Collection: Rudy Guede

Sunday, September 04, 2016

How Bob Woffinden And So Many Others Managed To Misstate The Case And Get Away With It

Posted by Peter Quennell



Meredith on a Skype chat session


Do you know this? Most people still dont. It explains a LOT including the numerous innocence frauds.

The attack on Meredith as summarised by Dr Mignini in the Machine’s must-read post below was reconstructed by Italy’s best crime-scene specialists, from Rome Headquarters, and it took an entire Saturday. Every mark in Meredith’s room and on her body were convincingly accounted for.

After the killers left and locked her in, Meredith was still alive, holding both sides of her neck to stop her life-blood leaking out. She might have lived for half an hour, in great pain, during which time an ambulance could easily have arrived and saved her.

But nobody called one. Her death was quite deliberate.

The Massei jury is said to have found all this evidence very powerful and left in NO doubt three had been involved (unanimous verdict) in what was a prolonged and exceptionally barbaric attack.

The Kercher family had asked Judge Massei in January 2009 for a closed trial as the autopsy part in particular would be key but also long and very graphic. Unfortunately it was settled that only the trial days covering the autopsy and the horrific attack would be closed.

This unique call by Judge Massei turned out to be a terrible one. It has caused immense damage to public understanding outside Italy, and to the legitimacy of the case ever since.

The public and the two later appeal juries never got to witness directly all this compelling evidence. In Italy, descriptions leaked out (not illegal) and so Italians following the case could get a good grasp - and the vast majority, perhaps all, were convinced (and still are) that the government team had got it right.

But the Hellmann and Nencini appeal juries and the Marasca/Bruno panel of the Supreme Court never got the full impact. And trial followers in the US and UK and so on had no idea (and even now only a very few have any idea) of what was presented behind those closed doors in 2009 and how it came across (several present were in tears during it) to the trial jury.

This terrible situation has allowed Knox and Sollecito and their teams and media supporters starting with Doug Preston, Candace Dempsey and Frank Sfarzo and ending (for now) with Woffinden to lie incessantly for eight years about Guede as a lone wolf and about the numerous hard facts of the attack and the autopsy.

There would be NO effective PR and NO effective appeals and NO effective innocence fraud otherwise.

Our summaries of the sentencing reports by Judge Micheli for Guede and by Judge Massei for Sollecito & Knox are very good, but even they fall short here. The best way to get all this powerful evidence right is to read the full Micheli report (translated by Catnip) and full Massei report (translated by Skeptical Bystander and team). Both reports are on the case wiki.

“Missing” still from the public record because it was part of the closed trial was what is said to be a very compelling video construction of the attack. This video is also ridiculed and misrepresented by Sollecito and Knox and their teams and apologists - because they could get away with it.

Will the Netflix movie being unveiled in Toronto this week explain all or even any of this? Why do we doubt it?


Thursday, September 01, 2016

How Bob Woffinden, Aggrandizing Investigative Journalist, Attempts To Perpetrate Innocence Fraud

Posted by The Machine



Said to be Bob Woffinden - as a pop music reporter, some years ago

1. Woffinden and innocence fraud

These days innocence fraud is a very real thing.

A stern warning was issued to crime laboratory administrators that some post-conviction exonerations may have been secured by innocence activists using malicious tactics, or ‘innocence fraud’, creating potential public safety threats as convicted felons are released from prison.

In this post, I will analyse another example of innocence fraud, this time by British journalist Bob Woffinden on Meredith’s case. Woffinden has done this on other cases before.

He specialises in alleged miscarriages of justice, and has written articles for The Guardian, The Daily Mail and The New Statesman and authored a number a books about high-profile murder cases: Miscarriages of Justice; Hanratty: The Final Verdict and The Murder of Billy-Jo.

Woffinden’s default position when it comes to controversial murder cases seems to be to assume a miscarriage of justice, and to claim someone has been convicted of a crime they didn’t commit.

He’s claimed that James Hanratty, Jeremy Bamber, Barry George, Sion Jenkins and Jonathan King are all innocent. Reflexively anti-police, Woffinden as I described in the post linked to above on the James Hanratty case has a history of putting victims’ families through considerable pain.

2. Woffinden On Meredith’s case

Here he tries to prove that Rudy Guede is innocent of murder, and falsely claims he was convicted because he was black. He also tries to cast doubt on the hard fact that Meredith was sexually assaulted - or that the police got anything right.

Anyone who has read the official court documents and court testimonies with regard to the Meredith Kercher case will be able to assess Bob Woffinden’s professionalism and credibility and ethics as an investigative journalist article by reading his contorted take.

To those who really do know the case, it is immediately apparent that he’s pretty ignorant of the main facts, and that he hasn’t bothered to read the official court documents or the court testimonies available in English here.

He mindlessly repeats various endemic Friends of Amanda PR myths. For example, he erroneously claims the prosecutors concocted the scenario of a sex orgy gone wrong.

“The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault – and knowing there was absolutely no evidence to link Guede with Knox and Sollecito – they [the prosecutors] concocted the absurd scenario of a sex orgy gone wrong.”

Dr Mignini didn’t ever say anything about there being a sex orgy that went wrong when he presented his scenario to the court at the trial in 2009 and the numerous hearings (which Woffinden seems totally unaware of) in the 15 months before.

Instead he gave the court a detailed chronological account briefly summarized below of a vicious physical and sexual assault on Meredith, which culminated in her dying some time after the killers left and locked her in.

23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.

23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.

23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other, however, a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.

23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.

23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.

23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.

Why is Woffinden unable to substantiate his claim that the prosecutors concocted the scenario of a sex orgy gone wrong with a verbatim quote from Mignini or Comodi?

Because they never claimed this at all. A competent and ethical professional journalist should be able to support every claim they make.

Woffinden regurgitates another popular PR myth by claiming that Rudy Guede pleaded guilty late in 2008.

“Even as he [Rudy Guede] pleaded guilty, he vehemently asserted his innocence, saying, ‘I can’t talk about things I haven’t seen and that didn’t happen to me’.”

Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He has always denied killing Meredith. He opted for a fast-track trial in mid 2008 because he could escape a blatant attempt to frame him as sole perpetrator by the Knox and Sollecito defense.

It meant he would automatically received a third off his prison sentence but at the time he had no idea what that would look like.

Bob Woffinden gets yet another fact wrong when he claims the Hellmann appeal court sanctioned a full review of the scientific evidence.

“…the Italian court sanctioned a full review of the scientific evidence on which they had been convicted.”

It did nothing of the kind. Hellmann merely asked Carla Vechiotti and Stefano Conti to review two pieces of DNA evidence - the knife and bra clasp evidence.

They didn’t review the bloody footprint on the bathmat, the bare bloody footprints which had been revealed by Luminol, or the five samples of Knox’s DNA or the blood mixed with Meredith’s blood in three different locations in the cottage.

Yet another wrong “fact”. Bob Woffinden claims that a police officer flushed away Rudy Guede’s faeces and thus destroyed evidence.

“His recollection that he had leapt up from the toilet seat the instant he heard the scream was bizarrely corroborated by the fact that there were faeces still in the pan when the police arrived. Needless to say, one officer activated the toilet, thereby flushing away important evidence.”

Needless to say? In fact this claim is complete and utter nonsense. The faeces in the toilet wasn’t flushed away. It was carefully collected as evidence and tested. However, it didn’t yield any results.

“The faeces present in the toilet of that bathroom did not, however, yield any results, and Dr Stefanoni, the biologist of the Scientific Police, explained that the presence of numerous bacteria easily destroys what DNA might be found in faeces.” (The Massei report, page 43).

Why would Woffinden make these and other demonstrably untrue claims? It seems obvious that he wants to portray the Italian National Scientific Police (much respected by the FBI) as the Keystone Cops, in order to ridicule the forensic investigation, seemingly his purpose here.

Woffinden makes yet another false claim by stating that Guede made only one inconsistent statement.

“Guede’s solitary inconsistency was this. He did comment at the outset of the investigation that ‘Amanda doesn’t have anything to do with it’. But, at that stage, perhaps he couldn’t believe that she did have.”

Judge Micheli, who found Rudy Guede guilty of sexual assault and murder in October 2008, pointed out in his sentencing report of January 2009 that Guede’s accounts were unreliable and varied a lot.

“Analyzing the narratives of the accused…he is not credible, as I will explain, because his version is (1) unreliable, and (2) continuously varying, whether on basic points or in minor details and outline.”

Bob Woffinden also seems to be pushing the wrong notion that Rudy Guede didn’t implicate Amanda Knox until much later - which is another FOA PR myth.

Guede first implicated Amanda Knox and Raffaele Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo Benedetti:

Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”

Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”

Bob Woffinden makes the erroneous and offensive claim that there’s no evidence that Meredith was sexually assaulted,

“In their investigation, prosecutors made a series of blunders. The first serious mistake was their assumption that Meredith was sexually assaulted. If one takes cognisance of Guede’s account, there is no evidence of this. The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault – and knowing there was absolutely no evidence to link Guede with Knox and Sollecito – they concocted the absurd scenario of a sex orgy gone wrong.”

Had Bob Woffinden actually bothered to read the key Massei trial report, he would have known that several medical experts - Dr Lalli, Professor Marchionni, Professor Bacci and Professor Gianaristide Norelli - testified that there were indications of sexual violence on Meredith.

Such conclusions were further explained [by Dr Lalli] at the hearing of April 3, 2009, in which it was highlighted that signs were present of sexual activity with characteristics of non cooperation by the young woman, which can be derived from the lesion pattern at the vulvo vaginal level (page 40 of transcripts).

[111] These signs were present in the purple ecchymotic type spots detected on the inner surface of the labia minora, the area where they are usually produced. It is the first point of contact for the sex organ or object including fingers penetrating the vagina and therefore the point at which an action ... performed without the full cooperation of both actors would produce purplish spots of this kind. (The Massei report, page 116).

He [Professor Marchionni] noted in this regard that, even without lubrication injuries of this nature are not the result of consensual sexual intercourse, and he argued that the cause of these lesions had originated from a “forcing” that could have been done by the penis or by hands (page 21, hearing on April 4, 2009). (The Massei report, page 117.)

With regard to sexual violence, he [Professor Bacci] referred to the inspection of the genital area conducted by Dr. Lalli at the morgue operating room. On the internal surface of the labia minora, attention was focused on areas of discolouration, which can be interpreted as small bruises, small abrasions associated with small haemorrhages indicative of “small lesions” (page 16, transcripts) consistent with a violent action of friction, pressure an typical of sexual violence and, while affirming the absence glaring signs of typical sexual violence (page 16, transcripts) he concluded compatibility with non-consensual sexual intercourse’ (page 16, hearing, hearing on April 18, 2009). (The Massei report, page 121.)

He [Gianaristide Norelli] further underlined the presence of a slight bilateral suffusion in the area of the iliac spines, i.e. in the areas corresponding to the anterior lateral part of the flank, which represent the end/terminal parts of the wings of the [pelvic] basin and the fact that “lesions in this area are fairly characteristic of seizure [grasping] and immobilisation”; [it is] an area which is ‘highly suggestive’ in the context of the investigation of sexual assault. (The Massei report, page 124).

It should be stressed that the the doctor who actually performed the autopsy - Dr Lalli - believed Meredith had been sexually assaulted.

“The prosecution focused on Lalli’s statements that he believed there had been non-consensual sex.” (Andrea Vogt, The Seattle Post-Intelligencer, 2 April 2009).

You need just an ounce of common sense to know that murder victims who were also raped or sexually assaulted didn’t consent. The Kerchers’ lawyer Dr Maresca made this very point:

“Sex that ends with someone dead is not consensual.”

Dr Maresca also highlighted the fact several medical experts said there were signs of sexual violence in court. Dr Maresca told the court that the expert witnesses

“sustained the prior results and valuations of the coroner who performed the autopsy and the forensic evidence specialists who already testified”. He added: “And for the first time today, we also heard that the bruises on the victim’s hips were consistent with a sexually violent approach.”

Unbelievably, Bob Woffinden regards Rudy Guede as a reliable and credible witness.

I’m surprised anyone would believe Guede’s ever-changing versions of events when they are so blatantly untrue. Guede gave two different accounts of arranging a date with Meredith and they’re both demonstrably false.

Meredith didn’t go to the Halloween party at the Spanish students’ house on 31 October 2007.

Guede then changed his story and claimed that he had met her at Domus, but Meredith was with her friends continuously and none of them saw her with him. None of Guede’s friends saw him with her either.

“He [Rudy Guede] stated that he met the girl on Oct. 31 in the house of some Spanish students and did not meet her later in the “Domus” pub, that the next day, shortly before going to the date with Meredith…

In the third interrogation, by the P.M. [public prosecutor] on March 26, 2008, he changed the place of his meeting with Kercher on Oct. 31 from the Spanish students’ house to the Domus pub” (Judge Giordano’s Supreme Court report, page 17).

“…and also because none of Meredith’s friends (Amy Frost, Robyn Butterworth and [10] Sophie Purton, with whom she had gone out on the evening of Halloween, Oct. 31, 2007) nor any of Guede’s friends (among others AC and PM) had ever seen them talk to each other.” (Judge Giordano’s sentencing report, page 10).

Meredith had NOT arranged a date with Guede at the cottage on Via della Pergola on 1 November 2007. She and Sophie Purton left their friends early that evening because they mistakenly believed they had lectures the next day.

“They [Meredith Kercher and Sophie Purton] were to meet on the morning of the second at around 10:00 am for a lecture at the university…:” (The Massei report, page 35).

“Meredith was tired from the day before when she had come home about five in the morning; the next day she supposed that she had a lesson at the University at 10 am and she needed to prepare for this and she had to also think about resting” (The Massei report, page 58).

Judge Massei explained at length in his report why Rudy Guede’s claims he had a date with Meredith were not credible.

“Speaking of Meredith, there has already been occasion to make mention of her personality (serious, not superficial, with a strong character), of her romantic situation [i.e. her love life] (she had not long beforehand begun a relationship with Giacomo Silenzi), of the plans she had for that evening (studying, preparing for the following day believing that there would be classes at the University, finishing a piece of homework, as her mother recalled during the hearing of 6 June 2009, and resting).

None of the people she frequented and in whom she confided (her relatives and her English girlfriends) testified that Meredith had made any mention to them at all of Rudy, for whom, therefore, she must not have felt any interest. With regard to the totality of these circumstances, it must be considered that Meredith could only have made an outright refusal to Rudy’s advances” (The Massei report, pages 365-366).

In rejecting Guede’s final appeal Judge Giordano succinctly summarised the reasons why he was found guilty of sexual assault and murder in his Supreme Court report. It had nothing to do with the colour of his skin.

“The judgement rationale thus proceeds through rigorous logical steps, quite consistently, with no possibility of misinterpreting evidence, distorting significant data, or disruption of the overall probative reasoning. Meredith Kercher, before being slaughtered with the deadly blow at her throat, was the victim of a series of wounds, of forced restraining of her limbs, especially the left hand and arm - and on the cuff of the left sleeve of the sweatshirt she wore clear traces of DNA of the defendant are found – aimed at overcoming her resistance to sexual violence, of which the traces of DNA of Guede of the vaginal swabs are evidence, which then led to the violent behaviour of the deadly slaughtering.

The version of the accused is totally unrealistic because, even apart from the obvious omissions and contradictions detectable in his many statements, his previous acquaintance of Meredith, shaped in his story by a meeting on the night before the murder at the Domus pub, by a kiss between the two and by a date for the evening of the following day, is clearly disproved by a whole articulated testimonial structure, [19] coming from several people and indicating that: the two did not meet at the Domus (indicated by the testimonies of all the friends who were accompanying Meredith), even less did they converse, even briefly, at the Shamrock pub during the match between England and South Africa broadcasted the day before (indicated by the testimonies of AC, PM and F), and Kercher never confided anything, as would have been natural, to her friends about a date with Guede, not even on the afternoon of Nov. 1, as she had done in other occasions about details of her personal and love life (indicated by the testimonies of Robin Carmel Butterworth, Sophie Purton).

This is consistent with the portrait of Meredith’s character; she avoided sexual relations with other men apart from Giacomo Silenzi with whom she had begun a relationship that she absolutely did not mean to betray, as stated by her friends, especially not for unimportant adventures.” (Judge Giordano’s Supreme Court report, pages 17-18).

Some conclusions

Bob Woffinden has made a name for himself by publicly championing the causes of convicted killers and sex offenders. Mainstream media organisations such as The Guardian, The Daily Mail and The New Statesman have given him a certain degree of credibilty and respectabilty by publishing his articles. Many people will trust him and assume that he’s a reliable and trustworthy journalist.

However, their trust is misplaced. His lack of due diligence with regard to his article about Rudy Guede and the Meredith Kercher case is disturbing and unacceptable. He doesn’t get the basics of journalism right - which is astonishing for someone who has worked as a journalist for decades. He gets basic facts wrong and he has made numerous demonstrably false claims.

A professional journalist should be able to substantiate every claim they make. Bob Woffinden is unable to do this because he has relied on some of the numerous factually inaccurate articles and the massive defense and PR spin about the case instead of the official court documents and court testimonies.

It defies belief that he accepts Rudy Guede’s fairy tale version of events. You don’t expect such childlike naivety from an adult let alone an investigative journalist. He’s obviously blissfully ignorant of the fact that Guede gave contradictory and confllcting accounts.

It seems he has a deep-rooted psychological need to believe in innocence and police malfeasance, which completely clouds his judgement to the point where he blindly supports and campaigns on behalf of people who are blatantly guilty of sexual assault and murder like James Hanratty and Rudy Guede.

If there’s a more sloppy and self-serving journalist in the world, I haven’t come across them yet.


Tuesday, August 30, 2016

Florence Courts Resent Mangling Of RS/AK Appeal By Cassation Now Have Ominous Ways To Re-Visit

Posted by Peter Quennell



Highrise Florence courts are just visible at left background


The Marasca/Bruno verdict setting RS and AK free has taken some hard knocks within the Italian legal community.

It is not lost on anyone that Sollecito defense lawyer Bongiorno was given special favors, including being allowed to argue unchallenged before the Fifth Chambers for some hours beyond the legal limit. Or that the Fifth Chambers should never ever have received the appeal. Or that the drafter, Bruno, was suffering seriously ill health at the time, and delivered a report which is largely legal nonsense.

Here Machiavelli and Catnip and most exhaustively James Raper explained many of Marasca’s and Bruno’s absurdities.

But the Florence courts are not done yet. They are still processing cases involving Knox, Sollecito, Sfarzo and Aviello. They still sit on this potential bombshell of a case against Sollecito lawyer Maori, which explains how the Fifth Chambers apparently acted highly illegally.

Other cases are also possible, and two involving Knox are still continuing in Bergamo.

Now Rudy Guede’s team of lawyers in Rome and Viterbo prison have filed an appeal against his own conviction. It is filed with the courts in Florence.

The team notes that judgments against Guede up to and including the Supreme Court’s First Chambers concluded that he had acted against Meredith only in collusion with others and not in isolation.

This could reopen the Marasca/Bruno outcome which argued that he DID act alone or at least not with RS and AK though there is massive evidence to the contrary. That judgment while final in the normal course of things cannot stand under Italian law if illegalities were entered into.

With more and more documentation being read widely, the case against Knox and Sollecito acting in collusion with Guede is coming to look as strong as it did throughout their trial in 2009.

That is the quite possible Florence outcome.

It is one that Guede might accept fairly calmly, as his fury at Sollecito is quite palpable, and he wants nothing more than to nail his fellow attacker.


Tuesday, February 16, 2016

Sollecito v Italy & Guede: Damning Incriminations Guede’s Team Says RS Will Be Stuck With

Posted by The TJMK Main Posters



“Huh???” Sollecito in one of numerous interviews, usually falling short of convincing everyone

Post Overview

Guede’s team in Rome and Viterbo have a number of cards up their sleeves against Sollecito.

Sollecito and his father and legal team have apparently filed some damages lawsuit in Florence for compensation from the Republic of Italy.

His intention seems also to be to sue Rudy Guede, for defamation. In the RAI interview Guede did pretty solidly place him at the scene of the crime.

This post and later others will suggest what Sollecito could see thrown back at him. We’ve already pointed out that previous legal threats and court filings went nowhere. We may of course see that not happen here also.

This is a pre-emptive rebuttal published by the pro-bono team working for Rudy Guede at Viterbo Prison. (He also has a pro-bono legal team in Rome now.) They are responding to an attempt by Sollecito to put his case to bed in the weekly Oggi.

As with Guede’s interview this includes claims that are very self-serving. But it does also highlight the kinds of problems Sollecito faces.

It is kindly translated and submitted by Guermantes, one of our friends at PMF dot Net. Guermantes in part used Catnip’s new translation of the Micheli Report explaining Guede’s original verdict.

First Shot From Guede Team

February 5, 2016

The Centre for Criminological Studies of Viterbo responds - on behalf of Rudy Guede - to Sollecito’s assertions made in the Oggi article of January 26, 2016:

Raffaele Sollecito responds to Rudy Guede: “How many lies in the interview with Leosini”

Raffaele Sollecito “challenges” Rudy Guede on stories told by the Ivorian on TV

OGGI, analyzing word for word the interview with the Ivorian, imprisoned for the murder of Meredith Kercher, has identified at least eight omissions and blatant lies aired without being corrected. Among these, the appointment with the girl, the denial of having performed thefts, the use of hard drugs, the content of the judgment of the Supreme Court regarding the placement of Sollecito and Knox in the murder house.

The story of Rudy Guede still stands up though. Here is why …

Viterbo - Received and published – We learned of Raffaele Sollecito’s indignation, who, in an article published by a well-known weekly (Oggi, ed), complains about the inappropriateness of the broadcast of the ‘Cursed Stories’ program, in addition to the way it was recorded and run without contradiction[uncontested].

On this point, it is hardly necessary to recall that Raffaele Sollecito had been the guest on a large number of programs such as Porta a Porta, La vita in diretta, Domenica In, Piazza Italia (Rai programs, public television), Quarto Grado, Pomeriggio 5, Matrix (Mediaset), Otto e Mezzo (La7). All this - before, during and after the trials / verdicts that concerned him.

In the article just published, he notes, however, that comments and observations about current events should be offered before the verdicts and not after. Otherwise we would be “in the presence of a surreal fourth degree of judgment.”

We respect this opinion but we would also like to add that another school of thought argues that trials should be conducted in courtrooms and not on the pages of newspapers or in television studios. And Rudy Guede has waited eight years until the end of all sets of proceedings (including those relating to Raffaele Sollecito and Amanda Knox) before expressing his opinion.

Among other things, during a single television broadcast and not on the talk show circuit of national broadcasters. A choice, of Rudy, which should be respected. Because it is broadly related to the principles and values that characterize the Italian legal system.

Then, shifting the focus to the set-up of the program “without contradiction” [counter-arguments], it is necessary to point out at the outset that, in all those years of “Cursed Stories” programming, no one has ever complained about this mode. Moreover, Raffaele Sollecito himself was also the only guest “without contradiction.” Beginning with Porta a Porta of Bruno Vespa and ending with Otto e Mezzo of Lilly Gruber.

The [Oggi} article summarizes in eight points the alleged lies by Rudy quoting in some cases (not all) excerpts from transcripts or judgments about the case of Perugia. We try to respond to each of them, expressing the views of Rudy.

Point #1

Rudy had no appointment with Meredith? It may be! But speaking of appointments, the Court of first instance expressed itself by saying that “it is normal for twenty-somethings in a university town to meet up in the usual places without having to first set up a notary’s deed. “ [Par. 206.50] (page 93, Sentence of the First Degree Rudy Guede). This statement may also be taken into account even in the case of objection to Rudy’s words as having no value?

Still on point 1, credence is given to a few statements by Mr. Barrow, without saying, however, that the same had not only debunked at the hearing all his previous claims, but had also been in conflict with Rudy as regards girls. Moreover, the testimony of Mr. Barrow was interrupted by “the emergence of criminal behavior regarding monetary negotiations with a television news organization” (p.52). So much so that the witness was deemed unreliable.

Source: The Micheli Report

[194] Mr BARROW, already interviewed by the Public Prosecutor on the 11th of December 2007, which is to say a few days after Mr GEUDE’s return from Germany, had declared to knowing Mr GUEDE for some years, having often played basketball. On that occasion, though, he specified not moving in the same circles as him, due to RUDY being a habitual liar, drinking and using drugs, not to mention annoying the girls by molesting them in public and trying to kiss them.

[195] As for Ms KERCHER, who he described as shy and reserved, Mr BARROW had said he knew her from their shared visiting of the night clubs in the town centre, and in fact he had seen her on Halloween at the Domus, where – he says – RUDY definitely wasn’t; nor did it appear to him that the accused knew MEREDITH, and according to him it was not in fact true that he had spoken to her or had met her.

[196] In court, Mr BARROW restructured his grounds, saying for example that Mr GUEDE used to drink but a bit like how all the other young men were doing it, even if he had often seen him drunk; he instead denied being certain about any drug use on the part of RUDY, about whom he had mentioned it only for having heard gossip.

And also as regards the molestations, he corrected the gist of what he’d said in remembering only once when the detainee had struck up a conversation with a girl, without knowing that she was actually Mr BARROW’s girlfriend, and a squabble arose: on other occasions, he had seen him pull a girl towards himself while they were talking, although describing it as a gesture common to many others of the same age.

[197] On RUDY’s lies, the witness limited himself to saying that one time Mr GUEDE had been accused of having robbed something in a discotheque from a girl’s purse [translator’s note: handbag in BrE], the accused had immediately denied it, but then it had come out on the grapevine that it certainly had been him; on the presumed certainty that Mr GUEDE had not been at the “Domus” on the evening of the 31st of October, finally saying (and in effect he could not have said otherwise, ab initio) that he had not seen him, without being able to rule out that he really was there.

[198] The testimony, which in practice had not led to anything of significance being acquired, was then interrupted by the emergence of the outlines of an offence by Mr BARROW, concerning negotiations of a monetary nature with a leading television journalist, in whose regard he had presented a claim of trespass (when in reality he had invited those reporters in asking them for money for an interview), and it turned out he had then put forth a further request for money to settle things back to normal.

