Category: The defenses

Saturday, January 12, 2013

How Much To Place Blame On Guede? IMMENSE Headache For RS & AK Teams

Posted by Cardiol MD

[Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]

Zero To 100% Guede Was Claimed Sole Attacker

On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?

Well, it certainly varies. In trial court and first-appeal court it was never ever 100%.

Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.

In fact among the defendants and their teams only ONCE was Guede ever blamed 100%. 

Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one, which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.

Our next post will look at the categoric claims against Guede by whoever wrote that book. Meanwhile, here and now, let’s start at the beginning.

Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0% . Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.

In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point.  After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.

At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.

In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene.  In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito. 

Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.

Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow. 

During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.

We can assume that is either 33% or 50% but never more than that.

On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.

The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).

In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:

• The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
• But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.

I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.

Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.

We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”

I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it.  Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.

It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.

I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.

I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review.  We should know in March 2013 if they regret it at all, let alone “˜bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.

We were less impressed with how Judge Zanetti started the appeal hearings.

To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is “˜certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.

Unless the word “˜thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case. 

For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.

Guede, himself, had certainly already made a documented reference to Meredith’s scream.

It was also certain that Guede had made documented references to his actual presence when Meredith screamed.

Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the “˜reliability’ of those facts, e.g. “˜it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?

The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:

• That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, “¦.so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
• That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
• That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
• That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “”¦ the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19,  2007,  also listened to by the Police,  can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
• And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “.....he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”

So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:

• Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
• In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.

We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.

Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:

The Hellmann/Zanetti court, “has”¦ made “¦. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.

In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him [59] to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .

The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times”› (pp 88 of the call [transcript]).

If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times”›?

Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.

And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it “šin favour of the two accused”› both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe”› and thus could well have been able to tell the whole truth (p 40 of the judgment).

Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.

[91] Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.

In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house ““ who must have been one of the flatmates, thus Amanda (p 11 of the call), ““ while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).

And also, on the subject of the break-in in Romanelli’s room ““ thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) ““ can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).

If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies [92] having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”

None of this changes my own beliefs that there are even many more things in evidence that are “˜beyond any reasonable doubt’.  For example:

• It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
• It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
• It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.

In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it. 

Verrrry tough situation for defense counsel to be in.

Thursday, December 20, 2012

Have The Raffaele Sollecito Defense Team Of Bongiorno And Maori Now Gone AWOL?

Posted by Peter Quennell

No word from the Sollecito or Knox defense teams since Sollecito’s book kneecapped them, along with Amanda Knox and Sollecito’s own dad.

The lawyers are nicely credited (see below) in the book as eager helpers. They must just love that. Whoever feels that Sollecito defamed them may be able to require that those credited by Gumbel & Sollecito be cross-examined.

We do look forward to the possibility of seeing Giulia Bongiorno and Luca Maori (images above) sweat it out. Along of course with the “boundlessly generous” Steve and Michele Moore, and all those super-diligent publishers.

And of course Sollecito’s own father and sister, who were dedicated to “getting every detail just right”.

Of course the Sollecito book then turned around and whacked them. Maybe that is why Sollecito’s dad already admitted on national TV that his son’s claim that a prosecutor broke the law was simply made up. Not easy, being Pappa Sollecito.

Acknowledgments from page 266 of Sollecito’s book:

Andrew Gumbel would like to thank Dana Newman, who made a crucial introduction at the start of this project, the indefatigable Sharlene Martin, the ever gracious Gail Ross, the boundlessly generous Steve and Michelle Moore, my favorite pugliese Anna D’Elia, Peter Popham, Robert Adams, and of course the rocking, super-talented team at Simon & Schuster/Gallery who were never less than a pleasure and kept me sane against a tight deadline. Thank you, Jen Bergstrom, for believing in this book from the get-go, thank you Lisa Rivlin and Alex Lewis, and thank you, Trish Boczkowski, for your brilliant editing and infectiously good company. That’s amore!

This was a group effort all around. The Sollecito family, not just Raffaele, opened up their lives and their souls with remarkable candor. Thank you, in particular, to Francesco and Vanessa for days of fascinating conversation, for your dedication to getting every detail just right, for compiling exhaustive time lines, and making sure that material reached me promptly. 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.

