn and many paradoxes (drug deals and party plans are often made on the steps of the cathedral).
A month later, the honor student’s pub-crawling, pot-smoking college shenanigans had taken a very serious turn and she was being hauled off to the Capanne penitentiary, where she remains today, pleading her innocence as the trial and controversial accusations against her plod forward.
Once her troubles began, the university tried to offer support, but had very few official guidelines to follow for responding to the kind of complicated legal-judicial matter Knox faced.
It’s different now….
In the wake of several negative overseas episodes, officials are busy raising awareness about the positive impact the UW is having worldwide and taking steps to improve communications, regulation and emergency preparedness for its students abroad.
Compared with two years ago, international education officials are more closely tracking who, where and what study-abroad programs involve. The university has new rules:. The department chair has to sign off on the program. Insurance is required. So is a cell phone. No program money can be used to buy alcohol, just for starters.
“There’s a much more formal process now,” said Taso Lagos, a UW professor who teaches international communication and manages a study-abroad program in Greece. “With administrators that are very aware, with lines of communication open and policies in place if something happens.”...
The UW’s growing commitment to international education—- even in a budget crisis—is reflected in some developments. [UW Vice Provost for Global Affairs Stephen Hanson] was named a vice provost in January, and in the spring, the UW dedicated an entire wing of the Gerberding Hall administration building to growing an international mission and profile.
This year, a travel security and information officer is coming on board to oversee emergency response and preparedness, as is Peter Moran, a new director of international programs and exchanges who previously worked at the Fulbright Commission office in Katmandu, Nepal.
New guidelines are being put in place to streamline communications, ease financial transactions and institute mandatory training for faculty taking students abroad. The Global Support Project, a rapid-response team with one person from each branch of the central administration, takes on cross-disciplinary international challenges.
Such reforms aren’t unique to UW.
Universities across the country are examining how better to organize study abroad to meet blossoming demand from students (and prospective employers) for foreign experience. Many are turning to independent service providers whose business it is to contract housing, health care or niche risk management services dealing with legal, financial or public relations crises when things go haywire abroad…..
Though the university bore no responsibility for any of the events Knox became entangled in, media across the world continued to mention the University of Washington—whether it was because of character witnesses who were her college buddies, reports of wild off-campus parties Knox attended in Seattle or her studies while in prison.
3) Italy’s justice reforms will be nudged hard
Polls have show that though Italians admire and trust their justice system and especially the brave people within it (over 100 have died fighting mafia) a majority would like some rebalancing toward victims and families.
Justice reforms are now on the national agenda. What happened in Rome yesterday to deny Meredith justice is stirring Italy and seems certain to impact them.’
Court days to flow continuously? Some backing off from automatic appeals? No juries at the second level? Prosecutors and judges to be allowed to speak out more? Maybe in lieu of some of those onerous sentencing reports? Limits to defendants talking without cross-examination in the courtroom?
These are not extreme, they are mainstream in the common-law system, and they would speed Italy’s up, make it fairer, and cost less (a lot less!).
All incredibly worthwhile. For one so young, in death Meredith may come to help millions for the better.
Archived in Concerning Meredith, Her memory, The wider contexts, Perugia context, Italian context, N America context, Italian system
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Friday, March 27, 2015
Supreme Court Appeal By RS And AK Against Florence Court Rejection Of Their First Appeal #2
Posted by The TJMK Main Posters
Tweets from the court
New tweets from the court if any (we may have to wait for breaks) are being added under the various author’s names below. Numbering flows from Wednesday’s post.
Any breaking news
22. Reason for delay in the announcement is paperwork we believe, there were dozens of reasons for an overturn in the two written appeals, and they would have to be responded to one by one if appeal is denied. The Telegraph seems to be planning a live website feed though it may be from outside. .
