Saturday, October 10, 2009

Trial: Further Expert Examinations Denied: The Report From Andrea Vogt

Posted by Peter Quennell

Excerpts from the report of Andrea Vogt (above) in the Seattle P-I.

An Italian jury rejected Amanda Knox’s multiple requests for an independent review of contested evidence Friday, bringing the end in sight to the Seattle student’s contentious murder trial….

Lawyers for Knox and Sollecito, asked the court to approve an independent review of several contested pieces of forensic evidence, most notably the kitchen knife with Knox’s DNA on the handle and what prosecutor’s argue is the Kercher’s on the blade, and a bra clasp with Sollecito’s DNA.

Knox’s lawyers also asked for a review of the luminol-enhanced footprints, the mark on the pillowcase that the prosecution argued was a woman’s shoeprint, but which the defense argues is simply a bloody crease, and several other traces of DNA found in the flat Knox and Kercher shared….

The Kercher family’s attorney, Francesco Maresca of Florence, argued, however, that the court already had plenty of material to review. “We all know that in all trials of this nature there are different analyses of forensic evidence made by the various expert witnesses,” he said. “The court must now consider the seriousness and integrity of the experts’ testimony.”

Prosecutor Manuela Comodi went a step farther, saying while she did not believe a review was necessary, she would she would “almost be pleased” to see the results with regard to the prosecution’s footprint expert analysis.

The eight-member jury, which includes two professional judges, flatly rejected all defense requests at 9:30 p.m. after deliberating just under two hours.

Immediately after the judge’s announcement, Sollecito bowed his head and briefly wept, as lawyers began haggling over court dates for closing arguments.

Knox glanced worriedly at her lawyers, who patted her on the back and insisted confidently after the hearing that the outcome was not unexpected, nor necessarily negative for their client…

“This doesn’t change anything,” said Knox’s Perugian attorney, Luciano Ghirga. “We wanted to clarify the evidence, but obviously the judge doesn’t feel he needs additional information. We are ready to argue.”

The judge was careful to note that the jury’s decision did not indicate a presumption of guilt and left open the possibility that the court could call for additional review of evidence after closing arguments and before a verdict.

Nonetheless many court observers expressed surprise at the fact that the jury chose to not review even a single element of the controversial forensic evidence. For Knox, however, the complete rejection of a third-party review could have a silver lining—effectively positioning her better for an eventual appeal.

Our legal watchers doubt the validity of that last remark - that somehow the judges and the jury have messed up here, and that this is a get-out-of-jail-free card for Knox’s and Sollecito’s appeals.

They note that Italy has a “smart jury” system which is encouraged to take a very broad birds-eye view of the case. The multi-alibis testimony and the mobile-phone testimony and the eye-witness testimony and the various mixed-blood traces and the various bloody footprints are considered almost impossible to account for if the defendants are in fact not guilty. The DNA on the knife and the bra-clasp are not make-or-break issues in this case and never were.

The sleeper in this trial of course as in the Rudy Guede trial is the huge and very detailed report that the judges must prepare and release within three months of their verdict. The astounding level of profesionalism of those reports - unique in the law world - leaves American lawyers in real awe.  In the case of Guede, the report by Judge Micheli was absolutely damning.

If the verdict here also is guilty, those unconvinced by that report will probably all fit neatly into one Volkswagen.

Trial: Further Expert Examinations Denied - The Report From Nick Pisa

Posted by Peter Quennell

Excerpts from Nick Pisa’s report in the UK’s Daily Mail.

A judge last night rejected defence requests for an independent review of evidence in the Meredith Kercher murder case.

The decision means that a verdict in the trial will come by early December as an independent review could have taken up to a month delaying the decision….

Yesterday lawyers for Knox and Sollecito argued that the review should be held because of errors in the police investigation and the way evidence was collected.

Key to the case is a 30cm black handled kitchen knife on which DNA from Knox was found on the handle and that of Meredith on the blade.

Prosecutors say the knife, which was found in the kitchen of Sollecito’s flat, is compatible with the murder weapon - which has never been found.

Knox’s lawyer Carlo Della Vedova said that too many discrepancies had emerged in the examination of the knife by forensic scientists….

Sollecito’s lawyers had also asked for a review of a bloodied bra clasp found at the scene which had his DNA on it.

They pointed out that the clasp had been found during an initial police search in one point and then ‘lost’ for six weeks before being found else where in the room….

