Breaking news: (1) Italian news service ANSA reports: The date of 25 March 2015 is fixed for the Supreme Court hearing on the appeal of Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher. Dealing with the proceedings will be the Supreme Court's Fifth Section with Judge Paolo Antonio Bruno as the reviewer. (2) Skeptical Bystander of PMF dot Org reports this: "Since we now have a date for the Cassation hearing, I am pleased to announce that the very final touches are being put on the Nencini report (nearly 350 pages!) and it should be published by the end of this week."

Tuesday, September 30, 2014

The Knox Interrogation Hoax #14: Dr Mignini’s Knowledge Of Knox “Interrogation” Explained To Media

Posted by The TJMK Main Posters

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Dr Mignini examines Knox July 2009 on the “interrogation” at her own initiative

1. Overview Of This Post

Post #1 includes an overview of the entire series and links to all posts up to this one.

Knox has repeatedly claimed that Dr Mignini was present at the informal summary/recap session led by Inspector Rita Ficarra, the actual purpose of which was merely for Knox to suggest a few possible leads the police might interview.

He wasn’t there, though. And he has repeatedly explained that at the second session ending with a second insisted-upon statement by Knox at 5:45 AM, his entire role was to read Knox her rights, and to advise her to say no more until she had appointed lawyers. (Regardless, she then insisted on dictating that second statement.)

Dr Mignini more than anyone else at the central police station that night developed a complete overview of how the two sessions had proceeded.

THREE TIMES Knox willingly put herself under his questioning (December 2007, January 2008, July 2009) to attempt to shake this. While his questioning was formal, polite and quite mild, Knox’s recollection of 5-6 November was scrambled or devious (some think she and RS were both high on hard drugs).

So by the end of those sessions Knox seems to have made a complete disbeliever of Dr Mignini, swayed few if any in Italy, and certainly did not sway the judges of the trial court or any appeal court.

But few English-language reporters other than Andrea Vogt, John Follain and Barbie Nadeau have interviewed and reported Dr Mignini in depth fairly, and there are a number of English-language reporters to whom he kindly gave time who mangled what he lucidly and fairly explained to them.

In July 2009 Dr Mignini wrote an acerbic email to Linda Byron of Seattle TV to attempt to straighten out her own understanding, and although she seemingly tried to hide it, we captured it and translated and posted in full his explanation.

Highly worth reading.

In mid 2011 a similar thing happened. Drew Griffen of CNN was given a three-hour on-camera interview - and sarcastically broadcast cherrypicked and mangled responses from Dr Mignini. Again we obtained Dr Mignini’s full statement, and Skeptical Bystander posted the whole thing in three long parts, with translation by Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

Again, highly worth reading.

In the first 20 minutes of the second hour of the interview, Drew Griffen tried to give Dr Mignini a hard time over the so-called Knox interrogation. Drew Griffen was abysmally informed of the testimony at trial we have been posting and had no idea of the substance of Knox’s one interview on 5-6 November or the fact that this was merely a recap/summary session not ever requiring recording.

Dr Mignini had not himself testified at trial, and he led the testimony of others present on 5-6 November very fairly and without defense protests about any bias. And Dr Mignini is not under oath here. However this 20-minute segment is important, for it reinforces that Knox was treated extremely fairly and she had no genuine reason for complaint about it.

2. From Mid-2011 Interview By CNN With Dr Mignini

0’40’’ English question [Translator’s note: These words are in English in the Italian transcript of which this document is a translation.]

0’48’’ CNN: You didn’t interrogate Amanda?

0’50’’ Mignini: Oh, the police interrogated her. I was told about it. I wanted to explain this. I remember that I had gone to sleep and the director of the flying squad, Dr. Profazio, called me, because he tells me: “There are developments; Raffaele in fact has denied what he had said before”. So I went down and the head of the flying squad told me what had happened. At some point they tell us that Amanda has made this statement.

And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda, who had placed herself on the scene of the crime and who said that she had accompanied Lumumba and let him in and that then Lumumba, in the other room, allegedly committed a sexual act and killed Meredith. This is what she said.

2’11’’ Then I was called, I was informed about this, I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba.

20’48’’ Then I, as I had in some way to, let’s say… this police interrogation had been suspended. At that point I remember that… they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter, who was Mrs. Donnino, I remember there was a police woman officer who wrote the statement down [verbalizzava], I did not ask questions. She basically repeated what she had told the police and she signed the statement. Basically I didn’t ask Amanda questions. Not before, since the police asked them and I was not there, and not after, since she made spontaneous statements. Had I been asking her questions, a defense attorney should have been there. This is the procedure.

05’24 CNN: She had an interpreter during the whole time?

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

05’32’’ Mignini: Look the interpreter was there, when I heard her there was the interpreter. The interpreter Anna Donnino, who is an interpreter for the police; she was hired by the police.

Just like I believe that there was [before], I do not have the minutes now, but yet now this is a fact, it is undisputed that there was an interpreter.

06’02’’ CNN: Amanda Knox says she was interrogated for 14 hours…

06’11’’ Mignini: No, look, absolutely not. At 1 a.m., the minutes of Nov 6th has started at 1 a.m. and I arrived, 14 hours that cannot be, we are really… that’s absolutely impossible. So the minutes were done at one o’clock, then the minutes of the spontaneous declaration was taken at 5.45, it maybe lasted half an hour because no questions were asked. She made her statements; they were translated; then at around 8 a.m., I think, at approximately 8, I drew up the detention order. Thus it is… well, she had been heard earlier, so she had been questioned as a person informed of the facts at around one forty-five a.m. She had previously been heard by a female police officer, but [that’s] because she had gone voluntarily to the police and she reported that, she said things quite relevant to the investigation of Raffaele and was heard by the inspector [Rita] Ficarra. However this [event] ... I was not there, I do not know [about it]. But remember, there are the minutes. Then the minutes in which she was questioned as a person informed of the facts starts at 1:45 of November 6, and cannot have lasted 14 hours ... in no way whatsoever. Then she was arrested at around 8 a.m. or at about 9 a.m. or so.

08’16’’ Mignini: Look, I remember what I saw when I saw her personally, because she said, I told her: “you can make, if you deem it [necessary], a spontaneous statement, because Italian law provides for this. If a person is aware that he/she is suspected [under investigation], may request to speak before a magistrate, it happened many times, they came also to me, and they say “I want to make a statement”. Very well, I listen. If I listen, I wanted this to be highlighted…. to be clear, I listen and that’s all, and I ask no questions, the defense attorney may be not present. But if I ask questions and I object to the facts [of your answers], it is like an interrogation and thus we would need a defense attorney.

09’10’’ CNN: was [Amanda Knox] scared?

09’11’’ Mignini: Well, I recall this feeling that I had in that moment which, [as] I am explaining to you, in the spirit in which I am doing this interview, to explain to you the acceptance [adozione] of our requests [provvedimenti], what was, why the trial went in a certain way. [Translator’s note: The Italian in the CNN transcript is nearly incomprehensible. We have provided the foregoing on a best effort basis.]

09’36’’ She was, she seemed to me like she was uplifted, freed of a weight, and terrified of Lumumba. That’s an impression that has stayed with me, yet I don’t understand. I remember that there was a policeman who was called, from the SCO [Servizio Centrale Operativo] in Rome, who made an impression on me because he was very fatherly. She was crying as though freed of a great weight, and he was trying to console her. I remember there was also a policewoman who, well, she…[missing word?] and I’m sure that.. [missing word?] .. well, all that picture how it was described later… at that moment it wasn’t like that. Right then, there was a situation in which I was trying to console her, to encourage her, because actually we believed that she had told the truth.

11’03’’ CNN: No one hit her?

11’06’’ Mignini: No, look, absolutely not. I can state this in the most positive way, and then, let’s say… I wasn’t there when she was being questioned by police, the rooms are quite far away… you don’t know but I was… it’s quite far, there’s a corridor, and I was with the director, Dr. Porfazio, and she was being questioned in a different place. I also remember that passing through, I also saw Sollecito who was alone in a different room; he was also being questioned, as I recall. I don’t exclude…well…it’s clear that I wasn’t there, but I don’t believe that anything whatsoever happened, and in my presence absolutely not.

11’55’’ On the contrary, there was an attitude of… I mean they gave her [some] ... [missing word?] then she was like, you know, like someone crying from a sense of liberation, as though she had been freed. That was the attitude.

12’51’’ CNN: Why wasn’t there any video or transcript of those hours?

13’00’’ Mignini: Look, that’s, I was at the police station, and all the…let’s say…when I made investigations in my own office, I taped them. I taped them, we have an apparatus for that, and I transcribed them. For example, there’s the interrogation of the English girls, Meredith’s friends, it was all taped. The interrogations of Amanda in prison were taped, and then transcribed, and we have the transcripts of… But in a police station, at the very moment of the investigation it isn’t done, not with respect to Amanda or anyone else. Also because, I can tell you, today, even then, but today in particular, we have budget problems, budget problems that are not insignificant, which do not allow us to transcribe. Video is very important…I completely agree with you that videotaping is extremely important, we should be able to have a video recording of every statement [verbale di assunzione di informazioni] made Because what is said is very important, but it’s maybe even more important how it is said, the non-verbal language. Because from the non-verbal language you can [missing words].

15’14’’ Mignini: It isn’t only Amanda, it’s always like that. But I wanted to say that I agree with him that it’s fundamental, only there’s a problem, especially when the witnesses are so numerous, and in fact just recording, I mean recording the sound, isn’t enough according to me.

15’38’’ CNN: It doesn’t cost much, he says.

15’40’’ Mignini: Well we have significant budget problems, that’s what it is.

15’38’’ CNN: So in the end, you did get a confession. But then, everything that was written in the confession became a lie?

16’16’’ Mignini: But then, there was the fact that she placed herself at the scene of the crime, and Lumumba wasn’t there, together with the three of them, the two of them, but Rudy was there, according to the facts that emerged later. But the fact of having accused…and she’s even accused of calumny in regard to Lumumba, was an element that was very important from the point of view of her legal position at the trial. Why accuse someone of participating in a crime, placing yourself at the scene of a crime? Because with those declarations, she placed herself at the scene, at the place of the crime. And she placed someone there who was a complete stranger to it. Why did she do that? There is one detail that’s particularly significant. Above all when Lumumba was arrested and no one – if it hadn’t been for the Public Prosecutor’s Office that conducted the investigation, and that is mandated to seek elements in favor of the accused, Lumumba would have stayed in prison. But we investigated, and we saw that Lumumba wasn’t involved, that he was the object of calumny and so he was freed and the case against him was archived.

18’15’’ CNN: Was she asked to imagine what might have happened?

18’24’’ Mignini: No, absolutely not. Either you saw a person or you didn’t. I can’t ask someone what they imagine because it would be a question that doesn’t mean anything, that I even don’t understand.

This really does finish our posting of the case for the prosecution on this “interrogation” issue, though at least half a dozen other investigators provided supportive testimony which we have not yet quoted.

Next, how all of the Italian courts up to Cassation concluded that Knox’s claims were unsupported, contradictory, and damaging, and how her three-year prison sentence served was well justified.

Posted on 09/30/14 at 11:40 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
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Wednesday, September 24, 2014

Analysis #2 Of Testimony Of Dr Chiacchiera, Organized Crime Section: Discounting Any Lone Wolf

Posted by Cardiol MD

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Dr Chiacchiera (talking) with his team explaining reason for charges in another case

Overview Of This Series

In 2007 Dr Chiacchiera was the Director of the Organized Crime Section and the Deputy Director of the Flying Squad.

He was one of the most senior and experienced law enforcement officers to testify at the trial.  His testimony and his cross examination by the defenses occupied a lot of time of the court late in February 2009. He covered the following ground.

    (1) He found Knox and Sollecito uncooperative when he asked them questions.

    (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

    (3) Phone records and the police investigation into the accused phone activity the night of the murder.

    (4) Discovery of pornographic magazines at Sollecito’s house.

    (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.

All the translation is by the ever-dedicated main poster ZiaK. This series is highlighting some key portions. Here is the full 50-page transcript which will be posted in the trial testimony area of McCall’s great Wiki.

This post continues analysis of the evidence that the lone burglar/lone wolf theory was not credible to those that were first on the crime scene and that the “break-In” to Filomena Romanelli’s room was to them obviously faked.