Point # 2

Rudy is a serial thief? The article in question contains two sentences that actually relate to the same incident five days before the tragedy, namely his entering an asylum in Milan. A reprehensible episode. So much so that Rudy has earned a related conviction for it (i.e. for possession of stolen goods.). However, beyond this, there is not a single record of another conviction, nor the presence of a complaint concerning other items mentioned in the article. Not only that, but the same Sentence of First Instance refers on page 101 to the absence of a “previous criminal record”, Rudy not having been tried yet for the Milan incident.

[Par. 44]”…on 27 October 2007 (ergo, just five days before the murder) he had been identified in the Milan jurisdiction and had been charged without arrest [a piede libero] for theft, receipt of stolen goods, holding and carrying arms.

Point # 3

Rudy had left genetic traces in Meredith’s purse? In the trial papers we have not read even one time that Rudy’s genetic material was found inside her purse; if anything, only on the outside. And the difference is not trivial. In fact, finding his trace on the outside of the purse would allow to assume / hypothesize a simple movement of the object in question, while claim to have isolated Rudy’s DNA inside it would mean that the boy might have really went through it, the latter circumstance, which did not result in any conviction, was not confirmed because not supported by any element.

It is therefore in itself horrible and defamatory, the expression used in the [Oggi] article: “While Meredith was bleeding to death” Rudy “rummaged” [in her purse,] Also cell phones and anything else missing from Meredith’s bag were found elsewhere, without any fingerprints or traces of Rudy.

As far as first aid provided by Rudy to Meredith, his efforts were described even by judges who – still on p.101 of the Sentence of First Instance – conclude: “not being able to explain otherwise the presence near the body of three towels.”

Point # 4

flight into disco. As unspeakable as this behavior is, it is hardly necessary to mention that as regards Raffaele Sollecito and Amanda Knox, the Court of Appeal judges commented that there were “numerous and varied ways of how human beings react,  faced with tragic situations” (taken from the Supreme Court with reference on page 17). Why should the same not apply to Rudy?

Point # 5

Rudy is a liar and he used cocaine? It is true that during the indictments are read expressions like the ones shown in quotation marks in the [Oggi] article, but in many circumstances the same assertions are revisited and subsequently confirmed by the judgments. Moreover, even as regards Raffaele Sollecito and Amanda Knox, it states that “the two have given versions not supported by objective evidence and not credible”.

Among other things, it is certainly not the case of measuring the credibility of all the defendants relying on the seriousness of the lies told; otherwise it would be appropriate to recall that Amanda Knox put at the scene of the crime an innocent, namely Lumumba, who only through an iron-clad alibi managed to get out of it.

[Par. 260.77] “It must finally be taken into account, still on the level of serious indicia of guilt and however arguing a contrario, that the two accused have given implausible versions [of alibis] or not substantiated by objective corroboration.

[Par. 260.78] “The circumstance of the missing memory or of the state of confusion, perhaps invoked with (convenient) reference to suggestive pressures on the one hand, or cloudiness of mind through use of stupefactants on the other hand, does not have concrete merit.

Point # 6

On this point Rudy says nothing special, so we do not understand just where the challenge is to what he said during the TV program.

Point # 7

The presence of Amanda and Raffaele at the crime scene. It turns out that during transmission Rudy have never claimed to have recognized the person he encountered that evening in via della Pergola. So we don’t understand the complaints about the alleged presence in that house.

It should be noted that in the Supreme Court ruling that absolves Sollecito and Knox is stated (p. 44) that “the hypothesized presence of the current appellants cannot in itself be considered as a demonstrative element of guilt.”

Why cannot the same reflection be taken into account for Rudy? Because the latter would leave traces “everywhere”? Rudy was there and admitted to having been there.

It should however be pointed out that this alleged abundance of traces must be scaled down seeing that on page 97 of the Sentence of First Instance it states that “the quantity of biological material referable to the accused could have been categorized, in effect, as minimal” [Par. 201], “ultimately nothing suggests that there was Rudy’s biological material in great abundance.”

[Par. 201] ”… with the conclusion that the biological material of Ms KERCHER was abundant, and Mr GUEDE’s, in proportion, was quite small.”

[Par. 9.3 on p.41 of the English translation (“pre-final”) of the Bruno/Marasca Report]:  “…the supposed presence in the house of the current appellants cannot, in itself be considered as a demonstrative element of guilt.”

Point # 8

In the last point it is reported that the substantial reasons for the denial of permission to obtain benefits requested by Rudy is to be attributed to the “lack of critical review of what has happened. He has not showed any remorse or repentance”.

First, if you intend to bring back quotation marks, it would be appropriate to bring it [the quote] back as it was actually written. And that is: “…found that the applicant has committed serious crimes in respect of which he does not recognize his responsibilities.”

Why would he recognize [his responsibilities] if he claims to be innocent to the point of wanting to request a review of the process? Is it not his right? Or the rights that characterize the Italian legal system do not apply to Rudy?

If he really is a liar, he takes the consequences and responsibilities. But ultimately, in this dramatic story, it seems that it is widely assumed. Maybe - and we stress, maybe - far beyond his faults.


Thursday, February 04, 2016

Subtitled In English, Videos Of All Of The RAI Rudy Guede Interview Start Here

Posted by Eric Paroissien

The scene-changing Rudy Guede interview on the government owned Italian network RAI, with subtitles throughout.

Please tell us of technical problems? At the end of each video there SHOULD be a link to the next.

If they dont show up, here are all the direct links.  One and Two and Three and Four and Five and Six and Seven and Eight and Nine and Ten and Eleven. That’s it.


Wednesday, January 27, 2016

Why Guede’s Ex-Lawyers Really Bailed On Him? The Italian Perception

Posted by Peter Quennell





Way too much is being made of this in the US in a wrong way.

Biscotti and Gentile of Perugia are not Italy’s winningest team. They have had precisely two cases of national significance in Italy. And both of their clients are serving long terms in prison.

  • Rudy Guede is serving 16 years in Viterbo Prison awarded by the Perugia court and confirmed by Cassation and another three years awarded by the Milan court for stolen property.

  • Salvatore Parolisi (seen above with the lawyers) was sentenced to 20 years for killing his wife Melania Rea with 35 stab wounds, and is appealing for a sentence reduction (really).

We posted a lot on Melania’s case starting even before it was clear that her soldier-husband killed her, in a very elaborate premeditated staging so he could continue life with his girlfriend.

Salvatore and Melania had a little daughter. Melania’s parents not only washed their hands of him after initially defending him, believing his tale that he was innocent.

They ran a blowtorch of a media campaign against him, the sort of thing Knox & Sollecito escaped, and for a while there he was the most hated man in Italy.

To their considerable credit, Biscotti and Gentile do accept to try to defend these low-income clients. But their fees cannot be remotely like those of the Sollecito and Knox teams.

And they do need to win some cases, and to attract more cases, and it is hard to see how they can help Guede to win anything at all in the law courts.

In fact, they never have won anything, ever, for Guede.

He chose the short-form trial in Perugia and the sentence was eventually set by Judge Massei at 16 years under the formula. The three years he was awarded in Milan was to code also.

Ten to one against this, but if the Sollecitos DO sue Rudy Guede as they are threatening for fingering RS as one of Meredith’s killers he is likely to spill the beans entirely.

That wont require any lawyers.

Posted on 01/27/16 at 01:38 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Monday, January 25, 2016

Is Francesco Sollecito Forced Into Legal Aggression He Didnt Want & Which Could Rebound?

Posted by Peter Quennell




Legal Development

Francesco Sollecito is being reported as denouncing Guede and initiating actions against him - and the Republic of Italy.

What must have looked to him nicely wound up by the Fifth Chambers at the end of March last year does seem to have a pesky tendency to become unwound.

It was unwound a bit by the continuance of Sollecito’s book trial in which RS lawyer Bongiorno refused to become involved. It was unwound a bit by the charges Dr Mignini requested against the RS lawyer Maori mid-year. It was unwound a bit by the Fifth Chambers with the poisoned sting at the end of its Report.

That Motavazione as phrased could open the way to a wrongful death suit against Sollecito (and Knox) or a petition to the President. A “guilty” verdict on the numerous false claims in Sollecito’s book could open the way to civil suits.

The petition was filed today at the Court of Appeal of Florence by their lawyers Giulia Bongiorno and Luca Maori. The lawyers decided to turn to the last trial court that dealt with the process. In particular, they demanded compensation of 516,000 Euros for the detention to which Sollecito was submitted from 6 November 2007 to 4 October 2011.

The computer engineer from Puglia has always proclaimed he was not involved in the murder and was finally acquitted along with Amanda Knox.  “I can not spend my life defending myself from something I have not done ...”: Raffaele Sollecito commented on the interview… 

He was followed by his father Francesco in transmitting a statement from their home in Puglia. “Raffaele is shocked and outraged,” said Francesco Sollecito. “I am also deeply outraged. I did not even sleep last night.” The father of Raffaele - finally acquitted for a murder he always proclaimed he was outside of - criticized in particular “Guede’s attitude towards the brutally murdered girl. Guede is refuted by the procedural documents, many of which are omitted in the interview. It was denied, among other things, by Raffaele’s friends that there was a random meeting with Meredith Kercher.”

“Guede still has to explain why he was in that house and why he went to the disco after finding the body. Let us remember, Francesco Sollecito empahsized again, that he is a person definitively convicted of murder. “

No mention at all of Knox? She was the one Guede really nailed, though Raffaele was pretty firmly placed at the crime scene too.

Last year, a bombastic Raffaele Sollecito had threatened to file a suit against Italy, but his father and lawyers had wound him back. Presumably because way, way, way too much could come out. “Take care about what you wish for.” “Let sleeping dogs lie.” “Discretion is the better part of valor.” Take your choice.

But such a suit is normal and expected. It would look suspicious if it was never filed. Now the Florence prosecution may get the chance to make the case in full the Fifth Chambers never heard.

Storms In The Past

Francesco Sollecito and Raffaele Sollecito and Vanessa Sollecito are all notorious for loosing their cool.

Francesco lost it here toward Raffaele, and especially here. Vanessa lost it here and again here. Everybody lost it toward Amanda Knox. Sollecito’s own book describes that rage.

And take a look. Despite supposed “honor bound” there are dozens of examples there.

Francesco Sollecito lost it after the Hellmann acquittal when Raffaele said he and Knox were still a thing, and again when RS took off to Seattle after Knox. He lost it again when a false felony claim in Sollecito’s book was unveiled on national TV.

Bongiorno also often seems in a rage. Hmmm. A group of people in a rage, and then things go too far. Where have we heard that before?


Wednesday, January 20, 2016

Sollecito Lawyers Threaten To Sue If Guede Tells Any Lies; Dont Hold Your Breath…

Posted by Peter Quennell

Bongiorno goes overboard at end of Nencini appeal; Italy laughs


Way to ensure high ratings? Now Bongiorno threatens to sue RAI if the interview propagates any “lies”.

Sources here and here. Good luck! If she DOES sue (dont put any money on that regardless of what Guede says) the Fifth Chambers report will not be her friend and she surely knows.

She hasnt commented publicly on that report though Sollecito has been very sulky of late. She still talks as if the March verdict is the only one that stands.

At other times there have been such threats to sue. None ever happened there. Examples:

  • Bongiorno didnt sue Aviello for saying she had been offering bribes to his cellmates in exchange for their testimony to help RS despite a threat.

  • Bongiorno didnt sue Lifetime TV as threatened for the movie about Knox - the RS character barely appears, maybe that was her beef - despite a threat.

    And Mignini’s case against Maori will really put Bongiorno and Maori in a bind, if Guede doesnt do damage enough.


    Monday, January 18, 2016

    Reports That On Italian TV Thursday Guede Will Claim Knox & Sollecito Initiated Attack, Caused Death

    Posted by Peter Quennell





    It seems the serial defamer Amanda Knox wins no love at all in Italy. As we posted 10 days ago:

    A majority of Italians still believe that Amanda Knox led a cruel pack attack on Meredith and (to Guede’s and Sollecito’s seeming considerable shock) landed the fatal stab in Meredith’s neck.  They watched Knox on the stand for two days, in fact doing herself great harm.

    Italian media are sure looking forward to Guede dropping her in it on national TV later this week. There are half a dozen reports.  This summary in English by Liz Houle just went online.

    It is being reported on January 18, 2016 that Rudy Guede says that he is innocent of the murder of Meredith Kercher. In a clear and concise manner, Guede states that there is no evidence of his DNA on the murder weapon or in the simulated break-in room. He goes on to say that he knew both Meredith Kercher and Amanda Knox but was more familiar with Knox. “It was not me, but I’m the only condemned” maintains Guede.

    Rudy Guede sat down in an interview on Italian television show Cursed Stories (Storie Maledette) and gave his unvarnished view of what happened. “It was not me. . . . “ pointing the finger back onto Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher.

    In precise and coherent language Guede describes exactly what happened the night Meredith Kercher was tortured and left bleeding to death on that cold November night. Guede explains “. . .when I was found in the house of the crime I fled because I was afraid. No one would believe me. I thought: Negro found guilty found. The subsequent investigations, conducted ​​badly, have shown that I was right.”

    There’s also this. Actually CNN has blown hot and cold, with Paul Callan and Chris Cuomo and Erin Burnett and Nancy Grace all coming out anti-Knox.

    Posted on 01/18/16 at 04:49 PM by Peter QuennellClick here to view all my past posts, via link at top left.
    Archived in Those who were chargedRudy GuedeHoaxes against ItalyThe Alessi hoaxHoaxes re GuedeGuede good guy hoax
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    Tuesday, November 03, 2015

    TJMK/Wiki Translation Of The Marasca/Bruno Report #7 Of 7: Attempt At Why Court Blinked At Guilt

    Posted by The TJMK Main Posters



    Cassation mural by Cesare Maccari 19th century, on the theme of justice

    Overview Of The Post and the Series

    This represents pages 41 to 46 of the original, which is 53 pages in total. Machiavelli posted the final few quite damning pages several weeks ago.

    The four part series by the lawyer James Raper that follows next concentrates on the analysis and conclusions in the second half. We have already carried a four part analysis by Catnip.

    We also posted these charges against defense lawyer Maori which also explain at length how the Fifth Chambers (which handles no murder cases normally) among numerous errors of its own broke two laws.

    Apart from questions as to why it wandered from its narrow mandate, that court should not have one-upped the First Chambers findings in 2013 or the Nencini findings in 2015 without referring the case back down to him.

    Those charges are now lodged with the Florence court, and the archaic “political-track” route to their questionable seats on the Supreme Court of Judge Marasca and Judge Bruno as opposed to career-track has already been sealed off by the Council of Magistrates.

    Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.

    Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final.

    Attempt to Explain Why The Court Blinked At Guilt

    8. Now, in fluid succession, the points of clear logical disparity in the appealed motivation should be positioned.

    8.1 A process element of incontrovertible value – as will be explained further – is represented by the asserted absence, in the room of the homicide or on the victim’s body, of biological traces attributable with certainty to the two defendant, when, in contrast, there copious traces have been detected firmly referable to Guede.

    This was an insurmountable roadblock on the road taken by the trial judge to arrive at an affirmation of guilt of the current appellants, who were already absolved of the homicide by the Hellmann Appeal Court.

    To overcome the inconvenience of such negative element - unequivocally favorable to the current appellants – it has been sustained, in vain, that, after the theft simulation the perpetrators of the crime carried out a “selective” cleaning of the environment, in order to remove only the traces referable to them, while still leaving those attributable to others.

    The assumption is manifestly illogical. To appreciate, in full, the amount of disparity it is not necessary to carry out an expert investigation ad hoc, even if requested by the defense. Such a cleanup would be impossible according to common-sense rules of ordinary experience, an activity of targeted cleaning capable of avoiding luminol examinations which are in commonplace use by investigators (also used to highlight different traces, not just hematic ones).

    After all, the same assumption of an asserted precision in the cleaning is shown to be wrong in point of fact, considering that “in the little bathroom” hematic traces on the bathmat, on the bidet, on the faucet, on the cotton buds box, and on the light switch were found. And also, in a case of guilt of the current appellants, certainly they would have had enough time for an accurate cleaning, in the sense that there wouldn’t be any reasons for hurry that would have animated any other perpetrator of the crime who would probably be worried about the possible arrival of other persons. In fact, Knox, was well aware of the absence of Romanelli and Mezzetti from the house and she knew that they would have not returned home that night, therefore there would have been all the necessary time for an accurate cleaning of the house.

    With reference to the asserted hematic traces in the other environments, especially in the corridor, there’s also an obvious misrepresentation of the proof. In fact, the progress-of-works reports of the Scientific Police had excluded, consequent to the use of a particular chemical reagent, that, in the examined environments, the traces highlighted by the luminol were of hematic nature. Those -of-works certificates, despite being regularly compiled and registered in evidence, were not considered.

    Also manifestly illogical, in this regard, is the argument of the trial judge who (at f.186) assumes that he could overrule the defense objection in relation to circumstances in which the luminescent bluish reaction caused by the luminol is also produced in the presence of substances different from blood (for example, detergent residues, fruit juices and others), on the assumption that that, even if theoretically exact, would have to be “contextualized” in the sense that if the fluorescence manifests itself in an environment involving a homicide, the luminol reaction can only be attributed to hematic traces.

    The weakness of this, even at first sight, doesn’t require any notation, and it would furthermore require the assumptions that the house in via della Pergola was never subject to cleaning or that it was not ever lived in.

    This analysis permits us therefore to exclude, categorically, that hematic traces were removed on that particular occasion.

    There’s another clear logical disparity regarding the explanations given by the trial about the theft of the cellphones of Kercher,  which the unknown perpetrator or perpetrators, while moving away from via della Pergola, got rid of, after the homicide, tossing them into a plot next to the road which in the dark could appear like open country (while was a private garden instead).

    Far from plausible further more is the judge’s justification that the cellphones would have been taken to avoid their eventual ringing leading to discovery of the corpse of the young English woman before the hypothetic time, without considering that such an outcome could have more easily been achieved by shutting the telephones off or removing the batteries.

    It is also clearly illogical – and also little respectful of the trial’s body of facts – to reconstruct the motivation of the homicide on the basis of supposed disagreements between Kercher and Knox, enhanced by the irritation of the young English woman toward her housemate for having allowed Guede in the house, who had thereupon made an irregular use of the bathroom (f. 312). The explanation offered by the Ivorian in one of his declarations during the proceeding against him (and usable, according to what stated before, only in the parts which don’t involve responsibilities of third parties) is, instead, a different one. The young man in fact was in the bathroom, when he heard Kercher arguing with another person, who he perceived had a female voice, so that the motivation for the arguing could have not be constituted by his use of the bathroom.

    Also illogical and contradictory is the judge’s statement that, attempting to provide a cause for that disagreement (which was moreover denied in other declarations) doesn’t hesitate to retrieve the hypothesis of the money and credit card theft which Kercher was said to have attributed to Knox, despite the fact that, in a definitive finding, Knox, and Sollecito too, would be absolved because “there is no hard fact” on the crime of thievery in relation to the aforementioned goods (f.316).

    It is also arbitrary in the absence of any accepted confirmation to transfer to the house at via della Pergola the situations that Knox, in one of her declarations, had described and contextualized in a different timeframe and circumstance, which was in via Garibaldi n. 130, in Sollecito’s house: viewing of a movie, light consuming of drugs, sexual intercourse, and nocturnal rest lasting until the late morning of the 2nd of November, in a period before, during and after the homicide. This was introduced as a dynamic of the murder, the possible destabilizing effect of drugs.

    This also was done in the absence of any verification, and also because – among the multiple omissions or disputable investigative strategies – the police teams, even after collecting a cigarette butt from the ashtray in the living room containing biological traces of a mixed genetic profile (Knox and Sollecito), didn’t carry out any analysis on the nature of the cigarette’s substance because that investigation would have resulted in an impossibility to verify the genetic profile, making the sample “unusable”. And all of this with the brilliant [sic] result of submitting to the trial an absolutely irrelevant data, considered that it is certain that Sollecito frequented the house in via della Pergola, because he was sentimentally bound to the American girl; while in contrast the verification of the nature of the cigarette sample might have offered investigative leads of particular interest.

    What is underlined above is emblematic of the whole body of the appealed findings related to the reconstruction of the relevant event, reported in par.10 with the title: conclusive evaluations.

    It is undeniably a faulty interpretation attempt of the judge in order to compensate for some investigative lacks and obvious proof shortfalls with acute speculative activity and suggestive logical argumentations, being merely assertive and dogmatic.

    Now it is unquestionable that the factual reconstruction is an exclusive task of the trial judge and it is not the responsibility of the Court of Cassation to establish if the proposed assessment is actually the best possible reconstruction of the facts, nor to approve his justifications, requiring this court only to address verification if such justification is compatible - according to the basic jurisprudence formula – “with common sense and with the limits of a plausible appreciation of opinion” (among others, Section 5, n. 1004 of 30 November 1999, dep. 2000, Moro G, Rv. 215745), and also according to the probative requirements in the light of the text of article 606 lett. e) of the code of criminal procedure; it is also true that the chosen reconstructive version, even if in compliance with the standards of ordinary logic, has to adhere to the reality of the body of facts and be presented as the result of a process of critical evaluation of the points of proof acquired. Therefore the use of logic and intuition cannot compensate for shortfalls in proofs or investigative inefficiency. In the face of a missing, insufficient or contradictory proof, the judge must limit himself to accepting that and deliver an acquittal sentence, according to article 530, chapter 2, of the code of criminal procedure, even if driven by an authentic moral conviction of the guilt of the accused.

    Also, there is no shortage of errors in the motivation text of the examined sentence. Accordingly the assumption is totally erroneous in f. 321, according to which in the almost imperceptible grooves of the knife which was considered the weapon of the crime (item 36) DNA samples were attributable to Sollecito and also Kercher. The assumption is, in fact, in conflict with the lengthy exposition in the part concerning the aforementioned item (ff. 208 ss), where the outcomes of the genetic investigations which had attributed trace A to Amanda Knox, trace B to Kercher, a finally, trace I – the examination of which was unjustifiably passed over in the Conte-Vecchiotti survey – attributed after a new test to Knox. As will be stated further, given the attribution of the traces A and I to the current appellant, the reference of the trace B to Kercher cannot have – for the reasons stated above – any possibility of certainty being a low copy number sample meaning a scarce-quantity sample which could allow only one amplification (f.124). It doesn’t appear anywhere that the knife carried biological traces related to the genetic profile of Sollecito.

    9. The noted errors in judgment and the logical inconsistencies conflict fundamentally with the appealed sentence which therefore deserves to be annulled.

    The aforementioned invalidating reasons mount up in the absence of a possible framework of proof that could really be accepted as able to support a verdict of guilt beyond reasonable doubt as required by article 533 of the code of criminal procedure, in the recent text of article 5 of law n. 46 of 2006.

    Regarding the discussion of the range of meaning of that rule and its possible reflection on the evaluation of the evidence, this Court of Cassation has more than once had occasion to restate that “the normative prevision of the judgmental rule of beyond reasonable doubt which is based on the constitutional principle of presumed innocence, has not led to a different and more restrictive criteria of evaluation of the proof, but has coded the jurisprudential principle according to which the declaration of the sentence has to be based on certainty with regard to the accused ( Section 2, n. 7035 of 09 November 2012, dep. 2013, De Bartolomei, Rv. 254025; Section 2, n. 16357 of 2 April 2008, Crisiglione¸ Rv. 239795).

    It is not in essence an innovative or “revolutionary” principle, but the mere formal recognition of a judgment rule already existing in the judiciary experience of our Country and therefore already in firm force regarding the conditions for a sentence, given the preexistent rule of article 530, second chapter, of the code of criminal procedure, according to which, in case of insufficiency or contradiction of the evidence, the accused has to be acquitted. (Section 1, n. 30402 of 28/062006, Volpon, Rv.234374).

    On the basis of such premises the principle was enhanced according to which “the judgmental rule contained in the formula for beyond any reasonable doubt requires the pronouncing of a guilty sentence only when the acquired proofs excludes all but the remotest eventualities, even if supposable in theory and considered possible in the nature of things, but it is obvious that in this concrete case, the investigation results lacked any verification during the trial, unless outside the natural order of things and normal human rationality” (Section 2, n. 2548 of 19/12/2014, dep. 2015, Segura, Rv. 262280); together with the enunciation that alternative reconstructions of the crime have to be based on reliable probative elements, because the doubt which inspires them cannot be founded on merely conjectural hypothesis, even if plausible, but has to be characterized by rationality (cfr Section 4, n. 22257 of the 25/03/2014, Guernelli, Rv. 259204; Section 1, n. 17921 of the 03/03/2010, Giampà, Rv. 247449; Section 1, n. 23813 of 08/05/2009, Manikam, Rv. 243801).

    9.1 The intrinsically contradictory quality of the body of proof, the objective uncertainty of which is emphasized by the highlighted irregular progression of the proceeding, doesn’t allow us to consider it as having passed the standard of no reasonable doubt, the consecration of which is a milestone in juridical civilization which has to be protected for always as an expression of fundamental constitutional values clustered around the central role of the person in the legal system, whose protection is effected at trial by the principle of presumption of innocence until there is definitive verification, according to article 27, chapter 2, of the Constitution.

    9.2. The terms of objective contradictions in the proof here can be illustrated for each appellant, in a synoptic examination of the elements favorable to the hypothesis of guilt and the elements to the contrary in the text of the appeal and the defense declarations.

    9.3. It is useful to the side by side examination of these profiles to consider that, given the committing of the homicide in via della Pergola, the supposed presence in the house of the current appellants cannot, in itself be considered as a demonstrative element of guilt. In the evaluative approach to the problematic compendium of proof offered by the appellate judge, we cannot ignore the juridical categories of “non-punishable connivance” and “participation of persons in the crime committed by others” and the distinction between them as accepted by indisputables decision of the Court of Cassation.

    In this regard, it is well understood that the distinction resides “in the fact that the first postulates that the agent maintain a merely passive behavior, of no contribution to the effecting of the crime, while the second requires a positive participatory contribution - moral or material – to the other’s criminal conduct in ways that aid or strengthen the criminal purpose of the appellant” (Section 4, n. 1055 of 12/12/2013, dep. 2014, Benocci, Rv. 258186; Section 6, n. 44633 of 31/102013, Dioum, Rv. 257810; Section 5, n. 2895 of 22/03/2013, dep. 2014, Grosu, Rv. 258953). Equally certain is the effect of this specific distinction in the subjectivity consideration, since in the actual participation by persons in the crime the subjective element can be identified in the conscious representations and will of the participant in cooperating with other subjects in the common realization of the criminal conduct (Section 1, n 40248 of 26/09/2012, Mazzotta, Rv. 254735).

