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

Series Amanda Knox

Friday, November 16, 2012

Fervent Knox Supporter Tom Wright Seemingly Strongarms Knox High School Into “Honoring” Her

Posted by brmull





One thing is for sure. Not many schools - maybe none, ever - have accepted the creation of a scholarship to honor a convicted felon who, until the Supreme Court signs off, still stands accused of a very cruel crime.

Seattle Preparatory School is a fee-paying Jesuit Catholic school about a mile north of Seattle downtown, on the south side of Portage Bay from the main campus of the University of Washington. See Google Earth image at bottom. The school’s student role is estimated at around 650.

This announcement of a new scholarship in the name of Amanda Knox was recently published: “The fund, established by past parent [and co-founder of the advocacy group Friends of Amanda Knox] Tom Wright, will provide tuition assistance to students in need.”

Early in 2011 Tom Wright [seen reading a statement in a black shirt below] presided over a seriously loopy panel presentation at Seattle University, attended by a sparse crowd of about 35, which garbled all the hard evidence in the case and accused Italian officialdom of a number of crimes. See for example our reports here and here.





Tom Wright apparently had to kick in at least $50,000 for initial fund of the endowment, and he hopes that others will feel impelled to contribute as well.

For him this is certainly a labor of passion, since Knox with her book advance has more than enough resources of her own to set up an endowment if she wished, though to date we have seen no indication that Knox has made any charitable donations. Tom Wright seeks to make it look noble.

Sara [his daughter] and Amanda were good friends at Prep… With this fund our family wants to honor the courage of Amanda and her family. They displayed great dignity and fortitude enduring a wrongful prosecution on foreign soil. During years of unjust incarceration, the school supported Amanda through prayers and letters of support. Prep acted in the Jesuit spirit by seeking social justice and helped to win a fight worth remembering.

According to the announcement applicants should demonstrate the same “moral courage, strength of character under duress and a sincere desire to help others in need” that was supposedly exhibited by Amanda Knox.





Let’s pause right there.

Claims of “wrongful prosecution” and “years of unjust incarceration” are way premature, and contradicted by all these posts here.

“Moral courage” means taking a risk in order to do what one believes is right. Put aside for a moment the overwhelming evidence that Knox did murder Meredith Kercher. To what instance of moral courage could the school possibly have been referring? We don’t have a clue.

“Strength of character under duress” is pretty much expected of any upstanding member of society. But if there’s one person to which it surely doesn’t apply, it’s someone who was convicted of falsely accusing her kind boss of murder and wrecking his business. Billions of people have a “sincere desire to help others in need.” What makes Knox notable here?

Why else might Knox have been deserving of a scholarship in her name? It’s often said that she was an “honor student” but we wonder why she wasn’t wearing any honor cords at her graduation while other students had them. Author and Knox innocence proponent Nina Burleigh wrote that she “almost flunked” a religion class and was made to take summer school.

Knox has also been described as a “star soccer player.” The team she played for, however, endured “four bleak, losing seasons” according to Nina Burleigh’s book.

A few teachers and students spoke up rather listlessly and doubtfully for Knox after she was arrested and put on trial. Several are believed to have said that they were really not too surprised to hear of the mess she was in.



;Above: school president Dr Kent Hickey]


Is there ANY solid reason in the public record why Knox is deserving of this singular honor?

Tom Wright seems to have been motivated above all by his desire to memorialize “a fight worth remembering.” As much as anything else, that fight consisted of himself and a small group of like-minded diehard parents appropriating the school’s good name and resources for the purpose of a nasty, bigoted, defamatory, strong-arming campaign which played fast and loose with the facts.

Dr Kent Hickey [image directly above] became president of Seattle Prep two years after Knox graduated. He didn’t know her at all, and he may not even have met her face to face before the school accepted a scholarship in her name. Nonetheless, he described her to the media as “a good and thoughtful girl”.

He defended the school’s decision to raise funds for her by saying “We can’t pick and choose the graduates we help.”  Yet Seattle Prep DOES indeed pick and choose, all the time. The school routinely punishes and expels students for everything from minor insolence to felonies. We can’t find any other instance in which it has held fundraisers for any alum—let alone a convicted felon—despite 8,000 alums living in the Seattle area.

And so Seattle Prep parents and onlookers might be forgiven for thinking that Dr Hickey is grasping at straws to justify his school’s very strange action.



[Above: scholarship creator Tom Wright]


One angered parent commented on the PR campaign as follows in an excellent investigative report by James Ross Gardner in the local magazine Seattle Met late in 2010:

It is true some of the Seattle Prep families have allowed their students to support Amanda Knox. I do not believe that it is a 100%. A number of families have felt their students were pressured into supporting Knox without having a choice. That is not the Seattle Prep I knew from my years there as a student, nor is it what my husband experienced.

In our years as Prep students we were allowed choice rather than pressure. Because of the pressure, a number of family are not making their annual donations to Seattle Prep. I, for one, will be glad when the verdict in the appeal is handed down so perhaps we can all move past this event. Yes, event.

Seattle Prep has made it into an event and it takes away from the students discussing other news and issues. I do not wish Knox ill but my children did not go to school with her and do not know her. They have no idea if she is guilty. They are more worried about their close friend that is fighting cancer. It is time to un-focus on Knox. That’s just my opinion.





An angered alum of Seattle Prep offered this opinion to the reporter from Seattle Met:

I went to Seattle Prep, and did a full year in Italy. I learned Italian and the culture and saw a lot of Americans and Italians from the South that studied in Central and Northern university towns go a little nuts with all the freedom away from home.

Since I started following this trial, I could totally see how immoral behavior could lead to Amanda doing what she was accused of doing. Drug use, jealous roommates, and illicit sex are not a good mix, especially when people need money to support such habits. Amanda seems to have a lobby of easily-swayed-by-propaganda lab rats who bought in to the PR agency story and don’t bother following the case in its entirety.

I do not know the background of the Seattle Prep Principal, but I think he is getting in way over his head by getting into this case, and as a prior poster mentioned, he is putting a lot of pressure on people to get on the pro-Amanda bandwagon. So sick to sway young students’ minds on what to think.

This sounds like our post-modern decaying American mentality of choosing sides and voicing misdirected-emotions in forming opinions. The Principal does not sound like a well educated, worldly individual to put the Academic Institution and its students, employees and graduates in the middle of this fiasco. It reeks of “We Support Our Troops,” military campaigns to coerce and intimidate people into believing in a “popular” movement.

It’s a cruel joke that needy students who are not in a position to turn down financial aid will be forced to associate themselves with Amanda Knox and an ignominious campaign of bigotry, defamation and intimidation.

It is to them and the real victims, Meredith and her family, that Seattle hearts should go out.






Posted on 11/16/12 at 10:16 PM by brmullClick here & then top left for all my posts;
Right-column links: The officially involvedThe wider contextsSeattle contextAmanda KnoxKnox-Mellas teamMore hoaxers
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Tuesday, October 09, 2012

CIA v. State Department: A Significant Development For The Perugia Case?

Posted by Peter Quennell





As expected the Supreme Court of Cassation has upheld kidnapping convictions against 23 CIA operatives.

The landmark case dates to Feb. 17, 2003, when Hassan Mustafa Osama Nasr, a radical Egyptian cleric known as Abu Omar [image below}, walked out of his Milan apartment in broad daylight and vanished.

talian authorities used cellphone records made at the time and location of the abduction to determine that CIA officers snatched Abu Omar, drove him to nearby Aviano Air Base and flew him to Egypt. According to Italian court documents,

Abu Omar was beaten and subjected to electric shock in a Cairo prison. He was later freed.

The significant development for Meredith’s case is that the State Department had refused to organize diplomatic immunity with Italy for any of the 23. 

Now at least one of them, Sabrina De Sousa (image at top with her lawyer), is suing the State Department for not having stood by her in retroactively organizing that diplomatic immunity.

All 23 could now be the subject of requests for extradition to Italy to serve out their six-year sentences, and if the US Justice Department refuses to comply they could be the subjects of worldwide arrest warrants via Interpol.

That could mean the end of their operational usefulness in the CIA and conceivably prevent any of them ever traveling outside the US again in their lifetimes.

Why have the CIA and the State Department seriously parted company here? Well, their mandates are almost polar opposites.

The State Department and its Embassies and the very considerable American presence throughout the United Nations tries hard to get along with friendly nations, and Italy is probably one of its top half-dozen friends.

The CIA on the other hand is charged with using fair means and foul to fight back against terrorism worldwide, and sometimes its practices contravene the best interests of diplomacy and the local law.

Here the CIA is coming out the clear loser and State is sweetly sitting on its hands and not upsetting Italy in any way.

Cables released so far by the State Department under the Freedom of Information Act suggest that State and the Rome Embassy really didnt ever lift a finger to subvert Italian justice on behalf of Amanda Knox.

Here’s betting more of the same - no action by State - as the Cassation appeal comes alive. And no standing in the way of an extradition request for Knox if Cassation decides Judge Masssei got the trial right.




Tuesday, September 25, 2012

Will Sollecito Drop Amanda Knox In It Further In A Public Seattle Interview At 7:00 PM Tonight?

Posted by Peter Quennell





This is Kane Hall on the University of Washington campus where at 7:00 tonight Sollecito is set to be interviewed.

What was described in this excellent series by an Italian lawyer on four of the Porta a Porta shows continues to be the case. One perp slyly pushing another toward the fire, in an attempt to protect his own sorry ass.

On two levels the woolly-brained component of the Seattle media and the woolly-brained Knox-Mellas camp seem to have only the dimmest comprehension of the slow-motion train-wreck Sollecito has managed to create.

(1) Sollecito may continue to claim that he “saved” Amanda by standing by her when others urged not to, but as future posts here will show, he provably didnt, and in his book in a number of places he includes very incriminatory points about her.

(2) Provable lies in Sollecito’s book have already stirred up a hornet’s nest in Italy and his own father and his lawyers have backed off - right when RS and AK face one of the toughest appeals our Italian lawyers have ever seen.

Can Sollecito be expected to make things worse both for Amanda and for himself tonight? It may not be obvious to much of the audience, but our own bet is: for sure. Must-read posts in advance here and here and here.

And a must-read book. That narcissistic killer flaunted the system - and is now doing 33 years.


Sunday, August 19, 2012

Dissecting The Hellmann Report #4: The Contortions To Dismiss Witness Quintavalle

Posted by Cardiol MD



[Above: Images of Mr Quintavalle’s Conad store; he serves at far left, his cashier serves at far right]


Scroll down here for previous posts in this series.

Mr Quintavalle owns the Conad franchise at the lower end of Via Garibaldli, about halfway between Meredith’s place and Sollecito’s. Judge Massei in his trial sentencing report had stated this about Mr Quintavalle on page 83:

This Court deems that the testimony of Quintavalle is reliable. It was discovered that Inspector Volturno did not ask Quintavalle if, on the morning of November 2, he saw Amanda Knox in his shop.

He was asked – so Quintavalle recalled - about purchases made by Raffaele Sollecito. Mr. Quintavalle did not say anything about having seen Amanda Knox on the morning of November 2, 2007 in his shop because he was not questioned about this and because, as indicated by Quintavalle himself, he considered this fact to be insignificant.

This post exemplifies how the Hellmann-Zanetti web of deception uses a flood of reasons-to-doubt in its attempt to discredit Massei’s conclusion that Quintavalle was a reliable witness. Remarkably, the judges did not even recall Mr Mr Quintavalle, and mostly they work from the brief summary of his testimony in Massei’s report and little else.

Quintavalle’s testimony is key to the guilty verdicts against Knox and Sollecito, and contrary to Hellmann-Zanetti’s improper purpose; therefore they proceeded to systematically “disprove” Massei’s conclusion, stating this on page 39:

Indeed, Quintavalle asserts that she left without having purchased anything.

Verbatim from the hearing of March 21, 2009:

The Hellmann report here proceeds to selectively quote the hearing-transcript in a manner contrary to the usual and customary English-language meaning of “verbatim”. It may be that Hellmann-Zanetti meant to indicate that only the words they did quote were verbatim, and that their ellipses indicated innocent omissions. However the effect of their omissions is not innocent.

…If they had asked me…also because, I repeat, I, when the young lady came into my store, I did not see her leave with anything, because when she passed by and passed by again, when she left and I saw her, out of the corner of my eye I saw her leaving, I did not see that she had a shopping bag or anything in her hands.

PRESIDING JUDGE [PRESIDENTE]: You are speaking of the morning of November 2?

ANSWER: The morning of November 2. I don’t know if she bought anything, I don’t know. My cashier doesn’t remember if she bought anything, I am not able to say whether she bought something or not…”

If one wanted to maintain that perhaps Quintavalle is wrong, because she actually did purchase something, it would be correct to observe that if he could be wrong on this point, and also about the clothing she was wearing, then he could also be wrong about the identification of the young woman [giovane] as Amanda Knox.

Finally, the testimony of the witness Quintavalle does not seem reliable, and, in any case, represents an extremely weak piece of circumstantial evidence.”



Examples of Hellmann-/Zanetti’s flood of Reasons-to-Doubt [That AK/RS are Guilty] :

From Hellmann-Zanetti pages 39-43:

Quintavalle

Another piece of evidence [uno degli elementi] on which the Court of first instance based its conviction of guilt is represented by the testimony of the witness Quintavalle, owner of a grocery store in Corso Garibaldi, not far from Sollecito’s house but also just a few minutes from via della Pergola: he in fact asserted that he saw, early in the morning of November 2, a young woman enter[sic] his store after having waited for it to open, whom he later recognized as Amanda Knox.

