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Tuesday, April 02, 2013
The Real Catastrophe For The Defenses That Was The Supreme Court Ruling Last Week
Posted by Machiavelli (Yummi)
The Supreme Court annulled almost the entirety of the 2011 Hellmann-Zanetti appeal verdicts, declaring the appeal outcome completely invalid on five of the six charges. The Court only upheld the sixth charge which made definitive Knox’s conviction for calunnia for which she had been sentenced to three years.
Calunnia is the crime of maliciously placing false evidence or testimony against an innocent person, something the Italian Criminal Code considers not as criminal defamation but as a form of obstruction of justice, a more serious offence.
Worse for Knox, the Court annulled a part of the appeal verdict which had dropped the aggravation known as continuance, the aggravation that acknowledges a logical link between the obstruction of justice and the murder charge.
Once the dust has settled, the defendants and pro-Knox and pro-Sollecito supporters and defences may finally realize how severe a defeat has been dealt to their side.
Most American journalists were completely unprepared for and very surprised at the outcome. But most Italian commenters and a very few others elsewhere considered the outcome quite predictable (the criminologist Roberta Bruzzone for example hinted so in written articles, so did Judge Simonetta Matone, as well as John Kercher in his book, and many others too).
This really is a catastrophe for the defences. A complete annulment of an acquittal verdict is just not frequent at all. They do occasionally occur, though, and this one appeared easily predictable because of the extremely low quality of the appeal verdict report.
For myself I could hardly imagine a survival of the Pratillo Hellmann-Zanetti outcome as being realistic.
I previously posted at length on the Galati-Costagliola recourse (that is an important read if you want to understand all angles of the annulment). I argued there that a Supreme Court acceptance of the verdict would have so jeopardized the Italian jurisprudence precedents on circumstantial evidence that it would have become impossible to convict anyone in Italy at all.
The previous appeal trial obviously violated the Judicial Code as it was based on illegitimate moves such the appointing of new DNA experts for unacceptable reasons. It contained patent violations of jurisprudence such as the unjustified dismissal of Rudy Guede’s verdict on a subset of the circumstantial evidence. Hellmann-Zanetti even “interpreted” the Constitution instead of quoting Constitutional Court jurisprudence.
They omitted a number of pieces of evidence, literally “forgetting” them or dismissing them without providing an argument (they should have, being an appellate trial based on the previous findings and arguments of the lower court). The appeal trial had obvious illogical contradictions on a macro level, such as the contradictory putting together of the conviction for calunnia and the acquittal on the murder charge (ignoring a logical link required by statute without introducing any reason at all).
The Hellmann-Zanetti verdict was also based on an illogical processing of all pieces of evidence (such as the dismissal of Nara Capezzali’s evidence without logical reason, even after calling her “credible,” and that of Quintavalle; and attributing the bloody footprint to Rudy Guede on the basis of some ludicrous reasoning).
The appeal verdict basically ignored the concept of “a contrario” evidence, like concluding that the luminol footprints are probably not in blood but in some other substance and not related to the murder (despite failure to indicate any alternative substance nor any reasonable scenario).
The verdict was also biased with open prejudice in favor of two of the suspects in assuming they would be unlikely to even socialize or hang out together with the third, based on social or racial discrimination (two whites from good-looking families are called “good fellows” while the third is “different”).
Beyond the glaring, major faux pas in procedure, the verdict’s low quality, unlawfulnesses, and hypocrisy in its reasoning tended to be pervasive and obvious through all its paragraphs, and possibly this also could have caused an aura of distrust toward the work of the Hellmann-Zanetti court.
One could assess the strikingly low quality of the appeal verdict especially by comparing it to a sophisticated recourse such as the 100-page Galati-Costagliola Supreme Court appeal. While nobody could anticipate with total certainty the Supreme Court decision between the Galati-Costagliola appeal and the Pratillo Hellmann-Zanetti appeal verdict, to good legal eyes the outcome would be as uncertain as the result of an England versus San Marino football game!
EACH of the eleven single mistakes, plus EACH of the six “method” mistakes pointed out in the Galati-Costagliola recourse could by itself have been a sufficient cause for the annulment of the acquittals.
The redundancy of reasons and remarks by Cassation sheds light on the judgment shortcomings from many different angles, and all the reasons presented for the recourse were certainly assessed by the Supreme Court.
But on the practical side, most probably the Hellmann-Zanetti verdict did not even survive beyond the first mistake. The appeal verdict most likely crumbled completely from the very beginning on reason #1, the illegitimate appointing of new experts by Hellmann-Zanetti to re-examine the DNA.
But even given that the defences’ defeat could be foreseen, I never expected the defeat to pervade to this extent.
I thought the appeal verdict might be quashed entirely and a new appeal would start from scratch. But the Supreme Court went further and decided to “save” only the parts of the verdict that were unfavorable to Knox, and declared her conviction for calunnia definitive.
Meanwhile, the Court accepted the Calati-Costagliola reason #10, and quashed the part that denied a logical link between calunnia and murder.
The Supreme Court thus sends Raffaele Solecito and Amanda Knox back to appeal trial, but this time Amanda Knox will enter the trial as a felony convict with a definitive criminal record, which – the Supreme Court hints – is to be considered logically linked with the charge of murder.
Moreover, judges in the appeal that will come next in Florence will have to follow the decisions set by the Supreme Court. Since the Supreme Court’s motivations report has not been issued yet, we still don’t know what points exactly Cassazione will make. But we can expect that several arguments used by Pratillo Hellmann-Zanetti that were “needed” to acquit Knox and Sollecito will be now declared illegitimate.
This might mean that we will not see for a second time such faulty reasoning as “Knox’s statement can’t be used as evidence of lying because it is not true.” It may not be possible to dismiss the verdict that found Guede guilty of concurring in murder “with others” from the set of evidence just because it was “weak.” It may not be possible to deduce the time of death based only on declarations of Rudy Guede.
We also may not have a chance to again see an expert declaring that contamination is “likely” on the sole basis that “everything is possible.” We also may not have another judge attributing footprints without talking about any measurements.
The Supreme Court session began on March 25, and it is only a rare event that a Cassazione session extends over into two days.
The first criminal division of the Supreme Court – scheduled to decide on this case – was a five-judge panel presided over by Dr Severo Chieffi. His name never did sound like a particularly favorable omen for Knox and Sollecito. Dr Chieffi is a 70-year-old judge, known for being the author of a famous 2008 verdict which definitively closed a notorious criminal case (“the first time a Cassazione hearing attracted massive live media attention”), a verdict among the most quoted in jurisprudence which is known as that “on reasonable doubt.”
Dr Chieffi and his nine-judge panel explained reasonable doubt as to be intended as an “a contrario” concept, the concept used to formulate a logical reasonable alternative. That verdict pointed out the concept of “reasonable” and also stressed that the nature of evidence is “logical” – reasonable depends only on the plausibility of alternatives, not on how conclusive or reliable single pieces of circumstantial evidence are, and a piece of evidence does not require any specific “physical” element or conclusive quality.
The rapporteur judge was Dr Piera Maria Severina Caprioglio. The rapporteur judge goes through the papers of the whole trial and summarizes their content to the other panel judges; the rapporteur and the president are the two who physically write the report (it may sound like irony that both judges have the adjective “severe” in their name). I was told Dr Caprioglio was a rather stiff judge, known for her scrupulosity in procedure matters, and she is also a specialist – and hard liner – about sexual crime (maybe that’s why she was chosen by Dr Chieffi as the one to do the research on this case).
At the Supreme Court there is also an office known as the Office of Procurator General, which has more than 50 magistrates. The Procurator General appoints a magistrate (normally called the “PG”) to study cases and to make arguments on all cases dealt with in Supreme Court sessions. The PG is considered “neutral” in the sense that their office represents no party only the “precedents” of the court. While the rapporteur makes a description of the case, the procurator makes arguments about the recourses submitted by the parties.
At 10:30 am on Monday, Judge Caprioglio begun her 90-minute speech summarizing the case. She detailed legal events that led to the first Massei-Cristiani verdict, and then the appeal trial led by Hellmann-Zanetti and their verdict.
She sounded rather neutral; hers was a sheer summary with no comment attached. Nevertheless, it sounded most ominous for the defences: right from Dr Caprioglio’s speech, in fact, Knox and Sollecito’s attorneys understood that they were going to lose.
This is because Dr Caprioglio devoted half of her rapporteur time or more to detailing Massei’s first degree trial and verdict, explaining the arguments and evidence used by the Massei court. Such attention was itself ominous to the defences.
A main basis of the Pratillo Hellmann-Zanetti verdict is in fact a series of denials about the work of the lower court, in which plenty of evidence was simply ignored or dismissed without dealing with the first degree conclusions; while the strategy of Giulia Bongiorno was to entirely “replace” the details of the evidence set with a self-made narrative, quite unattached to actual trial events, which somewhat “worked” as rhetoric and in the media.
Yet Dr Caprioglio was not yet the biggest problem facing Knox and Sollecito. The defence was about to face a pincer front, because the Procurator General’s offices did not appreciate the appeal verdict at all.
A bomb went off with the speech of Procurator Riello which followed next.
Dr Riello recalled the points of recourse submitted by Galati-Costagliola, which may sound technical or subtle to those unaccustomed to them. Dr Riello endorsed the radical censures made by Galati-Costagliola and made clear his own view in an overview of the whole verdict. His arguments had the subtlety of an anvil.
To summarize, he basically maintained the appeal judges had conducted an appeal trial as if they were idiots, and followed the paths of logic, procedure and law like sailors without a compass.
Seen from the point of view of the Procurator General, their way of conducting the appeal trial itself was like a journey through a dreadful series of unlawful steps, decisions informally taken without deliberation, and arbitrary and unjustified ordinances. The court simply “lost their way.”
In the body of their findings, it seems they understood almost nothing about the evidence – in particular about how circumstantial evidence works. They did not deal with the findings and arguments of the first instance court as they should have, as if they didn’t exist, and they trivialized the previous legal material.
In fact Dr Riello sounded almost sarcastic; outraged by the incredibly amateurish work of this appeal court, he tended to detail the merit of questions and was interrupted by the president asking him to stick to the discussion on the table.
At the close of his speech, he called the appeal verdict “a rare concentration of law violation, a monument to illogicality.” He said “the judge of merit lost their way in this trial.” Dr Riello noted “they fragmented, they parceled out the pieces of circumstantial evidence.”
He implied not only incompetence but a kind of disingenuous attitude: “The Court employed a fair dose of snobbism for trivializing the first degree verdict, reducing it to four elements. A very imprecise and superficial synthesis.”
He went beyond the criticism expressed in the Galati-Costagliola appeal when he described an obvious bias of the appeal court “not in just a few passages of the second instance verdict – it’s as if the defendants should benefit from a kind of anthropological and cultural immunity, in relation to the events.”
He criticized Pratillo Hellmann’s dismissal of Amanda Knox’s handwritten memoir, and recommended that a new appeal trial must in part be based on that statement as “it is a usable document”; and he stressed that in his opinion “the scream heard by Amanda is a significant datum, of great importance.” The behavior claimed by Knox on the morning of November 2, 2007 in his view was “chilling” and her taking a shower in a cold bathroom is a “chilling detail.”
Dr Riello concludes by saying: “These are all conditions for not letting the curtains close on an upsetting and extremely serious crime for which the only culprit found up to the present day is Rudy Hermann Guede, who has been addressed through a Lombroso-style assessment, either calling him a thief, a criminal or a drifter. He didn’t confess and he was not convicted by another court for concurring in a crime together with others, maybe with ‘ectoplasms.’” (A reference to Cassation’s previous decision that he did commit the crime with others, but Hellmann-Zanetti identified no other people; hence ‘ectoplasms.’)
The Prosecutor General also dealt with the DNA experts’ report which defined the previous results as “unreliable.” He implied that the report and its language were used as a pretext by the defences “as a tombstone, while in fact it is not.” It was used as a tool to focus the trial on the DNA and steer it away from the whole evidence set, to “bury the set of pieces of circumstantial evidence which all have their vital value.”
The rhetoric of the defences aimed to “blame everything on those involved in the scientific police who are almost depicted as bunglers; however they are not brigadiers playing with toy chemical sets, they are in fact a highly qualified department and they do employ cutting-edge technologies.”
A severe legal bashing like the Riello speech is not at all common at the Cassazione. As I heard the news on the radio, law experts commented that the event was unusually serious, and they hinted that its consequences may lead to the setting of a historic jurisprudence precedent.
Francesco Maresca – who brought his mentor Vieri Fabiani with him – endorsed the recourse points and made points similar to Dr Riello’s. He pointed out that a major flaw of the appeal trial was to focus on two DNA instances as if the case was based on them. The court appointed experts to review items with no legitimate basis, they provided an inconsistent explanation for their steps, and then they refused to analyze and introduce further evidence, totally contradicting themselves and also violating the code.