    9.4 Now, a fact of assured relevance in favor of the current appellants, in the sense of excluding their material participation to the homicide, even assuming the hypothesis of their presence in the house of via della Pergola, lies in the absolute absence of biological traces referable to them (apart from the hook of which we will discuss later) in the room of the homicide or on the victim’s body, where in contrast multiple traces attributable to Guede were found.

    It is incontrovertibly impossible that that in the crime scene (constituted by a room of little dimensions: ml 2,91x3,36, as indicated by the blueprint reproduced at f. 76) no traces would be retrieved referable to the current appellants had they participated in the murder of Kercher.

    No trace assignable to them has been, in particular, observed on the sweatshirt worn by the victim at the moment of the aggression and nor on the underlying shirt, as it should have been in case of participation in the homicide (instead, on the sleeve of the aforementioned sweater traces of Guede were retrieved: ff. 179-180).

    The aforementioned negative circumstance works as a counterbalance to the data, already highlighted, on the absolute impracticality of the hypothesis of a posthumous selective cleaning capable of removing specific biological traces while leaving others.


    Friday, October 30, 2015

    TJMK/Wiki Translation Of The Marasca/Bruno Report #6 Of 7: Why The DNA Evidence Was All Useless

    Posted by The TJMK Main Posters



    Luca Giordano (Fa Pesto), Love and Vice Disarm Justice, 17th century

    Overview Of The Post and the Series

    This represents pages 37 to 41 of the original, which is 53 pages in total. Machiavelli already posted the final few pages so one more post of 5 pages will see the completion.

    Following this 6th post will be a final brief analysis by Catnip, and following the 7th and final post will be a major analysis of the entire report by lawyer James Raper from legal and evidence standpoints.

    Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.

    Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final.

    Why DNA Evidence Is All Rejected

    7.1. With these general and abstract considerations, we now examine from a new particular perspective specific details of a broadly problematic case.

    In this specific case, in fact, it is not a question of verifying the nature and admissibility of a scientific method that is not really new, as in the Franzoni sentence formerly mentioned, , on the admissibility of the “Blood Pattern Analysis” or B.P.A. (a procedure already accepted in the United States and Germany, combining scientific laws of different universally recognized disciplines) because the objects of examination are the outcomes of the one science, genetics, of well-known reliability and increasing use and utility in judicial investigations.

    Furthermore, this Court on multiple occasions has already recognized the procedural value of genetic investigation into DNA, given the statistically great number of confirmative recurrences, making the possibility of an error infinitesimally small (Section 2, n. 8434 of 05 February 2013, Mariller, Rv. 255257; Section 1, n. 48349 of 30 June 2004, Rv.231182).

    Here it is more a matter of verifying what kind of procedural value can be assigned in a trial to the results of a genetic investigation carried out in a context of verifying very small samples with very little respect for the rules included in international protocols by which, normally, such scientific research is inspired.

    Implicitly referring to the jurisprudential interpretation of legitimacy, the judge has not hesitated to attribute to the aforementioned outcomes evidential relevance (f. 217).

    The attribution cannot be shared.

    Important to note that the case law of this Supreme Court, cited above, has acknowledged of genetic investigations – specifically their degree of reliability – full evidential value, and not a mere evidential element, according to article 192, chapter 2, of the code of criminal procedure; adding that, in cases where the genetic investigation doesn’t have absolutely certain outcomes, it can be attributed lesser evidential value (Section 2, n. 8434 of the 05 February 2013, Mariller, Rv. 255257; Section 1, n. 48349 of the 30 June 2004, Rv.231182). This means that, in the situation of placing suspects in terms of firm identity, the outcomes of the genetic investigation can have conclusive relevance, while in case of mere compatibility with a determined genetic profile, the outcomes have a mere circumstantial relevance.

    This enunciation of principle needs a further clarification.

    Generally, it is possible to accept the respective conclusions, provided the sampling activity, conservation and analysis of the sample were respectful of the requirements stated in the relevant protocols. This is true also in the less firm hypothesis, in which the outcomes of the analysis don’t arrive at a firm identity result, but merely a compatibility one.

    The principle of necessary methodological correctness in the phases of collection, conservation and analysis of examined data to preserve their maximum integrity and validity has been stated by this Court in Section F, n. 44851 of 6 September 2012, Franchini, although that was in the area of IT evidence, on the basis that those principles have been included in the code of criminal procedure with the modification of the second chapter of article 244 of the code of criminal procedure and the new particular requirement of article 254 bis of the same code, introduced into law on 19 September 2008, n. 48.

    Justifying reasoning resides, for this Court, in the same notion of evidence offered by the standard code of procedure, which in article 192 chapter 2 states that “the existence of a fact cannot be deduced from evidence, unless they are serious, precise and concordant”, so that a procedural element, to be elevated to firm evidence, has to present the characteristics of seriousness, precision and concordance, according to a configuration borrowed from the civil law (article 2729, first chapter, civil code).

    This is all summarized in the so called “certainty” requirement of circumstantial, even if such a requisite is not expressly enunciated in article 192 of the code of criminal procedure, chapter 2. It’s about, in fact,  a further connotation considered non-failable in consolidated case law and intrinsically connected to the requirements for systematic evidential proof, through which, using a procedure of formal logic, a demonstration of the proof matter – a previously unknown fact - is achieved flowing from a confirmed fact and, therefore, considered true. It is well understood, in fact, that such a procedure would be, in short, fallacious and unreliable, in cases where it moves from non-precise to serious factual premises and therefore to certain. Given, obviously, the fact that the certainty, discussed here, is not to be understood in absolute terms, in an ontological sense; the certainty of the evidential data is, in fact, always a category of a procedural nature, falling within that species of certainty which takes form during the evidential procedure. (cfr. the Franzoni sentence).

    In the light of such considerations it’s not clear how the data of the genetic analysis – carried out in violation of the prescriptions of the international protocols related to sampling and collection – could be considered endowed with the features of seriousness and precision.

    And in fact, rules for crystallizing of the results from valid samples, strengthened through repeated experimentations and methodical statistical verifications of experimental data, promote the standards of reliability in the results of the analysis both in hypothesis and identity and simple compatibility with a particular genetic profile. Otherwise, no relevance could be attributed to the acquired data, not even of minor evidence (cfr. Section 2, n. 2476 of 27 November 2014, dep.2015, Santangelo, Rv. 261866, on the necessity of a correct conservation of the vessels containing the genetic imprints, for the purpose of “repeatability” of the technical verifications capable of duplicating the genetic profile; repeatability also is dependent on the quantity of the trace and the quality of the DNA present on the biological samples collected; id. n. 2476/14 cit. Rv. 261867).

    In this case, it is certain that these methodological rules have not being fully observed (cfr, among others, ff. 206-207 and the outcomes of the Conte-Vecchiotti survey, acquired by the Court of Appeal of Perugia).

    Just consider, in this regard, the modalities of retrieval, sampling and conservation of the two items of major investigative interest in the present judgment: the kitchen knife (item n. 36) and the brassiere hook of the victim (item n. 165/B), regarding to which, during the process, the conduct of the investigators was qualified as lacking in professionalism (f. 207).

    The big knife or kitchen knife, retrieved in Sollecito’s house and considered as the weapon of the crime, had been kept in a common cardboard box, very similar to the ones used to pack Christmas gadgets, like the diaries normally given to local authorities by credit institutes.

    More singular – and unsettling – is the fate of the brassiere hook.

    Observed during the first inspection of the scientific police, the item had been ignored and left there, on the floor, for some time (46 days), until, during a new search, it was finally picked up and collected. It is sure that, during the period of time between the inspection in which it was observed and when it was collected, there had been other accesses by the investigators, who turned the room upside down in a search for elements of evidence useful to the investigation. The hook was maybe stepped on or moved (enough to be retrieved on the floor in a different place from where it was firstly noticed). And also, the photographic documentation produced by Sollecito’s defense demonstrates that, during the sampling, the hook was passed hand in hand between the operators who, furthermore, wore dirty latex gloves.

    Questioned on the reasons for the absence of a prompt sampling, the official of the scientific police, doc. Patrizia Stefanoni, declared that, initially, the collection of the hook was not focused on because the team had already collected all the clothes of the victim. Therefore, no importance was attributed to that little detail, even if, in common perception, that fastening is the part of major investigative interest, being manually operable and, therefore, a potential carrier of biological traces useful for the investigation.

    Also, the traces observed on the two items, which the analysis of has produced outcomes that will be discussed further, were very small (Low Copy Number; with reference to the hook cfr. ff. 222 and 248), so little that it didn’t allow a repetition of the amplification¸ that is the procedure aimed to “highlight the genetic traces of interest in the sample” (f. 238) and attribute the biological trace to a determined genetic profile. On the basis of the protocols of the matter, the repetition of the analysis (“at least for two times” testimony of Major CC Dr Andrea Berti, an expert nominated by the Appeal Court, f. 228; “three times” according to Professor Adriano Tagliabracci, technical adviser for Sollecito’s defense, f.126) is absolutely necessary for a reliable analysis result, in order to marginalize the risk of “false positive” within the statistical limits of insignificant relevance. 

    In essence, it is nothing less than a procedure of validation or falsification typical of the scientific method, of which we have talked before. And it’s significant, in this regard, that the experts Berti-Berni, officials of the R.I.S. of Roma, carried out two amplifications of the trace retrieved from the knife blade (f. 229).

    In absence of verification for repetition of the investigation data, it is questionable what could be the relevant value to the proceedings, even if detached from the scientific theoretical debate on the relevance of the outcomes of investigations carried out on such scarce or complex samples in situations not allowing repetition.

    The Court is sure that the scientific truth, regardless of elaboration, cannot automatically be introduced in to the process to transform itself into procedural truth. As stated before, scientific proof requires a mandatory postulate, verification, so that the relevant outcome can take on relevance and be elevated to the rank of “certainty”; since otherwise it remains unreliable. But, independent of the scientific evaluation, an unverified datum, precisely because it is lacking in the necessary requirements of precision and seriousness, cannot be granted in the process any evidentiary relevance.

    Certainly, in such a context, is not a zero, to be considered non-existant. In fact, it is still process data, which, although lacking in autonomous demonstrative relevance, is nevertheless susceptible to appreciation, at least as a mere confirmation, within a set of elements already equipped with such inclusive indicative value.

    Therefore hidden here is the judicial error in which the trial judge committed in assigning evidential value to the outcome of the genetic investigation unsusceptible to amplification and resulting from an unorthodox procedure of collection and sampling.

    7.2 In order to clarify any possible misunderstanding in this regard, it is worth considering that if it is impossible to attribute significant demonstrative relevance, in the court process, to outcomes of genetic investigations not repeated and made unsusceptible to repetition, because of scarceness or complexity of the sample,  it is not possible to compensate by way of claiming the efficacy and usability of the “unrepeatable” technical verifications, in case of, as in this circumstance, observance of the defensive guarantees accorded in article 360 of the code of criminal procedure. In fact, the technical investigations to which the procedural rule mentioned are those that – for crystal-clear positive formulation – are related to “persons, things or places the status of which is subject to modification”, in other words situations of any type or category which, according to their nature, are variable, therefore it is necessary to crystallize their status unequivocally even before the preliminary investigation phase, to avoid irreversible modifications with an outcome that under standard procedures is destined to be utilized during the court hearings. This is allowed because the verification to be carried out, especially in cases of impossibility of repetition because of modification of the item to be examined, is still capable of highlighting already-accepted realities or entities equipped with demonstrative value. In this case, despite the observance of the rules expressed in article 360 of the standard code of procedure, the acquired data – not repeated and not susceptible to repetition for any reason – cannot assume either probative or evidential relevance, precisely because, according to the aforementioned laws of science, it requires validation or falsification. So, in one instance the empiric data, when immediately “photographed”, acquires demonstrative significance; while in another instance it’s lacking such a feature, precisely because its indicative relevance is indissolubly bound to its repetition or repeatability.


    Wednesday, October 28, 2015

    TJMK/Wiki Translation Of The Marasca/Bruno Report #5 Of 7: Some “Incongruencies” By Previous Courts

    Posted by The TJMK Main Posters



    Painting by Paride Pascucci of Siena on the theme of justice

    Overview Of The Post and the Series

    This represents pages 32 to 37 of the original, which is 53 pages in total. Machiavelli already posted the final few pages so two posts of 5 pages will see the completion.

    Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.

    Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

    On Further Appeal Grounds

    6. The examination of the motivational structure of the appealed sentenced, the object of multiple claims by the defenses, can now be proceeded with.

    Even from a very first reading, we can identify contradictions, incongruencies and errors in rulings which deeply permeate the whole argumentative structure.

    6.1 Firstly, the judges’ statement is erroneous that the motive for homicide does not have to be determined with precision

    The assumption is not acceptable in relation to the indisputable principle of this regulatory Court (from Section 1, n. 10841 of the 24 September 1992, Scupola, Rv. 192865) regarding the relevance of the motive as bond between multiple elements that the proof has constituted, during evidential procedures like the one examined here.

    Furthermore, the value in this as one of the strengthening elements of the evidence is, obviously, contingent on verification of the reliability coefficient of the evidences, by way of clarity, precision and concordance, with analytic and resulting appreciation of these, individually considered and subsequently placed in a global and unitary perspective (Section 1, n. 17548 of 20 April 2012, Sorrentino, Rv. 252889 in the wake of Section U, n. 45276, Andreotti, Rv. 226094 according to which the “cause”, representing a confirming element of the involvement in the crime of the subject intent on the physical elimination of the victim as it converges in its specificity and exclusivity in an unequivocal direction, nevertheless, but still preserving a margin of ambiguity, in the meantime can work as a catalytic and strengthening element of the evidential value of the positive elements of proof of responsibility, from which can be logically deduced, on the basis of known and reliable experience rules, the existence of an uncertain fact (that is the possibility of attributing the crime to the instigator), when, after analytic examination of each one of them and in the framework of a global evaluation, the evidences in relation to the interpretation supplied by the motive reveal themselves as clear, precise and convergent in their univocal significance).

    This, as will be stated below, cannot be confirmed in this case, because of an evidential compendium which is equivocal and intrinsically contradictory.

    Specifically, none of the possible motives in the scenarios of the appealed sentence have been firmed up in this case.

    The sexual motivation attributed to Guede during the separate procedure against him is not wholesale extensible to the supposed other attackers; for as has been stated before the hypothesis of a group erotic game has not been demonstrated; it is not possible to presume for each contestant a shared or combined motive assuming a sharing in the attack. Such an extension would have to postulate the existence of trusting interpersonal relationships between the contestants, which within the particular and sudden character of the criminal pact would lend verisimilitude to such a move.

    Now, though the sentimental relationship between Sollecito and Knox was fact, and though the girl had occasion to know Guede to some extent, there is no proof that Sollecito would have known or hung out with the Ivorian. On this point it is contradictory and clearly illogical to assume (see f. 91) the unreasonable hypothesis of participation in such a brutal crime with an unfamiliar person by the housemates Filomena Romanelli and Laura Mezzetti (who certainly didn’t know Guede), but not extend this argument to Sollecito, who also seems to have never known the Ivorian.

    6.2. Another error of judgment resides in the supposed irrelevance of the verification of the exact hour of Kercher’s death, considering sufficient the approximation offered by the examinations, even if assumed as correct during the trial pohase.

    With regards to this, Sollecito’s defense has reasons to appeal, since they signaled the necessity of a concrete verification specifically in the evidential proceedings, every consequential implication. Furthermore, the exact determination of the time of Kercher’s death is an inescapable factual prerequisite for the verification of the alibi offered by the defendant in course of the investigation aiming to verify the possibility of his claimed presence in the house at via della Pergola at the time of the homicide. And for this reason an expert verification was requested.

    So, specifically on this point, it is fair to note a despicable carelessness during the preliminary investigation phase. It is sufficient to consider, in this regard, that the investigations carried out by the CID had proposed a threadbare arithmetic mean between a possible initial time and a possible final time of death (from approximately 6:50 PM on 1st November to 4:50 AM on the next day) setting the hour of death approximately at 11-11:30 PM.

    The examinations of the gastrointestinal tract of the victim, who, in the late evening, had consumed a a meal with her English friends, has allowed – once again only with approximation, adjusted during the trial hearings – to much further circumscribe the temporal range.

    The Appeal Court further reduced the temporal range, placing it in the hours between 9 PM of the 1st of November (time of Kercher’s farewell to her friend) and 12:10:31 AM of the next day, on the basis of the recording (resulting from the acquired phone records) of a signal of one of the cellular phones of Kercher intercepted in a telephonic cell covering the area of via Sperandio, where the cellular phones had been abandoned by the perpetrators of the homicide.

    But this observation also suffers from approximation, because at the last indicated time, Meredith Kercher was already dead, even if only for a little time, precisely because the signal was registered in the area where the telephones had been abandoned, after being stolen, shortly after the homicide, within the house in via della Pergola, some hundreds of meters from the place of their retrieval.

    The contestant’s defense has offered, in this regard, a more reliable analysis, backed up by incontrovertible facts.

    From the examination of the telephonic traffic has emerged that, after the departure from her English friend’s house at 9 PM, the young woman had, in vain, tried to call her parents in England, like she used to do every day, while a last contact was registered at 10:13 PM, so that the temporal range has been further reduced to approximately 9:30/10:13 PM.

    7.  The second critical observation, relative to the appealed judgment, introduces the central matter of the judgment value attributable to the results of the scientific examinations, with particular reference to the genetic investigations, acquired in violation of the rules dictated by international protocols.

    The specific question falls within the doctrinal debate on the relation between scientific proof and criminal procedure, in search for an equilibrium between the orientation – which is amenable to certain foreign schools of interpretation – which tends to recognize ever more weight to the science contribution, even if not validated by the scientific community; and the orientation which claims the supremacy of the laws and postulates that, according to the rules of criminal proceeding, only scientific results tested according to methodological standards which are routinely accepted could be considered as relevant here.

    The present cultural debate, even if respecting the principle of free conviction of the judge, also tries to critically revisit the notion, by now obsolete and of dubious credibility, of the judge as a super-expert. In fact, the archaic rule of thumb reflects a cultural model that is not current anymore and instead is anachronistic, at least in the measure of what is supposed to be handled by the judge’s real capacity to manage the scientific knowledge flow that the parties would enter into the proceedings, where, instead, a more realistic configuration wants him completely unaware of that contribution of the knowhow,  the result of scientific knowledge that doesn’t belong to him and cannot – and has not to – belong to him. And this is truer in relation to genetic science, in which complex methods postulate a specific knowledge in the fields of forensic genetics, chemistry, and molecular biology, which are part of a knowledge patrimony very distant from the prevalently humanistic and juridical education of the magistrate.

    But the consequence of the inescapable acknowledgment of such a state of legitimate ignorance of the judge, and therefore of his incapacity of managing “autonomously” the scientific evidence, cannot be his uncritical acceptance, which would be equivalent – maybe for a misunderstood sense of free convincement and maybe also of a misunderstood concept of “expert of experts” – to a substantial renouncement of his role, through totally uncritical acceptance of the expert contribution to which is delegated the resolution of the judgment and therefore the responsibility for the decision.

    But also, in a situation of a one-sided scientific contribution coming from just one of the procedural parties, and thus standardly disposed of by the same judge, this can be welcomed as a paraphrasing in a more or less rational way of the technical argumentations presented to support the procedure, a problem dramatically arises when in a situation of conflicting scientific contributions, the same judge is called upon to settle upon a choice, and, in this case, the paraphrase is more complex, requiring a pertinent and valid motivation to explain the reasons for which an alternative scientific prospection would not be shareable. (cfr. Section 6, n. 5749 of 09 January 2014, Homm, Rv. 258630, according to which the judge who considers to adhere to the conclusions of the expert, in discordance with the ones presented by the defense adviser, even if not obliged to provide, as a reason, an autonomous demonstration of the scientific exactitude of the firstly cited, and the erroneousness, on the contrary, of the others, “he is however called to” demonstrate the fact that the expert conclusions have been valued “in terms of reliability and completeness”, and that the advisers’ argumentations have not been ignored).

    The court considers that this delicate problem, with regard to the present judgment, requires a solution within the general rules which compose our procedural system, and not from elsewhere in an abstract claim of a supremacy of the science over the law or vice versa. The scientific evidence cannot, in fact, aspire to an unconditional endorsement of reliability during the trial proceeding because the criminal procedure rejects every idea of legal proof. Also, known to everyone is that there doesn’t exist a single science, a bringer of absolute truth and immutability throughout time, rather various sciences and pseudo-sciences, both the official ones and the ones not validated by the scientific community because they reflect research methods not universally recognized.

    And therefore the solution to this problem must result from the consideration of principles and rules which regulate the acquisition and the formation of the evidence in the criminal procedure and, then, of criteria which support the relative evaluation.

    The citation points must be ones relating to the adversarial principle and the judge’s control over the path of formation of the proof, which has to respect predetermined guarantees, the observance of which must be a rigorous parameter of the judging and reliability of the relevant outcomes.

    So, a result of a scientific proof can be considered reliable only when examined by the judge, at least with reference to the subjective reliability of those who advance it, and the scientific method employed, and a more or less acceptable error margin, and the objective value and reliability of the obtained result.

    Therefore, observing a method of critical approach not different, conceptually, from the one required for the appreciation of ordinary evidence, aiming to elevate as much as possible the degree of reliability of the legal truth, or alternatively, reduce to reasonable margins the inescapable gap between procedural truth and substantial truth.

    Moreover, in procedures of inductive-inferential logic, which allow one to trace back from the known fact to the unknown one to be proved, the judge, in his full freedom of convincement, can use any element which would work as a bridge or bond between the two considered facts and allow one to trace back from the known one to the unknown one, according to parameters of reasonability and common sense.

    The connection can, therefore, be of the most varied nature: the so called “experience rule”, legitimated by common knowledge or by direct observation of the reality of a phenomenon, which registers the repetitiveness of specific events in constant, identical, determined, conditions; a scientific law, of universal value or more narrowly statistical; a law based on logic, which presides and orients the mental paths of human rationality and anything else useful to the purpose.

    The evidential reasoning which allows passing from the element of proof to the result of proof it is an element of the exclusive competence of the judge of merit, who has obviously to supply a concrete motivation and who, with regards to evidential proof, is required to apply a duplicable confirming scrutiny: a first verification concerning the so called “external justification” by way of which the same judge has to test the validity of the experience rule, or scientific-logic law, or any other rule observed; and a further verification related to the so called “internal justification” through which must be demonstrated, concretely, the validity of the result obtained through the application of the “bridge-rule” (Section 1, n. 31456 of 21 May 2008. Franzoni, Rv. 240764).

     


    Tuesday, October 13, 2015

    TJMK/Wiki Translation Of The Marasca/Bruno Report #4 Of 7: Continuing Dismissal Of Various Claims

    Posted by The TJMK Main Posters



    Another Italian masterpiece on justice (in this case brutal justice, by Caravaggio)

    Overview Of The Post and the Series

    Only two more posts after this one (we promise!).

    Machiavelli already posted what constitutes Part #7 and also the first few paras of this one.

    Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.

    Again this seems like a lot of furious backpedaling away from the imperial, magisterial announcement by Judge Marasca back in late March.

    Our further critiques will be posted separately in Comments and other posts. Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

    On Further Appeal Grounds

    4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(…) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.

    Well, so the “fact” that was ascertained within that verdict, indisputably, is Guede’s participation in the murder “concurring with other people, who remain unknown”. The invoking of the procedural norms indicated means that the usability of such fact-finding is subordinate to [depends on] the double conditions [possibility] to reconcile such fact within the scope of the “object of proof” which is relevant to the current judgement, and on the existence of further pieces of evidence to confirm its reliability.

    Such double verification, in the current case, has an abundantly positive outcome. In fact it is manifestly evident that such fact, which was ascertained elsewhere [aliunde], relates to the object of cognition of the current judgement. The [court’s] assessment of it, in accord with other trial findings which are valuable to confirm its reliability, is equally correct. We refer to the multiple elements, linked to the overall reconstruction of events, which rule out that Guede could have acted alone.

    Firstly, testifying in this direction are the two main wounds (actually three) observed on the victim’s neck, on each side, with a diversified path and features, attributable most likely (even if the data is contested by the defense) to two different cutting weapons. And also, the lack of signs of resistance by the young woman, since no traces of the assailant were found under her nails, and there is no evidence elsewhere [aliunde] of any desperate attempt to oppose the aggressor; the bruises on her upper limbs and those on mandibular area and lips (likely the result of forcible hand action of constraint meant to keep the victim’s mouth shut) found during the cadaver examination, and above all, the appalling modalities of the murder, which were not adequately pointed out in the appealed ruling.

    And in fact, the same ruling (p. 323 and 325) reports of abundant blood spatters found on the right door of the wardrobe located inside Kercher’s room, about 50 cm above the floor. Such occurrence, given the location and direction of the drops, could probably lead to the conclusion that the young woman had her throat literally “slashed” likely as she was kneeling, while her head was being forcibly held [hold] tilted towards the floor, at a close distance from the wardrobe, when she was hit by multiple stab wounds at her neck, one of which – the one inflicted on the left side of her neck – caused her death, due to asphyxia following [to] the massive bleeding, which also filled the breathing ways preventing breathing activity, a situation aggravated by the rupture of the hyoid bone – this also linkable to the blade action – with consequent dyspnoea” (p. 48).

    Such a mechanical action is hardly attributable to the conduct of one person alone.

    On the other hand such factual finding, when adequately valued, could have been not devoid of meaning as for researching the motive, given that [27] the extreme violence of the criminal action could have been seen – because of its abnormal disproportion – not compatible with any of the explanations given in the verdict, such as mere simple grudges with Ms. Knox (also denied by testimonies presented, [even] by the victim’s mother);  with sexual urges of any of the participants, or maybe even with the theory of a sex game gone wrong, of which, by the way, no mark was found on the victim’s body, besides the violation of her sexuality by a hand action of Mr. Guede, because of the DNA that could be linked to him found inside the vagina of Ms. Kercher, the consent of whom, however, during a preliminary phase of physical approach possibly consensual at the beginning, could not be ruled out. 

