Headsup: The first 8 episodes of the RAI/HBO production "My Brilliant Friend" about a supreme alpha-girl and her "moon" of a best friend airing in 60-plus countries are proving amazingly endearing. So many colorful elements of evolving post WWII Italy on display. Yes, some violence too, but peanuts compared to say New York in that era. A real must-see.

Series The pack attack

Friday, May 11, 2018

Overview Of All Our Powerpoints For Those Many On Media Threads Praising Them

Posted by The TJMK Main Posters



Perugia from the Rome direction; railway station at center-left

1. Post Overview

These brilliant Powerpoints have been getting effusive praise online and in emails by many who began with them.

Others have posted asking how to find them.  We are very grateful for their interest. Here they all are, the complete set. One is by James Raper, one by Fly By Night, two by Nikki, and the others by that indefatigable frog Kermit.

They are often very funny, mostly bothersome to the humorless Knox attack-sheep, and always technically excellent. But their main draw appears to be that they are so explanatory, so highly compelling.

Watch a few and the sense that the Italians got things right can get to be unshakable.  While videos can be telling, Powerpoints look to be even more telling. Other victim sites might well benefit from this model.

2. All Our Powerpoints

1. Click for Post:  A Witness Trashed By Paul Ciolino For CBS In Fact Looks Very Credible (Kermit)

2. Click for Post:  A Comprehensive Guide To The Relevant Locations (Kermit)

3. Click for Post:  A Minute By Minute Visual Guide To The Events On The Night (Kermit)

4. Click for Post:  A Very Odd House, In A Very Odd Location (Kermit)

5. Click for Post:  A Graphical Tour Of The Crime Scene Itself (Kermit)

6. Click for Post:  Trace Evidence Seems To Confirm More Than One Perpetrator At Scene (Kermit)

7. Click for Post:  DNA Evidence - A Very Clear Intro To A Vital Subject Here (Nikki)

8. Click for Post:  Forced Entry Via Filomena’s Window Fails The Giggle Test (Kermit)

9. Click for Post:  Defense Claim AK & RS Couldn’t Have Disposed Of Meredith’s Phones Is Wrong (Kermit)

10. Click for Post:  The DNA Evidence May Be A Tough Mole To Whack (Nikki)

11. Click for Post:  Countering The Spin By The Defenses On The Recent Cottage Break-in (Kermit)

12. Click for Post:  Telling Evidence Against Sollecito The Experts Seem To Have Got Absolutely Right (Kermit)

13. Click for Post:  150 Questions For The Defendants They Have Incessantly Avoided (Kermit)

14. Click for Post:  The Telling Case Of The Doctored Footprint (Kermit)

15. Click for Post:  Justice For Meredith - The Thoughts Inspired By Two Mountains (Fly By Night)

16. Click for Post:  We Now Examine The Compelling Evidence For The REAL Railroading From Hell (Kermit)

17. Click for Post:  Total Evidence Suggests Knox And Sollecito Guilty As Charged (James Raper with Kermit)

18. Click for Post:  Katie Couric Interviews Raffaele Sollecito! We Already Have A Sneak Preview!! (Kermit)

19. Click for Post:  Placing The Noisy Claimant Doug Preston In The Hot Seat (Kermit)

20. Click for Post:  On Contradictions, Here Preston Contradicts Preston (Kermit)

21. Click for Post:  Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC’s Sneak Preview! (Kermit)


Saturday, April 07, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #4

Posted by The TJMK Main Posters



One of two Sollecito footprints matching in EXACT dimensions

1. What Hampikian Omits In Misleading The American Audience (2)

Hampikian’s illegal nonsense on the DNA in the case is quite obviously worse than useless.

It actually came to HURT the defenses rather than helped them, and drew the mafias in (see Part 2 below). Do please feel free to purge your mind of it, and take in our forensic Powerpoints.

Click each image below, and keep clicking.

1. DNA: A Very Clear Intro To A Vital Subject By Nicki


2. DNA Evidence May Be A Tough Mole To Whack By Nicki


3 Telling Forensic Evidence Against Sollecito By Kermit


4. How Pro-Knox Mafia Tools Doctored A Sollecito Footprint By Kermit


5. Total Evidence Suggests AK & RS Guilty By James Raper w/Kermit




2. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Monday, April 02, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #3

Posted by Peter Quennell



Knox enablers Jason Flom, Barry Scheck, Greg Hampikian

(Click here to go straight to Comments. Long post.)

1. What Hampikian Omits In Misleading The American Audience (1)

Think of the evidence in the case as a giant jigsaw puzzle. Say it consists of 1000 pieces.

We at TJMK and PMF and the Wiki are finally on top of nearly all of them. Thanks especially to Italy’s amazing habit of documenting and its open-process juries and our fine translators.

In the US and UK there would be few such documents. And no reasoning at all from any black-box jury. No surprise really that the Innocence Project has many cases here - and none in Italy.

Hampikian in his frenetic marketing of Knox, in sharp contrast to our full picture, leaves out pretty well everything. The previous post by KrissyG showed this for us first.

Amazingly, Hampikian revealed he is not even clued up on the full extent of the DNA.

Now in the prosecution phases of the trial back in 2009 the judges and lay-judges were presented with all 1000 pieces of the puzzle, in 20 day-long sessions (a quarter in closed court and not reported by media in detail). Also they did voluminous side-reading of the case files.

Plus of course staring at the telling Knox and Sollecito reactions for hours and hours.

Knox obviously preferred to be daffy and her version of likable, and to try to warm up a hostile Sollecito. He was obviously sulky and angry at Knox, refusing to look at her or to speak in favor of any of her alibis. Both grimly sat through the hard-to-take closed sessions.

For us and many in Italy, the case came to be a convincingly strong one about midpoint in the trial.

That was when a defiant Knox was on the stand for two days, doing herself no good, incessantly contradicting herself and causing this typical reaction and this one.

Knocked back by this, the defenses used up only a very few court days to attempt rebuttals and attempt to squeeze nice opinions out of character witnesses. Pretty well all Italy could see the defenses were outgunned, listless, and demoralized.

Back in 2008 there had been talk of RS and AK admitting to heavy drug use or psychological issues but the parents would have none of it.

So other than incessantly beating up on Guede (an easy “out” as he was not present to defend himself) it was hard for them to find things to talk about. Some court days were cancelled because of this and Sollecito lawyer Bongiorno skipped several sessions.

This all matters. It explains things. But Hampikian omits all of it in his simplistic and ridiculous bid for glory.

He misrepresents a small fraction of the DNA evidence, reveals himself ignorant of a much bigger and equally damning fraction, and ignores all other evidence as if everything other than DNA is of lower importance.

So here below from the Wiki Evidence Masterlist is all of the forensic evidence made public by the end of 2009. (Although very extensive, this is still only about 50% of all the evidence items on the Masterlist. Hampikian hid that half also.)

Again, this was all known to the jury as of the end of trial - which like any jury anywhere can convict on ONE item if it speaks guilt to them. This was the only jury to hear the whole case. The one that voted for guilt unanimously.  As any American or British jury would have done.

Part 3 at bottom summarizes the damning court take and the Knox shills’ spin.

2. Forensic Evidence In The Public Realm By Late 2009

Area 1: The Wounds

11-01   Meredith Kercher sustained 43 wounds during the assault that killed her. (Perna closing arguments 2009)

1-02   She had 10 knife wounds and 33 other wounds. (Lalli 2009)

1-03   She had at least 15 bruises: on her mouth, nose, cheeks, jaw, neck, elbows, right forearm, small of her back, left thigh, and right lower leg. The bruises indicate she was not only restrained, but also kept from screaming for help. (Lalli 2009)

1-04   Some of the bruising on Ms. Kercher was in the shape of fingertips, with some fingertips being smaller, of a woman’s size. There were no ligature marks. (Lalli, Marchionni, Codispoti 2009)

1-05   Some of the neck bruises indicate Ms. Kercher was being choked at some point during the assault. (Liviero 2009)

1-06   The internal vaginal bruising suffered by Ms. Kercher happened before her death and was violent. (Lalli, Marchionni 2009)

1-07   She had only 2 major knife wounds, one on each side of her neck. The remaining knife wounds were minor. (Lalli 2009)

1-08   The wound on the right side of her neck was narrow and deep. The wound on the left side of her neck was wide, large, gaping and fatal. These two wounds were likely made with two different knives. (Bacci, Politi, Codispoti, Mignini 2009)

1-09   She had another knife cut just below the gaping wound on the left side of her neck. (Lalli 2009)

1-10   She had 3 other glancing knife wounds on her neck and cheeks. (Lalli 2009)

1-11   She had 3 small cuts on her right hand and one small cut on her left hand. (Lalli 2009)

1-12   Her defensive wounds were virtually non-existent, especially when compared with other single-attacker knife attacks, where knife wounds on the hands and arms are prevalent. (Cingolani, Codispoti 2009)

1-13   The wounds were compatible with an assault by multiple persons (Cingolani, Codispoti, Lalli, Liviero 2009).

1-14   Bacci, Lalli and Liviero testified that the wounds could not be ascribed with 100% certainty to a single person or multiple person assault. However Lalli and Liviero preferred the multiple person assault scenario, given the quantity and different types of wounds. (Bacci, Lalli, Liviero 2009)

1-15   Lalli confirmed under questioning by Judge Massei that if the rape happened during the assault, then the assault had to be carried out by more than one person. (Lalli 2009)

Area 2: The Blood traces

2-01   Blood traces were found all around Ms. Kercher’s bedroom, not in one specific area. (crime scene photos)

2-02   In Ms. Kercher’s bedroom, blood was found by the far wall, on and inside the closet, under the desk, by and under the bed, on the walls above the bed, on the mattress cover, on the floor in large quantities and on the door into the bedroom. (crime scene photos)

2-03   Blood was also found on the floor in the form of partial shoeprints leading out of the cottage. Blood traces were also found on the small bathroom door, in the small bathroom (on the light switch, sink, bidet, bathroom floor mat, etc.), possibly on a few items in Knox’s bedroom, and also in Luminol-revealed traces found on the floor in the corridor, in Knox’s bedroom and in Romanelli’s bedroom. (crime scene photos, Codispoti 2009)

2-04   No blood traces were found near, leading to or in the large bathroom where Guede defecated. (crime scene photos, Dr. Stefanoni Genetic Test report)

2-05   Blood pattern analysis indicates Ms. Kercher was fatally stabbed around 40 cm above the ground, near to the closet door. (Camana 2009)

2-06   Blood traces on the floor indicate objects were shifted or removed after Ms. Kercher had started bleeding from the fatal wound. (crime scene photos)

2-07   Ms. Kercher’s body was moved after she was stabbed, as can be seen from the blood smears on the floor. (crime scene photos)

2-08   Blood traces on the mattress cover indicate that one or more knives used in the assault were placed on the mattress cover. (Politi 2009)

2-09   Blood traces under the bed indicate someone was likely searching under the bed for something after the assault. (Codispoti 2009)

Area 3. Clothing traces

3-01   Blood was found on her sweat jacket, bra, jeans and socks. (crime scene photos)

3-02   Ms. Kercher’s bra and sweat jacket indicate she bled on the right side, likely from the knife wound on the right side of her neck, for some time before these were removed. (evidence item photos in Dr. Stefanoni’s slide presentation)

3-03   The sleeves on her sweat jacket were pulled inside-out. (Stefanoni 2009)

3-04   Blood stains on her sweat jacket and shirt indicate these were pulled up around her neck after she had been wounded. (Codispoti 2009)

3-05   Her jeans were also inside out, with blood spots inside her jeans. (Stefanoni 2009)

3-06   Her panties were found near her body, and had no blood stains. (Stefanoni 2009)

3-07   Ms. Kercher’s bra was removed after she was dead, as can be seen from blood speckles on the bra that were not found on her chest. (Micheli Motivation report, Codispoti 2009

3-08   Her body was covered with a duvet, and she only had an undershirt on. (Micheli Motivation report)

3-09   Police found a pillow, a bed sheet, a sock and two towels under her body. (Nencini Motivation Report- citing Lalli’s site report)

3-10   Guede’s bloody handprint was found on the pillow. (Sbardella 2009)

3-11   Guede’s bloody shoeprint was found on the pillow right under Ms. Kercher’s leg. (Sbardella 2009)

3-12   Police found Ms Kercher’s bra clasp under the pillow, and then later found it again under a carpet in the bedroom, 46 days after initial discovery. (Cantagalli, Codispoti, Stefanoni 2009, crime scene photos)

3-13   A sock was found around one of Ms. Kercher’s purse handles on the bed. (crime scene photos)

3-14   Ms. Kercher’s purse was found on the mattress cover, indicating it had been placed there after the duvet had been used to cover her body. (crime scene photos)

Area 4. Ms. Kercher’s room

4-01   Only the mattress cover remained on the bed. After the assault, someone removed the duvet, pillow and bed sheet from the bed, and placed Ms. Kercher on the bed sheet, two towels and pillow on the floor, then covered her body with the duvet. (Codispoti 2009, crime scene photos)

4-02   Someone took Ms. Kercher’s wallet and credit cards from her purse and placed the purse on the mattress cover on the bed. (Profazio 2009, Nencini Motivations report, crime scene photos)

4-03   Someone left receipts on the duvet covering Ms. Kercher’s body. (Codispoti 2009, crime scene photos)

4-04   Someone took Ms. Kercher’s cell phones and tossed them over a roadside wall, inadvertently into the garden of another villa, some 950 meters from the cottage. (Nencini Motivations report)

4-05   Someone took Ms. Kercher’s room and house keys. (Napoleoni 2009)

4-06   An empty jar of Vaseline was found on her desk. (crime scene photos, Napoleoni 2009)

4-07   The wall shelf by her closet had been knocked around, and objects on the shelf were tipped over. (crime scene photos, Codispoti 2009)

4-08   Ms. Kercher’s nightstand lamp and Knox’s nightstand lamp were both on the floor next to the bed. (crime scene photos)

4-09   Knox’s lamp was partially under Ms. Kercher’s bed, and it was the only functioning light Knox had in her room. (crime scene photos, Nencini Motivations report)

4-10   Someone closed and locked Ms. Kercher’s bedroom door, and took her bedroom door key. (Battistelli, Romanelli, Altieri, Zaroli, Napoleoni 2009)

4-11   Romanelli testified Ms. Kercher rarely closed and locked her own bedroom door, while Knox claimed Ms. Kercher normally locked her door. (Battistelli, Zaroli, Altieri, Romanelli 2009)

4-12   Ms. Kercher’s bedroom door had a small crack in it before it was broken down. (Altieri 2009).

Area 5: Shoeprints

5-01   Guede’s bloody left shoeprints were found in Ms. Kercher’s room.

5-02   Guede’s bloody left shoeprints were also found leading down the corridor, into the kitchen/dining room and out the front door, without any trace of prints indicating he turned to close and lock Ms. Kercher’s bedroom door.

5-03   Five different papers and cards, most smudged with blood, were found on the floor in Ms. Kercher’s room. These papers and cards had at least two different types of shoeprints which did not match any of Ms. Kercher’s shoes.

5-04   A similar card was found in Romanelli’s room, with a shoeprint not matching those on the cards and papers in Ms. Kercher’s room.

5-05   A smaller shoeprint similar to Guede’s shoe type was found on the pillow found under Ms. Kercher. Police consultants estimate this was a female sized shoe.

Area 6: Footprints

6-01   Half of a bloody footprint was found on the bathmat. The heel of this footprint, which should have been on the floor, was missing, suggesting it was cleaned away. (crime scene photos, report)

6-02   The bloody footprint matches Sollecito’s right foot size and characteristics.

6-03   Five Luminol-revealed footprints were found on the floor in the corridor and in Knox’s bedroom.

6-04   One of these Luminol-revealed footprints was compatible with Sollecito’s right foot.

6-05   Two others were compatible with Knox’s right foot.

6-06   None of the Luminol-revealed footprints were compatible with Guede’s feet.

Area 7: Fingerprints

7-01   Ms. Kercher’s fingerprints were found on Knox’s closet door.

7-02   Knox’s fingerprints were only found on a glass in the kitchen. None of her fingerprints were found in her own bedroom, or elsewhere in the cottage.

7-03   Sollecito’s fingerprints were on Ms. Kercher’s bedroom door and on the inside face of Laura Mezzetti’s door.

7-04   Guede’s fingerprint was found in Ms. Kercher’s bedroom.

Area 8: DNA testing general

8-01   227 evidence items were sampled or bagged. 30 of these were not analyzed.

8-02   From the remaining 197 evidence items, over 480 DNA and Y haplotype tests were prepared from liquids, solids or hairs. Many objects were sampled in multiple places.

8-03   Out of the over 480 DNA and Y haplotype tests, only 193 of these tests actually yielded DNA useful for comparison. (40%)

8-04   24 tests were from samples taken from Ms. Kercher’s body. Of these, 1 test yielded DNA compatible with Guede’s Y haplotype, 17 tests yielded DNA compatible with Ms. Kercher’s, and the remaining did not yield DNA useful for comparison.

8-05   11 tests were from samples taken from the exterior of the cottage. Of these, 2 tests yielded DNA compatible with an unknown female, 2 tests yielded cat DNA and the remainder did not yield useful DNA.

8-06   21 tests were from samples taken from the basement apartment at the cottage. Of these, 16 tests yielded cat blood, 2 tests yielded DNA compatible with an unknown male and the remaining did not yield DNA useful for comparison.

8-07   221 tests were from samples or items taken from the upper apartment at the cottage. Of these, 6 tests yielded DNA compatible with Guede’s DNA or Y haplotype, 82 tests yielded DNA compatible with Ms. Kercher’s DNA, 2 tests yielded DNA compatible with a mixture of Ms. Kercher’s and Guede’s DNA or Y haplotype (both tests from the same sample), 5 tests from 5 different samples yielded DNA compatible with a mixture of Ms. Kercher’s and Knox’s DNA, 2 tests yielded DNA compatible with a mixture of Ms. Kercher’s and Sollecito’s DNA or Y haplotype (both tests from the same sample), 4 tests yielded DNA compatible with Knox’s DNA, 1 test yielded DNA compatible with a mixture of Knox’s and Sollecito’s DNA, 2 tests yielded DNA compatible with an unknown female, 3 tests yielded DNA compatible with an unknown male and the remaining did not yield DNA useful for comparison.

8-08   4 tests were from samples taken (from bloodied tissue papers) found in the vicinity of the cottage, yielding DNA compatible with an unknown male or an unknown female.

8-09   16 tests were from samples taken from Sollecito’s car and no DNA useful for comparison was found.

8-10   102 tests were from samples taken from Sollecito’s apartment. Of these, 1 test yielded DNA compatible with Ms. Kercher’s DNA, 6 tests yielded DNA compatible only with Knox’s DNA, 7 tests yielded DNA compatible with a combination of Knox and Sollecito’s DNA, 7 tests yielded DNA compatible only with Sollecito’s DNA, 3 tests yielded DNA of 3 unknown males and the remaining did not yield DNA useful for comparison.

8-11   29 tests were from samples taken from Guede’s apartment. Of these, 14 tests yielded DNA compatible with Guede’s DNA and the remaining did not yield DNA useful for comparison.

8-12   6 tests were from samples taken from the pub Le Chic and no DNA useful for comparison was found.

8-13   50 tests were from samples taken from the defendants or defendant’s items during arrests or likely at the police station. Of these, 6 tests yielded DNA compatible only with Guede’s DNA, 8 tests yielded DNA compatible only with Knox’s DNA, 1 test yielded DNA compatible with a combination of Knox and Sollecito’s DNA, 2 tests yielded DNA compatible only with Lumumba’s DNA, 4 tests yielded DNA compatible only with Sollecito’s DNA, 1 test yielded DNA of an unknown male and the remaining did not yield DNA useful for comparison.

8-14   Of the 82 tests yielding DNA compatible with Ms. Kercher’s DNA at the cottage, 4 samples were taken from the corridor floor, 5 were taken from the kitchen/dining floor, 66 were taken from Ms. Kercher’s room and clothing, 1 was taken from the floor in Romanelli’s room and 6 were taken from the small bathroom.

