All our posts on Amanda Knox

Sunday, May 19, 2013

Contrary To Reported Claim By Amanda Knox There Is Zero “Wave Of Defamation Suits”

Posted by Peter Quennell

No defamation suits have begun. But actually it is WORSE. And Knox would be suicidal to leave her story unchanged.

Bob Barnett and Ted Simon and anyone else presumably trying to give Knox good advice might like to take note. Canada’s National Post is reporting this:

Her book, which earned her an advance of almost $4-million, also risks inflaming Italian public opinion, offending the nation’s judges and triggering a wave of new defamation actions by the police and prosecutors she accuses of framing her.

“People asked me if I would change the book and I said absolutely not … I am not going to change my story just because someone is threatening to sue me but I mean … it sucks. It sucks and it sucks.”

Defamation, slander and libel refer to private, personal, civil suits against other persons who tell a malicious untruth. Knox and Sollecito are not (or not yet) facing anything like that.

Each through their unwise books and interviews has sparked a single investigation by a Chief Prosecutor (in Florence, Verona and Bergamo) into whether they are in contempt of court.

Those who would seek to undermine the due process of the Italian justice system and the proper functioning of the courts (very, very rare now) in this or the associated Monster of Florence case seem to include all of the following:

• The three regional mafias;
• A few defense lawyers and well-funded defendants;
• Politicians shielding corruption;
• In some instances the freemasons.
• Those wanting investigations like MOF/Narducci to drop dead;
• Muckraking magazines like Oggi;
• Some anti-Italy foreigners.

None of them are simply pro-Amanda. All of them have hidden agendas, and all are already under the eye of law enforcement. Fighting institutions that make the public safe can make for strange bedfellows.

It has also especially in Italy led to powerful if usually latent ways to push back. 

If officers of the Italian courts are publicly accused of crimes in the media while a legal process is playing out, and the claims are malicious and untrue, this is not a civil matter (defamation, slander or libel).

It is a criminal matter (in the UK and US too) for which sentences can include long prison terms.

If the officers of the Italian court who are attacked are very senior and have an antimafia role they are REQUIRED BY LAW to request a criminal investigation by a chief prosecutor to take place.

They esentially have no further role themselves except to provide true testimony in court.

A range of measures is then available to investigating chief prosecutors, up to and including invoking the powers of the Council of Magistrates and even the President of the Italian republic. 

Knox and Sollecito both seem to have point-blank accused a number of officers of the court of crimes. In Deputy Prosecutor General Mignini’s case, he has been accused by both of them. The most serious:

• By Sollecito of offering an illegal deal to make him sell out on Knox. Both Mignini and Sollecito’s father categorically stated that this was a criminal lie.


• By Knox of illegally interrogating her about Patrick with no defense lawyer present. But the trial record shows Mignini was not even in the room.

These seem to be about as open-and-shut as contempt of court cases can ever get. “Sollecito and Knox, did you make these false claims or not? Yes or no?”

If the answer is yes, they’ll lose any criminal case in the blink of an eye. Thereafter many private or civil defamation suits can be expected.

Friday, May 17, 2013

Seeds Of Betrayal: In Interview Knox Reveals To Italy Her Considerable Irritation With Sollecito

Posted by The TJMK Main Posters

For some odd reason, Amanda Knox has decided she is not loved enough in Italy.

Could it be because she is widely seen to have lied her way through trial, came across as loud, self-absorbed and callous in her 2009 testimony and court interventions, served three years for framing her her kindly employer, was reported as being just as grubby and tin-eared and sharp-elbowed as ever in prison, slimed Italy though her cohorts in much of the English-language media after her 2011 release, and has now written an illegal blood-money book which once again slams a benign Italy?

In particular it slams the justice system, one of the most popular and trusted institutions in Italy, and its officers of the court, with more proven lies and contradictions with past testimony being unearthed daily. 

Apparently in Knox’s mind it was all really Guede’s and Sollecito’s faults.

It was they who tarnished her image. Here in an interview in the current Oggi (which appears just as in contempt of court as last week’s Oggi article now the subject of a criminal investigation) she sets Italians straight.

Translation here was by our main poster Miriam, who is herself in Italy - and in disgust.

AMANDA KNOX: ITALIANS; WHY DON’T YOU BELIEVE ME?

Amanda Knox answers the phone with a bright voice and no signs of fatigue. Strange. She is a veteran of a promotional tour that would have knocked-out a bison. Her book “Waiting to be heard” is selling like mad [it is?] but it will not be published in Italy: our publishers have a - sound - suspect that it would set off a number of complaints for defamation, and they have decided to not publish it.

“I’m sorry” she says. “The Italians believe that I am full of hate for them, but if they had the opportunity to read my book they would discover that there is not a trace of anger in it. It hurts that so many believe that I am guilty, that I wrote the book out of arrogance, for money. It is not true.” Says Knox venting her frustration.

Following the Cassazione’s decision on March 26 to redo the appeal process - which had absolved Amanda and Rafaele Sollecito - the British publishers also pulled back.

“They asked me if I wanted to postpone the book launch. But it is my turn to talk now, and I do not intend to alter my story just because somebody threatens to sue me.” Amanda is nothing if not pugnacious.  “Compared to how I was before I came to Perugia, I am quieter, even timid. My family is disappointed: the sunny happy Amanda no longer exists.”

Your personality - the way you reacted to Meredith’s death - caused you many problems at the time.

“People involved in a tragedy can react in many different ways, and your behavior can be manipulated to reinforce the idea that you are the one who is guilty.”

What are you referring to?

“To the infamous images taken outside of the small villa on the day Meredith’s lifeless body was found. Those images were cut and obsessively repeated, so as to only show Raffaele and me kissing.” The message was clear: “their friend is dead and all those two think about is kissing.”

What were you feeling at that moment?

“I hadn’t understood what had happened; I had not accepted the fact that Meredith had died in such a terrible way. I felt lost and sad. I was desperately trying to understand. Raffaele kissed me to console me: since I did not speak Italian yet, there was a linguistic barrier between us that prevented us from giving each other verbal support. And then, to re-enforce the strangeness of my behavior, there was the contrast of the cries of my roommate Filomena Romanelli. She is Italian, she had understood. She had seen Meredith’s room, the body, the blood. Not me: I was in total confusion.”

In the book, Honor Bound, Sollecito writes that your behavior that day was “embarassing”

“I don’t think he was embarrassed . I can understand that he would find me “clingy”. I depended on him completely; I was absolutely clingy. However, he knew how they were looking at us, while I hadn’t considered at all how people might have judged us. I was simply reacting in my lost and disoriented way.”

One of the PMs believes that Guede didn’t act alone. Could he have had an accomplice?

“I can only base my opinion on what the prosecution brought to court.”

And?

“They found another person’s DNA in Meredith’s room, a person that has never been identified. A smaller amount of DNA than Rudy’s. There is Guede’s bloody handprint on the wall, his footprint, his DNA on Meredith’s body. This evidence leads me to believe he acted alone.”

John Kercher, Meredith’s dad, maintains that his daughter had studied karate as a child, and that she would have fought to survive. He believes one man would not have been able to subdue her.

“Of course Meredith fought, but what could she have done against an armed man? Rudy is athletic, and is not small. Mez was minute, she maybe weighed 54 kgs, what good could have Karate done her? Even a man if faced against the likes of Guede, armed with a knife, would not have stood a chance.”

How do you explain Rudy’s calm countenance during the trial? Before being arrested he had told a friend - Giacomo Benedetti - on Skye that you and Raffaele had nothing to do with the murder. After being arrested he started accusing you.

“Yes, it is a strange coincidence. I do not know if he changed his story based on his own ideas or those of his lawyers or the prosecution. I only know that after his story changed, the PM began calling him “poor Rudy” to demonstrate how fragile he was, and consequently how easily manipulated by me.”

When and why did you break up with Raffaele?

“When he “broke” my alibi (during a police questioning, Raffaele claimed to not remember if Amanda had left the house the night of the murder, editor’s note.) It was a shock for me.”

“A shock that combined with the fact that we did not communicate for a long time while in prison erased my feelings for him. In prison I had to focus on survival and put love aside.”

Back in Seattle, James Terrano became your boyfriend.

“We had been together in university. While I was in prison, we wrote a lot, but just as friends. When I came back home, we began looking at each other differently.”

Do you live with James?

“No. At first, I lived with a friend (Madison Paxton, who had moved to Perugia to be closer to her, editor’s note) now I live alone. James is often at my place, we’re very close, but we don’t live together.”

Did you see a psychiatrist to get over your prison experience?

“Only once, I started crying and never went back. I talk with my friends and with my family; I don’t need an “external consultant.” Writing the book was extremely helpful; I freed myself of all my anger and my wounds.”

What will you do now?

“I took a break from university to write my book; I’m going to go back and would like to graduate next year. I would also like to write other books, if I can afford do. My financial future is very uncertain.”

But everyone says the advance on the book was fantastic.

“I’ll just say that I still have not been able to meet my first goal: repay my family for all expenses incurred in defending and staying close to me.” (One and a half million dollars, editor’s note)

People have also mentioned a movie.
..
“I’ve heard the same. I don’t know how being on the set would be; perhaps not as terrible as I imagine.”

Is there anything you regret?

“Yes. I regret not having immediately contacted Meredith’s family, of not having expressed my feelings and sorrow to them. At the beginning, perhaps, it would have been possible. It hurts to know that John Kercher believes I’m guilty, and that this belief is based on faulty information. I had hoped that once absolved, the Kerchers would have believed me. But that didn’t happen.

Maybe the new trial will draw out the truth

“That is up to Rudy, but I doubt he will do it.”

In May 2014, Rudy could receive the first permit allowing him to enjoy a few days out of prison.

“That’s crazy. It’s simply insane for them to let a guilty man loose because they refuse to admit they were wrong about me.”

Yes Rudy! What about that? Why did Knox’s own lawyers and the Supreme Court accept that overwhelming evidence proved three people did it?

And why did you say she did it? And why do her own parents believe she did it? How did you accomplish those tricks? Amanda says: speak up.

Thursday, May 16, 2013

The Amanda Knox Trainwreck: A Major Contradiction Between Knox’s Book And Her Trial Testimony

Posted by James Raper

Amanda Knox now faces the prospect of not one but two trials where her claims in the book will become a real minefield to the defense and a major plus for the prosecutions.

If she goes back for the trials she may or may not get up on the stand, but either way she may blow it. If she doesn’t go back, she will indeed blow it in the eyes of the courts and it will be hard to escape guilty verdicts.

This post describes a particularly dangerous part of this minefield which seems quite certain to preoccupy both courts. It is about what actually happened on the 5th November 2007 when Amanda Knox was questioned at the central police station.

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 -

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 could be verified by Patrick. She could have said that.

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 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.

Sunday, May 12, 2013

With First Felony Complaint Against Her Book Filed, Amanda Knox’s Legal Prospects Continue To Slide

Posted by The TJMK Main Posters

[Above: the Palace of Justice in Bergamo where Knox and Sollecito might spend some time]


Knox’s public relations campaign is starting to look very, very odd.

As many of our recent posts have explained, no really GOOD lawyer in Italy would ever allow their clients to put out a provocative book while their legal process is still going on. It hasn’t happened in any other Italian cases in years.

And now in this case it has happened twice.

Sollecito’s book reeked of blood money, arrogance and contempt, it twisted and discounted much of the evidence, made claims which both Sollecito and others had previously contradicted, made accusations of criminal behavior against officers of the court, and separated himself from Knox.

Now guess what?

Despite the fact that Sollecito’s book was promptly dispatched to the Florence and Verona chief prosecutors with stiff contempt-of-court complaints, Knox’s book too reeked of blood money, arrogance and contempt, it too twisted and discounted much of the evidence, it too made claims which both Knox and others had previously contradicted, it too made accusations of criminal behavior against officers of the court, and it separated her from her co-perp.

In each case there was a shadow writer, respectively Andrew Gumbel and Linda Kulman, who seem to have tired early on of the clients, as all their hired help tends to do, and simply copied the FOA playbook into the books with no sources at all checked beyond that narrow group.

To cool-headed and informed people who really know the case, Gumbel’s sources were rather a joke. PR shills Nina Burleigh and Candace Dempsey and Steve Moore? Really?  And Linda Kulman seems to have fallen into the same trap.

This becomes very obvious when you watch the two “authors” at their interviews. They are both hampered and tongue-tied because for the life of them neither can remember what their shadow writers put in the books. Several interviewers have actually caught them out. 

As we knew the Bergamo lawsuit against Oggi and Knox was headed down the pike, we set out what we consider to be the state of play last Friday. It still stands up, but might be embellished just a bit.

First, here is Andrea Vogt’s helpful description of what’s in the Bergamo complaint..

The 8-page complaint is addressed to the Prosecutor’s Office in Bergamo (near Milan), where the headquarters of the magazine are located. It cites as slanderous the suggestion that Knox was illegally interrogated and maintains that there is no trial or investigation documentation supporting a number of “affirmations that were never made.”  Mignini insists Knox was initially heard by him as a witness with key information relevant to the murder of Meredith Kercher, not as a suspect herself.

“Knox never asked for an attorney. She wanted to talk,” Mignini wrote, adding that he did not contest her statements or question her at that time, because she was making a spontaneous declaration regarding Patrick Lumumba’s alleged involvement. [In other words, not about herself.]

The complaint also questions allegations of prison mistreatment and indicates specific persons and neutral institutions as having knowledge on the matter, including the Capanne prison chaplain, U.S. embassy officials, center-right politician Rocco Girlanda and secretary general of the Italy-USA Foundation Corrado Daclon, all of whom visited Knox regularly in prison.

Also contested are phrases reported by Oggi and attributed to Knox’s memoir claiming he had a bizarre past that included a conviction on abuse of office charges that was pending appeal, when in fact he was fully and definitively acquitted of those charges in 2011 by a Florence court. 

Italy’s high court (Cassation) recently agreed with his office’s request to re-open the Monster of Florence/Narducci case, the complaint notes. That decision has lent new credence to his long-running investigation of the suspicious 1985 death of a Perugian doctor who some investigators believe was involved (Italy’s Cassation Court in March also ordered Mario Spezi, co-author of the Monster of Florence bestseller, to stand trial for allegedly attempting to pin the blame on another man).

