All our posts on The three defendants

Wednesday, April 09, 2014

Sollecito Takes On A New Lawyer To Help Him Work His Way Past The Minefield That Is His Book

Posted by Peter Quennell





Both Sollecito’s book and Knox’s book seem to have the primary purpose of poisoning public opinion against the courts.

The serious charges Sollecito and Knox will probably face for those books are of three kinds: (1) the contempt-of-court misrepresentation of the Italian justice system itself; (2) the obstruction-of-justice twisting of the evidence in the case; and (3) the claims of crimes committed by numerous career police and prosecution officials.

If false, in effect a gigantic frame-up that leaves Knox’s framing of Patrick in the dust.

At the eighth session of the Florence appeal court back in January, Giulia Bongiorno engaged in a day-long summation which was peculiar, to say the least.

Like Sollecito and Knox in their books, Giulia Bongiorno seemed to be attempting to put the justice system and investigation and prosecution in the dock.

If false, another gigantic frame-up that leaves Knox’s framing of Patrick in the dust.

Bongiorno’s rant didnt seem to help Sollecito in undermining any of the hard evidence in the case, and it left the judges visibly unmoved. But it was notable how closely it resembled the rants on the justice system and its officials by Sollecito himself in his book. See the examples in the post below.

There are some complex later passages in Sollecito’s book and some recurring themes that we will analyse which would seem impossible for Sollecito to write about in such detail without the extensive help of a lawyer who was in the court.

Who precisely was that?

Reports from Italy now state that Alfredo Brizioli, not Giulia Bongiorno, will be the lawyer the Sollecitos choose to respond to the investigating prosecutor’s report on the book. Perhaps Mr Brizioli (who right now is himself on trial for obstruction of justice in another case) can try to negotiate a way for his client to spread the blame before the charges are set in stone.

The Sollecitos seem weak. Alfredo Brizioli seems weak. Giulia Bongiorno seems weak. And Knox also seems weak - if Sollecito is ever going to back away from Knox (perhaps to try to claim the final murderous stab of Meredith was solely Knox’s crazed idea) there is just this one last chance.

We in no way favor Sollecito getting off lightly without recanting. We do want to point to the potential fireworks a smart prosecution has engineered that might help achieve this.

Although there was a sort of bidding war for both books, not every publisher, having seen what was to be in them, was eager to join in. Some did sit on the sidelines. 

Withdrawing the two books ASAP might be the smart move. The mood in the book industry in New York, where both publishers have their HQ’s, seems to be that that move could be the wisest.




Monday, April 07, 2014

Italy Pushes Back On Dirty Tricks And False Claims: Examples Of What Sollecito Must Defend In Court

Posted by The TJMK Main Posters



[Florence prosecutor Gianbartolomei will announce charges later this month]

Many posters contributed to this analysis and to what is to come. Special thanks to James Raper and Sara, and also to Vivianna, Yummi and Kermit.


Sollecito’s blood-money book gets published

Sollecito’s hapless book Honor Bound was released in English on 18 September 2012.

Within ten days all of Italy knew that the book was a crock.

Bruno Vespa, the persistent host of Porta a Porta, Italy’s most popular crime show (for the equivalent of which American TV cries out) forced Sollecito’s father in national prime-time to admit that at the core of the book was a huge lie.

Other claims about the case and the officials were shown to be wrong too.

Smarter people than Sollecito’s help in the US (Andrew Gumbel and Sharlene Martin, later John Q Kelly, and Simon & Schuster) might have put on the brakes until they got the truth straight and a revised version out.

But no, a media blitz was all ready to roar. The blood-money couldn’t wait.

Huge numbers of professional book reviews and Amazon reader reviews swallowed Sollecito’s claims in the book whole. The nastiness toward Italy and its justice system and officials was pushed onto a whole new plain.

Needless to say, official Italy did take note

For the legal reasons explained in this key post an investigation by the Florence Chief Prosecutor’s Office was mandated to begin.

In that same post it was warned that for the period the investigation would require, it would be taken below the radar, so that the Sollecito defense team would have no way to respond through dishonest PR or legal dirty tricks.

A not-unsurprising result of that stealth move was that in the meantime, in the last year, very full of themselves and feeling no constraint, Sollecito and his team went hog-wild in adding more crazy claims.  And still more.

Now the investigation is complete

Now Prosecutor Gianbartolomei has issued his announcement of the conclusion of his investigation. The content of the notice is at present confidential except to the defenses.

As Yummi reports, from this point on, the defense has 20 days to say something, such as to request that Sollecito be interrogated or allowed to declare or explain something.

Then the prosecution will file charges against Sollecito and Gumbel, and possibly Sharlene Martin and Simon & Schuster, their careless publishers in New York.

Which precise false claims Prosecutor Gianbartolomei has made the target of his report we do not know. But this is a target-rich environment, that is for sure:

Consider for starters these 20 false claims which, believe it or not, all appear in the first seven pages of the book.

1. That Italian justice authorities took the easy way out

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

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

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

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

2. That the preventive custody was very harsh

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

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

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

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

3. That the prosecution and Italian media demonized the pair

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17. That the Italian judiciary has vast, unfettered powers

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On our further postings

Akk of this above analyzes only the first seven pages, out of a book which has several hundred pages. We will post one or two times more during April. Later in the book, there is a lot of venomous sneering addressed at Dr Mignini, although his performance at trial was excellent - and he is now for Perugia’s region (Umbria) the Deputy Prosecutor General.

In Italy Dr Mignini is now and then on national TV along with Michele Giuttari, who pursued the main Monster of Florence theory - not the crackpot theory Preston and Spezi attempted to use to frame someone. At impugning him,  Sollecito and Gumbel have failed miserably, and for that are now in the crosshairs of the system.

*******

Many posters contributed to this analysis and to what is to come. Special thanks to James Raper and Sara, and also to Vivianna and Kermit.


[Kermit’s take on Katie Couric, one of several smart TV hosts who suspected a giant con]


Friday, April 04, 2014

The Florence Chief Prosecutor’s Office Announces That Sollecito Will Face More Court Action

Posted by The TJMK Main Posters




Breaking news from Main Poster Yummi

Prosecutor Gianbartolomei has issued a notice about the conclusion of his investigation. The content of the notice is confidential for the defenses.

From this point the defense has 20 days to say something, like to request that the defendant (Sollecito) is interrogated or has anything to declare, or to submit any documents if they want to.

Then, once the 20 days are expired, the prosecution will file charges.

Since the charges will include almost certainly, beyond aggravated defamation, also contempt of the Judicial organs, the prosecution may send a notice to the Ministry of Justice too.

Since they are victims of contempt they may appoint a plaintiff.

The senior Florence prosecutor Dr Giuliano Giambartolomei was assigned to investigate the claims in Sollecito’s “Honor Bound”.

Today he announces that his findings indicate that many claims are spurious and justify new charges being brought against Sollecito. Shadow-writer Andrew Gumbel, who recently published this self-incriminatory rant has also been named.

When the charges are filed several or some others who have been assiduously “helping” Sollecito (mostly for big bucks) such as book-agent Sharlene Martin might find themselves named also  

So Sollecito for sure and Knox most probably will be confronting the often-contradictory claims in their books, and saying whether they accept or reject each of them, which should put other book-writers who made false claims on the spot and maybe wind the whole FOA effort down.

We will be making our separate page on Sollecito’s various false claims live again. Main posters have posted a large number of corrections to Sollcito’s claims in the book. We have been putting them in correct page-order.

Miriam has kindly contributed this translation of today’s report in Il Messagero. Dr Giambartolomei only hints to the reporter what will be in his report which will quote all the passages in full for which Sollecito will have to account. 

Raffaele Sollecito Insults The PM And A New Trial Starts

As always everything [possible] is presumed and as always, in the case of the murder of Meredith Kercher, everything [possible] can be overturned at every verdict.

Even in the associated trials, such as the one for defamation (against PM Mignini) and contempt (against the police) for which Raffaele Sollecito, found guilty of the murder of Meredith Kercher along with his ex-girlfriend Amanda Knox, is being investigated along with the British journalist-author (now in absentia) Andrew Paul Gumbel.

Defamation, because many parts of the book “Honor Bound”, of which both are authors, contains for the prosecution various ignominious remarks.

More than simple phrases, entire chapters (allegedly) of the book are written in what is technically called “conclusione delle indagini” and requires the matter to be brought to justice, and therefore to trial.

[The book] starts by summarizing the main evidence (that was then proved to be wrong by the facts) against Sollecito.

The two being investigated write: ” the main proof that Mignini had to bring to the preliminary hearing were my Nikes… and he did everything possible to render them more incriminating…”

Then again “the police had only the pictures of my shoes (not those of the print) and in some way they came to the conclusion that my Nikes were the same brand, model and size as the shoeprints on the floor of Meredith’s apartment. There was no doubt about this”

Then the facts demonstrated that the shoe prints where of Rudy Guede, the third person condemned for the murder of the British student, and could not be those of Sollecito, because of the size.

Therefore this touches on the management of the trial on the part of Mignini. Sollecito-Gumbel write: “one of the reasons that our hearings were so distant one from the other was that Mignini was fighting his own separate legal battle for abuse of investigated activity.”

This connection goes to the case of the death of the Perugian Doctor Franceco Narducci, connected to the Monster of Florence case which Mignini had investigated.

Sollectito sustains: (defended in this case by Alfredo Brizioli) “I think our case, among other things, was a big diversion to keep the media’s attention away from the legal battle Mignini was having in Florence, and to give him the victory in a high profile case he so desperately needed to restore his reputation.”

The young Pugliese continues: “…..just as he did in the Monster of Florence case, Mignini used every instrument at his disposal against his critics and adversaries. The avalanches of legal action by part of Mignini had an inevitable icy effect , especially on the Italian press and this played a clear role in turning the public opinion against us.”

The charges against Sollecito and Gumbel are those of having sustained that it was Mignini’s idea to seek to obstruct the investigation as is from the beginning, it was a studied act to bend the investigation and turn the trial to his side.” 

This is a clear accusation in the eyes of the prosecutor Giuliano Giambartolomei: “His approach (Mignini’s), Sollecito is saying, was particularly vindictive…. This is enough for Sollecito to face charges of defamation.”

Important to note that Dr Giambartolomei does NOT explain here precisely what will be in his report. That will have to quote all the passages in full for which Sollecito may have to account. Then he or whatever prosecutor charges Sollecito will go to another depth.

With our analysis of the book and knowledge of Italian law we can probably pick many or most of the false claims made which impugn officals or the Italian system.

More posts coming. Stay tuned.


Monday, February 24, 2014

Power Shift In Italy Very Unfavorable To Anyone So Stupid As To Thumb Their Noses At Italian Justice

Posted by Peter Quennell




Meet 39-year-old Matteo Renzi

Mr Renzi was sworn in by the President of the Italian Republic on Saturday as the new Prime Minister of Italy. As a top German newssite remarks, he is looking like a much-needed breath of fresh air.

Mr Renzi is colorful and dynamic and very popular, and may become one of the most effective leaders in recent Italian history and a major player on the world stage. Mr Renzi comes from FLORENCE where he was the popular and effective mayor.

Unlike the Berlusconi faction in parliament (which once included Giulia Bongiorno) Mr Renzi is a big friend of law and order, police, and justice. In the image at bottom you can see him opening the huge Palace of Justice in Florence with all the top officers of the court who just organized the appeal.

This is very bad news for Sollecito and Knox and their foolish gangs, as Mr Renzi will be very unlikely to look kindly on that same Florence court - and any court in Italy including, especially, Cassation - being flouted by convicted perps and made to look weak.

If the new Minister of Justice sends an extradition request to his desk, you can bet that he’ll send it on to the United States. And the US, very keen to stay on good terms with Italy as one of its 2-3 most reliable allies, will exhibit little if any resistance to the extradition of Knox.

More bad news for Sollecito and Knox

The sardonic Italian media is paying very close attention to the ongoing game of each of them pushing the other closer to the flames, and the almost-certain prospect of the two of them and Rudy Guede explosively flying apart.

The Italian media is picking up on signs that Sollecito has become highly resentful at his on-again off-again rejection by Knox, especially as many or most in Italy believe it was Knox who wielded the big knife that killed Meredith to which the other two had maybe not signed on in advance.

There are additional pressures headed down the pike. First, Rudy Guede will be given brief study leaves soon, and under Italy’s new “clear the over-crowded prisons (somewhat)” law Guede could even soon see himself released and free to talk.

Plus the investigators examining the criminal defamation of the justice system and officers of the court by Knox and Sollecito in their exceptionally foolish books are believed very close to announcing that a case against them has been made.

Sollecito’s father on national TV has already admitted that Raffaele lied about a deal to get him off, and this on Knox seems an open & shut case. Knox and Sollecito might face additional sentences of 3 to 7 years if they keep provoking a hard line.

Here are two articles translated by Miriam which summarise (not perfectly in our terms but good enough) the signs of the growing divide and the evidence that will see Knox and Sollecito back in prison.

Vitadamamma

Amanda Knox Will Return to Italy and Go to Jail, as Will Raffaele Sollecito, While Rudy Guede Will Be Freed

This scenario is not only plausible, but seems to be the natural outcome of the last sentencing of the Mez case. Few believe that the Corte di Cassazione could overturn, again, the verdict of the Corte d’Assise d’Appello of Florence.

So Amanda Knox will return to Italy and go to jail.  For Amanda Knox, “her extradition is quite possible” Christopher Blakesely say without equivocation. He is one of the main experts on such penal proceeding in the United States.

The day after the verdict of the Corte d’Assise d’Appello of Florence, Giovanna Botteri, the RAI correspondent in the USA, reported something similar, underlining that Amanda rushed to CNN to cry all her tears didnt help.

Knox uses even the social networks to scream again her innocence, but the law says something different.

Even Italian popular opinion seems not in Amanda’s favor : Perugia,  through the social networks, has literally screamed its disagreement and displeasure against Amanda (read: L’Urlo di Perugia: a Facebook page against Knox:  from the people of Perugia)....

Rudy is at the moment the only one sentenced in jail…. How does Rudy reconstruct that night?  Rudy swears to having consensual sex with Mez.

After the intimate relation Guede went to the bathroom and from there he heard her scream, rushing to her room he found her in a pool of blood, and tried to help her. Realizing that Meredith was dead, in shock he ran away.

On the plausibility of this reconstruction, the judges had numerous doubts, to the point of finding Guede guilty and sentencing him.

This reconstruction, according to his lawyers, explains not only the biological traces of Rudy all over the crime scene but also his flight.

How does Amanda reconstruct that night?

Amanda continues to sustain that she did not wield the knife that killed Mez, that she heard her scream while she was in the kitchen and that she covered her ears like a scared child.

The “whys” are many and heavy.  Why did Amanda accused Patrick Lumumba, incarcerated for 14 days while innocent, due to her ignominious accusations? Why on the knife used for the murder are there traces of Mez and Amanda?

Knox DNA was on the handle of the knife that killed Meredith: only because she used it to cut potatoes? The alibi of the potato has always been used by Knox and her lawyers, but it is plausible?

And Raffaele Sollecito?

One of the most decisive evidence against Sollecito in the first trial was the bloody foot print on the bathroom math. In the appeal process that footprint was challenged, it was said that it could be not Sollecito’s and was ascribed to Guede with benefit of doubt .

Now it seems certain that Rudy was wearing shoes ,as is demonstrated by other prints at the scene of the crime, thus the bloody footprint goes back to being ascribed to Sollecito.

Why is Rudy Guede in jail while Amanda and Raffaele are on the loose?

After the verdict of the Corte d’Assise d’Appello of Florence the appeal to the Cassazione,  was announced, while waiting for the Cassazione, the guilty Raffaele Sollecito had to hand over his passport in order to make it impossible for him to leave Italy.

Right after the sentence Sollecito was stopped in Udine about 60km from the Italy/Austrian border and about 40km from the Slovenian border.

Before the verdict of Corte D’Assise d’Appello of Florence Sollecito was a free man, and therefore legally in possession of a passport and the right to cross the border.

Sollecito, instead of waiting for the verdict in the court room, around 12 o’clock that day left with his new girlfriend and arrived in Udine [in north-east Ital]..

Around night time during a snow storm the two of them took refuge in an hotel , and the owner recognizing Sollecito by name, alerted the police that promptly arrived in order to confiscate Sollecito’s passport as decided by the Court.

Sollecito told the media that he had no intention of fleeing the Country.

One can ask what Sollecito was doing in Udine then, a few hours after his guilty verdict. To excuse Sollecito one can perhaps say that the young man was overpowered by anguish and fear, in fact up to today

Sollecito had never seemed to want to evade justice, instead he was usually in the Courtroom.

Amanda in contrast was not sanctioned with any precautionary measures.  She arrived in America as a free citizen after the not guilty verdict.

Now,  if and when the Cassazione confirms the verdict of the last proceeding, America needs to extradite Amanda and remit her in the hands of the Italian Justice… 

America is tied to Italy by sanction accords by name of international laws, thus if the Cassazione upholds the guilty verdict, Amanda must return to Italy. Nothing makes one think that America could oppose an extradition.

Rudy Guede is the only guilty one in jail at the moment.  His detention was confirmed after a fast track trial, decided by his layers, and his detention was 16 years in jail. (with time off for the fast track trial)

Not many know that while the doors of the prison may soon open for Amanda and Raffaele,, for Rudy instead “freedom” may be close by.

