Wednesday, January 07, 2015

Sound Familiar? Callous Attacker Who Smirked At Trial Turns Into A Whiny Victim

Posted by Mark



Above, shooting victim popular Yancy Noll, about to do a skydive; killer Dinh Bowman images at bottom


Dinh Bowman has just been sentenced in Seattle. See the before-and-after images at bottom. This is from the KOMO News website

A man who killed another driver in what prosecutors called a random thrill-killing was sentenced to nearly 30 years in prison Friday in King County Superior Court.

The sentencing comes after Dinh Bowman was convicted last month of first-degree murder in the August 2012 shooting of Yancy Noll, 43, a wine steward who was driving home in Seattle. The jury reached its unanimous guilty verdict after deliberating for a little over one day….

Before learning his fate, a sobbing Bowman asked the judge for mercy but didn’t ask his victim’s loved ones for forgiveness

A student at the University of Washington, Bowman seems to have been to the Amanda Knox/Raffaele Sollecito/Steve Moore Crime School.

  • He cleaned up the crime scene (his car)
  • He turned off his cell phone
  • He destroyed evidence.
  • He smirked repeatedly at his trial.
  • He thought he could fool jurors.

He won’t have the opportunity to write a book explaining how he was so much smarter than the law, but he clearly fantasized violence as both Knox and Sollecito did. Again from KomoNews.

The judge said he tended more toward the maximum sentence because of aggravating factors in the killing - what he described as the random nature of the crime, Bowman’s “utter detachment” from the devastation he caused and “absolutely no empathy” for the victim or his family.

Noll was shot four times as he waited at a traffic light and was found dead with his hands still on the steering wheel. Bowman sped away in his own car after the shooting, but he was eventually identified and prosecuted.

Senior King County Deputy Prosecutor Kristin Richardson said the case was “particularly frightening because Yancy Noll could’ve been any of us sitting at a stoplight on our way to work.”

She presented evidence showing that Bowman was a student of murder who read manuals on how to kill and avoid capture.

Richardson said the “Death Dealers Manual” was found on Bowman’s computer, which told how shooting someone in the temple could result in death. Noll was shot in the temple.

Just three hours after the shooting, Richardson told the jury, Bowman was reading reference materials he stored on his computer on ways to avoid arrest. She said he was creating a false identity in the middle of the night after the shooting.

The books failed him. Now the smug thrill-killer Bowman is whiny - and starting nearly 30 years in one of the US’s notoriously tough prisons.







Posted on 01/07/15 at 10:40 AM by Mark. Click screenname for a list of all main posts, at top left.
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Sunday, January 04, 2015

That Supposed Tsunami Of Leaks That Supposedly Hurt The Alleged Perps: Who REALLY Leaked?

Posted by Peter Quennell



Curt Knox spins the day in court; prosecutors are forbidden to correct him or explain “their side”

1. How The Supposed Leaks Began

On 6 November 2007 investigators into Meredith’s death thought they had caught a big break.

That was when Knox herself snapped and claimed to be an eyewitness to Meredith’s killing on the night. From 1:30 am to about noon on 6 November Knox repeated that claim and staged her huge fright of Patrick Lumumba again and again. She proved hard to shut up though police did gently try.

Three times in those ten or so hours Knox herself insisted on writing her claims down, including a claim that she did go out alone. She was repeatedly warned she should have a lawyer present first but pressed on.

False claims to have witnessed a murder are rare, but not entirely unknown - there can be fame and big bucks in it, played right.

But in Knox’s case this did not seem to apply - she snapped explosively under no pressure except that just placed upon her by Sollecito who had claimed she made him lie and she had gone out alone from Sollecito’s on the night Meredith died.

And she had to some extent implicated herself - she said she saw a crime she did not report.

On 8 November supervising magistrate Claudia Matteini reviewed police and psychology reports and what Knox and Sollecito had claimed (including Sollecito’s writing that he never wanted to see Knox again).

Judge Matteini declared them both to be bad news. She ordered them to remain locked up. Judge Ricciarelli confirmed that that was all correct.

In coming months Knox was given repeated opportunities to clear herself, to put the evil genie back in the bottle, but she failed every time. In April 2008 Cassation ruled there was plenty of prima facie evidence, and that Judge Matteini had done the right thing.

Knox herself inspired these events of 6 to 8 November. They are what caused the voracious UK media and relatively mild Italian media to get their paid snoops to Perugia fast.

All of them were lobbying to get an edge. Investigators had some difficulty performing their tasks because they were getting so many calls and being crowded in the streets.

2. Did The Police Or Prosecution Ever Leak?

The Italian rules are quite clear. Unlike the US, cases for and against the accused must be fought only in court, and when the prosecutor or judge speaks, it will mostly be in a document that has been cleared.

How many proven examples do you think there are of police and prosecutors slipping reporters leaks and tips and inside tracks to advance their case?

In fact NONE. Not one.

Among the frustrations we picked up from the excellent Italian-speaking reporters who were actually there was how under Italian rules there was so little that police and prosecutors were allowed to share.

In the UK it is also a bit like this. But in contrast in the US there would typically be daily press conferences and prosecutors (85% of them are elected in the US) appearing on the cable-news crime shows like that of Nancy Grace.

And Dr Mignini himself famously never leaks. The few things he ever says are on the record and they always prove accurate, low-key, and very fair. From 2007 right up to today he continues to maintain that Knox had no advance intention to kill. A softer line than some of the judges settled upon.

3. Did The Defenses And Families Leak?

Sure. This case must have broken all records for defense-biased leaks. Finding themselves in a vacuum of police and prosecution information and pushback, the Knox PR grew to an angry and often abusive and dishonest roar.

The sharp-elbowed Knox-Mellas presence was constantly “available” in Perugia and Burleigh and Dempsey among others got totally taken in. Ann Bremner and Judge Heavey and Paul Ciolino became more and more shrill. Heavey wrote to the president of the Italian Republic on his official letterhead. Senator Cantwell issued many unfounded claims. 

And through 2008 and 2009 one can spot increasing leaks from each defense team, often to try to advantage their client against the other two. We were offered some of those leaks, among others “the truth” about the autopsy and “the knife”.

The Perugia Shock blog by PR shill Francesco Sfarzo (now on trial in Florence for making things up, and wanted by police in the US) came to be a main conduit for defense lies and misleading information, possibly some from a disgruntled cop. 

Here is one easily proven leak from the Knox defense that was intended to hurt the police and prosecution in the case.

But putting police so overtly on the spot was a dangerous game. More often each perp and their defense team took whacks at the other two as a Rome lawyer showed here and we showed here.  In the past few posts we have been showing how many things about Rudy Guede were made up (more to come).

4. Making Things Up For Profit And Fame

In 2007 and 2008 various unsavory characters surfaced in Perugia, to try to win fame and make a buck. This quote is from our post directly below.

Christian Tramontano, who had claimed someone threatened him in his house in the dark with a knife who looked like a shot of Guede in the papers two months later, was not even called, perhaps because at a hearing in October 2008 Judge Micheli denounced him as having made things up.

Tramontano is right now a jobless bouncer, as the mafia was found to have some involvement in his club. Judge Micheli scathingly repudiated his tale as his story did not ring true - he made no police report about it at the time.

But worse, he looked like one of quite a few around Perugia (and later in the US) who were seeking global fame and big bucks from the media for “inside knowledge” and claimed close connections to one or other of the alleged perps.

Despite this Tremontano’s self-serving claims are repeated as gospel by the PR shills all over the place. Those claims appear as gospel in every one of their books.

This is from Tom Kington of the Guardian in a report posted 27 September 2008:

The trial in Italy of Rudy Guede, one of the three suspects accused of sexually assaulting and murdering British student Meredith Kercher, was thrown into disarray yesterday when a judge stopped proceedings after learning that one of the main character witnesses had allegedly tried to sell his story to Italian television.

Abuker Barro, known as Momi, a Somalian acquaintance of Guede, was due in court in Perugia yesterday to repeat claims made to investigators that he had seen Guede rifling through women’s handbags in clubs in Perugia and making aggressive advances to women when drunk.

But the judge, Paolo Micheli, blocked him from completing his testimony after lawyers for Guede showed a video of Barro meeting journalists to allegedly negotiate payment of €2,000 (£1,588) for revealing his testimony on Italian television. Micheli will ask magistrates to decide whether Barro should be prosecuted for abusing his role as a witness, which could exclude his testimony.

The incident, described by Guede’s lawyer, Walter Biscotti, as ‘an assault by the media’, follows a series of leaks to the press of evidence and even jail diaries by suspects during the investigation into the brutal slaying of Kercher, 21… [bold added]

Few real reporters were unethical or incompetent enough to accept and report biased and unconfirmed claims like Tramontano’s or Barro’s. But you can find those false claims hyped pervasively throughout the pro-Knox books as if they were gospel.

Among others Dempsey’s, Burleigh’s, Moore’s, Preston’s, Hendry’s, Waterbury’s, and Fischer’s books come to mind.


Friday, January 02, 2015

The Serial-Break-in Arm Of The Rudy Guede Hoax: Testimony In Court Far Short Of Smoking Gun

Posted by Peter Quennell



[Maria Del Prato in the inner courtyard in Milan from which her pre-school opens off]


You might first like to read Miriam’s translations of trial testimony here and here. There are more images here.

That trial testimony fell far short of providing Guede demonizers with all they now claim.  All the testimony about supposed break-ins by Guede was presented on 26 July and 27 July 2009.  These were two lackluster half-days for the defense. 

Pre-school principal Maria Del Prato came across as understanding and fair. Lawyer Matteo Palazzoli, who encountered the break-in scene during a Sunday night visit to his office and who lost his computer did not elaborate very much and seemed glad to be gone. Lawyer Brocchi with the least involvement talked the most, but he could be read as pointing a finger away from what he really thought happened. 

Christian Tramontano, who had claimed someone threatened him in his house in the dark with a knife who looked like a shot of Guede in the papers two months later, was not even called, perhaps because at a hearing in October 2008 Judge Micheli denounced him as having made things up.

Maria Del Prato conceded that Guede probably had a key loaned to him by one of her staff which explained why no break-in charges were lodged.  Milan police did not just let him go, they checked his record with Perugia police (he had none and police knew little or nothing of him) and knew where he was for a possible later charge.

Nobody in Italy is given precautionary custody simply for possessing several items none of which were reported as stolen which conceivably could have been passed to him by another perp.

The French window one floor above the ground in the dark around the back would have been easy to break into on a Saturday night according to Matteo Palazzoli by simply climbing up the grill over the French window below and then using the balcony to break through.

Hardly the scenario for breaking into Filomena’s window during Perugia’s late rush-hour on a weekday evening with a lot of cars and people still around, under a great deal of light from the street and the carpark above, while leaving no prints and no DNA, on a day when as far as he knew all four girls were in town (three of them were).

Zero fingerprints were found in the lawyers’ offices though a great many items had been touched. What appear to be the tools of a habitual burglar were left at the scene. The burglar alarm dial-out had been disabled by someone who knew the special trick to doing that.

The copier was switched on and some quantity of copy paper and several USB drives with legal data were gone. A front window had been opened and then not fully closed, perhaps to pass things through to someone waiting with a car.

Payback or warning by a legal opponent? Such things are not unknown. Neither lawyer systematically reported a theft - Paolo Brocchi claimed he didnt know that his cellphone was gone and Matteo Palazzoli never gave the serial number of his computer to the police. Were they each anxious to just move on?

Note that Guede was placed at a disadvantage here. Neither he nor his lawyers were there to cross-examine the witnesses or call more witnesses of their own and the prosecution did not ask even one question. Nobody asked what legal documents may have been involved.

This has allowed supposition to grow unchallenged, though it looked like a red-herring by the defenses in the court.  Certainly no smoking gun, other than that Guede had some items later proven stolen.  For those he was recently sentenced in Milan to another 16 months.


Thursday, January 01, 2015

Guede Hoax: Translation Of Lawyers Testimony #2 On Breakin Shows No Concrete Connection To Guede

Posted by Peter Quennell



Exit route was via one of those windows; weeks later, Guede would come knocking at that door.

1. Overview Of The Post

This post provides the translated testimony of lawyer Matteo Palazzoli.

He was the owner of a Sony Vaio computer stolen from his office, which was possibly the same one that Guede was found in possession of. The previous posts on this aspect of the Guede hoax showed:

  • How similar to the back balcony route to a forced break-in of Meredith’s house was the supposed route into the Perugia lawyers’ offices.

  • How the testimony from the lawyer Paolo Briocchi on the office break-in pointed as much away from Rudy Guede as it did toward him.

There will be an overall assessment in the next post.

2. Testimony Of Matteo Palazzoli

Translation of the difficult language here and in previous posts was kindly provided by Miriam. MP stands for Matteo Palazzoli, the lawyer whose office was broken into. GCM stands for Judge Giancarlo Massei. LM stands for Sollecito defense lawyer Luca Maori. MDG stands for Knox defense lawyer Maria Del Grosso.

The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

General information: Matteo Palazzoli, born in Umbertide, province of Perugia, October 9 1974, resident of Perugia.

GCM:  Please proceed.

LM:  Lawyer Maori, for the defense of Sollecito.  What is your profession?

MP:  Lawyer.

LM:  Where is your legal office?

MP:  At via del Roscetto no. 3, from Febuary 2007, if I am not mistaken.

LM:  Together with lawyer Brocchi.

MP:  Together with lawyer Brocchi.

LM:  Before you, Lawyer Brocchi told us of this theft you were subject to on the night between the 13th and 14th of October 2007.

MP:  Yes.

LM:  Can you give us information of what happened in that situation?

MP:  I was coming back on Sunday October 14, after being away from Perugia for 2 days, and before coming back… because I live close to the office, I keep the car parked with a subscription at the parking lot of Sant’Antonio [opposite Meredith’s house], therefore I walk down via del Roscetto regularly to return home, which is in via Imbriani [further down the hill behind the law offices]. In these circumstances, I sincerely don’t reacll the reason, I stopped at the office before returning home. I think it was 6:30, 7.00 pm, of Sunday afternoon, I don’t recall the exact time.

I went to the office, and upon entering the office, I noticed right away that something was not right, because to begin with it was October, and it was rather warm, I remember, and strangely the heaters were turned on and it was rather hot inside the office. The heaters were turned on and I immediately noticed upon turning on the light that the bathroom light was on, the restroom of the office. At that moment I didn’t notice anything else.

Then I turned my head to the right in respect to the office entrance , and I immediately noticed my jacket, a black jacket, and a jacket of Lawyer Brocchi’s laid out on the floor. Honestly I asked myself the reason for this. I went to the French window of the office that gives out to an inner courtyard of the building, and opening the inner shutters, I noticed the glass had been broken, and that the jackets had probably been laid on the floor to cover the broken glass.

At this point I ran to my office, that is in front of Lawyer Brocchi’s , and I immediately noticed, cautiously, that the only thing that was missing… besides the binders being completely opened, and the dossiers, in there turn, also were opened with papers strewn throughout the office, I noticed that my computer was no longer there, it was not where it should have been, and that the window of my office that gives out to via del Roscetto [a window in the image at top] that at first glance appeared to be closed, in reality was open. Therefore, it had been reclosed but not completely closed, probably,  don’t know why.. whoever entered, exited through my window, not closing it completely on the way out, I honestly don’t know the reason.

I did another round of the legal office, and I noticed again upon entering the restroom, the light on in the restroom. I went into the office of Lawyer Brocchi, and I remember that inside his office, on the desk of Lawyer Brocchi, there was a suitcase of his and on top were positioned, with a certain precision, certain objects, that I seem to remember were screwdrivers, I am frankly not sure if there were screwdrivers.

After having gone into Lawyer Brocchi’s office I turned and went into the waiting room that is there close to the conference room, and I noticed that there was a small pile of glass, that I don’t know where it came from, because the window of the waiting room… that is, no other window, if I remember correctly,  of the office was broken, in the office the only window that had been broken was the French window that gives onto the inner courtyard.

The window of the waiting room had not been broken and yet still, there was this small pile of glass, furthermore well arranged, in the waiting room. The copying machine was turned on, I don’t know for what reason,  several reams of paper of the copying machine were missing.

LM:  The person who entered had drunk beverages that were in the legal office?

MP:  Yes, I remember that it was a bottle of orange drink, if I am not in error, it was left in the waiting room.

LM:  Listen, you spoke of this computer that was taken on this occasion. Can you tell us what type of computer it was?

MP:  It was a Vaio, the outside cover was white. The distinctive trait is that differently… the distinctive feature of that computer is that it has a 16:9 screen that is high resolution.

LM:  It’s a Sony.

MP:  It is a Sony Vaio, that is a brand of Sony. It has a particular graphics, it is only one of a few computer that doesn’t change the type of color depending on how one roatates the screen. It was a laptop, in any case.

LM:  This laptop did you have any news of where it was… was it ever found? Was it given back to you?

MP:  In these days I have had ways to reconstruct, in my mind, the events and the only thing I have not had a way to… it happened in the succeeding days, I don’t remember exactly when, that while I was coming back from a client outside the legal office, Lawyer Brocchi called me to tell me that the police or carabinieri called from Milan saying that they had found our things, commenting: “you are always lucky, you lose everything, they steal everything, but you always recover everything”, “Okay”, I said.

I arrived back at the office and he told me about the call in detail, that it was… the police station, I sincerely don’t remember, of Milan anyway, they had called and they had found us because on the cellphone of Lawyer Brocchi… which in the immediacy of the event, we had not noticed had been taken because it was an out of commission cellphone and not used by Lawyer Brocchi, thus probably he did not remember in the immediacy of the event it had been taken, he did not realize at that moment.