Public Prosecutor Comodi [MC] Leads Testimony

Judge Massei [GCM}:  Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, … there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

{Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}

Manuela Comodi [MC}:  Well, in short, they were called … they are the only ones who can describe the whole progression of the investigations - Dr Profazio and Dr Chiacciera – because they are directors, they are the only ones who will come to describe for me, thus, what was the progression of the investigations. Clearly, in order to pass from one investigative act to another rather than … and the choice of the subsequent investigative acts. It’s clear that they have to describe, in order to make a complete reasoning, even the lines of thought that, as Dr Chiacchiera said, it sometimes happens that they make. However, one point: apart from the break-in, apart from the broken window, there are … did you acquire further elements that corroborated the idea that there had been a burglary? Nothing from Romanelli’s room had been carried off? Valuable things had been taken?

{Examiner acknowledges Court's admonition, argues importance of her witness's testimony, and segués into triple-Q addressed to witness re elements corroborating idea of burglary.}

Dr Chiacchiera [MaCh]:  This ... in fact, in the progress ...

{Witness begins to answer, but is interrupted by Examiner}

MC:  Was a declaration/complaint of theft made then, with a list of the things taken?

{Examiner interrupts witness with new double-Q}

MaCh:  In the logical progression, if I may in some way still, in summary, say what ….

{Witness begins narrative response but is interrupted by Court}

GCM:  Say the objective facts, if you have ….

{Court interrupts witness, beginning to admonish him to respond by testifying to objective facts, but is itself interrupted by witness}

MaCh:  Nothing disappeared, so a burglar would have had difficulty …

{Witness answers 3rd Q of Examiner's above triple Q, but then launches into a narrative beginning: "so…", but Court interrupts}

GCM:  Excuse me, nothing had disappeared? Before all else, what thing .... you knew what things were in that room that did not disappear?

{Court interrupts, questioning basis for witness's statement that "Nothing disappeared"}

MaCh:  Yes, because, shall we say, the investigation elements that then subsequently emerged, allowed us to deduce that from Romanelli’s room absolutely nothing disappeared. There was a complete mess/chaos, but nothing disappeared from Romanelli’s room. And this is another element to [lead us] to obviously deduce that the desired hypothesis of a burglar and of a theft was objectively … But then the burglar does not [sic] close the door and throw away the key. The burglar does not cover the victim. The burglar …

{Witness answers Court's Q, with narrative explanation including reference to "the key", and Court interrupts}

GCM:  Excuse me. They key. What is this detail about the key? What is it?

{Court asks Q simple Q re "the key" - with apparent transcriptional error: "They key"}

MaCh:  There was no key.

{Witness answers Court's Q}

GCM:  There was no key where?

{Court asks simple Q}

MaCh:  Those who entered into the inside of the house first found the door closed. A closed door that then aroused the suspicions and that then gave concern and then it was decided to … to break [it] down.

{Witness responds to Court's Q with narrative explanation}

GCM:  Excuse me, on [sic] Romanelli’s room there was no key?

{Court asks another simple Q}

MaCh:  No, I’m talking of Meredith’s room, Mr President; Meredith’s room was locked by key.
This is another … how to say, the investigative deductions that we drew from these details that emerged, also from the declarations that we gathered.

{Witness responds to Court's Q, and informatively amplifies A}

MC:  Was it normal that Meredith closed herself [sic. i.e. her room] by key?

{Examiner asks witness a simple Q}

MaCh:  No.

{Witness gives simple A}

MC:  And did you find the key of Meredith’s room?

{Examiner asks witness a simple Q}

MaCh:  No.

{Witness gives simple A}

MC:  So it was closed by key, but there was no key inside?

{Examiner summarises witness's testimony re key and poses a simple Q}

MaCh:  But there was no key inside, so that it was necessary to break down the door in order to enter. Also the almost inexplicable detail of the presence of two cellphones in a garden of a house, doesn’t tend to favour the thesis of someone who enters and who accidentally, so to speak, finds a person and then kills them, because [he] is forced to kill them because they have seen [his] face.

{Witness responds to Q in form of confirming-repetition and amplifies A in expanded narrative-form}

MC:  But is via Sperandio far from via della Pergola?

{Examiner poses vague Q re proximity of 2 streets}

MaCh:  No. And there we tried to deduce. And via Sperandio, as I said earlier, Doctoressa, is not far from the house. We discussed [this] to understand why these telephones went and ended up there …

{Witness answers simply, and respectfully, introducing " the house" on one of the streets, seguéing into subject of the mobile telephones and is interrupted by the Court}

GCM:  Excuse me. When you say it is not far from the house, can you specify at what distance? How one reaches it?

{The Court's interruption is also vague, with double-Q, referring to an unspecified "it"}

MaCh:  Not far from the house means that, by following a route that any Perugian knows, Mr President, one passes through a park and one arrives, let’s say, near the gateway of Porta Sant’Angelo. So for this reason, as the crow flies, how much would it be, but less [sic] … three hundred, four hundred metres. But to reach it by foot from via della Pergola to via Sperandio I think that it doesn’t take more than 5, [or] 7 minutes.

{Witness responds to Court in explanatory narrative form

MC: But do you have to pass by via Garibaldi?

{Examiner asks simple Q}

MaCh:  Yes. But you can also pass through the park – there’s a park that then comes out right in front.

{Witness answers Q, and amplifies his response}

MC:  Of the villa?

{Examiner seeks clarification of witness's response}

MaCh:  In front of the villa, at the entry to the villa. Looking from the street that crosses with the provincial [road], the one that, shall we say, borders the villa, whoever is looking at it, I repeat, I – who am 44 years old, am Perugian – I did not know that there was a garden behind there.

{Witness clarifies his response, amplifying further}

MC:  And how far away is via Sperandio from via Garibaldi, corso Garibaldi?

{Examiner asks apparently simple Q}

MaCh:  it’s parallel. It’s very close, very very close. It’s 200 metres away, as the crow flies. I think even much less, because they are almost parallel, let’s say. Even that is something that in some way made us understand that there was an interest in getting rid of those cellphones, clearly, by whoever did that thing there.

{Witness gives detailed response;
See: "Just seeing police could panic the killers into instant dumping of the telephones, without even needing to know why the police were where the police were (There is no need to invoke any awareness by the phone-dumper[s] of the reason the Police were near Mrs. Lana’s place - the hoax-call.). 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)." In TJMK: "Updating Our Scenarios And Timelines #2: An Integrated Comparison Of The Timing of the Phone-Events." 6/28/2013}

MC:  When you arrived for the first time in via della Pergola, did you enter the room of the crime?

{Examiner asks simple Q}

MaCh:  Immediately, no. I went in afterwards, when Dr Mignini also arrived; and later with Dr Lalli. Then I had, how to say, occasionally entered when the crime-scene inspection of the Forensic Police, of the colleagues arrived from Rome, was already begun, so late. I didn’t stop long inside the house, I say the truth, also because the measures/orders that I issued immediately were those, yes, of deducing, [of] drawing out all the investigative elements that might emerge in the immediate surroundings [and/or immediately after the facts] to seek to immediately direct the investigation activity, but also to “freeze” [sic. i.e. to solidify, or to make concrete] another aspect, which was that of hearing/questioning all the people who might tell us details on Meredith’s stay in Perugia, in general, but above all on her final hours, on her visits/visitors, everything about those who Meredith had known in some way and … This was the thing that we considered logical to do precisely in relation to this, to these first investigative deductions that we drew from the [above]-described crime-scene.

{Witness gives detailed narrative reply}

MC:  And so that same day you were present when they began to hear/question…

{Examiner begins preamble to presumed Q, but is interrupted}

MaCh:  Yes.

{Witness interrupts Examiner with witness's answer to assumed Q}

MC:  … the people [who were] acquainted with the facts.

{Examiner completes interrupted Q-in-the-form-of-a-statement, which omits Q-mark}

MaCh:  I was present. I did not participate personally in the examination [of witnesses], but I was present, in the sense that both with [my] colleague Profazio and with [my] other colleague from the central operative service…

{Witness responds with narrative description of circumstances, but is interrupted}

MC:  from Rome.

{Examiner interrupts with her assumed next part of witness's response}

MaCh:  from Rome. We began to put the pieces together, excuse my [use of] the expression; that is to say all the … all the elements that emerged from the examination of witnesses, were checked, were gradually verified/cross-checked.  Both with cross-checks that enlarged the group of witnesses, of the people to be heard/questioned, and with the checking of the alibis of many people, [as well as] with a technical activity that was carried out.

{Witness confirms Examiner's assumption, and completes his narrative description of circumstances}

MC:  That is to say?

{Examiner enquires as to witness's reference to indefinite "technical activity"}

MaCh:  A technical activity. A bugging activity was carried out. There was also an activity carried out also for the cross-checking of the phone [activity] printouts. There was an activity to understand also the cross-checking of the [phone] cells. There was a very wide-range activity carried out. Without excluding, I repeat, all also [sic] ... shall we say, the minor hypotheses. For example, the news arrived of a Maghrebi who had been in a rush to wash his own clothes in a launderette, not too far from the scene of the crime. This piece of information was excluded for a very simple reason, because from the first results of the investigative inquiries, he had arrived there in the early afternoon, but instead, in the early afternoon of the day before her death, Meredith was still alive [sic]. Because from the witness examinations we had determined that the last person who had seen her alive, saw her in the late afternoon. After which, we also did another series of checks relative to the one [sic] that there was a strange telephone call that the people who found the cellphones in the famous villa, the beautiful one on via Sperandio, had received in the evening. However, we had, how to say, understood that it was a case of a boy who had made a call from Terni and of a strange coincidence, but absolutely irrelevant for the investigation activity. Indeed, we made checks on all the hospitals in order to evaluate, to check, whether maybe there were [patients] who had presented blade/cutting wounds that in some way might have been compatible with a wound, let’s say, or at any rate with a reaction by the victim. Only one had presented, it was a [person] from Foligno who, [while] cutting salami, had cut their hand during the trip back from an away-game with Foligno – he was a football fan. Nothing else. So no investigative hypothesis was rejected. It was, obviously, because this is how it is done, and thus I believe that it is logic, we began to discuss/think in a certain way, because we had deduced from all this scen, another series of further elements, that is to say that the person ….

{Witness responds with prolonged narrative re "technical activity" and seems to pause}

MC:  Speak. Don’t be afraid to say it.

{Examiner urges witness to continue}

MaCh:  No, no. I’m not afraid.

{Witness argues with Examiner}

MC:  That is, let’s say, when was it that the investigations turned to, [started] to focus on today’s defendants?

{Examiner asks simple Q}

MaCh:  When on the evening of … they did not focus on today’s defendants, that is to say, progressively the analysis of the investigative elements made us … made us start, even us, to suspect. Because going into a house, finding a [sic] door of Meredith’s room closed, a [sic] door of the apartment opened, faeces in the toilet [bowl], while I take a shower, a series of bloody prints…

{Witness responds in narrative form and is interrupted}

MC:  However the faeces were in which of the two bathrooms?

{Examiner interrupts witness with clarifying Q}

MaCh:  Of the bathrooms. Me, if I take a shower in a bathroom where there are faeces, instinctively I flush the toilet, in short.

{Witness makes non-responsive subjective statement and is interrupted}

MC:  Yes, but the faeces were in the other bathroom.

{Examiner engages witness in argument}

MaCh:  Yes, yes, I understood. However, in short, in some way it comes instinctively, no?, to flush the toilet? The fact is that ….

{Witness joins argument and is interrupted}

GCM:  Excuse me, do you know how many bathrooms there were in the house?

{Court interrupts argument with simple Q}

MaCh:  Two.

{Witness ignores actual Q and responds with answer to assumed follow-up Q}

GCM:  Two bathrooms. Excuse me, please. Do you know that a shower was taken?

{Court asks another simple Q, using vernacular ref. to whether a person used the shower, rather than that the the shower device was taken away.}

MaCh:  Yes.

{Witness answers Court's actual Q}

GCM:  How do you know?

{Court asks simple follow-on Q}

MaCh:  I know because it is a thing that I cannot, I believe, report because it was ….

{Witness seems to answer in non-responsive, subjective narrative form, and is interrupted}

GCM:  But you checked…?

{Court seeks objective answer to his simple Q}

MaCh:  I am trying to be very very careful.

{Witness hints that he has reasons for apparent evasion}

Giulia Bongiorno [GB]:  Mr President, we are talking of nothing.