Thanks to the new decree passed last December by the Parliament, Rudy could leave the prison where he is detained. Guede is one of 3 thousand detainees who could benefit from the “empty the prisons” decree.

 

Menti Informatiche

Raffaele Sollecito and Amanda Knox are close to a break up after the sentencing..

Raffaele wrote Amanda a letter saying: “Amanda I am tired. I don’t want to be punished, neither do I want to continue to give justifications for matters that concern you and not me”.

Amanda says “I understand him but: I want to say that Raffaele is not my slave and I am not his oppressor. Raffaele has many reasons to be resentful, but not with me.”

The bond between the two, accused of the homicide of Meredith Kercher, is cracking. A bond that lasted from that horrible night of November1st 2007, when in a house in Perugia, via della Pergola, their English friend was savagely killed.

Looking at a concrete possibility that the Judges of the Cassazione will confirm the sentencing which condemned Amanda and Raffaele to 28 years of jail for her and 26 for him, the two ex-lovers are starting to distance themselves from each other.

Amanda took a picture of herself holding a sign that read “we are innocent” so as to underline a common faith, from which Raffaele can’t dissociate. Not anymore.

Raffaele after six years may be starting to understand that being Amanda’s “fiancé” did not help him at all. He said this to Giulio, in an interview a few months ago, and now in an interview to CNN:

In the Judges head I must be guilty because I was Amanda’s boy-friend. It does not make any sense for me. According to the Judges because in some way I supported Amanda, I must be implicated. According to me this is aberrant. My standing has not been just ignored, but completely forgotten. In all the proceedings I was not part of them unless for the scientific investigations.

For many, many hearings the topic was my DNA, but nobody said nothing of the reason why I was accused of the homicide except the fact that I was Amanda’s boy-friend and because I was with her very often and spent many nights with her, I had to be in some way connected with the homicide.

Is Raffaele’s defense thinking of ditching the girl? Is Raffaele ready to tell the truth of what happened that night? Now Raffaele is in Bari, and is thinking over what happened to him. He reveals:

I discussed with my friends and family the possibility of going abroad a year ago, but I cannot accept the fact of leaving all the people who are dear to me for a theory. I had no motive to hurt Meredith Kercher.

Now I have no light in my future. They took away my passport and I.D. card, and I do not know if I can realize my dreams, or anything I want to do. I do not accept that my future is destroyed.

Too often, though, Amanda and Raffaele forget to mention that Meredith’s life really was destroyed.

Against Amanda and Raffaele there are scientific evidence, bloody footprints on the floor, DNA on the bra clasp and knife, and the many contradictions in their alibis.

From the beginning their behavior caused the carabinieri to be suspicious of them.

Without forgetting the spontaneous confession of Amanda of being in the house while her friend was being murdered. “I have a vision of being in the kitchen, covering my ears while they kill her.” She even gave the name of the killer Patrick Lumumba, her boss, who was then discovered to be innocent.

The attempt to divert the investigation, pointing the finger against an innocent man, is evidence of the quilt of Amanda.

Even Raffaele changed versions more than once. In one of the interrogations he said Amanda was not with him that night and arrived at his apartment in the early hours of the morning. He then said he smoked too much marijuana and could not recall what happened that night.

In the meantime Rudy Guede, 27 years old, condemned to 16 years for the murder of Meredith Kercher, with others, writes:

Now that my verdict is definite, for too long the judicial reasoning have been subjected to a continuous and willful manipulation and alteration of the data of the proceedings…  I would like to point out that I do not accept being labeled as a homeless man,  drifter, and a thief; when instead I had a splendid family and precious and clean friendships in Perugia.

Amanda Knox’s defense team wants to pass him off as a habitual thief. Rudy adds: “ “Meredith’s house was turned upside down, someone simulated a break in. I was not condemned for this simulated break-in.”

If it was not Rudy, then who?



Friday, February 21, 2014

The US Lacks Legal Authority To Decline To Deliver A Guilty Knox To Italian Authorities

Posted by TomM



[Rome airport; exceedingly rare for those convicted of Italian crimes not to be sent back via here]


The reporting on this case has, with few exceptions, been poor.

Recent reporting on whether the US would extradite Amanda Knox continues that tradition, ranging from assertions that “sources” within the State Department say they would never extradite her, to claims that the risk of extradition is real, but that the Secretary of State has the discretion to refuse to extradite.

If the Secretary of State actually has this discretion, it must be grounded in the law.

That means it must be found in the Constitution, or in an act of Congress, or in a treaty—all of which constitute the “law of the land”.  Beyond authorizing the President to make treaties, with the consent of two thirds of the Senate, the Constitution sheds no further light.

The only act of Congress dealing with extradition of US citizens is Title 18, United States Code, section 3196; a bit of background first.

There is no uniform US extradition treaty.  Each treaty is separately negotiated with the other sovereign nation.  Historically, many of the treaties entered into by the US contained clauses providing that neither country was obligated to extradite its own citizens.

Notwithstanding this, the US had extradited US nationals on the basis of discretion to extradite even though extradition was not required by the language of the treaty.  But in 1936 the US Supreme Court held that if the treaty does not “obligate” the requested party to extradite its own citizens, the Secretary of State does not have the discretion to deliver the person sought to the requesting country.  [Valentine v. United States ex rel. Neidecker 299 U.S. 8]

In 1990, Congress passed 18 U.S.C § 3196, captioned “Extradition of United States citizens:”

“If the applicable treaty or convention does not obligate the United States to extradite its citizens to a foreign country, the Secretary of State may, nevertheless, order the surrender to that country of a United States citizen whose extradition has been requested by that country if the other requirements of that treaty or convention are met.”

That is the full extent of Congressional action on extradition of US citizens; there is no Congressional grant of discretion to the Secretary of State to decline extradition in the face of a treaty obligation.

Some US extradition treaties contain clauses that give the requested country the discretion not to extradite its own citizens; perhaps that is where the idea that the Secretary of State has discretion not to extradite Knox comes from.

Here, for example, is a clause from the US-Sweden treaty:

“There is no obligation upon the requested State to grant extradition of a person who is a national of the requested State, but the executive authority of the requested State shall, subject to the appropriate laws of that State, have the power to surrender a national of that State if, in its discretion, it be deemed proper to do so.”

The treaty with Italy is short (ten pages) and written in plain language.  The treaty has commences with Article I, captioned “Obligation to Extradite”:

“The Contracting Parties agree to extradite to each other, pursuant to the provisions of this Treaty, persons whom the authorities of the Requesting Party have charged with or found guilty of an extraditable offense.”

The cover letter of the Secretary of State to then-President Reagan explains:  “Article I obligates each State to extradite to the other, in accordance with the terms of the Treaty, any persons charged with or convicted…”. (emphasis added)

There are mandatory grounds for refusal, such as political or military acts, double jeopardy (if the person sought has already been tried by the requested State for the same offense), or if the prosecution or penalty is time-barred in the requesting State.

There is just one discretionary ground: if the country requested is also prosecuting the person sought for the same act.

Article 4 provides:

“A Requested Party shall not decline to extradite a person because such a person is a national of the Requested Party.”

Thus, any discretion to deny extradition implied by 18 USC 3196 has no application to requests made under this treaty.  Further, although some appellate cases have treated some issues regarding extradition of nationals differently, they fairly firmly hold to the difference in the meaning of mandatory words like “shall” and “obligate” on the one hand, and discretionary or permissive words like “may”.

Comments to the effect that the US has declined extradition to Italy in the past are superficial and uninformed.

The first illustration such commentators cite is that of the Air Force pilot who severed a ski lift cable, causing multiple deaths.  That was not an extraditable offense under the treaty because of double jeopardy; the pilot had been court martialed.  Although his acquittal enraged Italians, the pilot had already been tried by the US, and thus his case fell under the mandatory ground to denial of extradition specified in the treaty.

The other example mentioned is that of the CIA operatives who were prosecuted in absentia for the abduction of Abu Omar in Milan.  The Italian Minister of Justice refused, during both the Berlusconi and Prodi administrations, requests of the Milan court to commence extradition proceedings.  In Italy, the courts and the government are independent, and the courts lack power to compel government to make a request for extradition.

Even if the Italian government had made an extradition request, there is at least a colorable argument to be made that this was in the nature of a military act in the US war on terror, thus constituting a mandatory ground of refusal.

Thus, if Italy requests the extradition of Amanda Knox, the US lacks legal authority to decline to deliver her to Italian authorities.  If the US government wants to avoid extraditing her, it will have to rely on diplomacy rather than law.  In other words, it will need to convince the Italian government not to make an extradition request in the first place.



Wednesday, February 12, 2014

In Italy The Faux Self Pity Of Knox And Sollecito Is Increasingly Becoming A National Joke

Posted by Peter Quennell



Meet Amanda Knox the Perugian Chipmunk version.

Knox’s Facebook page is also being satirised and ridiculed (one message there reads “Perugia Hates You”.) Some may actually believe the rumor that Knox is shopping herself around for salacious movies.

Sollecito being nabbed at the Austrian border because of a quick tip to the police also inspired sarcastic humor in Italy, and several journalists have come up with questions to challenge Sollecito when he gets on the stand, as he so desperately wants or says he does.

We expect some more Italian satire (and maybe not only Italian) and will report on that as well, as this long-needed and much-deserved hit-back against dishonest pandering to media audiences could prove an important trend.

If satire proves the way to stop RS and AK babbling lies daily about the case and Italian justice via every craven media outlet, then well done Italy!! Nothing else seems to work to shut the two up, although their false claims and smears could constitute obstruction of justice.

If Knox and Sollecito want to avoid being spoofed, they have two very easy ways to do so: (1) shut up and avoid the media, or (2) stick to telling the truth.


Thursday, January 23, 2014

Another Good Reason For Italy To Immediately See RS And AK Locked Up If 30 Jan Verdict Is Guilty

Posted by Peter Quennell




The explosive story of Kelsey Kay

Radar Online is an American celebrity-news website owned by the American Media group in New York. 

It is ranked at about the 500th most popular site in the US. Starting yesterday, Radar Online has been advancing a story with a video by an ex-girlfriend of Sollecito, Kelsey Kay (image above) who lives in Idaho.

Kelsey Kay is claiming that while in the US in several of his 2012-2013 stays Sollecito was seeking a way to get married in a hurry, supposing that being a US resident would somehow keep him safe from Italian law. At first glance Kelsey Kay seems compassionate and smart and she paid Sollecito some money and it is not obviously that she is drumming up any for herself. She sized him up accurately in retrospect. So here we go.

Foxy Knoxy BETRAYED: Ex-Lover Raffaele Sollecito Turns On ‘Evil B*tch’ Amanda As He Faces 26 Years For Meredith Kercher Murder — And Knox Won’t Help Him Beat The Rap

Amanda Knox and Raffaele Sollecito were branded a modern-day Romeo & Juliet when they were both imprisoned for the 2007 murder of Knox’s roommate, Meredith Kercher. But now, Sollecito is turning on the woman who was once his only ally, branding Knox an “evil bitch” who is “selfish, mean, [and] cruel” — all because she wouldn’t marry him in a scheme designed to keep him out of prison!

As Radar has reported, Sollecito proposed to Knox in March 2013, hoping she would marry him and help him flee the retrial and potential reconviction for Kercher’s murder. When Knox refused, he turned to his online pen pal, Idaho woman Kelsey Kay to air his anger.

According to a new report in Star, Sollecito told Kay Knox was “a selfish, mean, cruel girl,” and an “evil bitch.”

Now Kay tells Radar, that was only the half of it.

“I think his feelings were hurt,” Kay explains. What’s more, she says, it seemed that Sollecito felt Knox was obligated to help him because of the couple’s unique history.

“He came across very entitled, like he had saved her [during the first trial] in Italy by not turning on her,” Kay claims, “and that maybe she was obligated to do the same for him.”

“I’ve read text messages … between the two of them,” Kay says. “The text messages were [often] him texting her and her not responding. And he portrayed that to me as she was insensitive, and didn’t care.”

But in the few messages that Knox did send Sollecito, Kay says, she seemed like an entirely different woman than her ex-lover claimed.

“There were some [texts] about them not being able to marry, and [Amanda] explained herself in a very elegant way,” Kay reveals.

Sollecito’s responses, however, were “more desperate, needy,” Kay says…


The Knox-Sollecito kabuki dance goes on

Going back to the very night they were arrested Knox and Sollecito have never been fully as one.

In early statements they each quite openly placed suspicion on the other, and Sollecito retained this high-ground position right through the 2009 trial to its “guilty” end, slyly suggesting he had the upper hand.

Sollecito never at trial or the 2011 Hellmann appeal ever yanked his charge that Knox was absent from his house and maybe present at the attack on the night that Meredith died.

At trial in 2009 the distancing continued. Knox became so desperate about this that she wrote Sollecito frequent “love letters” and finally quite publicly asked justice authorities if they could meet (it was denied).

Their lawyers danced the same kabuki dance. Read this series by a Rome lawyer who watched every feint on TV.

In January 2012 the prosecution said they would appeal the Hellmann outcome to the Supreme Court. They KNEW the outcome had been tainted by the defenses - as, later, so did the Supreme Court.

Two months later this happens.  Sollecito suddenly rockets off to Seattle - with his family in hot pursuit.

No marriage with AK resulted, but what did result, six months later, was Sollecito’s dishonest book, which shows all the signs of channeling the Seattle-centered FOA loonies, and none at all of the hard facts on the ground.

Six months later Knox’s own book appears.

In the two books, Knox and Sollecito not only tell different versions of their truth - they each reveal some exasperation with the other, and it reads in both books like their amazing love affair back in 2007 would have soon ended on the rocks.

In the short period they were together in Perugia, Knox continued messing with other boys - both in Perugia and (with her old boyfriend) in Seattle - while Sollecito stayed home and sulked.

The titles of both books (Honor Bound and Waiting To Be Heard) were themselves big lies - but Sollecito’s is probably the bigger lie.

The prosecution did NOT ask him to roll over on Amanda - they had no need and no legal right - as even Sollecito’s own dad on national TV confirmed (“That was made up.”) and Sollecito’s one and only claim to be “honor bound” had been that he had resisted.

Thereafter Sollecito and Knox seem to have met again in Seattle and maybe in London and New York.  But still no peace of mind or mutual joy at the end of the road for either, as this post and this post strongly demonstrate. 

And legal residency in a country is of course not a barrier to perps convicted in other countries ending up back there and behind bars. The US sends its own nefarious citizens-by-birth to face foreign justice on occasion. Very naive.

Knox and Sollecito both self-admitted flight risks

Ten days ago in a breaking-news box we posted this:

Breaking news. UK media quote Amanda Knox as saying she may go on the lam if guilt is confirmed. (Remember this is HER appeal. She opened this can of worms.) However the US/Italy extradition treaty and official US paper trail give her zero reason for comfort, and an extradition request would immediately put her in a US jail to stop her going on the lam. An Interpol Red Notice would make her unemployable and subject to worldwide arrest.

Now the poster Jackie on PMF dot Org (a lawyer) has posted this:

I think the Kay Fiasco bears directly on the proceedings underway: IF the texts can be authenticated, and IF there is a guilty verdict, those exchanges will make it all but impossible for RS’s lawyers to argue that he is not a flight risk.

So one week from today there is a strong chance a judicial order to lock them up will flow from the Florence court. 




Friday, January 17, 2014

False Claims In Bongiorno’s Summation: That The Wound “Proved” Sollecito’s Big Knife Was Not The One

Posted by The TJMK Main Posters





In defense summation on 9 January, nobody who really knows the case (such as Judge Nencini) would have bought many of Giulia Bongiorno’s outlandish arguments.

The post below this one illustrates how Bongiorno in about half her arguments tried to demonize and mischaracterize all of Perugia, as if somehow Perugia itself had become the real villain in forcing a rush to judgment and wrong conclusion. In fact Perugia took a huge hit from Meredith’s murder but has acted gracefully and competently ever since. 

This post by several of us after discussion in Comments is the first of two on Bongiorno’s claims about the large knife. The second one will follow next week by Ergon.

There is no question in our minds but that this IS the murder weapon. It was proved convincingly by way of the DNA tests done by the Scientific Police and Carabinieri. Here we prove it by way of human physiology and the autopsy.

Waving two knives with a manic expression, Bongiorno claimed that the the large knife in evidence was far too large for the wound in question - and anyway, anyone intent on murder would have easily pushed the large knife right through so there was no intent of murder anyway. Bongiorno dismissed the possibility that hyoid bone could have somehow stopped the blade, prevented it from penetrating, as the bone is not resistant enough.

The surface location of the hyoid Bone is shown in the Illustration above; its front is only a few millimeters below the skin: The hyoid bone is loop-shaped like a C, open at the back; this Hyoid loop encloses part of the airway:


The hyoid bone curves around the upper airway at the base of the tongue, and is also called the tongue-bone or the lingual-bone. It is located between the mouth and the larynx; therefore during inhalation air passes through the hyoid loop before it passes through the larynx, and during exhalation air passes through the larynx before it passes through the hyoid loop.

The hyoid is an integral factor in the swallowing, breathing, and phonation mechanisms. If transected in such a way as to connect its part of the airway directly to the atmosphere, as it was in this case, swallowing, breathing, and phonation will be seriously impaired, as they were in this case.

The coexistent bleeding from the also-transected Right Superior Thyroid Artery accelerated Meredith’s death, more by the drowning-effect of inhalation of the blood into her lungs, than by the loss of circulating-blood alone.