Prosecutor Giuliano Mignini had argued that: ‘There is no need for a review as the evidence was gathered in a very professional way by qualified persons.’

In his ruling judge Massei said: ‘The court has heard from several consultants who have brought several elements and which rule out the need for any further proof.’...

As the judge read out his decision Knox, who earlier had been laughing and joking with guards, closed her eyes and looked upwards.

Sollecito rubbed his eyes and was in tears as the decision would seem to indicate the court has already made up its mind over their guilt.

Friday, October 09, 2009

Trial: The Agenda For Today’s Evidence Hearing In The Court

Posted by Peter Quennell

Click above for La Nazione’s report in Italian. The translation, with thanks to PMF’s Tiziano

[Today’s] sitting of the trial of RS and AK for the murder of MK before the Court of the Assizes of Perugia , the examination of the witnesses having been completed, will be dedicated to final investigative requests which will be presented by the parties.

This sitting is being prepared for by the prosecution and the defence with the greatest discretion.

However it is taken as given that the lawyers for the accused will ask for an impartial expert report on the DNA traces at the centre of the investigation. The court will begin to examine these requests tomorrow from 3.30 PM. The time to arrive at a verdict will then depend upon the decision, which could arrive on Saturday. The trial could lengthen if in fact expert reports or eventual other witnesses should be be permitted. If this is not so, however, the final phase with closing arguments and addresses will ensue.

The defences for Sollecito and Knox have already announced that they intend to ask for an expert report on the DNA traces found on the bra clasp of the victim, attributed to the young man from Puglia, and on the traces on the blade of the knife, considered to be the weapon used in the crime, which belong to the American and to MK. The lawyers have in fact challenged the means by which the items were collected and the way that they were analysed, advancing the hypothesis of accidental contamination.

Thus [today] a formal request for the expert report should be made, but the possibility of a surprise request is not ruled out. On the other hand, it does not appear that the PMs Manuela Comodi and Giuliano Mignini will be making any particular requests. They have spoken of a “solid prosecution picture” emerging from the witnesses. The lawyers for the civil complainants, the Kercher family, Francesco Maresca and Serena Perna, seem to be following the same line, having highlighted the “quality” of the work done by the investigators.

The court’s decision should be announced tomorrow Saturday.  It can of course turn these requests for more tests down. If that happens, we would see the closing arguments (summations) from the prosecution and defenses and a verdict all happening in the next several weeks.

With the court only in session from mid-afternoon today, we guess if there is any report it will be a late one. The report tomorrow will be the biggie.

Thursday, October 08, 2009

Newsweek’s Barbie Nadeau Has A Really Vital Piece On How The Evidence Stacks Up

Posted by Peter Quennell

And,  in short, it is ominous.

Click above for the full report. This really IS vital reading. A few key excerpts as follows.

Evidence: Rudy Guede

Who it hurts: Knox and Sollecito

Rudy Guede is the 24-year-old Ivory Coast native convicted in a fast-track trial last October for his role in Kercher’s murder. He is serving a 30-year sentence (his appeal begins on Nov. 19). Guede, who refused to testify in the Knox trial, has admitted that he was in the house when Kercher was killed. He says Kercher invited him there and that the two were making out when a stomach cramp from a bad kebab sent him to the bathroom. He was on the toilet with his iPod headphones on through four songs and, when he came out, Kercher was dying. He says he tried to save Kercher by using a towel to sop up the blood on her neck wounds, but he was scared after a man he says looked like Sollecito told him that “they’ll pin this on the black guy.” Guede fled to Germany, where he was later arrested for skipping a train fare. His feces (found in a toilet), along with his DNA and fingerprints from Kercher’s bedroom, link him to the crime scene. The sentencing judge who convicted him, though, did not see him as a lone assailant. Instead, the judge wrote in his sentencing report that he believed Guede acted with Knox and Sollecito.

Evidence: Murder dynamic

Who it hurts: Knox and Sollecito

One of the most complicated aspects of Kercher’s tragic death is how the murder itself played out. The prosecution believes that Knox, Sollecito, and Guede taunted Kercher in a sex game that quickly escalated to violence and ended in murder. Countless forensic experts, including those who performed the autopsies on Kercher’s body, have testified that more than one person killed her based on the size and location of her injuries and the fact that she didn’t fight back””no hair or skin was found under her fingernails. The defense has confused matters more: Knox’s forensic specialist testified that Kercher had been killed by only one person from the front, but Sollecito’s expert testified that Kercher had been killed by one person from behind.