While the targets of the suit are stated to be Oggi and Amanda Knox and her publishers, the REAL target appears set to be the FOA playbook as set out in Amanda Knox’s book. And for that matter in Raffaele Sollecito’s book.

The first complainant (there are expected to be others) Giuliano Mignini has advanced a request for a formidable slate of witnesses, which could come to include even the lawyers for Sollecito and Knox.

Won’t that be fun. As they are interrogated on the stand, each witness is going to have to take a position on what crazy stuff the FOA have pushed into the books.

Did the prosecutor offer Sollecito an illegal deal or not? Did Knox get interrogated about Patrick by the prosecutor while denying her a lawyer or not?  Did Knox complain to her lawyers about conditions in prison and if so why do those lawyers and so many others say she did not?

And maybe fifty more sudden-death choices like the above. Gee thanks Oggi and Amanda Knox. This could set some facts straight, in front of the whole world.

(2) The Oggi Article Which Conveys To Italy Knox’s Claims Of Crimes: Our Own Rebuttals

Posted by The TJMK Main Posters

[Umberto Brindani, editor of Oggi, a Mario Spezi ally, being sued for publishing Knox’s claims in Italy]


The decision of Amanda Knox and her lawyers and publishers to FLAUNT her claims in Italy was seriously ill advised.

It has opened up a fast-track way for those many she attacks to put the real truths in front of the world. Almost nobody will be immune from being required to testify by the court, her own lawyers included. 

Here are our own quick rebuttals of the claims Oggi specifically flaunted to Italy in its cooked-up review.

• Knox was NOT interrogated for days and nights. She was put under no pressure in her witness interview except by Sollecito who had just called their latest alibi “a pack of lies”.


• Knox WAS officially investigated in depth, after she surprisingly “confessed” and placed herself and Patrick at the scene. Prior to that she’d been interviewed less than some others, who each had one consistent alibi.


• Far from Knox being denied a lawyer, proceedings were stopped until in a later hearing she was formally warned she needed one; she signed a confirmation in front of witnesses.


• Prosecutor Mignini who Knox accuses of telling her a lawyer would hurt her prospects when she claims she asked for one was not even in the room at that interview.


• She was not prohibited from going to the bathroom. At trial, she testified she was treated well and offered refreshments. Her lawyers confirmed this was so.


• She was not given smacks by anyone. Over a dozen witnesses testified that she was treated well, broke spontaneously, and thereafter was hard to stop talking.


• There is no evidence whatsoever that Knox was subject to “something similar to torture” and as mentioned above only Sollecito applied any pressure.


• There is nothing “suicidal” about returning to Italy to defend herself at the new appeal. She risks an international arrest warrant and extradition if she doesn’t.


• There is no proof except her own claims of sexual molestations in prison; and she stands out for an extreme willingness to talk and write about sex.


• Many people have testified she was treated well in prison: her own lawyers, a member of parliament, and visitors from the US Embassy were among them.


• She may have based her account on her diaries and “prodigious memory” but the obviously false accusation against the prosecutor suggests much was made up.


• The investigators had a great deal of evidence in hand, not nothing, and they were not ever faulted for any action; they helped put on a formidable case at trial.


• “Police and Italian justice work with such incompetence, ferocity, and disdain for the truth” is contradicted by a very complete record praised by the Supreme Court.


• Mr Mignini has NO bizarre past at all. He is widely known to be careful and fair. He would not have been just promoted to first Deputy Prosecutor General otherwise.


• He was put on trial by a rogue prosecutor desperate to protect his own back from Mignini’s investigations; the Supreme Court has killed the trumped up case dead.


• There was nothing “mysterious” about Knox being taken to the crime scene to see if any knives were gone, but her little dance when she arrived really was very “mysterious”.


• Knox never thought she was in prison for her own protection; she had signed an agreement at the 5:00 am interview confirming she did know why she was being held.


• Monica Napoleoni did not “bluff” that Sollecito had just trashed their joint alibi; he did so, because his phone records incriminated him; he agreed to that in writing.


• There was no crescendo of “yelling and intimidations that lasts from 11 at night until 5.45”. There were two relatively brief interviews and Knox did much of the talking.


• There was no legal requirement to record the interviews, no recording has “gone missing” and many officers present testified to a single “truth” about what happened. 

(1) The Oggi Article Which Conveys To Italy Knox’s Claims Of Crimes Committed By Court Officials

Posted by The TJMK Main Posters

[Bergamo north-east of Milan, one of the prettier cities in Europe, where Oggi has its headquarters]


The popular Italian magazine Oggi was sent a review copy of Knox’s book from the United States. 

Oggi has been a frequent vehicle for the Knox entourage version of events, and it has carried a number of lurid pro-Knox splashes. The magazine has a history of nasty jabs at prosecution and police, who as career civil servants have few ways of explaining their side.

Oggi’s blind and unchecked endorsement of the “facts’ in Knox’s book is already (see next post) the subject of a lawsuit which was filed Friday in Bergamo, where Oggi has its headquarters.

Knox is also expected to be investigated for contempt of court. Her book carries at least one no-contest false accusation of a crime: Knox claims the much respected Prosecutor Mignini illegally interrogated her without a lawyer and attempted to make her definitively accuse Patrick Lumumba. This is repeated below.

In fact Mr Mignini was not even there.  Translation of the Oggi piece is by our main poster Catnip. Passages we know to be inaccurate are underlined.

Amanda Knox: The American girl’s sensational story

Chilling. No other adjectives come to mind after having read Waiting to be Heard, finally released in the United States. An extremely detailed and very serious charge against the police and magistrates who conducted the investigation into the murder of Meredith Kercher.

Immediately after the crime, Amanda recounts, and for entire days and nights, they had interrogated the American girl and placed her under pressure to make her confess to a non-existent truth, without officially investigating her, denying her the assistance of a lawyer, telling her lies, even prohibiting her from going to the bathroom and giving her smacks so as to make her sign a confession clearly extorted with something similar to torture.

And now the situation is very simple. There are only two choices: either Amanda is writing lies, and as a consequence the police officers and magistrates are going to have to sue her for defamation; or else she is telling the truth, and so they are going to have to go, not without being sanctioned by the CSM [the magistrates’ governing body] and the top brass of the Police. The third possibility, which is to pretend that nothing has happened, would be shameful for the credibility of our judicial system.

Amanda Knox has written her Waiting to be Heard memoir with the sense of revulsion and of relief of someone who has escaped by a hair’s breadth from a legal disaster, but has got her sums wrong. Cassation has decided that the proceedings have to be redone and the hearings should be (re)commencing in October before the Florence Court of Appeal.

In a USA Today interview, Ms Knox has not excluded the possibility of “returning to Italy to face this battle too”, but it would be a suicidal decision: it’s likely that the appeal will result in a conviction, and the Seattle girl will end up in the black hole from which she has already spent 1,427 days.

In this way Waiting to be Heard risks being the “film” on which Amanda’s last words are recorded about the Mystery of Perugia, her definitive version.

We have read a review copy. And we were dumbfounded. Waiting to be Heard is a diary that has the frenetic pace of a thriller, written in a dry prose (behind the scenes is the hand of Linda Kulman, a journalist at the Huffington Post), even “promoted” by Michiko Kakutani, long-time literary critic at the New York Times.

The most interesting part does not concern the Raffaele Sollecito love story (which Amanda reduces it to puppy love: “With the feeling, in hindsight, I knew that he… that we were still immature, more in love with love than with each other”), and whoever goes looking for salacious details about the three Italian boys Amanda had casual sex with, one night stands, will be frustrated (Ms Knox describes those enounters with the nonchalance of an entomologist disappointed with his experiments: “We undressed, we had sex, I got dressed again with a sense of empitness”).

There are no scoops about the night of the murder and even the many vicissitudes endured during the 34,248 hours spent in Capanne prison – the sexual molestations suffered under two guards, the unexpected kiss planted by a bisexual cellmate, the threats made by another two prisoners – remain on the backdrop, like colourful notations.

Because what is striking and upsetting, in the book, is the minute descriptions, based on her own diaries, on the case documents and on a prodigious memory, of how Ms Knox had been incriminated (or “nailed”).

COME IN KAFKA. A Kafkian account in which the extraordinary naivety of Amanda (the word naïve, ingénue, is the one which recurs most often in the 457 pages of the book) mixes with the strepitous wickedness of the investigators decided on “following a cold and irrational trail because they had nothing better in hand”.

Devour the first 14 chapters and ask yourself: is it possible that the Police and Italian justice work with such incompetence, ferocity, and disdain for the truth? You place yourself in her situation and you scare yourself: If it happened to me? You’re in two minds: is it a likely accusation, or a squalid calumny, the version of Amanda?

Because in reading it you discover that in the four days following the discovery of Meredith Kercher’s body (on 2 November 2007), Amanda was interrogated continuously, and without the least of procedural guarantees [=due process].

She changes status from witness to suspect without being aware of it.” No one had told me my rights, no one had told me that I could remain silent”, she writes. When she asked if she had the right to a lawyer, the Public Prosecutor, Giuliano Mignini, had responded like this: “No, no, that will only worsen things: it would mean that you don’t want to help us”. Thus, the Public Prosecutor, Giuliano Mignini.

For a long period of time, Ms Knox, who at the time spoke and understood hardly any Italian at all, mistook him for the Mayor of Perugia, come to the police station to help her.

Then, with the passage of time and of the pages, the assessment changes: Mignini is a prosecutor “with a bizarre past”, investigated for abuse of office (he was convicted at first instance, but Cassation annulled the verdict on the grounds of lack of jurisdiction: the case will be held in Torino – ndr) and with the hunger to fabricate “strange stories to solve his cases”.

Mignini “is a madman who considers his career more important than my liberty or the truth about the killing of Meredith”. On the phone, the Perugian prosecutor reacts with aplomb: “First I will read the book and then I will consider it. Certainly, if it really calls me ‘mad’ or worse, I think I will file suit”.

BEING IN PRISON IS LIKE CAMPING Amanda goes looking. When the officers mysteriously bring her along to the crime scene inspection of the apartment below the one in which she and Meredith were living in, Ms Knox put on the shoe protectors and the white forensics gloves and called out Ta-dah! spreading her arms “as if I was at the start of a musical: I wanted to appear helpful”.

When they dragged her in handcuffs into Capanne Prison, she believed what the Police would have told her, and that was they would hide her for a couple of days to protect her (from the true killer, one presumes) and for unspecified bureaucratic reasons. “In my head I was camping: ‘This won’t last more than a week in the mountains’, I told myself,” writes Amanda.

They take her money off her, and her credit cards, licence and passport, and she draws strength from repeating to herself that “surely they’re not going to give me a uniform, seeing that I’m a special case and that I’ll be here for only a little while”.

But it’s the account of the notorious interrogation that takes the breath away. Around ten in the evening on her last day of freedom, Ms Knox accompanies Raffaele to the police station (he was called in, also without a lawyer, by the Police) and is thrown into a nightmare which she populates with many faces: there is Officer Rita Ficcara, who gives her two cuffs on the head (“To help you remember,” she would say); there’s another officer who advises her: “If you don’t help us, you’ll end up in prison for 30 years”; Mignini arrives and advises her not to call a lawyer; super-policewoman Monica Napoleoni dives in and bluffs: “Sollecito has dropped your alibi: he says that on the night of the murder you had left his apartment and that you had told him to lie to ‘cover you’”.

And a crescendo of yelling and intimidations that lasts from 11 at night until 5.45 in the morning. Seven hours “produce” two confessions that, exactly because they are made without a defence lawyer, cannot be used in the proceedings, but forever after “stain” the image of the accused Knox: Amanda places herself at the scene of the crime and accuses Patrick Lumumba.

RAFFAELE CONFIRMS THE ACCUSATIONS An account of the horror is confirmed by Sollecito in his memoir, Honor Bound, Raffaele writes of having heard “the police yelling at Amanda and then the cries and sobs of my girl, who was yelling ‘Help!’ in Italian in the other room”, and of having being threatened in his turn (“If you try to get up and go, I’ll punch you till you’ll bleed and I’ll kill you. I’ll leave you in a pool of blood”, another officer had whispered to him).

Published lines which have passed right under the radar of the Perugian investigators: “No legal action [against the interrogators] has been notified to us,” Franco Sollecito, Raffaele’s dad, tell us. For having recounted the sourness of her interrogation in court, Amanda was investigated for calunnia: the trial will take place in Florence. This one, too, will be a circumstantial case: it’s the word of two young people against that of the public prosecutor and the police.

The recording of the interrogation would have unveiled which side the truth stands on. But it has gone missing.

Friday, May 10, 2013

For Multiple False Accusations Against Court Officials Knox Book Is Expected To Be Ordered Withdrawn

Posted by The TJMK Main Posters

[From the Dec 2008 NBC Dateline in which all interviewed concluded the two had cooked themselves]


A judicial order is understood to be imminent to require HarperCollins to withdraw the Knox book from all markets in Europe.

The exceptions are the UK or Italy because the publishers wisely tried to stay below the radar there. As for the US? The American arm of the publishers (wholly owned by Rupert Murdoch’s News Corps, both based in New York), would be left with little reason to fight. The First Amendment provides no automatic right to defame. 

The Knox book is not selling very well in the US, despite a media blitz, and sales are unlikely to perk up from now on. Revenues are probably far below costs. And Knox is increasingly unable to parrot what her ghost writer put in the book - Raffaele Sollecito ran into the exact same problem.

In the post below this one, one of the most serious of the false accusations is described. Lawyers are shaking their heads at the unbelievable stupidity of that inclusion. Did Robert Barnett and Ted Simon and the defense lawyers and publishers’ lawyers have any real clue about events?

Let us review where things stand.

BAD PR takes a position 180 degrees opposite to the truth and almost invariably fails to apply any lipstick to the pig.  GOOD PR takes a position 5 degrees from the truth and often eventually succeeds.

RS’s and AK’s books both took the 180 degree approach, the “dont believe your lying eyes” approach, the Wizard of Oz approach, the nuclear war approach.

This now looks like really, really bad PR and no legal common sense at all.

This may have worked in temporary small ways in the US, though the movement has still not captured any big politician or big lawyer willing to head the parade. The Departments of State and Justice, very well informed on the case prior to the book,  are noticeably cold.

It only gets worse.

• In each case some money was made, but now all of that is at risk, in compensation to the victim’s family and in fines by the Italian state.