Both the hyoid bone and the jawbone are mobile, which is why we can chew, swallow, talk, smile laugh, and sing, the way that we do, each of us in our own unique way.

The Massei Prosecution Reconstruction depicted the killers making cuts obliquely from behind.

The fatal cut started on the Left, but crossed the midline to the Right.

Both the Right Superior Thyroid Artery, and the nearby Hyoid Bone, were severed but from Massei, it is not precisely clear where the hyoid loop was severed, and it seems that the cut did not include the midline skin; The Florence Appellate Court will have access to the relevant records.

Here is why the hyoid could not have damaged any knife:

It is an old rule of materials-physics that a softer substance cannot even scratch a harder substance.

[To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would not show signs of damage caused by the stabbing in this case.]

As pointed-out recently on TJMK, some confusion has arisen, caused by a quotation in the Massei Report, where on p371is written: ”…a single blow was apparently halted by the jawbone…”

The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted by” did not mean it was stopped-by the jawbone:

Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”

Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “at” the jawbone.

Skin is soft and bone is harder but there is no way that the knife striking the jawbone would halt the knife in this case, the jaw would just roll with the strike, depending on the angle of attack. [The force was not even enough to mark the jawbone itself!]

Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife.

When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken or dislocated, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.

If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action.

[Look at your own kitchen carving knife. It probably has no marks caused by striking chicken thigh bones. It will have fine parallel scratches created in the manufacturing process.]

Any implication-in, or inference-from the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade is a figment of an uninformed imagination.

The kitchen-knife, found in Sollecito’s apartment, with Meredith’s DNA on the blade and Knox’s DNA on the handle, is the weapon that killed Meredith.


Friday, December 20, 2013

Multiple Provably False Claims About “Forced Confession” Really Big Problem For Dalla Vedova & Knox

Posted by FinnMacCool






The Breaking News

This post goes live just as the news breaks that it was Knox lawyer Carlo Dalla Vedova who filed these patently false claims against the justice system of Italy with the European Court.


1. “There would be no need for these theatrics.”

Amanda Knox has not been present for any part her latest appeal against her own murder conviction. Nevertheless, she has made two meretricious contributions to the proceedings.

First, on the day that the prosecution opened its presentation of the case against her, she announced that her lawyers had filed an appeal against her slander conviction to the European Court of Human Rights (ECHR). ECHR hears only allegations of human rights abuses, which must be reported within six months of the alleged incident (or within six months after all local avenues have been exhausted; in this case none has even been explored).

This out-of-date application to an inappropriate body in pursuit of a groundless allegation is therefore bound to fail.

Knox’s second publicity stunt came on the day that her own defense lawyers began their own presentation. She sent a five-page email in English and Italian, with grammatical mistakes in each language, protesting her innocence and affirming that the reason she is not present in the court is because she is afraid of it.

There are many comments that could be made about the email, but perhaps its most grievous legal error comes in the aside where she claims that the “subsequent memoriali (sic), for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false ‘confession’.”

That singular document does not recant her previous statements (“I stand by what I said last night…”), but does contain further accusations against Patrick Lumumba (“I see Patrik (sic) as the murderer”), as well as seeking to cast suspicion on Sollecito (“I noticed there was blood on Raffaele’s hand”) and an unnamed “other person”.

However, by claiming that she has been “wrongfully found guilty” on that charge of calunnia, she is refusing to recognize the legitimacy of the Italian Supreme Court, which has definitively found against her on that count, and also of the Hellmann appeal court (the only court to date that has not found her guilty of the main charge of murdering Meredith Kercher).

Dr Alessandro Crini presented the prosecution’s case on November 25th/26th. It was not a particularly theatrical performance, but rather a very long summary of the many items of evidence against Sollecito and Knox.

The most theatrical element of the case so far has been when one of the defendants insisted that the judge should read out five vacuous pages of her email immediately before her own lawyers presented their case on her behalf.

This gives a certain dramatic irony to Knox’s claim, “If the prosecution truly had a case against me, there would be no need for these theatrics”.

Such ironies appear to be lost on Knox, however, since she seems incapable of reading back over her own work for solecisms or contradictions. (In the email itself, for example, in consecutive sentences she writes: “I had no contact with Rudy Guede. Like many youth in Perugia I had once crossed paths with Rudy Guede.”)

One of the many errors she makes in the email is to put in writing some of the wild claims that she and/or her supporters have previously made regarding the witness interview she gave on the night of November 5th/6th 2007.

The purpose of the current post is to consider that interview in greater detail, using as source material primarily Knox’s memoir “Waiting to be heard” (2013) and Raffaele Sollecito’s memoir, “Honor Bound” (2013), abbreviated here to WTBH and HB respectively.



2. “When we got there they said I couldn’t come inside.”

Amanda Knox was not even supposed to be at the police station on the evening of November 5th, 2007. She should have been attending a candlelit vigil, in which Meredith Kercher’s friends, classmates and supportive well-wishers met at eight o’clock at Corso Vannucci to process through to the Duomo, carrying candles and photographs of the victim.

A friend of Meredith’s – a young Polish student – texted Amanda Knox to invite her to this vigil, but Knox had better things to do. (WTBH: 82) She accompanied Sollecito to his friend Riccardo’s house for a bite to eat (HB: 29) where she absent-mindedly strummed a ukulele. (WTBH:82)

Knox writes of the vigil: “I wanted to be there but… the decision was made for me” because “Raffaele had somewhere else to be”. (WTBH: 82)

One consistent feature of her narrative is her refusal to accept responsibility for anything, including her failure to turn up for her murdered roommate’s vigil, but we should note also that the vigil (eight o’clock) and the dinner (nine o’clock) both take place within the timeframe of her supposed series of interrogations, which according to her email involved “over 50 hours in four days”.

By her own account, when she ignored the police’s request not to accompany Sollecito to the Questura and just came anyway, it was the first contact she had had with the police in well over 24 hours.

Let us consider what was happening in the early part of the evening of November 5th, 2007.

The police are at the station studying the evidence; Meredith’s friends are proceeding downtown with candles and photographs of the victim; and Knox is playing the ukulele at Riccardo’s house.

Far from taking part in a lengthy coercive interview, Amanda Knox had gone to her University classes as normal, had bumped into Patrick Lumumba, whom she would later accuse of Meredith’s murder, and had later skipped the vigil to have dinner with Sollecito. (WTBH:83)

Meanwhile, back at the Questura, the police could see that Raffaele Sollecito’s stories simply did not add up.

They therefore called Sollecito and asked him to come into the station for further questioning. They told him that the matter was urgent; that they wanted to talk to him alone; and that Amanda Knox should not accompany him. (HB: 29) 

Sollecito responded that he would prefer to finish eating first. (The same meal is used as an excuse for not attending the vigil at eight o’clock, and for delaying their response to the police request at around ten.) By his own account, Sollecito resented being ordered what to do by the police (HB: 29), and so he finished eating, they cleared the table together, and Amanda Knox then accompanied him to the station. (HB:30; WTBH: 83)

Naturally the police were both surprised and disappointed to see her. Their civilian interpreter, who had worked flat out through the weekend accompanying not only Amanda Knox but also the rest of Meredith’s English-speaking friends, had gone home. The only person they were planning to speak to that night was Sollecito, and even he was late. According to Knox, the police were not expecting their interview with Sollecito to take very long:

When we got there they said I couldn’t come inside, that I’d have to wait for Raffaele in the car. I begged them to change their minds. (WTBH: 83)

The police were not prepared for an interview with Amanda Knox. They had asked her not to come, and they tried to send her away when she got there. It was late on a Monday evening and there were no lawyers or interpreters hanging around on the off-chance that someone might walk into the police station and confess.

However, that’s what happened. And it is on that basis that Amanda Knox is now claiming that the interview which she herself instigated was improperly presented by the police:

I was interrogated as a suspect, but told I was a witness. (Knox email, December 15, 2013)

But she wasn’t a suspect. In fact, she wasn’t even supposed to be there.



3. “Who’s Patrick?”

We will now examine Knox’s claim that “the police were the ones who first brought forth Patrick’s name” (Knox blog, November 25th, 2013).

She has already admitted in court that this is not true. In fact, it is clear from her own book that the police did not even know who Patrick Lumumba was, at that point.

If they had suspected him or anybody else, they would have brought them in for questioning, just as they had already questioned everyone else they thought might be able to throw some light on the case.

The police plan that evening was to question Sollecito in order to establish once and for all what his story was. They would perhaps have brought Knox back the following day (together with the interpreter) to see how far Knox’s story matched Sollecito’s. In the event, their plan was disrupted first because Sollecito delayed coming in, and second because when he finally arrived, he had brought Knox with him.

“Did the police know I’d show up,” Knox asks rhetorically, “or were they purposefully separating Raffaele and me?” (WTBH: 83) She does not offer a solution to this conundrum, but the answer is (b), as the patient reader will have noticed.

She thus turned up to the police station despite being expressly asked not to come. The police asked her to wait in the car and she refused, complaining that she was afraid of the dark. They allowed her inside.

Today, she might complain that she “was denied legal counsel” (Knox email, December 15th 2013) as she entered the Questura, but there was absolutely no reason for a lawyer to be present, since by her own account, all the police were asking her to do is go home.

Knox did not go home. According to WTBH, while Sollecito is in the interview room, she sits by the elevator, doing grammar exercises, phones her roommates about where to live next, talks to “a silver-haired police officer” about any men who may have visited the house (she claims to have first mentioned Rudy Guede at this point, identifying him by description rather than name) and does some yoga-style exercises including cartwheels, touching her toes and the splits.

It is at this point – somewhere between 1130 and midnight – that Officer Rita Ficarra invites Knox to come into the office so that they can put on record Knox’s list of all the men she could think of who might have visited the house.

Knox takes several pages (WTBH 83-90) to explain how she went from doing the splits to making her false accusation against Patrick Lumumba. Like much of her writing, these pages are confused and self-contradictory.

One reason for the confusion is that Knox is making two false accusations against the police, but these accusations cannot co-exist. First, she attempts to demonstrate that the police made her give the name of Patrick Lumumba. Second, she wants us to believe that Officer Ficarra struck her on the head twice.

This is denied by all the other witnesses in the room, and Knox did not mention it in her latest story about applying to ECHR. In her memoriale (WTBH: 97), she claims she was hit because she could not remember a fact correctly.

But in her account of the interview (WTBH: 88), Knox explains that Ficarra hit her because, the fourth time she was asked, “Who’s Patrick?”, she was slow in replying, “He’s my boss.” This is the exact opposite of not remembering a fact correctly. Knox is so keen to make both false charges against the police stick that she fails to notice that one contradicts the other.

Knox at least provides us with two fixed times that allow us to verify the start and finish times of the formal interview. It began at 1230, when Anna Donnino arrived to interpret, and ended at 0145 when Knox signed her witness statement.

Bearing in mind that this statement would have needed to be typed up and printed before she signed it, the interview thus took little over an hour, and was not the “prolonged period in the middle of the night” that her recent blog post pretends. (We might also remember that Knox’s regular shift at Le Chic was from 9 pm to 1 am, meaning that the interview began during her normal working hours.) (WTBH:31)

WTBH also flatly contradicts Knox’s own claim that her accusation of Lumumba was coerced by the police.

According to her own account, she first mentions her boss (although not by name) in the less formal conversation, before the interpreter’s arrival, telling the police : “I got a text message from my boss telling me I didn’t have to work that night.” (WTBH: 84)

The police appear to pay no attention to the remark (which undermines Knox’s argument that the police were pressing her to name Lumumba) but instead keep questioning her on the timings and details of what she did on the night of the murder. And Knox finds those details difficult either to recall or to invent.

Donnino arrives at half past midnight, and the formal interview begins.

Again, the focus is on the timings of Amanda Knox’s movements on the night of the murder, and again she is having difficulty remembering or inventing them. Ficarra picks up Knox’s cell phones and observes: “You texted Patrick. Who’s Patrick?” and Knox answers, “My boss at Le Chic.” (WTBH: 86)

There is a short discussion about this text message, and then a second police officer asks her: “Who’s Patrick? What’s he like?” This time Knox answers: “He’s about this tall… with braids.” They then continue to discuss the text message, and then the police ask her a third time, “Who’s this person? Who’s Patrick?” Knox again replies: “Patrick is my boss.” (WTBH: 87)

Donnino then makes the intervention about how traumatic events can sometimes affect memory. Such events certainly seem to have an effect on the memory of the police, because one of them asks Knox a fourth time: “Who’s Patrick?” At this point, Knox claims in her memoir that Ficarra struck her on the head. (WTBH: 87)

This is nothing to do with failing to remember a fact correctly, because the fact is correct: Patrick Lumumba is indeed her boss.

The police continue to believe that she is hiding something, and they ask her who she is protecting. After a few minutes of questioning along those lines, Knox has an epiphany in which she claims that the face of Patrick Lumumba appeared before her and she gasps: “Patrick – it’s Patrick.”

If we believe one of Knox’s other stories, that the police were cunningly trying to get her to name Patrick Lumumba, we might expect them to be quite pleased to have succeeded at this point. But according to Knox, their response is to ask her a fifth time, “Who’s Patrick?” The whole room must have wanted to chorus at this point, “He’s her boss!”, but according to Knox, it is she herself who simply repeats: “He’s my boss.”



4. “I was also hit in the head when I didn’t remember a fact correctly…”

Shortly after lunch on Tuesday November 6th, Knox wrote a piece of paper (known as her “memoriale”) in which she makes her first accusation that the police hit her. She hands this memoriale to Rita Ficarra, the very person she would later name as doing the hitting. We have noted above that in her account of the interview, the context Knox provides for this alleged blow is as follows:



This singularly repetitive catechism is supposed to have taken place at around one o’clock in the morning.

However, writing the following afternoon, Knox describes the event like this:

Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn’t remember a fact correctly. I understand that the police are under a lot of stress, so I understand the treatment I received. (WTBH: 97)

This makes no sense as a reflection on the interview as she has earlier described it. In her version of the interview, she claims that the police kept asking her the same simple question, to which she keeps replying with the same factual answer, and the blows to the head take place in the middle of all that. Yet in her “memoriale”, she claims that the blow was because she could not remember a fact correctly.

In case two mutually contradictory accounts of that false allegation are not enough, Knox also provides a couple more explanations for why she was hit. Her third bogus claim is that the police said they hit her to get her attention, which makes for a dramatic opening to Chapter 10 of WTBH:

Police officer Rita Ficarra slapped her palm against the back of my head, but the shock of the blow, even more than the force, left me dazed. I hadn’t expected to be slapped.

I was turning around to yell, “Stop!”—my mouth halfway open—but before I even realized what had happened, I felt another whack, this one above my ear. She was right next to me, leaning over me, her voice as hard as her hand had been. “Stop lying, stop lying,” she insisted.

Stunned, I cried out, “Why are you hitting me?”  “To get your attention,” she said. (WTBH: 80)

This is a direct allegation against a named police officer, and not surprisingly it has resulted in another libel charge against Amanda Knox. It is a strong piece of writing, too: on its own, isolated from context, it reads like a trailer for the movie version. The trouble is, that when Knox later tries to set it in context, it makes no more sense than “because I didn’t remember a fact correctly” as an explanation as for why the blow came.
 

They pushed my cell phone, with the message to Patrick, in my face and screamed,

“You’re lying. You sent a message to Patrick. Who’s Patrick?”

That’s when Ficarra slapped me on my head.

“Why are you hitting me?” I cried.

“To get your attention,” she said.

“I’m trying to help,” I said. “I’m trying to help, I’m desperately trying to help.” (WTBH: 88)

This makes no sense. They already have Knox’s attention, and she is having no difficulty giving them a factual response to their repeated question, “Who’s Patrick?”

It is difficult to explain any logical motivation for that slap in terms of any of the three suggestions Knox has made so far: (1) because she couldn’t remember a fact correctly; (2) because she failed to answer the repeated question “Who’s Patrick?” quickly enough; or (3) to get her attention. She’d got the fact right, she’d answered the question, and they already had her attention.

Knox then provides us with a fourth version of possible reasons for the alleged slap. She describes the following encounter between herself and Rita Ficarra on their way to lunch at around two o’clock on Tuesday afternoon:

With my sneakers confiscated, I trailed [Ficarra] down the stairs wearing only my socks. She turned and said, “Sorry I hit you. I was just trying to help you remember the truth.” (WTBH: 94)

Once again, this makes no sense in the context of a blow to the head while waiting for a reply to the question, “Who’s Patrick?” It is perfectly true that Patrick Lumumba was Amanda Knox’s boss, and she had already correctly answered the same question twice, by her own account.

These are the four main WTBH versions of how Amanda Knox was struck on the head by Rita Ficarra. Perhaps she hopes that readers will choose the one they like best and will ignore its discrepancies with the others.

When testifying in court, however, Knox provided three further versions of the same alleged incident.

First, when asked to explain why she had stated in her witness account that Meredith Kercher had had sex before she died, Knox answered that the police had suggested this to her and that they hit her to make her says so in her statement (Knox testimony, June 12 2009).

Second, a few minutes later during the same testimony, she claimed that the police hit her twice before she gave the name of Patrick, to make her give a name she could not give. (WTBH: 227-8; Knox testimony, June 12 2009)

Third, later still, she tells her own lawyer that the police were screaming at her “You don’t remember”, she was struck from behind, and when she turned around she was struck again. (WTBH:227; Knox testimony, June 12 2009)

These are seven different stories Knox has told about how she was hit during her interview. Even her most generous supporters would have to admit that at least six of them must be false. Everyone else in the room at the time has testified that it did not happen.