Their criteria for choosing which piece of evidence to discuss or review were totally contradictory, and their series of steps egregiously violated a series of procedural conditions that any court is supposed to follow.
The analyzing of the knife DNA sample and bra clasp sample as pieces in isolation is a sort of device that serves a defence made-up narrative; the focus on “disputed” items and the re-make of a narrative about legal events is simply a defence strategy which is aimed at the media rather than official court proceedings. For the Kercher family, the evidence points to the guilt of Knox and Sollecito beyond reasonable doubt.
The evidence, explained Maresca, consisted of numerous pieces of evidence and reasoning, that were simply not dealt with by the appeal court. The whole process was “non-transparent” and the result is also contradictory given that Knox is indicted by her own words on the crime of calunnia.
Maresca explained that the appeal verdict is riddled with many flaws and errors in the merit of the facts which cannot be assessed by the Cassazione court, but there are also patent violations of law which are “strong and obvious” and of the most serious kind.
Then it was the defence attorneys’ turn. Giulia Bongiorno knew she would need to apply the full power of her best rhetorical skills: she pointed out a factual error in the recalling of Prosecutor Riello and threw herself head-first into the merit of the evidence.
She even made FOA-style overstatements on the number of Guede’s DNA instances: “So many genetic traces of Rudy Guede were found in the bedroom of the murder, Amanda and Raffaele’s DNA would have been found too if they had been there.” (Her claim is false: in fact, only four samples yielding Guede’s DNA were found in the bedroom, and some were very scant.)
Bongiorno focused on investigation mistakes and complained that Raffaele Sollecito “was put in jail because of a shoe print found beyond the duvet which covered the body, a print that was attributed to Guede.” She also commented on Knox’s handwritten memoir and again put forward the claim – already rejected by all the judges of all instances – that the statement should be “not usable” because there was a “blackout” of defendant guarantees. Apparently, Bongiorno did understand that the most dangerous threat, and the actual battleground, would be about the danger of having Knox now definitively convicted for calunnia.
Bongiorno said “we do not want to put the scientific police on trial” but then said the point defence demonstrated was that they made “an infinite series of errors.” In fact, Bongiorno’s speech largely consisted of the well-known defense stance of pointing the finger at a list of supposed wrong-doings by the police.
Bongiorno’s argument of pointing out supposed “police mistakes” would probably ring true to Knox’s Amarican supporters, who may find these arguments convincing and effective.
In fact, it was obvious that Bongiorno’s position was extremely weak, and that her arguments were not going to have any effect. The weakness of Bongiorno’s arguments was obvious from the start because she backed into arguing the case only on the merit of investigation techniques.
Her arguments would maybe resonate effectively with uninformed spectators, but they had already failed in those courts that were legitimate, and they have no consequence from a legal standpoint. Talking about supposed mistakes during the investigation and supposed bad behavior of police are good to build a narrative for journalists, but they would have zero effect on expert judges.
I think she knew she was going to lose, but besides being a lawyer, Giulia Bongiorno is also a smart public person, and she plays in the public arena as well as in a court of law at the same time. Her technical stances are all wrong, but she knows she will be remembered well for her good-looking performance.
The president did not interrupt her, showing due politeness toward the defence attorneys. But no attorney would convince the Supreme Court by simply saying “we demonstrated that the investigators made mistakes.”
In order to seek to obtain some positive effect, she should have argued in favor of the Pratillo Hellmann-Zanetti appeal verdict on points of law, and put forward arguments for their legitimacy; for example, an argument in response to point #1 of Galati’s recourse claiming that the appointing of DNA experts was unmotivated.
Luciano Ghirga and Carlo Dalla Vedova had to take care of their own recourse against the conviction for calunnia on the false accusation of Patrick Lumumba. Their line of defence on this point was the same – and could be nothing else – than what they maintained though all the previous instances. Dalla Vedova deals with the handwritten note where he understands “Amanda says she is confused, she does not care about what she said.”
They reintroduced the myth that “she had been interrogated by the investigators for 54 hours.” They explain – almost a paradoxical argument – that the document was “a defensive paper” while then becoming one of the elements on which the charge of calunnia was built. They stressed that “she wanted to cooperate” with the investigation and that “she was a friend of Meredith.”
A failure of their arguments was easily predictable because their recourse was built on points that had already failed at lower instances. Some time ago before this appeal, I posted this criticism of the Ghirga-Dalla Vedova recourse on Knox’s calunnia conviction to the Supreme Court:
Pages 3-11: The first argument is about the non-usability of the evidence for the crime of calunnia.
Such an argument is basically the re-proposal of the same argument that had been already dismissed by the Supreme Court in 2008, and subsequently by Massei-Cristiani in 2009 and also by Pratillo Hellmann-Zanetti. Therefore, it is an especially weak argument. Ghirga-Dalla Vedova do attempt to use it again at the Supreme Court because it is what they have.
Just like Giulia Bongiorno will likely recall it too, just like she attempted to request of nullification of Stefanoni’s testimony on procedure grounds before Massei, which was rejected again by Hellmann-Zanetti (the Knox supporters have such a spun perception of the proceedings, they apparently don’t see how some basic defensive claims were rejected by all judges).
Pages 11-14 complete the first argument, addressing the further requirements of the crime of calunnia (maliciousness and voluntarity).
Basically, this point contends that the false accusation was not voluntary or not malicious. The only usable point in my opinion in this reasoning consists of one line, which recalls that Hellmann-Zanetti did not acknowledge the aggravation of continuance for the crime of calunnia. But this point has no consequence because it is a weak point in Hellmann’s verdict itself which violates jurisprudence and logic itself.
The other claims at this point are basically useless; they attack the Hellmann verdict in a way peculiar to the prosecution appeal with an opposite stance. But in fact “not knowing” that someone is factually innocent obviously cannot be extended to an absolute meaning; Hellmann is illogical on that, because he dismisses the logical link with the murder without explanation.
Pages 14-18 speak about the alleged “extreme exhaustion” of Knox in order to exculpate her of her confusion and falsehood.
This argument tends to be a stronger attempt to use some of the contradiction in Pratillo Hellmann-Zanetti, using as a starting point the fact that H-Z did state that Knox was allegedly under excessive pressure. They convicted her for calunnia nonetheless. I think this argument won’t go too far, for two reasons.
First, because it’s basically on the merits; it quotes the whole writing of Knox and requests the SC to directly re-assess the sincerity of her words, something which the SC are unlikely to do.
Second, because while on the one hand there is a contradiction in H-Z as they accuse her of calunnia but do not use her writings as an evidence of lying on the other crime, and they reject the continuance despite the obvious link between the calunnia and the murder, on the other hand the contradiction addressed by Ghirga is weaker. There was in fact no factual finding about “excessive pressure,” neither in the H-Z appeal trial nor in previous Massei testimonies.
As for jurisprudence, pressure and “psychological alteration” itself is not enough to cause a loss of mental faculties to understand and will. Basically, most crimes are committed in a state of psychological stress or alteration, and people are responsible for themselves notwithstanding. The faculty to understand and will is not a psychological condition; it is something that affects the cognitive and decisional functioning of the brain on more basic functions, and requires a medical assessment.
So there is no way the argument of Ghirga-Dalla Vedova can overturn a conviction for calunnia based on an argument of psychological conditions: they have no basis; and there is no consistent ground to assert “excessive pressure” either.
Pages 19-20 is a very short argument about two articles of the code that Ghirga puts in in relation to a case of defensive rights.
This is an argument I am unable to assess clearly. This point basically claims Knox is somehow protected by the law because of an extension of her rights of defence. I have the feeling this point is wrong, because the boundaries of the right to defend oneself are already fixed and limited by a SC ruling of 2008, and because Article 51 only applies to what she declared as a defendant, but not to what she declared as a witness.
Pages 20-22 is only about the sentencing and not about innocence; it claims that, anyway, even if Amanda is guilty of calunnia, the punishment was too stiff and this severity was not logically motivated by Hellmann. This point is the only that could stand, in my opinion.
After the hearing of March 25 – which was the ninth case the Supreme Court panel dealt with that day – the panel deliberated for six hours, then adjourned the hearing and scheduled the final decision for the following morning.
The question whether to annul the verdict entirely, or to confirm the calunnia conviction, might have been the cause of some of the extra time needed.
When the Supreme Court has to deal with scheduled cases the relator puts a mark – between 1 and 8 – indicating the difficulty of the case: 1 is the easiest and 8 is very complex.
Almost all recourses are below 3, while a case like the one on the Narducci investigation a week earlier, involving Mignini, could have been closer to 8. The difficulty of this case is unknown. But because of some sensitive jurisprudence involved and because of the articulation of the recourses, this could have been around 6 or higher.
After retirement of the court, and adjournment to the subsequent day, at 10 am on March 26, the court’s dispositivo was the following:
ENDING THE RESERVATION FROM THE HEARING OF 03-25-2013, [THE COURT] DECIDES AS FOLLOWS: ANNULS THE IMPUGNED VERDICT, LIMITED TO THE CRIMES UNDER CHARGES: A) (INTO WHICH CHARGE C) IS ABSORBED), B), D), E), AND TO THE AGGRAVATING CIRCUMSTANCE UNDER C.P. ART. 61 NO.2 IN RELATION TO CHARGE F), AND REMANDS [THE CASE] TO THE CORTE DI ASSISE DI APPELLO OF FLORENCE FOR A NEW TRIAL. REJECTS THE APPEAL OF AMANDA MARIE KNOX, WHOM IT SENTENCES TO THE PAYMENT OF COURT COSTS AS WELL AS REIMBURSEMENT OF EXPENSES INCURRED IN THE PRESENT PROCEEDINGS BY CIVIL PARTY DIYA LUMUMBA, IN THE AMOUNT OF 4000 (FOUR THOUSAND) EUROS, IN ADDITION TO I.V.A. AND C.P.A., PLUS GENERAL EXPENSES ACCORDING TO LAW.
Thus, Amanda Knox and Raffaele Sollecito are sent back to appeal trial in Florence on all charges related to the rape and murder of Meredith Kercher (a, b, c, d, e). And Knox is definitively declared guilty of the obstruction of justice charge known as calunnia, while the argument denying any logical link between the calunnia and the murder is quashed.
The article above draws in part upon a translation into English of news information published by various Italian press sources, which our readers may like to look at directly. A good coverage of the case – including Riello’s speech – was broadcast by RaiNews 24 and they also have a lot of information on the website. Online updates were provided by Televideo. Commentaries and discussions were hosted on Radio1 - GR Rai. Dr Riello’s comments were reported by Il Fatto Quotidiano and Style.it. There were reports on Libero Italy.it. Also details and chronicles were reported at the end of the day by Il Giornale dell’Umbria. Coverage and the quotes for March 25 were provided by AGI. The dispositivo official document was obtained and published by Andrea Vogt.
Archived in Vital Must-Read Posts, Officially involved, Amanda Knox, Raff Sollecito, Appeals 2009-2014, Cassation appeal 1, Florence appeal, Diversion efforts by, The wider contexts
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A Growing Number Of Commentators Are Objecting To Overexposure Of The Two Still Accused
Posted by Peter Quennell
At least one post will be a roundup of the media. Noticeable this time was less of a tendency to lionize Knox and Sollecito. Some articles and TV reports flipped for Knox, but none did for Sollecito.
And some editors and reporters have weighed in strongly for better balance. David Barrett of the Daily Telegraph wrote this one.
The impending retrial for the murder of British student Meredith Kercher fills many court-watchers with dread, myself included.
Details of the crime are horrific enough. But during the lengthy court processes which we have already witnessed, my discomfort was intensified by the obsession with Amanda Knox.
The photogenic young American, now 25, was convicted and then acquitted of the 2007 murder. She received more sympathy than most suspects who have ever stood in the dock on such a serious charge.
The media pack which followed the Italian trial would often comment on Knox’s apparent frailty; the “stress” she was suffering or whether she looked “pale”. It made me gag.
It’s a difficulty with which any professional and humane court reporter is familiar: how do you keep the victim, who is absent, visible in the very human drama that is a murder trial?
Is it appropriate to pay more attention to the suspect than to the issue at hand; namely, securing justice on behalf of a person whose life has been taken from them? I say it is not, although I can understand why it happens….
When the Italian prosecutors again attempt to secure a conviction for that tragic murder in Perugia we will have to get used to seeing Knox’s face on a daily basis once more. But let’s ensure that Meredith remains at forefront of all our minds.
Archived in Officially involved, Amanda Knox, Raff Sollecito, Diversion efforts by, The Knox-Mellases, The Sollecitos, Hoaxes about the case, Solleci book hoaxes, Knox book hoaxes
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Monday, April 01, 2013
Alarm Bells Ignored: Overconfident PR And Lawyers May Have Led To That Shock At Cassation Outcome
Posted by The TJMK Main Posters
But we have been surprised in recent weeks at how the defense lawyers and spokesmen and especially Raffaele Sollecito and Giulia Bongoirno and Carlo Dalla Vedova and the PR flunkies were seemingly seeing the Supreme Court appeal as a forgone conclusion in their favor, a blip requiring no change in the end game.
