Category: Raff Sollecito

Wednesday, July 03, 2013

Questions For Sollecito: Did Your Father & Lawyers Pre-Approve This Rant?

Posted by Our Main Posters

[Francesco Sollecito previously on Italian national TV trying to explain the weirdness of his son]


This is in response to your open letter to Italy’s TGCom website.

You are starting to sound eerily like the serial killer Ted Bundy in jubilant “catch me if you can” mode. Ted Bundy also thought he was the brightest guy on the block and the cops, prosecutors and judges were all a few bricks short of a wall.

Ted Bundy was of course caught, by smart cops, and put on trial, by smart prosecutors in front of a smart judge and jury. He made a terrible hash of his defence, he was unanimously found guilty, by a jury of smart peers, and he was made to pay his dues to society and the victims’ families - with his life.

You posted this to an audience in Italy which for the most part thoroughly dislikes you, when you are already in line for sentences that could cost you 30 years ranging up to life.

So. Did your father Francesco and your lawyers Bongiorno and Maori (and all of Knox’s people) give you the go-ahead for this seriously bizarre rant, or not?

Once upon a time, there was Amanda and Raffaele, she was an American student, studying languages and he studying Computer Science. They met at a classical concert and fell in love…  no wait like that it is too boring….Lets make it more intriguing, lets see…..I know!

The prosecution found a crazy drunk, and cocaine dealer, Kokomani, after a year the story becomes: Amanda and Raffaele met in August, no one knows how or when, and one day at a bar, where Kokomani would get drunk, Amanda’s uncle came from America, no one knows why or when, and introduces the fiancees ( about to get married, I would say at this point) to the ignorant (unknown) Kokmani (who maybe thought he was going to be the best man) it’s clear. UNDERLINING that he is Amanda’s uncle and the two young people are Amanda and Raffaele (famous at the time, after all)

Mmmm…...come on it’s not the best, but at least it is more interesting, it doesn’t matter that there is no confirmation to none of this, anyway it’s a movie, OK.  let’ s continue…..

Raffaele rents a house on Corso Garibaldi,  a five minute walk from Via della Pergola, where Amanda lives with three roommates, Meredith, Filomena and Laura. The two pass many days together, they cuddle, have fun, they have outings to towns close to Perugia, and a couple of times they have lunch at Amanda’s house with the other flatmates. They live enthusiastic days, smiling every time they look in each others eyes….. Halloween Day, Oct. 31 2007, Amanda goes to work at Patrick Lumumba’s pub, so Raffaele works on his thesis and late that night they meet up….. to be together as always, taking care of each other.

Uff! What a pain in the ass! Give this movie a bit of adrenaline, what the hell! O.K. O.K…...one day along comes a heroin addicted serial super witness brought by the prosecution who says that he saw Amanda and Raffaele in Piazza Grimana, by a small villa a few feet from via della Pergola, discussing vividly, no one knows what and no one knows what day, but it happened at 9:00p.m. to 11:00p.m. circa. It doesn’t matter that the night between the end of Oct. and beginning of Nov. was freezing cold, it doesn’t matter that Raffaele has a house where he can do what the hell he wants, but according to the heroin addicted serial super witness, the two were under the rain for three hours (if we are talking about Nov. 1, 2007) and the cold discussing who knows what, furthermore, the heroin addicted serial super witness of murders (who’s name is Curatolo) says that when he went back to Piazza Grimana the two contentious fiancees were no longer there and he saw the buses that go to the discos boarding the kids…..it doesn’t matter that the 1st of Nov. there is not a bus in this world because the night at the disco was on the night of Halloween, Oct.31, 2007…...for the Pubblico Ministero Giuliano Mignini, Curatolo was a credible witness. Even because heroin does not produce hallucinations while cannabis does.

In reality the two fiancees passed the evening and the night at Raffaeles’s house since it was free and they had an intensive week of commitments. The 1st of Nov. in particularly Amanda had to work at Patrick’s pub, but as the evening was not busy he did not need Amanda, and after a friend of Raffaele’s passed by to cancel an appointment to go to the bus station, suddenly the two fiancees had the night free and they passed the time watching the movie “il favoloso mondo di Ameliè”, then eating fish Amanda read Harry Potter in German to Raffaele and they made love all night…...

Il Giudice di Primo Grado, Giancarlo Massei took in full the version of the heroin addicted serial super witness tramp….. Come on Giancarlo we are still not satisfied! Come on! These two fiancees are cramming our balls!! You are all of us….

According to the reconstruction of Judge Giancarlo Massei, that sentenced Amanda and Raffaele to 25 and 26 years in prison, things went this way: Amanda and Raffaele after being 3 hours in the cold under the rain, the night of the 1st of November 2007, head toward Amanda’s house in Pergola street and go right away into Amanda’s room (a room that was smaller than Raffaele’s cell when he was in prison) and start making love to bother Meredith who was reading a book in the other room…doesn’t matter that more than 5 people had car trouble and were waiting for a tow-truck, in front of the house during that time, and they give testimony that nobody passed by

Sorry, but why didn’t Amanda and Raffaele go to Raffaele’s house that was free and nobody would have been bothered?.. .  Come-on! Why do you have to take into consideration this useless details, show us some firecrackers! Go Giancarlo!

Judge Massei continues: sometime during the evening, while the two were having sex in Amanda’s room, suddenly somebody knocked at the door… Amanda and gets up and gets dressed goes to the door and who does she see? ...Rudy Guede, a colored guy that didn’t know anybody except the guys of the lower floor and had met Amanda and Meredith one time but never in his life had he met Raffaele,. that urgently needed to take a shit.

But what?! What kind of plot is this? Where in the hell do you see that people go around knocking on doors because they need to take a shit?... Come on Giancarlo do not disappoint us! But judge Massei does not disappoint us…. Meanwhile Amanda opens the door to the poor black, victim of bewitched charm for Amanda, and goes inside to go to take a shit…. and Amanda as if nothing happen, goes back in the room and gets undressed again…

But why couldn’t Meredith go open the door while she was reading a book?..Oh, right! Otherwise Amanda loose the part of the main actress, sorry, you are right!

Practically , according to Judge Giancarlo Massei’s reconstruction the story goes on like this : while Amanda and Raffaele went back to have sex, Rudy Guede comes out of the bathroom, after listening to some songs on his ipod, he is overwhelmed by the SEXUAL VIBRATIONS that Amanda and Raffaele were relishing in the house hallway and the house room….

WTF Giancarlo, this is tough shit! Not even Dario Argento could come up with something like that…. “SEXUAL VIBRATIONS”....WTF you are a genius!! Give me five!...but the good part has still to come: when Guedé smells the SEXUAL VIBRATIONS, all of a sudden he is possessed and decides by all means that he has to have sexual intercourse with Meredith.. and ventures in her room and, being rejected, because poor soul he is ugly, Raffaele and Amanda get into the action and at that point dont help Meredith who is their friend, but, to the contrary and unexpectedly, they help Rudy Guede to rape Meredith and than finish her up cutting her throat…

All three had knives: Rudy has a past as thief, he used to burglarize offices and apartments with the same “modus operandi” that he used to get in in via della Pergola, moreover he has been captured while sleeping in a kindergarten in Milano with a knife in his bag.  Raffaele had always a little collector knife in his pocket: never mind that he never used it to hurt anybody in his life, there are no traces of anybody else on his little knife “¦.Amanda… and Amanda?  Judge Massei says that she used an enormous kitchen knife got from the “looser” Raffaele’s house and put it in her purse…. why?? because…YOU NEVER KNOW (a 15 cm knife can be always useful “¦).. Massei says.

But the poor Meredith was a small build girl, her wounds are not that big and that knife would have gone through the neck because of how big it is… there isn’t blood on that knife nor Meredith’s DNA because the analysis of the scientific police are completely unreliable , not having being compelled to observe the international protocols.  There are no bleach traces. What the police says are hypothesis never proved .

Come on, details! But there are no traces of Amanda and Raffaele on the crime scene, there are only Guede’s, everywhere.  How it is possible that they were cleaned, were are the traces of the cleaning??! Come on do not break our nuts! This is just details, let me see this movie!

What about that little bra hook? There are 5 different profiles…all on the iron part of the hook, nothing on the tissue: it has been found 46 days after the “polizia scientifica” swept the crime scene, and meanwhile even the police swept the scene with no anti-contamination precautions and put upside down the all apartment. There isn’t Raffaele profile on that hook: if that mix of traces is properly read you can find anybody’s DNA

Do you want to stop with these bothersome things?!! Lets finish to see this movie!! Massei concludes: we don’t know why Amanda and Raffaele choose to kill Meredith, but we have to accept their choice. THE EVIL CHOICE. Probably under the influence, because they didn’t despise her, taking into account that they said that they smoked a joint… unfortunately nobody tested to check if Amanda and Raffaele used heavy drugs or were in the habit of binge drinking. WTF! Great job! You weld The Exorcist and Lethal Weapon!! Giancarlo you are my idol!!!!

Friday, June 28, 2013

Updating Our Scenarios And Timelines #2: An Integrated Comparison Of The Timing of the Phone-Events

Posted by Cardiol MD

[Above and below: what Meredith missed, outside dining in Perugia at night]

1. Point of our series

TMJK’s core focus has long been upon “What happened at 7 Via della Pergola, in Perugia, on the night of November 1-2, 2007?”

Over the last 4+ years, more than 20 TJMK posts, with more than 400 comments, have addressed the subject of possible scenarios and timelines for those events. They represent a lot of thought and many are worth reading if you haven’t come across them before.

This post is the second in a series that will reappraise the more probable speculations, using the current state of our information. The first post was four weeks ago.

Reader comments in response to Part 1 amply reflect readers’ interest in exploring the various “˜open Questions’ referred-to, and how efforts to make Knox and Sollecito confront the true answers are obfuscated by their falsehoods.

The Truth of the actions of Knox and Sollecito on November 1st & 2nd, 2007, is so precious to them that they attend that Truth with a “˜Bodyguard of Lies’, to borrow Winston Churchill’s famous WW11 dictum. They even further obfuscate the answers to our questions by selectively employing a Bodyguard of Actual Truths.

The aim of their broken drain-pipe under the sink story (see previous post) was to persuade investigators, and everyone else:

1.    That there was a broken drain-pipe under the sink (Massei Translation p.67), and

2.    That the alleged water-leak occurred BEFORE the murder.

Their obfuscations include:

1.    The omission of references to incriminating truths, e.g. omission of references to the hammer-toe on RS’s right-foot, one of his most incriminating physical attributes (see representative image of a right-foot hammer-toe below), and

2.    The inclusion of “Half” truths, and

3.    The inclusion of references to non-incriminating truths.

2. Integrated timing of phone events

This post is an integrated comparison of the timing of the phone-events byy coordinated universal time, merging Massei’s sections on Amanda Knox [AKP], and Meredith Kercher [MKP], as well as that of Rafaelle Sollecito [RSP].

[For the day of 31.10.07 it was shown that Meredith’s mobile phone with service provider Vodafone 348-4673711 sent an SMS at 18:27:50 hours using the cell at Piazza Lupattelli sector 7. (this signal is received in Via della Pergola 7.)