{Sollecito's lawyer chimes in with distracting comment}

GCM:  Excuse me, Attorney.

{Court appears to admonish GCM not to chime-in without specified legal-objection}

MaCh:  Well, the main point [is] that very slowly we began to understand that there were strong inconsistencies in the revelations that were made. And there were behaviours that on the part of above all, indeed exclusively, of Sollecito and Knox, appeared to us as [being], at the very least, particular. Behaviours both immediately after the event – a sort of impatience/irritability shown [with regard to] the investigation activity that we were carrying out, and obviously we could not but ask [NdT: i.e. “we had to ask”] those who were close to Meredith [about] elements that we considered useful, even necessary, in order to continue the investigation activity.

{Witness launches into apparent justification for his evasiveness}

MC:  Excuse me if I interrupt you. I’ll just make a few precise questions, thus: you checked, let’s say, let’s call them alibis, even if it’s a term that’s very so [sic] from American TV films, but in any case [it’s] understandable… Did you check the alibis of the people closest, let’s say, to Meredith?

{Examiner, after preamble, asks relatively simple Q}

MaCh:  Yes.

{Witness answers Q as phrased}

MC:  In particular, did you check the alibis of the young men from the [apartment on] the floor below?

{Examiner asks simple Q}

MaCh:  Yes.

{Witness answers Q as phrased}

MC:  Results?

{Examiner poses Q in casual form}

MaCh:  Positive for them, in the sense that they were at home, in their own home, that is to say their respective houses, because they were here for reasons of study, so they were not present in Perugia during the days when …

{Witness responds with allusive casual A, begins to amplify, but is interrupted}

MC:  Because they had left for …

{Examiner interrupts with suggestion for next part of witness's response}

MaCh:  Yes, for the All Souls’ Day long-weekend, let’s call it that.

{Withess reacts to Examiner's suggestion by stating reason for upcoming week-end absence, but not stating week-end destination}

MC:  Did you check the alibi of Mezzetti and of Romanelli?

{Examiner asks double Q}

MaCh:  Yes.

{Witness answers for both Qs}

MC:  Results?

{Examiner poses Q in casual form}

MaCh:  The result in this case also [is that] Mezzetti and Romanelli were not there, so …

{Witness gives clear Answer, apparently begins explanation, but is interrupted}

GCM:  Excuse me, can you say what checks you did?

{Court interrupts witness's testimony to ask Q re witness's method}

MaCh:  We carried out a whole series of checks that brought us to evaluate, establish, that these persons were not present in the premises that evening.

{Witness ignores Court's Q as phrased and answers anticipated next Q}

MC:  Let’s say, I imagine that you heard/questioned them.

{Examiner makes statement-in-form-of-Q with ?-mark omitted}

MaCh:  Yes.

{Witness answers presumed Q}

MC:  Did they tell you where they were that evening, what they did that evening…?

{Examiner seems to interrupt and asks double-Q}

MaCh:  And in effect, we assessed/considered that …

{Witness ignores Q-as-phrased and is apparently interrupted}

MC:  And you ascertained that in effect …

{Examiner apparently interrupts A and continues his interrupted multiple Q}

MaCh:  That it was true what they had told us. I can report on the circumstance.

{Witness seems to continue his interrupted answer and offers to expand his narrative.
Q &A cycle is confused and confusing because of repeated multiple Qs, instead of orderly single Q & A}

MC:  Did you check the alibi of Amanda Knox and of Raffaele Sollecito? Was there a comparison between the declarations of Amanda Knox and of Raffaele Sollecito with regard to the night of the murder, and what you were able to compare, shall we say, objectively, through the other declarations, through the phone records?

{Examiner asks multiple Qs}

MaCh:  Through the phone records and through the checks [that were], shall we say, objective, it was found that what Sollecito had declared was not truthful because there was a phone call that was never received [i.e. answered] by Sollecito at 23:00 hours. Because it turned out that there was no interaction with the computer, but I believe that this … as declared [sic]. But above all there was an absolute incongruity of the ….

{Witness summarizing findings wrt phone records, is interrupted}

GCM:  There now. Excuse me. Maybe we will not ask the question in these terms: following the declarations, on which you cannot report, that you got from and that were given by Amanda Knox and Sollecito Raffaele, what type of investigations you carried out…

{Court interrupts to restrict Qs but is interrupted}

MaCh:  We carried out ...

{Witness interrupts Court's interruption and is interrupted}

GCM:  ... and the outcome of these investigations. There now. This is where we’re at.

{Court completes it's interruption, seeming to believe he has made himself clear, but confusion still reigns}

MaCh:  Well, in summary ...

{Witness begins a summary, but is interrupted}

GCM:  Following the declarations given by them, you had … With regard to Sollecito Raffaele, what did you do and what [information] emerged?

{Court interrupts witness with double-Q}

MaCh:  It emerged that, unlike …

{Witness begins to answer Court's 2nd Q, but Court interrupts}

GCM:  What did you do, first?

{Court repeats1st Q}

MaCh:  We did an analysis of the telephone traffic, and from the analysis of the telephone traffic it emerged that Sollecito had absolutely not received/answered the 23:00 hours phone call as he had declared. From the analysis of the telephone traffic, there then emerged a very strange detail, in the sense that the cellphones …

{Witness answers 1st Q, begins answering 2nd Q, and is interrupted by Sollecito's lawyer}

GB:  (overlapping voices) … continue with the opinions/judgements, with all the opinions/judgements.

{Sollecito's lawyer seems to demand comprehensive testimony}

GCM:  That which emerged.

{Court makes seemingly cryptic statement which is probably a Q relating to witness's interrupted A to Court's 2nd Q above: "It emerged that, unlike …" }

MaCh:  A detail/particular emerged ... unlike what …. (overlapped voices).

{Witness resumes testimony but is interrupted, multiple voices are heard}

GCM:  Excuse me. What emerged?

{Court asks witness to clarify what witness was saying}
_____________________________________________

Here ends the Analysis of the Evidence #2, discussing that the lone burglar theory is not credible, and that “Break-In” to Romanelli’s room was faked.

The next Post:  Analysis of the Evidence #3, will Analyse the Phone records and the police investigation into the accused phone activity the night of the murder.

 

Posted on 09/24/14 at 09:22 PM by Cardiol MD. Click screenname for a list of all main posts, at top left.
Archived in Officially involvedPolice and CSIPublic evidenceSollecito's alibisThe two knivesTrials 2008 & 2009Massei prosecution
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Saturday, September 20, 2014

The Knox Interrogation Hoax #13: Proof Released That In 5-6 Nov Session Knox Worked On Names List

Posted by The TJMK Main Posters

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  This is the first part of Rita Ficarra’s memo, please click for whole thing, translation is below.


It was this memo above all that convinced a row of Italian courts that Knox’s calunnia accusation of Patrick was uncoerced, and that for that serious felony she should serve three years. 

Kristeva kindly did the translation below.  We described its extreme consequence (still constraining the Perugia defense teams today in non-support of Knox’s heated-interrogation claims) in the Knox Interrogation Hoax Post #12.

This memo records the main outcome of Rita Ficarra’s 75-minute summary/recap session (defenses conceded it was not an interrogation session) with Knox with an interpreter and two others present. Rita Ficarra wrote the memo some hours later, on the evening of 6 November, after she had caught up on some sleep.

It is based on a handwritten version Knox painstakingly evolved on a page of her notebook, which she then tore out and handed to Inspector Ficarra. That handwritten page is in evidence too.

The timing here is key. According to the testimony of Rita Ficarra and the interpreter Anna Donnino, the real work on the list only began around 12:30 after Anna Donnino arrived. It took all or most of the next hour.  Knox obtained all the phone numbers from her mobile phone which she handed over to the others present at several points. (Those phone numbers are long disused.)

Annotation By Rita Ficarra

On 6 November 2007, at 20.00, in the offices of the Flying Squad of the Questura of Perugia. The undersigned Officer of P.G. [Attorney General], Chief Inspector of the State Police FICARRA Rita, notes that, as part of the investigation of the murder of British citizen Meredith KERCHER,

On the night of November 5th c.a. [current year], at approximately 23.00, while in the Offices of the Questura of Perugia, along with Amanda KNOX, waiting for the same to be heard in regard to the fact for which we are proceeding,

Learned, informally. news related to some male subjects who certainly knew MEREDITH and of whom Amanda gave indications on their respective residences—drawing roads and landmarks in her notebook – as well as their mobile phone numbers.

The same [Amanda] extracted these phone numbers from her mobile phone contacts and copied them on a piece of paper torn from her notebook and handed it to the undersigned.

The subjects indicated by Amanda were described as being:

PJ – Peter, a Swiss young man of Swiss nationality who certainly frequented Meredith and who would have surely been several times to their home; this young man dwelled in Via della Pergola, precisely in front of the “Contrappunto” club and close to the stairs and parking lot; mobile phone: 3891531078;

Patrik, owner of the pub “Le chic” where [the same] Amanda works. He too certainly knew Meredith. She was not able to provide an address but indicated that she had often seen him near the “rotonda [roundabout] of Porta Pesa, next to the Laundromat. Mobile phone number: 338719523;

Ardak, North African citizen of whom she gave no other indications other than his mobile phone: 3887972380;

Yuve, Algerian citizen who occasionally worked at “Le Chic” and would have dwelled in Via del Roscetto (near the residence of Sophie) phone; 3203758112

Spyros, young man of Greek nationality of whom Amanda does not give any indications other than the mobile phone: 3293473230

Shaky, Moroccan citizen who would have been working in a “pizzeria” and who frequented the pubs and discotheques frequented by Meredith’s group of friends with whom they met at the pub or discotheque, friend of Sophie;

Lastly she informed of another South African young man, black, short, who plays basketball in the Piazza Grimana court, who would have, in one occasion, frequented the house.

At the tail end of this meeting, after all this work had been done, Knox was gently told that in his own interview, Sollecito’s account of his movements on the night Meredith was killed now departed from her own.

A short period of extreme uncertainty followed.

Then Knox’s message in response to Patrick showed up in her outgoing texts, although she had just said there was none, and she was asked who he was. Those four others present had no prior knowledge of Patrick and no reason to attach to him any blame.

Knox’s conniption then began, in which she accused Patrick of the crime. Her accusation was repeated again and again. She then insisted on drafting her first formal written statement accusing him. It said she went out implying that she left Sollecito alone which is a claim he has now and then tried to gain from.

**********

This series: where next? Next, one post summarising the conclusions of all the courts. Then a series of posts quoting Knox and many other (Preston, Douglas, Moore, Clemente, Fischer, on and on) over five years, falsely claiming the police were brutal and none of the above was so.

False accusations of crimes are chargeable; so we look forward to seeing their responses to all of this. Knox for sure will be charged. Three years in prison - and nothing at all sunk in? The opposite of smart.

Posted on 09/20/14 at 07:17 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
Archived in Officially involvedAmanda KnoxPolice and CSIPublic evidenceKnox's alibisDiversion efforts byThe Knox-MellasesHoaxes about the caseKnox interrog. hoax
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Sunday, September 14, 2014

Analysis #1 Of Testimony Of Marco Chiacchiera, Director, Organized Crime Section, Flying Squad

Posted by Cardiol MD

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Dr Chiacchiera with Dr Comodi explaining reason for charges in another case

Overview Of This Series

Yet another vital translation which will be posted in the trial testimony areaof McCall’s great Wiki. This again is translated by the ever-dedicated main posterr ZiaK.

Although I graduated as a medical doctor I also graduated as a lawyer, and was often in courtrooms. For this post and the rest of the Chiacchiera series I am wearing my lawyer’s hat to point out what strikes me in Prosecutor Comodi’s questions,  Marco Chiacchiera’s testimony, and the cross-examinations by defense lawyers.

Prior Preparations And Procedures

Under the Italian Code, before the beginning of the trial phase in Italy, the parties file a brief, detailing all evidence they want to present – the parties have to indicate by name every witness and precisely what these will be asked. The aims include creation of a Record of Admissible Facts.

Also under the Italian Code, both the defendant and the prosecutor can cross-examine each other’s witnesses. The Judge may choose not to admit any testimony that appears patently superfluous, reject irrelevant or improper or irregular questions – such as leading questions, and Inadmissible Hearsay – and also ask questions to the witnesses and experts.

Ground Covered In Dr Chiacchiera’s Testimony

    (1) He found Knox and Sollecito uncooperative when he asked them questions.

