All our posts on Amanda Knox
Friday, March 14, 2014
On Saul Kassin: Our Letter To Dr Douglas Starr Who Wrote An Effusive Profile In The “New Yorker”
Posted by Peter Quennell
We would like to take issue with your article “The Interview: Do police interrogation techniques produce false confessions?” in the Dec 2013 New Yorker.
Specifically the effusive passages on the New York psychologist Saul Kassin. Dr Kassin was a hired gun in the annulled 2011 appeal of the Amanda Knox case in Italy. In our assessment he has widely conflated the defense’s (spurious) position he was paid for with an objective academic analysis.
Our posting community consists of professionals in legal and criminal-science fields, and we have quite detachedly uncovered over 50 false claims in Kassin’s widely-promoted papers and TV and conference appearances. The presumed intent of those was to spark more paid court business and more academic advancement.
Amanda Knox was confirmed guilty for lying about her so-called confession a year ago by the Italian Supreme Court, and her sentence of three years was confirmed. This is the same “confession” Kassin builds huge castles upon, the false accusation which had placed an innocent man in jail for three weeks, during which time Knox never recanted.
So exactly what is left standing of Kassin’s position today is hard to discern. However, instead of exposing him and chastizing him, your New Yorker piece seems to have set out without due caution - no buyer-beware - to make your readers respect and associate with him.
This matter isnt over in Italy, because those many framed by Kassin are unhappy about baseless claims of illegal acts presented at a global John Jay College conference and many other forums and tv shows. Any one of those who feel impugned can trigger a felony investigation for poisoning American opinion in an attempted obstruction of Italian justice. Out of which, Kassin might find himself fighting charges incurring possible prison time.
If credible crime experts here in the United States such as yourself now come down in support of those falsely impugned in Italy, and in rejection of Kassin’s categoric false claims, it might assist to defuse a tense and ugly situation, and might keep Kassin’s legal troubles to a minimum. We dont speak on behalf of the officers framed in Italy but we might have some sway as we accept no payment from anyone and are widely trusted there.
We would like to ask you to read these various posts explaining where Kassin went wrong, particularly the fourth one, and then decide what you might like to do. It would be good if this could include inserting an addendum into the New Yorker explaining that due caution should be observed toward Kassin’s claims.
- 1. Includes a court-accepted widely-confirmed description of the Knox interrogation
2. An Example Of How The Knox Campaign Is Misleading American Experts And Audiences
3. Post Of Jan 2011 Rebutting Kassin’s Substantive Claim Of Forced Confession
4. Correcting Saul Kassin’s Massively Inaccurate Description Of Amanda Knox’s So-Called Confession
5. Passage from Amanda Knox Book Quoting Kassin As Explaining Her “Mental Condition”
If it would help I will need to be soon in Boston and could sit with you. I can also suggest several experts that you might like to consult with.
Editor True Justice
Archived in Diversion efforts, The Knox-Mellases, The "profilers", Amanda Knox
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Friday, February 21, 2014
The US Lacks Legal Authority To Decline To Deliver A Guilty Knox To Italian Authorities
Posted by TomM
Recent reporting on whether the US would extradite Amanda Knox continues that tradition, ranging from assertions that “sources” within the State Department say they would never extradite her, to claims that the risk of extradition is real, but that the Secretary of State has the discretion to refuse to extradite.
If the Secretary of State actually has this discretion, it must be grounded in the law.
That means it must be found in the Constitution, or in an act of Congress, or in a treaty—all of which constitute the “law of the land”. Beyond authorizing the President to make treaties, with the consent of two thirds of the Senate, the Constitution sheds no further light.
The only act of Congress dealing with extradition of US citizens is Title 18, United States Code, section 3196; a bit of background first.
There is no uniform US extradition treaty. Each treaty is separately negotiated with the other sovereign nation. Historically, many of the treaties entered into by the US contained clauses providing that neither country was obligated to extradite its own citizens.
Notwithstanding this, the US had extradited US nationals on the basis of discretion to extradite even though extradition was not required by the language of the treaty. But in 1936 the US Supreme Court held that if the treaty does not “obligate” the requested party to extradite its own citizens, the Secretary of State does not have the discretion to deliver the person sought to the requesting country. [Valentine v. United States ex rel. Neidecker 299 U.S. 8]
In 1990, Congress passed 18 U.S.C § 3196, captioned “Extradition of United States citizens:”
“If the applicable treaty or convention does not obligate the United States to extradite its citizens to a foreign country, the Secretary of State may, nevertheless, order the surrender to that country of a United States citizen whose extradition has been requested by that country if the other requirements of that treaty or convention are met.”
That is the full extent of Congressional action on extradition of US citizens; there is no Congressional grant of discretion to the Secretary of State to decline extradition in the face of a treaty obligation.
Some US extradition treaties contain clauses that give the requested country the discretion not to extradite its own citizens; perhaps that is where the idea that the Secretary of State has discretion not to extradite Knox comes from.
Here, for example, is a clause from the US-Sweden treaty:
“There is no obligation upon the requested State to grant extradition of a person who is a national of the requested State, but the executive authority of the requested State shall, subject to the appropriate laws of that State, have the power to surrender a national of that State if, in its discretion, it be deemed proper to do so.”
The treaty with Italy is short (ten pages) and written in plain language. The treaty has commences with Article I, captioned “Obligation to Extradite”:
“The Contracting Parties agree to extradite to each other, pursuant to the provisions of this Treaty, persons whom the authorities of the Requesting Party have charged with or found guilty of an extraditable offense.”
The cover letter of the Secretary of State to then-President Reagan explains: “Article I obligates each State to extradite to the other, in accordance with the terms of the Treaty, any persons charged with or convicted…”. (emphasis added)
There are mandatory grounds for refusal, such as political or military acts, double jeopardy (if the person sought has already been tried by the requested State for the same offense), or if the prosecution or penalty is time-barred in the requesting State.
There is just one discretionary ground: if the country requested is also prosecuting the person sought for the same act.
Article 4 provides:
“A Requested Party shall not decline to extradite a person because such a person is a national of the Requested Party.”
Thus, any discretion to deny extradition implied by 18 USC 3196 has no application to requests made under this treaty. Further, although some appellate cases have treated some issues regarding extradition of nationals differently, they fairly firmly hold to the difference in the meaning of mandatory words like “shall” and “obligate” on the one hand, and discretionary or permissive words like “may”.
Comments to the effect that the US has declined extradition to Italy in the past are superficial and uninformed.
The first illustration such commentators cite is that of the Air Force pilot who severed a ski lift cable, causing multiple deaths. That was not an extraditable offense under the treaty because of double jeopardy; the pilot had been court martialed. Although his acquittal enraged Italians, the pilot had already been tried by the US, and thus his case fell under the mandatory ground to denial of extradition specified in the treaty.
The other example mentioned is that of the CIA operatives who were prosecuted in absentia for the abduction of Abu Omar in Milan. The Italian Minister of Justice refused, during both the Berlusconi and Prodi administrations, requests of the Milan court to commence extradition proceedings. In Italy, the courts and the government are independent, and the courts lack power to compel government to make a request for extradition.
Even if the Italian government had made an extradition request, there is at least a colorable argument to be made that this was in the nature of a military act in the US war on terror, thus constituting a mandatory ground of refusal.
Thus, if Italy requests the extradition of Amanda Knox, the US lacks legal authority to decline to deliver her to Italian authorities. If the US government wants to avoid extraditing her, it will have to rely on diplomacy rather than law. In other words, it will need to convince the Italian government not to make an extradition request in the first place.
Archived in Italian justice v others, Officially involved, Appeals 2009-2015, Florence appeal, Knox extradition, Diversion efforts, The Knox-Mellases, The many hoaxes, No-extradition hoax, The wider contexts, American context, Amanda Knox
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Wednesday, February 12, 2014
In Italy The Faux Self Pity Of Knox And Sollecito Is Increasingly Becoming A National Joke
Posted by Peter Quennell
Meet Amanda Knox the Perugian Chipmunk version.
Knox’s Facebook page is also being satirised and ridiculed (one message there reads “Perugia Hates You”.) Some may actually believe the rumor that Knox is shopping herself around for salacious movies.
Sollecito being nabbed at the Austrian border because of a quick tip to the police also inspired sarcastic humor in Italy, and several journalists have come up with questions to challenge Sollecito when he gets on the stand, as he so desperately wants or says he does.
We expect some more Italian satire (and maybe not only Italian) and will report on that as well, as this long-needed and much-deserved hit-back against dishonest pandering to media audiences could prove an important trend.
If satire proves the way to stop RS and AK babbling lies daily about the case and Italian justice via every craven media outlet, then well done Italy!! Nothing else seems to work to shut the two up, although their false claims and smears could constitute obstruction of justice.
If Knox and Sollecito want to avoid being spoofed, they have two very easy ways to do so: (1) shut up and avoid the media, or (2) stick to telling the truth.
Archived in Diversion efforts, The Knox-Mellases, Knox's book, The Sollecitos, Sollecito's book, Reporting on the case, The wider contexts, Italian context, Amanda Knox, Raff Sollecito
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Monday, February 03, 2014
Guide For Smart Media: Note Extensive Hard Evidence In Exceptionally Fair, Careful Legal Process
Posted by Media Watcher
Vital media history in 2009
In Italy and Europe generally the guilt of the two is almost universally perceived.
One reason is that although about 1/4 of the trial in 2009 was behind closed doors (quite the opposite of the “tabloid storm” and “show trial” Americans have been told about) Italians in particular got to find out about the long (15 minutes), remorseless, highly sadistic attack on Meredith.
Late in the attack, she let out a huge scream. It may have been then that Knox forced in the final stab. At the end Meredith was left lying on her back on the floor, in immense pain, with her hands clutching her neck, trying to stop the life-blood running out.
Meredith had been undressed post-attack, her phones had been removed to stop her calling for help, and her bedroom door was locked. Cruel and barbaric in the extreme.
US reporting from trial in 2009 was actually for the most part good. Andrea Vogt and John Follain and Barbie Nadeau and Ann Wise all did exceptional jobs. Even one of Seattle’s own newspapers (Hearst’s Seattle PI) ran many unflinching reports.
Italy’s foreign media portrayed a sharp and incisive prosecution, a defendant (Knox) who was a disaster in her two days on the stand, and a floundering, half-hearted defense, which was really spinning its wheels.
Vital media history in 2010
It was only in 2010, after trial, with an automatic appeal coming up, that the defense campaigns (acting largely illegally under Italian law) took advantage of a number of quirks in the situation to try to dupe Americans into believing the conviction was flawed.
The Italian system speaks mostly through its public documents, not police or prosecutors or judges, and the 2009 trial judge (Massei) issued a superb, very long explanation of why guilt was found, in Italian, in Spring 2010.
This compelling Italian document was posted online in Italy by the Justice Ministry in Rome, and widely read and summarised in the media in Italy itself. And so the logic and legitimacy sunk in.
In the United States, in sharp contrast, not one media outlet translated that report. Not one.
The only accurate translation into English was prepared by the Italian speakers and lawyers on our sister website, PerugiaMurderFile dot Org.
With US and UK media news cutbacks around the world, and especially in Italy, the media since has largely accepted the spin straight from the defense campaign, as exceptionally propagated by the Associated Press and a couple of “tame” networks in the US.
As a consequence, the coverage has become overwhelmingly biased in favor of Amanda Knox.
Today’s US media state of play
Misleading and false information about the prosecution case and the evidence presented has been repeated so often that many people now accept as fact outright lies.
This includes the absurd claim by defense attorney Ted Simon that “there is no evidence.” (Which ironically even Ted Simon himself disputed - see post below - in an NBC Dateline report that was taped before he signed on to represent Amanda Knox.)
It didn’t have to be this way. Reporters from the NYTimes, Rolling Stone, ABC, CNN, and others have done their readers/viewers a huge disservice, by distorting the factual record, and by supporting a false narrative in which it’s simply unthinkable that an attractive young woman could ever be caught up in a crime so heinous.
Which ignores the fact that shocking crimes have often been committed by people who seem incapable of such violence, which in this case means “too white, too young, too female, and with the types of connections - including to a King County Superior Court judge - that most criminals simply don’t have.”
Fortunately, Harvard’s formidable law professor Alan Dershowitz is among the many prominent attorneys who have reviewed the facts of the case more dispassionately and has said more than enough evidence was presented to support a guilty verdict.
Now the defense, with the complicity of much of American media, seems intent on fueling anti-foreigner bias in order to circumvent an extradition request from Italian authorities, which would come after the Court of Cassation finally signs off.
Pointers for smart media
As someone who has read through all of the available court documents and much of the media, and who has more than 25 years’ experience helping national media to understand complex, technical stories, here’s my take on the issues the media should consider as they continue to write about this case:
One - Formidable Legal Experts Say the Evidence is Strong
First off, before ever repeating or suggesting that there is a lack of evidence, remember that renowned civil rights attorney and Harvard Law Professor Alan Dershowitz, who has been on the winning side of 13 of 15 murder and attempted murder cases, has said that the evidence supports a guilty verdict and that none of this media frenzy would even be happening if Knox were not a young, attractive, white female. (include link here to Dershowitz on CNN).
Two - Italy’s Justice System Has Important Differences from the U.S.
As Dershowitz has explained, there is no “double jeopardy” because Italy has a three-stage process, and we are nearing the end of the second stage.
In this case, Knox was first found provisionally guilty by the trial court. An appellate court decision to reverse that decision was set aside by the Supreme Court and a second appellate court has now weighed in. Once this appellate court publishes its rationale, the decision is again subject to appeal. If appealed, the appellate decision will not become final until the Supreme Court weighs in.
Unlike in the U.S., at all levels of the three-stage judicial process (original trial, appeal, appeal to Supreme Court) in Italy, juries and judges are required to explain the rationale behind their decisions in legal documents. These documents are important and anyone who reports on this case should read the underlying source documents.
It is an enormous benefit for defendants to understand how and why a jury convicted, because it makes the chances of filing a quality appeal much higher. Italy does many things to protect the rights of defendants, and requiring juries to defend their decisions to convict are among them.
Three - Amanda is a Convicted Felon for the False Accusation
Because the Supreme Court has already affirmed the calunnia verdict for her false accusation of Patrick Lumumba, Amanda is now a convicted felon. Remember that Patrick Lumumba was a man she worked for and she stood by her accusation for several weeks, never formally withdrawing it. Lumumba was only cleared when his alibi was independently verified.
Four - The Questioning was Not Unusually Harsh
On the question of whether Amanda was treated unfairly and/or questioned harshly, in the aftermath of a murder, people are questioned fiercely here in the U.S. all the time. Amanda was not considered a suspect until she put herself at the scene of the crime and until her alibi(s) clearly conflicted with those of Raffaele Sollecito.
She was not a reluctant witness. In fact, she volunteered to answer questions on the night Sollecito was being questioned. (The prosecution asked him to come in alone.) Knox and Sollecito have each offered numerous, conflicting accounts of what they were doing on the night in question.
Five - Study the Cell Phone Evidence
The cell phone evidence is compelling. Few American media have paid any attention to the cell phone evidence, but the original jury gave it significant weight and it was discussed at length in the original sentencing report. You should read it.
Six - Look at the Photos of the Blood in the Bathroom
The DNA evidence is also compelling. There is clear evidence of Amanda’s DNA mixed in with Meredith’s blood in multiple places in the bathroom. The photos that show the amount of blood – all Meredith’s - in the bathroom Amanda and Meredith shared is compelling. Amanda has said she assumed the large amounts of blood were from someone being messy after having a period.
Once you take a look at the blood on the faucets, you realize that given the sheer amount of blood, a woman having a period would have had to stand up over the sink and drip blood from the pelvis down onto the handles to make that scenario real.
Instead, of course, given that Amanda herself said the bathroom did not have obvious blood earlier that evening, the blood had to have come from someone (and it couldn’t be Guede given that his footsteps led from the murder scene to outside) who was cleaning up after the murder and was covered in Meredith’s blood.
There is also mixed DNA of Meredith and Amanda in Filomena’s bedroom. No one has offered a plausible “innocent” explanation for how a blood spot with mixed DNA from Meredith and Amanda could have ended up in Filomena’s bedroom.
Seven - What was the Lamp Doing in Meredith’s Locked Bedroom?
A lamp from Amanda’s room was found locked in the bedroom where the murder took place. It’s difficult to imagine any scenario where a lamp would be taken from another room and locked into the scene of the crime other than that it was used to look for evidence during the cleanup and then inadvertently forgotten.
And again, keep in mind that Guede’s bloody footprints lead directly from the bedroom to the entrance of the flat. He took off just after the murder happened and never returned.
Eight - Rudy Guede Did Not Act Alone
The break-in was clearly staged and there was no credible defense argument given to refute that. Again, given that Guede’s footprints led directly from the scene of the murder to the front door, he clearly was not involved in any after-the-fact coverup/cleanup, which meant someone else was.
Nine - Consider Amanda’s Middle of the Night Call to Her Mom
Amanda called her mother in the middle of the night Seattle time before the murder was even discovered. It was the first and only time she’d done this from Italy. When asked about it, Amanda claims to not remember having made the call.
It defies credibility to suggest that it was mere happenstance that Amanda decided to call her mother after the murder, wake her up from a sound sleep, and then not remember she had done it. Instead, the far, far more likely scenario is that she realized she was in serious trouble and reached out to her mother instinctively.
And this happened before a body was even discovered.
Ten - “Contamination” Resulting in Sollecito DNA - How Again?
The defense claimed that there was contamination of the bra clasp and that’s why the DNA from Sollecito was not reliable. Contamination had to be the defense claim because there was no question that it was actually Sollecito’s DNA. Keeping an open mind, how would Sollecito’s DNA get on the bra clasp even through contamination?
There was only one other spot of Sollecito’s DNA found in the apartment and that was a mixed DNA trace (Amanda and Raffaele) on a cigarette butt. Sollecito’s DNA was never near the bra clasp or near the equipment that was used to do the testing on the bra clasp at the time the bra clasp was tested.
In fact, at the time the DNA on the bra clasp was tested, it had been more than seven days since any DNA testing from the crime had been done in that lab and everything had been thoroughly cleaned. How did any DNA from Sollecito get transferred to the bra clasp?
And if you agree with the defense claim that “when it comes to contamination, anything is possible,” then you should consider whether that same standard should also be applied to the thousands of people in U.S. prisons who have been convicted of murder or rape in part on the basis of DNA evidence.