When Knox published her fantasy claim about appealing to ECHR last month, she neglected to mention that she was hit. This essentially confirms what has been obvious for some time: Rita Ficarra did not hit Amanda Knox during the interview.

Nobody did. All seven stories are false. 



5. “She was screaming in Italian, ‘Aiuto! Aiuto!’”

However, Sollecito provides an ear-witness account of Knox’s traumatic interview, claiming that he could hear her shouting from where he was being interviewed in a nearby room. Here’s his version:

Then came a sound that chilled my bones: Amanda’s voice, yowling for help in the next room. She was screaming in Italian, “Aiuto! Aiuto!” I asked what was going on, and Moscatelli told me there was nothing to worry about. But that was absurd. I could hear police officers yelling, and Amanda sobbing and crying out another three or four times. (HB:33)

If Sollecito’s aim here is to invent a story even more ridiculous than Knox’s, he has succeeded.

For one thing, it does not match any of Knox’s seven stories about how her interview went. But even on its own terms, Sollecito’s story makes no sense. If we imagine for a moment an Italian witness or suspect being interrogated in Italian by Italian officers in an Italian police station, what possible motivation could such a woman have for shouting “Aiuto!”? Who could she be hoping might conceivably respond to her call?

How much more absurd, then, to suppose that an American woman accompanied by an interpreter would shout “Aiuto!” when by her own account she was trying to help the police with their inquiries at that point.

Perhaps Sollecito wants us to believe that Knox was offering to help the police with their inquiries, and Donnino was loudly translating it to “Aiuto!” at this point. Or perhaps, as is often the case with Sollecito, he has given so little thought to his lies that he has not made the slightest effort to make them believable.

There are other occasions when Sollecito is cavalier with the credibility of his explanations for the evidence against him. For example, when confronted with evidence that the victim’s DNA is on his kitchen knife, he suddenly remembers an occasion when he accidentally pricked her while cooking.

(Astonishingly, he repeats this absurd fiction on page 49 of Honor Bound, although he shifts the pricking to Via della Pergola and makes it a knife local to there, since it is obvious that the victim had never visited his own apartment.)

Or again, on being confronted with the (incorrect) evidence that his shoeprints have been found at the scene of the crime, he speculates to Judge Matteini that someone might have stolen his shoes and committed the murder in them. (HB:42)

Even today, Sollecito is currently making a public appeal for funds for his defense, pleading financial hardship, while taking lengthy vacations in the Caribbean, with photographs of his tropical lifestyle appearing in Oggi.

In his book, Sollecito also decides to make a claim of his own that the police struck him:

One of my interrogators opened the door noisily at one point, walked over, and slapped me. “Your father is a fine upstanding person,” he said. “He doesn’t even deserve a son like you, someone who would stand by a whore like Amanda.” (HB:36)

This is actually one of his more plausible stories. He has not named the officer, and he has created an incident to which there are no witnesses; he gives the impression that he was alone in the interview room when this officer came in.

Of course, he has made no formal complaint about this, nor has he mentioned it before publishing it in his book, nor has he named the officer or given any clue as to his identity. Nevertheless, these details simply stand in contrast to Knox’s libelous allegation, in which she named the officer, gives several contradictory accounts of how the blow occurred, and there are several witnesses all of whom deny that any such blow took place.



6. “Maybe a cappuccino would help.”

Finally, it seems only fair to speak up for Anna Donnino, the much-maligned interpreter who was given the task of accompanying Knox as she made her slanderous accusation of Patrick Lumumba.

Knox describes her arrival at the station like this:

The interpreter sat down behind me. She was irritated and impatient, as if I were the one who had rousted her from bed in the middle of the night. (WTBH:86)

While someone else must have done the rousting, by Knox’s own account it is indeed her fault that Donnino was called into the police station that night. Knox was the only English-speaker present, and she had ignored the police’s request that she stay home while they interviewed Sollecito.

Although Donnino must have had every right to feel irritable and impatient, Knox gives little evidence of it in her transcript of the interview. On the contrary, Donnino patiently volunteers an explanation that might attribute Knox’s self-contradictory stories to trauma and stress rather than deliberate lying.

Amanda Knox has often repeated her assertion that police called her a liar during that interview. For example, in the movie-trailer-type excerpt at the beginning of Chapter Ten, she writes:

They loomed over me, each yelling the same thing: “You need to remember. You’re lying. Stop lying!” (WTBH:80)

However, in the more detailed version that she gives on pages 83-90, she does not mention a single police officer calling her a liar. Only once do the police even ask her “Why are you lying?” (WTBH:88) The only person to call Knox a liar, in her account, is Anna Donnino, in the following passage:

“In English, ‘see you later’ means good-bye. It doesn’t mean we’re going to see each other now. It means see you eventually.”

In my beginner’s Italian, I had had no idea that I’d used the wrong phrase in my text to Patrick—the one that means you’re going to see someone. I’d merely translated it literally from the English.

The interpreter balked: “You’re a liar.” (WTBH:87)

The verb “balked” makes no sense here, and so let us charitably call it a printer’s error for “barked”. However, that is the only instance of Knox being called a liar her entire remembered account of the interview.

It seems that she is so reluctant to admit to having said anything that her readers might think sounds like a lie that she forgets this gives the police no context for calling her a liar. This in turn means that the only “lie” she can be accused of is her demotic interpretation of the English phrase “see you later”, in which she presents herself as correct and Anna Donnino getting it wrong.

Ironically, Anna Donnino’s next intervention, for which there are several witnesses including Amanda Knox herself, is clearly intended to suggest that failing to remember the details of a traumatic event properly may NOT be an indication of lying, but instead may be the result of the stress of the trauma:

The interpreter offered a solution, “Once, when I had an accident, I didn’t remember it. I had a broken leg and it was traumatizing and I woke up afterward and didn’t remember it. Maybe you just don’t remember. Maybe that’s why you can’t remember times really well.”

For a moment, she sounded almost kind. (WTBH:88)

“Kind” is a key word for Amanda Knox, and she continually judges people by whether they are kind to her. On this occasion, she is quite right: Anna Donnino does sound kind and helpful in volunteering this intervention. It is not a kindness that Knox would repay, however. On the contrary, in her later account of the trial, she is scathing of prosecutor Mignini’s description of Donnino as “very sweet”:

As for my interrogation at the questura, Mignini described the interpreter— the woman who had called me “a stupid liar” and had told me to “stop lying”—as “very sweet.” “I remember that evening how she behaved toward Amanda,” he said. (WTBH:244)

Knox has evidently forgotten that she has failed to mention anybody at all calling her a “stupid liar” during the interview, or that anybody told her to “stop lying”. Even her claim that Donnino called a liar over a translation error is illogical and is out of keeping with Donnino’s subsequent intervention.

Knox has also forgotten that the only other mention she makes of Donnino at the questura is in the following passage, from the day before the interview. While Knox is going over the events of the night of the murder in her mind, she reports: 

“…the interpreter walked by, looked at me, and said, ‘Oh my God, are you okay?... You’re pale… Maybe a cappuccino would help. Come with me.” (WTBH: 76-77)

Once again, Knox unwittingly provides evidence that supports Mignini’s description of Anna Donnino, and undermines her own. Once again, she unwittingly provides evidence that her human rights were perfectly safe at Perugia police station.



7. “What does this say about my memory?”

The accounts of all three defendants in this case are so obviously fictitious that the subject should no longer be open for discussion. Any level of reasonable doubt that might have been acceptable to the Hellman appeal court has been removed not only by the Italian Supreme Court but even more so by the self-penned accounts published by Knox and Sollecito themselves.

Their bizarre and delusional writings will appear incredible to any objective reader who troubles to read them. The physical evidence against them - the DNA, the footprints, the knife, the faked burglary, and so on - only serves to confirm the most likely explanation for their wildly unbelievable stories - namely that they are lying to cover up their involvement in a brutal murder.

Given that his own account was patently fictitious, Guede has been fairly well advised to opt for a fast track trial which offers a reduced sentence and an abbreviated process. (Better advice might have been to plead guilty, but that is for him to choose.)

As a result, he will be eligible for parole relatively soon, even as the longwinded trials of Knox and Sollecito grind toward their conclusions. Whether or not it is right and fair for Guede to be given that parole is a separate question that will be considered in due course - even his expressions of remorse sound false and are undermined by his continuing refusal to give a plausible and honest account of what happened that night.

However justice systems all over the world are obliged to balance the rights of victims against the rights of defendants, with resultant compromises that are often uneasy and unsatisfying. Victims’ families may want the truth, but the perpetrators don’t always want to tell it.

The situation for Knox and Sollecito is different because their preposterous stories have been shored up by a coterie of supporters who in the long run have done the two defendants no favors whatsoever.

The pair have chosen the full trial process which may have postponed the final decision for several years, but which is also likely to result in much lengthier prison sentences.

It is too late now for Knox and Sollecito to opt for a fast track process, and everyone, no matter how ill-informed, can surely agree at least that the path they have chosen has been painfully slow and longwinded.

But there were many other options that, although previously open to them, have now been closed down by their supporters’ stubborn insistence that the case against them was first concocted by a vindictive prosecutor who took an early dislike to them and was subsequently supported by a vast conspiratorial network of police, judges, journalists, shopkeepers, students, friends and relatives of the victim, and so on.

This conspiracy theory is not only daft, but it provides no help at all for the two people at its core whose words and actions remain delusional and psychotic.

Amanda Knox wrote in her memoriale,  “Is the evidence proving my pressance [sic] at the time and place of the crime reliable? If so, what does this say about my memory? Is it reliable?”(WTBH 98-9). These words are a clear cry for help.

Whether or not this cry was genuine, or was simply a cunning attempt to diminish punishment, is a matter that could and should have been determined at the time by a qualified psychiatrist. Instead, Knox was provided with a set of lawyers and a PR firm both of whom were set the task of claiming and proving their client’s innocence.

Her false allegation against an innocent man was then explained as resulting from a coercive police process - another ludicrous claim, contradicted by all the available evidence, including the self contradictory accounts published by the defendants themselves.

Knox and Sollecito are damaged individuals whose grip on reality is loose and whose delusional ramblings suggest that they need urgent psychiatric help. Instead, their fantasies have been cocooned by highly vocal supporters who have enabled the fantasists to maintain a series of fictions that, in the final analysis, will almost certainly fail to stand up to legal scrutiny.


Wednesday, December 04, 2013

With Sollecito’s First Plea For Mitigation Seen As A Flop, His Behavior Seems Increasingly Erratic

Posted by Peter Quennell





Sollecito has not ever taken the witness stand.

And given the minefield his foolish book and media claims amount to, don’t hold your breath expecting otherwise soon. However, last month Sollecito did use the Italian accuseds’ privilege of making an impromptu plea to the judges.

He was not under oath and not subject to cross-examination by the prosecutors. He did not address the copious evidence, and was seen as attempting to humanize himself to perhaps get some years knocked off a final sentence.

As always, Knox forces were left confused, thinking he had somehow helped both of them. But Sollecito repeatedly drew attention to his being an Italian and in effect to Knox and Guede not being Italians, thus once again separating himself from Knox on lines Barbie Nadeau also described here..

Our main poster Yummi was in the court and reported in part as follows:

One of the woman judges kept staring elsewhere and almost never watched Sollecito all the time he was talking. Sollecito’s speech itself was actually not that exciting. It was so overt that he was focused on portraying himself as a person who is so good and cannot hurt anyone, not the bad guy described in the media.  The real and only topic of Sollecito’s statement was himself, who he is, his “true” personality, he begged them to look at what a good and suffering a boy he is…

And believe me, Sollecito was just whiny. For a big part of his speech he was just putting distance between who he is today and the person he was when he was 20 years old. He talked about the impossibility of finding a job (the job he would like to have in a corporation, obviously, not just any job) and wanted the judge to project to his condition from that of young Italians who can’t hope to see a future.

Then 10 days ago the skilled senior prosecutor Dr Alessandro Crini fired back, and effectively demolished Sollecito’s premature statement. As we reported, Dr Crini took nearly two days to do that.

Sollecito was again in court on the first day, but was seemingly unable to face Dr Crini’s onslaught on the second day. He remained holed up at his hotel.

Although Dr Crini settled on a lowest-common-denominator motive - a Lord of the Flies flare-up which had escalated into mob violence and the fatal stab to Meredith - his recounting of the evidence and associated behavior of the pack was comprehensive and very hard.

Meredith was treated “as if she was an animal.” In this way Dr Crini defined the dynamics of the murder of Meredith Kercher during his indictment. According to Dr Crini, the attack escalated to the point where the attackers felt they “needed to get rid of a girl they had abused”. While Rudy Guede sexually abused Meredith Kercher, supine on the floor of her room, Raffaele Sollecito and Amanda Knox, according to the reconstruction, were at each side of the body of the victim.

“The mouth and neck of the victim were contained in a fierce way to avoid Meredith going berserk and screaming, and when Meredith did in fact manage to scream, she received the final fierce stab to the throat.” Two knives were used in the crime at the house in Via della Pergola on the night between 1 and 2 November 2007”...

Dr Crini referring to the bra clasp of the victim, said that “the presence of the DNA of Raffaele Sollecito is quite certain” and explained at length why there was no “possibility of contamination”.

Amanda Knox was at the scene of the crime, according to the identification made ​​by the scientific police in Meredith’s room of an imprint of a shoe (female size 36-38 according to the results of the analysis)... On the pillowcase, the center of gravity of this bloody history, were found a palmprint of Rudy Guede and this print of the shoe.”

Dr Francesco Sollecito was reported as being shocked by the unrelenting tone of the indictment. However, Sollecito’s plight is not nearly as bad as the ever-stubborn Amanda Knox’s.

Knox has already served three years and was fined heavily for obstruction of justice. She could face another year for that if it is found to have been aggravating. And as the post below mentions, she could face as many as three more charges for aggravating obstruction of justice. 

Sollecito in contrast has respected the court by actually showing up, and, unlike Knox, has lately shown restraint in accusing his accusers.

However, the day after Dr Crini ‘s indictment, it looked like Sollecito was taking off out of Italy like a rabbit. 

La Nazione reported that police at Florence Airport had held back a fully loaded Air France flight to Paris while they checked with the prosecution that he was indeed allowed to leave the country.  La Nazione said the prosecutors have some concern that he might skip and not come back, but he did come back from Santo Domingo, and his family has always ensured a presence in court.

But next TGCom24 reported that Sollecito’s father had claimed that Sollecito had already gone home to Bisceglie, although he is a free citizen still in possession of a passport and can travel anywhere if he wishes.

But then TGCom24 reported that he had indeed flown to Paris, and had turned around and come straight back again, to stay with family friends.  And that on 8 December he will sit his final exams in computer science at the University of Verona.

However soon after that La Nazione reported that Sollecito’s father had been contradicted by his lawyers, and his erratic son had slipped through his fingers and flown “for his work” back to Santo Domingo. Translation by Jools:

1 December 2013 – SCOOP. Denials, lies, game by the defenders. But in the end it’s up to the lawyer Luca Maori to admit: “Raffaele Sollecito returned to Santo Domingo, as anticipated on Friday by La Nazione”

He embarked from Florence’s Peretola Airport and made a stop-over in Paris, from where he then flew to the Caribbean island where he spent the last few months that preceded the start of the new appeals process. “But there is nothing strange - minimizes the lawyer - Raffaele went back to pick up the things he left there, will be back in ten days for the final exams and to await the judgment. With anxiety, but self-assured.”

No escape, just a normal “work” trip. Permissible, since there is no measure that prevents the accused to leave Italy. But the departure of Sollecito, accused of the murder of Meredith Kercher along with former girlfriend Amanda Knox (already sheltered in the U.S.) caused some sneering. And even the agents of the Border Police, when they saw him in front of the [departure] gate, made a phone call to the Procura to be sure whether the journey in the midst of the appeal process was really “normal.”

IN FACT. Sollecito ‘s father, in an understandable effort to defend his already too overexposed son, slipped on the so-called banana peel, placing the young man within a few hours in various locations, but never in the true destination across the ocean: in Verona, preparing for the final exam in computer science in regard to the thesis, or in Paris, but just for a flash-stay from which he was back the day after. At Christmas, maintained the father, Raffaele will return from abroad. Maybe for the last break before the final rush of the Mark II process, which, according to calculations by the Assize Court of Appeal, could be concluded on January 15.

Meanwhile, the hearing on 16 December is for the remaining civil parties, then double date for the defence, (December 17 and January 9) and hearing on the 10 dedicated to counter-argument. With Sollecito in the courtroom, assures the lawyer.

More grief for Papa Doc…. In the movie Groundhog Day the obnoxious hero had to repeat a single day of his life again and again till he hit upon the right things to do and say. Judge Nencini did leave Sollecito an opening to address the judges again.

It is in Sollectto’s own best interests to go back to court, and try and try and try to look and sound chastened till he gets it right. Knox too. 







Saturday, November 30, 2013

Note For Strasbourg Court & State Department: Knox Herself Proves She Lies About Her Interrogation

Posted by James Raper





In our previous post Kermit nicely shows how, under the European Court of Human Rights’ own guidelines, Amanda Knox’s “appeal” won’t put her out of reach of the fair and painstaking Italians. 