Here are 20 warning bells that we think they might have missed or heard wrongly which contributed to a shocked and ill-prepared reaction to the Cassation ruling, and each of which a team of hard-nosed lawyers not befuddled by PR might have heard and responded to quite differently.
- 1. The Italian media in 2007-2008 in fact did not blow the case and Knox herself out of all proportion. Most of the lurid headlines appeared in the UK press where they had zero effect on the 2009 jury. There really was a hard case to answer.
2. The British and American media mostly came to be manipulated on the lines Barbie Nadeau’s book described, which meant a big contrast opened up between hard Italian reporting and fantastical UK and US reporting.
3. The Knox and Sollecito teams shrugged off a short-form trial in October 2008 at which point they might have pleaded that Meredith’s murder was not intended and drugs and mental quirks had resulted in a terrible but unintended outcome, perhaps providing relief both for themselves and Meredith’s family.
4. The prosecution part of the trial in 2009 was in fact, contrary to frequent illusory claims, fast and comprehensive and decisive, and it may have been at the end of that phase that the jury was already ready to vote guilty.
5. The defense part of the trial was far less successful with Amanda Knox on the stand suggesting to Italians that she was cold-blooded and uncaring, and from then on the defenses were desultory and dispirited with no strong points ever landed. Several days one or other of them failed to show.
6. The prosecution summation at end of trial was extremely powerful and included in it was a very convincing 15-minute crime-scene recreation video (never released to the public) which accounted for all the marks and stains in Meredith’s room and on her body by an attack group of three.
7. The Massei report, again contrary to frequent illusory claims later, was considered by those familiar with such reports a model of good logic and reasonable assumptions. It laid out and connected hundreds of evidence points which in a normal appeal process would have been unassailable.
8. The 2011 appeal did not happen because Massei was riddled with legal errors and wrong assumptions, which would have been the criteria for any British or American judge to agree to such an appeal. It happened solely because, unique to Italy, such appeals are automatic if demanded, resulting in a huge number of appeals on weak grounds.
9. Italy does not have a terrible record of trial reversals as some claim. It has a record of fine-tuning and adjustments of thousands of appeals by appeal juries seemingly wishing to prove that they are being diligent. Cassation is aware of this quirky systemic effect, and it often bounces back appeal outcomes to dead center.
10. It had appeared that the PR effort was joined by a lot of influential “heavies” including MP Girlanda, Judge Heavey, Senator Cantwell, Joel Simon of CPJ, and the billionaire Donald Trump. Most had limited positive effect in the US and less in Italy, and have been quiet since the Cassation ruling.
11. Judge Hellmann was a surprise replacement for Judge Chiari, then the able and experienced head of the criminal division. (He resigned over this.) Judge Hellmann, a good civil judge, had very limited criminal-case experience. Chief Judge De Nunzio has not explained why he replaced Chiari .
12. The scope of appeals is carefully laid out in the Italian judicial code, and they are not to be repeat trials with overall reconsideration of all evidence and al witnesses only absent the careful presentation process and cross-examination at trial. In the US or UK the defense grounds for appeal might simply have been rejected.
13. Prosecutor Mignini was provisionally convicted in March 2011 of abuse of office, but careful examination would have revealed that the grounds were spurious and he had no need of a conviction in this case. Cassation in the past month has killed his own case terminally and chastized those who brought it.
14. Incriminating DNA was found in Meredith’s room and also outside it in many locations, and also on a knife in Sollecito’s apartment. DNA consultants were “illegally” appointed who muddied the waters but decisively disproved none of it.
15. The Supreme Court is on record as deciding that three perpetrators attacked Meredith. The defenses never set out to prove Guede was a lone wolf attacker, for a long list of reasons, and they failed to prove that jailhouse witnesses Alessi and Aviello had pointed out credible alternatives.
16. The Hellmann-Zanetti report surprised a majority of Italian lawyers who read it for its passion and broad scope and tendentious logic, and for misunderstanding certain key legal concepts. Some instantly saw it as having feet of clay, and a pretty sure candidate for reversal.
17. The significance of Chief Prosecutor Dr Galati in the process seemed seriously discounted. UK and US media mostly ignored his appointment and where he came from, which was in fact Cassation in Rome where he was a highly effective Deputy Chief Prosecutor.
18. The Galati appeal itself was extremely competent and hard line and targeted the Hellmann appeal outcome in several levels or layers in a total of ten points. It is one of the toughest and most sweeping appeals ever filed in Italy, and in the US or UK alarm bells really would have gone off at this one.
19. Sollecito’s book was seemingly okayed by his lawyers, although it causes them major complications in three respects: it introduces new “facts” which contradict his own defense; it derides Italian officials and accuses them of crimes; and it looks like a seedy attempt to make money out of a crime for which the writer is still on trial.
20. While Sollecito had been acting happily oblivious and super-confident in recent months, he has added to Amanda Knox’s own problems by semi selling her out in his book, and by waking the new 800 pound gorilla of contempt of court prosecutions for not respecting the judicial process.
It may not surprise you to learn that Giulia Bongiorno has not had a very winning record at Cassation, and as far as we know the other lawyers have no experience of winning there at all.
Archived in Officially involved, The defenses, Public evidence, Appeals 2009-2014, Cassation appeal 1, Diversion efforts by, The Knox-Mellases, The Sollecitos, The Alessi hoax, The Aviello hoax
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Monday, March 25, 2013
Tom Kington Reports On Huge Questions That Have Faced Meredith’s Family Since 2011 Appeal
Posted by Peter Quennell
Judge Hellmann attempted to pick it apart but left no sensible scenario in its place. That is the toughest and legally most crucial argument of today’s prosecution appeal: that the 2011 appeal judges attempted to run a whole new trial - but essentially only listened to the defense.
In this context as Tom Kington reports the Kercher family lawyer in Perugia Dr Francesco Maresca has made this series of comments:
Francesco Maresca, a lawyer representing the Kerchers, claimed the acquittals of Miss Knox and Mr Sollecito were “defective” and “lacked transparency”, adding he was pushing for a retrial.
The appeal court rejected key evidence against Miss Knox and Mr Sollecito after ordering new expert analysis of traces of DNA found on a knife belonging to Mr Sollecito, and on Miss Kercher’s bra strap.
“There are many parts of the judge’s ruling that are defective,” said Mr Maresca. “For example, why did they only review those two bits of evidence? What about the blood in Miss Kercher’s bathroom and traces in the rest of the house?”
Mr Maresca also suggested the appeal court judge had buckled under pressure from supporters of Miss Knox in the US.
“There was a lot of external pressure and the judge showed a will from the start to acquit,” he said.
Dr Maresca also passes on a statement from Meredith’s sister Stephanie:
“We all still miss Meredith terribly… Unfortunately nothing will bring her back.” Miss Kercher said her family continued to receive support from around the world and had set up a Meredith Kercher Fund to help pay their legal fees, adding the fund could be turned into a charity foundation when the case concludes in Italy.
“A beautiful young girl, my little sister, was taken from us far too soon in such a brutal way with too many unexplained factors,” she said.
Archived in Officially involved, Victims family, Appeals 2009-2014, Hellmann outcome
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Thursday, March 21, 2013
Hard Line Against Seeming Self-Serving Meddling By Preston & Spezi Likely To Get Cassation Nod
Posted by Peter Quennell
[Another crazy provocation from Preston & Spezi The Angel With The Eyes Of Ice due in Germany soon]
Breaking news. Cassation is deciding right now on a formidably worded appeal by the Umbria Prosecutor General to sustain the MOF/Narducci investigation.
The mood generally in Italy is pro the Giuttari and Mignini Monster of Florence supposition, for which there is some firm proof, and not in favor of the hairbrained Spezi and Preston supposition, for which there is none at all. Giuttiari’s book Il Mostro sells very well, while Spezi’s and Preston’s MOF hardly sells at all.
Continued investigation had been stymied by the self-serving actions of certain Florence prosecutors in trying and convicting Giuttari and Mignini for supposed harm to themselves. That conviction was reversed a year ago by an appeal judge in Florence for lack of jurisdiction, and several week ago Cassation scathingly ruled that the case must come to a total end..
The judge who found Giuttari and Mignini guilty (Francesco Maradei) is now up to his ears in his own trouble for bending court outcomes, seemingly due to pressures and bribes. Meanwhile the way has been opened for Mignini to move up to the level of Prosecutor General for Umbria (there are four prosecutor posts at that level) in the next few weeks.
Giuttari spoke out strongly about the trumped up case, and in yet another unexpected development the police chief he blamed for blocking strong pursuit of the case, Antonio Manganelli, has just died.
This post by Yummi of 21 January (especially the second half) is a vital read.
One thing you can say for the fictionalist Doug Preston: he never knows how to quit when he’s behind!
Read our many, many posts especially by Kermit exposing Preston as a serial liar here. This new book [image at top] by Preston and Spezi in German on Meredith’s case is promised for release next month, and included in the publisher’s blurb is this claim:
In Perugia, Italy, the British student Meredith Kercher is brutally murdered in her apartment. Prime suspect is her American flatmate Amanda Knox and her Italian boyfriend Raffaele Sollecito. With sparse circumstantial evidence both are convicted to extremely long prison sentences. Two years later, an appeals process frees both. Douglas Preston and Mario Spezi roll out the spectacular case of Amanda Knox from scratch. Previously unpublished details, interviews with lawyers involved and the exposure of the dubious machinations of the Italian prosecutor Giuliano Mignini guarantee a breathtaking reading that can compete with any thriller.
Yeah, well, good luck with that one.
As we have reported in depth the Chief Prosecutor in Florence is already considering contempt-of-court charges for Raffaele Sollecito based on a large number of complaints about his book. If Amanda Knox’s book which is promised for next month impugns even one Italian official, she can be assured of the same..
Presumably so can Preston if this book, the latest of his many hairbrained ventures, comes forth. More reporting right here when Cassation decides on the Prosecutor General’s appeal.
Archived in Officially involved, Supreme Court, Other legal cases, Associated trials, The wider contexts, More sockpuppets
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Monday, March 18, 2013
Like Amanda Knox, Jodi Arias Forgets, Sings, Jokes, And Does Headstands In Interrogation Context
Posted by Peter Quennell
Archived in Officially involved, Amanda Knox, Other legal cases, Others elsewhere
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Saturday, February 23, 2013
An Overview From Italy #3 Dr Michel Giuttari Speaks Out About The Trumped Up Florence Case
Posted by Machiavelli (Yummi)
[Dr Michele Giuttari, former head of the Mobile Squad in Florenece and prominet authoer]
Dr Giuttari and Dr Mignini are connected because they both investigated the Monster of Florence case - and because a nasty case trumped up in Florence in retaliation has just been killed by the Supreme Court. .
The erratic Mario Spezi and his timid colleague the sniper from afar Doug Preston have blown up that case to gigantic proportions, as have the Knox and Sollecito forces, and most recently (very foolishly and ill-timed, as his claims may constitute contempt of court) Raffaele Sollecito himself.
Some important background can be found in Overview #2 and Comments here.
Michele Giuttari started his police career in the 1970s’ as a mobile squad detective in Calabria; after 15 years of “Calabrian “ experience he was appointed to the Anti-Mafia Division of Naples, and subsequently became the head of the Mobile Squad in Florence. During his Florentine service time, following investigation guidelines under the direction of prosecutor Piero Luigi Vigna, he produced a solution to the ‘Monster of Florence’ case, but also brought the investigation to an unexpected turning point.
[Former Florence chief prosecutor Piero Luigi Vigna created the “monster of Florence” term]
As Vigna deduced, the MoF was not really one serial killer, but rather the manifestation of the killing activity carried on by a small group of people, at least three. In fact three people were found guilty for taking part to the murders; but both prosecutor and judges were not entirely satisfied: because there was evidence – so the court concluded – that someone else was involved too, who remained unknown.
The investigation into the death of Dr Francesco Narducci was opened in Perugia in 2005 as a routine cold case, because of Narducci’s wife’s and relatives’ doubts about the “official” version of his “accidental” death in Lake Trasimeno.
[Former Perugia doctor Francesco Narducci found drowned in Lake Trasimeno]
Points of contact between Narducci and the MoF emerged independently from two directions, from the Perugia investigation, and from Giuttari’s findings from the previous Florence investigation.
Crossed analysis with the data bank collected by Michele Giuttari showed that several people were common witnesses both in the Narducci and the MoF case, while many things in the Narducci case were not adding up (for example, the unburied body was found to have died by strangulation, not by drowning, his trachea and hyoid bone were crushed).