Eleven - DNA on Knife - Study the Analysis with an Open Mind
The DNA evidence from the knife was considered questionable because the method used was relatively new and frankly, some people didn’t seem to understand the underlying math/analysis that supported the conclusion that it was Meredith’s DNA.
Sollecito himself tried to create a plausible alternative scenario by claiming that Meredith’s DNA ended up on the knife when he accidentally pricked her on a night she had dinner at his flat. Except that that dinner never happened. He’d known Amanda only a week, and of course Meredith never went near Sollecito’s flat.
Twelve - Should the U.S. Abandon Its Treaty Obligations Because of Popular Opinion?
An Italian jury convicted Amanda Knox of murder in Italy, and that conviction has now been upheld by an Italian Appellate Court that reviewed all of the evidence. The decision has now been supported by renowned legal experts here in the U.S. who have also closely examined the evidence presented.
If the U.S. is going to refuse to extradite Knox on the basis of popular opinion which has been inflamed by shoddy reporting, then we should acknowledge that the court of public opinion is the only one that matters and perhaps we should consider whether the U.S. or any country needs jury trials at all.
Perhaps we should just poll the public after highly publicized trials and let that verdict be the one that stands.
We are ready to help
There are multiple other pieces of evidence and issues linked to here to consider beyond my list above. They are all here on this site and the Wiki and the two PMFs (links in left column above).
Content on those 4 sites is for the most part presented by successful, highly qualified lawyers and experts i(including some who are Italian) in all of the relevant fields.
If you are going to write on or report about this case, please consider starting by reading the actual court documents, beginning with the document that was written by the judge and jury involved in the original trial.
Relying on the defense PR team and on previously published media reports will not help you understand the case because so much of what has been reported is completely and wildly inaccurate.
Also you have a responsibility to get reporting on this case right because if and when Italy submits an extradition request for Amanda Knox, it’s important to not fan the flames of a potential international incident by blowing this case up into something it’s not.
It is is a murder trial where the weight of the of evidence is strong enough to convince a Harvard law professor who has worked on many murder cases that Knox’s guilt will likely be affirmed by Italy’s highest court.
Archived in Officially involved, Public evidence, The timelines, Knox's alibis, Sollecito's alibis, Appeals 2009-2015, Florence appeal, The many hoaxes, No-evidence hoax, Amanda Knox, Rudy Guede
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Thursday, January 30, 2014
Appeal Session #10: After Defense Remarks Panel Of Judges Reaches Its Decision: BOTH GUILTY
Posted by Peter Quennell
Verdict: Both are confirmed guilty
The Massei verdict is upheld. The sentences are 25 years for Raffaerle Sollecito and 28.6 years for Amanda Knox. Sollecito is to have his passport taken away.
For Knox they could issue a worldwide Interpol Red Notice for immediate arrest around the world, even before going for extradition, to stop her dishonest self-serving blabberings.
Take a look at our conjectures down the bottom of this post on the judges’ deliberations. Looks like we got One, Two and Four right and Knox will be named in the judges report as the prime instigator.
That will hardly help her resist extradition. And it will please Guede and Sollecito, who both always hint at that.
To CNN: yet again this is NOT double jeopardy. Read the extradition treaty. It was ONE valid trial (2009) and now ONE valid and failed appeal (2014). Not two trials.
Tweets from our main poster Machiavelli
26. All these many thanks are so warming and comforting; I’m glad my contribution was useful among the many others.
25. No measure taken for expatriation of Knox because she is a US citizen currently in her own country.
24. Passport withdrawn for Sollecito and movement restriction within the boundaries of the state of Italy. No restriction for Knox.
23. Ruled that Knox’s royalties belong to Lumumba,
22. Accessory penalties/settlements: established Knox stinks, ordered Dalla Vedova to change jobs… (!)
21. Her calunnia sentencing has been increased from 3 years (Hellmann-Zanetti) to 3 years and 6 months.
20. To be more precise: Knox has been sentenced to 28 years and 6 months. (She has already served four years).
19. Massei sentence confirmed (25y), Knox sentence increased to 28 years because of calunnia aggravation
18. Bongiorno very agitated
17. Five minutes and a half from a verdict?
16. Judge declared the verdict will be 3D and distributed goggles [?]
15. Sollecito was in the courtroom. Appeared nervous.
14. Said because of the greatness of their power they should acknowledge reasonable doubt.
13. Ghirga emphasized discretional power of the court. Said they have big power to acquit.
12. In point of law: Ghirga said evidence must be considered as a whole in compliance with SC, but assessment should find reasonable doubt
11. Said no blood on knife because of negative TMB and blood confirmatory tests.
10. Ghirga: cited the claims about picograms, said amount is not the point, the problem is test repetition and other conditions
9. Says bruise at back of head is compatible with frotal fight against single aggerssor (disagreement with Introna on this too)
8. Ghirga: Meredith’s blue sweater was removed before fatal stabbing, as for Torre’s opinion. Admitas he disagrees with Sollecito’s defence.
7. Ghirga talked about: Meredith’s blue sweater, an echimosis at back of her head, DNA laboratories and Stefanoni’s quantization
6. Ghirga recalled a small number of details of physical evidence and autopsy.
5. Dalla Vedova asked acquittal, did not specify, whereas Ghirga instead, talking later, invoked reasonable doubt.
4. D.V. says believes there are other Supreme Court rulings in his favor.
3. D.V. emphasized the single pieces of evidence should be assessed each one in parceled out, atomized way before considering the whole
2. DV focused on evidence assessment procedure, quoted SC rulings.
1. Dalla Vedova’s talking lasted a short time, and not very orderly.
Tweets from reporter Barbie Latza Nadeau
28. Court: Amanda Knox Is Guilty. See more in The Daily Beast.
27. Kercher family members being briefed by lawyers and British consulate.
26. Sollecito must surrender all documents, passports, identification,
25. Its 25 years for sollecito and 28.6 years for amanda knox
24. Amanda Knox  guilty verdict upheld, sollecito  guilty verdict upheld.
23. Judges and jury enter.22. Huge security presence ahead of verdict including riot police outside and in public area of courtroom amandaknox tense
21. meredithkercher sister stephany and brother lyle have arrived in court for verdict.
20 Prosecutor Crini has arrived in court for verdict in amandaknox appeal
19. Clerk says between 9-930 local time judges will return. Says judges want “utter silence no shouting or clapping”
18. Court clerk says verdict will be delivered between 9 and 9:30 tonight.
17. Amanda Knox ‘Afraid’ Of Today’s Court Verdict http://thebea.st/LeteHD via @thedailybeast
16. Court clerk says at 8pm she will go back to judge to find out if and when they are ready to deliver verdict.
15. Court clerk says “presumably verdict at 8:00 but everyone come back at 7:00
15. Court clerk just announced that at 6pm local they will tell us when the verdict will be announced.
14. Mario Spezi, author of Monster of Florence, has come to court to hear amandaknox verdict.
13. Lawyers for amandaknox and sollecito, journalists already in courtroom ready for verdict that come come any time from 5pm Florence time.
12. Lunch has just been brought in to judges and lay jury deliberating amandaknox case. No wine.
11. Refreshments just delivered to jury members in amandaknox new appeal, espresso, cappucino and possibly a tea…
10. Judge in amandaknox new appeal says decision will not come before 5pm.
9. amandaknox lawyer asks court to absolve his client.
8. amandaknox lawyer says the dna on the knife attributed to meredithkercher can not be verified, can not be considered.
7. amandaknox lawyer Ghirga tells court they have to look at all the evidence to reach verdict, not value pieces here and there.
6. amandaknox lawyer says you can’t put two innocent people in jail to cover up mistakes of judicial system.
5. amandaknox lawyer tells judge: you cannot convict for murder in the name of Italy when evidence is ‘probably’ attributed to a defendant.
4. amandaknox lawyer says you can’t cancel out evidence, says Amanda’s rights were violated, she was in shock when she accused Lumumba.
3. sollecito in court by his dad who said they are all nervous for verdict over drinks with journalists at hotel bar last night.
2. amandaknox lawyer CDV says they are serene going into verdict because they believe in her innocence,
1. Court in session. One of the jurors wearing a shiny spangled skirt, rest dressed soberly.
Tweets from Freelance Reporter Andrea Vogt
13. Meredith Kercher’s brother: It was the best we could have hoped for, but amanda knox verdict not cause for celebration.
12. amanda knox guilty verdict upheld. Her lawyer Carlo Dalla Vedova said he has called her. She did not cry. She was “petrified.”
11. amanda knox conviction upheld. sentenced to 28 years and six months. Sollecito to 25. Ordered passports to be taken.
10. Meredith’s sister and brother are accompanied by British consulate officials. A hush has come over the courtroom.
9. The family of meredith kercher has arrived in court to hear the verdict.
8. Even most experienced Italian court reporters not predicting what long wait for amanda knox verdict means. Could go either way
7. amanda knox verdict is expected at 9 or 9:30. Clerk reminds about the decorum expected:no applause, shouting, cheering, etc
6. Standing room only in Florence court as media, legal teams, public await amandaknox verdict (timing soon to be announced).
5. Judge and jury in amandaknox case have retreated for deliberations. Verdict not before 5 pm Italy time.
4. amandaknox Judge : we will not give a verdict before 17, after that,can come any time, but will announce with lots of advance notice.
3. Ghirga: We wait anxiously and seriously for justice for Meredith. But doing justice means doing it also for amandaknox and RS.
2. amandaknox lawyers are in court. Ghirga: “siamo fiduciosi, serene, emotionati.” (Roughly: “Trusting, calm, on edge”).
1. Verdict expected late today in amandaknox appeal….
Freelance Reporter Andrea Vogt On Website
From The Freelance Desk
Amanda Knox is expected to wait out the verdict in her appeal at her mother’s Seattle home (likely with American television news networks present) while Raffaele Sollecito was in court with his father and a friend. Sollecito made no remarks upon leaving for the courthouse in a taxi, surrounded by a pack of cameras. Meredith Kercher’s sister, Stephanie, and brother, Lyle, are also expected in Florence today for the court’s decision, expected in the evening hours….
Conjectures on what the judges may be discussing
The panel of judges is in effect deciding now on positions that must be sustained in 2-3 months in a 100-400 page document that must be okayed by the Supreme Court.
This might be what the quite long (by Italian standards, they will have discussed the case intermittently) jury discussion today is focused upon. Here are four possible issues.
Possible issue one
As sharp Italian media are pointing out, Prosecutor Crini departed from the Massei scenario and suggested a different driver in one key respect.
Like Mignini and Micheli in 2008 he assigned the role of prime mover to Amanda Knox and not to Guede. (Nobody ever assigned it to Sollecito.)
Maybe hoping to give RS and AK a break the Massei jury (not neccessarily the judge himself) assigned to Guede the primary role in starting the attack, saying maybe he forced himself upon her.
Then maybe the other two came in from next door, and set about helping him to subdue Meredith.
They just happened to have two knives handy, and even Massei assigns the fatal blow to Knox.
Crini argued as more likely that Knox started to quarrel with Meredith over hygiene or drugs or money and the other two joined in and for 15 minutes the attack escalated.
In this Knox and not Guede is assigned the role of prime mover.
The judges may want to accept this and seek to assign Knox a harsher punishment accordingly.
(Neither court seems to have settled on a convincing reason for why the big knife was brought down from Sollecito’s house which looks to us at minimum forboding.)
Possible issue two
This relates to the scenario in the comment above. Judge Massei lopped five years off the routine sentences by conjuring up “mitigating factors”.
One such factor was the duvet placed over Meredith which Massei thought could be a sign of remorse, surely by a woman.
Many including psychologists never agreed with this. It could have been simply an aversion to all the blood, which Knox on the stand in 2009 chillingly described as “yucky”.
If so the sentences awarded could creep up beyond the durations decided on by Massei. Above 25 and 26 years.
Possible issue three
This is an alternative to One and Two above. The judges might think the crime was more like a manslaughter, an attack that ended in murder
But not intended as such and never agreed to by two of the attackers. In which case sentences could be a lot lighter.
Possible issue four
There are financial award considerations. How much to award to whom, plus maybe ways to ensure their payment in light of Knox blatantly stiffing Patrick..
Archived in Officially involved, Trials 2008 & 2009, Massei prosecution, Appeals 2009-2015, Florence appeal, The many hoaxes, No-evidence hoax, Amanda Knox, Raff Sollecito
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Thursday, January 23, 2014
Rejected Yet Again By Knox, Sollecito Seems Frantic To Avoid What Might Be A Final Return To Italy
Posted by Peter Quennell
The explosive story of Kelsey Kay
Radar Online is an American celebrity-news website owned by the American Media group in New York.
It is ranked at about the 500th most popular site in the US. Starting yesterday, Radar Online has been advancing a story with a video by an ex-girlfriend of Sollecito, Kelsey Kay (image above) who lives in Idaho.
Kelsey Kay is claiming that while in the US in several of his 2012-2013 stays Sollecito was seeking a way to get married in a hurry, supposing that being a US resident would somehow keep him safe from Italian law. At first glance Kelsey Kay seems compassionate and smart and she paid Sollecito some money and it is not obviously that she is drumming up any for herself. She sized him up accurately in retrospect. So here we go.
Foxy Knoxy BETRAYED: Ex-Lover Raffaele Sollecito Turns On ‘Evil B*tch’ Amanda As He Faces 26 Years For Meredith Kercher Murder — And Knox Won’t Help Him Beat The Rap
Amanda Knox and Raffaele Sollecito were branded a modern-day Romeo & Juliet when they were both imprisoned for the 2007 murder of Knox’s roommate, Meredith Kercher. But now, Sollecito is turning on the woman who was once his only ally, branding Knox an “evil bitch” who is “selfish, mean, [and] cruel” — all because she wouldn’t marry him in a scheme designed to keep him out of prison!
As Radar has reported, Sollecito proposed to Knox in March 2013, hoping she would marry him and help him flee the retrial and potential reconviction for Kercher’s murder. When Knox refused, he turned to his online pen pal, Idaho woman Kelsey Kay to air his anger.
According to a new report in Star, Sollecito told Kay Knox was “a selfish, mean, cruel girl,” and an “evil bitch.”
Now Kay tells Radar, that was only the half of it.
“I think his feelings were hurt,” Kay explains. What’s more, she says, it seemed that Sollecito felt Knox was obligated to help him because of the couple’s unique history.
“He came across very entitled, like he had saved her [during the first trial] in Italy by not turning on her,” Kay claims, “and that maybe she was obligated to do the same for him.”
“I’ve read text messages … between the two of them,” Kay says. “The text messages were [often] him texting her and her not responding. And he portrayed that to me as she was insensitive, and didn’t care.”
But in the few messages that Knox did send Sollecito, Kay says, she seemed like an entirely different woman than her ex-lover claimed.
“There were some [texts] about them not being able to marry, and [Amanda] explained herself in a very elegant way,” Kay reveals.
Sollecito’s responses, however, were “more desperate, needy,” Kay says…
The Knox-Sollecito kabuki dance goes on
Going back to the very night they were arrested Knox and Sollecito have never been fully as one.
In early statements they each quite openly placed suspicion on the other, and Sollecito retained this high-ground position right through the 2009 trial to its “guilty” end, slyly suggesting he had the upper hand.
At trial in 2009 the distancing continued. Knox became so desperate about this that she wrote Sollecito frequent “love letters” and finally quite publicly asked justice authorities if they could meet (it was denied).
Their lawyers danced the same kabuki dance. Read this series by a Rome lawyer who watched every feint on TV.
In January 2012 the prosecution said they would appeal the Hellmann outcome to the Supreme Court. They KNEW the outcome had been tainted by the defenses - as, later, so did the Supreme Court.
Two months later this happens. Sollecito suddenly rockets off to Seattle - with his family in hot pursuit.
No marriage with AK resulted, but what did result, six months later, was Sollecito’s dishonest book, which shows all the signs of channeling the Seattle-centered FOA loonies, and none at all of the hard facts on the ground.
Six months later Knox’s own book appears.
In the two books, Knox and Sollecito not only tell different versions of their truth - they each reveal some exasperation with the other, and it reads in both books like their amazing love affair back in 2007 would have soon ended on the rocks.
In the short period they were together in Perugia, Knox continued messing with other boys - both in Perugia and (with her old boyfriend) in Seattle - while Sollecito stayed home and sulked.
The titles of both books (Honor Bound and Waiting To Be Heard) were themselves big lies - but Sollecito’s is probably the bigger lie.
The prosecution did NOT ask him to roll over on Amanda - they had no need and no legal right - as even Sollecito’s own dad on national TV confirmed (“That was made up.”) and Sollecito’s one and only claim to be “honor bound” had been that he had resisted.
Thereafter Sollecito and Knox seem to have met again in Seattle and maybe in London and New York. But still no peace of mind or mutual joy at the end of the road for either, as this post and this post strongly demonstrate.
And legal residency in a country is of course not a barrier to perps convicted in other countries ending up back there and behind bars. The US sends its own nefarious citizens-by-birth to face foreign justice on occasion. Very naive.
Knox and Sollecito both self-admitted flight risks
Ten days ago in a breaking-news box we posted this:
Breaking news. UK media quote Amanda Knox as saying she may go on the lam if guilt is confirmed. (Remember this is HER appeal. She opened this can of worms.) However the US/Italy extradition treaty and official US paper trail give her zero reason for comfort, and an extradition request would immediately put her in a US jail to stop her going on the lam. An Interpol Red Notice would make her unemployable and subject to worldwide arrest.
Now the poster Jackie on PMF dot Org (a lawyer) has posted this:
I think the Kay Fiasco bears directly on the proceedings underway: IF the texts can be authenticated, and IF there is a guilty verdict, those exchanges will make it all but impossible for RS’s lawyers to argue that he is not a flight risk.
Archived in Appeals 2009-2015, Florence appeal, Amanda Knox, Raff Sollecito
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Friday, December 20, 2013
Multiple Provably False Claims About “Forced Confession” Really Big Problem For Dalla Vedova & Knox
Posted by FinnMacCool
The Breaking News
This post goes live just as the news breaks that it was Knox lawyer Carlo Dalla Vedova who filed these patently false claims against the justice system of Italy with the European Court.
1. “There would be no need for these theatrics.”
Amanda Knox has not been present for any part her latest appeal against her own murder conviction. Nevertheless, she has made two meretricious contributions to the proceedings.
First, on the day that the prosecution opened its presentation of the case against her, she announced that her lawyers had filed an appeal against her slander conviction to the European Court of Human Rights (ECHR). ECHR hears only allegations of human rights abuses, which must be reported within six months of the alleged incident (or within six months after all local avenues have been exhausted; in this case none has even been explored).