If any of the busy, hard-pressed ECHR investigators do choose to press beyond the ECHR guidelines, they will almost instantly establish that in her voluntary interview on 5 November 2007 Knox was treated with complete fairness.

Also that her false accusation of Patrick (which she never retracted) was entirely of her own doing.

And also that she is not only trying to throw sand into the wheels of Italian justice during an ongoing judicial process (a felony in Italy) but she is trying to welsh out of paying Patrick his damages award of $100,000 (a contempt of the Supreme Court) thus foolishly risking two more charges of aggravated calunnia.

This post derives from a post of mine last May. In another post, we showed that Dr Mignini was not present for the interrogation that night, and Knox maliciously invented an illegal interrogation at risk of a third aggravated calunnia charge.

In fact Dr Mignini met with Amanda Knox only briefly, later, to charge her and to warn she should say no more without a lawyer. He asked her no questions.

I will compare the various accounts of the interrogation to demonstrate that Amanda Knox is indeed lying to the ECHR, just as she did repeatedly in her book this year and also on US and European television.

  • There are two main bodies of truth about the interrogation: (1) all of those present at various times on that night and (2) Knox’s own testimony on the witness stand in mid 2009.

  • There are two main bodies of lies about the interrogation (1) The Sollecito book and (2) the Knox book, which by the way not only contradict one another but also contradict such other accounts as those of Saul Kassin and John Douglas.

The police had called her boyfriend Raffaele Sollecito in to the station for questioning and Knox had accompanied him because she did not want to be alone. They had already eaten at the house of a friend of Sollecito’s.

Knox’s interrogation was not tape recorded and in that sense we have no truly independent account of what transpired. The police, including the interpreter, gave evidence at her trial, but we do not yet have transcripts for that evidence other than that of the interpreter. There are accounts in books that have been written about the case but these tend to differ in the detail. The police and the interpreter maintain that she was treated well. Apart from the evidence of the interpreter all we have is what Knox says happened, and our sources for this are transcripts of her trial evidence and what she wrote in her book. I shall deal with the evidence of the interpreter towards the end of this article.

I am going to compare what she said at trial with what she wrote in her book but also there was a letter she wrote on the 9th and a recording of a meeting with her mother on the 10th November which are relevant.. What she wrote in her book is fairly extensive and contains much dialogue. She has a prodigious memory for detail now which was almost entirely lacking before.  I am going to tell you to treat what she says in her book with extreme caution because she has already been found out for, well let us say, her creative writing if not outright distortion of facts. I shall paraphrase rather than quote most of it but a few direct quotes are necessary.

Knox arrived with Sollecito at the police station at about 10.30 pm (according to John Follain). The police started to question Sollecito at 10.40 pm (Follain).

In her book Knox describes being taken from the waiting area to a formal interview room in which she had already spent some time earlier. It is unclear when that formal questioning began. Probably getting on for about 11.30pm because she also refers to some questions being asked of her in the waiting room following which she did some stretches and splits. She then describes how she was questioned about the events over a period from about the time she and Sollecito left the cottage to about 9 pm on the 1st November.

Possibly there was a short break. She describes being exhausted and confused. The interpreter, Knox says, arrived at about 12.30 am. Until then she had been conversing with the police in Italian.

Almost immediately on the questioning resuming -

“Monica Napoleoni, who had been so abrupt with me about the poop and the mop at the villa, opened the door. “Raffaele says you left his apartment on Thursday night,” she said almost gleefully. “He says that you asked him to lie for you. He’s taken away your alibi.””

Knox describes how she was dumfounded and devastated by this news. She cannot believe that he would say that when they had been together all night. She feels all her reserves of energy draining away. Then -

“Where did you go? Who did you text?” Ficarra asked, sneering at me.

“I don’t remember texting anyone.”

They grabbed my cell phone up off the desk and scrolled quickly through its history.

“You need to stop lying. You texted Patrick. Who’s Patrick?”

“My boss at Le Chic.”

Stop right there.

How were the police able to name the recipient of the text? The text Patrick had sent her had already been deleted from Knox’s mobile phone by Knox herself and Knox hasn’t yet named Patrick. In fact she couldn’t remember texting anyone.

It is of course probable that the police already had a log of her calls and possibly had already traced and identified the owner of the receiving number for her text, though the last step would have been fast work.

In her trial testimony Knox did a lot of “the police suggested this and suggestd that” though it is never crystal clear whether she is accusing the police of having suggested his name. But she is doing it here in her book and of course the Knox groupies have always maintained that it was the police who suggested his name to her.

The following extract from her trial testimony should clear things up. GCM is Judge Giancarlo Massei.

GCM: In this message, was there the name of the person it was meant for?

AK: No, it was the message I wrote to my boss. The one that said “Va bene. Ci vediamo piu tardi. Buona serata.”

GCM: But it could have been a message to anyone. Could you see from the message to whom it was written?

AK: Actually, I don’t know if that information is in the telephone…………………..

GCM : But they didn’t literally say it was him!

AK : No. They didn’t say it was him, but they said “We know who it is, we know who it is. You were with him, you met him.”

GCM : Now what happened next? You, confronted with the message, gave the name of Patrick. What did you say?”

AK : Well, first I started to cry…....

And having implied that it was the police who suggested Patrick’s name to her, she adds….. that quote again -

“You need to stop lying. You texted Patrick. Who’s Patrick?”

“My boss at Le Chic.”

Here she is telling the Perugian cops straight out exactly to whom the text was sent. “My boss at Le Chic”.

But that does not quite gel with her trial testimony -

And they told me that I knew, and that I didn’t want to tell. And that I didn’t want to tell because I didn’t remember or because I was a stupid liar. Then they kept on about this message, that they were literally shoving in my face saying “Look what a stupid liar you are, you don’t even remember this!”

At first, I didn’t even remember writing that message. But there was this interpreter next to me who kept saying “Maybe you don’t remember, maybe you don’t remember, but try,” and other people were saying “Try, try, try to remember that you met someone, and I was there hearing “Remember, remember, remember…..

Doesn’t the above quote make it clear that the police were having considerable trouble getting Knox to tell them to whom her text message was sent? It would also explain their growing frustration with her.

But perhaps the above quote relates not to whom the text was sent but, that having been ascertained, whether Knox met up with that person later? Knox has a habit of conflating the two issues. However there is also the following quote from her trial testimony -

Well there were lots of people who were asking me questions, but the person who had started talking with me was a policewoman with long hair, chestnut brown hair, but I don’t know her. Then in the circle of people who were around me, certain people asked me questions, for example there was a man holding my telephone, and who was literally shoving the telephone into my face, shouting “Look at this telephone! Who is this? Who did you want to meet?”

Then there were others, for instance this woman who was leading, was the same person who at one point was standing behind me, because they kept moving, they were really surrounding me and on top of me. I was on a chair, then the interpreter was also sitting on a chair, and everyone else was standing around me, so I didn’t see who gave me the first blow because it was someone behind me, but then I turned around and saw that woman and she gave me another blow to the head.

The woman with the long hair, chestnut brown hair, Knox identifies in her book as Ficarra. Ficarra is the policewoman who started the questioning particularly, as Knox has confirmed, about the texted message. “Look at this telephone! Who is this? Who did you want to meet?” Again, surely this is to get Knox to identify the recipient of the text, not about whether she met up with him?






In the book though, it is all different.

In the book, the police having told her that the text is to someone called Patrick, Knox is a model of co-operation as, having already told them that he is her boss at Le Chic, she then gives a description of him and answers their questions as to whether he knew Meredith, whether he liked her etc. No reluctance to co-operate, no memory difficulties here.

Notwithstanding this, her book says the questions and insinuations keep raining down on her. The police insist that she had left Sollecito’s to meet up with - and again the police name him - Patrick.

“Who did you meet up with? Who are you protecting? Why are you lying? Who’s this person? Who’s Patrick?”

Remember again, according to her trial testimony the police did not mention Patrick’s name and Knox still hasn’t mentioned his name. But wait, she does in the next line -

“I said “Patrick is my boss.””

So now, at any rate, the police have a positive ID from Knox regarding the text message and something to work with. Patrick - boss - Le Chic.

Knox then refers to the differing interpretations as to what “See you later” meant and denies that she had ever met up with Patrick that evening. She recalls the interpreter suggesting that she was traumatized and suffering from amnesia.

The police continue to try to draw an admission from Knox that she had met up with Patrick that evening - which again she repeatedly denies. And why shouldn’t she? After all, she denies that she’s suffering from amnesia, or that there is a problem with her memory. The only problem is that Sollecito had said she had gone out but that does not mean she had met with Patrick.

Knox then writes, oddly, as it is completely out of sequence considering the above -

“They pushed my cell phone, with the message to Patrick, in my face and screamed,

“You’re lying. You sent a message to Patrick. Who’s Patrick?”

That’s when Ficarra slapped me on my head.”

A couple of blows (more like cuffs) to the head (denied by the police) is mentioned in her trial testimony but more likely, if this incident ever happened, it would have been earlier when she was struggling to remember the text and to whom it had been sent. Indeed that’s clear from the context of the above quotes.

And this, from her trial testimony -

Remember, remember, remember, and then there was this person behind me who—it’s not that she actually really physically hurt me, but she frightened me.”

In the CNN TV interview with Chris Cuomo, Knox was asked if there was anything she regretted.

Knox replied that she regretted the way this interrogation had gone, that she wished she had been aware of her rights and had stood up to the police questioning better.

Well actually, according to the account in her book, she appears to have stood up to the police questioning with a marked degree of resilience and self- certainty, and with no amnesia. There is little of her trademark “being confused”. 

So why the sudden collapse? And it was a sudden collapse.

Given the trial and book accounts Knox would have us think that she was frightened, that it was due to exhaustion and the persistent and bullying tone of the questioning, mixed with threats that she would spend time in prison for failing to co-operate. She also states that -

(a) she was having a bad period and was not being allowed to attend to this, and

(b) the police told her that they had “hard evidence” that she was involved in the murder.

Knox has given us a number of accounts as to what was actually happening when this occurred.

In a letter she wrote on the 9th November she says that suddenly all the police officers left the room but one, who told her she was in serious trouble and that she should name the murderer. At this point Knox says that she asked to see the texted message again and then an image of Patrick came to mind. All she could think about was Patrick and so she named him (as the murderer).

During a recorded meeting with her mother in Capanne Prison on the 10th November she relates essentially the same story.

In her book there is sort of the same story but significantly without mention of the other officers having left the room nor mention of her having asked to see the texted message again.

If the first two accounts are correct then at least the sense of oppression from the room being crowded and questions being fired at her had lifted.

Then this is from her book -

In that instant, I snapped. I truly thought I remembered having met somebody. I didn’t understand what was happening to me. I didn’t understand that I was about to implicate the wrong person. I didn’t understand what was at stake. I didn’t think I was making it up. My mind put together incoherent images. The image that came to me was Patrick’s face.  I gasped. I said his name. “Patrick—it’s Patrick.

It’s her account, of course, but this “Patrick - It’s Patrick” makes no sense at this stage of it unless it’s an admission not just that she had met up with Patrick but that he was at the cottage and involved in Meredith’s death.

And this is from her trial testimony -

GCM : Now what happened next? You, confronted with the message, gave the name of Patrick. What did you say?

AK : Well, first I started to cry. And all the policemen, together, started saying to me, you have to tell us why, what happened? They wanted all these details that I couldn’t tell them, because in the end, what happened was this: when I said the name of Patrick I suddenly started imagining a kind of scene, but always using this idea: images that didn’t agree, that maybe could give some kind of explanation of the situation.

There is a clear difference between these two quotes.

The one from her book suggests that she was trying hard but that the police had virtually brought her to the verge of a mental breakdown.

Her trial testimony says something else; that a scene and an idea was forming in her mind brought on by her naming of Patrick.

In her book she states that a statement, typed up in Italian, was shoved under her nose and she was told to sign it. The statement was timed at 1.45 am. The statement was not long but would probably have taken about twenty minutes to prepare and type.

The statement according to Knox -

... I met Patrick immediately at the basketball court in Piazza Grimana and we went to the house together. I do not remember if Meredith was there or came shortly afterward. I have a hard time remembering those moments but Patrick had sex with Meredith, with whom he was infatuated, but I cannot remember clearly whether he threatened Meredith first. I remember confusedly that he killed her.

The fact that the statement was in Italian is not important. Knox could read Italian perfectly well. However she does insinuate in the book that the details in the statement were suggested to her and that she didn’t bother to read the statement before signing.

Apart from what has been mentioned above, there are some other points and inferences to be drawn from the above analysis.

    1.  Knox’s account destroys one of Sollecito’s main tenets in his book Honour Bound. Sollecito maintains that he did nothing to damage Knox’s alibi until he signed a statement, forced on him at 3:30 am and containing the damaging admission that Knox had gone out. But Knox makes it clear that she had heard from the Head of the Murder Squad that he had made that damaging admission, at or shortly after 12.30 am. Or is Knox is accusing Napoleoni of a bare-faced lie?

    2.  It is valid to ask why Knox would not want to remember to whom the text had been sent. Who can see into her mind? Perhaps Knox realized that discussion of it would confirm that if she had indeed gone out then it was not to Le Chic, where she was not required. However even if she thought that could put her in the frame it’s not what an innocent person would be too worried about. Perhaps she did just have difficulty remembering?

    3.  If there was no fuss and she did remember and tell the police that the text was to Patrick, and the questioning then moved on to whether she met up with Patrick later that evening, what was the problem with that? She knew the fact that she hadn’t met up with him could be verified by Patrick. She could have said that and stuck to it. The next move for the police would have been to question Patrick. They would not have had grounds to arrest him.

    4.  Knox stated in her memorial, and re-iterates it in her book, that during her interrogation the police told her that they had hard evidence that she was involved in Meredith’s murder. She does not expand on what this evidence is, perhaps because the police did not actually tell her. However, wasn’t she the least bit curious, particularly if she was innocent? What was she thinking it might be?

    5.  I can sympathise with any interviewee suffering a bad period, if that’s true. However the really testy period of the interview/interrogation starts with the arrival of the interpreter, notification of Sollecito’s withdrawal of her alibi and the questioning with regard to the text to Patrick, all occurring at around 12.30 am.  There has to be some critical point when she concedes, whether to the police or in her own mind,  that she’d met “Patrick”, after which there was the questioning as to what had happened next. Say that additional questioning took 20 minutes. Then there would be a break whilst the statement is prepared and typed up. So the difficult period for Knox, from about 12.30 am to that critical point, looks more like about 35 to, at the outside, 50 minutes.

    6.  Even if, for that period, it is true that she was subjected to repeated and bullying questions, and threats, then she held up remarkably well as I have noted from her own account. It does not explain any form of mental breakdown, let alone implicating Patrick in murder. In particular, if Knox’s letter of the 9th and the recording of her meeting with her mother on the 10th are to believed, that alleged barrage of questions had stopped when she implicated Patrick.  An explanation, for what it’s worth, might be that she had simply ceased to care any longer despite the consequences. But why?

    7.  A better and more credible explanation is that an idea had indeed formed suddenly in her mind. She would use the revelation about the text to Patrick and the consequent police line of questioning to bring the questioning to an end and divert suspicion from her true involvement in the murder of Meredith Kercher. She envisaged that she would be seen by the police as a helpless witness/victim, not a suspect in a murder investigation. As indeed was the case initially.  She expected, I am sure, to be released, so that she could get Sollecito’s story straight once again. If that had happened there would of course remain the problem of her having involved Patrick, but I dare say she thought that she could simply smooth that over - that it would not be a big deal once he had confirmed that there had been no meeting and that he had not been at the cottage, as the evidence was bound to confirm.

At the beginning I said that we also have a transcript now of the evidence of the interpreter, Anna Donnino. I will summarise the main points from her evidence but it will be apparent immediately that she contradicts much of what Knox and her supporters claim to have happened.

Donnino told the court that she had 22 years experience working as a translator for the police in Perugia. She was at home when she received a call from the police that her services were required and she arrived at the police station at just before 12.30 am, just as Knox said. She found Knox with Inspector Ficarra. There was also another police officer there whose first name was Ivano. At some stage Ficarra left the room and then returned and there was also another officer by the name of Zugarina who came in. Donnino remained with Knox at all times

The following points emerge from her testimony :-

    1. Three police officers do not amount to the “lots of people” referred to in Knox’s trial testimony, let alone the dozens and the “tag teams” of which her supporters speak.

    2. She makes no mention of Napoleoni and denied that anyone had entered the room to state that Sollecito had broken Knox’s alibi. (This is not to exclude that this may have happened before Donnino arrived)

    3. She states that Knox was perfectly calm but there came a point when Knox was being asked how come she had not gone to work that she was shown her own text message (to Patrick). Knox had an emotional   shock, put her hands to her ears and started rolling her head and saying “It’s him! It’s him! It’s him!”

    4. She denied that Knox had been maltreated or that she had been hit at all or called a liar.

    5. She stated that the officer called Ivano had been particularly comforting to Knox, holding her hand occasionally.

    6. She stated that prior to the 1.45 am statement being presented to Knox she was asked if she wanted a lawyer but Knox said no.

    7. She stated that she had read the statement over to Knox in english and Knox herself had checked the italian original having asked for clarification of specific wording.

    7. She confirmed that that she had told Knox about an accident which she’d had (a leg fracture) and that she had suffered amnesia about the accident itself. She had thought Knox was suffering something similar. She had also spoken to Knox about her own daughters because she thought it was necessary to establish a rapport and trust between the two of them.