8-15   17 tests yielded unmatchable DNA, with 6 tests yielding DNA compatible with 3 different females and 11 tests yielded DNA compatible with 7 different males. 13 of these samples were found in tissue paper outside the cottage and on cigarette butts in the ashtray in the cottage kitchen.

Area 9: DNA testing- specific

9-01   Ms. Kercher’s DNA was found on the kitchen knife at Sollecito’s apartment. Her DNA was found in a groove towards the cutting edge of the blade. The grove is part of a series of noticeable scratches running parallel along the blade.

9-02   Knox’s DNA was found on the top of the handle of the same knife.

9-03   A second sample of Knox’s DNA was also found on the same knife, where the blade goes into the handle. This second sample was an LCN sample of mixed DNA, and was statistically determined to be Knox’s DNA. (RIS Berti & Barni 2013 report)

9-04   DNA mixture compatible with Knox’s and Sollecito’s DNA was found on another stained pocket knife that Sollecito had.

9-05   DNA mixture compatible with Knox’s and Sollecito’s DNA was found on a cigarette butt in the cottage kitchen. Except for the bra clasp, no other samples at the cottage yielded Sollecito’s DNA.

9-06   7 samples yielded DNA mixtures compatible with Ms. Kercher’s DNA mixed with either Knox’s DNA, Sollecito’s DNA or Guede’s DNA.

9-07   DNA mixture compatible with Ms. Kercher’s DNA and Sollecito’s DNA was found on the metal bra clasp. Sollecito’s Y haplotype was also on the metal bra clasp.

9-08   DNA mixture compatible with Ms. Kercher’s DNA and Guede’s DNA was found on Ms. Kercher’s purse near the zipper.

9-09   DNA mixture compatible with Ms. Kercher’s DNA and Knox’s DNA was found in three blood traces in the bathroom- on the bidet drain plate, in the sink and on a plastic container containing cotton swabs.

9-10   DNA mixture compatible with Ms. Kercher’s DNA and Knox’s DNA was also found in a Luminol-revealed blood stain on the floor of Romanelli’s room, and in a Luminol-revealed bloody footprint in the corridor.

9-11   A second Luminol-revealed blood stain in Romanelli’s room yielded Ms. Kercher’s DNA.

9-12   A sample of blood from the small bathroom faucet yielded ONLY Knox’s DNA.

9-13   Guede’s DNA was found on Ms. Kercher’s purse, the left sleeve of her sweat jacket, her bra strap, in Ms. Kercher and on the toilet paper in the large bathroom.

Area 10. Other biological traces

10-01   3 samples of presumed blood traces were found in Knox’s bedroom, on a pillow, on the night stand and on the wall by the head of the bed.

10-02   No semen was found in Ms. Kercher.

10-03   Guede left his feces in the toilet in the large bathroom.

10-04   3 fragments of toilet paper were found on Ms. Kercher’s desk; all three yielded DNA compatible with Ms. Kercher’s DNA.

10-05   2 tissue papers were found in Sollecito’s bedroom; both had blood that yielded DNA compatible with Sollecito’s DNA.

10-06   A glass on Ms. Kercher’s night stand yielded DNA compatible with Ms. Kercher’s DNA.

10-07   A strand of hair and a trace of blood were found on Romanelli’s window frame. The blood trace did not yield human DNA; the hair color was dark chestnut.

10-08   5 samples of blood traces on a towel and faucet in Guede’s bathroom all yielded Guede’s DNA.

10-09   4 samples of blood stains on Guede’s jeans and a museum ticket in his jeans also yielded Guede’s DNA.

10-10   The range of digestive timing is, under normal circumstances, 3-5 hours. This range could easily be expanded depending on any number of factors, including stress and alcohol, both of which slow digestion. (Ronchi 2009)

10-11   Based on body temperatures and the digestive process, the time of death range was estimated between 20:00 of November 1st and 04:00 of November 2nd, with the probability that the time of death occurred around 23:00 of November 1st. (Lalli 2009)

Area 11. Luminol traces

11-01   1 sample of a Luminol-revealed blood trace was taken from Guede’s apartment.

11-02   9 samples of Luminol-revealed blood traces were taken from the cottage, including Knox’s room, the corridor and Romanelli’s room.

11-03   Knox’s and Ms. Kercher’s DNA was found on the Luminol-revealed blood stain in Romanelli’s room.

11-04   Knox’s and Ms. Kercher’s DNA was found mixed in a Luminol-revealed bloody right footprint in the corridor.

11-05   14 samples of Luminol-revealed blood traces were taken from Sollecito’s apartment.

11-06   6 samples were taken from Sollecito’s bathroom, including the door, floor and shower basin.

11-07   3 samples were taken from Sollecito’s bedroom, including the door and floor.

11-08   5 samples were taken from the floor of Sollecito’s kitchen.

11-09   2 of the Luminol-revealed samples taken from Sollecito’s apartment yielded DNA compatible with a mixture of Sollecito’s and Knox’s DNA. 1 sample yielded DNA compatible with Knox’s DNA.

11-10   1 sample yielded an unknown male’s DNA (unmatchable).

Area 12: Hairs

12-01   Of the over 480 tests prepared on samples, 93 of these constituted hairs or fibers. 86 were human hairs of varying length, in varying colors. The most significant colors noted were black, blonde, chestnut, light chestnut and red chestnut.

12-02   Only 3 hairs yielded DNA; all 3 hairs yielded DNA compatible with Ms. Kercher’s DNA. All 3 hairs were chestnut colored and over 15 cm long.

12-03   35 hairs were chestnut in color; the vast majority of these were found in Ms. Kercher’s room. 2 were also found on a kitchen sponge at Sollecito’s apartment.

12-04   7 hairs were black in color. 6 of these were 4 cm long or less, and so likely Guede’s hair. 4 of these were on the duvet and 1 was on the mattress cover, both in Ms. Kercher’s room. 1 was also on a sponge at Sollecito’s apartment.

12-05   21 blonde hairs were analyzed, and were likely Knox’s hairs. Most were found at Sollecito’s apartment, 10 on a sponge in the kitchen and 5 on a sweater.

12-06   Of the 6 blonde hairs found at the cottage, 2 were on the duvet, 1 was inside the small bathroom sink, 1 was on Ms. Kercher’s purse and 1 was on her mattress cover.

12-07   4 light chestnut hairs were found. 3 of these were 9 cm long or less. 1 was found on the kitchen sponge; 1 was found on the bra and one was found on Ms. Kercher’s sweat jacket. Sollecito had light chestnut colored hair.

3. Court Assessment & Knox Spin

Judge Micheli was the first judge to make something of all this evidence, late in 2008. Unsurprisingly, if one has actually studied it, one of his major findings was this.

The pack attack, and the crime-scene rearrangement. Led by Knox. She could have escaped trial right there by rebutting it. But she and her team had pretty well zero comeback.

Oh, Hampikian, you didn’t know that?!

The “counter-case” of Hampikian, and other such shills of the PR campaign as Heavey, Fischer, Douglas, and Moore, is like a three-legged stool, with all the rest of the case simply ignored.

  • One leg is the Interrogation Hoax and we have shown in 20 posts that Knox always lied about that.

  • One leg is the supposedly “flawed” DNA analysis that actually wasn’t, which KrissyG took first new whack at last week.

  • The third leg is that there was no pack attack and that Guede somehow did all of the above on his own.

Including taking off a shoe to make ONE imprint in blood on the bathmat in a footprint several sizes smaller than his own…

On Planet Earth, nobody has ever come close to making all of the above fit a Lone Wolf. The defenses only listlessly went through the motions when they tried. Then they seized on Alessi and Aviello when they came along.

That was the defenses proving a pack attack!!

4. Tip for IP contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Tuesday, March 20, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #2

Posted by KrissyG



Long post. Click here to go straight to Comments

1. Post Overview

Previously main poster Hopeful showed up the intensely superficial grasp of the case by an Innocence Project founder who is a lusty huge booster of Knox.

We see no sign that anyone in the Innocence Project (IP) has ever done due diligence, or has any better grasp of the case than Jason Flom. We certainly don’t see any on video or in print. We see only appallingly misleading and illegal work…. and nothing else. As Hopeful said in that post:

Anyone who thinks Idaho IP representative Greg Hampikian’s seemingly illegal involvement in the court-ordered DNA re-testing was somehow competent and truth-based should read KrissyG and James Raper for two blasts of reality.

This may come as a surprise. In ten years nobody whatsoever has ever landed the slightest blow on the huge (though not pivotal) DNA component of the case.

The defenses and many others have seriously misrepresented it, yes, but that is something else.

2. Chief IP Misleader Hampikian

Nearly a year before Knox ever turned up at her first Innocence Project meeting in Oregon, we had highlighted IP Idaho rep Greg Hampikian’s very misleading work here.

Our main poster the Machine had acidly remarked about Greg Hampikian in that post:

    1. He is ignorant of most of the basic facts of the case.

    2. He hasn’t read the official court documents in their entirety, but has instead relied on Amanda Knox’s family and supporters for his information without bothering to do any fact-checking.

    3. He incessantly downplays or misrepresents the hard evidence against Amanda Knox and Raffaele Sollecito and overstates that against Rudy Guede.

    4. He doesn’t limit himself to his own narrow area of expertise, but speaks about other aspect of the case and gets basic facts wrong.

    5. Like so many in the seedy defense operation he ridicules his counterparts in Italy, most of whom are much better qualified in criminal-case DNA than he is.

Do please read all of the Machine’s very damning post. Note that Hampikian has never ever tried to answer back, though he is still as much of a self-infatuated rooster as before. I would add to the Machine’s profile of Hampikian these further revealing points:

    1. In an aura of personality cult he incessantly proclaims that he is the founder and director of the Idaho Innocence Project.

    2. He took quite a shine to Amanda Knox and went white-water rafting with her.  He broke with his wife, shortly after.

    3. This absurd claim appears on his Wikipedia page - those are often written by the “celebrities” themselves:

    During the high-profile case of Amanda Knox, on May 23, 2011, Greg Hampikian announced that, based on its independent investigation and review, DNA samples taken at the crime scene all pointed to African drifter Rudy Guede and excluded Knox and Sollecito. Upon reexamination of the DNA, he concluded that the evidence is unreliable and contaminated. Hampikian’s findings are one of the main reasons that Knox and Sollecito were set free.

    Really?! The mafias had no role? Hard to believe from this that Hampikian was never an official witness put under cross-examination at the trial or appeals. He had zero official role, and the very extensive DNA evidence really proved nothing of the sort. More DNA samples of Knox than of Guede were at the scene. No contamination was ever proven.  In fact, it was categorically ruled out by the courts.

    4. He has appeared in numerous Youtube clips in especially prepared tv shows, in which he presents himself as “the objective scientist” not letting on that he is essentially only a PR shill.

    5. Hampikian was claiming a government grant for his department at Boise State University.  Journalist Andrea Vogt suspected he was using the funds to promote Amanda Knox’s marketing.  Vogt applied for information under the Freedom of Information Act.  Hampikian evaded the demand by claiming his work was a top trade secret. Academic scientists are supposed to be transparent and make their work replicable and peer-reviewed by other scientists.  So Vogt’s instincts seem correct, given the unlikely reason.

    6. He praises himself on his wiki page as “Prof. Hampikian is also an accomplished amateur folk singer and songwriter.” Indeed, he appears on a Youtube video, sounding like a hundred cats in pain singing about his d-i-v-o-r-c-e., after his rafting expedition with Knox.  She appears grinning by his side in pictures.

    7. He has given evidence under oath in court several times (though never in Italy) claiming he was THE expert who got Amanda Knox “exonerated”.  Knox has never been exonerated, certainly not on the DNA evidence, and the mafias clearly had a role in springing the pair. So, Hampikian is not someone who takes solemn oaths seriously, although his illegal interference was real. 

    8. The defence lawyers for Paul Jenkins and Fred Lawrence are currently in court to try to pin the DNA evidence on another convict, David Wayne Nelson, with Hampikian as the ‘expert DNA witness’ claiming,

‘“I do a lot of cases,” said Hampikian. “This is the second time I can remember one of my cases where it cleared two men and someone else is a hit to the database.”

He doesn’t say to whom he is referring in this absurd claim, but no doubt it is Knox and Sollecito with Guede as the ‘hit’.  Hampikian, thus, is a stranger to the truth, as Knox and Sollecito’s DNA at the crime scene is legally sound.

Comment by Ergon

Examples of typical dishonesty from Greg Hampikian in this article

1. “We asked the Italian lab to supply validation of such a sensitive measurement, but they never complied”.

Yes they did, though maybe not to the professor from Idaho.

2. “a new study on the knife was then ordered in Italy. This failed to repeat the DNA finding”.

They didn’t retest the ‘DNA finding’.

3. “This finding was never repeated, despite many attempts”.

There was only one attempt, which the defense accepted as all that could be done.

4. “As DNA consultant for the defence in the Amanda Knox case”.

You weren’t hired ‘by the defense’ but inserted yourself in your personal capacity using public funds.

5. “but when fingerprints and DNA from the scene were analysed, only two profiles were identified: those of the victim and Rudy Guede”

Also Raffaele Sollecito’s, and Amanda Knox’s blood DNA mixed with Meredith Kercher’s.

6. “Calls followed for global standards on use of low copy number DNA”.

Raffaele Sollecito’s DNA profile on the bra clasp wasn’t LCN DNA, nor was contamination proven against any of Stefanoni’s findings.

7. “a kitchen knife at Sollecito’s house. It didn’t match many wounds on the body and tested negative for blood.”

Because there were two knives, and it tested negative for blood because it was rigorously washed in bleach.


3. Who Manages Or Crosschecks Hampikian?

Hampikian seems to have a pass to claim whatever he wants in the name of the Innocence Project. No quality control, no peer review, no reporting, no accountability at all. Just a near-endless stream of lies.

If Hampikian was to be checked out and made to stop lying and acting as a PR shill, and to stick only to the truth, whose job in the IP would be that? Presumably the man at the top. Barry Scheck.

Has Barry Scheck been asleep at the switch? If so, not for the first time. .



4. Ten Quick Facts About Barry Scheck

1. Born 1949, at Yale Scheck was a ‘fervent anti-war demonstrator’.  In Los Angeles he was a key member of OJ Simpson’s ‘dream team’, which got OJ off a murder rap in 1995.

2. Barry Scheck, as a law professor at the Benjamin N. Cardozo School of Law in New York City, is a forensic and DNA evidence expert. He joined the “Dream Team” to help them ‘harness the power of forensic and DNA evidence’ to assist in Simpson’s defence.

3. Scheck is also known for his work as co-founder and co-director of the Innocence Project, a non-profit organization that uses DNA evidence to ‘clear the names of wrongfully convicted inmates’.

4. Scheck co-founded the Innocence Project in 1992 with Peter Neufeld, also his co-counsel on the O.J. Simpson defence team.

5. The Project claims it is ‘dedicated to the utilization of DNA evidence as a means to exculpate individuals of crimes for which they were wrongfully convicted’.

6. To date, it claims 343 wrongful convictions have been overturned by DNA testing ‘thanks to the Project and other legal organizations’.

7. The Innocence Project claims ‘it does not use legal technicalities to challenge convictions; the Project accepts only cases in which newly discovered scientific evidence can potentially prove that a convicted person is factually innocent’.

8. Scheck unsuccessfully defended British baby sitter Louise Woodward against a charge of killing a baby in her care, shortly after the OJ acquittal, leading some to perceive a ‘backlash’ against his defence methods.

9. Scheck and Neufield were heavily criticised in 1999 in a case where eight cops were charged with abusing Abner Louima or shooting dead Amadou Diallo-to benefit their own civil cases on behalf of those victims, putting the police at risk of an unfair trial.

10. Scheck and Neufield called a press conference before the criminal trial, revealing potentially incriminating evidence against the four policemen from an autopsy report, which revealed Diallo was shot in his foot and legs whilst already down. Their ethics were questioned.  Outside the press conference, 1,000 Scheck supporters chanted, ‘“No justice, no peace, no more racist police.”

5. So The Bottom Line On Scheck Is?

Thus, we have a picture of someone who sees himself as a warrior for social justice, and anti-establishment.  Scheck uses his privileged position as a lawyer and DNA expert to help the disadvantaged and oppressed.

However, after the OJ Simpson trial, which saw Scheck shoot to fame, and not necessarily in a good way, but as a silver-tongued crafty defence lawyer who could persuade a jury that night is day by any means at his disposal, regardless of ethics, there emerges a hint of a ruthless man driven by an urge to get the better of his perceived opponents.

So far so good, this is 100% of what we the public have cynically come to expect of a winning-at-all-costs lawyer.  We want them to write our ‘strong letters’ for us, or to win our compensation; perhaps get us off a rap.

We want them to ‘be on our side’, and when you are poor, dispossessed and otherwise ‘invisible’ to the establishment, finding such a high-profile lawyer to champion your case, then fawning gratitude transforms into hero-worship and cult following.

Such is the effect of Scheck’s Innocence Project, thousands of prisoners in the USA claiming to be ‘wrongfully convicted’, whether they are or not, flock to sample the ‘exoneration’ he holds out as the prize for joining up.

Add to the pot US attorneys who as part of their standards are expected to devote a substantial part of their time towards ‘pro bono’ work (free representation), then the ready pool of the poor and deprived that make up the Innocence Projects are ready made clients for them.

6. IP Does Indeed Do Some Good Work

We have shown again and again that American law enforcement, justice and incarceration systems, not their Italian equivalents, are the systems where injustices are off the charts.

Read for example the series of three posts starting here.  An estimated 200,000-plus sitting in prison because prosecutors scared them into a plea-bargain.

Barry Scheck’s target group and release rate is absolutely miniscule compared to this 200,000, but it is not a net negative on the whole. Every little bit of pushback can help. Scheck’s interviews and speeches are often good.


 

7. But Things Do Go Badly Wrong.

The Medill Innocence Project Case

There seems plenty of evidence that the Innocence Project is only loosely managed from the top. Other grandstanders and corner cutters and law-breakers like Hampikian are far from unknown.

And to IP host institutions like lawschools “mistakes” like this one below can bring major harm.

In the Medill Innocence project, a professor at Northwestern University’s Medill School of Journalism, David Protess, was picked to head this.

His work had overturned convictions in a number of high-profile cases that won freedom for the ‘wrongfully imprisoned’ and earned him fame and prestige that included a TV-movie deal and a new post. From the start, Protess got his law students to were acting as amateur gumshoes, Protess dispatched them to interview witnesses and dig up new evidence.

Protess was looking for wrongful convictions.  He thought he had found one in Anthony Porter, who had narrowly escaped execution for a 1982 murder and had since served fifteen years, after winning a last minute reprieve.

Protess was keen to highlight that the State had been prepared to execute an innocent man, and he and his private eye students pinpointed an ‘alternative perpetrator’ in Alstory Simon.

“This investigation by David Protess and his team involved a series of alarming tactics,” the Cook County State’s Attorney, Anita Alvarez, said in her statement after Simon’s eventual release.  The Medill Innocence Project’s tactics, “were not only coercive and absolutely unacceptable by law-enforcement standards, “they were potentially in violation of Mr. Simon’s constitutionally protected rights.”

From the Daily Beast in 2014:

Perhaps the worst of those alarming tactics were used by Paul Ciolino, a private investigator working with Protess who got Simon to confess to the murder. According to Alvarez’s findings, Ciolino threatened Simon, promised him a short sentence and financial rewards for cooperating, and used an actor to play a witness who accused Simon of the shooting.

Finally, Ciolino volunteered a lawyer, Jack Rimland, to represent Simon in court. Rimland, a personal acquaintance of Ciolino, may have had a conflict of interest defending a man that his associate was trying to prove guilty, but that didn’t stop him from taking the case.

At the time, it did the trick. Alstory Simon confessed to the murder on video and within days, after more than a decade on death row, Porter walked free.