    (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

    (3) Phone records and the police investigation into the accused phone activity the night of the murder.

    (4) Discovery of pornographic magazines at Sollecito’s house.

    (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.


My Assessment Of This Court Exchange

It is immediately obvious to me that this witness is a skilled witness; as such, and given his deep hands-on involvement in the immediate investigation this witness’s testimony is credible.  My assessment therefore is that this was a very good and unflinching witness and that Dr Comodi shows no signs of leading the witness or seeking other than a truthful record.

I have seen prosecutors examine witnesses differently but dont believe the resultant record would have been superior. This would have stood up well in any American court.

Public Prosecutor Comodi [MC]

MC:  Dr Chiacchiera, you carried out your duties where, when, at what moment of the events?

MaCh:  I was and am the director of the Organized Crime Section of the Flying Squad and I am the vice-director of the Flying Squad. The Organized Crime Section is a branch of the Flying Squad that deals with … the term, I think that in this place [i.e. the court] it is enough to say that it deals with organized crime. However, I am also the vice-director of the Flying Squad, for which [reason] I deal with, in the case of need, everything that is necessary [for] the various aspects.

{Witness supplies 5 items of relevant information that Examiner should elicit at beginning of examination.}

MC:  Can you tell the Court how you became aware of events, who called you, when you became involved?

{Examiner asks another triple-question}

MaCh:  Yes.

{Witness simply answers question as worded by Examiner}

MC:  For now, start to tell us, then maybe I will intervene [NdT: i.e. interrupt with further questions] if necessary.

{Examiner, asking no Q, instructs witness, suggesting provisional forbearance if witness does not make interruptions necessary.}

MaCh:  On the fateful day, at around 12:33, I had gone to the cemetery with my mother. The operations room called me immediately after the discovery of the body.

{Witness begins appropriate narrative response, but Examiner interrupts}

MC:  So the 113? [NdT: 113 is the Italian State Police emergency number]

{Examiner interrupts witness with a Q, suggesting witness's receipt of call from an emergency number, but suggests wrong source-number}

MaCh:  110. The operations room of the Questura called me, and informed me of the happenings in an initially obviously very summarized manner. They said to me that there was a suspicious death, a young woman who lived in via della Pergola. I rushed to the place directly in my mother’s car. I didn’t stop by at the Questura, I didn’t go to get the service [i.e. police] car. I got myself taken to via della Pergola. We took about 15 minutes from the cemetery to there, ten fifteen minutes. In the meantime, I phoned the deputy Commissioner Napoleoni, in the temporary absence of the director, Dr Profazio, who arrived later, who was … he was enjoying a period of leave, and with deputy Commissioner Napoleoni we arrived almost at the same time. We arrived almost simultaneously at the premises. Forensics, too, arrived almost at the same time at the premises.

{Witness supplies correct source-number and resumes interrupted narrative response}

MC:  The Perugia Forensics?

{Examiner questions witness's correction, as if to verify and to ensure accuracy of court's record}

MaCh:  The Perugia Forensics, I highlight, yes.

{Witness emphatically agrees with Examiner's question}

MC:​[They were] alerted by you, or ...?

{Examiner pauses mid-Q, inviting witness to guess complete Q, or is interrupted}

MaCh:​Alerted by the operations room, and also alerted by me.
,
{Witness responds to invitation, or interrupts with A to assumed complete Q}

MC:​So you arrive, and who do you find?

{Examiner's 1st simple Q.}

MaCh: ​I found there ... there was already deputy Commissioner Napoleoni, there were also a few of Meredith’s co-tenants. There was Amanda Knox, there was Raffaele Sollecito. There were two young men who were, I believe, the friend of the boyfriend of one of the co-tenants. In short, there were a few people who had already been inside the house. There was the Postal Police.

{Witness answers Q in reasonable detail}

MC:​In the person of…?

{Examiner seeks more detail re specific Postal Police Personnel}

MaCh: ​Battistelli and another of Battistelli’s colleagues. Inspector Battistelli, with whom there was immediately a discussion in order to understand what were the reasons for his intervention there, because it is not normal to find the Postal [police] in a crime of this sort. And he explained to me immediately what was the reason for his intervention. The origin of the, shall we way of his intervention, was due to the discovery of a pair of cellphones in a period of time, I believe, of an hour, [or] two, I don’t recall clearly, that were one in the name of one of Meredith’s co-tenants and one in the name of, later it [sic] … I mean the SIM [card], obviously, the cellphones’ SIMs, the cards, they were in the name of a co-tenant and the other in Meredith’s [name]. The co-tenant, however, then told us, we then ascertained that both of the cellphones in fact were used by Meredith. And already that was, how shall we say, a first detail on which we began to reflect because, in fact, that was an element than in some way made us [become] immediately occupied/involved from an investigative point of view.

{Witness responds to Q and includes relevant amplifying narrative, anticipating probable future Qs re cellphones}

MC: ​So, excuse me, also if the Court already, shall we say, knows this, because others have reported it, on this point however, where were the cellphones found?

{Examiner seems to interrupt with simple Q to clarify specific relevant fact not yet reached}

MaCh:​Inside the garden of a villa that is in via Sperandio.

{Witness responds appropriately}

MC:​In via Sperandio.

{Probably a Q, but implicitly inviting more specificity}

MaCh: ​A villa that ... I am Perugian, [and] honestly, I didn’t even know there was a villa there. I’m Perugian, and I swear that I would have sworn [sic] that behind there was a wood.

{Witness flounders, seems unable to be more specific}

MC:​A field

{Probably a Q, but implicitly inviting more specificity}

MaCh: ​It [was] the first time that I went in behind there. Instead, I see a marvelous old mansion with an enormous garden that gives ... that is almost adjacent to the street – the street that leads towards Ponte Rio. Anyone from Perugia understands me maybe.

{Witness seems to be in informal conversational mode}

MC: ​From the structure of the fencing/enclosure, could you tell, shall we say, whether it was possible to throw these cellphones from the street, or whether it was necessary to enter the garden itself?

{Examiner engages witness, and asks Q to clarify how cellphones got into that garden}

MaCh: ​Yes, obviously, we checked that. In fact, immediately, in short, the detail that seemed, how shall we say, of great investigative interest was that [very point], besides other details that I will go [into] a bit [sic], so to speak, also to give the impression of what the immediate impact was that we saw in the moment when we found ourselves in a situation of this type. So, deputy Napoleoni immediately entered inside the house in order to check it for herself. I did it [entered] shortly afterwards, also because [as] you will imagine that in that moment whoever was there had to notify all those who [sic], amongst whom Dr Mignini who was the Public Prosecutor on duty, and immediately give orders so that the correct checks are carried out. Because it was not just a crime scene that had to be analysed immediately: there also had to be, how shall we say, correlated with the information that we had got from via Sperandio – because the entry of the Postal [police in the case] originated with via Sperandio. And so we immediately asked ourselves: “Ah, what are these cellphones belonging to poor Meredith doing inside the garden of a villa?” And then And then immediately after, we asked ourselves, obviously, what might be the profile of the possible, or probable, murderer, and we discussed/talked about the crime scene. The crime scene immediately seemed fairly strange to us, if you wish [NdT: literally “if we wish” in Italian, but meaning the same as “shall we say”, “if you wish”, “so to speak” etc.]

{Witness responds to Q with detailed narrative}

MC:​Why?

{Examiner asks ambiguous Q, probably wrt crime scene seeming "fairly strange "}

MaCh:​Because the door did not show… the entry door to the villa did not show signs of break-in. The we checked …

{Witness seems to decipher ambiguity correctly, begins narrative response, but is interrupted by Examiner}

MC:​We are not talking about the villa on via Sperandio obviously?

{Examiner interrupts with Q, apparently not comprehending Witness's narratives}

MaCh: ​For the love of god! It was called a “villa” … (overlap of voices), let’s say the house, of the house on via della Pergola there was no forcing/break-in. We found a forcing on the window. The window is this one, on the side of the house. I don’t know if you’ve seen the house? Anyhow, it is this one on the side of the house that can be seen immediately when you come down the slope from the gate. Logically reconstructing the thing, a hypothetical prowler [NdT: literally “ill-intentioned person”] who entered the house, breaking the glass with a rock - because inside the room, which was Romanelli’s room, which was the, shall we say, hypothetical arena of the entry, was completely in utter chaos. For that reason, what should we have hypothesized? That the hypothetical prowler took a rock, managed to throw the rock; the shutters, the external ones, the external shutters were not …

{Witness is exasperated at Examiner's apparent incomprehension, is repeating his previous testimony, but is interrupted by Examiner}

MC:​The dark-green wooden ones?

{Examiner interrupts with Leading Q re colour of external shutters. Now begins a confused and confusing colloquy. The arrangement of Filomena Romanelli’s window, with Outside, and Inside Shutters, the Broken-Glass-Frame in-between, and the glass-splinters on the window-sill is complicated and needs a picture-exhibit that the witness can refer-to; this is apparently not provided, leading to the confusions}

MaCh:​The dark-green wooden ones were half shut, for which reason [he] must have had an aim like “Pecos Bill” [NdT: a cartoon Wild West cowboy], takes aim and throws that rock, smashes the window. After, he climbs up and does a turn on the little slope, and has to clamber up towards the window on the smooth surface, it seems to me, that from the ground up to the window there are two and a half metres-three [metres]. And then would have said: “bah, in short” [sic]. Yeah, well, the thing seemed to us…. in short, the first hypothesis that the investigator normally does, finds a level of unlikelihood of this kind of happening. After which, we looked at the house and we saw that an entry of a potential prowler [ill-intentioned person], still reasoning on the hypothesis…

{Witness amplifies narrative response but is interrupted by Examiner}

MC:​Of theft.

{Examiner inappropriately interrupts, incorrectly guessing what witness was about to say}

MaCh: ​Of theft ending badly. Of theft that then degenerates because the burglar in some way thinks that he will find no-one in the house and instead finds a person, and then it degenerates … We saw that there were easier means of entry, without wishing to bore you, but behind the house there was the possibility of climbing in a much easier way, without being seen by people that might have passed in the road. Let’s remember that, in short, it was not very late; quite the contrary. Normally people passed there, for which reason, if [he] had done it, the thing would probably have been seen. That thing there, as an hypothesis, we didn’t immediately discount it, that’s clear, because it’s a good rule to never discount any hypothesis. But we immediately considered that it was not a priority.

{Witness corrects Examiner's wrong guess, amplifies and seems to end narrative response}

MC:​Dr Chiacchiera, I interrupt you. (The witness is shown an exhibit.)

{Examiner, seems to acknowledge her habit of interruptions without actually interrupting, while introducing an unspecified exhibit. This introduction seems very informal, because Exhibits are normally identified by an assigned title.}

MaCh:​Ah! I didn’t remember it as being so big.

{Witness recognizes unspecified exhibit}

MC:​Precisely! You saw it? This is the rock that ...

{Examiner engages witness, stating it is "the rock".}

MaCh:​Yes, but it has been some time I have not, how shall we say, yes, I saw it. Absolutely.
However, it’s big, it’s huge.

{Witness engages Examiner, commenting on how large the rock exhibit is}

MC:​Do you consider that it could be this?

{Examiner ambiguously (what are "it" & "this "?) asks witness's opinion}

MaCh:​I believe so.

{Witness seems to overlook ambiguity of Q with vague A)

MC:​I try …

{Examiner begins to speak but is interrupted}

Judge Massei [GCM]:​How?

{Court interrupts as if to ask Q how Examiner 'tries'}

MC:​It is this. Yes, it is this one that was collected, yes, that was found.

{Witness seems to confirm that exhibited rock is the rock found in Filomena’s room}

GCM:​So the rock is shown. [NdT: an “aside” for the court records?]

{Court formally announces admission of rock-exhibit, seemingly trying to reduce confusion caused by informal dialogue}

MaCh:​Inside the room where we then found the rock…
??:​But what was the question about the rock?

{Witness amplifies that rock had been found in a room, but enquires re rock Q, exposing confusion caused by informal dialogue}

GCM:​If this was the rock. And the witness said ...

{Court begins explanation to confused witness}

MaCh:​I said yes. Yes.

{Witness interrupts Court - confusion reigns}

GCM:​You saw it? You saw the rock?

{Court asks witness 2 Qs, trying to clarify that 'it' refers to 'the rock' that witness saw.}

MaCh:​Yes.