Saturday, December 01, 2012

Knox Defense Utters A Rather Hypocritical Whine About Lifetime TV Movie Airing In Italy Monday

Posted by Peter Quennell

Breaking news from Italy on the “legal threat” to the Lifetime movie airing tonight. Mediaset is the Italian agent for Lifetime here. From the Mediaset website our main poster Jools translated this: 

**************

MEDIASET: NO FORMAL NOTICE OR PETITIONS

“Mediaset has not received neither formal notice or petitions” from the lawyers of Amada Knox on the airing of the film of the same name. The company in Cologno Monzese [Milan] explains: “Mediaset has only received a letter with an invitation from the lawyers requesting to transmit the film in accordance with the requirements of the law. Which is something Mediaset does with every program that goes on air”.

**************

Good grief. Are the Knox-Mellases paying good legal fees for this wimpish note?! Or is their PR/media effort as so often blowing smoke to hide the hard truth that they have yet again over-reached?

Sympathy for Amanda Knox seems in total meltdown these days.

Unlikely to turn around soon. The very ugly campaign run by Curt Knox’s hatchet men and the hyper-aggressive book we’re apparently promised next April seem to demonstrate a disastrous tin ear.

Knox has had almost a full year to do the patently obvious: get out in front of some TV cameras, and explain once and for all to everybody interested in truth and justice what really happened between her and Meredith in the house. She has had several years to answer the hundreds of open questions reflected on this site which she still ignores.

Kindly translated by our main poster Jools, this is the flailing Knox defense lawyers’ complaint about the airing on Italian TV of the Lifetime movie this next Monday.

Perugia- A formal legal notice not to air on Monday the film based on the murder of Meredith Kercher was sent to Mediaset [Lifetime] by Amanda Knox’s lawyers Carlo Dalla Vedova and Luciano Ghirga. The Seattle young woman’s name and surname forms part of the title of the fiction scheduled for evening prime time on Channel 5 on Monday December 3.

“There is an ongoing process” said Ghirga “and therefore we believe it is inappropriate to be aired”. “I do not like the film” meanwhile Knox said from the USA to her lawyer. In the United States in fact “Amanda Knox Murder on Trial in Italy” was aired often around a year ago, and the Seattle student has already seen it. “She asks us” said her lawyer Ghirga “to do what we can so it is not aired in Italy”. And furthermore, concludes the lawyer ironically “I don’t like the actor who plays me”.

Knox was convicted in the first instance with her former boyfriend Raffaele Sollecito for the Kercher murder, but they were both later acquitted on appeal and are now awaiting the decision in March 2013 from the Supreme Court on the appeal brought by the Prosecutor General of Perugia and the Kercher family.

Our Italian lawyers note that the EXACT SAME ARGUMENTS could be applied to the manipulative, innaccurate piece of fiction Honor Bound put out a few weeks ago by Raffaele Sollecito.

As that book parrots many of the spurious, puerile claims made by Curt Knox’s hatchet men, they seem to have had a major hand in it. But the Sollecito and Knox lawyers have issued NO complaint about that book - even though Sollecito’s own father admitted it is defamatory of the prosecution.

If there is a real difference between the legal implications of the Lifetime movie and the Sollecito book, we’d like to know what it is. Lifetime lawyers, please take note.

Saturday, October 20, 2012

Exploding Nightmare For Lawyers Of The Defense: Torrent of “Mistakes” In Sollecito’s Hapless Book

Posted by Sara

More and more and more wrong facts and libels are being turned up in Sollecito’s pathetic book, both by us here and by an irritated officialdom in Rome and Perugia.

Amanda Knox is rumored to perhaps be mentally unstable and figuratively locked in the attic in Seattle. Now Sollecito seems to have been disappeared back in Italy for his own good as well.

Sollecito’s own lawyers (who have in the past threatened to walk) and his own family have already thrown him to the wolves on Italian TV over just one highly libelous claim and there are an estimated two dozen more still to surface.

Not really a good idea to write a shrill “I’m the real victim here” book unchaperoned, when you have the smug mentality of a 12-year-old. The facts strongly against you. A very bright prosecutor. And a ghost writer whose slobbering over a laughably fictional Sollecito suggests he has a something of a boy-crush.