Opening the cellphone, the message, if I am not in error,  “welcome Lawyer Brocchi” had appeared. Thus they were able to find us, and substantially tell Lawyer Brocchi that they had found his cellphone and my computer. Now, I said before, in these days before today’s judicial hearing I was able to gather my thoughts and furthermore I was never able to verify that the cellphone [note: he presumably means his laptop] that was found was effectively mine, because when Lawyer Brocchi and I went to the police station of Perugia to do the report, I did not have at hand, because my accountant had not given it to me, the invoice that indicated the specific model of the commuter. Thus, today I would not be able to say, if not…

LM:  Anyway the computer was not given back to you?

MP:  No.

LM:  Before you spoke of this telephone call by the Milan police station.

MP:  Made to Lawyer Brocchi.

LM:  Do you know if those [investigators] attached to the police station in Milan had discovered the perpetrator of the theft?

MP:  I sincerely don’t know, they certainly did not tell us. That is, we were told only that our things had been found, or rather, Lawyer Brocchi related to me that the police station of Milan had told him that the things we reported stolen had been found.

LM:  Lawyer, do you know Rudy Hermann Guede?

MP:  No.

LM:  Have you heard of him?

MP:  I have heard of him in relation to the renowned incident of this proceeding.

LM: Do you know that Hermann Rudy Guede was found by the police station of Milan, a few days before these matters, with your computer?

MP:  I don’t know that he was found with… or rather, at the time that Lawyer Brocchi related to me that the police station of Milan had called him, the police station did not specify the individual that was found with the computer. I think that in that circumstance they had specified that it was found on a boy that was committing a similar crime, if I am not in error, in a kindergarten in Milan.

LM:  Was it related to you by your assistant Doctor Morini, I believe that is his name, and by Lawyer Brocchi of an encounter that took place on October 29 with this Rudy Guede?

MP:  Yes, it was related… somehow in this case…when these things happen, unfortunately I am never there.

LM:  You were not present, it was only related to you.

MP:  It was related to me that a boy had come to the legal office, and a conversation had intervened between…

LM:  What kind of boy?

MP:  A colored boy, I gathered, had come to the legal office and held a conversation with Doctor Morini and probably even with Lawyer Brocchi, and declared himself absolutely extraneous to the matter and declared that he bought my computer legally , if I am not in error at the train station of Milan, I sincerely don’t know. This was related to me by my colleagues.

LM:  In any case, you exclude having had your computer returned?

MP:  No, absolutely.

LM:  That, by your knowledge, is in Perugia?

MP:  I think I remember having done a request of release [to Milan] that unfortunately was rejected.

LM:  If you do it here in Perugia, probably you will have a better result. Another question, before you spoke of the fact that when you entered the legal office on the evening of October 14th you saw lights on. The light that was on, where was it situated?

MP:  At the instant I entered the legal office, it was dark obviously, inside the office, and I had not yet turned on the light, I noticed the shining of the bathroom light on.

LM:  Had the bathroom been used?

MP:  The bathroom… honestly this I can’t tell you, that is I can’t know if it was used, from evident signs I think not, but, that is a simple supposition on my part , that does not have much value.

LM:  Thank you.

GCM:  There were no signs of it having been used.

MP:  Yes, no signs of use, no odor.

GCM:  This is what the lawyer was asking. Other questions? For the prosecution? There are no questions. Excuse me, probably just a peculiarity, the window that was broken, if you can give us a description? Are there inner shutters, outer shutters?

MP:  It is a French window that gives out to a small terrace that overlooks an inner courtyard of the building, and below our window, right in alignment, there is a door covered with a metal mesh, so much so that we supposed that whoever entered inside the legal office, one of the possible hypothesis, climbed that metal mesh, because it is a mesh, with squares not more than fifteen centimeters, thus perfectly usable for this purpose. It is a French window that has inner shutters. It doesn’t have…I don’t remember, I think it has… because there was a period when our legal office, for reasons of restoration, eliminated all the outer shutters. So I don’t remember if in that moment it had or not the outer shutters, I think not, but I would say something I don’t remember exactly.

GCM:  I also wanted to ask you, there were only the two jackets on the glass? Where there other items of clothing that indicated a search in wardrobes, or only these two jackets? 

MP:  Honestly I would not be able to remember.

GCM:  You remember of these two jackets, that one was yours.

MP:  Yes because I don’t think there were other clothingsd in the office. I don’t remember if there were others… besides the toga of Lawyer Brocchi, but it was left…

GCM:  I wanted to ask you, these jackets where [normally] were they? On a coat rack?

MP:  They were on a coat rack that is to the right of the entrance to the legal office, they were on a coat rack, a bluish jacket of Lawyer…

GCM:  Not in a wardrobe?

MP:  No, no, not in a wardrobe, on a coatrack.

GCM:  A coatrack.

MP:  A coatrack, yes.

GCM:  I also wanted to ask you, you spoke of a small pile of glass.

MP:  Yes.

GCM:  That is, what was it, a small gathered pile or scattered?

MP:  A small gathered pile of glass.

GCM:  Purposely put there?

MP:  I don’t know that.

GCM:  A little gathered pile, not scattered..

MP:  Not scattered glass as the ones…

GCM:  Not scattered glass but a small pile.

MP:  A small pile of glass.

GCM:  Originating from the broken window?

MP:  Probably yes even because there was no other broken window if not that one and there were no other bottle or other things inside the legal office.

GCM:  The computer, can you describe it? Seen as you said: “you gathered your thoughts” you remember something…

MP:  If I can see it, I will be able to say if it is mine..

GCM:  It’s not that the invoice has…

MP:  No, my computer is a Sony Vaio with a white cover, but the model is not…

GCM:  Okay.

LM:  With regard to the question by the President…

GCM:  Please proceed.

LM:  In connection to the glass, the glass of the broken window, was this glass scattered?

MP:  In part scattered, I gather, seeing as there weren’t others…that the others clustered inside the waiting room were from that glass, but not…

LM:  So there was glass scattered both inside the room where the window was broken, and in adjacent rooms?

MP:  Let’s agree that the scattered glass, covered by the jackets, was in the corridor that leads to the administrative office, which is to the right of the entrance and is in front of the French window from where the individuals had…

LM:  So, in conclusion, there was a scattering of glass…

MP:  Yes.

LM:  … let’s say with enough range…

MP:  More than where the jackets were located.

LM:  Thank you.

MDG:  May I, President, just one question?

GCM:  Yes, please proceed, Lawyer.

MDG:  Do you remember if you had inserted a password on your computer.

GCM:  Okay, maybe the last questions, on the computer.

MDG:  On the computer model, President.

MP:  No.

MDG:  It was not inserted?

MP:  No.

MDG:  Thank you.

GCM:  The witness is excused.

There are no other questions; the witness is dismissed.

 


Sunday, December 28, 2014

Meredith’s 29th: She Might Confidently Have Expected To Have Come Far By Now

Posted by The TJMK Main Posters





A kind stranger sees it. From John Kercher’s fine book Meredith:

I had never heard of the ‘white feather’ phenomenon until some years ago. The story goes – or so I was told – that when somebody close to you dies, they occasionally send you a white feather to let you know that they are fine and thinking of you. Whether this was true or not, I could have no idea.

In the days after we were allowed to bring Meredith home and bury her, I went to the cemetery alone and, when I returned to my car, a small white feather was fluttering by the driver’s door. Soon after, I visited Meredith again – and again I saw a single white feather. After this, it happened on several occasions – but I always thought that it was simply a coincidence.

That was until, sometime later, Stephanie and I were sitting in the garden at a table, and as we talked, a pure white feather floated down and settled between us. I looked up into a clear blue sky. There were no birds. For the first time, I wondered if Meredith really was communicating with us. It was so easy to think that this was a stupid superstition, but I would not stop myself wondering if it was something more.

Then, quite recently, I had a coffee in London with one of Meredith’s friends from Perugia, Natalie Hayward. We had been talking generally and about Meredith. When we left and stood outside South Kensington Underground Station, to my amazement a white feather suddenly floated down between Natalie and myself and settled on her hand. I looked up. Once again, the sky was pure blue and there was not a bird in sight.

After Natalie left, I stood at that point for a full ten minutes, looking skywards, and not one bird appeared. Since then, I have heard and read of other people’s similar experiences. From this moment on, I like to think that, in some comforting way, Meredith truly is communicating with me. You may think me stupid or superstitious, but it is an experience I have never had before, and for every white feather I see, the feeling grows stronger.

Sometimes other people can say things better than you can yourself, because you are too close to events. This was certainly the case when a complete stranger, a middle-aged American woman whose name we do not know, wrote to us and managed to capture the entire essence of the person Meredith was. Her message, unsolicited but so appreciated, was so poignant that it made us cry. Here is what this American woman wrote about our daughter, which I am proud to publish.

    Meredith was an exceptional young woman, who was intelligent, friendly and loving, beginning the adventure of a lifetime. She emerged into the independence of young adulthood with a remarkable ability to make good on all of the advantages that life had given her: a loving family, physical beauty and vitality, intelligence, grace and wit and a desire to excel.

    Along with others, I have felt drawn to learn more about this extraordinary young woman, who did everything that she could, it seemed, to be happy, to achieve and to create goodwill among everyone that she encountered. By all accounts, she was conscientious and generous, possessing a grace and sense of responsibility unusual for her age, while retaining a youthful joy and spontaneity.

    Over time, I became aware of another, deepening aspect of her story working through me. I thought about how beautifully Meredith moved through the world: her dedication to her studies and focus on future goals; her commitment to family and the value that she placed on all relationships. These were qualities that became a touchstone for me, qualities that I aspired to strengthen in myself. I felt drawn to her radiance as a guiding force for good in my own life.

    Most of us will never enjoy, in such abundance, or with such seeming ease, the beauty, joy and success that Meredith possessed and achieved in her short life. But what Meredith knew, what Meredith was, can become a universal lesson. What Meredith, the woman and her life, can teach us, and has certainly taught me, is the value of moving in the world from a place of light and joy. Meredith has set an example, a standard that challenges and inspires us to live in the world differently. Every time that I think of her, I am reminded of this. For those of us who open ourselves to receiving the gift of her radiant beauty, she can serve as a source of inspiration, and a light toward which we can strive.

Upon reading this, I was overwhelmed. I wondered if this lady was clairvoyant, for she had somehow captured the essence of Meredith so perfectly. I could not have written anything better.

It is moments like this that make me believe that it is right that, as a family, we still vow to get justice for our Meredith – who, in death, has somehow changed the lives of so many people, without them having even known her. How these people are so perceptive about her, I do not know, but the fact that she has touched so many unknowns means that, in some way, she still goes on.




Posted on 12/28/14 at 12:36 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
Archived in Concerning MeredithHer memoryHer family
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Friday, December 26, 2014

Guede Hoax: Translation Of Lawyers Testimony #1 On Breakin Shows No Concrete Connection To Guede

Posted by Peter Quennell



Christmas in Milan where Rudy had an ambiguous encounter in a pre-school in October 2007


Our previous post showed the giant scale and surreal flavor, and the hard facts left out of the innuendo, of the crackpots of the Knox-Mellas campaign.

Innuendo will get them precisely nowhere. All the courts that have processed the case have warned about this, except for the hapless Judge Hellmann’s, and in March 2013 Cassation was especially sharp in warning that unless there is EVIDENCE to the contrary the hard facts presented to the panels of judges must be respected.

For evidentiary reasons exclusively, Rudy Guede has never been charged with breaking and entering. Guede got no breaks, ever, contrary to myriad claims.

The one questionable location where he was found was the nursery school in Milan. As he apparently used a key from one of the staff, any breakin trial would have been dead on arrival. No law required that he be detained. (He was however later charged with being in possession of stolen property,  and just a few days ago his sentence was extended by 16 months.)

The previous post in this series showed how similar to the BACK BALCONY route to a forced break-in of Meredith’s house was the supposed route into the Perugia lawyers’ offices. It had nothing in common with Filomena’s window, contrary to myriad claims.

This post and the next in this series show how the evidentiary proof that it was Guede (and not someone with a grudge or a trial opponent) who broke into the Perugia lawyers’ office is ambiguous and contradictory. Some signs point away from Guede, not least that photocopies apparently made of legal documentation (the copier was on and copy paper missing) would have required the use of a car.

This post is on the testimony of the lawyer Brocchi (owner of the cellphone) and the third post is on the testimony of the lawyer Palazolli (owner of the Sony Vaio computer). Brocchi was quite talkative, despite his minor role, and so we will hold our highlights and interpretation for the next post.

The extensive translation of the difficult language here and in the post still to come was kindly provided by Miriam.

The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

General Information: Paolo Brocchi born in Rome, March 2, 1968

GCM: Please proceed.

LM:  Good Morning, lawyer Maori, for the defense of Sollecito.

PB: Good morning.

LM: It is an unnecessary question, but I must ask it. The first question is this: what profession do you hold?

PB: Lawyer.

LM: Where is your legal office?

PB: In via del Roscetto no.3 in Perugia.

LM: Did your office undergo a burglary in 2007, in October 2007?

PB: Yes.

LM: Can you tell us how this burglary took place, how the thieves got in, and what was taken?

PB: Certainly, the burglary was discovered by my colleague lawyer Palazzoli, the owner of the office, he told me about it on a Sunday afternoon, because the theft took place….. It was done between the night of 13th and 14th of October 2007, a night between Saturday and Sunday. The burglary was discovered by my colleague, the lawyer Palazzoli, on Sunday afternoon, because he entered the office to look for a professional file, and upon entering he discovered the burglary. The person or persons that entered inside the office, from what we were able to reconstruct together with members of the Squadra Mobile that intervened for us at the office, they entered through a window situated in the secretary’s office that was subjected to broken glass, the glass of this window was broken with the aid of a piece of porphyry, a big rock that we found there at the spot. The window was broken, then these persons or person turned the handle. The glass clearly was spread everywhere, because it was a rather thick glass. After which, on top of these pieces of glass we found our clothes. For the most part the glass was scattered on the floor and on top of the glass were our jackets, mine and my colleague’s Palazzoli, that had been hanging on the clothes hanger in the corridor right in front of the window.

LM: Excuse me if I interrupt you, to reconstruct the dynamics of the event exactly . It would seem   that the 13th of October was a Saturday.

PB:  From what I remember, yes.

LM: Your colleague had remained in the office until….........

PB: No, I stayed in the office. Saturday I remained in the office because I had a client on Saturday   afternoon, that was something anomalous, but it was for an urgent discussion. I called for a meeting that Saturday morning, then he arrived in the afternoon, and I left the office at 8.30 pm that Saturday.

LM: 8.30 pm that Saturday and after, the following Sunday, the evening…...

PB: The day after, Sunday, I was called on the telephone by lawyer Palazzoli, who told me “Look somebody came into the office, I have already called the Carabinieri”, who then because of the jurisdiction of the old town center, as we found out, alerted the Squadra Mobile of the State Police.

LM: Does your office have an alarm?

PB:  The office was fitted out with an alarm, but that evening it was not activated, because, as I reconstruct the event, it had just been installed. That evening I left at 8.30 pm. I remember perfectly that I did not activate the alarm system. The strange thing that I can highlight in connection here is that I noticed the alarm system the next day, when we entered, was not damaged, the bright light was functioning even if it was dis-activated, and the person or persons that entered did not damage the alarm, they only dis-activated the telephonic combination, thus with this they manifested a minimum confidence, a certain competence in the subject matter of alarms, of electronics, because to dis-activate a telephonic combination without damaging the alarm, I would not be capable, even being the owner, thus I would not have this competence.

LM:  One other thing. You spoke then about a window that …..

PB:  Yes, apparently

LM:  Was that the only break in?

BB:  Yes

LM:  Is it a window that gives onto the main street or onto a private court yard?

PB:  No, this window gives out to a private court yard that is than protected from the public street by an exterior gate. So it is probable…. I don’t know if can be possible…. because close to that window there are other windows of other apartments, there are… there is a window that is about one meter from the balcony of my office, so everything is possible. But this person or persons if they came from the public street would have to open a gate that gives on private property and then, with the help of I don’t know which tools, climb up for three, four meters on a vertical wall to then arrive to the terrace ,where was located my office, where it is still located, first up to this window and then through this window enter inside my office, if this was the way in.

LM:  However this break in took place in this window, three/four meters high.

PB:  More or less

LM:  Did you find a ladder close by?

PB:  No

LM:  Did you find other tools?

PB:  No. I remember that we inspected with the Squadra Mobile crew. I should say that the property below us has a door, an armored mesh and a particularly able person could have climbed up. Could have, I don’t know, this is just an assumption.

LM:  Anyhow it was not easy to climb up.

PB:  Absolutely not.

LM:  Before, you spoke about this rock, this porphyry..

PB:  Yes

LM:  Where was it found, inside or outside?

PB:  Strangely, right on the little terrace, evidently the person or persons that entered with the help of this very heavy porphyry because a double glass had to be broken, it was not a thin glass, but it was that type of glass utilized mainly for thermal insulation, certainly not for security reasons, evidently it needed a heavy impact in order to somehow succeed in the intent, otherwise a small piece of rock would evidently have been sufficient.

LM:  What was taken from inside the office?

PB:  So, at first we noticed that the office was in a state of general disarray : all the archive was turned upside down, all the files of the offices were piled up in a heap. But from the first inventory that we did there at the moment, this was missing: a new computer belonging to the lawyer Palazzoli, a note book the brand of which I absolutely do not remember [actually a Sony], a USB flash drive used to save data, a portable Canon printer which was mine, and then a few days later, when I was contacted by a crew of the Police of Milan, agent Spesi Rita, I realized that they had also stolen a cell phone, that anyhow was not working properly, that furthermore was included in the process of investigation (SDI) of the Police Force. Therefore there was also this cell phone, that beforehad I had quit using and didn’t even remember about, that was in the drawer of my desk.

LM:  Lawyer, were money and checks stolen too?

PB: No, there were none.