The State prosecutors then had to spend time and money retrying Porter and reaffirming the seemingly overwhelming evidence of his guilt (six eye witnesses named him).  However, the case against Porter was dropped a month later.  Following on from this case, Illinois banned the death penalty, in 2011.

More from the report in the Daily Beast.

After initially defending the program, Medill launched an investigation of its own. In the end, it was found that students working under Protess had used false pretenses in trying to elicit witness statements.

More damningly, the professor’s claim that the records from his class’s work were protected by journalistic privilege was undermined by the discovery that he’d altered an email instructing that the project’s findings should be turned over directly to defense counsels without any copies retained.

When it was all over, Protess had negotiated his retirement and left the school. His reputation bruised but with legacy of his central victory—winning Anthony Porter’s freedom—still intact.

After Simon’s release last month and the accusation that Protess helped put an innocent man in prison for 15 years, possibly freeing a killer in the bargain, his legacy may be the least of his concerns.


The IP Role

This is a perfect illustration of what can happen when badly supervised lawyers try to solve a case outside of a courtroom.  Delusion, fanaticism and a disregard for due process can blind an Innocence Project lawyer or law student to the truth of culpability.  In other words, they find themselves fighting the establishment, whatever that is, rather than true injustice.

The State prosecutor, Alvarez, said at the time:

“The bottom line is, the investigation conducted by Protess and private investigator Ciolino as well as the subsequent legal representation of Mr. Simon were so flawed that it’s clear the constitutional rights of Mr. Simon were not scrupulously protected as our law requires.”

In 2016, Alstory Simon filed a $40m lawsuit From the Chicago Tribune.

A federal judge on Tuesday gave the green light to a $40 million lawsuit alleging Northwestern University and former star professor David Protess conspired to frame a man for an infamous double murder that became one of the most significant wrongful conviction cases in Illinois history.

The lawsuit brought by Alstory Simon alleges Protess and private investigator Paul Ciolino manufactured bogus evidence, coaxed false statements from witnesses, intimidated Simon into confessing and set him up with a lawyer, Jack Rimland, who coached him to plead guilty.

In denying a motion to dismiss the lawsuit, U.S. District Judge Robert Dow said that it was plausible the money and publicity Protess had brought to Northwestern had allowed a culture of lawlessness and unethical conduct at the university.

The Bombshell Twist

In June 2017 Chicago Tribune reported a ‘bombshell’ twist.  It was revealed that in 2014 at the time of Simon’s release a 28-page internal report wherein the deputies of the then State Attorney Alvarez had concluded, ‘there is not sufficient evidence to seek to vacate Simon’s convictions’. 

Many High-profile Innocence ‘Exonerees’ Earn $’000’s

Simon is like so many prisoners released early, whether or not there is an ‘Alford’ deal – where release is on condition the prisoner accepts the State does not accept liability that the conviction was wrongful and no ‘certificate of innocence’ is provided.

This type of deal is true, for example, for ‘Sunny’ Jacobs, released from death row and finally prison for her role in the murder of two policemen in Florida, and the notorious WM3 which includes Damien Echols, who has since made millions from books and tours on the back of ‘innocence’.

Amanda Knox, Damien Echols and the other two WM3 are listed by All American Entertainment as exonerated ‘speakers’ charging up to $10,000 a time.  Yet none have had a ‘certificate of innocence’.  Thus, by Ciolino’s own words, they cannot be classed as ‘exonerated’.

Cook County ‘Wanted to Prosecute David Protess and Paul Ciolino’

The reason Cook County gives for refusing to vacate Simon’s conviction is because he failed to come clean on the deception a taking a rap for another man’s crimes in exchange for a shorter sentence.  The reports states:

Simon was not a child or inexperienced at any relevant time. As of 1982 he had accumulated an extensive criminal history. He had been arrested for robberies or armed robberies five times between 1966 and 1977. He had three felony or armed robbery convictions. ... He was 47 when he (pleaded) guilty. This certainly complicates his claims regarding coercion and being misled.

The report criticises the ‘less than ideal circumstances’ in which Ciolino tricked Simon into confessing the first time, after which Simon continued the masquarade by spontaneously admitting to firing the fatal shots for some time after his conviction.  For example, in a letter to his lawyers.

However, in spite of these reservations, Alvarez had called a news conference and announced there was ‘no other conclusion’ than that Simon should be freed.  Pointedly, she indicated that if it were not for the statute of limitations (time limit for bringing a charge) she would have prosecuted Protess and Ciolino.

Subsequently she declined to send representatives to contest Simon’s effort to win a “certificate of innocence,” a document that allows wrongfully incarcerated, factually innocent persons to collect cash damages from the state.  It was because whilst Simon probably did not commit the murders, he was part of the innocence fraud which put him in prison and which freed Porter.

Paul Ciolino Hits Back

The latest news, as of January 2018, leading on from the supposed ‘leaked’ document of 2014 which showed Simon’s convictions were merely ‘vacated’ is that Paul Cionlino is suing Simon, Alavarez, and a couple of the ‘Park’ filmmakers, a Chicago Tribune journalist and policemen for damages for ‘defamation’.

The 66-page petition mirrors the counterclaim Ciolino filed before and which was dismissed last year.  He claims his reputation and career were destroyed by the allegations in the Simon case.  Ciolino claims Simon was ‘paid thousands of dollars’ and witnesses interfered with by these anti-Innocent Project forces. 

The Murder in the Park documentary, asserts there are many other cases where ‘the wrong man is imprisoned and the right one was freed, which Ciolino claims is defamatory.  He highlights the letter to Simon’s lawyers in which he states he killed Hillard in self-defence and Green by accident.  Ciolino’s new lawsuit is described as ‘frivolous and without merit’ (Prieb) and ‘so false as to be sanctionable’ (Ekl)

Simon had alleged Ciolino impersonated a police officer and used actors as fake eye witnesses.  He claims Ciolino said if he confessed, he’d get a shortened sentence by claiming ‘self defence’ and avoid the death penalty.  He was also ‘promised large sums of money from book and movie deals’ if he played along, the suit alleges.

Paul Ciolino Acknowledges a Vacated Conviction Does Not Mean ‘Exoneration’

If this illustrates anything, it’s that Innocence Projects running parallel to the US legal system can cause all sorts of chaos and confusion.  In effect, Alvarez the State Prosecutor having freed Simon, is now refusing to vacate his conviction.  The Innocence Project does not see a vacated conviction as an ‘exoneration’ as evidenced by Ciolino suing for defamation on the grounds that ‘Simon is guilty after all’.

If a vacated conviction does not mean exoneration to people like Ciolino, then people like Ryan Ferguson, the West Memphis Three and Amanda Knox, whom the Innocence Projects spearhead as their ‘Star Exonerees’ are gods with clay feet standing on a false pedestal.

It calls into question the integrity of Innocence Project lawyers, such as Kathleen Zellner, who is said to earn more than $12m per annum as a conservative figure.  The last published Annual Report of the Innocence Project shows a turnover of $26m, with a surplus gain of >$3m in the ‘not-for-profit’ org in 2016.  Zellner is famous for obtaining ‘death bed’ confessions from prisoners on Death Row taking the rap for the alleged crimes of her clients, thus securing their release.

8. My Conclusion About This Above

Given these pressures and these possibilities for mismanagement, what of the IP’s illegal intervention into the case in Italy? What of the false touting of an “innocent” Knox? What of the trashing of Italian justice, in witting or unwitting harmony with the mafias?

Another IP trainwreck waiting to happen. And happen it did.

9. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Monday, March 12, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #1

Posted by Hopeful



Jason Flom, Amanda Knox

1. Series Overview

Barry Scheck’s Innocence Project quite openly admits to bending the 2011 appeal via collaboration with the “independent” DNA consultants.

Anyone who thinks Idaho IP representative Greg Hampikian’s seemingly illegal involvement in the court-ordered DNA re-testing was somehow competent and truth-based should read KrissyG and James Raper for two blasts of reality.

Beginning early in 2014 (soon after the Florence Appeal Court reaffirmed Knox’s guilty verdict and a whole year prior to the Supreme Court outcome) the Innocence Project clutched Knox firmly and propelled her onto the elite speakers’ circuit. It has repeatedly used her since as a keynoter and potent draw for attendees and presumably for funding too. 

Knox’s speaking career would have gone absolutely nowhere if Barry Scheck & Co had not promoted her with such manic enthusiasm. They still remain unencumbered by comprehensive due diligence or a fact-based narrative. Much simply seems unknown. Trashing Italy is apparently just fine.

Late next month at an Innocence Project “gala” in Kansas City Knox will yet again be an IP keynote speaker.

2. The Jason Flom Podcast

Jason Flom is a founding board member of the Innocence Project. As the sharp eyes of our main poster Guermantes picked up, Flom interviewed Knox in January 2017 for a podcast: The Wrongful Conviction of Amanda Knox.

Flom seems to have done little or no homework. Most of these posts predate this interview. So an open-minded interviewer not toeing the self-serving IP party line could have avoided the naivety and manipulation we can see here.

Knox tells Flom the Perugian investigators (actually the highly respected national elite) were like children pretending to process a crime scene but making major mistakes. Her tone of voice suggested mockery and ridicule of them playing at being forensic scientists.

Flom laps up this nonsense unquestioningly. However Knox’s lies to Flom were mainly of omission, so much that she didn’t want to speak of and that Flom could not even comprehend.

When he asked her why she was targeted when several other people were at the cottage the morning the police arrived (Filomena, her boyfriend, Raffaele) Knox explained that her behavior didn’t impress police as that of an innocent person because she was kissing Raffaele and being comforted in the yard of the cottage.

There is no special sign that she was targeted. And she omits a mountain of other behavior. She refuses to tell Mr. Flom of her highjinks in the Questura, her tongue sticking out, her cartwheels, or her thong-buying visit to Bubbles, nor of her skipping the memorial service for Meredith in the days after the death. None of that escapes her lips.

She does pretend some indignation about Rudy Guede the “real killer”. Mostly she talks of every single sad emotion she endured in the 8 months of incarceration before she was charged with murder.

She mentions Meredith throughout the interview very little. She seems to be mostly swept up in memories of how she was robbed of hope behind bars, and she revels (this was 2017) in how a few persons who first thought her guilty have been convinced by more recent media that she is innocent and have apologized to her. She ascends skyward on such thoughts.

Her main concern seems to be with her public image and her power to con the world.  It becomes evident when she narrates to Flom her morning at the cottage in the hours before Meredith’s body was discovered, when she first entered the cottage saying the door was wide open and she was there alone to take a shower before proceeding to go to Gubbio for the weekend with loverboy, that she was in a deep mental quandary as to the meaning of the open door, the small bits of blood in the sink (she emphasized to Flom how small the specks were) and the dirty toilet in a nearby bathroom that she was so greatly alarmed enough to want to slow down her trip out of town and instead bring Raf back over to see about things at the cottage and give his opinion.

She was so worried, she pretends. So terribly worried, but not worried enough to walk a few feet down the hall and open a bedroom door to see if a roommate were present and hadn’t heard her “hello, is anybody there?” Ridiculous. She also mentions that her computer was safe in her own bedroom and hadn’t been stolen but not one word that her lamp was missing… as if she wouldn’t have noticed that.

She talks much of her own humanity, that people who meet her will not judge her but will find her innocent, but if they haven’t met her in person they will assume guilt. She seems to feel that they need to be blinded by her “humanity” and give her a pass on having destroyed Meredith’s life. She says very little to Jason Flom about Raffaele, depicting him as a non-threatening puppy and their relationship before the murder as one of sweetness and a juvenile thing.

Mr. Flom suggests it was like a high school relationship between two college students, she half-way assents to his description. She said that the language barrier circumvented them from discussing deep issues, that it was mostly hand-holding and him wanting to give her perfume like Italian women wore and to show her some new store or market he had discovered.

Knox seems to hold her greatest anger and disdain (well-hidden of course unless you know this case backwards and forwards and have seen Knox’s wiles) toward Philomena. It was Philomena’s hysterics and shouts of “a foot, a foot” and the general screaming and shouting of spontaneous anguish and grief over knowing it was Meredith’s body in the bedroom, that seems to antagonize Knox the most. Imagine that, some people actually GRIEVED for Meredith and thought her worthy of a display of emotion and concern.

Knox tells Jason Flom that it was Philomena’s SIM card inside the cell phone that Meredith was using, that tied the phone to the cottage. It was Filomena’s SIM card that enabled the first police to rush to the cottage so fast, and who interrupted Knox in her little last minute cleaning scheme and that threw her out of her rhythm and almost tripped her up by arriving so quickly, perhaps that was why Knox despised Filomena so much. Also it was Filomena’s boyfriend who kicked open the door and thus sent Knox out of the cottage quickly and permanently. She seemed to show irritation with Flom when she spoke of being rousted from her house in Perugia.

She tells Flom that she believed the police when they said she was being sent to prison for her own protection, thinking she was a witness (untrue: grounds for arrest were fully explained by Dr Mignini). She said she should have realized when they put her in handcuffs that this was ludicrous, but she was naïve and idealistic.

She said she went to Japan and to Germany when she was 14 years old, and that her beloved Oma, her German grandmother, had wanted her to be an exchange student to Germany. She was taking German and Italian language classes before she went to Perugia, she said.

She seems to imply slightly that it was her father’s fault that she took the language courses rather her first love of creative writing. She said she felt she couldn’t have sold Dadddy on the usefulness of a creative writing degree, so she detoured and took the languages degree hoping to become a translator. She said that the University for Foreigners in Perugia was not demanding or rigorous at all and she was disappointed at that. (Hint hint, is she suggesting she had too much free time from studies and thus went wild due to “idle hands are the devil’s workshop”? She could easily have enrolled at the main university and gained course credits for her degree back in Seattle - as her parents believed she was doing.)

She bristles with rage at the thought of friends who suggested she change her name to deflect publicity. Never. Her ego is limitless and she wants to be herself, that is paramount.  She said her biggest fear was that she would forever have to cower in a corner. She speaks of her determination to do the opposite now that she has her freedom back and is safe to speak.

She seems sincerely grateful to people who spent their energy and time in trying to get her free from prison, and feared she might have been forgotten and left to languish behind bars. She seems sincerely moved that people who didn’t have to care about her, did so. No doubt this is the natural reaction of anyone sprung from prison cells, whether guilty or innocent.

Her main beef behind bars was that she could not sway the entire world with her words alone.  She talks a smooth line and certainly had Mr. Jason Flom in her sway. She also claimed that Meredith’s DNA had been thought to have been on the knife but that it was not (Carabinieri labs confirmed it was, so there’s another lie from Knox).

It irks me that people who question Knox won’t take time to read up on the case.

Why can’t they ask Knox about the 5 spots of her DNA mixed in Meredith’s blood throughout the cottage? Knox also laughs with Jason Flom about the impossibility of her cleaning up the crime scene, when it’s proven without question that a bloody footprint was erased that led to the footprint on the blue bathmat. Knox is lying about the cleanup.

And when Knox explained to Flom her discomfort at discovering the unflushed toilet, she tells him that Laura and Filomena were neat freaks (liked to keep a very clean house). She did not say the same for Meredith, but only mentioned Laura and Filomena being clean freaks. She did not tell Mr. Flom of her normal unflushed toilets that the long-suffering Meredith Kercher had to face daily.

Knox omits much of the truth, and twists the rest of the truth. Her best truth is whatever she can think up for the occasion. And the daffy Mr Flom swallows it.

3. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Wednesday, November 29, 2017

Netflixhoax 23 Omitted - The Case Against RS & AK Is Actually Getting Stronger

Posted by Peter Quennell




Pro-Guilt Trends

See the pointilist painting above? It consists entirely of dots. The more dots, the more it makes sense.

Justice can take its sweet time. But the global trend is for it to win out in the end. There is actually a huge industry that does what we do. Continue to harden cases dot by dot.

Primarily for that reason, opinion polls and surveys taken of the attitudes to specific crimes show that over time most of those attitudes trend toward guilt. Even Netflix can’t buck that.

Smoking Guns

This case is like that. Take a look at our new page. Created at popular request. The stark facts in any one of those posts is pretty well impossible to innocently explain away.

Eight of those 12 posts appeared - could only appear - in the past three years. New documents and new translation continue to arrive. The enormous Case Wiki and PMF and TJMK add more depth all the time. 

Media Shortfalls

This goes on despite almost no help from US and UK media, who between them barely ever translated a single word. There was some fine reporting (see next posts). But major happenings in the case often got no reporting at all.

The blatant corruption of the Hellman appeal? No report. Sollecito’s telling second trip to the Dominican Republic? No report. Guede pointing more and more strongly at the pair? No report. Knox inevitably facing charges for the defamations in her book? No report. Her 400 lies there plus many more? No report.

The final vexatious outcome from the Supreme Court, which put Knox with blood on her hands right at the scene of the crime (the whole house)? No report. Sollecito’s two losses in court this year over his damages-award claim and his book? No report.

Bad books (think of PR shills Dempsey, Burleigh, Fischer, Heavey, Preston, Douglas, and Moore - as well as Sollecito and Knox) don’t stand the test of time. They are now really easy to shoot down. In contrast strong well-documented legal takes like James Raper’s book quietly move in. The BBC airs the best report done so far.

Inflection Point

Italians are strongly pro-guilt. Especially toward Knox, widely seen as the enraged and jealous prime mover and the killer of Meredith who wielded the final stab in the attack.

So we are pretty confident that the US and UK will see an inflection point in 2018. Just sayin’ Netflix.


Tuesday, September 19, 2017

Netflixhoax 20: Longer, Better Interviews With Dr Mignini Show Clearly How Netflix Cherrypicked Him

Posted by The TJMK Main Posters




1 How Netflix Cherrypicked

First please check our previous post Dr Mignini Responds To A Reporter Misrepresenting Him About The Report.

Other British and American reporters have also tried to play “gotcha” with Dr Mignini by cherrypicking his replies when the English version comes out. The exact same trick the Netflix team played on Dr Mignini was played by KOMO TV in Seattle, CNN, CBS, and the Guardian. To all of those he later replied.

Dr Mignini was led to understand that the Netflix production team was a respected Danish group. He was not told that it consisted of several American crackpots notorious over the years for harassing reporters and justice officials around Perugia and online.

Dr Mignini was seated in front of a camera by interviewers who knew no Italian and seemingly knew very little about the case or about the version of Knox Italy saw in 2007 and 2008 before the play-acting cut in. They appeared to want only light simple titillating stuff, aimed at about 12-year-olds.

The team didn’t happen to mention that half his interview would end up on the cutting room floor - or that Amanda Knox would be given more than twice the time, to spin unchallenged a number of long-rebutted lies.

2. Netflix’s Dishonest Takeaway

The takeway of well over 100 reviewers (we will soon be posting quotes from all of them) was that (1) Dr Mignini invented a sex crime and (2) next thing Knox was convicted, based pretty well solely on that.

In the interview below, mirrored by others, Dr Mignini explains how very much more complicated than that it was to narrow down to Knox’s definite involvement. His team took into account dozens of factors and put them all in evidence.

And our interrogation hoax series shows how he handed over control of the investigation almost instantly after Knox’s arrest to Judge Matteini (never mentioned by Netflix) and numerous other judges (never mentioned by Netflix) including Supreme Court judges in 2008 who in fact took a harder line rather than releasing Knox as they could have done.

3. The Long-Form Mignini Interview

This interview came to us almost by accident. It is the full transcript of Drew Griffin of CNN and Dr Mignini. Griffin, who speaks no Italian, later tried to hide almost all of what was on the recording, and instead cherrypicked and disparaged Dr Mignini despite his courtesy in doing the interview.

Skeptical Bystander of Perugia Murder File obtained the recording. Translation was by Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

4’09’’ CNN: There have been many stories about this crime, about what people think happened. What do you think really happened?

4’20’’ Mignini: Well, I am a magistrate for the Public Prosecutor’s Office who found himself ... I was on duty at the time and thus I happened to be dealing with this matter randomly. For me it is a criminal proceeding that I dealt with, and I am currently working on it today at the appeal level.