The same number received an SMS at 18:29:05 hours (this exchange of messages took place with the number 388-8921724) connecting to the same cell.

[RSP]: − on 31.10.07 Raffaele received *a call+ from the father’s fixed line (No. 080-3958602) at 22:14 for 44 seconds.

With respect to Sollecito’s mobile phone 340-3574303, attention was paid to the entire day of 1.11.07 with the following results]

Which help establish a less-suspicious baseline for comparison with later, more-suspicious results.

[RSP]− 00:00:39 an outgoing call, just after midnight

The phone traffic with regard to the day of 1.11.07 was reconstructed in the following terms (cfr. statement of Assistant Stefano Sisani at the hearing of 20.3.09).

AKP− 00:41:49 hours: outgoing phone call of 20 seconds, to a number whose holder was not identified

RSP− on 1.11.07 *he+ called the father’s house at 00:02:41 for 262 seconds

AKP− 00:57:20: Amanda’s mobile phone sent an SMS, using the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3 (which does not provide coverage to Sollecito’s house, since it pertains to Via Ulisse Rocchi, Piazza Cavallotti, etc. and therefore at the heart of Perugia’s historic center). This consisted of the SMS which the young woman exchanged with Raffaele at the end of the Halloween evening to arrange meeting up with her boyfriend and be accompanied home

RSP− 00:57 an incoming SMS 319

AKP− 1:04:58: Amanda’s mobile phone received *a call+ for 53 seconds from the number 075/9660789, located in Piazza Danti 26

RSP− 14:25 an incoming call which lasted 58 seconds

RSP− 16:50 an incoming call, coming from the mobile phone of the father, lasting 214 sec.

RSP− 16:56 another call from the father (64 sec.)

AKP− 20:18:12: Amanda receives the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the “šLe Chic”› pub on the evening of 1 November. At the time of reception the phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. The young woman was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell. This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub

AKP− 20.35.48 Amanda sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when the young woman’s mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7 − no other [use] was shown for the day of 1.11.07, noting that Amanda declared during hearings that she had switched her mobile phone off once she had returned 323 to Raffaele’s house, since she was more than happy she did not have to go to work and could spend the evening with her boyfriend.]

Knox may also have been LESS than happy that Lumumba preferred Meredith instead of Knox as an employee. This was humiliating-enough to Knox for Knox to decide that the time to cut Meredith down-to-size was now.

[RSP− 20:42:56 call from the father (221 seconds: this is the conversation which Dr. F. Sollecito referred to, made at the end of the film he had just seen in the cinema, which the father recommended to the son, at which point [it is said that] Raffaele informed his father of a problem with a broken drain-pipe under the sink in the kitchen”. ]

Massei Translation page 25: On “the evening of November 1, 2007 at around 10:00 pm, someone called and warned Elisabetta Lana not to use the toilet of her dwelling because it contained a bomb which could explode. Mrs. Lana immediately notified the police of this phone call; and they came to the house but did not find anything. Mrs. Lana and her husband were nonetheless asked to go to the Postal Police the next day to report said telephone call.”

MKP ““ 20:56 hours on 1 November 07, attempted call to Meredith’s mother’s home in England.

MKP ““ 21:58 hours on 1 November 07, attempted call to mobile phone’s answering service, voicemail “˜901’.

MKP ““ 22:00 hours on 1 November 07, dial to Meredith’s London bank “˜ABBEY’.

MKP ““ 22:13:29 hours (9 seconds) on 1 November 07, attempted internet connection. Connection consistent with being attempted from cottage, but inconsistent with being attempted from Mrs.Lana’s.]

Massei Translation, page 331, attributes the above 4 dialings to Meredith absent-mindedly playing with the mobile phone in her hand, and her phone may well have still been in her hand when her attackers surprised her.

Question: Was Meredith’s Phone still in the cottage at Via della Pergola at 22:13:29 hours on 1 November 07? Yes.

At about 22:30 hours Car broken-down nearby. Tow-Truck called-for.

At about 23:00 hours Tow-Truck arrives to load car.

At about 23:13 hours Tow-Truck leaves with loaded car.

[RSP- 23:41:11 RS’s father attempts phone-call but makes no oral contact. Father leaves message which is not received until 06:02:59 on 2.11.07.]

This 23:41:11 call was attempted during the very time-frame of the attack on Meredith, her murder, and the flight of her killers with her mobile telephones. Meredith’s Phone[s] were removed from her cottage by about Midnight, less than 20 minutes after this attempted call.

With regard to the day of 2.11.07:

[for 2.11.07 the first record is that of MKP - [0]0:10: 31, “when it has been established as an incontrovertible fact that Meredith’s English mobile phone was no longer in Via della Pergola, the mobile phone having received the contact under the coverage from Wind signal [cell] ..25622, which is incompatible with the cottage.”]

Question: Was Meredith’s Phone still in the cottage at Via della Pergola at 00:10: 31, 2.11.07?  No!

Therefore Meredith’s English mobile phone had been removed from her cottage between 10.13.39 p.m. on 1.11.07 (more likely 11.13 p.m. when tow-truck departed) and 0:10:31 on 2:11:07; about 10 ½ minutes after midnight ““ say Meredith’s Phone[s] Removed By About Midnight, allowing for the time-elapse before being dumped near Mrs. Lana’s place. (Hellmann obfuscated this time-span on page 14 of his report, implying it to be more than 10 hours after midnight rather than about 10 ½ minutes after midnight.)

At some time before Meredith’s attackers fled, they had seized her mobile telephones, probably near the beginning of the attack, having started their attack with a pre-emptive strike to intimidate Meredith, remove all hope, surround her, display knives, seal all possible escape-routes, and remove any possibility of phone-calling for help.

Immediately after Meredith’s scream her attackers had silenced her with the fatal stabbing, and then fled immediately.

They fled with her already-seized but still switched-on mobile telephones, probably without locking anything, including Meredith’s door.

Their over-riding and 1st imperative was not-to-be-caught-at-the-crime-scene.

Having abruptly fled the crime-scene their 2nd imperative was not-to-be-caught-in-possession-of-Meredith’s-telephones.

Avoid Police!

Just seeing police could panic the killers into instant dumping of the telephones, without even needing to know why the police were where the police were (There is no need to invoke any awareness by the phone-dumper[s] of the reason the Police were near Mrs. Lana’s place - the hoax-call.). So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off).

In “Darkness Descending” page 13, it states:

Mrs. Lana’s backyard overlooks a steep slope that falls sharply into the valley below. It is heavily overgrown with trees and bushes, an ideal place to dispose of evidence. If the phones had fallen just a few yards further, they would certainly have gone over the edge of the cliff, down into a 50m gully, straight into a thick scrub of nettles, and probably been lost forever”¦.

In “Death in Perugia” Follain states (Book page 62; Kindle Locations 343-6), apparently as his opinion re Lana’s daughter finding Meredith’s English phone: “It was hidden in some bushes, and she would never have found it if it hadn’t started ringing.”,

Having accomplished this 2nd imperative, Meredith’s killers paused to attend to their 3rd imperative: re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was “˜an inside job’, and simulating the appearances that it was “˜an outside job’.

One should bear in mind that these killers should have still been overwhelmed by their having actually committed a crime beyond their wildest imaginings.

Their panic impaired their thinking, and their ignorance, immaturity, inexperience, lack of technical resources and their arrogance precluded their selecting deceptions more effective against knowledgeable, experienced professional crime-investigators with a large fund of resources. They probably think that throwing the stone from inside Filomena’s room was a brilliant deception.

They wish it had never happened.

They wish they could make it unhappen (Hellmann/Zanetti got close to fulfilling this wish, but got themselves unhappened by Cassation)

They wish they could prevent the discovery of Meredith’s murder.

They cannot prevent the discovery of Meredith’s murder.

They may be able to postpone its discovery, but not longer than the inevitable return of the cottage-mates, later that day.

They believe that the person who “˜discovers’ a murder may become 1st-suspect.

They may be able to manouevre others-than-themselves into being the ones that make the discovery ““ quite a wily aim.

It is beyond reasonable doubt that

1.    Meredith’s killers seized her mobile telephones, and that

2.    Her killers did not switch-off these mobile telephones, and that.

3.    Her killers threw the telephones into an apparent ravine, landing in Mrs.Lana’s garden, and that

4.    This phone-dump was accomplished before 00:10: 31, 2.11.07, and that

5.    Amanda Knox caused:

i.  the English phone to ring at 12:07:12 (16 seconds) and be discovered by Mrs.Lana’s daughter only because it rang , and

ii.  the other phone, registered to Filomena Romanelli, to ring, very briefly, at 12:11:02 (3 seconds) and,

iii. the English phone to ring again, also very briefly, at 12:11:54 (4 seconds), after being brought into Mrs.Lana’s house.

6.    Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.

In the opinion of the Court of Assizes (Massei Translation p.325), Amanda Knox’s call to Meredith’s phone was

...the first indispensible step before putting the [348] planned staging into action. The lack of a reply, since the poor girl was obviously already dead, gave a reason for reassurance about the fact that the young woman’s phone had not somehow been retrieved, [and] was therefore safe in the spot where it had been thrown, which, according to the expectations [in the minds] of the murderers was a precipice or some other inaccessible spot, rather than in the garden of a villa located barely outside the city, where the vegetation concealed it from view.

A plausible alternative opinion is that Knox’s calls to the obviously already dead Meredith were an obfuscatory stab to simulate what Knox imagined an innocent person would do.

Knox may well have expected that she was safe from phone-discovery, but these calls turned out to be the very instrument of a phone-discovery.

Had Knox not made these obfuscatory stabs, in the time-frame she made them Meredith’s phone would not have rung when it did ring and would therefore not have been discovered by Mrs, Lana’s daughter when she did discover it.

For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following:

[MKS ““ 00:10:31; duration and caller unspecified, but Wind signal [cell] incompatible with cottage, but compatible with Mrs. Lana’s place.

Therefore, Meredith’s mobile cell-phone had already been taken away from the cottage by her killers. It is not possible to determine from this phone-record whether the phone was switched on or off, but this phone was discovered at Mrs. Lana’s place because it was ringing, and therefore was “on”.

MKS− 12:11:02 (duration of 3 seconds): Amanda’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.

AKP− 12:11:54 (4 seconds): another call is made towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)

RSP− 06:02:59 Raffaele Sollecito received the SMS from his father wishing

Raffaelle a good night; from the evidence of the mobile phone record printouts of Dr. Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07]

3+ Hours after receiving his father’s message from 23:41:11 of 1.11.07:

[RSP− 09:24 Raffaele Sollecito received a phone call from his father lasting 248 seconds]

At this time RS’s consiousness would be dominated by his guilty knowledge, and probably far-advanced in the accomplishment of the 3rd imperative.

Did RS and father spend 4+ minutes discussing the weather?

This is the first father/son opportunity to formulate the two-pronged water-leak story.