Raffaele Sollecito has made many stupid claims in his book, but perhaps none is so obvious and more idiotic than his claims about the “lost” emails.

What is it with this guy and the emails? He seems to think (or perhaps, thinks that the readers are stupid enough to believe) that if a computer or a hard drive is destroyed, all the emails in it are lost as well. Come on already, surely they taught him the mechanisms of email in his computer classes.

Look at his statements regarding emails. In chapter 2 (Love and Death) of his book, he describes the morning after the murder -

I’d been up several times in the night””listening to music, answering e-mail, making love””and wanted only to go back to sleep

Right, so he got up many times in the night to answer e-mails. You’d think that this would be his biggest alibi for the night of the murder, right? No, wrong. Raffaele could not prove his alibi because, in his own words -

I did not yet know that the Polizia Postale””supposedly experts in handling technology issues””had seized two of my computers along with Amanda’s and Meredith’s and somehow wrecked three of the four hard disks while trying to decipher them. The bottom line was that the damaged disks were now deemed unreadable. That left just my MacBook Pro to provide an alibi for the night of the murder.

But modern emails DON"T EVEN RESIDE on local hard drives unless one DELIBERATELY downloads them. And even if one does (and hardly anyone ever does) there rarely is reason to completely delete the original, and here there seems about zero reason to do that.

And even if the original IS deleted Facebook and email services have shown under legal pressure that they maintain complete backups going back many months. No way Sollecito’s supposed emails on the night could have been made to simply no longer exist.

Again, when he talks about Amanda and Meredith’s friendship, he says -

If either Meredith’s or Amanda’s computer had survived the police examination, there might have been photographs, emails, and other evidence to point to a more meaningful interaction

Here we go with the elusive emails again. Will someone explain the point of email to this guy? What difference would the local computers surviving or not surviving make to any emails residing on his host’s servers?

He actually has the nerve to criticize the Polizia Postale’s technical competence after making a statement to the effect that he and Amanda could not retrieve their emails as the hard disks were damaged.

Whether the hard disks were destroyed or not, whether it was the Polizia Postale’s fault or not is hardly important here. Admittedly, Amanda is not a “technical genius” (After all, she does not know how to delete messages from her sent items).

But what is stopping this resident technical genius from simply accessing his email box from some other computer or iphone, and printing out a copy from his sent items? Why doesn’t he ask even one of the happy recipients of his emails - by the way, who were they? - to forward it back to him?

Did all of them delete his mails from their in boxes and trash too? Even if we defy all logic and accept that they did, what’s stopping at least one of them from coming forward and testifying that they received a mail from him that night? Did all of them get selective amnesia at the same time too?

Similarly, if any emails that proved the “close friendship” between Amanda and Meredith existed wouldn’t they still be retrievable from Amanda’s mailbox? She could have printed a copy any time. Did she go around deleting all of Meredith’s mails the minute they arrived as well as her own replies to them, and clearing her trash box and all her host’s backups as well, just to be doubly sure they can’t be retrieved?.

Ok, let’s say the emails were deleted. What about the photographs? If there had been any photographs that would establish their “close” friendship, wouldn’t they be there on the camera or phone from which they were taken? Or wouldn’t either Meredith or Amanda have sent them to someone or posted them on their Facebook?

How did EVERYTHING vanish without a trace? If neither of them ever sent the photos to anyone or posted them online anywhere, or even kept them on file, you really have to wonder what was the point of taking them at all.

No one is claiming that Amanda and Meredith were at loggerheads all the time, they might even have gotten along initially. Meredith was not a person who judged people harshly. By all accounts, she did try her best to get along with Amanda, trying to include her in outings and defending her when she got into trouble.

It was Amanda who pulled away saying she wanted to socialize only with Italians. But the fact is that there were clashes and there were differences between them.  Trying to make out that they were the best of friends by claiming the destruction of non-existent proofs is not only unbelievable but also utterly stupid.

Like our main poster Hopeful summarized it: this claimed computer genius has never in four years been able to prove he sent an email? Ridiculous.

Thursday, March 29, 2012

Why Didn’t Giulia Bongiorno Fight A Lot Harder - For Meredith Kercher, The Real Victim Here?