According to the prosecution (and to the Court of first instance), this circumstance proves that, contrary to the alibi she gave, she did not sleep at Sollecito’s house until late in the morning, but went very early to Quintavalle’s store, as she urgently needed to acquire a cleaning product suitable to clean the house in via della Pergola of her own traces and those of Raffaele Sollecito, before the police could intervene and take samples, since it was inevitable that sooner or later the alarm would be given because of what had happened.

In reality, even under the assumption that the circumstance is true, this would be a weak piece of circumstantial evidence, incapable in itself of proving guilt even presumptively; but in any case this Court holds that the testimony of the witness is not very reliable, in particular in what concerns the identification of the early‐morning client with Amanda Knox.”



(1) Reason-to-Doubt #1:  “…INCAPABLE IN ITSELF of PROVING guilt even presumptively….”

The reader is being steered away from a level of doubt that is beyond-reasonable, and towards the territory of reasonable-doubt-that -AK/RS-are-Guilty. 

“INCAPABLE IN ITSELF” improperly isolates the issue from all the other considerations which should simultaneously-be-taken-into-account.

“PROVING” improperly implies an inappropriate standard of ‘certainty’.

….this Court holds that the testimony of the witness is NOT VERY RELIABLE, in particular in what concerns the identification of the early‐morning client with Amanda Knox.

Logically “not very reliable” does not exclude “reliable” but Hellmann-Zanetti presumably don’t intend to concede that Quintavalle is reliable; this betrays Hellmann-Zanetti’s extreme bias and determination to exclude Quintavalle’s damning identification of [their client?] Knox.

Later on page 38:

In fact, he presented himself to the police only a year later, following intense urging by a young apprentice journalist…..”

This is a misleading reference to Antioca Fois; see Massei page 84:

He later spoke about having seen Amanda Knox because a young man who used to live above his shop, who he knew, Antioco Fois, had just graduated and had become a freelance reporter for the newspaper Giornale dell’Umbria. When he passed him, he would sometimes ask: “But do you know anything? Did you see something? Did you hear something?”

So one day Quintavalle told Fois that he had seen Amanda Knox on the morning of November 2; later he decided to go to the Public Prosecutor’s Office because Antioco Fois convinced him that this fact might be important.

So the “intense urging” was more like friendly exchanges with Quintavalle’s neighbour, a former lodger.


(2) Reason-to-Doubt #2:  “In fact, he presented himself to the police only a year later….”

Readers are invited to mistrust Quintavalle because he belatedly told this to the police for an untrustworthy reason, steering them further away from a level of doubt [with regard to Knox/Sollecito guilt] that is beyond-reasonable, and further into territory that is reasonable-doubt of their guilt.

Later still on page 38:

Now, what actually happened more than a year before Quintavalle presented himself to the police is absolutely not irrelevant, for the purpose of evaluating the reliability of the witness, especially from the point of view of the genuineness of his memories and the exactness of the identification.



(3) Reason-to-Doubt #3:  “absolutely not irrelevant, for the purpose of evaluating the reliability of the witness”

This double-negative statement further invites Readers to regard Quintavalle as unreliable because his memories are false, and his identification of Knox is too inexact. Steering Readers yet further into a level of doubt of Knox’s guilt that is reasonable-doubt.

Yet further down on page 38:

…..this was a witness who – taking into account what he himself explained – took a year to convince himself of the precision of his perception, and the exactness of the identification of Amanda Knox with the girl that he saw, although he was able to appreciate the relevance of his testimony already in the days immediately following the murder.



(4) Reason-to-Doubt #4: “..took a year to convince himself…”

From Hellmann-Zanetti page 36:

…..took a year to convince himself of the precision of his perception, and the exactness of the identification of Amanda Knox with the girl that he saw, although he was able to appreciate the relevance of his testimony already in the days immediately following the murder.

Repetition of reader-invitation to regard Quintavalle as unreliable, because his perceptions are not precise enough for Hellmann-Zanetti, and his identification of Knox was too inexact even though he knew at that time that his testimony was crucially relevant.

The reader is being steered even further away from belief that Knox and Sollecito are guilty towards the territory of reasonable-doubt-that -AK/RS-are-Guilty. 

Are we there yet? Is there reasonable-doubt-that-AK/RS-are-guilty NOW?!


(5) Reason-to-Doubt #5: “Quintavalle cannot maintain that…”

Near the bottom of Hellmann-Zanetti page 38:

...from the testimony of Inspector Volturno at the hearing of March 13, 2009, it turned out that Quintavalle and his employees and other shopkeepers in the area were shown photographs of Raffaele Sollecito and Amanda Knox, and were asked in particular to mention any possible purchases of cleaning products on the part of the couple, as this was a precise focal point of the investigation. Thus, Quintavalle cannot maintain that he did not mention what he saw on the morning of November 2 to Inspector [53] Volturno because he did not think it was a relevant circumstance.

Readers are yet further invited to mistrust Quintavalle, because his failure to “mention” everything he had seen, and his idea of “a relevant circumstance” were unacceptable to Hellmann-Zanetti. 

That’s already five reasons to doubt on the first Quintavalle page alone.

See also Hellmann-Zanetti page 42:

....according to Quintavalle’s own statements – he only caught a glimpse of the girl, first out of the “corner of his eye” and then from a bit nearer for a few moments, but never from the front (verbatim from the hearing of March 21, 2009: “Yes, then she entered, I saw her let’s say like this, three quarters left, three quarters of the left side. I didn’t see her from the front…”

And Hellmann-Zanetti page 43:

“....when she left and I saw her, out of the corner of my eye I saw her leaving,”

Hellmann-Zanetti are now reduced to semantic quibbles about Quintavalle’s use of words to describe his visual-angle-of-view when he looked at Amanda Knox’s face.

But see Massei page 83:

This young woman remained impressed in his memory because of her very light coloured eyes, azzurri [light blue]. …. she could have been 1.65 to 1.67metres tall. Her face was bianchissimo [very light skin colour] and she apparently was about 20-21 years old.

And see Massei page 84:

...it is worth observing that the witness gave a precise description of what he saw on the morning of November 2 and also provided a description of certain physical features of the woman he saw (light blue eyes and pale face) which, together with the unusual time, may well have fixed in his memory what Quintavalle said he saw.

So by selective omissions of the contents of the Massei Report, based on the 4-dimensional observations of the Massei trial hearings, Hellmann-Zanetti use a 2-dimensional record of the Massei Proceedings, and semantic quibbles about Quintavalle’s angles of visual observation, to discredit Quintavalle’s testimony.

Even though Quintavalle - who the Hellmann-Zanetti jury never even saw - had testified convincingly at trial that it was Amanda whom he saw in his shop at opening-time on November 2, 2007, and he had held up well under cross-examination.

Enough already? Isn’t this a contorted flood of Reasons-to-Doubt-That-AK/RS-are-Guilty?  Do you now believe that Quintaville is an unreliable witness?

If you now believe that Quintaville is unreliable, then Hellmann-Zanetti will have accomplished their mission.


[Below: Conad is at right and School for Foreigners at back. RS’s place maybe 500 meters behind, up the hill]


Posted on 08/19/12 at 09:07 PM by Cardiol MDClick here & then top left for all my posts;
Right-column links: Defendants in courtAmanda KnoxThe officially involvedEvidence & witnessesThe timelinesOther witnessesAppeals 2009-2015Hellmann critiques
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Thursday, August 16, 2012

An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation

Posted by Machiavelli (Yummi)





1. About Dr Galati

Dr Giovanni Galati is the Procurator General of Perugia, and one of the two magistrates at the highest function currently working in the Region of Umbria.

Until early 2011 he worked in Rome as a Procurator General at the Supreme Court of Cassation in Rome. His life and career had nothing to do with Perugia. A native of Calabria, he spent the last and most important part of his career in Rome, and moved to Perugia only quite recently.

Working as a deputy chief prosecutor at the Supreme Court of Cassation, he developed an expertise as a “cassationist” magistrate. That means specialized in legitimacy issues, and in this role he handled several high profile cases. Among them was the recent one of Salvatore Cuffaro, the former governor of Sicily, now in jail.

Cuffaro was convicted for having favored the mafia and was sentenced to seven years. The governor was found guilty by the appeal court, but Galati impugned the sentencing by the Supreme Court on one specific aspect: while he agreed Cuffaro was guilty, he considered there was only evidence of common crime, while the lower courts failed to provide the legal requirements for proof of the aggravating circumstance of the mafia-related kind of crime.

In Galati’s opinion, Cuffaro was still corrupt and a criminal, and the difference may seem like a minor detail. His conclusion was not to overturn the verdict, but only to reduce the aggravating circumstance and shorten the prison term. Galati made the point and won, the Supreme Court cut one and a half year off Cuffaro’s prison term.

One thing to note is that the majority of Galati’s recourses are appeals in favor of the defendant. The Prosecution General, the office that brings cases to the Supreme Court, deals with procedure and legitimacy issues. Its aim is to ensure consistency and quality of work of the criminal courts.

It does not deal directly with the merit of evidence, but in fact, since the assessment of the evidence is a matter of internal logical consistency and consistency with trial actions, as well as respecting of procedure and of Supreme Court jurisprudence, the scrutiny of the lower court’s process obviously indirectly involves an assessment of the quality of evidence, and on the quality of the lower court’s reasoning on all factual points.

Giancarlo Costagliola was of course the lead prosecutor for the Hellmann-Zanetti appeal.


2. About the appeal

The Galati-Costigliola appeal is a 112-page document, with citations in an appendix to each chapter remanding to trial documents (technically the cited documents have to be considered included in the submission). The Supreme Court of Cassation however will have the entitlement of going through the whole trial documentation.

The Galati-Costagliola Appeal to the Supreme Court immediately looks different in quality and content from the previous court documents that we have seen up to now on the case. As we read it in Italian, it looks well written (except for a few grammar mistakes in the Latin parts) and stylistically homogeneous.

It dedicates extensive parts to the philosophy of law, and it includes several quotes of Supreme Court jurisprudence in the introductory and conclusive chapters.

It is an unusual appeal. Contrary to most appeals submitted by Galati as Procurator General, this one does not raise objections simply on parts of the sentencing, conclusions, or points of reasoning. Instead it attacks the verdict in its entirety. It attacks indeed all logical points and conclusions, including the part about calunnia, for which Knox was found guilty. And it goes even beyond.

Besides disputing the single points on the merit, it contains an explicit and more general attack on the whole appeal court’s approach to the case, against the general quality of their reasoning and their handling of trial and procedure, as well as against even their behavior even before the beginning of the trial discussion. There is an introductory part, and one conclusion part, which are dedicated to this kind of general criticism toward the entirety of the judges’ work.

At the beginning the document presents the summary of the ten reasons for appeal which, in Galati-Costagliola’s opinion, fatally affect the legitimacy of the judgment.

The ten questions of merit are the following:

1.  The illegitimacy of Hellmann’s admission of new expert witnesses (Vecchiotti and Conti). The appointing of new experts violates the code. Galati-Costagliola clearly explains why, using both Supreme Court jurisprudence and Criminal Procedure Code. It addresses and shows the multiple instances of lack of reasoning in Hellmann’s explanations on the point, the “contradictory nature of reasoning” and its “manifest illogicality” in light of the law.


2.  The failure to acquire elements of evidence. Galati-Costagliola focuses specifically on the rejection of witness testimonies, above all 1) the refusal to again hear the witness Aviello, and 2) the refusal of new tests on the knife. These decisions were taken in violation of Articles 190, 238 paragraph 5 and 495 paragraph 2 of the Criminal Procedure Code, and in violation of Article 606 (c) and (d) of the Criminal Procedure Code. There is manifest illogicality of the judgment on the point.


3.  The establishing of the unreliability of the witness Quintavalle. The method declared to assess reliability of the witness violates the jurisprudence of the Supreme Court on the topic, and the insufficient reasoning violates Article 606(b) and (e) of the Criminal Procedure Code.


4.  The establishing of the unreliability of the witness Curatolo. The reasons expressed are illogical, prejudicial, and violate the Criminal Procedure Code.


5.  The claimed timing of the death of Meredith Kercher demonstrates a manifest illogicality in the reasoning, contains an unfounded assessment, and is manifestly in contrast with other court documentation of the case. The internal and external inconsistencies of Hellmann’s statements on the topic constitute a violation of the Criminal Procedure Code.


6.  The genetic investigations: coverage of this topic in Hellmann’s sentencing report demonstrates deficiency in the reasoning, and inconsistency and illogicality [Article 606(e) Criminal Procedure Code]


7.  The analysis of the prints and traces (stains) demonstrates deficiency in the reasoning, and a contradictory nature and illogicality in the reasoning [Article 606(e) Criminal Procedure Code]


8.  The presence of Knox and Sollecito at Via della Pergola on the night of the murder: misrepresentation of the evidence presented is demonstrated and illogicality of the reasoning [Article 606 paragraph 1(e) Criminal Procedure Code]. Violation of procedural rules and illogicality of the reasoning [Article 606 paragraph 1(b) and (e) Criminal Procedure Code] are demonstrated.