LM: On this I have to challenge, that you on the complaint of the burglary indicated also checks from the Banca delle Marche [were stolen].

PB: No I will explain the reasoning. Those checks at the first moment appeared to us not present. There was a block that was finished, but then after checking with the bank, those checks had been annulled, so in reality they hadn’t been stolen. The verification that we did at the bank the Monday after, highlighted that I had annulled those checks and the bank had trace of it, so nobody took anything.

LM:  Another thing before speaking of the recovery of the computer, you told us of the small havoc done inside your office.

PB:  Yes.

LM:  You spoke of the ransacking, in addition to, as you said before, of the broken glass with your clothes on top. Was also the photo-copy machine utilized?

PB:  I am not able to say that. It was easily usable because it was not code protected, but this I am not able to…

LM:  Did they turn on the heating?

PB:  Yes, when we entered the heating system was on, as matter of fact there was a torrid temperature inside the office, because it remained on, I think, more than 24 hours, in a month, October, that was not particularly cold. Furthermore I noticed that this person or persons that entered inside my office even made use of drinks that were in a cabinet, leaving…. they even opened the cabinet of the first aid meticulously looking for everything that was inside, but more than anything else disinfectants and blood pressure gauge, this type of things, but they really did an accurate selection of the material present inside the first aid cabinet.

LM: Returning to the computer, the property of…..

PB: Of the lawyer Palazzoli, yes.

LM: Was it discovered at a later date?

PB: Well, we never saw it. I say, that the 27th of October 2007, around noon, it was a Saturday, I was in the office in a anomalous way because generally I had the first 3 hours at school and the last 3 hours are normally always….. making 6 hours Saturday morning. But that morning I left early and I was in the office. A telephone call came in on the land line, a call from the police station Venezia Garibaldi from the Milan Police, the agent Rita Spesi, who told me that they had found an individual, of whom I was not given general information, nor the gender, I was only told that certain goods were on this individual, that if I remember correctly they were found inside a kindergarten, a school, an institute of learning, and in this instance, among goods that were in possession of this individual or better held by this individual, this person also had this cellphone. Turning it on, my name appeared, and from here the police officer by way of a search of the SDI system of investigation, saw my complaint of theft of October 15th 2007, and so she asked me if proveably those goods were my property.

LM:  Therefore the telephone and computer?

PB:  Telephone without doubt, the computer was described to me, it was not mine, I manifested doubts in the sense that…... well I had never seen it, or used it, because it was my colleague’s, who had just bought it, a short time ago he had just bought it. On the computer I manifested doubts. On the telephone, on the telephone however by way of the names of the address menu, the clients and friends of mine, I was able to confirm with certainty that at least my SIM card was on that phone.

LM:  It is a Sony model…..no excuse me…..

PB: No, the telephone is a Nokia.

LM: It is a Nokia, model 6310.

PB: Nokia, for sure, the model now not….....

LM: Like this one, so to….....

PB: Yes, exactly.

LM: 6310.

PB: It is the same color, if I remember correctly.

LM: However this is not yours, it is mine.

PB: No, fine.

LM:  Was the name of the person that was stopped given to you by agent Rita Spessi?

PB:  No, absolutely not.

LM:  Did you then find out the name of this person?

PB:  No, this happened on October 27th when the police officer calls me. All ends with this telephone call in which I stated I recognized at least the cell phone. On October 29th, a Monday afternoon I am in the office and on the phone with some clients. October 29th, I may be mistaken, but I believe I mentally reconstructed the facts in this way, I did not take notes, I must be honest. October 29th my attention - I was on the phone - my attention was drawn by a commotion in the lobby, the common reception area outside the office. I hear voices in the corridor, I am still on the phone, afterward I get closer to see that an assistant of the office, Dott. Luciano Morini, is speaking with someone. Before I can realize what is happening, he tells me “Look Paolo, here is a person that says that he was found with merchandise, goods, objects that were reported stolen by you and your colleague Palazzoli, but that he bought them in Milan close to the train station in central Milan”. At which I go to the corridor and I see, at the entrance of the lobby, a colored person that has a basketball in his hands and is dressed in sport clothes. These things surprised me, because we were at the end of October and it was kind of cold, it struck me quite a bit seeing this person in sport clothes, a tank top like those used by basketball players, and a basketball. I recognized the basketball because I played basketball for twenty years, so I know how to recognize one.  At that point I say: “Look I don’t know who you are”, he answered: “I don’t know who you are either”, I replied: “ Look we are only interested in having our belongings returned” and that was all. At that point I went back to the office. I don’t know if the person stayed in front of the office, and anyhow I close the door and there it ended. A few weeks later, may be a month later, I’m not sure, some time later I see on the newspapers photographs of a person that was associated with the matters of this proceeding, from which I recognized the person that presented himself that afternoon on October 29th, before the matters that brought to this proceeding, at the office to say that, yes he was found at that location in Milan by the crew of the Squadra Mobile, of the police station Venezia Garibaldi, that he did not…. tell me but tell to my colleague Morini, that he did not take anything from anybody but those things he obtained by purchasing them.

LM:  Who is this person? Can you give us a name and surname?

PB: Doctor Luciano Morini that…....

LM: No, no, I say…....you told us of your assistant. You said that this colored person that you did not know, that you saw for the first time October 29th 2007, then at a later stage had the means to see by the newspaper who it was.

PB: Yes.

LM:  Can you give us the name and surname of this person?

PB: I believe that I recognized in that person this Mr. Rudy Hermann Guede, that is not a defendant   in this proceeding, but is involved in the other one…..

LM: Always in reference to October 29th , at the moment this person came to your studio, you said : “This person arrived , and spoke with my colleague Morini”.

PB:  Yes.

LM: And he told you: “I do not know you”. These are the exact words that you said before?

PB: When I was on the landing, I said….....

LM: That which Guede said to you.

PB: That which I said to him, because I spoke first and said: “Look I do not know who you are”. He responds: “ I don’t know who you are either”, furthermore in a perfect Italian, with a Perugian accent, something that surprised me, because been a person…… but everything is possible. To which I told him, “look let’s cut it short we are not interested. We are only interested in getting our goods back ”, end.

LM:  But naturally you knew the subject of the discussion between….

PB:  Because a moment before Dr. Morini related to me “look there is a person outside that says that he bought goods that you and your colleague reported stolen, he bought them in Milan”.

LM:  One last thing. Concerning the computer of your colleague Pazzoli, do you remember the brand, the model?

PB:  No, I’m not able to answer.

LM:  Thank you.

GCM:  Please proceed.

LG:  Excuse me Lawyer Brocchi, I am Ghirga. Your office is on which street?

PB:  Via del Roscetto, 3.

LG:  First…. You already told us the height, can you repeat it?

PB:  The office is on a raised floor, technically, it is not a first floor, is a raised ground floor, that means that from the entrance of the building you go up ten steps to enter the condominium, then on the left end side there is the entrance to the office.

LG:  An what about this terrace window?

PB:  It is on the other side of the building.

LG:  From the outside how much can it…

PB:  Let’s say that are a few meters, may be three, four, but I am not able …..because I never measured it.

LG:  But you were speaking of an access from another street that intersects Via del Roscetto?

PB:  Exactly there is an intersection, Via del Lupo, going downhill.

LG:  Via del Lupo

PB:  Via del Lupo, if I remember correctly, it goes down till you reach a dead end, it comes to a courtyard behind the building and then there is another courtyard that is private property enclosed by a gate. If these person or persons entered through here they would have had to open that gate to get inside to what I described before to get into the office.

LG:  Thank you, I wanted to clarify that.

GCM:  Mr. Prosecutor, please proceed.

PM:  (unintelligible - no microphone) ?

PB:  In effect I don’t know. Seeing as I was alerted to these happenings by agent Rita Spessi of the police station Venezia Garibaldi, sometime later, together with my colleague, we filed an application for the repossession of these goods at the central penal record office of the Procura di Milano, via Manara. After 24 hours an agent, an operator, or a clerk of the central penal record office, calls me on the telephone and tells me: “Look, Lawyer, we saw the application of release, but to us form 21, does not result in any procedure”. To which I said: “How can it be that no form 21 procedure shows up ? The agents would have done a CNR, or not? At least by the end of their duty, having found a person in possession of stolen goods should have reported…”, “Look , there are no results of this procedure”

PM:  (unintelligible - no microphone) ?

PB:  Form 21, subject known, in the sense that in the Procura della Repubblica there are various forms, 21, 45, 44, relative documents, etc.

PM:  (unintelligible - no microphone) ?

PB:  No, I looked for it as a form 21, but even then they…..I even asked: “Be patient, I will look for it on the other forms”, to which he said: “We cannot find it”. Given that some time had passed this caused me some surprise. That’s it.

PM:  But they notified you (unintelligible - no microphone) ?

PB:  No, never.

PM:  So then this procedure in any case is not a charge (inaudible - outside the microphone)?

PB:  This I don’t know. I only say that the application of release, I filed it, and that the central penal record office of the Procura called telling me that they could not find the application filed by me and my colleague as the offended parties and no other relative documents regarding this procedure.

PM:  When did this happen?

PB:  2008, last year in the spring, months and months after…..

PM:  Did you by any chance verify if there was (unintelligible audible-outside the microphone)?

PB:  No, no.

PM:  (unintelligible - no microphone) ?

LM:  I oppose this question by the Public Prosecutor because I would like to make it known to the court that we know that there is a penal proceeding, the Public Prosecutor D’Amico in Milan even has it. We asked for the acquisition, and we have right here……

GCM:  Excuse me lawyer, what is the motive for your opposition?

LM:  Because the Public Prosecutor is asking if there is a penal proceeding, when in reality……

GMC:  Excuse me Lawyer, but the Public prosecutor is asking questions to the witness on what he knows. That if evidences comes out from other sources, they will be acquired. The objection is rejected. Please Public Prosecutor.

PM:  (unintelligible - no microphone) ?

PB:  Yes, it is a palace of the 15 century

PM:  Do you know, by chance, which was the path (unintelligible – no microphone)?

PB:  I can presume it, having found the glasses in the inside, that….

Note: in this moment the PM microphone is turned on

PM:  Therefore before I could not be heard.

GCM:  The answers have been…

PM:  The answers were…

GCM:  Yes.

PM:  I understand.

GCM:  The other questions… excuse me, the Public Prosecutor was asking if something to you results…

PM:  If there is a proceeding, and you say there is not one.

PB:  No, I don’t say there isn’t one, It does not result from me because the the central penal record office of the Procura di Milan, calling me on the telephone, referred to me the day after, that up to that date there was no registration. Now, everything is possible, that they it registered it later, I don’t know.

PM:  You did not have any news, in any case…

PB:  Never, never.

PM:  Did you receive an extension of the investigation?

PB:  Never, never.

PM:  Let’s go back to the position of this… then this office is on the ground floor…

PB:  Raised ground floor.

PM:  … raised ground floor. From what point do you arrive?

PB:  On via della Roscetto there are 2 windows on the raised ground floor, on the street front, that are the rooms of my colleague Palazzoli and mine. Then there are…

PM:  What is the distance from the ground?

PB:  From via della Roscetto it is minimum 3 meters, yes 3 meters, because I am tall… well it’s 2 or 3 meters. Then going down via del Lupo, there is a slope, until this public courtyard, because via del Lupo is a dead end. Thereafter, from this side the height increases, let’s say, it increases slightly after this small slope, therefore the ground goes up and there is an internal court yard that is accessible from the public courtyard through an iron gate. Going through this gate you arrive at this private courtyard, than there is an armored door with a mesh, so that one with the mesh is on the ground floor, looking up you see this balcony, this little terrace that is outside is my office, that is situated ….. more than three meters, between three and four meters from ground level.

PM:  So, this door with the mesh is a door and not a window.

PB:  No, it is a door

PM:  Therefore all the way to the ground.

PB:  Yes

PM:  How high is it?

PB:  More than two meters for sure.

PM:  So after this door, there is another meter to arrive… or a meter and a half, two meters?

PB:  I presume at least another meter.

PM:  Another meter to arrive to the balcony.

PB:  At least.

PM:  Where was the porphyry rock found?

PB:  On the balcony, on the outside.

PM:  You said that inside … can you describe what you found? How was the…..

PB:  The situation.

PM:  So the rock was outside.

PB:  The rock was outside, the glass was inside, the glass of the window in part on the corridor and they were covered with our clothes, mine and those of Lawyer Palazzoli, placed right on top of the glass.

PM:  They were on top of the glass.

PB:  On top of the glass, and the thing surprised us, “maybe” we said “to not make noise passing over them”, I don’t know, it is only a supposition. After which they were in the room of the photocopier other pieces of fragments of glass always coming from that window, the only one broken, they were situated on a small rug that was right in front of a workplace, a computer. Then right in front of this there were drinks, real close, open, partially consumed. Then we went into the other room, where the filing cabinet is, it was completely turned upside down. All the drawers were open, all the files were taken and the papers all mixed up on the floor, there were a mountain of paper, an entire archive practically mixed up, that many things we were never able to find, some later, some first, others later. Therefore this was the situation. Then inside my room, on my desk, there was a leather suitcase belonging to me, on top of this suitcase in a very orderly way were placed some screwdrivers, pliers, a hammer, facing the window, all perfectly aligned and facing the window. Even here all the papers in disarray. A chest of drawers was opened, inside were files, all the records of the law practice funds, all the annual quotas of the inscriptions, all things that we found eventually with a lot of effort, mixed one on top of the other. Even here was another filing cabinet of my dossiers that was opened and all the papers mixed up. Then inside of the administrative office there were, there are all the folders with the contracts of the intensity bills, with the deed to the office, all upside down. There was the placement of the [printer] that was… let’s say there had been activity, because we found receipts scattered close to the machine, so there had been…at the least this person or persons had gone to satisfy themselves of what that instrument was. This was…

PM:  Listen, was the cell phone given back to you?

PB:  No, I asked for the release, I deposited …

PM:  So it is in possession of the police or the procura?

PB:  Office of the body of evidence, I presume.

PM:  Fine. I don’t have any other questions.

GCM:  Questions from the civil parties? None, President. The defense can complete it’s questioning.

LM:  I would like to deposit a record that naturally is in the dossier of the Public Prosecutor and on the basis of this record then ask questions of the witness.

GCM:  Maybe put this record at…

LM:  It’s about.. this can be useful to the lawyer because the number of the penal procedure that charges Rudy Guede is indicated and a warning effected on February 1, 2008 by the Procuratore della Repubblica, the assistant D’Amico, that is carrying out the investigation with regard on Rudy Guede for the crime of theft, receiving stolen good, and for the crime of carrying an illegal weapon, law 110 of ’75. This information was also given to the Procura della Repubblica of Peruga, to Dr Mignini, with communication via fax.

PB:  When was the procedure registered? Ah excuse me,I can’t…

GCM:  Let’s see the document. So the parties have seen this document?

LM:  There is an error in the writing of Dr Mignini (“Dr Minnini”) but it can be understood that it is his fax and and it was even addressed …

GCM:  Even the defense of Knox knows this…?

LG:  (unintelligible no microphone) ?

GCM:  The question in relation to this document?

LM:  The question is this, Doctor D’ Amico makes aware that all of the confiscated material and thus the computer and the Nokia cell phone, had already on the date of February 1, 2008, prior to February 1, 2008, been passed on to the police station of Perugia.

PB:  So it is in Perugia.

LM:  The question is this, I would like to know, did you request in the first days of the year 2008 to the police station the return of…

PB:  No, I did so to the Procura di Milan, believing that it was held in the body of evidence of the Procura di Milano, because those people told me they were found in Milan and that it was probable evidence of a criminal activity. Therefore, I thought to make a request of release to the Procura di Milano.

LM:  Reading the letter sent by Dr D’ Amico , for the Procura di Perugia, both the computer and the cell phone are indicated. Can you recognize the computer, property of your colleague?

PB:  I say that the cell phone without doubt was a Nokia; the 27th of October 2007 is true because it was Saturday; the Sony Vaio I cannot be certain of the brand, because I absolutely don’t remember it, because it was not even mine, , therefore I don’t know. The attempted aggravated theft, 56, 624, 625, 648…

GCM:  Only on the objects.

PB:  Yes. No, the objects… I can only say about the cell phone.

GCM:  So only the cell phone.

LM:  I ask for the acquisition so as to demonstrate that, indeed, there is a penal proceeding.

GCM:  Agreed. Other questions?

PB:  So it is pending in Milan. The strange thing that I can say to the president is this…  I see that it includes the form 21/2007. So I don’t understand why the Penal Central Record Office told me that it was not pending…

GCM:  Excuse me layer, let’s go back to the testimonial questioning, therefore on the circumstantial facts.

LM:  Let’s go back to the reconstruction of the entry path in your office by the thief. To the question by the Public prosecutor you explained, as you explained to me, that this window is at the height of about 3/4meters from the ground floor.

PB:  From via del Lupo, yes

LM:  Then you refer to a door, an iron door which is close…

PB:  Yes, I confirm.

LM:  And this iron door at what distance is from the window?

PB:  It is perpendicular just under the window.

LM:  So therefore there were, let’s say, coarseness on this door that could allow an eventual…

PB:  A fit person, not I; a fit person, not someone like me, could have climbed up with the risk of plummeting to the ground, because there is clearly no protection, there is nothing but a vertical wall.

LM:  I do understand. One last thing, the window from which the thieves entered as you indicated, is higher than the other windows?

PB:  No, because the office is on the same level and it is exactly…you mean compared to the office or as per the window height?

LM:  Compared to the street level and the other windows.

PB:  No, at this point, when you get to little terrace you are practically at the level of the other windows.

LM:  One last thing, when that man on the 29th of October that man, Rudy Guede, came to your office…

PB:  No, not in the office, he was on…

LM:  On the landing?