This out-of-date application to an inappropriate body in pursuit of a groundless allegation is therefore bound to fail.
Knox’s second publicity stunt came on the day that her own defense lawyers began their own presentation. She sent a five-page email in English and Italian, with grammatical mistakes in each language, protesting her innocence and affirming that the reason she is not present in the court is because she is afraid of it.
There are many comments that could be made about the email, but perhaps its most grievous legal error comes in the aside where she claims that the “subsequent memoriali (sic), for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false ‘confession’.”
That singular document does not recant her previous statements (“I stand by what I said last night…”), but does contain further accusations against Patrick Lumumba (“I see Patrik (sic) as the murderer”), as well as seeking to cast suspicion on Sollecito (“I noticed there was blood on Raffaele’s hand”) and an unnamed “other person”.
However, by claiming that she has been “wrongfully found guilty” on that charge of calunnia, she is refusing to recognize the legitimacy of the Italian Supreme Court, which has definitively found against her on that count, and also of the Hellmann appeal court (the only court to date that has not found her guilty of the main charge of murdering Meredith Kercher).
Dr Alessandro Crini presented the prosecution’s case on November 25th/26th. It was not a particularly theatrical performance, but rather a very long summary of the many items of evidence against Sollecito and Knox.
The most theatrical element of the case so far has been when one of the defendants insisted that the judge should read out five vacuous pages of her email immediately before her own lawyers presented their case on her behalf.
This gives a certain dramatic irony to Knox’s claim, “If the prosecution truly had a case against me, there would be no need for these theatrics”.
Such ironies appear to be lost on Knox, however, since she seems incapable of reading back over her own work for solecisms or contradictions. (In the email itself, for example, in consecutive sentences she writes: “I had no contact with Rudy Guede. Like many youth in Perugia I had once crossed paths with Rudy Guede.”)
One of the many errors she makes in the email is to put in writing some of the wild claims that she and/or her supporters have previously made regarding the witness interview she gave on the night of November 5th/6th 2007.
The purpose of the current post is to consider that interview in greater detail, using as source material primarily Knox’s memoir “Waiting to be heard” (2013) and Raffaele Sollecito’s memoir, “Honor Bound” (2013), abbreviated here to WTBH and HB respectively.
2. “When we got there they said I couldn’t come inside.”
Amanda Knox was not even supposed to be at the police station on the evening of November 5th, 2007. She should have been attending a candlelit vigil, in which Meredith Kercher’s friends, classmates and supportive well-wishers met at eight o’clock at Corso Vannucci to process through to the Duomo, carrying candles and photographs of the victim.
A friend of Meredith’s – a young Polish student – texted Amanda Knox to invite her to this vigil, but Knox had better things to do. (WTBH: 82) She accompanied Sollecito to his friend Riccardo’s house for a bite to eat (HB: 29) where she absent-mindedly strummed a ukulele. (WTBH:82)
Knox writes of the vigil: “I wanted to be there but… the decision was made for me” because “Raffaele had somewhere else to be”. (WTBH: 82)
One consistent feature of her narrative is her refusal to accept responsibility for anything, including her failure to turn up for her murdered roommate’s vigil, but we should note also that the vigil (eight o’clock) and the dinner (nine o’clock) both take place within the timeframe of her supposed series of interrogations, which according to her email involved “over 50 hours in four days”.
By her own account, when she ignored the police’s request not to accompany Sollecito to the Questura and just came anyway, it was the first contact she had had with the police in well over 24 hours.
Let us consider what was happening in the early part of the evening of November 5th, 2007.
The police are at the station studying the evidence; Meredith’s friends are proceeding downtown with candles and photographs of the victim; and Knox is playing the ukulele at Riccardo’s house.
Far from taking part in a lengthy coercive interview, Amanda Knox had gone to her University classes as normal, had bumped into Patrick Lumumba, whom she would later accuse of Meredith’s murder, and had later skipped the vigil to have dinner with Sollecito. (WTBH:83)
Meanwhile, back at the Questura, the police could see that Raffaele Sollecito’s stories simply did not add up.
They therefore called Sollecito and asked him to come into the station for further questioning. They told him that the matter was urgent; that they wanted to talk to him alone; and that Amanda Knox should not accompany him. (HB: 29)
Sollecito responded that he would prefer to finish eating first. (The same meal is used as an excuse for not attending the vigil at eight o’clock, and for delaying their response to the police request at around ten.) By his own account, Sollecito resented being ordered what to do by the police (HB: 29), and so he finished eating, they cleared the table together, and Amanda Knox then accompanied him to the station. (HB:30; WTBH: 83)
Naturally the police were both surprised and disappointed to see her. Their civilian interpreter, who had worked flat out through the weekend accompanying not only Amanda Knox but also the rest of Meredith’s English-speaking friends, had gone home. The only person they were planning to speak to that night was Sollecito, and even he was late. According to Knox, the police were not expecting their interview with Sollecito to take very long:
When we got there they said I couldn’t come inside, that I’d have to wait for Raffaele in the car. I begged them to change their minds. (WTBH: 83)
The police were not prepared for an interview with Amanda Knox. They had asked her not to come, and they tried to send her away when she got there. It was late on a Monday evening and there were no lawyers or interpreters hanging around on the off-chance that someone might walk into the police station and confess.
However, that’s what happened. And it is on that basis that Amanda Knox is now claiming that the interview which she herself instigated was improperly presented by the police:
I was interrogated as a suspect, but told I was a witness. (Knox email, December 15, 2013)
But she wasn’t a suspect. In fact, she wasn’t even supposed to be there.
3. “Who’s Patrick?”
We will now examine Knox’s claim that “the police were the ones who first brought forth Patrick’s name” (Knox blog, November 25th, 2013).
She has already admitted in court that this is not true. In fact, it is clear from her own book that the police did not even know who Patrick Lumumba was, at that point.
If they had suspected him or anybody else, they would have brought them in for questioning, just as they had already questioned everyone else they thought might be able to throw some light on the case.
The police plan that evening was to question Sollecito in order to establish once and for all what his story was. They would perhaps have brought Knox back the following day (together with the interpreter) to see how far Knox’s story matched Sollecito’s. In the event, their plan was disrupted first because Sollecito delayed coming in, and second because when he finally arrived, he had brought Knox with him.
“Did the police know I’d show up,” Knox asks rhetorically, “or were they purposefully separating Raffaele and me?” (WTBH: 83) She does not offer a solution to this conundrum, but the answer is (b), as the patient reader will have noticed.
She thus turned up to the police station despite being expressly asked not to come. The police asked her to wait in the car and she refused, complaining that she was afraid of the dark. They allowed her inside.
Today, she might complain that she “was denied legal counsel” (Knox email, December 15th 2013) as she entered the Questura, but there was absolutely no reason for a lawyer to be present, since by her own account, all the police were asking her to do is go home.
Knox did not go home. According to WTBH, while Sollecito is in the interview room, she sits by the elevator, doing grammar exercises, phones her roommates about where to live next, talks to “a silver-haired police officer” about any men who may have visited the house (she claims to have first mentioned Rudy Guede at this point, identifying him by description rather than name) and does some yoga-style exercises including cartwheels, touching her toes and the splits.
It is at this point – somewhere between 1130 and midnight – that Officer Rita Ficarra invites Knox to come into the office so that they can put on record Knox’s list of all the men she could think of who might have visited the house.
Knox takes several pages (WTBH 83-90) to explain how she went from doing the splits to making her false accusation against Patrick Lumumba. Like much of her writing, these pages are confused and self-contradictory.
One reason for the confusion is that Knox is making two false accusations against the police, but these accusations cannot co-exist. First, she attempts to demonstrate that the police made her give the name of Patrick Lumumba. Second, she wants us to believe that Officer Ficarra struck her on the head twice.
This is denied by all the other witnesses in the room, and Knox did not mention it in her latest story about applying to ECHR. In her memoriale (WTBH: 97), she claims she was hit because she could not remember a fact correctly.
But in her account of the interview (WTBH: 88), Knox explains that Ficarra hit her because, the fourth time she was asked, “Who’s Patrick?”, she was slow in replying, “He’s my boss.” This is the exact opposite of not remembering a fact correctly. Knox is so keen to make both false charges against the police stick that she fails to notice that one contradicts the other.
Knox at least provides us with two fixed times that allow us to verify the start and finish times of the formal interview. It began at 1230, when Anna Donnino arrived to interpret, and ended at 0145 when Knox signed her witness statement.
Bearing in mind that this statement would have needed to be typed up and printed before she signed it, the interview thus took little over an hour, and was not the “prolonged period in the middle of the night” that her recent blog post pretends. (We might also remember that Knox’s regular shift at Le Chic was from 9 pm to 1 am, meaning that the interview began during her normal working hours.) (WTBH:31)
WTBH also flatly contradicts Knox’s own claim that her accusation of Lumumba was coerced by the police.
According to her own account, she first mentions her boss (although not by name) in the less formal conversation, before the interpreter’s arrival, telling the police : “I got a text message from my boss telling me I didn’t have to work that night.” (WTBH: 84)
The police appear to pay no attention to the remark (which undermines Knox’s argument that the police were pressing her to name Lumumba) but instead keep questioning her on the timings and details of what she did on the night of the murder. And Knox finds those details difficult either to recall or to invent.
Donnino arrives at half past midnight, and the formal interview begins.
Again, the focus is on the timings of Amanda Knox’s movements on the night of the murder, and again she is having difficulty remembering or inventing them. Ficarra picks up Knox’s cell phones and observes: “You texted Patrick. Who’s Patrick?” and Knox answers, “My boss at Le Chic.” (WTBH: 86)
There is a short discussion about this text message, and then a second police officer asks her: “Who’s Patrick? What’s he like?” This time Knox answers: “He’s about this tall… with braids.” They then continue to discuss the text message, and then the police ask her a third time, “Who’s this person? Who’s Patrick?” Knox again replies: “Patrick is my boss.” (WTBH: 87)
Donnino then makes the intervention about how traumatic events can sometimes affect memory. Such events certainly seem to have an effect on the memory of the police, because one of them asks Knox a fourth time: “Who’s Patrick?” At this point, Knox claims in her memoir that Ficarra struck her on the head. (WTBH: 87)
This is nothing to do with failing to remember a fact correctly, because the fact is correct: Patrick Lumumba is indeed her boss.
The police continue to believe that she is hiding something, and they ask her who she is protecting. After a few minutes of questioning along those lines, Knox has an epiphany in which she claims that the face of Patrick Lumumba appeared before her and she gasps: “Patrick – it’s Patrick.”
If we believe one of Knox’s other stories, that the police were cunningly trying to get her to name Patrick Lumumba, we might expect them to be quite pleased to have succeeded at this point. But according to Knox, their response is to ask her a fifth time, “Who’s Patrick?” The whole room must have wanted to chorus at this point, “He’s her boss!”, but according to Knox, it is she herself who simply repeats: “He’s my boss.”
4. “I was also hit in the head when I didn’t remember a fact correctly…”
Shortly after lunch on Tuesday November 6th, Knox wrote a piece of paper (known as her “memoriale”) in which she makes her first accusation that the police hit her. She hands this memoriale to Rita Ficarra, the very person she would later name as doing the hitting. We have noted above that in her account of the interview, the context Knox provides for this alleged blow is as follows:
This singularly repetitive catechism is supposed to have taken place at around one o’clock in the morning.
However, writing the following afternoon, Knox describes the event like this:
Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn’t remember a fact correctly. I understand that the police are under a lot of stress, so I understand the treatment I received. (WTBH: 97)
This makes no sense as a reflection on the interview as she has earlier described it. In her version of the interview, she claims that the police kept asking her the same simple question, to which she keeps replying with the same factual answer, and the blows to the head take place in the middle of all that. Yet in her “memoriale”, she claims that the blow was because she could not remember a fact correctly.
In case two mutually contradictory accounts of that false allegation are not enough, Knox also provides a couple more explanations for why she was hit. Her third bogus claim is that the police said they hit her to get her attention, which makes for a dramatic opening to Chapter 10 of WTBH:
Police officer Rita Ficarra slapped her palm against the back of my head, but the shock of the blow, even more than the force, left me dazed. I hadn’t expected to be slapped.
I was turning around to yell, “Stop!”—my mouth halfway open—but before I even realized what had happened, I felt another whack, this one above my ear. She was right next to me, leaning over me, her voice as hard as her hand had been. “Stop lying, stop lying,” she insisted.
Stunned, I cried out, “Why are you hitting me?” “To get your attention,” she said. (WTBH: 80)
This is a direct allegation against a named police officer, and not surprisingly it has resulted in another libel charge against Amanda Knox. It is a strong piece of writing, too: on its own, isolated from context, it reads like a trailer for the movie version. The trouble is, that when Knox later tries to set it in context, it makes no more sense than “because I didn’t remember a fact correctly” as an explanation as for why the blow came.
They pushed my cell phone, with the message to Patrick, in my face and screamed,
“You’re lying. You sent a message to Patrick. Who’s Patrick?”
That’s when Ficarra slapped me on my head.
“Why are you hitting me?” I cried.
“To get your attention,” she said.
“I’m trying to help,” I said. “I’m trying to help, I’m desperately trying to help.” (WTBH: 88)
This makes no sense. They already have Knox’s attention, and she is having no difficulty giving them a factual response to their repeated question, “Who’s Patrick?”
It is difficult to explain any logical motivation for that slap in terms of any of the three suggestions Knox has made so far: (1) because she couldn’t remember a fact correctly; (2) because she failed to answer the repeated question “Who’s Patrick?” quickly enough; or (3) to get her attention. She’d got the fact right, she’d answered the question, and they already had her attention.
Knox then provides us with a fourth version of possible reasons for the alleged slap. She describes the following encounter between herself and Rita Ficarra on their way to lunch at around two o’clock on Tuesday afternoon:
With my sneakers confiscated, I trailed [Ficarra] down the stairs wearing only my socks. She turned and said, “Sorry I hit you. I was just trying to help you remember the truth.” (WTBH: 94)
Once again, this makes no sense in the context of a blow to the head while waiting for a reply to the question, “Who’s Patrick?” It is perfectly true that Patrick Lumumba was Amanda Knox’s boss, and she had already correctly answered the same question twice, by her own account.
These are the four main WTBH versions of how Amanda Knox was struck on the head by Rita Ficarra. Perhaps she hopes that readers will choose the one they like best and will ignore its discrepancies with the others.
When testifying in court, however, Knox provided three further versions of the same alleged incident.
First, when asked to explain why she had stated in her witness account that Meredith Kercher had had sex before she died, Knox answered that the police had suggested this to her and that they hit her to make her says so in her statement (Knox testimony, June 12 2009).
Second, a few minutes later during the same testimony, she claimed that the police hit her twice before she gave the name of Patrick, to make her give a name she could not give. (WTBH: 227-8; Knox testimony, June 12 2009)
Third, later still, she tells her own lawyer that the police were screaming at her “You don’t remember”, she was struck from behind, and when she turned around she was struck again. (WTBH:227; Knox testimony, June 12 2009)
These are seven different stories Knox has told about how she was hit during her interview. Even her most generous supporters would have to admit that at least six of them must be false. Everyone else in the room at the time has testified that it did not happen.
When Knox published her fantasy claim about appealing to ECHR last month, she neglected to mention that she was hit. This essentially confirms what has been obvious for some time: Rita Ficarra did not hit Amanda Knox during the interview.
Nobody did. All seven stories are false.
5. “She was screaming in Italian, ‘Aiuto! Aiuto!’”
However, Sollecito provides an ear-witness account of Knox’s traumatic interview, claiming that he could hear her shouting from where he was being interviewed in a nearby room. Here’s his version:
Then came a sound that chilled my bones: Amanda’s voice, yowling for help in the next room. She was screaming in Italian, “Aiuto! Aiuto!” I asked what was going on, and Moscatelli told me there was nothing to worry about. But that was absurd. I could hear police officers yelling, and Amanda sobbing and crying out another three or four times. (HB:33)
If Sollecito’s aim here is to invent a story even more ridiculous than Knox’s, he has succeeded.
For one thing, it does not match any of Knox’s seven stories about how her interview went. But even on its own terms, Sollecito’s story makes no sense. If we imagine for a moment an Italian witness or suspect being interrogated in Italian by Italian officers in an Italian police station, what possible motivation could such a woman have for shouting “Aiuto!”? Who could she be hoping might conceivably respond to her call?
How much more absurd, then, to suppose that an American woman accompanied by an interpreter would shout “Aiuto!” when by her own account she was trying to help the police with their inquiries at that point.
Perhaps Sollecito wants us to believe that Knox was offering to help the police with their inquiries, and Donnino was loudly translating it to “Aiuto!” at this point. Or perhaps, as is often the case with Sollecito, he has given so little thought to his lies that he has not made the slightest effort to make them believable.
There are other occasions when Sollecito is cavalier with the credibility of his explanations for the evidence against him. For example, when confronted with evidence that the victim’s DNA is on his kitchen knife, he suddenly remembers an occasion when he accidentally pricked her while cooking.
(Astonishingly, he repeats this absurd fiction on page 49 of Honor Bound, although he shifts the pricking to Via della Pergola and makes it a knife local to there, since it is obvious that the victim had never visited his own apartment.)
Or again, on being confronted with the (incorrect) evidence that his shoeprints have been found at the scene of the crime, he speculates to Judge Matteini that someone might have stolen his shoes and committed the murder in them. (HB:42)
Even today, Sollecito is currently making a public appeal for funds for his defense, pleading financial hardship, while taking lengthy vacations in the Caribbean, with photographs of his tropical lifestyle appearing in Oggi.
In his book, Sollecito also decides to make a claim of his own that the police struck him:
One of my interrogators opened the door noisily at one point, walked over, and slapped me. “Your father is a fine upstanding person,” he said. “He doesn’t even deserve a son like you, someone who would stand by a whore like Amanda.” (HB:36)
This is actually one of his more plausible stories. He has not named the officer, and he has created an incident to which there are no witnesses; he gives the impression that he was alone in the interview room when this officer came in.
Of course, he has made no formal complaint about this, nor has he mentioned it before publishing it in his book, nor has he named the officer or given any clue as to his identity. Nevertheless, these details simply stand in contrast to Knox’s libelous allegation, in which she named the officer, gives several contradictory accounts of how the blow occurred, and there are several witnesses all of whom deny that any such blow took place.
6. “Maybe a cappuccino would help.”
Finally, it seems only fair to speak up for Anna Donnino, the much-maligned interpreter who was given the task of accompanying Knox as she made her slanderous accusation of Patrick Lumumba.