9.  The staging of the break-in (simulation of a crime): demonstration of deficiency in the reasoning and manifest illogicality of the same [Article 606(e) Criminal Procedure Code]


10. The exclusion of aggravation in the calunnia offence: the contradictory nature or manifest illogicality of the reasoning is demonstrated, also defects resulting from internal and external inconsistence with the court documents of the case: starting with the declarations by Patrick Diya Lumumba, and those by the accused, Amanda Knox, and the contents of the conversation between the latter and her mother on 10 November 2007 [Article 606(e) last part, Criminal Procedure Code].

However, the ten reasons listed above are not all of Galati-Costagliola’s arguments. Their explanations cover the core (80%) of the Hellmann-Zanetti sentencing document. But even before entering into these reasons on the merit, Galati-Costagliola make a preliminary point, a “premise” to the whole document.

The “premise” takes twenty pages and this alone is telling about the gravity of the criticism Dr Galati is going to make throughout the whole appeal document.  The premise warns the readers (the judges of the Supreme Court) that in fact there is a problem of quality pervading the whole of Hellmann’s and Zanetti’s work which affects deeply their reasoning and conclusions on multiple occasion and in multiple concurring ways.

He makes clear that his criticism of Hellmann is methodological, and he points to the trial as a whole from the roots, far beyond the single topic of errors exposed in the appeal.

The “premise” of preliminary points, a short essay in itself, has its own summary of six points, each one to explain a typology of recurrent error committed by Hellmann and Zanetti. In the premise Galati explains four of the types of error, while the last two are discussed in the further chapters together with some of the points on the merit.

These are the six types of error:

1.  One error “of method” affecting the logical process is the “petitio principii”, which Galati-Costagliola addresses as a recurrent, structural and pervasive method of reasoning used by Hellmann-Zanetti.

It is “begging the question”, a kind of empty circular reasoning. This is demonstrated in several chapters and points. For Hellmann-Zanetti’s reasoning, Galati-Costagliola reserve the names “paradoxical”, “disconcerting”, “useless”, “circular”, and worse in this same tone.


2.  The failure to apply the inferential-inductive method to assess circumstantial evidence. This is a key point based on jurisprudence and is in fact a devastating general argument against Hellmann-Zanetti:

The appeal to Cassation’s jurisprudence on the circumstantial case originates from the fact that the Assize Appeal Court did not deploy a unified appreciation of the circumstantial evidence and did not examine the various circumstantial items in a global and unified way.

With its judgment it has, instead, fragmented the circumstantial evidence; it has weighed each item in isolation with an erroneous logico-judicial method of proceeding, with the aim of criticizing the individual qualitative status of each of them ..


Dr Galati accuses the appeal court of focusing on the quality of some pieces of circumstantial evidence, instead of their correlation to each other as the Supreme Court always requires. .

The appeal judges, in actual fact, deny that the probative reasoning and the decisive and cognitive proceeding of the court is to be found in the circumstantial evidence paradigm of the hypothetico-probabilistic kind, in which the maxims of experience, statistical probability and logical probability have a significant weight.

The court must reach a decision by means of the “inductive-inferential” method: it proceeds, by inference, from individual and certain items of data, through a series of progressive causalities, to further and fuller information, so arriving at a unification of them in the context of [13] the reconstructed hypothesis of the fact.

This means that the data, informed and justified by the conclusions, are not contained in their entirety in the premises of the reasoning, as would have happened if the reasoning were of the deductive type … (..) A single element, therefore, concerning a segment of the facts, has a meaning that is not necessarily unambiguous.

Dr Galati cites and explains further:

The Perugia Court of Appeal has opted, instead, precisely for the parceled-out evaluation of individual probative elements, as if each [14] one of them must have an absolutely unambiguous meaning, and as if the reasoning to be followed were of the deductive type.

This error emerges from the text of the judgment itself, but the gravity of the error committed by the Court in its decision derives from the fact that even the individual elements had been acquired by the cognitive-decisioning process in a totally partial manner, isolating the sole aspect that allowed the recognizing of doubts and uncertainties in the element itself..

So Galati-Costagliola concludes – and this by now is obvious – that the Hellmann-Zanetti court followed a “deductive only” paradigm on pieces in isolation, instead of the “inferential-inductive” paradigm prescribed by Supreme Court requirements (1995).

Moreover, Hellmann-Zanetti applied a deductive paradigm of assessment only to some cherry picked aspects of the single isolated pieces of evidence, overlooking other qualities of the single piece (an example – my own – is the possible “contamination” of the bra clasp found on the floor in the murder room.) Ordering an assessment of the quality of any element as if it was a proof in isolation from the rest of the evidence is itself unlawful.

But Hellmann–Zanetti also picked out of the evidence one aspect alone, for example it points to the theoretical possibility of contamination by touching from gloves, but does not consider the negative check results from the possible contamination sources. The interpretation of X-DNA from the bra-clasp by Vecchiotti in the conclusion is worded as if to ignore the results on the Y-haplotype, and so on.

So even single aspects/qualities of isolated items are further isolated from other aspects by Hellmann-Zanetti, and are assessed without looking for a relationship to the context. This is a core violation of the basics of jurisprudence in cases based on circumstantial evidence.


3.  Refusal to acquire documentation as evidence: the definitive Guede verdict. Hellmann-Zanetti refused to acquire the documentation and to consider it a piece of evidence, without any backing from procedure jurisprudence and without providing any justification.

By doing this the Hellmann court was again violating the legal boundaries. The Galati-Costagliola appeal considers this as one more type of violation, the refusal to attribute any kind of probative value to the definitive verdict on Guede, thus violating Article 238 of the Criminal Procedure Core, and bringing up a manifestly illegitimate justification. The violation is quite egregious under the code.


4.  Failure to assess and to weight key elements, among which is Knox’s written “memoir”. This is a severe violation of article 237 of the Criminal Procedure Code.

The usability of Knox’s “memoir” as well as its probative value were already established by the Supreme Court itself, and it was admitted into the process. Hellmann-Zanetti fail to provide the slightest logical explanation for changing the established assessment and disregarding that evidence.


5.  The failure to acquire possibly important pieces of evidence. Galati-Costagliola are focused mainly on two points: 1) the knife, and the refusal of having it further tested for DNA; 2) the refusal to hear Aviello after his retraction of his claims.

We know that, while the testimony of Aviello might be just not credible because of his proven unreliability, and while some may argue that thus his testimony was not “decisive”, the testing of DNA found on the knife would be a piece of evidence for sure.

But the Procurator General points out that the refusal to hear Aviello is part of a severe violation, because the Hellmann motivazioni accepts his retraction statement, considering it thus reliable, but throws out some parts of it and refuses to hear him as a witness.

So the Galati-Costagliola appeal statement includes quotes of some shocking lines from Aviello’s interrogation, to show the heavy nature of it that cannot be thrown out without assessment

A twisting of words - like “cutting-edge” which becomes “experimental” in Hellmann’s reasoning - is the illogical justification for Hellmann-Zanetti forbidding a further DNA test. The motivation is obviously bogus, and Galati backs the point with quotes from Novelli’s tehnical explanation.


6.  Galati-Costagliola address a pervasive violation, claiming it recurs multiple times in the document: a violation of a kind called “misrepresentation of the evidence”.

This is when the judge omits aspects of the pieces of evidence that would contradict their conclusion, expressing an obvious cognitive bias. The appeal describes this violation in different chapters (5,6,8) as occurring in the process of assessing different pieces of evidence, including witness reports, wiretappings, and other items.



3. My own assessment of the Galati appeal

As you can guess from the summary above, the appeal is rather strong, and explains many heavy implications in Italian jurisprudence so that it would be difficult for the Supreme Court to reject it. 

Difficult not only because the kind of objections raised by Galati-Costagliola are devastating to Hellmann’s legitimacy (in fact it’s even more, they tend to form a picture of manipulation of the trial); and not only because Hellmann’s verdict appears to be devastating to jurisprudence generally, so much so that it would become impossible to rule on guilt in many other cases; and not only because a verdict that puts together the conviction for calunnia (a felony crime with malice) and the acquittal for murder, has a contradiction on a macro-level.

But also diificult because the same office of Cassation has already issued another definitive verdict, on the Rudy Guede case. They acknowledged that Guede did not act alone, and the Supreme Court themselves even obtained independently some elements of evidence of this, which had not been considered by the previous judges.

Accepting Hellmann-Zanetti and rejecting Galati would equate to cancel Guede’s verdict. It would require a re-write of the entire process from scratch.

Galati-Costagliola shed light on many points in good order, so I tend to be optimistic and confident in the strength of the appeal.

However I also believe there could have been something more, to make it even more strong. There are a few points – in my opinion - still missing, which I would have added. Four points that I miss are the following:

1.  There is no mention about the analysis – or the lack thereof - of Knox’s lies, aka the inconsistencies in her story, her “mop-shower” alibi version, what she told prior to her false accusation. There was a partial analysis of this area of evidence in Massei, who only mentioned her lying about her behavior before Meredith’s closed door.

But a lot more could have been brought out, so many contradictions and so sharp, to demonstrate that her recollection was entirely fictional. The entire topic disappeared in Hellmann’s logic and Galati-Costagliola does not hit on the point. I think this obliteration of key evidence should have been a battlefield for the appeal, I think it could have been linked to the error of misrepresentation of the evidence.


2.  Galati-Costagliola misses one point of criticism on the bathmat footprint assessment. It does make a point objecting to the manifest illogicality of Hellmann’s reasoning on the footprint analysis. But there is one point more where it could hit, one external inconsistency that could have been highlighted:

Hellmann-Zanetti’s illogical reasoning on the footprint is based on a false assumption. Not only it has no basis in the acts of evidence but it is proven false. It is that Hellmann excludes Sollecito on the basis that the print was “inked” by stepping on a flat surface (proven false), and attributes it to Guede, on the opposite assumption that it was produced by immersion. I note that Galati does not address directly this introduction of false premises.


3.  The appeal deals only partly with the Vecchiotti-Conti report controversy. It points to Hellmann’s contradiction on “contamination” of the knife and their failure to indicate any path for any contamination in general. But it does not say much about the bra clasp (it implies however that Sollecito’s DNA was found).

Vecchiotti’s report is unacceptable when it comes to the DNA chart: it acknowledges that Sollecito’s DNA was on the clasp after all when it comes to the Y-haplotype, but in the autosome-chromosome analysis attempts to create confusion by applying principles that are incompatible with Supreme Court guidelines on evidence analysis. Also Vecchiotti desecends into inconsistency and shows her real cards when she attempts to figure out contamination paths for how Sollecito’s DNA had arrived on the clasp.

However, I think the SCC might have all the material on this point in the attachment documents from Galati.


4.  One missing point important to me is that Galati-Costagliola does not point out the prejudicial and racist stance declared at the beginning and at the core of Hellmann’s reasoning.

Other parts are maybe more outrageous and more directly offensive to other people and other intelligences, but the racist Hellmann’s reason to me is the most disgusting.

It is a shame that a judge of the Republic is allowed to write things like this. Hellmann-Zanetti write that it is itself “unlikely” – it would require a very special proof – that Guede and Knox/Sollecito could have just met and done something together because they are “different”, while Sollecito and Knox are “good fellows”

Hellmann-Zanetti could have legitimately used the argument that it was likely for Guede to have committed a crime alone because he had a police record. They could have used this argument, but they did not use it. Their wording was totally different. I think we can guess what the reason is why they didn’t use this argument. It would have been extremely weak.

There is a logical connection between a theoretical break in and the theft in the law firm; this logical connection is equal to (in fact much weaker than) the logical connection between a staged break in and a roommate. But there is no logical connection between crimes like a theft of a laptop in an apartment and assaulting, torturing and killing a woman: thousands, in fact hundreds of thousands, of common thieves, in Italy, do not rape and do not kill anyone.

You cannot use the criminal record of Rudy Guede as a basis for claiming it is “likely” that he could commit a crime of this kind alone. That’s why Hellmann-Zanetti didn’t use it.

Instead, they used prejudice, the racist card: instead of trying to explain why it was likely that Rudy could have done it alone, they decided to claim that it was unlikely that they would find themselves together, because they are “good fellows” (and “different”).

As you can understand, this has nothing to do with Rudy’s criminal record.

By the way, Hellmann-Zanetti know that Knox had been knowing Guede long before she became friends with Sollecito, they already knew that Knox and Guede have been seen together on more than one occasion in more than one place, and even that Guede in fact attended the cottage and was friends with other people in the cottage. In fact they knew Guede and Knox used to attend the same places, house, roads and pubs.

They also knew that both Sollecito and Guede attended Piazza Grimana and the drug circle (which is the square in front of the school where Amanda had her language classes), that they lived 150 meters from each other, walked every day the same road; and ate at the same bars.

It was also known that not only Guede alone, but both Knox and Sollecito had questionable aspects in their personalities, so that these 20-years olds were not exactly expressing a profound stability in their lives.

They knew details like: leaving university, abandoning a job after one day, public disturbance fines, drunk parties, pouring beer glasses on the heads of unknowns, flirting with clients, relational problems with roommates and other girls, bringing several men at home causing arguments with roommates, collecting violent porn, heavy drug abuse over the years, knife collecting, a possible suicide mother, a lonely childhood and introverted character under the attention of a college director, memory voids.

Nobody is perfect. These details do not mean someone is guilty of anything. But what exactly is, in Hellmann-Zanetti’s mind, the “difference” of these personalities that makes these two be so obviously “good fellows”, as opposed to Guede, to the point that it is “extremely unlikely” that they can be found together, despite the fact that they attend the same places every day?

Who can tell me what is the possible reason of this difference?

Maybe there could be a relation with the fact that in Italian “good fellows” – “bravi ragazzi” means, in the subtext “ my family” as opposed to the other who is an outsider.