Although AK had already been to the hardware store 2 hours before, they may well not have known the potential DNA problems with the knife, the need to scrub it vigorously, to clean-out, and repair the drain-pipes under the sink, and the need to return the knife to RS’s kitchen drawer.

As it turned-out, Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.

They probably did not know that incriminating stains could be invisible, but can be revealed byLuminol.

RSP− 09:29 another call was received lasting 38 seconds

RSP− 09:30 (duration unspecified?) the father called Raffaele; the call connected to the Vial Belardi sector 7 cell.(the best server cell for Corso Garibaldi 30).]

These two calls were probably spent dotting “˜i’s, crossing “˜t’s, and exchanging options, such as enlisting sister Vanessa’s skills and contacts.

Another 2+ Hours later:

[AKP− 12:07:12 (duration of 16 seconds) Amanda calls the English phone number 00447841131571 belonging to Meredith Kercher. The mobile phone connects to the cell at [346] Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (the signal from this cell is picked up at Sollecito’s house)

AKP− 12.08.44 (lasted 68 seconds) Amanda calls Romanelli Filomena on number 347-1073006; the mobile phone connects to the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell (which covers Sollecito’s house)

Discovery will be inevitable when Filomena eventuallyarrives-back at the cottage.

AK/RS have accepted that they have to “˜stand-pat’ with their efforts so-far to accomplish their 3rd imperative.

Amanda did not say a word in this phone-call to Filomena about Amanda’s phone call to Meredith, thereby withholding information that should have led Amanda to initiate discovery of Meredith’s body, and help Amanda to manouevre someone other than Amanda into being the one who “˜discovers’ Meredith’s body.

AKP− 12:11:02 (3 seconds) the Vodafone number 348-4673711 belonging to Meredith (this is the one [i.e. SIM card] registered to Romanelli Filomena) is called and its answering service is activated (cell used: Via dell’Aquila 5-Torre dell’Acquedotto sector3)

MKS: For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following:

− 12:11:02 (duration of 3 seconds): Amanda’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.

AKP− 12:11:54 (4 seconds): another call is made towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)

AKP− 12:12:35 (lasting 36 seconds) Romanelli Filomena calls Amanda Knox (No. 348-4673590); Amanda receives the call connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3 (still at Raffaele’s house)

AKP− 12:20:44 (lasting 65 seconds) Romanelli F. calls Amanda, who receives the call connecting to the cell in Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (good for Corso Garibaldi 30)

AKP− 12:34:56 (48 seconds): Filomena calls Amanda who receives it from the cottage on Via della Pergola 7 (the cell used is that on Piazza Lupattelli sector 7. As mentioned, Raffaele also used the same cell when he called the service centre at 12:35 hours to recharge [the credit of] his mobile phone)

RSP− 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)

RSP− 12:38: Vodafone sent a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)

RSP− 12:40: incoming call from the father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)]

Do RS and father exchange caveats?

[AKP− 12:47:23 (duration of 88 seconds): Amanda calls the American (USA) number 00120069326457, using the cell on Piazza Lupatetlli sector 7; the phone call takes place prior to the one which, at 12.51.40, Raffaele Sollecito will make to “š112”›, connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 1, which gives coverage to Via della Pergola 7]

In “Waiting To Be Heard” Knox can hardly deny having made this 1st call, acknowledges making the call, and purports, now, to recall its substance, providing the reader with her version of what was said.

[AKP− 13:24:18 (duration of 162 seconds): Amanda calls the same American number which corresponds to the home of her mother, Mrs Edda Mellas, using the same cell. It is obvious that the young woman is inside the cottage, where by this point, several minutes earlier, the Postal Police had shown up, [347] represented by Inspector Battistelli and Assistant Marzi, who were engaged in the task of tracking down Filomena Romanelli, who was the owner of the Vodafone phonecard contained in the mobile phone found earlier in the garden of the villa on Via Sperandio]

In “Waiting To Be Heard” Knox can hardly deny having made this 2nd call either, she acknowledges making the call, and provides the reader with her current version of what was said.

[RSP− 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320

RSP− 12:51:40 Raffaele Sollecito called “š112”› to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)

RSP− 12:54: a second call by Raffaele to “š112”› (57 sec.; connection to Piazza Lupattelli sector 7 cell)

MKS− 13:17:10 (lasting 1 second): the cell used was located in the same place, sector 7

AKP− 13:27:32 (duration of 26 seconds): Amanda calls the American number 0012069319350, still using the cell at Piazza Lupattelli sector 7.

AKP− 13:29:00 (duration of 296 seconds) Amanda receives [a call] from No. 075/54247561 (Piazza Lupattelli sector 7 cell)

RSP− 13:40:12: incoming call from the father (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)]

AKP− ?13:48:33 (1 second): this is an attempted call to her mother’s number

““ see below at 13:58:33

AKP− 13:58:33 (1 second): this is an attempted call to her mother’s number

The above item is a faithful translation from the Massei Motivazione section on Amanda Knox’s mobile phone traffic, but is listed out-of-time-sequence; the assigned-time is probably a “˜typo’ ““ “13:48:33” is much more likely correct.

[RSP− 14:33: the father called for 21 seconds (as above)]

Do RS and father exchange more caveats?

[AKP− 14:46:14 (102 seconds) Amanda receives a call from the German number 494154794034, most likely belonging to her aunt Doroty Craft

MKS− 15:13:43 (5 seconds) cell not indicated.

AKP− 15:31:51 (1 second): Amanda receives an SMS sent from the number 389/1531078; at this point the cell being used is the one on Via Cappuccinelli 5/A sector 2, where the Questura [police headquarters] is located

In the hours that followed the [mobile phone record] printouts show that the answering service of Amanda’s number 348-4673590 was activated due to a lack of signal coverage.]

Massei Translation p.324:

Finally, the analyses of the [phone record] printouts highlight that the first phone call made by Amanda on the day of 2 November was to Meredith Kercher’s English number.

The American student called her English flatmate even before contacting Romanelli Filomena to whom she intended to express, as she testified in court, her fears about the strange things she had seen in the cottage, which she had returned to at about 11 o’clock in order to shower in preparation for the excursion to Gubbio which she and Raffaele had planned.

It is strange that Amanda did not say a word to Filomena about the phone call to their flatmate, when the call, not having been answered, would normally have caused anxiety and posed some questions as to why Meredith did not answer the phone at such an advanced hour of the day.

[RSP− 17:01: the father called for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station

RSP− 17:42: the father called for 97 seconds (as above).

With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)

The above 2 calls presumably covered final agreements on the Father/son stories.

For the entire day of 1 November and then of 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing.]

This finishes the merged listings of the Massei sections on AKP, MKP, and RSP, using the UPC telephone traffic, reappraising the more probable scenarios surrounding what happened at 7 Via della Pergola, in Perugia on the night of November 1-2, 2007.

Readers are invited to make their own suggestions on probable scenarios, here below or in email.

Sunday, June 23, 2013

A Summary Of The Cassazione Ruling On Annulment Of The Knox-Sollecito Appeal

Posted by Machiavelli

[Above and below: justice-themed artwork in Cassazione; motifs are used all over the world]

1. Introduction

On June 18, 2013 the Supreme Court of Cassazione issued the official rationale for the sentence of annulment of the Hellmann-Zanetti verdict.

That verdict acquitted Amanda Knox and Raffaele Sollecito on the charge of murder and sexual violence, while finding Knox guilty of the crime of calunnia (obstruction of justice by maliciously placing false accusation against a person you know is innocent).

Previously I posted here a summary of the recourse to the Cassazione by the Umbria Prosecutor-General Dr. Galati and Prosecutor Dr. Costagliola which demanded an annulment of the appeal verdict. I also posted here a first summary report, from the March 25-26 Supreme Court hearing, when the Hellmann verdict was annulled and thus prosecution recourse was won.

The 74-page motivation report states clearly that Cassazione “accept the points of the recourse” from both the Prosecution and the Kercher parties, while they reject the Knox defense recourse.

While you will realize it yourself in reading it, I can say in advance that what the Supreme Court points out in the appeal verdict is a pattern of manifest violation of an unprecedented gravity. All those I know in the law professions have never seen, throughout their professional lives, a Cassazione bashing portraying such a concentration of flaws in one verdict.

Mostly written by Judge M. S Caprioglio (possibly including parts by Judge Severo Chieffi) the document features a sophisticated Italian language and a formal style.

The first half of the report is a summary of judicial events and arguments made by the parties through the previous instances. The second part basically dismantles all the points of reasoning of the Hellmann-Zanetti verdict, without spending too many words for each one of them.

2. A premise about the concept of legitimacy judgment

The second part is introduced by an explanation about what a “legitimacy judgment” is, about its scope and boundaries. The Court is called to assess 1) whether the judges of merit indicated reasons for their decisions, and 2) if reasons are logically argued and legally founded.

The meaning of “logically argued” is that the Court shall verify that the lower judge actually did take into consideration the evidence included in the trial file (“principle of completeness”), and if reasoning is consistent with them, and with the law. The Court “being a “court of legitimacy” [decides on legitimacy of the process that lead to conclusions, not on the merit] “does not assess directly the existence or the quality of the pieces of evidence, but may well assess the quality of reasoning about it and its actual consistence with the evidence in the file”.

So the legitimacy judges staying within their boundaries are not prevented from assessing whether the lower court followed logical criteria, meaning assessing if arguments used by the lower courts are plausible, as well as if their reasoning is “complete” and truthful with respect to the evidence file. The Supreme Court is also allowed to access the evidence trial documents for the parts that may conflict with the verdict conclusions.

The Court states that the present case is obviously based on circumstantial evidence, but points out how circumstantial evidence is not less powerful or logically less valuable than direct evidence.

While remaining within the boundaries of the legitimacy judgment, the Court notes anyway that at first sight in the Hellmann-Zanetti verdict there is an obvious “parceling out” of the pieces of circumstantial evidence. This means a lack of assessment also of each piece of circumstantial evidence, since the judge failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be filled by crossing them and taking in account the whole set of them.

The Court also notes however that the judges’ conclusions also openly contradicted some of the pieces of evidence: they neglected or “overlooked” them in some cases, or dismissed some pieces on which the previous reasoning was based without offering adequate reasons. Moreover the pieces of evidence were also not “adequately elaborated”, and the pieces of reasoning about them were “not coordinated”.

3. The Amanda Knox calunnia

Reversing the order of topics from the Galati-Costagliola recourse, the Court deals first with the charge of calunnia for which Knox was convicted twice [obstructing justice by accusing a person who you know is innocent] (p. 41-44), since on this topic there is a converging of all recourses and unanimity by all judges. The appeal court had dismissed a possible link between the calunnia and the murder charges, but the explanation provided for that appears obviously illogical.

The Hellmann-Zanetti scenario - by which, they say, Knox may have voluntarily accused an innocent man just because she was pressed by investigators, thus for a purpose totally independent from the intent of obstructing the investigation on the charge of murder “is argued in a way that conflicts with and neglects the actual evidence documents”.