    Such finding is even less compatible with the theory of the intrusion of an unknown thief inside the house, if we consider that, within the course of ordinary events, while it is possible that a thief is taken by an uncontrollable sexual urge leading him to assail a young woman when he sees her,  it’s rather unlikely that after a physical and sexual aggression he would also commit a gratuitous murder, especially not with the fierce brutality of this case, rather than running away quickly instead. Unless, obviously, we think about the disturbed personality of a serial killer, but there is no trace of that in the trial findings, since there are no records that any other killings of young women with the same modus operandi were committed in Perugia at that time.

    4.3.2.  With regard to the second matter, relative to the option of akkowing – as article 238 bis of the code of criminal procedure allows – declarations “against others” made by Guede in the context of his own procedures in absence of other defendants (with reference to declarations, not always coherent and consistent, during the preliminary investigations and noted in his sentencing reports, somehow involving Knox in the homicide, but never explicitly Sollecito, while continuing to plead innocence, despite the presence in the crime scene and on the victim’s body of multiple biological traces attributed to him), the ruling can only be negative. Such a mode of allowance would result in an evasion of the guarantees dictated by article 526 chapter 1- bis, of the code of criminal procedure, according to which “the defendant’s guilt cannot be proved on the basis of declarations produced by anyone who, in free will, had always voluntarily avoided the examination by the accused or his defense team”. And furthermore, it seems a clear violation of article 111, chapter four. of the Constitution, which dictates identical an prescription in order to harmonize judicial processes according to article 6 letter d) of the European Convention for Human Rights (Section F. n. 35729 of the 1st August 2013, Agrama, Rv 256576).

    In this regard, it appears useful to refer to the principle of “non-substitutability”, accepted by the United Divisions of this Supreme Court under the category “legality of the proof”, meaning that, when the code establishes an evidentary prohibition or an expressed non-usability, it is forbidden to resort to other procedural instruments, typical or atypical, with the purpose of   surreptitiously avoid such obstacle (Section U, n. 36747 of the 28 May 2003, Torcasio, Rv. 225467; cfr,, also, Section U, n. 28997 of the 19 April 2012, Pasqua, Rv. 252893).

    And also during this trial, Guede – asked to speak as contextual witness, following the accusative declarations of the convicted offender Mario Alessi (sentenced for the horrible homicide of a child) – after denying the accusations of the aforementioned, confirmed the content of a letter sent by him to his attorneys which was then, surprisingly, shared with a television news service, in which he accused the current contestants - has then, substantively, avoided cross-examination by the defendants. And in fact, after recognizing the authenticity of the missive, where he denied what was stated by Alessi, regarding some asserted confidences related to the innocence of Raffaele Sollecito and Amanda Knox, he didn’t wanted to be cross-examined by the accused’s defense, claiming his presence (as contextual witness) was limited to the content of Alessi’s declarations, which was with regard to him. So, the non-usability of what he declared – in the part concerning the letter that related to the current contestants – that is not useable in a different procedural context because it was produced absent the prescribed guarantees.

    Furthermore, facing such unmoving and non-cooperative behavior, the appeal judge [Hellmann] did automatically insist on cross-examination of the Ivorian, despite the final irrevocability of the sentence against him, and failed to resolve the incompatibility of speaking in the present proceeding, according to article 197 of the code of criminal procedure.

    And in fact, according to article 197 bis chapter 4 of the same standard code of procedure, he could have not been obliged to depose on the facts for which he had received a sentence, having always denied, during the proceeding against him, his responsibility and, not being able, in any way, to depose on facts involving his responsibility regarding the crime for which he was accused.

    4.4 Finally, continuing on the preliminaries, the matter of standards must be faced, as claimed by the defense, regarding the denial of the claim for renewed court hearings during the appellate trial, on the request of carrying out new external investigations as requested.

    The appeal exception was founded upon the observance of the presumed obligatory nature of the request of evidential integration of article 627, chapter 2, second part, according to which “[….] if a sentence in appeal has been annulled and the parties request it, the judge can order a reviewing of the court hearings by obtaining proofs relevant to the decision”

    Clearly, the letter of this norm is far from the discipline of the regular powers of the appellate judge regarding this matter under article 603 of the code of criminal procedure “non-decidability of the state of proceedings”,  in the hypothesis above in part 1, that the defense request referred to evidences already collected or new; referring to the criteria of article 495, chapter 1, on the hypothesis of new evidences found after the first instance ruling; there is “absolute necessity” of its integration with supplementary investigations, in case of review ex officio, beyond the special subject matter (originally in application and now canceled, according to article 11 law 28 April 2014, n. 67) of the requested review in favor of a defendant absent from the trial in the first instance.

    The Supreme Court here states that the particular formulation of the aforementioned rule does not require the appellate judge, in the hypothesis of annulment of the first instance ruling, to be obliged to renew the court hearings just because the parties request it. A different interpretation would not have a rational basis and, instead, would introduce a dystonic element in the discipline of the institution.

    In fact, the first part of the second chapter of article 627 of the code of criminal procedure highlights that the appellate judge decides with the same powers of the judge whose ruling has been annulled, except only for limitations originating in the law.

    For a harmonic reconstruction that follows the code’s architecture it is imperative, then, to consider that the specific observance of the trial ruling renewed during the appeal judgment should not create an exception to the general requirement dictated in article 603 of the code of criminal procedure.

    Furthermore it is clear that the reference, in chapter 2 of article 627 of the code of criminal procedure, to the assumption of “relevant” evidence for the decision constitutes a mere repetition, given that the trial judgment is, necessarily, central to the evaluation by the appeal judge charged with the requirement of evidentiary integration and the same appreciation of absolute necessity inspiring the appeal. And in fact, in case of renewing of the trial hearings on appeal no evidence that is not “relevant” to the decision may enter the proceeding; and the same thing applies, more generally, to the whole evidential section of the criminal proceeding, according to the fundamental principle stated in article 190 of the standard code of procedure, according to which the judge has to approve the evidence requested by the parties, excluding, beyond the instances prohibited by the law, any “manifestly irrelevant or unnecessary” evidence.
    In this sense, with this clarification, it is worth, therefore, restating the orientation expressed, regarding this matter, by this Supreme Court on similar occasions

    (Section 5, n. 52208 of 30 September 2014, Marino, Rv. 262116, according to which “the appellate judge, charged with the proceeding following the annulment declared by the Court of Cassation, is not obliged to reopen the court hearings every time the parties demand this, because his powers are identical to the ones of the judge whose sentence was annulled, and he has to accept assumption of the suggested new evidence only if it is necessary for the new decision” according to article 603 of the code of criminal procedure, and article 627, second chapter, of the code of criminal procedure; Section 1, n. 28225 of 09 May 2014, Dell’Utri, Rv. 260939; Section 4, n. 20422 of 21 June 2005, Poggi, Rv, 232020; Section 1, n. 16786 of 24 March 2004, De Falco, Rv. 227924)

    Also, without question, the use of the powers conferred upon the appellate judge regarding new investigation, has as always to be concretely motivated and the relative motivation is, of course, again contestable by the Supreme Court.

    In this specific case, the appeal judge [Nencini] has given a concrete reason for denying further evidentiary incorporation, considering it irrelevant for his decision purpose.

    Furthermore the motivations for the denial of appeal implicitly emerged from the judge’s motivational construct, which declared complete the evidentiary compendium.

    Furthermore, there is no reason to assumne, even within the specific appellate judgment, that the general principle of neutral expertise separated from the viewponts of the parties and remitted to the discretional power of the judge, was not observed because “it doe not come within the category of decisive proof and the consequent ruling of denial is not arguable according to article 606, chapter 1, let. d), of the code of criminal procedure, because it represents the result of a factual judgment which, if supported by adequate motivation, cannot be reversed by Cassation” (Section 6, n. 43526 of 3 October 2012, Ritorto, Rv. 253707).

    5. Now having resolved, in the sections above, the defense’s prejudicial claims,  and the preliminary standard ones, the “merit” of the judgment can now be considered, in relation to the substance of the appealed matters

    Firstly, it has to be assumed that, according to the loss of rights claimed under point b), relative to the charge of illegal carrying of the knife, this is now beyond the statute of limitations.

    This has to be accepted, even in absence of more favorable reasons for acquittal on the merit, referring to article 129, second chapter, of the code of criminal procedure, and also the declarations of guilt in the trial sentence and the second appeal court.

    Moreover, according to the undisputed decision of this Court of Cassation “the acquittal formula on the merit prevails on the statute of limitations in appeal cases where, with a mere analysis, the absolute absence of the proof of guilty against the defendant that is in fact positive proof of innocence can be observed, though not in the case of mere contradiction or insufficiency of the evidence which requires a pondered judgment between opposing conclusions, n.10284 of 22 January 2014, Culicchia, Rv. 259445).


    Tuesday, October 06, 2015

    TJMK/Wiki Translation Of The Marasca/Bruno Report #3 Of 7: Dismissal Of Appeal Claims, Nencini Scope

    Posted by The TJMK Main Posters




    Overview Of The Post and the Series

    The purpose of the series was summarised in Post #1.

    With this post we are about 3/4 of the way through the judgment and here Marasca and Bruno push aside both some of Knox’s and Sollecito’s grounds of appeal and also Judge Nencini’s chosen scope.

    This is done in a manner remarked on by Catnip as curiously pedantic and dogmatic. It is based largely on innuendo and a noticeably weak grasp of the real facts - for example the jailbirds Alessi and Aviello were DEFENSE witnesses and hardly a weakness of the prosecution case.

    The evidence discussed is cherrypicked and the bar for “beyond a reasonable doubt” is set way higher than judges who normally handle murder cases (as the Fifth Chambers and these particular judges do not) would ever espouse. The exhaustive six-step review process prior to the 2009 trial is totally ignored.

    Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.

    Our further critiques will be posted separately in Comments and other posts. Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

    CONSIDERED THAT

    1. Logical and exposition reasons call for an immediate examination of the preliminary matters advanced by the defenses.

    In fact, these are issues of prejudicial relevance, since they are potentially capable of influencing the subsequent developments of decisions which, even if devoid of substantial definitiveness, could nevertheless have a decisive effect, at least in relation to the remand back to the lower court and postponement of the present consideration.

    First of all, we will address the issue of constitutional legitimacy of the combined provisions of articles 627 par. 3, and 628 par. 2 of the code of criminal procedure, for supposed violation of the principle of reasonable length of the judicial process in light of article 111 of the Constitution; also the request to delay judgment until the decision of the European Court for Human Rights, subjected to an appeal submitted by the defense of Amanda Knox complaining about coercive treatment to which the aforementioned was supposed to have been exposed by the investigators during the preliminary investigations; also to the multiple requests of Raffaele Sollecito’s defense to refer examinations to the United Sections of this Supreme Court [a panel of all Chambers] about matters of particular relevance to their capability to generate interpretative alternatives in the case law of this Court.

    2. All the requests are clearly unfounded.

    2.1. Unfounded, first of all, is the restated issue of constitutional legitimacy of the laws that rule judgment by the courts after Supreme Court remand. And in fact, the motivating report of the previous [a quo] judge [Nencini, ed.], who, with the preliminary court order dated 30 September 2013, has considered the matter as clearly unfounded, is irreproachable. To the arguments brought forward [by the judge] in relation to the first matter – an illustration of how the dynamics of the relationship between a judgment of annulment on legitimacy grounds, and a replacement judgment by the lower judge after remand, are guided by a progressive narrowing of the thema decidendum [matter], which, serves to preclude an extension ad infinitum of the trial process – this can be added: the effect of the progressive delimitation of the res iudicanda is followed by the judiciary as a possible result not only of the rescinding [annulling] judgment, but also of the requirements of article 628, par. 2, of the procedural code, according to which in all cases the sentence of the appellate judge can be challenged only in relation to reasons not concerning points already decided the Court of Cassation, or for failure to abide with the requirements of article 627, chapter 4 , of the code of criminal procedure, according to which “the appellate judgment by the court following Supreme Court remand cannot reopen the issue of nullity, even absolute, or inadmissibility, decided during previous trials or during preliminary investigations.”

    Thus legitimacy jurisprudence is prohibited to extend as far as non-usability, since it is considered as an expression of a general principle of the decree which tends to confer definitive status to the decisions of the Court of Cassation (Section 5, n. 10624 dated on 12 February 2009, Barbara, Rv. 242980; Section 5, n. 36769 dated on 03 September 2006, Caruso, Rv 235015; Section 1, n. 22023 of the 18 April 2006,  Marine, Rv. 235274; and, about preliminary judicial review, Section 6, n. 47564 of the 14 November 2013, Tuccillo, Rv. 257470; contra, Section 3, n. 15828 of the 26 November 2014, Rv. 263343).

    It is thus perfectly acceptable to affirm that the legislative [parliament] has designed a procedural module with a progressive foundation (principle of so-called “progressive ruling”), which can be viewed – in a slice of time – as “concentric circles”.

    Furthermore, the previous court – in the instances described in the appeal document signed by the lawyers Ghirga and Della Vedova – had already had the opportunity to take care of this matter, declaring it inadmissible on the basis of argumentations that the current defensive explanations doesn’t seem capable of rebutting, since they do not proffer arguments that could possibly promote a different deciding conclusion.

    It cannot be ignored that the criminal trial is, constitutionally, aimed at the acknowledgement of the material truth by means of a cognitive progression, excluding possible errors in procedendo or in iudicando, medio tempore occurring, to reach its final purpose, in terms of approximation as close as possible to that objective, [20] rendering back to the community a result commonly intended as “judicial truth”, that means truth found procedurally (rectius, the one which has been possible to verify by means of the ordinary gnostic and inferential instruments at disposal of the judge). All of this, within the ineluctible contexts of the procedural formalities, which represent, obviously, the maximum expression of juridical civility and the prestigious spirit of a centuries old process of advancement of procedural knowledge typical of the Italian juridical culture.

    And when one deals with, as in this case, matters of particular evidence in absence of direct proof, or of reliable technical-scientific contribution, or of pertinent and usable declarative contributions – the judicial truth, detached from factual reality, ends up being a mere fictio iuris, considering the limits and the ordinary subjectivity of the instruments of human knowledge, commonly depending on a reconstructive and re-elaborative process a posteriori.

    So, it is precisely in this circumstances that the respect of standards is most necessary, representing an unswerving parameter – objective and privileged – for the verification of correctness and adequacy of the cognitive process of the judge during the pragmatic approach to the material truth.

    And the Judge of the legitimacy is, in fact, called to attend to the aforementioned verification with cognitive powers only ab extrinseco, meaning that they are limited to a mere external check of the formal correctness, congruency and logical coherence of the set of explanations justifying that cognitive progression, without any possibility to observe the real demonstrative importance of the evidential elements used in it.

    And furthermore, such pursue of finalization will have to comply with the constitutional principle under article 111 of the Constitution about reasonable length of a trial process intended to develop through phases and predetermined sequenced articulations.

    The pursue of that ultimate purpose (seeking of the material truth) – particularly in trials of particular delicacy like the one examined here, of such difficulty in carrying out of procedural activities, and technical investigations of particular complexity – has therefore to be related to the necessity of a judicial reply of a length as short as possible, for the obvious necessity of respect for the value of the subjects involved and of the ineluctible claim for justice both of the victims and the community.

    2.2. The request of Amanda Knox’s defense aimed at the postponing of the present trial to wait for the decision of the European Court of Justice [sic] has no merit, due to the definitive status of the guilty verdict for the crime of calunnia, now protected as a partial final status, against a denouncement of arbitrary and coercive treatments allegedly carried out by the investigators against the accused to the point of coercing her will and damaging her moral freedom in violation of article 188 of penal procedure code. [21]

    And also, a possible decision of the European Court in favor of Ms. Knox, in the sense of a desired recognition of non-orthodox treatment of her by investigators, could not in any way affect the final verdict, not even in the event of a possible review of the verdict, considering the slanderous accusations that the accused produced against Lumumba consequent to the asserted coercions, and confirmed by her before the Public Prosecutor during the subsequent session, in a context which, institutionally, is immune from anomalous psychological pressures; and also confirmed in her memoriale, at a moment when the same accuser was alone with herself and her conscience in conditions of objective peacefulness, sheltered from environmental influence; and were even restated, after some time, during the validation of the arrest of Lumumba, before the investigating judge in charge.

    2.3. Finally, denied also is the request from Sollecito’s defense seeking to obtain referral to the United Sections of this Court of matters related to the evidential value of scientific results acquired in violation of international protocols which contain specific prescriptions meant to assure the genuineness of the sampling and the analysis; also related to the standards of evaluation of expert testimony during the trial process under strong media exposure; also related to the usability of accusative declarations reported in the verdict that had been acquired according to article 238–bis of the procedure code.

    These are, clearly, matters of particular weight, of some agreed relevance for purposes of defining the present judgment, but of dubious capacity to generate potential jurisprudential contrasts. Anyway, interpretative tangles are checked out here which this Court could not ignore, with the pertinent conclusion having binding effectiveness within the purpose of defining the present proceeding.

    3. Having thus stated, the main topic of the present proceeding can now be approached, the leitmotiv of the claims of the contestants, revolving around a prejudicial claim of inobservance, on the part of the [Florence] appeal judge, of the dictum of the [2013] annulment ruling by this Court and the principle of law established within it.

    The investigation requested to this Court is only apparently simple, considered that the ratio decidendi of the annulment ruling is founded on the finding of a manifest illogicality of the rationale supporting the appealed judgement; a finding which consists – and specifies itself – in the observation of a violation of the principles of completeness and of non-contradiction.

    It is an established jurisprudential rule that, in presence of such reasoning for an annulment, derived from a deficit in the reasoning, the new appeal judge [giudice di rinvio] is tasked with the comprehension of the whole body of evidence, which he is expected to revisit [22] in full freedom of conviction, without any bound, being only supposed to produce, as a result, a reasoning deprived of those flaws of manifest illogicality or manifest contradiction which caused the annulment of the first appeal verdict. In the case law of this Court of Cassation there is, in fact, the recurrent statement “following an annulment for incorrect reasoning, the new appeal judge is prohibited from basing the new decision on the same arguments considered illogic or inconsistent by the Court of Cassation, but he is however free to reach, on the basis of different argumentations from the ones claimed in the Supreme Court therefore integrating and completing the ones already issued, the same judicial result of the annulled ruling. This because it is an exclusive task of the courts of merit to reconstruct the resulting facts from the trial findings, and to assess the signification and value of the relative sources of evidence”. (among others, Sect 4, n. 30422 of 21 June 2005, Poggi, Rv. 232019; Section 4, n. 48352 of 29 April 2009, Savoretti, Rv 245775).

    A problem – suggested with appreciable discretion within the new reasons [of appeal] in favor of Knox – appears when, as in this case, the Court of Cassation has entered in the merits, going beyond the institutional limits assigned to it, such as when for example it offers a range of causal alternatives for the murder and assigns to the judge the task of picking, within that predetermined numerous clausus, the one most appropriate to the case at bar. There’s no doubt, in the opinion of this panel, that in such peculiar event the new appellate court cannot consider itself either bound or influenced, because of the aforementioned clear problem of this institutional kind, that, for what was stated before, exists between cognizance of legitimacy and cognizance of the fact, the latter being the exclusive prerogative of the judge of merit. In this regard the Supreme Court has already given its contribution, stating that the new appellate judge cannot be influenced “by evaluations possibly over-stated by the Court of Cassation in its argumentations, since the spheres within which the respective evaluation are carried out are different, and it is not the task of the Court of Cassation to put its conviction before the judge of merits in regards to those matters. After all, in those cases where the Supreme Court possibly focus its attention over some specific aspects from which the lack or the contradiction of reasoning emerges, this doesn’t mean that the new appellate judge would be tasked with a new judgment only on the specified points, because the judge retains the same powers which originally belonged to him as a judge of merits in relation to the identification and evaluation of the trial data, regarding the point of the verdict affected by annulment” (Section 4 n.30422/2005 cit.). In the same sense it was stated that “… possible factual elements and assessments contained in the annulment ruling are not binding for the new appellate judge, but are considered exclusively as a reference point in order to position the complained-about error or errors, [23] and therefore not as data imposed for the decision requested of him; moreover, there’s no doubt that, after the ruling of annulment for incorrect reasoning through the indication of specific points of deficiency or contradiction, the powers of the new appellate judge cannot be restrained to the examination of the single specified points, as if they were isolated from the rest of the evidential material, but he must also carry out other acts of evidence-finding on which results his decision has to be based, providing the reason for this within the judgment report” (Section 4, n. 44644 of 18 October 2011, defendant F., Rv. 251660; Section 5, n. 41085 of 3 July 2009, defendant L., Rv. 245389; Section 1, n. 1397 of 10 December 1997 dep. 1998, Pace, Rv. 209692).

    All of this is the background to a reiterated doctrine of this Court of Cassation, consolidated to the point of constituting a ius receptum, according to which “the powers of the new appeals judge are different depending on if the annulment has been ruled for violation or erroneous application of the criminal code, or for absence of manifested illogicality of reasoning, since, while, in the first hypothesis, the judge is bound to the law principle expressed by the Court, without changing the evaluation of the facts as they were found by the appealed verdict, in the second hypothesis, a new examination of the evidential compendium can be carried out, without repeating the same incorrect reasoning of the annulled order. (among the others, Section 3, n. 7882 of 10 January 2012, Montali, Rv. 252333).

    3.1. As we will see, the appeals judge [Nencini] was influenced on many points by the suppositions of factual aspects emerging within the annulment judgment, as if the convincing and analytic evaluations of the Supreme Court were unavoidably converging in the direction of affirmation of guilt of the two defendants. Being misled by this error, the same judge encounters clear logic inconsistencies and obvious errors in iudicando, which need to be challenged here.

    4. Meanwhile, it can’t be ignored, on a first summary overview, that the history of these proceedings is characterized by a troubled and intrinsically contradictory path, with the only fact of irrefutable certainty being the guilt of Amanda Knox regarding the slanderous accusations against Patrick Lumumba. On the concern of the murder of Kercher, the declaration of guilt of Knox and Sollecito, in first instance, was followed by a ruling of acquittal from the appeal Court of Assizes of Perugia, consequent to an articulated evidential integration [the Conti-Vecchiotti report, ed.]; the annulment by this Supreme Court, First Criminal Section; and finally the judgment, on appeal, of the Court of assizes of Florence, today considered under a new Cassation appeal.

    An objectively wavering process, the oscillations of which are the result of glaring failures or investigative “amnesias” and of culpable omissions in [24] investigating activities, which, had they been carried out, would have, probably, allowed from the start the outline a framework, if not of certainty, at least of reassuring reliability, in direction of either the guilt or the non-involvement of the current appellants. Such scenario, intrinsically contradictory, constitutes a first, eloquent, representation of an evidential set of anything but “beyond reasonable doubt”.

    4.1. Surely, an unusual media fuss about the crime, caused not just by the dramatic modalities of the death of a 22-year old woman, so absurd and incomprehensible in its genesis, but also by the nationality of the persons involved (a USA citizen, Knox, accused of participating in the murder of her housemate who was sharing a foreign study experience with her; an English citizen, Meredith Kercher, killed in mysterious circumstances in the place where she likely used to feel most safe, her home, and additionally the international implications of the case itself, prompted the investigation to suffer from a sudden acceleration, which, in the spasmodic search for one or more culprits to be delivered to international public opinion,  surely didn’t help the search for substantial truth, which, in complex murder cases like the one examined here, has an ineluctible requirement both for accurate timing, and also the completeness and accuracy of the investigation activity. Not only that, but also, when – as in this case – the result of the search is greatly based on the results of scientific examinations, the antiseptic sampling of all the elements useful to the investigation – in an environment provided of the appropriate sterilization, so to shield it from possible contaminations – constitutes, normally, the first cautionary strategy, itself the vital prelude to a correct analysis and “reading” of the retrieved samples. And if the key part of the activity of technical-scientific research consists in specific genetic investigations, whose contribution in the investigative activity emerges as more and more relevant, the reliable parameter of correctness can only be the respect of standards imposed by the international protocols which outline the fundamental rules of procedure of the scientific community, on the basis of statistic and epistemological observation.

    The rigorous respect for such methodological standards provides a reliability, conventionally acceptable, in the assembled results, firstly related to their repeatability – that is the possibility that those findings, and those alone, would be reproduced by an identical investigative procedure 0in identical conditions, according to the fundamental laws of the empiric method and, more generally, of experimental science, that since Galileo has been based on the application of a “scientific method” (typical procedure meant to obtain knowledge of “objective” reality, reliable, verifiable and sharable; by common knowledge this consists, on one hand, in the collection of empiric data in relation to the hypothesis and theories to be confirmed; on the other hand, in the mathematical and rigorous analysis of such data, that is associating – as stated for the first time by aforementioned Galileo – “sensible experiences” with “necessary demonstrations” that is the experimentation with mathematics.

    4.2. As we will see, all of this is basically missing in the current judgment.

    Not only that but, the media attention, besides not helping the search for the truth, has produced further prejudicial feedback in terms of “procedural diseconomy”, generating undue “noise” (in the IT meaning) , not so much from the delay of the availability of witness testimony from certain persons (considering that from this point of view it is anyway just a matter of verifying the reliability of the corresponding declarative contributions), but because of the introduction into the trial of extemporary declarations by certain detained subjects, of solid criminal caliber [defense witnesses Alessi and Aviello], surely intent on self-serving mythomania and judicial attention-seeking behavior capable of assuring them a media stage, including on TV, so breaking at least for one day the grayness of their prison regime. And by the way this was a common instance of claims from “fetchers” of truths collecting within the prison environment unworthy confidences between co-inmates during the routine yard time. Clearly not commendable situations, which, also, had had the outcome of assuring – for the first time during the appeal – the active participation in this case of Rudy Guede (when he was summoned during the first instance judgment, he invoked his right to not respond; p. 3): [he’s] a key element in this case, even if unshakably reticent (and has never confessed), a bringer of half-truths differing from time to time.

    Rudy Guede is the Ivorian citizen who was also himself involved in the Kercher case. Tried separately with a separate judgment, as a co-participant to the murder, he was sentenced, at the end of an abbreviated trial, to the penalty of thirty years imprisonment, reduced on appeal to sixteen years.