• In each case it will be a legal and public opinion disaster for the two and their support teams at the pending new appeal in Florence.


• In each case, their books had the stink of blood money; that is widely despised both in Italy and in the United States and has rarely turned out to be a good thing (ask OJ).


• In each case, the very existence of the book as an attempt to rain public hostility on the court during an ongoing legal process is a contempt of the court.


• In each case, the book contained myriad small mistakes and smears as we have been showing with Sollecitos book and have now begun with Knox’s. (See the links in left column.)


• In each case, the book contained one huge defamatory lie which might end up costing each of them years in prison.

In Sollecito’s book it was that the prosecution tried to force on him a deal to roll over on Knox, claiming there was no “real” evidence on him - but stacks of evidence in Knox’s case (gee thanks Sollecito).

In Knox’s case it was this absurd lie described below that Prosecutor Mignini illegally tried to talk Knox into firmly framing Patrick Lumumba.

In Sollecito’s case the book was almost instantly ripped apart on Italian national TV in the #1 crime talk show Porta a Porta with Sollecito’s dad seen squirming throughout the show.

Subsequently Sollecito’s own lawyer Maori had to come out publicly and renounce RS’s claim to the media - it was either that, or Bongiorno and Maori would have been dead certs for prosecution themselves. They were credited with helping to write the book.

Expect the same from Knox’s lawyers. In many places Knox drops them in it, and she describes Dalla Vedova in particular as performing various unethical and possibly illegal actions.

Thereafter in Sollecito’s case there was a drip-drip-drip phase in the Italian media. Yummi captured it really well in this in-depth post and it is worth reading again because for Knox we will likely see it repeated for the same reasons:

Then in RS’s case we had the two developments described here: (1) the complaints against him briefly going public and being widely reported, and (2) then being yanked behind the scenes by the Florence chief prosecutor, where they will be investigated for the next 3-4 months.

Even in the remote chance that the Florence appeal court declares Sollecito not guilty of Meredith’s murder (and he has now stacked more evidence against him, as has Knox), for falsely accusing court officials who handle mafia cases and have special protections he could still face up to ten years.

Sollecito’s lawyers and family and he himself are now all seriously off their game, and seemingly doing no more talking. Sollecito seems to be attempting to set up an escape route through Switzerland. Good luck with that.

Knox’s book now places her in the same position. In fact maybe worse. Two countries have been set at loggerheads by the private practice of foreign policy here. The complaint can therefore be pushed up further, to the powerful Council of Magistrates or even the President of the Republic.

And at that point, the complaint could be shared with the US Departments of State and Justice and the FBI. If that happens no official in the US, such as a judge deciding on an extradition request, would go to bat for Knox.

Knox seems cooked. By her own hands. Or those of the exploitative bunch around her.

Thursday, May 09, 2013

The Amanda Knox Trainwreck: Knox Invents An Illegal Interrogation By Mignini That Never Took Place

Posted by The TJMK Main Posters

[The Perugia Central Police Station where Knox’s imaginary interrogation “took place”]


It is hard to imagine a more extreme form of contempt of court than Knox falsely accusing a respected prosecutor of interrogating her without her lawyer being present.

For this alone, Knox will certainly be investigated and charged. No wonder she is “scared” of returning to Italy. Apart from fears of getting up on the stand, she has falsely accused way too many people. 

1. What actually happened at Knox’s witness and suspect interviews:

Here is the true account, which has many witnesses, and then her account in the book, which has none.

Before 3:00 AM on 6 November 2007 the respected senior prosecutor Giuliano Mignini had barely set eyes on Amanda Knox.

At that point in time, she had just passed through a purely voluntary witness questioning with the police, who were actually much further ahead in questioning Sollecito and Knox’s flatmates and Meredith’s English friends.

Mignini was on duty in the central police station that night, which is how quite by chance he came face to face with Knox that night.

Knox’s latest alibi had just been collapsed in another witness interview room. Sollecito had collapsed their joint alibi almost instantly when shown phone records that proved he had just lied. He then declared their current alibi to be a pack of lies.

Told of this, Knox then floundered for a new explanation, turning finally to fingering her employer Patrick Lumumba who the police did not even know to exist until her phone record showed he did.

Police took down that statement, Knox signed it, and this at 3:00 am was the state of play.

Knox was in a waiting room and not under arrest. Mignini was required to warn Knox of her rights as a new suspect, and to warn her to do no further talking to him or anyone else around without a lawyer present.

This was especially so as Knox was inclining to babble on and on and officers were trying to calm her down. As the police had just found (and as her own lawyers later found) she can prove very difficult to stop.

This relatively brief meeting (in which Mignini made quite clear who he was, witnesses confirm) was extended to allow Knox to fine-tune her accusation of Patrick. Prior to this, Knox to Mignini was simply one of a whole lot of people who might be of interest, nothing more.

This interrogation quoted from Knox’s book below is already attracting serious attention in Italy. Why? Because its just not her babbley tone, and because it never even took place.

2. Knox’s invented version of the witness interview which never happened

Amanda Knox, Waiting To Be Heard, HarperCollins, Pages 90-92

[Description is of the end of Knox’s voluntary witness interview with police which Mignini did not attend; the most damaging claims are in bold]

Eventually they told me the pubblico ministero would be coming in.

I didn’t know this translated as prosecutor, or that this was the magistrate that Rita Ficarra had been referring to a few days earlier when she said they’d have to wait to see what he said, to see if I could go to Germany.

I thought the “public minister” was the mayor or someone in a similarly high “public” position in the town and that somehow he would help me.

They said, “You need to talk to the pubblico ministero about what you remember.”

I told them, “I don’t feel like this is remembering. I’m really confused right now.” I even told them, “I don’t remember this. I can imagine this happening, and I’m not sure if it’s a memory or if I’m making this up, but this is what’s coming to mind and I don’t know. I just don’t know.”

They said, “Your memories will come back. It’s the truth. Just wait and your memories will come back.”

The pubblico ministero came in.

Before he started questioning me, I said, “Look, I’m really confused, and I don’t know what I’m remembering, and it doesn’t seem right.”

One of the other police officers said, “We’ll work through it.”

Despite the emotional sieve I’d just been squeezed through, it occurred to me that I was a witness and this was official testimony, that maybe I should have a lawyer. “Do I need a lawyer?” I asked.

He said, “No, no, that will only make it worse. It will make it seem like you don’t want to help us.”

It was a much more solemn, official affair than my earlier questioning had been, though the pubblico ministero was asking me the same questions as before: “What happened? What did you see?”

I said, “I didn’t see anything.”

“What do you mean you didn’t see anything? When did you meet him?”

“I don’t know,” I said.

“Where did you meet him?”

“I think by the basketball court.” I had imagined the basketball court in Piazza Grimana, just across the street from the University for Foreigners.

“I have an image of the basketball court in Piazza Grimana near my house.”

“What was he wearing?”

“I don’t know.”

“Was he wearing a jacket?”

“I think so.”

“What color was it?”

“I think it was brown.”

“What did he do?”

“I don’t know.”

“What do you mean you don’t know?”

“I’m confused!”

“Are you scared of him?”

“I guess.”

I felt as if I were almost in a trance. The pubblico ministero led me through the scenario, and I meekly agreed to his suggestions.

“This is what happened, right? You met him?”

“I guess so.”

“Where did you meet?”

“I don’t know. I guess at the basketball court.”

“You went to the house?”

“I guess so.”

“Was Meredith in the house?”

“I don’t remember.”

“Did Patrick go in there?”

“I don’t know, I guess so.”

“Where were you?”

“I don’t know. I guess in the kitchen.”

“Did you hear Meredith screaming?”

“I don’t know.”

“How could you not hear Meredith screaming?”

“I don’t know. Maybe I covered my ears. I don’t know, I don’t know if I’m just imagining this. I’m trying to remember, and you’re telling me I need to remember, but I don’t know. This doesn’t feel right.”

He said, “No, remember. Remember what happened.”

“I don’t know.”

At that moment, with the pubblico ministero raining questions down on me, I covered my ears so I could drown him out.

He said, “Did you hear her scream?”

I said, “I think so.”

My account was written up in Italian and he said, “This is what we wrote down. Sign it.”

To repeat, Mignini was not even present at the midnight interrogation of Knox by the police, and he certainly never edged her into fingering Lumumba as is being cliamed here. Knox herself did that by herself with the police.

And she did it again and again. Emphatically.


[Dalla Vedova and Ghirga: did they illegally allow Knox to commit serious felonies in the book?]

Friday, May 03, 2013

The Amanda Knox Trainwreck: How TV And Book Suggest Knox Is Increasingly Far From Facing Reality

Posted by SeekingUnderstanding

Amateurism run amoke is what the unprecedented and unwise Knox extravaganza is starting to look like. 

Several TJMK posts below this one have already suggested that the book was rushed into print with very little fact-checking, with no restraint on damaging false accusations,  and with no strategic legal considerations.

The same thing seems to have happened with the TV appearances.

Knox had a year and a quarter under wraps to prepare herself and yet her many exaggerated and over-emotional TV claims contradict many things SHE HERSELF has said previously.

She seems to have been rehearsed by handlers with little or no grasp of the extensive fact record.

And where has all this amateurism left her? Open to slow erosion of her credibility by an increasing number of commentators while considerably upping her peril in Italy.

Because many of her claims falsely accuse officers of the court, she could be further indicted for contempt of court, and she could see the five years which was lopped off her sentence by Judge Massei for “mitigating circumstances” reinstated.

Those of us with psychology credentials may not have all been expecting the same thing from Knox when she finally surfaced. But none of us expected to be confronted so forcefully with a classic case of a personality in turmoil.

My first impression after getting through to the end of the book was that it shows such serious disturbance psychologically, so much being revealed in her own words.

It wouldn’t be possible to classify AK as clinically insane, the niceties of this being so precise - but an abnormal mind is clearly illustrated. So clear that it is actually sad - that she has been allowed and encouraged to do this.

The ghost writing, or/and her own expression is also painful to read in terms of quality of writing. These are the main points that have emerged for me, from a psychological perspective, after reading:

AK’s grip on reality (even without drugs) is tragically lacking. It seems that she doesn’t know what a ‘fact’ is. Every fact and event is seen through a lens of her own feeling or emotion - logical connection being absent - together with how she believes it is best to make it appear.

‘Her “best truth” is this over and over again. She doesn’t even understand that this is considered by normal minds to be lying. She doesn’t seem to have a concept of lying.

• “their version of reality was taking over”... Does reality only come in versions?


• “something didn’t feel right. it seemed made up”.  Does she not know?

AK continually refers to herself as “different”. She is, but not for the curious or trivial things she believes. She is also obsessively concerned to be seen and classified as a “good person”. This comes up over and over.

“I didnt want them to think I was a bad person”. Note, not: “I didn’t want to BE a bad person” but always “how will people think of me”. This is a continual theme. “I couldn’t believe anyone could think that of me”.

It does show a dissociative and non-integrated personality, with both deep roots and serious implications.  There are also indications that she is unable to ‘read’ people’s faces /expressions with any accuracy. (Emotion recognition).

A more sinister and disturbing facet to her personality connected to the above, which comes through in every chapter, is the automatic disparagement of anyone who displeases her (which of course happens frequently - whenever, in fact, someone has a different version to ‘her best truth’).

Someone is then ‘useless’, ‘betraying me’, ‘stupid’, etc etc. These words are all said matter-of-factly…. as if they really are facts.  Here are some more of these words, peppered within the text:

• ‘Repellant, self-serving’, ‘hostile’, ‘insincere’, ‘abandoned (me)’, ‘uninterested’, ‘aggressive’, ‘spiteful’, ‘curt’, ‘disdainful’


• ‘Old perv…lecherous’, ‘glared cruelly’, ‘idiotic’, ‘insidious’, ‘controlling’, ‘condescending’, ‘mean’, ‘hateful’, ‘ruthless’....

Note that it is not that AK finds these people to be these things, in her opinion- it is that they ARE these things.

The sub-text is: I am a good person, and they, having displeased or disagreed with me, are ‘bad’. Thus the mechanism for strong, unrestrained projection is at work.

Example: “The police couldn’t bear to admit they were wrong.”  Could she, though?

Her projections are so blatant, that I quake for her lack of self-awareness. I used to read literature as a window into self-awareness, insight, philosophical depths, and questions of morality.

Sadly this book is about as far from offering these as one could go. A PR machine missile is not a ‘book’ in the sense I used to know.

AK reveals a very strong inner anger, the control of which is difficult, and which it would seem she is frightened of, and frightened of revealing.

She would also seem to be based in a passive aggressive stance, which gives rise to a side seen as nice and even gentle. These two sides seem badly split.

This would be in keeping with the Envy hypothesis (I refer to Melanie Klein’s ‘Envy and Gratitude’). There are a few definite examples of the consuming anger which Amanda herself describes graphically.

She continually justifies it, also. Sometimes, of course, anger may be justified (‘just anger’) but as described here it is nearer to a rage or a tantrum when things aren’t going according to how she wants them to.

This speaks of manipulation, which would be part of the same profile, and is essentially destructive and spoiling, as well as something that wells up with a will of its own.

She often exposes her state of mind in certain phrases, without realising the implications of what she is saying. This is why I think the whole thing is so sad, as she has been used (seemingly mainly for money) in this foolish venture.

For example: “In that instant I snapped.” when the detective said “you know who killed Meredith.” It wasn’t the pressure/abuse from the police that made her snap, it was being confronted with the truth.

NOT her ‘best truth,’ but one that was simply unbearable to hear.  There are many other examples, littered throughout the book, of some of her inner chaos:

• “This is my own fault. I caused the confusion”


• “I wanted to disappear.  I didn’t want to be me anymore”.


• “I didn’t know if I was allowed to keep my thoughts private…”


• “Like a roller coaster ride….can’t get off. This is all my own fault”
.

• ” I was furious for putting myself in this situation”.


• Rafaelle - “He didn’t look at me. I wondered if he hated me”.  (Why should he?)


• “We want justice. But against who? We all want to know, but we all don’t.”

There are many others.  Amanda Knox said she loved Italy and I believe her. With adjustment she could have been a lot happier there than she perhaps ever was in Seattle. Now she is in the position of demonizing Italy and its good people there, and in the worst possible way.

Italy was in fact very kind to Amanda Knox, and her treatment there was on the right lines to give her hope of enduring stability. What a pity that dirty PR and legal tricks and money grubbing may have pushed that out of sight forever.