While Hellmann-Zanetti argue solely based on a police interrogation scenario as if the false accusation was an event confined within it, the Cassazione does not see Knox’s calunnia as a single event nor as a behavior limited to the situation of the interrogation, but rather as a prolonged behavior extending over a time of many hours and days (“perduranza in atteggiamento delittuoso”). Basically Knox goes on implicating Lumumba repeatedly, and she repeatedly provides false evidence, such as through her hand-written note “where she stands by what she declared” and by her subsequent behavior.

The Court also observes the evidence file contains evidence that was overlooked by Hellmann-Zanetti indicating Knox was aware that Lumumba was innocent, such as the recording of prison dialogues with her mother, where she says she feels guilty for having accused Patrick “a feeling of guilt implies an assumption that he was innocent”.

So the appeal court made mistakes because they lacked inference from pieces of evidence, mainly neglecting to argue elements like the discussion with her mother, her written memoir including the repetition of pieces of false testimony and her court admissions that she wrote her memoir voluntarily.

It points out (p.42) that Knox albeit young was a “mature” person meaning she had an adequate cultural level and education and would be able to regain control of herself afterward even if she had suffered a coercion or a moment of emotional breakdown. Knox would be basically able to understand the gravity of her declaration over a period of time.

If only one single event, such a false accusation caused by pressure, breakdown and stress could have been argued “in the abstract” in the way Hellmann-Zanetti did, considering the calunnia as a choice resulting from an episode of emotional breakdown, but the Hellmann-Zanetti reasoning neglects the actual documents and is not fit to explain the persisting and repeated false testimony.

The Supreme Court reminds that “information about commission of a crime” can be derived also from the interrogation of a police suspect, even from information released by a suspect who had not be read their rights under Art. 64, even from statements that are not usable for lack of defensive rights, and even that in the event the interrogation is to be nullified.

In all these cases the suspect commits a calunnia whenever he/she voluntarily and falsely accuses someone to defend himself/herself (so there can’t be any consequential link between the legal status of the interrogation, and the charge of calunnia or the collecting of information about a crime).

The Cassazione also points out that the Hellmann Zanetti rationale is illogical when it states that “the easiest way out” for one guilty “would have been to accuse the real author of the crime”. The inference obviously does not consider that she may be herself among the real authors of the crime (especially since she lived there and had access to the scene of crime).

The Court also points out the failure to properly address the importance of the details contained in the Knox false testimony (the detailing of this is in subsequent chapter).

4. The crime scene staging

The Cassazione accepts the Prosecution General point of recourse complaining about the failure to consider the evidence of staging a burglary, and says the recourse is “founded”. The pieces of physical evidence suggesting a staging are not satisfactorily argued or refuted by Hellmann-Zanetti.

The Hellmann-Zanetti appeal court also argued in favor of the “lone perpetrator scenario” by introducing some assertions which are unacceptable since they openly “collide” with the trial documents or are unfounded. Basically their reasoning was hinging on elements such as speculations about Guede’s personality, they introduced allegations like a purported habitual burglar profile, not backed by any evidence.

On the other hand they bring in arguments “like that about a glass shard in Meredith’s room” which have zero implications in their scenario (because they are equally good to argue in favor of a staging).

They should have argued “in favor or against” about evidence of burglary/staging based on the assessment of the pieces of physical evidence found on the scene, like argue against Massei’s reasoning about the ones mentioned in the first trial, say why it was not good. On the other hand the break-in scenario, as described by Hellmann-Zanetti, is affected by “multiple logical ruptures”, details are not explained consistently.

Moreover the Court says a scenario involving the issue of burglary/staging should be argued based on the overall evidence about Rudy Guede, meaning a scenario involving the whole of what he had done, like explain all the traces that show his movements, for example the trail of bloody shoe prints showing that he left the murder room straight away.

There are aspects of the reasoning that are “tautological” (circular and begging the question).

The Hellmann-Zanetti reasoning on the same point is also neglectful of part of the file sources (is based on a “partial access to information”), for example it overlook testimonies concerning wounds on Guede’s hands, dismissal of glass on top of items. To sum up, the rationale employs inadequate inferential principles and incorrect information.

5. Man in the park Curatolo’s testimony

Hellmann-Zanetti had dismissed the testimony of Antonio Curatolo.

Their statement about the reliability of Curatolo is totally “censurable”, since it is “apodictic” [assumed as a premise “true in advance” without explanation], and not based on thorough analysis of the data. In particular when they state that he tends to confuse days dates: such assertions are both unfounded and illogical since conflicting with the testimonies of himself and of others witnesses. The Court does not assess the reliability of Curatolo as a witness, but notes that the reasons brought by Hellmann-Zanetti are unacceptable.

The possibility to explain elements of the testimony by mistake of date by the witness, so placing his testimony possibly on Oct 31. is conflicting with the other evidence, namely the testimonies showing the defendants were elsewhere on the 31st. Moreover the elements used for the argument are logically weak compared to the strength of the elements showing Curatolo correctly “anchoring” his testimony to real events.

Then the lower court introduced “as further basis of reasoning” assertions in order to “jump” across the whole of Curatolo’s testimony: they based their conclusion on the asserted “decaying intellectual faculties”, on his use of heroin, and on his modus vivendi.

However they do not offer any element of evidence about the alleged mental decay, they fail to show this through analysis of his testimony, and in fact they completely fail to analyze the actual content and consistence of his testimony (lack of “completeness”). The use of heroin and his modus vivendi (as a “bum”) is also not acceptable as a reason for dismissing reliability of a witness, this would be an arbitrary judgment that violates the principles of witness assessment.

Since the witness was very assertive, consistent and felt certain about his testimony, the court would need a logically strong argument “based on some other finding or certainty” in order to dismiss his reliability (dislikes about his lifestyle or disproven speculations about date mistakes are not).

6. Shopkeeper Quintavalle’s testimony

The Court pretty quickly dismisses the Hellmann-Zanetti conclusions about Quintavalle, on grounds that they are based on a “cherry picking” and twisting of information from the documents, basically they misinterpret and neglect to consider the actual content of the Quintavalle’s testimony.

In fact the summary description of Quintavalle’s testimony that was offered by Hellmann-Zanetti is basically a misrepresentation based on incomplete parts of the testimony and overlooking of others, and flatly contradicts the content of actual testimony (it is not what Quintavalle and witnesses actually said).

It is not true that Quintavalle remembered about recognizing Knox one year later, documents show that he was sure about her identity from the early investigation - the Cassazione quotes some of Quintavalle’s statements where he remarks her circumstances and features.

Hellmann-Zanetti reported some bits of information in a fragmentary fashion without taking into account the explanations of Quintavalle and the answers he actually had given through the investigation.

The appeal court should have analyzed the whole of what the witness actually said, and crossed the statements with the existing information, instead of selecting cherry- picked bits and pinned on them a meaning out of context.

The Cassazione is not interested in assessing the reliability of the witness Quintavalle, but they find “intolerable” that Hellmann-Zanetti give a false picture of the testimony, in a way disjointed from the true content of the trial documentation.

7. The failure to consider implications of Knox’s memoir

The Prosecutor General was right in blaming the Hellmann-Zanetti court for neglecting to evaluate the hand written note written by Amanda Knox as a piece of circumstantial evidence. The appeal court dismissed the memoir as useless on the sole basis that it does not have a substantial meaning (actually: that it did not represent the truth).

But this argument is insufficient (and circular); it is also “structurally” inconsistent because the same Hellmann-Zanetti court used the very same note as a piece of evidence in the calunnia charge, and cannot be logically linked to pressure because she wrote it alone on her own initiative and not during an interrogation.

The Court details the content of the note pointing out that in the hand written memoir there is a repetition of some of the details from her previous “spontaneous statements”, which are now only set in an oneiric [dream-like, surreal] frame (they “seem unreal”) but yet they are the same peculiar details from the false accusation.

The Court also highlights the new “sibylline” [ambiguous and threatening] accusation by Knox against Sollecito (remembering blood on his hands, but probably from fish).

The next appeal court will need to build some actual arguments to explain these features, taking in account that “as for Hellmann-Zanetti” she wrote that while she was fully capable to understand and without any pressure from authorities.

The contradictory nature of the appeal court reasons on this point is “obvious”.

8. Failure to consider judicial files from Guede’s definitive sentencing

The Court spends a bit more than one page to explain why the prosecution recourse is correct in their complaint on this point as well. In fact Hellmann-Zanetti did accept the Guede verdict as a piece of circumstantial evidence, but argued that that piece was “particularly weak”.

However, the problem is that in reality they did not assess it at all in order to come to that conclusion, but they rather just completely ignored the whole content of the Guede verdict reports.

The court is not authorized to dismiss a piece of evidence which they formally entered without assessing it, just on “in limine” reasons. Therefore the decision openly “violates the law” (p. 55).

The Rudi Guede verdict motivations theoretically might be found “particularly weak” as a piece of circumstantial evidence, but it can’t be ruled “particularly weak” on the reasons declared by Hellmann-Zanetti.

The appeal court did not try to argue the logical passages of the Guede verdict in order to assess it and explain why conclusions were weak, instead they decided to ignore it, not based on the analysis of its content but instead based on the legal nature of the document. This is a patent violation of the law, and a conflict with the trial documents.

Thereafter the Hellmann-Zanetti court steered the discourse onto the alleged “habitual criminal” profile of Guede (an interpretation based on speculation) without explaining the reasons for building a scenario about Guede so far-fetched compared to the findings in the trial’s files about Guede.

Moreover the appeal court adds a further, false and illogical argument when they state that, even if Guede was proven to be guilty of concurring with others, this does not have implications for Knox and Sollecito at all because those accomplices could have been other people. The alleged lack of implication is false under logic, because determining that Guede acted together with others would additional information on the crime, which could be crossed with other information (such as about who had access to the apartment etc.).

The Court also remarks that the trials had found and explicitly declared Guede innocent of the crime of burglary, and the appeal court also fails to deal with this in their alternative scenario.

The appeal court also failed to consider other information from the findings of the Guede trial, and explicitly contradicted it without justification, for example they neglected to consider how the courts had determined through multiple witnesses that Guede actually did not have any injury on his hands on the night after the murder [Guede had cuts on his hand, but many days later, not the night after the murder].

9. Declarations of Rudy Guede at the Knox-Sollecito appeal

There is an open violation of the law in the Hellmann-Zanetti motivations, in the particular statement where they assert that Guede’s declarations in the courtroom were unreliable for the reason that he refused to undergo a questioning.

The reason brought by Hellmann-Zanetti to rule unreliability is illegitimate when referring to the specific declarations of Rudy Guede in the Knox-Sollecito appeal, and legally not true.

First, the Cassazione notes that the decision to refuse a questioning pertaining to a crime is within the rights of a witness who is implicated in the same crime. If the witness decided to invoke this right, the courts and the parties are bond to enforce it and limit their questions within topics unrelated to the crime, and under the law, no conclusion about reliability/unreliability can be drawn solely from the witness’s decision to refuse to answer about a topic in which he was implicated as a defendant.

No court could conclude that a witness is unreliable on the sole ground that he enforces his rights.

Moreover, preventing an interrogation of the witness on such topics is just a duty of the Prosecution and the Court, not a ruling “in favor” of the witness (and co-defendant).

