Breaking news. Guede appeal decision due from Cassation tomorrow wednesday against the Florence court refusing him a retrial. More about this in Comments under top post. A retrial could hammer home once and for all to misled Americans that there WERE three attackers - which even the defenses accepted, hence calling Aviello as defense witness.

Subject area: Trials 2008 & 2009

Tuesday, February 13, 2018

Knox v Knox: How She Herself Provides Proofs Of Lies That Could Still Hurt Her In Court #4

Posted by Chimera



Guede was handcuffed and put in that cage; for some reason not RS or AK

Click here to go straight to Comments. Long post.

Series Overview

Knox’s trial testimony over two days in June 2009 is about 200 pages long.

In her book, this was boiled down to a little more than one page. Anything that made her look bad was simply left out. That was one of only two times she was ever pressed hard for the truth.

The other time was at the 17 Dec 2007 interrogation she herself requested of Dr Mignini, from which she withdrew without clear answers under mild questioning, seemingly in tears.

Pretty well at all other times Knox desperately spins and misleads.

Her Perugia lawyers don’t ever seem to believe her and have previously asked her to stop, but seem to have given up now (or not been paid). It seems certain that the Knox book (not published in the UK or Italy for legal reasons) was never run past them.

We have highlighted 500-plus provable lies and 90 provable demonizations in that book - large numbers, but still a fraction of her total record if one includes her paid talks.

This series contrasts what Knox was edged into admitting on the stand with her wild claims in the book when she was under no control. The previous posts appeared here and here and also here.

Numbering of instances resumes from the previous post.

27. Trial Versus Book

Knox At Trial In 2009…

AK:  I took so many creative writing courses, but in one of them, they asked me to write a piece on the ten minutes prior to the discovery of a body.
CDV: This was the subject given to you by the teacher?
AK:  Yes. It was exactly the subject.
CDV: For everyone?
AK:  What?
CDV: For all the students, or just for you?
AK:  No, for all the students.

Knox In Her Book 2013-15

[Comments] I haven’t found it in WTBH, and It seems extremely farfetched

28. Trial Versus Book

Knox At Trial In 2009…

AK:  Yes. They called me downstairs and told me that they had to confiscate some things in my room. They told me I could either go up with them and do what I wanted and they would come later with a warrant, or I could let them take whatever they wanted spontaneously. I said they could, so they came up with me and they came into my room and looked in all my things, and they took everything on which I had written anything.
CDV: Listen, in relation to this diary, there is a part in which you tell about the AIDS tests that were made in the first days. Can you tell us? It’s written in the diary, but you can tell us exactly what happened, and also why you wrote about it in the diary?
AK:  So, the first thing that happened when I got to prison was that they made a [blood] analysis. After the analysis, they called me downstairs and told me that they had to make further tests because I might have AIDS. I was really shocked because I didn’t understand how it could have happened that I could have gotten AIDS. But they advised me to think about where I might have caught it, so they wanted me to really think about it. So I was writing in my diary about how astonished I was, and then I wrote down every partner that I had ever had in my life…
CDV: How many are there? Do you remember their names?
AK:  Seven.
CDV: These are the partners that you had in your life?
AK:  Yes. All of them.
CDV: Why did you write them down? For some kind of check?

Knox In Her Book 2013-15

[WTBH, Chapter 11, page 137] After my arrest, I was taken downstairs to a room where, in front of a male doctor, female nurse, and a few female police officers, I was told to strip naked and spread my legs. I was embarrassed because of my nudity, my period—I felt frustrated and helpless. The doctor inspected the outer lips of my vagina and then separated them with his fingers to examine the inner. He measured and photographed my intimate parts. I couldn’t understand why they were doing this. I thought, Why is this happening? What’s the purpose of this?

[WTBH, Chapter 12, Page 149] “Wouldn’t listen to you?” the doctor asked.“I was hit on the head, twice,” I said. The doctor gestured to the nurse, who parted my hair and looked at my scalp.“Not hard,” I said. “It just startled me. And scared me.” “I’ve heard similar things about the police from other prisoners,” the guard standing in the background said.

[WTBH, Chapter 13, Page 154] In forbidding me from watching TV or reading, in prohibiting me from contacting the people I loved and needed most, in not offering me a lawyer, and in leaving me alone with nothing but my own jumbled thoughts, they were maintaining my ignorance and must have been trying to control me, to push me to reveal why or how Meredith had died.

[WTBH, Chapter 16, Page 192] Doctor-patient confidentiality didn’t exist in prison. A guard was ever-present, standing right behind me .This bothered me so much that, as time went on, I skipped a needed pelvic exam and didn’t seek help when I got hives or when my hair started falling out. Whatever happened in the infirmary was recycled as gossip that traveled from official to official and, sometimes, back to me.

[WTBH, Chapter 16, Page 192-194] Vice-Commandant Arguer every night at 8 P.M. in his office—the last order before lights out at 9 P.M. I thought he wanted to help me and to understand what had happened at the questura, but almost immediately I saw that he didn’t care. When I ran into him in the hallway he’d hover over me, his face inches from mine, staring, sneering. “It’s a shame you’re here,” he’d say, “because you are such a pretty girl,” and “Be careful what you eat—you have a nice, hourglass figure, and you don’t want to ruin it like the other people here.“He also liked to ask me about sex. The first time he asked me if I was good at sex, I was sure I’d misheard him. I looked at him incredulously and said, “What?!“He just smiled and said, “Come on, just answer the question. You know, don’t you?“Every conversation came around to sex. He’d say, “I hear you like to have sex. How do you like to have sex? What positions do you like most? Would you have sex with me? No? I’m too old for you?“His lewd comments took me back to the pickup lines used by Italian students when I’d relax on the Cuomo steps in Perugia. I wondered if I should just chalk up his lack of professionalism to a cultural difference. Sitting across the desk from him, I thought it must be acceptable for Italian men to banter like this while they were on the clock, in uniform, talking to a subordinate—a prisoner. He had me meet with him privately and often showed up during my medical visits, but I had always been so sheltered, I didn’t think of what he did as sexual harassment—I guess because he never touched or threatened me. At first when he brought up sex I pretended I didn’t understand. “I’m sorry—Mi displace,” I’d say, shaking my head. But every night after dinner, I felt a knot in the pit of my stomach. I had no choice but to meet with him. After about a week of this behavior, I told my parents what Arguer was saying. My dad said,“Amanda, he shouldn’t be doing that! You’ve got to tell someone! “Knowing that Dad thought this was wrong validated my own thoughts. But Arguer was the boss—what could I do? Whom could I tell? Who’d take my word over his? Silently, I rehearsed what I would say to him: “These conversations repulse me.” But when we were face-to-face, I balked, settling on something more diplomatic—“Your questions make me uncomfortable,” I said.“Why?” he asked. I thought, Because you’re an old per. Instead I said, “I’m not ashamed of my sexuality, but it’s my own business, and I don’t like to talk about it.”

[WTBH, Chapter 16, Page 194] I still wasn’t sure this was something I should bother Luciano and Carlo with. But when it continued for a few more days, I did. Luciano looked revolted, and Carlo urged me, “Anytime At-giro calls you alone into an office, tell him you don’t want to speak with him. He could be talking about sex because Meredith was supposedly the victim of a sexual crime and he wants to see what you’ll say. It could be a trap.“But I was so lacking in confidence I couldn’t imagine it would be okay to resist Arguer directly. I reminded myself that the pressure I felt during these sessions wasn’t anything close to the pressure I’d been put under during my interrogation. Arguer usually sat back and smoked a cigarette, and I knew that I could just wait out his questions. Eventually he’d send me back to my cell. I didn’t tell him off because I’m not a confrontational person.

[WTBH, Chapter 17, Page 197] November 15-16,2007 Vice-Commandant Arguer broke the news. Instead of his usual greeting—a lecherous smile and a kiss on both cheeks—he stayed seated behind his desk. His cigarette was trailing smoke. His face was somber. Something was wrong.

[WTBH, Chapter 17, Page 199] The untruths kept coming—seemingly leaked from the prosecutor’s office. In mid-November the press announced that the striped sweater I’d worn the night of the murder was missing, implying I’d gotten rid of it to hide bloodstains. In truth I’d left it on top of my bed when I came home to change on the morning of November 2. The investigators found it in January 2008—in the same spot where I’d taken it off. It was captured in photos taken of my room, which my lawyers saw among the official court documents deposited as the investigation progressed. The prosecution quietly dropped the"missing sweater” as an element in the investigation without correcting the information publicly. Convinced that arguing the case in the media would dilute our credibility in the courtroom, Carlo and Luciano let the original story stand. Things that never happened were reported as fact.

[Chapter 18, Page 209] And if I was drop-dead sexy, it was news to me. Vice-Comandante Argiro always made a production out of opening my mail, winking and chattering about how many admirers I had.

[WTBH, Chapter 18, page 212/213] Arguer was standing a foot behind me when I got the news. “Maybe you should have thought about that before you slept with lots of people,” he chided. I spun around. “I didn’t have sex with anyone who had AIDS,” I snapped, though it was possible that one of the men I’d hooked up with, or even Rafael, was HIV-positive.“You should think about who you slept with and who you got it from.“Maybe he was trying to comfort me or to make a joke, or maybe he saw an opening he thought he could use to his advantage. Whatever the reason, as we were walking back upstairs to my cell, Arguer said, “Don’t worry. I’d still have sex with you right now. Promise me you’ll have sex with me.”

[WTBH, Chapter 18, Page 215/216] That possibility hadn’t occurred to me. But when I told them, Luciano and Carlo seconded that idea. “It could be a ploy by the prosecution to scare you into an even more vulnerable emotional state so they can take advantage of you,” Carlo said. “You need to stay alert, Amanda, and don’t let anyone bully you.“In the end, I don’t know if they made up the HIV diagnosis. It wasn’t the doctor who said I should think about whom I’d had sex with, but Arguer. It might have been that the test was faulty, or Arguer could have put the medical staff up to it so he could ask me questions and pass the answers along to the police. It was nearly two months before the doctors let me know that the HIV test had come out negative. When they did, I thought, Oh, thank God! But I was still seeing the doctors twice a day, and it had been a longtime since anyone had even brought it up.

[Comments] This all makes for a nice story. However, if you read AK’s June 2009 testimony, NONE of this appears in there. She never mentions sexual assault, sexual harassment, or violations of her rights. No complaint was ever filed by her lawyers, or family (the ECH appeal is not the same thing). Funny that none of this made it into her testimony, if she was so badly mistreated. Below is the closest thing (from the trial testimony), but AK herself is likely the source of the leak

29. Trial Versus Book

Knox At Trial In 2009…

AK:  More than that, it was panic, I was crying.
CDV: This was during the first period of time that you were in prison? Do you remember the period of time?
AK:  Yes. In fact, I didn’t understand anything. I was there with a climate who was going crazy, who kept yelling “Don’t touch me! You have AIDS!” and then there was this inspector who kept coming to talk to me, saying “Ah, come on…”
CDV: What? An inspector or a doctor?
AK:  There was an inspector who called every day…
CDV: And then there was a doctor?
AK:  And there was also a doctor who also called me every day

CP: I think I’m talking about November 30th. On November 30, you were in front of the Tribunals deli Same. Why didn’t you declare this circumstance, that Patrick was foreign to all this, totally innocent?
AK:  So, that date is when I arrived here, to the Camera Di Consiglio?
CP: Yes.
AK:  That’s it. So I said, I made a spontaneous declaration in front of those judges, saying that I was very upset about the fact that Patrick had been put in prison because of me. I said that. If I’m not mistaken.
CP: Listen, the first time you ever actually said that Patrick had nothing to do with it, when was it? Do you remember? Of these people you told, was it to your lawyers? Or was it your mother on the phone on the 10th?
AK:  That Patrick had nothing to do with it? I imagined that he was innocent because—
CP: But when did you said it for the first time? In the phone call with your mother on November 10th?
AK:  I don’t know when the first time I told someone was.
GCM: Excuse me. Before you told your mother, did you tell anyone else?
AK:  Yes, I wrote it in my memorandum of the 7th, and then when I discussed the situation with my lawyers, I explained why I had said these things. And I explained the fact that I couldn’t talk about the guilt of this person. I thought that, at a certain point, thinking about how Patrick was, I thought that it wasn’t even possible that he could be guilty of something like that, because he wasn’t like that. But I wasn’t actually in the house seeing anything, so I couldn’t actually state whether he was guilty or not.
GCM: Yes. But before you told your mother on November 10th in that recorded conversation, did you tell others? That Patrick, as far as you knew, had nothing to do with it?
AK:  I had explained the situation to my lawyers, and I had told them what I knew. Which was that I didn’t know who the murderer was. That.
CP: But listen, in the memorandum of the 7th, you did repeat that Patrick was the murderer. Do you contest that? You expressly say “I didn’t lie when I said Patrick was the murderer. I really did think he was the murderer.” So in the memorandum of the 7th, you confirm—

Knox In Her Book 2013-15

[Chapter 19, Page 224] Seeing how the prosecution treated Patrick in the two weeks since his arrest should have given me in sight into how they worked. My lawyers told me it had been widely reported the week before that Patrick had cash register receipts and multiple witnesses vouching for his whereabouts on the night of November 1. A Swiss professor had testified that he’d been at Le Chic with Patrick that night from 8 P.M. to 10 P.M. But even though Patrick had an ironclad alibi and there was no evidence to prove that he’d been at the villa, much less in Meredith’s bedroom at the time of the murder, the police couldn’t bear to admit they were wrong. Patrick went free the day Guide was arrested. Timing his release to coincide with Guide’s arrest, the prosecution diverted attention from their mistake. They let him go only when they had Guide to take his place.

[Comments] In the book, AK claims that the police intentionally held onto PL until they had another suspect (Guide). But she conveniently omits she plainly told her mother PL was innocent. In fact, she could have gotten him released….. Oh wait, she could have just not accused him in the first place.

30. Trial Versus Book

Knox At Trial In 2009…

LG: I see. From certain declarations which you spontaneously emitted in the following days, you were heard to mention a certain “June”. Who is this June?
AK:  June is the friend of Laura who found me the job with Patrick, because he worked for Patrick. In fact, he was my personal contact at work. At least, he was the one who often had to translate for me, to tell me what I was supposed to do, also because since my Italian wasn’t great, I would listen to Patrick, and then turn to June to ask him what I was really supposed to do. He spoke to me in English.
LG: But what is his nationality?
AK:  I think he was Albanian? I don’t remember. But he was a foreigner. He hadn’t been in Italy very long.
LG: We’ve already spoken about your relations with Patrick. But I wanted to ask you one thing. Did Patrick ever have any complaints about you? For example, because you didn’t show up for work, or because of the way you worked?

Knox In Her Book 2013-15

[Comments] June was one of the 7 names AK dropped in the list building exercise of November 5. But that list is never mentioned in her book.