4’49’’ What happened was that a crime was committed for which we conducted an investigation in the best way considering the situation. And there was a trial which, in the first instance, resulted in conviction with full acknowledgement of the theory of the Public Prosecutor’s Office. I know there have been books, there were also films on the subject, but this is something for which I have limited interest. My job is to be a prosecutor for the Public Prosecutor’s Office who dealt with this case. I am interested in it from this point of view, nothing else.

6’30’’ CNN: But exactly how was the crime like, what you and your assistants, I do not say [missing words: *what happened?] ... but [what] you understood, who are the murderers, and the reason for this murder?

6’46’’ Mignini: I can tell you our impression when I arrived on the scene. I arrived basically, I believe, I think around 2:30 p.m. on Nov. 2, and I found myself facing a crime that obviously looked like - this is the impression I got in the first place and it was subsequently confirmed by the investigations and the proceeding - a murder of a sexual nature, in which there was this girl who was undressed or nearly so, a young woman who was covered with this, with this quilt. And the other thing which struck us, which was of immediate interest, I said this on other occasions and I repeat it because I’ve said it also at the first trial, was the break-in. And it appeared immediately – the climbing, the simulation of climbing, with a stone thrown through the window, through two shutters that were there, that left open quite a narrow space, rather limited room between them – immediately that appeared to us to be a simulation.

8’38’’ So there was this crime of a sexual nature and a simulated burglary. That is, the perpetrators or perpetrator, at that moment we were making a preliminary assessment, was someone who attempted, that appeared to be the situation to us, he had attempted [missing words] So that appeared to be the situation, an investigation of unknown persons; whereas instead the house, the house door was completely intact, there had not been a been a breaking open, and this made us think, then, as the investigations progressed, because as investigations go, by approximation you slowly get closer to it, to the ascertaining of the facts, it was, we thought it was someone who knew the victim and had an interest in orienting the investigation toward strangers.

09’44’’ Then the investigation went on. There were other important issues ... [missing word: *facts?] that have occurred [missing words]; they remained as key aspects of ... of what is called the basis of the charge. Which, by the way, for us is not the side of the accusation; we are an office that also has the task of ascertaining facts in favor of the suspect during the investigation.

10’19’’ What struck us besides the issue of the simulation was a series of endless contradictions, of inconsistencies, in the story of the two young people, the two young people who later became suspects and then defendants. And then, in particular, the calunnia [false accusation], then, what turned out to be such, a false accusation, made by the accused against her employer, a black man, Lumumba, Patrick D. Lumumba.

10’53” Here it is, this is it. Then, the elements of which there is much talk today, the elements which consist of forensic evidence, there was also evidence. There are the fingerprints, the [foot] prints, the phone cell records. These elements are ..., especially the forensics, they arose at a later time. This means, from the beginning what oriented the investigations toward these people, and later toward the black subject, Rudy, Rudy Herman Guede, who ... [missing word?] they were, that of Herman Guede was identified through the forensic material that was found.

The two youths were, let’s say they became objects of…[missing words?] the perpetrators of the murder, based on the findings that emerged at the beginning of the investigation, namely the simulation, the contradictions found especially in Amanda’s story, especially when she tells of having spent some time in the house, having taken a shower, in spite of everything. And then the call, the behavior that they maintained, especially the girl, upon the arrival of the postal police. And then the accusation, which was obviously a false accusation against Lumumba. So all these factors then they have, they led to the formulation of these accusations against them, which were later substantiated by the results of forensic tests, scientific evidence, were made by the scientific police, that is, the scientific police, which is that at the top of the national scientific police, which operates directly under the department of Public Security of the Ministry of the Interior. We also had the local scientific police, but the one which operated was the scientific police placed under the command of Public Safety, thus at the central level.

16’34’’ CNN: Before there was the evidence from the forensic police, did you arrive at your conclusions with respect to Amanda Knox by instinct?

17’00’’ Mignini: The scientific elements were coming in, as I recall, they were coming in gradually. Now, I would not be able to tell you [missing words] ... I think, for example, that the issue of the knife, and then the sample, the genetic profile of the victim on the blade and the genetic profile of the defendant on a spot where the handle of the knife is close to the insertion of the blade, I think that was entered quite later compared to the initial investigation. But in fact the order of detention, ... which I ... which is the act by which, under which the two young people and, at the time, also Lumumba who was later released, were taken to the house of preventive detention, that is in prison. In this detention order, there was no mention of any DNA analysis [indagini genetiche], obviously.

18’08’’ There is, in the detention order and in the hearing before the Judge of the Preliminary Investigation [GIP] on the validity of the detention and then in the first months, the first weeks of investigation, that is our belief, mine and the flying squad, that the behavior of two young people and in particular, this actually is [missing words]... it was a detail that was even more obvious regarding Amanda, [we thought] was such that the two were considered involved in the crime. Thus before that, it was an initial assessment of those elements that we had at the beginning to orient the investigation toward them. Then confirmations came. And there were many elements of corroboration at the end; they were very significant, very numerous. But at the beginning we had these elements, again, in particular the issue of simulation.

20’13’’ CNN: And what was the proof, because from what we understand the scientific evidence does not point to them ... the two of them?

20’25’’ Mignini: Well, then: so now I,  to list all the evidence [elementi] that was found, it would be [missing words] on the other hand they have been mentioned in the First Instance sentence report by the Court of Assize. Mmm, then ...

20’50’’ The issue of the simulation ... The issue of the simulation, in that house just in those days, i.e. 1, 2 November, the second was a Friday, the third was a Saturday, the fourth was a Sunday, on that weekend in 2007 there was only Meredith and Amanda in the house in Via della Pergola. Since the two Italian girls were away from home: Filomena Romanelli was with her boyfriend in another part of town, she was staying there overnight, while Laura Mezzetti was in the province of Viterbo.

21’36’’ So in the house that night there was only Amanda and the victim. Amanda said she was in Sollecito’s house, which is actually a five-minute walk from the house of Meredith. Because of the distance, we must take into account the distance, you shall go to see these places, you see that the distances are very short, very limited. So who might have an interest in simulating intrusion by a stranger? Only a person who might be worried about being implicated in the crime.

There was no sign of forced entry through the front door, so this is an extremely significant element. Then we have again the inconsistencies that can be detected in the statements. There is the fact, then during the investigation the homeless man, the homeless man came in, who very precisely identified the two young people, he said he saw the two basically the night between the 1st and 2nd, a few meters from the house where the crime happened, in which it was committed, presumably at a time compatible with the crime. While instead the two young people stated they had remained all the time at Raffaele’s home. There is another detail which at the beginning of the investigation [was] something that has, let’s say, intensified the elements for us; it was the fact that Raffaele at the beginning had attempted, let’s say he attempted to state that he stayed at home while Amanda had been out and she returned to Raffaele’s house I think at about two a.m.

Then this approach has been kept by Raffaele during the hearing for validation of arrest, and afterwards was abandoned as Sollecito’s defense line became more, let’s say, supportive of Amanda. But at an earlier stage Raffaele stated this position of separation between the two.

Then other elements are given by the fact, were given by the fact that the homeless man saw them on the night of the crime in a location a few steps, a few meters away from the crime and at a time shortly before the murder occurred.

There is a statement of the neighbor lady who lived nearby, who heard a scream at a time compatible with that specified, with what we thought could be the time of death of Meredith, that is between 23.30 and midnight. And this, this lady, heard footsteps, there is a whole description that now I will not repeat because it has been explained ... rather, it was described at length in the first trial, she heard the footsteps of some people who are moving, running, along the clear ground facing the house of the crime, others were running up the stairs, almost simultaneously, running on the metal stairs which are above the garage and basically end up in via Pinturicchio. I do not know if you are familiar with the city of Perugia, but I guess not. So this scream the lady heard, a terrible scream and also another neighbor heard it, at a consistent time, I repeat, and this simultaneous running of subjects on opposite sides, from different, distant areas, basically corroborated the fact that there were multiple murderers.

26’09’’ Rudy himself, in his questioning has, while remaining vague, more or less vague with respect to Sollecito, however later during the various interviews he more or less indicated quite clearly that Amanda was present.
Then [we had] the questioning, then there were questionings that were done. I remember one of them, that of Amanda in prison which was an interrogation that has made me… you asked what elements did I use to let’s say support the charge, saying in quotes the prosecution, there was also an interrogation in prison, Amanda, in inverted commas let’s say the accusation in the presence of the defense attorneys of course, and which confirmed the profound shock in which she always fell every time she had to tell what happened that night.

And then there were the results… well, fingerprints ... footprints, the footprints on the rug of the bare foot stained with blood, an especially important detail which I see many have not talked about but which is extremely important, is the mixed stains of blood in the small bathroom close the scene of crime, those of the defendant and the victim.

31’00’’ CNN: In the room [missing words]

31’05’’ Mignini: But let’s say I may reverse the issue: how do you explain the DNA, the genetic profile of the victim on the knife found in Sollecito’s house, together with the genetic profile of the defendant located at the area of the blade [possibly meaning: handle] where force is applied, not where you cut…

31’40’’ CNN: Are you sure that one was the knife?

31’44’’ Mignini: That it was for us, I can say this: first you have to start from a premise: Amanda and Sollecito knew each other only since October 25. That is, we think, because this detail is very significant with respect to the relevance of this finding, since we [may just] think it was a relationship, usually we don’t think of the fact that actually they had known each other for a week. And thus this knife was never touched in conditions ... I tell you what we found in the investigation, I am talking about what we ascertained during the investigation - this knife was never touched by Meredith under normal circumstances. It was never brought to Meredith’s home, this is what the two Italian housemates say, and so why, [since] Meredith had never been to Sollecito’s house, why was Meredith’s genetic material found on the blade by the forensic police, and the genetic profile of the defendant on the spot of the handle that is where the hand would press not as you apply pressure from top down, but from back to the front, that is in a condition similar to that when you strike a blow, like this. So this…

And I have… during the first trial I tried to show very clearly that this knife, the witness, the inspector I think whose name was Armando Finzi, he’s the one who conducted the search at Sollecito’s and found this knife. And I asked: did you put on your gloves at the time, was it the first pair of gloves you were using, in that search that was the first pair of gloves, he went [there], he started the inspection, he had not touched anything else, he opened the… the cupboard where this knife was. I do not remember if he took away several, but he picked up this knife that was immediately - and thus with the gloves that he was wearing in that moment – it was immediately closed and sealed, was brought to the flying squad, where another police officer, the superintendent, I think, Gubbiotti, using the same technique, put it into a sealed container which was then carried to… was then analyzed. So this was, let’s say because I wanted this to be highlighted and I think the Assize Court says so, I wanted to show that there was no possibility of contamination by the police, by the flying squad, with regard to this item.

35’04’’ Also because, I would like this to be noted, from the perspective of Italian law, evidence of contamination must be given by the person who invokes it. This means: I found the genetic profile, you as defense attorney say ‘there could be contamination’, you must prove it. That is, the burden of proof is reversed: it is you, the one who invokes the contamination, the one who has to give evidence of it. And this evidence was never given and cannot, I think, it cannot be given. That is, the one who claims a fact must prove it, onus probandi incumbit ei qui dicit, non ei qui negat. [Translator’s note: This sentence was spoken in Latin and translates as “the burden of proof is on those who assert something, not on those who deny it”.]

36’50’’ CNN: Was it certain the genetic material was that of Meredith, and not genetic material that might be consistent with that of Meredith?

37’01’’ Mignini: No, no, it was like that. It was ascertained as such by the scientific police.

37 ‘20’’ CNN: So your detectives went into the apartment ...

37’28’’ Mignini: No, the knife was collected, then it was brought to the scientific police, it was sent to the scientific police in Rome.

37’ 40’’ CNN: Yes but your detectives entered the apartment and they selected right this very knife…

37’49’’ Mignini: I believe samples were taken from several, that is, not only that particular knife. I think, if I’m not mistaken. I think more knives were tested; however, one of those was definitely exhibit 36, the famous exhibit 36. And on this exhibit is where [a sample] was recovered from, and here it’s the scientific police that did the evaluation of that evidence and I retain, I digress. About [case] aspects, at the end of the investigation phase I asked, given the complexity of the case, the resonance of the case, I felt it was appropriate to have a colleague join me, a deputy [public prosecutor] like myself. Let me clarify, I’m not the chief prosecutor; I am a deputy prosecutor, since I’ve been presented as the chief prosecutor, but I am not the chief prosecutor. Then I requested the assistance of a colleague, Manuela Comodi, and we divided up the tasks. She has remarkable aptitude for these aspects of a genetic nature.

And so in this regard, I don’t know if you notice it in the first instance trial, my colleague did the questioning regarding the genetic aspects. I instead handled the more generic aspects of the case and aspects of a more investigative nature. This is why I remember all the details of the investigation, because I carried out the investigations of people. But for these aspects of genetics and scientific nature, we rely on the scientific police and we retain that the scientific police acted with utmost professionalism. I can recall, for example, going to the crime scene, I was at the place, and I also had to wear overalls, shoe-covers and a kind of cap, not just once but several times, at the same time when we did the inspections, ... I remember having worn many times, for example, the shoe-covers. And I had to… also because, those who worked on the scene did have their DNA samples taken as well, so there is also my DNA [sample]. Dr. Stefanoni took DNA samples of everyone to rule out in case, there could be DNA discovered belonging to some operator who had nothing to do with this matter.

40’38’’ Therefore, I have the utmost confidence in the scientific police because the top of the scientific police in Italy, especially Dr. Stefanoni who acted with great professionalism and these findings on the biological material were carried out in cross-examination with consultants for the defense team, always. The defense consultants, as I recall, and I was present, as far as I can remember, they had no objections if not in later analysis; they had no objection to anything at all at the time. For example, when the famous bra clasp was discovered, the defense consultants were there, for Sollecito there was a consultant who afterwards was replaced, I don’t remember his name, he was quite good, and I remember that he did not make any objections. Therefore, all these findings were carried out in cross-examination and the other parties had the opportunity to challenge what the scientific police biologist was doing, the scientific police expert in forensic genetics.

42’06’’ So I think. I distinctly remember that, in the first trial, I tried to prove that the knife had been collected with the utmost correctness. And I believe that afterwards the same thing happened in the scientific police laboratory when it was analyzed.

44’16’’ CNN: I still have trouble understanding how you can have a crime so horrendous and so bloody without two of the suspects leaving any trace.

44’30’’ Mignini: Look I should then add, it must be also said, at the time. In the bathroom of the two foreign girls, that is Meredith and Amanda, which is attached, next to the room of the murder, blood material was discovered of Amanda and Meredith, mixed. Why is this material important? It is important because in her own account told, in her own deposition Amanda makes in, I think, in early June of 2009, during the first instance trial, she says that when she left the house on the afternoon of November 1st, those spots were not there. She says so herself. So she returns in the morning, says she went back in the morning and sees those spots of blood. Those spots of blood are mixed Amanda and victim.

Also, in the small bathroom, there is a blood stained footprint, which the scientific police attributed to Raffaele, on the bath mat next to the murder room. On the corridor leading to the murder room, [and] leading to Amanda’s room, there are footprints, I’m not sure now, there are even in Amanda’s room, I think, there are footprints that were attributed to the two youngsters by the scientific police, of feet stained in blood. And, by elements, there is also a print of shoe and that one, was inside the murder room. Elements there are, that is, how to explain the presence of these elements if the two youngsters were not involved in the murder, [and] stayed at home? And another detail: it is a crime, this was established at the time by the Supreme Court, then we can no longer put into question at this point, it is a crime committed by several persons. I have, during the first instance trial, I heard this line of approach, and I also opposed this approach, which extended to holding that Rudy was the only one responsible.

The “only one responsible” is not one person, but [transcription error] they are several persons and Rudy is among them. This is now procedurally beyond dispute.

48’48’’ CNN: He also wants to know if you also found [missing words], that is, Sollecito perhaps, had a few cuts, did you check to see if he had any cuts?

48’56’’ Mignini: The…yes. Well, now: Laura Mazzetti, that is the Italian girl from Viterbo, [said] that it was a scratch, however, she remembers having seen on Amanda’s neck, she told this account and afterwards was also heard [as a person informed], it’s sort of a scratch just few days later, I think it was three or four days, she remembers seeing this scratch on Amanda’s neck that had been also seen, I think, by one of the boys from the Marches region. And in one of the photos taken during the house search by police, I think it shows something. Nevertheless, Laura Mazzetti indicates the presence of a scratch or something like a scratch. That is, she remembers seeing that Amanda had this little injury to the neck.

50’20’’ CNN: None of your investigators noticed it?

50’25’’ Mignini: The investigators did not notice it, because at the time, Amanda kept herself covered, she was, as described by the shopkeeper Quintavalle, covered up. However, Laura Mazzetti saw it and it was also seen, I think if I’m not mistaken or was said, by the young guy from the Marches who was living downstairs.

This girl saw it [the scratch/mark] and she stated this later in the courtroom. Moreover there is even a photo.

51’44’’ CNN: Knox was in contact with the police for several days after the murder. She was interrogated. Was she always wearing something that covered her neck?

52’00’’ Mignini: I think so, to be fair, this was a mark that it was not very visible. Laura Mazzetti said she saw it well. Keep in mind also that we did not focus on it automatically, because it was not like a visually striking mark. She was questioned like Raffaele Sollecito and like all the people who were more or less, that had to be questioned in those days, after the murder, a long series of people were questioned, among which the [girl] friends of Meredith, the English girls she was with the evening of Nov 1 and the night before Oct 31. And, among these people who had been questioned, also several times, Amanda and Sollecito were questioned, Amanda in particular was questioned several times: the evening of the 2nd, 3rd, 4th and then on the evening of 5th and the morning, or early hours of the 6th. But look, what I wanted that [??], just for the purposes of explanation, that under Italian law, we must take into account the totality of the findings.

Therefore there is the scientific evidence, there are statements made by people, examination of witnesses, there is the formal interrogation, there’s the conduct of the accused. All of these elements, it is not only the genetic aspect that comes into consideration. The genetic aspect [is], together with many others, must be altogether; it is a whole spectrum of various findings, which should converge towards an affirmation of a reality that is undisputable. This is how it should be, this is important from a judicial point of view. So it is not that the proof consists of the genetic evidence; it is not like that. There are items of proof from witnesses, there is the fact that there couldn’t be only one perpetrator, and this is now indisputable, and one of the positions of the defense of the two suspects always tended to say there was only one murderer who committed the deed, who climbed through in that totally absurd way, [that’s] not credible.

56’10’’ CNN: About Amanda’s interrogation, on the fifth day, what was it is that triggered you, made you begin to feel suspicious, and led you to conduct a more aggressive interrogation?

56’26’’ Mignini: I see you don’t… so, I’ll repeat to you what happened. On the evening of November 5th, the police were going to question Sollecito, and on the evening of the 5th, as I was saying before, the attitude of Sollecito at the beginning was an attitude of, let’s say, different than the one he would assume later, meaning a defense line supportive with Amanda’s; at that moment, he had a different position. That is, on the evening of Nov 5th. Sollecito made a statement saying “I was at home, Amanda wasn’t”. Amanda at that time had followed; she had accompanied Sollecito to the police station and she waited outside [of the room]. As the police heard this version of Sollecito’s, who basically, Sollecito ... with that statement, also this approach by him in practice more or less had become part of the process too, as Sollecito made this statement, the police became suspicious.

That is: why did Sollecito tell us this, and why is he now telling us that Amanda was not home with him? So then they called Amanda, and Amanda was heard by the police as a person not under investigation, thus with no defense attorney, because the person… the witness, the person informed of the facts during the investigation – is not called a witness, he is called a person informed of the facts - she was heard by the police who pointed out to her, they confronted her with this question: why is Raffaele saying something else? Now you say you were with him and Raffaele says you were not there, that he was at home and you were not there? This is the point.