    Our mention of him is to make it worth introducing the second, irrefutable, certainty of this trial (after the one concerning the responsibility of Knox for the crime of calunnia), that is the guilt now under irrevocable ruling, of the Ivorian as the author – participating with others – of the murder of the young English woman.

    The finding of guilt of the aforementioned was reached on the basis of genetic traces, definitely attributable to him, collected in the house in via della Pergola, on the victim’s body and inside the room where the murder was committed.

    4.3. The same reference [to Guede] also raises two relevant points of law, highlighted by the defense: one concerning the usability and the value of the aforementioned irrevocable verdict in this proceeding; the other related to the usability of the declarations - in terms less than coherent and constant – produced by Guede within his own trial, which may involve the current appellants in some way.


    Monday, September 28, 2015

    TJMK/Wiki Translation Of The Marasca/Bruno Report #2 Of 7: Summaries Five And Six

    Posted by The TJMK Main Posters



    “Justice and Peace” by Corrado Giaquinto 1762. Click here to go straight to Comments.

    Overview Of The Post and the Series

    The purpose of the series was summarised in Post #1.

    With this post we are 2/5 of the way through the judgment and summaries of the appeal grounds still continue. These are new grounds by Knox’s and Sollecito’s teams.

    As previously, Sollecito’s team throw in everything but the kitchen sink. Knox’s new grounds are about 1/4 of that length, and mainly request that Knox’s appeal to ECHR Strasbourg be awaited before this verdict comes down.

    Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.  Our own critiques will be posted separately in Comments and other posts.

    Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

    1. Further Knox Appeal Grounds

    4.1. In favor of Knox, two further reasons were submitted.

    In the first one, objected to is the violation of article 606 lett. a), b) e) of the code of criminal procedure, criticizing the entire reasoning process of the appealed verdict, which exceeded the fixed standard of the - already exorbitant - annulment ruling , with violation of articles 627 par. 3, and 623 of the code of procedure. Criticized, particularly, is the anomalous examination of the merits within the annulment ruling.

    In the second reason, objected to is the contradiction and manifest illogicality in the rationale according to article 533 of the code of criminal procedure.

    And at the end, a delay of the judgment is proposed while waiting for the decision of the European Court of Human Rights, following the presentation to the international judicial body on the appeal of 11.22.2013, for alleged violation of the right to an equal trial, according to the article 6 par. 3 lett. a/c ECHR; for alleged violation of defense rights, according to the article 48 par. 2 of the Chart of Fundamental Rights of the European Union; and for the violation of the prohibition on torturing, according to the articles 3 ECHR and 4 of the Chart of Fundamental Rights of the European Union.

    2. Further Sollecito Appeal Grounds

    4.2 Also Sollecito’s defense proposed new reasons, listed as follows.

    The first new reason challenges the incorrect reasoning on the time of Kercher’s death. As defense has stated a careful examination of objective elements would have allowed the setting the time of death in a period of time between 9-9:29 and 10:13 PM.

    The exact determination of the time of death [exitus] was fundamental to proving the actual presence of the accused at the crime scene, at the time of the aggression.

    In particularl the examination carried out on the victim’s cell phone revealed subsequent contacts between 9 and 9:13 PM, as reported in the Pellero report on the SMS and the aforementioned cellular phone. This would have allowed acquiring – if not the certainty of the young English woman being alive until 10:13 PM, considering the possibility of accidental phone connections – at least useful information in this regard.

    More precisely, the following contacts took place during the considered period of time:

    1) a first call, at 8:56, to her home number, in England, remained unanswered and not followed by a new call, strange considered the habits of the girl, who was used to calling her family every day;

    2) another contact, maybe accidental, at 9:50 PM, on a voice mail, lasted a few seconds, without waiting for an answer;

    3) a contact, at 10PM, with the English bank Abbey, which failed obviously because it was not preceded by the international prefix;

    4) at 10:13, an SMS was received by the cellular phone, in the place where it was abandoned, in via Sperandio.

    On the other hand, the examination carried out on Sollecito’s computer registered an interaction at 9:20 PM and a subsequent one at 9:26 PM, not found by the postal police, but discovered by the defense expert D’Ambrosio by means of a different operative system application (MAC), for the watching of an animated cartoon (Naruto) of the length of 20 minutes, demonstrating that Sollecito was at home until 9:46.

    This helps to demonstrates the non-involvement of the accused, also evident from the Skype contact occurred between Guede and his friend Benedetti.

    To be sure, a new IT analysis by judge-appointed experts would have been necessary, as requested in vain by the defense.

    The previous [a quo] judge, then, also committed an obvious misrepresentation in the evaluation of Curatolo’s testimony, not realizing that the declarations of the witness were, actually, in favor of the accused, especially in the part where he states to have seen the couple in piazza Grimana at 21:30 PM until 12:00 AM. Therefore, there was an internal contradiction of the judging: it wasn’t true what was stated at p. 50 concerning the supposed absence of extrinsic elements confirming that the two accused, from 9:30 PM to 12:30 PM of the next day,  would have been in a different place than the one where the homicide took place.

    Within the reconstruction of the crime, then, it was not taken in account that witnesses Capezzalie and Monachia located the harrowing scream that they heard at a time around 11 – 11.30 PM. However, Ms. Capezzali was contradicted by other witnesses, residents of the area, who declared they didn’t hear anything.

    Furthermore, not examined was the video clip captured by the camera placed near the parking lot which had filmed the passing by of a person similar, in features and clothes, to Guede. The time of filming was 7:41 PM, though 7:39 PM effectively because of a clock error of 12 or 13 minutes.

    Also the autopsy, in observing the gastric situation, allowed the fixation of the hour of death between 9:30 and 10 PM. Furthermore, during the cross-examination hearing, the forensic pathologist Dr. Lalli rectified an error contained in his technical report, pointing out that the time of death would have had to be set not at “not less than 2-3 hours from the last meal (that took place around 6 PM, with the English friends)” but at “not more than 2-3 hours from the last meal”.

    Considered this uncertain conclusion, a new analysis by judge-appointed experts [perizia] was requested in vain, in the new reasons for appeal, dated 29 July 2013.[17]

    So, in the light of the trial data, as stated by the defense, the time of death of the young English woman would have had to be approximately set between 9 and 10:13 PM.

    The second new reason challenges the failure to order a judge appointed experts review [perizia] in order to verify or otherwise the possibility of a selective cleaning of the crime scene which would have removed only the traces referable to the two accused, leaving only Guede’s ones. In fact, in Kercher’s room multiple traces of Guede were found but none of Sollecito.

    Incorrect reasoning is also suggested on the supposed alteration of the crime scene by the accused. It was not, however, considered that Sollecito had no interest in polluting [the scene].

    The third reason challenges a flaw in rationale regarding the plantar imprints presumed as female footprints (size 37 EU) demonstrating a participation of more than one person in the crime.

    With reference to the imprints, there was an obvious error in the judgment, also present in the judgment of annullment of Cassation (p. 21), considering that the only imprint retrieved in Kercher’s room belonged to Guede.

    The fourth reason again claims violation of the law, with reference to the article 606 lett. c) and e) regarding the evidence on the participation to the crime and the violation of the articles 111 Const, 238, 513 and 526 of the code of penal procedure on the usability of the interrogation of Guede and the observance of the evaluation standards on a charge of complicity.

    The fifth reason claims misrepresentation of the evidence and manifest illogicality, related to the results of the genetic investigation on the knife (item 36) and also on the supposed “non-incompatibility” of the instrument with the most serious wound observed on the victim’s neck. Claimed further is the violation of the evaluation standards of evidence according to article 192 of the code of criminal procedure.

    The sixth reason claims lack of rationale, because there was no consideration of the violation of the international recommendations on the sampling and examination of traces of small entity and the interpretation of the results. Also claimed is misrepresentation of the evidence and manifest illogicality of reasoning on the results of the genetic examinations carried out on the kitchen knife and also violation of the proof evaluation standards, according to the article 192 of the code of procedure.

    The seventh reason claims incorrect reasoning with reference to the violation of the international recommendations on the sampling and analysis related to the genetic examinations carried out on the brassiere hook (item 165 B) and the objected-to contamination of the item, after the inspections carried out by the Criminal Investigation Department.

    The eighth reason challenges the violation of articles 192 and 533 of the code of criminal procedure on the interpretation of the genetic examination on the item 165 B and lack of rationale on the objected violation of the international recommendations in matter of interpretation of mixed DNA.[18]

    The ninth reason challenges a violation of article 192 of the code of criminal procedure and manifest illogicality of evidence for misrepresentation of the scientific investigation, considering the failure of the DNA proof in this case.

    The tenth reason challenges a manifest illogicality in the motivation in the luminol evidence related to the supposed presence of blood imprints in areas of the house of via della Pergola and also on the bathmat, and manifest illogicality of rationale related to the mixed traces of Knox and Kercher and the evaluation of the circumstantial evidence in relation to the participation of more than one person to the crime.

    The eleventh reason challenges a manifest illogicality or contradictory nature in the motivations related to the evaluation of the motive of the murder.

    The twelfth reason argues the same incorrect reasoning and misrepresentation of the evidence related to the time of the 112 call.

    The thirteenth reason argues the same incorrect reasoning in relation with the alibi and the supposed tentative of Sollecito to cover for the supposed co-perpetrator Amanda Knox.

    The fourteenth reason challenges the violation of the law principles stated by Cassation and the violation of the judicial standards of “beyond reasonable doubt” according to article 533 of the code of criminal procedure.


    Saturday, September 26, 2015

    TJMK/Wiki Translation Of The Marasca/Bruno Report #1 Of 7: The Four Opening Summaries

    Posted by The TJMK Main Posters



    More judicial artwork in the Supreme Court. Click to go straight to Comments.

    1. Overview Of The Post And Series

    This is about one-quarter of the report. These sections summarize the crime against Meredith, the legal process, and the appeals Knox and Sollecito filed with Cassation in 2014.

    This is our second translation post after this one which showed that Knox and Sollecito were NOT found innocent, far from it.

    They were in fact confirmed as being at the scene of the crime, as were Guede and a presumed two others, and lying about it, though for supposed reasons not even the defenses had ever argued.

    Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report. Resisted was any attempt to employ more fluent English because the Italian itself is far from fluent or coherent.

    We’ll post critiques separately in Comments and other posts except for this one.

    Notable for its absence is any attempt to explain why the Fifth Chambers pushed aside the First Chambers to handle this murder case, and why in that process at least two laws (bedrock articles of the judicial code) seem to have been broken.

    They seem to have been tasked only to assess whether the appeal should be handled by a joint arrangement of all Supreme Court Chambers because of claims by defenses that the unusual amount of publicity and supposed legal complexity required that.

    Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

    2. The Four Opening Summaries

    1. Summary Of The Crimes Against Meredith

    This is the original language of Marasca and Bruno. It is their take on the prosecution.

    1. Raffaele Sollecito and the United States citizen Amanda Marie Knox were called to account, before the Perugia Court of assize, for the following crimes:

    A) within the meaning of Articles 110, 575, 576, first clause , number 5, in relation to the crime sub C) and 577, first clause number 4, in relation to article 61 n. 1 and 5 of the penal code, to have, in conjunction between them and with Guede Rudi Hermann, killed Kercher Meredith, by means of choking and subsequent breaking of the hyoid bone and profound lesion on the left anterolateral and right lateral neck region, caused by a piercing and cutting weapon mentioned in section B), and meta-hemorrhagic shock with observable asphyxical subsequent to the bleeding (caused by the puncture and cutting wounds present on the left anterolateral and right lateral region of the neck and the contextual aspiration of hematic material), and taking advantage of the nocturnal hour and the isolated location of the apartment inhabited by Kercher and the same Knox, as well by two other Italian girls (Romanelli Filomena and Mezzetti Laura), an apartment located in Perugia, in via della Pergola number 7, committing the act for futile reasons, while Guede, with the conjunction of the others, committed the crime of sexual violence;

    B) within the meaning of Article 110 of the penal code and 4 law number 110/1975 to have, in conjunction between themselves, brought out of the house of Sollecito, without a justified reason, a big puncture and cutting knife with a total length of 31 cm (seized from Sollecito the 6th of November 2007, exhibit 36);

    C) within the meaning of Article 110, 609 bis and ter no. 2 of the penal code to have, in conjunction between themselves and with Guede Rudi Hermann (Guede as material executioner, in conjunction with the co-accused) forced Kercher Meredith to endure sexual acts, with manual and/or genital penetration, by means of violence and threast, resulting in constraining maneuvers which produced lesions, particularly on the upper and lower limbs and on the vulvar region (ecchymotic suffusions on the fore side of the left thigh, lesions on the vestibular-vulvar area and ecchymotic areas on the fore side of the medial third of the right leg) as well as the use of the knife described in point B; 

    D) within the meaning of Article 110, 624 of the penal code, acting together, acquiring an unjust profit, in the circumstances of time and place described in point A) and C), took possession of the sum of approximately € 300.00, two credit cards, of Abbey Bank and Nationwide, both from United Kingdom, and two cellular phones owned by Kercher Meredith, stolen from the aforementioned; fact to be qualified within the meaning of article 624 bis of the penal code,  the place of execution of the crime cited in point A) referred to here.;

    E) within the meaning of article 110, 367 and 61 n. 2 of the penal code to have, acting together, simulated the attempted burglary and entering of the room of the apartment in via della Pergola, inhabited by Romanelli Filomena, breaking the window glass with a stone found in the vicinity of the house and subsequently dropped in the room, near the window, all of this to obtain impunity from the crimes of homicide and sexual violence, trying to ascribe them to unknown persons who broke in, for this purpose, into the apartment;

    All this took place in Perugia, during the night between the 1st and 2nd of November 2007.

    Knox only, furthermore, regarding the crime mentioned in point F), within the meaning of article 81 cpv, 368, clause 2, and 61 n. 2 of the penal code, because, with multiple actions within the same criminal plan, knowing that he was innocent, with statements filed during declaration to the Flying Squad and the Police of Perugia on the 6th of November 2007, she falsely blamed Diya Lumumba called “Patrick” for the murder of the young Meredith Kercher, all of this to obtain impunity for everyone and particularly for Guede Rudi Hermann, colored as is Lumumba; in Perugia, during the night between the 5th and the 6th of November 2007.

    2. Summary of The Legal Process 2009-2014

    This is the original language of Marasca and Bruno. It is their take on the 2009 trial, the 2011 Hellmann appeal, the 2013 Supreme Court appeal, and the 2013 Nencini appeal.

    By judgment of 4-5 December 2009, the Court of assize declared Amanda Marie Knox and Raffaele Sollecito guilty for the crimes mentioned in point A) – this including the crime mentioned in point C) – also in B) and D), regarding the cellular phones, and E) and, for what concerns Knox, also the crime mentioned in F); crimes which fulfill the prerequisite of continuity and, excluding the aggravating factor mentioned in article 577 and 61 n.5 of the penal code, conceded to both extenuating circumstances equivalent to the remaining aggravation circumstances, condemned them to the sentence of twenty-six years of prison for Knox and twenty-five years of prison for Sollecito, plus other consequential terms;

    condemned, also, the same accused, jointly, to pay compensation for damages to the civil parties John Leslie Kercher, Arline Carol Lara Kercher, Lyle Kercher, John Ashley Kercher and Stephanie Arline Lara Kercher, damages to be compensated at a separate session, with the immediate payment of the amount of 1,000,000.00 € each in favor of John Leslie Kercher and Arline Carol Lara Kercher and 800,000.00 € each in favor of Lyle Kercher John, Ashley Kercher and Stephanie Arline Lara Kercher;

    condemned, also, Amanda Marie Knox to pay compensation for damages to the civil party Patrik Lumumba, to be compensated at a separate session, with the immediate payment of the amount of 10,000.00 €, plus other consequential terms.

    condemned, finally, the aforementioned Knox and Raffaele Sollecito to pay compensation for damages to the civil party Aldalia Tattanelli (owner of the apartment in via della Pergola), to be compensated at a separate session, and for Lyle Kercher, John Ashley Kercher and Stepanie Arline Lara Kercher, with immediate payment.

    Regarding the appeals proposed by the accused, the Court of Assizes of Appeal of Perugia, by judgment of 3 October 2011, declared Knox Amanda Marie guilty for the crimes referenced in point F), excluding the aggravating factor mentioned in article 61 n.2 of the penal code and excluded the general extenuating circumstances equivalent to the aggravating factors within the means of article 368 of the penal code – condemned her to the sentence of three years of prison; confirming strictly for this sentence the civil damages.

    absolved the accused from the crimes previously accredited to them on point A), B) and D), to have not committed the act, and from the crime described in point E) because there is no case to answer, rejecting the damages proposed against them by the civil party Aldalia Tattanelli.

    regarding the appeals proposed by the Perugia prosecutor-general, by the accused Amanda Marie Knox and the civil parties, this Court of Cassation,  First Criminal Division, with sentence of 25 March 2013, cancelled the disputed sentence referring to the crimes mentioned in point A) – incorporated in point C) – B), D) and E) and the aggravating factor within article 61 n.2 of the penal code concerning point F) and referred the appeals to the Court of Assizes of Appeal of Florence for new examination.; denying Knox’s appeal, with subsequent circumstances.

    During the review the Court of Assizes of Florence, with the trial sentence indicated above, confirming the exisistence of the aggravating factor within the meaning of article 61 n.2 of the penal code, with reference to the crime within the meaning of article 368, second paragraph of the penal code, point F), revises the sentence against Amanda Marie Knox to be twenty-eight years and six months of prison; confirming the trial sentence, with the consequential damages in favor of the constituted civil parties.

    Against the aforementioned ruling, the accused’s defendants had proposed different Court of Cassation appeals, each one subject to the following critical reasons.

    3. Summary of Amanda Knox appeal

    This is Marasca and Bruno summarising the submission of Knox lawyers Dalla Vedova and Ghirga.

    The appeal in favor of Amanda Marie Knox, before the presentation of the multiple reasons of which it was constituted, was preceded by a long premise which, on the one hand, anticipated the direction of the entire appeal and, on the other hand, proposed once again the same set of problems already discussed in the original grounds for appeal, such as the constitutional legitimacy issue of the conjunction of articles 627 chapter 3 and 628 chapter 2, regarding the application of a possible “indefinite repetitiveness” of an order of remand by the Cassation and corresponding options of indefinitely appealing a rescission order.

    In first arguments the basis for contesting of the entire appeal was presented, represented by the pretentious avoidance of the dictum of the rescission order of this legitimacy Court and the divergent interpretation of the same probative material by two different courts of assizes, Perugia and Firenze, the last, however , based on mere paperwork exam.

    Then, it continued into the analytical analysis of the procedural factual circumstances or evidences, which wouldn’t have been validly examined or, illegitimately, perceived in a partitioned way and not from a global and unitary perspective.

    Taking into account this, various reasons for the appeal were deduced and reasons summarily presented, according to the terms of article 173, chapter 1, disp. att. code of penal procedure, that is in the terms strictly necessary to the decision.

    The first reason challenged the violation and inobservance of the criminal law, according to article 606 lett. b) and c) of the code of criminal procedure and also the incorrect reasoning, according to the same article let. e), about the decisive matter of the asserted reason, of Knox for the commitment of the crime, in violation of article 110 of the penal code.

    Contested, in this regard, was what previously assumed in the judgments as to the merits, regarding some claimed disagreements between the aforementioned Knox and Kercher, despite the occurred absolution, with definitive decision, of the finding for theft of the sum of three hundred euros and the collected depositions, including the one provided by Marco Zaroli, regarding the “idyllic” relationship between the two girls. From the records of proceedings there had not emerged any reason that could have induced Knox to mindfully concur in the murder act and, contrarily to the assumption of the judge, the verification of motive during the evidentiary process was absolutely necessary. In this regard, no indications have been offered by the [First Chambers] review judge, despite the specific indication of the rescission order, which had notified a triple possibility: 1) genetic acknowledgement on the death option; 2) changing of an initial program which only included the involvement of the English girl in a not shared sexual game; 3) mere forcing of an erotic group game.

    Also, in a scenario of absolute uncertainty the review judges had elaborated an abnormal type of collusion in a crime, the fruit of a singular mixture of different impulses and reasons of the participants: Mr. Guede driven by a sexual motive; Ms. Knox by resentment towards the English woman; Mr. Sollecito by unknown intent.

    The second reason highlights a problem of great relevance in the circumstance of the present judgment, that is the right interpretation of the scientific examination results from a perspective of respect of the evaluation standards according to article 192 of the criminal procedural code and the relevance of the genetic evaluation in the absence of repeatable amplification, as a consequence of the minimal amount of the sample and, more generally, the reliability coefficient of investigations carried out without following the regulations dictated by the international protocols, both during the collecting phase and the analysis.

    Particularly, anomalies were challenged in the retrieval of the knife (item 36) and the victim’s brassiere hook, which do not exclude the possibility of contamination, as correctly outlined in the Conti-Vecchiotti report, ordered by the Perugian Court of assizes, which also notified the unreliability of the scientific data, precisely because it was not subject to a further examination.

    It was also denied that the retrieved knife would have been the crime weapon.

    The third reason challenged the law violation and incorrect reasoning, according to article 606 lett. b) and e), regarding the teleological nexus between the crime of calunnia and the homicide. In this regard, the psychological conditions of the accused during the issue of the calumnious declarations dated 11.06.2007 are outlined, her declarations were considered unusable by this Court (with ruling number 990/80); also challenged was a violation of article 188 of the code of criminal procedure, for infringement of the declarer’s moral freedom during the assumption of evidence.

    The fourth reason challenged incorrect reasoning regarding the relevant circumstances of the happening, with reference to, firstly, the asserted simulation of theft in Romanelli’s room, without considering that Guede, at the moment of his arrest, presented wounds on his right hand compatible with the hypothesis of a previous breaking of the window’s glass and subsequent climb in order to enter the room, with shards of glass on the windowsill, also in the same way not considered was the criminal record of Guede, who wasn’t new to stealing in apartments, with identical modalities. Moreover, not considered was that not a single genetic imprint of the accused had being retrieved in the room of the murder, while fourteen imprints referable to Guede were retrieved in the same room.

    The argument was totally illogical of a purported selective cleaning of the environment carried out by the accused, being almost impossible to remove specific genetic traces, leaving others intact.

    The fifth reason denounces the incorrect reasoning in the evaluation of the Curatolo’s and Quintavalle’s declarations, non-adequately interpreted during the examination of the evidence. Also the illogical relevance given to the SMS received by Patrik Lumumba, due to uncertain of the site of the reception, and considering the well-known unreliability of localizations based on the triangulation of telephone cells.

    The sixth reason challenged the law violation, in relation to the use of statements considered unusable by this Court, with particular reference to the declarations of the accused contra se at 5:45 AM of 11.6.2007.

    Also, it was not considered that the defense report submitted by Knox suffered from the unstable psychological conditions in which she found herself, also from the stress consequent to the violation of her defense rights.

    The seventh reason denounces the violation of articles 111 Cost., chapter 2 and 238 of the criminal procedure code, with reference to the irrevocable sentence issued against Guede and the inappropriate interpretation of the declarations produced by the aforementioned, via Skype, to his friend Giacomo Benedetti.

    The eighth reason denounces the lack of assumption of decisive evidence, according to article 606 lett. d) of the criminal procedure code and in relation to articles 111 chapter 2 and 238 bis of the criminal procedure code, for failure to re-open court hearing evidentiary phase, denied with order of 09.30.2013, in order to examine Guede, after his accusations against the indicted woman.

    The ninth reason signals inconsistency and contradictory nature of motivation and also great inaccuracy, such as the declaration at page 321 about the presence of genetic traces of Sollecito and Kercher on the retrieved knife.

    It is argued, also, that the place where the cellular phones of the victim had been retrieved was compatible with Guede’s itinerary towards his house, situated in via del Canerino n. 26.

    Inadequate, moreover, was the evaluation of the results of the report provided by Massimo Bernaschi about the computer damage, by suspected electric shock.

    The tenth reason denounces the inobservance or erroneous application of articles 627 and 603 of the criminal procedure code referring to the preliminary order of 09.30.13 and 04.17.14.

    Requested, also, is the correction of the material error presented in the order dated 04.17.13, referring to the erroneous indication of the place of birth of the accused, who was born in Seattle and not in Washington.

    The eleventh reason denounces the violation and inobservance of article 606 lett b), in relation to the quantification of the punishment in point of aggravating circumstance according to article 61 n.2 of the penal code for the crime of calunnia placed on the accused assuming a teleological nexus.

    The remand judge [Nencini] had considered the generic mitigating circumstances of minor value, previously considered equivalent, despite the final status of judgment [giudicato] on the point.

    4. Summary of Raffaele Sollecito appeal

    This is Marasca and Bruno summarising the submission of Sollecito lawyers Bongiorno and Maori.

    3. The appeal on behalf of Raffaele Sollecito is explained in terms of twenty-two reasons, which will be also systematically summarised according to the requirements of article 173, chapter 1, of the code of penal procedure.

    To this summary explanation has to be added the reference to the introductory part, containing specific requests.

    The first concerns the ruling for referral to a United Sections of Cassation panel [Sezioni Unite] on matters asserted of being of maximum relevance and, potentially, capable of generating interpretative contrast:

    a) Probative or evidential value of the results of the scientific evidence in case of violation of scientific community international protocols regarding the collection and reading of the data;

    b) Usability of declarations produced by Guede during the appeal process. In relation to this, it is inappropriate to relate the review of this appealed sentence to what he has stated during interrogation, reported in the appealed sentence according to article 238 bis; if those declarations were usable, it would be a consent to include in the trial, in violation of the same procedural disposition, declarations produced in absence of cross-examination.

    c) Range of explanation of the principle of beyond reasonable doubt, which, from what is stated by the current defense, would be violated in this specific case by the erroneous statement by the remand judge, according to which the lack of procedural collaboration of the accused has exempted the judge from analyzing the alternative hypothesis emerged from the trial papers or the defense perspectives.

    d) Reliability limits in witnesses’ declarations (such as the ones from Dramis, Monacchia, Quintavalle and Curatolo), produced some time after the facts, after being solicited by journalists. The question is about the verification of the reliability of witnesses during the procedures who created strong media impact, with particular reference to Gioffredi and Kokomani claims and to the declaration of the former offender Luciano Aviello, who did not hesitate to produce slanderous declarations towards the prosecutor, the defence attorney, and Raffaele Sollecito’s father.