Something even more unexpected was that the investigation into the Narducci case revealed - and partly itself triggered - a network or other collateral crimes. A number of people were caught engaged in criminal activities with the purpose of plotting cover-ups and obstruction of justice on this cold case. Among them were law enforcement officers and lawyers.
But most surprising and peculiar, there was a fierce reaction from some magistrates among the Florence judiciary, in an attempt to stop the Perugia investigation.
The first wild accusations launched by a Florentine prosecutor against Perugia offices were proven false, so the most serious charges were dropped by a preliminary judge as obviously unfounded.
But a second wave of legal action followed, alleging that Giuttari and Mignini’s wiretapping recordings were false; this accusation was also proven false in a trial, as expert technicians demonstrated the authenticity of all material.
But after ignoring the objection about territorial competence the judge managed to let one accusation stand – that of abuse of office, a charge less serious than the previous ones, which was not formulated on points of facts but only on points of law – at the first degree trial.
After some years, this charge was canceled, as the courts finally declared the whole investigation illegitimate, and they nullified both the first degree trial, and the investigation and indictment itself.
A last attempt by the Florentine prosecution to further delay closure was ended by the recent, final Supreme Court verdict. Meanwhile, a couple of Florentine magistrates were successful in stopping the investigation into the Narducci case, for a total of seven years.
Unfortunately these happenings are not entirely new to the Italian judiciary. This one resembles other happenings – possibly more serious – that affected the system in recent Italian history (the most famous examples are the Elisa Claps, or the plots known as “Toghe Lucane” targeting known magistrates such as Luigi De Magistris and Henry John Woodcock).
The system shows symptoms of stress from the whole extreme political instability of the country, but so far it still manages to fiercely resist those drifts.
Michele Giuttari is also an author. Albeit he is not the top crime fiction novelist for sales in Italy (the Italian market has top-class masters in the genre), yet he is the top-selling Italian crime writer in the English speaking world. Curiously, the best-seller among all his titles published in Italy – the non-fiction book about the history of the true MoF investigation – is the only one in his books which has so far been rejected by American publishing houses.
[The top-selling Michele Giuttari book, the non-fiction Il Mostro]
His last book bears the title “The Evil Dreams of Florence” [image of cover at bottom] and he might have chosen it as a metaphor of what he was drawn into by some people within the Florentine authorities and some in high positions.
After the final Supreme Court verdict on Feb 8., he posted a long comment about it in Italian on his Facebook page, in which he addresses his criticism mainly toward the head of police Antonio Manganelli .
[Chief of Italy’s civil police Antonio Manganelli]
I agree with Giuttari about the shame police chief Antonio Manganelli brought on his administration through the terrible handling of the case of the Genoa G8 violence. In 2001 some police corps attacked and tortured peaceful demonstrators in Genoa, following political inclinations, in what was called by Amnesty International “the most serious violation of civil rights committed by police forces in Western Europe” after WW2.
The leader of the Democrats (the main opposition party) at the time called it “state violence with a fascist mark”. Recently Cassation definitively called the event a “shame”, and prominent journalist Marco Travaglio wrote an open letter to Antonio Manganelli, saying “I beg you to kick out from your police force the authors of such henious crimes” .
[Police violence against peaceful protestors at Group of 8 meeting Genoa 2001]
Yet Manganelli (ironically his name means “batons” in Italian, and the Diaz School night assault is now remembered as “la notte dei manganelli”) – a man who apparently has the quality of being friends with many high-profile politics – had chosen to “help” them, to defend and protect from prosecution the proven authors of political violence, while at the same time, apparently he didn’t care about what was going on in Florence and quietly pulled a curtain of silence on a “politically uncomfortable” issue.
I add that Manganelli was recently found to be the most paid public employee of the Italian State (with a wage of 621,000 euros per year).
Dr Giuttari expressed his outrage against Manganelli in a comment on his Facebook page which I translate below:
Seven years of deafening silence by the head of State Police Manganelli
On February 8. 2013 the Supreme Court of Cassation, by declaring them inadmissible, put the final seal on the investigations that the Florentine prosecution had “illegitimately” carried on against myself, on the basis of mere accusatory theories about absurdly formulized charges of abuse of office which, allegedly, I committed concurring together with Perugia Public Minister Giuliano Mignini in the course of official activity, during my enactment of the written orders of a PM [supervising magistrate] at the time when I was responsible for a special team which had been created by the head of the police through a Ministry decree.
And this [Supreme Court] decision confirms, in a certain and incontrovertible way, on the one hand the “instrumental” nature of the judicial events, and on the other hand the fact that we should not ever have been investigated; and, what’s worse, that we should not ever have been tried in Florence by magistrates who weren’t impartial at all: and this is exactly what Cassation has asserted, addressing the investigators with a clear message, even if they did it by using the available legal formula of territorial incompetence (functional rectius)!
So ended a case of Italian miscarriage of justice, which, besides causing damages to we the defendants, it also caused – and this is even more serious and absolutely unforgivable – the stopping in 2006 of the ongoing investigation into the death of the medical doctor Francesco Narducci in Lake Trasimeno, which was believed to be connected to the serial murders of couples around Florence (the so-called monster of Florence).
It was seven long years of bitterness. Seven long years of blocked investigation. Seven long years of denial of justice to the victims’ relatives.
Seven long years during which the head of State Police held to deontologically [ethically] reprehensible behavior, which was especially serious since we are talking about a man [Manganelli] supposed to be an institutional point of reference for many people who put their lives at risk on a daily basis – who was appointed to occupy a top post (by the way, as we recently learned, a financially very, very well paid post), and he simply abandoned to his fate one police officer [myself] who had a professional history not inferior to his own, though not to his predecessor who held the same post before him.
This officer – leaving aside the solving of the monster of Florence case – was
(1) honored in the fight against the ‘ndrangheta [the Calabrian mafia] (on July 10. 2009 the Chief Prosecutor of Reggio Calabria declared publicly that Giuttari as a detective “created a turning point in the history of fight against ‘ndrangheta”);
(2) honored in the fight against the camorra (when responsible for the judiciary police department of the Anti-Mafia Division of Naples, I was appointed on request of the national Anti-mafia prosecutor Bruno Siclari for travel to South America for an important and dangerous investigation about an international drug traffic and an impressive series of murders);
(3) honored in the fight against the Cosa Nostra, and in particular the investigation of the 1993 mafia massacres of Florence, Rome and Milan (chief prosecutor Vigna, as he concluded the preliminary investigation, sent a letter to the head of the Anti-mafia Division – letter #8/95, sent on 2.2.1995 – where he stressed the officer’s important contribution);
I could go on.
They were all “pure” investigation , with no contribution from mafia turncoats or cooperators!
And what about the head of the state police?
He didn’t do what he was supposed to in his function as the police chief:
(1) protect his officer, from risks including those deriving from the important police activities accomplished; answer – or make someone answer for his office – the explanatory letters that were sent to him, very detailed letters which had a judicial corroboration today (letters were sent directly to him on 2.20.2010 and 5.20. 2010);
(2) protect him from professional and economical damage (for example by paying in advance, as was his duty, the legal expenses) since he knew very well that the officer operated in an institutional role, in the name of and on behalf of his administration.
He remained deaf to the various requests which were forwarded by the Minister of Interior himself at that time, he didn’t do anything. Inexplicably, he ignored everything.
And further, I cannot keep quiet about the punishments against the cooperators in my working team.
None of them was allowed to go back to the Mobile Squad, they were all appointed to totally unrewarding duties such as guard work. All these humiliations were offenses to the personal dignity of hard working people, as humble servants of the state let alone being police officers. And moreover it was true professional competences that were lost.
A deafening silence.
I might go on but I want to recall instead what Manganelli did – even at the cost of his own public exposure – in favor of those colleagues who were involved in the Genoa G8 events, the saddest page in the history of Italian police to my memory!
They were actually promoted in their rank and functions! I think about what he did for them, even paying thousands and thousands of euros in advance for their legal expenses and for the provisional damage payments, as reported in newspapers (Il Secolo XIX of 5. 22. 2010, p.6).
A deafening silence.
These of the head of police are conducts reasonably leading anyone to conclude that he used a double standard, he considered his employees, involved in different cases, as divided between “sons and stepsons” (the Genoa case ended with definitive convictions of all on all charges, the case where I was involved was shown to be a judicial flop).
Or even better put (it is incorrect to call his behavior a “double standard” or a different treatment for “sons and stepsons”) it was actually two opposite policies, on situations that were opposites to each other.
No, that’s really not good at all. That’s not how it should be.
And you should not ignore your own employees while you listen to those who are criminally indicted, you have your personal secretary call to fix a hearing at the Ministry with them, and you listen to them while they complain against others who were investigating them by written orders of the Public Minister ! (in the trial papers – no longer officially secret – there are phone call recordings with unequivocal meaning).
the head of police Manganelli was utterly disappointing to me, since he revealed himself to be light-years distant from the man and the officer I happened to know at the beginning of the eighties, before his drift into pernicious “political” things.
Hopefully, soon or later, a parliament inquiry on the Perugia and Florence judicial events will be appointed, to search into the behavior of some institutional personalities. I’ll be ready to offer my contribution to that.
And I’m sure Dr. Mignini will do the same too.
I conclude with a twofold question: Will the head of police now feel some guil, at least morally as a person? Doesn’t he think he should respond – if not to an ordinary court – to the most severe tribunal of his own conscience, within his internal judgment?
Michele Giuttari, ex-head of the Florence Mobile Squad
Archived in Officially involved, The prosecutors, Other legal cases, Others Italian, The wider contexts
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Thursday, February 21, 2013
Admitted Killer On The Witness Stand In Arizona Is Resonating And Polarizing In Familar Ways
Posted by Sailor
It is the weeks-long examination and cross-examination on the stand of Jodi Arias, who is accused of killing her ex-boyfriend and continuing sex partner Travis Alexander with at least 29 stab wounds and a slashed throat. In a few days she could be stuck with a death sentence, or conceivably even walk free.
We have often wondered how Knox would perform unfettered on the stand, as she may feel compelled to do if Cassation requires a reworking of the appeal verdict and sentence arrived at at the end of 2011.
There are some similarities and some differences.
The similarities involve her lying and her seeming callousness and attempted cover-up which suggest her mental acuity and balance are okay. The quotes below come from the ABC News account of Arias’ trial:
Arias “eventually confessed to killing her ex-boyfriend, but insisted it was self defense.”
And “the main reason (for lying) is because I was very ashamed of what happened. It’s not something I ever imagined doing. It’s not the kind of person I was. It was just shameful,” she said. “I was also very scared of what might happen. I didn’t want my family to know that I had done that, and I just couldn’t bring myself to say that I did that.”
The other parallel to Amanda Knox is Arias’ behavior after the murder. To avoid calling attention to herself, Arias carried on as if nothing had happened.
“Arias drove on to Utah where she was supposed to meet up with friends and a new romantic interest, Ryan Burns, for the rest of her roadtrip, she testified. There, the pair kissed and cuddled on Burns’ bed just 24 hours after Arias had stabbed and shot Alexander.”
The differences involve her family and the nature of Travis’s connection with the fervent local arm of the Mormon Church, which is especially fervent about no sex before marriage. .
Unlike Knox, whose father shut her up when she seemed to be getting close to confessing in Capanne Prison soon after her arrest, Arias credits her loving family with giving her the support that allowed her to finally admit what she had done.
“My family remained very supportive, and told me ‘it doesn’t matter what happens, we love you anyway.’ I realized even if I told the truth they would still be there and wouldn’t walk away,” she testified.
“By the time spring, 2010, rolled around, I confessed. I basically told everyone what I could remember of the day and that the intruder story was all BS pretty much.”
Travis Alexander was not only a fervent mormon - he was an elder in his local church where any pre-marital sex would taint both partners for life.
Having secretly slept with Jodi Arias for a long time, he discarded her as a “tainted” girlfriend (who he himself tainted) in favor of a virgin Mormon girlfriend - but continued to chase Arias down for sex anyway.
This is a take by an insightful reader calling herself Janine on the website Wild About Trial which seems to resonate with many, especially women.
Since Travis’s emails were read in court and the phone sex tape was heard in open court, it shows Travis’s personality in a dating situation. He had a Madonna Whore complex… the Mormon girls he would not touch because they were pure, then putting Jodi into the Whore category in which no form of sex or degradation was denied. IMO Travis should have paid for sex and not manipulating and degrading women who had fallen in love with him.
He treated her horribly. Her self esteem was obviously very low or she would not have permitted nor enjoyed being treated in this manner. He was chasing her as well, if only for a booty call. He was playing mind games when surely he must have known the person whose mind he was messing with was unstable. He didn’t care, as long as he could get the kind of sex he wanted when he wanted it and with no strings attached.
She slashed his tires, watched him, read his emails and he is still reeling her in and playing mind games a week before the murder. He messed with the wrong girl. She is guilty but not of murder one or two. I believe crime of passion or manslaughter. He had some culpability here even though I believe he did not deserve what happened. After a year of Travis’s form of abuse, she just snapped. He pushed her over the edge. And, yes, you would have to be unstable to be pushed over the edge but I believe he knew that she was.