Posted by Peter Quennell

1. Bongiono as proponent for female victims

Sollecito lead lawyer and parliamentarian Giulia Bongiorno is persistently prominent in the Italian news.

Here she is captured by paparrazi while walking her baby son Ian around Rome.  She is also in the news a lot for her political activities as a former senior member of the party of Silvio Berlusconi and possible future mayor of Palermo Sicily.

And she is fighting hard in court and the media for the interests of the passengers who were on the wrecked cruise ship Costa Concordia, and for the families whose loved ones died. 

She also runs a group called Double Defense with Italian-speaking Swiss supermodel Michelle Hunziker (images of both above). Michelle just got engaged to the Italian fashion heir Tomaso Trussardi so she also is a lot in the news. 

To raise funds for Double Defense they just co-hosted a glittering gala event in Milan. Many of Italy’s richest and most famous attended. Lots of money was raised.

So what is Double Defense?

Giulia Bongiorno and Michelle Hunziker founded Double Defense specifically to tilt the law and the courts more toward women who are the victims of violent crime. As Barbie Nadeau reports, that is much needed in Italy right now.

This description of Double Defense is from the Italian website Beautiful World.

Double Defense aims to help women who have suffered and are suffering domestic violence, physical or psychological, through assistance in the interpretation of the rules and regulations in force.

In addition to that the non-profit organization, born from a chance encounter between the Swiss showgirl and Bongiorno the lawyer, wants to raise awareness of this terrible phenomenon, promote a culture of nonviolence, and prevent passive acceptance and silence from being the only refuge of those who suffer such terrible and barbaric mistreatment.

There are many names known and loved who have decided to put their fame at the service of Double Defense. Anna Tatangelo, Federica Pellegrini, Francesco Totti, Nek, Ilary Blasi and Silvia Toffanin are some of the celebrities who support the non-profit organization which was created by the duo of Hunziker and Bongiorno. .

The Foundation has a new partnership with the Italian brand Pandorine. Co-promotion will include a new marathon and relay race in Piazza Castello, and a special type of bag that is symbolically called Women: completely white, perfect for summer, and bearing a meaningful and touching inscription…

2. Female victim here be damned

We wonder. Did it never occur to Giulia Bongiorno that one of the most prominent women victims in many years was in fact Meredith Kercher? A victim of a cruel and gratuitous murder? Seemingly the MOST deserving victim for Bongiorno to wage a fight for?

Maybe the answer was yes - back at trial in 2009.

Sollecito’s father seemed to have wanted to retain Ms Bongiorno because of her political clout, from wiretap mentions made public which seem to show zero belief in Sollecito’s innocence. Ms Bongiorno often seemed disinterested at trial, and even disappeared or failed to show once or twice.

She seemed from photos in court to have poor chemistry with Raffaele Sollecito, and we heard that both she and Luciano Ghirga were so disbelieving in the innocence of their clients and so irritated at the PR that they might walk and leave Knox and Sollecito to find new defense counsel. 

But in 2011 we saw something entirely different.

During the first appeal under Judge Hellman, Ms Bongiorno seemed to have other things on her mind than the truth of her client’s guilt or innocence, or the fact that the victim in this case, was a super-achieving woman. Meredith’s family being in another country, with few resources of their own, helped to enable an arrogant callousness.

She presumably could have used a win right about then against the justice system of Italy, in support of the beleagured PM Berlusconi, and she may have had (and still have) on her mind that run for the office of mayor in Palermo, Sicily.

Who knows what else might have been on her mind? But in 2011 she certainly mounted a scorched-earth, take-no-prisoners defense of Raffaele Sollecito, and the female victim Meredith be damned..

Bongiorno introduced the bizarre witnesses Alessi and Aviello to discredit Rudy Guede, and one of them (Aviello) openly claimed that he had committed perjury because bribes were being offered in his prison in exchange for testimony helpful to Sollecito. (That is still being investigated.)

Ms Bongiorno also went to remarkable lengths, with witness after witness after witness, to discredit Antonio Curatolo, the claimed observer of Knox and Sollecito in the park. Impartial lawyers think that Curatolo did still emerge as having seen something on the correct night, but he was now openly tarred as a heroin dealer, and in his report Judge Hellman displayed suspicion towards all of the witnesses.