Thursday, May 02, 2013

The Amanda Knox Trainwreck: Good Reporters Start To Surface Amanda Knox’s False Claims In Droves

Posted by The TJMK Main Posters

[American Ambassador to Italy David Thorne whose reports contradict Knox’s prison claims]

Did ANYBODY think to check Knox’s book for criminal defamations and false claims? Take this glaring “mistake” from page 248.

During the rebuttals, on December 3, each lawyer was given a half hour to counter the closing arguments made over the past two weeks. Speaking for me, Maria criticized Mignini for portraying Meredith as a saint and me as a devil

Really? Prosecutor Mignini said that? So why did the entire media corps report that it was said by Patrick Lumumba’s lawyer Carlo Pacelli? As the BBC reported:

[Mr Pacelli] added: “Who is the real Amanda Knox? Is it the one we see before us here, simple water and soap, the angelic St Maria Goretti?”

“Or is she really a she-devil, a diabolical person focused on sex, drugs and alcohol, living life to the extreme and borderline - is this the Amanda Knox of 1 November 2007?”

So even Mr Pacelli didnt compare Knox to Meredith, or simply call Knox a she-devil to her face. He asked rhetorically if she was a she-devil or a saint. Not exactly unheard of in American courts.

And remember he was addressing someone who would have been quite happy to see Patrick put away for life, cost him two weeks in a cell, entangled her own mother in a cover-up, destroyed Patrick’s business and reputation world-wide, still hasnt paid him money owed, and for lying about him served three years.

Prosecutor Mignini in fact never called Knox anything at all. We can find no record that he did. Again and again he has denied it. And he had no personal need to prosecute Knox, and certainly no need to frame her, despite many pages Knox devotes to trying to prove the reckless claim that he did.

Another false claim: Knox’s claim that Prosecutor Mignini invented the notion of a satanic cult to explain the Monster of Florence murders, also made by Sollecito, is totally untrue. 

Dozens of others had suspected and talked about a satanic cult for YEARS before he investigated one loose end in the case. And both that theory and that investigation are back on track - at the recent order of the Supreme Court.

Another false claim: Knox devotes pages to trying to make herself look good on the witness stand at the trial. But Italians who could follow in Italian in real-time ended up suspecting and despising her performance up there.  Read what they saw here and here.

Inspired by such conspicuous false claims as these, various reporters have begun to dig. We posted on Knox’s false claims about her prison time and the many disproofs. Italy-based reporter Andrea Vogt uncovers some more.

Knox’s memoir is a vivid personal account of the difficulties of prison life in Italy, complete with claims about inappropriate behaviour by staff. But Knox herself once painted a different picture.

Other documents - including writings Knox penned in her own hand while incarcerated, case files and state department records - conjure up quite another impression of a very different Knox, one who was more sanguine about her experience.

On the attitudes of the prison staff

“The prison staff are really nice,” wrote Knox in her personal prison diary, which was eventually published in Italy under the title Amanda and the Others.

“They check in to make sure I’m okay very often and are very gentle with me. I don’t like the police as much, though they were nice to me in the end, but only because I had named someone for them, when I was very scared and confused.”

She described Italian prisons as “pretty swell”, with a library, a television in her room, a bathroom and a reading lamp. No-one had beaten her up, she wrote, and one guard gave her a pep talk when she was crying in her cell.

Unlike the heavily-edited memoir, these are phrases she handwrote herself, complete with strike-outs, flowery doodles, peace signs and Beatles lyrics.

On the positive HIV result she was given

Both accounts also refer to the devastating but erroneous news from the prison doctor that she had tested positive for HIV, although her diary presents a more relaxed person at this point. “First of all, the guy told me not to worry, it could be a mistake, they’re going to take a second test next week.”

We also know that it was Knox’s own lawyers who leaked the HIV report and list of sex partners. Not the doctor or anyone else. No malice was intended, that is clear, despite her claims.

On her framing of her kindly employer Lumumba

[Knox] writes that she had a flashback to the interrogation, when she felt coerced into a false accusation. “I was weak and terrified that the police would carry out their threats to put me in prison for 30 years, so I broke down and spoke the words they convinced me to say. I said: ‘Patrick - it was Patrick.’”

In her memoir, she describes in detail the morning that she put that accusation in writing, and says the prison guard told her to write it down fast.

Yet in a letter to her lawyers she gives no hint of being rushed or pressured. “I tried writing what I could remember for the police, because I’ve always been better at thinking when I was writing. They gave me time to do this. In this message I wrote about my doubts, my questions and what I knew to be true.”

On her medical examination after arrest

“After my arrest, I was taken downstairs to a room where, in front of a male doctor, female nurse, and a few female police officers, I was told to strip naked and spread my legs. I was embarrassed because of my nudity, my period - I felt frustrated and helpless.”

The doctor inspected, measured and photographed her private parts, she writes - “the most dehumanising, degrading experience I had ever been through”.

But in the 9 November letter to her lawyers, she described a far more routine experience.

“During this time I was checked out by medics. I had my picture taken as well as more copies of my fingerprints. They took my shoes and my phone. I wanted to go home but they told me to wait. And that eventually I was to be arrested. Then I was taken here, to the prison, in the last car of three that carried Patrick, then Raffaele, then me to prison.”

On her persona and mood swings in prison

She says she was often suicidal, but recollections of prison staff and other inmates differ. Flores Innocenzia de Jesus, a woman incarcerated with Amanda in 2010 described Knox as sunny and popular among the children who were in Capanne with their mothers, and recalled her avid participation in music and theatrical events. She also held a sought-after job taking orders and delivering goods to inmates from the prison dispensary.

“Most of the time when we spoke during our exercise break, the kids would call her and she would go and play with them,” de Jesus told me.

And on what US officlals and her own lawyers perceived

State department cables, released through the Freedom of Information Act, show that between 2007 and 2009, three different high-level diplomats from Rome (Ambassador Ronald Spogli, Deputy Chief Elizabeth Dibble and Ambassador David Thorne) were among those reviewing Knox’s case.

Embassy officials visited regularly. Records show one consular official visited Knox on 12 November, soon after her arrest.  A few weeks later she wrote in her diary how the visits of embassy officials improved her experience….

In 2008 and 2009, she was visited by two embassy officials at a time, six times. Ambassador David Thorne, whose name appears at the bottom of cables in August, November and December of 2009, is the brother- in-law of US Secretary of State John Kerry (at that time chairman of the Senate Foreign Relations Committee).

If the diplomats knew anything of the “harrowing prison hell” Knox was going through (as one paper put it), they are keeping those reports under wraps. Neither Kerry nor any other prominent US politician has made any public complaints. Even today, her Italian lawyers maintain she was not mistreated.

Half a dozen obvious false claims and defamations here. We estimate we will uncover well over one hundred more.

Tuesday, April 30, 2013

Although The YouTube Trailer Suggests Diane Sawyer Wimped Out And Turned All Mushy…

Posted by Peter Quennell

It could still be wrong. Trailers have been misleading before.

The interview is tonight at 10:00 on ABC. Our Main Posters Kermit and Media Watcher both have tips that could still win Diane Sawyer Pulitzer Prizes.

• Media Watcher: Diane Sawyer Interview With Amanda Knox: How To Push Back Against The False Claims And Emotion


• Kermit Powerpoint:  Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC Kindly Shares A Sneak Preview!

Here’s hoping. Even for Amanda Knox, our advice is usually the best. We’ll carry some sort of report on this tomorrow.

Sunday, April 28, 2013

The Amanda Knox Trainwreck: Could Her Book Legally Entangle These Four?

Posted by The TJMK Main Posters

[Image above: Curt Knox, Ted Simon, Robert Barnett, and David Marriott]


It seems probably that in every legal system on Earth, enabling or encouraging or inciting a crime may itself be a crime.

Could Amanda Knox’s forthcoming book be considered a crime, or more precisely a series of crimes? We wait to see what it says, but for starters its mere existence flouts Italian law. From our 22 April post:

Italy’s justice system so favors DEFENDANTS that it is perhaps the most pro-defendant system in the world. In fact many Italians feel its leniency has gone way too far. That is why there are these automatic appeals and why Knox could talk freely in court and have no cross-examination of her claims.

At the same time, officers of the Italian justice system are sheltered by huge powers hardly even needing to be invoked. The reason the law is so strong in this dimension is in part because a favored mafia tactic is to do what Sollecito and Preston and Burleigh have done in their books: slime the officers of the court.

Get that? Knox can talk her head off in court (as she did for two full days and many “spontaneous” interventions at the trial and annulled appeal) but because of a torrid history of false allegations against Italian courts, especially by the mafia and accused politicians, Italian law forbids her to do so outside in ways that misrepresent the evidence and impugn any officers of the legal system, prosecutors and prison staff counted in.

Sollecito’s book published six months ago made four kinds of mistake: (1) publishing for blood money while still accused; (2) including many false claims which contradict his own case at trial and will almost certainly contradict claims Knox makes; (3) defaming numerous officers of the court in freely accusing them of crimes - falsely, as his own dad admits; and (4) maligning the entire Italian justice system, the most popular and trusted institution in Italy with heavy protections at its disposal when it wants.

The criminal investigation into Sollecito’s book is under the wing of the same chief prosecutor in Florence who will oversee the re-run of the murder appeal. His investigation target is expected to be broad, and will certainly include the shadow writer and publisher and Sollecito’s own legal help. At the max, because Sollecito has impugned anti-mafia prosecutors and judges, he might face close to ten years.

PLUS the mitigating circumstances Massei allowed which brought his sentence down by five years will likely be disallowed by the Florence appeal court, adding five more years if the new appeal concludes guilt.

It seems an open secret in Perugia that Knox’s lawyers there have long shrugged off the US campaign and acted locally as if it really isnt there. They may or may not have attempted to forestall the book, though by now they certainly know it will make things far worse for Knox.

Sollecito’s lawyers have even more reason to know this as they are already under the gun, and they are probably sitting back and watching the trainwreck with ever-growing glee. 

Going forward, the prosecution is in a very sound and dominating position.

The evidence is very, very strong.  The Massei Trial Report is still unscathed. The Galati Appeal and the late-March Supreme Court decision absolutely destroyed the Hellmann appeal, and heavily implied that it had been bent. And the prosecutor who has been so unfairly maligned in the US has zero legal problems of his own, after Cassation nailed a rogue prosecutor for pursuing him and put his Narducci investigation back on track, and he was promoted and is set to be the Region of Umbria’s number one prosecutor very soon.

In contrast even without the albatross of the book Knox’s position was very weak.

She has already served three years for criminally lying to protect herself, and that sentence is subject to no further appeal. (Talk of taking it to the European Court is a joke.) Nobody in Italy will trust her word after that. As the post below this one shows, dozens of witnesses will speak up against any false claims. Who will testify on her behalf?

Also Knox seems intent on skipping the appeal, which is itself a contempt of court. And Sollecito, who has said he will be present, showed strong tendencies in his book to sell her short. If her book and her ABC interview are not roundly chastized on Italian TV as Sollecito’s was late last year, it will be a surprise. And complaints are already on their way to Florence - a prison guard she impugns in the book who earlier she herself had said meant no harm is moving forward. 

Curt Knox, Ted Simon, Robert Barnett, and David Marriott may end up in the crosshairs of the anticipated investigation for enabling or encouraging or inciting the book. And if Knox is handed extra years because of their zero due diligence, she may have a malpractice case against Simon and Barnett.

We hope their fingers are crossed.

Thursday, April 25, 2013

The Amanda Knox Trainwreck: Claims About Prison Traumas Widely Contradicted By Solid Sources

Posted by The TJMK Main Posters

[Above and at bottom: an animated Amanda Knox in red t-shirt at a prison rock concert]

“Amanda Knox’s trauma in an Italian hell-hole of sin and debauchery!”

That opening remark of a preview by the National Enquirer of Amanda Knox’s forthcoming book has been widely parroted in other American media reports.

Putting out new claims in the book like that is apparently considered to be worth the huge risk of extra years behind bars for contempt of court described in the post below this one.

Still, the US edition was sanitized after the annullment by the Supreme Court of the Hellmann appeal, and the UK publication of the book was canceled altogether.

So what are these remaining shock-horror claims? We intend to post commentary on them all.

Several concern Knox’s time in Capanne Prison where, it should be remembered, she actually served a three year sentence for lying. This was a sentence recently ratified by the Supreme Court, for criminal lying about the involvement of Patrick Lumumba in Merediths murder.

Main prison claim 1: sex advances by staff

One of the prison claims made public names a now-retired senior prison guard who Knox now claims asked her for sex. Actually this is hardly new news. Knox made the claim but in a far weaker form in 2011.

Then as CBS reported she had in fact concluded the guard was not even serious about sex. He was seeking to understand her.

Investigative journalist and CBS News Consultant Bob Graham, reading from Amanda’s letter to him: “‘He was fixated on the topic of sex, with whom I’d done it, how I liked it, if I would like to do it with him. When I realized that he really wanted to talk to me about sex I would try to change the subject.’”

Correspondent Peter Van Sant: “What does this letter say to you about what she’s been going through?”

Graham: “It says in a time when she was clearly traumatized by the events of the death, the murder of her flatmate, that there she was, an innocent abroad, because she was innocent, she is innocent… and here she was being pressured, further pressured in a prison system, a system that at least she should have had some degree of safety.”

Graham, reading Amanda’s letter: “I realize that he was testing me to see if I reacted badly, to understand me personally. He wanted to get a reaction or some information from me. I did not get the seriousness of the situation.’”

Knox’s claim seems to have left Italians contemptuous. “Yet more lies.” Here is a commentary on Knox’s claim of sexual harrassment in Il Giornale.

AMANDA: “THE WARDER WANTED TO HAVE SEX WITH ME”.

Nino Materi - Monday 15/04/2013 - 15:38.

And in the end do you want to see that we will have even have to compensate Amanda Knox for the “psycho-sexual” abuse suffered in prison in Perugia? By now we have become used to everything in the ugly story of the murder of poor Meredith Kercher.

But you really need a strong stomach to get used to the idea that the girl from Seattle should even be earning millions of dollars with true-story book (“true” in a manner of saying) which rummages in the trash of the Perugia thriller. A literary destiny which associates Amanda with the other key character at the crime scene: that Raffaele Sollecito author of a another true-story book (once again “true” in a manner of saying). Sollecito’s memoir is entitled Honour Bound: my Journey to Hell and Back with Amanda Knox, while Amanda’s “best-seller” is called Waiting to be Heard.