31. Trial Versus Book

Knox At Trial In 2009…

AK:  I felt fine. I remember that Laura sometimes complained that there were draggier around, but I felt quite safe.
LG: I see. Do you remember when you called Filomena, more or less, on that morning?
AK:  I called Filomena when Rafael advised me to call someone.
LG: And what did Filomena say?
AK:  Filomena was worried. She asked me if I had called Meredith, and I said I had already called but she wasn’t answering. I told her what I had seen, and she said “OK, when you’ve finished, go to the house and check everything that happened and call me back.”

Knox In Her Book 2013-15

I called Filomena first and was relieved when she picked up. “Ciao, ,” she said.“Ciao,” I said. “I’m calling because when I came home from Rafael’s this morning, our front door was open. I found a few drops of blood in one bathroom and shit in the other toilet. Do you know anything about it?”“What do you mean?” she asked, her voice instantaneously on high alert. “I didn’t stay there last night—I was at Marco’s—and Laura’s in Rome on business. Have you talked to Meredith?”“No, I tried you first,” I said.“I’m at the fair outside town,” she said. “I just got here. Try Meredith, and then go back to the house. We need to see if anything was stolen.” She sounded worried. I called Meredith on her British phone. A recording said it was out of service. That struck me as odd. Then I pulled up Meredith’s Italian number. It went straight to voice mail.

[Comments] AK gets these details consist, but they are different than what the actual phone records show. Specifically, she made the 3 and 4 second calls to Meredith’s phones BEFORE calling Filomena. AK claims in the book that the British phone was out of service, and the Italian phone went straight to voicemail. Odd that she remembered those details while forgetting the phone calls to her Mom. However, when Filomena called these numbers, the phones rang and rang

32. Trial Versus Book

Knox At Trial In 2009…

LG: Did you try to climb over the balcony?
AK:  Yes. When I saw that Meredith’s door was locked, and that if she was in there, she wasn’t answering, I really wanted to find out whether she was in there or not. I was confused about this, because why should her door be locked if she wasn’t inside? So first I tried—the way the house is situated, she had a window near that little balcony, so I first tried to climb over the balcony to see if I could see inside. But I couldn’t, and [laughing] Rafael was saying “No, get back here!” and pulling me back onto the balcony. So then he tried to knock the door down.
LG: Yes, and I know that you had tried to open the door together, hadn’t you?
AK:  Yes. Rafael tried giving it a kick, and also pushing it with his shoulder to open it, because we didn’t know why that door should be locked.
LG: And you also tried calling out Meredith’s name?
AK:  Of course, and I also tried looking in the keyhole.

Knox In Her Book 2013-15

“I’m coming home this second,” she said, her voice constricted. Meredith’s door was still closed, just as it had been when I was home earlier. I called out, “Meredith.” She didn’t answer. Could the have spent the night with Giacomo? Or with one of her British friends? Still, at that moment I was more worried about the smashed window in Filomena’s room than about Meredith’s closed door. I ran outside and around the house to see if the guys downstairs were home and to see if they’d heard anything during the night. Outside, away from Rafael, my anxiety soared. My heart started racing again. I pounded on their door and tried to peer through the glass. It looked like no one was home. I ran back upstairs and knocked gently on Meredith’s door, calling, “Meredith. Are you in there?” No sound. I called again, louder. I knocked harder. Then I banged. I jiggled the handle. It was locked. Meredith only locks her door when she’s changing clothes, I thought. She can’t be in there or she’d answer. “Why isn’t she answering me?” I asked Rafael frantically. I couldn’t figure out, especially in that moment, why her door would be locked. What if she were inside? Why wouldn’t she respond if she were? Was she sleeping with her earphones in? Was she hurt? At that moment what mattered more than anything was reaching her just to know where she was, to know that she was okay. I kneeled on the floor and squinted, trying to peer through the keyhole. I couldn’t see anything. And we had no way of knowing if the door had been locked from the inside or the outside. “I’m going outside to see if I can look through her window from the terrace. “I climbed over the wrought-iron railing. With my feet on the narrow ledge, I held on to the rail with one hand and leaned out as far as I could, my body at a forty-five-degree angle over the gravel walkway below. Rafael came out and shouted, “! Get down. You could fall!“That possibility hadn’t occurred to me.

[Comments] Interesting, AK says that she is freaked out, but laughs when talking about it.  Also, she is merely confused, but risks her well being out of worry?!

33. Trial Versus Book

Knox At Trial In 2009. . .

AK:  They wanted me to be careful, but above all, they wanted me to go to them, to try to find myself. I was so disoriented, and I didn’t know where to go, where to look. So they thought maybe I should go to be with them, but I didn’t want to leave Perugia or Italy, because of collaborating with the police, and then, I just didn’t want to leave this place.
LG: How many times did you go to the Questura in the following days, the 3rd, the 4th, the 5th?
AK:  I went back every day.
LG: And more or less for how many hours, for how much time?
AK:  It depended, but it was always for several hours.
LG: But did you also go to class on those days? You tried to continue your normal life?
AK:  Yes. Finally on the 5th, I had time to go to class. And then Rafael was called.

Knox In Her Book 2013-15

[WTBH, Chapter 7, Page 83] The police weren’t stopping to sleep and didn’t seem to be allowing us to, either. Rafael and I were part of the last group to leave the questura, along with Laura, Filomena, Giacomo, and the other guys from downstairs, at 5:30 A. M.

[Comments] As for the police “targeting” AK on November 2 (into Nov 3), she lets it slip that EVERYONE in the house was detained.  She also complained (the call was recorded), that she was hanging around the police station, and since they WEREN’T asking questions, it was a waste of her time.

[WTBH, Chapter 9, Page 100] The police took all three of us back to the villa, with Laura and Filomena riding in the backseat of one squad car and the interpreter and me in another. We ducked under the yellow police tape that blocked off the front door and put on protective blue shoecovers. I hadn’t been back in our apartment since Meredith’s body was discovered and the Postal Police had ordered us outside. Tingling with fear, I never thought to reprise my “ta-dah” from the day before.

[Comments] On November 4, yes, AK does go back to the house with the police, but so did Laura and Filomena.  Some targeting.

[WTBH, Chapter 10, Page 105] But by that time I wasn’t paying attention to the news. I was desperate to get back to my regular routine, an almost impossible quest given that any minute I expected the police to call again. I didn’t have a place of my own to live or clean clothes to wear. But trying to be adult in an unmanageable situation, I borrowed Rafael’s sweatpants and walked nervously to my 9 A. M. grammar class. It was the first time since Meredith’s body was found that I’d been out alone. Class wasn’t as normal as I would have liked. Just before we began the day’s lesson, a classmate raised her hand and asked, “Can we talk about the murder that happened over the weekend?”

[Comments] Oh, look, AK still has time to go to class on November 5

[WTBH, Chapter 10, Page 108] I said, “I’ll just come with you. “Did the police know Id show up, or were they purposefully separating Rafael and me? When we got there they said I couldn’t come inside, that I’d have to wait for Rafael in the car. I begged them to change their minds. I said, “I’m afraid to be by myself in the dark. “

[Comments] So AK is not only free during the day but the evening too.  And she lets it drop that she wasn’t actually called to the police station.  She just showed up.

34. Trial Versus Book

Knox At Trial In 2009. . .

CD: What did you—what was your evaluation of this broken window?
AK:  I was perplexed, because. . . First I thought “Oh, a robbery”, but then I didn’t understand, because nothing had been taken from the house, at least—there was a mess in the room, but the computer was there, all the things, the things of value, and Laura’s room was perfectly clean, and mine was as if no one had touched anything, so for me I didn’t understand these things. In fact, I remember having talked with Laura and Filomena and Rafael, at the house of a friend of Laura’s, in the days after, when we were trying to figure out how everything could have happened.

Knox In Her Book 2013-15

[WTBH, Chapter 6, Page 68] I gasped. The window had been shattered and glass was everywhere. Clothes were heaped all over the bed and floor. The drawers and cabinets were open. All I could see was chaos. “Oh my God, someone broke in!” I shouted to Rafael, who was right behind me. In the next instant, I spotted Filomena’s laptop and digital camera sitting on the desk. I couldn’t get my head around it. “That’s so weird,” I said. “Her things are here. I don’t understand. What could have happened?” Just then, my phone rang. It was Filomena. “Someone’s been in your room,” I said. “They smashed your window. But it’s bizarre—it doesn’t look like they took anything. “

[WTBH, Chapter 6, Page 71] They jumped out, and Filomena stormed into the house to scavenge through her room. When she came out, she said, “My room is a disaster. There’s glass everywhere and a rock underneath the desk, but it seems like everything is there. “

[WTBH, Chapter 6, Page 71] The men seemed satisfied; their work was done. They said, “We can make a report that there’s been a break-in. Are you sure nothing was stolen?”

[WTBH, Chapter, 6, Page 75] We waited in the driveway for what seemed like forever. The police officers would come out, ask us questions, go in, come out, and ask some more.


Thursday, January 04, 2018

Knox v Knox: How She Herself Provides Proofs Of Lies That Could Still Hurt Her In Court #3

Posted by Chimera



The reason why there’s no similar shot of RS showing warmth to AK

Click here to go straight to Comments

Series Overview

The title above captures the point of this series in a nutshell.

My previous post listed numerous omissions by Knox in the book of damning exchanges that hurt her at trial. This and future posts show how Knox’s trial testimony contradicts with what the book did actively claim.

Of relevance is that we have identified 518 lies in the Knox book, and 90 demonizations some of which are expected to incur charges.

17. Trial Versus Book

Knox At Trial In 2009…

CP:  All right, I’ll reformulate the question. Meredith, before she was killed, did she have sex?
AK:  I don’t know.
CP:  Then why, in the interrogation of Nov 6 at 1:45, did you say that Meredith had sex before she died?
AK:  Under pressure, I imagined lots of different things, also because during the days that I was being questioned by the police, they suggested to me that she had been raped.
CP:  And the police suggested to you to say this?
AK:  Yes.
CP:  And to make you say this, did they hit you?
AK:  Yes.

LG:  Now what interests me is that you should be precise about the term “hit”, because being hit is something…was it a cuff on the head, two cuffs on the head? How precise can you be about this “hitting”?
AK:  So, during the interrogation, people were standing all around me, in front of me, behind me, one person was screaming at me from here, another person was shouting “No no no, maybe you just don’t remember” from over there, other people were yelling other things, and a policewoman behind me did this to me [you hear the sound of her giving two very little whacks].

LG:  I wanted to know this precise detail.
AK:  Yes.
LG:  After all that, that whole conversation, that you told us about, and you had a crying crisis, did they bring you some tea, coffee, some cakes, something? When was that exactly?
AK:  They brought me things only after I had made some declarations. So, I was there, they were all screaming at me, I only wanted to leave because I was thinking that my mother was arriving, and I said look, can I have my telephone, because I want to call my mom. They said no, and there was this big mess with them shouting at me, threatening me, and it was only after I made declarations that they started saying “No, no, don’t worry, we’ll protect you,” and that’s how it happened.

Knox In Her Book 2013-15

[WTBH, Chapter 10, Page 103]  November 5, 2007, Day Four Police officer Rita Ficarra slapped her palm against the back of my head, but the shock of the blow, even more than the force, left me dazed. I hadn’t expected to be slapped. I was turning around to yell, “Stop!“—my mouth halfway open—but before I even realized what had happened, I felt another whack, this one above my ear. She was right next to me, leaning over me, her voice as hard as her hand had been. “Stop lying, stop lying,” she insisted. Stunned, I cried out, “Why are you hitting me?” “To get your attention,” she said. I have no idea how many cops were stuffed into the cramped, narrow room. Sometimes there were two, sometimes eight—police coming in and going out, always closing the door behind them. They loomed over me, each yelling the same thing: “You need to remember. You’re lying. Stop lying!”  “I’m telling the truth,” I insisted. “I’m not lying.” I felt like I was suffocating. There was no way out. And still they kept yelling, insinuating.

[Chapter 10, Page 116]  They pushed my cell phone, with the message to Patrick, in my face and screamed, “You’re lying. You sent a message to Patrick. Who’s Patrick?” That’s when Ficarra slapped me on my head. “Why are you hitting me?” I cried. “To get your attention,” she said.

[Chapter 10, Page 118]
“Why did he kill her? Why did he kill her?” I said, “I don’t know.”  “Did he have sex with Meredith? Did he go into the room with Meredith?”  “I don’t know, I guess so. I’m confused.”  They started treating me like someone who’d been taken advantage of. They told me they were helping me, that they were trying to get to the truth. “We’re trying to do our best for you.”

[WTBH, Chapter 26, Page 324]
I’d purposely tried to forget the emotional pain of the slap to my head.

Comments On This Above

AK uses the same two “smacks” in numerous different situations.  Obviously, they all didn’t happen, if she was even hit at all, which numerous witnesses denied. Here are seven different claims.

    (a) In 2009 testimony, AK claims police hit her to get her to say MK was victim of sexual assault

    (b) Also in 2009 testimony, AK claims she was hit because she didn’t remember

    (c) A bit later in 2009 testimony, AK implies that she was hit when she wanted to talk to her mother

    (d) In Chapter 10, AK claims she was hit because the police didn’t have her attention

    (e) Also in Chapter 10, AK claims she was hit after she dropped PL’s name

    (f) And, in direct contradiction to point “a”, AK claims the topic of PL forcing sex on MK comes up “after” she is hit.

    (g) And, another contradiction, AK claims she was hit only once

Nothing like a little inconsistency here…..........

18. Trial Versus Book

Knox At Trial In 2009…

AK:  Yes, it was really really cold. First, Raffaele gave me his jacket, but then the others saw that I was cold, really in shock, so they said come, come, let’s get in the car and get warm. And inside that car, we talked more about… we kept on saying “But what did you see? Who was there?” So in the car, heh, still using Raffaele a bit like an interpreter, they explained to me that they heard from someone, from someone else, from one of the officers who were talking, that she…
LG:  Meredith
AK:  ...that Meredith had had her throat slit, and at that point I became a bit…uh [sigh]...I closed myself off a bit inside…I cried a bit because I kept thinking but…how is it possible? No…[slightly desperate laugh], it was too much, so [sigh, voice trembling], and then, we went to the Questura.

Knox In Her Book 2013-15

[WTBH, Chapter 7, Page 78/79] As I sat waiting to hear what else the police needed from me, I asked the detective if it was true that it was Meredith who had been murdered. I still couldn’t let go of the tiniest hope that the body in her room hadn’t been Meredith’s, that she was still alive. The detective nodded and ran his finger in a cutting motion across his neck. I covered my mouth with my hands and shook my head back and forth. No. “I just can’t believe it,” I said softly.
He nodded again, soberly, looking me in the eye.