Knox describes her arrival at the station like this:
The interpreter sat down behind me. She was irritated and impatient, as if I were the one who had rousted her from bed in the middle of the night. (WTBH:86)
While someone else must have done the rousting, by Knox’s own account it is indeed her fault that Donnino was called into the police station that night. Knox was the only English-speaker present, and she had ignored the police’s request that she stay home while they interviewed Sollecito.
Although Donnino must have had every right to feel irritable and impatient, Knox gives little evidence of it in her transcript of the interview. On the contrary, Donnino patiently volunteers an explanation that might attribute Knox’s self-contradictory stories to trauma and stress rather than deliberate lying.
Amanda Knox has often repeated her assertion that police called her a liar during that interview. For example, in the movie-trailer-type excerpt at the beginning of Chapter Ten, she writes:
They loomed over me, each yelling the same thing: “You need to remember. You’re lying. Stop lying!” (WTBH:80)
However, in the more detailed version that she gives on pages 83-90, she does not mention a single police officer calling her a liar. Only once do the police even ask her “Why are you lying?” (WTBH:88) The only person to call Knox a liar, in her account, is Anna Donnino, in the following passage:
“In English, ‘see you later’ means good-bye. It doesn’t mean we’re going to see each other now. It means see you eventually.”
In my beginner’s Italian, I had had no idea that I’d used the wrong phrase in my text to Patrick—the one that means you’re going to see someone. I’d merely translated it literally from the English.
The interpreter balked: “You’re a liar.” (WTBH:87)
The verb “balked” makes no sense here, and so let us charitably call it a printer’s error for “barked”. However, that is the only instance of Knox being called a liar her entire remembered account of the interview.
It seems that she is so reluctant to admit to having said anything that her readers might think sounds like a lie that she forgets this gives the police no context for calling her a liar. This in turn means that the only “lie” she can be accused of is her demotic interpretation of the English phrase “see you later”, in which she presents herself as correct and Anna Donnino getting it wrong.
Ironically, Anna Donnino’s next intervention, for which there are several witnesses including Amanda Knox herself, is clearly intended to suggest that failing to remember the details of a traumatic event properly may NOT be an indication of lying, but instead may be the result of the stress of the trauma:
The interpreter offered a solution, “Once, when I had an accident, I didn’t remember it. I had a broken leg and it was traumatizing and I woke up afterward and didn’t remember it. Maybe you just don’t remember. Maybe that’s why you can’t remember times really well.”
For a moment, she sounded almost kind. (WTBH:88)
“Kind” is a key word for Amanda Knox, and she continually judges people by whether they are kind to her. On this occasion, she is quite right: Anna Donnino does sound kind and helpful in volunteering this intervention. It is not a kindness that Knox would repay, however. On the contrary, in her later account of the trial, she is scathing of prosecutor Mignini’s description of Donnino as “very sweet”:
As for my interrogation at the questura, Mignini described the interpreter— the woman who had called me “a stupid liar” and had told me to “stop lying”—as “very sweet.” “I remember that evening how she behaved toward Amanda,” he said. (WTBH:244)
Knox has evidently forgotten that she has failed to mention anybody at all calling her a “stupid liar” during the interview, or that anybody told her to “stop lying”. Even her claim that Donnino called a liar over a translation error is illogical and is out of keeping with Donnino’s subsequent intervention.
Knox has also forgotten that the only other mention she makes of Donnino at the questura is in the following passage, from the day before the interview. While Knox is going over the events of the night of the murder in her mind, she reports:
“…the interpreter walked by, looked at me, and said, ‘Oh my God, are you okay?... You’re pale… Maybe a cappuccino would help. Come with me.” (WTBH: 76-77)
Once again, Knox unwittingly provides evidence that supports Mignini’s description of Anna Donnino, and undermines her own. Once again, she unwittingly provides evidence that her human rights were perfectly safe at Perugia police station.
7. “What does this say about my memory?”
The accounts of all three defendants in this case are so obviously fictitious that the subject should no longer be open for discussion. Any level of reasonable doubt that might have been acceptable to the Hellman appeal court has been removed not only by the Italian Supreme Court but even more so by the self-penned accounts published by Knox and Sollecito themselves.
Their bizarre and delusional writings will appear incredible to any objective reader who troubles to read them. The physical evidence against them - the DNA, the footprints, the knife, the faked burglary, and so on - only serves to confirm the most likely explanation for their wildly unbelievable stories - namely that they are lying to cover up their involvement in a brutal murder.
Given that his own account was patently fictitious, Guede has been fairly well advised to opt for a fast track trial which offers a reduced sentence and an abbreviated process. (Better advice might have been to plead guilty, but that is for him to choose.)
As a result, he will be eligible for parole relatively soon, even as the longwinded trials of Knox and Sollecito grind toward their conclusions. Whether or not it is right and fair for Guede to be given that parole is a separate question that will be considered in due course - even his expressions of remorse sound false and are undermined by his continuing refusal to give a plausible and honest account of what happened that night.
However justice systems all over the world are obliged to balance the rights of victims against the rights of defendants, with resultant compromises that are often uneasy and unsatisfying. Victims’ families may want the truth, but the perpetrators don’t always want to tell it.
The situation for Knox and Sollecito is different because their preposterous stories have been shored up by a coterie of supporters who in the long run have done the two defendants no favors whatsoever.
The pair have chosen the full trial process which may have postponed the final decision for several years, but which is also likely to result in much lengthier prison sentences.
It is too late now for Knox and Sollecito to opt for a fast track process, and everyone, no matter how ill-informed, can surely agree at least that the path they have chosen has been painfully slow and longwinded.
But there were many other options that, although previously open to them, have now been closed down by their supporters’ stubborn insistence that the case against them was first concocted by a vindictive prosecutor who took an early dislike to them and was subsequently supported by a vast conspiratorial network of police, judges, journalists, shopkeepers, students, friends and relatives of the victim, and so on.
This conspiracy theory is not only daft, but it provides no help at all for the two people at its core whose words and actions remain delusional and psychotic.
Amanda Knox wrote in her memoriale, “Is the evidence proving my pressance [sic] at the time and place of the crime reliable? If so, what does this say about my memory? Is it reliable?”(WTBH 98-9). These words are a clear cry for help.
Whether or not this cry was genuine, or was simply a cunning attempt to diminish punishment, is a matter that could and should have been determined at the time by a qualified psychiatrist. Instead, Knox was provided with a set of lawyers and a PR firm both of whom were set the task of claiming and proving their client’s innocence.
Her false allegation against an innocent man was then explained as resulting from a coercive police process - another ludicrous claim, contradicted by all the available evidence, including the self contradictory accounts published by the defendants themselves.
Knox and Sollecito are damaged individuals whose grip on reality is loose and whose delusional ramblings suggest that they need urgent psychiatric help. Instead, their fantasies have been cocooned by highly vocal supporters who have enabled the fantasists to maintain a series of fictions that, in the final analysis, will almost certainly fail to stand up to legal scrutiny.
Archived in Officially involved, The defenses, Other legal processes, Others elsewhere, Diversion efforts, The Knox-Mellases, Amanda Knox
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Wednesday, December 18, 2013
Multiple Ways In Which Amanda Knox’s Email To Judge Nencini Is Quite Misleading
Posted by FinnMacCool
1. Email from Knox with paragraphs numbered
Court of Appeals of Florence section II Assise Proc. Pen, 11113
Letter sent to attorneys Carlo Dalla Vedova and Luciano Ghirga via email Seattle, 15 December 2013
Attn: Honorable Court of Appeals of Florence
1. I have no doubt that my lawyers have explained and demonstrated the important facts of this case that prove my innocence and discredit the unjustified accusations of the prosecution and civil parties. I seek not to supplant their work; rather, because I am not present to take part in this current phase of the judicial process, I feel compelled to share my own perspective as a six—year-long defendant and victim of injustice.
2. The Court has access to my previous declarations and I trust will review them before coming to a verdict. I must repeat: I am innocent.
3. I am not a murderer. I am not a rapist. I am not a thief or a plotter or an instigator. I did not kill Meredith or take part in her murder or have any prior or special knowledge of what occurred that night. I was not there and had nothing to do with it.
4. I am not present in the courtroom because I am afraid. I am afraid that the prosecution’s vehemence will leave an impression on you, that their smoke and mirrors will blind you. I’m afraid of the universal problem of wrongful conviction. This is not for lack of faith in your powers of discernment, but because the prosecution has succeeded before in convincing a perfectly sound court of concerned and discerning adults to convict innocent people-Rafael and me.
5. My life being on the line and having with others already suffered too much, I’ve attentively followed this process and gleaned the following facts that have emerged from the development of this case that I beg you not to dismiss when making your judgment:
6. No physical evidence places me in Meredith ‘s bedroom, the scene of the crime, because I was not there and didn’t take part in the crime.
7. Meredith’s murderer left ample evidence of his presence in the brutal scenario: handprints, footprints, shoe prints in Meredith’s blood; DNA in her purse, on her clothing, in her body.
8. No evidence places me in the same brutal scenario. The prosecution has failed to explain how I could have participated in the aggression and murder—to have been the one to fatally wound Meredith—without leaving any genetic trace of myself. That is because it is impossible. It is impossible to identify and destroy all genetic traces of myself in a crime scene and retain all genetic traces of another individual. Either I was there, or I wasn’t. The analysis of the crime scene answers this question: I wasn’t there.
9. My interrogation was illegal and produced a false “confession” that demonstrated my non-knowledge of the crime- The subsequent memoriali, for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false “confession.” Just as I testified to the prosecutor in prison and to my family members in prison when our conversations were being recorded without my knowledge.
10. My behavior after the discovery of the murder indicates my innocence. I did not flee Italy when I had the chance. I stayed in Perugia and was at the police’s beck and call for over 50hours in four days, convinced that I could help them find the murderer. I never thought or imagined that they would have used my openness and trust to fuel their suspicions. I did not hide myself or my feelings: when I needed comfort, Rafael embraced me; when I was sad and scared, I cried; when I was angry, I swore and made insensitive remarks; when I was shocked, I paced or sat in silence; when I was trying to help, I answered questions, consoled Meredith’s friends and tried to keep a positive attitude.
11. Upon entering the questura I had no understanding of my legal position. Twenty—years old and alone in a foreign country, I was innocent and never expected to be suspected and subjugated to torture. I was interrogated as a suspect, but told I was a witness. I was questioned for a prolonged period in the middle of the night and in Italian, a language I barely knew. I was denied legal counsel- The Court of Cassation deemed the interrogation and the statements produced from it illegal. I was lied to, yelled at, threatened, slapped twice on the back of the head. I was told I had witnessed the murder and was suffering from amnesia. I was told that if I didn’t succeed in remembering what happened to Meredith that night I would never see my family again. I was browbeaten into confusion and despair. When you berate, intimidate, lie to, threaten, confuse, and coerce someone in believing they are wrong, you are not going to find the truth.
12. The police coerced me into signing a false “confession” that was without sense and should never have been considered a legitimate investigative lead. In this fragmentary and confused statement the police identified Patrick Lumumba as the murderer because we had exchanged text messages, the meaning of which the police wrongfully interpreted (‘Civediamo piu tardi. Buona serata’). The statement lacked a clear sequence of events, corroboration with any physical evidence, and fundamental information like: how and why the murder took place, if anyone else was present or involved, what happened afterward—it supplied partial, contradictory information and as the investigators would discover a little later, when Patrick Lumumba’s defense lawyer produced proof of him incontestable alibi, it was obviously inaccurate and unreliable. I simply didn’t know what they were demanding me to know. After over 50 hours of questioning over four days, I was mentally exhausted and I was confused.
13. This coerced and illegitimate statement was used by the police to arrest and detain a clearly innocent man with an iron-clad alibi with whom I had a friendly professional relationship. This coerced and illegitimate statement was used to convict me of slander. The prosecution and civil parties would have you believe that this coerced and illegitimate statement is proof of my involvement in the murder. They are accusing and blaming me, a result of their own overreaching.
14. Experience, case studies, and the law recognize that one may be coerced into giving a false"confession” because of torture.
15. This is a universal problem. According to the National Registry of Exoneration, in the United States 78% of wrongful murder convictions that are eventually overturned because of exonerating forensic evidence involved false “confessions.” Almost 8 in 10 wrongfully convicted persons were coerced by police into implicating themselves and others in murder. I am not alone. And exonerating forensic evidence is often as simple as no trace of the wrongfully convicted person at the scene of the crime, but rather the genetic and forensic traces of a different guilty party—just like every piece of forensic evidence identifies not me, but Rudy Guide.
16. In the brief time Meredith and I were roommates and friends we never fought.
17. Meredith was my friend. She was kind to me, helpful, generous, fun. She never criticized me. She never gave me so much as a dirty look.
18. But the prosecution claims that a rift was created between Meredith and I because of cleanliness. This is a distortion of the facts. Please refer to the testimonies of my housemaster and Meredith’s British friends. None of them ever witnessed or heard about Meredith and I fighting, arguing, disliking each other. None of them ever claimed Meredith was a confrontational clean-freak, or I a confrontational slob. Laura Masotho testified that both Meredith and I only occasionally cleaned, whereas she and Filament Romanal were more concerned with cleanliness. Meredith’s British friends testified that Meredith had once told them that she felt a little uncomfortable about finding the right words to kindly talk tome, her new roommate, about cleanliness in the bathroom we shared. The prosecution would have you believe this is motivation for murder. But this is a terrifying distortion of the facts.
19. I did not carry around Rafael’s kitchen knife.
20. This claim by the prosecution, crucial to their theory, is uncorroborated by any physical evidence or witness testimony. I didn’t fear the streets of Perugia and didn’t need to carry around with me a large, cumbersome weapon which would have ripped my cloth book bag to shreds. My book bag showed no signs of having carried a bloody weapon. The claim that he would have insisted I carry a large chef’s knife is not just senseless, but a disturbing indication of how willing the prosecution is to defy objectivity and reason in order to sustain a mistaken and disproven theory.
21. It is yet another piece of invented “evidence”, another circumstance of theory fabricated to order, because having discovered nothing else, the prosecution could only invent.
22. I had no Contact with Rudy Guide.
23. Like many youth in Perugia, I had once crossed paths with Rudy Guide. He played basketball with the young men who lived in the apartment below us. Meredith and I had been introduced to him together. Perhaps I had seen him amongst the swarms of students who crowded the Perugian streets and pubs in the evenings, but that was it. We didn’t have each other’s phone number, we didn’t meet in private, we weren’t acquaintances. I never bought drugs from Rudy Guide or anyone else. The phone records show no connection. There are no witnesses who place us together. The prosecution claims I convinced Rudy Guide to commit rape and murder, completely ignoring the fact that we didn’t even speak the same language. Once again, the prosecution is relying upon a disturbing and unacceptable pattern of distortion of the objective evidence.
24. I am not a psychopath.
25. There is no short list to the malicious and unfounded slanders I have suffered over the course of this legal process. In trial I have been called no less than:
“Conniving; manipulating; man—eater; narcissist; enchantress; duplicitous; adulterer; drug addict; an explosive mix of drugs, sex, and alcohol; dirty; witch; murderer; slanderer; demon; depraved; imposter; promiscuous; succubus; evil; dead inside; pervert; dissolute; a wolf in sheep’s clothing; rapist; thief; reeking of sex; Judas; she-devil;
26. I have never demonstrated anti-social, aggressive, violent, or behavior. I am not addicted to sex or drugs. Upon my arrest I was tested for drugs and the results were negative. I am not a split-personality One does not adopt behavior spontaneously.
27. This is a fantasy. This is uncorroborated by any objective evidence or testimony. The prosecution and civil parties created and pursued this character assassination because they have nothing else to show you. They have neither proof, nor logic, nor the facts on their side. They only have their slanders against me, their personal opinions about me. They want you to think I’m a monster because it is easy to condemn a monster. It is easy to dismiss a monster’s defense as deception. But the prosecution and civil parties are both severely mistaken and wrong. They have condemned me without proof of guilt, and they seek to convince you to condemn me without proof of guilt.
28. If the prosecution truly had a case against me, there would be no need for these theatrics. There would be no need for smoke and mirrors to distract you from the lack of physical evidence against me. But because no evidence exists that proves my guilt, the prosecution would seek to deceive you with these impassioned, but completely inaccurate and unjustified pronouncements. Because I am not a murderer, they would seek to mislead you into convicting me by charging your emotions, by painting me not as an innocent until proven guilty, but as a monster.
29. The prosecution and civil parties are committing injustices against me because they cannot bring themselves to admit, even to themselves, that they’ve made a terrible mistake.
30. The Court has seen that the prosecution and civil parties will not hear criticism of their mistakes. Not by the experts of the defense, nor by the experts of the Court.
31. The Court has seen that the prosecution jumped to conclusions at the very start of their investigation: they interrogated and arrested innocent people and claimed “Case Closed"before any evidence could be analyzed, before bothering to check alibis.
32. The prosecutor and investigators were under tremendous pressure to solve the mystery of what happened to Meredith as soon as possible. The local and International media was breathing down the necks of these detectives. Their reputations and careers were to be made or broken. In their haste, they made mistakes. Under pressure, they admitted to as few mistakes as possible and committed themselves to a theory founded upon mistakes.
33. Had they not jumped to conclusions based on nothing but their personal and highly subjective feeling, they would have discovered definitive and undeniable evidence of not Patrick Lumumba, not Rafael Sollecito, not Amanda Knox, but of Rudy Guide. We would not be here over six years later debating inconclusive and unreliable “clues.” We would have been spared the cost, anguish and suffering, not only of Raffaele’s and my family, but especially of Meredith’s family as well.
34. The prosecution’s accusations are unworthy of judicial or public confidence. In over six years they have failed to provide a consistent, evidence-driven, corroborated theory of the crime, but would nevertheless argue that you should take my life away. I beg you to see the facts and reason of what I say. I am innocent. Rafael is innocent. Meredith and her family deserve the truth. Please put an end to this great and prolonged injustice.
Amanda Marie Knox
2. Fact checking of Knox’s claims & aspersions
There are quite a lot of comments that could be made about Knox’s bizarre email to the court that is hearing her appeal.
One interesting point is that she claims “I am not present in the courtroom because I am afraid.” Her co-defendant, Raffaele Sollecito, was not so afraid and he did present himself at an earlier stage of the proceedings.
He made a spontaneous statement and the judge assured him that he should feel to intervene to make further interventions whenever he wished. So far he hasn’t wished to - he preferred to head back to the Caribbean for his holiday.