She certainly gave him plenty of evidence that she was.
Even though Arias is now fighting to avoid the death penalty, she exudes a sense of peace that seems to have eluded Amanda Knox. The truth shall set you free!
First image below: this shot was taken by Jodi just minutes before Travis’s death
Archived in Officially involved, Amanda Knox, Other legal cases, Others elsewhere, On psychology
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Monday, February 18, 2013
Raffaele Sollecito Now Under Formal Investigation For New Crimes Apparently Unprecedented
Posted by The TJMK Main Posters
Breaking news. The chief prosecutor has taken this investigation behind the scenes. See the explanation added in the box at the end.
This is Wikipedia’s definition of “contempt of court” under US and UK common law.
Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court’s authority.
Often referred to simply as “contempt,” such as a person “held in contempt,” it is the judge’s strongest power to impose sanctions for acts which disrupt the court’s normal process.
A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.
A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.
We may now find out much more about the equivalent under Italian law.
When Raffaele Sollecito and Amanda Knox were released at the end of 2011, the prosecution filed a Supreme Court appeal within the allotted period. This automatically meant that Sollecito and Knox still stood accused of crimes until the Supreme Court finally signs off.
Typically Italian defendants in such a legal status get good legal advice, on the lines of “Shut up and keep your heads down. We need to be the only ones doing the talking here.”
Here such advice may or may not have been forthcoming, but the public record strongly suggests it was not. In fact Sollecios entire legal team is credited by both himelf and his shadow writer Andrew Gumbel with helping. This is what Gumbel wrote in his Acknowledgments:
Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.
In the same Acknowledgments Sollecito credits the following.
I was lucky to have a crack legal team who showed their devotion to the truth and, in some cases, did not even request payment. The team of lawyers and consultants included Adriano Tagliabracci, Francesco Vinci, Bruno Pellero, Francesco Introna, Giulia Bongiorno, Maurizio Parisi, Daniela Rocchi, Luca Maori, Donatella Donati, Marco Brusco, Aldo Poggioni, Delfo Berretti, Tiziano Tedeschi, and Antonio D’Ambrosio.
Interestingly, Luca Maori has already left Sollecio’s legal team, and all eyes are now on Giulia Bongiorno. Buy plenty of popcorn. Lawsuits could fly between lawyers and family.
Since the end of 2011 Curt Knox’s forces seem to have have gone full steam ahead with their own vilifications of the Italian prosecutors, police, judges, and witnesses - in fact almost anyone who had any role in 2009 in finding them guilty, or came to believe that was a fair finding. Ourselves included.
In late 2012 Curt Knox apparently invited all the most fervent of these attackers to Seattle, including Frank Sforza and Bruce Fischer, as some sort of reward for their legally very ill-advised campaign. Buy plenty more popcorn. Lawsuits could fly here as well.
Raffele Sollecito’s forces in Italy had been a lot more restrained.
But at a stroke, the shrillness of Raffaele Sollecito leapfrogged that of Amanda Knox’s forces, with the publication of his book Honor Bound by Simon and Schuster in English in the UK and US last September,
INSTANTLY the book became notorious in Italy, because excerpts were read out by an Italian reporter in New York on the national television show Porta a Porta. Raffele Sollecito’s father Francesco was on that show, and he was increasingly forced to admit a key claim in the book was invented. It simply never happened. His son made it up.
The false claim by his son that Francesco was made to repudiate - it reappears over many pages - concerned a claimed deal engineered by his family and offered by the prosecution to Sollecito.
The deal he claimed was to roll over on Amanda Knox, and if Sollecito did so, he would be home free.
Following the Porta a Porta show, the book (obtainable on UK Amazon, where many false claims are repeated in the reviews) began to make its rounds in Italy. It took some time before many official parties accused of crimes by Sollecito obtained copies and started to explore their own legal possibilities. They are apparently still far from finished.
At the end of last week, the Chief Prosecutor for Tuscany Giuseppe Quattrocchi received the first official request from Perugia, which is to investigate 12 very serious claims in the book against the prosecution and the legal institutions of Italy. The complaint nominates a number of witnesses.
The Prosecution office of Florence now has a maximum of six months to investigate whether there is a case against Sollecito and other named parties. If so, they will steer it through the hoops of the Italian process.
The potential ripple effects of this appear to us to stretch on and on. They could come to engulf both legal teams (credited in the book with helping) and all of the PR for both defendants. Sollecito’s publisher and shadow writer are specifically named in the complaint
If Amanda Knox is not let off the hook by the Italian Supreme Court late in March (the outcome we consider most likely, given the great strength of the appeal) the smart way for Knox to go in light of this could be to junk all her websites, her book, and her interviews, and throw her supporters under the bus. Plus maybe get smarter lawyers - the aggressive and inexperienced Dalla Vedova does her no favors.
Keeping Amanda Knox’s head out of this deadly new line of fire may be very late - but maybe better late than never.
The Prosecutor General in Florence is actually under no compulsion to make any of the Perugia and Rome complaints public before his investigation is complete. He has ordered all documents removed from the public domain.
This is specifically to give the defenses no advantage and to make sure those others in Perugia who are going to complain do so with a clean sheet of paper. It may also be to keep the yammering FOA remnants silent for the first time in five years.
Archived in Vital Must-Read Posts, Officially involved, Raff Sollecito, Police and CSI, The prosecutors, Diversion efforts by, The Sollecitos, Francesco Sforza, Hoaxes about the case, Solleci book hoaxes, The Dr Mignini hoax, No-evidence hoax, Knox interrog. hoax, The Lone-Wolf hoax, DNA contam hoax, The Alessi hoax, The Aviello hoax, Nasty-prison hoax
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Wednesday, February 06, 2013
Should The Amanda Knox Defense Maybe Point The Finger At An Angry Daddy?
Posted by Peter Quennell
There is not the slightest sign that their defenses know how to contend with the Supreme Court appeal filed by Umbria’s chief prosecutor Dr Galati. One has already walked (Maori) and the fact that the others don’t respond publicly to Galati speaks volumes to Italian lawyers.
If the first appeal (called in Italy the second level) is rerun in whole or in part, Sollecito and Knox could see Judge Massei’s “mitigating factors” annulled and find themselves each facing 30 years inside or even life.
The whole thrust of Sollecito’s ill-timed book (subtitle “how to shoot oneself in both feet”) is that he deserves to serve less time than Amanda Knox (who he “nobly saved”) and preferably to serve no time at all.
The sliding scales of all discussion of the case
Many bright people follow the case. We have many lawyers and crime experts and even judges read here. Many took a long time to settle on a “guilt” point of view and approached it very professionally (reflected in many of the posts written by professionals here). This is contrary to the klutzy, amateurish FOA campaign and their inaccurate rants about “haters”.
There are various great sliding scales or continuums in considering all aspects of this case. A lot of what we talk about on PMF and TJMK is where, precisely, we should all come down on each of these various scales at the end of the day. Especially of course how the judges in Rome and Perugia should calibrate them.
Via Dr Galati’s appeal and especially Sollecito’s book, we now have a new one. If reconvicted, should Sollecito and Knox serve equal time? Or should one or other serve more? Let us approach this by considering first some of the most-discussed of the sliding scales.
1) Was Knox a good friend of Meredith or increasingly a pariah?
Many here incline strongly to pariah.
Knox has an obvious tin ear and sharp elbows, was doing little study in Perugia, was making life hell for all her flatmates, was bringing noisy threatening lowlife men home (the other three virtually never brought men home), was disturbing Meredith’s studies, was hitting on patrons in Patrick’s bar, and was definitely into drugs to the extent that she might already have become an addict.
2) Pre-meditated murder or a hazing or spontaneous spiral initiated by Guede?
At least some here incline to the view espoused by some psychologists that Knox and Sollecito were probably both at minimum fantasizing violence, Knox against Meredith, and Sollecito long-term generically.
Knox had become threatened by Meredith in several different ways: Meredith was prettier, was much funnier, had won the best available boy, was brighter, had a tougher study regime, was more directed and ambitious, and had left Knox in the dust on all fronts. Hints that Meredith was about to get Knox’s job at Patrick’s bar could have been the last straw.
To most here, Knox has always seemed the initiator and the leader in the rage against Meredith, and the other two were possibly drawn in by group dynamics.
Judge Micheli certainly believed this. Judge Massei might have done, and his pointing at Guede (espoused in spades by Hellmann and Zanetti) and Massei’s “mitigating factors” both seemed “humane” stretches to give them a few years off - stretches which Chief Prosecutor Galati in his appeal and the Supreme Court in their finding on Guede have already both rejected.
3) Isolated crime/unique family or does American society incline this way?
Statistics show that society here in the US is separated out between super-rich and the other 99% more than at any time in the past 80 years and although productivity has been going up amazingly, all fruits of growth have gone to those super-rich. Many of them have a mindset that basically tells them they made it on their own, and government roles in their success and that of their creative hard-working employees dont matter a damn.
The situation and the anger in the US has been worsening, and absence of true growth for most people also have European and Japanese societies in disarray
In the US one can see heightened levels of anger in the losers of the Superbowl, in the renewed buying of guns, in conspiracy theories on the Internet, in the success of the very thought-provoking Hunger Games books and movie (small people against rich and a captured, cruel over-militarized government), in politics (of course!), and in the vitriolic flames on the IMDB movie forums now against the front-runner movies and actors for the Oscars.
We may not see this at major play here in the crime against Meredith, though, except in the over-competition sense, and the sense that Knox grew up in slight poverty (see below) and was burning through her savings with all the cocaine use (Perugia cops think it was cocaine)
4) Mental ill health in the perps and/or families or original evil?
Sollecito’s dad has long admitted that Raffaele is not normal, and he has struggled to keep him off drugs and focussed hard on his studies. His dad also admitted to all Italy that Sollecito included defamatory lies in his book.
An open and shut case? Seems so. Raffaele now looks “uncomplicatedly” psychopathic and the myriad wrong and nasty claims in his chest-beating book really hammer this take on him home.
That book seems to be his equivalent of Knox’s abrasive, uncaring two days on the stand in 2009 which so damaged her with the Massei jury.
Knox’s mental health seems more complicated. She was widely known to be “quirky” as a kid and then she became pretty wild in Seattle after she moved to live near the university. That certainly wouldn’t have helped.
Most recently, Knox seems to be sliding away into a bubble world without any possibility of admitting she needs treatment, which seems to explain her being kept well out of sight for a year now and not working or studying.
Generally the PROSECUTION in Perugia has been the side to suggest she is not mentally fully well (after the psychological tests in Capanne Prison in 2008) and the DEFENSE and FAMILY has been the side that shrugs this off and hasn’t made it any part of her defence.
Knox seems to have given off plenty of signs in the days after Meredith died that she was alternating between glee and horror. So she seemingly did know what she was doing on the night, and our guess is that it was she who pushed the knife in. In these circumstances the original verdict and sentence seem appropriate.
5) Knox made herself what she was or did her family contribute?
Curt Knox’s seeming blind rage at Edda during their marriage and for years after are an open secret among some in Seattle. He apparently had one of the worst records in the entire US in not paying child support to Edda for Amanda and Deanna, and had again and again to be taken to Superior Court by Edda to be forced to make his monthly payments.
Here are two public records showing two instances of him being taken to Superior Court by Edda.
And we are told that Curt Knox was counseled by one or more judges to get himself some anger management therapy. Apparently he wasn’t formally required to take anger management therapy. He may have done so, though there seems no record that he ever did.
Okay. Not all kids growing up in such toxic family situations suffer, but some do, and a few end up with their hard wiring seriously messed up. Some even end up as drug-takers and murderers.
The classic example recently was the mass killer Anders Breivek in Norway, whose early childhood in a toxic family situation was not entirely unlike Knox’s. (In that case also, the prosecution thought maybe he was nuts, and the defense, successfully, argued otherwise.)
Italian lawyers tell us that it would be for the DEFENSE to bring this up in Perugia if it is a possible mitigating factor, and that it doesnt impinge on the prosecution’s case.
But how could they?
Curt Knox was apparently the one who shushed Amanda Knox at their first meeting in Capanne Prison, Curt Knox was apparently the one who misled her about the world-wide skepticisim against her (she didnt know about that until she came out of prison), and Curt Knox was apparently the one who drove the nasty PR bus - and most recently hosted all of the worst of the rabid PR nuts (including Sforza and Fischer) in Seattle.
Curt Knox has apparently consistently instructed the defense lawyers and PR honchos to keep the pedal to the floor, even though Chris Mellas once openly argued against that. Amanda Knox may have pushed the knife in, but Curt Knox for five years has not come clean about his own possible role in any mental condition.