[WTBH, Chapter 7, Page 82]  When I wasn’t on the phone, I paced. I walked by one of Meredith’s British friends, Natalie Hayworth, who was saying, “I hope Meredith didn’t suffer.” Still worked up, I turned around and gaped. “How could she not have suffered?” I said. “She got her fucking throat slit. Fucking bastards.” I was angry and blunt. I couldn’t understand how the others remained so calm. No one else was pacing.

Comments On This Above

In the 2009 testimony, AK claims that RS found out how MK died, yet in the book, AK writes she was told (by the rather cold gesture) from a detective.  However, this gesture is actually meant to indicate death, not specifically that someone did have their throat slashed.  But AK does correctly know that manner of death—just like if she was there.  She also notes in the book “bastards” suggesting there was more than 1 killer—just like if she was there.

19. Trial Versus Book

Knox At Trial In 2009…

LG:  I’m asking you this because in your first interrogation, in the Questura, on the afternoon of Nov 2, you talked about a corpse in the closet.
AK:  Yes, in fact.
LG:  Can you explain to the court why you said this?
AK:  Well, outside of the house, everyone was talking and crying, people saying different things, asking and calling different things, and they were mostly talking about what they had seen inside the room. I was thinking, a foot? What could a foot be doing in Meredith’s room? So Raffaele asked certain people, for me, to explain what they had seen, and we heard that there was a corpse in the closet, covered with a cover, with one foot out, and that’s the image I understood, that there was a corpse in the closet, shut inside the closet, but there was a foot sticking out. That’s what I understood, but then it was all confusion…
LG:  Sorry, were you finished?
AK:  Yes.

Knox In Her Book 2013-15

[WTBH, Chapter 6, Page 72]  Sitting outside on the front stoop, I heard someone exclaim, `Aimadio” - “armoire.” They found a foot in the closet, I thought. Then, “Corpo!’ - “A body!” A body inside the wardrobe with a foot sticking out? I couldn’t make the words make sense. Filomena was wailing, “Meredith! Meredith! Oh, God!” Over and over, “Meredith! Oh, God!” My mind worked in slow motion. I could not scream or speak. I just kept saying in my head, What’s happening? What’s happening?

[Chapter 6, Page 66]  I felt a lurch of panic and the prickly feeling you get when you think someone might be watching you. I quickly grabbed my purse and coat and somehow remembered the mop I said I’d bring back to Raffaele’s. I scrambled to push the key into the lock, making myself turn it before I ran up the driveway, my heart banging painfully.

[Chapter 6, Page 66]  Forgetting the nine-hour time difference between Perugia and Seattle, I pressed the number sequence for home. My mom did not say hello, just “, are you okay? What’s wrong?” It was in the middle of the night in Seattle, and she was worried. “I’m on my way back to Raffaele’s,” I said, “but I just wanted to check in. I found some strange things in my house.” I explained my reasons for worrying. Then I asked, “What do you think I should do?” “Call your roommates,” she said. “Go tell Raffaele, and call me right back.”

[Chapter 6, Page 69]  I ran back upstairs and knocked gently on Meredith’s door, calling, “Meredith. Are you in there?” No sound. I called again, louder. I knocked harder. Then I banged. I jiggled the handle. It was locked. Meredith only locks her door when she’s changing clothes, I thought. She can’t be in there or she’d answer. “Why isn’t she answering me?” I asked Rafael frantically. I couldn’t figure out, especially in that moment, why her door would be locked. What if she were inside? Why wouldn’t she respond if she were? Was she sleeping with her earphones in? Was she hurt? At that moment what mattered more than anything was reaching her just to know where she was, to know that she was okay.

[Chapter 6, Page 69]  I climbed over the wrought-iron railing. With my feet on the narrow ledge, I held on to the rail with one hand and leaned out as far as I could, my body at a forty-five-degree angle over the gravel walkway below. Rafael came out and shouted, “! Get down. You could fall!”

[Chapter 6, Page 71]  “Not as far as we can tell,” I said. “But Meredith’s door is locked. I’m really worried.” “Well, is that unusual?” they asked. I tried to explain that she locked it sometimes, when she was changing clothes or was leaving town for the weekend,

Comments On This Above

In June 2009, AK claims to be confused about hearing of a foot, and that she has to have it explained to her later.  Yet in her book, she is immediately informed of a body.  And of course, let’s not forget these book quotes where AK is both worried and nonchalant.

Indicative that AK suggests to her mother about blood and the toilet, but Edda “doesn’t” suggest flush, and clean it up.  Almost as if she knew it had some later significance.  Also noteworthy, AK writes that she is worried something may have happened to MK, but when she is told of a body, she doesn’t make the connection.

20. Trial Versus Book

Knox At Trial In 2009…

LG:  Is it true? Do you remember?  AK:  [Sigh, voice trembling] As I was coming to understand what had happened in that house, I felt very very scared, scared even to get near the house, because I saw that there was blood also downstairs in the boys’ apartment, that they wanted to ask me “But is it normal for there to be blood in this apartment?” so I said “No”, and then they wanted me to look at all the knives, and it made a strong impression on me, and all the emotion that I had been keeping inside me escaped, because I’d had this shock, this inability to understand what had really happened, and since I didn’t want to accept it…

Knox In Her Book 2013-15

[WTBH, Chapter 9, Page 100/101]  The police told me to go into my room, and they watched while I did. “Is anything missing?” they asked. “Everything looks okay,” I said, my voice small and quavering. I felt like a kid who’s terrified to go down the hall in the dark. Distraught, I forgot to check if my own rent money was still in the drawer of my desk. “Now come back to the kitchen.” I did. “Open the bottom drawer and look through the knives. Do you see any missing?” This is where we kept our overflow utensils, the ones we almost never needed. When I pulled open the drawer, stainless steel gleamed up at me. “I don’t know if there’s one missing or not,” I said, trembling. “We don’t really use these.” I reached in, pushed a few knives around, and then stood up helplessly. I knew the assortment in the drawer might include the murder weapon—that they were asking me to pick out what might have been used to slash Meredith’s throat. Panic engulfed me.

[WTBH, Chapter 27, Page 335] On the witness stand, Marco Chiacchiera of the Squadra Mobile had explained that “investigative
intuition” had led him to the knife. That flimsy explanation did not help me understand how the police could pull a random knife from Raffaele’s kitchen drawer and decide that it was, without the smallest doubt, the murder weapon. Or why they never analyzed knives from the villa or Rudy Guede’s apartment.Then we heard the prosecution’s hired forensic experts describe the knife as “not incompatible” with Meredith’s wounds. I wasn’t the only person who was perplexed. The experts debated the meaning of this phrase as intensely as they did the physical evidence being presented.

Comments On This Above

In Court, AK claims that the police wanted her to look at all the knives.  Yet in the book, she says she was asked if any were missing.  Not the same thing.

In the Prosecution testimony, AK claims it was “intuition” that led Marco Chiacchiera to the knife.  What she leaves out is that an impression of the knife had been left on the bedsheet in blood, and that they were looking for a specific impression.

21. Trial Versus Book

Knox At Trial In 2009…

LG:  Okay. I won’t show you myself, it would be ridiculous. [Laughing murmurs] Still on the day of Nov 4, you spent a lot of time in the Questura, you and Raffaele had a long conversation that was recorded. First you were in the Questura, then you went home, then you came back, and you were talking, it’s all in the dossier. At a certain point, you were talking about someone called either “Shaki” or “Icam”. Do you remember that circumstance and what you were talking about with reference to this person?
AK:  Okay, um, I thought of him because the police asked me repeatedly who I thought could be a dangerous person, someone who could be…who frequented the house, a man, they only wanted to know about males who visited the house, who were strange or seemed so to us for some reason, and the only person who for me, during the little time I had been in Perugia who had made a negative impression on me was this boy that also Meredith knew, whose nickname, not his real name, was Shaki, or “Shaky”. Meredith and her friends said they called him Shaki or “Shaky” because he moved in a strange way when he danced, and then one time I had a…he went for example to the place where I worked, at the time when I was supposed to go home, it was very late, and he offered me a ride home on his motorbike. But during the ride, he insisted that I go have some dessert with him, and I said, “Look, I really want to go home,” and he said “No, look, I’m giving you a ride, a bit of dessert is nothing,” and he took me to have it, and then he took me to his house, which to me… I kept telling him again and again, “Look, I really want to go home, it’s really late, I’m really tired,” and he kept saying “No, no, relax, relax, come on, sit down on my bed, relax, make yourself comfortable”. I said “No, look, take me home.” So he finally brought me home, and that was it, but it left me with an ugly impression because I thought he wanted to somehow try something, and he was the only person that had made an impression of strangeness on me, like he had intentions that were different from what I wanted. So he made that impression on me, but that’s all, because everybody else I met was nice.

Knox At Trial In 2009…

[WTBH, Chapter 10, Page 108]  “Why don’t you keep talking about the people who’ve been in your house—especially men?” he suggested. I’d done this so many times in the questura I felt as if I could dial it in. And finally someone there seemed nice. “Okay,” I said, starting in. “There are the guys who live downstairs.“As I was running through the list of male callers at No. 7, Via dells Pergola, I suddenly remembered Rudy Guede for the first time. I’d met him only briefly. I said, “Oh, and there’s this guy—I don’t know his name or his number—all I know is that he plays basketball with the guys downstairs. They introduced Meredith and me to him in Piazza IV Novembre. We all walked to the villa together, and then Meredith and I went to their apartment for a few minutes.”

Comments On This Above

AK claims in both the trial and in the book to have been asked about men visiting the house.  This is reasonable, especially because if a break in was faked, it would be useful to know who had access, and who had been by.  But on November 5th, while mentioning a brief description of Rudy (whose name she can’t remember), AK leaves out the fact of the list of names she had been painstakingly building, which was key in disproving Knox’s Interrogation Hoax.

22. Trial Versus Book

Knox At Trial In 2009…

LG:  When I talked about the piercings she got in her ears, I remember that she said she had a lot. If I say to Amanda, if I ask Amanda, eight on the left ear and four on the right ear, could that be the number of piercings?
AK:  Exactly.
LG:  More or less, to have an idea, because it’s a lot.
AK:  Yes.

Knox In Her Book 2013-15

[WTBH, Chapter 6, Page 65] I wasn’t alarmed by two pea-size flecks of blood in the bathroom sink that Meredith and I shared. There was another smear on the faucet. Weird. I’d gotten my ears pierced. Were they bleeding? I scratched the droplets with my fingernail. They were dry. Meredith must have nicked herself.

Comments On This Above

AK claims also to have taken her “newly pierced” earrings out to do that.  Bullshit.  You don’t take new earrings out for several weeks.  You clean them (best you can) in your ears.  Also, unless incredibly infected, there is no blood, but maybe some puss and blistering.  This seems like an attempt to talk away the obvious appearance of blood.  And of course, the obvious question: why the hell didn’t AK clean it up when she saw it there?

23. Trial Versus Book

Knox At Trial In 2009…

LG:  Okay. Then you were interrogated, let’s say interrogated, it was just for information. So you were interrogated.
AK:  Mm.
LG:  During the interrogation, there were several people in the room, did someone come who was involved in Raffaele Sollecito’s interrogation? He was being interrogated in one place, you in another.
AK:  So, there were lots and lots of people who came in and went out, and after one had come in and gone out, another policewoman told me that Raffaele said that I went out of the apartment—at least, Raffaele apparently said that I [stammering] had gone out of his house.

Knox In Her Book 2013-15

[WTBH, Chapter 10, Page 113/114]  Just then a cop - Monica Napoleoni, who had been so abrupt with me about the poop and the mop at the villa - opened the door. “Raffaele says you left his apartment on Thursday night,”she said almost gleefully. “He says that you asked him to lie for you. He’s taken away your alibi.”My jaw dropped. I was dumbfounded, devastated. What? I couldn’t believe that Raffaele, the one person in Italy whom I’d trusted completely, had turned against me. How could he say that when it wasn’t true? We’d been together all night. Now it was just me against the police, my word against theirs. I had nothing left.

Comments On This Above

AK claims both in court and in the book that she had been interrogated, and that during it RS destroyed her alibi.  However, the unanimous police version is that there never was an interrogation, and that until RS revoked his alibi (proven contradictions with his phone records) all that went on was list-building of names.

24. Trial Versus Book

Knox At Trial In 2009…

AK:  So, all papers they brought me to sign, at that point, they were all the same to me, so I can’t even say what I had to sign, arrest warrant, declarations, whatever, because at a certain point, I just wanted to sign and go home.
LG:  Right. But instead?
AK:  Instead, no. After a while they told me I had to stay in the Questura, so I had to stay, and I rolled up in a fetal position to try to sleep, on a chair, and I fell asleep, then I woke up, and I was there thinking and some people were going in and out, and during this period of time, I was telling them: “Look, I am really confused, these things don’t seem like what I remember, I remember something else.” And they said “No no no no no, you just stay quiet, you will remember it all later. So just stay quiet and wait, wait, wait, because we have to check some things.” And at that point I just didn’t understand anything. I even lost my sense of time.
LG:  And I wanted to ask you after how long they took you to prison. At some point there was a car, a police wagon that took you to prison. After how much time was that? You don’t know?
AK:  Well, I can’t say, but what I can say is that I stayed a while in the Questura, and during that time I kept trying to explain to the police that what I had said was not certain, and they took my shoes during that time and they took some pictures, they undressed me to take the pictures, and so it seemed like a long time.

Knox In Her Book 2013-15

[WTBH, Chapter 11, Page 125] Just a few more hours and I’ll see Mom, I thought. We’ll spend the night in a hotel. I asked permission to push two metal folding chairs together, balled myself into the fetal position, and passed out, spent. I probably didn’t sleep longer than an hour before doubt pricked me awake. Oh my God, what if I sent the police in the wrong direction?

Comments On This Above

Indicative that despite this brutal interrogation AK not only remembers it word for word, but remembers afterwards sleeping a fetal position.  She also claims to have been bombarded by questions, but if an interpreter is necessary, then it would have slowed things down considerably.

25. Trial Versus Book

Knox At Trial In 2009…

LG:  All right, I’ve finished the subject of the night in the Questura. When you made your first declaration, it was without the pubblico ministero. Then he came. Can you tell us if there was some discussion about a lawyer? If you remember, and whatever you remember.
AK:  So, before they asked me to make further declarations—I really can’t tell you what time it was, I was lost after hours and hours of the same thing—but at one point I asked if I shouldn’t have a lawyer? I thought that, well, I didn’t know, but I’ve seen things like this on television. When people do things like this they have lawyer. They told me, at least one of them told me that it would be worse for me because it would prove that I didn’t want to collaborate with the police. So they told me no.