PB:  Not even, he was in the entrance… on the steps between the street and the entrance of the office…part of the lobby. He did not enter the office.

LM:  His intention was to come inside the office, to come to you?

PB:  I don’t know. As a matter of fact he didn’t know who I was, because, when he rang he rang on Legal Office, because evidently somebody had told him that those goods had been… but I repeat, I did not speak with him, therefore no… they are all things told to me by Dott. Morini, so they are not of my direct knowledge.

LM:  Thank you.

GCM:  When did this take place?

PB:  This happened Monday afternoon around 5, late afternoon on October 29th 2007

GCM:  So how many days after the theft?

PB:  The theft was October 13th, this on the 29th .

GCM:  If there no other question the witness is excused.

There are no other questions; the witness is dismissed.

GCM:  The communication from the Procura della Repubblica, Tribunale Ordinario of Milano dated the 1st of February 2008 is acquired in order to be used. Who is next?

LM:  Lawyer Palazzoli



Tuesday, December 23, 2014

Calling Planet Knox: Maybe Chris Mellas And Bruce Fischer Need To Rein In Their Crackpot Brigade

Posted by Peter Quennell





Above is Chris Mellas with Curt Knox, who we are told maybe thinks the way-too-rabid Mellases now damage the prospects of Knox. 

Here is some chest-thumping babble on the reliably dishonest website GroundReport by one of Chris Mellas’s crackpot gang, the singularly foolish crackpot Jay.

Today I examine the role of the Italian judiciary in the framing of Amanda Knox and Raffaelle Sollecito for the murder of Meredith Kercher, the skillful way Giuliano Mignini used the Italian media to hold the entire judiciary hostage to his career ambitions, and why I believe the Italian judiciary may finally be ready to fully exonerate Amanda and Raffaelle of any involvement in the murder of Ms Kercher.

This case has been out of the hands of Dr Mignini for over five years - if it ever was fully in his hands. He initially took a decidedly mild stance against Knox, who he thought, through drugs and mental problems, had got in over her head and Meredith’s death was not planned.

In fact from the day after Knox’s arrest the no-nonsense Judge Matteini and Judge Ricciarelli led the case all the way to trial. They got all their information directly from THE POLICE. In light of hard evidence and a psychological report they insisted a potentially dangerous Knox be kept locked up. In April 2008 Cassation very strongly agreed.

Pretty bizarre to see a Mignini witchunt in this, or a judiciary about to reverse itself on years of meticulous work.

At the time of the Meredith Kercher murder on November 1, 2007, the Italian judiciary was was locked in a struggle with the Perugian prosecutor Giuliano Mignini. Mignini was facing charges for abuse of office, relating to his ‘Narducci Trail’ investigations.

This is more chest-thumping babble by the crackpot Jay. Dr Mignini rarely even talks to the media and he is regarded by good reporters as especially careful with the truth. The Italian justice system is not only one of the world’s most careful and most pro-victim-rights, it is very popular and trusted in Italy second only to the President who is also the Justice System’s top dog.

Dr Mignini’s past caseload as a prosecutor was quite mundane as Kermit’s meticulous and powerful Powerpoint showed. Perugia and its region of Umbria are among the most prosperous and least crime-ridden in Italy toward which the very popular Dr Mignini contributed a great deal over the years.

Dr Mignini rose to his present seniority of Deputy Prosecutor-General in Umbria because on his merits he consistently excelled. He is often on national TV (among other things ridiculing conspiracy theories and the too-ready blaming of crimes on satanism) and has high-level professional friends and supporters throughout Italy, not least in Florence where he has known senior colleagues since law-school.   

Mignini and his colleague Michele Giutarri had both been indicted after Mignini had Mario Spezi arrested and briefly imprisoned, in connection with the Monster of Florence crimes. Spezi was released just three weeks later, after an intense media campaign by his writing partner the American author Douglas Preston.

But rather than back off of his satanic sect Narducci trail investigations, Mignini instead plowed ahead with still more satanic sect cases. At the time of the Kercher murder, Mignini had a case unravelling in Florence against a pharmacist and friend of Spezi’s named Francesco Calamandrei.

When the Calamandrei case was dismissed in 2008, Mignini pressed his next ‘satanic sect’ case against the 20 innocent people in Florence, including Spezi and members of the Narducci family. Mignini had also tried at first to link the Kercher murder to “rites related to Halloween”.... It is these two convictions, these two false convictions, which the Italian judiciary is in my view trying so desperately to protect.

More chest-thumping babble by the crackpot Jay. The vast majority of Italians believe the truth of the Monster of Florence case is as set out in the exceptional book Il Mostro by Michele Giuttari in which there really was and is a shadowy group. It was for proving this that a desperate Florence prosecutor took Mignini and Giuttari to court.

We have shown repeatedly that the fading fiction-writer Preston often does not tell the truth. After his near-arrest for falsifying evidence to seek to make Spezi and himself world-famous for “solving” the MOF case,  Preston took off out of Italy like a terrified rabbit and has tried to prove he actually has a backbone ever since.

Italians know that in his one brief formal interview with Dr Mignini Preston melted down. He blubbered and wailed while he lied and lied, and was considered so incompetent and naive he might as well be given a break.

Here from a public document arguing for custody of Mario Spezi (the “brains” of the two, if that is not a stretch) is a conversation between the publicity-hungry Inspector Clouseaus (through public sources we have also obtained the tapes) thinking here that they have made the cops look like foolish dupes:

[The word “passeggiata” (leisure walk) in the context of these statements makes little sense literally; in fact, it is a code word by which both Spezi and Preston mean the police visit to Villa Bibbiani that Spezi and Zaccaria are plotting to trigger by way of a letter they wrote reporting false incriminating testimony, and by way of which they expect the police to find the false pieces of evidence contained in six boxes that they are going to place in the villa. Preston is aware of this intended fraud, and he is happy about it, because he presumably expects that from such an operation their “Sardinian track” theory would gain visibility as a media scoop and he and Spezi would become world-famous from it, sell a lot of books, and make a lot of money out of it. So “passeggiata” is really the police eating their bait, going there, and finding their forged false evidence in the house.]

In conversation n. 17077 of Feb. 18. 2006, PRESTON calls Mr. SPEZI, who informs him, expressing satisfaction:

“We have done everything.. I mean… we went and we did it…  you know my telephone is ugly [sic]…”

and Mr. PRESTON, still in a chummy and allusive tone:

“Oh yes, I understand perfectly, yes, hey… the… the… the ‘passeggiata’ isn’t that… isn’t that… we have …  someone has done the ‘passeggiata’?”

and the journalist pointed out, interspersing that with chuckles of satisfaction: “No, no, no, but… they are going to do it!!”

and Mr. PRESTON: “Yes, yes… but… isn’t that interesting wow….”

and Mr. SPEZI: “…. We told them to do it !”

At PRESTON’s question about when they would be going to do the ‘passeggiata’, SPEZI answers: “Well… I don’t know but I hope soon” and at a further question by PRESTON, he says: “In.. within.. within the 24th”

SPEZI again answers: “I hope yes”, laughing.

Then, Mr. Preston adds: “It’s fantastic!... Oh the end maybe, I don’t know but…”

and Mr. SPEZI: “That would be beautiful!” still sniggering, and Mr. PRESTON agrees enthusiastically.

After his charging, in conversation n. 17231, Mr. PRESTON calls SPEZI and tells him that they need to speak about it in person.

The criminal operation stands out even more egregiously in conversation n. 16950 of February 13. 2006, between Mr. SPEZI, the deviser of the plot, and his right hand man Nando Zaccaria; and when RUOCCO gives Mr. SPEZI “information” about the name of the person who allegedly attended the villa, Mr. SPEZI himself calls Mr. ZACCARIA, and, while making him understand that Mr. Gianfranco Bernabei had already been contacted and the report-complaint had been given to him, he adds: “So he called me.. not him Gianfranco… the other guy, we have an appointment at 2:30pm, because he knew about the name”; and ZACCARIA cries out: “Beautifullllll!” with satisfaction.

In conversation n. 17095 of February 19. 2006, Mr. SPEZI calls Mr. ZACCARIA again and urges him to explain him (to the Flying Squad chief) thoroughly about the “six small boxes”, that is to convince him that the objects are related to the murders. Mr. ZACCARIA tells him that he already explained it to the other guy and says: “If they go there they must look very well.. at everything…”, and Mr. SPEZI: “What I mean to say… if he finds a hairpin this doesn’t mean anything to him…”, making him understand that he will need to “work” him out.

Mr. ZACCARIA adds in the end: “Then I told him, well while we go… when it’s… when you are going… he says anyway he advises us”. Mr. SPEZI says he agrees and Mr. ZACCARIA reassures him saying he [Bernabei] doesn’t know anything about the case and never dealt with it, then he complains about that the nowadays officers are incapable of doing their job. Thus the chief of the Flying Squad, Dr. Fillippo Ferri, will need to be led by “malicious” Mr. ZACCARIA. Then Mr. SPEZI asks Mr. ZACCARIA to advise him when he goes there (to the Villa). Anyway we remand to the unequivocal content of the conversation, at pages 6, 7 and 8 of request n. 114/06 G.I.De.S.

Back to analysing more from the crackpot Jay.

And Mignini, by continuing to file ‘Narducci trail’ cases, and invoking the same ‘satanic sect’ conspiracy theory, was holding the judiciary hostage to his unprincipled career ambitions.  The challenge Mignini presented to the Italian judiciary, was how to stop Mignini’s witch hunt of innocent citizens, without also discrediting the ‘satanic sect’ convictions of Vanni and Lotti in the Monster of Florence cases.

The task of acting as a kind of judicial baby-sitter to Mignini, fell to Judge Paolo Micheli [who] presided over Rudy Guede’s fast track trial in 2008 – which was also the pre-trial hearing against Amanda Knox and Raffaelle Sollecito, to certify the case against them as warranting a full trial. The challenge for Judge Micheli, was to walk Mignini back from the edge, but without so completely devastating Mignini’s reputation, that the public might begin to question the validity of the satanic sect theory which had been used in the convictions in the Monster of Florence murders.

This is 180 degrees wrong. Judge Micheli is believed to have been leaned on but ultimately the courts at all levels came round to confirming that Dr Mignini had no choice but to act and he acted quite right. The notion of a satanic sect goes way back and Dr Mignini was more doubtful about it than most.

Judge Micheli’s ruling was scathingly overturned by Cassation, and some of the cases against malicious meddlers were resumed. Spezi has been in court after court - just a couple of weeks ago, he lost yet another defamation case brought by Michele Giuttari.

But Judge Micheli allowed Mignini’s case against Knox and Sollecito to go forward to trial. Had Judge Micheli simply done his job, properly heard and investigated Mignini’s case, the only fair outcome would be full dismissal. What Mignini has pulled off is a kind of blackmail. Mignini wanted his promotion at all costs, and was willing to convict and imprison dozens of innocent people to get his way. Amanda and Raffaele are only two of Mignini’s more recent victims, but there are scores of damaged lives left behind in the wake of Mignini’s lust for career advancement.

The crackpot Jay has defamed American prosecutors too? Probably not. Typical of the cowardly Mellas-Fischer gang he writes in English in the United States in a language and from a distance which makes him feel safe. Dr Mignini has zero record of overzealous or wrongful prosecution, and very, very few cases reversed on appeal, and nobody at all in Italy would buy this defamatory crap.

After Michelli dismissed the case against the Florence 20 in 2010, Judge Hellman’s appeal court fully acquitted Amanda Knox and Raffaelle Sollecito for any involvement if the murder of Meredith Kercher in October of 2011.

Hello?! Hellman’s verdict was ANNULED for terrible law, and for illegally trying to repeat the complete trial (absent the witnesses, who he ridiculed) instead of sticking to the few points that had been appealed. Cassation annuls very, very few cases, and reversing this corrupted overstretch was universally seen in Italian law circles as right.

Extraordinarily, Judge Micheli waited over one year to release his motivation report, only doing so about two months after the Hellman court released its motivation report in favor of acquittal. Motivation reports in Italy, are normally due in 90 days. I believe Judge Micheli’s delay in releasing his motivation report, was to allow him the opportunity to conform his report to that of Judge Hellman.

Good grief. What is the crackpot Jay on about here? Judge Micheli was leaned on, and he knew he had got the law wrong, and he presumably expected to be overturned - which Cassation very scathingly did. No wonder his homework was not handed in on time; he feared losing his job and serving time.

The Narducci trail case of the Florence 20, was sent back down absent the element of criminal conspiracy among the defendants. In essence, the case was rigged for dismissal, a fact confirmed by Michele Giutarri in a magazine interview earlier this year. Whereas the case against Ms Knox and Mr Sollecito was rigged for conviction.

A previous cassation ruling against Rudy Guede in his fast track process where Guede’s defense waived the right to challenge the evidence, determined that Guede had killed Meredith along with others. Cassation ruled that Knox and Sollecito’s trials should be bound by that finding, which is grossly and patently unfair.

There was nothing unfair. This is a foolish meme. Cassation simply ruled that two others had been involved and that had been proved. It was proved in the 1/4 of the trial that was held behind closed doors where two recreations connected all the dots of the vicious 15-minute taunting attack on Meredith. Both defenses without argument accepted this.

As irrational as the cassation ruling overturning the Hellman acquittal may seem, there may be a deeper reason behind it. In an article from CBS news earlier this year, Doug Longhini writes: “Following the verdict, judge Hellmann didn’t pull punches.  He declared: “the evidence was nonsense.”  Suddenly, several prosecutors and judges became the targets of criticism claiming they had mishandled the case from the beginning.” ...

For his part, Berlusconi and his party were at war with Italy’s prosecutors and judges.  The Prime Minister was trying to reign in their investigative powers.  Prosecutors, for their part, were trying to put Berlusconi in jail.”  Seen in this light, the court of cassation reversing the acquittal of judge Hellman is not an act of judicial wisdom, but one of self preservation. To avert a political investigation among their own members, Italy’s court of cassation had to reverse Judge Hellman’s acquittal.

The addled Doug Longhini is consistently out to lunch both on the excellent Italian system and the Perugia case as have been the entire CBS team - no wonder they have said very little for several years.

The courts at all points have simply done the right thing and public opinion has been very solidly behind them. Almost every Italian knows that RS and AK carried out the attack. The courts are not in self-preservation and charges against the toothless Berlusconi still stand.

One can sense the political pendulum swinging first in favor of conviction, then back towards acquittal, then back again towards conviction. And events that unfolded just this year, cause me to believe that the Italian judicial-political pendulum is once again swinging back in favor of acquittal. Giuliano Mignini has received his promotion. In his new role, he will never again prosecute a case or lead an investigation, he is only allowed to sit with other judges on appeals courts. So the judiciary can be confidant there will be no more Mignini led witch hunts.

Only recently in the past few weeks, the last of the criminal charges against Mignini have been allowed to languish, due to statute of limitations. So Mignini is out of legal jeopardy.  Despite the fact that the only trial on the merits resulted in a conviction and jail sentences for both Mignini and Giutarri, neither will be going to jail, or being held accountable for the crimes they were found to have committed at their first level trial. In the end, it may be said that the Italian judiciary found it easier to promote Mignini, then to jail him

More babble. Dr Mignini was NEVER in legal jeopardy as everyone in Perugia knew - a judge had signed the wiretap of the prosecutor who unwittingly confirmed a Florence cabal and Dr Mignini and his boss and all his colleagues KNEW he would overturn the spurious conviction on appeal.

Dr Mignini did overturn the verdict in Florence on appeal - the appeal judge’s ruling was the hardest-line “there is no case” - and as with ex-Judge Hellmann, both the rogue prosecutor and the rogue trial judge are now out.

Dr Mignini commendably kept pushing back and he won and won and won against the malicious meddlers in the MOF case. On 3 December the great reporter Andrea Vogt posted this:

Those following the side trials that have spun off or become entangled in the Amanda Knox trial might be interested to know that the now infamous and often-cited abuse of office investigation against Perugia prosecutor Giuliano Mignini, which once made such big headlines in the U.S. and UK media, has officially resulted in no charges, and the investigation has been closed.

An initial conviction stemming from 2006 wiretaps and the Monster of Florence investigation was overturned and annulled in Florence on appeal [in 2011]. The court ordered that the case be transferred to Turin for any future investigation. Earlier this year he was acquitted of nearly all the accusations.  The Turin court on Tuesday chose to shelve the last remaining question regarding the wiretapping of a La Stampa journalist earlier this week, ruling it was time barred.

The court’s ruling finally settles the long debated question of Mignini’s record: He has no abuse of office conviction, and there is no longer any active investigation into such allegations.

The other protagonist, Mario Spezi, on the other hand, still has quite a few problems on his hands. His 2006 arrest eventually resulted in the high court (cassation) ruling No. 865/2013 deeming that the following crimes occurred: aggravated interfering with public investigation from Febuary 2004 to summer 2006, aggravated attempted judicial fraud between February and May 2004 and aggravated slander and defamation for naming Antonio Vinci as linked to the Monster of Florence homicides in 2006.

For this last charge, Spezi could be held liable in civil court. But he will never be sentenced for any of these crimes, because after the cassation sent it back down for trial at the appeal level, the appeals court in Perugia shelved the case, ruling that the statute of limitations had passed for any further prosecution. And once again, true justice grinds to a halt, caught up in the gears of Italy’s slow and messy system.

In the meantime, Spezi’s faulty thesis on the Monster of Florence case has landed him in court in several other jurisdictions, where ex-Florence homicide cop Michele Giuttari has been pressing forward with slander and defamation charges related to accusations made about him in his now discredited Monster of Florence yarn that Spezi and his American co-author, Douglas Preston made into a bestseller, pinning the blame on an innocent man in the process. [Bold added here]

And so the plot thickens.  Giuliano Mignini was made into a convenient media villain when a high-profile American was being tried across the courtroom from him . . . on trumped up allegations that have since fallen unceremoniously to the wayside. Amanda Knox and Raffaele Sollecito, who Mignini initially prosecuted, await the decision of their final appeal before the court of cassation in March 2015.