Our present conclusion
Without a lot more information on Amanda Knox’s early days in her broken home in Seattle, and her current mental condition and condition back in 2007, it is pretty hard to calibrate this. It is not really possible to be precise about where she should be on any sliding scale of time deserved in prison if she is finally convicted.
It is really incumbent upon the defense counsel in Italy (their lawyers’ code of ethics requires this) to push hard for this information, and if they think it relevant to present it to court at any rerun of the appeal trial.
Amanda Knox herself should want this.
Archived in Officially involved, Amanda Knox, Crime hypotheses, On psychology, Diversion efforts by, The Knox-Mellases, Francesco Sforza
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Monday, January 21, 2013
An Overview From Italy #2: Current Perceptions In Italy, Sollecito Case, Mignini’s Full Vindication
Posted by Machiavelli (Yummi)
My previous report on the bad news remorselessly building here for the defense was on the Procura Generale appeal to the Supreme Court.
One year ago – between the end of December 2011 and beginning of January 2012 – there were only rare idle comments in the Italian press about the Meredith Kercher case, more or less sarcastically noting the “suspicious” circumstances of the Appeal trial. I recall how a mention of the topic was dropped into the last number of “ll Venerdì” of 2011.
“Il Venerdì di Repubblica” is the weekly magazine issued together with the newspaper “La Repubblica” (thus probably the most read magazine in Italy).
The cover theme of that week was provincialism – or better “the provincials” - the adjective used to assemble a sample of seven little cities (Cuneo, Voghera, Rimini, Jesi, Perugia, Benevento, Partinico), picked from different regions, and taken as examples on the theme, that is stories of “local colour”; what goes on in small “provincial places”. A few characters and stories are brought in to depict the local life of each place, and the voices of local authors adds something about the places.
The article about Perugia (at pages 62-68) was by Luca Cardinalini. In that number of Il Venerdì, having stories of “local colour” as weekly theme, there were shades of ironic tones for each city, often through the voice of local intellectuals. As Perugia is described, the Meredith trial is quickly recalled among its local stories; the reader can’t miss how this is viewed as in connection with another most remarkable feature of the city, that is Masonry.
According to Luca Cardinalini and Enrico Vaime, Masonry is called a “Specialty” of Perugia, like chocolate. Local author Enrico Vaime intends to convey the people’s perception about shady powers existing in the city, about a local environment saturated by plots and informal powers, as something behind recent strange judicial decisions such as the Hellmann verdict and the apparent dropping of the Narducci case. The widespread belief of Perugians that the Public Minister (prosecutor) is the righteous one shines through the words of Enrico Vaime.
Also notice how racism appears to be another key perception about the verdict. Quality media press in Italy has a typical style of understatement. This comment hints that it seems obvious that the Appeal was a racist verdict - and it was “expected” that they would find a way to blame the black one and the outcast.
Some of Perugian “provincialism” seems to include a very narrow localism of Perugian identity: a person from Orvieto is reported to be called “a foreigner” ; but this is because the cultural viewpoint is based on the assumption of a personal knowledge of all people. In among this, there is Vaime’s knowledge about how rooted Masonic tradition and power is in the city, in a scenario of “brotherhoods” and “tribes” (the article includes a photo of the most known “Masonic” monument in Perugia: the gryphon or griffen – the emblem of Perugia – grabbing a toppled Pope’s Tiara in a sign of rebellion).
The report by Vaime is objectively correct : the concentration of members of Masonic lodges in Perugia is the highest in the world, about 5 times the national average of Italy (which is anyway very high).
In Vaime’s wording decent people in Perugia are ‘Christians’ or ‘Communists’ – these are the names he uses to address the main categories he sees as “good” people, two transparent moral systems. He devolves skepticism toward the less transparent allegiances, the murky and informal connections to powers.
I believe these perceptions from one year ago, in this colorful article about Perugia, should be most interesting to the readers of this site.
The first part of the article on Perugia is not that interesting - it speaks mostly about a local character named Ivano Massetti, nicknamed “Savonarola of Umbrian football”, the director (“boss”) of a local TV network and leading showman of his own soccer talk show. I skipped this first part with depictions of local folks, and get to the point at p.66 where the Kercher case is first mentioned.
This is my translation of the article from this point:
[…](p.66 line 17):
As Enrico Vaime – a 100% Perugian, a writer, and among many other things fiercly provincial – already knows: “Only in Perugia do you hear people saying “actually Tizio [random guy] was not a native from Colombella, but from Piccione”, which is three times further”. And when his grandfathers (farther of his father) bearing the same name Enrico Vaime, moved his formal place of residence [to Perugia] from Spello, on the official documents they wrote “emigrated to Perugia and married to a foreigner from Orvieto”.
The roots are extremely deep. “Still today” Vaime says “when I say to my family “we go back home”, I mean here, in Perugia, where I have not owned a house for decades. And I still call the roads and shops with the names they had when I was a child, even if now the owners are foreigners, from Shangai or, as I say, from Terni”.
Vaime is cross with the bad reporters who described Perugia, in the Meredith murder case, as a capital of corruption and vice: “An invasion of charlatan journalists who, as they believed they were visiting a remote and lost province, they painted it as a sort of Chicago on the Trasimeno Lake”.
[The fact] that no Perugian was involved in that sad story, to them that was an irrelevant detail. And the trial ended just the way many Perugians expected: a black guy first wrongly put in jail, another black one convicted, the two white, good-looking, wealthy and well defended young people, free.
So it was that the Public Minister Giuliano Mignini became a target. He’s a Perugian whom the Perugians know as the dominus of the other judicial case – this also is, yes, entirely local – about which everybody talks and knows, but always in a low voice: the death of doctor Francesco Narducci, the one suspected of having ties to the crimes of the Monster of Florence. From the judicial point of view that was - by half – just another hole-in-the-water [a failure] for which some critics have hastily put the blame on some alleged lunacy of the public minister.
But… however… meanwhile, this [Naducci] corpse-swap was indeed found to have been for sure, a kind of unique case in the criminal history of the country. And, for what concerns the recent acquittals of those characters involved in this death, well, after almost a year and a half we are still waiting for the verdict motivations. All of the suspects were esteemed high-class professionals. That’s a perfect mix of strange deaths, sex, lead-astray investigations, and Masonry; this is in the city with the highest number of Masonic lodges in Italy.
Vaime sighs: “Masonry is something alien from me, but I have many friends who are in it. In Perugia it works as a compensation chamber for various powers, but also as an effort for the surge of the spirit to many decent people. Masters, masons and “33”, but all of them decent Perugians”. Masonry is considered a local specialty, just like the bruschetta or the Etruscan arch.
“One day you find out that that mediocre employee of your acquaintance, or the one who performed an incredible career in the public administration or in politics, is a ‘son of Horus’. Then you either laugh, or you slap yourself on the forehead just like saying to yourself “Wow! [how could I ] think about it!”. “That travet* [*a generic mediocre opportunist employee], too”
Vaime says “to me it is a strange Perugian, with little interest for the Egyptian god compared to his covet for entering inner circles of a certain world. Their internal motivation is “I want to see how the lords sit at the table”. But in there [Masonry], you see, there are also good Christians and good Communists; as has always happened in this province, which has the art of living together in its genes”.
This month – Jan 2013 – the Italian press returned to the topic of the case again in a few brief articles. This time it was because of Sollecito’s book.
After Maurizio Molinari’s report from New York on the book in September, and the busting by Bruno Vespa on Porta a Porta of Francesco Sollecito, who ended up openly contradicting his own son’s statements, another hint appeared in the local press about what is cooking up backstage.
This article in Perugia Today has a neutral take, but the same understatement and kind of vagueness as it anticipates that something very likely will happen.
What I find most delightful is the quotation marks in the title around the word “author” – journalist Nicola Bossi doesn’t believe for a moment that Sollecito actually wrote the book:
Meredith Case: “author” Sollecito at risk of criminal lawsuit
The recounts about an alleged negotiation in order to pin the main charges on Amanda Knox, and unproven violence by the Perugia Police are under target. Mignini is considering criminal lawsuit.
Written by Nicola Bossi – Jan 4. 2013
The Meredith case is not closed, and this despite books and movies almost tend to drop it after the acquittal in second instance of Amanda Knox and Raffaele Sollecito - who were convicted in first degree for the murder of the English girl that took place in Via della Pergola.
On upcoming March the 25th the Court of Cassation of Rome will have to decide on the request for a re-opening the trial, submitted by the Procura with the authorization of Public Minister Giuliano Mignini.
In the environment of the magistrates there is confidence about a [guilty] verdict that many – in Italy and in the USA - have heavily attempted to discredit. But from the same environments around them, they talk about a greatly serene Mignini making assessments about the next strategic moves, following the attacks directed against him – and against those in Law Enforcement who cooperated with him – contained in the book by Raffaele Sollecito.
An upcoming criminal defamation lawsuit is becoming more and more likely every day, especially about some particular paragraphs. The material published by Sollecito has already resulted in discussions and clamor above all about claimed negotiations [with the prosecution] aiming to shift the blame onto Amanda alone, to be rewarded with his immediate release.
But there are also accusations against the Police about violence during his interrogations. “If you dare get up and walk, I beat you up in a bloody pulp and I kill you. I leave you in a pool of blood”. This is what you read in the book ‘Honour Bound’ issued in the US, as what Sollecito attributes to the Perugian officers.
“They wanted me to lie so they could frame Amanda”: this is the premise of the claimed negotiations claimed to indirectly involve Mignini too, which he always denied. Allegedly this would have been enough to get [Sollecito] out from prison soon, leaving the American woman in trouble.
So, these are grave accusations which Mignini apparently does not intend to let go unpunished. The criminal lawsuit is likely to be filed earlier than the date of Cassazione [25 March].
Another small piece of news is this article below published in Leonardo and written by Valentina Cervelli:
It seems basically a “commented” version of the Perugia Today article. Cervelli adds a few polite lines on her own thoughts in this piece, published on the Bbooks page of Leonardo,it; this is my translation:
Is Raffaele Sollecito going be sued soon for “Honor Bound”?
By Valentina Cervelli - 6. Jan 2013
Are there troubles in sight for Raffaele Sollecito? His “Honour Bound” book is going well in the United States in terms of sales, but here in Italy it might be soon result for him in a lawsuit for defamation by the Law Enforcement forces and by the Public Minister Giuliano Mignini.
As we know already, in Honor Bound – My journey to hell with Amanda Knox and return Raffaele Sollecito has reconstructed the whole judiciary story from his point of view, telling in his autobiography what [he says] is his own truth.
On March 25 Cassation in Rome will decide on the [prosecution] request for the re-opening of the trial submitted by the Procura authorized by Giuliano Mignini, after the acquittal in the second instance of the two main accused, Sollecito and Amanda Knox.
The young woman has returned back to her country and we bet it’s going to be difficult, if not impossible, to get her back in our country even in case of retrial after Cassation and a possible conviction. But lets leave aside this possible dispute and lets focus on the book. In Raffaele’s book Mignini is iimplicated because he reportedly comes out discredited. In the material published by Sollecito in his book he even talks about alleged negotiations in order to blame Knox alone, obtaining in reward a quick release.
And what about the allegations of Police violence during interrogations? Of course we don’t get into the merits, but it seems obvious that parties that may be considered offended would tend to launch a counter-attack to defend their dignity and their work. At the moment no lawsuit has been submitted. But with much probability that will be done before the decision of Cassazione.
By now we can only wait for the publishing of the book in our country, in order to assess with our minds what Raffaele Sollcito has written and the “hot” material published in his made-in-the-US autobiography.
By the way; one thing Valentina Cervelli might get wrong is the purported good sales of Sollecito-Gumbel’s book.
The Amazon.com site is reliable as quick indicator of a product’s success; the price of a new copy of “Honor Bond” on Amazon.com is now $ 3.51 (last week it was 3.76; the cover price is $ 24). It suggests sales are not quite as expected. The drop speed is significant if you consider that the book has been out for only four months.
Iin particular by the chief prosecutor there were some unexplainable decisions. As people reading this site know, Giuliano Mignini and Michele Giuttari were convicted (of some of the charges) in the first degree trial in Florence.
The motivations document was disconcerting because: besides the proof of their innocence on the main charge, what was described as the evidence on the remaining charge constituted extremely weak and vague arguments for what was claimed about Giuttari, while they were totally non-existent about Mignini.
In the second instance appeal as we know the court completely crushed the trial case.
The case against them collapsed not because of a technicality, as the FOAs falsely claimed. In the figment of their imagination the Knox supporters erroneously thought that the Florence court had an “option” to overturn the case, to find Mignini and Giuttari innocent, but that they instead decided to pass the judgment on to some other tribunal.
The pro-Knox believers are probably also ready to believe blindfolded that there was some kind of evidence against Mignini.
The Knox believers are wrong. What in fact happened in Florence is something almost unique in a judge’s career. The first remarkable event was the decision by the Florence court of nullifying the first degree verdict. They did not simply overturn the verdict (neither change, or “reform” it as we say) since an overturning would imply acceptance that a previous verdict actually existed and was legitimate.