{Witness confirms that witness had previously seen the rock introduced into court as an unlisted exhibit.}

GCM:​When you saw it, where was it?

{Court proceeds to clarify confusion re where the rock was when witness originally saw the rock}

MaCh:​The rock [was] in the room of Romanelli.

{Witness specifically testifies, for witness's first time, that when witness originally saw the rock, the rock was in Filomena Romanelli’s room}

GCM:​How far from the window? Can you say?

{Court continues to seek clarification using double-Q.}

MaCh: ​A few centimetres [NdT: “un palmo” = “a hand’s width”] from the window sill, under the window, from the wall where the window is.

{Witness testifies clearly in answer to Court's 1st Q of above double-Q.}

GCM:​So from the internal perimeter wall, from where the window gives onto it, a “hand’s breadth”. So 20 centimetres…

{Court apparently begins to seek verification of witness's testimony, but is interrupted}

MaCh:​Mr President ....

{Witness begins to Interrupt Court}

GCM:​... away from it approximately.

{Court finishes his interrupted statement}

MaCh:​Yes.

{Witness agrees with Court's completed statement}

GCM:​And this is the rock. You remember it.

{Court states his understanding in form of Qs.}

MaCh:​Yes, yes, yes, yes. That is the rock.

{Witness impatiently agrees with Court's understanding}

MC:​At least as far as size and colour [are concerned], it corresponds thus to the one that was collected [as evidence].

{Examiner makes statements in form of Q, seeking verification of resemblance of exhibit-rock to original rock}

MaCh:​At least as far as size and colour [are concerned], it absolutely corresponds. If it was collected, I think that ...

{Witness begins narrative agreement with statements of Examiner, but is apparently interrupted by Examiner}

MC: ​Very well. WITNESS [sic? Should be MaCh?] and Romanelli’s room was a complete shambles. The clothes were on the floor, the glass was strangely on top of the clothes, the [glass] shards were strangely on top of the … on the windowsill, let’s put it that way.

{Apparent Transcriptional confusion attributing to interrupted witness narrative the interrupting .statement of Examiner}

MC:​The outside one.

{Examiner seems to amplify statement of Examiner wrt which window-shutter witness had been referring-to}

MaCh: ​The outside one, precisely. The one that is between the shutters and the shutters [sic. NdT: “imposte” in Italian, but this can also mean shutters, or flap, as in the inner “scuri” shutters, or he may mean the window-frame itself, with the window-panes, given his following description], the green shutters and the shutters, the broken ones in short, where the glass is. The shutters – the wooden ones. The rock was a bit too close with regard to the wall if I [were to] throw it from least two metres. Unless it was lobbed [i.e. thrown in a high arc]. But in that case it’s rather unlikely that it would smash the glass. For that reason, I repeat, in the context of immediate likelihood, this one …

{Witness agrees with Examiner that he was referring to "The outside one", continuing with narrative of reasoning, but is interrupted by Examiner…}

MC:​Yes, it’s true. These are considerations. However they are considerations, shall we say, that refer [sic], because they are reasoning/lines of thought that are formed in the “immediacy” of the events [NdT: i.e. “in the immediate aftermath”. NOTE: throughout the text, a number of speakers use “immediatezza” (lit. “immediacy”) to convey a number of meanings, from “in the immediate aftermath”, or “in the immediate surroundings”, or “very soon after”, etc. I will translate them appropriately according to the context, without further explanation of the use of “immediatezza”], in order to proceed in one direction rather than another.

{Examiner, interrupting witness, apparently agreeing with witness's reasoning. While Examiner is apparently stating his own argumentative reservations re the possible evolution-in-time of witness's changing lines of reasoning, he is interrupted by Giulia Bongiorno, Sollecito defense lawyer:}

Giulia Bongiorno [GB]: ​I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

{GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

MC:​But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

{Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

MaCh:​It happens to us too, at times, to reason/think rationally …

{Witness joins colloquy, amplifying Examiner's argument.}

GCM:​These reasonings/deductions, then determined your investigative activity in one direction rather than in an …?

{Court seems to invite further amplification by witness}

MaCh: ​Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach – I won’t say conclusions – but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken … a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as … (overlap of voices).

MaCh:​… particular.

{Witness further amplifies narrative}

GCM:​You formed these considerations, and what did they lead you to?

{Court asks simple Q.}

MaCh: ​That very probably the author or authors knew the person, or at any rate that the author or authors did not enter … did not enter from the window-pane of that window.

{Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

GCM: ​Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, … there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

{Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}
_________________________________________________

This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

Analysis of Chiacchiera’s Testimony will continue in a future post.

 

Posted on 09/14/14 at 09:18 PM by Cardiol MD. Click screenname for a list of all main posts, at top left.
Archived in Officially involvedPolice and CSIPublic evidenceThe timelinesThe locationsKnox's alibisSollecito's alibisOther physicalHoaxes about the caseThe Lone-Wolf hoax
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Now Raffaele Sollecito As Well As Amanda Knox Is Using A PayPal Link To Encourage Donations

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Sollecito And Knox Paypal Accounts

Please check out the images at bottom here. As of today Knox’s PayPal account still exists.

At the same time Sollecito has created a new one as GoFundMe dropped his solicitation page. PayPal and their own Italian lawyers are likely to regard these two accounts as hot potatoes when the following implications are shared with them.

Imperiled Bank Accounts

Each PayPal account will point behind the PayPal scenes to a bank account, which as this example among many others describes can be seized by American and Italian authorities.

The Government wants the seized properties to be handed over to the authorities, and claims it’s permitted under U.S. law. This includes the bank account that was used by Megaupload for PayPal payouts. The account, described as “DSB 0320,” had a balance of roughly $4.7 million (36 million Hong Kong Dollars) at the time of the seizure, but processed more than $160 million over the years.

“Records indicate that from August 2007 through January 2012 there were 1,403 deposits into the DBS 0320 account totaling HKD 1,260,508,432.01 from a PayPal account. These funds represent proceeds of crime and property involved in money laundering as more fully set out herein,” the complaint reads.

PayPal refused to channel payments to the hacker organization Wikileaks and 14 members of the hacker group Anonymous who attempted denials of service attacks (DOS) against PayPal were charged and pleaded guilty.

Strong evidence that law enforcement will work hard to help prevent the use of PayPal for activities it considers illegal. 

How It Gets Worse For Them

Knox is already a convicted felon for life for calunnia with no further appeal possible. Under PayPal’s terms of service that by itself seems sufficient grounds to bounce her. From Paypal’s rules for Donate buttons:

Note: This button is intended for fundraising. If you are not raising money for a cause, please choose another option. Nonprofits must verify their status to withdraw donations they receive. Users that are not verified nonprofits must demonstrate how their donations will be used, once they raise more than $10,000.

Neither have publicly specified in even the least detail who will get what and why out of the funds raised by this Donate button intended for good causes (think charities).

How It Gets Worser For Them

The pitches on the Knox and Sollecito websites are essentially the same as in their two books which are both riddled with demonstrably false accusations, for which Sollecito has already been charged and for which Knox will also in due course be charged.

The charges against Sollecito are a mixture of calunnia and diffamazione, which are explained at the bottom here, and the charges against Knox are expected to be the same.

In effect then this is seemingly not only Knox and Sollecito attempting to profit from crimes, but attempting to profit from crimes based on highly fraudulent accounts of those crimes for one component of which (as pointed out above) Knox has already served three years in prison.

How It Gets Even Worser For Them

“Defense Fund” implies the money being raised is all going to their Italian lawyers. If the lawyers accept such payments as fees that could become a problem for them.

The same thing applies if any of the money raised goes to David Marriott, Ted Simon and Robert Barnett. It is now radioactive. They will presumably know this - know that they cannot profit from proceeds which are illegal under Son of Sam laws and obtained on fraudulent pretenses.

And In Fact Even Worser For Them

If Cassation dismisses the final appeal of Knox and Sollecito (for which the grounds seem very flimsy) they will each be liable for the millions in damages which Judge Massei imposed as modified by Judge Nencini.

Donations legally labeled bloodmoney cannot under any circumstances be used to pay damages. Knox and Sollecito would have to generate new funds to pay the damages awards by legal earnings or by voluntary or forced selling off of any assets.

The Bottom-Line Liabilities Here

The financial liabilities Knox and Sollecito are presently incurring for themselves include (1) payment of all fees for legal and PR help in the US and Italy; (2) the clawing back of all bloodmoney profits from their crimes; (3) the payments of millions in damages as assessed by Judges Massei and Nencini; and (4) further fines and damages that are expected to result from their two books.

Under the post below Popper posted this partial calculation for Knox; the forfeit of bloodmoney and possible future damage awards are additional.

Massei gave (and Nencini confirmed) provisional damage to father and mother of Meredith of Euro 1 million each, to brothers and sister Euro 800,000 each, to PL Euro 50,000 and to the owner of the flat Euro 10,000.

To this it must be added more for the legal costs in Appeal and Cassazione, so a total a bit short of Euro 5 million, about 6 million dollars.

VAT and CPA must be paid on all the above sums, so more than that, we probably go over USD 6 million

Together with the forfeit of bloodmoney and possible future damages imposed, this adds up to around the $10 million estimated in this post. Sollecito’s burden would be less, somewhat more than half of that. 

Explanation Of Calunnia And Diffamazione

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone’s reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.


Click for larger image






Friday, September 12, 2014

Those Channeling Potentially Illegal Funding To RS And AK Should Definitely Take Note Of This

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GoFundMe has dropped this page of Sollecito’s which was soliciting funds under false pretenses


The increasingly tough American bloodmoney laws (Son of Sam laws) were described here and here.

These laws are operable at the federal level and in most states. The tendency is for the laws to be made more and more tough, and to spread the net of who could be charged more and more widely.

Book publishers and TV networks have armies of lawyers who usually step in smartly to stop them being party to illegal money flows. All American TV networks have codes of ethics which prevent fees being paid that reward a crime.

The bloodmoney net could be spread widely in the Perugia case if the Republic of Italy requests the invoking of these laws against Knox, Sollecito, their families, and the in-it-for-the-money opportunists such as Sforza, Fischer, and Moore.

Their PR help also appears to be at risk, along with the shadow writers, book agents and publishers of the two books.

Sollecito might have got a blessing in disguise then when GoFundMe the private-purposes fundraising site closing down his begging page (image above) after around $40,000 had been conned from the sheep.

GoFundMe did that as part of a move to keep the company and the site away from controversy and the long arm of the law. This move is fairly typical of a broad trend on the internet as courts increasingly sentence harrassers, abusers, swindlers and money-grubbers to tough terms.

Making money out of crime has never been a walk in the park, and anything gained rarely goes very far.

Trying to make money illegally is fundamentally why OJ Simpson (images below) is serving a term for armed robbery east of Reno in Nevada - and in that case he considered the property he was robbing at a Las Vegas casino hotel was actually his own.

In his case his wife and a friend were found slashed to death at her home a mile or two from his. Simpson nearly fled the country before trial, then he won an acquittal at criminal trial, and then he was convicted at a wrongful-death civil trial. Wikipedia explains.

On February 5, 1997, a civil jury in Santa Monica, California, unanimously found Simpson liable for the wrongful death of and battery against Goldman, and battery against Brown. Daniel Petrocelli represented plaintiff Fred Goldman, Ronald Goldman’s father. Simpson was ordered to pay $33,500,000 in damages. In February 1999, an auction of Simpson’s Heisman Trophy and other belongings netted almost $500,000. The money went to the Goldman family.

To avoid ever making any of the required payments to the Goldman family, Simpson squirreled assets and income away.

The items he wanted back at the point of a gun at the Palace Station hotel and casino would have been worth a lot. But instead this foolish financial crime could cost him up to 33 years.

Our take is that Sollecito may have squirreled away some of his gains, and Knox may have squirreled away much more. US law enforcement is capable of finding those payments if asked and if Knox’s family and paid help don’t press her to cough up.

Hopefully it will be made to sink into that Knox’s panhandling (she is still at it via her website via Paypal) was not such a good idea.















Tuesday, September 09, 2014

Italian Prime Minister Renzi Will Push Measures To Speed Up Justice

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In a move popular not least among those who are part of it Mr Renzi announces moves to speed up Italian justice.

Italian justice and those who work in it are widely trusted and respected in Italy. But a very humane system designed post WWII to give those accused a level of rights unique in the world has been even further tilted over the years by politicians passing laws to aid political and business colleagues in legal trouble.