To my eyes this reasoning of Hellmann-Zanetti turns them into individuals who deserves no respect, they gain with this the most justified contempt, they should be treated like pigs: they practically wrote “they can’t be around together with Guede because they are our friends” while “he is out”.

Two bastards dirtying my country by wearing the robes of judges. I find this disgusting. It is unfortunate that Galati-Costagliola overlook this point.



4. The Galati appeal: my final thoughts

It is not possible to understand in depth the 10 points of merit from my short summary, which in fact is just a list. By reading them, I think they show their inner logical strength. I found only one weakness, that is in one of the sub-sections of point 5, where Galati-Costagliola discuss about Guede’s skype call.

I feel it’s remarkable that I couldn’t find any other questionable point (I am rather severe).

Reason 8 appears made of several points each with a different topic. They didn’t seem especially important to me as pieces of evidence, however they exist and are part of Galati-Costagliola criticism of Hellmann’s reasoning.

Reason 9 is effective but I would have used much more extensively the elements of evidence available and place them in line before the judge’s faces. Galati-Costagliola prefer to direct their objection to the inconsistence of Hellmann-Zanetti.

The part where Galati sounds more outraged is Reason 10, about the Calunnia. In this part in fact Hellmann sounds most “FoA” and offensive. In fact I think I have never read before a Cassation recourse so scathing as the Galati-Costagliola document seems to be on the Hellmann’s report.

Reading through the whole Galati document in Italian, you come upon expressions addressing the lower court’s work (repeatedly) with terms like “grave error” and “grave behavior”, you find also “disconcerting shallowness”, or the accusation of “ignoring the law”.

In the C&V report section Galati-Costagliola have some sarcastic lines such as: “how is it now they suddenly have become experts?”. In other parts you read the word “prejudice” or “obvious bias”, some of the parts of the Hellmann-Zanetti report are called “offensive” and “gratuitous”, and you also encounter the term “insinuation”.

Galati-Costagliola devolve significant attention to their method error in logic called “petitio principii”.  Now, in the traditional scholarly logic, there is a list of thirteen kind of typical “logical errors” divided in three groups: the errors of the kind “fallacia in voce” (due to misusing words in their meaning concepts) , “fallacia in re” (about getting facts wrong in the direct logical use of them) and “fallacia in deductione” (error in inference process): there are four types of “fallacia in re” and five types of “fallacia in deductione”.

The “petitio principii” (implicit circular reasoning) is one of the five types of “fallacia in deductione”.  Galati-Costagliola focus on this and on another case of “fallacia in re” called “corax”, but in fact in Hellmann-Zanetti there are also severe cases of logical errors of other kinds of “fallacia in deductione” and of the kinds of “fallacia in re”. Which may not matter too much.

This was my final thought.  I hope this can help readers to gain a rough idea of what the Galati-Costagliola Appeal to the Supreme Court looks like, its structure, its kind of arguments, and assess its qualities.

If the Supreme Court of Cassation accepts the appeal, I would consider the battle for justice in this case as won. I know that the Kerchers may need to see the end of the whole process. But to me, the fact of having the Galati-Costagliola appeal means itself half victory achieved.

This document, as you know, was issued by the highest magistrate in Umbria and what will remain in history is the forcible assertion that Knox and Sollecito are murderers beyond any doubt as expressed by Dr Galati in this document and elsewhere, as well as his outrage for the disgusting Hellmann-Zanetti trash-verdict.

This stance will never go away.

Posted on 08/16/12 at 09:03 AM by Machiavelli (Yummi)Click here & then top left for all my posts;
Right-column links: Defendants in courtAmanda KnoxRaff SollecitoAppeals 2009-2015Cassation 2013Florence 2014+3 No evidence hoaxItalian system
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Thursday, August 09, 2012

Correcting Saul Kassin’s Massively Inaccurate Description Of Amanda Knox’s So-Called Confession

Posted by brmull




Conflicts between Kassin’s academic and court personas

Saul Kassin is a psychologist with the John Jay College of Criminal Justice in New York. He tries to advance the notion academically and in court that many confessions are coerced by the police and thus false.

In writing about American cases of confessions, Kassin would normally be very sure to interview all the parties to the confession. Police would not simply be sidelined, and the confessor’s tale would not be the only narrative he pays attention to. His academic pieces would normally be peer-reviewed and any claims which were questionable would be examined by the academic peers or the readership.  False claims by Kassin could result in criminal complaints and civil lawsuits.

It is quite clear from online postings that Saul Kassin was taken on as a hired gun for the Knox defense in the Knox/Sollecito trial in Perugia. He was being paid NOT to simply be academic and objective, he was being paid to give the police witnesses and prosecution as hard a time as possible.

Although he seems to have flown to Perugia at one point he definitely did not encounter let alone interview even one police officer, even one prosecutor or even one judge. He made no visit to the questura where the Knox questioning took place. He doesnt speak or read Italian so he would not be able to get to grip with original evidence.

He does not reveal if and when he interviewed Amanda Knox herself. She makes no mention of any meeting with Kassin in her book. Kassin was definitely not in court in mid-2009 when Amanda Knox was cross-examined for two days on the witness stand about her false allegations against Patrick Lumumba. Her stint on the stand was regarded as a disaster for her by most of those present.

Conflicts consequentially plaguing Kassin’s academic judgments

During the Hellmann appeal in 2011 [subsequently annulled by the Supreme Court in 2013] Kassin started to use his academic standing and ostensible objectivity to propagate to American and later global audiences his hired-gun take for the defense. He had still not interviewed anyone in the Perugia police or prosecution.

He never made clear that his description of Knox’s interrogation was already UNIVERSALLY discredited in Italy - and that even Knox had admitted that the police treated her fairly. He never explained what peer review process his many pieces went through. Not one police officer or prosecutor in Perugia was contacted by any peer reviewer seeking confirmations. This suggests either that there was no peer review or it was unethically cooked in some way.

Our own peer reviews of Kassins proliferating claims

One month ago my fellow poster the Machine took apart ten claims which Saul Kassin made last year in a Seattle radio interview. As the Machine showed, every one of those claims fall apart once one refers to official documents and the more objective case books and websites. 

Another post one month ago by my fellow poster Fuji showed that Amanda Knox is NOT likely to issue false confessions in the heat of an interrogation moment.

That is Kassin’s key claim here, and in effect Fuji used Kassin’s own “science” against him.

Then we were warned by a John Jay colleague critical of Kassin that he had repeated these same spurious claims live on television - and that Kassin had made even more wrong claims in a keynote speech to a conference of the elite John Jay College in June in New York, in front of an influential international audience.

And he did so again in a paper, possibly peer-reviewed, which the respected journal American Psychologist has placed online. This post provides the truth on the Knox-related claims at the front and back ends of that American Psychologist paper.

Saul Kassin still appears to want to argue that Amanda Knox was convicted ONLY based on a false confession (as the Machine and numerous posts on TJMK show, she wasn’t - and in fact, Knox didn’t even confess) and he now makes almost 50 erroneous assertions about the case.

You can see highlighted in the first box-quote below those misleading and erroneous passages of PR shill Kassin which I correct in the second box-quote below.

(1) SAUL KASSIN’S ORIGINAL VERSION WITH WRONG STATEMENTS HIGHLIGHTED


As illustrated by the story of Amanda Knox and many others wrongfully convicted, false confessions often trump factual innocence. Focusing on consequences, recent research suggests that confessions are powerfully persuasive as a matter of logic and common sense; that many false confessions contain richly detailed narratives and accurate crime facts that appear to betray guilty knowledge; and that confessions in general can corrupt other evidence from lay witnesses and forensic experts—producing an illusion of false support. This latter phenomenon, termed “corroboration inflation,” suggests that pretrial corroboration requirements as well as the concept of “harmless error” on appeal are based on an erroneous presumption of independence among items of evidence. In addition to previously suggested reforms to police practices that are designed to curb the risk of false confessions, measures should be taken as well to minimize the rippling consequences of those confessions…. 

Meredith Kercher was found raped and murdered in Perugia, Italy. Almost immediately,  police suspected 20-year-old Amanda Knox, an American student and one of Kercher’s roommates—the only one who stayed in Perugia after the murder. Knox had no history of crime or violence and no motive. But something about her demeanor—such as an apparent lack of affect, an outburst of sobbing, or her girlish and immature behavior— led police to believe she was involved and lying when she claimed she was with Raffaele Sollecito, her new Italian boyfriend, that night. 

Armed with a prejudgment of Knox’s guilt, several police officials interrogated the girl on and off for four days. Her final interrogation started on November 5 at 10 p.m. and lasted until November 6 at 6 a.m., during which time she was alone, without an attorney, tag-teamed by a dozen police, and did not break for food or sleep. In many ways, Knox was a vulnerable suspect—young, far from home, without family, and forced to speak in a language in which she was not fluent. Knox says she was repeatedly threatened and called a liar. She was told,  falsely, that Sollecito, her boyfriend, disavowed her alibi and that physical evidence placed her at the scene. She was encouraged to shut her eyes and imagine how the gruesome crime had occurred, a trauma, she was told, that she had obviously repressed. Eventually she broke down crying,  screaming, and hitting herself in the head. Despite a law that mandates the recording of interrogations, police and prosecutors maintain that these sessions were not recorded. 

Two “confessions” were produced in this last session,  detailing what Knox called a dreamlike “vision.” Both were typed by police—one at 1:45 a.m., the second at 5:45 a.m. She retracted the statements in a handwritten letter as soon as she was left alone (“In regards to this ‘confession’  that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”). Notably, nothing in the confessions indicated that she had guilty knowledge. In fact, the statements attributed to Knox were factually incorrect on significant core details (e.g., she named as an accomplice a man whom police had suspected but who later proved to have an ironclad alibi; she failed to name another man, unknown to police at the time, whose DNA was later identified on the victim). Nevertheless, Knox, Sollecito, and the innocent man she implicated were all immediately arrested. In a media-filled room, the chief of police announced: Caso chiuso (case closed). 

Police had failed to provide Knox with an attorney or record the interrogations, so the confessions attributed to her were ruled inadmissible in court. Still, the damage was done. The confession set into motion a hypothesis-confirming investigation, prosecution, and conviction. The man whose DNA was found on the victim, after specifically stating that Knox was not present, changed his story and implicated her while being prosecuted. Police forensic experts concluded that Knox’s DNA on the handle of a knife found in her boyfriend’s apartment also contained Kercher’s blood on the blade and that the boyfriend’s DNA was on the victim’s bra clasp. Several eyewitnesses came forward.  An elderly woman said she was awakened by a scream followed by the sound of two people running; a homeless drug addict said he saw Knox and Sollecito in the vicinity that night; a convicted drug dealer said he saw all three suspects together; a grocery store owner said he saw Knox the next morning looking for cleaning products; one witness said he saw Knox wielding a knife. 

On December 5, 2009, an eight-person jury convicted Amanda Knox and Raffaele Sollecito of murder. The two were sentenced to 26 and 25 years in prison, respectively. Finally, on October 3, 2011, after having been granted a new trial, they were acquitted. [Actually they still stand accused - and facing a tough fact-based prosecution appeal] Ten weeks later, the Italian appeals court released a strongly worded 143-page opinion in which it criticized the prosecution and concluded that there was no credible evidence, motive, or plausible theory of guilt. For the four years of their imprisonment, this story drew international attention (for comprehensive overviews of the case, see Dempsey, 2010, and Burleigh, 2011).1

It is now clear that the proverbial mountain of discredited evidence used to convict Amanda Knox and Raffaele Sollecito was nothing but a house of cards built upon a false confession. The question posed by this case, and so many others like it, is this: Why do confessions so often trump innocence? ...

Third, it is important to realize that not all evidence is equally malleable or subject to corroboration inflation. Paralleling classic research indicating that expectations can color judgments of people, objects, and other stimuli that are ambiguous as opposed to those that compel a particular perception, forensic research indicates that ambiguity is a moderating condition. Asked to report on an event or make an identification decision on the basis of a memory trace that cannot be recovered, eyewitnesses are particularly malleable when confronted with evidence of a confession (Hasel & Kassin, 2009). This phenomenon was illustrated in the case against Amanda Knox. When police first interviewed Knox’s British roommates, not one reported that there was bad blood between Knox and the victim. After Knox’s highly publicized confession, however, the girls brought forth new “memories,” telling police that Kercher was uncomfortable with Knox and the boys she would bring home (Burleigh, 2011). ... 

In recent years, psychologists have been critical of the problems with accuracy, error, subjectivity, and bias in various types of criminal evidence—prominently including eyewitness identification procedures, police interrogation practices, and the so-called forensic identification sciences,  all leading Saks and Koehler (2005) to predict a “coming paradigm shift.” With regard to confessions, it now appears that this shift should encompass not only reforms that serve to minimize the risk of false confessions but measures designed to minimize the rippling consequences of those confessions—as in the case of Amanda Knox and others who are wrongfully convicted.


(2) MY REPLACEMENT VERSION WITH CORRECT FACTS AND CONTEXT NOW INCLUDED


On November 2, 2007, British exchange student Meredith Kercher was found sexually attacked and murdered in Perugia, Italy. The next day, 20-year-old Amanda Knox, an American student and one of Kercher’s roommates, became a person of interest, along with Meredith’s downstairs neighbors and several of her other acquaintances. Interviewing close contacts is a cornerstone of police work. Two of Meredith’s close English friends, who were so scared they couldn’t sleep alone, left Perugia in the immediate aftermath of the murder. Everyone else stayed on.