But that event and that presence by Sollecito completely undermine the credibility of Knox’s claim that she feels afraid of the court proceedings. There would be nothing to stop her coming and going, at this stage, just as Sollecito did.
I have no doubt that my lawyers have explained and demonstrated the important facts of this case that prove my innocence and discredit the unjustified accusations of the prosecution and civil parties.
That’s what her lawyers were about to try to do. But instead they had to hand this email to the judge, showing their client’s complete contempt for the court process.
I seek not to supplant their work
She doesn’t want to supplant the work of her own lawyers? Most defendants don’t, nor do they feel the need to tell the court that using an archaic seventeenth-century grammatical construction (where modern English would have “I do not mean to…” or “I do not wish to…”)
Because I am not present to take part in [my own appeal], I feel compelled to share.
As Judge Nencini said, if anyone wants to talk to a court, come to court. Knox chose not to be present, which means that the word “because” is not a logical connector for why she feels compelled to share what she thinks. “Even though” would make more sense.
The Court has access to my previous declarations and I trust will review them…
The court has access to thousands of pages. Everybody trusts that courts will review the evidence before passing judgment – that’s how the legal process works.
I must repeat: I am innocent.
In fact she does not have to repeat that, which is simply a reiteration of her not guilty plea.
I am not present in the courtroom because I am afraid.
The wording is reminiscent of a previous declaration, “I am very afraid of Patrik, the African boy who…” Also the court may remember the presence of her co-defendant, who made a brief presentation to the court (and was invited to intervene again at any time he saw fit) and who afterwards flew back to his extended vacation in the Dominican Republic. It is difficult to see what the defendants have to be afraid of from the court, except perhaps the truth.
I am afraid that the prosecution’s vehemence will leave an impression on you, that their smoke and mirrors will blind you.
The prosecution’s case has already been made; this was the opportunity for the defense to make their case. It is the court’s duty to consider the evidence without being overly swayed by the vehemence of lawyers from either side – they look at the facts, and pass judgment based on that, and this happens in literally millions of cases every year. (Cassazione alone reviews more than 80 thousand cases each year.)
This is not for lack of faith in your powers of discernment, but because the prosecution has succeeded before in convincing a perfectly sound court of concerned and discerning adults to convict innocent people – Raffaele and me.
The second half of the sentence contradicts the first. The writer is explicitly stating that she doubts that the court has sufficient powers of discernment to be able to see through the prosecution’s arguments. Her justification for saying this is simply that it has happened before, with a previous court.
I’ve attentively followed this process and gleaned the following facts…
This is a delusional statement. The writer is the defendant, who is the subject of the process, not an external observer to it. We can compare it with her statements following her arrest, in which she claimed still to be helping the police on an equal basis with them, despite being charged with the murder.
No physical evidence places me in Meredith’s bedroom, the scene of the crime…
The bedroom is where the murder took place, but the crime scene is much wider than that, and certainly encompasses the adjoining room where the burglary was faked, the bathroom where the killers cleaned up, and the corridor that connects those rooms. Knox’s blood, DNA, bare footprints are all found in those places. Within Meredith’s room itself, there is also a woman’s shoeprint that does not match the victim, and which Knox’s own lawyer was obliged to claim was caused by an unfortunate fold in the pillowcase.
Meredith’s murderer left ample evidence in the brutal scenario: handprints, footprints, shoe prints in Meredith’s blood, DNA in her purse, on her clothing, in her body.
The term “brutal scenario” makes no sense here, although she repeats it again a couple of lines later. Perhaps she means “crime scene” or “bedroom”. The only footprints found at the crime scene are those of Knox and Sollecito. A woman’s shoeprint in the room where the murder took place cannot be that of either Guede or the victim, and is most likely that of Knox.
The prosecution has failed to explain how I could have… been the one to fatally wound Meredith – without leaving any genetic trace of myself. That is because it is impossible.
Actually it is perfectly possible to do this – for example, simply by stabbing someone to death while wearing gloves. However, in this case the prosecution has in fact explained how several traces of Knox’s DNA have been found on the handle of the knife which had the victim’s DNA on the blade. That obviously fits a scenario in which Knox stabbed Meredith Kercher with that knife.
Either I was there, or I wasn’t.
The same thing applies to the appeal court. Either the defendants are there, or they are not. In this case, the defendant is not.
The analysis of the crime scene answers this question: I wasn’t there.
Knox’s footprints, blood and DNA, sometimes mixed with that of the victim, all place her at the crime scene, and so does her DNA on the handle of the murder weapon.
My interrogation was illegal and produced a false “confession” that demonstrated my non-knowledge of the crime.
“Non-knowledge” is a curious word. Knox’s witness interview was perfectly legal – it was only the unexpected confession from the witness that changed the status of that interview, so that its contents could no longer be used against her. But there is no question over its legality.
The subsequent memoriali, for which I was wrongfully found guilty of slander…
This is an extraordinary aside. The defendant is here rejecting the legitimacy of the Italian Supreme Court, which has definitively found against her, and is also rejecting the findings of the Hellmann court that provisionally freed her, pending appeal. Every single court has found against her on this count.
. ...did not further accuse but rather recanted that false “confession”.
Let us reread some excerpts from this supposed recantation: “After dinner I noticed there was blood on Raffaele’s hand… I stand by my statements that I made last night about events that could have taken place in my home with Patrik… In these flashbacks I’m having, I see Patrik as the murderer…Why did I think of Patrik?... Is there any other evidence condemning Patrik or any other person?” This is not a recantation, and it does in fact contain further accusations of Patrick Lumumba while also seeking to throw suspicion both on Sollecito and an unnamed “other person”.
My behavior after the discovery of the murder indicates my innocence.
As dozens of witnesses have testified in a series of trials and appeals, Knox’s post-murder behavior indicated the exact opposite, which is why suspicion fell on her in the first place.
I did not flee Italy when I had the chance.
On page 71 of her memoir, Knox recounts the following exchange with Officer Ficarra, on the day after the murder was discovered: “My parents want me to go to Germany to stay with relatives for a couple of weeks. Is that okay?” She said, “You can’t leave Perugia. You’re an important part of the investigation.”
I stayed in Perugia and was at the police’s beck and call for over 50 hours in four days.
Chapter Ten of her memoir gives her own account of what she did on Monday, November 5th. She went to a nine o’clock grammar class, at which she refused to discuss the case with her fellow students; she spoke on the phone with her Aunt Dolly, admitting that she had not yet contacted the US embassy; she bumped into Patrick Lumumba where she refused to talk to BBC reporters; she spent the afternoon with Sollecito and then accompanied him to a friend’s house where she played the ukulele. Far from being at the police’s beck and call, she ignored their request that she stay home while they interview Sollecito separately, and turned up to the Questura regardless, although not before they had finished their evening meal.
The police coerced me into signing a false “confession”….
Her false accusation of Patrick Lumumba, for which she was convicted and has already served four years in prison, was not a confession and was not coerced.
. …one may be coerced into giving a false “confession” because of psychological torture… This is a universal problem.
The US-based Innocence Project reports that there have been 244 exonerations since 2000, which is just over seventeen per year, which in turn means that currently in the USA, roughly 0.1% of cases are eventually overturned. Being wrongfully convicted might be devastating for the person concerned, but it is not a universal problem.
I did not carry around Raffaele’s kitchen knife.
The defendant has not been accused of carrying the knife around, but rather of stabbing Meredith Kercher to death with it. Forensic evidence supports that accusation, too.
I had no contact with Rudy Guede. Like many youth in Perugia, I had once crossed paths with Rudy Guede.
Very typical of Knox’s writing is this kind of self-contradiction, sometimes occurring within the same sentence, or as in this case, in consecutive sentences, seemingly with no self-awareness that any contradiction has even occurred.
If the prosecution truly had a case against me, there would be no need for these theatrics.
The prosecution is present in the court, having made its presentation in the usual way. The defense lawyers are about to do exactly the same thing. The only theatrics happening in the court at that moment is a bizarre email sent by one of the defendants, in lieu of attending her own appeal to her own murder conviction.
But because no evidence exists that proves my guilt, the prosecution would seek to deceive you with these impassioned, but completely inaccurate and unjustified pronouncements.
No further comments.
Archived in Officially involved, Appeals 2009-2015, Florence appeal, Diversion efforts, The Knox-Mellases, Knox's book, The many hoaxes, Italian justice hoax, No-evidence hoax, Knox interrog. hoax, Amanda Knox
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Saturday, November 30, 2013
Note For Strasbourg Court & State Department: Knox Herself Proves She Lies About Her Interrogation
Posted by James Raper
If any of the busy, hard-pressed ECHR investigators do choose to press beyond the ECHR guidelines, they will almost instantly establish that in her voluntary interview on 5 November 2007 Knox was treated with complete fairness.
Also that her false accusation of Patrick (which she never retracted) was entirely of her own doing.
And also that she is not only trying to throw sand into the wheels of Italian justice during an ongoing judicial process (a felony in Italy) but she is trying to welsh out of paying Patrick his damages award of $100,000 (a contempt of the Supreme Court) thus foolishly risking two more charges of aggravated calunnia.
This post derives from a post of mine last May. In another post, we showed that Dr Mignini was not present for the interrogation that night, and Knox maliciously invented an illegal interrogation at risk of a third aggravated calunnia charge.
In fact Dr Mignini met with Amanda Knox only briefly, later, to charge her and to warn she should say no more without a lawyer. He asked her no questions.
I will compare the various accounts of the interrogation to demonstrate that Amanda Knox is indeed lying to the ECHR, just as she did repeatedly in her book this year and also on US and European television.
- There are two main bodies of truth about the interrogation: (1) all of those present at various times on that night and (2) Knox’s own testimony on the witness stand in mid 2009.
- There are two main bodies of lies about the interrogation (1) The Sollecito book and (2) the Knox book, which by the way not only contradict one another but also contradict such other accounts as those of Saul Kassin and John Douglas.
The police had called her boyfriend Raffaele Sollecito in to the station for questioning and Knox had accompanied him because she did not want to be alone. They had already eaten at the house of a friend of Sollecito’s.
Knox’s interrogation was not tape recorded and in that sense we have no truly independent account of what transpired. The police, including the interpreter, gave evidence at her trial, but we do not yet have transcripts for that evidence other than that of the interpreter. There are accounts in books that have been written about the case but these tend to differ in the detail. The police and the interpreter maintain that she was treated well. Apart from the evidence of the interpreter all we have is what Knox says happened, and our sources for this are transcripts of her trial evidence and what she wrote in her book. I shall deal with the evidence of the interpreter towards the end of this article.
I am going to compare what she said at trial with what she wrote in her book but also there was a letter she wrote on the 9th and a recording of a meeting with her mother on the 10th November which are relevant.. What she wrote in her book is fairly extensive and contains much dialogue. She has a prodigious memory for detail now which was almost entirely lacking before. I am going to tell you to treat what she says in her book with extreme caution because she has already been found out for, well let us say, her creative writing if not outright distortion of facts. I shall paraphrase rather than quote most of it but a few direct quotes are necessary.
Knox arrived with Sollecito at the police station at about 10.30 pm (according to John Follain). The police started to question Sollecito at 10.40 pm (Follain).
In her book Knox describes being taken from the waiting area to a formal interview room in which she had already spent some time earlier. It is unclear when that formal questioning began. Probably getting on for about 11.30pm because she also refers to some questions being asked of her in the waiting room following which she did some stretches and splits. She then describes how she was questioned about the events over a period from about the time she and Sollecito left the cottage to about 9 pm on the 1st November.
Possibly there was a short break. She describes being exhausted and confused. The interpreter, Knox says, arrived at about 12.30 am. Until then she had been conversing with the police in Italian.
Almost immediately on the questioning resuming -
“Monica Napoleoni, who had been so abrupt with me about the poop and the mop at the villa, opened the door. “Raffaele says you left his apartment on Thursday night,” she said almost gleefully. “He says that you asked him to lie for you. He’s taken away your alibi.””
Knox describes how she was dumfounded and devastated by this news. She cannot believe that he would say that when they had been together all night. She feels all her reserves of energy draining away. Then -
“Where did you go? Who did you text?” Ficarra asked, sneering at me.
“I don’t remember texting anyone.”
They grabbed my cell phone up off the desk and scrolled quickly through its history.
“You need to stop lying. You texted Patrick. Who’s Patrick?”
“My boss at Le Chic.”
Stop right there.
How were the police able to name the recipient of the text? The text Patrick had sent her had already been deleted from Knox’s mobile phone by Knox herself and Knox hasn’t yet named Patrick. In fact she couldn’t remember texting anyone.
It is of course probable that the police already had a log of her calls and possibly had already traced and identified the owner of the receiving number for her text, though the last step would have been fast work.
In her trial testimony Knox did a lot of “the police suggested this and suggestd that” though it is never crystal clear whether she is accusing the police of having suggested his name. But she is doing it here in her book and of course the Knox groupies have always maintained that it was the police who suggested his name to her.
The following extract from her trial testimony should clear things up. GCM is Judge Giancarlo Massei.
GCM: In this message, was there the name of the person it was meant for?
AK: No, it was the message I wrote to my boss. The one that said “Va bene. Ci vediamo piu tardi. Buona serata.”
GCM: But it could have been a message to anyone. Could you see from the message to whom it was written?
AK: Actually, I don’t know if that information is in the telephone…………………..
GCM : But they didn’t literally say it was him!
AK : No. They didn’t say it was him, but they said “We know who it is, we know who it is. You were with him, you met him.”
GCM : Now what happened next? You, confronted with the message, gave the name of Patrick. What did you say?”
AK : Well, first I started to cry…....
And having implied that it was the police who suggested Patrick’s name to her, she adds….. that quote again -
“You need to stop lying. You texted Patrick. Who’s Patrick?”
“My boss at Le Chic.”
Here she is telling the Perugian cops straight out exactly to whom the text was sent. “My boss at Le Chic”.
But that does not quite gel with her trial testimony -
And they told me that I knew, and that I didn’t want to tell. And that I didn’t want to tell because I didn’t remember or because I was a stupid liar. Then they kept on about this message, that they were literally shoving in my face saying “Look what a stupid liar you are, you don’t even remember this!”
At first, I didn’t even remember writing that message. But there was this interpreter next to me who kept saying “Maybe you don’t remember, maybe you don’t remember, but try,” and other people were saying “Try, try, try to remember that you met someone, and I was there hearing “Remember, remember, remember…..
Doesn’t the above quote make it clear that the police were having considerable trouble getting Knox to tell them to whom her text message was sent? It would also explain their growing frustration with her.
But perhaps the above quote relates not to whom the text was sent but, that having been ascertained, whether Knox met up with that person later? Knox has a habit of conflating the two issues. However there is also the following quote from her trial testimony -
Well there were lots of people who were asking me questions, but the person who had started talking with me was a policewoman with long hair, chestnut brown hair, but I don’t know her. Then in the circle of people who were around me, certain people asked me questions, for example there was a man holding my telephone, and who was literally shoving the telephone into my face, shouting “Look at this telephone! Who is this? Who did you want to meet?”
Then there were others, for instance this woman who was leading, was the same person who at one point was standing behind me, because they kept moving, they were really surrounding me and on top of me. I was on a chair, then the interpreter was also sitting on a chair, and everyone else was standing around me, so I didn’t see who gave me the first blow because it was someone behind me, but then I turned around and saw that woman and she gave me another blow to the head.
The woman with the long hair, chestnut brown hair, Knox identifies in her book as Ficarra. Ficarra is the policewoman who started the questioning particularly, as Knox has confirmed, about the texted message. “Look at this telephone! Who is this? Who did you want to meet?” Again, surely this is to get Knox to identify the recipient of the text, not about whether she met up with him?
In the book though, it is all different.
In the book, the police having told her that the text is to someone called Patrick, Knox is a model of co-operation as, having already told them that he is her boss at Le Chic, she then gives a description of him and answers their questions as to whether he knew Meredith, whether he liked her etc. No reluctance to co-operate, no memory difficulties here.
Notwithstanding this, her book says the questions and insinuations keep raining down on her. The police insist that she had left Sollecito’s to meet up with - and again the police name him - Patrick.
“Who did you meet up with? Who are you protecting? Why are you lying? Who’s this person? Who’s Patrick?”
Remember again, according to her trial testimony the police did not mention Patrick’s name and Knox still hasn’t mentioned his name. But wait, she does in the next line -
“I said “Patrick is my boss.””
So now, at any rate, the police have a positive ID from Knox regarding the text message and something to work with. Patrick - boss - Le Chic.
Knox then refers to the differing interpretations as to what “See you later” meant and denies that she had ever met up with Patrick that evening. She recalls the interpreter suggesting that she was traumatized and suffering from amnesia.
The police continue to try to draw an admission from Knox that she had met up with Patrick that evening - which again she repeatedly denies. And why shouldn’t she? After all, she denies that she’s suffering from amnesia, or that there is a problem with her memory. The only problem is that Sollecito had said she had gone out but that does not mean she had met with Patrick.
Knox then writes, oddly, as it is completely out of sequence considering the above -
“They pushed my cell phone, with the message to Patrick, in my face and screamed,
“You’re lying. You sent a message to Patrick. Who’s Patrick?”
That’s when Ficarra slapped me on my head.”
A couple of blows (more like cuffs) to the head (denied by the police) is mentioned in her trial testimony but more likely, if this incident ever happened, it would have been earlier when she was struggling to remember the text and to whom it had been sent. Indeed that’s clear from the context of the above quotes.
And this, from her trial testimony -
Remember, remember, remember, and then there was this person behind me who—it’s not that she actually really physically hurt me, but she frightened me.”
In the CNN TV interview with Chris Cuomo, Knox was asked if there was anything she regretted.
Knox replied that she regretted the way this interrogation had gone, that she wished she had been aware of her rights and had stood up to the police questioning better.
Well actually, according to the account in her book, she appears to have stood up to the police questioning with a marked degree of resilience and self- certainty, and with no amnesia. There is little of her trademark “being confused”.
So why the sudden collapse? And it was a sudden collapse.
Given the trial and book accounts Knox would have us think that she was frightened, that it was due to exhaustion and the persistent and bullying tone of the questioning, mixed with threats that she would spend time in prison for failing to co-operate. She also states that -
(a) she was having a bad period and was not being allowed to attend to this, and
(b) the police told her that they had “hard evidence” that she was involved in the murder.
Knox has given us a number of accounts as to what was actually happening when this occurred.