Pages in which Amanda – among other things – tries to make herself out to be an ingenuous, modest creature actually “molested” by the sexually implicit sayings of a supposedly dirty-minded prison warden. Amanda writes, or the ghost writer does, “The screw would ask me with whom I had had sex, he wanted to know how many boyfriends I had and whether I wanted to go to bed with him.” The period referred to is when the American student was in the Perugia prison following the first stage sentence for the crime of Meredith’s “friend”.

Then, on appeal, Knox (and Sollecito) were acquitted and now Cassation has ordered a new trial for them both. Meanwhile Amanda has gone back to Seattle (from where she will obviously never return to Italy) and she is enjoying the proceeds of her new career as a writer, not to speak of being a guest of agony TV, where between tears she tells how she was persecuted in our country. And the more she cries, the more the audience hits the roof and the more Amanda’s bank account grows. No talk of repaying her debt to Italian Justice…

In the 400 pages published by Harper Collins, the New York publishers which obtained the exclusive on the memoirs of Amanda after paying out about three million dollars, there is no lack of titillating details. A perfect location: the cells of Capanne Prison. Here Amanda tells about “continual requests from a prisoner to start a lesbian relationship with her”. In other pages she recalls how “she was informed of being HIV positive shortly after her arrival in gaol”.

Then the shock-revelation about a prison guard who is now retired. Knox accuses him of “ doing nothing but talk about sex with her from the day she arrived after her arrest”. In a message to a girlfriend, the girl from Seattle tells how the man in uniform accompanied her on every medical visit, twice a day, and in the evening how he would call her up to the third floor of the prison to an empty room to chat. “He was obsessed with sex, with whom I had done it, how I liked doing it, whether I wanted to do it with him,” she writes in the book. “I was so surprised and scandalised by all his provocations that sometimes I wondered whether I was not misunderstanding what he was telling me. When I realized that he wanted to talk about sex I tried to change the subject.”

The guard is now suing the girl for defamation after Amanda said that she had been abused during the questioning. In an interview with Bob Graham, an English journalist very close to the Knox family, the guard admitted talking about sex with Amanda, but claiming that she was the one who introduce the topic: “I talked to her a lot, but only to calm her down. I asked her how many boyfriends she had had, but it was always she had to start talking about sex.”

Anyone who wants to rummage in the garbage, buy the book by all means.

Main prison claim 2: malicious sex-partner humiliation

The second main claim against a prison official concerned the preliminary results of a routine HIV test required of all prisoners and a list of sex partners. The list of sex partners was reported in the media in 2008 as if the prosecutor and prison doctor had engineered the result and then leaked it to the public. 

What did we find when we looked closely into this?

Knox’s own diary made quite clear that she was the one who decided to create such a list, and the list in fact seems to have been leaked by Knox forces. Back then, Knox herself exonerates the doctor and prosecutor.

Main prison claim 3: Italian prison conditions are unbearable

Italian prison conditions and treatment, Knox claims, were so bad that they made her life miserable. She says that at times she became very despondent, and even claims to have imagined doing away with herself. 

However, Italian prison conditions except for occasional overcrowding are widely considered among the most humane, caring and rehabilitating in the world. Compared to US prison conditions, they are like night and day.

And this almost universal claim of every prisoner everywhere is contradicted by the media on which she and her family worked hard; by prison staff and official visitors, and even by the US Federal Government itself.

(1) Contradicted by the extensive media reporting

Occasional despondency is not all uncommon among those paying their debt to society. And there is scads of reporting that Knox had adjusted well to prison.

Here is a report by ABC News after Knox was found guilty in 2009.

Knox said that she felt “horrendous” the night that the verdict was delivered. “She said the prison guards did come in to hold her and make her feel better. She said the other prisoners were good to her,” Thomas said.

The reporter said the prison is “extremely clean.” Knox’s cell, which she shares with another American who has been sentenced on drug charges, is small. “It had a little bathroom with a door, a bidet, a sink, a shower…. better than some of the things I’ve seen at summer camp or boarding school.”

The women inmates are allowed to go to a hairdresser once a week.

The prison is a new facility, just opened in 2005. The women’s ward has an infirmary, an entertainment room with a pool table and ping-pong table, and a library. There is also a small chapel. Outside there is a little playground for children with benches and toys because there are cells specifically for women with children. Currently there are two women in Capanne with children.

It was very widely reported over four years that Knox was given the opportunity to do all these many things rarely encountered in American prisons: Learn the guitar. Read a lot. Watch TV. Study foreign languages.

Do artwork (colored pictures of hands). Attend rock concerts where she was seen leaping up and down (images here). Attend classical concerts. Attend Christmas parties.

Knox even played a major part in the creation of a rock video with a rock group. Unfortunately for her, that video appeared to many to come close to a taunting murder confession.

And on various occasions Knox was quoted as saying prison guards were kind to her.

(2) Contradicted by the US Embassy and State Department

US Embassy staff regularly monitored Knox’s treatment both during trial and thereafter. She was given chances again and again to lodge complaints with an Embassy officer.

But as we posted here in June 2010 and here in May 2011 cables from the US Rome Embassy to the State Department in Washington DC released to reporter Andrea Vogt contained ZERO complaints.

This matters incredibly because it constitutes the official take of the US Federal Government.

It will be front and center of State Department and Justice Department considerations when an arrest warrant for Knox is issued and extradition requested both of which could happen soon.

(3) Contradicted by Member of Parliament Rocco Girlanda

Mr Girlanda visited Amanda Knox in prison approximately 20 times for the specific purpose (or so he claimed) of checking her prison conditions. In fact that was the only way he could legally visit her, although oddly enough a book and a number of other pro-Knox actions emerged - even a complaint to the President about the Perugia prosecutors.

After Knox was released late in 2011 Mr Girlanda specifically praised the prison staff in this statement.

Perugia Prison Police The Example of Professionalism.

The PdL Party member of parliament Rocco Girlanda praises the officers of the Perugia prison.

“I’ve had the opportunity to describe to the Minister of Justice, Nitto Palma, the great professional behaviour shown by the Perugia Penitentiary Police with regards to the court case that saw Amanda Knox as protagonist, a behaviour that I had always observed during the course of my visits to the Capanne prison in the last two years.”  So says Rocco Girlanda, Umbrian deputy of the PdL, after the conclusion of the appeal trial of Amanda Knox and Raffaele Sollecito.

“In recent months I have had the opportunity to make dozens of visits to the prison, which also included some of the petitions presented by the senior management of the premises and my commitment in this regard, always finding, that starting from the director Bernardina Di Mario, continuing with the Penitentiary Police commander Fulvio Brillo, up to the entire personnel employed, the helpfulness, the courtesy and their professionalism which allows me to say that Perugia is a model structure on the national landscape, managed and directed in the best way and with a large dose of humanity on the part of the staff employed.”

(4) Contradicted by Knox’s own Italian lawyers

Knox’s lawyers Mr Dalla Vedova and Mr Ghirga visited her again and again during the 2009 trial and 2010 hiatus and 2011 appeal. Knox once again had dozens of opportunities to lodge complaints with them - lawyers who could have initiated Supreme Court action in response.

When Knox was released late in 2011 Mr Dalla Vedova and Mr Ghirga were interviewed by the TV station Umbria 24:

The lawyers: “she never complained about the prison”.

Amanda Knox “has never complained about the conduct/behavior of the prison police supervisor” and “she has never mentioned his name”: to say so are the defenders of the American woman, lawyers Carlo Dalla Vedova and Luciano Ghirga, commenting on what was reported by the tabloid The Sun. “

Ghirga said: “In the diary Amanda never makes the name.”

Della vedova said: “We are grateful to the management staff of Capanne prison for their cooperation even given to the family’s requirements. Amanda has never reported violations against her.”

“She absolutely has received the correct treatment and the outmost solidarity, within compliance, especially in the prison’s female section.”

(5) Contradicted by prison guards and other inmates

In some interviews, the reporter Sharon Feinstein captures a view of a difficult, narcissistic, uncaring Amanda Knox which is very commonplace around Perugia. The real faults lie with Knox, in effect.

Our legal assessment

So does Amanda Knox’s book contain defamatory lies which could cost her considerable additional prison time? The book is not even out yet but, based on the first hints above, she’s in serious trouble. 

Monday, April 22, 2013

Lawyers Are Puzzled At Why Knox Seems So Intent On Risking Extra Prison Time

Posted by Peter Quennell

Knox doesnt need our legal advice. She has some pretty good lawyers of her own.

So what are they telling her now? The huge risks her book and interview run are all spelled out in the Italian legal code. Accused perps dont ever, ever take their case to the court of public opinion in Italy (try finding another example) because that is a very serious contempt of the court.

Italy’s justice system so favors DEFENDANTS that it is perhaps the most pro-defendant system in the world. In fact many Italians feel its leniency has gone way too far. That is why there are these automatic appeals and why Knox could talk freely in court and have no cross-examination of her claims.

At the same time, officers of the Italian justice system are sheltered by huge powers hardly even needing to be invoked. The reason the law is so strong in this dimension is in part because a favored mafia tactic is to do what Sollecito and Preston and Burleigh have done in their books: slime the officers of the court.

Those powers finally now HAVE been invoked, because of the extraordinary assault on the Italian system and judges and prosecutors and police (rejected even by his dad) by Sollecito in his book.

They are perhaps the strongest and most extensive attacks on the court system Italy has even seen.

This is under confidential investigation in Florence and charges expected this summer could cost Sollecito a sentence of five years or more. His book also just about kills his chances at the new appeal, because it makes several hundred wrong claims which to the prosecution will be like shooting fish in a barrel.

The defense lawyers surely know all of this. Unless they feel their chances at appeal are so bad (which could be the case) that they require desperate long-shot measures, they will surely tell Knox the same thing. 

Publishers’ necks and ghost-writers’ necks and ABC’s necks are on the line too. HarperCollins UK seem to have been very smart in yanking the book. Their lawyers must have figured all this out.

Tuesday, April 16, 2013

Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC Kindly Shares A Sneak Preview!

Posted by Kermit

Skilled reporter Diane Sawyer does a great job here in negotiating the Knox PR minefield and eliciting a telling response. 

No wonder Amanda Knox seems so set on not heading for the appeal court in Florence. There she might face immense pressure to answer the hundreds of open questions on the witness stand.

This time under full cross examination, which was so strenuously avoided in mid 2009.

For this sneak preview courtesy of ABC please click here. The Powerpoints should take maybe a minute to load. I recommend that you use the Page Down key to advance.

if you don’t have the Powerpoint Viewer program loaded there is a download here. Interesting viewing. Thanks ABC.

Some further reading?

Click here for more

Friday, April 12, 2013

Diane Sawyer Interview With Amanda Knox: How To Push Back Against The False Claims And Emotion

Posted by Media Watcher

Dear Diane Sawyer:

Much of Italy and the UK and US will be curious to see how this interview works out on the ABC network on 30 April.

The extreme overkill of spin and false claims have not worked well for Knox lately. Now twin developments (the blunt and categoric ruling of the Supreme Court two weeks ago, and the ominous legal moves against Sollecito for his own rash public statements) have left Amanda Knox perched on a thin icy ledge.

We have dozens of lawyers and even judges read here. We do not know even one astute lawyer who really understands the case and the Italian system who, in light of those twin developments, considers this interview or Knox’s book as any longer a good idea.

The yanking of the book in Britain shows a creeping realization of this among those with their own necks on the line here.

The twin developments have changed this from the launch of a “promotional” book tour to a very serious inquiry into an ongoing murder trial, with very serious implications for U.S./Italian diplomatic relations.

We’re appreciative that you are the journalist who will be doing the first in-depth interview here. You have a solid reputation for balance and objectivity, and we’re looking forward to seeing your broadcast. 

From Seattle, it often seems as though Americans simply cannot comprehend that a young co-ed could be caught up in a case so violent.  Because the court proceedings were conducted in Italian, most Americans heard the story of what happened through a media filter, which in turn got much of its information from people who had a bias in support of Amanda Knox and Raffaele Sollecito.

Repeatedly, we have heard reporters parrot the defense attorney’s claim that there is no evidence.”  However, the evidence presented was strong enough to convince Harvard Law School’s Alan Dershowitz that the conviction will likely be affirmed on appeal. 

Other legal experts who have said the evidence supports a guilty verdict include New England Law Professor Wendy Murphy, who was herself a former prosecutor, and Nancy Grace, a former prosecutor who now hosts a show on trials and legal issues for CNN.

Contributors to this site, who all work pro bono, have also concluded the evidence supports a guilty verdict. We have studied the evidence presented at trial (in many cases ourselves translating key court documents) and have monitored with growing alarm the huge disconnect here in the U.S. between what happened in court and what has been reported.

What motivates us now is seeing that the reporting of the trial here in the United States is objective and corresponds with the reality of what is happening in Italy and what Italians are seeing and reading. 

Ultimately, if the conviction of Amanda Knox and Raffaele Sollecito is upheld by the Appeals Court and then Italy’s Supreme Court, we expect that the United States will honor the extradition treaty that’s been in place for decades, because it shouldn’t matter whether a perpetrator is perceived as attractive or sympathetic. While everyone is entitled to a fair hearing and a fair judicial process, we also believe the victim’s family is entitled to justice.

Having said all of that, we’re looking forward to seeing your report and here are some of the themes we hope you’ll explore in the report that surrounds the interview:

1) We believe it’s important to confront the “no evidence” claim head on by citing the actual evidence that is summarized in the Massei Report.  We believe it’s compelling and we hope you can lay it out– including the DNA, cell phone, witness statements, bloody footprint, the evidence of a coverup/cleanup, and the conflicting and shifting statements made by the defendants; all so that viewers can understand the full scope of what that jury heard and evaluated in making the original decision to convict.

2) Many Americans seem to not understand the automatic three-stage trial process that is typical of the Italian judicial system - actually put in place to benefit defendants.  We hope you can provide an overview of Italy’s judicial process, and help viewers to understand the very limited scope of the contested evidence that was subject to review by the Appeals Court.  We also hope you’ll remind viewers of all of the evidence that was not subject to review during the appeal—again, the cell phone evidence, the conflicting statements from the defendants, the evidence that showed Amanda and Meredith’s DNA mixed together in the bathroom and hallway and Filomena’s room, the bloody (Sollecito) footprint, the evidence of a staged break-in and cleanup, and the witness statements about Amanda and Raffaele’s conduct at the time the murder was discovered and over the following days.