Months before arriving in Perugia, Knox received a citation for a noise violation when a going-away party she’d thrown for herself in Seattle got out of hand. One of the officers described it as a “scene from Baghdad.” Within about three weeks of moving into the cottage in Perugia, Knox was ejected from a nightclub for pouring her glass on the head of a disc jockey.

It’s often said that Knox had no motive to kill Meredith, but it was Knox’s claim of drug use which indicated a possible motive: a drug-fuelled assault. There are various others, though a motive is not actually required for conviction. In crime scene videos from the day Meredith’s body was discovered, Knox can be seen outside the cottage glancing furtively around. Still, it was not this and other odd behavior, but rather the many conflicting witness statements by Knox and her new Italian boyfriend, Raffaele Sollecito, that led police to believe Knox was involved and lying when she claimed she was with Sollecito at his home continuously on the night of November 1.

Police interviewed dozens of witnesses in the days after the murder, some more than once. All witness statements were written down and signed for, not recorded. The police interviewed Sollecito for the third time beginning at 10:40pm on November 5. Knox later testified that she voluntarily accompanied her boyfriend to the station, because she didn’t want to be alone. The police did not summon her. To the interviewers’ surprise, Sollecito repudiated his earlier alibi when shown phone records, and now said Knox had left his apartment for much of the evening. Some time after 11:00pm the police asked if they might interview Knox. An interpreter was called and by 1:45am Knox had given a signed statement that she had witnessed the sounds of her employer, bar owner Patrick Lumumba, murdering Meredith at the cottage.

In that statement she acknowledged that she had been given an interpreter, and that she herself was now officially a suspect. Knox later testified that she was treated well. She was offered snacks and drinks during the interview and afterward. Made aware that she could not be interrogated without a lawyer, but still anxious to put out as much information as possible, she then requested a chance to make a spontaneous statement without any questioning. Dr Mignini, the magistrate on duty, was called from his home, and she gave a statement in front of him very similar to her witness statement from hours earlier. He asked no questions.

Knox and the police gave different accounts of how the 11:00 to 1:45 am interview was conducted. Police said Knox was told Sollecito now no longer confirmed her alibi and he had called her a liar. She now had no alibi. Sympathetic to her because Knox was freaking out, the interpreter urged her to try to remember at least something.  Shown a text she had sent to Lumumba at 8:35pm saying “See you later. Have a good evening!” she was asked to explain this. The police describe how Knox started to cry and burst out, “It’s him! It’s him!”

Both Knox’s witness statement at 1:45 a.m and her voluntary suspect statement at 5:45am were written out in Italian and translated back to her before she signed. After Knox was formally taken into custody at midday on November 6, she asked for paper and wrote a slight modification of her earlier statements, adding: “In regards to this ‘confession’ that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”

Lumumba was arrested along with Knox and Sollecito. Knox and her mother held out on his non-involvement for weeks, but he was eventually determined to have a solid alibi. Another man, Rudy Guede, was identified through a hand print in Meredith’s bedroom. Knox appeared to have substituted Lumumba for Guede in her statements, and several details of the crime in her so-called confession were later corroborated by witnesses.

Because police had not needed to provide Knox with an attorney at the impromptu witness interview after 11:00, the Supreme Court ruled that statement inadmissible in the murder case against her. However both statements were ruled admissible in court for the purpose of establishing the crime of defamation against Patrick Lumumba. Knox’s November 6 letter was also ruled admissible.

Guede, the man whose DNA was found on the victim, told a friend while he was still on the run that he had found Meredith stabbed and that Knox had nothing to do with the murder. However, in the same conversation, which was recorded by police, he speculated that Knox and Sollecito might have been at the cottage. In a letter dated March 7, 2010, while his sentence was awaiting final confirmation by the Supreme Court, Guede wrote that Knox and Sollecito murdered Meredith. He reiterated this claim as a witness during Knox and Sollecito’s appeal.

Forensic police from Rome concluded that a kitchen knife found in Sollecito’s apartment had Knox’s DNA on the handle and Meredith’s DNA on the blade. Sollecito’s DNA was on the victim’s bra clasp in Meredith’s locked bedroom.

Several eyewitnesses came forward. Three neighbors testified that they heard a disturbance around 11:30pm in the vicinity of the cottage. A homeless man who at appeal admitted heroin use was reading a newsmagazine at the basketball court near the cottage. He testified that he saw Knox and Sollecito four or five times that night. An Albanian, a possible drug dealer. who the Massei court deemed unreliable after the Micheli court accepted him, said he had seen all three suspects together, and that Knox had accosted him with a knife. A grocery store owner testified he saw Knox at his shop early on the morning after the murder.

The conflicting alibis of the two were never resolved during trial. On December 4, 2009, an eight-person panel consisting of two professional judges and six lay judges found Amanda Knox and Raffaele Sollecito guilty of murder aggravated by sexual assault, simulation of a burglary, unlawful carrying of a knife and, in Knox’s case, criminal defamation of Patrick Lumumba. The two were sentenced to 26 and 25 years in prison, respectively….

Knox’s mother later described her daughter as “oblivious to the dark side of the world.” Knox herself wrote that, on the night of the murder, she and Sollecito were talking about his mother’s suicide. She told him her philosophy was “life is full of choices and that these choices are not necessarily between good and evil, but between what’s better and what’s worse.”...

Results of our own peer-group analysis

Kassin asserted that the witnesses in this case imagined “new memories” unfavorable to Knox because of her highly-publicized confession. He referenced an experiment in which an unknown actor walked into a classroom and stole a laptop. The students were asked to try to identify the thief from a line-up. Two days later, the students were told which person in the line-up had confessed. Many changed their minds when told of the confession, although in truth the thief was never in the line-up at all.

Obviously this contrived scenario has nothing at all to do with Amanda Knox or people who had met her.

In his book, Meredith, the victim’s father John Kercher recalls his daughter complaining about Knox’s poor hygiene and how she brought home strange men several weeks before the murder. Numerous witnesses recounted specific anecdotes of Knox’s sharp-elbowed and offputting behavior. Her circle of friends quickly diminished only to Sollecito.

Really, could all these be “new memories”?

Psychologists studying eyewitness testimony, interrogation techniques and false confessions need to be circumspect. Even DNA testing, considered the best of the forensic sciences, requires a thorough understanding of circumstances in order to be interpreted correctly.

Kassin’s continued stonewalling and legal risks

I really wonder who agreed to publish him. I work in a science-based field. When I first learned Kassin had been recruited by Curt Knox’s hatchet men as a PR shill, had been put directly in touch with Knox herself, and had been provided with pre-selected reading materials, I wrote to ask him why he hadn’t disclosed all this to his readers.

Still no reply.

It’s true that numerous talking heads have exaggerated their qualifications and concealed their conflicts of interest and financial stakes when speaking in support of the defense. Judge Mike Heavey abused his oath of office to try to sway the process.

What’s different about Kassin is that, using his John Jay College aura, he has corrupted the scientific record with misinformation.

And he has done this, at least in part, with the goal of misleading an Italian court.  These dirty tricks are especially dangerous because most people, including judges, expect that what’s stated as fact in prominent academic journals is objective and true.

Kassin looks to us nothing like an academic here. He looks instead like a defense hired gun who (only in English and only in America) has repeatedly falsely accused police officers of serious felonies in how they questioned Knox as a witness.

If even a single complaint is lodged in Italy and Kassin cannot prove his 50 or so seemingly-spurious and very damaging claims, he could find himself facing years in an Italian prison for attempted obstruction of justice.

Kassin’s peers need to press him for the truth once and for all, and to stop him using his academic mantle illegally and academically unethically as a cloak for a sleazy defense campaign.

[Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]

 


Friday, July 27, 2012

Heads-Up To The Amanda Knox Forces: A Case Showing How Closely The US and Italian FBIs Co-operate

Posted by Peter Quennell



Meet Doctor Mark Weinberger.

That report about his arrest in Italy was broadcast in 2009. We last posted on him here.

Weinberger was apparently a wildly successful doctor who ran a sinus clinic in Indiana and lived a wildly affluent lifestyle a few milers north outside Chicago. In 2004 he disappeared off his large yacht which was then anchored at a Greek marina, and for six years his (very impressive) wife Michelle presumed he was dead.

In the meantime she had found out that he had actually been running a huge fraud, scamming health insurance and the US government via false billing and unnecessary surgery (often botched) for many millions. And that far from being left comfortably off, she was financially wiped out.

In 2006 in absentia she divorced Weinberger and started over.

In 2009 Weinberger was captured in the Alps by the Italian equivalent of the FBI and returned to the United States as soon as his extradition was requested. In perhaps 99 percent of all US-Italian extradition cases, the fugitives are handed over by both governments very promptly. This sure wasn’t any exception. 

Weinberger began to lose the first of numerous civil suits a year ago, and on wednesday he pleaded guilty to 22 criminal charges in federal court.

His prison term is set at ten years.

One moral of the tale apparently still not learned by Steve Moore and Bruce Fischer and their hapless ship of fools, so desperate for approbation, is this: much or most of the time it is the fine Italian equivalent of the FBI that they are misrepresenting and defaming.

In the past two weeks alone, we have seen new ramblings by Saul Kassin and Nigel Scott (engineered by Bruce Fischer) that to any informed lawyer are quite crazy. Kassin and Scott clearly didnt have the slightest idea WHO they were defaming or accusing of crimes.

Or how much more determined thier defaming makes the Italian FBI and other law enforcement agencies and the courts to give Amanda Knox (or Curt Knox or Edda Mellas) no special breaks.

The daffy Steve Moore first introduced this confusion way back here.  And of course Bruce Fischer, Curt Knox’s hotheaded chief hatchet man, sustains it up to this day.

Eighteen months ago, Chris Mellas (whose business in Seattle is doing well) sensibly recommended from Perugia that the Knox campaign should finally acquire some cool heads and some REAL experts, and toss the trouble-making grand-standers they had acquired over the side.

Perhaps predictably, Curt Knox (whose business in Seattle is doing badly) reacted red-faced and steaming, and shot this seemingly quite smart idea down. So the abrasive, misleading, very amateur campaign goes on.

***

Added. We are now told that Frank Sforza and David Anderson are in Seattle, and Sollecito will be there soon, to actually jack up the level of defaming in the RS and AK “we were the victims” books being written.

Wow. THAT is Curt Knox’s end-game?l He ran that one past Chris Mellas?  It seems universally believed in officialdom in Rome and Perugia that Curt Knox KNEW all along that Amanda did it. Apparently with good evidence.

What will he do if they charge him?
 


Friday, July 13, 2012

Rebutting Saul Kassin’s Substantive Claim Of Forced Confession

Posted by Fuji




This was first posted on 12 January 2011 (see 30+ comments under that post).  It shows in effect that EVEN IF the timeline on the night of Knox’s “confession” in which she actually blamed Patrick Lumumba resembled Saul Kassin’s fantasy timeline there is no sign that Amanda Knox is one of the very few with the “right” psycho-sociology to cave quickly under police interrogations.

My original post pre-dates by some month Dr Kassin’s erroneous, self-serving claims to Seattle radio and CBS 48 Hours, and by over a year his misleading KEYNOTE address (scroll down) to the John Jay College global conference last month (see page 31 of the program).

We don’t know yet when Saul Kassin’s submission to the Hellman court via Amanda Knox’s lawyers was made, or the nature of its impact on judges and jury, if any. Dr Kassin is welcome to try to explain all of Amanda Knox’s other “confessions” as described here. Also to try to explain all of Sollecito’s “confessions” as described here.

Meredith’s case is absolutely riddled with fabricated false myths. 

They are now found by the hundreds on some misleading websites, and they simply make experienced law enforcement and criminal lawyers laugh. 

For example “Police had no good reason to be immediately suspicious of Knox simply because the murder occurred at her residence”.  And “The double-DNA knife is a priori to be disregarded as evidence, because no murderer would retain possession of such a murder weapon.”

One of the most strident and widespread myths is that Amanda Knox’s statements to the Perugian investigators on 5 and 6 November 2007, placing her at the scene of Meredith’s murder, are to be viewed as the products of a genuinely confused mind imbued with a naïve trust of authority figures.

The apparent certainty with which many of Amanda Knox’s most vocal supporters proclaim that Knox’s statements are actual “false confessions” as opposed to deliberate lies is not supported by even a cursory reading of the pertinent academic literature regarding false confessions.

What actually are “false confessions”?

Richard N. Kocsis in his book “Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences” (2009), on pages 193-4 delineates three different kinds of false confessions:

First, a voluntary false confession is one in which a person falsely confesses to a crime absent any pressure or coercion from police investigators….

Coerced-compliant false confessions occur when a person falsely confesses to a crime for some immediate gain and in spite of the conscious knowledge that he or she is actually innocent of the crime….

The final type, identified by Kassin and Wrightsman (1985), is referred to as a coerced-internalized false confession. This occurs when a person falsely confesses to a crime and truly begins to believe that he or she is responsible for the criminal act.

The first problem facing Knox supporters wishing to pursue the false confession angle as a point speaking to her purported innocence is epistemological.

Although much research has been done on this phenomenon in recent years, academics are still struggling to come to terms with a methodology to determine their incidence rate.

The current state of knowledge does not support those making sweeping claims about the likelihood of Knox’s statements being representative of a genuine internalized false confession.