The cancellation was in fact an in limine act about the validity , which does not require an assessment about it correctness. The court went way beyond. In fact they nullified the whole trial, not only the previous one in terms of judgment, but also the preliminary hearing, and the indictment; and even the request of indictment.
It is a legal outcome not comparable to a simple change or overturning because it is a ruling that the whole proceeding was illegitimate from the very roots. The investigation itself of Mignini and Giuttari was declared illegitimate.
If elements were found for the opening of an investigation, the prosecutor would be entitled to carry on their duties, though the investigators should be from another territory. This is important because the Florence court found evidence that people from the same office were involved in cases against Giuttari and Mignini, both as offended parties and as prosecutors.
Because of a basic conflict of interest, the local prosecutors were incompatible and the Procura of Florence had no jurisdiction. Not even Genoa would be compatible.
Florentine prosecutors therefore had no right to bring cases against Mignini and Giuttari. The investigation files now must now be sent to the competent jurisdiction – where they should have been sent from the beginning – which is Turin; there other legitimate prosecutors will decide if and how there is anything to investigate about, and if there are any charges to bring against anyone. The Florentine trials should have never taken place. The court ordered that the legitimate investigators are the Procura of Turin.
In addition, they also ruled that the court of Florence would be an incompetent jurisdiction in any further possible case that stems from that investigation: since the competent prosecution is Turin, in case elements for the indictment of anyone for any charge are found, in the future, everything should go to a court in Turin – this, only if there will be any charge to bring to court .
This decision in Florence was a total debacle for the Florence prosecutors. It is in fact “politically” much worse than an overturning of a verdict. It is not just a like a different conclusion on the merit, it is the decision to take away even the investigation from them, a kind of implicit censure of their work as highly illegitimate.
But at this point in the procedings, something even worse and even more strange happened. The Procura of Florence did something even more unusual, in fact unprecedented as far as I know.
Apparently the Florence prosecutors are not happy at all to pass the investigation file on to Turin. For some reason they seem instead to want to do unnecessary and irrelevant hard work instead. The Florentine prosecutors impugned the decision and revisited this at the Supreme Court against the Florentine judges.
This step is almost unheard of because the decision of the Florence appeal court is of a type that manifestly cannot be impugned at the Supreme Court. The recourse is obviously going to be declared inadmissible. If that submission was done by a private citizen, they would get a heavy fine for that.
Here it is a power in the Florence judiciary branch making this inadmissible move; for unknown reasons.
I’d like to know the real motive behind the latest Florence move, the only effect of which can be a waste of time (and money), a delay, of at least one or maybe two more years, which only makes the failure of the whole proceeding against Mignini and Giuttari more likely due to lapse on an expiration terms.
I say “I’d like to know” but in fact one motivation stands out as obvious: the whole proceeding against Giuttari and Mignini, from the first bringing of the charges at the lower courts, appeared as having a wasting of time among its purposes.
One practical effect - maybe a practical purpose - of pushing the charges against Mignini, was taking the file about the Monster of Florence case links with the Narducci case away from Perugia. By this move, the Florentine prosecutors managed to factually put their hands on the Narducci-MoF file and remove it from the investigating powers in Perugia.
Another effect of this was delay. Now this latest move looks as if its purpose were to delay, as much as possible, the transfer of the legal documents to Turin.
What is the ultimate event that, by all this, they seem to be seeking to delay? I can’t know for sure, I can only guess; in fact, I have only one answer, which also stands out as something obvious for those who know a bit of the backstage:
Giuliano Mignini is not an ordinary magistrate, he belongs to the Anti-Mafia Territorial Division of Umbria, and recently was selected for a further promotion by the Supreme Council of Magistrates.
In fact what is delayed is the advancing of Mignini’s career: in fact he has been already promoted to a directive function; but, by the rules, his taking the post was frozen while awaiting the outcome and conclusion of the Florentine prosecution.
Prosecutor Mignini is de facto already functioning as a prominent Magistrate in Perugia and considered as such; but formally he has not been given the directive power. Several people – among them Spezi and a number of his journalist friends, but possibly also other much more important people too – are likely not at all eager to see Mignini awarded further power.
About the latest endeavor by Raffaele Sollecito, who became liable for criminal defamation by writing false allegations about Mignini and others in his book, I expect - as logically unavoidable – that several powers and subjects will basically have no option but taking legal against him.
There will be a strategic necessity to doing this in order to prevent extradition issues in the future, but also, above all, on principle, because Sollecito made false claims about public institutions that needt to have their names cleared. Considering the kind of allegations against the judiciary as an institution, and considering that Mignini is a judge of the Anti-Mafia Division, this is the kind of lawsuit that I see as likely to be submitted on a national level, in Rome.
If that is the case, it would not be the only strange thing that the courts of Rome will deal with.
It seems like there is a kind of “curse” on proceedings related to the Narducci case. All sections of the Supreme Court which have been asked seem to have attempted to declare themselves ‘incompetent’ about re-opening the cases related to the Perugian doctor. The Cassazione is a huge office with a hundred judges working there, but maybe not so many of them are eager to deal with this case.
This could be only a coincidence. It only brings up to my mind, through a free association of thoughts, a more generic question – a personal question of mine – that is whether the words “Masonry” and “Politics” have an echo in Roman corridors too.
Finally I want to add another significant piece of Italian news.
The news a week ago was that the Procura of Florence is investigating a possible corruption/mafia plot involving construction enterprises and politicians that revolves around the building of a new high speed railway in Florence.
Some 31 people are being investigated and among them is the former governor of Umbria. A huge drilling machine – nicknamed the “Mona Lisa” – used to dig subway tunnels in Florence was sequestrated by the Procura.
In the last couple of years Perugia’s prosecution office had a main role in fighting political corruption, but it seems that the Florence Anti-Mafia division is also active, just as it was in the times when the prosecutor Vigna worked with them.
Vigna was the one who first evolved the “secret sect” scenario in the Monster of Florence case, raising unexpected problems among the Procura staff.
Archived in Vital Must-Read Posts, Officially involved, Raff Sollecito, Appeals 2009-2014, Cassation appeal 1, Diversion efforts by, The Sollecitos, Other legal cases, Associated trials, The wider contexts
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Saturday, January 12, 2013
How Much Or How Little To Blame Rudy Guede? The Defenses’ Immense Headache Coming Up #1
Posted by Cardiol MD
[Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]
On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?
Well, it sure varies.
In trial court and first-appeal court it was never ever 100%. Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.
In fact among the defendants and their teams only ONCE was Guede ever blamed 100%.
Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.
Our next post will look at the categoric claims against Guede in that book. Meanwhile, here, let us start at the beginning.
Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0%. Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.
In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point. After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.
At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.
In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene. In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito.
Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.
Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow.
During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.
We can assume that is either 33% or 50% but never more than that.
On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.
The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).
In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:
- The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
- But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.
I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.
Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.
We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”
I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it. Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.
It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.
I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.
I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review. We should know in March 2013 if they regret it at all, let alone ‘bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.
We were less impressed with how Judge Zanetti started the appeal hearings.
To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is ‘certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.
Unless the word ‘thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case.
For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.
Guede, himself, had certainly already made a documented reference to Meredith’s scream.
It was also certain that Guede had made documented references to his actual presence when Meredith screamed.
Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the ‘reliability’ of those facts, e.g. ‘it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?
The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:
- That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, ….so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
- That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
- That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
- That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “… the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19, 2007, also listened to by the Police, can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
- And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “…..he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”
So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:
- Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
- In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.
We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.
Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:
The Hellmann/Zanetti court, “has… made …. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.
In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him  to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .
The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times‛ (pp 88 of the call [transcript]).
If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times‛?
Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.
And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it ‚in favour of the two accused‛ both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe‛ and thus could well have been able to tell the whole truth (p 40 of the judgment).
Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.
 Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.
In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house – who must have been one of the flatmates, thus Amanda (p 11 of the call), – while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).
And also, on the subject of the break-in in Romanelli’s room – thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) – can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).
If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies  having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”
None of this changes my own beliefs that there are even many more things in evidence that are ‘beyond any reasonable doubt’. For example:
- It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
- It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
- It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.
In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it.
Verrrry tough situation for defense counsel to be in.
Archived in Officially involved, The defenses, Public evidence, The two knives, Crime hypotheses, Diversion efforts by, The Knox-Mellases, The Sollecitos, The Lone-Wolf hoax, The Alessi hoax, The Aviello hoax
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Tuesday, January 08, 2013
Perugia’s Exceptional Uni And Economy May Have Left RS And AK Feeling Like Small Frogs In Big Pond
Posted by Peter Quennell
[Multi-millionaire success story Brunello Cucinelli and, below, his Perugia-area factory and a typical store]
Few crime specialists seem to see the pattern of the attack against Meredith as being absent of intense anger.
There is no way that attack represents the pattern of a lone burglar or for that matter of a single perp of any kind. The Supreme Court already KNOWS that and they know that at first appeal the Knox and especially Sollecito lawyers tried desperately to prove that two or three other perps were there, either with Rudy Guede (witness Aviello) or without (witness Alessi).
For months now, apparently unnoticed by the FOA sheep, the defenses have been sounding absolutely feckless in the face of the juggernaurt prosecution appeal submitted to Cassation by Perugia’s chief prosecutor Dr Galati.
We’re betting that if they had it all over they would have urged Knox and Sollecito to take the short-form trial and one of the olive branches offered by the prosecution (that it was a sex-based attack which went too far, not an intentional preplanned murder).
They could have entered known facts about Sollecito and Knox to show that at the least they had tin ears and had always been callous, jealous and quirky. They might have advanced a drug-based excuse - the other olive branch advanced by the prosecution was that they were on cocaine and not marjuana that night and cocaine can induce rages leading to murder.
They might also have advanced the notion that both AK and RS were being remorselessly frozen out by their peers, who increasingly looked down on them, not least of course Meredith whose sleep and studies were constantly disrupted by the thoughtless, sharp-elbowed Knox.
Consider first who were their peers. Perugia is a city of driven high performers and it may not be the most comfortable environment for low-performing layabouts. In its own small way it is about as hustling as Manhattan.
It is one of the brightest cities in Europe with an extremely high median IQ. It is one of the top-performing cities in the Italian economy, in part because of the advanced scientific research at the very large university, and in part because it is the home to some brilliant international entrepreneurs.
Both these faces of Perugia are constantly in the Italian news. A search of the past week’s news for the university turns up reports on medical and mathematical and space-science breakthroughs and as usual a number of international conferences in the works.
And a search of last week’s news for Perugian businesses turns up for example this report on Brunello Cucinelli the highly sucessful and innovative fashion-goods entrepreneur who is now talking of doubling his factory.
Sollecito was never really a part of either. He had few friends and no girlfriends, he was a year or two behind his age-group in his studies, and he needed his back watched at all times - though from his book it is obvious that he felt needled by his highly successful doctor-father.
And Knox arrived with poor Italian despite all the claimed studies back in Seattle, she took on only a light and unimpressive study-load (compare Knox’s to Meredith’s) and she was rapidly shedding friends and the goodwill of her tolerant, well-meaning employer.
Neither had a credible and impressive career path in mind, and for that matter, still don’t. It is tough enough to know you are not making it, that can induce in many quite a rage.
Archived in Officially involved, Amanda Knox, Raff Sollecito, The wider contexts, Italian context, On psychology
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Thursday, December 20, 2012
Have The Raffaele Sollecito Defense Team Of Bongiorno And Maori Now Gone AWOL?
Posted by Peter Quennell
The lawyers are nicely credited (see below) in the book as eager helpers. They must just love that. Whoever feels that Sollecito defamed them may be able to require that those credited by Gumbel & Sollecito be cross-examined.
We do look forward to the possibility of seeing Giulia Bongiorno and Luca Maori (images above) sweat it out. Along of course with the “boundlessly generous” Steve and Michele Moore, and all those super-diligent publishers.
And of course Sollecito’s own father and sister, who were dedicated to “getting every detail just right”.
Of course the Sollecito book then turned around and whacked them. Maybe that is why Sollecito’s dad already admitted on national TV that his son’s claim that a prosecutor broke the law was simply made up. Not easy, being Pappa Sollecito.
Acknowledgments from page 266 of Sollecito’s book:
Andrew Gumbel would like to thank Dana Newman, who made a crucial introduction at the start of this project, the indefatigable Sharlene Martin, the ever gracious Gail Ross, the boundlessly generous Steve and Michelle Moore, my favorite pugliese Anna D’Elia, Peter Popham, Robert Adams, and of course the rocking, super-talented team at Simon & Schuster/Gallery who were never less than a pleasure and kept me sane against a tight deadline. Thank you, Jen Bergstrom, for believing in this book from the get-go, thank you Lisa Rivlin and Alex Lewis, and thank you, Trish Boczkowski, for your brilliant editing and infectiously good company. That’s amore!