In a letter she wrote on the 9th November she says that suddenly all the police officers left the room but one, who told her she was in serious trouble and that she should name the murderer. At this point Knox says that she asked to see the texted message again and then an image of Patrick came to mind. All she could think about was Patrick and so she named him (as the murderer).
During a recorded meeting with her mother in Capanne Prison on the 10th November she relates essentially the same story.
In her book there is sort of the same story but significantly without mention of the other officers having left the room nor mention of her having asked to see the texted message again.
If the first two accounts are correct then at least the sense of oppression from the room being crowded and questions being fired at her had lifted.
Then this is from her book -
In that instant, I snapped. I truly thought I remembered having met somebody. I didn’t understand what was happening to me. I didn’t understand that I was about to implicate the wrong person. I didn’t understand what was at stake. I didn’t think I was making it up. My mind put together incoherent images. The image that came to me was Patrick’s face. I gasped. I said his name. “Patrick—it’s Patrick.
It’s her account, of course, but this “Patrick - It’s Patrick” makes no sense at this stage of it unless it’s an admission not just that she had met up with Patrick but that he was at the cottage and involved in Meredith’s death.
And this is from her trial testimony -
GCM : Now what happened next? You, confronted with the message, gave the name of Patrick. What did you say?
AK : Well, first I started to cry. And all the policemen, together, started saying to me, you have to tell us why, what happened? They wanted all these details that I couldn’t tell them, because in the end, what happened was this: when I said the name of Patrick I suddenly started imagining a kind of scene, but always using this idea: images that didn’t agree, that maybe could give some kind of explanation of the situation.
There is a clear difference between these two quotes.
The one from her book suggests that she was trying hard but that the police had virtually brought her to the verge of a mental breakdown.
Her trial testimony says something else; that a scene and an idea was forming in her mind brought on by her naming of Patrick.
In her book she states that a statement, typed up in Italian, was shoved under her nose and she was told to sign it. The statement was timed at 1.45 am. The statement was not long but would probably have taken about twenty minutes to prepare and type.
The statement according to Knox -
... I met Patrick immediately at the basketball court in Piazza Grimana and we went to the house together. I do not remember if Meredith was there or came shortly afterward. I have a hard time remembering those moments but Patrick had sex with Meredith, with whom he was infatuated, but I cannot remember clearly whether he threatened Meredith first. I remember confusedly that he killed her.
The fact that the statement was in Italian is not important. Knox could read Italian perfectly well. However she does insinuate in the book that the details in the statement were suggested to her and that she didn’t bother to read the statement before signing.
Apart from what has been mentioned above, there are some other points and inferences to be drawn from the above analysis.
- 1. Knox’s account destroys one of Sollecito’s main tenets in his book Honour Bound. Sollecito maintains that he did nothing to damage Knox’s alibi until he signed a statement, forced on him at 3:30 am and containing the damaging admission that Knox had gone out. But Knox makes it clear that she had heard from the Head of the Murder Squad that he had made that damaging admission, at or shortly after 12.30 am. Or is Knox is accusing Napoleoni of a bare-faced lie?
2. It is valid to ask why Knox would not want to remember to whom the text had been sent. Who can see into her mind? Perhaps Knox realized that discussion of it would confirm that if she had indeed gone out then it was not to Le Chic, where she was not required. However even if she thought that could put her in the frame it’s not what an innocent person would be too worried about. Perhaps she did just have difficulty remembering?
3. If there was no fuss and she did remember and tell the police that the text was to Patrick, and the questioning then moved on to whether she met up with Patrick later that evening, what was the problem with that? She knew the fact that she hadn’t met up with him could be verified by Patrick. She could have said that and stuck to it. The next move for the police would have been to question Patrick. They would not have had grounds to arrest him.
4. Knox stated in her memorial, and re-iterates it in her book, that during her interrogation the police told her that they had hard evidence that she was involved in Meredith’s murder. She does not expand on what this evidence is, perhaps because the police did not actually tell her. However, wasn’t she the least bit curious, particularly if she was innocent? What was she thinking it might be?
5. I can sympathise with any interviewee suffering a bad period, if that’s true. However the really testy period of the interview/interrogation starts with the arrival of the interpreter, notification of Sollecito’s withdrawal of her alibi and the questioning with regard to the text to Patrick, all occurring at around 12.30 am. There has to be some critical point when she concedes, whether to the police or in her own mind, that she’d met “Patrick”, after which there was the questioning as to what had happened next. Say that additional questioning took 20 minutes. Then there would be a break whilst the statement is prepared and typed up. So the difficult period for Knox, from about 12.30 am to that critical point, looks more like about 35 to, at the outside, 50 minutes.
6. Even if, for that period, it is true that she was subjected to repeated and bullying questions, and threats, then she held up remarkably well as I have noted from her own account. It does not explain any form of mental breakdown, let alone implicating Patrick in murder. In particular, if Knox’s letter of the 9th and the recording of her meeting with her mother on the 10th are to believed, that alleged barrage of questions had stopped when she implicated Patrick. An explanation, for what it’s worth, might be that she had simply ceased to care any longer despite the consequences. But why?
7. A better and more credible explanation is that an idea had indeed formed suddenly in her mind. She would use the revelation about the text to Patrick and the consequent police line of questioning to bring the questioning to an end and divert suspicion from her true involvement in the murder of Meredith Kercher. She envisaged that she would be seen by the police as a helpless witness/victim, not a suspect in a murder investigation. As indeed was the case initially. She expected, I am sure, to be released, so that she could get Sollecito’s story straight once again. If that had happened there would of course remain the problem of her having involved Patrick, but I dare say she thought that she could simply smooth that over - that it would not be a big deal once he had confirmed that there had been no meeting and that he had not been at the cottage, as the evidence was bound to confirm.
At the beginning I said that we also have a transcript now of the evidence of the interpreter, Anna Donnino. I will summarise the main points from her evidence but it will be apparent immediately that she contradicts much of what Knox and her supporters claim to have happened.
Donnino told the court that she had 22 years experience working as a translator for the police in Perugia. She was at home when she received a call from the police that her services were required and she arrived at the police station at just before 12.30 am, just as Knox said. She found Knox with Inspector Ficarra. There was also another police officer there whose first name was Ivano. At some stage Ficarra left the room and then returned and there was also another officer by the name of Zugarina who came in. Donnino remained with Knox at all times
The following points emerge from her testimony :-
- 1. Three police officers do not amount to the “lots of people” referred to in Knox’s trial testimony, let alone the dozens and the “tag teams” of which her supporters speak.
2. She makes no mention of Napoleoni and denied that anyone had entered the room to state that Sollecito had broken Knox’s alibi. (This is not to exclude that this may have happened before Donnino arrived)
3. She states that Knox was perfectly calm but there came a point when Knox was being asked how come she had not gone to work that she was shown her own text message (to Patrick). Knox had an emotional shock, put her hands to her ears and started rolling her head and saying “It’s him! It’s him! It’s him!”
4. She denied that Knox had been maltreated or that she had been hit at all or called a liar.
5. She stated that the officer called Ivano had been particularly comforting to Knox, holding her hand occasionally.
6. She stated that prior to the 1.45 am statement being presented to Knox she was asked if she wanted a lawyer but Knox said no.
7. She stated that she had read the statement over to Knox in english and Knox herself had checked the italian original having asked for clarification of specific wording.
7. She confirmed that that she had told Knox about an accident which she’d had (a leg fracture) and that she had suffered amnesia about the accident itself. She had thought Knox was suffering something similar. She had also spoken to Knox about her own daughters because she thought it was necessary to establish a rapport and trust between the two of them.
The account in Knox’s book is in some ways quite compelling but only if it is not compared against her trial testimony, let alone the Interpreter’s testimony: that is, up to the point when she implicates Patrick in murder. At that point no amount of whitewash works. The Italian Supreme Court also thought so, upholding Knox’s calunnia conviction, with the addition of aggravating circumstances.
Archived in Officially involved, The defenses, Diversion efforts, The Knox-Mellases, Knox's book, The many hoaxes, Knox interrog. hoax, Amanda Knox
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Wednesday, November 27, 2013
Amanda Knox Lies Again To Get Herself Into Another European Court “But Really, Judge, Its Only PR”
Posted by Kermit
This is the first of two posts on Knox’s claim to have sent an appeal to the Strasbourg-based European Court of Human Rights (ECHR).
Last Monday the main event that followers of the Meredith Kercher murder case were awaiting was the closing argument by Prosecutor Alessandro Crini in Amanda Knox’s and Raffaele Sollecito’s appeal trial.
Dr Crini’s structuring of the prosecution’s case in 16 points demolished the defendants’ efforts to present the volume of evidence against them as an incredible, long series of mistakes, coincidences and misunderstandings.
It seems, however, that Amanda Knox and her people didn’t want the public to be too fascinated by Dr Crini’s devastating argument. They really wanted them to be distracted by what can only be seen as an ill-judged public relations move, breaking yet more laws along the way.
Knox attempted to blow smoke over the prosecution’s arguments by grandly announcing “today, my lawyers filed an appeal of my slander[sic] conviction with the European Court of Human Rights.” That explanation of her PR ploy calls for a close review of her eligibility (here) and her so-called proof (next post).
Knox’s eligibility or otherwise
The European Court of Human Rights, is a supranational European tribunal dedicated to – as its name suggests - human rights.
It is not dedicated to criminal or civil proceedings on murder, sexual assault, theft, simulation of a crime, or any of the other charges that Knox faces.
In fact, to avoid the many unnecessary or spurious applications which hamper real cases getting attended to, the ECHR provides a number of online resources on who may apply and how and why.
One of the first issues that its advice underlines is that it is not a glorified appeals court:
Either Knox’s legal advisors are just ignorant (which ones? The Italian professionals, or the American media hacks?) or this is simply a last-ditch Hail Mary action as an extradition request moves inexorably closer.
If the ECHR makes clear that it isn’t a court of appeal, there shouldn’t be any direct correlation between the Supreme Court confirming her as a convicted criminal and her application to the ECHR.
If that is in fact the basis of their application, it will not go far before rejection. In fact, the vast majority (more than 95%) of applications get rejected:
“For a number of years now, and owing to a variety of factors, the Court has been submerged by individual applications (over 130,000 were pending as at 31 August 2010). The overwhelming majority of these applications (more than 95%) are, however, rejected without being examined on the merits for failure to satisfy one of the admissibility criteria laid down by the Convention.
This situation is frustrating on two counts.
Firstly, as the Court is required to respond to each application, it is prevented from dealing within reasonable time-limits with those cases which warrant examination on the merits, without the public deriving any real benefit.
Secondly, tens of thousands of applicants inevitably have their claims rejected, often after years of waiting.”
It would be a outrageous if other, real human rights cases were delayed due to a Public Relations ruse as part of an extra-judicial strategy to undermine a request for Knox’s extradition.
Other ECHR on-line resources help potential applicants decide if they be eligible to be heard at the Court.
Below, a work-flow chart presents the main steps, including various “Admissibility Criteria”:
A first admissibility criterion
The first Admissibility criterion is that an applicant has exhausted “domestic remedies” in pursuing the recognition and correction of the human rights he or she feels have been abused.
Knox in her application to the ECHR directly relates the Italian Supreme Court final confirmation of her “calunnia” sentence (three years for obstruction of justice for framing her kindly boss Patrick Lumumba as the murderer of Meredith Kercher, thereby throwing off the course of the investigation) to her application to the ECHR.
But what were the supposed human rights abuses suffered? What did she do to remedy them?
The first requirement of exhausting “domestic remedies” means that the rights abuses that Knox alleges she has suffered have been pursued in Italy, and that all possible instances of reclamation in Italy have been visited.
However, as far as the public knows, Knox has not even placed a formal complaint concerning supposed civil rights abuse. Certainly her own Italian lawyers have said they havent.
The US and Italian publics would be interested in seeing her specific claims to the ECHR and whether there is any registration of such claims or complaints with the Italian police or other administrative or NGO offices.
Knox’s needling stepfather, Chris Mellas, stated in April 2008 on a precursor to the PMF discussion forum that a complaint had been filed concerning Amanda being hit during questioning.
[Click for larger version]
However, nothing more has ever been heard of this complaint, which definitely would have been a starting point for pursuing domestic Italian remedies to the claimed rights abuse.
Since it appears zero rights abuses have been pursued in Italy, and the date of Knox’s application to the ECHR is in effect unrelated to her “calunnia” sentence confirmed by the Supreme Court, the six month limit beyond national remedies related to the rights abuse for applying to the ECHR is irrelevant here.
It should be noted that when Prosecutor Crini asked this week for an addition to Knox’s confirmed sentence for “calunnia”, adding another year to the three years already served by the convicted criminal, this is not a reopening of the “calunnia” case or an example of “double jeopardy”, but rather the reassessment on appeal of a separate, pending issue related to the basic calunnia charge: whether it should include an additional year of sentence for being aggravated.
Since this aggravation addition to the charge is awaiting determination, and follows from instructions of the Italian Supreme Court (and could result in an additional year in prison), it is not part of the prior, confirmed sentence.
A second admissibility criterion
Now just in case Knox or her lawyers would like to allege any perceived human rights abuse whatsoever in their ECHR application, the Strasbourg court insists on the reclamation in question being directly related to one of the sections of the European Convention on Human Rights
I’ve gone through it and I see chapters related to illegal detention (detention permitted only following arrest) and torture, but nothing related to getting cuffed on the back of your head.
If such an event ever occurred, it shouldn’t have, but quite likely one of the other authorities or rights bodies listed by the ECHR may be better equipped to deal with it.
This is a second Admissibility Criterion that filters out many applications: one can’t simply run to the ECHR saying “my rights have been abused” – the issue at hand must be directly related to the European Convention on Human Rights.
I seriously doubt the “hitting” event ever occurred because Knox’s own Italian lawyer Luciano Ghirga denied it, stating to the Press on 21 October 2008:
Amanda wasn’t hit. There were pressures fom the police, sure, but we never said she was hit.
As our next post here on this same subject will show, even Knox herself admitted she was treated well.
[Above: Amanda Knox’s Italian courtroom lawyer stating to the Press in 2008 that she had not been hit.]
If Knox hasn’t even tried to remedy being allegedly hit in Italy by suing or making formal complaints, nevertheless the Italian police certainly have acted upon such suggestions.
A number of legal processes are under way against Knox and her family members for slander and calunnia. Knox might face two more charges of aggravated calunnia. Why do I doubt that Knox has even mentioned those other legal processes in her application to the ECHR?
Those charges would of course have to be taken care of (as part of “exhausting domestic remedies”) before the ECHR would be able to consider her application, assuming it surmounted all of its other shortcomings to get to the ECHR judges’ hands.
A third admissibility criterion
Another Admissibility Criteria is the “Significant Disadvantage” filter. If an alleged rights abuse is minimal – compared to the very serious issues that the ECHR was created to consider – the application will go no further.
The only violent description of Knox’s alleged beating was given by her stepfather, Chris Mellas: “She was interrogated, and hit, and threatened,” he typed. “Tortured. Physically and mentally”.
However, there was never any medical or forensic notification of such “torture” before or after her incarceration in Capanne Prison.
Rather, Knox spent her time in prison receiving regular visits from a lovelorn Italian politician who befriended her, and participating in prison musical and theatrical activities.
[Click for larger version]
In underlying the “significant disadvantage” requirement, the ECHR states in its examples of rejected claims, that it can’t be distracted by the French driver who lost a point on his driver’s licence, or the Romanian who claims 90 euros from the State, when the Court has real and serious Human Rights cases to deal with such as:
- El-Masri v. the former Yugoslav Republic of Macedonia (Article 3 of European Convention on Human Rights: Torture and inhuman and degrading treatment during and following applicant’s extraordinary rendition to CIA)
- Hirsii Jamaa and others v. Italy (Article 4 of Protocol No. 4: Return of migrants intercepted on the high seas to country of departure)
It’s almost certain that Knox has not pursued on an Italian level any remedies to her alleged human rights abuse (whatever it was), nor is there any evidence that the investigation into Meredith Kercher’s murder and the subsequent trials of Knox, Rudy Guede and Raffaele Sollecito were affected in their outcome by the rights abuse.
This is especially the case if the limit of Knox’s human rights suffering is that described by a talky ex-FBI helicopter pilot turned ex-college security guy turned Amanda Knox groupie, Steve Moore.
Moore describes the “frightful” circumstances of Knox’s witness questioning on the night of 5 November 2007 for the couple of hours (perhaps even somewhat less) that it lasted:
No food, no coffee, no bathroom breaks – nothing.
Francesco Sforza is currently a fugitive from the Seattle courts on two counts of Assault-Domestic Violence, who continues to support Amanda in ongoing Internet blog posts, from wherever he may be.
See below. Click for larger. In purple, my corrections to Knox’s “what-I-want-the-World-to-believe” post about applying to the ECHR.
Between the manifest doubtfulness of the acceptability of Knox’s application to the European Court of Human Rights, on one hand, and the falsehoods and half-truths in her announcement, on the other, why do I get the feeling that the only reason and hope she and her team have in announcing the application (whether really filed or not) is to distract the attention of the followers of her appeal trial from the prosecution’s weighty arguments?
This will have little if any effect on the wheels of Italian Justice, and probably even less on a State Department more concerned with maintaining good relations with European allies while diplomatic challenges occur in the Middle East and Asia, than with a lobby plan to prevent Knox’s extradition.
[Below: The European Court of Human Rights in Strasbourg France]
Archived in Public evidence, Knox's alibis, Diversion efforts, The Knox-Mellases, Knox's book, The many hoaxes, Knox interrog. hoax, Amanda Knox
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Sunday, November 10, 2013
The Crime-Scene Clean-Up: How Rudy Guede’s Diary Provides Even More Proof That It Happened
Posted by pat az
Rudy Guede was ultimately declared convicted by the Supreme Court in 2010 of participating in the 2007 murder of Meredith Kercher.
The prosecution claims the two other participants are Amanda Knox and Raffaele Sollecito. Knox and Sollecito are currently appealing their conviction of the same crime.
The case against the three of them involves a suspected clean up of the hallway in the apartment after the crime. Meredith’s blood was found in the bathroom, and half a footprint in her blood was found on the bathroom mat. However, there was no visible blood between Meredith’s bedroom and the bathroom.
The only visible blood in the hallway were faint partial shoe prints that led directly out the front door of the apartment.
After the murder was discovered, the media reported almost daily on developments in the case. The day of the murder, the press reported on the blood found in the bathroom and the bedroom.