As noted by Richard A. Leo in “False Confessions: Causes, Consequences, and Implications” (Journal of the American Academy of Psychiatry and the Law, 2009):

Although other researchers have also documented and analyzed numerous false confessions in recent years, we do not know how frequently they occur. A scientifically meaningful incidence rate cannot be determined for several reasons.

First, researchers cannot identify (and thus cannot randomly sample) the universe of false confessions, because no governmental or private organization keeps track of this information.

Second, even if one could identify a set of possibly false confessions, it is not usually possible as a practical matter to obtain the primary case materials (e.g., police reports, pretrial and trial transcripts, and electronic recordings of the interrogations) necessary to evaluate the unreliability of these confessions.

Finally, even in disputed confession cases in which researchers are able to obtain primary case materials, it may still be difficult to determine unequivocally the ground truth (i.e., what really happened) with sufficient certainty to prove the confession false.

In most alleged false-confession cases, it is therefore impossible to remove completely any possible doubts about the confessor’s innocence.

The next problem Knox supporters face is that, even allowing for an inability to establish a priori any likelihood of a given statement being a false confession, the kind of false confession which is usually attributed to Knox is in fact one of the LEAST likely of the three types (Voluntary, Compliant, and Persuaded, as Leo terms the three different categories) to be observed:

Persuaded false confessions appear to occur far less often than compliant false confessions.

Moreover, despite assertions to the contrary, Knox and her statements do not in fact satisfy many of the criteria researchers tend to observe in false confessions, particularly of the Persuaded variety:

“All other things being equal, those who are highly suggestible or compliant are more likely to confess falsely. Individuals who are highly suggestible tend to have poor memories, high levels of anxiety, low self-esteem, and low assertiveness, personality factors that also make them more vulnerable to the pressures of interrogation and thus more likely to confess falsely…

Highly suggestible or compliant individuals are not the only ones who are unusually vulnerable to the pressures of police interrogation. So are the developmentally disabled or cognitively impaired, juveniles, and the mentally ill….

They also tend to occur primarily in high-profile murder cases and to be the product of unusually lengthy and psychologically intense interrogations… ordinary police interrogation is not strong enough to produce a permanent change in the suspect’s beliefs.

Most significantly, there is one essential element of a true Persuaded False Confession which in Knox’s case is highly distinctive:

To convince the suspect that it is plausible, and likely, that he committed the crime, the interrogators must supply him with a reason that satisfactorily explains how he could have done it without remembering it.

This is the second step in the psychological process that leads to a persuaded false confession.

Typically, the interrogator suggests one version or another of a “repressed” memory theory.

He or she may suggest, for example, that the suspect experienced an alcohol- or drug-induced blackout, a “dry” blackout, a multiple personality disorder, a momentary lapse in consciousness, or posttraumatic stress disorder, or, perhaps most commonly, that the suspect simply repressed his memory of committing the crime because it was a traumatic experience for him.

The suspect can only be persuaded to accept responsibility for the crime if he regards one of the interrogators’ explanations for his alleged amnesia as plausible.

Knox did not in fact claim drug or alcohol use as the source of her amnesia - rather, she claimed to have accepted the interrogators’ attribution that this was due to being traumatized by the crime itself, and she offers no other explanation for her selective amnesia:

This is from Knox’s statement to the court in pretrial on 18 October 2008 with Judge Micheli presiding.

Then they started pushing on me the idea that I must have seen something, and forgotten about it. They said that I was traumatized.

Of course, Knox’s initial statement went far beyond being that of being merely a witness to some aspect of Ms. Kercher’s murder, as the interrogators at first seemed to believe was the case.

Rather, her statement placed her at scene of the murder during its actual commission while she did nothing to avert it, which naturally made her a suspect.

In other words, in the absence of any of her other testimony which indicated that she was only a witness to the murder, her own self-admitted rationale for providing a false confession was that she was traumatized by the commission of the murder itself.

Perugia judges will be familiar with all of the above and we can be sure that they brief the lay judges on the remote circumstances and incidences of false confessions.

If I were a Knox defense attorney, I would find it to be a far more fruitful line of argumentation to argue that she was simply lying, rather than claiming the supremely unlikely provision of an actual internalized false confession.

**********

First posted by Fuji on 12 January 2011. Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.


Tuesday, July 10, 2012

Saul Kassin: An Example Of How The Knox Campaign Is Misleading American Experts And Audiences

Posted by The Machine





It has happened again and again.

Seemingly good, well-qualified lawyers and experts in police science have repeatedly been made to surface to spout inanities and wrong “facts” put out courtesy of Curt Knox’s “public relations” campaign.

It seems that Dr Saul Kassin is yet another of these naive dupes.


Who is Dr Saul Kassin?

The Social Psychology Network website states that he is a Distinguished Professor of Psychology at the John Jay Criminal Justice College in New York City. The website outlines his impressive academic credentials which include a Ph.D. from the University of Connecticut.

Curt Knox’s chief hatchet man Bruce Fischer, himself notoriously unqualified in every field relevant to the case who for a long time masqueraded pompously under a false name, claimed on his website that Saul Kassin gave help to Amanda Knox’s lawyers in Perugia.

Also that his work was presented to the court during the 2011 Hellman appeal.

Many may not know this but Sarah was instrumental in bringing Kassin in to analyze Amanda’s interrogation. His work was presented during the appeal..

The family had asked that we not release Kassin’s work to the public until they received clearance from the attorneys. I know I often state that this case is over but the attorneys rightfully want to keep everything professional until the Italian Supreme Court confirms Hellmann.

Last October, Saul Kassin did speak at length about Amanda Knox’s interrogation in an interview with John Curley on Radio Kiro FM.

In this post we’ll examine ten of the false claims which have long been circulated by Curt Knox’s campaign, with Bruce Fischer’s site as the central clearing house, and which were regurgitated by Saul Kassin in that interview.


False Claim 1: They brought her in for that final interrogation late at night.

No they didn’t.

Neither the police nor the prosecutors brought Amanda in for questioning on 5 November 2007. Amanda Knox herself testified in court that she wasn’t called to come to the police station on 5 November 2007.

Carlo Pacelli: “For what reason did you go to the Questura on November 5? Were you called?”

Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”

Amanda Knox went with Raffaele Sollecito because she didn’t want to be alone. Kassin’s false claim is the first red flag that Saul Kassin is very confused or has been seriously misled when it comes to this well-documented and well-handled case.


False Claim 2: The so-called confession wasn’t until 6:00am.

No it wasn’t.

If Saul Kassin had actually read Amanda Knox’s first witness statement, he would have known that it was made at 1:45am. Knox had admitted that she was at the cottage when Meredith was killed some time before this.


False Claim 3: She was interrogated from 10:00pm to 6.00am.

No she wasn’t.

According to the Daily Beast Amanda Knox’s questioning began at about 11:00pm.

Since Knox was already at the police station [in the company of Raffaele Sollecito] the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m.

After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. That was it.

However, Amanda Knox herself then wanted to make further declarations and Mr Mignini who was on duty on the night sat and watched while Knox wrote out her declarations.

Mr Mignini explained what happened in his email letter to Linda Byron, another who was factually challenged.

All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.

In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.

But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful.

According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.

Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.

In Amanda Knox’s written witness statement, she explicitly states that she’s making a spontaneous declaration:

Amanda Knox: “I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called “Le Chic” located in Via Alessi where I work periodically.



False Claim 4: They banged her on the back of the head.

No they didn’t.

All the numerous witnesses who were actually present when Amanda Knox was questioned, including her interpreter, testified under oath at trial in 2009 that she wasn’t hit. She has never identified anyone who hit her and on several occasions confirmed that she was treated well.

Even one of Amanda Knox’s lawyers, Luciano Ghirga, confirmed that Amanda Knox had not been hit: “There were pressures from the police but we never said she was hit.”  He never ever lodged a complaint.


False Claim 5: All the other British roommates left town.

No they didn’t.

The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. In chapter 19 of Death in Perugia, John Follain states that Sophie Purton was questioned by Mignini and Napoleoni in the prosecutor’s office on 5 November 2007.

Sophie had been counting on leaving Perugia to fly back home as soon as her parents arrived, but the police called to tell her they needed her to stay on; they would let her know when she could leave.



False Claim 6 : Amanda Knox stayed back to help the police.

No she didn’t.

This claim is flatly contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she categorically stated she was not allowed to leave Italy.

i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house

Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost reported the following conversation (The Massei report, page 37),

I remember having heard Amanda speaking on the phone, I think that she was talking to a member of her family, and I heard her say, No, they won’t let me go home, I can’t catch that flight.

It’s not the first time that the myth that Knox chose to stay behind rather than leave Italy has been claimed in the media. And incidentally, lying repeatedly to the police isn’t normally considered to be helping them.


False Claim 7: Amanda Knox had gone 8 hours without any food or drink.

No she hadn’t.

Reported by Richard Owen in The Times, 1 March 2009

Ms Napoleoni told the court that while she was at the police station Ms Knox had been ‘treated very well. She was given water, camomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.’

Reported by Richard Owen in The Times, 15 March 2009.

Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.

John Follain in his meticulous book Death in Perugia, page 134, also reports that Knox was given food and drink during her questioning:

During the questioning, detectives repeatedly went to fetch her a snack, water, and hot drinks including camomile tea.



False Claim 8: The translator was hostile towards Amanda Knox.

No she wasn’t.

Saul Kassin offers no evidence that the translator was hostile towards Amanda Knox and there is no evidence that this was the case. Nobody at the questura has claimed this. Amanda Knox’s own lawyers have not claimed this.

Even Amanda Knox herself has never ever claimed that Anna Donnino was hostile towards her although she had every opportunity to do so when being questioned on the stand.


False Claim 9: The translator was acting as an agent for the police.

No she wasn’t.

Saul Kassin offers no evidence to support this claim, which by the way in Italy is the kind of unprofessional charge that incurs calunnia suits. Do ask Curt Knox.


False Claim 10: The police lied to Amanda Knox.

No they didn’t.

The police didn’t mislead Amanda Knox. They told her quite truthfully that Sollecito was no longer providing her with an alibi, and that he had just claimed in the next interrogation room that that she wasn’t at his apartment from around 9:00pm to about 1:00am.

This also is the kind of unprofessional charge that incurs calunnia suits


Some Conclusions

Saul Kassin clearly hasn’t been directed to any of the official court documents like the Massei report, available in accurate English on PMF and TJMK, or the relevant transcripts of the court testimony.

Worse, he clearly hasn’t even studied Amanda Knox’s own witness statements before claiming to the media that they were coerced.

What he seems to have done is to fall hook line and sinker for the fantasy version of Amanda Knox’s interrogation which has been propagated in the media by Amanda Knox’s family.

He has then mindlessly regurgitated this false information in this interview. For somebody with Saul Kassin’s academic qualifications and educational background, it’s inexcusable that he gets so many facts wrong.

He needs to use much more reputable sources or, as so many other dupes before him have done, simply shut up. Of course, it would be professional for him to admit his mistakes.

He is welcome to do that right here.

[Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]


[Below: Dr Jeremy Travis the president of John Jay College of Criminal Justice in NYC]




Wednesday, July 04, 2012

The Hands Of Time Video With Screenplay By Amanda Knox - A Confessional Obsession?

Posted by Fly By Night & Thundering





Amanda Knox rarely, if ever, mentions her ‘close friend’, murder victim Meredith Kercher. Perhaps out of her self-proclaimed desire to ‘move on with her life’.

So the recent Hands of Time (H.O.T.) music video The Mistral Blows which was posted on YouTube with a screenplay attributed to the Seattle native is nothing if not astonishing.


Whilst there is some discussion as to whether Amanda Knox wrote the entire screenplay, or a section of it, or whether the screenplay was created through a merging of several versions, the screenplay is clearly attributed to her in the credits that appear on the video.

Crediting Amanda Knox with the screenplay is repeatedly emphasized by H.O.T. themselves who posted multiple Twitter entries:


And this screenplay does Amanda Knox and her claims of innocence in the brutal murder of Meredith Kercher no favours at all. 

Although provisionally ‘acquitted’ at the trial of second instance, Amanda Knox still stands accused of a capital crime, aspects of which she seems compelled to continue to portray in her various writings. 

The hapless band H.O.T. might be well-advised to disassociate themselves from this endeavour and drop the video like a hot potato.  The more-so as they have already burnt their fingers, tampering with the so-far elusive Brand Knox, finding themselves ‘forced to remove [clips of Knox dancing in Capanne] from the file, after a sudden, unexpected and “very strange” last-minute opposition from Amanda’s entourage.’

They state with a hint of bitterness:


The result?  A compromise.  The image of Knox dancing with carefree abandon in Capanne Prison (easily retrieved from other internet sites) remains, but is obliterated by a large ‘censored’ notice.


The reasons to attempt to disappear this video or, at the very least, any identifiable links with Knox, are abundantly clear to anyone having followed this dreadful case over the last four and a half years.

1) The video is riddled with allusions to the crime itself and features an easily-identifiable Amanda Knox as ‘heroine’ or ‘victim’ as she may now prefer to be seen and depending on how you look at it.

2) Any pre-book-release publicity will potentially devalue the carefully branded and preserved Amanda Knox product.

A cursory look at the video demonstrates the depraved audacity of the writer, a person who simultaneously insists she was found innocent of the crime of murder and of which she still stands accused.

The video features a Knox look-alike – recognizable by her clothing - in a prison-cum-house of horrors.


 

It opens with the heroine sitting down, colouring pictures in a prison cell.  Amanda Knox was reported to spend time colouring pictures of her hands whilst in prison.