The Prosecutor General had summoned Guede to testify only about the topic of things he said during conversation with inmates and letters he wrote from prison, and since the witness invoked his right as an ex co-defendant the Prosecutor General had the duty to enforce the limitations on his questioning.

It was the Sollecito-Knox defence attorneys who attempted to place questions directly on the topic of the events of Nov. 2, 2007, and they asked Guede to confirm the content of his letter directly pertaining the Kercher murder. The defence asked him to confirm if one particular statement of the letter he wrote was true, and the statement of Rudy Guede confirming his Knox and Sollecito implication and accusing them of murder was only in response to this, stemming from the defence question.

The declaration of Rudy Guede might be considered irrelevant as a piece of circumstantial evidence; and the witness might be assessed as unreliable by a court, but this cannot be done based on the illegitimate grounds brought by Hellmann-Zanetti. You cannot have, as an argument for unreliability, the fact that Rudy Guede chose the legal option of not undergoing a questioning about the murder.

The Cassazione also notes how the Hellmann-Zanetti report details some of Guede’s declarations in order to argue for his unreliability. However the cited statements from the Skype conversation with Giacomo Benedetti are used by Hellmann-Zanetti just to build an illogical argument: they say Rudy should have logically indicated the true culprits in that call, the fact that he does not accuse them is an indication that they were not there.

This argument is flawed (besides contradicting the very same claim about Guede’s unreliability). The Cassazione sees the weakness of reasoning about the Skype call as “symptomatic” of the lack of logical consistence of the appeal court on the topic of Rudy reliability, and it also reveals that the criteria they are following are not compatible with logic.

The appeal reasoning is also contradictory on further points, as Hellmann-Zanetti consider some declarations of Guede “reliable” without logical reason - like about the timing of death, where the appeal court considers Rudy’s statement reliable without considering that he had an obvious logical interest and an attitude of misleading the accusations by providing details that were conflicting with evidence.

Paradoxically, had the Hellmann-Zanetti court followed the same criteria on other declarations, they should have considered Guede’s declarations “reliable” when he says “Amanda is not implicated”, as well as when he says - talking about Sollecito - “I don’t know, I think it’s him” . The appeal court did not follow the principle of completeness and they did not consider these.

The Hellmann-Zanetti report also fails to consider that Guede was assessed as “totally unreliable” by his trial judges (they could have used such finding in documents to argue unreliability of his statements instead; if they had only read the Guede verdict). In other words they worked inconsistent arguments out of on an incomplete set of data.

10. The refusal to listen to the whole testimony of witness Luciano Aviello

The appeal trial was procedurally flawed also by the refused to call Luciano Aviello before the court again, as he was supposed to complete what was left out of his testimony.

Luciano Aviello was called as a witness by the court in accepting a defence request; after his hearing, during the course of the trial, new elements emerged “new witness declarations” that created a necessity to put some further questions to the witness.

The Hellmann-Zanetti court refuse to call back the witness to complete the questioning, despite that he had already been accepted as a witness by the same court. So the witness was basically prevented from completing his testimony.

The Cassazione does not argue about the reliability of Aviello as a witness (nor about the relevance of his testimony) but points the finger against the inconsistency of Hellmann-Zanetti’s ruling, which causes their decision to be illegitimate.

The refusal to call back the witness to complete his testimony at a second hearing was manifestly inconsistent, since that violates the principle of completeness (once you call a witness, you need to be ready to listen to all that he has to say).

The court’s decision was “unacceptable” (p. 58) also because it was based on arbitrary criteria - as Hellmann-Zanetti said “another hearing of the witness is not indispensable” on the ground that minutes of his interrogation were entered in the file: the decision violates the principles of usability of documents and the rules of witness hearing.

The appeal court completely ignored the reasons for and the new content of the topics Aviello was to be questioned about, and did not assess them. Instead, they violated articles 511, 511bis and 512 of the procedure code by “replacing” it with non-usable minutes of his interrogation.

The judgement of “non-indispensable” was also unfounded, manifestly so compared to the importance of the topic which referred to the explanation and completeness of Aviello’s testimony. A plot concerning a secret agreement in order to offer false declarations in court is obviously a topic with some relevance.

There is also a violation of the principle of confrontation, because Aviello was a defence witness and the Prosecutor General had the duty of carrying on an assessment of the witness within the appeal trial by cross examination (Hellmann-Zanetti’s decision allowed only the piece of testimony that could be favorable to the defence, and they cut off the part that could be unfavorable).

The motivation is also incomplete as Aviello is ruled “unreliable” a priori because of his retraction (which Hellmann-Zanetti apparently considered reliable) and irrelevant as a piece of evidence without actually listening to the content of his testimony, to what he had to say.

The testimony of Aviello could not be “cut off” that way and could not be considered unreliable a priori without listening to it.

11. The re-framing of the time of death

The Court devotes four pages to explaining how Hellmann-Zanetti’s reasoning about re-location of the time of death is illogical.

The appeal court refused to anchor the timing (and further features, noises etc.) of the screaming, to the time frame offered by two witnesses, Nara Capezzali and Antonella Monacchia. They also dismissed the testimony of Mrs. Dramis. Instead they accepted the defence idea of determining the time of death based on the statements by the “unreliable” Rudy Guede. They put the time of death in relation to the phone calls, around 9pm.

As for the Cassazione, such an argumentation path is woven through with “conjecture and illusions” (p. 61). The bases chosen for inference are devoid of any factual validity, as opposed to the elements of evidence which were discharged, which are instead extremely relevant.

The Hellmann-Zanetti report refutes the elements (testimonies of Capezzali, Damis, Monacchia) with arguments which are riddled with obvious, multiple inconsistencies [like the claim that a half-an-hour error would make the testimony unreliable, or that Nara’s looking unsure between the dates of Nov. 1. or 2. makes the scream attributable to something else, as if she was used to hearing blood-curdling screams every other day and as if the Monacchia confirmation testimony didn’t exist].

So the Hellmann-Zanetti rationale dismisses as “unreliable” or “useless” some very relevant and consistent testimonies (from witnesses they declare “credible”), while on the other hand, it accepts as “reliable” a dictum by Rudi Guede and builds a theory of the time of death on it - despite the defence itself having pointed out how Guede was totally unreliable and was also very able at changing and twisting every detail of his story, all the time and on any occasion, from the earliest stages of the investigation.

The Cassazione states - without any possibility of question - that it is manifestly obvious that things Guede consciously stated on the Skype conversation could never be used as the main credible source to build an inference about the time of death.

Moreover the Court points out that in fact the appeal court cherry picked just one statement by Guede, regarding the time of death, and considered it “credible”, while neglecting to note how within the same Skype conversation Guede also made a number of assertions about Knox

These included statements that place evidence against Knox and Sollecito. While in the same conversation Guede says “Amanda was not implicated”, he also states that Amanda was in the house; he states remembering that in Romanelli’s room the window appeared intact, and denied having broken it, he inferred that Knox and Sollecito must have done it; he also assumed that they must have altered the scene of the crime and the victim’s body; he also said he thought the man he saw was probably Sollecito.

The Hellmann-Zanetti court simply neglects to consider and deal with the whole information from the Skype call, which they instead elect to reliably source solely regarding Guede’s declaration about the time; so “besides illogicality in the unfounded dismissal of other testimonies” their method of processing information violates completeness and consistency.

The appeal court is also extremely weak where they try to fill the logical gap by drawing further inference from Meredith’s phone records. The attempt to link a mistaken phone call with the time of death is simply inherently implausible, a wrong call is a trivial event and there is no reason to make such link; also the delay by Meredith who did not call her mother again within the next half an hour is a trivial element which doesn’t have a specific implication upon the time of death.

The worst Hellmann-Zanetti did on this topic is the downplaying and underestimation of the testimonies of the three witnesses - Capezzali, Monacchia and Dramis.

In fact Capezzali described the scream in detail, picturing it with a number of features - “harrowing”, “unusual”, “long”, “isolated” and stressed its uniqueness and added additional information about noises (gravel path etc.) unequivocally linked to the cottage, she made clear that she never heard something similar before.

Monacchia was even more precise about the timing, since she went to sleep at 10.00 pm and slept for a while; Dramis came home back from the cinema at 10:30 pm. Their timings converge in placing the timing of an isolated scream later than 10:30 pm.

On the basis of Nara Capezzali’s testimony, it is absolutely unreasonable for the appeal court to assume that Nara could confuse the scream with the usual other “noises” of “junkies”.

Dramis as well referred to having been awaken by some noise of a kind she never heard before. Hellmann-Zanetti ruled out the time frame offered by the testimonies of Monacchia and Dramis for no reason except that they gave their testimony one year later; this is a totally insufficient and illogical reason.

As for considering Rudy as a reliable source, instead it is acknowledged that Guede was obviously lying and following a pattern of behavior/strategy of providing a flow of false details to muddle investigation.

The Court adds that neglecting the importance of information about the scream seems even more stunning when you consider the fact that the scream coincides with a detail that was mentioned in an early testimony of Knox [and even in declarations of Guede].

12. The court appointing of new experts and their management

This point may be the most interesting because it is the only topic on which the Supreme Court doesn’t agree entirely with the Prosecution General.

The Prosecution’s complaint was “˜partly’ correct about objecting to the legitimacy of the appeal court appointing new experts.

The point of recourse is founded insofar as the appointing was insufficiently motivated in the rationale: the reason expressed ““  basically addressing just the judge’s lack of scientific knowledge ““  is inconsistent, and also inadmissible because it violates the principle of non-delegation of judgment. 

However, the judge’s decision of appointing experts itself should supposedly always be based on assessments of the merits of the evidence. The Cassazione cannot decide on the merits, so the decision about whether more expertise is necessary or not, which was supposedly taken based on the evidence available, is an exclusive competence of the judge of merit and the High Court can’t discuss it. 

The absence of consistent motivations for the appointing reveals an insecurity of the appeal court about the evidence, which they (rightly or wrongly) attributed to incomplete information.  However, the peculiar way the appeal court subsequently managed the experts is censurable.

The experts decided to not test the new DNA sample, despite the fact that the amount was 120 picograms [so much more than “˜5 picograms’ as declared by Vecchiotti in court, ed.], on an arbitrary decision by only one of the experts, on the ground that it was a “˜Low Copy Number’. Such a decision ““ itself unlawful ““ was subsequently subscribed to by the appeal court.

When the Prosecution General and consultant Prof. Novelli requested to go on testing the sample, since it was perfectly possible to do so, the court denied, arguing on the false assumption obtained by misquoting Novelli as saying the required techniques were “in the experimental phase”.

This was a misquote, a misinterpretation of a statement by Novelli, and the Court finds it to be false in the documentation: Hellmann-Zanetti incurred a gross misrepresentation of reality as they called the new technology “experimental”  and “unreliable”.

Beside this false claim, it was on principle unacceptable that the expert Carla Vecchiotti refused to carry out a test, and that the judge accepted such a decision.