Back to analysing more from the crackpot Jay.

In short and to sum things up: Mignini has gotten his promotion which he valued above the liberty of the innocent; Mignini’s Narducci Trail investigations are over for good; the Monster of Florence convictions against Vanni and Lotti claiming their participation in a non-existent satanic sect are safely in the past; and the war between the Italian judiciary and Burlesconi is in a state of a truce.

For all of these reasons, I believe the pendulum of Italian politics has again swung in the direction of acquittal, and the Italian judiciary is once again in a position to finally recognize, and exonerate, Amanda Knox and Raffaelle Sollecito.

It may be a good idea for the crackpot Jay to not hold his breath on this. Cassation and the Florence appeal court have been the most hardline on this. And it was Judge Matteini with the police not Dr Mignini who drove the case forward in 2007 and 2008. As explained above, Dr Mignini had almost no guiding hand, and on 17 December 2007 gave Knox a real break. A shot to get herself off - which she herself tanked.

Prior to that long conversation with Knox on 17 December at her request, where Dr Mignini played eminently fair and she had to be stopped as she was incriminating herself, they had barely spoken any words. Once briefly at the house on the day of the crime, once briefly when Knox was shown the knives, and once briefly when Dr Mignini presided over the reading of her rights on 6 Nov. That was it. From the post directly below, see also this:

In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.

As explained near the top here, from 7 November it was Judge Matteini and Judge Ricciarelli, not Dr Mignini, in the saddle, and they got all of their information directly from the police. Prior to the Guede and Knox/Sollecito trials Dr Mignini did not guide the process, impossible though that seems for the Mellas/Fischer crackpots to believe.

These facts, and in conjunction with the ECHR soon to take up the conviction of Ms. Knox for Calumnia in the European Court of Human Rights, provides the Italian Court of Cassation, in March of 2015 when they hear the appeal from conviction of Knox and Sollecito, with the opportunity and incentive to quietly discharge the case, and reinstate the verdict of Judge Hellman, finding that Knox and Sollecito are innocent of any involvement in the murder of Meredith Kercher, and innocent of the crime of ‘staging a crime scene’ because the crime does not exist.

Reinstate Judge Hellmann?! He is being investigated for his suspect role in bending the 2011 appeal right now! Again, it may be a good idea for the crackpot Jay to not hold his breath on this.

The appeal to the ECHR in Strasbourg is dead in the water because Knox herself made up all the claims of the supposed violations of her human rights. She has ZERO case. Read this series here.

By the way, for his wild defamations and his contempt of court, Crackpot Jay opens himself to the exact-same charges Knox and Sollecito and Knox’s parents and Sforza all still face. 


Thursday, December 18, 2014

The Dangers Of Not Extraditing Convicted Felons Labeled An Explosive Threat To Other People

Posted by Peter Quennell



Above: Sydney moslems leaving wreaths- for the non-moslems killed

1. Lessons From Australia

It looks like several Australian judges may have wrecked their careers for allowing Man Haron Monis to be at large even though police said he should be denied bail.

Man Haron Monis was the former Iranian who took 17 hostages in downtown Sydney and caused the death of two others and himself. Coming to light is how many times previously the Australian justice system had treated him with kid gloves for major crimes.

Reporting from NBC:

Iran tried to extradite the gunman behind Sydney’s deadly hostage crisis years ago, Tehran’s top cop said, amid questions over how the self-styled cleric had found his way to Australia but not onto a watch list…

Monis grew up in Iran as Mohammad Hassan Manteghi. In 1996, he established a travel agency, but took his clients’ money and fled, Iran’s police chief, Gen. Ismail Ahmadi Moghaddam, told the country’s official IRNA news agency Tuesday.

Australia accepted him as a refugee around that time. The police chief said Iran tried to have Monis extradited from Australia in 2000, but that it didn’t happen because Iran and Australia don’t have an extradition agreement.

Australia’s Prime Minister Tony Abbott said he wanted to know how Monis had been granted permanent residency and why he had been receiving welfare benefits for years, despite being able-bodied “if not necessarily of sound mind.”

Monis had a gun licence, a rarity in Australia - and he walked free after being charged for writing letters of hate to families of dead Australian soldiers, and for having a hand in the killing of his wife.


2. The Relevance Of This To Knox

Regardless of extradition treaty situations, countries almost universally extradite convicted murderers. They dont want dangerous people to have another chance to cause deadly havoc in their own midst.

Knox is already a felon for life. If Knox is confirmed guilty of murder next March she will be a DANGEROUS felon for life.

The Italian-US extradition treaty gives a US judge no wiggle room other than to check if the paperwork is in order and then send her on her way.

But another bent judge could again throw a spanner in the works.

How dangerous is Knox?  Our psychologists generally think that, untreated,  she is not good news. Not a latent serial killer, or one who sits around and plots, but one who could again explosively hit back when she imagines or exaggerates slights.

More than anyone in Perugia, Meredith tried to get along with Knox. But Knox showed no sign of a learning curve. The very heavy drug use went on, the sleeping with a drug dealer went on, the dirtiness and laziness around the house went on, and the noisy sex episodes with strangers through paper-thin walls went on.

She really was the housemate from hell.

For a month or two after Meredith died, Knox was highly erratic about her role in that death, and showed an extreme eagerness to talk with the prosecution which resulted in the long session with Dr Mignini on 17 Dec.

In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.

In her book, Knox describes how the family and lawyers worked hard on Knox to destroy all elements of trust. By the summer of 2008 she was in a mood of full-blown paranoid mistrust, and all chances of a lesser charge were gone.

At trial in 2009 Knox was daffy and uncomprehending, making irrelevant interventions and really shooting herself in the foot when she took the stand. Raffaele Sollecito and Patrick Lumumba, almost the last two in Perugia to still give her the time of day, both said she was very odd.

Knox was mentally tested in Capanne Prison and apparently scored high on the psychopathic chart. The four courts hardest on Knox all knew this - the Matteini court, the Ricciarelli court, Cassation, and the Nencini court - which was a major reason why Cassation did not allow bail in April 2008.

Assuming she killed once, in what was an exceptionally barbaric attack, Knox may or may not kill again. She is certainly inciting or condoning a massive amount of dangerous hate toward Meredith’s family and toward the Italian officials of the court.

One unhinged attack has already occured - that of the disturbed Michele Moore against Dr Mignini in the Perugia court - and the British resident David Anderson has screamed at meetings and runs an incessant campaign to stir up hate. Court officials have received messages of hate, and there is a small mountain of false and dangerous accusations against them on the web.

Left untreated and unpunished, a convicted but not extradited Knox would be a killer walking loose on American streets and could continue to condone or incite violence for the rest of her life.

If Knox killed and remains loose, could she kill again or cause others to kill? Any extradition judge needs to ask as the Australian judges did not:

Do we REALLY want to find out?















Tuesday, December 16, 2014

The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholdered Knox

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right. We have been demonstrating the rock-solid evidence against the Knox versions and there will be more evidence to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

3. Sollecito’s appeal to the Supreme Court

In Knox Interrogation Hoax #16 we described the fourth pre-trial hurdle Knox failed to make. That was her appeal to the Supreme Court against the Matteini and Ricciarelli rulings that much evidence pointed to her and for the safety of others she needed to be kept locked up.

Knox hadnt really lifted a finger to deflect suspicion away from Sollecito and the same thing applied in reverse from 2007 right through to 2014 with the one bizarre exception of Sollecito’s book.

Catnip kindly provided this translation below of Cassation’s ruling on Sollecito’s appeal in April 2008 that much evidence pointed to him too and for the safety of others he also needed to be kept locked up.

If Sollecito had not fingered Knox at his own interrogation on 5-6 November 2007 which set her fireworks off, here was his second chance after his memo to Judge Matteini to set things straight and get her off the hook. 

So did he? No. He again left Knox dangling in the wind. 

Summary: Held: the decision to continue pre-trial prison detention for the suspect was reasonable.

THE REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
SECTION 1 CRIMINAL DIVISION

Comprised of the most Honourable Justices:
Dr Torquato GEMELLI - President -
Dr Emilio Giovanni GIRONI - Member -
Dr Maria Cristina SIOTTO - Member -
Dr Umberto ZAMPETTI - Member -
Dr Margherita CASSANO - Member -

have pronounced the following

JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).

REASONS FOR THE DECISION

The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery – in the kitchen of his house – of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

– reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

– absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

– arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

– inexistent evidential value of the phases relative to the discovery of the body;

– absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

– absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

– irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

– interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

– attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

– insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

– missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

THE APPEAL IS UNFOUNDED

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 – coincident with P’s visit – who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told ‘a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, – which would narrowly evaluate as innocuous youthful stereotypes –, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.
Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008


Thursday, December 11, 2014

Even More Reasons Why NOBODY In Italy Now Is Claiming Innocence Of RS And AK

Posted by Peter Quennell




1. The Knox-Sollecito State Of Play

On average we get an email or two from readers in Italy every day.

Maybe half are from Italians and half are from foreigners who are resident there. This is from an appreciative American who is married to an Italian and now lives in Milan.

I go back to Perugia and my friends there as often as I can - everything there is very special to me. Perhaps this sounds a little strange but, to me, the city seems to have lost it’s innocence with Meredith’s murder. I still haven’t met anybody in Italy - from North to South (or from Switzerland either) who believes that Amanda Knox and Raffaele Sollecito are innocent.

No-one in Italy any longer seems to believe that AK and RS or of course Guede were not involved. The courts have made their case.

There has simply been too much documentation, too much commentary broadcast on TV, too many disturbing facts coming to light like Knox having sex for drugs with a drug kingpin right up to the night of her arrest.

The incessant bickering of the two has become a bore. Trials against Sforza, Aviello, and Sollecito proceed and more charges against Amanda Knox and Curt and Edda Mellas remain.  Since this time last year neither of the two has won even one point.

2. More Proof Undermines The Guede Hoax

Can you figure out what the image at the top depicts?

This is the north end of the massif from the east. Right at the center is the law office of Dr Paolo Brocchi, whose office was burgled and whose laptop turned up in the possession of Rudy Guede in Milan. Meredith’s house is visible at top-right and Patrick’s bar, the English girl’s house and the courts are all off to the left.

At the bottom of the image below in the center is a narrow dark ally. Whoever broke in seems to have done so via that ally and a narrow balcony on the second floor of the law offices. 






The killer-groupies refer to Rudy Guede as the FORGOTTEN killer though there is no logical reason why. He doesnt hog the limelight but he is convicted and he is doing his time.

The killer-groupies claim Guede was a drug dealer (untrue), a petty thief (unproven), a knife wielder (untrue), who threatened a man (untrue), a police snitch (untrue) who killed Meredith alone during a burglary which went wrong (untrue). Quite a list of false claims. 

There is in fact zero evidence proving Guede acted alone. Meredith’s missing money was equivalent to money Knox could not explain.  Read the 45 posts here for all the proof the killer-groupies ignore.

Absolutely key to the verdict of the trial court were the TWO recreations of the attack on Meredith. Each pointed to three attackers. Both were presented in closed court. 

Please follow the images below to see how a burglar broke into Dr Brocchi’s office two and a half weeks before Meredith was killed.

The front door of the law office is at street level. Because the ground slopes down at the rear, the law office is one level above ground level. That is where the glass in the French doors was broken and the break-in may have occurred. 




Above and below: images of law office at the street level from the front,






Whether it was Guede or not (there are good reasons for thinking it was not) he or she broke in around the back, up that alley, in the dark, where there is a quite easy reach up to the floor of a narrow balcony outside the French doors.



Above and below, law office from back, balcony is at hard left not visible here





Above and below, law office from back, balcony is visible one floor up from ground level





Above law office from back, balcony is visible one floor up from ground level



What does that climb resemble? See the final image below. It fairly precisely resembles the climb in the dark onto Meredith’s balcony, also at the back, a route which two separate sets of burglars used in 2009.

It does NOT resemble at all the climb into Filomena’s room, much higher, in bright light, which to this day not one person has been able to emulate, and which would actually resemble a climb to the office windows at the front in bright streetlight . 

Those who claim that climbing into Filomena’s window was anyone’s known “modus operandi” are not telling the truth.




Above, Meredith’s house from the east with balcony used by burglars at the back


There were no fingerprints in the office and to this day nobody can say for certain what the burglary was really about.

Only that certain legal papers had been accessed and it is held probable in Perugia that someone was trying to interfere with a legal case. Two other offices at the back were bypassed. 

Neither Dr Brocchi nor Ms Maria Del Prato who encountered Guede in her nursery school in Milan pressed charges against him for assault or theft. Their testimonies at trial were low-key and puzzling but certainly did not leave Guede in a worse light. Neither had an axe to grind with him.

So the Milan police and courts finally acted against Guede merely for being in possession of a couple of items of stolen property. Nothing more.

If Guede had no already been convicted he would have served no prison time.

But as we recently reported he gets an additional 16 months in prison and his work-release is denied.  Guede’s final appeal to Cassation has just been turned down.

The killer-groupies should move along. Demonizing Guede with false claims and lying to justice departments (their new angle) will never ensure Knox remains free.

Posted on 12/11/14 at 11:52 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Italian justice v othersOfficially involvedDiversion efforts byKnox's bookSollecito's bookThe many hoaxesItalian justice hoaxThe Guede hoaxRudy Guede
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Tuesday, December 09, 2014

The Victim As Seen Through The Eyes Of A Past Abuser: Insights From Dr Sam Vaknin

Posted by James Raper




1. Overview Of This Post

My past posts here have been from the perspective of a lawyer, commenting on aggregations of evidence and how justice systems perform.

If there are to be any gains at all from this sad affair, both wider understanding of policework and law and also wider understanding of the relervant psychology should definitely be among those gains.

I dont have formal qualifications or expertise in psychology but several years ago I drafted a post on the psychology of perpetrators and then shelved it as it seemed then that our knowledge of the sciences and the perps in this case were both still lacking.

This is the post revisited, modified and upgraded to contribute to all the new knowledge we have been acquiring.

I want to concentrate on the work of Dr Sam Vaknin and especially his respected book Malignant Self Love (see Amazon reader rating below) which has helped many to understand why some people inflict pain.

2. Essentials Of Dr Vaknin

It transpires that in fact he also has no academic qualification (or anything approaching it) in psychology.  Indeed he is a colourful, controversial character and, it seems, an inveterate self publicist. Rather like, say, Hampikian? Aha.

There is a Wiki page on Vaknin. He has twice been diagnosed with Narcissistic Personality Disorder and has also been found to be borderline schizoid.  He has accepted the diagnosis.

Who better, however, to write on the subject of narcissism than someone who has both extensively done the research and himself been the subject of an accepted diagnosis? His output has been enormous.

In any event his book gave me what I have considered to be helpful (if not authorative) conceptual and investigatory tools or windows on the subject and I have found these to be invaluable.

So this post concerns narcissism in its many forms and consists of direct quotes from “Malignant Self Love“ with my own observations and some tentative conclusions. However (and given that I am just an amateur), I have to leave it to the reader to draw his/her own conclusions.




3. Insights For Our Case

Primary Narcissism

“Primary Narcissism, in psychology, is a defence mechanism, common in the formative years”

Pathological Narcissism

“Secondary or Pathological Narcissism is a pattern of thinking and behaving in adolescence and adulthood, which involves infatuation and obsession with one’s self to the exclusion of others. It manifests in the chronic pursuit of personal gratification and attention (narcissistic supply), in social dominance and personal ambition, bragging, insensitivity to others, lack of empathy and/or excessive dependence on others to meet his/her responsibilities in daily living and thinking.”

We do not know as much as we should know about Amanda’s childhood and adolescence. Unfortunately much of what we are told comes from partial observers which provides a picture of relative normality. This contrasts sharply with the picture as it unfolds once Amanda leaves Seattle. Immediately we see an Amanda in chronic pursuit of personal gratification and attention (sex and drugs etc), freed from what may have been excessive dependence on her parents. Not uncommon with adolescents but the word “chronic” does seem an apt part of the picture.

Amanda does not like not being the centre of attention. Witnesses report that when conversation leaves her in the background she starts singing loudly in protest.

The constant strumming of the same chord on her guitar to annoy others (again when she is being ignored) is another comically classic case of narcissistic supply.

She also knew (insensitively) how to make Meredith feel awkward, even humiliated “Me and Giacomo get on really well …. But I’ll let you have him”.

When things start to go wrong with her narcissistic self image she retreats into a dependency on Raffaele, - quite excessive in it’s intensity, - and the relationship is belatedly paraded at the cottage in what may have been an attempt to re-establish, if not social dominance, at least social equality.

The phone calls to mother when the postal police arrive at the cottage can be interpreted (amongst other things) as a need to re-establish a dependency, or mutual dependency, to see her through the uncertain events ahead.

Pathological Narcissism is at the core of Narcissistic Personality Disorder.

“Research shows that most narcissists are born into dysfunctional families. Such families are characterised by massive denials, both internal (“you do not have a real problem, you are only pretending”) and external (“you must never tell the secrets of the family to anyone”). These families may encourage excellence, but only as a means to a narcissistic end. The parents are usually themselves needy, emotionally immature, and narcissistic and thus unable to recognise or respect the child’s emerging boundaries and emotional needs”.

“Pathological narcissism wears many forms;

  • classic or malignant narcissism

  • appropriative (e.g histrionic)

  • schizoid, and

  • aggressive destructive”

The foregoing forms are arbitrary categories, helpful to investigative analysis. As with all psychology the labels that are used describe mental conditions inferred from behaviour and language.