58’44’’ So she did, she was heard in a way, let’s say for long enough, I cannot remember for how long, in the earliest morning hours of November 6, 2007. I was not there when Amanda was interviewed by the police. I was, perhaps I was coming, because I had been called by the director of the flying squad that night. I do not remember what time I arrived at the flying squad, but I think that… I think I got there, maybe I arrived when Amanda’s questioning had already started. But the flying squad is pretty big; I was not in the room where Amanda was being questioned, but rather in the office of the director of the flying squad. We were talking about the investigation and were trying to plan the investigation for the coming days. So now, at some point, they call me, if I remember correctly, they inform me that Amanda had given the name of Lumumba, she had basically confessed that she was at the crime scene in the company of, with Lumumba, whom she had let into the house, that is it. Now I go on, I wanted to explain how I operate. So it’s not me, I did not do the questioning.

Further posts of the CNN interview which then moved on to later events can be read here and here. There is another significant interview here.

As Netflix “forgot” to tell you what actually happened at Knox’s session ending at 1:45 am which Knox lied about see here.

And as Netflix “forgot” to tell you what actually happened at Knox’s session ending at 5:45 am which Knox lied about see here.

Put this long-form interview about the first few days up against what you may have seen on Netflix, and tell us if the impression gained is the same, or like night and day?

Posted on 09/19/17 at 10:59 PM by The TJMK Main PostersClick here & then top left for all my posts;
Right-column links: Crime hypothesesMignini interviewsThe officially involvedThe prosecutorsEvidence & witnessesReal crimesceneThe pack attack
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Thursday, April 27, 2017

Multiple Attackers and the Compatibility of the Double DNA Knife (Exhibit 36)

Posted by James Raper

Our YouTube whiz DelPergola’s video of November 2010

Ed note: This evidence area is enormously compelling - but also emotionally difficult. It is why initially we did not publish our translation of the Micheli Report. And why a quarter of the trial was behind closed doors with the media excluded. That well-meaning decision has bedeviled the case ever since, because only the jury and others in court then - including the white-faced and tongue-tied accused pair - were exposed to the full power of the prosecution testimony.

Material from some of my previous posts on TJMK (link at bottom here) was incorporated into my Justice on Trial book. From Chapter 15, this is the second of several posts setting out further material.

Before looking at the forensic evidence, which is the final theme I identified earlier, it will be helpful to take into account the wounds suffered by Meredith, and whether these suggest anything as to the dynamics of the murder, and whether any of them were compatible with the knife recovered from Sollecito’s kitchen, Exhibit 36, called the Double DNA knife because the DNA of Meredith was found on the blade and the DNA of Knox on the handle.

As mentioned earlier the autopsy was carried out by Dr Lalli.

It was observed that there were no significant injuries to the chest, abdomen or lower limbs.

The significant elements in the examination were described as follows :

A fine pattern of petechiae on the internal eyelid conjunctive.

The presence of tiny areas of contusion at the level of the nose, localised around the nostrils and at the limen nasi [threshold of the nose].

Inside the mucous membranes of the lips, there were injuries compatible with a traumatic action localised in the inner surface of the lower lip and the inner surface of the upper lip, reaching up to the gum ridge.

Also found on the lower side of the jaw were some bruising injuries, and in the posterior region of the cheek as well, in proximity to the ear.

Three bruising injuries were present on the level of the lower edge of the right jaw with a roughly round shape. In the region under the jaw an area with a deep abrasion was observed, localised in the lower region of the middle part at the left of the jaw.

Once the neck had been cleaned it was possible to observe wounds that Dr Lalli attributed to the action of the point of a cutting instrument.

The main wound was located in the left lateral region of the neck. A knife would be compatible provided it had one cutting edge only which was not serrated. The wound was 8 cms in length and 8 cms deep. The width could not be measured because the edges had separated due to the elasticity of the tissues both in relation to the region and to the position of the head, which could have modified the width. The wound had a small “tail” at the posterior end. The wound penetrated into the interior structure of the neck in a slightly oblique direction, upwards and also to the right.

Underneath this large wound, another wound was visible, rather small and superficial, with not particularly clear edges, “becoming increasingly superficial until they disappeared”, in a reddish area of abrasions. The knife had penetrated both Meredith’s larynx and the cartilage of the epiglottis, and had broken her hyoid bone. A consequence of that damage is that Meredith would be unable to vocalise, let alone scream.

There was also a wound in the right lateral region of the neck, also attributed to a pointed cutting instrument. This was 4 cms deep and 1.5 cms wide (or long). It had not caused significant structural damage.

The presence of two relatively slight areas of bruising, with scarce colouring and barely noticeable, were detected in the region of the elbows.

On Meredith’s hands were small wounds showing a very slight defensive response. A small, very slight patch of colour was noticed on the “anterior inner surface of the left thigh”. Another bruise was noticed on the anterior surface, in the middle third of the right leg.

The results of the toxicological analyses revealed the absence of psychotropic drugs and a blood alcohol level of 0.43 grams per litre.

Tests of histological preparations of fragments of the organs taken during the autopsy were also performed. They revealed the presence of “pools of blood” in the lungs.

The cause of death was attributed to asphixiation and loss of blood, the former being caused by the latter.

There was nothing in the pathology which confirmed that Meredith had been raped, though we should recall that Guede’s DNA was found on the vaginal swab, though not of a spermatic nature. For Massei this was confirmation that she had been subjected to a sexual assault.


—————————————


There was argument in court as to whether Exhibit 36 was compatible with the main wound. There was no dispute amongst the experts that it could not have been responsible for the wound on the right. The knife had an overall length of 31 cms and the length of the blade from the point to the handle was 17.5 cms. The width of the blade, 4cms from the point, exceeded the width of the right hand wound. The wound on the right was more akin to a pocket knife, or perhaps a flick-knife.

I shall look at the arguments advanced by the defence as to why the knife would not be compatible in a moment, but before that there is a simple logical point as to incompatibility based on measurements.

A knife would only be incompatible if the length of the wound was greater than the length of the blade of the knife, or if the width of the wound was less than the width of the blade. Exhibit 36 was therefore a priori compatible.

On this basis I would also have to concede that a pocket or flick-knife is not a priori incompatible with the main wound, unless (though we would not know) the length of it‘s blade did not exceed 8 cms.

It should however be recalled that the width of the left side wound was also 8 cms. That is over 5 times the width of the wound on the other side of the neck. The width of the blade on Exhibit 36, 8 cms from it’s tip - and being approximately 3.5 cms wide- was over twice the width of the blade on the “pocket knife”. This fact, and the robustness of the larger weapon, particularly with regard to the observed butchering at the base of the left-sided cut, makes Exhibit 36 a far more likely candidate, in my submission, than a “pocket knife“, and that’s without taking into account Meredith’s DNA on the blade.

We can also enter into a numbers game as regards the experts (8 of them) who opined on compatibility. Massei tells us that Dr Liviero concluded “definite compatibility“, Dr Lalli and Professors Bacci and Norelli “compatibility” whilst “non- incompatibility” came from the 3 GIP experts nominated at a preliminary hearing. The latter were Professors Aprile, Cingolani and Ronchi.

As far as I am concerned “non-incompatability” is not hard to understand. It simply means compatible.

Professors Introna, Torre, and Dr Patumi, for the defence, opined that Exhibit 36 could be ruled out. Their argument was twofold. First, the length of the blade was incompatible with the depth of the wound had the knife truly been used with homicidal intent. Indeed, if it had been thrust in up to the hilt then the point would have exited on the other side of the neck. Secondly, they said that the smaller wound or the abrasions beneath the main wound, mentioned earlier, were in fact caused by the hilt of a knife striking the surface of the neck. Obviously if that were so then the main wound was not caused by Exhibit 36.

Their argument does not consider, because we do not know, what may have been the actual dynamics of the knife strike. We cannot know what was the cause of the underlying wound or the reddish area of abrasions. As to that wound it may have been the result of the knife edge being run across the surface of the skin and the abrasions may have had a different cause in the prior struggle for which there is ample evidence. Hence their argument seems very weak. 

We cannot leave the topic without considering that there may have been more than two knives involved. This possibility arises from the evidence of Professor Vinci, for the defence. He considered blood stains that were on the bed sheet in Meredith’s room. These stains very much resembled the outline of a knife, or knives, laid to rest on the bed sheet.

It was Professor Vinci’s contention that the bloody outlines (a dual outline from the same knife he said) was left by a knife with a blade 11.3 cms long, or a knife with a blade 9.6 cms long with a congruent blooded section of handle 1.7 cms long (9.6 + 1.7 = 11.3), and having a blade width of 1.3 to 1.4 cms.

Taking these measurements as read they may seem incompatible with a pocket knife (such as Sollecito had a proclivity to carry) and they certainly are as regards Exhibit 36. It follows, he argued, that one has to infer the presence of a third knife in any hypothesis and if a pocket knife and Exhibit 36 are already accounted for by Knox and Sollecito then a reasonable inference is that the third knife would have to be Guede’s. Professor Vinci’s blade is not incompatible a priori with either of the two wounds.

The problem, and without going into detail on the matter, is that Professor Vinci’s contention and measurements are somewhat speculative depending on what one thinks one sees in the stains. It is rather like reading tea leaves. One could just as well superimpose Exhibit 36 over the stains and conclude that it was responsible for them.

Massei only briefly commented about the bloody outlines on the bed sheet. He opined that the blood stains were certainly “suggestive” but insufficient to establish any clear outlines from which reliable measurements could be established. Clearly then he did not accord any reliability to Professor Vinci’s measurements.


—————————————————-


We can now turn to the issue of whether Meredith’s injuries tell us anything about whether her attacker was a “lone wolf” or not.

Massei believed that Meredith’s injuries lay at the heart of the matter. It seemed inconceivable to him that she would first be stabbed twice and that she would then be strangled. The amount of blood, being very slippery, would make maintaining pressure on her throat difficult. So Meredith was forcibly restrained and throttled first. The hypothesis of a single attacker requires that he continually modify his actions, first by exercising a strong restraining pressure on her, producing significant bruising, and then for some reason switching to life threatening actions with a knife, thereby changing the very nature of the attack from that of subjugation to that of intimidation with a deadly weapon, and finally to extreme violence, striking with the knife to one side of the neck and then to the other side of the neck.

Massei described the first knife blow, landing on the right side of her neck, as being halted by the jawbone, preventing it from going any deeper than the 4 cms penetration. The court considered that this was an action to force Meredith to submit to actions against her will. The same hypothesis could also, of course, in view of the injuries to the jaw, apply as to the lack of penetration with Exhibit 36 on the other side

What surprised Massei about Meredith’s wounds was that in spite of all the changes in approach during the attack she somehow remained in the same vulnerable position, leaving her neck exposed to attack.

Massei paid particular attention to the paucity and lack of what can be regarded as defensive wounds on her hands by comparison with the number, distribution and diversity of the impressive wounds to her face and neck. He found this disproportion to be significant, particularly with regard to what was known about Meredith’s physicality and personality.

Meredith was slim and strong, possessing a physicality that would have allowed her to move around with agility. She liked sports, and practiced boxing and karate. In fact she had a medium belt in karate. She would, had she been able to, have fought with all her strength. How then would a single attacker have been able to change hands with a knife to strike to both sides of her neck, let alone switch from one knife to another? He would have had to release his grip on the victim to do that, unless she had wriggled free and changed position, in which case he would have to subdue her all over again, but this time, if not before, she would be ready.

Since the attack was also sexual in nature, at least initially, how could a single attacker have removed the clothes she was wearing (a sweater, jeans, knickers and shoes) and inflicted the sexual violence revealed by the vaginal swab, without, again releasing his grip? It might be suggested, as the defence did, that Meredith was already undressed when the attack began, but for this to be the case one of three possible alternative hypotheses has to be accepted.

The first is that Guede was already in the flat, uninvited, and un-noticed by Meredith, which can only mean that the break -in was genuine but un-noticed by her. The second is that Guede was there by invitation and that their relationship had proceeded by agreement to the contemplation of sexual intercourse when Meredith suddenly changed her mind, unleashing a violent reaction from Guede. The third is that, having been invited in Meredith then thought that he had left, although he had not.

Having looked at the staging we can surely rule out the first hypothesis. As to the second, it does not fit with what is known about Meredith’s personality and the relationship she had been developing with Giacomo. As to the third it is difficult to imagine that in a small flat Meredith would not have checked before securing the front door and preparing for bed.

Massei found it was highly unlikely that one person could have caused all the resulting bruises and wounds by doing the above, including cutting off and bending the hooks on the bra clasp. The actions on the bra clasp alone would necessitate someone standing behind her and using a knife to cut the straps, requiring the attention of both hands from her attacker, during which time Meredith would have had the opportunity to apply some self-defence. It has to be conceded though that this could have happened when she was concussed, though there is no persuasive physical evidence of a concussive blow, or during or after she had been mortally wounded.

Massei concluded that there was little evidence of defensive manoeuvers on Meredith’s part, which to him meant that several attackers were present, each with a distribution of tasks and roles: either holding her and preventing her from making any significant defensive reaction, or actually performing the violent actions. He concluded that the rest of the body of evidence, both circumstantial and forensic, came in full support of such a scenario. He concluded that two separate knives had been used and that one was from Sollecito‘s bedsit.

Although, at the trial, the defence had attempted to explain a scenario whereby a single attacker might have been responsible for the injuries, that there had been multiple attackers was not a scenario with which any court, other than the first appeal court presided over by Hellmann, demurred.

 


Saturday, November 12, 2016

Netflixhoax 17: Omitted - Too Many Pesky Truths, To Inflame False Notion Italian Justice Failed Here

Posted by Corpusvile



Inside Netflix’s Silicon Valley headquarters


Amanda Knox the Netflix documentary was directed and exec produced by two ardent Knox supporters, Rod Blackhurst and Stephen Robert Morse

They have been campaigning for Knox since 2011, which has included harassing real journalists who actually covered the case far more thoroughly than they did.

The movie opens with lingering almost gleeful close ups of the bloody crime scene and goes downhill from there. It begins by trying to shape a false narrative of handy villains who all seemingly came together like the stars aligning to make innocent Amanda look so screamingly, beyond a reasonable doubtingly guilty.

In the beginning, there were the cops. It was them who railroaded and coerced poor Amanda.

Then it was the nasty prosecutor, who the documentary falsely intimates took part in Knox’s trial and appeal, whereas he only took part in her trial and was one of several prosecutors. The documentary attempts to make out he’s some Sherlock Holmes fanboy nut job.

They also mistranslate him, by having him proclaim that only a female killer would cover a female victim, when he actually said that an “unknown” male killer - within the context of a supposed burglary gone wrong - would be unlikely to cover up a victim.

Then it was the ENFSI certified forensic specialist who Knox’s fan club labeled a “lab technician”. (Oddly, though, the same forensic specialist and prosecutor seemed to do a great job testifying against and prosecuting the black guy, and sogood work guys).

Then it was Meredith Kercher’s friends who conspired against The Railroaded One, then it was the innocent victim’s innocent family themselves who were “persecuting” sweet Amanda.

Now, courtesy of Netflix, the REAL villains were the tabloid media, specifically one tabloid hack, Cockney wideboy Nick Pisa, who comes across like I’d imagine Danny Dyer’s dad would come across as and is quite hilarious, albeit totally devoid of any scruples as any tabloid hack worth his/her salt would.

The media, the prosecutor, the witnesses, THEY were the ones who were responsible for poor Amanda’s woes (and not the 10,000 pages of behavioral, circumstantial and hard physical evidence against her which the documentary brushes over in a cursory manner.)

It makes out that Knox and Sollecito were in love after an alleged five day romance. I say “alleged” as Sollecito is rather inconsistent in this regard, variously claiming a fortnight, 10 days, to a week to now apparently five days. This is hammered home by shots of what I presume to be lovebirds, complete with feel-good treacle music.

Sollecito comes across as a smirking stoned weirdo, and Knox comes across as her usual creepy quasi psychopathic self, complete with crocodile tears and loud theatrical sighs.

Knox is also her usual inconsistent self and can’t seem to stop changing her story, whether it’s droning on that she and Meredith weren’t the best of friends (after droning on in other interviews that they were “dear friends”).

Or claiming that she only knew Guede to look at and had only seen him two or three times. This despite claiming that she only saw Guede for the first time ever in court (Dianne Sawyer interview) and claiming she never had contact with Guede, in her rambling eight page email to the Nencini appellate court before claiming - in a consecutive sentence no less - that she actually did have contact with him.

She proclaims it’s “impossible” for her DNA to be on the murder weapon, disregarding that it was a matter of established fact that her DNA is on the murder weapon with Meredith’s DNA on the blade.

The film makes out that Rudy Guede, the sole person convicted for Meredith Kercher’s murder, left his DNA all over the crime scene, with funky arrows pointing here, there, and everywhere. The problem is this simply isn’t true. Rudy Guede was convicted on less DNA evidence (five samples) than Amanda Knox (six samples).

The documentary also displays quasi racism, where trial and appellate courts can be rejected for innocent Amanda, but innuendo is sufficient for black guys, as Knox lies in the documentary that Guede is a known burglar.

The documentary happily facilitate this lie by obligingly showing a mugshot of Guede with the intimation that it’s a mugshot for burglary. The problem again is, this is simply untrue. Guede has no burglary convictions, and indeed was the only one out of the trio with no prior criminal record before Ms Kercher’s murder.

Knox and Sollecito both had minor run-ins with the law resulting in fines. Guede was never even charged with the burglary, and even the acquitting court decreed that the burglary was staged, as in staged in another flatmate’s room where Amanda Knox left her presumed blood DNA mixed with the murder victim’s and where no trace of Rudy Guede exists.

Knox also claims that no biological traces of her exist in one localized area of the crime scene, specifically Meredith’s bedroom, yet ignores that by such a rationale Guede couldn’t have committed the burglary.

Knox also claims that Guede acted alone, but no court decreed this, and she claims that he broke into her home when Meredith was present, neglecting to explain how Meredith never heard the 4 kilo rock hurling through Filomena Romanelli’s bedroom and why she obligingly did nothing while Guede shimmied 13 feet up a sheer wall TWICE.

The documentary, apparently not content with trying to match the record of most lies ever told in a single documentary before, then breezily attempts to surpass such a record, by introducing the film’s saviors, Stefano Conti and Carla Vechiotti, as “independent forensic DNA experts”.

Conti hypothesizes, like he did in court, that anything is possible. It’s like totally possible that contamination could have occurred, therefore it…  DID occur. Basically a hypothesis on the basis that “anything’s possible” supersedes actual submitted evidence.

Vechiotti not to be outdone promptly contradicts Conti by attacking Low Copy Number (LCN) DNA as a science. Basically he claims Meredith Kercher’s DNA profile on the murder weapon (found in Sollecito’s flat, causing him to lie in his diary as to how the DNA got there by claiming that Meredith had cut herself cooking while at his apartment; but Meredith had never visited Sollecito’s apartment) is so tiny that it should be discarded and ignored.

LCN DNA is however now accepted by courts of law worldwide, including in the State of New York USA. Vechiotti also admitted in court that it was Meredith’s profile, and that contamination couldn’t have occurred due to the six day delay between testing.

She does a u-turn on the documentary though, claiming that contamination was likely due to Meredith’s profile being LCN and so small, despite testifying the exact opposite where it mattered the most, in court.

Problem is, Conti makes the contamination hypothesis for the bra clasp, only Sollecito’s DNA found there isn’t LCN, it’s a 17 loci match, with a US court considering between 10-15 loci sufficient enough to be used as evidence.

The doc also fails to explain how his DNA ended up only on the tiny bra clasp in such abundance and nowhere else apart from a cigarette, but mixed with Knox’s. So, too small for the knife, and hey, anything’s possible for the bra clasp.

They also make a big thing about the bra clasp lying in a sealed crime scene for 46 days, yet don’t mention that two samples of DNA evidence used to convict Guede (Meredith’s sweatshirt and purse) also lay there for 46 days. I guess there’s different burdens of proof bars for black guys.

However again the problem is that all of this (yep, again) is simply untrue. Conti and Vechiotti are not experts in forensic DNA or ENFSI certified.