The expert’s decision violated the judge’s previous ordnance, because the written order said that they must require the court’s opinion before taking any decision, not after; the judge’s change also violated their own ordnance, because it withdrew from the previous tasking. 

The modus operandi of the court therefore was to let an expert make decisions about their own mandate, based on their own judgment about the subsequent value of their finding in court.

But the experts had no authority to reduce or re-frame their own mandate, it is not up to them to preemptively decide whether their finding is reliable or not and anyway they cannot refuse to accomplish an order or to bring a finding into court; no matter if their finding is unreliable as a piece of evidence, they have to bring it anyway to court discussion, and its value will be determined through court discussion.

Hellmann-Zanetti were incomplete on documenting Novelli’s positions which were expressed during the experts’ testing and are in conflict with the Vecchioti-Conti decisions. They could have chosen Vecchiotti’s positions, but only after having dealt with the arguments expressed by the other side too.

The decisions by which Hellmann-Zanetti managed the experts’ work is also in violation of the principle of equality and the right of all parties to bring evidence, since they ordered a perizia [experts investigation] but then they prevented it from being fully accomplished: they only allowed the research activity by which the defence was seeking evidence, while they prohibited those activities requested by the accusation parties.   

Once they ordered new scientific tests, the order should have been completed without any a priori unjustified preclusion. Their unbalanced modus operandi was an alteration of the evidence information set, and a violation of the law (p.66), and cause their motivations to be manifestly illogical.

13. The DNA evidence

The appeal court passively accepted the new experts’ conclusions, while ignoring the opinions of the witnesses Novelli and Torricelli. Their arguments had a comparable degree of importance, and the witnesses had at least the same degree of expertise and authority than the judge appointed experts.

As the judges chose to believe the conclusions of some experts in disagreement with others, they are not obligated to demonstrate themselves that such conclusions are true, but nonetheless they are required to report the arguments made by the other side and they need to deal with them in a reasoning. 

This is especially necessary if the expert witnesses have a great expertise and credibility, at least comparable to that of the judge-appointed experts. 

Hellmann-Zanetti accepted the C&V report entirely and passively, without confronting it with the opposite arguments and objections. Such procedure is illegitimate, since objections and arguments were not even mentioned.

The Casssazione recalls, among the not-mentioned and not-dealt-with arguments, that Prof. Novelli had calculated a probability of misinterpretation of the alleles on the bra-clasp; and Dr. Torricelli analyzed the Y-haplotype on 17 loci and found no match except Sollecito. 

Novelli also testified that recommendations and protocols do exist, but the operator’s competence and common sense in scientific assessment is more important. He also said that the researcher should be always allowed to depart from standard procedures when single situations suggest so.

The judge-appointed experts themselves ruled out laboratory contamination. Novelli analyzed 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. 

Also Dr. Stefanoni testified that the knife was tested 6 days after an alleged contaminating and Vecchiotti confirmed that the time interval would lead to rule out laboratory contamination.

Hellmann-Zanetti also ignored or twisted information regarding the crime; it ignored the finding that no instance of Sollecito’s DNA was found on the scene as a possible contamination source despite may environmental samples; the High Court labels as false ““ going by the evidence file - Hellmann Zanetti’s statement saying that “everybody had walked around into the house”. 

Also Cassazione notes that deterioration of an evidence scene due to time would normally cause a loss of DNA information, not an appearing of new information not found elsewhere.

So Hellmann-Zanetti did not take in account nor cite a huge part of the credited opinions and information; the total failure to mention such a major chunk of information by Hellmann-Zanetti makes their judgment about the topic illegitimate, and shows their “˜unacceptable’ modus operandi. 

However the most surprising point of Hellmann-Zanetti ““ in the Cassazione’s view ““ is their uncritical accepting of the theory that contamination is “possible”, without linking the scenario of likeliness of contamination to any factual finding or datum. They actually built an axiom on a straining, a cherry picking and a falsifying of information.

The Court also reminds how Novelli testified that, in order to have a plausible scenario of contamination, you need to prove the existence of a source, of a vehicle of it. 

They note from the documentation that negative control did exist, and that Vecchiotti & Conti were “˜superficial’ in assuming they did not exist just because they were not included in the technical report.

The Supreme Court then points out that: 

(1) the collection of items was performed correctly contrarily to Hellmann’s suggestions, all activities of collection and laboratory tests were done before the eyes of defence experts, the environments were not contaminated, and the defence experts that were assisting did not raise any objection, they complained about things only much later;

(2) the arguments and explanations dr. Stefanoni subsequently gave were not adequately refuted;

(3) the picture of correctness in procedure causes the burden of proof in order to claim likeliness of contamination to rest squarely on the shoulders of those who claim it.

The law does not admit to set out the reasoning from a sheer “falsification” paradigm (meaning: it is wrong to assume that the prosecution has any burden to demonstrate the absence of contamination). Such an assumption would make it impossible to collect any piece of circumstantial evidence or do any scientific test at all.

The argument that the evidence should be dismissed as unreliable because contamination is “˜possible’ is totally illogical. You can’t dismiss pieces of evidence on the ground of a mere “˜possibility’ (or we should dismiss all pieces of evidence collected on all cases).

An alleged contamination event needs not to be only “˜possible’ (everything is possible), it needs to be “˜credible’. In order to consider if contamination was likely on a specific instance, some factual evidence of the specific causal circumstance is needed. 

To bring a claim about “˜contamination’, while you don’t need to actually prove that the event of contamination occurred, you do need to prove a factual and scientific datum that would cause that specific contamination event to be “˜credible’ (probable).

In order to claim a contamination likely occurred, pointing at issues about professionalism of forensics is not enough. The factual existence of a specific “˜vehicle’ of contamination needs to be proven [like presence of a source, evidence of contamination in other results, explanation of the dynamic etc.]. 

To refute the scientific finding you need something much logically stronger than a complaint referring to ideal practice and protocols and the absolute generic concept of “˜possible’.  The claim about a fact such as a specific instance of contamination requires “˜factual’ circumstances and data, “˜specific’ and “˜real’.

14. Analysis of prints and other traces

The objections by the Prosecution General on this topic are correct.  The appeal court motivations manifestly lacks logical rigor in multiple instances.

The Court cannot object about the attribution of the bathmat print since the topic is strictly in the merit. But the implied scenario where Guede’s left shoe comes off after he walked on the pillow is implausible: it doesn’t explain why an Adidas shoe would come off, and it doesn’t reconcile with the evidence documentation.

Guede using the small bathroom to wash himself, and then locking Meredith’s door, is in conflict with the trail of shoeprints only showing him walking straight out. It makes no sense to assume that he lost a shoe just because there are blood prints of the right shoe alone. 

About the luminol foot prints, it is implausible to assume that those prints were left on some other occasion, since ““ in the Court’s view - luminol basically indicates blood (and in no other circumstance could someone produce such a set of prints in blood). The Cassazione notes that the Massei scenario to explain the footprints was far more plausible, and Hellmann-Zanetti bring no reason to refute it.

The scenario described by the first instance trial court was also more complete, since it was able to connect the dots on several other details, including the “˜mixed traces’ of blood in the small bathroom, on the light switch, etc.

The only argument brought by Hellmann-Zanetti was the absence of Sollecito’s DNA from the blood/luminol stains. For the rest it was an “apodictic” assumption, so that they did not deal with the logical points that were made on the first instance.     

15. The declarations of Ms. Knox

The Hellmann-Zanetti verdict was “˜critically’ flawed, as claimed by the Prosecution General, also on this point. This topic area falls into the big picture of parceling out of the pieces of evidence which was done by the appeal court.

The Supreme Court notes that Hellmann-Zanetti just assumed that there was no circumstantial evidence in Knox’s declarations, but they falsely implied that it was about behavioral and emotional evidence. Instead it was about Knox’s revealing a knowledge of details from the crime scene. 

The Court mentions some of Knox’s statements conflicting with evidence and testimonies: she told Meredith’s friend of having found the body, she said it was before “˜a closet’, that it was covered, that Meredith had her throat cut and that she suffered a great blood loss. The first degree court reports Knox saying she didn’t see into the room, that she was far away in the corridor when it was opened.   

Hellmann-Zanetti fail to mention this set of elements or clues, and they also neglect to consider the issue of Amanda’s phone call to her mother in the middle of the night and subsequent calls.

The Cassazione observes that Knox was unable to “˜remember’ the 12:47 phone call and did not explain its content; but Hellmann-Zanetti mistakenly considered such a phone call as occurring “˜at the same time’ of Sollecito’s calls to her sister and to the Carabinieri. In fact ““ the Court notes ““ Knox called her mother three minutes before Sollecito called his sister, she was first person to make any phone calls.

So Knox’s “˜downplaying’ of her phone call ““ her suggesting a total vague content, a sense of confusion and nothing important ““ and the early time of it, are not considered details worth of mention by the Hellmann-Zanetti court, and they are not put in relation to Knox’s inside knowledge about details of the crime (if she didn’t know anything at all, why does she call her mother to express vague confusion, worried about something she doesn’t know?).
 
What the Court finds objectionable is that Hellmann-Zanetti simply made assertions and steered on, talking about the subjective emotional reactions, without confronting any logical argumentation made by the lower court, and they failed to do anything to demolish the first instance reasoning. 

16. Final indications

The Hellmann-Zanetti verdicts are annulled. The new appeal court will have to fix all the critical legitimacy flaws pointed out following the Cassazione indications.

The new appeal Judges will have to assess the pieces of circumstantial evidence in a global an unitary way, to assess whether the relative ambiguity of each piece of evidence can be overcome by the overall system between them.

The result of such an assessment will have to lead to a decision not only about the presence of Knox and Sollecito on the murder scene, but also about their possible roles in the crime, and to decide among an array of possible scenarios: from a premeditated intent to kill to possible scenarios that may involve a non-premeditated decision to murder as a departure from an original plan to have a non-consensual sex game, or involve a forced sex game that run out of control, or a similar situation.

The recourse submitted by Knox on the point of her conviction for calunnia is rejected. All points of recourse 1-10 by the Prosecution General are accepted, the appeal trial is annulled on grounds of manifest illogicality, inconsistence and violation of law for all conclusions of acquittal; instead, the conviction for the charge of calunnia stands, but the denial of aggravation in finding it not-linked to the murder is annulled.

Knox is condemned to pay the legal expenses sustained by the State and by Lumumba. If found guilty, Knox and Sollecito will have to pay also the expenses sustained by the Kerchers. 

17. Considerations arising from the report

My final thoughts. Since the appeal verdicts were annulled, the legal situation is that Knox and Sollecito stand currently convicted in first degree and awaiting the appeal, which they had launched against their convictions. 

They had already got a fair trial, before a court presided over by Massei; now they are appealing the verdict in a Florentine court. An appeal ““ under the Italian criminal procedure ““ can take the shape of a new trial ““ usually, partly ““ and so open again sessions where witnesses are heard and evidence are entered. 

However, in many cases this doesn’t happen, and the appeal doesn’t look like a full trial. Anyway, even if the trial phase is re-opened,  what may look like a trial de novo is in fact only an extension of the previous one; meaning: the trial de novo in fact doesn’t start from scratch, but starts from the documentation already existing and incorporates the previous proceedings. 