Because there are now strong economic pressures, reforms may have a slim chance of parliamentary approval. In particular convicted perps’ automatic right to two levels of appeal for most crimes could be pared back more in line with the US and UK where a judge must decide if there are any real appeal grounds.

Italian and US and UK lawyers among others have posted here on Italian justice about 40 times in the past six years. If you don’t have time for the full 40 these posts with some American comparisons provide good coverage of the key basics.

1. Click here “They Were Held For A Year Without Even Being Charged!!” How Italian Justice REALLY Works

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

3. Click here Why The Prosecutors In Italy Are Relatively Popular

4. Click here Explaining How The Italian Appeals Process Works And Why It Consumes So Much Time

5. Click here Italian Parliament Is Now Moving On A Bill To Speed Up Many Trials And Appeals

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

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

8. Click here Interesting Tilts Of Marcia Clark And Alan Dershowitz Against US’s Non-Professional Jury System

9. Click here The Terrible Weight On The Victim’s Family Because The Italian System Is So Very, Very Pro Defendant

10. Click here Italy’s Advanced, Effective, Humane Law & Order System Also Adopted By City Of New York

11. Click here Italy’s Unpopular Politicians And Mafia Fellow Travelers Against Italy’s Popular Justice System

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

Posted on 09/09/14 at 07:05 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
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Monday, September 08, 2014

Barbie Nadeau Movie “Face Of An Angel” Wins Rave Reviews; Knox Defense Freaks

Posted by Peter Quennell

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Cara Delevigne is a student similar to Meredith who enables the truth after Meredith’s death


Can we expect more conniptions from Knox? In the movie, Genevieve Gaunt portrays her fictional double as humorless, self-absorbed, and dull.

There is no Meredith part at the core of this BBC-sponsored commercial film. Instead Barbie Nadeau (to whom we owe many past posts) and director Michael Winterbottom have hit on a brilliant story device.

Melanie, played by the British supermodel Cara Delevigne (image above) is a British student in Siena (northwest of Perugia, Siena is a similar walled town and university) and guide to Simone, an America reporter (Kate Beckinsale), and to Thomas, a documentary film-maker (Daniel Brühl).

Thomas has come to Siena supposing that the story he wants to capture is the one that we all know (which was told pretty competently back in 2011 by Lifetime TV in which a plodding “Knox” also ended up looking dull, as a bright and funny “Meredith” ran rings around her in every way).

Thomas in light of his discussions with Simone and especially with Melanie finds himself refocusing his project on who the murdered victim really was, and on the cynical sharp-elbowed wars between various reporters and various media outfits who come storming in. He concludes they mostly had focused 180 degrees the wrong way.

A local blogger, an opportunist Frank Sforza surrogate, comes out looking particularly bad.

By the end of the movie, the face of the angel in the title is very much that of the talented, funny high-achiever who a jealous, bullying mean-girl may have caused to pass away.

And most of the media don’t exactly look good.

The movie was unveiled at the Toronto Film Festival a few days ago. This is from the positive Hollywood Reporter review.

The action can be roughly divided into three parts following Dante’s Divine Comedy.  In the early scenes Thomas arrives in Italy and meets the lovely journalist Simone, who like Dante’s Beatrice becomes his guide through Hell. She introduces him to the international reporters hanging around Siena hunting for scandal, and to an ambiguous local man (Valerio Mastrandrea) who frightens Thomas with his claims to know a lot about the murder.

In the central part, Purgatory, he meets the pretty student, part-time waitress and party girl Melanie, played like an overly exuberant teenager by Delevingne. Finally, as the film progresses to Heaven, Thomas identifies her with the purity of the dead girl.  Anybody confused?

There are many good things in the swiftly-moving narrative, filmed with a hand-held camera to give a documentary look. Wandering through the narrow Medieval streets of the city, the hero is assailed by ghostly voices and monsters in moments of coked-up paranoia. Harry Escott’s score heightens the poetic-exotic atmosphere of Hubert Taczanowski’s lensing, particularly in the final scenes that read more like a tone-poem than narrative.

The UK Guardian (which had joined in the sliming of Italy and over-exposure of Knox more than any other newspaper in the US or UK) actually has a good first-hand report by Tom Kington and a good review by Paul McInnes.

Amanda Knox’s lawyers threaten to sue if the movie taints Knox’s good image.

What good image? Whose to taint? Nobody who actually knew her has ever had much good to say of Knox. And besides Italian TV has not purchased the film yet.

And sue who? The BBC? Good luck with that. The lawyers for Barbie Nadeau and the BBC will know that the 2011 Lifetime movie portrayed a pushy loudmouth at front and center for over an hour, and from that many viewers in the US and UK concluded Knox seemed a loose canon or worse. The same Perugia lawyers’ legal threats back then went nowhere fast, and the movie didnt affect the (Hellmann) court.

Let the Knox lawyers worry about the dozens of people Knox slimed in her book. And the Italian and US prosecutors who may take her down for the world-record bloodmoney she has gained. And for the highly illegal stalking of Meredith’s family by Knox and the vicious harrassment pack she leads around by the nose.

Harrasment and stalking of victim’s families is an imprisonable offense, in Italy, the US and the UK.







Posted on 09/08/14 at 12:24 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Tuesday, September 02, 2014

Sollecito Posting Of Knox’s Diary: Is He Again Prodding Knox Closer To The Fire To Help Himself?

Posted by Peter Quennell

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Above and below: interiors of Capanne Prison built about a decade ago; Knox front-row right?


Another potshot in the escalating Knox/Sollecito wars?

In November 2007 in Capanne Prison Knox wrote prolifically in English in a diary.  Sollecito has now aggressively put it online together with the official Italian translation, as spotted by the sharp eyes of main poster Nell

The diary was taken by prison authorities, apparently with no protest by Knox as she was pre-warned that her cell would need to be searched. The English original and an Italian translation were entered into evidence at trial, though the diary played no overt role of which we are aware.

Defense forces helpfully offered it around perhaps in the hope that it would make the authorities not look so good.

The diary then became the core of a 2008 book Amanda And The Others by Fiorenza Sarzanini, a prominent Italian journalist on the staff of the major newspaper Corriere.

The book was not entirely unsympathetic to the real Knox. But Knox’s lawyers were seemingly concerned that her peculiar writings as riffed-upon by Sarzanini could subvert the preferred Knox image in court - though frankly that image was pretty daffy too.

The Knox team sued the holding company of Corriere. They won an award in the first round, then that was reversed on appeal, and then last year Cassation partially reversed that verdict, and Knox was granted an award.

Italian media reported all of this, but we didnt see any jubilant report in the US. Maybe because all Knox case-related income can be clawed back under US and Italian bloodmoney laws.

However, according to the Italian reports, Corriere’s legal fault was held not to be one of copyright or of the privacy of Knox. It was in publishing passages in which Knox negatively highlighted others, such as the list of those she had had sex with, a no-no under Italian privacy laws.

The Sarzanini book is still on sale in Italy, and there was no court ruling that it had to be withdrawn. The same passages Sollecito has put online are also in Italian in that book. There seems nothing in US or UK law that would forbid publishing of an English-language version if Fiorenza Sarzanini wants to do that.

Ironically Knox with her own 2013 book seems to have run afoul of the self-same laws in her serial defaming of officials, and in due course she stands to lose much more than she had gained from that small award.

Knox’s book was apparently put into Italian, though Italian and British editions were dropped at the last minute, days after Cassation ruled against Knox, in April last year. Oggi translated and published passages from the book which will see Oggi also taken to court.

Hard to believe but Knox’s bamboozled shadow writer Linda Kulman and HarperCollins New York were reported as scrambling to remove a lot of defamatory passages from the US version before Knox’s book went out.

We have posted several excerpts, which were pure fiction, and it is still the nasty work of a troubling psyche. Presumably that is Sollecito’s point.



Posted on 09/02/14 at 07:28 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Thursday, August 28, 2014

The “Special” Agent Man – A Post-by-Post Review Of Steve Moore’s Surely Unique Blog #1

Posted by Jeff Friend

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Pepperdine University north of LA which gave the illustrious Mr Moore the boot

Why This Recognition?

Greatness is not always recognized when it is among us. How many artists have been appreciated only after their death? How many authors become famous posthumously? John Kennedy Toole, for example, didn’t have any of his novels published until 11 years after he died.


Nowadays A Confederacy of Dunces is considered a classic.  And when one thinks of the book’s main character, Ignatius J. Reilly, it is not hard to also think of Steve Moore.


Whereas Ignatius stumbled about New Orleans wielding his delusional, hubristic opinions and poisoning the air around him with acid reflux, Steve Moore performs this very same trick on his blog and in his media appearances.


In my opinion, Mr. Moore’s performance is underappreciated. His online oeuvre far too unnoticed. A courageous and learned man is standing in the gap girded with an unquestionable intellect and wielding a delightfully pugnacious spirit. We mere mortals cannot afford to let this man pass through our lives without the proper appreciation.


Therefore, I will review Mr. Moore’s blog post-by-post from its very beginning. (I am a completest; especially where genius is concerned.) During this project, we will travel arm-in-arm through the on-the-spot reactionary flourishes and the make-it-up –as-you-go-along assertions and interpretations that only Mr. Moore would dare to offer up for public consumption.


I hope you will take this journey with me.

June 21, 2011: The Perils of the Presumptive Headline


In the beginning, there were words. And those words were: “According to the dictionary, to presume is:..”


Can you guess what comes next? That’s right, the definition of “presume”:


1. To act overconfidently; take liberties.
2. To take unwarranted advantage of something; go beyond the proper limits:
3. To take for granted that something is true or factual


Do I need to remind you that this man is a published author and you most likely are not?


This never-before-used preamble to an essay establishes the theme of Mr. Moore’s subsequent discourse on presumption by the media, specifically The Daily Beast.  After a brief lesson on the little known “Dewey Defeats Truman” headline published in error by the Chicago Daily Tribune (a lesson infused by deft overstatement that would later become one of Mr. Moore’s favorite arrows in his quiver), Mr. Moore launches into a bold attack on The Daily Beast.


Mr. Moore’s courage comes to the forefront when describing the Daily Beast as “well-funded and poorly regarded” and “the site displays every bit of the integrity and nobility of purpose that its title would have you believe. It appears to feed on sensationalism and makes its bones off of others (sic) misery.”


Well, then.


You can clearly see that sensationalism and stories of other people’s misery would indeed differentiate The Daily Beast from all other news organizations throughout the history of journalism.


Note to The Daily Beast: You might want to refrain from being the only news journal on the internet to contain sensationalist stories. “Jerusalem More Divided Than Ever”? I mean, come on!


Also, if you’re going to go to The Daily Beast and read a story at a website just mentioned in the blog you were currently reading, then Mr. Moore declares “You’re not going to ‘get’ this article, or even care if you did.”


Attaching yourself to the Meredith Kercher case, then insulting any reader of your very first blog post that may be interested in reading about Casey Anthony or Anthony Weiner? Genius.


It’s like Picasso just painted a portrait of a middle finger. That, my friends, is art.


A lengthy diatribe about The Daily Beast follows with the nuanced argument that the journal may have a reporter on the ground in Perugia who speaks Italian and attends court “every day” (as Mr. Moore mockingly highlights) but the whole thing is just a front for The Daily Beast to make a profit by promoting Amanda Knox’s guilt; because that obviously sells better than the story of an innocent, young damsel in distress being railroaded by a corrupt foreign judicial system that’s out to prosecute Americans (USA!USA!USA!).


Exposing The Daily Beast for doing journalism takes courage.


Condemning The Daily Beast for profiting from Amanda Knox’s predicament while at the same time you are taking advantage of the death of an innocent college coed to build a career for yourself by publicly supporting her murderer with the use of misinformation takes courage.


Testifying before Congress that Amanda Knox had been exonerated when she hadn’t yet, while being the exact kind of presumption that Mr. Moore condemns in his initial blog entry takes an epic amount of courage.


Mr. Moore has courage in spades.

Other Notes

The humor Mr. Moore derives from discussing the title “The Daily Beast” as if he doesn’t know where the name came from is priceless.


He will certainly NOT be accused of reading an Evelyn Waugh novel!


Final Rating: Three out of five zebras.