Evidence: Knox’s confession

Who it hurts: Knox

On Nov. 5, 2007, Sollecito was called to the Perugia police station for questioning about Kercher’s murder. Knox testified last June that she did not want to be alone, so she accompanied him. During his interrogation, Sollecito admitted to police that he did not know for sure if Knox actually spent the night of the murder at his house, as she had told police earlier. Since Knox was at the police station, the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m., and, by 5:45 a.m., Knox had told police that she was in the house when Kercher died””and that Patrick Lumumba, the owner of the nightclub where she worked, was the assailant. She even described Kercher’s screams. She, Sollecito, and Lumumba were arrested. The next day, Knox wrote a five-page memorandum reiterating everything she said the night before. But since there was no lawyer present during her interrogation””and so far no one has produced an audiotape of the interrogation””Knox’s attorneys were able to have her verbal confession thrown out of evidence. The five-page memorandum still holds….

Evidence: Conflicting alibis

Who it hurts: Unknown

Knox maintains that she spent the night of Nov. 1, 2007, at Sollecito’s house. Sollecito did not take the stand during this trial, and his lawyer told NEWSWEEK that it was, at least in part, because he could not corroborate Knox’s alibi….

So Sollecito did not take the stand in part because he could not corroborate Knox’s alibi. Wow. That has to hurt.

Very much more in Barbie Nadeau’s original piece.  We recommend that you read it all.

Law Enforcement All Over Italy Demonstrating Over Berlusconi Cutbacks Going Too Far

Posted by Peter Quennell

Prime Minister Berlusconi now has his own huge problems so it seems like a good time to demonstrate.

Many Italian cities have just seen demonstrations by law enforcement and there was a large one in Perugia (not these images here).

Leaderships of the law enforcement unions gathered this morning in front of the Prefecture of Police in Perugia to protest against cuts in public security by the government.

Representatives of SIULP, WIS, SIAP, SILPA, UGL and COISP distributed leaflets to people to explain their difficult position as a result of “the Berlusconi government’s political promises to operators of private security,” the “lack of recruitment to compensate for deficiencies in staffing “, the” non-renewal of contracts that expired up to two years ago” and “the inadequate resources being allocated by the government.”

Despite all this, states the flier given out by the union leaderships, the police have quietly continued to work, and to achieve great successes against the Mafia, terrorism, and “widespread crime’....

The president of Umbria provence, Marco Vinicio Guasticce, spoke up on their behalf. “There can be no safety for the citizens if you cut the organs and means that underlie both the prevention and punishment of crime”.

There seems to be a popular theory not unrelated to the facts in Italy that those politicians who move against the police and judiciary always seem to have a lot to hide.

Not much room these days in the overcrowded and underfunded Capanne prison, Mr Berlusconi. Perhaps pick one of the others.

 

Wednesday, October 07, 2009

And Now An Excellent Report By Andrea Vogt On America-Wide University Reforms

Posted by Peter Quennell

Andrea Vogt posts this important story on the Seattle PI website.

Ever since we posted this excellent analysis last February of Amanda Knox’s extremely unstructured and underfunded arrangements in Perugia (read also the comments), we have been waiting for the University of Washington and others to move to stop it ever happening again.

Finally, it seems, they have.

Mirroring a nationwide trend, the University of Washington is overhauling how its students and professors interface with foreign countries….

The UW study abroad experience today involves much more oversight than it did two years ago when Amanda Knox left on an unsupervised European adventure that quickly degenerated into a nightmare.

When Knox, who is on trial for murder in Italy, left her familiar U-district environs in late summer 2007, she embarked on her own independent study in Umbria with very few guidelines or institutional oversight.

She arrived in the tolerant student melange of Perugia, a vibrant college town with temptation at every turn and many paradoxes (drug deals and party plans are often made on the steps of the cathedral).

A month later, the honor student’s pub-crawling, pot-smoking college shenanigans had taken a very serious turn and she was being hauled off to the Capanne penitentiary, where she remains today, pleading her innocence as the trial and controversial accusations against her plod forward.

Once her troubles began, the university tried to offer support, but had very few official guidelines to follow for responding to the kind of complicated legal-judicial matter Knox faced.

It’s different now….