The foregoing forms of pathological narcissism represent solutions, adopted by the subject, to the ongoing gap between fantasy/the false self, and reality/the true self. They are not, as categories, mutually exclusive but can overlap as circumstances dictate.



Above: an online poster for one of Dr Vaknin’s recent presentations

(1) The Classic Narcissistic Solution

“This dissonance - the gap between grandiose fantasy and frustrating reality - gives rise to the unconscious “decision” to go on living in the world of fantasy, grandiosity and entitlement.”

“Thus the true self is replaced by the false self.”

“The Schizotypal Personality Disorder largely belongs here because of it’s emphasis on fantastical and magical thinking. The Borderline Personality Disorder is a case of a failed narcissistic solution. In BPD the patient is aware that the solution is failing. This becomes a source of separation anxiety (fear of abandonment). This generates identity disturbance, suicidal ideation and action, chronic feelings of emptiness, rage attacks and transient paranoid ideation”.

The Schizotypal PD is a mixture of Schizoid and Narcissistic Solutions. Amanda, for me, is not schizoid but I think her use of drugs, and an ego in free fall, tipped her behaviour into the schizotypal, if that is not a contradiction in terms.

Of more interest is Borderline Personality Disorder as I believe her behaviour in the lead up to Meredith’s murder is indicative of a case of failing narcissistic solution.

I think that Amanda’s perceptions were that she had little in common with Filomena and Lauretta, that she was probably regarded as little more than “trash” by the boys downstairs, and that she was “dumped” by Meredith on Halloween night. She perceived that Meredith was clearly now preferring her english friends to her, and furthermore was very likely going to supplant her at Le Chic. There was no one to reinforce her (deteriorating) self image/false self other than Raffaelle and the manipulated Rudy.

Bringing Raffaelle to the cottage on the morning of the 1st November was probably in part an attempt to establish some social dominance (or at least equality)  vis a vis Meredith but perhaps also in part an attempt at a sort of peace offering, both of which seem to have backfired. Meredith spent much if not all of the morning in bed and then was off again to see her friends. It is perfectly possible that whilst Meredith was no doubt polite she pretty much ignored the two of them. Again Amanda may have felt demeaned.

I do not know what Raffaele actually told her about his mother’s death. There is some suspicion that it may have been suicide and he may have told her that. In any event she talks of “her suicide” and the thought of that may have affected Amanda though there seems to be nothing to suggest that Amanda herself has ever thought of suicide.

I am also interested in Amanda’s “fascination” with Harry Potter. The boy who as a child survives a murderous attack on his parents by an evil wizard and is “marked” (like Cain) but who discovers his own magical powers with which to confront the evil wizard. The fascination even extends to picking a boyfriend who looked like the actor who plays the hero in the films and she even claims to have been reading a Harry Potter book on the evening of Meredith’s murder. These are elements of fantasy, grandiosity and entitlement to reinforce the False Self.

“Narcissistic rage is not specifically a reaction to stress - it is a reaction to a personal slight, insult, criticism or disagreement. It is intense and disproportional to “the offence””.

(2)  The Appropriation Solution

“This is the appropriation of someone else’s self in order to fill the vacuum left by the absence of a functioning Ego.”

““Appropriators” misjudge the intimacy of their relationships and the degree of commitment involved, they are easily suggestible and their whole personality seems to shift and fluctuate with input from the outside.”

Here I am thinking again of the brief intensity of her relationship with Raffaele.

I am also thinking of Amanda’s ability to change her persona like a chameleon (from the little girl lost routine, to earnest and sympathetic co-operation, to help me if you please charm). This is a skill derived from somewhere.

Meredith’s murder is the ultimate appropriation of another’s self.

(3) The Aggressive Destructive Solution

“These people suffer from hypochondriasis, depression, suicidal ideation, dysphoria, compulsions and obsessions and other expression of internalised or transformed aggression directed at a self which is perceived to be inadequate, guilty or disappointing. Many narcissistic elements are present in exaggerated form. Undulating self esteem is transferred into impulsiveness and failure to plan ahead.”

A sexual humiliation of Meredith may have been pre-conceived as an act of revenge when she was at a low and feeling inadequate and this may have temporarily raised her self esteem as a consequence but quite obviously without any planning ahead as to the consequences.

Impulsive behaviour is common to the above categories and the misuse of alcohol and drugs is common.

Psychopathologies ( in adolescence and adulthood)

“Psychopathologies are adaptive mechanisms”.

“The (narcissistic) mechanism is three-phased:-

(1) The person encounters an obstacle

(2) The person regresses to the infantile narcissistic phase

(3) Thus recuperated, the person confronts the obstacle again.”

Vaknin terms this mechanism The Psychopathological Default; a perfectly natural mechanism and being the only option an individual - even a perfectly rational, balanced,  and mature individual - has when confronted with some personal trauma or major life crisis with which he can not cope. The Pathological Narcissist will have the Default pre-set at a lower threshold to address any attack on the False Self.

“While in step (2), the person develops childish, immature behaviours. He feels that he is omnipotent and misjudges his powers and the might of the opposition. He underestimates challenges facing him and pretends to be “Mr Know All”. His sensitivity to the needs and emotions of others and his ability to empathise with them deteriorates sharply. He is pre-occupied with fantastic, magical thinking and daydreaming”

Perhaps here we can consider Amanda’s behaviour at the police station. The forthcoming questioning and the actual questioning being seen as obstacles to be encountered. There are the cartwheels and splits, the behaviour with Raffaelle and the appallingly insensitive remarks about Meredith and her death in front of M’s friends. The overconfidence under questioning suddenly breaks down and all too rapidly becomes the dreamlike incident at the cottage with Lumumba attacking Meredith.

“Whenever we experience a major life crisis (which hinders our personal growth and threatens it) - we suffer from a mild and transient form of Narcissistic Personality Disorder“…..(but)….“the contrast between the fantastic world (temporarily) occupied by the individual and the real world in which he keeps being frustrated, is too acute to countenance for long without a resulting deformity”.




4. Some Tentative Conclusions

The defining attribute of the psychopath is that he has no moral conscience and he is highly skilled at fooling people and carrying off the appearance of being perfectly normal.

Amanda, by contrast it seems, only fools those who are easily fooled and furthermore, particularly because of what she says and does, merely draws attention and suspicion to herself.

In nearly all her statements, verbal or written, Amanda has had two different narratives before her. One narrative is the true version (the obstacle) and the other is the false version (the way through or around).

She has struggled to cope with the narratives when she is subjected to examination. The result has been the lying and the spider’s web of confusion and deceit, and the childlike, sympathy-seeking, performances to which we have become accustomed.

This is the narcissistic psychological default. Since being suspected of and charged with Meredith’s murder Amanda has been stuck in the default position because this time the obstacle - the evidence -  has always been in her way and, until the court case has final closure, will continue to be in the public domain and in her way. In this context the default position became critical and primal with the accusation of Patrick Lumumba and has continued playing out, but with some modification since her release from prison, ever since.

Since her release from prison her life has been organised for her in a manner that ensures that she receives the constant ameliorating narcissistic supply that is required to sustain her ego, in this case the False Self, and this has partially empowered and enabled her. It has come in the form of the publication of her “Memoir”, and interviews on TV. In the public domain she is a celebrity, even if that book and the TV appearances were not the success for which she and her managers would have wished.

She has also had narcissistic supply from (as might be expected) her family and close friends, but also from those outsiders in the PR campaign devoted to “demonstrating” her innocence. Vaknin talks of “inverted narcissists” - those whose egos obtain sustenance from providing the “supply” the narcissist feeds on. Or, as we put it in this case as regards the outsiders, white knights charging to the rescue of a damsel in distress.

Both the narcissist and the inverted narcissist have an unhealthy symbiotic relationship with each other.

I think that psychologically it will, without help, be impossible for Amanda to tell us about her involvement in Meredith’s murder. Incarceration would be preferable to a public demolition of her False Self.

I do believe that she is at least a pathological narcissist and as such has Narcissistic Personality Disorder. Her condition at the time of Meredith’s murder was probably exacerbated by alcohol, drugs and an ego which was in free fall. At the same time her False Self probably tipped sharply towards the Aggressive Destructive Solution.

“Narcissistic rage is not specifically a reaction to stress - it is a reaction to a personal slight, insult, criticism or disagreement. It is intense and disproportional to “the offence””.

On the night of Meredith’s death, as a result of some event, or something said, or as the culmination of a series of events, (in which she had colluded - or which, far more likely,  she had instigated), and probably as a result of all three happening,  Amanda may well have flown in to an uncontrollable rage at the cottage. That would fit with a Narcissistic Personality Disorder.

Posted on 12/09/14 at 07:58 PM by James Raper. Click screenname for a list of all main posts, at top left.
Archived in Crime hypothesesThe psychologyPondering motive
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Friday, December 05, 2014

Boiling Frustration Leads Many To Kill: The Possible Parallels Of The Lord Lucan Case

Posted by Odysseus




1. Introduction

End of one’s tether: thoughts on humiliation, crises and the wounded ego.

Out-of-control anger and violence may be an offloading of the violence experienced in traumatic births and violent and abusive pregnancies. Whatever we may think of this, people’s anger has deep roots and a current conflict is usually a trigger for a reservoir of buried emotion to surface.

It’s a perpetual battle for the ego to stay in control in the face of unconscious emotions that threaten its precarious existence. When the emotions are threateningly close to the surface it can seem that one’s very identity is at stake, and social humiliation close at hand.








Above: Lord Lucan when he was young (and first diagnosed) and getting married

2. Case Of Lord Lucan

John Bingham, the 7th Earl of Lucan, is generally believed to have bludgeoned the family nanny to death in Belgravia, London, 1974, probably mistaking her for his wife in the dark.

Those with deeply suppressed emotions are more-or-less unwittingly engaged in a life-long battle to keep the feelings from arising into consciousness. Thus for example they can be driven to activities that require intense mental concentration e.g.,  in Lucan’s case,  bobsleigh and powerboat racing, and high stakes gambling on games that require skill (as distinct from those of pure chance) which helps keep emotions suppressed, or to drug taking which can perform a similar function.

Lucan’s life in the period leading up to the murder was beginning to unravel and he undoubtedly feared humiliation - a sure sign that the false self is under siege. His financial problems were coming to a head (his gambling losses were said to exceed $10 million) and when a friend suggested filing for bankruptcy he demurred, saying he didn’t want the humiliation.

His wife had also just been awarded custody of the three children following their break up - also humiliating since it was now clear and made public that the court took the view his occupation (professional gambler) made him unsuitable to raise children.

In fact his desire to have custody of the children seems less motivated by his love and concern for them than by the need to keep up the display of the sober, responsible adult when all the evidence and his lifestyle was pointing in the opposite direction -  towards social humiliation.








Lord Lucan with wife and three children and lower floors of his townhouse now


This kind of crisis is more than can be borne by the ego mind. Psychotherapy usually resolves such issues but unfortunately it’s the case that only those who have exhausted ways of denial seek such a route.

Gambler “Lucky Lucan” still thought he had a good hand to play. Murdering his wife would at a stroke (or blow) enable him to sell the family home thus resolving his financial problems and also enabling him to gain custody of the children, restoring his status as a responsible parent.

The parameters of a false self in Lucan’s case were already evident when he was diagnosed as having an attachment disorder on his return to England after wartime evacuation to the U.S in 1939, at four years of age,  though its origins may well lie in a primal, birth or pre-natal experience. From his surviving wife’s website:

“Upon his return from the USA in 1945, the future 7th Earl suffered from emotional problems which caused his parents to seek professional help from a leading psychiatrist of the day — a Dr. Winnicott.

As a result of the consultations the eleven year old boy was given a dog called Deirdre [can we infer from this that his mother chose/named the dog?] in the hope that it might help him overcome these problems. The 7th Earl of Lucan’s emotional problems were never fully resolved and he continued to suffer frequent headaches, nightmares and insomnia throughout our life together…”

After the bludgeoning Lord Lucan disappeared, leaving a borrowed Ford Corsair with bloodstains and what appeared a duplicate weapon (a length of pipe with the same kind of tape around one end to hold it firm) at a port on England’s south coast, and has never for sure been seen again.








The murdered nanny Sandra Rivett and a car similar to that found on the south coast


Ripple effects in this case have gone on and on. Havoc was wrought on so many lives.

The wife and three small children struggled terribly with poverty and the psychological impact. They have all fallen apart and apparently don’t talk, all with theories of their own.

The nanny Sandra Rivett (image above) appears to have been the mother to two babies she gave away who grew up to be quite startled to find who they were.

Books and artilces continue to be written and a TV movie was made. And a reporter who pursued the notion that Lord Lucan’s rich and powerful gambling friends helped in his escape was hounded in court. 

3. Case Of Amanda Knox

It seems likely that humiliation was a major factor in the events leading up to the murder of Meredith. TJMK has carried various posts summarising why so many suspect this.

It would have been undoubtedly humiliating for Knox to find that her housemate Meredith was more popular with, and attractive to, both men and women in their social circle, as well as being more mature, intelligent and just more present than her (i.e. less driven to desperately act out unconscious emotions).

Then to cap it all off, on Halloween Knox found herself left out of the group that partied till the early hours. Plus of course there was the looming humiliation of Meredith taking over her job at the Le Chic. Was her money also running out? If so the loss of a job, however small, would be threatening, and she might well have anticipated the humiliation of asking her parents for a loan or of returning home before the end of her course.

So it seems that the stage was set for the night of the “prank” when the plan (if that’s the right word. Jokey impulse, more likely) was for Meredith to find out just what it’s like to feel humiliated. And the prank got out of control, as pranks often can when drugs and/or alcohol are involved.

Again the origin of Knox’s suppressed emotion and false self construction might lie in her parent’s explosive separation or earlier in primal events. In either case she was probably destined to become a suitable (but unfortunately not an actual) case for treatment.

Knox’s narcissism has of course been much discussed. At bottom narcissism is an inability to just be, in the present. An inability to stay with one’s core self (Jung’s “The Self”). The narcissist’s attention is constantly directed to how they look to the world, from the outside, not on how the world appears to them from the inside looking out. They are really not fully born, literally and metaphorically.




Above Italian master Caravaggio’s version of Narcissus staring at his image in a pond


Knox was apparently given to loudly strumming a single chord on a guitar when she was in a group and insufficient attention was directed her way i.e. when suppressed negative emotions surrounding being wanted and needed were threatening to come into awareness.

With the group of friends gathered at the police station in Perugia it seems on the one hand she wanted to impress the others with her inside knowledge of the victim’s wounds but on the other hand she had to keep a lid on it in case it became obvious she knew too much.

This dilemma (a perennial one probably for those criminals who are unconsciously driven to seek attention) no doubt led to the weird acrobatics and gymnastics (the police had to tell her it wasn’t appropriate) as a way of acting out and relieving the tension.

Her relatives of course are quick to dismiss all this as “Amanda being Amanda” (i.e. “quirky”), to which the proper reply could be “so she always acts like this whenever she’s in a dilemma and trying to cover something up,  does she?”


Below Knox thrilled with herself at her 2009 trial in the notorious “all you need is love” teeshirt

Posted on 12/05/14 at 11:08 PM by Odysseus. Click screenname for a list of all main posts, at top left.
Archived in Crime hypothesesThe psychologyPondering motiveOther legal processesOthers elsewhere
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Friday, November 28, 2014

The PMF/TJMK Master Evidence List: First Of Our Projects To Make The Final Picture Whole

Posted by The TJMK Main Posters



High-achiever Meredith Kercher was born less than one mile south of this famous London landmark


There are really three pictures, not just the one, still to be fully made whole.

  • That of Meredith. We believe a family site will soon add to the fine book published by Meredith’s dad.

  • That of all of the evidence the court acquired in 2009, which is the sole picture the Italian citizenry takes seriously.

  • That of the misleading campaign by the Knox and Sollecito PR shills, leaving some in the UK and US misled.

The Master Evidence List is a key part of the second picture and there are several other media-friendly pages still to come.

The new page is here and it can also be permanently accessed via the new button in our column to the left.

Many posters on the two PMF websites and on TJMK helped to create the master list, which is divided into 25 areas with links in the column to the right.

To aid in emailing and tweeting the new page, it not only has its own address, also each of the 25 evidence areas also has its own separate address.

Much appreciation to those who built this list.


Monday, November 24, 2014

Italian Media Spotlighting The Perversion Of Killer Groupies Of Alleged Murderer Of 38 Patients

Posted by Peter Quennell


1. Alleged Nurse-Killer Attracting Deviant Males

Convicted killers and alleged killers facing trial often attract deviant support with sexual undertones.

Why the case of Nurse Daniela Poggiali, arrested a month ago in north Italy, is capturing so much attention is not only the seeming extent of her crimes - some 38 patients in her care died mysteriously - or her bizarre selfies exulting over one dead patent.

It is also the astonishing volume and and rabid lust of the fanmail now arriving at the place where she is awaiting trial, and the increasing numbers of Italian killer groupies emerging online and jostling to head her parade, Italian Knox groupies such as Luca Cheli maybe among them.

Here is a UK report and a translated Italian-media report will follow.

Italian nurse who took photos of herself with patients she had murdered is flooded with fan mail in prison – including marriage proposals

An Italian nurse who took photos of herself with dead patients she had murdered is being flooded with fan letters from male admirers, including some containing marriage proposals.

Daniela Poggiali, 42, from the town of Lugo, in the Emilia-Romagna Region of central Italy, was arrested after police investigating the mysterious death of a 78-year-old patient stumbled upon 38 other unexplained deaths on her shifts.

Rosa Calderoni, 78, was admitted with a routine illness but died after being injected with high levels of potassium - the compound used in lethal injection executions in the U.S.

Nurse Daniela Poggiali from Lugo, in central Italy, has been sent fan mail and wedding proposals while she awaits trial in relation to 38 unexplained deaths on her shifts

Further investigations revealed that over a three month period, 38 out of 86 patients under Poggiali’s care at the Umberto I hospital in Lugo had all died mysteriously.