But until police used luminol at the apartment on December 18th, the media didn’t report on any significant blood found in the hallway. Between November 2nd and December 18th, only one person stated that significant amounts of blood had been in the hallway.
Rudy Guede actually wrote about it in his diary between Nov 20th and Dec 6th, after being captured in Germany.
The police arrived at the apartment on November 2nd. According to media reports, the blood they spotted immediately was only in the bathroom and Meredith’s bedroom. When the scene was more closely examined, after the discovery of the body, police found visible blood patterns on the floor left by Guede’s left shoe as he left the apartment.
None of the people who arrived in the apartment on the afternoon of November 2nd reported seeing them; these footprints are not in any of the stories of the events of Nov 2nd told by Amanda Knox nor Raffaele Sollecito. So, while these prints were visible, they were not substantially obvious.
On December 18th 2007 investigators applied Luminol in the hallway and other bedrooms. This forensic chemical is used to detect blood which has been cleaned away. The Luminol revealed several footprints in the hallway between the bedrooms of Knox and Meredith. Example below. Some of these footprints were leading towards Meredith’s door.
They also discovered prints in Filomena’s room which contained Meredith’s DNA and Amanda Knox’s DNA. They also revealed a footprint in Amanda Knox’s bedroom. (The defense unsuccessfully contested the investigator’s conclusions that these prints were made with blood).
On November 19 2007, an international arrest warrant was issued for Rudy Guede. He was arrested in Germany on November 20th. Guede remained in Germany until his extradition on December 3rd.
During his stay in jail in Germany, Guede wrote a long statement that was published and translated. Guede’s writings are similar to to Knox’s jail writings in many ways - they both try to write out their own detailed version of events, while pointing blame elsewhere.
But Guede’s comments may in fact be confirmation of a clean-up after the murder of Meredith Kercher (emphasis added):
I am asking myself how is it possible that Amanda could have slept in all that mess, and took a shower with all that blood in the bathroom and corridor? (Guede, Germany Diary, P21)
The police did not find evidence of any other blood until December 18th, AFTER Guede returned from Germany. As indicated above, the luminol revealed multiple footprints in the hallway, in Knox’s bedroom, and in Filomena’s bedroom. The image below shows these results in blue. Guede’s partial footprints are shown in red.
The conclusion is inescapable: Guede knew there would be significant evidence of blood in the hallway, before the police themselves found that evidence.
How did Guede know there would be more blood found in the hallway, before the police found that evidence on December 18th? And why wasn’t that blood there on the morning of November 2nd?
The courts believe the blood in the hallway was cleaned after the murder of Meredith Kercher. And the Micheli and Massei courts believed only one person had the motivation to hide this evidence: Amanda Knox.
Here is a summary of Judge Micheli’s October 2008 indictment finding.
In Judge Massei’s December 2009 trial finding for the original conviction of Knox and Sollecito, he also writes about the clean-up that the judges believed to have happened:
Further confirmation is constituted by the fact that, after Meredith’s murder, it is clear that some traces were definitely eliminated, a cleaning activity was certainly carried out. In fact, the bare foot which, stained with blood, left its footprint on the sky-blue mat in the bathroom, could only have reached that mat by taking steps which should have left other footprints on the floor, also marked out in blood just like (in fact, most likely, with even more [blood], since they were created before the footprint printed on the mat) the one found on the mat itself. Of such other very visible footprints of a bloody bare foot, on the contrary, there is no trace. (Massei, Dec 09; PMF translation)
In defense of Guede, Knox, and Sollecito, some might try to claim that Guede heard about blood in the hallway in the news. Rudy Guede was arrested 18 days following the murder of Meredith Kercher. During that time he had access to read the news and watch reports.
I have searched for articles in the period between November 2nd and December 18 which mention blood. All of the articles I have found so far discuss blood in the bedroom or the bathroom. One or two discuss footprints leading to the front door.
None of them discuss blood in the hallway that would justify a statement from Guede of “tutto quel sangue nel bagno e sul corridoghe” (all that blood in the bathroom and in the corridor)
Guede himself said he went between the bedroom and the bathroom, so may have tracked blood into the bathroom and therefore known blood would be found in the hallway.
Even that knowledge however confirms a clean-up, as there was not a trail of blood between the bathroom and Meredith’s room that justifies the footprint on the bathmat and blood found in the bathroom.
I have my own questions as a result of Guede’s knowledge of blood in the hallway:
Could the attack have started in the hallway? Could the first blood shed have been on the hallway tiles?
The prosecution and courts argue that Amanda Knox had a role in the attack and murder. Knox and her supporters are very adamant that there is no trace of Knox in Meredith’s bedroom. While the courts argue otherwise, could Knox’s role have been limited to the hallway?
Sadly, we may never know the full truth of what happened on the evening of November 1st, 2007.
My timeline of media reports on blood
- Nov 2nd: Meredith Kercher found. Blood found in bathroom.
- Nov 5th: Police analyzing traces of blood from apartment below.
- Nov 5th: A “trail of blood” is on the inside handle of the door to the apartment.
- Nov 7th: reports of Amanda Knox’s statements, includes finding blood in the bathroom.
- Nov 14th: Police use of Luminol at Sollectio’s house. First reports on the knife seized by police from Sollecito’s house.
- Nov 19th: Analysis of blood in bedroom (pillow, bra, etc).
- Nov 22nd: Guede’s prints in blood.
- Nov 27th: Amanda Knox’s blood on bathroom tap.
- Nov 28th: Blood in bathroom.
- Dec 5th: Reports of Guede’s letter to father: “there was so much blood”.
My timeline of main events involving Guede
- Nov 2nd, 2am – 4:30 am: Guede seen by witnesses at Domus nightclub.
- Nov 3: Guede leaves Perugia for Germany
- Nov 11: Guede’s cell phone tracked in Milan (Corriere)
- Nov 12: Newspaper reports a 4th suspect.
- Nov 19: Guede identified as suspect in newspapers
- Nov 19: Guede skype conversation with friend.
- Nov 20: Patrick released from prison.
- Nov 20: Guede arrested while trying to return to italy on train in Germany.
- Nov 21: Guede interrogated by German police; Guede admits to being at apartment, blames an italian man for murder.
- Nov 20-Dec 5: Guede writes diary in German prison.
- Dec 3: Germany grants Guede’s extradition back to Italy.
- Dec 6: Guede returns to Perugia.
- Dec 7: Guede interrogated by Magistrate.
- Dec 14: Guede ordered to remain in prison.
- Dec 17: Knox is questioned by Mignini.
- Dec 18: Police use luminol in apartment and find footprints in hallway and in Filomena’s bedroom.
Archived in The former defendants, Amanda Knox, Raff Sollecito, Rudy Guede, Public evidence, The timelines, DNA and luminol, Crime hypotheses, Trials 2008 & 2009, The Micheli report, Massei prosecution, Appeals 2009-2015, Guede appeals, Diversion efforts, The Knox-Mellases, Knox's book, The Sollecitos, Sollecito's book, Nina Burleigh, Michael Heavey, Steve Moore, Bruce Fischer, The "profilers", The many hoaxes, No-evidence hoax, DNA contam hoax, The Guede hoax
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Tuesday, October 08, 2013
Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?
Posted by Marcello
1. Problems Of Your “Guede did it alone” Mantra
Your attempts to frame Guede for the entire attack sound racist, and they fly in the face of a multitude of hard facts.
Why are you and your more untethered supporters arguing to the media that Rudy Guede alone attacked Meredith (he could not have), that he was a drifter (he wasnt), a burglar (he wasnt), and drug dealer (he wasnt), and that his DNA traces are “all over Meredith’s room” (they werent)?
There are surprisingly few DNA traces of Guede in there, and outside Meredith’s door there is only evidence of (1) his prior use of the south bathroom, and (2) his shoeprints headed straight for the front door.
There is zero evidence that Rudy Guede was ever in the shared bathroom (the one with Sollectio’s bloody footprint on the bathmat) and zero evidence he was in Filomena’s room (the one with the broken window and the mixed DNA of Meredith and Knox).
2. Evidence Against You Is Far, Far Stronger
Explain if you can why YOUR own witnesses Alessi and Aviello were such disasters for your side in court. Explain your cell phone actions (or non-actions) and the timing and content of your phone calls, and your computer actions (or non actions).
Explain why in Sollecito’s book he claims he sent several emails throughout the night; but there zero records of such emails with his email provider. Explain why both Sollecito and Knox framed Dr Mignini.
There are three compelling reasons above all why the Massei court and the Supreme Court will remain totally unbending on the point that Guede did NOT attack Meredith alone, and that it had to be a pack attack on Meredith.
- One is the full day of closed court testimony at trial by crime-scene experts from Rome who accounted for every point of evidence in Meredith’s room with a depiction of a 15 minute pack attack involving three people. This seriously upset the jury and your own defense was left essentially speechless.
- One is the prosecution’s video shown in closed court during Summations of the recreation of the attack on Meredith, which accounted for every point of evidence with a 15 minute pack attack involving three people. This seriously upset the jury and your own defense was left essentially speechless .
- One is that the entry of an attacker via Filomena’s room is so absolutely unbelievable. Your own defense always knew this, and barely tried to make that sale (hence the witnesses Alessi and Aviello).
There are seven other routes for a burglar to enter the house, all of them faster and quieter and five of them darker. You can see five in these images below: two via the east windows, three up onto the balcony and into the house via the louvre door or the kitchen window.
All seven routes would be obvious to any burglar, long before he walked all the way around the base of the house to beneath Filomena’s window (which he did several times in your scenario).
3. The Numerous Questions From Which You Hide
On or after 6 November you have both promised to appear in the appeal court in Florence. You are apparently too nervous to face cross-examination under oath, but you have said you intend to try to explain things.
- 1) Rudy Guede had been to the apartment at least twice already on prior occasions and knew the boys who lived in the lower story. Why did Guede choose to NOT break-in to the lower story where he knew (or could ascertain) that all four boys were away on holiday, and therefore could break-in and rummage with some certainty of not getting caught?
2) Why did Guede choose to break-in to the upper story of the villa when he surely knew Knox and Kercher would be staying at the villa for the holidays and could have returned at any time to “catch him in-the-act”?
3) Why did Guede not check the cottage to make sure no one was there before attempting the break-in? Surely he would have verified that no one was present by circling the cottage and checking if any lights were on in the windows.
4) If Guede did circle the cottage to make sure no one was there before attempting the break-in, why would he then choose the most visible and more difficult path of entry through a second story window, as opposed to the more hidden and easier path of break-in at the back of the villa, which he would have noticed while circling the villa?
5) Why would Guede choose to break-in through a second story window that was highly exposed to the headlights of passing cars on the street as well as exposed to night lighting from the carpark?
6) Ms. Romanelli testified that she had nearly closed the exterior shutters. Assuming her memory is correct, there is no way a burglar could easily verify if the windows were latched and if the inner scuri were latched to the window panes, which would make access to the window latch impractical unless one was armed with a core drill or an ax. Why would Guede, who was certainly familiar with such windows, choose to attempt the break-in through a window that he could not easily verify would allow him quick access?
7) Assuming the shutters were closed, Guede would have to climb up the wall and open the shutters before smashing the window with the rock. The night of the murder, the grass was wet from rain the previous day. Why was there no evidence of disturbed grass or mud on the walls?
8) Guede had Nike sneakers, not rock climbing shoes. How did he manage the climb up the wall with that type of footwear?
9) If the shutters were closed, or somewhat closed, how did Guede manage to lift himself up to the sill with only an inch of sill available to grab onto?
10) Assuming Guede opened the shutters, how did Guede verify if the inner scuri where not latched to the window panes, which would prevent access to the window latch? There was no light inside Ms. Romanelli’s room to reveal that the scuri were ajar.
11) Assuming Guede managed to check that the inner scuro behind the right-hand window was not latched, how did he manage to break the glass with a 9 lb rock with one hand while hanging on to the sill with the other?
12) Assuming Guede managed check that the right-hand inner scuro was not latched, how did he break the glass with the rock without having glass shards fly into his face?
13) If Guede climbed down to the lob the 9 lb rock at the window from 3 meters below, how would he do so to avoid glass shards raining down on him?
14) If Guede climbed down to the lob the rock at the window from below, why would he choose a 9 lb 20 cm wide rock to lob up to a window 3 meters above him, with little chance of striking the window in the correct fashion?
15) If Guede climbed down again and climbed back up to the carpark (up a steep slope with slippery wet grass and weeds) to lob the 9 lb 20 cm wide rock from the car park, why is there no evidence of this second climb down on the walls?
16) Why did Guede choose a 9 lb 20 cm wide rock to throw from the car park, given that a large, heavy rock would be difficult to lob with any precision? Especially considering that the width of the glass in the window pane is only 28 cm wide, surely anyone, experienced or not, would have chosen a smaller, lighter rock to throw with greater precision.
17) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Guede would have been roughly 11-12 feet away from the window, in order for the lob to clear the wood railing at the carpark. If the rock was thrown with some velocity, why is the upper 1/2 of the glass in the window pane intact, without any fracture cracks at all?
18) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Why is there so little damage to the scuro the rock hit, so little damage to the terrazzo flooring impacted by the rock, and so little damage to the rock itself, which surely would have fractured more on impact with a hard terrazzo floor?
19) Why was there no evidence of glass shards found in the grass below the window?
20) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window, how does he manage to hoist himself onto the sill without cutting himself on the glass that was found on the sill?
21) If Guede climbed the wall to open the shutters, hoisted himself onto the sill, tapped the glass with a 9 lb rock to lightly break the glass in a manner more consistent with how the window was broken, why did he throw the rock into the room, rather than let it fall into the grass below?
22) Why was no dirt, grass, muddy shoeprints or similar trace evidence found on the window sill?
23) Why was no dirt, grass, muddy shoeprints or similar trace evidence found in Romanelli’s room?
24) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window again, hoisted himself onto the sill without cutting himself on the glass that was found on the sill, unlatched the window and stepped inside Filomena’s room, how did he manage to get glass on top of Romanelli’s clothing that was found under the window sill?
25) Why would Guede, who would have spent a good 10 minutes trying to break and enter with the climbing up and down from the carpark, waste valuable time throwing clothes from the closet? Why not simply open the closet doors and rifle through the clothes without creating more of mess?
26) Why did he disregard Romanelli’s laptop, which was in plain view?
27) Why did Guede check the closet before checking the drawers of the nightstand, where surely more valuable objects like jewelry would be found?
28) Why were none of the other rooms disturbed during the break-in?
29) Assuming Ms. Kercher arrived to the cottage after Guede’s break-in, presumably when Guede was in the bathroom, why did she not notice the break-in, call the police and run out of the cottage?
30) Assuming Guede was in the bathroom when Ms. Kercher returned, why go to the extent of attacking Ms. Kercher in her room rather than try to sneak out the front door, or through the window he had just broken, to avoid if not identification, at least more serious criminal charges?
31) Assuming Ms. Kercher was at the cottage while Guede broke-in, why did she not call the police the moment she heard the rock crash through the glass, loudly thud to the terrazzo floor and investigate what was happening in Romanelli’s room while Guede was climbing back down from the car park and climbing back up to the window?
32) Assuming Ms. Kercher was at the cottage while Guede broke-in, Guede could have been on the sill already because he had tapped the glass with the 9 lb rock to break it. Therefore perhaps Guede was already partially inside Romanelli’s room when he was discovered by Ms. Kercher. In this case Guede follows Ms. Kercher to her room in an attempt to dissuade her from calling the police and the assault ensues. But then, if this scenario is correct, when does Guede have time to rifle through Romanelli’s clothing and effects?
33) Why is there a luminol revealed footprint in Romanelli’s room that has mixed traces of Knox’s and Kercher’s DNA ?
34) Why does this footprint not match Guede’s foot size?
35) If multiple attackers were required to restain Ms. Kercher, holding her limbs while brandishing two knives and committing sexual violence, then who else was with Guede and why no traces of this 4th (or more) person(s) were found, either in shoeprints, footprints, fingerprints, DNA or otherwise?
36) If Guede and others were involved in the assault, why has Guede not acknolwedged them, and instead consistently hinted that, and finally admitting that Sollecito and Knox were with him during the assault?
37) If Guede and others were involved in the assault, why do the other shoeprints, footprints, DNA traces and fingerprints all point to Knox and Sollecito being present during the assault, in one way or another?
4. Italy Is Not Buying The Racist Mantra
If your racist mantra remains “the black guy did it alone” and “Italians are corrupt and stupid” you need to PROVE that. If you cannot answer all of these questions above, this will deservedly cook you.
You could be facing 30 years with the “mitigating factors” canceled and the new penalties you will incur for your dishonest books and PR campaigns.
[Five easier ways in: 3 via balcony (note two drainpipes, window grid below), 2 via side windows]
Archived in Questions for AK & RS, The former defendants, Amanda Knox, Raff Sollecito, Rudy Guede, Public evidence, Knox's alibis, Sollecito's alibis, The two knives, Diversion efforts, The Knox-Mellases, Knox's book, The Sollecitos, Sollecito's book, Nina Burleigh, Michael Heavey, Steve Moore, Bruce Fischer, The "profilers", The many hoaxes, No-evidence hoax, The Guede hoax
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Tuesday, September 24, 2013
Questions For Knox: How Do You Explain That Numerous Psychologists Now Observe You Skeptically?
Posted by SeekingUnderstanding
Amanda Knox appeared in an English TV interview on the early morning of Monday September 23rd.
She spoke from Seattle to a detached ITV reporter in Seattle and a tough Daybreak anchor in London - tough. though she badly lacked second questions in follow-up. The interview was, by all accounts, fair, and also duly respectful towards Meredith’s family, who are in England.
But the girl or woman who is Amanda Knox we observed was neither calm nor happy.
There was not one authentic smile, and not a moment when the light came into her eyes. Her hair and make-up looked good - her presentation had been considered. But her skin was not well. As most women know, the skin, especially on the face, reveals your inner health, your inner peace.
As a psychologist, one is trained to distinguish ‘signs’, if you like, or indicators that illustrate the most crucial factors about the state of mind. One is taught to look beyond presentation and image, and too, beyond the actual words delivered, to hear what is actually being said - from the inner self or true self. Some people might prefer to use the term ‘the soul’.
What I heard in this interview is a person struggling and deeply disturbed and unhappy. I saw someone genuinely very afraid with strong feelings of hopelessness. Anger, defiance, and combativeness also showed.
But, newly, there were also signs of weariness with the self-elected fight. I believe Amanda is intelligent enough to realize that the weight and strength of the factual, combined evidence is stacked against her. Knowing this, as I believe she does, can only put her in an anguished state.