Knox In Her Book 2013-15

[WTBH, Chapter 10, Page 118-120]  At 1:45 A.M. they gave me a piece of paper written in Italian and told me to sign it.  On Thursday, November 1, on a day when I normally work, while I was at my boyfriend Raffaele’s place, at about 20:30, I received a message on my cell phone from Patrik, who told me the club would remain closed that night because there weren’t any customers and therefore I would not have to go to work. I replied to the message telling him that we’d see each other right away. Then I left the house, saying to my boyfriend that I had to go to work. Given that during the afternoon with Raffaele I had smoked a joint, I felt confused because I do not make frequent use of drugs that strong. I met Patrick immediately at the basketball court in Piazza Grimana and we went to the house together. I do not remember if Meredith was there or came shortly afterward. I have a hard time remembering those moments but Patrick had sex with Meredith, with whom he was infatuated, but I cannot remember clearly whether he threatened Meredith first. I remember confusedly that he killed her. As soon as I signed it, they whooped and high-fived each other. Then, a few minutes later, they demanded my sneakers. As soon as I took them off, someone left the room with them. Eventually they told me the pubblico ministero would be coming in. I didn’t know this translated as prosecutor, or that this was the magistrate that Rita Ficarra had been referring to a few days earlier when she said they’d have to wait to see what he said, to see if I could go to Germany. I thought the “public minister” was the mayor…
The pubblico ministero came in.

Comments On This Above

Knox knew very well who Mignini was. She and Mignini had been together for extended periods on each of the previous three days. Each time at the house. Both Knox’s book, and Ghirga’s own words, confirm that Mignini was not present for the 1st statement at 1:45.  So that part of the book (that he led the charge) has to be complete B.S.  Also indicative is that AK deliberately hedges her bets in wording everything in “maybe”. This hardly sounds conclusive.

26. Trial Versus Book

Knox At Trial In 2009…

LG:  All right, now I’ll pass to another subject, the recorded conversations of the 10th and the 17th of November. The dates aren’t important but it’s about two conversations in prison, the first one with your mother on Nov 10, we talked about it before, and the second on the 17th with your mother and your father, both. They were transcribed, they must be in the dossier of the GUP. In these conversations, on the 10th with your mother, on the 17th with your mother and your father, there is a sentence… [long pause, flipping pages] here it is: it’s the famous sentence “I was there. I can’t lie about this. I’m not scared of the truth.” Here it is, page 8, Presidente, of the transcription Nov 17. I repeat, she’s speaking with her parents, and she says: “It would be stupid to lie about this because I know I was there.” Do you remember that conversation?
AK:  Of course.
LG:  What did you mean by “I was there”.
AK:  I was in Raffaele’s apartment and I wasn’t afraid [laughing] to say it.
AK:  Yes.

AK:  Honestly, I thought, like the police had told me—the police had told me they had already found the guilty person. And they had suggested Patrick so much that I thought maybe it really was him. But apart from that, in that memorandum that I wrote in prison, the important thing for me was to tell what I knew, and what I knew was where I was on that evening.
CP:  Patrick was in prison because of YOU! You didn’t even say it to the PM on the 8th.

CP:  In the memorandum of the 6th you name Patrick. On the 7th you write another memorandum confirming that Patrick is the assassin. But on the 10th, you tell your mother that you feel terrible because you got him put in prison and you know he is innocent. Do you confirm this?
AK:  At the moment when I named Patrick, I didn’t know if he was innocent or not. I only said it because I was following the suggestion of the police. But when I wrote in the memorandum that I couldn’t accept the things I had said in the Questura, for me that meant I couldn’t know whether he was the murderer or not, I could only know that I wasn’t there.
CP:  But then why on the 10th, three days later, did you say “I feel bad about what I did to Patrick?” To your mother?

Knox In Her Book 2013-15

At trial, Knox tries to spin this to mean being at RS’ house (presumably screwing and getting high) and even that seems left out of the WTBH book on what she testified, chapter 26, pages 322-327).

Comments On This Above

AK had admited to being at the house in her three 5-6 Nov 2007 statements, two of them in evidence as the courts noted guaranteed not coerced. And AK gets questioned on why she would (a) tell her Mum Patrick is innocent but not tell PM Mignini; and (b) write PL is the killer, yet again, tell her Mum PL is innocent. Very valid contradictions to bring up in Court. Yet AK in the book version of the testimony omits all of this.

Conclusion

These contradictions are all proofs of lies. And as my Post #1 showed, the “rushed” version in the book of Knox’s two days on the stand omitted numerous details from the actual June 2009 testimony.

  • AK didn’t delete the message sent to Patrick (PL) since she’s “not a technical genius” and doesn’t know how
  • AK admits to knowing Guede, but not well
  • AK admits PL was nice to her, and she had no reason to fear him
  • AK doesn’t contest Guede lawyer Pacelli’s assertion that Mignini was not at the “1st statement”
  • AK leaves out that there were arguments in court regarding the admissibility of the 1st and 2nd statements
  • AK leaves out that she showed up uninvited on November 5, and was actually told to go home
  • AK leaves out that she volunteered the 3rd statement, asked for paper and a pen
  • AK omits the November 10 phone call to her Mom, where she says PL is innocent
  • AK wrote yet another note on November 7, (WTBH, Page 55), yet in her book omits that Pacelli asked her about it
  • AK was asked (by PL lawyer Pacelli) why she didn’t mention PL to Mignini on Nov 8 at bail hearing with Judge Matteini). That’s not in book
  • AK omits that she testified her lawyers knew PL was innocent and yet did nothing
  • AK omits that she answered questions about her movements the day before
  • AK omits that she was asked about the sink leak and the mop
  • AK omits in her book version that she was asked out November 6
  • AK omits that she was asked about the locked door
  • AK omits that she was asked if she saw Meredith’s body
  • AK omits that she testified to being asked by police about men who visited
  • AK omits that she tried to use her earrings as a way to explain away blood
  • AK omits that she was asked about her “mass email”

This list could be far longer. The point is made that the trial transcript covered far, far more than what AK lists.  True it was supposed to be restricted to the calunnia charge, and true, I don’t expect her to write a trial transcript.  However the book version does not remotely reflect what actually happened on those 2 days.

Posted on 01/04/18 at 06:45 AM by ChimeraClick here & then top left for all my posts;
Archived in Trials 2008 & 2009Knox on stand
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Thursday, December 21, 2017

Knox & Sollecito: How From Their Very First Questionings The Cracks & Fissures Start To Appear #2

Posted by KrissyG



Minimetro at left foresightedly located provides quick 2 mile trip up to the center.

1. The Much Mischaracterized Interview Context

You’ve read the PR-driven meme that Perugia investigators zoomed in way too quickly on Amanda Knox?

And also on Raffaele Sollecito? No, probably not Raffaele. He is a really big nuisance in proving any malicious targeting. Hard to manufacture a reason to zoom in on an Italian male with a rich and connected father and mafia ties.

Say that investigators were doing little else but ferociously framing Amanda Knox, as John Douglas, Steve Moore and Michael Heavey have claimed again and again (and even so advised the Department of State).

Well-trained American investigators will say they are lucky to average upward of a dozen sessions a week with people of possible involvement. If Douglas, Moore and Heavey have it right, what is your best guess here? Five? Seven? Maximum ten?

Okay. Take a look. Amazing, right? And there were many more still in progress. Interviewing went on for weeks. They are all loaded on the Case Wiki. Never recorded, as the PR lie has it? No, literally everything was captured.

Unfair zooming-in? These depositions prove quite the opposite. Right through to the fourth and ultimate session on 5 November, the investigators were mainly in the mode of spreading the net wider and wider. Seeking still others maybe involved.

2. Analysis Of Knox’s First Statement Continues

Remember this is still the same day Meredith’s body was discovered. We are still on the 2 November deposition which sets narrow limits on what Knox could credibly claim later. (Path dependency, for scientists.)

Maybe Douglas, Heavey and Moore would have missed them?! But I’ll point out more Knox claims that for competent law enforcement would be big red flags. Points that dont match up with Knox down the road, and points that don’t match up with Sollecito.

This morning, around 10-11am, I returned to my house alone to have a shower and change my clothes, and in this circumstance I noticed that the entrance door of the apartment was wide open whereas the doors to the rooms inside the house were all closed, at least the ones to Filomena’s and Meredith’s rooms, although I didn’t check if they were locked, whereas the one to Laura’s room was ajar and my door was open as usual.

Why would she say the door of the apartment was wide open?  Remember, we only have Knox’ word for this.  We know it needed a key to lock it.  In Honor Bound, Raff says this applied both coming in and going out.  Imagine for a minute the real reason for returning was to continue tidying up.  The aim had been to finally leave the cottage with the door left flapping open (as though by an unknown intruder).  If it had been locked, then the conclusion would be it must be Knox, as she and Meredith were the only house mates around that weekend.  So, of course, she has to claim it was open.  Distancing herself.

She says she ‘didn’t check if they were locked’ (Filomena’s and Meredith’s rooms).  But why would they be locked.  This indicates an awareness that Meredith’s room was locked.  To explain why she didn’t spot it then, we have the made-up-on-the-spot event, which turns out to be a non-event.  Rather like Gubbio.  They were going to ‘go to Gubbio’, but then they didn’t go.

We see from Knox’ statement, she wants to tell the story as though she really was innocent.  She has to imagine and play role what an innocent person would do.  The door was hanging open.  She was only there because she wanted to shower and change to go to Gubbio   Ah, but what about Meredith’s locked door?  Didn’t try it to see if it was locked.  Which of course it was.  Perhaps Knox has psychic powers to foresee that it might be found to be locked in the future.  Pre-empting and forestalling the tricky question of Meredith’s closed door.

These things seemed really strange to me because, like I already said, it is customary for all of us to always close the entrance door with a key since that is the only possible way to close it. So I started to call [the names of] the girls aloud, but without getting an answer. At that moment I thought that maybe one of the girls had gone out to throw the trash into the bins, or to go to see our neighbors, the boys, who occupy the apartment below ours and with whom we hang out.

Knox claimed she didn’t know Laura and Filomena were away for the weekend until Filomena told her on the phone after she rang her at midday on 2 Nov 2007, a couple of hours later.  But seriously, if there are three possible housemates around, wouldn’t one just call, ‘Hello!  Anybody home?’ 

Truth is, Knox doesn’t want to say she knew Meredith was the only one around, as the next question would be, ‘So what happened when you called Meredith’s name and knocked on her door, and tried the handle’.

Meredith home alone, would be a real reason to panic.  The realisation ‘Meredith might be hurt inside’ mustn’t come – for script purposes – until after Knox has - in her story - had a shower, changed and gone back to Raff to tell him of her strange experience.  She has to account for going back to his abode and ringing Filomena from there.  Rather than ring him from the cottage, she has to walk there and then walk back with him.  After a leisurely breakfast, of course.

Still imagining herself in the role of innocent, she has to dream up why, if she thought all housemates were around they didn’t seem to be after all, so here comes the precluding: ‘I thought that maybe one of the girls had gone out to throw the trash into the bins, or to go to see our neighbors’.

I remember having closed the front door of the apartment, but I didn’t lock it with the keys, and I went to the bathroom located near to my room, the one that only me and Meredith usually use, to have a shower, when I noticed drops of blood on the floor and a bigger blood stain on the bath math and other blood stains on the sink as if someone had smeared it with a bloody hand. This thing seemed a bit strange to me because we girls are all fairly clean and tidy, and we clean the bathroom [immediately] after we have used it. At first I thought that the blood on the sink could be mine because I did some ear piercings about a week ago, so I immediately checked in the mirror and touched my ear. Then I touched the blood on the sink but seeing that it was not removed immediately, that is, it was not recent, I thought it could be some girl’s menstrual blood and because it disgusted me, I did not attempt to clean it.

Reason for not raising the alarm or becoming concerned?  I thought it could be some girl’s menstrual blood and because it disgusted me, I did not attempt to clean it.

Again, a clever lie (or so she thought) whilst expressing her disgust at Meredith’s life blood, it would ‘explain’ why she thought nothing was amiss, just a bit strange (she reasons).  As Meredith was the only other person who used that bathroom, we note the careful avoidance of using her name and the use of ‘some girl’ instead.  Remember, at this stage, she is not to know anything has become of Meredith.  Could be anybody’s blood, is the message, with an innocuous cause (albeit ‘disgusting’.)

No mention of padding back to her room on the ‘disgusting’ bathmat to fetch a towel after the shower, which seems to be a story that evolved later, when her lawyers told her of the five isolated luminol prints in the hallway identified as ‘compatible’ with hers and Raff’s.

Immediately after this I went to the other bathroom, where I usually dry my hair, and after having dried it, I noticed that there were feces in the toilet, that is, someone had used it to relieve themselves, but they had not flushed afterwards. This thing also seemed strange to me for the reasons that I have already stated, and so I avoided flushing it myself.

Again we have the liar’s ready explanation as to why the toilet was left in a disgusting state, even though at this stage, she wasn’t spooked enough to think there was anything to be concerned about.  No, the real reason it was ‘strange’, was that according to Knox, nobody who visited the cottage would ever have not flushed the loo.  So that explains why it dawned on her when they realised there had been a burglary that this faece must be the burglar’s.  She ‘avoided flushing it’ herself, she explains to police, because she had some kind of uncanny intuition it didn’t belong to anybody in the house, nor their friends.

As for Knox shock at the poop, Sophie Purton testified to the court:

One thing in particular that I remember very well regards Amanda’s habits in the bathroom. Meredith said that Amanda often did not flush the toilet. [This] annoyed her and she wanted to do something about it but did not know what to do without creating problems, not wanting to create embarrassing situations.

Same complaint by those in prison with Knox. She does on:

Later I took the mop, which was located inside a closet, and I left my house to go to my boyfriend’s house to clean his room [kitchen] because we had soiled it the previous night. I remember that when I left, around 11.30 am, but I’m not sure about the precise time as I didn’t look very carefully at the clock, I closed the door of the apartment with a turn of the key.

In Knox’ court testimony and police interviews, her favourite refrains are ‘I wouldn’t know what time it was, as I don’t look at the clock’.  One wonders how appropriate this type of sarcasm is in front of murder detectives and a panel of judges.  As Francesco put the time of the pipes leaking at before 8:42 and Knox put it back considerably later, changing it from 9:30, to 10:00 and then to 11:00 pm, we see her dilemma.  She has to say she only took the mop to Raff’s that morning or she’s admitting she returned to the cottage on the night of the murder.

After arriving at the house of my boyfriend, who lives alone in an apartment near my house and to be more precise in Corso Garibaldi number 110, we stayed there for about an hour, for the time it took to clean the kitchen and have some breakfast, after which we returned to my house together. I want to point out that I immediately told my boyfriend about the strange things that I had detected in my house, and he urged me to call one of the girls.

Immediately? That came and went. Here it’s all action, systems go.  The ditzy Knox needed caring Raff to get her to start worrying.  So first two calls to Meredith’s phones.  Then Filomena.  She again has to be told to ‘ring Meredith’, this time by Filomena.  So she dutifully rings Meredith again, this time, just a quick couple of seconds each.  Been there, done that.