Carla Vechiotti is a pathologist. Her lab at Sapienza University was shut down due to atrocious hygiene practices including honest to God corpses being strewn about the halls, I kid you not.

Conti’s expertise is “computer medical science”...whatever that’s supposed to be. Nor are they independent. Conti and Vechiotti were found “Objectively biased” and “Objectively deceptive” in court by the Nencini appellate. Specifically because Vechiotti falsely claimed that the technology did not exist to re-test the murder weapon. It did indeed exist in 2011.

Vechiotti was also filmed by the BBC shaking hands with Sollecito’s father in court, no less, hardly appropriate behavior for so-called independents. Vechiotti has also been found guilty of criminal misconduct in a separate case, and was fined €150,000 for screwing up in yet another separate case, known as the Olgiatta murder.

You’ll notice in this review how I’ve rarely mentioned the victim Meredith Kercher. That’s because she barely gets a mention in this sad excuse for a documentary. Not even an RIP.

Meredith, the victim is relegated to a mere footnote and indeed a foot under a duvet.

The doc does use archive footage of her mother, Arline, and intimates that she herself is having doubts, whereas the Kerchers have made very clear on several occasions that they know who murdered their daughter.

Reprehensibly, the doc also displays close up autopsy photos of Meredith, yet the autopsy photos were never made public.

Considering only the Kerchers (who didn’t take part in Netflix’s PR makeover) and the defence - and by extension the two former defendants - had access to such material, this begs the very pertinent question: who provided two ardent Knox supporters with autopsy photos of the murder victim?

The filmmakers should be ashamed of themselves for this alone, utterly contemptible behavior which comes across as needlessly and despicably taunting the victim’s family, and at the very least exploiting their daughter and sister purely for lurid effect to make their documentary more “gritty”.

So what’s the verdict on Amanda Knox the documentary?

Well, it’s a terrible, false and ultimately immoral exercise in innocence fraud, and here are some more of the facts that Knox’s PR infomercial left out:

1 The Supreme Court’s acquitting report states that Amanda Knox was present during Meredith’s murder and may even have possibly washed the victim’s blood from her hands afterwards but it STILL can’t be proved that she did it, which begs more questions, namely why didn’t innocent Amanda call the cops for her friend and why wasn’t she charged as an accessory at least? (The same Supreme Court did not make the same allowance for the black guy though, had he washed the victim’s blood from his shoes for example.) The court also states that there’s “strong suspicion” that Sollecito was there.

2 The Supreme Court’s acquitting report states that the burglary was staged.

3 The Supreme Court’s acquitting report states that Meredith was murdered by three attackers and that Guede had two accomplices. (And you really don’t have to be Stephen Hawking to figure out who these two accomplices were, when you view the evidence in its totality)

4 The Supreme Court’s acquitting report states that Meredith’s murder was NOT due to a burglary gone wrong.

5 The Supreme Court’s acquitting nonetheless finalizes Knox’s calumny/criminal slander conviction, which she was handed for falsely accusing her innocent employer of rape and murder, leaving him in prison for two weeks, and never retracting her statement, despite false reports that she did, meaning that Knox’s status is still that of a convicted criminal felon.

6 In finalizing Amanda Knox’s calumny/criminal slander conviction, the Supreme Court’s acquitting report states that Knox blamed her boss to protect Rudy Guede as she was afraid that Guede could “retaliate by incriminating” her, which of course begs some more very interesting and pertinent questions, such as how could Guede incriminate innocent Amanda to begin with?

7 The Supreme Court’s acquitting report does NOT exonerate Knox, it acquits her due to “insufficient evidence”,like Casey Anthony, OJ Simpson and that nice man Robert Durst now back on trial.

The Truth is Out There, as a fictional 90s FBI agent who investigated strange stuff once mused. The truth in Meredith Kercher’s case is out there too, specifically in the Massei and Nencini court reports.

Never have I seen a case where such overwhelming evidence existed and where all the primary sources and court reports are fully available, only for such false reporting and fawning (and equally false accounts abound). It’s like the mainstream media have collectively turned into the robotic town of Stepford.

Yet the truth often has the strangest habit of coming to light, often when we least expect it to shine. I have hopes it’ll shine in Meredith’s case, in time. The supporter fanboy filmmakers are fooling nobody who is familiar with Meredith’s case, and neither are Amanda Knox or Raffaele Sollecito.

RIP Meredith Kercher, who along with her stoic dignified family (who have been subjected to absolutely abhorrent abuse and attacks by Knox’s supporters online) and Knox’s employer Patrick Lumumba are the only victims here.

May the truth shine in your case one day and the facts and truth come to light.


Wednesday, October 05, 2016

Netflixhoax 8: Omitted - Honest Picture Of Sleazy Production Team, Hard Facts That Challenge Them

Posted by Ergon


Netflix’s Amanda Knox is an extreme example of misleading bias by cherrypicking. This post is another in our ongoing series, the mothership for material for this media-friendly page online soon.



I saw the film at the Toronto International Film Festival. As a passionate lover of movies and documentaries, I respect the right of ANYONE to create a documentary or film through the prism of their own POV.

On the other hand, they owe us, the audience, a modicum of honesty in their reporting. Otherwise, as some one once complained about deceptive editing and reporting in one of Katie Couric’s documentaries, it prevents “democratic discourse” and this is what we ask.

By all means, engage with us, but do so honestly.

Having followed the case for many years as well as attending the earlier Supreme Court hearing in 2013 I can add the following:

  • Rudy Guede’s lawyer Valter Biscotti had a lot more to say about his client being convicted ‘in conjunction with others’. This was edited out, as well as the caption Knox put alongside her blog when she posed with a machine gun, “The Nazi Within”.  Something the media reported correctly at the time, McGinn and Blackhurst not.

  • The Producer Stephen Robert Morse hid his involvement in the project with Brian McGinn and Rod Blackhurst since 2011. They had ALL made inflammatory comments in favour of Amanda Knox over the years, with Morse hastily deleting some (but not all) as the Netflix sale came up.

  • He even called Nick Pisa “a piece of shit” in Perugia in 2011. It was the reputable Danish production company head Mette Heide that approached Mignini and Pisa, who didn’t know of Morse’s involvement, but that gives the background to this biased ‘documentary’ and why some may feel it is less than fair or balanced in its portrayal of the protagonists.

  • Mignini was referring to the Monster of Florence case when he talked of people coming up to shake his hand, the film makes it look like they were congratulating him for putting away Amanda Knox.

  • He was referring to it being an inside job when he said an “unknown” man (edited out to make him seem misogynistic) would not have covered Meredith with a blanket.

  • The film emphasized his Catholic beliefs to make it seem he was making a moralistic judgement about her. As he pointed out, the evidence was somewhat overwhelming. It also made it seem like his love of Sherlock Holmes was proof of him following a hunch. Um, that’s what investigators sometimes do, especially when faced with the numerous prevarications and failed alibis of Amanda Knox. Obscuring the evidence to match your narrative is dishonest to the extreme.

  • The ‘independent’ DNA experts Conti and Vecchiotti were given lots of room to claim contamination though that was never proved in court, only inferred. Also left out: Vecchiotti’s sentence for not maintaining sterile conditions in HER laboratory. Her switching a suspect’s DNA with another in one of Italy’s worst murder cases in order to falsely exonerate someone with ‘connections’. The tests had to be redone to obtain a conviction. As they make fun of Nick Pisa for ‘not fact-checking’, should they not have fact-checked before they placed her on camera?

  • The biggest laugh the Toronto audience gave was WITH Nick Pisa when he said “I mean, she’s (Knox) a complete and utter loon”.

  • This follows the Netflix template of creating reasonable doubt as it did with “The Making Of A Murder”. By over emphasizing the defense case, and ignoring the prosecution’s, it reads like propaganda.

  • This is neither fair nor balanced, nor is it original. It adds nothing to our knowledge, being a rehash of her book and numerous TV interviews, and already covered in Michael Winterbottom’s “The Face Of An Angel” in his fictionalized ‘the making of a movie within a movie’ adaptation of reporter Barbie Nadeau’s book. Oh, and producer Morse insulted HER too.

  • There were several prosecutors and numerous judges helped convict her, not just prosecutor Mignini. Nor was it an exercise in misogyny, the case was largely driven by five women: Judge Claudia Matteini, co-prosecutor Manuela Comodi, Scientific Police DNA lab technician Patrizia Stefanoni, homicide Inspector Monica Napoleoni, and Inspector Rita Ficarra.

  • This exercise in PR looks like an Amanda Knox Production, with her playing the lead role, director, producer and writer. Yet she fails to see how she comes across with her melodramatic styling and emotive pauses and outbursts. She is neither believable nor sympathetic, no matter how hard they all try.

  • Two stars out of ten for production values and slick cinematography, none for the film itself.

In the end, the picture belongs to Meredith Kercher, remembered by her family with a grieving Arline Kercher, her mother saying how she just could not understand how there could be two convictions and two acquittals; justice denied.

And a haunting video of Meredith, taken in the full bloom of her youthful promise by Amanda Knox. She didn’t want to be filmed, but as Knox admits in her book, she took the video anyway. (And included in her film).

Meredith Kercher, RIP.


Tuesday, August 30, 2016

Florence Courts Resent Mangling Of RS/AK Appeal By Cassation Now Have Ominous Ways To Re-Visit

Posted by Peter Quennell



Highrise Florence courts are just visible at left background


The Marasca/Bruno verdict setting RS and AK free has taken some hard knocks within the Italian legal community.

It is not lost on anyone that Sollecito defense lawyer Bongiorno was given special favors, including being allowed to argue unchallenged before the Fifth Chambers for some hours beyond the legal limit.

Or that the Fifth Chambers should never ever have received the appeal.

Or that the drafter, Bruno, was suffering seriously ill health at the time, and delivered a report which is largely legal nonsense.

Here Machiavelli and Catnip and most exhaustively James Raper explained many of Marasca’s and Bruno’s absurdities.

But the Florence courts are not done yet. They are still processing cases involving Knox, Sollecito, Sfarzo (a stage name, real name Sforza) and Aviello. They still sit on this potential bombshell of a case against Sollecito lawyer Maori, which explains how the Fifth Chambers acted illegally.

Other cases are also possible, and two involving Knox are still continuing in Bergamo.

Now Rudy Guede’s team of lawyers in Rome and Viterbo prison have filed an appeal against his own conviction. It is filed with the courts in Florence.

The team notes that judgments against Guede up to and including the Supreme Court’s First Chambers concluded that he had acted against Meredith only in collusion with others and not in isolation.

This could reopen the Marasca/Bruno outcome which argued that he DID act alone or at least not with RS and AK though there is massive evidence to the contrary. That judgment while final in the normal course of things cannot stand under Italian law if illegalities were entered into.

With more and more documentation being read widely, the case against Knox and Sollecito acting in collusion with Guede is coming to look as strong as it did throughout their trial in 2009.

That is the quite possible Florence outcome.

It is one that Guede might accept fairly calmly, as his fury at Sollecito is quite palpable, and he wants nothing more than to nail his fellow attacker.


Monday, January 25, 2016

Is Francesco Sollecito Forced Into Legal Aggression He Didnt Want & Which Could Rebound?

Posted by Peter Quennell




Legal Development

Francesco Sollecito is being reported as denouncing Guede and initiating actions against him - and the Republic of Italy.

What must have looked to him nicely wound up by the Fifth Chambers at the end of March last year does seem to have a pesky tendency to become unwound.

It was unwound a bit by the continuance of Sollecito’s book trial in which RS lawyer Bongiorno refused to become involved. It was unwound a bit by the charges Dr Mignini requested against the RS lawyer Maori mid-year. It was unwound a bit by the Fifth Chambers with the poisoned sting at the end of its Report.

That Motavazione as phrased could open the way to a wrongful death suit against Sollecito (and Knox) or a petition to the President. A “guilty” verdict on the numerous false claims in Sollecito’s book could open the way to civil suits.

The petition was filed today at the Court of Appeal of Florence by their lawyers Giulia Bongiorno and Luca Maori. The lawyers decided to turn to the last trial court that dealt with the process. In particular, they demanded compensation of 516,000 Euros for the detention to which Sollecito was submitted from 6 November 2007 to 4 October 2011.

The computer engineer from Puglia has always proclaimed he was not involved in the murder and was finally acquitted along with Amanda Knox.  “I can not spend my life defending myself from something I have not done ...”: Raffaele Sollecito commented on the interview… 

He was followed by his father Francesco in transmitting a statement from their home in Puglia. “Raffaele is shocked and outraged,” said Francesco Sollecito. “I am also deeply outraged. I did not even sleep last night.” The father of Raffaele - finally acquitted for a murder he always proclaimed he was outside of - criticized in particular “Guede’s attitude towards the brutally murdered girl. Guede is refuted by the procedural documents, many of which are omitted in the interview. It was denied, among other things, by Raffaele’s friends that there was a random meeting with Meredith Kercher.”

“Guede still has to explain why he was in that house and why he went to the disco after finding the body. Let us remember, Francesco Sollecito empahsized again, that he is a person definitively convicted of murder. “

No mention at all of Knox? She was the one Guede really nailed, though Raffaele was pretty firmly placed at the crime scene too.

Last year, a bombastic Raffaele Sollecito had threatened to file a suit against Italy, but his father and lawyers had wound him back. Presumably because way, way, way too much could come out. “Take care about what you wish for.” “Let sleeping dogs lie.” “Discretion is the better part of valor.” Take your choice.

But such a suit is normal and expected. It would look suspicious if it was never filed. Now the Florence prosecution may get the chance to make the case in full the Fifth Chambers never heard.

Storms In The Past

Francesco Sollecito and Raffaele Sollecito and Vanessa Sollecito are all notorious for loosing their cool.

Francesco lost it here toward Raffaele, and especially here. Vanessa lost it here and again here. Everybody lost it toward Amanda Knox. Sollecito’s own book describes that rage.

And take a look. Despite supposed “honor bound” there are dozens of examples there.

Francesco Sollecito lost it after the Hellmann acquittal when Raffaele said he and Knox were still a thing, and again when RS took off to Seattle after Knox. He lost it again when a false felony claim in Sollecito’s book was unveiled on national TV.

Bongiorno also often seems in a rage. Hmmm. A group of people in a rage, and then things go too far. Where have we heard that before?


Wednesday, January 20, 2016

Sollecito Lawyers Threaten To Sue If Guede Tells Any Lies; Dont Hold Your Breath…

Posted by Peter Quennell

Bongiorno goes overboard at end of Nencini appeal; Italy laughs


Way to ensure high ratings? Now Bongiorno threatens to sue RAI if the interview propagates any “lies”.

Sources here and here. Good luck! If she DOES sue (dont put any money on that regardless of what Guede says) the Fifth Chambers report will not be her friend and she surely knows.

She hasnt commented publicly on that report though Sollecito has been very sulky of late. She still talks as if the March verdict is the only one that stands.

At other times there have been such threats to sue. None ever happened there. Examples:

  • Bongiorno didnt sue Aviello for saying she had been offering bribes to his cellmates in exchange for their testimony to help RS despite a threat.

  • Bongiorno didnt sue Lifetime TV as threatened for the movie about Knox - the RS character barely appears, maybe that was her beef - despite a threat.

    And Mignini’s case against Maori will really put Bongiorno and Maori in a bind, if Guede doesnt do damage enough.

    Posted on 01/20/16 at 11:03 AM by Peter QuennellClick here & then top left for all my posts;
    Right-column links: Evidence & witnessesThe pack attackHoaxes against Italy5 No pack attack hoaxHoaxes re Guede33 Sole attacker hoax34 Bad guy hoax
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    Thursday, December 10, 2015

    Traitor? How Sollecito Extensively Smeared Italy In English But Of Course Not Italian

    Posted by The TJMK Main Posters




    1. Overview Of “Sollecito As Traitor” Series

    By way for example of his new Italian book, Sollecito is trying hard to make himself liked in Italy.

    An uphill task at best. Most Italians, who could follow the case a lot closer than most people outside Italy, know about all of this.

      (1) At his central-police-station interview 5-6 November 2007 and his first Matteini hearing two days later he dumped very heavily on Knox.

      (2) Throughout trial he gave Knox no help with her current alibi (that she was at his place all night) and again and again pulled out the rug from under her.

      (3) After the Hellmann outcome late 2011 Sollecito took off like a rabbit for the US (with his family soon in hot pursuit) and after Knox stiffed him tried very hard to get someone - anyone - to marry him so he could stay.

      (4) Before the Nencini verdict came out in early 2014, a panicked Sollecito took off to the north in a car and got cold feet (or was warned to stop) at the Austrian border and ignominiously came back.

      (5) Before the Fifth Chambers verdict came out in early 2015 a panicked Sollecito took off for Bari rather than remaining at the Supreme Court to find out what the verdict would be.

      What Italians mostly dont know is this. In late 2013 Sollecito’s first book - only in English - came out, and he was soon all over American TV once again sticking it to Knox.

      In the book his self-serving strategy was threefold: (1) Despite the title, point hard to Knox; (2) Point harder to Dr Mignini and the supposedly bungling, mean police; and (3) Point hardest to the official mechanisms, by lying on a grand scale, to make them out to be brutal and highly archaic at best.

      This series will lay out how Sollecito, lying and lying from what he thought would be a safe distance across the Atlantic, tried hard to make Italy look bad in the eyes of the world.

      A lot of posters contributed to the analysis of Sollecito’s 2012 English-language book on which much of the series will be based. Thanks especially to Sara, Kermit, Cardiol MD, and James Raper, who did the most work. 

      1. Sollecito’s First 20 False Claims

      We first posted a version of this analysis in May 2014. These twenty examples of felony claims all appear in the book’s preface which is only seven pages.

      Such claims continue throughout the book at approximately the same rate and they will be examined in future posts. 

      1. That Italian justice authorities took the easy way out

      This is the story of two ordinary people who stumbled upon an extraordinary circumstance, the brutal murder of a British student in Italy. Neither Amanda Knox nor I had anything to do with the crime, but we came perilously close to spending the rest of our lives in prison because the authorities found it easier, and more convenient, to take advantage of our youth and inexperience than to mount a proper investigation.  It’s that simple. And that absurd.

      No advantage was taken of them. The two stood out very sharply from all the others of similar age, and of similar inexperience (whatever that means). They did and said dozens of things in the early days that set them sharply apart.

      They were interrogated quite fairly, the Italian media was not especially hard, Dr Mignini never ever leaked, and they had lawyers and family handy at every turn after they were arrested. They each gave the authorities less than zero help - they tried to lead them off on wild goose chases, for example the false claim AK made against Patrick and dozens of other false claims, and apparently tried to finger yet another north African, Hicham Khiri, in a conversation they clearly knew was being recorded.

      A “proper” investigation was indeed done. Simply read through all the posts on the trial here in the first half of 2009, and the prosecutor’s excellent summations, and you will see what a smooth comprehensive job was done. And the Supreme Court concluded that THREE had to have been involved, from the recreation of the attack and all the wounds on Meredith’s body. Subsequent to Patrick, AK and RS and their lawyers never came within light-years of throwing real suspicion on anyone else.

      2. That the preventive custody was very harsh

      On November 1, 2007, Amanda and I were carefree students at the beginning of a cross-cultural love affair in a beautiful Umbrian hill town. Within days, we were thrown into solitary confinement in a filthy prison, without access to lawyers or loved ones, accused of acts so heinous and disturbing we may never be able to banish them from our thoughts, or our nightmares.

      Raffaele was sent to preventative prison on Tuesday November 6. Capanne Prison was almost brand-new then, and far from crowded. Cells contain TVs and private bathrooms.

      All questioning had been stopped early on 6 November until Sollecito could have a lawyer present. He himself wrote to his father in his “prison diary” on November 7:  “I may see you tomorrow, at least that is what I was told by Tiziano [Tiziano Tedeschi, his lawyer at the time], who I saw today and who defended me before the judge.”