The account in Knox’s book is in some ways quite compelling but only if it is not compared against her trial testimony, let alone the Interpreter’s testimony:  that is, up to the point when she implicates Patrick in murder. At that point no amount of whitewash works. The Italian Supreme Court also thought so, upholding Knox’s calunnia conviction, with the addition of aggravating circumstances.




Wednesday, November 27, 2013

Amanda Knox Lies Again To Get Herself Into Another European Court “But Really, Judge, Its Only PR”

Posted by Kermit



[Amanda Knox’s lawyer Luciano Ghirga (right): “Amanda wasn’t hit, we made no complaint”]

Introduction

This is the first of two posts on Knox’s claim to have sent an appeal to the Strasbourg-based European Court of Human Rights (ECHR).

Last Monday the main event that followers of the Meredith Kercher murder case were awaiting was the closing argument by Prosecutor Alessandro Crini in Amanda Knox’s and Raffaele Sollecito’s appeal trial.

Dr Crini’s structuring of the prosecution’s case in 16 points demolished the defendants’ efforts to present the volume of evidence against them as an incredible, long series of mistakes, coincidences and misunderstandings.

It seems, however, that Amanda Knox and her people didn’t want the public to be too fascinated by Dr Crini’s devastating argument.  They really wanted them to be distracted by what can only be seen as an ill-judged public relations move, breaking yet more laws along the way.

Knox attempted to blow smoke over the prosecution’s arguments by grandly announcing “today, my lawyers filed an appeal of my slander[sic] conviction with the European Court of Human Rights.”  That explanation of her PR ploy calls for a close review of her eligibility (here) and her so-called proof (next post).

Knox’s eligibility or otherwise

The European Court of Human Rights, is a supranational European tribunal dedicated to – as its name suggests - human rights.

It is not dedicated to criminal or civil proceedings on murder, sexual assault, theft, simulation of a crime, or any of the other charges that Knox faces.

In fact, to avoid the many unnecessary or spurious applications which hamper real cases getting attended to, the ECHR provides a number of online resources on who may apply and how and why.

One of the first issues that its advice underlines is that it is not a glorified appeals court:





It is strange then, that Amanda Knox claims that her lawyers have “appealed” her case to the ECHR.

Either Knox’s legal advisors are just ignorant (which ones? The Italian professionals, or the American media hacks?) or this is simply a last-ditch Hail Mary action as an extradition request moves inexorably closer.

If the ECHR makes clear that it isn’t a court of appeal, there shouldn’t be any direct correlation between the Supreme Court confirming her as a convicted criminal and her application to the ECHR.

If that is in fact the basis of their application, it will not go far before rejection. In fact, the vast majority (more than 95%) of applications get rejected:

“For a number of years now, and owing to a variety of factors, the Court has been submerged by individual applications (over 130,000 were pending as at 31 August 2010). The overwhelming majority of these applications (more than 95%) are, however, rejected without being examined on the merits for failure to satisfy one of the admissibility criteria laid down by the Convention.

This situation is frustrating on two counts.

Firstly, as the Court is required to respond to each application, it is prevented from dealing within reasonable time-limits with those cases which warrant examination on the merits, without the public deriving any real benefit.

Secondly, tens of thousands of applicants inevitably have their claims rejected, often after years of waiting.” 

It would be a outrageous if other, real human rights cases were delayed due to a Public Relations ruse as part of an extra-judicial strategy to undermine a request for Knox’s extradition.

Other ECHR on-line resources help potential applicants decide if they be eligible to be heard at the Court.

Below, a work-flow chart presents the main steps, including various “Admissibility Criteria”:



[Click for larger version]

A first admissibility criterion

The first Admissibility criterion is that an applicant has exhausted “domestic remedies” in pursuing the recognition and correction of the human rights he or she feels have been abused.

Knox in her application to the ECHR directly relates the Italian Supreme Court final confirmation of her “calunnia” sentence (three years for obstruction of justice for framing her kindly boss Patrick Lumumba as the murderer of Meredith Kercher, thereby throwing off the course of the investigation) to her application to the ECHR.

But what were the supposed human rights abuses suffered? What did she do to remedy them?

The first requirement of exhausting “domestic remedies” means that the rights abuses that Knox alleges she has suffered have been pursued in Italy, and that all possible instances of reclamation in Italy have been visited.

However, as far as the public knows, Knox has not even placed a formal complaint concerning supposed civil rights abuse. Certainly her own Italian lawyers have said they havent.

The US and Italian publics would be interested in seeing her specific claims to the ECHR and whether there is any registration of such claims or complaints with the Italian police or other administrative or NGO offices.

Knox’s needling stepfather, Chris Mellas, stated in April 2008 on a precursor to the PMF discussion forum that a complaint had been filed concerning Amanda being hit during questioning.



[Click for larger version]


However, nothing more has ever been heard of this complaint, which definitely would have been a starting point for pursuing domestic Italian remedies to the claimed rights abuse.

Since it appears zero rights abuses have been pursued in Italy, and the date of Knox’s application to the ECHR is in effect unrelated to her “calunnia” sentence confirmed by the Supreme Court, the six month limit beyond national remedies related to the rights abuse for applying to the ECHR is irrelevant here.

It should be noted that when Prosecutor Crini asked this week for an addition to Knox’s confirmed sentence for “calunnia”, adding another year to the three years already served by the convicted criminal, this is not a reopening of the “calunnia” case or an example of “double jeopardy”, but rather the reassessment on appeal of a separate, pending issue related to the basic calunnia charge: whether it should include an additional year of sentence for being aggravated.

Since this aggravation addition to the charge is awaiting determination, and follows from instructions of the Italian Supreme Court (and could result in an additional year in prison), it is not part of the prior, confirmed sentence.

A second admissibility criterion

Now just in case Knox or her lawyers would like to allege any perceived human rights abuse whatsoever in their ECHR application, the Strasbourg court insists on the reclamation in question being directly related to one of the sections of the European Convention on Human Rights

I’ve gone through it and I see chapters related to illegal detention (detention permitted only following arrest) and torture, but nothing related to getting cuffed on the back of your head.

If such an event ever occurred, it shouldn’t have, but quite likely one of the other authorities or rights bodies listed by the ECHR may be better equipped to deal with it.

This is a second Admissibility Criterion that filters out many applications: one can’t simply run to the ECHR saying “my rights have been abused” – the issue at hand must be directly related to the European Convention on Human Rights.

I seriously doubt the “hitting” event ever occurred because Knox’s own Italian lawyer Luciano Ghirga denied it, stating to the Press on 21 October 2008:

Amanda wasn’t hit. There were pressures fom the police, sure, but we never said she was hit.

As our next post here on this same subject will show, even Knox herself admitted she was treated well. 



[Above: Amanda Knox’s Italian courtroom lawyer stating to the Press in 2008 that she had not been hit.]


If Knox hasn’t even tried to remedy being allegedly hit in Italy by suing or making formal complaints, nevertheless the Italian police certainly have acted upon such suggestions.

A number of legal processes are under way against Knox and her family members for slander and calunnia. Knox might face two more charges of aggravated calunnia. Why do I doubt that Knox has even mentioned those other legal processes in her application to the ECHR?

Those charges would of course have to be taken care of (as part of “exhausting domestic remedies”) before the ECHR would be able to consider her application, assuming it surmounted all of its other shortcomings to get to the ECHR judges’ hands.

A third admissibility criterion

Another Admissibility Criteria is the “Significant Disadvantage” filter. If an alleged rights abuse is minimal – compared to the very serious issues that the ECHR was created to consider – the application will go no further.

The only violent description of Knox’s alleged beating was given by her stepfather, Chris Mellas: “She was interrogated, and hit, and threatened,” he typed. “Tortured.  Physically and mentally”.

However, there was never any medical or forensic notification of such “torture” before or after her incarceration in Capanne Prison.

Rather, Knox spent her time in prison receiving regular visits from a lovelorn Italian politician who befriended her, and participating in prison musical and theatrical activities.



[Click for larger version]


In underlying the “significant disadvantage” requirement, the ECHR states in its examples of rejected claims, that it can’t be distracted by the French driver who lost a point on his driver’s licence, or the Romanian who claims 90 euros from the State, when the Court has real and serious Human Rights cases to deal with such as:

  • El-Masri v. the former Yugoslav Republic of Macedonia (Article 3 of European Convention on Human Rights:  Torture and inhuman and degrading treatment during and following applicant’s extraordinary rendition to CIA)

  • Hirsii Jamaa and others v. Italy (Article 4 of Protocol No. 4: Return of migrants intercepted on the high seas to country of departure)

It’s almost certain that Knox has not pursued on an Italian level any remedies to her alleged human rights abuse (whatever it was), nor is there any evidence that the investigation into Meredith Kercher’s murder and the subsequent trials of Knox, Rudy Guede and Raffaele Sollecito were affected in their outcome by the rights abuse.

This is especially the case if the limit of Knox’s human rights suffering is that described by a talky ex-FBI helicopter pilot turned ex-college security guy turned Amanda Knox groupie, Steve Moore.

Moore describes the “frightful” circumstances of Knox’s witness questioning on the night of 5 November 2007 for the couple of hours (perhaps even somewhat less) that it lasted:

No food, no coffee, no bathroom breaks – nothing.





Above is ex-college security man Steve Moore, right, together with PR flunkie Bruce Fischer, left, both flanking “Frank Sfarzo”, a Knox-Mellas family friend.

Francesco Sforza is currently a fugitive from the Seattle courts on two counts of Assault-Domestic Violence, who continues to support Amanda in ongoing Internet blog posts, from wherever he may be.

See below. Click for larger. In purple, my corrections to Knox’s “what-I-want-the-World-to-believe” post about applying to the ECHR.



[Click for larger version]

In conclusion

Between the manifest doubtfulness of the acceptability of Knox’s application to the European Court of Human Rights, on one hand, and the falsehoods and half-truths in her announcement, on the other, why do I get the feeling that the only reason and hope she and her team have in announcing the application (whether really filed or not) is to distract the attention of the followers of her appeal trial from the prosecution’s weighty arguments?

This will have little if any effect on the wheels of Italian Justice, and probably even less on a State Department more concerned with maintaining good relations with European allies while diplomatic challenges occur in the Middle East and Asia, than with a lobby plan to prevent Knox’s extradition.


[Below: The European Court of Human Rights in Strasbourg France]


Sunday, November 10, 2013

The Crime-Scene Clean-Up: How Rudy Guede’s Diary Provides Even More Proof That It Happened

Posted by pat az





This post is crossposted from my own place. Here is one of my previous crime scene analyses on TJMK.

Rudy Guede was ultimately declared convicted by the Supreme Court in 2010 of participating in the 2007 murder of Meredith Kercher.

The prosecution claims the two other participants are Amanda Knox and Raffaele Sollecito. Knox and Sollecito are currently appealing their conviction of the same crime.

The case against the three of them involves a suspected clean up of the hallway in the apartment after the crime. Meredith’s blood was found in the bathroom, and half a footprint in her blood was found on the bathroom mat. However, there was no visible blood between Meredith’s bedroom and the bathroom.

The only visible blood in the hallway were faint partial shoe prints that led directly out the front door of the apartment.

After the murder was discovered, the media reported almost daily on developments in the case. The day of the murder, the press reported on the blood found in the bathroom and the bedroom.

But until police used luminol at the apartment on December 18th, the media didn’t report on any significant blood found in the hallway.  Between November 2nd and December 18th, only one person stated that significant amounts of blood had been in the hallway.

Rudy Guede.

Rudy Guede actually wrote about it in his diary between Nov 20th and Dec 6th, after being captured in Germany.






The police arrived at the apartment on November 2nd. According to media reports, the blood they spotted immediately was only in the bathroom and Meredith’s bedroom.  When the scene was more closely examined, after the discovery of the body, police found visible blood patterns on the floor left by Guede’s left shoe as he left the apartment.

None of the people who arrived in the apartment on the afternoon of November 2nd reported seeing them; these footprints are not in any of the stories of the events of Nov 2nd told by Amanda Knox nor Raffaele Sollecito. So, while these prints were visible, they were not substantially obvious.

On December 18th 2007 investigators applied Luminol in the hallway and other bedrooms. This forensic chemical is used to detect blood which has been cleaned away. The Luminol revealed several footprints in the hallway between the bedrooms of Knox and Meredith. Example below. Some of these footprints were leading towards Meredith’s door.



They also discovered prints in Filomena’s room which contained Meredith’s DNA and Amanda Knox’s DNA. They also revealed a footprint in Amanda Knox’s bedroom. (The defense unsuccessfully contested the investigator’s conclusions that these prints were made with blood).

On November 19 2007, an international arrest warrant was issued for Rudy Guede. He was arrested in Germany on November 20th. Guede remained in Germany until his extradition on December 3rd.

During his stay in jail in Germany, Guede wrote a long statement that was published and translated. Guede’s writings are similar to to Knox’s jail writings in many ways - they both try to write out their own detailed version of events, while pointing blame elsewhere. 

But Guede’s comments may in fact be confirmation of a clean-up after the murder of Meredith Kercher (emphasis added):

I am asking myself how is it possible that Amanda could have slept in all that mess, and took a shower with all that blood in the bathroom and corridor? (Guede, Germany Diary, P21)

The police did not find evidence of any other blood until December 18th, AFTER Guede returned from Germany. As indicated above, the luminol revealed multiple footprints in the hallway, in Knox’s bedroom, and in Filomena’s bedroom. The image below shows these results in blue. Guede’s partial footprints are shown in red.






The conclusion is inescapable: Guede knew there would be significant evidence of blood in the hallway, before the police themselves found that evidence.

How did Guede know there would be more blood found in the hallway, before the police found that evidence on December 18th? And why wasn’t that blood there on the morning of November 2nd?

The courts believe the blood in the hallway was cleaned after the murder of Meredith Kercher. And the Micheli and Massei courts believed only one person had the motivation to hide this evidence: Amanda Knox.

Here is a summary of Judge Micheli’s October 2008 indictment finding.

In Judge Massei’s December 2009 trial finding for the original conviction of Knox and Sollecito, he also writes about the clean-up that the judges believed to have happened:

Further confirmation is constituted by the fact that, after Meredith’s murder, it is clear that some traces were definitely eliminated, a cleaning activity was certainly carried out. In fact, the bare foot which, stained with blood, left its footprint on the sky-blue mat in the bathroom, could only have reached that mat by taking steps which should have left other footprints on the floor, also marked out in blood just like (in fact, most likely, with even more [blood], since they were created before the footprint printed on the mat) the one found on the mat itself. Of such other very visible footprints of a bloody bare foot, on the contrary, there is no trace. (Massei, Dec 09; PMF translation)

In defense of Guede, Knox, and Sollecito, some might try to claim that Guede heard about blood in the hallway in the news. Rudy Guede was arrested 18 days following the murder of Meredith Kercher. During that time he had access to read the news and watch reports.

I have searched for articles in the period between November 2nd and December 18 which mention blood. All of the articles I have found so far discuss blood in the bedroom or the bathroom. One or two discuss footprints leading to the front door.

None of them discuss blood in the hallway that would justify a statement from Guede of “tutto quel sangue nel bagno e sul corridoghe” (all that blood in the bathroom and in the corridor)

Guede himself said he went between the bedroom and the bathroom, so may have tracked blood into the bathroom and therefore known blood would be found in the hallway.

Even that knowledge however confirms a clean-up, as there was not a trail of blood between the bathroom and Meredith’s room that justifies the footprint on the bathmat and blood found in the bathroom.

I have my own questions as a result of Guede’s knowledge of blood in the hallway:

Could the attack have started in the hallway? Could the first blood shed have been on the hallway tiles?

The prosecution and courts argue that Amanda Knox had a role in the attack and murder. Knox and her supporters are very adamant that there is no trace of Knox in Meredith’s bedroom. While the courts argue otherwise, could Knox’s role have been limited to the hallway?

Sadly, we may never know the full truth of what happened on the evening of November 1st, 2007.

My timeline of media reports on blood

  • Nov 2nd: Meredith Kercher found. Blood found in bathroom.
  • Nov 5th: Police analyzing traces of blood from apartment below.
  • Nov 5th:  A “trail of blood” is on the inside handle of the door to the apartment.
  • Nov 7th: reports of Amanda Knox’s statements, includes finding blood in the bathroom.
  • Nov 14th: Police use of Luminol at Sollectio’s house. First reports on the knife seized by police from Sollecito’s house.
  • Nov 19th: Analysis of blood in bedroom (pillow, bra, etc).
  • Nov 22nd: Guede’s prints in blood.
  • Nov 27th: Amanda Knox’s blood on bathroom tap.
  • Nov 28th: Blood in bathroom.
  • Dec 5th: Reports of Guede’s letter to father: “there was so much blood”.

My timeline of main events involving Guede

  • Nov 2nd, 2am – 4:30 am: Guede seen by witnesses at Domus nightclub.
  • Nov 3: Guede leaves Perugia for Germany
  • Nov 11: Guede’s cell phone tracked in Milan (Corriere)
  • Nov 12: Newspaper reports a 4th suspect.
  • Nov 19: Guede identified as suspect in newspapers
  • Nov 19: Guede skype conversation with friend.
  • Nov 20: Patrick released from prison.
  • Nov 20: Guede arrested while trying to return to italy on train in Germany.
  • Nov 21: Guede interrogated by German police; Guede admits to being at apartment, blames an italian man for murder.
  • Nov 20-Dec 5: Guede writes diary in German prison.
  • Dec 3:  Germany grants Guede’s extradition back to Italy.
  • Dec 6: Guede returns to Perugia.
  • Dec 7: Guede interrogated by Magistrate.
  • Dec 14: Guede ordered to remain in prison.
  • Dec 17: Knox is questioned by Mignini.
  • Dec 18: Police use luminol in apartment and find footprints in hallway and in Filomena’s bedroom.