And I did indeed first call [emphasis added] Filomena to ask her if she knew anything about the blood I had found in the bathroom, and she replied that she knew nothing about it as she had slept at her boyfriend’s, Marco’s, house the previous night, and the following morning, that is, this morning, she had gone directly to work without going home first. After Filomena, [emphasis added] I phoned Meredith three times and to be more precise, the first time I called her, I called her English cell phone number 00447841131571, which is the first phone number Meredith gave to me, and which I saved first to my phone card; the phone rang several times, and at one point I heard the line disturbances and interruption of rings. So I tried to contact her on the phone with the number 3484673711, and also this time the phone rang but no-one answered. I tried calling her for the third time with the first cell phone number again, but also this time without getting an answer.

I didn’t call Laura because Filomena had told me in the previous phone call that she had gone to Rome, but I don’t remember if Filomena told me when she had left. So I haven’t seen Laura since the afternoon of October 31st this year. At this point, I returned to my house with my boyfriend, worried about Meredith, because she was the only one whose whereabouts I didn’t know of.

As we know, this call was 12:11 yet Knox & Sollecito didn’t actually get to the cottage until circa 12:35, when by coincidence the postale police arrived and Filomena rang Knox again.  This time, she was told of her smashed window.  Knox and Sollecito were so ‘worried about Meredith’ it took over twenty minutes to carry out what should be a five-minute walk. 

Knox doesn’t tell police that the first call she made, after having switched off her phone 20:45 the night before, was at 12:08 to Meredith’s two phones, before she ring Filomena.  So a clear lie, that it wasn’t until Filomena mentioned it that it occurred to her to ring Meredith.  She didn’t realise, either, that police could discover just how long she rang for.  We see it is a nonsense ‘no-one answered’ if they only rang for three seconds or less.  Another sleight of hand, changing the chronology, which takes on a different light when the true time line comes to light.

When I got to my house, around 1 pm, I opened the front door, which I found locked, and entered the apartment. I began to open the doors of the rooms occupied by the other girls. First, I opened Filomena’s bedroom door, that is the first room nearest to the entrance, and together with Raffaele we found that the window, with two shutters, was open and the window glass was broken. I don’t remember if both glasses were broken or only the other one. Broken glass was scattered on the floor, inside the room, near the window. Scared, I thought it could be that a thief had entered the house, and then I quickly glanced around to check that everything was in order, and that nothing had been removed. So I headed to Laura’s room and also there I opened the door and checked that everything was in order. I want to point out that I didn’t go inside the rooms, that I just had a quick look, from the door.

Immediately after that I went into my room, and even there I didn’t notice anything / nothing was different, after which I headed to Meredith’s room, but I couldn’t open the door because it was locked.

Given, having just rang Meredith’s phones three times, and now being told by Filomena that she and Laura were both away for the weekend, you’d think Meredith’s room would be FIRST priority.  Instead, in her account, Knox checks the other two instead, even though Sollecito stated Filomena’s door was wide open when he arrived.  Laura’s door was ‘ajar’ and had a drawer hanging out, and surprise, surprise, Knox’ hunch about Meredith’s door being locked, turns out to be correct, but she only finds out now, some two hours later.

Knox goes to her room, on a dark November day, and doesn’t notice her table lamp is missing (it is on the floor of Meredith’s room) and she would have had to dry herself after the shower (she claims) and change in the dark, as the room had very little natural light.

At that point I looked out from the bathroom terrace, leaning forward to try and see the window of Meredith’s room, but I couldn’t see anything, after which I returned to the door to look through the keyhole and I could only see Meredith’s handbag on the bed. I retraced my steps to take another look at all the rooms without, however, entering any of them and without noticing anything unusual. Immediately after that I entered the first bathroom near the entrance to the apartment where I very quickly looked around without paying close attention to whether the feces were still inside the toilet.

Knox keeps telling the police she didn’t enter any of the rooms, as though she was being carefully to not contaminate any evidence nor disturb the mise en scene the police see set out before them.

At that point while Raffaele remained in the apartment, I went down to the downstairs students’ apartment, and above all to talk with Giacomo hoping he would have news of Meredith’s whereabouts, but no-one answered the door. After I had returned to the apartment, Raffaele decided to call his sister for advice on what to do, and immediately after that call he called, I don’t know if it was the state police (Polizia) or Carabinieri, to come to the house, and in the meantime, I contacted Filomena at her cell phone number 3471073006 to inform her we had found the window panes in her room broken, and that Meredith’s room was locked. She replied that she would join me at once.

So now, the lead up to the discovery of the body is in full swing.  Filomena is on her way, and so are the police.  Once again liar Knox changes the chronology and the correct order of things.  Note how here, Raff calls his sister (a very brief 39 seconds) before Knox claims she contacted Filomena to tell her of the broken window.  Firstly, this would place Raff’s call at 12:35, and we know it was actually 12:47.  Secondly, Knox only called Filomena once, and that was at 12:11. Filomena had to ring Knox – for the third time – at circa 12:35, when she was informed of the mayhem in her room.  Police later found out the real time of Sollecito’s call.

Raffaele, who was worried about Meredith’s safety, tried to break the door to her room by kicking it without success, and immediately afterwards we saw the plainclothes police arrive. After they showed us their identification cards, they inquired about our particulars and our cell telephone numbers. Then they asked us what had happened. We told them about the window we had found with the shattered glasses, about the blood stains found in the bathroom, and about Meredith’s room that was strangely locked. The policemen asked us questions about the people who occupied the house and about the telephone calls made, and in the meantime a friend of Filomena whom I know as Marco, and two other friends of hers I didn’t know, arrived. At that point Filomena began to talk to the policemen, and while I stood aside in the kitchen, the others together with the policemen headed for Meredith’s room and broke down the door. I can’t specify who really proceeded to break down the door. At that point I heard Filomena screaming and saying “a foot, a foot” while the police officers ordered us all to go outside the apartment.

At that point while Raffaele remained in the apartment, I went down to the downstairs students’ apartment, and above all to talk with Giacomo hoping he would have news of Meredith’s whereabouts, but no-one answered the door. After I had returned to the apartment, Raffaele decided to call his sister for advice on what to do, and immediately after that call he called, I don’t know if it was the state police (Polizia) or Carabinieri, to come to the house, and in the meantime, I contacted Filomena at her cell phone number 3471073006 to inform her we had found the window panes in her room broken, and that Meredith’s room was locked. She replied that she would join me at once.

At that moment I learned from my boyfriend that inside Meredith’s room, in the wardrobe there was a girl’s body covered with a sheet, and the only thing you could see was a foot. None of those present mentioned the name of Meredith, and as I left the house immediately after that without having seen the body, I can’t state whether it’s her.

What’s interesting is what Knox omits.  She fails to mention calling her mother at 3:57 am Seattle Time, soon before Luca kicked open the door at circa 13:05.

These “additionallys” are likely answers to further impressive and unexceptionable questions by the police.

Additionally: There are four Italian students living in the apartment on the lower floor of my house, and we often gather together to play the guitar; together with them we also went out a few times to go for a dinner, and once we went to a disco. Meredith and I went out more times together with all the four boys than the other two (Laura and Filomena). These guys are respectively called Giacomo, Marco, Stefano and the fourth, with whom I personally speak very little, I seem to remember is called Riccardo. I know that one of the four guys, to be precise, Giacomo, is Meredith’s boyfriend. In fact, Meredith sometimes slept at Giacomo’s house and sometimes Giacomo came to our house to sleep with Meredith. I want to point out that the two didn’t very often go out together as Meredith went out with her English friends while Giacomo, from what Meredith told me, preferred to spend more time at home.

Additionally: Regarding the house keys, I can say that they are available to each of us, but I don’t know that other outsiders would be in possession of any copies of them, including Raffaele, my boyfriend. I’m sure Filomena gave no key to Marco, her boyfriend, since every time he arrives at our house he always knocks at the door very loudly. Laura doesn’t have a boyfriend, whereas regarding Meredith, I can say that knowing her I don’t think she had given keys to Giacomo even if I can’t definitely rule it out.

Additionally: Meredith and Giacomo had only been seeing each other for a few weeks, and as for their relationship, Meredith herself told me that it was going well, she never talked about any quarrels with Giacomo, whom I moreover find a very quiet guy. As I’ve already said, she went out very often with her English friends, and they used to attend the disco pub “Merlins”. Once I went there too, and another time we went to another disco pub. Both times there were just us girls.

Additionally: Meredith and I did not celebrate Halloween together, in that I, that evening, was at the “Le Chic” pub, but not for work, but I know she went to “Merlins” with her English friends and without Giacomo, as she told me herself just yesterday. She told me that she had a lot of fun. She did not tell me about any new acquaintances made that evening. From what I know she always went out with the same friends, including me, or with Giacomo and his friends. She usually did not go out alone in the evening.

Additionally: I can describe Meredith as a girl of 21 years or age, of English nationality, about 1.70cm (5’7’’) tall, thin build, olive complexion, black hair smooth and long, brown eyes. I don’t think she had any particular marks such as tattoos or other marks on her body. The last time I saw her, she was wearing white jeans and a short, light, pale-colored jacket.

Her email to her address book contacts came some 36 hours later, and we can see how she attempts to consolidate what she told the police.  This becomes a script which she commits to memory in strict chronological order as is in the manner of a liar, in order to keep track of their falsehoods.


Sunday, December 17, 2017

Knox & Sollecito: How From Their Very First Questionings The Cracks & Fissures Start To Appear

Posted by KrissyG



“Now I say… and then you say… and then I say… and then you say”


Reference the caption above: that’s the last time they talked before their first questionings.

Each day the cracks and fissures got worse. Would any cop not get suspicious?! Three days later, Sollecito separates with a bang and proclaims that Knox had made him lie.

That sure went well. Next murder Knox may do alone… A good primer for this post is this guide on how to read lies.

Here’s my take on the Recorded Statement taken from Amanda Knox 2 Nov 2007 in Part 4 of our previous post below.  It is timed at 3:30pm.  Mignini arrived about 3:00.

It could be the Squadra Mobila (the Flying Squad attached to the Carabinieri) took statements at the scene as Knox had to wait at the Questura quite a while before she was spoken to and got home late. 

I have only processed three or four paragraphs so far (so this could turn into a whole series).  What jumps out at me is the following statement:

Around 5 pm I left my house together with Raffaele to go to his house where we stayed the whole evening and the night.

In Sollecito’s own statement of 2 Nov 2007, in Part 5 of the previous post, he states: 

At about 4:00 pm, Meredith left without saying where she was going, while we stayed at home until about 17.30. After that hour, Amanda and I took a little trip to the center to go to my house where we stayed until this morning.

So, from having been at Via della Pergola for lunch, during which time, Sollecito joined her and Meredith had got out of bed after arriving home in the early hours, and according to Knox and Sollecito, still had the remains of vampire makeup on her chin, was wearing her ex-boyfriend’s jeans, and had gone out at four, ‘without saying where she was going’, the pair claim to have gone straight to Raff’s apartment in Via Garibaldi, ‘at about five’.  In Sollecito’s earliest account, it was to go to his house via the centre.

The next written record we have comes from Knox email home to 25 people in her address book on Sunday 4 Nov 2007, in the early hours circa 36 hours or so after Meredith’s body was found.

meredith came out of the shower and grabbed some laundry or put some laundry in, one or the other and returned into her room after saying hi to raffael. after lunch i began to play guitar with raffael and meredith came out of her room and went to the door. she said bye and left for the day. it was the last time i saw her alive. after a little while of playing guitar me and raffael went to his house to watch movies and after to eat dinner and generally spend the evening and night indoors. [sic]

Many believe this was Amanda writing out a ‘script’ to ‘get her story straight’.  One thing about liars, is that they stick rigidly to a set chronology to make it easier to remember their lies.

The next written record is Sollecito’s first written statement to the police:

Raffale Sollecito: November 5th 2007 at 22:40 in the offices of the Flying Squad of the Perugia Police Headquarters

QA Around 16:00 Meredith left in a hurry without saying where she was going. Amanda and I stayed home until about 17:30-18:00.
QA We left the house, we went into town, but I don’t remember what we did.
QA We stayed there from 18:00 until 20:30/21:00. At 21:00 I went home alone because Amanda told me that she was going to go to the pub Le Chic because she wanted to meet some friends.

For the first time we are made aware that the pair went somewhere after leaving Via della Pergola at between ‘5:30 and 6:00’ according to Raffaele’s statement, this glides neatly into Popovic’s visit at 6:00pm at Raff’s abode.  No visible gaps in the timeline here.

Next comes Knox’ handwritten statement to the police:

Amanda Knox Handwritten Statement to the police 6 Nov 2007

‘Thursday, November 1st I saw Meredith the last time at my house when she left around 3 or 4 in the afternoon. Raffaele was with me at the time. We, Raffaele and I, stayed at my house for a little while longer and around 5 in the evening we left to watch the movie Amelie at his house.’

So Knox says they left at 5:00 – sticking to her scripted story as she set out in the email home, whilst Raff makes it an hour later.  So, we are led to believe, they didn’t stay in town long at all, and in any case, ‘I don’t remember what we did’. 

This is a big flag.  When people say, ‘I don’t remember’, they are telling you they recall an event, but are unable to retrieve it from their memory.  In fact, they do not even try, not even when elite detectives are carrying out a crucial murder investigation of your girlfriend’s own roommate.  A person who was not involved will say, ‘I don’t know’ when asked a straight question, not ‘I don’t recall’.

Sollecito sticks to his script: ‘We left via della Pergola, five-thirty to six’:

Raffaele Sollecito 7 Nov 2007 PRISON DIARY

‘An amusing thing I remember is that Meredith was wearing a pair of men’s jeans which belonged to her ex‐boyfriend in England. She left quickly around 4 pm, not saying where she was going. Meanwhile, Amanda and I stayed there until around 6 pm and we began to smoke cannabis.
My problems start from this moment because I have confused memories. Firstly, Amanda and I went to the centre going from Piazza Grimana to Corso Vannucci passing behind the University for Foreigners and ending up in Piazza Morlacchi (we always take that road). Then I do not remember but presumably we went shopping for groceries. We returned to my house at around 8 ‐ 8:30 pm and there I made another joint and, since it was a holiday, I took everything with extreme tranquillity, without the slightest intention of going out since it was cold outside.

Note the signifier, informing the reader, ‘it was cold outside’ embellishing the lie, ‘therefore we could not have gone out that night’.

So, whilst Raff on 7 Nov 2007 has jotted in his PRISON DIARY (which of course he is aware the authorities will be reading avidly), they were out between ‘six and eight’, Amanda writes to her lawyers a couple of days later adhering firmly to her script.