    The intervention of the supreme jurisdictional assembly was necessary in order to fix the evaluation standards of oral evidence during trials with strong media exposure, aiming to preserve the credibility of the trial, protecting it from mythomaniac or judicial attention-seeking behavior.

    In the introductive part also thoroughly examined is the position of Amanda Knox regarding the erroneous evaluation of the evidence against her, which had reflected negative effects also on the position of Sollecito, with the distorted conviction that the two substantial positions would be linked by an indissoluble bond, almost like a unique communication vessels system or an abnormal “mutual” extension of responsibility.  All of this in order to denounce the erroneous methodological position consisting in the lack of an “identifying” evaluation of the appellant’s role in the tragic happening subject to judgment. And the aforementioned assumption gave headway to a further denouncement of legitimacy, consisting in the remand judge avoiding the dictum of the cancellation judgment, which gave to the remand judge the task of “highlight the subjective position of Guede’s contestants in the light of all the supposable circumstances”, all specifically enunciated.

    It is also pointed out that Ms. Knox had never placed, even in her noon report (erroneously considered of confessional nature), Sollecito at the crime scene. On the contrary, from the aforementioned report, it was possible to deduce that the foretold was not present in the house of via della Pergola.

    In fact, no trace of Sollecito was found in the room of the murder. The only element of proof against him was represented by the DNA trace retrieved on the brassiere hook of the victim; trace of which relation with the indicted was actually denied by the Vecchiotti-Conti report, which, in this regard, had accepted the observations of the defense advisor Professor Tagliabracci, world-renowned geneticist.

    Once this is considered, it is possible to proceed with a brief listing of the reasons for the appeal.

    1) The first articulated reason challenged the violation of articles 627, chapter 3 and 628 of the code of criminal procedure for the nonobservance of the principles enounced in those articles, particularly referring to the necessity: a) to ascertain the presence of the suspects on the crime scene; 2) to outline the subjective positions of the Rudy Guede’s assumed co-attackers; 3) to establish the motive of Raffaele Sollecito in relation to the one asserted for Guede.

    In strict connection with the aforementioned appeal, also, further reasons of complaint are advanced, specifically contexted within the logic of incorrect reasoning, with regard to the meaning of article 606 lett e) of the code of criminal procedure, connected with the challenged avoidance.

    • The first concerns the appealed denial of the evidentiary phase re-opening, also expressed in the order dated on 30th September 2013, also appealed. The request procedurally proposed by the defense (based on the new reasons of the 29th June 2013 and the minutes of the hearing dated 30th September 2013) was aimed to acknowledge the actual presence of the accused on the crime scene and the role carried out by each one of them on the occasion. It is advanced also:

    • the omitted evaluation of decisive elements regarding Sollecito’s alibi, with particular reference to the results of the integrative report submitted by the technical expert for one of the parties, D’Ambrosio, which demonstrates the interaction of the indicted with his computer;

    • manifest illogicality of the reason in relation to what is expressed by article 522 of the code of criminal procedure; in the absence of motivations capable to exceed the limit of beyond reasonable doubt with regards to supposed participation of Sollecito to the criminal act of murder and to the role he carried out in the crime;

    • lack of reasoning in the motivations report, in relation with articles 192 and 238 bis, with regards to the content of the irrevocable sentence against Guede in order to identify a reason for the murder.

    The requested re-opening of the evidentiary phase, aimed to demonstrate the absence of the indicted on the crime scene and the inexistence of any reason,  was illogically denied, especially since the appealed sentence had already asserted an autonomous reason, of sexual nature, against Guede.

    Furthermore, the denial of the re-opening of evidentiary phase also includes a law violation in regard to article 627, second paragraph, in accordance to which “if the appeal sentence is annulled and the parties issue a request, the judge orders the re-activation of the evidentiary phase in relation to the assumption of evidence found relevant for the decision”

    Even if is not intended to follow the case law orientation in line with the renewing of the appealed preliminary hearing, as for the right to evidence, the appeal judge was, however, obliged to give reason for the denial of the request of re-opening of evidentiary discussion in a rational manner and consistent with the evidentiary framework.

    It was, among other things, requested a genetic perizia [examination/investigation by judge-appointed experts] in relation to the stain (apparently of spermatic nature) present on the victim’s pillowcase, in order to verify its nature and possible attribution to an unknown third party; a perizia aimed to acknowledge the effective possibility to carry out a selective cleaning in order to remove only the traces connectable with the current appellants, inside the victim’s room, without removing the ones retrieved and correctly attributed to Mr. Guede; the carrying out of exams on the item 165 B, with previous acquisition from the criminal laboratory department, of the residual DNA sample extracted from the brassiere hook and further genetic exams on the same item, ordering for such purpose a supplementary investigation in order to cancel every reason of doubt on the matter; [11] exams on the stone retrieved inside Ms. Romanelli’s room, in order to identify the presence of DNA on the stone surface; audiometric test [perizia] aimed to acknowledge the possibility of hearing the supposed heart-rending scream coming from the house in via della Pergola and the footsteps with the windows closed, of the witness Capezzali; IT investigation [perizia] on Sollecito’s computer, in order to verify the existence of human interactions during the night between the 1st and 2nd November 2007; anthropometric perizia in relation to the build, height, gait and somatic features of the subject filmed by the parking facility camera, to be compared with the physical features of Guede and his clothes at the moment of the arrest; examination according to the ex-article 197 bis of Guede in regards to the facts happened the night of the murder.

    The rejection of the aforementioned evidentiary discussion requests has been motivated by the appeal judge by illogical and off-topic reasoning.

    2) Violation of article 606 lett. e), with reference to the wrong reading and interpretation of the content of Knox’s report.

    3) Another incorrect reasoning has been deduced with reference to the considered irrelevance of the exact determination of the hour of death of Meredith Kercher (which according to the defense should have been placed between 9 and 10 PM, 10:15 PM at most), with special reference to the exam carried out on Ms. Kercher’s phone records.

    4) The same flaw has been challenged regarding the supposed incompatibility of Mr. Curatolo’s declarations with the time of the scream, and the asserted irrelevance of [scientific] exams on the precise hour of death of the young English woman.

    5) Also distorted was the interpretation of Capezzali’s declarations, of which has been attached the relative transcription.

    6) In regards to flawed reasoning, interpreted according to the new wording of article 606 lett. e) of the code of criminal proceeding, the erroneous interpretation of Mr. Curatolo’s witness declarations is challenged.

    7) The same for Mr. Quintavalle’s testimony and the omitted examination of the evidential contribution of inspector Volturno, who submitted the service note according to which the aforementioned Quintavalle had told of having seen Mr. Sollecito and Amanda always together.

    8) With reference to the combined provisions of articles 606 lett. e) and 192 of the procedure code it is, then, challenged the erroneous evaluation of the proof in relation to the supposed participation of persons in the crime, with particular reference to the contested examination of the footprints and traces highlighted by luminol.[12]

    9) Also challenged is the misrepresentation of the evidence related to the time of the 112 call, also based on the supposed error of the timer of the camera situated near the parking lot.

    10) Identical violation is challenged with reference to the supposed alteration of the crime scene carried out by the two suspects.

    11) Other case of motivational deficit, a sub-type of evidence misrepresentation, and also contradiction or manifest motivational illogicality, is challenged, according to article 192 of the code of criminal procedure, regarding the supposed falsehood of the provided alibi and the related violation of the principle nemo tenetur se detegere.

    Moreover, it should have been considered as a “failed” alibi, not “false”, and as such not suitable to sustain an “evidential conclusion”, otherwise it would be subject to inadmissible inversion of the burden of proof.

    12) Also erroneous was the interpretation of the results of the genetic evidence on item 36) and on the supposed compatibility of the seized weapon with the most serious wound observed on the victim’s neck. With regards to this, it was clear the misrepresentation in which the judge was involved, given that on the knife’s blade was not observed any mixed Kercher-Sollecito DNA. On the same instrument had been retrieved traces of starch, proof that it was not true that it had been properly washed in order to remove incriminating traces. Furthermore, the starch, found in plants, has a well-known absorbing capability, so it should have absorbed the blood in case it was used for the commitment of the crime.

    Hence, the motivated request to refer the trial papers to a United Sections of Cassation panel.

    Furthermore the assumption that the most serious wound on the left side of the victim’s neck would have been inflicted with a single strike was denied by unambiguous emerging proofs, such as the results of the examination submitted by pathologist Cingolani, and also the conclusions of the party’s expert Introna.

    13) The motivation of the appealed sentenced was objectionable also in relation to the asserted availability of the kitchen knife for Amanda Knox at the time of the aggression. In this regard, it was illogical to state that the kitchen knife, used for the homicide, wouldn’t have been hidden, considering that the furniture and instruments of the apartment rented by Sollecito were listed in inventory, so that the lack of the knife would have generated suspecion, and according to this it was replaced in its place subsequent to cleaning.

    Also clearly illogical was the motivation related to the carrying of the knife on the part of Ms. Knox, with asserted use of the capacious purse in her possession, for supposed reasons of personal defense, for this purpose induced by Sollecito who was familiar with knives. It was not considered that to be true this explanation would exclude the hypothesis of joint concurrence, since it would admit that the suspect woman was alone [13] and not able to take advantage of, in case of aggression by strangers, the supposed defense by her boyfriend.

    However, there was no evidence on the supposed concurrence of the appellant in [a charge of] unjustified carrying of thee knife.

    14) Obvious also was the flawed reasoning on the results of the genetic investigations on the bra hook, for which a referral to a United Sections of Cassation panel is requested.

    With regard to the possible contamination of the item, the appeal judges overlooked the photographic material placed before the court, which clearly demonstrated the possible contamination, regarding the way the hook was treated, with a “hand to hand” passage carried out by persons who wore dirty latex gloves.

    Furthermore, a second amplification was not carried out on the hook despite the fact that half of the sample was still available, and remained unused.

    Also, the hook, though observed during the first inspection carried out by the scientific police,  was left on the ground, on the floor, and there it remained for some time. It wasn’t true, also, that between the first access and the one during which the hook was finally collected, only two inspections by the investigators took place, in reality there were more and in such occasions everything was put in disarray.

    With regard to this, the objections by the defense and the contrary conclusions of the defense adviser professor Tagliabracci, were not considered.

    15) A misrepresentation of the evidence also took place in relation to the actual delivery of the progress reports [SAL] on the examinations carried out by Dr. Patrizia Stefanoni, of the scientific police.

    16) Another reason for complaint with regard to the judge’s motivations context is related to the supposed theft simulation in Romanelli’s room and the absence of motivation in the new reasoning presented in the report of 29th July 2013.

    In this regard, it is argued that it was Sollecito who notified the postal police, their having arrived in via della Pergola for other reasons (the retrieval of Kercher’s cellular phones, one of them with the sim card in the name of Romanelli), about the strangeness of the fact that from the room of the housemate of Kercher and Knox, the computer and valuable items were not missing; that the testimony declaration of lawyer Paolo Brocchi and of Matteo Palazzoli, presented in the new submiessions, regarding acts of thievery carried out by Guede with modalities similar to the ones that were supposed to be used for the breaking-into the apartment in via della Pergola, were not considered; nor were properly considered the defense reports about the wounds on the palm of the hand palm of Guede at time of his arrest in Germany; nor that the evidence had been misrepresented with reference to the collocation of the glass shards, given that from the collected testimony declarations [14] it resulted that the shards of glass were placed both under and over the objects present in Romanelli’s room; that, also, a glass fragment was retrieved in Meredith’s room, indicating that whoever unlawfully entered the room had brought that fragment with him. Therefore, it was clear that the sentence under appeal was based on mere speculations, totally detached from the trial’s reality.

    17) Challenged also is the violation of article 238 bis of code of criminal procedure, on the fact that through the acquisition [in the trial against Knox and Sollecito] of the irrevocable sentences issued against Guede, it was intended to make use of declarations released contra alios in a different procedural context, although those declarations were issued in absence of the blamed persons. Beyond this point, for which a referral to United Sections of Cassation was solicited,  Guede’s declarations were erroneously evaluated, in violation of the standards dictated by article 192 of the code of criminal procedure and the indications of this Court (p. 57). It was true that those declarations were adopted as a mere confirmation element, but they were still unusable declarations. The sentences about him, after all, also the Supreme Court ones, demonstrated the absolute unreliability of Mr. Guede.

    18) Another violation of the article 238 bis of the code of criminal procedure was challenged with reference to the supposed binding effectiveness of external final verdicts [giudicato esterno].

    19) Also related to the declarations of Guede, their use constituted a violation of articles 111 Const., 526 chapter 1 bis of the code of criminal procedure, and 6 of the European Convention. And also on this matter, referral to a United Sections of Cassation panel was requested.’

    20) In the event that such legal approach is not shared [by the Supreme Court], a question of constitutional illegitimacy was advanced of those laws which allowed bypassing the regulatory prohibitions in regards to the usability of declarations incriminating third parties in the absence of the accused persons, by means of the mere acquisition of irrevocable judgments against the declarant and containing the relative propagations contra alios.

    21) Incorrect reasoning was also challenged in relation to the supposed possibility of contamination of the evidence during the appeal, independently from the doubting of sufficient quantity expressed on the point.

    22) There was also a lack of rationale also related to the aggravating circumstance of sexual violence.

    23) The same also applies with regard to the supposed theft of the victim’s cellular phones. 

    24) Clear also is the violation of the principle of the beyond reasonable doubt, because of the omission of the examination of alternative solutions.

    Finally, a rationale was omitted on a possible downgrading of the charge from voluntary murder to the less serious charges of aiding a crime or manslaughter, and also the application of mitigating circumstances.


    Wednesday, April 08, 2015

    In Big Complication For Cassation Guede Demands New Trial To Prove He Was Not “Accomplice Of Myself”

    Posted by Peter Quennell



    Above: Rudy Guede’s smart lead lawyer Walter Biscotti on another high profile case


    The Fifth Chambers of the Supreme Court was the one that allowed Knox and Sollecito to walk free.

    Sooner or later they must explain. Initial statements of their reasons has many Italian justice officials in strong disbelief.

    If there were evidence problems (and we know of next to none and hundreds of evidence points suggesting guilt) the Florence appeal court was the correct court to put them to bed.  Cassation has no legal mandate for that.

    It gets worse. Somehow the Fifth Chambers has to explain why the First Chambers ruled the other way on some very key points in 2010 and 2013 and why it confirmed Knox’s sentence for the felony of calunnia with no further possibility of appeal.

    It gets worse. The five judges would seem to have to come down for either the highly discredited Lone Wolf Theory or for two other “missing killers” (for which there is zero evidence) to have attacked Meredith. 

    From 2007 to 2015 two defense teams tried very hard but without conviction or success to do both of those things - even though Guede and his defense had no way to answer back as they were not even in court.

    Those same two teams tiptoed away from much of the pesky evidence against all three which they were simply powerless to explain.

    So Guede’s demand for a new trial reported today could not be timed worse from the Fifth Chambers judges’ point of view.

    Chances are that this request will be ruled on by another Chambers of Cassation. It might take some time but they might have no compunction (especially if they are the First Chambers) about hanging the increasingly embattled Fifth Chambers out to dry.

    No way Guede’s conviction ever gets reversed. He knows that. We all know that. The evidence is way too strong. But Guede could really rub it in that he was not the initiator of the 15-minute attack and could certainly not have done it alone. That he had no motive at all. That he was not a drug dealer or a burglar - no evidence for either exists.

    That he was not the one who had a reason to clean up the house as his own trial ruled. And that he did not wield the final blow.

    *****

    Added to the top post on Thursday, and amended Friday.

    It looked briefly like his lawyers contradicted Guede. But legally Guede is the one with much at stake and gets to call the final shots.

    And Biscotti merely added that while he didn’t know exactly what Rudy said, his words should not be considered as a public statement, he did not intend for them to go public.

    Of course, Biscotti would want to keep their powder dry, and keep Guede out of harms way, and keep all possible options open in Cassation.

    Smart legal, safety and financial tactics.


    Wednesday, March 04, 2015

    Ten Of The Ways In Which The FOA Petition That The State Department Accepted Is Dishonest

    Posted by Peter Quennell





    Hard to believe that the Knox PR is guided by a professional - good ones know to just shade the truth.

    Again and again in sharp contrast the Knox PR tries to go 180 degrees the other way. Down is up. Black is white. Instead of making one or two mistakes, it makes hundreds - and then lets them stand. Again and again, talking point are shot down - but in Marriott’s zombieland they never stay dead. 

    Now the Knox PR is pinning its hopes on an ill-conceived Change.org petition posted here This is just part of what Karen Pruitt and other creators get wrong.

    1) There was no corruption at any point except that of the Hellmann court for which there is proof which Italy and the US have probably shared already.

    2) There was no abuse of the pair, ever, and no paper trail by either the two defenses or the US Embassy vital to the credibility of this claim. In fact the defenses have invariably inclined the other way, thinking this is a foolish way to go.

    3) There was no abusive interrogation of Knox on 5-6 Nov - in fact there was no interrogation at all. In great detail what happened was described at trial. Knox had insisted on being there and she merely listed some other possible perps - all of which the cops checked out. Then she herself said and wrote way too much, when she was told she had been dropped in it by RS. The cops rather hoped she’d shut up.

    4) Knox herself shrugged off the need for a lawyer on that night after her statements came pouring out - even after Dr Mignini had read her her rights - as multiple witnesses testified. Knox still cant explain why she claimed she headed out alone on the night, leaving Sollecito behind.

    5) RS and AK had six opportunities between November 2007 and January 2009 to get themselves freed or moved to house arrest. They failed each time. In one of those it was Cassation which turned them down. Judge Matteini and Judge Ricciarelli and Cassation listed a ton of evidence against them and believed if sprung on house arrest they could cause harm.

    6) The claims about Guede in that petition are totally upside down. He didnt go gunning for them - in reality they went gunning for him!! Everybody could see that in mid 2008 as this report shows.

    Claims have been made of a pact between Knox and her Italian former boyfriend Raffaele Sollecito, 24. It is alleged their lawyers have agreed to work together to blame the murder on Rudy Guede, 21, a part-time gardener from the Ivory Coast and the third accused.

    Now, Guede’s lawyers are threatening to call for a separate trial for him alone - well away from the legal teams of the other two whom they fear could prejudice his case.

    It is a pact, says Guede’s lawyer Walter Biscotti, that can be traced back to July when Sollecito sent Knox a bouquet of yellow flowers on her 21st birthday which both celebrated in prison.

    ‘There is a clear desire to make Rudy the guilty party, and it’s clear they will try anything,’ Biscotti said.

    7. Guede did not testify at the 2009 trial, he just sat there mute and then went away. In sharp contrast the RS and AK teams introduced witnesses trying to do maximum harm to him.

      (a) The witness who said Guede was in his apartment; but he had not even reported that to the cops, and Judge Micheli concluded he was a publicity hound at best.

      (b) The two lawyers who said someone broke into their office; but even they hinted it was really a work-related hit as legal documents had been gone though and some probably copied and removed in a car.

      (c) The head of the pre-school in Milan; but she could not even call Guede’s presence a break-in because he must have been given a key to get in.

    Neither Guede nor his lawyers were in court to cross-examine or repudiate any of those witnesses; and the prosecution took zero role - asked zero questions - so it was ONLY the RS and AK defenses and not Guede who had an unfair edge here.

    8) Cassation did not say in ending Guede’s process that it must have been RS and AK along with Guede at the crime. The closed sessions at trial in 2009 showed conclusively to the judges that there had been three, which is why the defenses (not the prosecution) put Alessi and Aviello on the stand. Cassation simply agreed with this.

    9) This was not a one man crime by a rapist or burglar, it was provably a 15-minute torture and humiliation pack attack fueled by rage. Knox’s trial and appeal courts both concluded that she plunged in the knife and RS and Guede have shown strong signs of not having not been pre-warned and remaining sore ever since.

    10) As usual with the PR a huge amount about the case and RS and AK is simply left out. Here is a comment first posted on another thread which explains how this lies-of-omission approach works (or doesnt work).

    If you watch the numerous CBS videos or read the numerous attacks on Italy on their site, do you spot a trend? CBS 48 Hours is prone to leaving an awful lot out.

    Where is CBS’s translation of even one major document? Where is evidence of knowledge of even one court transcript? Where is the real reason the appeals were allowed? Where are the six opportunities RS and AK were given before trial to prove they had no role? Where are the bad times the defense had in 2009? What about the lengthy trial sessions behind closed doors? Where are the numerous conflicting alibis?  Where are the numerous whacks at one another by RS and AK? Where is AK’s disastrous stint on the stand? Where is any mention of the dealer Knox screwed for drugs? Where is the current trial of RS for his book? Where is the trial of Oggi for Knox’s book? Where is the Knox interrogation hoax? Where is the Carabineri lab nailing the “science” of C&V? Where is the known corruption of the Hellmann court? Where is the downfall of defense witnesses Alessi and Aviello? Where is the Guede/lone-wolf hoax?  Where is the downward spiral of Frank Sforza now on trial in Italy and wanted by US and Canadian police? Where is any fair remark about the Italian system or its staff? Where is the long overdue expose of the Preston hoaxes? Why are Spetzi’s many losses in court not there? Where is the truth about the Narducci 22? Where is Dr Mignini’s total rebound and promotion after Cassation sharply repudiated a rogue prosecutor and judge in Florence?  Why does CBS feel such a need to defame so many Italians in English from so far? Where is any mention of the PR’s corrupting very big bucks?

    We have no problem seeing the foolish petition remain up - but in their own best interests Knox herself and Sollecito himself should want the incriminating thing taken down. It will merely further annoy the courts.

    And they really should tell the blundering Marriott to get lost.


    Sunday, March 01, 2015

    Laments: Short Scripts With Inspiration From The Usual Suspects

    Posted by Grahame Rhodes




    1. Lament At A Dimly Lit Table

    Amanda: ”Iʼm worried Michael, just because I have sex with Frederico Martini they can use it to convictorize me and then I will be transported back.”.

    Michael slightly drunk…..”No worries Amanda. You donʼt know the law and I do (hic) Did you bring the money by the way plus another bottle of wine? and anyway, what do you mean by convictorize?”

    Amanda: .....”Well I donʼt know. Bruce said I would be exterior-ronerated or something but Iʼve never heard of that position. I wonder if that includes being tied up? He also said when he phoned me in the middle of the night that I would have to be evacuated. That does sound exciting too, Iʼve never done that one either. Of course this was after he apologized for knocking me up so late.”

    Michael: .....”Listen Amanda, the law in any case is made up of facts. Iʼm a judge and Iʼm in control of all the facts hand me the bottle….........(he takes a long swig)

    Amanda: .... But they will send me to jail….... Here give the bottle back.

    Michael: .... “Of course you will be extradited, but consider what this will mean Amanda. You will be famous and your family will be very wealthy including the Moores and the Fischers not to mention all the TV promotions and the commercials that tell what kind of soap you use in Capanne. Do you still wash by the way?........Here! (He takes another long swig) Did you bring another bottle?”

    Amanda: .....”But Iʼll be in jail!!”

    Michael:.... Ah yes but think of how wonderful your life will be in Capanne and how much money you will make for everyone including me. There will be books written about you. There will even be a reality TV series. Have you ever heard of ʻJoan of Ark?ʼ

    Amanda: ..... Oh yes sheʼs a hooker that lives two floors below me.

    Michael:.... Now that would be the crowning glory to your life. The hooker with the heart of gold. HEY!!! Put down that knife.”

    2. Lament Of The Invisible Security Guard

    Steve sat behind his desk watching his phone in the hope it would ring. It was cramped in his office which was a converted broom closet and he always had to climb over the two packing cases that passed for his desk

    He covered his ears in a vain attempt to block out the screaming. Yes! His wife was trying to sing again. Finally the noise stopped and so he poured himself a water glass full of gin and took another pill.

    He looked at all the photos on the wall of which he was very proud, after all they had taken a lot of his time and effort to produce. There was the one with his arms around Dick Chaney and George W, or the other photo of him and Marilyn Monroe which he had signed “To Steve with all my love Marilyn”

    The photo over the door though was his pride and joy which was the picture of him being awarded the star of bravery by Queen Elizabeth. Ah thank God for photoshop. He stared at the phone again willing it to ring, willing it to be Amanda so he could save her from the evil Mignini and his Chinese Pirates. He was obsessed with crime and with Amanda as well.

    Also he had told anybody who would listen that he knew the real identity of Jack the Ripper. It was that rancid milk deliveryman who called on his wife every day whenever he was out.

    That thought reminded him to get rid of all the frozen yogurt and multitude diary products the deliveryman always left behind. It had puzzled him as well because his wife was on a lactose free diet.

    The phone still did not ring so he looked at his prize possession which was a photoshopped picture of himself on the rear deck of the presidential limo consoling Jackie Kennedy after the assassination.

    Next to it the photo of him shooting Lee Harvey Oswald. Ah so much history. He took another pill and washed it down with gin. Suddenly the thought striking him, he picked up the phone and started dialing the British Secret Service because of his true identity, that of James Bond Moore secret agent, only he couldnʼt remember the number so he put the phone back and waited again for Amanda to contact him but she never did.

    Worst of all his wife had started screaming again. Not only that but he was out of pills. Douglas?

    3. Lament Of A The Invisible Ex-Judge

    The retired Judge’s mind was in a turmoil encased in a quandary which had was been once owned by Ringo Star.

    Could it be?

    He was faced with a dilemma made out of brown paper and string.

    Was it possible that he had been wrong?

    The ugly prospect of Amanda’s guilt stared him in the face.

    He stared back trying to decide if a coat of paint would improve it but to no avail since the avail had dandruff. His mind was tossed on the horns of a dilemma that had been given to him by the famous KKK Grand Dragon David Duke.

    Could he have been wrong he asked himself for the upseenth time?

    He wished that he was still a judge on the bench in Camp Courageous.

    People were scared of him then because he ruled his court with an iron fist, then with a wooden foot, then with a piece of string. Bailiffs were scared of his tongue lashings which he kept in a box in his desk.