The main piece of documentation now incorporated is the 2013 Supreme Court verdict.

Whatever appeal court deals with the Knox-Sollecito proceedings,  they will have to set it within the guidelines, limitations and indications established by the Cassazione.

The Cassazione has dismantled and declared illegitimate all the procedural points by which Hellmann-Zanetti had come to verdicts of acquittals on the charge of murder. This shows how the appeal judgment was obtained only thanks to a dreadful series of procedure errors. 
 
Unfortunately, actually not all errors in the Hellmann-Zanetti rationale could fall under the radar of the supreme court.  The appeal court didn’t make only legitimacy errors, they also committed obvious mistakes in the merit of evidence assessment (and, not even all legitimacy issues were actually brought to the attention of the Supreme Court of Cassazione). 

Examples of mistakes in the merits by Hellmann-Zanetti:  they attributed the bathmat footprint on two unproven assumptions:

(1) The first was that the person who left it must have got his foot wet with blood by walking on a hard, flat surface smeared with blood; an obviously unfounded assumption, actually proven false since there was no hard flat surface covered in blood where anyone had walked (blood got on the murderers feet from soaked towels).

(2) The second ““ idiotic ““ “˜reason’ was the observation that Sollecito’s toe in the sample print looked more triangular (!) than the bathmat print’s (it is actually obvious that any object would leave a print with slightly more rounded shape on the bathmat compared to the sample paper, since the bathmat is a soft surface). 

Another one was the claim that the pattern of footprints in luminol could be found in any apartment and be produced in any innocent situation (in a non-blood substance) but somehow they “˜forgot’ to mention what kind of likely substance that could be, and what plausible dynamic - except shuffling on rags or mat ““ could have produced them. 

Flaws in the rationale and procedure are surreal, like maintaining that Knox’s written memoir is not evidence that she lied because its content is false. Or appointing experts to test DNA samples, then refusing to test the sample despite it’s being more than 120 picograms.

Even kids could spot the obvious logical errors on evidence assessment in the Hellmann-Zanetti rationale. 

The refrain of factual errors and legitimacy/procedure violations is so serious that I can hardly believe any Magistrate of the Republic can make such errors in good faith. 

Despite the sophisticated and formal language,  as you may have understood from this summary, the Cassazione arguments are actually very simple. In fact the errors were very clear and obvious from the beginning - to quote PMF poster Popper “even a child would notice them immediately”  - that in fact the Supreme Court looks like pointing the finger at a naked emperor.
 
The present Cassazione ruling does not leave any realistic hope for Knox and Sollecito to be acquitted on appeal. They have a right to appeal under Italian law. Though their appeal, when carried on within the rules and principles of law, looks ““ like most appeals ““ basically desperate.

Their actual chances of being acquitted by a Florentine court look essentially zero, because the court won’t be allowed to employ the key arguments and the path of reasoning followed by Hellmann-Zanetti to come to an acquittal verdict; all these logical tools are illegitimate, and hardly any judge could fix them,  nor come to a “˜not guilty’ verdict by following other logical ways. 
 
The only positive legal outcome in realistic terms for Knox and Sollecito now consists in seeking leniency or lesser charges based on claiming minor roles, maybe even by attempting to accuse each other.

Either that or testifying to the truth, seeking mitigating factors like psychological state and age, or showing remorse.

Friday, June 21, 2013

Have The Legal Fees Of “Shameless Sollecito” Just Undergone An Astronomic Jump?

Posted by Peter Quennell

Back at trial in 2009 the defense lawyers had a fairly miserable time.

Strong prosecution case hard to dent, over-talkative client on the stand, weak defense rebuttals, and in the summations they were severely outclassed. And then of course they lost. They seemed sometimes bored, sometimes skeptical of their clients, and on several occasions one or two didnt even show up in court.

At the annulled appeal, things went a little better, after they got the judge they really wanted.

But there were embarrassing episodes in 2011, like the witness Aviello claiming that Giulia Bongiorno offered him and others some nice perks if they talked.

The Sollecito and Knox books dont paint the defense teams in an especially ethical light, though they are stated to have helped write the texts. They really should have scrutinised every word, but the mistakes in the book are so “barking mad” that we wonder if Ted Simon or Robert Barnett ever gave them the opportunity.

All four main lawyers have been named as “persons with significant information” in the contempt-of-court allegations being investigated. They will all be interrogated, may have to testify, and could find their law licenses on the line.

Those books will make their tasks at the Florence appeal way harder.  There is much new ‘splaining to do.

Now the KnoxMellases say there will be a huge new financial burden on them, despite rumors of a huge blood-money book advance. Today Sollecito has his paw out for money online (see image below) though he was said to have received a big blood-money book advance as well. (Both books have sold miserably.)

It looks like the lawyers might have put in for a really big raise to stay on the case. The UK Mirror reports..

Shameless Raffaele Sollecito, the man accused of Meredith Kercher’s murder, has sparked fury after asking the public for a staggering $500,000 despite already cashing in on the British student’s death.

Just hours after the Mirror pictured the Italian student back in the arms of his former lover Amanda Knox, the 29-year-old set up an appeal to help cover his legal fees for the pair’s retrial.

Under the heading “Raffaele Sollecito ReTrial in Florence” he listed his page under the topic of “accidents & emergencies”.

His appeal comes just months after Sollecito is understood to have been paid a six-figure sum for his book “Honor Bound: My Journey to Hell and Back with Amanda Knox” about Meredith’s murder….

Sollecito’s countrymen were outraged after discovering his plea with many taking to his gofundme.com website page to express their disgust.

One Italian using the name Francesco said: “If there was a collection for you to end up in jail I would definitely be happy to participate.”

They added: “But today we see murderers sell their stories and make a pile of money. I’m sure Amanda has done.”

Another called Andrea Giani wrote: “I think you are guilty . . . are you not ashamed to ask for money from lawyers. I despise you very much,” while Marco Bolognesi added: “I’d really pay to see you in jail”....

Click on the image below for a larger version of Sollecito’s new (possibly illegal) blood-money attempt. The court or the taxman could remove much or all of what he gets.

Saturday, June 08, 2013

Questions For Sollecito: Can You Realistically Account For The Bathroom Mat Evidence?

Posted by Our Main Posters

1. Your Attempted Bath Mat Hoax

Let us start this series of questions to you with the bloody bathmat footprint

Specifically how you characterized it at different points in your book as part of your attempted proof that Guede acting alone did the crime.

Here is the full extent of your hoax “proving” that that print was actually from Rudy Guede’s foot.

(a) [Page X11] The intruder was quickly identified as Rudy Guede, an African immigrant living in Perugia with a history of break-ins and petty crimes. His DNA was found all over Meredith’s room, and footprints made in her blood were found to match his shoes.  Everything at the crime scene pointed to a lone assailant, and a single weapon.  Guede repeatedly broke into houses by throwing a rock through a window, as happened here

(b) [page 23] Amanda went ahead with her shower, only to notice a small bloodstain on one of the washbasin taps. It looked like menstrual blood. Was Meredith, who shared the bathroom with her, having some sort of problem? It was unlike her to leave things less than immaculate. Maybe she’d run out to a pharmacy. Then again, it was just one small stain; perhaps she missed it.

(c) [Page 79]  When my defense team examined the official paperwork, they noticed that the analysis of the footprints"including extensive inquiry into the length and shape of the foot likely to have produced them"had been conducted by two members of the Polizia Scientifica in Rome, working not in their official capacity but as private consultants charging thousands of euros to Mignini’s office. One of the analysts, Lorenzo Rinaldi, was a physicist, not a specialist in anatomy, and the other, Pietro Boemia, was a fingerprint technician with no further scientific credentials. That begged the question: if Mignini’s office felt it needed to contract the job out to private consultants, why wouldn’t it go to people with more pertinent qualifications? The whole thing stank.

(d) [page 192]  We didn’t bother to ask for a review of the footprint analysis by Rinaldi and Boemia because we had demonstrated some elementary measuring errors and felt confident that would suffice.

2. Our Analyses Of The Bath Mat Print

(1) Our main poster the Machine

The Machine described at the time how the prosecution and their witnesses did a terrific job on this evidence at trial in May 2009, and how your defense had virtually no comeback at all.

Two bloody footprints were attributed to Raffaele Sollecito. One of them was revealed by luminol in the hallway, and the other one was easily visible to the naked eye on the blue bathmat in Meredith’s and Knox’s shared bathroom.

Lorenzo Rinaldi excluded the possibility that the bloody footprint on the blue bathmat was the right size or shape to belong to Knox or Guede instead of Sollecito: “You can see clearly that this bloody footprint on the rug does not belong to Mr. Guede, but you can see that it is compatible with Sollecito.”

Andrea Vogt’s report for the Seattle Post-Intelligencer shows just how meticulous and painstakingly detailed the analysis of the bloody footprints was:

“All the elements are compatible with Mr. Sollecito’s foot,” Rinaldi said, pointing with a red laser to a millimeter-by-millimeter analysis of Sollecito’s footprint projected onto a big-screen in the courtroom. He used similar methods to exclude that the footprint on the bath mat could possibly be Guede’s or Knox’s.

“Those bare footprints cannot be mine,” said Sollecito in a spontaneous statement”¦. But the next witness, another print expert, again confirmed Rinaldi’s testimony, that the print, which only shows the top half of the foot, matches the precise characteristics of Sollecito’s foot”¦.

Rinaldi’s detailed Powerpoint described methods of image analysis, metric and grid measurement of the ball, toe, heel and arch, as well the particular characteristics of the footprints and shoeprints as well as the actual shoes and feet of Knox, Sollecito and Guede. The three suspects gave their footprints and fingerprints at police headquarters.”

Another print expert also testified that the bloody footprint on the blue bathmat matched the precise characteristics of Sollecito’s foot.

Amanda Knox’s lawyer, Luciano Ghirga, asked Dr. Stefanoni to confirm that other substances like bleach or fruit juice can also react to luminol.

Dr. Stefanoni acknowledged that they do, but pointed out that biologists who work regularly on crime scenes distinguish easily between the bright blue glow of a blood trace and the much fainter glow from other reactive substances.

(2) Our main poster Kermit

Kermit in effect recreated a version of the Powerpoints which Dr Rinaldi walked the court through, in these Powerpoints here.

You will see they are detailed and very precise, and it is your footprint and not Guede’s footprint which remorselessly emerges on the bathroom mat.

After viewing the damning nature of those slides, read at the end what Kermit concludes: You WERE present at the scene of the crime. You might not have had murderous intent, or wielded the fatal blow, but you and your bare foot were there. 

(3) Our main poster SomeAlibi

SomeAlibi, a trial lawyer, recently warned here that even ONE piece of evidence if firm and inexplicable enough could be enough for a jury to decide to put you away.

There are at least four pieces of evidence that tie you to the scene of the crime: those two footprints, your still-unexplained DNA on Meredith’s bra, and sworn eye-witness testimony of Rudy Guede that he saw you there.