Amanda Knox Letter to her Lawyers 9 Nov 2007

Around 3 or 4 Meredith left the house wearing light-colored clothing, and all she said was “Ciao”. She didn’t say where she was going. I continued playing guitar and after a while Raffaele and I left my house, probably around 5pm.
We went to his house and the first thing we did was get comfortable. I took off my shoes etc. I used his computer for a little while to write down songs I wanted to learn for the guitar, I listened to some of Raffaele’s music at this time.

Note the inclusion of irrelevant and trivial detail, ‘I took off my shoes’.  A liar loves to gild the lily.

click image for larger version

Then comes Knox’ next written affirmation of what she did the day of the murder:

Page 1223 PRISON DIARY – AMANDA KNOX 27 Nov 2007

Here is what I did that night:

5pm: Left my house with Raffaele and walked to his apartment.

5:05pm - ???:

    (1) Used the computer to look up songs to play on the guitar.
    (2) Read Harry Potter in German w/Raffaele.
    (3) Watched Amelie.
    (4) Prepared and ate dinner – Fish.
    (5) While cleaning the dishes a bunch of water spilled on the floor.
    (6) We tried to soak up a little with small towels but there was too much.
    (7) Raffaele rolled a joint.
    (8) We smoked the joint together and talked.
    (9) We had sex.
    (10) We fell asleep.

It’s that simple.’

Did you spot, she remembers her lines, despite her problems with amnesia?  Still no mention of going into the old town.  When people use qualifies such as, ‘That’s about it’, or ‘It’s as simple as that’, there’s another flag they have just told you a lie.  Note the triple question mark as if she is unsure it took half an hour to arrive at Raff’s, in case anyone pulls her up on it sometime in the future.  Again bells and whistles, the liar’s toolkit.

Raffaele helpfully offers us an insight in his book several years later as to why he revealed – even if Amanda never does – they went into town in his police statement of 5 Nov 2007.

From Honor Bound 2012 Andrew Gumbel and Raffaele Sollecito write:

(P 17) It was the last time I ever saw [Meredith Kercher].
Amanda and I smoked a joint before leaving the house on Via della Pergola, wandered into town for shopping before remembering we had enough for dinner already, and headed back to my place.

P53 (in the Questura 5 Nov 2007)

I mentioned [to police] Amanda and I had gone out shopping, something I had apparently omitted in my previous statements. [note the plural].

So, we see, Raffaele has not voluntarily offered the information ‘we went into town’ either, on the afternoon of 1 Nov 2007.  He concedes he only proffered it, because the police brought it up.  When asked the purpose of the trip, he claims they went ‘shopping’, but on not being able to prove they bought anything nor state which shops the pair frequented, he had to retract this half-lie, by now adding to his 6 Nov 2007 official police statement, later, that once there, they suddenly realised ‘we had enough for dinner already’.

So, we are led by this to conclude the purpose of the expedition into the old town was ‘shopping for dinner’, when before, it was to ‘to go to my house where we stayed until this morning.’

It is bizarre and a symptom of lying for someone to say they did something, but then didn’t do it, when asked to elaborate.  Raff omits to even mention to police going into the old town, and Knox persistently does not mention it at all.  He only mentions it when detectives ask him why he omitted to.  He then ‘suddenly remembers’ this ‘unimportant detail’ and tells them they were there to shop.  But wait.  They suddenly do not do any shopping at all, whilst in the old town, because once there, they realise they ‘already had’ provisions for the evening meal.  Amanda Knox makes clear this evening meal was FISH.  Yet she claims she couldn’t remember exactly what she did at Raff’s, for at least three weeks. Fishy indeed.

I don’t know about you, but if I head into town to buy food or clothes, once there, I don’t suddenly think, ‘Hang on a minute, what am I doing here, I already have bread/a dress at home!’ 

Surely, I would buy something anyway, or at least browse around, perhaps use my John Lewis voucher and go for a coffee and cake.

Astonishingly, years later, Knox still deceives us in this matter:

In Waiting to be Heard  2013 Amanda Knox resolutely omits the detail of ‘going into the old town’:

(P61) Sometime between 4:00pm and 5pm we left to go to his place.’

There then follows filler sentences about how ‘we wanted a quiet cozy night in’.

Then comes the type of deception liars love to use: they pad out their tall tales with irrelevant guff.

‘As we walked along, I was telling Raffaele that Amélie was my all time favourite movie.
‘Really?’ he asked.  ‘I’ve never seen it’

[Forgetting completely, forensic police discovered he’d downloaded the movie way back on 28 Oct 2007 {by coincidence, no doubt}].

‘Oh my God,’ I said, unbelieving.  ‘You have to see it right this second.  You’ll love it’

The narrative then completely jumps to:

Not long after we got back to Raffaele’s place, his doorbell rang.  [Enter first alibi Jovanna Popovic, whom Raff states appeared at 6:00pm].

A whole hour is omitted.  One whole hour to get back to Raff’s, just around the corner, four to ten minutes away at the outside.

From all the embellishments, fabrications and outright lies, we see that what happened between 4:00pm and 9:00pm and where the pair went, is significant.  Some say, they obviously went to score drugs.  However, they openly admit to smoking a joint.  In fact, they go to pains to emphasise it.  They have no inhibitions talking about having sex. Therefore, the trip into the old town which took up to two to five hours of their time is rather more sinister than some kind of coyness or embarrassment about buying some dope.

In his statement to police on 5 Nov 2007, Sollecito changes his story and claims he came home alone at ’20:30/21:00’.  As we now know, the pair both switched off their phones together, between 20:45 and 21:00, so we can be sure this time is supremely salient.  Meredith was on her way back around then.  From Knox not ever mentioning the trip into town, it could be she indeed never did go into town, and that Raff went alone.

Raffaele Sollecito complains in his book ‘the police were out to get me’ by catching out his anomalies.  However, I was watching a tv programme a few days ago, about a murder case, and detectives had to puzzle out from scratch who was the culprit.  The detectives explained to the viewer, when someone comes in for questioning, all they have is that person’s face value account.  They then check out the details, and then, if they discover falsehood and deception in the interviewee’s story, that is what makes them suspicious.  So Raff and Amanda have only themselves to blame police suspected them.

I believe the pair followed Meredith and stalked her movements that night, hence the concealment of their true motive for being out between 4:00 and 9:00.

Popovic has a story that she had to pick up a suitcase from the station, and then didn’t have to after all, so either she really did see Knox at home at six, as claimed, or it was ‘a friend helping out with the alibi’.  See ‘the event that is a non-event’ -type of lie, as above.  Who knows what that was about.  Popovic claims to have spoken to the pair at between 5:30 and 5:45 and again at about 8:40. I personally remain sceptical of her testimony, as I do of his father’s, Francesco, whose claimed account of the 8:42 telephone conversation directly contradicts Knox’ and Sollecito’ with regard to dinner and the pipes flooding, supposedly happening before the murder.

We do know, as James Raper points out, as per Massei - “at 18:27:15 [6.27 pm]  on the 1/11/07, there was human interaction via the “VLC” application, software used to play a multimedia file for a film “Il Favolso Mondo Di Amelie.avi”, already downloaded onto Sollecito’s computer laptop via P2P (peer to peer) some days earlier.”

We also know there was human interaction when the film ‘crashed’ (as it was finished?) at 9:10 because someone clicked on the error message to close it.  I do not think this starting and finishing the film proves anything.  I have always viewed Amélie as a contrived alibi.

Lies can work both ways.  I don’t believe either Francesco or Popovic. The supposed testimony of these two ‘alibi witnesses’ were used directly against Sollecito when his compensation claim was thrown out.


Thursday, December 14, 2017

Interrogation Hoax #19: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #1

Posted by The TJMK Main Posters



Working entrance of Perugia’s main police station

1. What Does The Hoax Allege?

In its ever-differing core version (see Part 3) this widely-promulgated hoax alleges among other things:

(1) that the total hours Knox was questioned from 2 to 6 November was upward of 50;

(2) that Knox was the main suspect for the murder of Meredith from the get-go;

(3) that the “interrogation” was conducted by tag-teams of investigators working in shifts;

(4) that Knox was under duress and forbidden bathroom breaks, sleep and refreshments.

(5) that Knox was refused a lawyer and all questioning sessions were illegally not recorded.

(6) That the outcome was “a confession”.

2. Who Are The Main Propagators?

Often seeming intent on outdoing one another in their manufactured outrage and lurid descriptions, the frontrunners are Doug Preston, Steve Moore, Michael Heavey, Paul Ciolino, Saul Kassin, John Douglas, and Bruce Fischer.

Also Steve Moore, Steve Moore, and Steve Moore. Seemingly for him an obsession.

Thousands of other accounts take their word as gospel. Curt Knox and Edda Mellas have repeated it, blaming Amanda when challenged (really).

Amanda Knox attempts to fire up this hoax again repeatedly.

But testimonies of numerous investigators at trial that she sat through without objection confirmed one another, strong proof that nothing on the list above is true.

Knox tried to make some of this fly at the 17 December 2007 questioning that she herself requested by Dr Mignini.

She tried again on the stand at trial in July 2009. But she had to concede that none of it was like that list above and that she was treated fairly on 5-6 Nov.

No judge in 2007, 2008, 2009, 2011, 2013, and 2015 ever accepted that a “confession” was forced out of her. Knox’s own lawyers did not believe it.

Totally isolated on this in court, and often her own worst enemy, Knox was sentenced to three years for voluntarily and maliciously fingering Patrick.

Knox will remain a felon for life (there can be no reversal) for this demonizing of Patrick.

She is trying very hard to hide that fact.

For example she hid it last year from Netflix. Now she is hiding it from Vice Media who dont realize that Knox is the mother of all demonizers. Not yet.

3. Complete Absence Of Verification

So far, the hoax is a huge fail. See Part 2.

But the malicious or confused usual suspects continue to parrot the hoax like a mantra. For Fischer’s hapless bunch of apologists on Ground Report it’s a mainstay.

In this series we have already posted proof of records of all Q&A made and signed by Knox herself for 5 and 6 November. They dont go toward proving anything on the list.

Here below is the record made and signed by Knox three days earlier for 2 November. A sort of prequel but an important one. It began at the house and then took maybe two hours at the questura. We will be posting the records for 3 and 4 November soon. None of them go toward proving anything at all on the list.

Here Knox was in discussion (in fact said to be eagerly in discussion) with just three officers on their regular shifts. This record is timed at 3:30 pm. There was a hour or so for discussion and an hour or so for typing and signing. Then Knox sat outside with others until they were all fingerprinted and sent home.

This below was the longest of all her questionings.  Her sessions on 3 and 4 November merely consisted of two visits with Dr Mignini to the house, nothing more. Her nighttime sessions on 5 and 6 November we have posted on; they were quite short too. We know of no hard proof that puts their aggregate time beyond ten hours at maximum. We think less actually.

We will post the reports for 3 and 4 November soon, and you may be surprised at their briefness and thrusts - especially as Knox’s book suggests rank paranoia and chronic fatigue at the burdensomness of it all setting in.

Remember Knox was free to walk out of the police station at any time. Remember twice she turned up unrequested and she just hung around, watching and listening. (Her team actually counts in all those hours to get to their 50-plus.)

Before the wee hours of 6 November she did not even have the status of a witness. Just a person with information of possible value.

Told that she needed a lawyer on 5 and 6 November by both Rita Ficarra and Dr Mignini, she brushed them off, and kept talking and talking.

She was very keen to see things put in writing, and she demanded statements like this one to sign. The Sollecito statement follows.

4. Signed Record Of Knox Statement 2 November

[Preliminary Translation Not Yet Checked Out For Wiki]

Questura di Perugia /Perugia Police Station
Squadra Mobile /Flying Squad

Re: Transcript of summary information from persons informed of the facts (of the case) conveyed by:
KNOX, Amanda Marie, born in Washington (USA) on July 9th, 1987, domiciled in Perugia, Via della Pergola n. 7; identified by means of Passport n. 422687114 issued by the US Government on June 13th, 2007, tel. 3484673590.

On the day of November 2nd, 2007 at 3.30 pm, in Perugia at the offices of the Squadra Mobile of the Questura of Perugia. Before the undersigned Officers of the Judicial Authority Inspectors Luca C. Scatigno and Rita Ficarra, Assistant Fabio D’Astolto, respectively on duty at the aforementioned office and the local U.P.G.S.P., there is present the person indicated above who sufficiently understands and speaks Italian, who regarding to the death of Meredith Susanna Cara KERCHER, and who declares the following:

“I have been in Italy since the end of September for reasons of study, even if occasionally, on Tuesdays and Thursdays, I work in a pub called “Le Chic”, and since then I have lived at Via della Pergola number 7 together with other girls, specifically: Laura, 27 years of age, who is the one through whom I found the apartment in question, Filomena, 28 years of age, whose surnames I don’t know, but I know that they work in a law firm, though not together.

Then also living there is Meredith, an English student attending on the Erasmus exchange programme. Each one of us, peripatetically, occupies a room in the aforementioned apartment, on the 2nd floor. The common parts shared by all the girls are the two bathrooms and kitchen. Access to the apartment is through a door reached by an exterior stair. This entrance door, to be well closed, needs to be locked by means of keys, because otherwise as it is broken the door can be opened with a simple push.

Yesterday afternoon I definitely saw Meredith at lunch time, around 1 pm roughly. On that occasion I ate at my house together with my Italian boyfriend, Raffaele, whereas Meredith did not eat with us. Around 3 pm or perhaps 4 pm, after chatting a bit together with us, Meredith said goodbye and left, without however saying either the place she was going to or with whom, while we remained to play the guitar. I am not sure if yesterday Laura was at the house, because I didn’t see her, but I cannot exclude that she may have been in her room. Filomena, on the other hand, I saw yesterday morning before lunch time. She was preparing herself to go to a graduation party that afternoon.

Around 5 pm I left my house together with Raffaele to go to his house where we stayed the whole evening and the night.

This morning, around 10-11am, I returned to my house alone to have a shower and change my clothes, and in this circumstance I noticed that the entrance door of the apartment was wide open whereas the doors to the rooms inside the house were all closed, at least the ones to Filomena’s and Meredith’s rooms, although I didn’t check if they were locked, whereas the one to Laura’s room was ajar and my door was open as usual. These things seemed really strange to me because, like I already said, it is customary for all of us to always close the entrance door with a key since that is the only possible way to close it. So I started to call [the names of] the girls aloud, but without getting an answer. At that moment I thought that maybe one of the girls had gone out to throw the trash into the bins, or to go to see our neighbors, the boys, who occupy the apartment below ours and with whom we hang out.

I remember having closed the front door of the apartment, but I didn’t lock it with the keys, and I went to the bathroom located near to my room, the one that only me and Meredith usually use, to have a shower, when I noticed drops of blood on the floor and a bigger blood stain on the bath math and other blood stains on the sink as if someone had smeared it with a bloody hand. This thing seemed a bit strange to me because we girls are all fairly clean and tidy, and we clean the bathroom [immediately] after we have used it. At first I thought that the blood on the sink could be mine because I did some ear piercings about a week ago, so I immediately checked in the mirror and touched my ear. Then I touched the blood on the sink but seeing that it was not removed immediately, that is, it was not recent, I thought it could be some girl’s menstrual blood and because it disgusted me, I did not attempt to clean it.