Ms Bongiorno’s performances at trial and at appeal were like night and day.

3. Bongiorno as contemptible hypocrite

So two people who Ms Bongiorno may have always disbelieved and had little time and respect for presently walk free. While the precise kind of victim Bongiono now claims to go to bat for is simply shrugged off, with absolutely no sign of her caring.

Obviously not all women victims in her eyes are equal. Winning at all costs no matter the hurt is what she is really about.

Monday, October 03, 2011

Is The Raffaele Sollecito Defense Team About To Separate Him From A Radioactive Amanda Knox?

Posted by Peter Quennell

Sollecito has at least five advantages over Knox in what may be the final day of court tomorrow.

First, the smartest and most influential of all the lawyers in MP Giulia Bongiorno. Second, a relatively attractive family which has run a low-key smiling campaign. Third, relatively little evidence (the bra clasp and footprint) placing him at the scene of the crime and unlike Knox no alibi that says he was there.

Fourth, no obvious motive for either the murder or the cleanup compared to the many possible motives for Amanda Knox. And fifth, a weak wishy-washy personality on which Bongiorno has already played, casting Knox as the lead player in the drama and Sollecito as either accidentally there or not at all.

The mood does seem to be moving against Amanda Knox now as the extreme arrogance of the million dollar campaign sinks in. And if her “spontaneous” remarks to the court tomorrow follow her usual pattern, they will yet again make her look callous and concerned only about herself.

Several reports are out now in Italian harking on these themes. This report by the Associated Press with a possible nudge from the Sollecito team gives a sense of what the Italian reports are saying.

Even in Sollecito’s native Italy, it is Knox who commands the most media attention. Two prominent celebrity and gossip magazines, “Oggi” and “Gente,” put Knox on their covers during the final week of arguments in the appeals trial, and newspapers characterize him as being in the background.

Not even prosecutors have portrayed Sollecito as the main protagonist in the murder of Meredith Kercher on Nov. 1, 2007. According to their version, Sollecito held Kercher from behind while Knox stabbed her and another man tried to sexually assault her. Ivorian immigrant Rudy Guede was convicted in a fast-track trial and saw his sentence cut from 30 years to 16 years on appeal.

Attention during the investigation focused intensely on the two young female roommates as the world and prosecutors searched for a motive. Knox was portrayed as sexually promiscuous and lacking inhibition, while at the same time working hard to support herself and trying to learn Italian; Kercher was depicted as more serious and studious, who had at the end of her life began to chafe at her American roommate’s sloppiness.

The good girl/bad girl dichotomy drove headlines across the globe, while Sollecito “” the mild mannered boyfriend “” was largely overlooked in a supporting role.

It’s a role that his defense lawyer plays up. Sollecito is the son of a wealthy doctor from southern Italy who hired a crack legal team to defend his son. It’s led by Giulia Bongiorno, who defended former Italian Premier Giulio Andreotti on charges of mafia association.

“It’s not by chance that Raffaele arrived in this trial as the boyfriend. Nothing connects Raffaele to the crime,” Bongiorno said in her closing arguments last week. “With a girlfriend, you usually get a family. Raffaele got a murder.”

She said the few pieces of evidence in the “Amanda-centric” trial relate to Knox, not to Sollecito. “Nothing connects him to the crime,” Bongiorno said.

Tuesday, September 27, 2011

Seventeenth Appeal Session: Tough Day Ahead For Raffaele Sollecito’s Lawyers In The Minefield

Posted by Peter Quennell

Today it will be Giulia Bongiorno and Luca Maori for Raffaele Sollecito.  Important considerations to bear in mind:

1) There are still all these open questions assembled by lawyer and main poster SomeAlibi and Sollecito chose not to address them on the stand.

2) The Supreme Court has definitively shut down the argument of a possible lone wolf perpetrator and Guede in court accused Sollecito to his face.

3) Attempts to show that Guede did it with others (Alessi’s testimony) or two or three others did it (Aviello) both descended into farce.

4) A staged attempt by Bongiorno using a staff member to try to scale the wall of the house to Filomena’s window descended into farce.