That is in addition to dozens of other evidence points which include cellphone evidence, computer evidence, myriad alibis, an admission that you lied, and another eyewitness account.

SomeAlibi then goes even beyond Kermit in his analysis to show how definitive the identification of YOUR footprint was. See his chart here which leaves zero room for any doubt. He comments on it as follows:

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

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

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

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

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

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

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

(4) Our main poster Sara

posted on our Sollecito Book page that you made a false claim in your point (b) above about the obviousness of the bathroom blood stains.

Raffaele tries to underplay the presence of blood in the bathroom by claiming that the print on the bathmat was hardly visible or distinguishable as blood.  Even in his interview with Katie Couric he claimed that it was not obvious that the stain on the bathmat was blood.

The problem? Amanda in her email during the initial days of the investigation says “it was after i stepped out of the shower and onto the mat that i noticed the blood in the bathroom.it was on the mat i was using to dry my feet”

When Knox herself admits that she knew it was blood on the bathmat, why is Sollecito claiming otherwise?

(5) Our main poster Vivianna

Vivianna posted this correction on our Sollecito Book page in response to your claim (c) that the government experts were hired guns - and the wrong ones.

The reality, according to Judge Massei, is quite different. [the experts were:]

1. Dr Lorenzo Rinaldi (Engineer, Principal Technical Director of the State Police, director of the three sections which compose the Identity Division of the ERT - Esperti Ricerca Tracce)

2. Chief Inspector Pietro Boemia of the ERT in Rome

And their tasks involved analyzing both shoeprints and footprints

Sollecito forgets to mention that their first consultancy report, with regard to a footprint left by a Nike shoe, was actually favorable to him.  Unlike a previous analysis which had attributed the shoeprint to him, this team of experts correctly attributed it to Guede. 

However, since the second consultancy task resulted in an identification of a footprint with Sollecito’s, the experts are clearly “out to get him” like everyone else involved in the investigation. It doesn’t seem to occur to Sollecito that if that had been the case, they wouldn’t have bothered to correct the previous consultant’s work on the shoeprints.

(6) Your Own Lawyers At Trial & Appeal

That Rudy Guede had attacked Meredith alone needs proof your own defense lawyers miserably failed to provide at trial, and did the opposite of at the annulled appeal.

At the annulled appeal they put the erratic jailbirds Alessi and Aviello on the stand, in a desperate attempt to explain who were the THREE perps that the crime scene recreation and autopsy had decisively demonstrated attacked Meredith.

3. Your Claims in Part 1: False In All Rspects

Guede was NOT quickly identified, precisely because Knox fingered Patrick only. Knox if anything diverted attention AWAY from Guede as he did in turn from her.

Guede had zero proven history of break-ins and petty crimes, and Judge Micheli became angry at such unfounded claims. Guede had no prior criminal record at all. He had only been back in Perugia for a few weeks after an extended stay up north.

His DNA was not found “all over” Meredith’s room. A major surprise in fact was how few traces of him were found.  The recreation of the crime scene and the autopsy both pointed AWAY FROM a lone assailant, not toward.

From Meredith’s wounds, it was evident that two and perhaps three knives had been used, and not a single weapon. What lone intruder carries or uses two or three knives?

Guede’s shoeprints in blood exit Meredith’s room and lead straight to the front door. There is no evidence at all that he removed his shoe, for whatever reason, and somehow left only ONE footprint several yards from Meredith’s room. .

And all this together with the footprints in blood outside the door matching the feet of both yourself and Knox is why the Supreme Court confirmed Guede’s guilt only “in concorso” (with others).

Saturday, May 18, 2013

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

Posted by Our Main Posters

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

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

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

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

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

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

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

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

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

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

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

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

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

What are you referring to?

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

What were you feeling at that moment?

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

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

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

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

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

And?

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

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

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

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

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

When and why did you break up with Raffaele?

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

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

Back in Seattle, James Terrano became your boyfriend.

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

Do you live with James?

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

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

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

What will you do now?

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

But everyone says the advance on the book was fantastic.

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

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

Is there anything you regret?

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

Maybe the new trial will draw out the truth

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

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

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

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

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

Monday, April 08, 2013

Experienced Trial Lawyer: There’s Far More Evidence Than UK/US Courts Need For Guilt

Posted by SomeAlibi

The false claim “there is no evidence”

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

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

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

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

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

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

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

A definitive evidence point

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusions that must follow

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

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

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

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

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

Wednesday, April 03, 2013

The Real Catastrophe For The Defenses That Was The Chieffi Supreme Court Ruling

Posted by Machiavelli

1. Overview

On Tuesday March 26, nine judges of the Rome Supreme Court of Cassation led by the respected Dr Chieffi quashed the previous acquittals of Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher.

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

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

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

2. First reactions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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






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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Resources used

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

 

Tuesday, April 02, 2013

A Growing Number Of Commentators Are Objecting To Overexposure Of The Two Still Accused

Posted by Peter Quennell

We have a series of posts coming up that will describe in detail and analyze the outcome of the Supreme Court.

At least one post will be a roundup of the media. Noticeable this time was less of a tendency to lionize Knox and Sollecito. Some articles and TV reports flipped for Knox, but none did for Sollecito.

And some editors and reporters have weighed in strongly for better balance. David Barrett of the Daily Telegraph wrote this one.

The impending retrial for the murder of British student Meredith Kercher fills many court-watchers with dread, myself included.

Details of the crime are horrific enough. But during the lengthy court processes which we have already witnessed, my discomfort was intensified by the obsession with Amanda Knox.

The photogenic young American, now 25, was convicted and then acquitted of the 2007 murder. She received more sympathy than most suspects who have ever stood in the dock on such a serious charge.

The media pack which followed the Italian trial would often comment on Knox’s apparent frailty; the “stress” she was suffering or whether she looked “pale”. It made me gag.

It’s a difficulty with which any professional and humane court reporter is familiar: how do you keep the victim, who is absent, visible in the very human drama that is a murder trial?

Is it appropriate to pay more attention to the suspect than to the issue at hand; namely, securing justice on behalf of a person whose life has been taken from them? I say it is not, although I can understand why it happens….

When the Italian prosecutors again attempt to secure a conviction for that tragic murder in Perugia we will have to get used to seeing Knox’s face on a daily basis once more. But let’s ensure that Meredith remains at forefront of all our minds.

.

Monday, February 18, 2013

Raffaele Sollecito Now Under Formal Investigation For New Crimes Apparently Unprecedented

Posted by Our Main Posters

Breaking news. The Chief Prosecutor for Tuscany Dr Quattrocchi (above and below) has taken this investigation of Sollecito behind the scenes. Dr Quattrocchi is actually under no compulsion to make any of the Perugia and Rome complaints public before his investigation is complete. He has ordered all documents removed from the public domain. This is specifically to give the defense and their PR no advantage, and to make sure those others in Perugia who are going to complain about being defamed do so without harm.

Overview

This is a contempt of court case as court officials have been impugned. This is Wikipedia’s definition of “contempt of court” under US and UK common law.

Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court’s authority.

Often referred to simply as “contempt,” such as a person “held in contempt,” it is the judge’s strongest power to impose sanctions for acts which disrupt the court’s normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.

A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.

We may now find out much more about the equivalent under Italian law.

When Raffaele Sollecito and Amanda Knox were released at the end of 2011, the prosecution filed a Supreme Court appeal within the allotted period. This automatically meant that Sollecito and Knox still stood accused of crimes until the Supreme Court finally signs off.

Typically Italian defendants in such a legal status get good legal advice, on the lines of “Shut up and keep your heads down. We need to be the only ones doing the talking here.” 

Here such advice may or may not have been forthcoming, but the public record strongly suggests it was not. In fact Sollecios entire legal team is credited by both himelf and his shadow writer Andrew Gumbel with helping. This is what Gumbel wrote in his Acknowledgments:

Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.

In the same Acknowledgments Sollecito credits the following.

I was lucky to have a crack legal team who showed their devotion to the truth and, in some cases, did not even request payment. The team of lawyers and consultants included Adriano Tagliabracci, Francesco Vinci, Bruno Pellero, Francesco Introna, Giulia Bongiorno, Maurizio Parisi, Daniela Rocchi, Luca Maori, Donatella Donati, Marco Brusco, Aldo Poggioni, Delfo Berretti, Tiziano Tedeschi, and Antonio D’Ambrosio.

Interestingly, Luca Maori has already left Sollecio’s legal team, and all eyes are now on Giulia Bongiorno. Buy plenty of popcorn. Lawsuits could fly between lawyers and family. 

Since the end of 2011 Curt Knox’s forces seem to have have gone full steam ahead with their own vilifications of the Italian prosecutors, police, judges, and witnesses - in fact almost anyone who had any role in 2009 in finding them guilty, or came to believe that was a fair finding. Ourselves included.

In late 2012 Curt Knox apparently invited all the most fervent of these attackers to Seattle, including Frank Sforza and Bruce Fischer, as some sort of reward for their legally very ill-advised campaign. Buy plenty more popcorn. Lawsuits could fly here as well. 

Raffele Sollecito’s forces in Italy had been a lot more restrained.

But at a stroke, the shrillness of Raffaele Sollecito leapfrogged that of Amanda Knox’s forces, with the publication of his book Honor Bound by Simon and Schuster in English in the UK and US last September,

INSTANTLY the book became notorious in Italy, because excerpts were read out by an Italian reporter in New York on the national television show Porta a Porta. Raffele Sollecito’s father Francesco was on that show, and he was increasingly forced to admit a key claim in the book was invented. It simply never happened. His son made it up.

The false claim by his son that Francesco was made to repudiate - it reappears over many pages - concerned a claimed deal engineered by his family and offered by the prosecution to Sollecito.

The deal he claimed was to roll over on Amanda Knox, and if Sollecito did so, he would be home free.

Following the Porta a Porta show, the book (obtainable on UK Amazon, where many false claims are repeated in the reviews) began to make its rounds in Italy. It took some time before many official parties accused of crimes by Sollecito obtained copies and started to explore their own legal possibilities. They are apparently still far from finished.

At the end of last week, the Chief Prosecutor for Tuscany Giuseppe Quattrocchi received the first official request from Perugia, which is to investigate 12 very serious claims in the book against the prosecution and the legal institutions of Italy. The complaint nominates a number of witnesses.

The Prosecution office of Florence now has a maximum of six months to investigate whether there is a case against Sollecito and other named parties. If so, they will steer it through the hoops of the Italian process.

The potential ripple effects of this appear to us to stretch on and on. They could come to engulf both legal teams (credited in the book with helping) and all of the PR for both defendants. Sollecito’s publisher and shadow writer are specifically named in the complaint

If Amanda Knox is not let off the hook by the Italian Supreme Court late in March (the outcome we consider most likely, given the great strength of the appeal) the smart way for Knox to go in light of this could be to junk all her websites, her book, and her interviews, and throw her supporters under the bus. Plus maybe get smarter lawyers - the aggressive and inexperienced Dalla Vedova does her no favors.

Keeping Amanda Knox’s head out of this deadly new line of fire may be very late - but maybe better late than never.