21. Here is where Sollecito is headed if he makes it before any guilty verdict and the 2 police cars in his rear mirrors him stop him and take him in: 41°14’37.80"N 16°29’2.50"E Put that into Google Earth search and then descend to street view. Thats the gate for the compound, chez Sollecito is a couple of houses down on the left. Francesco Sollecito has addressed crowds of reporters there.
20. Video here of RS and his sister Vanessa leaving by side entrance, possibly for Bari. As Florence prosecutors are in court, this may be his way of ensuring he is not photographed being frogmarched out of there.
19. Knox undercut her own defence by stiffing Florence court. Could in new Florence trial face more years for criminal defamation. Moore & Burleigh & Fischer & other PR shills may face citations too, as their excesses outnumber those of Gumbel and Sforza already in court. Tweeting stalkers too. Communication Police looking now.
18. Italian ANSA report is calling RS lawyer Giulia Bongiorno’s address to the court “Bye Bye Amanda” as she says only questionable DNA relates RS to scene of crime. [Oh? Several footprints? Opposing knife wounds? Multi alibis? Computer? Cellphone?]
17. Media, please get it right: Amanda Knox was not “tried in absentia” at Florence “trial”. IT WAS HER OWN APPEAL and Italian lawyers argued with her for a week that she really needed to be there. Having abused so many in Italy, and put drug dealer in jail, was her no-show really such a surprise?
16. Strong-arming unethical Gogerty-Marriott PR firm closes down in Seattle with a final dishonest thump of the chest. Said to be freaked by potential legal liability. Maybe Knox herself should sue as they made her plight much worse.
15. So NYC Sollecito advisor John Q Kelly shows his face again. He was wildly wrong on the hard facts late 2009 and promptly disappeared.
Tweets from journalist Andrea Vogt
17. Heavy media & police presence at Italy’s high court this a.m. for final hearing in #amandaknox case. Sollecito’s defense at 9.
18. Raffaele Sollecito’s Italian and American lawyers Giulia Bongiorno & John Q Kelly just greeted in hall outside Aula Magna
19. Giulia Bongiorno on the lack of DNA from #amandaknox and sollecito in murder room: only a dragonfly leaves no trace.
20. Bongiorno casting doubt on forensic police dna interpretation. “Maybe, in science, does not exist. Either it is Raffaele ‘s dna or not.”
21. High court judges in #amandaknox case are going into deliberations now. They will alert all one hour before they announce decision.
22. Court can: 1) call appeal [outcome] inadmissable 2) accept it 3) reject it 4) annul convictions & back to appellate 5) annul convictions.
23. Members of Florence prosecutor’s office are at Rome court today for decision on #amandaknox / Sollecito appeal of their convictions.
24. #amandaknox convictions have been completely overturned. She is a free woman.
25. Both raffaelle Sollecito and #amandaknox convictions have been fully overturned. Cries of joy in courtroom from sollecito’s family
Tweets from main poster Kristeva
15. Follow @andreavogt as she has better phone reception than me. I apologize
16. Much larger crowd today attending the final hearing for #amandaknox & #RaffaeleSollecito
17. The general feeling among reporters is that #RaffeleSollecito might get a second appeal. no chance 4 #amandaknox
18. Several reporters interested in http://Themurderofmeredithkercher.com and will call me to have more info in the next days
19. I was asked how the #MeredithKercher support website started and I gave the whole history
20. Spoke to Maresca to thank him and in return he thanked our volunteer work for http://themurderofmeredithkercher.com
21. Reporters were also interested in PR machine for #AmandaKnox and I referred them to http://TrueJustice.org
22. After Bongiorno, Maori will give his arguments and Judges with enter chambers to deliberate verdict
23. Timing of verdict for #amandaknox and #RaffeleSollecito unpredictable. May justice 4 #MeredithKercher prevail. My prayers for family
24. [6.15 am US east coast time] Maori finished. Judges have entered chambers to deliberate verdict.