At times, one could plainly observe that a pre-rehearsed ‘PR’ line was being delivered. Amanda was being ‘a good girl’, and doing what she had been told. Examples seem to be especially where she says such things as, “I am innocent”, “my innocence has been proven”, ‘...this case is not complicated..”
Since, by applying a little elemental logic, most of these statements can be shown to be untrue, they unfortunately sounded somewhat like mantras being delivered. Rather more that these were the things AK would LIKE to believe are true. As if perhaps, if she closes her eyes often enough and wishes hard enough, they might become true…and her nightmare would now be over.
But, alas, childish unreality cannot last. We live in a world where we are required to become adults, and to act responsibly as adults.
At junctions in the interview, where some of the more penetrating questions were asked involving human relations, an ‘inner adult’ Amanda could be seen trying to emerge. One point was where she was asked about what she would do if found finally guilty.
A burgeoning sense of realism could be detected in her reply. She knows herself in this respect: she would find it unbearable to try and live as a fugitive in the free world, labeled as a murderer and a slanderer. She actually said so, with strength of feeling. It is people’s hatred of her that she can’t bear, and it is that she is protesting about so much. And indeed it must be hard to bear.
The interviewer, Lorraine, spoke at length about the Kercher family, asking AK what she would like to say to them. When Amanda replied, also at length, she said,
“... I would like them to give me a chance…”
This sounded authentic to me, I felt she meant it. However, she added to this, sounding almost like an addendum, that she wanted them to believe she could be innocent. This latter phrase, added in a different voice and intonation, didn’t ring true to my ears.
I believe that what is truly in her heart is that she longs, beyond all measure, for the Kercher family not to totally hate her. (She gives the impression that she believes they do or could hate her). She seems to truly not to be able to bear the thought of being hated, and even more unbearable, the thought that by her behaviour (as a ‘kid’) perhaps, just maybe, she might deserve that hate.
This would seem to be the source of her anguish, and also behind many other of her statements in this interview.
There would be a way through for her - a third way. This would be to start telling the truth, the whole truth, now. It is never too late to speak the truth, and it is never too early, either. The truth endures. This is a fact of history.
It would indeed take enormous courage for Amanda to take this step. It would be immensely difficult for her because of the PR campaign. But if she could begin to answer the outstanding unresolved questions, factually and honestly (unembroidered and not exaggerated), - she would, I believe, begin to heal her life, if this is genuinely what she wants.
She might be surprised at how much forgiveness there might be if she were to find the courage within herself to take this huge step. She quoted her priest/mentor from the Italian jail, when he advised her about how, at challenging times, we can find unknown resources and strength within ourselves that maybe we didn’t know we had.
She has a choice, and she could choose to do it. Making wise choices is what adults do.
Archived in Questions for AK & RS, The former defendants, Amanda Knox, Crime hypotheses, The psychology, Pondering motive, Diversion efforts, The Knox-Mellases, Knox's book, The many hoaxes, RS AK normal hoax
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Sunday, September 22, 2013
Questions For Knox: Ten Hard Questions That Knox Should Be Asked Monday On ITV’s Daybreak
Posted by The Machine
Amanda Knox will be interviewed for the first time in Britain on ITV’s Daybreak programme tomorrow.
No interviewer should unquestioningly accept everything Knox says as the gospel truth. Remember Knox served three years in prison and is labeled a convicted felon for life for malicious lying.
So let’s hope tomorrow’s interview is not yet another whiny mis-statement of the core facts, and not yet more sliming of Italian officials, of which we have just seen so many.
There are many questions on this site which Knox has never ever answered. Some arise from the evidence and some from her dishonest book.
1. Multiple false alibis
You and Raffaele Sollecito gave completely different accounts of where you were, who you were with and what you were doing on the night of the murder. Neither of you have credible alibis despite three attempts each. Sollecito told Kate Mansey from The Sunday Mirror that you and him were at a party.
He told the police that you and him were at his apartment. He then told them that he was home alone and that you weren’t at his apartment from around 9.00pm to about 1.00am. You first told the police that you were at Sollecito’s apartment. After you were informed that he was no longer providing you with an alibi, you repeatedly claimed that you went to the cottage with Diya Lumumba.
You changed your story yet again and claimed that you were at Sollecito’s apartment, but he might have gone out. All the other people who were questioned had one credible alibi that could be verified.
Extract of Sollecito’s witness statement.
“I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call and I stopped only when Amanda came back, about one in the morning I think.
Question 1. Why did you and Raffaele Sollecito repeatedly tell the police and others a pack of lies?
2. False accusation
You falsely claimed that Diya Lumumba killed Meredith in two witness statements and you repeated the false accusation in your handwritten note to the police on 6 November 2007. You served three years in prison for this felony and your appeal to the Supreme Court was denied.
Question 2. Why did you repeatedly accuse Diya Lumumba of murder when you knew full well that he was completely innocent and why didn’t you or your mother retract your accusation when he was in prison?
3. The Double DNA Knife
According to a number of independent forensic experts - Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor, Giuesppe Novelli, Professor Francesca Torricelli, Luciano Garofano, Elizabeth Johnson and Greg Hampikian - Meredith’s Kercher’s DNA was found on the blade of a knife from Raffaele Sollecito’s kitchen.
He falsely claimed in his prison diary that he had accidentally pricked Meredith’s hand whilst cooking. Dr Stefanoni analysed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory.
Meredith had never been to Sollecito’s apartment, so contamination away from the laboratory was impossible.
Question 3. How do you think Meredith’s DNA got onto the blade of the kitchen knife?
4. The bra clasp
An abundant amount of Raffaele Sollecito’s DNA was found on Meredith’s on the exact part of Meredith bra clasp that was bent out of shape during the attack on her. His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17. Professor Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it.
Professor Novelli analysed the series of samples from all 255 items processed and found not a single instance of contamination, and ruled out as implausible that a contaminating agent could have been present just on one single result. David Balding, a Professor of Statistical Genetics at University College London, recently analysed the DNA evidence against Sollecito and concluded it was strong.
Question 4. How do you think Raffaele Sollecito’s DNA ended up on Meredith’s bra clasp?
5. The bloody footprint on the bathmat
According to two imprint experts - Rinaldi and Boemi - the bloody footprint on the blue bathmat in the bathroom matched the characteristics of Sollecito’s foot, but couldn’t possibly belong to Guede. Rudy Guede’s bloody footprints led straight out of Meredith’s room and out of the house which indicates that he didn’t go into the bathroom after Meredith had been stabbed.
Question 5. Who do you think left the bloody footprint on the bathmat?
6. Mixed samples of Amanda Knox’s DNA or blood and Meredith Kercher’s blood
According to the prosecution’s experts, there were five instances of your DNA or blood mixed with Meredith’s blood in three different locations in the cottage. Even your lawyers conceded that your blood had mingled with Meredith’s blood. In other words, Meredith and Amanda Knox were both bleeding at the same time.
Question 6. Why were you bleeding on the night of the murder and is it a coincidence that only your DNA was found mixed with Meredith’s blood?
7. The Luminol Enhanced Footprints
Bare bloody footprints were revealed by Luminol at the cottage. Three of them are compatible with your foot size and one of them is compatible with Raffaele Sollecito’s foot size.
Question 7. What do you think the Luminol was reacting to - Meredith’s blood or some other substance?
8. The staged break-in
There is absolutely no evidence that anyone stood outside Filomena’s window and climbed up the vertical wall on the night of the murder. There were no marks from soil, grass or rubber soles on the wall. The earth of the evening of 1 November 2007 was very wet, so if anybody had climbed the wall, they would have left some marks on it.
The glass on the window sill and on the floor show no signs of being touched after the window was broken, which would have been the case if the intruder had gained entry through the window.
There was not a single biological trace on any of the shards of glass. It would have been very likely that an intruder balancing on the window sill would have suffered some kind of injury or cut because of the shards of glass.
If the window had been broken from the outside, there would have been shards of glass outside, but there wasn’t even one.
Judge Massei and the panel of judges at the Italian Supreme Court specifically mentioned the shards of glass on top of Filomena’s clothes which had been tossed onto the floor in her room and regarded it as proof that the break-in was staged.
Question 8. Who do you think staged the break-in at the cottage?
9. Knowledge of the crime
Umbria Procurator General Galati’s pointed out in his appeal that you knew specific details of the crime that you could have only known if you had been present when Meredith was killed.
According to multiple witnesses at the police station, you said you were the one who had found Meredith’s body, that she was in the wardrobe, that she was covered by the quilt, that a foot was sticking out, that they had cut her throat and that there was blood everywhere. But you weren’t in a position to have seen anything at all when the door was kicked in.
In your witness statement you described Meredith’s scream. Other witnesses have corroborated your claim that there was a loud scream.
Question 9. How did you know so many precise details of the crime?
10. Shower and the “bathmat shuffle”
The Scientific Police found 13 traces of blood in the bathroom that Meredith and you shared. Prosecutor Mignini and Filomena have both expressed their surprise that you showered in a blood-spattered bathroom.
Filomena told Mignini during cross-examination: “I thought it was odd that she’d had a shower when there was blood all over the place.”
You told Mignini that you used the bathmat to shuffle to your room.
Question 10. Why did you shower in a bathroom that was splattered with blood, and did you notice the visible bloody footprint on the bathmat when you used it to shuffle to your room?
And why so soon after did the police notice that you were stinking?
Archived in Questions for AK & RS, The former defendants, Amanda Knox, Public evidence, Knox's alibis, Crime hypotheses, The psychology, Diversion efforts, The Knox-Mellases, Knox's book
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Thursday, September 05, 2013
Questions For Knox: Why So Many False Claims In Accounts Of Your Visit To The House?
Posted by James Raper
[Filomena’s shutters on approach above and below NOT half-open as they were when Knox arrived]
Additional to this post and this post on the overwhelming strength of the evidence against Sollecito and Knox.
Amanda Knox was of course lying from the start about her initial visit to the cottage to have a shower and collect a change of clothing, in the account which she gave the police when they turned up, and which she then embellished into a version of Little Red Riding Hood in her e-mail.
Here’s how we can know why. One of her most glaringly untrue claims, one not hard to fathom out and indeed I have no doubt that she had done so herself and regretted it within minutes of recounting her story to the police.
The shutters to Filomena’s window were open upon the arrival of the postal police. Massei (page 27) -
Said window had two half-closed shutters, and the right-hand shutter (the right with respect to the person looking at it) was slightly more open‛ (page 62, hearing of February 6, 2009, Battistelli’s statements).
Filomena’s window is in fact the most prominent feature of the cottage for anyone walking down the lane to it. Yet, incredibly, if we are to make sense of the rest of her account, we are required to believe that Knox did not notice the shutters .
Whether they were half open or less than half open does not matter. They were open, indicating, as a matter of common sense, that the occupant of the room might be somewhere around.
You would think that anyone (anyone but Knox apparently) apprised of this elementary scrap of information about their own home and flatmates, and then in addition finding that the front door was open and no-one was answering, would have checked the other rooms, and in particular Filomena’s, out of curiosity if not concern, wouldn’t you? Of course you would.
Discovery of the broken window would then, if not before, have been inevitable, but of course in those circumstances no one would have believed that she had then had a shower and blow dried her hair.
Of course it did occur to the police that her story was a load of nonsense, just as it did to Knox and Sollecito.
See at bottom here for the famous picture of Knox and Sollecito together outside the cottage, Knox with her left hand up to her eyes and Sollecito by her side standing with his back to the window, jaws clenched and staring blankly straight ahead.
They knew, and they must have been praying hard that the police were just as stupid as them. When they were not arrested on the spot they must have thought their prayers were answered.
Archived in Questions for AK & RS, The former defendants, Amanda Knox, Public evidence, Knox's alibis, Diversion efforts, The Knox-Mellases, Knox's book
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Thursday, August 29, 2013
Amanda Knox Dithering Over Court Appearance For Appeal Going Over Very Negatively In Italy
Posted by Peter Quennell
[Above: the outspoken political leader of the region of Umbria Lignani Marchesani warns Amanda Knox]
Amanda Knox has her name on a book that maliciously slimes everybody she ever encountered in Italy. Then she repeatedly goes on TV whining about how people dont like or trust her.
Guess what? Italians are seeing those same wild accusations as being one self-created reason why Knox seems to lack the guts to head for the appeal court. She would be put face-to-face with many of those that she slimed. How embarrasing.
The other reason of course has applied since 2009: Italians believe she really did lead a very cruel murder pack, killed someone vastly more gifted and worthwhile than herself, and now is lying to the American public in the hope that they will insist their government ignores any arrest warrant for Knox from Italy.
She sure has a real knack of making things worse for herself. No-shows are very rare in Italy and they are seen as not only very cowardly but a sure sign of the person’s guilt. Our main poster Jools translated this tart threat from the leader of Umbria’s regional government which is posted on the regional assembly website.
MEREDITH KERCHER MURDER: “IF AMANDA KNOX DOES NOT COME BACK TO FACE THE NEW TRIAL, PERUGIA SHOULD REVOKE THE SISTER CITIES-TWINNING- WITH SEATTLE”.
The chief regional councillor Andrea Lignani Marchesani (Fd’I) seeks to revoke the twinning of Perugia with Seattle, if Amanda Knox does not return to Italy to stand trial for the murder of the British student Meredith Kercher.
“Headlines were not needed nor a crystal ball to forcast that Miss Amanda Knox would carefully refrain from returning to Italy to face the new appeal process. The annulment of the judgment at the Supreme Court shows how the references to international pressures were not unfounded and a clear abdication of our sovereignty for the sake of interests that have nothing to do with justice.
“No need to emphasize once more how the city of Perugia, the Umbria [region] and the University have damage to their image and finances from this tragic event, without forgetting the human aspects and family of the victim.”
Andrea Lignani Marchesani calls to revoke the twinning between the cities of Perugia and Seattle, birthplace of the American woman on trial in Italy. According to Lignani, “The city of Seattle, linked in a sister cities twinning for twenty years with Perugia, lost no time during the time Amanda was in custody to criticize our capital city, either by revoking of the naming of a park [in honor] of the city of the Griffon or by petitions tending to the withdrawal of the twinning itself.
“Perugia has no need for undesirable relationships and should, in this situation where a wound of its recent history is being reopened, should proceed to counter offensive.
If Amanda, as is almost certain, does not show up at the trial and does not face the verdict of the Italian justice system, Perugia must withdraw it’s twinning with Seattle. Court judgments are meant to be respected and must be executed, this is what is repeated every day, and this must also apply to the Seattle citizen Amanda Knox.”
As explained in the post below, the Italian court has many ways of applying its own powerful pressure. It could for example put Knox’s entire defaming entourage on trial, including her own dad, and see them all labeled as felons worldwide.
More on this in our next post, about Frank Sforza, which explains all the grief his own meltdown in court could rain down.
Archived in Diversion efforts, The Knox-Mellases, Francesco Sforza, Reporting on the case, Media news, The wider contexts, Italian context, Amanda Knox
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Saturday, August 24, 2013
Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems
Posted by Peter Quennell
Meeting in Seattle, Amanda Knox’S lawyer urges her to be at the Florence appeal, but his suggestion falls on deaf ears.
Here is a brief report from Italy. Clearly her lead defense lawyer Ghirga (who normally handles only small-time crime) thinks the presence of Knox and her entourage coould humanize her and allow her to speak out and to guide him.
But Knox has really been burning her bridges to Italy big-time. Let us list some of the ways in which they are now foolishly dug in so deep.
Since the end of trial in 2009 Amanda Knox’s entourage and she herself appear to have broken law after law after law, issuing new smears, harassing the victim’s family, having her book taken to court in Bergamo.
In Florence, how does she talk about that?
Evidence Could Strengthen
The evidence in the case as presented at trial in 2009 remains rock solid to this day (the Massei outcome is the state of play) and if the large knife is retested, it could actually get way worse. Hundreds of open questions remain which Knox has strenuously avoided answering, either on the stand or in her book or on TV.
In Florence, how does she talk about that?
Calunnias Of Justice Officials
Every instance where Amanda Knox and any of her entourage alleged without hard proof that Italian police and prosecutors have committed crimes (and there have been literally hundreds of such accusations by Preston, Fischer, on and on, now all captured and preserved) could see any or all of them hauled into court with zero heads-up (ask Sforza).
In Florence, how does she talk about that?
Framing Of Dr Mignini
In 2011 Knox was sentenced to three years (served) for the crime of framing Patrick Lumumba. So what does this slow learner do? Turn right around and commit the SAME crime in her nasty book, only this time she makes it worse. This time, she frames the chief prosecutor, in describing in detail a highly illegal interrogation that never took place.
In Florence, how does she talk about that?
Threat Of Conspiracists
There are perhaps 40 felony allegations against police and prosecution in Sollecito’s blood-money book and maybe another 20 in Knox’s own. Each of them will be put on trial separately for those claims and either one of them or both in desperation could take down all the writers, all the agents, all the publishers, all the wild-eyed conspiracists who helped write the books, and all those who made the illegal multi-million dollar deals, including their own two dads.
In Florence, how does she talk about that?
Threat Of Frank Sforza On Trial
The contempt of court trial of Frank Sforza is about to start. He is desperate to stay out of jail, and all of his alleged felonies since 2008 in contempt of the court could put him there for up to ten years. Consider the list of precisely who in Italy and the US Frank Sforza might take down, to try to give himself something of a break. This list is nothing if not long (see next post).
In Florence, how does she talk about that?
Threat Of Hellmann And Aviello
Witness Luciano Aviello is now on trial and as this post explained Aviello could take down all of the defense lawyers (for illegal dealing over the “right” judge), all of the Sollecitos, if they offered bribes, and both of the judges, Hellmann and Zanetti, who presided over the annulled appeal.
In Florence, how does she talk about that?
Nobody with any sense flouts the Supreme Court, or the extremely important, powerful court in Florence, which has sent down some of the toughest perps in the land.
Both courts and both prosecution teams are well-know in Italy for being cold and relentless in their search for the truth. None of the four lead lawyers for Sollecito and Knox has ever won even one case either in Florence or before the Supreme Court.
This might well be a trial balloon, to see how the Florence prosecutors and courts react. An arrest warrant, maybe? As we have seen lately, they act fast, and suddenly at any time.
Archived in The former defendants, Amanda Knox, Officially involved, The defenses, Public evidence, Knox's alibis, Other legal processes, Knox calunnia, Diversion efforts, The Knox-Mellases, Knox's book, The many hoaxes, Knox interrog. hoax, The Guede hoax, The Aviello hoax
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