    He had even written a white paper on it and submitted it the judges weekly news but it had been rejected. Undeterred he had resubmitted it as a brown paper then finally an all leather one with an index made of string part three.

    He emitted a long sigh, actually it was several short ones but the space between them was so short you couldnʼt tell the difference. He shook his head releasing a large colony of dust mites. Screaming they fell to the ground.

    There was no avoiding it. He decided, since he had surrounded himself with questions made out of modeling clay, questions which had only one answer. It was obvious that Knox was guilty as charged.

    He shook his head once more and asked a passing stranger if he had any money for a cup of coffee. With nothing else to do he sat there in the ʻslough of despondʼ and the rain wondering what the nemesis Mignini who had never heard of him was doing.

    4. Lament Of An Invisible Store Salesman

    Bruce Fischer was obsessed with Amanda Knox and considered her to be a fur—-fatale. He was furious for being unable to fur—-millierize himself with her fur—-brile ways and her fur—-natic need to fur—-mulate her actions.

    He coughed up another fur—-ball and fur—-rowed his brow thinking about the fur—ar that Knox had caused. He thought about his fur—fathers and fur—bished himself with another drink.

    How could she have been so fur—-brained as to fur—-nicate with all those fur—eners in particular the drug dealer Fur—-nando Martini when he himself “International fur—-rier to the Stars.” was available.

    For this he was fur—-ious at her having wasted her fur—tiellity when he could have done it for her. But if she comes around, he thought, then I will fur—-give her.

    So…....... In a fur—-y and with a fur—lourish he unfur—-led the flag while looking fur—tive . The flag which fur—-ther fur—-nished the message which had caused the fur to fly.

    Guilty as charged.

    5. Lament Of A Daddy Wishing there Were More

    Curt felt a twinge of conscious just below his left knee but ignored it and poured himself a glass of single malt Scotch and lit a cigar.

    He lamented only that the gravy train was puffing slower these days.

    Still, he had been very clever having separated so much money from his daughter Amandaʼs fortune, or in this case misfortune. He livened up..

    It had been such a busy time and once more, he was amazed at how easy it had been to put all the liberated money in his secret Cayman Island account.

    Thank God for the stupidity of others such as the unsuspecting Chris who unwittingly had become the equivalent of his stooge. Gabby Hayes to his Roy Rodgers or Costello to Abbot or Stan Laurel to his Oliver Hardy.

    He was amazed too that Edda had been fooled so easily considering his lifelong track record of never paying for anything without a fight.

    He thought about the future and did an impression of Monty Burns on the Simpsons by saying, “Excellent. “ It was indeed wonderful since he knew Amanda would be extradited thereby guaranteeing all the extra money he would make from TV interviews, commercials or even a reality show.

    As for his daughter, he could care less since for so many years she had been a drain on his finances plus an embarrassment.

    Now of course she was a gold mine and with any luck he could keep this going for years. Ah yes! The future looked bright indeed. Now, if only I could find some more idiots such as Bruce and Steve who, thankfully, always did what his lunatic ex-wife told him to do.

    He smiled once more. A smile that was just the same as his convicted daughters. A smile identical to those who have a dark secret. He laughed out loud and poured himself another drink and relit his cigar.

    Posted on 03/01/15 at 11:27 PM by Grahame RhodesClick here to view all my past posts, via link at top left.
    Archived in Those who were chargedAmanda KnoxRaff SollecitoRudy GuedeThe wider contextsN America contextKnox-Mellas teamSollecito teamMichael Heavey
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    Sunday, February 15, 2015

    Sollecito v Italy & Guede: My Subtitled YouTubes Of Rudy Guede’s Interview with Leosini

    Posted by Eric Paroissien













    Friday, January 02, 2015

    The Serial-Burglar Arm Of The Rudy Guede Hoax: Testimony 2009 In Court Provided ZERO Proof

    Posted by Peter Quennell



    [Maria Del Prato in the inner courtyard in Milan from which her pre-school opens off]

    1. Summary Of The Hoax

    To the present day no UK or US media have ever reported properly this key segment of the 2009 trial.

    Had they ever done so the now-pervasive notion of Guede as sole perp - lone wolf - would never have gained the ground that it has. UK and US followers would understand why ALL courts said three were at the scene and the breakin was faked. 

    2. 2009 Trial Attempts To Incriminate Guede

    All the testimony about supposed break-ins by Guede was presented by the defense on 26 July and 27 July 2009.  These were two lackluster half-days for the defense. 

    3. Summary Of What It Amounted To

    That trial testimony fell far short of providing the numerous Rudy Guede demonizers with all they now claim. Here are the witnesses the defenses called. 

    1. Pre-school principal Maria Del Prato

    She came across as understanding and fair. Maria Del Prato conceded that Guede probably had a key loaned to him by one of her staff which explained why no break-in charges were lodged.  Milan police did not just let him go, they checked his record with Perugia police (he had none and police knew little or nothing of him) and knew where he was for a possible later charge.

    2. Christian Tramontano

    He had claimed someone threatened him in his house in the dark with a knife who looked like a shot of Guede in the papers two months later, was not even called, merely a statement read, probably because at a hearing in October 2008 Judge Micheli sharply denounced him as having made things up.

    3. Lawyers Matteo Palazzoli and Brocchi

    Matteo Palazzoli had first encountered the break-in scene during a Sunday night visit to his office and found his computer gone. He did not elaborate very much, and seemed glad to be gone.

    His colleague Lawyer Brocchi who had the least involvement talked the most - but he could be read as pointing a finger away from what he believed really happened for brownie points with the court.

    Here courtesy of Miriam’s translations is the key 2009 trial testimony here and here. There are more images here. 

    4. A Major Unfairness To Guede

    We have knocked chips off Guede in the past, but how this testimony (albeit mild) opened the gates to a wave of innuendo was simply unfair. HE WAS NOT EVEN IN COURT.

    Neither he nor his lawyers were there to cross-examine the witnesses or call more witnesses of their own and the prosecution did not ask even one question. Nobody asked what legal documents may have been involved.

    This has allowed supposition to grow unchallenged, though it looked like a red-herring by the defenses at the time.

    5. What Guede’s Team Could Have Brought Out

    Note what Guede if his team had been present could have brought out:

    1. Nobody in Italy is given precautionary custody simply for possessing several items none of which were reported as stolen which conceivably could have been passed to him by another perp. When those were later proven stolen Guede was charged and he was recently sentenced in Milan to another 16 months.

    2. The French window one floor above the ground in the dark around the back would have been easy to break into on a Saturday night according to Matteo Palazzoli by simply climbing up the grill over the French window below and then using the balcony to break through.

    This is very far from the supposed scenario for Guede breaking into Filomena’s window

      (1) during Perugia’s late rush-hour on a weekday evening with a lot of cars and people still around,

      (2) under a great deal of light both from the street lights and the carpark lights above,

      (3) bypassing several other much easier entrances all of them in deep dark,

      (4) while leaving no prints and no DNA anywhere outside the window or in the room,

      (5) on a day when as far as he knew all four girls were in town (in fact three of them still were).

    3. Zero fingerprints were found in the lawyers’ offices though a great many items had been touched.

    4. What appear to be the tools of a habitual burglar were left at the scene.

    5. The burglar alarm dial-out had been disabled by someone who knew the special trick to doing that.

    6. The copier was switched on and some quantity of copy paper and several USB drives with legal data were gone.

    7. A front window had been opened and then not fully closed, seemingly to pass things through to someone waiting with a car.

    Payback or warning by a legal opponent? Such things are not unknown. Neither lawyer ever systematically reported a theft to the police. No comprehensive investigation was ever begun.

    Paolo Brocchi claimed he didnt even know that one of his cellphones was gone. Matteo Palazzoli never gave the serial number of his computer to the police. Palazzoli could only weakly testify that Guede came by - to say he was not the real thief.

    Each seemed embarrassed to be put on the stand by a flailing defense and simply anxious to move on.


    Thursday, January 01, 2015

    Guede Hoax: Translation Of Lawyers Testimony #2 On Breakin Shows No Concrete Connection To Guede

    Posted by Peter Quennell



    Exit route was via one of those windows; weeks later, Guede would come knocking at that door.

    1. Overview Of The Post

    This post provides the translated testimony of lawyer Matteo Palazzoli.

    He was the owner of a Sony Vaio computer stolen from his office, which was possibly the same one that Guede was found in possession of. The previous posts on this aspect of the Guede hoax showed:

    • How similar to the back balcony route to a forced break-in of Meredith’s house was the supposed route into the Perugia lawyers’ offices.

    • How the testimony from the lawyer Paolo Briocchi on the office break-in pointed as much away from Rudy Guede as it did toward him.

    There will be an overall assessment in the next post.

    2. Testimony Of Matteo Palazzoli

    Translation of the difficult language here and in previous posts was kindly provided by Miriam. MP stands for Matteo Palazzoli, the lawyer whose office was broken into. GCM stands for Judge Giancarlo Massei. LM stands for Sollecito defense lawyer Luca Maori. MDG stands for Knox defense lawyer Maria Del Grosso.

    The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

    General information: Matteo Palazzoli, born in Umbertide, province of Perugia, October 9 1974, resident of Perugia.

    GCM:  Please proceed.

    LM:  Lawyer Maori, for the defense of Sollecito.  What is your profession?

    MP:  Lawyer.

    LM:  Where is your legal office?

    MP:  At via del Roscetto no. 3, from Febuary 2007, if I am not mistaken.

    LM:  Together with lawyer Brocchi.

    MP:  Together with lawyer Brocchi.

    LM:  Before you, Lawyer Brocchi told us of this theft you were subject to on the night between the 13th and 14th of October 2007.

    MP:  Yes.

    LM:  Can you give us information of what happened in that situation?

    MP:  I was coming back on Sunday October 14, after being away from Perugia for 2 days, and before coming back… because I live close to the office, I keep the car parked with a subscription at the parking lot of Sant’Antonio [opposite Meredith’s house], therefore I walk down via del Roscetto regularly to return home, which is in via Imbriani [further down the hill behind the law offices]. In these circumstances, I sincerely don’t reacll the reason, I stopped at the office before returning home. I think it was 6:30, 7.00 pm, of Sunday afternoon, I don’t recall the exact time.

    I went to the office, and upon entering the office, I noticed right away that something was not right, because to begin with it was October, and it was rather warm, I remember, and strangely the heaters were turned on and it was rather hot inside the office. The heaters were turned on and I immediately noticed upon turning on the light that the bathroom light was on, the restroom of the office. At that moment I didn’t notice anything else.

    Then I turned my head to the right in respect to the office entrance , and I immediately noticed my jacket, a black jacket, and a jacket of Lawyer Brocchi’s laid out on the floor. Honestly I asked myself the reason for this. I went to the French window of the office that gives out to an inner courtyard of the building, and opening the inner shutters, I noticed the glass had been broken, and that the jackets had probably been laid on the floor to cover the broken glass.

    At this point I ran to my office, that is in front of Lawyer Brocchi’s , and I immediately noticed, cautiously, that the only thing that was missing… besides the binders being completely opened, and the dossiers, in there turn, also were opened with papers strewn throughout the office, I noticed that my computer was no longer there, it was not where it should have been, and that the window of my office that gives out to via del Roscetto [a window in the image at top] that at first glance appeared to be closed, in reality was open. Therefore, it had been reclosed but not completely closed, probably,  don’t know why.. whoever entered, exited through my window, not closing it completely on the way out, I honestly don’t know the reason.

    I did another round of the legal office, and I noticed again upon entering the restroom, the light on in the restroom. I went into the office of Lawyer Brocchi, and I remember that inside his office, on the desk of Lawyer Brocchi, there was a suitcase of his and on top were positioned, with a certain precision, certain objects, that I seem to remember were screwdrivers, I am frankly not sure if there were screwdrivers.

    After having gone into Lawyer Brocchi’s office I turned and went into the waiting room that is there close to the conference room, and I noticed that there was a small pile of glass, that I don’t know where it came from, because the window of the waiting room… that is, no other window, if I remember correctly,  of the office was broken, in the office the only window that had been broken was the French window that gives onto the inner courtyard.

    The window of the waiting room had not been broken and yet still, there was this small pile of glass, furthermore well arranged, in the waiting room. The copying machine was turned on, I don’t know for what reason,  several reams of paper of the copying machine were missing.

    LM:  The person who entered had drunk beverages that were in the legal office?

    MP:  Yes, I remember that it was a bottle of orange drink, if I am not in error, it was left in the waiting room.

    LM:  Listen, you spoke of this computer that was taken on this occasion. Can you tell us what type of computer it was?

    MP:  It was a Vaio, the outside cover was white. The distinctive trait is that differently… the distinctive feature of that computer is that it has a 16:9 screen that is high resolution.

    LM:  It’s a Sony.

    MP:  It is a Sony Vaio, that is a brand of Sony. It has a particular graphics, it is only one of a few computer that doesn’t change the type of color depending on how one roatates the screen. It was a laptop, in any case.

    LM:  This laptop did you have any news of where it was… was it ever found? Was it given back to you?

    MP:  In these days I have had ways to reconstruct, in my mind, the events and the only thing I have not had a way to… it happened in the succeeding days, I don’t remember exactly when, that while I was coming back from a client outside the legal office, Lawyer Brocchi called me to tell me that the police or carabinieri called from Milan saying that they had found our things, commenting: “you are always lucky, you lose everything, they steal everything, but you always recover everything”, “Okay”, I said.

    I arrived back at the office and he told me about the call in detail, that it was… the police station, I sincerely don’t remember, of Milan anyway, they had called and they had found us because on the cellphone of Lawyer Brocchi… which in the immediacy of the event, we had not noticed had been taken because it was an out of commission cellphone and not used by Lawyer Brocchi, thus probably he did not remember in the immediacy of the event it had been taken, he did not realize at that moment.

    Opening the cellphone, the message, if I am not in error,  “welcome Lawyer Brocchi” had appeared. Thus they were able to find us, and substantially tell Lawyer Brocchi that they had found his cellphone and my computer. Now, I said before, in these days before today’s judicial hearing I was able to gather my thoughts and furthermore I was never able to verify that the cellphone [note: he presumably means his laptop] that was found was effectively mine, because when Lawyer Brocchi and I went to the police station of Perugia to do the report, I did not have at hand, because my accountant had not given it to me, the invoice that indicated the specific model of the commuter. Thus, today I would not be able to say, if not…

    LM:  Anyway the computer was not given back to you?

    MP:  No.

    LM:  Before you spoke of this telephone call by the Milan police station.

    MP:  Made to Lawyer Brocchi.

    LM:  Do you know if those [investigators] attached to the police station in Milan had discovered the perpetrator of the theft?

    MP:  I sincerely don’t know, they certainly did not tell us. That is, we were told only that our things had been found, or rather, Lawyer Brocchi related to me that the police station of Milan had told him that the things we reported stolen had been found.

    LM:  Lawyer, do you know Rudy Hermann Guede?

    MP:  No.

    LM:  Have you heard of him?

    MP:  I have heard of him in relation to the renowned incident of this proceeding.

    LM: Do you know that Hermann Rudy Guede was found by the police station of Milan, a few days before these matters, with your computer?

    MP:  I don’t know that he was found with… or rather, at the time that Lawyer Brocchi related to me that the police station of Milan had called him, the police station did not specify the individual that was found with the computer. I think that in that circumstance they had specified that it was found on a boy that was committing a similar crime, if I am not in error, in a kindergarten in Milan.

    LM:  Was it related to you by your assistant Doctor Morini, I believe that is his name, and by Lawyer Brocchi of an encounter that took place on October 29 with this Rudy Guede?

    MP:  Yes, it was related… somehow in this case…when these things happen, unfortunately I am never there.

    LM:  You were not present, it was only related to you.

    MP:  It was related to me that a boy had come to the legal office, and a conversation had intervened between…

    LM:  What kind of boy?

    MP:  A colored boy, I gathered, had come to the legal office and held a conversation with Doctor Morini and probably even with Lawyer Brocchi, and declared himself absolutely extraneous to the matter and declared that he bought my computer legally , if I am not in error at the train station of Milan, I sincerely don’t know. This was related to me by my colleagues.

    LM:  In any case, you exclude having had your computer returned?

    MP:  No, absolutely.

    LM:  That, by your knowledge, is in Perugia?

    MP:  I think I remember having done a request of release [to Milan] that unfortunately was rejected.

    LM:  If you do it here in Perugia, probably you will have a better result. Another question, before you spoke of the fact that when you entered the legal office on the evening of October 14th you saw lights on. The light that was on, where was it situated?

    MP:  At the instant I entered the legal office, it was dark obviously, inside the office, and I had not yet turned on the light, I noticed the shining of the bathroom light on.

    LM:  Had the bathroom been used?

    MP:  The bathroom… honestly this I can’t tell you, that is I can’t know if it was used, from evident signs I think not, but, that is a simple supposition on my part , that does not have much value.

    LM:  Thank you.

    GCM:  There were no signs of it having been used.

    MP:  Yes, no signs of use, no odor.

    GCM:  This is what the lawyer was asking. Other questions? For the prosecution? There are no questions. Excuse me, probably just a peculiarity, the window that was broken, if you can give us a description? Are there inner shutters, outer shutters?

    MP:  It is a French window that gives out to a small terrace that overlooks an inner courtyard of the building, and below our window, right in alignment, there is a door covered with a metal mesh, so much so that we supposed that whoever entered inside the legal office, one of the possible hypothesis, climbed that metal mesh, because it is a mesh, with squares not more than fifteen centimeters, thus perfectly usable for this purpose. It is a French window that has inner shutters. It doesn’t have…I don’t remember, I think it has… because there was a period when our legal office, for reasons of restoration, eliminated all the outer shutters. So I don’t remember if in that moment it had or not the outer shutters, I think not, but I would say something I don’t remember exactly.

    GCM:  I also wanted to ask you, there were only the two jackets on the glass? Where there other items of clothing that indicated a search in wardrobes, or only these two jackets? 

    MP:  Honestly I would not be able to remember.

    GCM:  You remember of these two jackets, that one was yours.

    MP:  Yes because I don’t think there were other clothingsd in the office. I don’t remember if there were others… besides the toga of Lawyer Brocchi, but it was left…

    GCM:  I wanted to ask you, these jackets where [normally] were they? On a coat rack?

    MP:  They were on a coat rack that is to the right of the entrance to the legal office, they were on a coat rack, a bluish jacket of Lawyer…

    GCM:  Not in a wardrobe?

    MP:  No, no, not in a wardrobe, on a coatrack.

    GCM:  A coatrack.

    MP:  A coatrack, yes.

    GCM:  I also wanted to ask you, you spoke of a small pile of glass.

    MP:  Yes.

    GCM:  That is, what was it, a small gathered pile or scattered?

    MP:  A small gathered pile of glass.

    GCM:  Purposely put there?

    MP:  I don’t know that.

    GCM:  A little gathered pile, not scattered..

    MP:  Not scattered glass as the ones…

    GCM:  Not scattered glass but a small pile.

    MP:  A small pile of glass.

    GCM:  Originating from the broken window?

    MP:  Probably yes even because there was no other broken window if not that one and there were no other bottle or other things inside the legal office.

    GCM:  The computer, can you describe it? Seen as you said: “you gathered your thoughts” you remember something…

    MP:  If I can see it, I will be able to say if it is mine..

    GCM:  It’s not that the invoice has…

    MP:  No, my computer is a Sony Vaio with a white cover, but the model is not…

    GCM:  Okay.

    LM:  With regard to the question by the President…

    GCM:  Please proceed.

    LM:  In connection to the glass, the glass of the broken window, was this glass scattered?

    MP:  In part scattered, I gather, seeing as there weren’t others…that the others clustered inside the waiting room were from that glass, but not…

    LM:  So there was glass scattered both inside the room where the window was broken, and in adjacent rooms?

    MP:  Let’s agree that the scattered glass, covered by the jackets, was in the corridor that leads to the administrative office, which is to the right of the entrance and is in front of the French window from where the individuals had…

    LM:  So, in conclusion, there was a scattering of glass…

    MP:  Yes.

    LM:  … let’s say with enough range…

    MP:  More than where the jackets were located.

    LM:  Thank you.

    MDG:  May I, President, just one question?

    GCM:  Yes, please proceed, Lawyer.

    MDG:  Do you remember if you had inserted a password on your computer.

    GCM:  Okay, maybe the last questions, on the computer.

    MDG:  On the computer model, President.

    MP:  No.

    MDG:  It was not inserted?

    MP:  No.

    MDG:  Thank you.

    GCM:  The witness is excused.

    There are no other questions; the witness is dismissed.

     


    Friday, December 26, 2014

    Guede Hoax: Translation Of Lawyers Testimony #1 On Breakin Shows No Concrete Connection To Guede

    Posted by Peter Quennell



    Christmas in Milan where Rudy had an ambiguous encounter in a pre-school in October 2007


    Our previous post showed the giant scale and surreal flavor, and the hard facts left out of the innuendo, of the crackpots of the Knox-Mellas campaign.

    Innuendo will get them precisely nowhere. All the courts that have processed the case have warned about this, except for the hapless Judge Hellmann’s, and in March 2013 Cassation was especially sharp in warning that unless there is EVIDENCE to the contrary the hard facts presented to the panels of judges must be respected.

    For evidentiary reasons exclusively, Rudy Guede has never been charged with breaking and entering. Guede got no breaks, ever, contrary to myriad claims.

    The one questionable location where he was found was the nursery school in Milan. As he apparently used a key from one of the staff, any breakin trial would have been dead on arrival. No law required that he be detained. (He was however later charged with being in possession of stolen property,  and just a few days ago his sentence was extended by 16 months.)

    The previous post in this series showed how similar to the BACK BALCONY route to a forced break-in of Meredith’s house was the supposed route into the Perugia lawyers’ offices. It had nothing in common with Filomena’s window, contrary to myriad claims.

    This post and the next in this series show how the evidentiary proof that it was Guede (and not someone with a grudge or a trial opponent) who broke into the Perugia lawyers’ office is ambiguous and contradictory. Some signs point away from Guede, not least that photocopies apparently made of legal documentation (the copier was on and copy paper missing) would have required the use of a car.

    This post is on the testimony of the lawyer Brocchi (owner of the cellphone) and the third post is on the testimony of the lawyer Palazolli (owner of the Sony Vaio computer). Brocchi was quite talkative, despite his minor role, and so we will hold our highlights and interpretation for the next post.

    The extensive translation of the difficult language here and in the post still to come was kindly provided by Miriam.

    The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

    General Information: Paolo Brocchi born in Rome, March 2, 1968

    GCM: Please proceed.

    LM:  Good Morning, lawyer Maori, for the defense of Sollecito.

    PB: Good morning.

    LM: It is an unnecessary question, but I must ask it. The first question is this: what profession do you hold?

    PB: Lawyer.

    LM: Where is your legal office?

    PB: In via del Roscetto no.3 in Perugia.

    LM: Did your office undergo a burglary in 2007, in October 2007?

    PB: Yes.

    LM: Can you tell us how this burglary took place, how the thieves got in, and what was taken?

    PB: Certainly, the burglary was discovered by my colleague lawyer Palazzoli, the owner of the office, he told me about it on a Sunday afternoon, because the theft took place….. It was done between the night of 13th and 14th of October 2007, a night between Saturday and Sunday. The burglary was discovered by my colleague, the lawyer Palazzoli, on Sunday afternoon, because he entered the office to look for a professional file, and upon entering he discovered the burglary. The person or persons that entered inside the office, from what we were able to reconstruct together with members of the Squadra Mobile that intervened for us at the office, they entered through a window situated in the secretary’s office that was subjected to broken glass, the glass of this window was broken with the aid of a piece of porphyry, a big rock that we found there at the spot. The window was broken, then these persons or person turned the handle. The glass clearly was spread everywhere, because it was a rather thick glass. After which, on top of these pieces of glass we found our clothes. For the most part the glass was scattered on the floor and on top of the glass were our jackets, mine and my colleague’s Palazzoli, that had been hanging on the clothes hanger in the corridor right in front of the window.

    LM: Excuse me if I interrupt you, to reconstruct the dynamics of the event exactly . It would seem   that the 13th of October was a Saturday.

    PB:  From what I remember, yes.

    LM: Your colleague had remained in the office until….........

    PB: No, I stayed in the office. Saturday I remained in the office because I had a client on Saturday   afternoon, that was something anomalous, but it was for an urgent discussion. I called for a meeting that Saturday morning, then he arrived in the afternoon, and I left the office at 8.30 pm that Saturday.

    LM: 8.30 pm that Saturday and after, the following Sunday, the evening…...

    PB: The day after, Sunday, I was called on the telephone by lawyer Palazzoli, who told me “Look somebody came into the office, I have already called the Carabinieri”, who then because of the jurisdiction of the old town center, as we found out, alerted the Squadra Mobile of the State Police.

    LM: Does your office have an alarm?

    PB:  The office was fitted out with an alarm, but that evening it was not activated, because, as I reconstruct the event, it had just been installed. That evening I left at 8.30 pm. I remember perfectly that I did not activate the alarm system. The strange thing that I can highlight in connection here is that I noticed the alarm system the next day, when we entered, was not damaged, the bright light was functioning even if it was dis-activated, and the person or persons that entered did not damage the alarm, they only dis-activated the telephonic combination, thus with this they manifested a minimum confidence, a certain competence in the subject matter of alarms, of electronics, because to dis-activate a telephonic combination without damaging the alarm, I would not be capable, even being the owner, thus I would not have this competence.

    LM:  One other thing. You spoke then about a window that …..

    PB:  Yes, apparently

    LM:  Was that the only break in?

    BB:  Yes

    LM:  Is it a window that gives onto the main street or onto a private court yard?

    PB:  No, this window gives out to a private court yard that is than protected from the public street by an exterior gate. So it is probable…. I don’t know if can be possible…. because close to that window there are other windows of other apartments, there are… there is a window that is about one meter from the balcony of my office, so everything is possible. But this person or persons if they came from the public street would have to open a gate that gives on private property and then, with the help of I don’t know which tools, climb up for three, four meters on a vertical wall to then arrive to the terrace ,where was located my office, where it is still located, first up to this window and then through this window enter inside my office, if this was the way in.

    LM:  However this break in took place in this window, three/four meters high.