3) Defenders of Amanda and Raffaele often claim that Rudy Guede acted alone.  Many viewers seem not to understand that the Supreme Court had earlier ruled that Rudy Guede was one of multiple attackers.  We believe it would be useful if you could review this for your viewers and cite some of the evidence that convinced the Supreme Court that Guede could not have acted alone.  Perhaps reminding viewers that Rudy Guede’s footprints lead directly from the murder scene to the outside door would be helpful, given that there was clearly mixed DNA evidence in the bathroom and a bloody footprint in the hallway, which had been cleaned up and later revealed through the use of Luminol (a chemical agent used by forensics specialists to detect trace amounts of blood left at crime scenes).

4) We hope you’ll help viewers to understand a key point made in a recent NYTimes op-ed about the mathematical value of doing a second DNA test on the knife that was found in Sollecito’s apartment.  As you know, the Appeals Court Judge refused to allow a second test on the knife, even though a confirmation of the original result or a different result would likely have provided additional clarity.

5) We hope you’ll address the issue of contamination – especially as the key issue on the bra clasp is not whether Sollecito’s DNA was on it, but whether Sollecito’s DNA could have gotten on the clasp through contamination.  Given that there was only one other piece of Sollecito’s DNA found in the apartment, and given that at the time it was analyzed, it had been more than a week since any evidence from the crime scene was reviewed in the lab, it might be useful to have someone address the chances of there having been contamination resulting in Sollecito’s DNA ending up on the clasp.

With respect to the interview itself, here are some of the questions many would like to see Amanda answer:

• Why did you call your mother in the middle of the night Seattle time prior to the murder having been discovered?  What was it you wanted to tell her?

• You tried calling Meredith the day after the murder took place and yet phone records show that two of the calls you made to her cell numbers lasted only three and four seconds and you left no messages.  How diligent were you in trying to reach her?

• Why do you think you falsely accused your boss Patrick Lumumba? 

• Why didn’t you withdraw your accusation against Patrick Lumumba in the light of day, once you’d had time to rest and reflect? 

• You have said - though never under oath - that you were treated terribly – can you summarize for us what happened the night you voluntarily gave your written statement and very specifically, any circumstances in which you were treated poorly?

• Were you given food and drink on the night you were questioned?

• Were you bleeding on the night or morning of the murder in any way that could have left DNA in the bathroom or in Filomena’s room?  If so, why were you bleeding?

• You’ve said that went back to your apartment to take a shower and to retrieve a mop to clean up some water at Raffaele’s apartment from the night before.  Why didn’t you simply use towels at Raffaele’s apartment to clean up the water - why wait until the next day?

• Reports indicate that Rudy Guede was a frequent visitor to the flat below yours.  How well did you know Rudy Guede prior to the night of the murder? 

• Do you stand by the statement you made on the day the murder was discovered that Meredith always locked her door? 

• You emailed to friends and family that you were panicked about what might have happened to Meredith given the locked door.  Did the two of you try to break the door down?  If not, why not?  And if Meredith always locked her door, why did the fact that it was locked worry you?

• Have you read the Massei report? 

• Raffaele Sollecito said during his book tour that no one asked him to testify during the original trial.  Do you believe this is true? 

• If your conviction is affirmed by the Supreme Court, do you think you should be extradited to Italy.  If not, why not?

Thank you for reading this letter, Diane.  Because of the PR fog around the case, we believe far more attention needs to be paid to the actual evidence that was presented at trial. 

We are confident that you’ll bring all of your considerable skill and experience to bear on this interview in ways that will leave viewers much better informed.

Wednesday, April 10, 2013

Knox Book Put On Hold In UK As Legal Implications Of Blood Money For Still-Accused Finally Sink In

Posted by The TJMK Main Posters

There have always been several huge problems in the promotion of Amanda Knox.

One problem is that Knox is not the real victim in the case and a great deal of compassion still resides for Meredith. Earning windfall blood money from the cruel death of a claimed close friend is hardly a classy way to go. 

A second problem is that we are still only at the end of the second act of a three act play in terms of the trials and appeals, and the Italian Supreme Court in the third act to come will almost certainly be no gullible pushover. And a whining or inaccurate book or movie demonising Italy and Italians (as her complaints about Capanne already have done) might not help her legal prospects one little bit. 

A third problem is that Italy’s officialdom and its population tend to maintain a hard and unblinking belief in the evidence against Sollecito and Knox, especially as the million dollar PR campaign largely flew below the radar there and they saw much of the hard case and a callous Knox live on TV. For example in Florence and Milan....

*******

Guess when we first posted those paragraphs above? Actually we posted them fifteen months ago on 6 January 2012.

And finally today fifteen months later HarperCollins UK suspended their publication of Knox’s book. Can the HarperCollins US suspension of the book be far behind?

We are not particularly given to directing legal advice to Amanda Knox - we think she should rethink and answer all the open questions - but the leeching of Knox-Mellas blood money going back nearly five years is absolute anathema to Meredith’s family.

So we have posted five subsequent times, pointing out to the Knox-Melasses and Robert Barnett and Ted Simon what should have been very, very obvious to them when they did their due diligence in Italy on the book:

Publishing to impugn Italian justice officials while still accused in an ongoing legal process is a contempt of court felony in Italy.

Ask Raffael Sollecito. He is now under investigation by the Florence chief prosecutor and could face millions in damages and further years in prison. So could his publishers Simon & Schuster and his shadow-writer Andrew Gumbel.

Not to mention that Sollecito is probably wrecking any chances he had at the repeat of the appeal. Does Amanda Knox REALLY want to be in the same boat? And do her shadow-writer and her publishers too?

Here are our other previous posts on her book:

• Were Prospective Knox Publishers Given The Full Score On The Likely Legal Future Of This Case?


• HarperCollins: A Commendably Balanced Report By The UK Daily Telegraph’s Iain Hollingshead


• HarperCollins: Perhaps This Explains Why Jonathan Burnham Was Inspired To Take Such A Seeming Risk


• My Letter To Claire Wachtell of HarperCollins Protesting How Distasteful Knox’s Book Promises To Be

Below: The HarperCollins US publicist Tina Andreadis (aka Tina Eleni) participated in the very very very odd Twitter exchange at bottom. She seems unfamiliar with the concept of “contempt of court” and the criminal and civil nightmares headed Simon & Schuster’s and Sollcito’s way.

Perhaps Tina Andreadis was out of the loop when her publishing company did its due diligence. 

Thanks to our main poster Bedelia for this astonishing catch.

Monday, April 08, 2013

Tips For The Media #3: In Fact There’s Far More Evidence Than UK/US Need For Guilt

Posted by SomeAlibi

The false claim “there is no evidence”

Some amateur supporters of Knox and Sollecito have committed thousands of hours online to try and blur and obfuscate the facts of the case in front of the general public.

Their goal is simple: to create an overwhelming meme that there is “no evidence” against the accused, and thereby try to create a groundswell of support. Curt Knox and Edda Mellas and Ted Simon have all made this “no evidence” claim many times.

At least some some of the media have eagerly swallowed it.

The amateur PR flunkies make up myriad alternate versions of what created single points of evidence, often xenophobic scare stories designed to trigger emotional reactions, which they hope will be repeated often enough to become accepted as “the truth”.

And where things get really tricky, another time honored tactic is to go on at great length about irrelevant details, essentially to filibuster, in the hope that general observers will lose patience with trying to work it all out.

But time and again we have shown there is actually a great deal of evidence.

Evidence is the raw stuff of criminal cases. Let me speak here as a lawyer. Do you know how many evidence points are required to prove Guilt? One evidence point if it is definitive.

A definitive evidence point

If you’re new to this case or undecided, what is an easy example of ONE definitive evidence item that might stand alone? Might quickly, simply, and overwhelmingly convince you to invest more time into understanding the real evidence, not that distorted by the PR campaign?

In fact we have quite a choice. See the footprint which was second on that list.

Now see the table above. I recommend the use of this table of measurement to avoid the lengthy back and forward of narrative argument which so lends itself to obscuring the truth. I would like to present you with this single table of measurements to give you pause to question whether this line that there is “no evidence” is really true or whether it might be a crafted deception.

I present here a summarized view of critical evidence which suggests with devastating clarity that Raffaele Sollecito was present the night of the murder of Meredith Kercher. No lengthy text, no alternate versions, just measurements.

This FIRMLY places Sollecito in the very room where Meredith was attacked and killed.

In the small bathroom right next to Meredith’s bedroom was a bathmat. On it was found a bloody naked right footprint of someone walking straight towards the shower in the bathroom. The blood is that of Meredith.

The footprint is not Amanda Knox’s - it is too big - but we can compare it to the prints taken of Rudy Guede and Raffaele Sollecito.

In Judge Massei’s report the multiple measurements were detailed in the narrative over many sentences and, in that form, their immediate cumulative impact is less obvious. It is only by tabulating them, that we are forcefully hit by not one but two clear impressions:

The measurements are extremely highly correlated to the right foot of Raffaele Sollecito in twelve separate individual measurements. In themselves they would be enough for a verdict of guilt in all but a few court cases.

But they also show a manifest LACK of correlation to the right foot of Rudy Guede, the only other male in that cottage on the night. Have a look for yourself.

If you were the prosecution, or indeed the jury, and you saw these measurements of Raffaele’s foot versus the print, what would you think? Answer the question for yourself based on the evidence admitted to court.

Then, if you compare further, exactly how plausible do you find it that the measurements of the bloody imprint are Rudy Guede’s instead?

Not only are some of the individual measurements of Rudy’s imprint as much as 30% too small, but the relative proportions of length and breadth measurements are entirely wrong as well, both undershooting and overshooting by a large margin (70% to 150%).

Conclusions that must follow

Presented with those numbers, would you consider those measurements of Rudy Guede’s right foot to show any credible correlation to those of the footprint on the mat?

Supporters of the two have tried frantically to create smoke screen around this - the wrong technique was used they say (ruled not so by the court) / they are the wrong measurements (all 32 of them? that Raffaele’s are matching exactly or within a millimetre but Rudy’s are out by as much as -30% to +50%...?).

The severity of the impact on the defence is such that there was even a distorted photoshopped version circulated by online supporters of Raffaele and Amanda until they were caught out early on in coverage. But it is hopeless, because these are pure measurement taken against a scale that was presented in court and the data sits before you.

Have a look at the measurements and understand this was evidence presented in court. Whose foot do you think was in that bathroom that night? Rudy Guede? Or was it Raffaele Sollecito on twelve counts of measurement?

And if you find for the latter, you must consider very seriously what that tells you both about the idea there is “no evidence” in this case and who was in the cottage that night…

Sunday, April 07, 2013

Tips For The Media #2: In Fact Knox Extradition Is Likely To Be Readily Granted

Posted by James Raper

[[Above: a plane landing at Florence airport; most under arrest arrive via Rome airport]


This is the latest in our many posts nailing the myths perpetrated by the pro-Knox campaign,

We can already see that there is an attempt to generate a new myth in the media and on the internet.  This is that it is unlikely that Amanda Knox would be extradited to Italy. Talking heads appear by the dozen on US TV channel networks to say so. A plethora of internet articles add up to the same. They are all wrong, take it from me.

However the fact that the subject is even under discussion is an indication that the implications of the Italian Supreme Court’s annulment of the Appeal verdict are sinking in, in some quarters at any rate. I am sure that what Ted Simon says for public consumption is very different from the advice which (assuming he has been asked) is rendered privately to Amanda and her family. If not then the family is being seriously misled as to Amanda’s prospects of avoiding extradition.

There is, of course, an extradition treaty between the United States and Italy and it seems that the main issue as to whether extradition could take place would be Double Jeopardy.

Alan Dershowitz, Harvard Professor of Law, has written a good piece.  Sensible articles like this have been a long time in coming but even he gets some of it wrong and cannot resist creating a little air of uncertainty.

“Ms Knox would likely challenge any extradition request on the ground that she was already acquitted by the lower appellate court, so any subsequent conviction would constitute double jeopardy.

That is when the real legal complexities would kick in, because Italian and American law are quite different and both will be applicable in this trans-national case involving a citizen of one country charged with killing a citizen of another country, in yet a third country.

America’s extradition treaty with Italy prohibits the US from extraditing someone who has been “acquitted“, which under American law generally means acquitted by a jury at trial. But Ms Knox was acquitted by an appeals court after having been found guilty at trial.  So would her circumstances constitute double jeopardy under American law?

That is uncertain because appellate courts in the US don’t re-try cases and render acquittals (they judge whether lower courts made mistakes of law, not fact). Ms Knox’s own Italian lawyer has acknowledged that her appellate “acquittal” wouldn’t constitute double jeopardy under Italian law since it wasn’t a final judgement - it was subject to further appeal, which has resulted in a reversal of the acquittal.

This argument will probably carry considerable weight with US authorities, likely yielding the conclusion that her extradition wouldn’t violate the treaty. Still, a sympathetic US State Department or judge might find that her appellate acquittal was final enough to preclude her extradition on the ground of double jeopardy.”

“Final enough”?….hmmmmm. That doesn’t seem very legal language to me. And given the Italian three tier system how does one determine when an acquittal is final enough, other than at the end of it? Of course, if in doubt, the State Department or judge could read all the published court judgements in the case. That would help.

On the other hand, perhaps Dershowitz should read the 1984 Extradition Treaty between the USA and Italy more carefully.

Article VI states -

Extradition shall not be granted when the person sought has been convicted, acquitted or pardoned, or has served the sentence imposed, by the Requested Party for the same acts for which extradition is requested.

The Requested Party, in the case of a request for extradition from Italy, will of course be the United Sates.  Clearly this is no bar to extradition in the case of Amanda Knox as there has been no judicial process against her in the USA regarding the murder of Meredith Kercher .

And for the avoidance of doubt jeopardy Article I states - “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.” So an offense shall be an extraditable offense only if it is punishable under the laws of both Contracting Parties by deprivation of liberty for a period of more than one year.

(There are other circumstances under the treaty when extradition will not be granted, but these do not apply to Knox. They concern political and military offences.)