In the wake of several negative overseas episodes, officials are busy raising awareness about the positive impact the UW is having worldwide and taking steps to improve communications, regulation and emergency preparedness for its students abroad.

Compared with two years ago, international education officials are more closely tracking who, where and what study-abroad programs involve. The university has new rules:. The department chair has to sign off on the program. Insurance is required. So is a cell phone. No program money can be used to buy alcohol, just for starters.

“There’s a much more formal process now,” said Taso Lagos, a UW professor who teaches international communication and manages a study-abroad program in Greece. “With administrators that are very aware, with lines of communication open and policies in place if something happens.”...

The UW’s growing commitment to international education—- even in a budget crisis—is reflected in some developments. [UW Vice Provost for Global Affairs Stephen Hanson] was named a vice provost in January, and in the spring, the UW dedicated an entire wing of the Gerberding Hall administration building to growing an international mission and profile.

This year, a travel security and information officer is coming on board to oversee emergency response and preparedness, as is Peter Moran, a new director of international programs and exchanges who previously worked at the Fulbright Commission office in Katmandu, Nepal.

New guidelines are being put in place to streamline communications, ease financial transactions and institute mandatory training for faculty taking students abroad. The Global Support Project, a rapid-response team with one person from each branch of the central administration, takes on cross-disciplinary international challenges.

Such reforms aren’t unique to UW.

Universities across the country are examining how better to organize study abroad to meet blossoming demand from students (and prospective employers) for foreign experience. Many are turning to independent service providers whose business it is to contract housing, health care or niche risk management services dealing with legal, financial or public relations crises when things go haywire abroad…..

Though the university bore no responsibility for any of the events Knox became entangled in, media across the world continued to mention the University of Washington—whether it was because of character witnesses who were her college buddies, reports of wild off-campus parties Knox attended in Seattle or her studies while in prison.

They really should be given a name. The Meredith Kercher reforms.

Tuesday, October 06, 2009

Seattle: The University Of Washington Area - Where Amanda Knox Lived And Worked

Posted by Peter Quennell

[click for larger image]

Three scenes here that would have been much of the rest of what Amanda Knox saw daily in her second student year before heading for Europe.

The first four shots are of the small house that Knox lived in just north of the university campus and then there are two shots of the neighbors. It is here that an infamous party took place which ended with threats to the neighbors and some rock-throwing, and a summons and fine for Knox. She seemed to take the whole thing very lightly.

The next five shots are of the coffee shop (the World Cup) where Knox waitressed for money for Perugia. It went out of business last year, and is now Tango, a dance studio. This shop is quite near to her house, but the street and the block and the store are all pretty unprepossesing. There is little foot traffic nearby, and low wages and low tips might have contributed to Knox being under-funded in Perugia. .

The final two shots are of the street where, had she waitressed here, Knox could have made some real money. She would know this street for sure. It is just one block west of the main campus.

It is known as the U-Distrct Ave or just The Ave,  and it is full of bookstores and restaurants and clothes stores that cater to U-W students with a little money. The shots were taken late in the day and few students were around, but it is for most fo the year extremely lively.

Shots above and just below: Amanda Knox’s rental house in her second year just north of the university

Two shots below: the street and the neighbors of Knox’s house shown in the shots above

Five shots below: The black windows of a former coffee shop where Amanda Knox waitressed to make money for Perugia

Two shots below: the lively “U-Distrct Ave” which Knox presumably walked, shopped, and ate meals along

Monday, October 05, 2009

Seattle: The University Of Washington’s Surprisingly Pretty Main Campus

Posted by Peter Quennell

[click for larger image]

As we have been showing, this very sad tale is playing out in a number of beautiful locations.

We’ve had many photo spreads on Perugia and various other places in Italy, including where Sollecito came from, and spreads on Meredith’s exiting hometown of London and her spectacular university town of Leeds.

Now we turn to Seattle.

Amanda Knox came from West Seattle, a very large and surprisingly high plateau south-west of the downtown of Seattle, and she studied for two years at this university several miles north-east of the Seattle downtown.

The top shots here are the most significant from Knox’s perspective, for they are the libraries and lecture halls she would have frequented almost daily. The other shots show other departments and some of the attractive landscaping where she might have sat out with friends.

Why surprisingly pretty? Well, this is a publicly funded American university run by the State of Washington and the public universities, while often very good, can be mind-numbingly utilitarian.

This is not a private Ivy League institution like Harvard or Stanford or Princeton or Yale. But it sure looks like one of them.