Wednesday, November 06, 2013

Appeal Session #3: Sollecito In Court With Family Lawyer For Carabinieri Report On DNA On The Knife

Posted by Peter Quennell



[Compare Sollecito’s praying hands here with Amanda Knox’s in the bottom shot at the end of the post]

Final Update

So the court session does not even extend beyond the lunch hour. Good morning Seattle! At this moment it is still only 3:30 in the morning there. Only night owls will know what happened.

Yummi and Mason2 may have more for us, which will appear either here below this final update on in Comments.  Also Andrea Vogt and hopefully Barbie Nadeau will be filing longer reports in English. We will also check out all the Italian reporting.

Hard to see any game changers in today’s strong but undramatic testimony. The Carabinieri RIS DNA experts could not be shaken. All momentum remains with the prosecution and with the Supreme Court’s “givens” on the evidence, such as the presence of three attackers in Meredith’s room. 

The defenses seem to be giving up. They could have phoned it in. Sollecito lawyer Bongiorno didnt make any new fuss. And Amanda Knox lawyer Dalla Vedova was cut off by the lead judge several times, for trickily going off the point. He really is out of his depth in a criminal trial; at the same time often condescending.

And a seeming big slap in the face for the American defense stooge Greg Hampikian who seems to have illegally colluded with the disgraced Hellmann consultants Conti and Vecchiotti (who were not even mentioned today) when Judge Nencini asked Dr Barni “Would you be able to provide reliable standards without using suggestions from Americans?” Dr Barni responded “Of course”.

And Sollecito “wasted” his statement by whining about his life, showing no compassion for Meredith (despite his claimed visit to her grave), and not answering any of the dozens of open questions. Sollecito really needed to show he is both strong and compassionate and NOT a weakling under the thumb of Amanda - but he seems to have done quite the opposite. The family lawyer must not be too pleased.

Fifth Update

The opening of Frank Sforza’s trial in the same courthouse is postponed, apparently because new information on his campaign to poison opinion against the judiciary and his unsavory connections has been coming in.

Information will be exchanged that is gathered at this trial on mafiosos Luciano Aviello and at Aviello’s own trial for obstruction of justice which is now proceeding in the same Florence courthouse in parallel.

The findings and possible charges on the defamatory and dishonest books by Knox and Sollecito are due about now from the Florence and Bergamo prosecutors. Information gathered in those investigations could also be fed in to this process, or put aside for separate trials.

As both the AK and RS books are bulging with the standard PR talking points (some of which flowed from Frank Sforza and Doug Preston) in a sense it will be Curt Knox, the Mellases, Marriott, Sforza, Fischer and Moore who will be put under the microscope.

Fourth Update

A more detailed report on the DNA phase today from the Andrea Vogt website.

The RIS Wednesday deposited their forensic report on trace 36i, a spot of DNA identified (but not earlier tested) on the kitchen knife alleged to be the murder weapon. “Cento Percento” (100 percent) said Major Berti, discussing compatibility. The RIS found that the DNA was compatible with Amanda Knox, and excluded that it was that of Sollecito, Guede or Kercher. 

The RIS expert was asked only a few questions from attorneys and the judge. The judge asked why the RIS had done two amplications of the DNA and not 3 or 4. Major Berti described that two is considered the minimum number of amplifications necessary, according to today’s forensic standards, doing less (or more) might have diminished the reliability of the results. The judge also asked about the age of the equipment used. Berti responded that the forensic kit used this time has been commercialized since 2010 and available for use since 2011. 

At one point the judge stopped a line of questioning by Knox’s Rome attorney Carlo Dalla Vedova, who was asking why the RIS described Knox’s DNA as “fluids” when a prior expert had said the trace did not come from blood.  Nencini said: That question was not put to the RIS by this court, it was not their job to determine that. The other experts’ reports are in the case files for everyone to read, he noted, adding: “We cannot put words in the mouth of this expert that were said by another expert.”


Third Update

Tweets from our main poster Yummi (Machiavelli)

32. Judge Nencini’s comments were always addressed at Dalla Vedova’s arguments, who was in fact a bit silly

31. The Judge declared the evidence phase closed. Next court dates are 25 November for prosecution argument and 26 for the defences with 16 and 17 December.

30. Judge Nencini asked Dr Barni “would you be able to provide reliable standards without using suggestions from Americans?” Dr Barni: “of course”

29. Dalla Vedova said Tagliabracci was the only Italian source in the RIS report, all others are foreigners, emphasized the American labs…

28. Sollecito said his family absolutely never had issues with justice. And he is a proud ‘member’ of that family

27. He also played the ‘national’ card, as he remphasized ‘I am Italian’ twice and then addressed the court ‘I am an Italian, as you are’

26. Sollecito mentioned the defens’s arguments (he has an orthopedical issue with his foot etc.).

25. The questions of all parties to the experts were intended to elicit information to be used in arguing the unrelated previous finding

24. He mentioned Meredith’s name only once, to say he barely knew her.

23. Sollecito talked with a faint voice, a long speech in which he described himself as a victim.

22. The Carabinieri say that there are only a few governmental laboratories which have the 17025 certificate (the Carabinieri and the Police)

21. Nencini stops Dalla Vedova, points out that scientific community is international

20. Dalla Vedova tries to elicit that the good standards are not the Italian ones.

19. The RIS obtained the ISO9001 certificate in 2008, and a more specific certificate in 2012.

18. Bongiorno asks RIS to explain why two amplifications are recommended.

17. Prosecutor Crini asks if there are criteria to distinguish which labs or which experts are more competent.

16. Speaking about their software which allows to weight probabilities of attribution.

15. They note that three alleles which are ‘alien’ were drop off in one duplicate.

14. The biologic method has a ‘consensus’ interpretation and a ‘composite’ interpretation, two ways to interpret the double result.

13. They describe the methods employed, the ‘biologic’ method and the ‘statistic’ method.

12. Absence of any male trace stands out as a feature of the sample (all contributors are females)

11. They extracted two profiles in a duplicate in agreement with experts of all parties

10. Dr Berti says the sample was a low template. They have a strategy to obtain reliable results.

9. Points out that documentation says sample 36i comes from insertion of blade in the handle.

8. Dr. Berti summarizes the recovery of sample in Vecchiotti’s lab.

7. Bongiorno says Sollecito intends to release a spontaneous declaration. He will do that after the experts testimony.

6. Berti and Barni enter the court.

5. Many law students from the Florence school for Magistrates are in court to follow the hearing.

4. Sollecito had managed to enter the courtroom from side entrance eluding photographers. Carlo Torre arrives in court.

3. Giulia Bongiorno & Raff kiss each other. Giulia, Raff & Father have a worried discussion

2. I wonder… will the court withdraw his passport?

1. Raffaele Sollecito is in courtroom. Walking in empty room, few people waiting. Hearing will start 1/2h probably


Second Update

Tweets from Patricia Thomas (AP) and Sabina Castelfranco (AP)

Patricia Thomas ‏@MozzarellaMamma:  RaffaeleSollecito - Amanda Knox and I were very carefree and isolated in our love nest.

Sabina Castelfranco ‏@SCastelfranco:  Sollecito says he is not the assassin he has been described as. Says Amanda was his first love

Patricia Thomas ‏@MozzarellaMamma:  RaffaeleSollecito - I have been described as an assassin. Amanda Knox was my first real love in life

Patricia Thomas ‏@MozzarellaMamma:  RaffaeleSollecito takes stand to make statement, starts complaining about media descriptions of himself


First Update

Tweets from Barbie Nadeau

35. Nov 25 - prosecution; 26 - civil; Dec 16 - Sollectio; 17 - Knox; Jan 9 - rebuttals, 10 deliberation and verdict

34. Dec. 16, 17 closing arguments for Knox and Sollecito

33. Judge closes hearing for day, says closing arguments begin Nov 25, 26, must find December dates to conclude

32. Sollecito finishes by thanking judges for their time, judge tells him he can intervene any time during rest of appeal until they deliberate

31. Sollecito says he hates the fame, how it has hurt him, how it isn’t fair

20. Sollecito says he has a difficult time looking for work, people associate him with the murder of meredith kercher

29. Sollecito says that even on his vacation in Dominican Republic, he had to defend himself like a public figure, his life is judged by all

28. Sollecito repeats twice that he never met Rudy Guede, how nothing in original trial was based on reality.

27. Sollecito takes trip down memory lane, highlights worst parts of trial and incarceration for him, has not mentioned meredith kercher yet

26. RaffaeleSollecito - I feel a persecution. It is a nightmare, beyond all imagination.

25. RaffaeleSollecito—close to tears as he testifies to court “I am fighting every day to bring out the truth” 

24. Jury totally transfixed by sollecito declaration, can’t take their eyes off him

23. Sollecito thanks and defends his family, calls amand knox his first love

22. Judge asks for Sollecito declaration now

21. Judge asks about relevance of kit they used, how old technology was, etc.

20. Judge asks what minimum testing is for validation of DNA, RIS says “at least two”

19. Judge tells Dallavedova he cannot put words in mouth of new expert that were said by previous experts, this is fresh analysis

18. Judge clarifies that RIS was not asked to reanalyze work that has been done, but to test a sample that has not been tested.

17. Dallavedova essentially kicks goal into own net, not doing amanda knox any favors by making RIS defend methods used in original conviction

16. Dallavedova manages to get RIS expert to defend Italian methods, says they are in line with global standards, this was crux of 1st appeal

15. DallaVedova asks about international protocol, backfires slightly b/c RIS expert says he doesn’t want to dis italian methods, are valid too

14. Bongiorno hammers point that international standards in DNA must be followed ([claims]they were not for meredithkercher sample on tip of knife)

13. Jury in new appeal trial for amanda knox; sollecito look totally lost, lots of daydreaming during DNA testimony, nail biting, looking around

12. Bongiorno asks RIS expert specifics of amplification of sample with an eye to trace with meredith kercher DNA that was amplified many times

11. Prosecutor asking for clarification on how samples are tested, how RIS experts are qualified, etc.

10. RIS: DNA testing as important to exclude suspects as to confirm them, in this case no question that amandaknox DNA is on knife, others’ not

9. RIS: testifying about international standards necessary to validate DNA, how they used in their examination of this particular spot on knife

8. Sollecito listening attentively and jotting notes as RIS expert testifies about the knife

7. RIS: the spot they tested on the knife (near handle) matched definitively the DNA of amandaknox in double tests

6. RIS: the spot they tested on the knife did not match meredith kercher or rudy guede or sollecito after double testing

5. RIS: Experts tested spot “H” [?] on the knife (the spot near the handle) for both the victim meredith kercher and suspect

4. RIS: DNA analysis showed no x chromosome, i.e.: no male chromosome in sample they tested on knife

3. RIS: essential in DNA testing to double test samples to validate results

2. RIS expert: explains technical details of testing DNA, how much is needed, how it is tested

1. Judge says he wants to hear from RIS experts first and then sollecito can give his declaration


Initial Post

Well, that first shot from the court at the top sure is a surprise, and maybe bad news for Amanda Knox. Where are Sollecito’s other lawyers, Bongiorno and Maori? Presumably they are off to the side talking. .

Iin tweets Andrea Vogt has mentioned that she is reporting for the BBC and the Associated Press TV; reporters cannot have bigger clients or more global reach than with those two. This is from Andrea Vogt’s website.

Court is now in session. Day will begin with RIS forensic debates. Raffaele Sollecito will make a statement later in the day.

Sollecito arrived in the Florence court of appeals looking relaxed and ready to make his case before the court later in the day. His father, Francesco Sollecito, also appeared visibly happy to have his son back in arms reach, after an extended stay in the Caribbean. A large number of his friends were in the audience.

Forensic experts for the defense Walter Patumi, Carlo Torre and Sarah Gino were also in attendance in preparation for debate on the new DNA evidence tested by the RIS in Rome, specifically, trace 36i on the kitchen knife alleged to be the murder weapon. RIS say the DNA profile is that of Amanda Knox. Arguments today will mostly about how it might have gotten there, with prosecutors attempting to place it in the context of the murder and defense attorneys arguing it could have been transferred during normal domestic use of the utensil.

Next hearings are Nov. 25-26, with a verdict expected in mid-December.



[Compare Knox’s praying hands here with Soellecito’s in the top shot]


Monday, October 28, 2013

Some Hard Truths Sollecito PR Shill Sharlene Martin Omitted In Her Misleading Invite To The Congress

Posted by The TJMK Main Posters





Dear Sharlene Martin:

Please dont say we didnt warn you before. In this notice of a Congressional “briefing” (read: paid highly misleading PR) you once again gloss over a number of hard truths.

You might well be advised to head to higher ground. The US Congress and the Administration will soon be left in no doubt about the correct facts of the case against Sollecito and Knox, as Italian law enforcement start to reach out to their counterparts in the FBI, and as they charge mischief-makers with obstruction of justice in the case, and as more and more reporters in the US and UK media wisen up.

Against your client, this was always a very strong case. And this alone has your client cooked. Here are some other corrections and correct background to the false claims you have just made.

    1) Senator Cantwell was already burned by associating too closely with your radioactive group. She spoke out daffily for Amanda Knox several years ago - and then, duly warned, she went quiet again. Ask her congressional staff for the story to that. And read our past heads-ups for Senator Maria Cantwell here and here.

    2) Your client Raffaele Sollecito wrote the most defamatory and misleading book about an Italian case in many years. Key claims have been repudiated by his own father on Italian TV. As his case is ongoing Sollecito is meant to fight it in the (very fair) Italian courts, not poison public opinion to lean on those courts. Sollecito is being considered for charges of obstruction of justice for the book and much else in the media, and you and the publishers may be charged too.

    3) This is NOT a third trial. It is a re-run of a first appeal. If the very well-run and highly decisive Massei trial of 2009 had been run in the US or UK it is hard to see what grounds if any, any appeal judge would accept for appeal. Your client would be near the end of his sixth year in prison. And it is known that the Hellmann Appeal and the DNA consultancy were both bent by Sollecito’s and Knox’s own teams (corrective measures have been taken with more to come) so the 6-year process is essentially your own team’s fault.

    4) John Douglas’s highly self-serving chapters on the case are among the silliest ever written in a crowded field. The very vain Douglas starts with the totally false premise that Knox was forced to confess after many many hours, and from there on out it is all downhill. He takes a faux position essentially identical to that of Saul Kassin. Read about Kassin’s own spurious and highly self-serving take on Knox’s “forced confession” here and here and here.

    5) Steve Moore lacks the correct expertise to analyse this case and he was never the ace crime scene investigator you claim. A dozen or more posts here show how unreliable and rambling he is. Among other things he appeared on a disastrous panel (with a team almost identical to yours - and an audience that peaked at 35) at Seattle University a couple of years ago. Read what two very astute lawyers thought of his man-in-a-bubble performance here and here.

    6) The hapless Michael Heavey was officially reprimanded for his bizarre intervention in the case. He was also on the disaster of a panel at Seattle University. He has got the basic facts wrong again and again and again. Here he is getting the facts wrong five years ago.  Here is his association with Frank Sforza, a key mis-stater of the key facts of the case and serial defamer of the Italian officials involved, who he was financially supporting - and who now faces three separate trials of his own.

    7) And the hapless John Q Kelly? This is a tough field in which to come out ahead but John Q was perhaps the silliest talking head for Knox and Sollecito on TV. He babbled on in the media about a railroading that never took place. Read how even his own colleagues considered him to have been duped here and here.

A Congressional briefing panel that is not made in heaven, that is for sure. Stay tuned. There is more to come.




Friday, October 25, 2013

Questions For Sollecito: Do You Stand By Your Smear Of Reasonable Doubt In Italian Law?

Posted by The TJMK Main Posters



The Italian Supreme Court is seen here at rear-right with the Vatican in the foreground]


How the tough questions for you only grow, and grow… We have 12 posts already in our questions for Knox series and 11 posts already in our questions for Sollecito series.

We also have increasing confirmation that this thrust is paying off and is helping to meet a widespread felt need in the media. Ask Katie Couric, and Diane Sawyer, and the CNN legal talking heads, and the BBC, and an increasing number of others in the media.

Today’s post returns, certainly not for the last time, to your wildly inaccurate book.

1. What You Wrote in Honor Bound On Reasonable Doubt:

Amond the absurd legal babble in your absurdly titled book Honor Bound this legal babble especially stands out.

The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause. For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.


2. How Lawyer James Raper With Yummi Disagreed

From their post last January before Cassation uttered its final word, which also takes to task Hellmann’s and Zanetti’s interpretation. 

What he is implying (in a manner gratuitously insulting to the intelligence of his compatriots) is that were the above statement not true then he, and Amanda, would have been acquitted in the first instance.

Oh, really?

It seems that we are also being asked to believe that Sollecito and his ghostwriter, Gumbel, are historians of Italian jurisprudence. So, let’s quickly examine what substance there is to the claim.

It will be seen that the concept of “reasonable doubt” is understood well enough in the courts of Italy, though unfortunately less well understood by the former Umbria Appeal Court judges Hellmann and Zanetti.