Posted on 08/28/14 at 07:33 AM by Jeff Friend. Click screenname for a list of all main posts, at top left.
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Monday, August 25, 2014

The Knox Interrogation Hoax #12: Why Prosecution And Defenses Never Believed Knox’s Version

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Famous criminal lawyer Dr Giancarlo Costa - did he depart Knox’s team with doubts about her?

Recapitulating Our Purpose

In Post #11 below we hinted at two items - in fact, they are two documents - that resulted in a sharp drop in Knox’s credibility.

We said this about how Knox’s Perugia lawyers were affected.

It seems impossible to know about these items, and yet still believe that Knox was telling the truth.  Lawyers often encourage their clients to tell the truth and good lawyers never encourage their clients to lie. And yet here Ghirga, Dalla Vedova, Bongiorno and Maori would have known from latest early 2008 that Knox’s claims on the “interrogations” were in fact made up.

And if so, they must have asked themselves, why? Why did Knox have to lie?  In all the legitimate legal processes, meaning all those except the Hellmann appeal, the defense lawyers were seen by close observers to be dispirited and lacking the full punch that the certainty of innocence can bring.

Knox was lying. And they all knew. No hard proof, but it explains the timid cross-examinations. And it was the buzz around Perugia maybe put out by the Sollecito faction for which there is a sort of soft proof.

The one heavyweight among Knox’s lawyers, a prominent criminal lawyer from Rome called Dr Giancarlo Costa, who was with her at the 6-hour 17 December 2007 questioning (which we turn to next) inexplicably departed from her team early-on, leaving her with the much less experienced Ghirga and Dalla Vedova.

Sharp-eyed Andrea Vogt and Barbie Nadeau both noticed that no mention of Dr Costa was made in Knox’s book. Late in 2009 and again late in 2011 Andrea Vogt interviewed him, and he seemingly suggested that Knox might have been better served at the end of the process by a negotiated plea, in effect similar to Guede’s. (If so, he is now proved right, and the remaining Knox lawyers or her family made a very bad call.)

We said this about how all the prosecutors and all the judges were affected. 

In the years that followed since, these two items helped to changed legal mindsets, from Prosecutor Mignini, to Judge Matteini, to Judge Micheli, to Judge Massei, to even Judge Hellmann, and so on to Cassation and the Nencini appeal.


Describing The Two Incriminating Items

Now we turn to the two items, the two documents, the two elephants in the room. They are rock-solid confirmation of all the testimony by investigators in Posts #2 to #9, and in days of defense cross-examination they were not argued with. They were correctly guessed by several emailers. They are of course:

(1) Rita Ficarra’s notes of the 12:45 session

Inspector Ficarra wrote up these notes at 8:00 pm on the evening of 6 November, about six hours after Knox and Sollecito were carted off to Capanne Prison.

This was long before she knew she would be contradicted and years before she knew she would be accused of criminal actions. The notes were in evidence, and it was clear during cross-examination that the defense teams had studied them.

She recorded a description of the session in direct line with her testimony in Hoax Post #2 and Hoax Post #3 and Hoax Post #4. It anticipated perfectly the scenario that emerged from other investigators present.

(2) Knox’s hand-written list of seven names

She wrote these out along with maps and annotations. The list had very obviously been created over a prolonged period of time. This must have occupied all but the final minutes of the session, at which point she lost her cool, had her first conniption, and fingered Patrick.

Here again from Post #2 is the testimony about it by Rita Ficarra. GCM stands for Judge Massei and GM stands for Dr Mignini.

RF: At that point I say to her: “for me it is important then that we write these [names etc down], that therefore, since you are waiting [NdT. i.e. for Raffaele], let’s go do a follow-up to the recap that you have already given me, have already submitted to me”. So I go to the office, that is to say, I go into the office room, and we begin to write.

GM: Listen: before continuing, she wrote a note?

RF: Yes.

GM: The note: you can, I believe you can consult/examine/refer to it.

GCM: Yes, certainly, it is permitted to consult/examine/refer to her records.

GM: I am referring to everything that that note reported.

RF: Yes, I’ve already said that, in effect… The note of 6 November, at 2000 hours, I made it in the evening because having then not slept for two days, I went [straight] to bed in morning when I finished. Morning and afternoon.

The first part I’ve already related and it gives me indications about these boys, about non-Italians, about a certain PJ Peter Svizzero, who had seemingly been several times in their home and who lived nearby the area of via della Pergola 7.

Patrick, of the [sic] owner of the pub, Le Chique [sic], where she herself worked, I’ve already said, she gives me the mobile-phone information.

Then she speaks of a certain Ardak, a North African citizen, and gives me the mobile-phone information.

A certain Juve, an Algerian citizen, who worked occasionally at the Le Chique [sic] pub and who apparently lived in the vicinity of the home of another of the victim’s friends.

Sofie [sic]; also for him she gives me the mobile information.

Spiros, a young lad of Greek nationality, for whom she givers me only the mobile-phone information.

Shaki [Hicham Khiri], a Moroccan citizen who works in a pizzeria, frequents the [same] pubs [as those] frequented by all the girls of the victim’s group, and [is] also friends with Sofie [sic].

She furthermore reports about a black South African boy, short, who plays basketball in the Piazza Grimana court, [and] who on one occasion had apparently visited the home of the boys who lived underneath the apartment.

So Knox eagerly devoted considerable time to recalling and explaining who Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and a South African [Guede, disguised] were, with maps to some of their places and phone numbers thrown in. She was talking and writing at the same time. The four investigators needed to do little more than sit watching.

Contrast The “Explanation” In Knox’s Book

In her book Knox makes no mention of any of the above.

Fom 2007 to 2013 when her book came out, Knox’s tendency was to expand upon and embellish her own explanation for her conniption and fingering of Patrick.

This was despite the fact that her two-day stint on the stand in July 2009 focussed exclusively on this was disbelieved by the Massei judges and by most Italians who watched.

It was also despite the fact that she served three years for this with her guilty verdict confirmed even by Judge Hellmann labeling her a felon for life.

It was also despite the fact that after the 2009 trial those investigators she had impugned at trial sparked new charges still to be faced in a Florence court.

It was also despite the fact that more charges for her 2013 book and her Oggi interview are expected to be added by the chief prosecutor in Bergamo.

Amazingly, she was still digging herself in deeper as late as 2014. By far her longest, most self-serving and most surreal version of the session appeared as Chapter 10 of her book.

This chapter is 20 pages long and consists of page after page after page of invented dialogue. Everybody has long known that the last few pages were Knox’s malicious invention.

That the rest of the pages are too is also dead-certain.

Neither Rita Ficarra’s notes nor Knox’s list of names with maps and notes,one of which she created and both of which were repeatedly testified to right in front of her, are even mentioned anywhere in Knox’s book.

This dishonest dialogue and mass accusation of crimes is what Knox and Linda Kulman give us instead: 

Police officer Rita Ficarra slapped her palm against the back of my head, but the shock of the blow, even more than the force, left me dazed. I hadn’t expected to be slapped. I was turning around to yell, “Stop!”—my mouth halfway open—but before I even realized what had happened, I felt another whack, this one above my ear. She was right next to me, leaning over me, her voice as hard as her hand had been. “Stop lying, stop lying,” she insisted.

Stunned, I cried out, “Why are you hitting me?”

“To get your attention,” she said.

I have no idea how many cops were stuffed into the cramped, narrow room. Sometimes there were two, sometimes eight—police coming in and going out, always closing the door behind them. They loomed over me, each yelling the same thing: “You need to remember. You’re lying. Stop lying!”

“I’m telling the truth,” I insisted. “I’m not lying.” I felt like I was suffocating. There was no way out. And still they kept yelling, insinuating.

The authorities I trusted thought I was a liar. But I wasn’t lying. I was using the little energy I still had to show them I was telling the truth. Yet I couldn’t get them to believe me.

Huh? Really? In fact only four were involved. The conversation was low-key. The list of names did emerge. Knox was never yelled at or hit, as her own lawyers publicly confirmed. And Rita Ficarra and others describe some exceptional kindnesses shown to Knox, before and after she spontaneously became disturbed, which at trial Knox confirmed.

Knox and Linda Kulman give us twenty more pages of this mass accusation of crimes, which not one witness confirmed or any court believed, more than enough to occupy the entire session, leaving no time for all the work on that list of names which was the sole point of the session and undeniably exists.

Posted on 08/25/14 at 10:44 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
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Thursday, August 21, 2014

The Knox Interrogation Hoax #11: ChallengeTo Readers: Spot The Two Landmines For Lawyers & Knox?

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American supporters of Knox argue that the “interrogation” is a “she said/they said” situation. One in which it is Knox that tells the world the truth.

And that the police had closed ranks to hide a brutal hours-long session resulting in Knox framing Patrick and that the “lost” recording of the “interrogation” would prove that she is the one that is right.

There is, of course, no recording, as it was an impromptu recap/summary session, with someone who might or might not have relevant information for the police. No legal system in the world requires the taping of that.

But there is in fact hard evidence the other way, that the investigators told the world the truth. Two items. Each mentioned often and assumed as givens in Posts #2 to #9.

Even if the days of crushing testimony left undented by cross-examination which we have posted was not enough, these items prove that the first scenario here is the truth and Knox has ever since lied.

Because several defense lawyers remarked on them without debating them, in cross-examining all the investigators who had any encounter with Knox on 5-6 November, all the defense counsel unquestionably knew that the items lurked there in the evidence pile in plain sight.

It seems impossible to know about these items, and yet still believe that Knox was telling the truth.

Lawyers often encourage their clients to tell the truth and good lawyers never encourage their clients to lie. And yet here Ghirga, Dalla Vedova, Bongiorno and Maori would have known from latest early 2008 that Knox’s claims on the “interrogations” were in fact made up.

And if so, they must have asked themselves, why? Why did Knox have to lie?

In all the legitimate legal processes, meaning all those except the Hellmann appeal, the defense lawyers were seen by close observers to be dispirited and lacking the full punch that the certainty of innocence can bring.

In the years that followed since, these two items helped to changed legal mindsets, from Prosecutor Mignini, to Judge Matteini, to Judge Micheli, to Judge Massei, to even Judge Hellmann, and so on to Cassation and the Nencini appeal.

If they are landmines, in the legal process they long ago went off. 

And all along Knox should have known that the items exist, they were repeatedly talked about right in front of her in the court. But Knox makes no mention in her book, or in her appeals, or in her email to Judge Nencini, or in her appeal to the ECHR (we presume). How odd.

What were these items? Answers on Monday if nobody drops to them before. Good luck.

Posted on 08/21/14 at 06:31 PM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
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Tuesday, August 19, 2014

The Knox Interrogation Hoax #10: The Guiding Magistrate’s Reasoning Three Days After 5-6 November

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Judge Claudia Matteini, the key decision maker in the emerging case for 12+ months 2007-08

1. Previously In This Series

Post #1 sets out the two versions of Knox’s sessions at the central police station on 5-6 November 2007.

The first version has in total about two dozen eye witnesses, and it is the one that prevailed at the Massei trail and throughout all of the appeals -  Hellmann in 2011 (this part was not annulled), Casssation in 2013, and Nencini in 2014. Cassation in 2013 made Knox’s verdict and sentence of three years for the false accusation against Patrick final.

The second version lacks any independent witness, although Sollecito makes some claims in his book that could be assumed to help Knox. There seems no sign that Knox’s own lawyers in Perugia have ever bought into any part of it, they have never lodged a complaint, they did not pursue it in cross-examination, and they have even cautioned against it.

Knox’s lawyers seemed jumpy when Knox pursued elements of it (unconvincingly to the court) in her two days of testimony in July 2009.  Despite this, it is still sustained by Knox herself (in several contradictory versions) and by a number of PR campaigners.

Posts #2 to #9 quote the relevant trial testimony of the six investigators (scroll down) who had the major roles in the 6-7 November sessions. 

2. Judge Matteini’s Report 9 November

The image at top is of Judge Claudia Matteini.

This key post by Nicki describes how every one of the numerous hoops Italian police and prosecutors must jump through is presided over by a guiding magistrate.

Finally, in this ultra-cautious process, if the investigation has not been dropped and the guiding magistrate is confident that the police and prosecutors have made a case, they can then order it submitted directly for short-form trial (as with Guede) or for a trial judge (like Judge Micheli) to decide if there is a case for a long-form trial.

At this point, 9 November 2007, the police investigations were far from done, and the existence of Guede was not yet known (though Knox hinted at him on 6 November) let alone the role he is serving 16 years for.