25. No more appeals. Case over #amandaknox #RaffaeleSollecito acquitted for murder of #MeredithKercher #SHAME
26. I am shocked
Tweets from main poster Machiavelli
17. [no tweets yet]
Tweets from journalist Barbie Nadeau
4. High court now deliberating fate of #amandaknox and #RaffaeleSollecito in #MeredithKercher murder case.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Those officially involved, Supreme Court, Appeals 2009-2015, Florence 2014+, Nencini Report, Cassation 2015, Extradition issues
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Wednesday, March 25, 2015
Supreme Court Appeal By RS And AK Against Florence Court Rejection Of Their First Appeal
Posted by The TJMK Main Posters
Tweets from the court
New tweets from the court are all being added under the various author’s names below. This will continue Friday for sure.
Any breaking news
13. Court is over for the day and will resume on Friday.
12. La Nazione reports: “The judgment of the Supreme Court on the murder of Meredith Kercher will not arrive before Friday 27, the day when the judges will meet in closed session. This was announced by the President of the Fifth Criminal Chamber of the Supreme Court, Gennaro Marasca, during today’s hearing.”
11. We dont know the local telephone network capacity there. But many cellphone transponders can handle only 24 calls at a time. Demand for “outside lines” could number in the hundreds from the entire court. Maybe there’s an open WAN but we doubt.
10. Regardless of outcome Knox legal problems could go on for years. Since 2009 she has faced calunnia charges for lying on the stand. Possible sentence six years. Now Florence court has added calunnia charges for lying in her book, in Oggi, on her website, and on American TV. Perception going back to Ricciarelli is she is dangerous and hurts people, even if final murder verdict is not in.
9. Popper says of Dr Pinelli: “In his late 50s (a young man ref Cassazione average), a career both in Abruzzo region (Avezzano where he was born in 1957) and L’ Aquila, and then Naples in the Procura Generale; then promoted to Cassazione. Very much acquainted with murders and organised crime.”
8. Popper says of Dr Marasca: “Section President of Cassation [one of the few] and member of Consiglio Direttivo, a sort of Executive Board of the Supreme Court ... one of the most experienced magistrates in Italy, born in 1944. Since 1970 a magistrate.”
7. News service ANSA: “The head judge is Gennaro Marasca. The lead prosecutor is Mario Pinelli. After the prosecutor has spoken it will be the turn of Maresca (for the Kerchers). Then they’ll hear from Bongiorno and Maori, Ghirga and Dalla Vedova”.
6. New report with today’s date from Barbie Nadeau on the CNN Website. Seems CNN like most US media no longer solidly in Knox camp.
5. The Court has placed a ban on live tweeting from inside the courtroom, where mobile phone reception is poor anyway. Reports will come during the breaks.
4. Best guess at timing of decision is late PM US East Coast time. In 2013 it came the next day.
3. As with previous court outcomes, expect long-form analyses of outcome by Machiavelli etc within the next few days.
2. New York Times’s Elisabetta Povoledo provides a good overview of today’s context.
1. See our own scenario for today and coming weeks in the event the Florence verdict and sentences is confirmed.
Tweets from journalist Andrea Vogt
1. Raffaele Sollecito is here in court, speaking with his lawyer Giulia Bongiorno. #amandaknox lawyers and Patrick Lumumba also present.
2. Cannot tell how the court is leaning. Reviewer made hurtful and helpful comments to both sides. Still could go either way. #amandaknox
3. Court pres Gennaro Marasca calls break until 2:30. PG Mauro Pinelli has another hour of arguments. Arguments & ruling could be Friday
[break for lunch]
4. There is a sense among some observers that the Court is differentiating between positions of amanda knox and raffaelle Sollecito.
5. Maresca: I am representing the Kercher family in court for the 8th time. I hope this will be the last arguments I give on their behalf.
6. Maresca: It is time for the Kercher family to finally be able to remove this poor victim from the law courts.
7. Ghirga: “its not that we want to blame the poor black guy, its that you cannot rule out a single aggressor.”
8. Lawyer Luciano Ghirga: The scientific evidence favors #amandaknox (no trace of her in the murder room).
9. Carlo dalla Vedova has launched a blistering attack on the state of Italian justice system and the problem of “the neverending trial.”