Not only that but those two judges made pointed remarks at the outset of the appeal also garbling the concept, which were very disturbing. I shall look into that in a moment.

Sollecito‘s remark does have some context but it is wildly inaccurate and unfair. 

We know that the Italian legal system is based on the inquisitorial system common to continental Europe, whereas the anglo-saxons amongst us are used to the adversarial system. It is also true that the specific expression “beyond reasonable doubt” was not introduced into the Italian criminal procedure code until 2006.

It is Article 533 of the Criminal Procedure Code: “The judge pronounces sentence of conviction if the accused is guilty of the offence charged beyond all reasonable doubt.”

Now let me defer to our Italian poster Yummi who can explain the historical context. He writes -

The current Italian system is the result of a procedure code reform introduced in 1989. This reform introduced several features of the adversarial system into a new criminal procedure code. One of the features of the new code was the abolition of the “not proven” verdict. This factually had been working very effectively as the version of “reasonable doubt” in the Italian system.

In an inquisitorial system the court is a council headed by professional judges and it’s task is not just to deliver a verdict, but to deliver a written rationale or dossier aimed to provide “a judicial truth”.  Typically “reasonable doubt” is a formulation coming from systems where juries do not issue a written rationale while systems that have motivation reports on verdicts usually don’t have it: it was commonly agreed that the absence of doubt should be understood from the rationale. Absence of doubt is not a quality that is inherent in the internal conviction of a juror, but instead is understood to be a feature of the logical proof provided by the written rationale. It was believed that the absence of doubt in the judge’s mind should be shown by the fact that a motivation report is logical.

No Italian scholar would ever maintain that the “reasonable doubt” standard is a recent introduction in the Italian system.  Only the acknowledgement of it’s wording is relatively recent.  In the Italian system the formulation “reasonable doubt” was starting to be used explicitly in Supreme Court jurisprudence in the early nineties; a change of wording in honour of the adversarial reforms, but in fact a continuation of the long jurisprudence tradition of the “not proven” standard.”

In fact in the adversarial system “beyond reasonable doubt” is really an instruction to the jurors that they must arrive at a certain evidentiary standard if they are to convict. Any system that would produce a “not proven” verdict would mean that the standard has not been met.

In the adversarial system no written rationale for a verdict is required to accompany the verdict. That the Italian system retains this requirement is very much a safeguard for the accused as well as for the State both being thereby protected from perverse or capricious convictions or acquittals.

Second here is Judge Zanetti at first appeal:

The only certain and undisputed fact is the death of Meredith Kercher.

So said Judge Zanetti on the opening day of the appeal. It was a statement that brought gasps of astonishment from those in court, particularly from the reporters present who deemed it to be an admission that reasonable doubt existed.

In fact, of course, there were a lot of certain and undisputed facts. No one denied that there was evidence, most of it undisputed. What was disputed was the interpretation of that evidence.

That, being so, why did not Zanetti say that? Clearly the remark was injudicious, and cogent only in its intended impact.

What of the Massei Motivations Report one might ask? is it toast?

That remark not only helped to set the tone for the entire appeal - what was said soon after by his senior colleague was even worse. 

Compliance with article 533 of the Code of Criminal Procedure (Judgement of conviction only if the defendant is guilty of the offence complained of beyond a reasonable doubt) does not allow (us) to share fully the decision of the Court of Assize of First Instance.

(In Italian: il rispetto dell’articolo 533 del Codice di procedura penale (pronuncia di condanna soltanto se l’imputato risulta colpevole del reato contestatogli al di la ogni ragionevole dubbio) non consente di condividere totalmente la decisione della Corta d’Assize di primo grado”)

That was said by Judge Hellmann on the third day of the appeal before even the evidentiary and discussion stage had opened. And thanks again to Yummi for the above quote.

It seems that the presiding judge had felt compelled to expand upon his colleague’s stark opening remark but in doing so he had opened a can of worms. He had just made things even worse. Unfortunately the prosecution decided not to challenge the remark and the appeal proceeded. They should have done so.

Article 533 relates to verdict. The verdict (to be) is not to be hinted at or discussed at the opening of any trial or appeal and certainly not as pointedly as this. So serious is this faux pas that I have it on good authority that the prosecution considered impeaching the presiding judge for incompatibility and incompetence. It seems that they did not because of the furore this might have caused and perhaps also because they were confident of the strength of the case in any event. In retrospect a grave mistake.

What in fact was Hellmann saying? Let us consider.

“Compliance with article 533.…..…does not allow us to share fully the decision of the Court of Assize of First Instance.” 

I believe that what we see here is the first indication of the judges’ manifest misunderstanding of what should have been the correct approach to an evaluation of the evidence in the case and the application of the “reasonable doubt” standard.

I do not intend to deal with that in any detail. It is set out cogently in the Galati appeal.

Suffice to say that the “reasonable doubt” standard applies only to the culpability of the accused for the offence with which he/she is charged. Article 533 makes this abundantly clear and this is no different from how our own adversarial system deals with it. It is not a standard to be parcelled out to each item of evidence or inference drawn. That the appeal judges thought they could do (and did) precisely that is implicit in Hellmann’s remark.

How can one not “share fully the decision of the lower court”?

Hellmann could have said that he did not fully share the decisions of the lower court as regards each element of evidence rather than “the decision“, which can only be a reference to the actual verdict. But “the decision” is what he says, linking it specifically to article 533 where only the singular use of the noun would have any meaning. So on the face of it this can only be about the verdict of the lower court. And yet, how can one not fully share a verdict? A verdict cannot be parcelled out. One either agrees or disagrees with it.

Despite it’s manifest inappropriateness, no doubt the remark was meant to acknowledge that there was some doubt about the validity of the verdict in their minds. Well at least that’s honest but in that case, was it not incumbent on them to specify what it was that concerned them? I would have expected that. True, it was already clear that the DNA on the knife and bra clasp, and Curatolo’s credibility, were specific issues, as they had allowed these to be examined, but beyond that there was no disclosure as to what other doubts on the evidence they had in mind. We know now from the Motivations that there were others and what these were ( Quintavalle and the staged break-in, just for example) - and I think it would be pretty disingenuous of them to pretend that they did not exist at the time.

Already one sees elements of confusion, incompetence, mis-procedure, misleading the prosecution and coded messages (for the media and politicians?) to the effect that the appeal judges had already rationalized an acquittal in the appeal.

And if, with their doubts, they had in fact done so then what, pray, was the point of :-

1. Ordering a review of the DNA evidence on the knife and the bra clasp

2. Re-hearing Curatolo

3. Hearing from Aviello and Alessi

……other than that they were seeking that elusive “reasonable” element of doubt.

It is almost as if the entire appeal was tailored to suit and a sham. It certainly looks that way in retrospect, particularly as the element of reasonable doubt still remains elusive on close examination.

Yet it may just be that the appeal judges were just incompetent and that their incompetence (with the incompetent assistance of Conti & Vechiotti) infected the entire proceedings.

We shall see what Cassation thinks of the garbling of this fundamental concept when the prosecution appeal is entertained on 25 March.

3. How The Cassation Motivation Report Also Disagrees

The Supreme Court doesnt buy your smear of Italian law either, though we doubt your book was a hot item there. The concept of “reasonable doubt” was fully respected in the Massei trial where your guilt was firmly established - and the concept was trashed by the unlamented Hellmann & Zanetti.

This is from the Cassation report on the decision to annul the Hellmann appeal.

2.2.3 ‐ Manifest lack of logic and inconsistency in the reasoning in reference to the use of the principle of reasonable doubt in sustaining the order of 18.12.2010. [According to the lawyers for the Civil Parties], the verdict of conviction beyond a reasonable doubt could have been reached even after the outcome of the expert report arranged for in the second instance trial, inasmuch as the examination of the circumstantial evidence ought to have been global and consistent, the hypothetical defect of any one of these being acceptable, provided that the remaining elements were – as they ought to have been deemed – sufficient to reach the required level of certainty, [29] since what is asked of isolated elements of proof being evaluated is that they display the credentials of correspondence with real events, at least with predominant probability. Proof of guilt beyond reasonable doubt can rest on items of circumstantial evidence that are not all equally certain, that is, not all established with the same level of probability.

So, Raffaele Sollecito, you jobless failure in all walks of life: would you care to correct all these fine lawyers?


Tuesday, October 08, 2013

Questions For Sollecito: Why Claim Guede Did It Alone When Vast Evidence Contradicts That?

Posted by Marcello




Problems of your “Guede did it alone” mantra

You seem to be the only one in the known universe still plaintively arguing that Guede alone did it and his traces are all over Meredith’s room.

Actually they aren’t. There are surprisingly few traces in there, and outside Meredith’s door there is only evidence of his prior use of the south bathroom and his shoeprints headed straight for the front door.

Evidence against you is far, far stronger. Explain this if you can about your bloody footprint. Explain this if you can about the evidence of cleanup. Explain this if you can about your contradictory alibis.

Explain if you can why YOUR own witness Luciano Aviello was such a disaster for your side in court last week. Explain your cell phone actions (or non-actions) and the timing and content of your phone calls, and your computer actions (or non actions). Explain why in your book you claim you sent several emails throughout the night; but there zero records of such emails with your email provider.

If your main mantra remains “Guede did it” that will cook you for sure. You could be facing 35 years, with the “mitigating factors” canceled and the new penalties you will incur for your arrogant, dishonest book. .

There are three compelling reasons above all why the Massei court and the Supreme Court will remain totally unbending on the point that Guede did NOT attack Meredith alone, and that it had to be a pack attack on Meredith.

One is the full day of closed court testimony at trial by crime-scene experts from Rome who accounted for every point of evidence in Meredith’s room with a depiction of a 15 minute pack attack involving three people. Your own defense was left essentially speechless.

One is the prosecution’s video shown in closed court during Summations of the recreation of the attack on Meredith, which accounted for every point of evidence with a 15 minute pack attack involving three people. Your own defense was left essentially speechless.

The Massei jury saw both of these presentations (and was visibly moved; several started crying) but the Hellmann jury saw neither.

The third compelling reason is that the entry of an attacker via Filomena’s room is so absolutely unbelievable. Your own defense always knew this, and barely tried to make that sale (hence the witnesses Alessi and Aviello).

There are seven other routes for a burglar to enter the house, all of them faster and quieter and five of them darker. You can see five in these images below: two via the east windows, three up onto the balcony and into the house via the louvre door or the kitchen window.

All seven routes would be obvious to any burglar, long before he walked all the way around the base of the house to beneath Filomena’s window (which he did several times in your scenario). 

On 6 November you have promised to appear in the appeal court in Florence.

You are apparently too nervous to face cross-examination under oath, but you have said you intend to try to explain things. Very well. Please answer for the waiting world these 30-plus questions

Answer all these to prove Guede acted alone

1) Rudy Guede had been to the apartment at least twice already on prior occasions and knew the boys who lived in the lower story. Why did Guede choose to NOT break-in to the lower story where he knew (or could ascertain) that all four boys were away on holiday, and therefore could break-in and rummage with some certainty of not getting caught?

2) Why did Guede choose to break-in to the upper story of the villa when he surely knew Knox and Kercher would be staying at the villa for the holidays and could have returned at any time to “catch him in-the-act”?

3) Why did Guede not check the cottage to make sure no one was there before attempting the break-in? Surely he would have verified that no one was present by circling the cottage and checking if any lights were on in the windows.

4) If Guede did circle the cottage to make sure no one was there before attempting the break-in, why would he then choose the most visible and more difficult path of entry through a second story window, as opposed to the more hidden and easier path of break-in at the back of the villa, which he would have noticed while circling the villa?

5) Why would Guede choose to break-in through a second story window that was highly exposed to the headlights of passing cars on the street as well as exposed to night lighting from the carpark?

6) Ms. Romanelli testified that she had nearly closed the exterior shutters. Assuming her memory is correct, there is no way a burglar could easily verify if the windows were latched and if the inner scuri were latched to the window panes, which would make access to the window latch impractical unless one was armed with a core drill or an ax. Why would Guede, who was certainly familiar with such windows, choose to attempt the break-in through a window that he could not easily verify would allow him quick access?

7) Assuming the shutters were closed, Guede would have to climb up the wall and open the shutters before smashing the window with the rock. The night of the murder, the grass was wet from rain the previous day. Why was there no evidence of disturbed grass or mud on the walls?

8) Guede had Nike sneakers, not rock climbing shoes. How did he manage the climb up the wall with that type of footwear?

9) If the shutters were closed, or somewhat closed, how did Guede manage to lift himself up to the sill with only an inch of sill available to grab onto?

10) Assuming Guede opened the shutters, how did Guede verify if the inner scuri where not latched to the window panes, which would prevent access to the window latch? There was no light inside Ms. Romanelli’s room to reveal that the scuri were ajar.

11) Assuming Guede managed to check that the inner scuro behind the right-hand window was not latched, how did he manage to break the glass with a 9 lb rock with one hand while hanging on to the sill with the other?

12) Assuming Guede managed check that the right-hand inner scuro was not latched, how did he break the glass with the rock without having glass shards fly into his face?

13) If Guede climbed down to the lob the 9 lb rock at the window from 3 meters below, how would he do so to avoid glass shards raining down on him?

14) If Guede climbed down to the lob the rock at the window from below, why would he choose a 9 lb 20 cm wide rock to lob up to a window 3 meters above him, with little chance of striking the window in the correct fashion?

15) If Guede climbed down again and climbed back up to the carpark (up a steep slope with slippery wet grass and weeds) to lob the 9 lb 20 cm wide rock from the car park, why is there no evidence of this second climb down on the walls?

16) Why did Guede choose a 9 lb 20 cm wide rock to throw from the car park, given that a large, heavy rock would be difficult to lob with any precision? Especially considering that the width of the glass in the window pane is only 28 cm wide, surely anyone, experienced or not, would have chosen a smaller, lighter rock to throw with greater precision.

17) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Guede would have been roughly 11-12 feet away from the window, in order for the lob to clear the wood railing at the carpark. If the rock was thrown with some velocity, why is the upper 1/2 of the glass in the window pane intact, without any fracture cracks at all?

18) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Why is there so little damage to the scuro the rock hit, so little damage to the terrazzo flooring impacted by the rock, and so little damage to the rock itself, which surely would have fractured more on impact with a hard terrazzo floor?

19) Why was there no evidence of glass shards found in the grass below the window?

20) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window, how does he manage to hoist himself onto the sill without cutting himself on the glass that was found on the sill?

21) If Guede climbed the wall to open the shutters, hoisted himself onto the sill, tapped the glass with a 9 lb rock to lightly break the glass in a manner more consistent with how the window was broken, why did he throw the rock into the room, rather than let it fall into the grass below?

22) Why was no dirt, grass, muddy shoeprints or similar trace evidence found on the window sill?

23) Why was no dirt, grass, muddy shoeprints or similar trace evidence found in Romanelli’s room?

24) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window again, hoisted himself onto the sill without cutting himself on the glass that was found on the sill, unlatched the window and stepped inside Filomena’s room, how did he manage to get glass on top of Romanelli’s clothing that was found under the window sill?

25) Why would Guede, who would have spent a good 10 minutes trying to break and enter with the climbing up and down from the carpark, waste valuable time throwing clothes from the closet? Why not simply open the closet doors and rifle through the clothes without creating more of mess?

26) Why did he disregard Romanelli’s laptop, which was in plain view?

27) Why did Guede check the closet before checking the drawers of the nightstand, where surely more valuable objects like jewelry would be found?

28) Why were none of the other rooms disturbed during the break-in?

29) Assuming Ms. Kercher arrived to the cottage after Guede’s break-in, presumably when Guede was in the bathroom, why did she not notice the break-in, call the police and run out of the cottage?

30) Assuming Guede was in the bathroom when Ms. Kercher returned, why go to the extent of attacking Ms. Kercher in her room rather than try to sneak out the front door, or through the window he had just broken, to avoid if not identification, at least more serious criminal charges?

31) Assuming Ms. Kercher was at the cottage while Guede broke-in, why did she not call the police the moment she heard the rock crash through the glass, loudly thud to the terrazzo floor and investigate what was happening in Romanelli’s room while Guede was climbing back down from the car park and climbing back up to the window?

32) Assuming Ms. Kercher was at the cottage while Guede broke-in, Guede could have been on the sill already because he had tapped the glass with the 9 lb rock to break it. Therefore perhaps Guede was already partially inside Romanelli’s room when he was discovered by Ms. Kercher. In this case Guede follows Ms. Kercher to her room in an attempt to dissuade her from calling the police and the assault ensues. But then, if this scenario is correct, when does Guede have time to rifle through Romanelli’s clothing and effects?

33) Why is there a luminol revealed footprint in Romanelli’s room that has mixed traces of Knox’s and Kercher’s DNA ?

34) Why does this footprint not match Guede’s foot size?

35) If multiple attackers were required to restain Ms. Kercher, holding her limbs while brandishing two knives and committing sexual violence, then who else was with Guede and why no traces of this 4th (or more) person(s) were found, either in shoeprints, footprints, fingerprints, DNA or otherwise?

36) If Guede and others were involved in the assault, why has Guede not acknolwedged them, and instead consistently hinted that, and finally admitting that Sollecito and Knox were with him during the assault?

37) If Guede and others were involved in the assault, why do the other shoeprints, footprints, DNA traces and fingerprints all point to Knox and Sollecito being present during the assault, in one way or another?


[Five easier ways in: 3 via balcony (note two drainpipes, window grid below), 2 via side windows]










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