Now awaiting trial at a prison in Forli, a city in central Italy, Poggiali is being inundated with fan mail from admirers calling her ‘good looking’.  A prison spokesman said: ‘Over the last few weeks since she was placed here there has been a steady stream of letters from males.

‘Most of them say how pretty and good looking they think she is, and one or two have even contained proposals of marriage.’ Prison officials said Poggiali has received a steady stream of letters from men calling her ‘good looking’

According to investigators the nurse had found the dead patients ‘annoying’ or that they had ‘pushy relatives’. During their investigations they discovered pictures of Poggiali grinning alongside the dead bodies.

The lead magistrate investigating the case, Alessandro Mancini said: ‘We believe she is sound of mind, but simply took satisfaction, and real pleasure in killing.

‘The photos reveal an unbearable cruelty that I have not seen in 30 years on the job.’

A spokesman from the hospital where she worked said: ‘She always came across as being a very cold person. ‘But she also used her charms to flirt with male doctors if she thought she could get favours from them.’

Poggiali has denied killing any patients and says she is being framed by jealous colleagues.


2. Killer-Groupies Get More Media & Research Attention

The growing fear in justice circles is that killer groupies are helping to elevate murder rates.

They are certainly elevating anger levels, and making potential killers feel competitive and jealous of the media coverage of others. They are damaging professional careers and sparking death threats, making law-abiding people more distrustful, making police-work and convictions more difficult, and distracting hard-pressed politicians and populations from looming world-wide problems.

All of which comes at a high cost and puts all of us in a great deal more danger. So the spotlight upon killer groupies is intensifying. Here is one media report.

A look inside the bizarre world of serial killer groupies

If you type the phrase “serial killer addresses” into an Internet search engine, you’ll get some disturbing results.

A number of websites list the prison addresses of convicted killers, and police investigators told FOX 12 there are plenty of people — serial killer groupies — writing to convicted serial killers.

Portland police homicide detective Jim Lawrence said he once investigated a Portland man who corresponded with two convicted serial murderers.

Lawrence showed FOX 12 some of the correspondence, including a letter he said the Portland man wrote to serial killer Douglas Daniel Clark.

Clark and a partner were known as “Sunset Strip Killers.”

The pair were convicted for a series of killings in Los Angeles. The letter to Clark included an illustration of a hand with the phrase,  ”Who knows what these hands will do, what they’ll do 20 years from now.” 

“He really seemed to put a kind of hero worship behind this serial killer, and it was a kind of morbid fascination,” Lawrence said.

Lawrence also showed FOX 12 violent artwork the man received from serial killer Ottis Toole, convicted of killing six people in Florida in the 1980s. Police believe Toole also killed 6-year-old Adam Walsh in 1981. The sketch depicts a decapitated head.

Criminal psychologist Dr. Frank Colistro said serial killers often radiate a perverse charisma that groupies find attractive.

“A lot of them get caught up in the drama that’s associated with these people forever,” Colistro explained.

And the list is long for love behind bars, for killers who’ve been married in prison.

I-5 killer Randy Woodfield, who was convicted for murder and attempted murder and suspected in dozens of other crimes in the early 1980s, has been hitched twice at the Oregon State Penitentiary.

Charles Manson, Ted Bundy and Scott Peterson all have had loyal female followers.

“The Night Stalker” Richard Ramirez, convicted of 13 brutal murders in California in the 1980s, had groupies who called themselves, ‘the women in black,’ who attended his trial.

“You do get a lot of inadequate, insecure women,” Colistro said. “In a sense, they’re the perfect boyfriend, the perfect husband. In a sense, you can do a relationship light, so to speak.”

Then there are groupies who want to befriend the notorious. Lawrence said some write to convicted killers for profit, to potentially sell the letters online. He said others have a bizarre admiration for the killers.

Lawrence said he interviewed the Portland man who wrote the detailed, expletive-filled letters after out-of-state police discovered the man’s relationship with killer Ottis Toole.

“So they contacted us and I had a little chat with him,” he said.

He said it turned out the man was trying to get letters and artwork from Toole to sell online.

Colistro, however, said there are some people hoping to become copycats.

“They’ll study the M-O of the offender and they’ll start to duplicate it,” he said.

Posted on 11/24/14 at 07:21 AM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Crime hypothesesThe psychologyDiversion efforts byThe Knox-MellasesThe SollecitosThe wider contextsItalian context
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Tuesday, November 18, 2014

The Knox Interrogation Hoax #16: The Fourth Pre-Trial Opportunity Which Knox Flunked

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right. We have been demonstrating the rock-solid evidence against the Knox versions and there will be more evidence to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

As you will have seen in previous posts, Knox’s team pussyfooted about without conviction in the few brief instances when the 5-6 November session was discussed. In the Mignini hearing of 17 December 2007 they eventually advised her it would be in her best interests to shut up.

This post covers the third hurdle, specifically why in April 2008 the First Criminal Section of the Supreme Court ruled that for reasons of evidence and psychology Knox and Sollecito should remain locked up and the judicial process against them should go forward. Shown in bold are:

(1) the defense appeal against the use of Knox’s 5-6 November statements framing Lumumba (reason given was ONLY no lawyer being present - a need which Knox herself had shrugged off when she herself insisted on writing the 1:45 and 5:45 and noon statements out) and there is zero mention of abuse;

(2) Cassation’s reasoning why the first 2 Knox statements (the 1:45 and 5:45) can indeed be used, in the “sub-trial” addressing the calunnia against Patrick, and the third (scribbled around noon) can be used in the main trial. No mention of “illegal” which the Knox shills often claim Cassation ruled. 

3. Catnip’s New Translation Of Cassation’s Report

The Judgment

REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
FIRST CRIMINAL DIVISION

Comprised of the Most Honorable Justices
Dr Torquato GEMELLI – President
Dr Emilio Giovanni GIRONI – Member
Dr Maria Cristina SIOTTO – Member
Dr Umberto Zampetti – Member
Dr Margherita CASSANO – Member

has pronounced the following

JUDGMENT

on the appeal lodged by AMK born on X

against the Order of 30/11/2007 Liberty Tribunal of Perugia

having heard the relation [legal analysis] made by the Counsellor [Judge] Margherita Cassano

having heard the conclusions of the Prosecutor-General Dr S Consolo who has prayed the rejection of the appeal

HAVING FOUND IN FACT

1. With the order of 30 November 2007 the Perugia Court, as constituted under Article 309 Criminal Procedure Code, rejected the submission to review lodged by AMK and, as a consequence, confirmed the precautionary prison custody measures disposed in her matter on the 9th November 2007 by the GIP of the same Court in relation to the offences of aggravated wilful homicide in company and in sexual assault by a group, committed on the day of 1 November 2007 against MSCK.

2. According to the reconstruction put forward by the judges of merit, on the 2nd November 2007, around 12:35, the State Police, to whom had been signalled the discovery in the garden of a house of two mobile phones, both resulting to be in the service of the American [sic] citizen MSCK, intervened at an apartment in Via della Pergola in use by Ms K and AMK and two Italian women. At the place were found AMK and her boyfriend RS, the which declared they were expecting the arrival of the Carabinieri, called by them after having discovered that the window of one of the rooms of the habitation presented with broken glass.

The crime scene inspection immediately carried out inside the apartment led to the discovery in the bedroom occupied by Ms K, locked under key, of the body of the woman, which, at the level of the head, was immersed in a lake of blood, was dressed only in two tops pulled above the breast and was covered with a blanket. Beneath this latter was found the print of a shoe in haematic material, collected, besides in the room of the offence, also in a small bathroom adjacent to the same. In a second bathroom, used by the two Italian lessees of the apartment, were found faeces and other natural biological residues. The autopsy immediately carried out permitted the establishment of the cause of death, collocatable around 22 hours of the day of 1st November 2007, to have been due to a haemorrhagic shock from vascular lesions to the neck from an edged blade and that the instrument used to restrain her was constituted of a pointed instrument capable of penetration and with a sharpened profile capable of cutting tissue.

The victim’s body did not present unequivocal signs of sexual assault even though there were found things of some medico-legal interest, in the sense of the observed anal dilation of two-three centimetres, the discovery of minute ecchimoses on the posterior part of the anal ring (otherwise compatible with situations of constipation) and, above all, mauvish marks on the inner face of the labia minore, suggestive of a sexual rapport carried out with haste and occurring a little before the death.

3. The Court had found that grave indicia of guilt as against the suspect were constituted by the following elements:

(a) the autopsy results and the medico-legal report;

(b) the discovery of a knife with dimensions of 14cm for the handle and of about 17 for the blade, seized from inside a drawer of cutlery located in the kitchen of the home of S, carrying, on the handle, traces of DNA referable to Ms K and, on the blade, traces of DNA ascribable to the victim;

(c) statements made by persons informed of the facts, FR and LM, housemates of the victim, who without contradiction excluded that the seized knife were part of the their apartment’s endowment and made mention that Ms K, on the day of the fact, was wearing a top, which has not yet been found;

(d) outcome of the technical tests carried out on a pair of shoes, N brand, size 42.5, property of S, evidencing a perfect correspondence between the aforesaid footwear and the print found at the location of the homicide, as well as on the door of the Via della P apartment which did not present signs of forced entry;

(e) results of technical tests carried out on the palm print found on the pillow on which the victim had been placed and resulting as belonging to RHG, a citizen of the Ivory Coast, nicknamed ‘the Baron’, known to AMK;

(f) presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper taken from inside the larger bathroom of the apartment, where faeces had been found, resulting as being from G;

(g) outcome of biological tests carried out on the blood found in the apartment’s small bathroom, in use by the victim and Ms K, which permitted the establishment that to the victim were attributable the bloodstains present on the mat, to Ms K those found on the washbasin, and to both of the women the blood traces found on the bidet;

(h) statements made by the American [sic] citizen RCB, the which, having returned home to her country a few days after the fact, referred to the Authorities that Ms K, while waiting to be interviewed by the Police on the morning of the 2nd November 2007, had told her of having seen M’s body on a wardrobe (or reflected on a wardrobe) with a blanket on top of her and of having seen her friend’s foot after a police officer had opened the door, circumstances conflicting with the modality of intervention at the apartment;

(i) statements made by the friends of MSCK, the which without contradiction said that the woman had spent the afternoon of the 1st November 2007 in their company and had left their house in the company of SP, who, reaching her own domicile in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than 10 minutes’ distance from Via del L;

(l) statements made by FR and PG, contacted by A after ascertaining that the front door of their house was open, that there were blood stains and that the window of MSCK’s room presented with broken glass

(m) statements made by S on the 2nd, 5th and 6th November regarding his movements both alone and with AMK between the day of 1 November 2007 and the following 2 November, in regards to what was found inside the Via della P apartment, to the call for help to law enforcement, not to mention the reference to the search for strong emotion contained in various of his writings posted on his blog;

(n) statements made on 6 November 2007 at 1:45 by Ms K which indicated L, entranced by M, as the author of the murder after a sexual relation with the victim;

(o) spontaneous statements made by Ms K on 6 November 2007 at 5:45 from which it emerged that L and M had gone to her room, that, at a certain point, M had started to scream, such that A, so as not to hear, had put her hands on her ears, that maybe S was also present in the house;

(p) contents of the account written by Ms K which repeated having heard M scream, to having removed herself into the kitchen and of having blocked her ears with her hands so as not to hear her friend’s scream and of having seen blood on S’s hand during the dinner that had taken place around 23:00 hours on the day of 1 November 2007 in S’s apartment;

(q) contents of a recorded conversation in prison on 17 November 2007 relating to a discussion between Ms K and her parents in the course of which the woman, amongst other things, said “It’s stupid, because I can’t say anything different, I was there and I can’t lie about this, there is no reason to do it”;

(r) tests carried out on the computer and on the mobile phone used by S, from which it emerged that, contrary to the defensive stance of the suspect, his computer had not been used during the night and had been activated only at 5:32 on 2 November 2007 and that, likewise, his mobile phone also had been off during the night and had been first used at dawn on 2 November 2007.

The Re-examination judges concluded recognizing, for continuing the precautionary custody measure, the continuance of all the typologies of precautionary requirements mentioned under Article 274 Criminal Procedure Code.

4. Against the cited order there has been submitted an appeal to Cassation, through her lawyers, by AMK, the which, also by means of a defence memorandum, alleges:

(a) violation of Article 309 paragraph five Criminal Procedure Code with reference to the omitted transmission to the Re-examination Court of the statements made by the suspect RHG arrested in Germany in the execution of a European Arrest Warrant, constituting, contrary to what was adopted by the Re-examination Court, an element favourable to the suspect, relevant for the indication of the author of the offence, identified as an individual of the male gender and, contrary to what as held by the Court, fully usable, given the basis of their acquisition into evidence under Articles 22 and 28 of the law on international judicial representation in criminal matters of 23 December 1982;

(b) Violation of Article 250 paragraph seven, and 357 paragraph two, Criminal Procedure Code, being placed at the foundation of the custody order and of the subsequent provisioning by the Re-examination Court, which indicative elements, the statements made by Ms K on 6 November at 1:45, without defence safeguards, the “spontaneous statements” made at the time of 5:45 hours, are not classifiable as such, given the procedural status invested on her in the meantime, all acts fully non-usable inasmuch acquired in patent violation of Article 63 Criminal Procedure Code;

(c) Violation of law, deficiency and manifest lack of logic in the reasoning with reference to the picture of circumstantial gravity, having regard: (a) to the personality of the suspect, a young foreigner with unblemished record, with a perception of reality altered by cannabis use, a substance which also may have been influencing her excessive and dreamlike behaviours; (b) to the seriously lacunose character of the translation of passages of the suspect’s hand-written account, analysed in a partial manner; (c) to the not unambiguous reading of the contents of the recorded conversation of 17 November 2007 between the suspect and her parents in prison; (d) to the non-probative nature of the DNA traces found on the seized knife, of the suspect’s blood stains on the mat and basin in the small bathroom of the apartment occupied by, amongst others, the victim and Ms K;

(d) Lack and manifest illogicality in the reasoning with reference to the considered circumstantial value, as against the suspect, of the results of tests carried out on the vaginal swab and on the knife in custody, with an un-reasoned devaluation of the considerations put forward by the defence;

(e) lack and manifest illogicality of the reasoning, distortion of the fact with reference to the considered presence of the suspect on the location of the fact and to her contribution purportedly made to the consummation of the offence;

(f) violation of law, deficiency and illogicality of reasoning as to the configurability of the precautionary requirements, given: (1) the absence of a specific danger in evidentiary acquisition even in the light of investigative developments which have evidenced Ms K’s extraneity to the commission of the offence and have allowed the acquisition of statements by fellow-suspect G; (2) the lack of an objective risk of flight in the light of international cooperation between Italy and the USA which would permit, once the suspect’s responsibility has been definitively ascertained, full judicial cooperation; (3) the lack of danger of repetition of the offences.

Observes as of law.
The Appeal Is Unfounded.

1. With reference to the deduced violation of Article 308 paragraph five for omitted transmission to the Re-examination Court of elements appearing favourable to the person placed under investigation (in the type of statements made by G to the German Judicial Authority in the ambit of European Arrest Warrant procedure), this Bench observes as follows.

For “elements in favour of the person placed under investigation” must be understood to mean those objective results, of probative value, suitable for being of positive influence in the evaluative complex of the custody picture (Cass., Sez. IV, 22 giugno 2005, rv. 231749) and in the concrete usable for exculpating the suspect (Cass., Sez. I, 26 settembre 2000, Corrente, rv. 217611) and not information that resolves itself into mere reformulations of the prosecutorial hypothesis or in the advancing of alternative hypotheses (Cass., Sez. Un. 26 settembre 2000, Mennuni).

In line with this interpretative stage there are to be excluded from the enumerated elements appearing favourable and as a consequence obligated to be transmitted to the Re-examination Court, under Article 309 paragraph five Criminal Procedure Code, statements made, as in the case under examination, in the ambit of an extradition procedure against the fellow-suspect who limits himself to giving his own defensive version and to affirm his own extraneity to the facts, without however releasing the other accused subjects from the same crime. It is, therefore, under this profile that the defence petition does not merit granting, it is rejected, rather, by the Re-examination Court on the basis of the erroneous assumption that RHG’s statements were unusable through omission with respect to due process, in reality assured by the German Judicial Authority, which – in conformity with the principles contained in the decision-framework of the Council of Ministers of the Union of 13 June 2002, relating to European arrest warrants and the handover procedure between member States (2002/584/GAI) – have, amongst other things, pre-emptively made the suspect informed: (1) of the European arrest warrant and its contents, even to the ends of allowing him to consent, if necessary, to the handover; (2) of the right to legal and interpretive assistance during the procedure.

2. With reference to the second appeal ground by the defence, the Court observes that circumstantial statements are characterized by a different usability regime under a subjective aspect. In the case in which these originate from a person against whom there already is sustained circumstantial evidence as regards the same crime, that is to a crime connected with or tied to the one attributed to a third party, the same cannot be used not only against themselves, but neither in relation to co-accused in the same crime (or of those accused of connected or related crimes).

The regime of absolute unusability under Article 63 paragraph two Criminal Procedure Code is, instead, to be excluded in the case in which the declarant, whether called to respond, in the same or another matter, for a crime or for crimes attributed to others, which have no procedural ties with the one for which they are being proceeded against, with respect to which the person assumes the character of witness.

In fact, in the first case, due to the close connection and interdependence between the fact itself and the other one, there arises the necessity to also safeguard the declarant’s right to silence; in the second case, the declarant’s extraneity and indifference with respect to the facts in cause renders them immune to possible sanctions carried out by the investigative bodies (Cass., Sez. Un. 13 febbraio 1997, Carpanelli).