10. Dalla Vedova for #amandaknox: How can we tolerate in Italy that trials can go on forever?
11. Hearing over for the day. Raffaelle Sollecito’s defense will continue Friday, march 27.
12. Ghirga: “its not that we want to blame the poor black guy, its that you cannot rule out a single aggressor.”
13. Lawyer Luciano Ghirga: The scientific evidence favors #amandaknox (no trace of her in the murder room).
14. Carlo dalla Vedova has launched a blistering attack on the state of Italian justice system and the problem of “the neverending trial.”
15. Dalla Vedova for #amandaknox: How can we tolerate in Italy that trials can go on forever?
16. Hearing over for the day. Raffaelle Sollecito’s defense will continue Friday, march 27.
Tweets from main poster Kristeva
1. I have arrived outside Section V. Sollecito, father and Greta. Poor [cellphone] reception.
2. Spoke to Avv. Maori & asked him who general prosecutor is and he doesn’t know yet. there are 2.
3. Andrea Vogt has just arrived and speaking to Avv. Ghirga
4. American British Journalists are all talking to Avv Dalla Vedova now.
[court session starts]
5. Relator Judge P. A. Bruno laughs once and while getting names wrong such as Hallowo instead of Halloween.
6. Prosecutor finds Rudy’s climbing up wall 4 numerous times “crazy”
7. Paolo Antonio Bruno knows the case extremely well without ever looking at his notes.
[court breaks for lunch]
8. Prosecutor has ended. He asked without remand 28.3 yrs #amandaknox and 24.9 for #raffaelesollecito
9. Bongiorno has asked to speak on Friday so most likely verdict will be then.
10. Pacelli now on civil case for Patrick Lumumba
11. Maresca has now concluded. Confirms all points made by Nencini, the general prosecutor and Galati
12. Maresca was brief and concise and said that after 8 years he hopes this is the last time he has to make same arguments
13. Maresca says that everything asked by #amandaknox and #RaffaeleSollecito has already been asked at Perugia and Florence trial.
14. Maresca makes a big point about pages re Conti & Vecchiotti and calls them on their lie.
Tweets from main poster Machiavelli
1. Reporting Judge at SC for the Meredith case is Antonio Paolo Bruno.
2. The Prosecutor General is Mario Pinelli. President Judge is Gennaro Marasca.
3. PG said the Florence sentence “respects the indications set by the Cassazione”
4. PG: says courts, based on findings “correctly established that the theft was staged”.
5. PG: court “pointed out correctly” that there was a staging “in order to side-track investigation”
6. PG: “3 people attacked the victim” and “there was no fight” unless you mean “attempts to defend herself by restrained victim”
7. PG: Florence decision not to repeat computer analysis on Sollecito’s laptop is “not censurable”
8. Sollecito reported nervous when PG observes computer data defence objections are irrelevant to alibi.
9. PG: Florence refusal to order anthropometric investigation on CCTV images is “adequately motivated”
10. Pinelli: phones removed because by “ringing in the home” may have caused early discovery of the crime.
11. Judge Bruno (like Zanetti) had said the trials had “not many certainties” beyond the girl’s death and one definitely convicted.
12. PG Pinelli said some minor charges have expired, thus Florence should re-assess penalties with slight reduction due time limitation laws.
13. Antonio Paolo Bruno is the Supreme Judge who was accused of conspiracy with Mafia by prosecutor DeMagistris in 2006.
14. Pinelli asked 3 months cut from both penalties (weapon carrying). But this cut may technically require intervention by Florence court.
15. Maresca says that everything asked by #amandaknox and #RaffaeleSollecito has already been asked at Perugia and Florence trial. Enough.