Furthermore the 1984 Extradition Treaty recognizes (as do all such treaties) the validity and fairness of the contracting parties’ respective judicial systems. Such treaties would not be possible otherwise. The USA has already extradited its citizens (when it had to) to countries where, as here, an appeal acquittal has been overturned on further appeal, the original conviction has been re-instated, and the process then continues to another appeal. This is in recognition of the fact that in some systems the State has a right of appeal as well as the accused. What’s wrong with that?

Is all of this likely to change on account of Amanda Knox?

Imagine, for a moment, that Knox fights the request for extradition through the US courts and secures a landmark decision from the Supreme Court that the request is a violation of double jeopardy. At a stroke the US government will be forced to negotiate a raft of new unequal treaty rights and obligations with a number of foreign states that will feel insulted, nonplussed and humiliated by the slight to the reputation of their judicial systems. Some may refuse to do so, and this will more likely disadvantage the USA than the other way around. It would create an enormous mess in US relations with such states.

I don’t think the Supreme Court would be that daft. It’s just not, given the circumstances, a runner.

Neither would the State Department, for the same reasons, be that daft. It is under a treaty obligation, the extradition papers being in order, to (a) grant the request or (b) if the request is challenged in the courts, to hand the matter over to the Justice Department for it to be pursued there on behalf of the Requesting Party.

The reality is that if Knox’s fresh appeal were to fail and the conviction were to be upheld finally by the Italian Supreme Court, then her opposing an extradition request from Italy through the US courts would be an exercise in futility, and an extravagant waste of legal costs that would cut deep into the alleged $4 million for her book.

There would be nothing left for her after that, and after paying off Marriott and numerous other creditors waiting in the wings.

Tuesday, April 02, 2013

The Real Catastrophe For The Defenses That Was The Supreme Court Ruling Last Week

Posted by Machiavelli (Yummi)

[Above: an image of a first section session similar to the one last Monday and Tuesday]


On Tuesday March 26, the Supreme Court of Cassation quashed the previous acquittals of Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher.

The Supreme Court annulled almost the entirety of the 2011 Hellmann-Zanetti appeal verdicts, declaring the appeal outcome completely invalid on five of the six charges. The Court only upheld the sixth charge which made definitive Knox’s conviction for calunnia for which she had been sentenced to three years.

Calunnia is the crime of maliciously placing false evidence or testimony against an innocent person, something the Italian Criminal Code considers not as criminal defamation but as a form of obstruction of justice, a more serious offence. 

Worse for Knox, the Court annulled a part of the appeal verdict which had dropped the aggravation known as continuance, the aggravation that acknowledges a logical link between the obstruction of justice and the murder charge.   

Once the dust has settled, the defendants and pro-Knox and pro-Sollecito supporters and defences may finally realize how severe a defeat has been dealt to their side. 

Most American journalists were completely unprepared for and very surprised at the outcome. But most Italian commenters and a very few others elsewhere considered the outcome quite predictable (the criminologist Roberta Bruzzone for example hinted so in written articles, so did Judge Simonetta Matone, as well as John Kercher in his book, and many others too).

This really is a catastrophe for the defences. A complete annulment of an acquittal verdict is just not frequent at all. They do occasionally occur, though, and this one appeared easily predictable because of the extremely low quality of the appeal verdict report. 

For myself I could hardly imagine a survival of the Pratillo Hellmann-Zanetti outcome as being realistic.

I previously posted at length on the Galati-Costagliola recourse (that is an important read if you want to understand all angles of the annulment). I argued there that a Supreme Court acceptance of the verdict would have so jeopardized the Italian jurisprudence precedents on circumstantial evidence that it would have become impossible to convict anyone in Italy at all. 

The previous appeal trial obviously violated the Judicial Code as it was based on illegitimate moves such the appointing of new DNA experts for unacceptable reasons.  It contained patent violations of jurisprudence such as the unjustified dismissal of Rudy Guede’s verdict on a subset of the circumstantial evidence. Hellmann-Zanetti even “interpreted” the Constitution instead of quoting Constitutional Court jurisprudence.

They omitted a number of pieces of evidence, literally “forgetting” them or dismissing them without providing an argument (they should have, being an appellate trial based on the previous findings and arguments of the lower court). The appeal trial had obvious illogical contradictions on a macro level, such as the contradictory putting together of the conviction for calunnia and the acquittal on the murder charge (ignoring a logical link required by statute without introducing any reason at all). 

The Hellmann-Zanetti verdict was also based on an illogical processing of all pieces of evidence (such as the dismissal of Nara Capezzali’s evidence without logical reason, even after calling her “credible,” and that of Quintavalle; and attributing the bloody footprint to Rudy Guede on the basis of some ludicrous reasoning).

The appeal verdict basically ignored the concept of “a contrario” evidence, like concluding that the luminol footprints are probably not in blood but in some other substance and not related to the murder (despite failure to indicate any alternative substance nor any reasonable scenario).

The verdict was also biased with open prejudice in favor of two of the suspects in assuming they would be unlikely to even socialize or hang out together with the third, based on social or racial discrimination (two whites from good-looking families are called “good fellows” while the third is “different”). 

Beyond the glaring, major faux pas in procedure, the verdict’s low quality, unlawfulnesses, and hypocrisy in its reasoning tended to be pervasive and obvious through all its paragraphs, and possibly this also could have caused an aura of distrust toward the work of the Hellmann-Zanetti court. 

One could assess the strikingly low quality of the appeal verdict especially by comparing it to a sophisticated recourse such as the 100-page Galati-Costagliola Supreme Court appeal. While nobody could anticipate with total certainty the Supreme Court decision between the Galati-Costagliola appeal and the Pratillo Hellmann-Zanetti appeal verdict, to good legal eyes the outcome would be as uncertain as the result of an England versus San Marino football game!

EACH of the eleven single mistakes, plus EACH of the six “method” mistakes pointed out in the Galati-Costagliola recourse could by itself have been a sufficient cause for the annulment of the acquittals.

The redundancy of reasons and remarks by Cassation sheds light on the judgment shortcomings from many different angles, and all the reasons presented for the recourse were certainly assessed by the Supreme Court. 

But on the practical side, most probably the Hellmann-Zanetti verdict did not even survive beyond the first mistake. The appeal verdict most likely crumbled completely from the very beginning on reason #1, the illegitimate appointing of new experts by Hellmann-Zanetti to re-examine the DNA.   

But even given that the defences’ defeat could be foreseen, I never expected the defeat to pervade to this extent.

I thought the appeal verdict might be quashed entirely and a new appeal would start from scratch. But the Supreme Court went further and decided to “save” only the parts of the verdict that were unfavorable to Knox, and declared her conviction for calunnia definitive.

Meanwhile, the Court accepted the Calati-Costagliola reason #10, and quashed the part that denied a logical link between calunnia and murder.
 
The Supreme Court thus sends Raffaele Solecito and Amanda Knox back to appeal trial, but this time Amanda Knox will enter the trial as a felony convict with a definitive criminal record, which – the Supreme Court hints – is to be considered logically linked with the charge of murder. 

Moreover, judges in the appeal that will come next in Florence will have to follow the decisions set by the Supreme Court. Since the Supreme Court’s motivations report has not been issued yet, we still don’t know what points exactly Cassazione will make. But we can expect that several arguments used by Pratillo Hellmann-Zanetti that were “needed” to acquit Knox and Sollecito will be now declared illegitimate. 

This might mean that we will not see for a second time such faulty reasoning as “Knox’s statement can’t be used as evidence of lying because it is not true.” It may not be possible to dismiss the verdict that found Guede guilty of concurring in murder “with others” from the set of evidence just because it was “weak.” It may not be possible to deduce the time of death based only on declarations of Rudy Guede. 

We also may not have a chance to again see an expert declaring that contamination is “likely” on the sole basis that “everything is possible.” We also may not have another judge attributing footprints without talking about any measurements.






The Supreme Court session began on March 25, and it is only a rare event that a Cassazione session extends over into two days.

The first criminal division of the Supreme Court – scheduled to decide on this case – was a five-judge panel presided over by Dr Severo Chieffi. His name never did sound like a particularly favorable omen for Knox and Sollecito. Dr Chieffi is a 70-year-old judge, known for being the author of a famous 2008 verdict which definitively closed a notorious criminal case (“the first time a Cassazione hearing attracted massive live media attention”), a verdict among the most quoted in jurisprudence which is known as that “on reasonable doubt.” 

Dr Chieffi and his nine-judge panel explained reasonable doubt as to be intended as an “a contrario” concept, the concept used to formulate a logical reasonable alternative. That verdict pointed out the concept of “reasonable” and also stressed that the nature of evidence is “logical” – reasonable depends only on the plausibility of alternatives, not on how conclusive or reliable single pieces of circumstantial evidence are, and a piece of evidence does not require any specific “physical” element or conclusive quality.   

The rapporteur judge was Dr Piera Maria Severina Caprioglio. The rapporteur judge goes through the papers of the whole trial and summarizes their content to the other panel judges; the rapporteur and the president are the two who physically write the report (it may sound like irony that both judges have the adjective “severe” in their name). I was told Dr Caprioglio was a rather stiff judge, known for her scrupulosity in procedure matters, and she is also a specialist – and hard liner – about sexual crime (maybe that’s why she was chosen by Dr Chieffi as the one to do the research on this case). 

At the Supreme Court there is also an office known as the Office of Procurator General, which has more than 50 magistrates. The Procurator General appoints a magistrate (normally called the “PG”) to study cases and to make arguments on all cases dealt with in Supreme Court sessions. The PG is considered “neutral” in the sense that their office represents no party only the “precedents” of the court. While the rapporteur makes a description of the case, the procurator makes arguments about the recourses submitted by the parties. 

At 10:30 am on Monday, Judge Caprioglio begun her 90-minute speech summarizing the case. She detailed legal events that led to the first Massei-Cristiani verdict, and then the appeal trial led by Hellmann-Zanetti and their verdict. 

She sounded rather neutral; hers was a sheer summary with no comment attached. Nevertheless, it sounded most ominous for the defences: right from Dr Caprioglio’s speech, in fact, Knox and Sollecito’s attorneys understood that they were going to lose. 

This is because Dr Caprioglio devoted half of her rapporteur time or more to detailing Massei’s first degree trial and verdict, explaining the arguments and evidence used by the Massei court. Such attention was itself ominous to the defences. 

A main basis of the Pratillo Hellmann-Zanetti verdict is in fact a series of denials about the work of the lower court, in which plenty of evidence was simply ignored or dismissed without dealing with the first degree conclusions; while the strategy of Giulia Bongiorno was to entirely “replace” the details of the evidence set with a self-made narrative, quite unattached to actual trial events, which somewhat “worked” as rhetoric and in the media.

Yet Dr Caprioglio was not yet the biggest problem facing Knox and Sollecito. The defence was about to face a pincer front, because the Procurator General’s offices did not appreciate the appeal verdict at all.

A bomb went off with the speech of Procurator Riello which followed next. 

Dr Riello recalled the points of recourse submitted by Galati-Costagliola, which may sound technical or subtle to those unaccustomed to them. Dr Riello endorsed the radical censures made by Galati-Costagliola and made clear his own view in an overview of the whole verdict. His arguments had the subtlety of an anvil. 

To summarize, he basically maintained the appeal judges had conducted an appeal trial as if they were idiots, and followed the paths of logic, procedure and law like sailors without a compass.
 
Seen from the point of view of the Procurator General, their way of conducting the appeal trial itself was like a journey through a dreadful series of unlawful steps, decisions informally taken without deliberation, and arbitrary and unjustified ordinances. The court simply “lost their way.”

In the body of their findings, it seems they understood almost nothing about the evidence – in particular about how circumstantial evidence works. They did not deal with the findings and arguments of the first instance court as they should have, as if they didn’t exist, and they trivialized the previous legal material. 

In fact Dr Riello sounded almost sarcastic; outraged by the incredibly amateurish work of this appeal court, he tended to detail the merit of questions and was interrupted by the president asking him to stick to the discussion on the table. 

At the close of his speech, he called the appeal verdict “a rare concentration of law violation, a monument to illogicality.” He said “the judge of merit lost their way in this trial.” Dr Riello noted “they fragmented, they parceled out the pieces of circumstantial evidence.”

He implied not only incompetence but a kind of disingenuous attitude: “The Court employed a fair dose of snobbism for trivializing the first degree verdict, reducing it to four elements. A very imprecise and superficial synthesis.”

He went beyond the criticism expressed in the Galati-Costagliola appeal when he described an obvious bias of the appeal court “not in just a few passages of the second instance verdict – it’s as if the defendants should benefit from a kind of anthropological and cultural immunity, in relation to the events.”

He criticized Pratillo Hellmann’s dismissal of Amanda Knox’s handwritten memoir, and recommended that a new appeal trial must in part be based on that statement as “it is a usable document”; and he stressed that in his opinion “the scream heard by Amanda is a significant datum, of great importance.” The behavior claimed by Knox on the morning of November 2, 2007 in his view was “chilling” and her taking a shower in a cold bathroom is a “chilling detail.” 

Dr Riello concludes by saying: “These are all conditions for not letting the curtains close on an upsetting and extremely serious crime for which the only culprit found up to the present day is Rudy Hermann Guede, who has been addressed through a Lombroso-style assessment, either calling him a thief, a criminal or a drifter. He didn’t confess and he was not convicted by another court for concurring in a crime together with others, maybe with ‘ectoplasms.’” (A reference to Cassation’s previous decision that he did commit the crime with others, but Hellmann-Zanetti identified no other people; hence ‘ectoplasms.’)

The Prosecutor General also dealt with the DNA experts’ report which defined the previous results as “unreliable.” He implied that the report and its language were used as a pretext by the defences “as a tombstone, while in fact it is not.” It was used as a tool to focus the trial on the DNA and steer it away from the whole evidence set, to “bury the set of pieces of circumstantial evidence which all have their vital value.”

The rhetoric of the defences aimed to “blame everything on those involved in the scientific police who are almost depicted as bunglers; however they are not brigadiers playing with toy chemical sets, they are in fact a highly qualified department and they do employ cutting-edge technologies.” 

A severe legal bashing like the Riello speech is not at all common at the Cassazione. As I heard the news on the radio, law experts commented that the event was unusually serious, and they hinted that its consequences may lead to the setting of a historic jurisprudence precedent.