On a par with these principles, the statements made by AMK at 1:45 on 6 November 2007, – at the end of which the interview was suspended and the woman was placed at the disposition of the relevant judicial Authority, revealing circumstantial evidence against herself –, are usable only contra alios, while the “spontaneous statements” from 5:45 are not usable, neither against the suspect nor against other subjects accused of participation in the same crime, inasmuch as they were made without due process safeguards by a person who had formally assumed the status of suspect.

On the contrary, the account written in English by Ms K and translated into Italian is fully usable, under Article 237 Criminal Procedure Code, since it is a document originating from the suspect, who had been its spontaneous material author for a defence purpose. The disposition under examination allows attribution of probative relevance to the document not only as regards it and its representative contents, but also in the strength of its particular ties, which tie it to the suspect (or accused), thereby illuminating the review of admissibility which the judge had held to be in operation.

3. The fourth, fifth and sixth grounds of the petition also lack merit. The circumstantial evidence picture specifically concerning AMK is based, in the first place, on the autopsy results, evidencing multiple contusions and ecchimotic areas on various parts of the body (nose, lip, oral cavity, cheek, mandibular and sub-mandibular region, upper and lower limbs, inner face of labia minore, abdomen, dextral latero-cervical region), an ample dilation, in the order of two to three centimetres, of the anal ring with the presence of small ecchimoses, a large wound, disposed obliquely, in the caudal-lateral sense, fully diastased, with sections of underlying tissue right to the cartiliginous layer in the left latero-cervical region, the complete sectioning of the upper right thyroidal artery, the fracture of the hyoid bone in proximity of the left median. The medico-legal tests, carried out after the necroscopic examination of the body of the victim, permitted the confirmation that the cause of death, around 22:00 hours on 1 November 2007, is ascribable to meta-haemorrhagic shock from the vascular lesion on the neck from an edged blade, occasioned by a pointed implement, capable of penetration, and with a sharpened edge able to cut tissues. The anal dilation, the observation of minute ecchimoses on the posterior part of the anal ring and, above all, the mauvish marks on the inner face of the labia minore, are suggestive of a sexual rapport carried out hastily, before the victim had had time to produce adequate lubrication, occurring in a time period proximate to that of the observation, but in any case before death, by reason of the ecchimotic lesions and their colour.

The impugned provision highlights that the complex of these medico-legal conclusions assumes a particular evidential value, in the event that place in correlation with other elements: (a) the statements made by the friends of MSCK, who without contradiction stated that the woman had spent the evening of [1] November 2007 in their company, had started to dine with them from 18:00 hours onwards and had left the house in company with SP, who, reaching her home in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than ten minutes’ walk from Via del L; (b) the outcome of the search effected at the house of RS, romantically linked to AMK, which permitted the discovery and seizure in the apartment’s kitchen, from the cutlery drawer, of a knife, having an approx. 14cm long blade and 17cm handle. The knife, not forming part of the inventory of the house occupied by AMK, MSCK and two Italian women (cf on the matter, the statements made, as persons informed of the facts, by FR and LM), presented traces of DNA on the handle attributable to AMK and on the blade traces of DNA ascribable to the victim.

Weighing against the suspect, in the opinion of the judges, there are, in addition, even in their mutability, statements by RS, who, after firstly having claimed to have remained home all evening and night with his girlfriend, stated, afterwards (cf. Interviews of 5 and 6 November 2007) that, at a certain time, Ms K had left and had come back to his house at only around one in the morning.

The judges of merit have underlined the strict correlation found between the interviews given by S on 5 and 6 November 2007, and the following further elements: (a) statements made by citizen RCB, who, returning to her country of origin, referred to the relevant Authorities the confidence received on 2 November 2007 from AMK regarding the position of the victim’s body and its condition, circumstances that, contrary to the stance of the suspect, she could not have been able to perceive on the occasion of the intervention by the police at the apartment, an intervention that unfolded in a way irreconcilable with the version furnished by Ms K to the friend; (b) statements made by persons informed of the facts FR and LM, who said that Ms K, the day of the fact, was wearing a top, which has not been found since.

The impugned provision, with logically reasoned argumentation, observes that the content of these declarative acts appears even more significant when evaluated also in the light of the written account produced by the suspect, containing relevant references to M’s scream on the night of the fact, to her reactions, consisting of huddling in the kitchen with her hands over her ears, to the presence of a man, to traces of blood noted by her on RS’s hand during the dinner that took placed at 23:00 on 1 November 2007.

Under the same lens appearing imbued with unequivocal circumstantial value is the contents of the recording, effected on 17 November 2007 inside the prison where Ms K found herself restricted to and between the woman and her parents, in the course of which there was pronounced by the accused the following words: “It’s stupid, because I cannot say anything else, I was there and I cannot lie about this, there is no reason to do so”;

These elements must, in their turn, be inserted into a larger circumstantial evidence context, cross-correlated by the identification of a print left in haematic matter present on the scene of the crime from a sports shoe, held to be compatible, by its dimensions and configuration of the sole, with the type of footwear brand “N” used by the suspect and by the failure of the alibi put forward by the young man, being demolished by the technical investigations that were carried out, by which, as he asserted, he had interacted with his computer in the hours in which, according the medico-legal reconstruction, the criminal fact would have occurred, just as also remained demolished that the young man had received a phone call from his father at 23:00, it resulting, instead, said call had occurred at 20:40.

From the same perspective, light has been shone, with precise and logical reasoning, on the circumstance that in the course of the evening of 1 November 2007, almost at the same time, telephonic traffic for AMK and RS ceased, after the latter had received a call on his mobile phone from his father at 20:40, of which reference has been made earlier and, in addition, that S, contrary to what was by him stated, did not spend the night of 1 and 2 November 2007 sleeping, it having been ascertained that the computer and mobile phone at his disposal were reactivated at dawn on 2 November 2007.

The judgment reasons, further, on the concourse aspect of the consummation of the homicide and sexual assault, on the basis: (1) of the outcome of the technical tests carried out on the palm print found on the pillow on which the victim had been placed, and it results as belonging to RHG, known to AMK; (b) of the presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper collected from inside the larger bathroom in the apartment, where there had been found faeces, resulting to have been G’s; (c) of the outcome of biological tests carried out on the blood found in the smaller bathroom of the apartment in use by the victim and by Ms K, which permitted the finding that the blood stains on the mat were referable to the victim, those found on the basin to Ms K, and to both the women the blood traces found in the bidet.

The Court, with thorough and logical reasoning, has illustrated, with full reference to the factual circumstances – inasmuch such are unreviewable in this seat of legitimacy – the reasons for the attribution of pregnant circumstantial value to the elements above recalled, proving the presence on the scene of the consummation of the homicide and sexual assault of AMK, RS, RHG (these last two both known to Ms K), has explained, with articulate and logically correct reasoning, the reasons for which they cannot find agreement with the defence deductions in terms of erroneous interpretation and reading of the recorded conversation of 17 November 2007, of the account written by Ms K on 6 November 2007, of the results of biological and medico-legal tests, of the unreliability of the technical investigations carried out on the computer and mobile phone belonging to S, and has at length examined, including in the light of aspects formulated by the defence, the entire case file, explaining the reasons of its unequivocal value.

So, the argumentative development of the judgment reasoning is founded on a coherent critical analysis of the circumstantial evidence and on its cohesion in an organic interpretative framework, in the light of which the attribution to said elements of the requisite of gravity appears supplied with adequate logical and judicial plausibility, in the sense that they have been considered drivers, with a high level of probability, with respect to the theme of investigations concerning the responsibility, amongst others, of AMK, as to the crimes put against her.

From which, given the evaluation carried out the Re-examination Court on the level of inference of the circumstantial evidence and, therefore, on the more or less demonstrative character of the same in terms of probabilistic qualification of guilt even if not of certainty, it has to be highlighted that the impugned order exceeds the threshold of legitimacy demanded by this Court, whose bench cannot hold itself back from a checking of the respect of rules of logic and of conformity with legal canons which govern the appreciation of grave indicia of guilt, as prescribed by Article 273 Criminal Procedure Code for the ordering of provisions restricting personal liberty, without being able to draw on the intrinsic consistency of the evaluations reserved to the judges of merit.

4. Unfounded, finally, are the censures formulated by AMK’s defence, on the matter of custody requirements, the Re-examination Court having correctly evaluated them, with reference to the parameters to which letters (a), (b), (c) of Article 274 Criminal Procedure Code apply the extreme gravity of the crimes carried out, having had regard to their nature and their method of consummation, the negative personality of the suspect, which emerges from the outcomes of the investigations and from the served case conduct, the specific and binding requirements relevant to the investigations in relation to the clear and present danger for [evidence] acquisition and probative genuineness, considering the necessity for completing the testing and of proceeding with the gathering of other means of declarative proof, the outcome of the handover to Italian authorities, of RHG, as well as allowing corroborations to be made, also permeates the current contrast between the different versions so far furnished of what happened, the clear danger of flight, taking into account the foreign citizenship aspect of the suspect and of the penalty of more than two years’ imprisonment, impacting on the outcome of the recognition of her criminal responsibility.

5. Refusal of the appeal leads in law to the appellant ordered to pay procedural costs.

The Registry will provide for its carrying out as prescribed by Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

FOR THESE REASONS

Rejects the appeal and orders the appellant to pay procedural costs. Disposes transmission via the Registry a copy of the provision to the Director of the penitentiary institution per Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

So decided in Rome, in Chambers, 1 April 2008.

DEPOSITED IN THE REGISTRY 21 APRIL 2008


Saturday, November 15, 2014

The Status Of The Various Computers In The Case #2 New Developments

Posted by Sallyoo





Please first see my previous post and my several updates in the Comments thread.

There has been a new flurry of interest in Raffaele’s computers following the publication, on iip, of a report prepared by Prof. Alfredo Milani. It is available in both in Italian and English, (translation prepared by iip.)

The report isn’t dated, but it was prepared after the Massei report had been published, and it was taken into evidence at the Hellmann appeal. Milani credits another defence computer expert, D’Ambrosio, with a lot of the content.

There have been (to my knowledge) three ‘defence computer expert reports’ prepared. The first, signed by Angelucci in March 2008, is concerned primarily with the damaged hard disks of the Asus of Sollecito, and the computers of Meredith Kercher and Amanda Knox. This report was commissioned by Dalla Vedova and has not (as far as I can determine) ever been taken into evidence, or even mentioned in court.

The salient point in this document is that the data was recovered from the disks of Sollecito’s Asus and Meredith Kercher’s computer.

Then we have D’Ambrosio testifying at Massei (available), accompanied by a report written by D’Ambrosio and Gigli taken into evidence (not available).

At Hellmann we have the Milani report. Raffaele mentions Alfredo Milani in his book as one of his professors.

There isn’t a lot of (strictly computer) information in it which goes beyond D’Ambrosio’s testimony, although the tone is very different. While D’Ambrosio was relatively generous to the police computer analysts, appreciating the procedural retrictions which they worked under, Milani gets close to being offensively insulting to those tehnicians. (Compare with the Conti/Vecchiotti tactics…)

Milani attempts to make us believe that two ‘grave methodological errors’ committed by the postal police have concealed data which would provide an alibi.

Firstly he spends much time outlining the MacOS, in every release, and tells us that because the postal police used an ‘analogous but not identical’ MacBook a tiny difference in the release number of the operating system renders their analysis unreliable. This is impossible to acept for two reasons - firstly that the OS employed resided on the cloned disk from Sollecito’s own MacBook, but more importantly the precise OS release would not affect in any way the reading of the log files.

Secondly, he unwisely reminds us of inodes (log files). These files are regularly archived, in compressed form, and this archive is not overwritten. The archive isn’t very simple for an ordinary user to search, but such a search is certainly within the capabilities of an ‘expert computer consultant’. If Milani had discovered anything - such as a use of the Samba utility via the Asus which would have been recorded - he would have told us about it.

He also includes some gratuitous comments - which are rather fun - so we can move onto those now!

Milani has trawled up a keyboard interaction (on Sollecito’s Mac), at 22.04 on November 5, when he assures us that Sollecito was in the questura. Well, every other piece of evidence has Sollecito not arriving at the questura that evening until at least 22.30 - but Raffaele has always claimed to have been eating with a friend when he received the phone call at 21.30 asking him to attend the questura. Was Sollecito at Riccardo’s? Did he nip home (why) before going to the questura? We shall never know, but Milani has given us reason to speculate.

He also offers us the playlist of the music tracks both listened to and skipped between 05.40 and 06.20 (approx) on the morning of Nov 2 - which for some reason he erroneously asserts that the postal police failed to identify as an interaction. You can form your own opinion on the musical taste of the listeners, Nirvana and Bon Jovi feature.

Additionally we learn that one of the films ‘recently viewed’ was Suicide Club, a Japanese cult movie, which can charitably be described as Extreme Fantasy. We also discover that in the CD drive was music from Blind Guardian - a German heavy metal band who used fiction/fantasy themes in their lyrics. (I am left with the impression that Sollecito and Knox were determined not to live in the real world during this period).

A further couple of snippets, the first from an intercepted conversation in prison between Raffaele, his father and his stepmother, Marisa Papigni:

FS:....have nothing to do with [rude in italian] ... and they understood ... now this morning or Monday there will be also the checking of your computer ... they have already cloned the hard disk .. ”

RS: “… my concern of the computer is basically that if I came ...”

Marisa Papagni: “Hey ... there is a monster on your computer ... there is a monster ... ”

RS: “Forget it ... the fact about the computer is if I have spent much time with Amanda ... there is not all this time I have spent with the computer ...”

FS: “If Amanda was home ... if she was out, wtf were you doing? ... were you at the computer?” .....

And from Honor Bound:

Papà told him about the data from my computer….but still Maori was skeptical. “Why don’t you let me see it?” he asked.

My father didn’t have the data with him, but he said his brother, Giuseppe, could fax it over.



Below: Professor Milani; Perugia University School of Mathematics & Computers


Friday, November 14, 2014

In A New Italy Case Involving A Foreign Student The UK Media Is Not Reporting The Full Facts

Posted by Peter Quennell



Above: Serena Bowes seen taking a selfie

Overview Of The Case

Rape is a devastating crime and if someone DID rape Serena Bowes in Florence he must be put away.

Apart from this the UK media seems to be reporting her claims cautiously and unemotionally. But if they had checked with the Italian police, or even checked out Italian media reports, they would have found that Serena Bowes is leaving out key facts.

The Claims By Serena Bowes

The Daily Telegraph reported what Serena Bowes claims.

The incident unfolded when Miss Bowes, who is in the second year of her fashion course, joined other students on a trip to Florence.

She explained how she and a group of friends had been in a local nightclub when she began chatting to a man.

She alleged that they had been heading to the VIP area when she was guided towards the unisex bathroom where the attack happened.

Miss Bowes alerted staff from Newcastle College who accompanied her to the police station and to the local hospital.

After returning to the UK she attempted to put the incident behind her as no one was charged in relation with the alleged offence.

When she received a letter in Italian from the Florence Police she assumed it was an update on the case, but when she got it translated, was stunned to discover that she herself was facing charges.

She said: “I thought it was done with and I could get on with my life. I didn’t think he was going to get prosecuted so I just wanted to get on with my life but this has brought everything back.

“It doesn’t feel what actually happened is the problem anymore – it feels like that has actually been forgotten about.”

The Daily Mail report additionally added this.

‘I will never go back to Florence because of what happened, never mind going to prison there.  ‘If I receive a prison sentence somewhere between four and 12 years my life will be over.’


Real Facts In Italian Media

The Italian media seems much further down the road and more fully informed.

They have reported the details of the case the police have put before the supervising magistrate, and they have done some poking around of their own.

The police are said to have investigated the allegations very diligently, but so far it is only his story that is holding up and not at all hers. CCTV cameras throughout the club (even apparently in the restroom) show no sign of her fighting off an attack.

He is seen inside and exiting a restroom, but she does not appear to be in that room or at that same door with him. Many staff and customers in the club were interviewed, but none of them seem to have backed up her report.

Medical examinations apparently showed no physical evidence on either of them of an attack.  And DNA swabs apparently showed none of his DNA on her or her DNA on him.

Serene Bowes’s reasons for not going to a mere hearing to explain the question marks above do seem pretty lame. She has placed a big cloud over the guy who she fingered who has been in suspect status ever since.

But now she shrugs off further help to the Italian police to nail him or clear him as being inconvenient or risky merely to her?

“I just wanted to get on with my life.” Where have we heard that before?

Update By Popper On The Rules

Popper in a comment now explains this, which even more suggests that Serene Bowes would be advised to head back to Florence, that the letter she received (still not released) said nothing about 4-12 years, and that foreign press are too gullible or worse.

On the case of Serena, we certainly need more details.  Simulation [of a crime] and calumny [accusing someone you know innocent of having committed a crime] are serious matters.

If she is investigated magistrates have elements that obligated them to inform her of their suspects, it is an act for her protection. If video material exists I fear it must be explicitly against her version, but we do not know enough to be able to give an informed opinion.

Version presented by some UK papers is uninformed and biased, as we have seen often in MK’s case.  Worst of all, it is exaggerated. An investigation is not a conviction, and if I were Serena [and a victim] I would certainly go there with a lawyer and explain the facts to exculpate myself and get the guilty convicted.

In any case, the risk she ends up in jail is quite low.  It is fairly likely that, even if convicted for the above crimes [after a trial and 2 appeals], her sentence will be suspended, if statute of limitations does not kick in first.  It follows that her justification for not going back to explain herself to a judge is ridiculous.

If she is lying and is guilty of simulation and calumny, it will be one of many cases, certainly not a surprise or uncommon.  Unfortunately many crimes are simulated every day, which makes more difficult and expensive the prosecution of real crimes.

Posted on 11/14/14 at 02:21 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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