This was a group effort all around. The Sollecito family, not just Raffaele, opened up their lives and their souls with remarkable candor. Thank you, in particular, to Francesco and Vanessa for days of fascinating conversation, for your dedication to getting every detail just right, for compiling exhaustive time lines, and making sure that material reached me promptly. Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.
Archived in Officially involved, Raff Sollecito, The defenses, Diversion efforts by, The Sollecitos, Hoaxes about the case, Solleci book hoaxes
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Friday, December 14, 2012
The Considerable Number Of Suspected Perps That Countries Extradite Daily To Other Countries
Posted by Peter Quennell
[Umarked Federal flying paddy-wagon, seen here leaving Seattle, transports 300,000 prisoners annually ]
Extradition is not without its controversies and not all extradition requests see a suspect sitting on a plane handcuffed to a federal marshal.
However, most do, and the US at federal and state level is at any one time processing hundreds of requests and transporting suspected perps hither and thither - the majority, of course, internally between U.S. states, but a large minority are incoming and outgoing.
Complete refusals of extradition seem very rare, as that can cause rebound and ripple effects down the ages.
The US is sort of refusing to send some pilots and CIA operatives back to Italy for trial, but those cases are both in the realm of the quasi military. In the case of the Italian soldiers being held in India for the shooting from a oil tanker of Cochin fishermen they suspected were pirates, even Italy says rules for military must be different.
The US and Italy co-operate on law enforcement more than most countries and the FBI and its Italian equivalent have officers from the other service permanently embedded. We posted on this case of Italy sending an American renegade doctor back to Indiana to face charges.
In general extraditions in both directions between the U.S. and Italy seem to go smoothly and if the State Department ever gets involved (it states that this is Justice Department business) we don’t see any evidence of it in recent reports.
These cases - some of them involving countries sending their own nationals to other countries to face the music - are all live cases on the first 10 of 30 pages when “extradition” is searched on Google News.
- The United States extradites US national David Kramer to Melbourne in Australia. He “has been charged with 10 counts of indecent assault allegedly committed in St Kilda East when he was a teacher at a Jewish orthodox school.”
- Canada rules to send Canadian national Rapinder (Rob) Sidhu a former Royal Canadian Mounted Police officer to the US. “The U.S. indictment… alleges Sidhu… worked with convicted British Columbia smugglers Rob Shannon and Devron Quast to operate a cocaine transportation organization based in British Columbia.”
- The UK sends back Joshua Edwards, a murder suspect, to the US after he fought extradition for five years. He is accused in a 2006 shooting death in Maryland.
- The UK sends back Prine “Prince” Jones to Newark New Jersey. “The 46-year-old Birmingham, England, resident is charged in a superseding indictment with conspiracy to import and export cocaine.”
- Mexico sends back two brothers to New York City “to join a third brother to face sex trafficking charges in New York as part of a complex collaborative effort to combat human trafficking”.
- The UK sends back TV star Robert Hughes to Sydney, Australia. ““He is wanted in connection with allegations of gross indecency, indecent assault and sexual assault towards children in NSW, Australia, between August 1984 and August 1990.”
- Guatamala sends Horst Walther Overdick to New York. “Overdick, known as “The Tiger,” was detained in April during an operation to arrest [very dangerous] Zetas [cartel] operatives in the Central American country.”
- Finland sends Igor Vassiliev to the US. “Igor Vassiliev, 38, a Russian citizen, was arrested in July in Finland, based on an Interpol Red Notice. He is only the third person ever extradited from Finland to the U.S….[in 2005] a federal grand jury handed up indictments charging him with health care fraud and conspiracy to commit health care fraud and mail fraud.”
- The United Arab Emirates sends Kamchybek Kolbaye back to Kyrgyzstan after a two-year legal process. “Kolbayev faces charges of kidnapping, robbery, organization of a criminal group, illegal drug trafficking, and illegal weapons possession,”
- Israel will send Israeli national Aleksandar Cvetkovic to Bosnia. He was arrested in 2011 “on an international warrant after witnesses testified that he had assisted in the shooting of some 8,000 Muslim men and boys in Europe’s worst atrocity since World War II.”
- Ireland extradites Philip Baron to Liverpool in England. “Alleged crime gang boss Philip Baron faces four charges relating to money laundering and conspiracy to import a huge shipment of cocaine and cannabis to the UK from South Africa and Costa Rica between 2005 and 2009.”
- The US may extradite David Headley to India. “CNN-IBN reported US Under Secretary Wendy Sherman as saying, “The US acknowledges Hafiz Saeed is mastermind of 26/11 [Mumbai bomb] attacks. President Barack Obama is determined the US will bring Hafiz Saeed to justice.”
- The UK will extradite British national Lee Aldhouse to Thailand. “Mr Aldhouse successfully fled Thailand after allegedly stabbing American Deshawn Longfellow to death in August 2010. He was later arrested at Heathrow Airport on an unrelated charge when he tried to re-enter the UK.”
- Mauritius has sent Captain Kung back to Taiwan. “Kung was suspected of shooting and killing 12 Chinese sailors [in 1999] on his… fishing vessel during a failed mutiny attempt on Feb. 1999. The vessel at the time was sailing on waters northwest of Mauritius…. Kung was later arrested by Mauritius authorities and sentenced to 20 years in prison.”
- Italy will deport Muiz Trabulsi to Tunisia under an agreements signed by Italy Justice Minister Paola Severino. Muiz Trabulsi is “the nephew of Layla Al-Trablisi, Tunisia’s ex-first lady, to stand trial in Tunisia…. [a part of Tunisia’s eforts] efforts to bring back money stolen by members of the former regime”.
- Bulgaria extradited Stefan Klenovski to Italy, who “had a Europol Arrest Warrant (EAW) issued against him by Italian authorities on suspicions of participating in the crime ring practicing ATM fraud [and], was arrested on January 27 in a shopping mall in downtown Sofia.”
Two more cases are now prominently in the news: Wikileaks founder Julian Assad, holed up in the Ecuador Embassy in London, who the Brits want to extradite to Sweden, and John McAfee, the formoer software magnate now back in the US, who Belize may charge with murdering his neighbor.
Almost invariably while awaiting a final decision those subject to an extradition request have to sit out their appeals in prison. If Amanda Knox is reconvicted in a new appeal trial ordered by the Supreme Court, she could face years sitting in an uncomfortable American prison if her extradition is disputed.
Or, of course, she could willingly move straight to an Italian prison, which as she knows offer in-cell TV, private bathrooms, good career skill-building, and concerts.
[Below: Paola Severino, Italy’s relentless no—nonsense justice minister]
Archived in Italian justice v others, Officially involved, Amanda Knox, Appeals 2009-2014, Extraditions, Diversion efforts by, The Knox-Mellases, Hoaxes about the case, No-extradition hoax
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Tuesday, December 11, 2012
Simon & Schuster Seem To Be Seriously Rattled Over Lack Of Due Diligence On Sollecito’s Book
Posted by Peter Quennell
What Simon & Schuster’s agent is complaining about was a chronological reordering (behind the scenes and not linked to from the front page) of these many corrections here. Our Kindle and hardcover copies were legally purchased. Simon & Schuster put about 1/4 of the book on the front of their own website, and Google Books also carries about 1/4 of the book to read free.
Admittedly, our corrections may have been quite a shock. However, we didnt cause the book sales to tank. All of our past posts on Raffaele Sollecito’s book can be seen here.
Mr Eraj Siddiqui
119 South B Street Suite A,
San Mateo, CA 94401
Dear Mr Siddiqui
Thank you for your “Verified DMCA Removal Request from Attributor” copied below.
The book you refer to appears to contain up to 30 instances of criminal defamation under Italian law and literally hundreds of wrong and injurious statements that are hurtful to many fine officials in Italy.
We have full legal rights to point out the myriad mistakes in the book. In fact a defamation of a prosecutor in the book has ALREADY been admitted on Italian national TV by the writer’s own father in Rome.
That Simon & Schuster apparently failed to do their legal and factual due diligence on the book prior to publishing seems to us to be absolutely nobody’s fault but their own. They are hardly new at this game.
Nice try, but sorry, no cigar.
I certify under penalty of perjury, that I am an agent authorized to act on behalf of the Rights Holder identified below, the owner of certain intellectual property rights in the Work(s) identified below.
I have a good faith belief that the information contained in this notice is accurate, and that the page or material listed below is not authorized by the Rights Owner, its agents, or the law for use by the individual(s) associated with the identified page listed below or their agents.
To the extent that the Digital Millennium Copyright Act, the European Union’s Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions apply to your service, if at all, I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE(S) OR MATERIAL(S) at the Infringing URL(s) identified below.
Note that in some cases the pages/material may have been removed after the sending of this notice but prior to your review.
My contact information is as follows:
Organization name: Attributor Corporation as agent for Simon & Schuster Inc.
119 South B Street
San Mateo, CA 94401
Nothing contained in this letter or in any attachments constitutes a waiver or relinquishment of any right or remedy possessed by the Rights Holder, or any affiliated party, all of which are expressly reserved.
My electronic signature follows:
*** INFRINGING PAGE OR MATERIAL ***
Infringing page/material that I demand be disabled or removed in consideration of the above:
Rights Holder: Simon & Schuster
Original Work: Honor Bound
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P0/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P5/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P10/
Archived in Officially involved, Raff Sollecito, Diversion efforts by, The Sollecitos, Hoaxes about the case, Solleci book hoaxes, The Dr Mignini hoax, No-evidence hoax, Knox interrog. hoax, The Lone-Wolf hoax, DNA contam hoax, The Alessi hoax, The Aviello hoax
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Saturday, December 01, 2012
Knox Defense Utters A Rather Hypocritical Whine About Lifetime TV Movie Airing In Italy Monday
Posted by Peter Quennell
Breaking news from Italy on the “legal threat” to the Lifetime movie airing tonight. Mediaset is the Italian agent for Lifetime here. From the Mediaset website our main poster Jools translated this:
MEDIASET: NO FORMAL NOTICE OR PETITIONS
“Mediaset has not received neither formal notice or petitions” from the lawyers of Amada Knox on the airing of the film of the same name. The company in Cologno Monzese [Milan] explains: “Mediaset has only received a letter with an invitation from the lawyers requesting to transmit the film in accordance with the requirements of the law. Which is something Mediaset does with every program that goes on air”.
Good grief. Are the Knox-Mellases paying good legal fees for this wimpish note?! Or is their PR/media effort as so often blowing smoke to hide the hard truth that they have yet again over-reached?
Sympathy for Amanda Knox seems in total meltdown these days.
Unlikely to turn around soon. The very ugly campaign run by Curt Knox’s hatchet men and the hyper-aggressive book we’re apparently promised next April seem to demonstrate a disastrous tin ear.
Knox has had almost a full year to do the patently obvious: get out in front of some TV cameras, and explain once and for all to everybody interested in truth and justice what really happened between her and Meredith in the house. She has had several years to answer the hundreds of open questions reflected on this site which she still ignores.
Kindly translated by our main poster Jools, this is the flailing Knox defense lawyers’ complaint about the airing on Italian TV of the Lifetime movie this next Monday.
Perugia- A formal legal notice not to air on Monday the film based on the murder of Meredith Kercher was sent to Mediaset [Lifetime] by Amanda Knox’s lawyers Carlo Dalla Vedova and Luciano Ghirga. The Seattle young woman’s name and surname forms part of the title of the fiction scheduled for evening prime time on Channel 5 on Monday December 3.
“There is an ongoing process” said Ghirga “and therefore we believe it is inappropriate to be aired”. “I do not like the film” meanwhile Knox said from the USA to her lawyer. In the United States in fact “Amanda Knox Murder on Trial in Italy” was aired often around a year ago, and the Seattle student has already seen it. “She asks us” said her lawyer Ghirga “to do what we can so it is not aired in Italy”. And furthermore, concludes the lawyer ironically “I don’t like the actor who plays me”.
Knox was convicted in the first instance with her former boyfriend Raffaele Sollecito for the Kercher murder, but they were both later acquitted on appeal and are now awaiting the decision in March 2013 from the Supreme Court on the appeal brought by the Prosecutor General of Perugia and the Kercher family.
Our Italian lawyers note that the EXACT SAME ARGUMENTS could be applied to the manipulative, innaccurate piece of fiction Honor Bound put out a few weeks ago by Raffaele Sollecito.
As that book parrots many of the spurious, puerile claims made by Curt Knox’s hatchet men, they seem to have had a major hand in it. But the Sollecito and Knox lawyers have issued NO complaint about that book - even though Sollecito’s own father admitted it is defamatory of the prosecution.
If there is a real difference between the legal implications of the Lifetime movie and the Sollecito book, we’d like to know what it is. Lifetime lawyers, please take note.
Archived in Officially involved, The defenses, Reporting on the case, Movies on case
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