    PB:  More or less

    LM:  Did you find a ladder close by?

    PB:  No

    LM:  Did you find other tools?

    PB:  No. I remember that we inspected with the Squadra Mobile crew. I should say that the property below us has a door, an armored mesh and a particularly able person could have climbed up. Could have, I don’t know, this is just an assumption.

    LM:  Anyhow it was not easy to climb up.

    PB:  Absolutely not.

    LM:  Before, you spoke about this rock, this porphyry..

    PB:  Yes

    LM:  Where was it found, inside or outside?

    PB:  Strangely, right on the little terrace, evidently the person or persons that entered with the help of this very heavy porphyry because a double glass had to be broken, it was not a thin glass, but it was that type of glass utilized mainly for thermal insulation, certainly not for security reasons, evidently it needed a heavy impact in order to somehow succeed in the intent, otherwise a small piece of rock would evidently have been sufficient.

    LM:  What was taken from inside the office?

    PB:  So, at first we noticed that the office was in a state of general disarray : all the archive was turned upside down, all the files of the offices were piled up in a heap. But from the first inventory that we did there at the moment, this was missing: a new computer belonging to the lawyer Palazzoli, a note book the brand of which I absolutely do not remember [actually a Sony], a USB flash drive used to save data, a portable Canon printer which was mine, and then a few days later, when I was contacted by a crew of the Police of Milan, agent Spesi Rita, I realized that they had also stolen a cell phone, that anyhow was not working properly, that furthermore was included in the process of investigation (SDI) of the Police Force. Therefore there was also this cell phone, that beforehad I had quit using and didn’t even remember about, that was in the drawer of my desk.

    LM:  Lawyer, were money and checks stolen too?

    PB: No, there were none.

    LM: On this I have to challenge, that you on the complaint of the burglary indicated also checks from the Banca delle Marche [were stolen].

    PB: No I will explain the reasoning. Those checks at the first moment appeared to us not present. There was a block that was finished, but then after checking with the bank, those checks had been annulled, so in reality they hadn’t been stolen. The verification that we did at the bank the Monday after, highlighted that I had annulled those checks and the bank had trace of it, so nobody took anything.

    LM:  Another thing before speaking of the recovery of the computer, you told us of the small havoc done inside your office.

    PB:  Yes.

    LM:  You spoke of the ransacking, in addition to, as you said before, of the broken glass with your clothes on top. Was also the photo-copy machine utilized?

    PB:  I am not able to say that. It was easily usable because it was not code protected, but this I am not able to…

    LM:  Did they turn on the heating?

    PB:  Yes, when we entered the heating system was on, as matter of fact there was a torrid temperature inside the office, because it remained on, I think, more than 24 hours, in a month, October, that was not particularly cold. Furthermore I noticed that this person or persons that entered inside my office even made use of drinks that were in a cabinet, leaving…. they even opened the cabinet of the first aid meticulously looking for everything that was inside, but more than anything else disinfectants and blood pressure gauge, this type of things, but they really did an accurate selection of the material present inside the first aid cabinet.

    LM: Returning to the computer, the property of…..

    PB: Of the lawyer Palazzoli, yes.

    LM: Was it discovered at a later date?

    PB: Well, we never saw it. I say, that the 27th of October 2007, around noon, it was a Saturday, I was in the office in a anomalous way because generally I had the first 3 hours at school and the last 3 hours are normally always….. making 6 hours Saturday morning. But that morning I left early and I was in the office. A telephone call came in on the land line, a call from the police station Venezia Garibaldi from the Milan Police, the agent Rita Spesi, who told me that they had found an individual, of whom I was not given general information, nor the gender, I was only told that certain goods were on this individual, that if I remember correctly they were found inside a kindergarten, a school, an institute of learning, and in this instance, among goods that were in possession of this individual or better held by this individual, this person also had this cellphone. Turning it on, my name appeared, and from here the police officer by way of a search of the SDI system of investigation, saw my complaint of theft of October 15th 2007, and so she asked me if proveably those goods were my property.

    LM:  Therefore the telephone and computer?

    PB:  Telephone without doubt, the computer was described to me, it was not mine, I manifested doubts in the sense that…... well I had never seen it, or used it, because it was my colleague’s, who had just bought it, a short time ago he had just bought it. On the computer I manifested doubts. On the telephone, on the telephone however by way of the names of the address menu, the clients and friends of mine, I was able to confirm with certainty that at least my SIM card was on that phone.

    LM:  It is a Sony model…..no excuse me…..

    PB: No, the telephone is a Nokia.

    LM: It is a Nokia, model 6310.

    PB: Nokia, for sure, the model now not….....

    LM: Like this one, so to….....

    PB: Yes, exactly.

    LM: 6310.

    PB: It is the same color, if I remember correctly.

    LM: However this is not yours, it is mine.

    PB: No, fine.

    LM:  Was the name of the person that was stopped given to you by agent Rita Spessi?

    PB:  No, absolutely not.

    LM:  Did you then find out the name of this person?

    PB:  No, this happened on October 27th when the police officer calls me. All ends with this telephone call in which I stated I recognized at least the cell phone. On October 29th, a Monday afternoon I am in the office and on the phone with some clients. October 29th, I may be mistaken, but I believe I mentally reconstructed the facts in this way, I did not take notes, I must be honest. October 29th my attention - I was on the phone - my attention was drawn by a commotion in the lobby, the common reception area outside the office. I hear voices in the corridor, I am still on the phone, afterward I get closer to see that an assistant of the office, Dott. Luciano Morini, is speaking with someone. Before I can realize what is happening, he tells me “Look Paolo, here is a person that says that he was found with merchandise, goods, objects that were reported stolen by you and your colleague Palazzoli, but that he bought them in Milan close to the train station in central Milan”. At which I go to the corridor and I see, at the entrance of the lobby, a colored person that has a basketball in his hands and is dressed in sport clothes. These things surprised me, because we were at the end of October and it was kind of cold, it struck me quite a bit seeing this person in sport clothes, a tank top like those used by basketball players, and a basketball. I recognized the basketball because I played basketball for twenty years, so I know how to recognize one.  At that point I say: “Look I don’t know who you are”, he answered: “I don’t know who you are either”, I replied: “ Look we are only interested in having our belongings returned” and that was all. At that point I went back to the office. I don’t know if the person stayed in front of the office, and anyhow I close the door and there it ended. A few weeks later, may be a month later, I’m not sure, some time later I see on the newspapers photographs of a person that was associated with the matters of this proceeding, from which I recognized the person that presented himself that afternoon on October 29th, before the matters that brought to this proceeding, at the office to say that, yes he was found at that location in Milan by the crew of the Squadra Mobile, of the police station Venezia Garibaldi, that he did not…. tell me but tell to my colleague Morini, that he did not take anything from anybody but those things he obtained by purchasing them.

    LM:  Who is this person? Can you give us a name and surname?

    PB: Doctor Luciano Morini that…....

    LM: No, no, I say…....you told us of your assistant. You said that this colored person that you did not know, that you saw for the first time October 29th 2007, then at a later stage had the means to see by the newspaper who it was.

    PB: Yes.

    LM:  Can you give us the name and surname of this person?

    PB: I believe that I recognized in that person this Mr. Rudy Hermann Guede, that is not a defendant   in this proceeding, but is involved in the other one…..

    LM: Always in reference to October 29th , at the moment this person came to your studio, you said : “This person arrived , and spoke with my colleague Morini”.

    PB:  Yes.

    LM: And he told you: “I do not know you”. These are the exact words that you said before?

    PB: When I was on the landing, I said….....

    LM: That which Guede said to you.

    PB: That which I said to him, because I spoke first and said: “Look I do not know who you are”. He responds: “ I don’t know who you are either”, furthermore in a perfect Italian, with a Perugian accent, something that surprised me, because been a person…… but everything is possible. To which I told him, “look let’s cut it short we are not interested. We are only interested in getting our goods back ”, end.

    LM:  But naturally you knew the subject of the discussion between….

    PB:  Because a moment before Dr. Morini related to me “look there is a person outside that says that he bought goods that you and your colleague reported stolen, he bought them in Milan”.

    LM:  One last thing. Concerning the computer of your colleague Pazzoli, do you remember the brand, the model?

    PB:  No, I’m not able to answer.

    LM:  Thank you.

    GCM:  Please proceed.

    LG:  Excuse me Lawyer Brocchi, I am Ghirga. Your office is on which street?

    PB:  Via del Roscetto, 3.

    LG:  First…. You already told us the height, can you repeat it?

    PB:  The office is on a raised floor, technically, it is not a first floor, is a raised ground floor, that means that from the entrance of the building you go up ten steps to enter the condominium, then on the left end side there is the entrance to the office.

    LG:  An what about this terrace window?

    PB:  It is on the other side of the building.

    LG:  From the outside how much can it…

    PB:  Let’s say that are a few meters, may be three, four, but I am not able …..because I never measured it.

    LG:  But you were speaking of an access from another street that intersects Via del Roscetto?

    PB:  Exactly there is an intersection, Via del Lupo, going downhill.

    LG:  Via del Lupo

    PB:  Via del Lupo, if I remember correctly, it goes down till you reach a dead end, it comes to a courtyard behind the building and then there is another courtyard that is private property enclosed by a gate. If these person or persons entered through here they would have had to open that gate to get inside to what I described before to get into the office.

    LG:  Thank you, I wanted to clarify that.

    GCM:  Mr. Prosecutor, please proceed.

    PM:  (unintelligible - no microphone) ?

    PB:  In effect I don’t know. Seeing as I was alerted to these happenings by agent Rita Spessi of the police station Venezia Garibaldi, sometime later, together with my colleague, we filed an application for the repossession of these goods at the central penal record office of the Procura di Milano, via Manara. After 24 hours an agent, an operator, or a clerk of the central penal record office, calls me on the telephone and tells me: “Look, Lawyer, we saw the application of release, but to us form 21, does not result in any procedure”. To which I said: “How can it be that no form 21 procedure shows up ? The agents would have done a CNR, or not? At least by the end of their duty, having found a person in possession of stolen goods should have reported…”, “Look , there are no results of this procedure”

    PM:  (unintelligible - no microphone) ?

    PB:  Form 21, subject known, in the sense that in the Procura della Repubblica there are various forms, 21, 45, 44, relative documents, etc.

    PM:  (unintelligible - no microphone) ?

    PB:  No, I looked for it as a form 21, but even then they…..I even asked: “Be patient, I will look for it on the other forms”, to which he said: “We cannot find it”. Given that some time had passed this caused me some surprise. That’s it.

    PM:  But they notified you (unintelligible - no microphone) ?

    PB:  No, never.

    PM:  So then this procedure in any case is not a charge (inaudible - outside the microphone)?

    PB:  This I don’t know. I only say that the application of release, I filed it, and that the central penal record office of the Procura called telling me that they could not find the application filed by me and my colleague as the offended parties and no other relative documents regarding this procedure.

    PM:  When did this happen?

    PB:  2008, last year in the spring, months and months after…..

    PM:  Did you by any chance verify if there was (unintelligible audible-outside the microphone)?

    PB:  No, no.

    PM:  (unintelligible - no microphone) ?

    LM:  I oppose this question by the Public Prosecutor because I would like to make it known to the court that we know that there is a penal proceeding, the Public Prosecutor D’Amico in Milan even has it. We asked for the acquisition, and we have right here……

    GCM:  Excuse me lawyer, what is the motive for your opposition?

    LM:  Because the Public Prosecutor is asking if there is a penal proceeding, when in reality……

    GMC:  Excuse me Lawyer, but the Public prosecutor is asking questions to the witness on what he knows. That if evidences comes out from other sources, they will be acquired. The objection is rejected. Please Public Prosecutor.

    PM:  (unintelligible - no microphone) ?

    PB:  Yes, it is a palace of the 15 century

    PM:  Do you know, by chance, which was the path (unintelligible – no microphone)?

    PB:  I can presume it, having found the glasses in the inside, that….

    Note: in this moment the PM microphone is turned on

    PM:  Therefore before I could not be heard.

    GCM:  The answers have been…

    PM:  The answers were…

    GCM:  Yes.

    PM:  I understand.

    GCM:  The other questions… excuse me, the Public Prosecutor was asking if something to you results…

    PM:  If there is a proceeding, and you say there is not one.

    PB:  No, I don’t say there isn’t one, It does not result from me because the the central penal record office of the Procura di Milan, calling me on the telephone, referred to me the day after, that up to that date there was no registration. Now, everything is possible, that they it registered it later, I don’t know.

    PM:  You did not have any news, in any case…

    PB:  Never, never.

    PM:  Did you receive an extension of the investigation?

    PB:  Never, never.

    PM:  Let’s go back to the position of this… then this office is on the ground floor…

    PB:  Raised ground floor.

    PM:  … raised ground floor. From what point do you arrive?

    PB:  On via della Roscetto there are 2 windows on the raised ground floor, on the street front, that are the rooms of my colleague Palazzoli and mine. Then there are…

    PM:  What is the distance from the ground?

    PB:  From via della Roscetto it is minimum 3 meters, yes 3 meters, because I am tall… well it’s 2 or 3 meters. Then going down via del Lupo, there is a slope, until this public courtyard, because via del Lupo is a dead end. Thereafter, from this side the height increases, let’s say, it increases slightly after this small slope, therefore the ground goes up and there is an internal court yard that is accessible from the public courtyard through an iron gate. Going through this gate you arrive at this private courtyard, than there is an armored door with a mesh, so that one with the mesh is on the ground floor, looking up you see this balcony, this little terrace that is outside is my office, that is situated ….. more than three meters, between three and four meters from ground level.

    PM:  So, this door with the mesh is a door and not a window.

    PB:  No, it is a door

    PM:  Therefore all the way to the ground.

    PB:  Yes

    PM:  How high is it?

    PB:  More than two meters for sure.

    PM:  So after this door, there is another meter to arrive… or a meter and a half, two meters?

    PB:  I presume at least another meter.

    PM:  Another meter to arrive to the balcony.

    PB:  At least.

    PM:  Where was the porphyry rock found?

    PB:  On the balcony, on the outside.

    PM:  You said that inside … can you describe what you found? How was the…..

    PB:  The situation.

    PM:  So the rock was outside.

    PB:  The rock was outside, the glass was inside, the glass of the window in part on the corridor and they were covered with our clothes, mine and those of Lawyer Palazzoli, placed right on top of the glass.

    PM:  They were on top of the glass.

    PB:  On top of the glass, and the thing surprised us, “maybe” we said “to not make noise passing over them”, I don’t know, it is only a supposition. After which they were in the room of the photocopier other pieces of fragments of glass always coming from that window, the only one broken, they were situated on a small rug that was right in front of a workplace, a computer. Then right in front of this there were drinks, real close, open, partially consumed. Then we went into the other room, where the filing cabinet is, it was completely turned upside down. All the drawers were open, all the files were taken and the papers all mixed up on the floor, there were a mountain of paper, an entire archive practically mixed up, that many things we were never able to find, some later, some first, others later. Therefore this was the situation. Then inside my room, on my desk, there was a leather suitcase belonging to me, on top of this suitcase in a very orderly way were placed some screwdrivers, pliers, a hammer, facing the window, all perfectly aligned and facing the window. Even here all the papers in disarray. A chest of drawers was opened, inside were files, all the records of the law practice funds, all the annual quotas of the inscriptions, all things that we found eventually with a lot of effort, mixed one on top of the other. Even here was another filing cabinet of my dossiers that was opened and all the papers mixed up. Then inside of the administrative office there were, there are all the folders with the contracts of the intensity bills, with the deed to the office, all upside down. There was the placement of the [printer] that was… let’s say there had been activity, because we found receipts scattered close to the machine, so there had been…at the least this person or persons had gone to satisfy themselves of what that instrument was. This was…

    PM:  Listen, was the cell phone given back to you?

    PB:  No, I asked for the release, I deposited …

    PM:  So it is in possession of the police or the procura?

    PB:  Office of the body of evidence, I presume.

    PM:  Fine. I don’t have any other questions.

    GCM:  Questions from the civil parties? None, President. The defense can complete it’s questioning.

    LM:  I would like to deposit a record that naturally is in the dossier of the Public Prosecutor and on the basis of this record then ask questions of the witness.

    GCM:  Maybe put this record at…

    LM:  It’s about.. this can be useful to the lawyer because the number of the penal procedure that charges Rudy Guede is indicated and a warning effected on February 1, 2008 by the Procuratore della Repubblica, the assistant D’Amico, that is carrying out the investigation with regard on Rudy Guede for the crime of theft, receiving stolen good, and for the crime of carrying an illegal weapon, law 110 of ’75. This information was also given to the Procura della Repubblica of Peruga, to Dr Mignini, with communication via fax.

    PB:  When was the procedure registered? Ah excuse me,I can’t…

    GCM:  Let’s see the document. So the parties have seen this document?

    LM:  There is an error in the writing of Dr Mignini (“Dr Minnini”) but it can be understood that it is his fax and and it was even addressed …

    GCM:  Even the defense of Knox knows this…?

    LG:  (unintelligible no microphone) ?

    GCM:  The question in relation to this document?

    LM:  The question is this, Doctor D’ Amico makes aware that all of the confiscated material and thus the computer and the Nokia cell phone, had already on the date of February 1, 2008, prior to February 1, 2008, been passed on to the police station of Perugia.

    PB:  So it is in Perugia.

    LM:  The question is this, I would like to know, did you request in the first days of the year 2008 to the police station the return of…

    PB:  No, I did so to the Procura di Milan, believing that it was held in the body of evidence of the Procura di Milano, because those people told me they were found in Milan and that it was probable evidence of a criminal activity. Therefore, I thought to make a request of release to the Procura di Milano.

    LM:  Reading the letter sent by Dr D’ Amico , for the Procura di Perugia, both the computer and the cell phone are indicated. Can you recognize the computer, property of your colleague?

    PB:  I say that the cell phone without doubt was a Nokia; the 27th of October 2007 is true because it was Saturday; the Sony Vaio I cannot be certain of the brand, because I absolutely don’t remember it, because it was not even mine, , therefore I don’t know. The attempted aggravated theft, 56, 624, 625, 648…

    GCM:  Only on the objects.

    PB:  Yes. No, the objects… I can only say about the cell phone.

    GCM:  So only the cell phone.

    LM:  I ask for the acquisition so as to demonstrate that, indeed, there is a penal proceeding.

    GCM:  Agreed. Other questions?

    PB:  So it is pending in Milan. The strange thing that I can say to the president is this…  I see that it includes the form 21/2007. So I don’t understand why the Penal Central Record Office told me that it was not pending…

    GCM:  Excuse me layer, let’s go back to the testimonial questioning, therefore on the circumstantial facts.

    LM:  Let’s go back to the reconstruction of the entry path in your office by the thief. To the question by the Public prosecutor you explained, as you explained to me, that this window is at the height of about 3/4meters from the ground floor.

    PB:  From via del Lupo, yes

    LM:  Then you refer to a door, an iron door which is close…

    PB:  Yes, I confirm.

    LM:  And this iron door at what distance is from the window?

    PB:  It is perpendicular just under the window.

    LM:  So therefore there were, let’s say, coarseness on this door that could allow an eventual…

    PB:  A fit person, not I; a fit person, not someone like me, could have climbed up with the risk of plummeting to the ground, because there is clearly no protection, there is nothing but a vertical wall.

    LM:  I do understand. One last thing, the window from which the thieves entered as you indicated, is higher than the other windows?

    PB:  No, because the office is on the same level and it is exactly…you mean compared to the office or as per the window height?

    LM:  Compared to the street level and the other windows.

    PB:  No, at this point, when you get to little terrace you are practically at the level of the other windows.

    LM:  One last thing, when that man on the 29th of October that man, Rudy Guede, came to your office…

    PB:  No, not in the office, he was on…

    LM:  On the landing?

    PB:  Not even, he was in the entrance… on the steps between the street and the entrance of the office…part of the lobby. He did not enter the office.

    LM:  His intention was to come inside the office, to come to you?

    PB:  I don’t know. As a matter of fact he didn’t know who I was, because, when he rang he rang on Legal Office, because evidently somebody had told him that those goods had been… but I repeat, I did not speak with him, therefore no… they are all things told to me by Dott. Morini, so they are not of my direct knowledge.

    LM:  Thank you.

    GCM:  When did this take place?

    PB:  This happened Monday afternoon around 5, late afternoon on October 29th 2007

    GCM:  So how many days after the theft?

    PB:  The theft was October 13th, this on the 29th .

    GCM:  If there no other question the witness is excused.

    There are no other questions; the witness is dismissed.

    GCM:  The communication from the Procura della Repubblica, Tribunale Ordinario of Milano dated the 1st of February 2008 is acquired in order to be used. Who is next?

    LM:  Lawyer Palazzoli



    Thursday, December 11, 2014

    Even More Reasons Why Nobody In Italy Seems To Be Claiming Innocence Of RS And AK

    Posted by Peter Quennell




    1. The Knox-Sollecito State Of Play

    On average we get an email or two from readers in Italy every day.

    Maybe half are from Italians and half are from foreigners who are resident there. This is from an appreciative American who is married to an Italian and now lives in Milan.

    I go back to Perugia and my friends there as often as I can - everything there is very special to me. Perhaps this sounds a little strange but, to me, the city seems to have lost it’s innocence with Meredith’s murder. I still haven’t met anybody in Italy - from North to South (or from Switzerland either) who believes that Amanda Knox and Raffaele Sollecito are innocent.

    No-one in Italy any longer seems to believe that AK and RS or of course Guede were not involved. The courts have made their case.

    There has simply been too much documentation, too much commentary broadcast on TV, too many disturbing facts coming to light like Knox having sex for drugs with a drug kingpin right up to the night of her arrest.

    The incessant bickering of the two has become a bore. Trials against Sforza, Aviello, and Sollecito proceed and more charges against Amanda Knox and Curt and Edda Mellas remain.  Since this time last year neither of the two has won even one point.

    2. More Proof Undermines The Guede Hoax

    Can you figure out what the image at the top depicts?

    This is the north end of the massif from the east. Right at the center is the law office of Dr Paolo Brocchi, whose office was burgled and whose laptop turned up in the possession of Rudy Guede in Milan. Meredith’s house is visible at top-right and Patrick’s bar, the English girl’s house and the courts are all off to the left.

    At the bottom of the image below in the center is a narrow dark ally. Whoever broke in seems to have done so via that ally and a narrow balcony on the second floor of the law offices. 






    The killer-groupies refer to Rudy Guede as the FORGOTTEN killer though there is no logical reason why. He doesnt hog the limelight but he is convicted and he is doing his time.

    The killer-groupies claim Guede was a drug dealer (untrue), a petty thief (unproven), a knife wielder (untrue), who threatened a man (untrue), a police snitch (untrue) who killed Meredith alone during a burglary which went wrong (untrue). Quite a list of false claims. 

    There is in fact zero evidence proving Guede acted alone. Meredith’s missing money was equivalent to money Knox could not explain.  Read the 45 posts here for all the proof the killer-groupies ignore.

    Absolutely key to the verdict of the trial court were the TWO recreations of the attack on Meredith. Each pointed to three attackers. Both were presented in closed court. 

    Please follow the images below to see how a burglar broke into Dr Brocchi’s office two and a half weeks before Meredith was killed.

    The front door of the law office is at street level. Because the ground slopes down at the rear, the law office is one level above ground level. That is where the glass in the French doors was broken and the break-in may have occurred. 




    Above and below: images of law office at the street level from the front,






    Whether it was Guede or not (there are good reasons for thinking it was not) he or she broke in around the back, up that alley, in the dark, where there is a quite easy reach up to the floor of a narrow balcony outside the French doors.



    Above and below, law office from back, balcony is at hard left not visible here





    Above and below, law office from back, balcony is visible one floor up from ground level





    Above law office from back, balcony is visible one floor up from ground level



    What does that climb resemble? See the final image below. It fairly precisely resembles the climb in the dark onto Meredith’s balcony, also at the back, a route which two separate sets of burglars used in 2009.

    It does NOT resemble at all the climb into Filomena’s room, much higher, in bright light, which to this day not one person has been able to emulate, and which would actually resemble a climb to the office windows at the front in bright streetlight . 

    Those who claim that climbing into Filomena’s window was anyone’s known “modus operandi” are not telling the truth.




    Above, Meredith’s house from the east with balcony used by burglars at the back


    There were no fingerprints in the office and to this day nobody can say for certain what the burglary was really about.

    Only that certain legal papers had been accessed and it is held probable in Perugia that someone was trying to interfere with a legal case. Two other offices at the back were bypassed. 

    Neither Dr Brocchi nor Ms Maria Del Prato who encountered Guede in her nursery school in Milan pressed charges against him for assault or theft. Their testimonies at trial were low-key and puzzling but certainly did not leave Guede in a worse light. Neither had an axe to grind with him.

    So the Milan police and courts finally acted against Guede merely for being in possession of a couple of items of stolen property. Nothing more.

    If Guede had no already been convicted he would have served no prison time.

    But as we recently reported he gets an additional 16 months in prison and his work-release is denied.  Guede’s final appeal to Cassation has just been turned down.

    The killer-groupies should move along. Demonizing Guede with false claims and lying to justice departments (their new angle) will never ensure Knox remains free.


    Wednesday, November 05, 2014

    Denial Of Parole For Rudy Guede Could Be Yet More Bad News For Knox And Sollecito

    Posted by Peter Quennell



    Above and below: Mammagialla prison at Virterbo north of Rome where Guede is


    Rudy Guede has been in prison at Viterbo for seven years less only several weeks now.

    Despite his claims via closed-circuit TV that he has had an exemplary record and has nearly finished a college degree, the Italian parole oversight board in Rome has just declined his work release application.

    Rudy Guede has been treated fairly, and does seem to have behaved himself, and there is zero evidence he was on a crime wave or dealt drugs or acted as a snitch for the Perugia police.

    Despite that, he has never been given any breaks in the past seven years except as described here by the current system. 

    That post in fact reflects the view of a number of pro-victim Italian judges and prosecutors who personally incline toward the UK and US practice of plea bargaining under which the accused puts realistic evidence on the table and rolls over on accomplices and shows real remorse, in return for which lesser charges are arrived at.

    The grounds for refusing work-release parole were not published, but if this is a way of pressuring Guede into further pressuring Knox and Sollecito? Go for it.







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