      Mr Tedeschi made no complaint about any delay in the first meeting with his new client. In Italy, a judge must determine within 48 hours whether to hold or release detained suspects. Judge Matteini did so meticulously with Tedeschi present and refused Sollecito’s release.

      3. That the prosecution and Italian media demonized the pair

      In the newspapers and on the nightly news, we were turned into monsters, grotesque distortions of our true selves. It did not matter how thin the evidence was, or how quickly it became apparent that the culprit was someone else entirely. Our guilt was presumed, and everything the prosecution did and fed to the media stemmed from that false premise.

      In the real world, the prosecution fed nothing at all secretly to the media and publicly very little, none of it self-servingly biased. Italian reporting was sporadic and very mild compared to anything one can see said daily about possible perps in the US and UK newspapers and on US TV. Besides, any coverage, which was in part deliberate in the situation as dozens of students were fleeing Perugia, had no influence on anything, neither on the investigation nor the trial.

      The Italian system is set up so media can have less influence than almost any other media on any other justice system in the world. The Micheli and Massei sentencing reports show the judges were not unduly influenced even by the lawyers right in front of them, let alone by mild media reports 1 or 2 years before that.

      4. That four years were wasted showing where the prosecution went wrong.

      By the time we had dismantled the case and demonstrated its breathtaking absurdity [in the annulled Hellmann appeal] we had spent four of what should have been the best years of our lives behind bars.

      “We” meaning the defense lawyers did very little in the annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course maybe shopping for an inexperienced and pliable business judge, and for DNA consultants who they could then spoon-feed. Much of the hard evidence they simply kept well away from in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.

      On the other hand, RS’s claim could well apply to what Dr Galati and Cassation did for the Hellman sentencing report. Dismantled the appeal verdict, and demonstrated its breathtaking absurdity.

      5. That Knox was made a target because timid Italy was scared of her.

      Amanda and I certainly made our share of mistakes. At the beginning we were too trusting, spoke too frivolously and too soon, and remained oblivious to the danger we were courting even after the judicial noose began to tighten. Amanda behaved in ways that were culturally baffling to many Italians and attracted a torrent of gossip and criticism.

      An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets. What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially funny or pretty or bright?  That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?

      Read this post by the Italian-American Nicki in Milan. To quote from it “As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public….. Amanda Knox is not on trial because she is American and therefore too “emancipated”....Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence.”

      6. That Knox and Meredith were really great, great friends.

      We were young and naive, unthinking and a little reckless. Of that much we were guilty.  But what we did not do—and could not have done, as the evidence clearly showed—was murder Meredith Kercher.

      Meredith was Amanda’s friend, a fellow English speaker in the house they shared with two Italian women just outside Perugia’s ancient city walls. She was twenty-one years old, intelligent, and beautiful. She and Amanda knew each other for a little over three weeks, long enough to feel their way into their new surroundings and appreciate each other’s interests and temperaments. I never heard about a single tense moment between them.

      Plenty of other people did know of tensions. Meredith’s family and friends all knew Meredith was finding the noisy dirty lazy loud unfocused Knox and her drugs and one-night-stands hard to take.  Her other flatmates found her hard to take. Her employer Patrick found her hard to take. His customers in the bar found her hard to take.  The Lifetime movie got this strident angle pretty straight.

      Remember, Meredith enrolled for a full academic load at the main university. Knox in sharp contrast took only one undemanding language course - which anyone could walk into - requiring maybe 10 hours of study a week.  They increasingly did less together. In fact after several weeks nobody was lining up to have anything to do with Amanda Knox.

      Seemingly unable to reverse herself, she was headed to being among the least popular of students in Perugia.  It should be recalled that the callous remarks by Amanda Knox about the death of her so-called friend Meredith included “Shit happens”, “She fucking bled to death”, and “‘I want to get on with the rest of my life”.

      7. That an intruder knew about the rent money and so murder ensued.

      Meredith, of course, suffered infinitely worse luck than we did: she came home, alone, on an ordinary Thursday night and had her throat slit by an intruder hoping to steal the household rent money.

      There is zero evidence that this was the case. Knox herself ended up with a similar amount of cash that she has never been able to explain. There is zero possibility that Guede would know that any money was lying around - or not lying around, as it was concealed in Meredith’s drawer.

      And take a look at the many images of the brightly lit house at night. There are several dozen other houses behind it in the dark which any smart burglar would have chosen first.  In 2008 two real break-ins occurred at the house - both were in the dark behind the house, which is by far the easiest place to break in.

      And how many burglars break into an occupied home between 8:00pm and 9:00pm at night? Approximately none. So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

      8. That the media got hysterical and portrayed heartless killers.

      But the roles could easily have been reversed. If Meredith’s Italian boyfriend had not gone away for the weekend and if Amanda had not started sleeping over at my house, she—not Meredith—might have been the one found in a pool of blood on her bedroom floor. That reality was quickly lost amid the hysteria of the media coverage. But it continued to hover over both of us—Amanda especially—as we sank into the legal quagmire and struggled in vain to overcome the public image of us as heartless killers.

      There was zero media hysteria. This silly claim was addressed above. Watch the Porta a Porta YouTubes and dozens of other Italian reports and try to find ONE that is not fair and cautious and mature.

      How precisely did the two struggle in vain to overcome their public image? By coming up repeatedly with stories which didnt even tally with others of their own, let alone with one another’s? They never between them made even one helpful statement which actually helped the police.  And even their respective parents strongly suspected or knew of their guilt and were all caught incriminatingly on tape.

      9. That Rudy Guede did it alone; ignore vast evidence that proves not.

      This should not have been a complicated case. The intruder was quickly identified as Rudy Guede, an African immigrant living in Perugia with a history of break-ins and petty crimes. His DNA was found all over Meredith’s room, and footprints made in her blood were found to match his shoes. Everything at the crime scene pointed to a lone assailant, and a single weapon. Guede repeatedly broke into houses by throwing a rock through a window, as happened here, and he had been caught by the authorities in the past with a knife similar to the one that inflicted Meredith’s fatal wounds.

      This is laughable. It has in fact been demonstrated in numerous ways that the attack involved multiple assailants and this was accepted by the Supreme Court.

      Sollecito’s own lawyers never forcefully argued this. They produced two non-credible witnesses in the appeal trial (Alessi and Aviello) to actually prove that Guede had some other accomplices or that several others did it. Also Amanda Knox if anything diverted attention AWAY from Guede as he did in turn from her. He wasn’t quickly identified precisely because Knox had rather credibly fingered Patrick.

      There is no proof Guede was an intruder. The trial court concluded Knox invited him in. Guede had zero proven history of break-ins or petty crimes or drug-dealing, and late in 2008 at his trial Judge Micheli became angry at such claims. Guede had no prior criminal record at all. He had only been back in Perugia for a few weeks, after an extended stay up north.  His DNA was not found “all over” Meredith’s room. A major surprise, in fact, was how few traces of him were found.

      The recreation of the crime scene and the autopsy both pointed AWAY FROM a lone assailant, not toward.  From Meredith’s wounds, it was quite evident that two and perhaps three knives had been used, and not a single weapon. What lone intruder carries or uses two or three knives?  And footprints in blood outside the door matched the feet of both RS and AK. This is why the Supreme Court confirmed Guede’s guilt only “in concorso” (with others).

      10. That the cops could have caught Guede fast, despite Knox’s frame

      Guede did not call the police, as Amanda and I did, or volunteer information, or agree to hours of questioning whenever asked. Rather, he fled to Germany as soon as the investigation began and stayed there until his arrest two and a half weeks later.

      Guede’s apprehension and eventual conviction on murder charges should have been the end of the story. But by the time Guede was identified, the police and the public prosecutor’s office had convinced themselves that the murder was, incredibly, the result of a sexual orgy gone wrong, in which Amanda and I had played leading roles. Their speculations ignited a media firestorm, inspiring sensationalist headlines across the world about the evil lurking behind our seemingly innocent faces.

      The authorities had no shred of evidence to substantiate this story line, only erroneous suppositions and wild imaginings. We had an alibi for the most likely time of death, and none of the initial forensic evidence tied us to the scene of the crime. Nothing in our backgrounds gave any hint of a propensity for violence or criminality. We were both accomplished, hardworking students known to our friends and families for our gentleness and even tempers.

      Four more untrue remarks. All three were convicted of a murder with a sex-crime element and nobody was wrongly “convinced”. Which alibi is Sollecito talking about now? He himself admits in chapter 1 (Love and Death) that they had no “real alibi”. They still have no alibis at all for the second half of the evening, neither of them, when Meredith’s murder indisputably occurred.

      Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was falsified.

      Neither of their backgrounds was squeaky clean. Both had long been into illegal drugs, the loner Sollecito had to be watched by his father and teachers, the increasingly disliked Knox had a history of doing and saying crass off-putting things. Both were lagging behind their brighter peers in their studies and Knox was taking a year off.

      11. That the prosecution fed the media a huge number of false claims.

      Yet the authorities stuck to their guns. They fed the media a steady diet of sensationalist stories of how Amanda, the promiscuous American she-devil, and I, her sex-and-drug-addled Italian helpmeet, had tried without success to drag Meredith into our depravity and punished her by plunging an outsize kitchen knife into her neck.

      Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.

      Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,

      But whereas Mr Mignini famously never leaks, the defenses are widely claimed to have leaked throughout like sieves. So did Sollecito’s own family - they leaked an evidence video to Telenorba TV, for which they were considered for trial. Even we at TJMK and PMF received several offers of juicy leaks. Here is one example of where the Knox forces leaked - wrongly in fact - and then nastily slimed the prosecution and defenseless prison staff.

      12. That the authorities had lots and lots and lots of scenarios.

      It might have been funny if the consequences had not been so devastating. Listening to the tortured language of the prosecution—“one can hypothesize that . . . ,” “it is possible that . . . ,” “one can imagine that . . . ,” “this scenario is not incompatible with . . .”—it became clear that the authorities, like the media, were treating our case with the bizarre levity of an after-dinner game of Clue, or an Agatha Christie mystery. Everyone, even the judges in their black robes, had theories they were itching to air.

      Have Sollecito and Gumbel ever before been in any other court in Italy or the UK or the US?  Every judge and/or jury has to arrive at a scenario on lines not unlike this. That is the whole POINT of having courts - to weight the probabilities in what happened in the crime.  The only difference in Italy is that the judges have to think their verdict through for weeks, and then write it all out, and then see it scrutinized by a higher court. This is hardly a requirement to be sneered at.

      Gumble and Sollecito should have studied how US and UK juries arrive at their own scenarios. Very few US and UK lawyers think they do a better job. Ask those who watched the OJ Simpson and Casey Anthony trials and bitterly criticised the outcomes. And Italy has a vastly lower rate of false imprisonment than the US does.

      13. That Italy is a medieval country with a primitive justice system.

      It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. How was it conceivable that a democratic country known for its style and beauty and effortless charm—the Italy of the Renaissance and la dolce vita—could allow two young people to be catapulted to international notoriety and convicted of a horrific crime on the basis of nothing at all?

      This is not remotely what happened. There was very far from nothing at all. Convictions in the US and UK regularly result based on evidence 1/10 or 1/100 of that here - sometimes from one single evidence point. Any one or several of maybe 100 evidence points here could have convicted them in a US or UK court.

      Italy gives defendants every possible break, and the justice system is seriously loaded against victims and their families. Read here and here.

      14. That the prosecutors office and media were in a grim embrace.

      The answer has something to do with the grim embrace that developed between the prosecutor’s office and the sensationalist media. Like addicts constantly looking for the next fix, each fed the other’s insatiable appetite for titillation and attention. The casual cruelty of “Foxy Knoxy” and her Italian lover became too good a story line to abandon, even when it became apparent it was overheated and unsustainable. Our suffering was the price to be paid for the world’s continuing entertainment.

      WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? This is clearly defamatory if it can’t be proven, and we can turn up no evidence that any of it is true. It has to be one of the most foolish lies in the entire book, it is so easy to disprove. These who are being accused of crimes here are career police and prosecutors secure in their jobs, and none have the slightest gain to make from false convictions.

      15. That in the justice system speculation and hearsay run rampant

      The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause.

      Total mischaracterization. First note that by comparison with any country in the world THERE IS NOT MUCH CRIME IN ITALY.  There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is not lining up to pay taxes.  Italy’s murder rate is 1/6 that of the United States and its prison incarceration rate is 1/30 that of the United States, so where IS all this crime about which the claimed speculation and hearsay are running rampant?

      The legal process could have been fully over by the end of 2009 if (1) there was not the entitlement to two automatic appeals; in UK and US terms there was very little to appeal about;  and (2) the Hellmann appeal court had not been fixed to produce a corrupt outcome, as the displaced judge Sergio Matteini Chiari and Cassation and the Council of Magistrates have all made plain.

      And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained. Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be.

      The Constitution and judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so.  Creating this restraint is a primary reason for the judges’ sentencing reports and all the magistrates’ checks of investigations along the way.

      This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.

      16. That in Italy proof beyond a reasonable doubt scarcely exists

      For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.

      So Gumbel and Sollecito are historians and legal experts now? It would be nice, wouldn’t it, if either were able to explain the remark. This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in 1990 and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.

      There are two things wrong with “..the concept of reasonable doubt scarcely exists in Italy.”

      1. It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries.

      2. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians.  Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.

      Until the 1990 Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings (to punish the guilty) and civil proceedings (to render liable the guilty for damages) were heard at the same time and still sometimes are, as in the Meredith Kercher case.

      What has changed (relevant to the above quote) is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases (the preponderance of evidence or, as we usually refer to it, the balance of probabilities) is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof (beyond reasonable doubt).

      Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. No judge would EVER confuse “beyond reasonable doubt” with “the balance of probabilities” when the issue at stake is depriving an individual of his freedom.

      17. That the Italian judiciary has vast, unfettered powers

      Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves.

      Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.

      The checks and balances on judges in the Italian system are enormous, perhaps the toughest checks and balances in the world. Read here and here about them.

      All of the best judges in the world are independent and they all follow a demanding career path, not elected (as ex-Judge Heavey was) under zero criteria, or appointed under the political sway of politicians. We wonder if Gumbel and Sollecito have ever heard of the US Supreme Court? Do those judges answer to anybody? No? How unfettered. 

      18. That the courts are the most reviled institution in Italy.

      Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. The courts—tainted by politics, clubbishness, pomposity, and excruciating delays—are the most reviled institution in the country.


      As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know.

      And on the issue of popularity we have previously posted this and this and also this.

      Our Italian poster Machiavelli (Yummi), who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:

      For comparison, in 2011 the percentage of Italians who declared they trust the justice system “a lot” or “enough” was 53.3%. By comparison, the percentage of Italians who declared they trust the government “a lot” or “enough”  were 14.7%, and those who trust the parliament were only 15%.

      In 2012, the percentage of Italians who trust the parliament is now only 9.5%, and those who trust the Mario Monti administration are only 21.1%.

      Over the eight years from 2004 to 2012 the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.

      However, some cases of corruption (such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia 2012) do hamper trust.

      The most trusted institutions in Italy above all are the Carabinieri (74% of Italians trust them) and the Polizia di Stato (71%).

      Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors.

      19. That prosecutors can spin their cases into any shape they please.

      Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting.

      Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue. The entire Italian system under the post WWII constitution was designed to PREVENT what Sollecito & Gumbel claim it allows here.

      There are checks and balances and reviews every step of the way. Magistrates (initially Matteini here) determine what a prosecutor may do in developing and presenting a case. Parties may appeal to the Supreme Court AT ANY TIME as Knox’s lawyers did over her second written confession - which she herself had demanded to make in front of Dr Mignini after he finished warning her of her rights.

      Hard for Sollecito & Gumbel to believe, perhaps, but the defense is actually present in the same courtroom. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world.

      And judges actually have minds of their own. And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them.

      Sollecito & Gumbel should have read the 2012 Galati appeal more closely. The Prosecution’s Appeal To The Supreme Court is available in English here.  Precedent has a section to itself - “The non-observance of the principles of law dictated by the Cassation Court in the matter of circumstantial cases (Article 606(b)) in relation to Article 192 paragraph 2 Criminal Procedure Code.”

      Well, that’s precedent, via the Court of Cassation no less! How surprising from Gumbel/Sollecito that they should make that claim about ignoring precedent when in fact there it is, going right to the heart of the flawed Hellmann/Zanetti judgement on circumstantial evidence!  What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent? 

      There is an absurd irony here, were they aware of it. Perhaps they are. Surely it is Hellmann and Zanetti who have displayed “a boundless freedom” in spinning the case “into any shape they please”, and who have “created legal justifications on the fly”?  As for prosecutors doing this, at least Dr Mignini followed the evidence, and American readers may recall the infamous Jim Garrison, the DA hero of Oliver Stone’s movie “JFK” but who in reality, unlike Dr Mignini, was a total and utter crackpot.

      And what issue exploded the Porta a Porta TV show in Italy in September 2012? It was Sollecito’s false claim that the prosecution had secretly tried to offer him a deal if he would roll over on Knox.  NOBODY including his own father and his own lawyers confirmed him. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals.

      Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. (In her book Knox also accused Dr Mignini of a felony.)

      20. That the prosecutors and judges in Italy are far too close.

      Prosecutors and judges are not independent of each other, as they are in Britain or the United States, but belong to the same professional body of magistrates. So a certain coziness between them is inevitable, especially in smaller jurisdictions like Perugia.

      Yes, prosecutors and judges in Italy belong to the same professional body of magistrates. But then so does the defense lawyer Ms Bongiorno. The claim that there is no independence between prosecutors and judges in Italy, in fact a coziness between them, is a bit rich.

      Consider, say, the UK. It is true cases are prosecuted by the Crown Prosecution Service, a government body, but in serious cases the CPS will employ barristers from the Inns of Court. There is scarcely a judge in the UK, even up to the highest level, who was not and who is not still a member of one of the Inns of Court from whence barristers, for the prosecution or for the defence, ply their trade.

      You can’t walk past an Inn without seeing the names of judges on the roll call on the plaques outside. A judge is still a barrister, just fulfilling a different function, although, of course, now paid by the State.  The old school boy tie? Corruption? No, the fulfilling of different roles by members of the same body is called professionalism. 

      Judges and lawyers all belong to the American Bar Association in the US and attend the same conferences. No sign that this lack of “independence” ever affects trials.  This claimed excess of coziness is often ranted about online by the Knoxophile David Anderson who lives near Perugia. Nobody who pays him any attention can get where he derives this from. Maybe he heard it from Hellman?

      Perugia prosecutors and magistrates are all known to do a fine job, and the national Olympics & earthquake relief cases involving powerful Rome politicians were assigned for competent handling to where? To Perugia… Defense lawyer Ghirga and Prosecutor Mignini have the reputation of being good friends. And Mignini and Massei would both draw their salaries from the State. But so what? Do not judges and DAs in the the USA do likewise? Are Gumbel and Sollecito impugning the professionalism of the counterparts of Mignini and Massei all over the world? It sure reads like it.

       


      Wednesday, September 23, 2015

      Supreme Court Confirms All Three Were There And Lied, RS & AK Apologists Desperate To Downplay That

      Posted by Machiavelli




      1. Shocking Sentencing Report

      Despite the public relations campaign this was by any standards a very strong case.

      In contrast the language, logic and law of the Marasca/Bruno Report are about as weak as Rome lawyers have seen. The Fifth Chambers normally handles only appeals of verdicts for fraud, defamation, and other mundane non-violent personal and family injuries and they are forbidden from judging evidence. Their reports are almost invariably 1-3 pages long.

      No finding by any experienced murder judge ever stretches logic and law and evidence as much as this. This grim situation for RS and AK still remains. 

        (1) The report very firmly places all three at the scene of the crime with extensive language on a long list of proofs; but though bizarrely it separates two from the crime itself.

        (2) The final verdict is not “assoluzione” meaning acquittal or innocence but simply “proscioglimento” meaning the dropping of charges (not usually used in a court context, see the note in the final paragraphs of translation) which can be subject to appeal.