As always, click for the larger images.

Saturday, September 26, 2009

Trial: Italian-Language Reporting Faster, More Objective Than Worsening Average English-Language

Posted by Peter Quennell

It is no secret that the English-language reporting increasingly seems all over the map these days.

This is being much-discussed behind the scenes, and informed commenters like MacK MacK are being quite open about it. Some English-language reporters seem too anxious to keep on the good side of the FOA while they seem to have no pipeline at all to Meredith’s family, or her friends, or her supporters.

Meanwhile, all of the major TV networks in New York are concluding that the FOA line is basically non-credible and history as far as they are concerned - and that the REAL emerging story is to be Meredith.

We think they have the much smarter take here. A lot more attention needs to be given to Meredith now, and a lot less attention to the highly over-exposed mantras of the FOA.

None of the English-language reporting on the trial today is out yet. But here is some of today’s Italian-language reporting - straight reporting without spin:

1) From TGCOM

The computer consultant appointed by the defense of Sollecito has tried to show that during the time of the death of Meredith Kercher the accused was at his house and was using his laptop to watch a movie on DVD.

Between 9.30 and 11:00 he would have seen a film “The Wonderful World of Amelie” in the company of Amanda Knox. The expert analyzed the computer and the internet data of the young Pugliese.

Next will be heard a computer consultant appointed by the defense of Amanda Knox, who has analyzed the same computer. With the testimony of these two experts, the defense depositions before the Court of Assizes of Perugia draw to a close..

TGCOM then includes several objective, low-key paragraphs on yesterday’s testimony about why Knox was freaking out at the police station.

She was freaking out but not we think for the bizarre reason the expert provided.

2) From the Italian AP

Proving that Raffaele Sollecito at the time of the death of Merdith Kercher was in his house and was using his laptop to watch a movie on DVD was the purpose of the technical analysis of a computer consultant for the defense, a Mr Giovinazzo. He was asked to give evidence today in court for the trial over the death of Meredith Kercher that occurred on November 1, 2007 in the house on Via della Pergola.

He claimed that Sollecito between 9.30 and 11 would have watched a film, “The Wonderful World of Amelie” in the company of Amanda Knox. This has been claimed for almost two years by the defense of the boy from Puglia.

Here is the Machine’s meticulous description of the prosecution’s take on Sollecito’s alibis which directly contradicts this.

Friday, September 25, 2009

Trial: Today And Tomorrow Are To Be The Final Two Days Of Defense Testimony

Posted by Peter Quennell

Click above for La Nazione’s story in Italian. In brief:

The court timetable for today and tomorrow provides for the testimony of the last four witnesses listed by the defense. They are to be another coroner, a neuropathologist, a geneticist, and a computer expert.

There will be court hearings on 2 and 3 October for more expert examination of the prosecution’s evidence. It is virtually certain at this stage that the defenses will ask for a new report on the traces of DNA on the knife considered as the possible murder weapon.

It should then be clearer when the verdict can be expected. It could be several months away, which pushes the date past the date (November 18) set for the start of Rudy Guede’s appeal.

A comment here. As we have observed several times previously, requests for more time for more examination of evidence is really a high-risk strategy by the defenses. If Guede decides to sing and actually tells the truth, all of that would get ported straight over to the Knox and Sollecito trial.

This is posted at mid-afternoon Perugia time and there is still no English-language report out for today and only two brief Italian-language reports. In the circumstances, we will have to wait a few hours, possibly though to tomorrow, to post a wrap-up report for today.

Added: The Associated Press now has this report out on the morning’s testimony.

The woman accused of murdering British student Meredith Kercher in Italy may have have been confused about what really happened because of stress, a doctor has told her trial.

American Amanda Knox gave conflicting statements to police in the wake of 21-year-old Miss Kercher’s death in Perugia, Italy. Neurologist Carlo Caltagirone was giving evidence on behalf of Knox, who is on trial with her former boyfriend Raffaele Sollecito….

Dr Caltagirone told the court that Knox was under stress after long police questioning, which might have led to her confusion. “To be questioned for long hours in a foreign country without fully realising the situation one is in… can lead to a lot of stress,” he said.

Knox initially accused Diya Lumumba, a Congolese man who owns a pub in Perugia where she worked, of being the killer…. Knox, 22, of Seattle, Washington, has since maintained that she spent the night of the murder at Sollecito’s house.