Immediately after this I went to the other bathroom, where I usually dry my hair, and after having dried it, I noticed that there were feces in the toilet, that is, someone had used it to relieve themselves, but they had not flushed afterwards. This thing also seemed strange to me for the reasons that I have already stated, and so I avoided flushing it myself

Later I took the mop, which was located inside a closet, and I left my house to go to my boyfriend’s house to clean his room [kitchen] because we had soiled it the previous night. I remember that when I left, around 11.30 am, but I’m not sure about the precise time as I didn’t look very carefully at the clock, I closed the door of the apartment with a turn of the key.

After arriving at the house of my boyfriend, who lives alone in an apartment near my house and to be more precise in Corso Garibaldi number 110, we stayed there for about an hour, for the time it took to clean the kitchen and have some breakfast, after which we returned to my house together. I want to point out that I immediately told my boyfriend about the strange things that I had detected in my house, and he urged me to call one of the girls.

And I did indeed first call Filomena to ask her if she knew anything about the blood I had found in the bathroom, and she replied that she knew nothing about it as she had slept at her boyfriend’s, Marco’s, house the previous night, and the following morning, that is, this morning, she had gone directly to work without going home first. After Filomena, I phoned Meredith three times and to be more precise, the first time I called her, I called her English cell phone number 00447841131571, which is the first phone number Meredith gave to me, and which I saved first to my phone card; the phone rang several times, and at one point I heard the line disturbances and interruption of rings. So I tried to contact her on the phone with the number 3484673711, and also this time the phone rang but no-one answered. I tried calling her for the third time with the first cell phone number again, but also this time without getting an answer.

I didn’t call Laura because Filomena had told me in the previous phone call that she had gone to Rome, but I don’t remember if Filomena told me when she had left.

So I haven’t seen Laura since the afternoon of October 31st this year.

At this point, I returned to my house with my boyfriend, worried about Meredith, because she was the only one whose whereabouts I didn’t know of.

When I got to my house, around 1 pm, I opened the front door, which I found locked, and entered the apartment. I began to open the doors of the rooms occupied by the other girls. First, I opened Filomena’s bedroom door, that is the first room nearest to the entrance, and together with Raffaele we found that the window, with two shutters, was open and the window glass was broken. I don’t remember if both glasses were broken or only the other one. Broken glass was scattered on the floor, inside the room, near the window. Scared, I thought it could be that a thief had entered the house, and then I quickly glanced around to check that everything was in order, and that nothing had been removed. So I headed to Laura’s room and also there I opened the door and checked that everything was in order. I want to point out that I didn’t go inside the rooms, that I just had a quick look, from the door.

Immediately after that I went into my room, and even there I didn’t notice anything / nothing was different, after which I headed to Meredith’s room, but I couldn’t open the door because it was locked. 

At that point I looked out from the bathroom terrace, leaning forward to try and see the window of Meredith’s room, but I couldn’t see anything, after which I returned to the door to look through the keyhole and I could only see Meredith’s handbag on the bed. I retraced my steps to take another look at all the rooms without, however, entering any of them and without noticing anything unusual. Immediately after that I entered the first bathroom near the entrance to the apartment where I very quickly looked around without paying close attention to whether the feces were still inside the toilet.

At that point while Raffaele remained in the apartment, I went down to the downstairs students’ apartment, and above all to talk with Giacomo hoping he would have news of Meredith’s whereabouts, but no-one answered the door. After I had returned to the apartment, Raffaele decided to call his sister for advice on what to do, and immediately after that call he called, I don’t know if it was the state police (Polizia) or Carabinieri, to come to the house, and in the meantime, I contacted Filomena at her cell phone number 3471073006 to inform her we had found the window panes in her room broken, and that Meredith’s room was locked. She replied that she would join me at once.

Raffaele, who was worried about Meredith’s safety, tried to break the door to her room by kicking it without success, and immediately afterwards we saw the plainclothes police arrive. After they showed us their identification cards, they inquired about our particulars and our cell telephone numbers. Then they asked us what had happened. We told them about the window we had found with the shattered glasses, about the blood stains found in the bathroom, and about Meredith’s room that was strangely locked. The policemen asked us questions about the people who occupied the house and about the telephone calls made, and in the meantime a friend of Filomena whom I know as Marco, and two other friends of hers I didn’t know, arrived. At that point Filomena began to talk to the policemen, and while I stood aside in the kitchen, the others together with the policemen headed for Meredith’s room and broke down the door. I can’t specify who really proceeded to break down the door. At that point I heard Filomena screaming and saying “a foot, a foot” while the police officers ordered us all to go outside the apartment.

At that moment I learned from my boyfriend that inside Meredith’s room, in the wardrobe there was a girl’s body covered with a sheet, and the only thing you could see was a foot. None of those present mentioned the name of Meredith, and as I left the house immediately after that without having seen the body, I can’t state whether it’s her.

Additionally: There are four Italian students living in the apartment on the lower floor of my house, and we often gather together to play the guitar; together with them we also went out a few times to go for a dinner, and once we went to a disco. Meredith and I went out more times together with all the four boys than the other two (Laura and Filomena). These guys are respectively called Giacomo, Marco, Stefano and the fourth, with whom I personally speak very little, I seem to remember is called Riccardo. I know that one of the four guys, to be precise, Giacomo, is Meredith’s boyfriend. In fact, Meredith sometimes slept at Giacomo’s house and sometimes Giacomo came to our house to sleep with Meredith. I want to point out that the two didn’t very often go out together as Meredith went out with her English friends while Giacomo, from what Meredith told me, preferred to spend more time at home.

Additionally: Regarding the house keys, I can say that they are available to each of us, but I don’t know that other outsiders would be in possession of any copies of them, including Raffaele, my boyfriend. I’m sure Filomena gave no key to Marco, her boyfriend, since every time he arrives at our house he always knocks at the door very loudly. Laura doesn’t have a boyfriend, whereas regarding Meredith, I can say that knowing her I don’t think she had given keys to Giacomo even if I can’t definitely rule it out.

Additionally: Meredith and Giacomo had only been seeing each other for a few weeks, and as for their relationship, Meredith herself told me that it was going well, she never talked about any quarrels with Giacomo, whom I moreover find a very quiet guy. As I’ve already said, she went out very often with her English friends, and they used to attend the disco pub “Merlins”. Once I went there too, and another time we went to another disco pub. Both times there were just us girls.

Additionally: Meredith and I did not celebrate Halloween together, in that I, that evening, was at the “Le Chic” pub, but not for work, but I know she went to “Merlins” with her English friends and without Giacomo, as she told me herself just yesterday. She told me that she had a lot of fun. She did not tell me about any new acquaintances made that evening. From what I know she always went out with the same friends, including me, or with Giacomo and his friends. She usually did not go out alone in the evening.

Additionally: I can describe Meredith as a girl of 21 years or age, of English nationality, about 1.70cm (5’7’’) tall, thin build, olive complexion, black hair smooth and long, brown eyes. I don’t think she had any particular marks such as tattoos or other marks on her body. The last time I saw her, she was wearing white jeans and a short, light, pale-colored jacket.

Written, read, confirmed, signed

The declarer The verbalizers

Amanda Knox (signed) (Signed, three signatures)


5. Signed Record Of Sollecito Statement 2 November

QUESTURA DI PERUGIA
Anti-crime Police Division
Flying Squad
Section 5 Anti-drug treatment
SUBJECT: Minute of summary testimonial information provided by:
SOLLECITO Raffaele, born in Bari on 26.03.1984 residing in Giovinazzo (BA) in via Solferino nr. 4, domiciled in Perugia in C.so Garibaldi nr. 110, identified by means of C.I. nr. AJ1946390 Issued by the Municipality of Giovinazzo (BA) on 22.07.2004 Tel.340 / 3574303.

The year 2007, of the month of November, the day 02 at 15.45, in the offices of the
Flying Squad of the Perugia Police Headquarters.

Before us, undersigned Officers and Agents of P.G. Sost. Commissioner ROSCIOLI Roberto and Ass. ROSSI Romano, belonging to the Office. In the indicated inscription, the person indicated is the subject who heard about the finding of a dead English girl inside a flat located in Perugia in via della Pergola no. 7 who declares the following:

I state that I am a university student, enrolled in the first year of the Mathematics-Physics-Natural Sciences Department, at the Computer Science course at the University of Perugia. I am enrolled at the aforementioned university since 2003, also for about a year between 2005 and 2006 I attended the same course in Germany, through the Erasmus project. From October 2006 I returned to Perugia and for the study periods I live alone in a studio located in Perugia in Corso Garibaldi No. 10.

About a week and a half ago, I met my current girl of American nationality, KNOX Amanda, who is also a student, enrolled at the local University of Foreigners. My girlfriend lives together with three other students in an apartment located in Perugia in via della Pergola No. 7. Visting there, I have met the other three roommates, Filomena of Italian nationality, Laura also Italian with residence in Viterbo, and Meredith of English nationality with residence in London.

Since Amanda and I met, she usually spends the night at my house, same as it happened yesterday night and the previous one.

Yesterday morning, my girlfriend and I woke up around 10.30; I stayed to sleep while Amanda went to her home with the agreement that we would be seing each other in the early afternoon of the same day. Around 2:00 pm I went to Amanda’s house to have lunch with her and once I got there, I also found Meredith in the house who had already eaten. After eating lunch, I stayed at home talking to both my girlfriend and Meredith, who in the meantime was preparing to leave.

At about 4:00 pm, Meredith left without saying where she was going, while we stayed home until about 5.30 pm. After that hour, Amanda and I took a little trip to the town center and then went to my house where we stayed until this morning.

This morning around 10.00, we woke up and as on other occasions, Amanda returned home to take a shower and change, with the intention of returning later to my house.

At about 11:30 am, Amanda returned to my house and while we were having breakfast, she told me worriedly that in the house where she lives she had found the door open, and in the bathroom used by her and Meredith Amanda had noticed traces of blood both on the sink and in the mat below. Furthermore, Meredith’s room was locked.

Concerned about the situation, because it was not clear why the front door had remained open, Amanda went downstairs and knocked on the door of some Italian students who live under her to ask for help, but with negative outcome because nobody answered. I want to clarify that among the guys of the apartment above, there is a Giacomo, a person unknown to me, who Amanda says would hang out with Meredith. Not receiving resposess, Amanda, before returning to my house, locked the door and after arriving at my home told me the story

She asked me to take her home to find out what had happened. Once on the spot, Amanda opened the door, which has a defect in the lock, both from the outside and from the inside, which opens only with the keys because the handle does not work. Without the keys, it can not close even you pull it outward.

Once inside, we walked around the house and immediately Amanda noticed that in the other bathroom, the one used by the two Italian girls, when she left the house, there were faeces in the toilet while when we entered the toilet it was clean. In addition, the room in use by Filomena had the door wide open, was untidy and had the window completely open with the glass of the left pane broken in the lower part. Seeing this, Amanda told me that she had not previously seen this as the door to the aforementioned room was blocking the view of what was inside.

At this point, I went into the bathroom in use both by Amanda and Meredith. Here I too noticed the traces of blood on both the sink and the mat. Assuming something had happened, I was asking Amanda to call her roommate friends, but after several attempts she could only get in touch with Filomena, who told her that she was at her boyfriend’s house and that she would be returning immediately.

At this point Amanda called Meredith several times, and knocked on the door, but without any reply. Given the situation, I looked out of the various windows of the house in order to see where the window of Meredith’s room was, but being situated at the end of the apartment it was difficult to access from the outside, I decided to try to open the door by kicking it and pushing it at the height of the lock, but without succeeding because I only caused cracks in the wall and in the door.

Not succeeding in the intent, I tried to look through the keyhole which was missing the key and from there I could only see a brown woman’s bag that was on the bed, and on the left side probably an open cupboard door.

At this point I asked for advice from my sister, who serves as a Lieutenant of the Carabinieri in Rome, who advised me to call 112 directly. The local 112 when asked by me said that he would send a radio car. While waiting for the Carabinieri, I saw plainclothes police arrive who identified themselves officers of the Polizia Postale, who were looking for Filomena and Meredith because they had found the two cell phones of the latter.

To them, both Amanda and I told the story described above, and because of this the agents, given the situation, broke through the door of the room of Meredith thus ascertaining the tragic event. Seeing their faces I stayed on the sidelines and I did not look at what was inside. Present at the time of the breakthrough of the door, in addition to us and the police, there was also Filomena and her boyfriend who had arrived in the meantime and had reported not knowing where Meredith was.

Later a patrol squad of the Carabinieri also arrived. Being more precise, Amanda, when she told me that she went to ask for help from the boys who live below her apartment, found the doors closed but the gate in front of those doors was open.

I have nothing else to add.
Done, read, confirmed and signed.
Raffaele Sollecito


Tuesday, November 07, 2017

Knox v Knox: How She Herself Provides Proofs Of Lies That Could Still Hurt Her In Court #1

Posted by Chimera



Reason whythere’s no similar shot of RS showing warmth to AK

1. Series Context

Knox lies?! Anyone who reads here for a while is left in no doubt of that.

Anyone who watched the trial in Italian concluded that. Even her own lawyers concluded that. They publicly requested in 2008 that she stop all her lying.
Numerous sworn witnesses in court, with no dog at all in this fight, contradicted her. Easily identifiable lies now number up in the thousands. They tend to be malicious, and they tend to be narcissistic.

And yet amazingly more than four out of every five critics who reviewed her book on the Amazon site accepted what she said, word for word. And more than four out of every five critics who reviewed the Netflix report accepted what she said, word for word.

Past posts and series addressed Knox lies at (1) the time of arrest and 2007 hearings, (2) the 2008 hearings, (3) Knox at trial, (4) Knox in prison, (5) Knox at the Hellman appeal, (6) Knox back in Seattle, when (7) she wrote her book, (8) Knox emailing Judge Nencini, (9) Knox in recent paid presentations, and (10) Knox on Netflix (with more to follow).

This series shows Knox contradicting Knox. Especially Knox at trial contradicting Knox in her book. Knox often lies by omission - she leaves out key facts - and her shadow writer and editors seemingly enable that. I will address some of the key omissions in this post.

What Was Omitted From The Book

(1) Knox At Trial In 2009…

Here is Knox’s entire text of a full two days at court on June 12-13, 2009 in Waiting to be Heard (Chapter 26, Pages 324-327).

“Your Honor, I’d like to speak in Italian,” I said politely. I didn’t think about whether it would work or whether it was a good idea. All I could think was, I have been waiting my turn for nearly two years. This is it!

At least prison life had been good for my language skills.