 

From there she leaves the cell and embarks on a journey through a range of horrifying experiences, until she finally flees the house but not the prison to which she is eternally condemned.

As she runs through the house of horrors she encounters:

1) Ghost-like figures lurching out at her hinting at the night of Halloween before the murder and the ghouls and demons of the house of horrors both in which the crime took place and in which she is forever imprisoned.

2) A tall, faceless black-haired figure dressed in black carrying an umbrella resembling Meredith Kercher dressed as a vampire on her last night alive, the red belt reminiscent of the fake costume blood and the actual blood spilled the night of the murder.


 

3) A faceless butcher figure dressed in a blood-stained apron holding a knife, who hands her a maggot-infested apple, reminiscent of the photograph of co-accused Raffaele Sollecito as posted on his Facebook page.  The apple is suggestive of the poisoned apple offered by the witch to the innocent Snow White –


 

4) Or a subliminal suggestion of Raffaele’s guilt in handing her the infested and poisonous apple ….. Remember: she claimed Raffaele may have pressed the murder knife with Meredith’s DNA into her hand whilst she was sleeping.


 

5) A figure tied to a chair covered in a red cloth hinting of the pools of blood and of Meredith unable to move to defend herself.  As she reaches out to lift the red cloth the bound figure screams, sending her running out down staircases and steps and out of the house.

In the same way, witness Nora Cappezzali heard Meredith’s desperate, blood-curdling scream, followed shortly afterwards by running footsteps out of the house of horrors and onto the steel staircase near her home.


 

The video ends with the Knox look-alike remaining in prison.  Both real and imagined.


 

H.O.T. suggest that the video and screenplay are a means of documenting the tale of the events in Perugia and, of course, Amanda Knox hopes to chronicle the nightmare in which she ‘innocently’ found herself.  In so doing, she inadvertently describes the crime and the images, sounds and memories that will seemingly not leave her alone.

Not only are there many references to the crime, but there seems as well a clear jealous obsession with Meredith, given the numerous references and comparisons to Kristian Leontiou’s video Some Say in which Meredith hauntingly starred.

The Knox look-alike emulates Meredith from the Some Say video both in her dress and appearance as well as in her actions.  She descends an old staircase, appears in doorways and through arches reminding us of the shots of Meredith and the church of the ‘Some Say’ video. 


   


 


 

Emulation is a form of envy.  Guilty or innocent, it seems Knox cannot exorcise her memories of the crime, and remains compelled to depict it in screenplays and short stories.  Knox is seemingly still jealous of Meredith which had proved her original undoing.  Here, in a bizarre reversal of reality, Meredith becomes the foreboding, frightening presence, whereas Knox is the shocked and terrified victim. 

At a time when a tough Galati appeal to the Supreme Court and a $4 million book deal are on the table, the memory of Meredith and the crime seem to haunt and obsess Amanda Knox who may reveal a deep-seated need to confess.  But while still accused, Amanda Knox cannot afford to engage in such obsessive, confessional activity.

Could this prove to be her final undoing?

Posted on 07/04/12 at 05:55 PM by Fly By Night & ThunderingClick here & then top left for all my posts;
Right-column links: Crime hypothesesThe psychologyThe officially involvedAmanda Knox
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Tuesday, May 08, 2012

An Associate Of Knox PR Heavy David Marriot Has Been Bullying Meredith’s Father Online

Posted by Glinda The Good





Yet another example of Curt Knox’s abusive public relations campaign at work.

We have long heard that the PR run for Curt Knox by David Marriott in Seattle controls all the pro-Knox anti-Italy message everywhere. David Marriott unwisely claimed this, in fact, right after Amanda Knox returned to Seattle. See here.

The PR is said to abuse reporters who dont go along, reward those that do, and fan out nasty commenters around the web to post selling points under various false names. It presumably does that to make the movement look spontaneous and big. An expanding but questionable technique which goes by the name astroturfing.

Every month more evidence piles up, suggesting that online comment threads and forums are being hijacked by people who aren’t what they seem.

The anonymity of the web gives companies and governments golden opportunities to run astroturf operations: fake grassroots campaigns that create the impression that large numbers of people are demanding or opposing particular policies. This deception is most likely to occur where the interests of companies or governments come into conflict with the interests of the public. For example, there’s a long history of tobacco companies creating astroturf groups to fight attempts to regulate them.

After I wrote about online astroturfing in December, I was contacted by a whistleblower. He was part of a commercial team employed to infest internet forums and comment threads on behalf of corporate clients, promoting their causes and arguing with anyone who opposed them.

Like the other members of the team, he posed as a disinterested member of the public. Or, to be more accurate, as a crowd of disinterested members of the public: he used 70 personas, both to avoid detection and to create the impression there was widespread support for his pro-corporate arguments. I’ll reveal more about what he told me when I’ve finished the investigation I’m working on.

The Knox PR astroturfing operation now has Meredith’s father John Kercher and his fine new book in its crosshairs, and for some days it has been raining contemptuous abuse. .

Officialdom in Perugia and Rome and the Italian Supreme Court all seem to know that the Knox-Mellases KNEW Amanda Knox was involved in the crime against Meredith almost as soon as they arrived in Perugia, and that they have been trying to cover that up ever since.

The PR scheme had already swung into operation by then, but the Knox-Mellases made the fateful choice to stick with it regardless, instead of maybe more wisely switching off the PR and turning to a good American lawyer to spread the word instead. Curt Knox recently claimed, before Amanda’s “innocent” persona started to implode, that using PR was one of the best choices he ever made. 

This image above is of Seth Chandler, the managing director of Axolotl AB, a public relations firm linked to David Marriott’s which does the usual advertising, copy doctoring, social media campaigning, and so on. The image was captured online before it was hurriedly disappeared.

Seth appears to be the same chap caught red-handed the other day propagating the all-too-familiar FOA selling points while sliming the family of Meredith, who is the real victim here. Under an article on Worldcrunch which reported the imminent release of John Kercher’s book “Meredith” Seth Chandler was observed repeatedly posting that John Kercher (and others there trying to explain the truth) should simply STFU..

With only a couple of exceptions, real names of identifiable people are not used by the PR.  We’ve seen them, we’ve read them, but this appears to be only the second time (after “Bruce Fisher of New York”) that one of the anonymous PR operatives/contractors has been exposed for what and where he is. Perhaps we might expect a few more.

For four years in the US and the UK, with big money at stake, the operatives have bashed Italy, the Italian justice system, Italian culture, and the Italian law enforcement agencies involved in the case. The operatives have slimed the Scientific Police, the prosecutor Mr Mignini, the prosecutor Ms Comodi, the British press, the Italian press, the Kerchers’ lawyer Mr Maresca, and all the prosecution witnesses.  In various postings they have accused many of these people of crimes, an imprisonable felony in the US.

They have bashed the lay judges in the court because they wear their tricolour sashes routinely as a badge of office. They have claimed that this is an anti-American display. They have decried the Italian courtroom because behind the lead judge a crucifix hangs there.

The operatives have thrown mud at anyone they perceive as dangerously surfacing any hard truth about the case. Respected journalists have received exceptional abuse. Any perceived enemy not so much of Amanda Knox herself as the defense narrative of the murder and the legal processes can expect to get roughed up.

So it’s quite a game-changer when Seth Chandler, or “Seth C” as he now wants to be known, the managing director of Axolotl PR, is apparently caught red-handed telling John Kercher to STFU.  Seth Chandler has claimed as he tried to wriggle off the hook that “no one paid” him to say STFU, and that anyway PRs would never say such a thing. Really? But the abuse was right there in his name.

Seth Chandler also works for Electrolux. Its competitors are are Dyson, and LG. I wouldn’t imagine that he employs the same tactics for firms, though I haven’t yet checked his Amazon customer reviews.

Shame on Seth Chandler - and on Curt Knox, whose vile temper reverberates throughout this case and some increasingly believe sent Amanda Knox over the top.

Posted on 05/08/12 at 09:35 PM by Glinda The GoodClick here & then top left for all my posts;
Right-column links: Defendants in courtAmanda KnoxThe officially involvedHoaxes Knox & team20 No-PR hoaxHoaxers from 2007Knox-Mellas teamMore hoaxers
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Tuesday, March 13, 2012

In Desperation A Council Of War? All Of The Sollecito Family Suddenly Hop On Flights To Seattle

Posted by The TJMK Main Posters




What’s going on here?

Sollecito has been in Los Angeles working on a book with a shadow writer. His father has said very firmly several times that Sollecito and Amanda Knox are through. Finito.

But Italian media are suddenly reporting that Sollecito is hopping on a plane for Seattle. And that his family, seemingly in a panic, is high-tailing it after him.

Are both families really nervous that the two will get back together for better or (probably) worse? Or is this a council of war between the Sollecitos, Knoxes, and Mellases?

Actually, this meet-up is no surprise at all to the close case watchers in Italy. They were wondering how else the two families and their loose-cannon kids could make it through the minefields ahead.  They seem to be facing a five-problem agenda.

Problem One For Discussion

The most immediate problem for the two families is described in the box at the top of the page here. Curt Knox and Edda Mellas are headed for a civil trial brought by aggrieved police, seemingly without an ounce of proof on the family’s side other than any testimony from Amanda Knox herself under cross-examination (for the first time) on the witness stand. 

Almost simultaneously the Sollecitos (five of them) are headed for a CRIMINAL trial for illegal release of evidence and attempted political interference which could eventually land them in prison. The two charges against them seem pretty cut and dried with hard evidence on film and audio tape to which they have not so far offered even a sliver of a rebuttal.

Problem Two For Discussion

The second problem is that officialdom in Rome and Perugia seem to almost universally believe that the two families have all along known that both of their kids were somehow involved in Meredith’s murder. Some of the suggestive evidence is out there in broad daylight and we suspect that prosecutors may be holding back more.

Contrary to the claims of Amanda Knox’s supporters that prosecutors maliciously threw the book at the defendants and their tribes to somehow save face, the truth is that prosecutors stopped short of taking all of the possible actions open to them. 

For example they turned down an offer by Guede to testify fully at first trial (after which he was beaten up in prison and reduced to a jelly which must have pleased him no end) and they seem to know more than they are saying about hard drugs - Knox apparently had a cocaine dealer’s number in her mobile phone. Also they chose not to investigate any of the rumors and backstories in Seattle which US prosecutors might well have done.

In the Sollecito case they may have felt they had no choice but to proceed. The released evidence tape showing Meredith’s naked body was repeatedly broadcast nationally, and the Carabinieri and Rome police are both involved in the political meddling component. Bari prosecutors will of course be trying the case.

Problem Three For Discussion

The third problem is that Judge Hellman has done the families no favors. On the day after he issued his verdict he contradicted himself in an unhelpful way. Then he published an emotional report explaining the surprise outcome of the first appeal which is short on logic and correct law, and full of innuendo and bizarre intellectual leaps.

PMF and TJMK will be posting a careful translation of the Hellman report with a full analysis of its weaknesses soon.

Problem Four For Discussion

Chief Prosecutor Galati has already filed a formidable Supreme Court appeal against the first appeal outcome, which argues in part that (1) the scope of Hellman’s report was illegal overreach; and that (2) his appointing of the two independent DNA experts was more illegal overreach. 

As it has done in many other cases in the past, the Supreme Court might send the outcome of the first appeal back to Perugia to be corrected just as soon as it reads that.

And if it reads further, it cannot help but note that Judge Hellman has brushed right by hundreds of questions that still remain open. The Supreme Court has ALREADY rejected Judge Hellman’s hypothesis that Rudy Guede broke in and attacked Meredith all by himself. It has sided with Judges Massei and Micheli that there were actually three perpetrators. 

Problem Five For Discussion

The blockbuster book offers required to pay for all this new legal action seemed very short on due diligence in the context of the calunnia minefield that Italian law creates for writers and publishers. Did the writers and publishers even know about that? 

Past explanations and alibis from Knox and Sollecito have repeatedly contradicted one another’s.  At one point, each seemed to be accusing the other of the crime. At trial, Knox seemed to want to talk all the time, while Sollecito barely ever said a word. Now we are seeing the exact opposite. Sollecito seemingly cannot keep quiet to save himself, while Knox seems petrified and terminally tongue-tied.

Their books are going to need to be line-by-line supportive of one another, and they will be disasters if they rely on slamming Italian officials and moping (Knox’s apparent angle) or on denying all the hard evidence and moping (Sollecito’s apparent angle).

There will be cancellation clauses in the publishers’ fine print, and what they are we may all soon find out.  From the two families’ point of view, this entire landscape must look very nasty and foreboding. An ill-advised legal and PR strategy has led them into this minefield.

Not surprising that they now find a sudden need to chat.


Monday, February 20, 2012

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

Posted by Peter Quennell





HarperCollin’s parent company News Corp itself continues to be a major news items, especially in the UK.

Rupert Murdoch’s News Corp vehicles have had a history of racy reporting and and right-wing-party support, and now both are rather on the outer. The investigations in London into phone tapping and bribing of police for stories seem only to be getting worse.

As a result NYC-based News Corp and its minions, perhaps including HarperCollins (Jonathan Burnham is one of Rupert’s talented British imports to New York) might be making some risky or unwise moves.

Okay. Back to the stock charts once again to see what the collective voting wisdom of informed investors may be telling us about this.