Francesco Maresca – who brought his mentor Vieri Fabiani with him – endorsed the recourse points and made points similar to Dr Riello’s. He pointed out that a major flaw of the appeal trial was to focus on two DNA instances as if the case was based on them. The court appointed experts to review items with no legitimate basis, they provided an inconsistent explanation for their steps, and then they refused to analyze and introduce further evidence, totally contradicting themselves and also violating the code.

Their criteria for choosing which piece of evidence to discuss or review were totally contradictory, and their series of steps egregiously violated a series of procedural conditions that any court is supposed to follow.

The analyzing of the knife DNA sample and bra clasp sample as pieces in isolation is a sort of device that serves a defence made-up narrative; the focus on “disputed” items and the re-make of a narrative about legal events is simply a defence strategy which is aimed at the media rather than official court proceedings. For the Kercher family, the evidence points to the guilt of Knox and Sollecito beyond reasonable doubt. 

The evidence, explained Maresca, consisted of numerous pieces of evidence and reasoning, that were simply not dealt with by the appeal court. The whole process was “non-transparent” and the result is also contradictory given that Knox is indicted by her own words on the crime of calunnia.

Maresca explained that the appeal verdict is riddled with many flaws and errors in the merit of the facts which cannot be assessed by the Cassazione court, but there are also patent violations of law which are “strong and obvious” and of the most serious kind.






Then it was the defence attorneys’ turn. Giulia Bongiorno knew she would need to apply the full power of her best rhetorical skills: she pointed out a factual error in the recalling of Prosecutor Riello and threw herself head-first into the merit of the evidence. 

She even made FOA-style overstatements on the number of Guede’s DNA instances: “So many genetic traces of Rudy Guede were found in the bedroom of the murder, Amanda and Raffaele’s DNA would have been found too if they had been there.” (Her claim is false: in fact, only four samples yielding Guede’s DNA were found in the bedroom, and some were very scant.)
 
Bongiorno focused on investigation mistakes and complained that Raffaele Sollecito “was put in jail because of a shoe print found beyond the duvet which covered the body, a print that was attributed to Guede.” She also commented on Knox’s handwritten memoir and again put forward the claim – already rejected by all the judges of all instances – that the statement should be “not usable” because there was a “blackout” of defendant guarantees. Apparently, Bongiorno did understand that the most dangerous threat, and the actual battleground, would be about the danger of having Knox now definitively convicted for calunnia. 

Bongiorno said “we do not want to put the scientific police on trial” but then said the point defence demonstrated was that they made “an infinite series of errors.” In fact, Bongiorno’s speech largely consisted of the well-known defense stance of pointing the finger at a list of supposed wrong-doings by the police.

Bongiorno’s argument of pointing out supposed “police mistakes” would probably ring true to Knox’s Amarican supporters, who may find these arguments convincing and effective. 

In fact, it was obvious that Bongiorno’s position was extremely weak, and that her arguments were not going to have any effect. The weakness of Bongiorno’s arguments was obvious from the start because she backed into arguing the case only on the merit of investigation techniques. 

Her arguments would maybe resonate effectively with uninformed spectators, but they had already failed in those courts that were legitimate, and they have no consequence from a legal standpoint. Talking about supposed mistakes during the investigation and supposed bad behavior of police are good to build a narrative for journalists, but they would have zero effect on expert judges. 

I think she knew she was going to lose, but besides being a lawyer, Giulia Bongiorno is also a smart public person, and she plays in the public arena as well as in a court of law at the same time. Her technical stances are all wrong, but she knows she will be remembered well for her good-looking performance. 

The president did not interrupt her, showing due politeness toward the defence attorneys. But no attorney would convince the Supreme Court by simply saying “we demonstrated that the investigators made mistakes.”

In order to seek to obtain some positive effect, she should have argued in favor of the Pratillo Hellmann-Zanetti appeal verdict on points of law, and put forward arguments for their legitimacy; for example, an argument in response to point #1 of Galati’s recourse claiming that the appointing of DNA experts was unmotivated.

Luciano Ghirga and Carlo Dalla Vedova had to take care of their own recourse against the conviction for calunnia on the false accusation of Patrick Lumumba. Their line of defence on this point was the same – and could be nothing else – than what they maintained though all the previous instances. Dalla Vedova deals with the handwritten note where he understands “Amanda says she is confused, she does not care about what she said.”

They reintroduced the myth that “she had been interrogated by the investigators for 54 hours.” They explain – almost a paradoxical argument – that the document was “a defensive paper” while then becoming one of the elements on which the charge of calunnia was built. They stressed that “she wanted to cooperate” with the investigation and that “she was a friend of Meredith.” 

A failure of their arguments was easily predictable because their recourse was built on points that had already failed at lower instances. Some time ago before this appeal, I posted this criticism of the Ghirga-Dalla Vedova recourse on Knox’s calunnia conviction to the Supreme Court:

Pages 3-11: The first argument is about the non-usability of the evidence for the crime of calunnia.

Such an argument is basically the re-proposal of the same argument that had been already dismissed by the Supreme Court in 2008, and subsequently by Massei-Cristiani in 2009 and also by Pratillo Hellmann-Zanetti. Therefore, it is an especially weak argument. Ghirga-Dalla Vedova do attempt to use it again at the Supreme Court because it is what they have.

Just like Giulia Bongiorno will likely recall it too, just like she attempted to request of nullification of Stefanoni’s testimony on procedure grounds before Massei, which was rejected again by Hellmann-Zanetti (the Knox supporters have such a spun perception of the proceedings, they apparently don’t see how some basic defensive claims were rejected by all judges).

Pages 11-14 complete the first argument, addressing the further requirements of the crime of calunnia (maliciousness and voluntarity). 

Basically, this point contends that the false accusation was not voluntary or not malicious. The only usable point in my opinion in this reasoning consists of one line, which recalls that Hellmann-Zanetti did not acknowledge the aggravation of continuance for the crime of calunnia. But this point has no consequence because it is a weak point in Hellmann’s verdict itself which violates jurisprudence and logic itself.

The other claims at this point are basically useless; they attack the Hellmann verdict in a way peculiar to the prosecution appeal with an opposite stance. But in fact “not knowing” that someone is factually innocent obviously cannot be extended to an absolute meaning; Hellmann is illogical on that, because he dismisses the logical link with the murder without explanation. 

Pages 14-18 speak about the alleged “extreme exhaustion” of Knox in order to exculpate her of her confusion and falsehood.

This argument tends to be a stronger attempt to use some of the contradiction in Pratillo Hellmann-Zanetti, using as a starting point the fact that H-Z did state that Knox was allegedly under excessive pressure. They convicted her for calunnia nonetheless. I think this argument won’t go too far, for two reasons.

First, because it’s basically on the merits; it quotes the whole writing of Knox and requests the SC to directly re-assess the sincerity of her words, something which the SC are unlikely to do.

Second, because while on the one hand there is a contradiction in H-Z as they accuse her of calunnia but do not use her writings as an evidence of lying on the other crime, and they reject the continuance despite the obvious link between the calunnia and the murder, on the other hand the contradiction addressed by Ghirga is weaker. There was in fact no factual finding about “excessive pressure,” neither in the H-Z appeal trial nor in previous Massei testimonies.

As for jurisprudence, pressure and “psychological alteration” itself is not enough to cause a loss of mental faculties to understand and will. Basically, most crimes are committed in a state of psychological stress or alteration, and people are responsible for themselves notwithstanding. The faculty to understand and will is not a psychological condition; it is something that affects the cognitive and decisional functioning of the brain on more basic functions, and requires a medical assessment.

So there is no way the argument of Ghirga-Dalla Vedova can overturn a conviction for calunnia based on an argument of psychological conditions: they have no basis; and there is no consistent ground to assert “excessive pressure” either. 

Pages 19-20 is a very short argument about two articles of the code that Ghirga puts in in relation to a case of defensive rights. 

This is an argument I am unable to assess clearly. This point basically claims Knox is somehow protected by the law because of an extension of her rights of defence. I have the feeling this point is wrong, because the boundaries of the right to defend oneself are already fixed and limited by a SC ruling of 2008, and because Article 51 only applies to what she declared as a defendant, but not to what she declared as a witness.

Pages 20-22 is only about the sentencing and not about innocence; it claims that, anyway, even if Amanda is guilty of calunnia, the punishment was too stiff and this severity was not logically motivated by Hellmann. This point is the only that could stand, in my opinion.

After the hearing of March 25 – which was the ninth case the Supreme Court panel dealt with that day – the panel deliberated for six hours, then adjourned the hearing and scheduled the final decision for the following morning.

The question whether to annul the verdict entirely, or to confirm the calunnia conviction, might have been the cause of some of the extra time needed. 

When the Supreme Court has to deal with scheduled cases the relator puts a mark – between 1 and 8 – indicating the difficulty of the case: 1 is the easiest and 8 is very complex. 

Almost all recourses are below 3, while a case like the one on the Narducci investigation a week earlier, involving Mignini, could have been closer to 8. The difficulty of this case is unknown. But because of some sensitive jurisprudence involved and because of the articulation of the recourses, this could have been around 6 or higher.

After retirement of the court, and adjournment to the subsequent day, at 10 am on March 26, the court’s dispositivo was the following:

ENDING THE RESERVATION FROM THE HEARING OF 03-25-2013, [THE COURT] DECIDES AS FOLLOWS: ANNULS THE IMPUGNED VERDICT, LIMITED TO THE CRIMES UNDER CHARGES:  A) (INTO WHICH CHARGE C) IS ABSORBED), B), D), E), AND TO THE AGGRAVATING CIRCUMSTANCE UNDER C.P. ART. 61 NO.2 IN RELATION TO CHARGE F), AND REMANDS [THE CASE] TO THE CORTE DI ASSISE DI APPELLO OF FLORENCE FOR A NEW TRIAL. REJECTS THE APPEAL OF AMANDA MARIE KNOX, WHOM IT SENTENCES TO THE PAYMENT OF COURT COSTS AS WELL AS REIMBURSEMENT OF EXPENSES INCURRED IN THE PRESENT PROCEEDINGS BY CIVIL PARTY DIYA LUMUMBA, IN THE AMOUNT OF 4000 (FOUR THOUSAND) EUROS, IN ADDITION TO I.V.A. AND C.P.A., PLUS GENERAL EXPENSES ACCORDING TO LAW.

Thus, Amanda Knox and Raffaele Sollecito are sent back to appeal trial in Florence on all charges related to the rape and murder of Meredith Kercher (a, b, c, d, e). And Knox is definitively declared guilty of the obstruction of justice charge known as calunnia, while the argument denying any logical link between the calunnia and the murder is quashed.

Resources used

The article above draws in part upon a translation into English of news information published by various Italian press sources, which our readers may like to look at directly. A good coverage of the case – including Riello’s speech – was broadcast by RaiNews 24 and they also have a lot of information on the website. Online updates were provided by Televideo. Commentaries and discussions were hosted on Radio1 - GR Rai. Dr Riello’s comments were reported by Il Fatto Quotidiano and Style.it. There were reports on Libero Italy.it. Also details and chronicles were reported at the end of the day by Il Giornale dell’Umbria. Coverage and the quotes for March 25 were provided by AGI. The dispositivo official document was obtained and published by Andrea Vogt.

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Your Comments

By Yummi on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Yeah results are shocking

“amanda knox”                        7.500.000 results
“amanda knox” + “saint”            500.000…

By Bettina on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Thanks Kermit,
I was happy to write CPJ to tell them of my first hand knowledge of Franks lies, aliases and abuses towards his (ex)supporters and too, his impressive…

By carlos on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Kermit - Let me second the praise! As well as TruthWillOut’s suggestion to get this out there. This information is “aha” stuff I would think for many. Amazon would be…

By Stilicho on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Douglas Preston contributed several paragraphs of AK’s own book, which perpetuate some of the inaccuracies and outright lies he welded onto Mignini’s reputation:

“‘The whole story is insane!’ I said.…

By SeekingUnderstanding on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Thankyou Kermit.

I am particularly impressed by your Concluding Suggestions, especially 1).

By Fly By Night on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


You’ve outdone yourself Kermit!

Preston does seem to be struggling in recent years. He worries me.

And speaking of movies, Preston’s Predicament for some strange reason brings to mind George…

By James Raper on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Thanks Kermit.

An epic take-down of Preston who thoroughly deserves it. The Fredo metaphor is so comically apt.

Preston is an unprincipled buffoon, an egotistical manipulator and plagiarist.

Yes I…

By Kermit on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


@TruthWillOut, that would be a great idea (generate a stream of minor donations for the Kercher fund) and maybe should be something to pursue ... hell, if Fredo can manage…

By Kermit on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Peter said: “Preston is the only man alive who is so foolish as to try to subvert THREE ongoing cases! Meredith’s case, the MOF/Narducci case, and the Frank Sforza case.…

By TruthWillOut on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Kermit,

Excellent work here. With the greatest of respect, I feel you ought to put this on Amazon for either a free download or charge a few cents and donate…

By Peter Quennell on the post 'The Very Appropriate Casting Of Doug Preston As The Fredo Corleone Wannabe'.


Ah the increasingly desperate wannabe. Amazing research. I guess Kermit doesnt espouse Doug Fredo Preston’s nine tricks for turning black into white!

Preston is the witting or unwitting pawn…

By SeekingUnderstanding on the post 'Seeds Of Betrayal: Sollecito Twice More Implies Evidence Against Knox Much Stronger Than Against Him'.


One thing that strikes me in both interviews is how very young and immature Sollecito seems…more like a young teenager.

I think Odysseus is right about the projection of…

By jeffshana on the post 'The Amanda Knox Trainwreck: On Top Of Everything Else It Seems The Book Is Financially A Huge Flop'.


For the most part, I would think that declining sales would be expected after the debut of any book; especially “non-fiction” dependent on a media blitz.

However, AK seems…

By chami on the post 'Seeds Of Betrayal: Sollecito Twice More Implies Evidence Against Knox Much Stronger Than Against Him'.


@Peter,

You have put it very succintly.

One thing I admire in Italian parents: they do not let they children go astray as soon as they turn 18. ALL kids…

By Odysseus on the post 'Seeds Of Betrayal: Sollecito Twice More Implies Evidence Against Knox Much Stronger Than Against Him'.


@Peter

I’m still catching up on all this (I have only followed the case for a year or two) and without background in or knowledge of Law (I’m a retired…