        (3) The report does nothing to help Knox and Sollecito to get beyond their calunnia, villiipendio and diffamazione trials. It makes a win against either or both Knox and Sollecito in a wrongful-death suit more or less an assured thing. And it pre-emptively dismisses the frivolous appeal by Amanda Knox to ECHR Strasbourg.

      If the appeal by Knox and Sollecito against the Nencini court findings and guilty sentences had been handled without chicanery, it is the First Chambers which deals with murder cases and which annulled most of the Hellmann appeal outcome in 2013 which would have got this appeal. Almost certainly those judges would have simply rejected the appeal, and sent Knox and Sollecito right back to jail.

      The report makes lawyers question why Knox and Sollecito were not at minimum found guilty of being accessories to murder after the fact. Even the defense teams seem to have realised the risks in the shaky judgement

      2. Passages Finding Knox And Sollecito Were There

      In chapters 4, 9 and 10 the Marasca/Bruno report makes very clear that Knox and Sollecito were both at the house on the night. They find that the proof of that stands up. Highlighted in the translation below are passages amount to the firm conclusion that Knox definitely was there, with blood on her hands, and Sollecito logically also.

      From Chapter 4

      4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(…) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.

      Well, so the “fact” that was ascertained within that verdict, indisputably, is Guede’s participation in the murder “concurring with other people, who remain unknown”. The invoking of the procedural norms indicated means that the usability of such fact-finding is subordinate to [depends on] the double conditions [possibility] to reconcile such fact within the scope of the “object of proof” which is relevant to the current judgement, and on the existence of further pieces of evidence to confirm its reliability.

      Such double verification, in the current case, has an abundantly positive outcome. In fact it is manifestly evident that such fact, which was ascertained elsewhere [aliunde], relates to the object of cognition of the current judgement. The [court’s] assessment of it, in accord with other trial findings which are valuable to confirm its reliability, is equally correct. We refer to the multiple elements, linked to the overall reconstruction of events, which rule out that Guede could have acted alone.

      Firstly, testifying in this direction are the two main wounds (actually three) observed on the victim’s neck, on each side, with a diversified path and features, attributable most likely (even if the data is contested by the defense) to two different cutting weapons. And also, the lack of signs of resistance by the young woman, since no traces of the assailant were found under her nails, and there is no evidence elsewhere [aliunde] of any desperate attempt to oppose the aggressor; the bruises on her upper limbs and those on mandibular area and lips (likely the result of forcible hand action of constraint meant to keep the victim’s mouth shut) found during the cadaver examination, and above all, the appalling modalities of the murder, which were not adequately pointed out in the appealed ruling.

      And in fact, the same ruling (p. 323 and 325) reports of abundant blood spatters found on the right door of the wardrobe located inside Kercher’s room, about 50 cm above the floor. Such occurrence, given the location and direction of the drops, could probably lead to the conclusion that the young woman had her throat literally “slashed” likely as she was kneeling, while her head was being forcibly held [hold] tilted towards the floor, at a close distance from the wardrobe, when she was hit by multiple stab wounds at her neck, one of which – the one inflicted on the left side of her neck – caused her death, due to asphyxia following [to] the massive bleeding, which also filled the breathing ways preventing breathing activity, a situation aggravated by the rupture of the hyoid bone – this also linkable to the blade action – with consequent dyspnoea” (p. 48).

      Such a mechanical action is hardly attributable to the conduct of one person alone.

      [Ed note: Firm settling on motive is not required in Italian law.] On the other hand such factual finding, when adequately valued, could have been not devoid of meaning as for researching the motive, given that [27] the extreme violence of the criminal action could have been seen – because of its abnormal disproportion – not compatible with any of the explanations given in the verdict, such as mere simple grudges with Ms. Knox (also denied by testimonies presented, [even] by the victim’s mother);  with sexual urges of any of the participants, or maybe even with the theory of a sex game gone wrong, of which, by the way, no mark was found on the victim’s body, besides the violation of her sexuality by a hand action of Mr. Guede, because of the DNA that could be linked to him found inside the vagina of Ms. Kercher, the consent of whom, however, during a preliminary phase of physical approach possibly consensual at the beginning, could not be ruled out. 

      Such finding is even less compatible with the theory of the intrusion of an unknown thief inside the house, if we consider that, within the course of ordinary events, while it is possible that a thief is taken by an uncontrollable sexual urge leading him to assail a young woman when he sees her,  it’s rather unlikely that after a physical and sexual aggression he would also commit a gratuitous murder, especially not with the fierce brutality of this case, rather than running away quickly instead. Unless, obviously, we think about the disturbed personality of a serial killer, but there is no trace of that in the trial findings, since there are no records that any other killings of young women with the same modus operandi were committed in Perugia at that time.

      From Chapter 9

               

      9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

      About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.

      We make reference in particular to those declarations that the current appellant [Knox] produced on 11. 6. 2007 (p.96) inside the State Police headquarters. On the other hand, in the slanderous declarations against Lumumba, which earned her a conviction, the status of which is now protected as final judgement [giudicato], [they] had themselves exactly that premise in the narrative, that is: the presence of the young American woman inside the house in via della Pergola, a circumstance which nobody at that time – except obviously the other people present inside the house – could have known (quote p. 96).

      According to the slanderous statements of Ms. Knox, she had returned home in the company of Lumumba, who she had met by chance in Piazza Grimana, and when Ms. Kercher arrived in the house, Knox’s companion directed sexual attentions toward the young English woman, then he went together with her in her room, from which the harrowing scream came. So, it was Lumumba who killed Meredith and she could affirm this since she was on the scene of crime herself, albeit in another room.

      Another element against her is the mixed DNA traces, her and the victim’s one, in the “small bathroom”, an eloquent proof that anyway she had come into contact with the blood of the latter, which she tried to wash away from herself (it was, it seems, diluted blood, while the biological traces belonging to her would be the consequence of epithelial rubbing).

      (Ed: This next passages on hypotheticals shows how ignorant of murder jurisprudence Marasca & Bruno were, they had never handled a murder case before.]  The fact is very suspicious, but it’s not decisive, besides the known considerations about the sure nature and attribution of the traces in question. 

      Nonetheless, even if we deem the attribution certain, the trial element would not be unequivocal, since it may show also a posthumous touching of that blood, during the probable attempt of removing the most visible traces of what had happened, maybe to help cover up for someone or to steer away suspicion from herself, but not contributing to full certainty about her direct involvement in the murderous action. Any further and more pertaining interpretation in fact would be anyway resisted by the circumstance – this is decisive indeed – that no trace linkable to her was found on the scene of crime or on the victim’s body, so it follows – if we concede everything – that her contact with the victim’s blood happened in a subsequent moment and in another room of the house.

      Another element against her is certainly constituted by the false accusations [calunnia] against Mr. Lumumba, afore-mentioned above.

      It is not understandable, in fact, what reason could have driven the young woman to produce such serious accusations. The theory that she did so in order to escape psychological pressure from detectives seems extremely fragile, given that the woman [47] could not fail to realize that such accusations directed against her boss would turn out to be false very soon, given that, as she knew very well, Mr. Lumumba had no relationship with Ms. Kercher nor with the Via della Pergola house. Furthermore, the ability to present an ironclad alibi would have allowed Lumumba to obtain release and subsequently the dropping of charges.

      However, the said calunnia is another circumstantial element against the current appellant, insofar as it can be considered a strategy in order to cover up for Mr. Guede, whom she had an interest to protect because of fear of retaliatory accusations against her. This is confirmed by the fact that Mr. Lumumba, like Mr. Guede, is a man of colour, hence the indication of the first one would be safe in the event that the latter could have been seen by someone while entering or exiting the apartment. 

      And moreover, the staging of a theft in Romanelli’s room, which she is accused of,  is also a relevant point within an incriminating picture, considering the elements of strong suspicion (location of glass shards – apparently resulting from the breaking of a glass window pane caused by the throwing of a rock from the outside – on top of, but also under clothes and furniture), a staging, which can be linked to someone who – as an author of the murder and a flatmate [titolare] with a formal [“qualified”] connection to the dwelling – had an interest to steer suspicion away from himself/herself, while a third murderer in contrast would be motivated by a very different urge after the killing, that is to leave the apartment as quickly as possible.

      But also this element is substantially ambiguous, especially if we consider the fact that when the postal police arrived – they arrived in Via della Pergola for another reason: to search for Ms. Romanelli, the owner of the telephone SIM card found inside one of the phones retrieved in via Sperandio – the current appellants themselves, Sollecito specifically, were the ones who pointed out the anomalous situation to the officers, as nothing appeared to be stolen from Ms. Romanelli’s room. 

      Elements of strong suspicion are also in the inconsistencies and lies which the suspect woman committed over the statements she released on various occasions, especially in the places where her narrative was contradicted by the telephone records showing different incoming SMS messages; by the testimonies of Antonio Curatolo about the presence of [the same] Amanda Knox in piazza Grimana in the company of Sollecito, and of Mario Quintavalle about her presence inside the supermarket the morning of the day after the murder, maybe to buy detergents.

      Despite this, the features of intrinsic inconsistency and poor reliability of the witnesses, which were objected to many times during the trial, do not allow to attribute unconditional trust to their versions, in order to prove with reassuring certainty the failure, and so the falsehood, of the alibi presented by the suspect woman, who claimed to have been at her boyfriend’s home since the late afternoon of November 1st until the morning of the following day. Mr. Curatolo (an enigmatic character: a clochard, drug addicted and dealer) [48] besides the fact that his declarations were late and the fact that he was not foreign to judiciary showing-off in judicial cases with a strong media impact, he was also contradicted about his reference to young people waiting for public buses to leave in the direction of disco clubs in the area, since it was asserted that the night of the murder the bus service was not operational; and also the reference to masks and jokes, which he says he witnessed that evening, would lead to believe that it was on Halloween night, on October 31., and not on Nov. 1. instead.

      The latter point apparently balances – still within a context of uncertainty and ambiguousness – the witness’ reference to (regarding the context where he reportedly noticed the two suspects together) the day before the one when he noticed (at an afternoon hour) an unusual movement of Police and Carabinieri, and in particular people wearing white suites and head covers (as if they were extra-terrestrials) entering the house in Via della Pergola (obviously on November 2., after the discovery of the body).

      Mr. Quintavalle – apart from the lateness of his statements, initially reticent and generic – did not offer any contribute of certainty, not even about the goods bought by the young woman noticed on the morning subsequent to the murder, when he opened his store, while his recognizing Knox in the courtroom is not relevant, since her image had appeared on all newspapers and tv news.

      Regarding the biological traces, signed with letters A and I (the latter analysed by the RIS) sampled from the knife seized in Sollecito’s house and yielding Knox’s genetic profile, they constitute a neutral element, given that the same suspect lived together with Mr. Sollecito in the same home in via Garibaldi, although she alternated with the via della Pergola home, and – as for what was said – the same instrument did not have blood traces from Ms. Kercher, a negative circumstance that contrasted the accusation hypotheses that it was the murder weapon.

      On that point, it must be pointed out that – again following a disputable strategic choice by the scientific police genetic experts – it was decided that the investigation aimed at identifying the genetic profile should be privileged, rather than finding its biological nature, given that the quantity of the samples did not allow a double test: the quality test would in fact would have “used up” the sample or made it unusable for further tests. A very disputable option, since the detecting of blood traces, referable to Ms. Kercher, would have provided the trial with a datum of a formidable probative relevance, incontrovertibly certifying the use of the weapon for the committing of the crime.

      The verified presence of the same weapon inside Sollecito’s house, where Ms. Knox was living together with him, would have allowed then any possible deduction in this respect. Instead, the verified identification of the traces with genetic profiles of Ms. Knox resolves itself in a not unequivocal and rather indifferent datum, given that the young American woman was living together with Mr. Sollecito, sharing time between his dwelling and [49] the Via della Pergola one. Not only that, but even if it was possible to attribute with certainty trace B to the genetic profile of Ms. Kercher, the trial datum would have been not decisive (since it’s not a blood trace), given the promiscuity or commonality of inter-personal relations typical of out-of-town students, which make it plausible that a kitchen knife or any other tool could be transported from one house to the other and thus, the seized knife could have been brought by Ms. Knox in Via della Pergola for domestic use, in occasion of convivial meetings or other events, and therefore be used by Ms. Kercher.

      What is certain is, that on the knife no blood traces were found, a lack which cannot be referred to an accurate cleaning. As was accurately pointed out by the defence attorneys, the knife had traces of starch, a sign of ordinary home use and of a washing anything but accurate. Not only, but starch is, notoriously, a substance with remarkable absorbing property, thus it is very likely that in the event of a stabbing, blood elements would be retained by it.

      It is completely implausible the accusative assumption on the point, that the young woman would be used to carrying the bulky item with her for a self-defence purpose, using – it is said – the large bag she had for that purpose.  It wouldn’t be actually understandable why the woman, if warned by her boyfriend to pay attention during her night time movements, was not in possession of one of the small pocket knives surely owned by Sollecito, who apparently had the hobby of that kind of weapon and was a collector of a number of them.

      Finally, the matching with the current appellant woman of the footprints found in the place location of the murder is far from being certain.             

      9.4.2 Also the evidential picture about Mr. Sollecito, emerging from the impugned verdict, appears marked by intrinsic and irreducible contradictions. His presence on the murder scene, and specifically inside the room where the murder was committed, is linked to only the biological trace found on the bra fastener hook (item 165/b), the attribution of which, however, cannot have any certainty, since such trace is insusceptible of a second amplification, given its scarce amount, for that it is – as we said – an element lacking of circumstantial evidentiary value.

      There remains anyway the strong suspicion that he was actually in the Via della Pergola house the night of the murder, in a moment that, however, it was impossible to determine. On the other hand, since the presence of Ms. Knox inside the house is sure, it is hardly credible that he was not with her. 

      And even following one of the versions released by the woman, that is the one in accord to which, returning home in the morning of November 2. after a night spent at her boyfriend’s place, she reports of having immediately noticed that something strange had happened (open door, blood traces everywhere); or even the other one, that she reports in her memorial, in accord to which she was present in the house at the time of the murder, but in a different room, not the one in which the violent aggression on Ms. Kercher was being committed, it is very strange that she did not call her boyfriend, since there is no record about a phone call from her, based on the phone records within the file. Even more if we consider that having being in Italy for a short time, she would be presumably uninformed about what to do in such emergency cases, therefore the first and maybe only person whom she could ask for help would have been her boyfriend himself, who lived only a few hundred meters away from her house. Not doing this signifies Sollecito was with her, unaffected, obviously, the procedural relevance of his mere presence in that house, in the absence of certain proof of his causal contribution to the murderous action. 

      The defensive argument extending the computer interaction up to the visualization of a cartoon, downloaded from the internet, in a time that they claim compatible with the time of death of Ms. Kercher, is certainly not sufficient to dispel such strong suspicions. In fact, even following the reconstruction claimed by the defence and even if we assume as certain that the interaction was by Mr. Sollecito himself and that he watched the whole clip, still the time of ending of his computer activity wouldn’t be incompatible with his subsequent presence in Ms. Kercher’s house, given the short distance between the two houses, walkable in about ten [sic] minutes.

      An element of strong suspicion, also, derives from his confirmation, during spontaneous declarations, the alibi presented by Ms. Knox about the presence of both inside the house of the current appellant the night of the murder,  a theory that is denied by the statements of Curatolo, who declared of having witnessed the two together from 21:30 until 24:00 in piazza Grimana; and by Quintavalle on the presence of a young woman, later identified as Ms. Knox, when he opened his store in the morning of November 2. But as it was previously noted, such witness statements appeared to have strong margins of ambiguity and approximation, so that could not reasonably constitute the foundation of any certainty, besides the problematic judgement of reliability expressed by the lower [a quo] judge.

      An umpteenth element of suspicion is the basic failure of the alibi linked to other, claimed human interactions in the computer of his belongings, albeit if we can’t talk about false alibi, since it’s more appropriate to speak about unsuccessful alibi. 

      Finally, no certainty could be reached [was acquired] about the attribution to Mr. Sollecito of the footprints found in the via della Pergola house, about which the technical reports carried out have not gone beyond a judgement of “probable identity”, and not of certainty (p. 260/1).

      9.4.3. It is simply the case to observe, that the declaration of the lacking of a probative framework, coherent and sufficient to support the accusatory hypothesis regarding the more serious case of the homicide, reverberates on the residual, accessory charges referred in point d) (theft of the phones) and e) (simulation of crime).

      From Chapter 10

      10. The intrinsic contradiction of probative elements emerging from the text of the appealed sentence, undermines in nuce the connecting tissue of the same sentence, causing the annulment of it.

      And in fact, when facing a picture marked by such contradiction, the appeal judge was not supposed to issue a conviction but rather – as we observed above – they were compelled to issue a ruling of acquittal with reference to art. 530 paragraph 2 of penal procedure code. 

      At this point the last question remains, about the annulment formula – that is, whether it should be annulled with remand or without remand. The solving of such question is obviously related to the objective possibility of further tests, which could resolve the aspects of uncertainty, maybe through new technical investigations. 

      The answer is certainly negative, because the biological traces on the items relevant to the investigation are of scarce entity, as such they can’t undergo amplification, and thus they won’t render answers of absolute reliability, neither in terms of identity nor in terms of compatibility.

      The computers belonging to Amanda Knox and to Ms. Kercher, which maybe could have provided information useful to the investigation, were, incredibly, burned by hazardous operations by investigators, which caused electric shock following a probable error of power source; and they can’t render any further information anymore, since it’s an irreversible damage. [Ed: unproven how damage occurred, all records were recovered.]

      The set of court testimonies is exhaustive, given the accuracy and completeness of the evidentiary trial phase, which had re-openings both times in the instances of appeal [rinvio; sic].

      Mr. Guede, who was sure a co-participant to the murder, has always refused to cooperate, and for the already stated reasons he can’t be compelled to testify.

      The technical tests requested by the defence cannot grant any contribution of clarity, not only because a long time has passed, but also because they regard aspects of problematic examination (such as the possibility of selective cleaning) or of manifest irrelevance (technical analysis on Sollecito’s computer) given that is was possible, as said, for him to go to Kercher’s house whatever the length of his interaction with the computer (even if one concedes that such interaction exists), or they are manifestly unnecessary, given that some unexceptionable technical analysis carried out are exhaustive (such are for example the cadaver inspection and the following medico-legal examinations).   

      Following the considerations above, it is obvious that a remand [rinvio] would be useless, hence the declaration of annulment without remand, based on art. 620 L) of the procedure code, thus we apply an acquittal [proscioglimento *] formula [see note just below] of dropping of charges which a further judge on remand would be anyway compelled to apply, to abide to the principles of law established in this current sentence.

      [Translator’s note:  Under the Italian Procedure Code, the Italian word for “acquittal” is actually “assoluzione”; while the term “proscioglimento” instead, actually refers only to non-definitive preliminary judgements during the investigation phase, and it could be translated as “dropping of charges”. When applied to the investigation phase “proscioglimento” is normally meant as a not-binding decision, not subjected to double jeopardy, since it is not considered a judgement nor a court’s decision.]

      The annulment of the verdict of conviction of Ms. Knox as for the crime written at letter A), implies the ruling out of the aggravation of teleological nexus as for the art. 61 par. 2 Penal Code. The ruling out of such aggravating circumstance makes it necessary to re-determine the penalty, which is to be quantified in the same length established by the Court of Appeals of Perugia, about the adequacy of which large and sufficient justification was given, based on determination parameters which are to be subscribed to entirely.

      It is just worth to note that the outcome of the judgement allows to deem as absorbed, or implicitly ruled out, any other objection, deduction or request by the defences, while any other argumentative aspect among those not examined, should be deemed manifestly inadmissible since it obviously belongs to the merit.



      3. Wrong Translation Circulated By Amanda Knox

      This version was garbled apparently to try to show innocence.  (It is a crime to deliberately garble Italian legal documents.)


      Above: wrong Knox version. Correct translation again:

      4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(…) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.


      Above: wrong Knox version. Correct translation again:

      9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

      About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.


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