16. Maresca makes a big point about pages re Conti & Vecchiotti and calls them on their lie.
Tweets from journalist Barbie Nadeau
1. Judge confirms verdict will be Friday in #MeredithKercher case.
2. Prosecutor in #AmandaKnox case asks to trim 3 months off Knox’s 28 year 6 month sentence.
3. Reason for shaving 3 months off sentence in #AmandaKnox case is statute of limitations in theft charge.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Those officially involved, Supreme Court, Appeals 2009-2015, Florence 2014+, Nencini Report, Cassation 2015, Extradition issues
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Tuesday, March 24, 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:
“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.”
Here is my reply:
“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”.
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.”
Archived in Hoaxers - main people, Knox-Mellas team, Sollecito team, More hoaxers, Other legal processes, Extradition issues, The wider contexts, N America context
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Monday, March 23, 2015
Did The State Department Really Offer Assurances To Amanda Knox She Never Would Be Extradited?
Posted by Ergon
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.
Archived in Hoaxes Knox, Knox book hoaxes, Hoaxers - main people, Knox-Mellas team, More hoaxers, Other legal processes, Extradition issues, Reporting, media, movies, V bad reporting
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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.
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?
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
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.
Archived in Appeals 2009-2015, Florence 2014+, Reporting, media, movies, V bad reporting, Italian justice hoax, No-evidence hoax
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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
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
Archived in Appeals 2009-2015, Florence 2014+, Reporting, media, movies, V bad reporting, Italian justice hoax, No-evidence hoax
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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
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.
Archived in Appeals 2009-2015, Other legal processes, Others elsewhere, Extradition issues
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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.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Those officially involved, Supreme Court, Appeals 2009-2015, Cassation 2015, Smoking-gun posts, Italian justice hoax, Italian system
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Friday, March 13, 2015
Knox Lies: Adding A Dozen More To The Several Hundred Knox Wont Yet Retract
Posted by Chimera
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?
Archived in Crime hypotheses, Pondering motive, Those who were charged, Amanda Knox, Public evidence, Staged breakin, The two knives, Cellphone activity, Hoaxes Italy & the case, No-evidence hoax, Hoaxes Knox, Knox persona hoax, Knox alibis hoax, Knox book hoaxes, Hoaxers - main people, Knox-Mellas team
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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
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.
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
(DR. GIULIANO MIGNINI)
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Those officially involved, The prosecutors, The defenses, The judiciary, Trials 2008 & 2009, Prelim hearings, No-evidence hoax
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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.
Archived in Those who were charged, Raff Sollecito, Those officially involved, Police and CSI, Public evidence, Knox persona hoax, Sollecito's alibis, Sollecito book hoaxes
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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.
Archived in Those who were charged, Raff Sollecito, Other legal processes, Sollecito diffamazione, Sollecito team, Sollecito book hoaxes
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Thursday, March 05, 2015
Ten Of The Ways In Which The FOA Petition That The State Department Accepted Is Dishonest
Posted by Peter Quennell
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.
Archived in Those who were charged, Amanda Knox, Rudy Guede, The wider contexts, N America context, Knox-Mellas team, Knox interrog hoax, Knox book hoaxes
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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.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Rudy Guede, The wider contexts, N America context, Knox-Mellas team, Sollecito team, Michael Heavey
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Saturday, February 28, 2015
Revenge Of The Knox: How Knox’s Body Of Lies Headed For The Dark Side (Series Overview)
Posted by Chimera
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 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: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:Her email to Judge Nencini.
Click here for:This May 2014 interview with Chris Cuomo.
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.
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 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 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)
Archived in Those who were charged, Amanda Knox, Public evidence, Knox-Mellas team, Knox persona hoax, Knox alibis hoax, Knox book hoaxes, No-evidence hoax
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Thursday, February 26, 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 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.
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.
Archived in Other legal processes, Others elsewhere, The wider contexts, N America context, Reporting, media, movies, Media news, V bad reporting, Knox-Mellas team, More hoaxers
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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
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?
Archived in Those who were charged, Amanda Knox, Other legal processes, Extradition issues
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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.
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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
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]
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