5) Sollecito referred to Amanda Knox as a liar in his third alibi and in effect implicated her by saying that on the night she was absent for four hours.

6) Solleito has still not explained his phone record or computer record or how his DNA could have got onto Meredith’s bra clasp.

7) Sollecito has still not explained the other physical evidence tying him to the scene: how his bloody footprint ended up on the bathroom mat.

His family faces a trial for releasing an evidence tape to a TV station, and for attempting to subvert justice by involving national politicians. And the family have still not rebutted Aviello’s charge that a bribe was waved at him to testify.

Not a pretty mess, by any means. Good luck, Bongiorno and Maori.

Sixteenth Appeal Session: Lawyers For Patrick Lumumba And Victim’s Family Weigh In

Posted by Peter Quennell

1) Lawyers for Patrick Lumumba

A translation of the Umbria24 TV station report kindly provided by main poaster Tiziano.

MEREDITH, LUMUMBA’S LAWYER: “AMANDA IS DIABOLICAL” PATRICK: “I HAVE RELIVED THOSE DAYS”

“PATRICK IS THE SECOND VICTIM IN THIS CASE”

By Maurizio Troccoli

The civil parties are playing the last cards too in the Mez trial, represented by the lawyers of Meredith Kercher’s family and those of Patrick Lumumba, the young man who ended up in gaol with Amanda and Raffaele, because he was accused of being the author of the murder by the young American.

A few days before the sentence, which should come on Monday, and the reconstructions of what happened that night between the 1st and 2nd November, 2007 in the cottage in via della Pergola in Perugia, go on stage. A bloody murder which has seen the two ex-lovers condemned to 26 years prison for Amanda, and 25 for Rafaele at the first stage [trial}.

Patrick Lumumba was set free after a few days of detention thanks to an “iron clad alibi” which put him in a different place from “the house of horrors”, that is to say in his night spot, together with a Swiss professor, Roman Mero, who witnessed this, thus helping the young man to get back his freedom.

That testimony was sufficient to convince the magistrates - notwithstanding the accusations of Amanda - of his “complete non-involvement in the facts”, which originated in the questioning at the Perugia police headquarters on November 6th, 2007.

Patrick is still waiting for justice to be done, to be compensated for what was taken from him, for payment for the person who was stained by such a serious crime which sees him as “the second victim of this tragedy”, as his defender Claudio Pacelli said this morning. “Patrick has paid a lot, not only for his imprisonment but also for the damage to his image, said Pacelli. “My client ended up in the newspapers and on TV all over the world as the author of the murder of the young Englishwoman.”

“During the appearance of my lawyer - [Patrick] says ““ it is as though I had gone back, reliving that really sad period. We hope that justice is done. Today I relived those moments - the night when the professor came to the pub saying that he wanted to say good-bye because that next day he would be going back to Zurich,” Lumumba said, “However he came to save me, with neither I nor he realising this.”

“Amanda falsely accused an innocent person - lawyer Pacelli affirmed - exclusively to avoid being discovered. A classic scheme. Amanda is a consummate actress, a very intelligent girl, astute and cunning. One who really knows how to inspire the emotions of whoever is listening to her.”

And the fault of what happened to the damage of Patrick resides completely in “the young American, Amanda”, whose profile the lawyer drew in court, defining her “an explosive mixture of drugs, sex and alcohol.”

He added, “Quite the opposite of sweet, she has a split personality, fresh-faced, the daughter everyone would like, Saint Maria Goretti, and then with her histrionic side [she is] an impostor, she is a she-devil, satanic, diabolic, addicted to borderline behaviour.

What Amanda says when she claims that Patrick’s name was suggested to her by the police is a huge lie. She was the one to arbitrarily choose to point to Patrick as the guilty on, in order to distance herself from suspicion,” the lawyer said further.

2) Lawyers for the victim’s family

[translation to follow]

Wednesday, September 07, 2011

Thirteenth Appeal Session:  It Looks Like The Defenses Have A Real Friend in Court - Judge Hellman

Posted by Peter Quennell

1. Context Of Overt Hellman Bias

Do you recall this fraught post?