News Corp cannot be compared directly to Lagadere the parent company of Hachette which is soon to publish John Kercher’s “Meredith” as the Paris-based Lagadere is not listed on the New York exchange,

So here above we show the stock for Penguin Publishing’s parent company Pearson instead. It is a good surrogate as Lagadere and Pearson are the world’s two most successful and fastest-growing publishing groups.

What does the chart above tell us? (Click it for a larger version.) The green curve is the Dow Jones index, which is the stock exchange’s large-company average.

  • Over the five years shown Penguin’s parent Pearson (red curve) is UP around 20% compared to the average.
  • Meanwhile HarperCollins’s parent News Corp (blue curve) is DOWN an amazing 30 percent compared to the average.

That 30 percent down represents a drop of over FIFTEEN BILLION DOLLARS in five years in the market value of the parent company. Very worrisome for the hard-pressed Mr Murdoch and the increasingly edgy News Corp stock holders.

And who knows? Maybe it helped inspired Mr Burnham in his office a few blocks away (he surely owns the News Corps stock and wants the whole company to gain) to go for broke on the Knox book with $4 million down.

Did any of the main media reporting on the book (over 200 hits on Google News) happen to mention this?!

Posted on 02/20/12 at 08:38 AM by Peter QuennellClick here & then top left for all my posts;
Right-column links: The officially involvedNews media & moviesMedia newsAmanda KnoxMore hoaxers
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Sunday, February 19, 2012

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

Posted by Peter Quennell





Iain Hollingshead has written a fair and balanced piece in the Daily Telegraph. It contains quite a few notes of caution for HarperCollins:

1) Iain Hollingshead has this restrained Anne Bremner comment from her side though it fails to mention the million-dollar-plus PR campaign that has so many people addled on the real evidence; a pity Iain Hollingshead didnt press her.

“No one here has lost sight of the enormity of the fact that Meredith was killed,” says Anne Bremner, a Seattle-based lawyer and a spokeswoman for the Friends of Amanda Support Group. “But there’s widespread belief in Amanda’s innocence. And when something horrible happens, people all over the world are interested in how you get through it.”

Something horrible happened to Meredith too, of course - and she didn’t get through it. Anne Bremner might press Amanda Knox to make sure to answer in her book the several hundred open questions.

2) Then Iain Hollingshead quotes a London agent who is saying, like other agents and publishers, that HarperCollins sure seems to have taken on a risky publishing venture:

A positive balance sheet is far from guaranteed, however. “I think it’s very risky money,” says Ed Victor, the London-based literary agent whose clients range from Keith Richards to Alastair Campbell and Frederick Forsyth. “But all advances at that level are risky. A lot will depend on whom they hire as the collaborator. It has to be written well.”

3) Also Iain Hollingshead points out what many others have previously pointed out which is that that Knox is not really known for good prose or interesting writing:

HarperCollins hasn’t released the name of the ghostwriter, but one imagines they will have their work cut out. Not only is the book scheduled for publication early next year, they will also have to tread the fine line of polishing Knox’s prose without losing her voice. Although Knox is said to have harboured long-standing dreams of becoming a writer, extracts from her prison diaries – some of which were given to investigators in an attempt to clear her name and were later leaked to newspapers – suggest that she has a little way to go. One poem read: “Do you know me? Open your eyes and see that when it is said I am an angel, or I am a devil, or I am a lost girl, recognise that what is really lost is: the truth!”

By the way, Mr Burnham of HarperCollinws is widely quoted as saying that Amanda Knox’s side of it is the only one still to come out.  He seems to think that her side of it is still a mystery, and that the world is holding its breath.

Really?!

She seems to be one of the most widest quoted perps or suspected perps or non-perps in all history. In fact, she talked so much in the early days that her own lawyers had to publicly caution her to stop piling wrong explanations on wrong explanations.

There are her letters and her emails and her diaries and her notes to police and prosecutors. Plus long quotes from her in books by for example Rocco Girlanda. Plus her two full days on the witness stand. Plus half a dozen major statements to the trial court and appeal court. Plus a few hundred quotes from her family on her behalf. Plus her whole raft of alibis.

Often (when her parents and lawyers are not shushing her) she seems to be digging herself in deeper. Which elements of her story does Mr Burnham think we are all waiting for?

4) Also (although Iain Hollingshead fails to mention John Kercher’s book due in April and may not know about it) he points out that Meredith is the real victim in this case and a very sympathetic one especially in the UK.:

In the British market, Knox’s book will face far greater challenges than the quality of her ghosted prose. “I don’t think the book will be huge here because a lot of British sympathies are with the British victim,” says Victor.

5) Also Iain Hollingshead points out that when there is a sympathetic real victim there is little evidence that the perp or framed perp (dont they all claim they are framed?!) sells a lot of books:

The interest in the O J Simpson case, for example, did not lead to good sales for his book, If I Did It. And while many pundits are comparing Knox’s book to Jaycee Dugard’s A Stolen Life, the memoir of the Californian girl held against her will for 18 years which has sold more than a million copies since last July, Victor thinks the comparison unhelpful. “She was the victim of a crime, not the putative perpetrator of a crime,” he says. “And that’s a big difference. You could say she was the victim of a miscarriage of justice – but so are a lot of people.”

6) And Iain Hollingshead shows us that Andrew Gumbel, Sollecito’s ghost writer, is pretty uninformed on the case.

We will now be able to watch him having a tough time writing on the hard evidence and the fair Italian system and the real character of the druggie loner Sollecito. Assuming that Mr Gumbel hasn’t made up his mind:

“The book will be a lot of things: a love story, a harrowing description of an innocent young man in prison, a full-blooded Italian family drama, and a legal thriller,” says Gumbel. “But these are not the only reasons I got involved: what happened to Raffaele and Amanda was inexcusable and unconscionable and my intention is to get to the bottom of exactly why they were targeted.”

Gumbel denies he’s cashing in on a brutal murder. “I know that, in Raffaele’s case, no day has gone by without him thinking of Meredith and the hell her family has gone through,” he says. “We are not ‘cashing in’ on her death, but rather illuminating the way the Italian police and judiciary compounded the tragedy by throwing two young people into prison for no good reason. Their stories – both their stories – deserve to be heard and I believe it is important that they are.”

Cashing in on Meredith’s death? No, the thought never even occurred to us. Image of the accusatory and under-researched Mr Gumbel below. Keep on his tail Mr Hollingshead.

7) We would have liked Iain Hollingshead to touch on the risks of calunnia for HarperCollins, but to be fair to him it is doubtful he knows what in the very fair Italian system that defense for those unfairly attacked means.

Mr Burnham and Mr Gumbel seem to be setting themselves up nicely to find out.

[Below: Sollecito ghost writer Andrew Gumbel; and Sollecito book agent Sharlene Martin]

Posted on 02/19/12 at 09:07 AM by Peter QuennellClick here & then top left for all my posts;
Right-column links: The officially involvedNews media & moviesGreat reportingMedia newsAmanda Knox
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Friday, February 17, 2012

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

Posted by Peter Quennell



[Above: the seemingly hornswoggled Jonathan Burnham and Claire Wachtell of the HarperCollins house]


One publisher who passed on the Amanda Knox book then came here to read and told us he was rather shocked.

All the publishers going in to the auction were apparently not briefed by the Knox huckster team about the legal minefield this case still continues to represent. It may not have mattered to HarperCollins of course. It was HarperCollins that published OJ Simpson’s notorious “If I Did It” and they seem to have come out ahead.

One of the quirky outcomes of the Simpson venture the Amanda Knox team might like to draw a lesson from is that the “If I Did It” book (written by a ghost writer for Simpson, and as one Amazon reviewer said “chock full of omissions”) directly fueled the public anger that helped to put Simpson behind bars for a long time.

Typical of the hyper-cautious Italian system, this case is passing through three automatic phases like a three-act play.  The Knox team can beef now about harassment and double jeopardy, but they have filed their own Supreme Court appeal, and it is written into the Italian constitution that no verdicts and sentences that are appealed are final until the Supreme Court signs off.

Act One

Act One started early in 2009 three months after Guede’s trial and we all saw as reported here on TJMK a very speedy and precise presentation of the prosecutions’ case. This was followed by the spectacle of Amanda Knox doing herself considerable harm in her two days on the stand. Thereafter through autumn and well into winter 2009, a weak and faltering defense was presented, with several court days simply cancelled because the defense could think of nothing more to say.

Judge Massei’s jury then quickly came to a unanimous verdict and he wrote up the reasons for it in an excellent 425-page report. He differed in only one major respect from Judge Micheli who in October 2008 concluded that Amanda Knox had organized and led the pack against Meredith and that Rudy Guede was unwittingly or accidentally drawn in to her torture and murder. (He still handed Guede 30 years.)

Judge Massei didnt cover the Rudy Guede evidence in nearly the same depth as Judge Micheli (Guede was only briefly in the Massei courtroom, and because Mr Mignini would not do a deal he barely spoke). In rather a stretch, Judge Massei argued that Guede set the escalation in motion which resulted in Meredith’s death. Few of us believe that.

UK and US lawyers have told us that under US and UK rules it is very unlikely that any judge would have then allowed the case to go to appeal. Knox and Sollecito would have served out their time and possibly emerged much better off for it - you can see the ugliness flowing back into them now..

Act Two

Act Two in 2010-11 saw the playing field becoming increasingly tilted. Mr Mignini happened to catch on tape a Florence prosecutor lamenting that the Monster of Florence cabal for which Doug Preston is such an eager beaver was tying his hands. The Florence prosecutor then sought to get his own back by taking Mr Mignini to court.

All sorts of amateur second-guessers on the evidence now got into the act, and few outside Italy any more had a firm command of the actual hard facts. It is rumored that Judge Hellman may have had a bias even before he ever got involved with the case. Mention of Meredith was almost nowhere to be found, and there was a constant drumbeat for Sollecito and Knox kept alive by their families and the US media and the MP Rocco Girlanda.

Helping the defenses was that soon after Meredith’s death the defenses played one huge trick. They failed to show up when Dr Stefanoni did her DNA tests. That then allowed them to impugn and slur her and her work with no hard evidence to hand. This rose to a crescendo when Judge Hellman’s two under-qualified consultants reported at appeal.

Amanda Knox still ended up being handed three years in prison, but with time served Judge Hellman released the two “young people” which was a verdict that to very few informed Italians made sense. 

Act Three

Act Three starts with legal terrain that looks very different. Dr Galati has set the stage for a very, very tough third act, and he is making quite sure this time that the playing field is not tilted by any further monkey tricks. No wonder the publisher mentioned up top is surprised though. .

  • NOT ONE non-Italian media source has made it clear that the Umbria regional prosecution office has a very special and prestigious status in Italy as the prosecution office that takes on cases against officials and politicians in the Rome government, so that the Rome police and prosecutors avoid conflicts of interest..
  • NOT ONE non-Italian media source has explained who Dr Giovanni Galati really is. He could rightly be described as the most experienced and respected and capable of all Italy’s 24 regional chief prosecutors. He was a Deputy Attorney General with the Surpreme Court in Rome before his assignment just over a year ago to Umbria, and unlike the main Knox and Sollecito lawyers he knows the internecine Supreme Court rules and ways of addressing Italian law like the back of his hand.
  • NOT ONE non-Italian media source has explained what we have reported in the four posts just below: that Dr Galati is stating that Judge Hellman BROKE ITALIAN LAW in two make-or-break respects. Judge Hellman is seen to have extended the appeals court’s terms of reference in ways that he is forbidden to do.  And he introduced the DNA consultants which (as Mr Mignini several times argued) he was also forbidden to do.

Amanda Knox and Raffaele Solecito now face the fights of their lives. The last thing they need in this shark tank is a couple of biased self serving books “chock full of omissions” and anti-Italy smears.

They will almost certainly have to get up on the stand under oath and cross-examination and try to explain their scenario in a context where they each have contradicted and even accused one another. Their lawyers may be okay at trial or first appeal level but they are very outclassed by Dr Galati at this third level and it would seem the Knoxes, Mellases and Sollecitos would be best served to find new (very expensive) Supreme Court teams

Italians on the whole are angry and humiliated at the ill-argued first-appeal outcome. Judge Hellman seemed to show biases that he really should not have. Dr Mignini is back to being in the clear in his case as it was ruled (rightly) that the Florence prosecutors did not have jurisdiction over him. The Supreme Court took a very firm position in December 2010 that Rudy Guede did not act alone. The defense star witnesses Alessi and Aviello that might help accomodate to this have imploded, and both may face trials of their own.

A pretty grim portrait of Amanda Knox both prior to Meredith’s murder and while Knox was in Capanne prison is not hard to find in Perugia from multiple sources. If a devastating “Real Amanda Knox” book is not inspired by the HarperCollins book, we will be surprised, and it could sell more than hers. And if the slightest defamation about anyone in Perugia appears in the AK book, then HarperCollins will have the great joy of finding out what “calunnia” means.

President Obama and Senator Cantwell both have tough elections on their hands and Hillary Clinton and the Rome Ambassador David Thorne (an Obama political appointee) will need to be in ultra-careful mode this time around. Amanda Knox and her parents and Sollecito’s parents all face separate trials coming up. Rabid books will not help any of them there.

And in April the likeable book “Meredith” by her father John will be published - by a global publisher (Hachette) five times HarperCollins’s size.

Posted on 02/17/12 at 01:21 PM by Peter QuennellClick here & then top left for all my posts;
Right-column links: The officially involvedNews media & moviesMedia newsAmanda KnoxKnox-Mellas teamMore hoaxers10 Mignini MOF hoaxKnox Book
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