The investigations continued through the summer of 2008 with Judge Matteini re-entering the process repeatedly. Even after the summer of 2008 additional witnesses were being sought and several including Kokomani and Quintavalle only came forward later.

On 9 November 2007 Judge Matteini had before her the police summaries of evidence and witness and suspect statements. Knox and Sollecito were placed under arrest on 6 November and she had held separate hearings with Knox, Sollecito and Patrick with their lawyers present on the day before (8 November)

Sollecito had seen his lawyers on 7 November in Capanne Prison. Sollecito submitted a new statement for his own 8 November hearing which famously starts off “I wish to not see Amanda ever again.”

On 8 November Knox’s lawyers had just been appointed. Knox and her lawyers were perhaps at a disadvantage in the hearing, having just met. But Judge Matteini was not fact-finding and her only decision was to remand the three (including Patrick) in prison. Knox’s opportunity to talk came on 17 December 2007 in Capanne before Dr Mignini (see Post #11 onward).

On 6 November Amanda Knox had submitted three statements all linked to in Part 1 here and all written at her own insistence. Judge Matteini disallows these for use against Knox but allows them for use against others, later confirmed in a Cassation ruling which oddly was claimed as a new victory by Knox forces. The statements were never ruled illegally obtained.

Click here for the rest

Posted on 08/19/14 at 07:59 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
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Fine Report On One Of Numerous Cases Much Harder To Explain Than Poor Meredith’s

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Strange case indeed. Please click above and then scroll down for a smart presentation by the BBC.

It shows how difficult police work can be, and how there really can be false confessions. Unfortunately, police work is not helped when there are false claims to false confessions.

The 2009 trial transcripts show that Knox was definitely not pressed (in less than two hours, during which she was mostly making a list of seven possible leads) into a false confession (actually a false accusation of Patrick) like the examples here. 

The capital of Iceland, Reykjavik, is to the west (in the position of eight o’clock on a map of Iceland) and the peninsula here is south-west of Reykjavik, in the United States direction.

The BBC is a regular peruser of TJMK. To their great credit they recently aired the excellent, highly objective documentary by Andreas Vogt and Paul Russell on Meredith’s case.

Posted on 08/19/14 at 07:36 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
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Friday, August 15, 2014

Legal Timeline Of The Main Case, On Which The Next Ruling By Supreme Court Could Be Final

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Cassazione (Supreme Court of Italy) seen from the east across the Tiber River


Todays Status

The Supreme Court is due to rule, possibly in the autumn, on what might be the final appeal by Sollecito and Knox on grounds which have not been published. Main steps prior to this:

November 2007

Meredith Kercher is found violently killed in her home while studying abroad in Italy. Her housemate, Amanda Knox, and Amanda’s friend Raffaele Sollecito, as well as Amanda’s boss, Patrick Lumumba, are arrested. A fourth person, Rudy Guede, is tracked down and also arrested. Patrick Lumumba’s alibi is confirmed and he is released.

December 2007, January 2008

Due process hearings authorise the continuation of preventative custody for the suspects, on the grounds of flight risk and possibility of tampering with the evidence.

October 2008

Preliminary Hearing Court, Perugia, Micheli presiding – after investigations have completed, the committal hearing finds there is a case to answer and remands Amanda Knox and Raffaele Sollecito to stand trial on the charges of :

    (A) aggravated murder in company of Meredith Kercher
    (B) illegal transport of a knife from Raffaele Sollecito’s apartment
    (C) aggravated sexual assault in company of Meredith Kercher (later folded into charge (A), on the grounds of being part of the same criminal event)
    (D) illegal profiting by possession, to wit: of a sum of money approx. €300 and of credit cards belonging to the victim, and her mobile phones
    (E) simulation of a crime, to wit: staging a break-in in Filomena Romanelli’s room
    (F) Amanda Knox, in addition, calunnia, for falsely claiming, knowing him to be innocent, Diya Lumumba also called “Patrick”, of being the author of the murder

Rudy Guede is tried summarily “on the papers”, as he has requested the expedited trial procedure (“fast-track” trial) and is found guilty of charges (A) and (C), and not guilty of the theft, charge (D), and sentenced to life, automatically discounted to 30 years for choosing the expedited trial procedure.

December 2009

On appeal to the Court of Appeals, Perugia (4/2009, on 22 December 2009), his sentence is reduced to 24 years, automatically discounted to 16 years, the aggravating factors of the charges not being found by the court. His final appeal, to the Supreme Court of Cassation, First Criminal Section, is rejected (7195/11, hearing of 16 December 2010, reasons handed down 24 February 2011).

December 2009

Court of Assizes, Perugia, presided over by Massei – finds Amanda and Raffaele guilty of all charges (except the theft of the money and credit cards) but without the aggravating factors applying, and sentences them, with mitigating factors included, to 26 years for Amanda, and 25 years for Raffaele (the extra year for Amanda being for the calunnia).

October 2011

Court of Appeals of the Court of Assizes, Perugia, presided over by Hellmann (after a last-minute replacement) – trial convictions quashed, except for the calunnia charge against Amanda (charge (F)), where sentence was increased to time served (3 years); both prisoners released (4/2011, decision 3 October 2011, reasons handed down 5 December 2011).

March 2013

The Supreme Court of Cassation (25/3/2013) found the acquittals on charges A&C, B, D, and E to be unsafe, and annulled that part of the decision, remanding the matter to the Florentine jurisdiction, as per the usual cascade rules, for a fresh determination, and rejected Amanda Knox’s appeal on the charge (F) conviction and sentence.

January 2014

Court of Appeals, Second Chamber, Florence, presided over by Nencini – trial convictions on the non-calunnia charges upheld, therefore sentence increased to 28 years and 6 months for Amanda (11/13, decision 30 January 2014, reasons handed down 29 April 2014). All convicted parties to pay the relevant compensation to the various injured parties. Appeals to the Supreme Court of Cassation have been lodged.

Associated Timelines

See the posts here and here on the timing of events arrived at by the trial judges.

Posted on 08/15/14 at 06:49 AM by catnip. Click screenname for a list of all main posts, at top left.
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Thursday, August 14, 2014

Knox Advisor Ted Simon Gone? With Legal And Financial Woes, Will The Rest Of Her Paid Help Hang On?

Posted by Peter Quennell

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Paid help Robert Barnett, Linda Kulman, Carlo Dalla Vedova, and Luciano Ghirga


We have always argued that Knox needs several kinds of professional help.

But Ted Simon simply parroting the foolish Steve Moore and the foolish Bruce Fischer was not really what we had in mind. If Ted Simon really is Knox’s ex-lawyer what a legal and financial mess he leaves behind.

In America there is a common legal remark on TV: that the coverup is often worse than the crime. It is often for the coverup that perps get sentenced to the longest time - often that is the only sentence they get.

Had the Knox and Sollecito forces been smart enough to take the route Dr Mignini hinted at in 2007 - that this was a hazing with sexual humiliation that spiraled out of control - and shown remorse as Guede to some extent did - the two might have faced lesser charges, been out early, and brought to an early end some of the terrible agony inflicted on Meredith’s ailing family over nearly seven years.

The paid and unpaid help might now be doing just fine.

But of course the smart route was ignored. The coverup for Knox seems totally on the rocks. Italy holds all the cards. As described in the past several posts, legal and financial nightmares for the Knox and Sollecito paid and unpaid help could be ahead. For one thing, they could all end up unpaid.

  • Remember, the prosecution case presented at trial in 2009 was powerful and decisive, and the defenses were so demoralised in the summer and fall that two defense lawyers were said to have nearly walked.

  • Remember, the Knox forces never tell you this, as Steve Moore etc make inane charges about corruption on the prosecution side, but the ONLY known corruption in the case was on the defense side.

It is openly known in Italy that the judicial appointments to the 2011 appeal court were corrupt. It was a hijacked court.

Judge Chiari and Prosecutor Comodi both publicly made this quite plain, Dr Galati said Cassation would set things right, the CSM edged Judge Hellmann into retirement (where he still waffles on with trademark incompetence) and the Supreme Court did set things right, with the unique ferocity that we saw.

Knox’s serial lying in her own coverup was very well known (after all, it was for lying that she served three years) but the flashmob attempts at coverup based on her invented claims went on regardless, even escalated in the past several years with the arrival of new dupes. Saul Kassin and John Douglas and the seriously out-to-lunch Jim Clemente come to mind.

The Knox book bizarrely parrots Steve Moore and Bruce Fischer, presumably with Ted Simon’s okay. Now it has put her paid help’s problems on steroids. All of them including Ted Simon could be legally and financially liable in several different ways. The past several posts described some of those.

Take for example this statement Knox puts into the public domain about her Perugia lawyer Carlo Dalla Vedova, in which she is accusing him of all people of falsely accusing police and prosecutors of crimes:

Carlo [Dalla Vedova], who’d never sugarcoated my situation, said, “These are small-town detectives. They chase after local drug dealers and foreigners without visas. They don’t know how to conduct a murder investigation correctly. Plus, they’re bullies. To admit fault is to admit that they’re not good at their jobs. They suspected you because you behaved differently than the others. They stuck with it because they couldn’t afford to be wrong.”

Really? He said that?

Read all the transcripts at trial and Mr Dalla Vedova’s public statements nowhere near resemble that. They were careful, honest and respectful, to say the least. He had numerous opportunities to complain. But he didnt, not once.

As we’ve remarked in the posts just below, back in 2008 he and Mr Ghirga had to publicly advise Knox to please not keep inventing things. So to this claim of Knox, when her book comes up for trial, what can Mr Dalla Vedova say?

Either he committed a new crime or his client did?

There is a good reason Giulia Bongiorno is not defending Sollecito for his own radioactive book. On that, she has already jumped ship.

Last one out the door, please turn off the lights.

Posted on 08/14/14 at 09:24 AM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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Monday, August 11, 2014

RIP FOA; Could The Adults Soon Decide To Encourage AK To Head To Italy Without Argument?

Posted by Peter Quennell

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Above Italian Ministry of Justice, below American Department of Justice


The post just below described in part how the twin justice systems are stacking up against the perps.

For Amanda Knox there are not one but three more ways in which the legal landscape is more tilted against her.

First, Bongiorno and Sollecito are clearly going for a “get-out-of-jail-early” tactic coupled with a “I-never-bought-into-a-murder” tactic. They dont seem to be maliciously dropping Amanda Knox in it, but they are sure signaling that it’s every perp for themselves now, and that fighting a legitimate system and process is going nowhere.

Second, even before filing a request for extradition, Italy can request Interpol to issue a worldwide Red Notice for her capture. A Red Notice instigated by Italy is what got the CIA operative Robert Lady scampering out of Panama and experiencing a miserable life on the run thereafter - so much so that he has actually talked about suing the United States government (unlike Knox he had a contract).

Third, working through the United Nations body in Vienna that advances and harmonizes national justice systems, Italy and the United States and other closely aligned countries have arrived at these supportive legal arrangements for the enforcement of verdicts in one another’s countries.

In effect, upon Italy’s Ministry of Justice filing the application, the American Department of Justice (with the FBI, just across Pennsylvania Avenue, and the Federal Marshals as its enforcement arms) would pick up the responsibility for tracking down the $10 million Knox would seem to owe

Enforcing Order to Seize Criminal Proceeds:

Under U.S. law (Title 28 United States Code Section 2467), the United States has the ability to enforce foreign restraining and forfeiture orders pursuant to an MLAT request or pursuant to requests made under certain multilateral conventions, including the 1988 Vienna Convention, the U.N. Convention against Corruption, and the U.N. Convention against Transnational Organized Crime. The crime for which the property is to be restrained and ultimately forfeited must be one that would subject the property to forfeiture under U.S. law, had the underlying acts been committed in the United States. To restrain the assets, the requesting country must provide in the MLAT/convention request a copy of the restraining order from the requesting country’s court that specifically identifies the assets in the United States to be restrained, or in the alternative, an order which restrains all of the assets belonging to the accused…

Freezing all of her assets till her dues are paid would mean no credit cards, no cash, no way to pay lawyers, no way to buy food or clothes or pay rent, no way to pay for internet use and a cellphone and trips, and no way to present a clean credit record to any prospective employer so no income coming in. 

If it doesn’t come to that, it will be because those who can guide Knox step in now to break it gently and get her to do the right thing.


Posted on 08/11/14 at 10:32 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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