“Corruption Of Appeal: Angry Top Criminal Judge Chiari Is Blatantly Forced Aside”

Umbria’s highly qualified top criminal judge had been yanked from the case by Umbria’s Chief Judge (and avid mason) De Nunzio, who has seemingly been gotten-to by the Sollecito family or their defense team.

Conjectures in Perugia abound. Maybe money was involved, or mafia ties, or masonic ties. 

In the period since the prosecution seems to be winning every shot at the hard facts. And yet Hellman intermittently seems to show major bias in his pro-defense rulings.

Hellman’s opening remarks back in 2010 favored the defense. So did his defined scope of the appeal, which has been illegally expanded into a mini-trial.

Contrary to appeal law, Hellman has accepted a total of FIVE new defense witnesses! None of whom relate closely to trial substance.

Two clearly biased and competent “independent” DNA experts were appointed to review some of the DNA. But why? The Carabinieri labs are meant for this purpose.

And whereas the defenses have been granted everything they ever wanted, time and again Judge Hellman has ruled against the prosecution.

And it happened again today.

Astoundingly, Hellman ruled that a confession on 27 July under oath by Luciano Aviello in front of Prosecutor Comodi making serious accusations against the Sollecito family and their defense team was not accepted for court follow-up!

Roll on Supreme Court. That is where Umbria Prosecutor General Galati recently transferred from and he has told the prosecution they will prevail for sure at that level.

2. Today In Abbreviated Court Session

There is a strike in Perugia so court could only meet for a half of a day. The Italian reporting today conveys a picture of more of the same tough prosecution rebuttal that we were seeing yesterday.

It emerged that the DNA that was remaining on both the bra clasp AND the knife might have been re-tested if Carla Vecchioti and Stefano Conti had not come up with some contentious quibbles for not proceeding.

The prosecution may now call for those tests to actually be done, by a new set of independent experts. Let us see if Judge Hellman will allow them.

Amanda Knox looked increasingly down today as she absorbed the trend in the testimony, and at one point she slumped on the table seemingly asleep. Serial over-promising by her suffocating entourage hasn’t done her any good.

Mr Mignini believes that at several points Amanda Knox wanted to confess and to pay her dues. Surely better this than a Casey Anthony or OJ Simpson situation with their attendant huge overtones of illegitimacy.

Saturday, June 25, 2011

Giulia Bongiorno’s Next Super-Witness: The Apple Of Her Witness Luciano Aviello’s Eye?

Posted by Peter Quennell

1. Anti-Aviello Testimony

This above is former Italian politician Vladimir Luxuria who, despite appearances, is fully male.

Testifying for the prosecution today, several rather convincing fellow-inmates have now contradicted defense witness Luciano Aviello’s 18 June testimony that his brother and one other had murdered Meredith.

Here is their claim. Defense counsel Dalla Vedova’s and Bongiorno’s “super witness” Luciano Aviello had told his fellow inmates that he wanted a sex change operation so he could end up looking like Luxuria.

This operation was to be paid for with money he claimed Bongiorno was offering for his false testimony to help RS and AK.

Giulia Bongiorno ended up outraged, and threatening lawsuits at this testimony, which she claimed was false (the paying of the money bit).

We are told an investigation will be started which may affect whether Bongiorno can stay on the Sollecito team.

[Added: yes, a month later we were told an investigation was under way.]

2. Bongiorno’s Other Problems

Above, a juror is grinning at Giulia Bongiorno’s frustration while Rudy Guede stonewalls her.

At various points in the trial and appeal she has dropped the ball in spectacularly goofy ways.

Bongiorno disappeared from the trial court late in 2009 for weeks with no explanation. She next appeared with a baby in her arms. 

This morning she was sputtering to Judge Hellman that she only found out today about Rudy Guede’s letter - the letter reproduced in full in in this post which we translated into in English a full year ago.

She tried to have it excluded.

Here is another of Bongiorno’s sundry public disasters. She had claimed that an ex-burglar would climb into Filomena’s bedroom - but he never made it above eye-level with the window-sill.

In fact in three and a half years NO climber has ever made it through that window, though one or two did break in the far more logical way - via the hard-to-see and easy-to-climb rear balcony.

We do look forward to Giulia’s suit against the inmates. She has promised such suits often before.

Perhaps they will all arrive in a bunch?