I was relieved to be able to speak directly to the jury. The hard part wasn’t the Italian; it was being an active listener for hours at a time, making sure I heard the questions correctly and that my questioners didn’t push me around.

Pacelli tried to insinuate that I’d come up with Patrick’s name on my own in my interrogation. “No,” I said. “They put my cell phone in front of me, and said, ‘Look, look at the messages. You were going to meet someone.’ And when I denied it they called me a ‘stupid liar.’ From then on I was so scared. They were treating me badly, and I didn’t know why.

“It was because the police misunderstood the words ‘see you later.’ In English, it’s not taken literally. It’s just another way of saying ‘good-bye.’ But the police kept asking why I’d made an appointment to meet Patrick. ‘Are you covering for Patrick?’ they demanded. ‘Who’s Patrick?”’

We went over how I found the room for rent in the villa, my relationship with Meredith, my history with alcohol and marijuana, and what happened on November 2. The prosecution and the civil parties were confrontational. I was able to respond. It took two exhausting days, and there were a few questions I couldn’t answer.

I’d purposely tried to forget the emotional pain of the slap to my head. Other memories had become muddled by time. For instance, I remembered calling my mom only once after Meredith’s body was found, but cell phone records indicated that I’d made three calls while Raffaele and I were standing in my driveway.

During my testimony, I was clear. I never stumbled or stalled. I just said, This is what happened. This is what I went through.

I relaxed a little when it was Luciano’s turn to question me.

“During the interrogation, there were all these people around me,” I said. “In front and behind me, yelling, threatening, and then there was a policewoman behind me who did this.”

I slapped my own head to demonstrate.

“One time, two times?” Luciano asked.

“Two times,” I said. “The first time I did this.”

I dropped my head down as if I’d been struck and opened my mouth wide in surprise.

“Then I turned around toward her and she gave me another.”

“So you said what you said, and then you had a crisis of weeping. Then they brought you tea, some coffee, some pastries? When did this happen? If you can be precise,” Luciano asked.

“They brought me things only after I made declarations - depositions” - that Patrick had raped and murdered Meredith, and I had been at the house covering my ears.

“I was there, they were yelling at me, and I only wanted to leave, because I was thinking about my mom, who was arriving soon, and so 1 said, ‘Look, can I please have my phone,’ because I wanted to call my mom. They told me no, and then there was this chaos. They yelled at me. They threatened me. It was only after 1 made declarations that they said, `No, no, no. Don’t worry. We’ll protect you. Come on.’ That’s what happened.

“Before they asked me to make other declarations-1 can’t say what time it was—but at a certain point I asked, ‘Shouldn’t I have a lawyer or not?’ because I didn’t honestly know, because I had seen shows on television that usually when you do these things you have a lawyer, but okay, so should I have one? And at least one of them told me it would be worse for me, because it showed that I didn’t want to collaborate with the police. So I said no.”

Then it was Mignini’s turn. “Why did you say, ‘Patrick’s name was suggested to me, I was beaten, I was put under pressure?”’

As soon as I started to answer, Mignini interrupted with another question. He’d done the same thing to me during my interrogation at the prison. This time, I wasn’t going to let it fluster me. I was going to answer one question at a time. Showing my irritation, I said, “Can I go on?”

I described my November 5 interrogation again. “As the police shouted at me, I squeezed my brain, thinking, ‘What have I forgotten? What have I forgotten?’ The police were saying, `Come on, come on, come on. Do you remember? Do you remember? Do you remember?’ And then boom on my head.” I imitated a slap. “‘Remember!’ the policewoman shouted. And then boom again. ‘Do you remember?”’

When Mignini told me I still hadn’t proved that the police had suggested Patrick’s name, my lawyers jumped up. The exchange was so heated that Judge Massei asked if I wanted to stop.

I said no.

At the end, the judge asked what I thought of as a few inconsequential questions, such as, Did I turn up the heat when I got to the villa that Friday morning? Did we have heat in the bathroom, or was it cold? Rather, the judge was trying to catch me in an inconsistency. Why would I come home to a cold house when I could have showered at Raffaele’s?

Then it was over.

In the past I hadn’t been great at standing up for myself. I was proud that this time was different.

When the hearing ended, I got two minutes to talk to my lawyers before the guards led me out of the courtroom. “I was nervous when you first spoke,” Luciano admitted, “but by the end I was proud of you.”

Carlo said, “Amanda, you nailed it. You came across as a nice, intelligent, sincere girl. You left a good impression.”

I took this to mean that I didn’t come across as “Foxy Knoxy.”

For a while during the trial, the guards would let my parents say hello and good-bye to me in the stairwell just before I left the courthouse for the day. My mom, my dad, Deanna, Aunt Christina, and Uncle Kevin were waiting for me there that day. They hugged me tightly. “We’re so proud of you,” they said.

I hadn’t felt this good since before Meredith was murdered.

After another few days in court, the judge called a two-month summer break.

(2) What The Book Description Omits

I am not expecting a complete trial transcript by any means, but here are some of the numerous vital details conveniently left out.

(a) First, to state the obvious…

(1) AK omits that her book directly contradicts a lot of what was said on the witness stand (okay, that’s not saying much)

(2) AK omits that her book leaves out a lot of what was said on the witness stand (okay, that’s not saying much)

(b) Second who asked the questions

(3) AK omits that she was questioned by Francesco Maresca (Kercher lawyer)

(4) AK omits that she was questioned by Guilia Bongiorno (Sollecito lawyer)

(5) AK omits that she was questioned by Luca Maori (Sollecito lawyer)

(6) AK omits that she was questioned by Giancarlo Massei (Trial Judge)

(7) AK omits that a taped phone call was played (with Filomena Romanelli)

(c) Third, how much makes no sense

(8) AK claims she didn’t expect to be interrogated, but leaves out that she showed up unannounced and uninvited

(9) AK omits telling the Court she doesn’t know how to delete “sent” messages, as she’s not a “technical genius”

(10) AK claims she was asked about “imagining things”, but not about the list she had put together

(11) The same 2 “slaps” are used to: (a) get Knox’s attention; (b) get Knox to remember; (c) get Knox to stop lying; (d) to get Knox to say Meredith had sex; (e) to get Knox to give up a name; (f) to confirm a name.  So, I assume she was smacked about 12 or 14 times….

(12) AK knew Meredith screamed, but only because it was suggested to her

(13) AK knew Meredith’s body made a “thud”, but only because it was suggested to her

(14) AK knew about the sexual assault, but only because it was suggested to her

(15) AK knew about Meredith having her throat cut, but only because an anonymous officer told her—or was it gestured?

(16) AK knew Meredith took a long time to die ... because she watches CSI

(17) AK knew about the gurgling sounds Meredith made .... because she watches CSI

(18) AK asked for pen and paper to write that she didn’t know what the truth is

(19) AK tells her Mother PL is innocent, but isn’t sure she didn’t imagine it (and report that)

(20) AK, in the same testimony, imagines both: (a) PL is guilty; and (b) PL is innocent.  Well, 1 of those must be true.

(21) AK needs a mop for a little puddle at RS’ home, yet hops around on a bathmat in her own home

(22) AK doesn’t think to flush a toilet that had been used 12+ hours before

(23) AK is asked to imagine things, even though there is all this hard evidence

(24) AK was starved, yet the police still brought her tea “and other things”

(25) AK saying “I can’t lie.  I was there” is just a euphemism for screwing with RS.  Not an admission of guilt

(26) “Hickies” from boyfriend apparently look like cut marks

(27) AK supposedly had a class project once where she describes the 10 minutes prior to discovering a body

(28) AK doesn’t know Ficarra’s name (her supposed abuser), but does remember it after another 4 years

(29) AK doesn’t clean up blood after seeing it in her bathroom

(30) AK is freaked out by an open door, which she suspects a housemate left while throwing out the garbage

(31) AK doesn’t think its strange that her lamp got locked in Meredith’s room

(32) AK doesn’t remember calling her mother in court, but remembers it fine after another 4 years

(33) AK only knew Meredith a month, and just wants to get on with her life (some “friend”)

(34) AK imagines things that last for years, but this is the only situation where it ever happened

(35) AK “might” have been interrogated by dozens of people.  Or it could have been a few, and the faces weren’t familiar

(36) Despite huge amounts of evidence, the police ask Amanda to imagine what could have happened

(37) The police investigative technique of asking witnesses to “imagine things” is only ever applied to AK.  Never before.  Never afterwards.

(38) AK doesn’t really know what the word “confirm” means

(39) AK has trouble—even years later—distinguishing between imaginary and reality.

Conclusion

To put it mildly, what Knox said previously in court in 2009 does not match up with her book in 2013 and her 2015 addition.

Seems that AK is either: (a) forgive me, but a complete bullshitter, who lies through her teeth as often as breathing; or (b) has an extremely limited grasp of reality, which even Sollecito and others who know her have suggested, coupled with a very poor memory; or (c) a combination of (a) and (b).

This makes it very hard for us to distinguish between what she genuinely can’t remember - psychologists feel she may have blanked out the attack on Meredith - and what are actual new lies.

Not an envious task for any trial court.  Judge Massei seems to have had a hard time making any sense of it whatsoever. Judge Nencini hardly bothered.
 

Series will continue

Friday, December 18, 2015

Knox Calunnia Trial #2: Judge Receives Arguments Of Prosecution And Knox; Verdict In New Year

Posted by The TJMK Main Posters



Court in session 7 September in Florence with Knox a no-show

1. Latest Development

We are informed that the final arguments to the judge by both sides have been submitted in writing.

We will summarise and/or fully translate them, hopefully next week. Next step is the verdict from Judge Boninsegna, which may come early in the New Year.

Below is a reposting of the background to this unusual case, and Machiavelli’s reports from the court on 7 September.

Such trials are very rare. Usually it is only organized crime figures that in the course of a trial impugn police and prosecutors who in Italy are much respected. Defendants rarely even get on the stand, and if they do so, they invariably follow the advice of defence counsel to not dig themselves in any deeper. 

In contrast, Knox pretty well went haywire. NOBODY in Italy has ever believed her. Not her own lawyers, nor multiple hearings & trial judges, or the skeptical media, or the watching population, or Hellmann & Zanetti, or even Marasca & Bruno…  Not even Curt Knox! He failed to turn up to give scheduled defense testimony that could have helped Amanda Knox last September.

Gee, thanks, Curt….

And she has left her own lawyers handicapped, as they had publicly counseled Knox to stop escalating her claims about illegal coercion at her “interrogation” on 5-6 November 2007.

Their filing probably needs to be especially careful to avoid their own liability. 

2. Background To Calunnia Trial

This trial focuses on the claims of Amanda Knox at trial in 2009. Charges for malicious claims in her book will fall to another court, probably also in Florence. Oggi is already on trial for republishing some of them.

There seems no parallel in US or UK legal history to this - to a defendant testifying prolifically for two days to crimes by investigators, in spite of even more days of prior testimony which all pointed the other way.

Seemingly under strong pressure from her own family Knox willingly took a huge legal risk which her own lawyers had warned her about again and again, sometimes publicly, over nearly two years.

They never ever lodged even one complaint. Nor did the US Embassy in Rome, which monitored all sessions in court, and often checked her out (as did Italian MP Rocco Girlanda) in prison at Capanne.

The Massei court and the watching audience in Italy (read here and here) bought none of it. Knox still served three years for framing Patrick. Not even Judge Hellmann bought into her claims. Certainly not the Supreme Court.

The current trial in Florence was preceded by an investigation by Florence prosecutors, who bring the charges and argue them because Knox impugned officers of the justice system in their official roles. 

Prior to today the prosecutors’ investigation report had only been released to Knox’s defense. So we don’t yet know if the charges extend beyond Knox’s claims of having been abused into a false “confession” on 5-6 November 2007.

Post #1 of our ongoing Interrogation Hoax series points toward what investigators testified to at trial.

Four months later Knox contradicted them at length as summarised in our two posts here and here: “The Amanda Knox Calunnia Trial In Florence: What It Is All About”

3. Machiavelli Reports From Trial 7 September

1. Tweets from the Florence court:

16. Zugarini was present throughout the interrogation and described when #amandaknox started to cry, remembered her peculiar hand-ear gestures.

15. Napoleoni testified #amandaknox was brought a chamomille when she started crying at 01:45, the interrogation was immediately stopped.

14. Napoleoni and Zugarini said they “cuddled” Knox because she was a 20-year old girl.

13. Both Mignini and Zugarini described having had impression that #amandaknox was feeling “relieved of a burden” after accusing Lumumba.

12. Mignini said Knox was not clearly a suspect to him by the 05:45 interrogation.

11. Witnesses had inaccurate memory on some details, but were convergent on some peculiar details.

10. Napoleoni said she did not enter interrogation room, she called Rita Ficarra out to talk to her.

9. Zugarini said, as for her knowledge, Knox was not told that Sollecito withdrew her alibi.

8. Zugarini said called interpreter only to ask #amandaknox more precise questions about people in her phone contact list.

7. Zugarini said #amandaknox was able to explain herself in Italian. They called an interpreter to translate what police had to say.

6. Testimony of Mignini was descriptive and framed thing in law. Mostly talked at length explaining alone, prosecutor listened.

5. In today’s hearing, Mignini talked 2 hours, confirmed arrived at 3am, police interview was over, he asked no questions of AK.

4. Napoleoni was precise and synthetic. Zugarini longer and IMO more interesting on many details.

3. Mignini and Judge Boninsegna appeared irritated by Dalla Vedova’s remarks.

2. Long hearing of Mignini at trial against Amanda Knox for calunnia. Napoleoni & Gubbiotti followed, then Zugarini

1. Testimony of some of the investigators accused by Knox and the lead prosecutor Dr Mignini [image above] is being taken in court.

[Reporting from the Florence court sometimes requires a wait to get to a place where mobile phones can connect to the outside.]

2. Emailed report following day (8 September):

No Knox calunnia session required today as last Friday and yesterday both sides completed their witness list.

Amanda Knox and Curt Knox chose not to testify.

Now Judge Boninsegna has ordered each side to prepare their arguments within three months (7 December).

The verdict is likely to arrive in the New Year.

 


Monday, September 07, 2015

Knox Calunnia Trial #2: Testimony In Florence Court Today By Some Accused By Amanda Knox Of Crimes

Posted by The TJMK Main Posters




1. Overview Of This Post

The post is in 3 parts and was added to on the fly as new information flowed in.

Part 2 below summarizes what this trial is all about. It is not about Knox’s book, it is about her claims on the stand in mid 2009 of crimes committed by numerous investigators and the lead prosecutor.

Part 3 below is live reports from the court. Part 4 is about the Supreme Court sentencing report released today in Rome.

2. Background To Calunnia Trial

This trial focuses on the claims of Amanda Knox at trial in 2009. Charges for malicious claims in her book will fall to another court, probably also in Florence. Oggi is already on trial for republishing some of them.

There seems no parallel in US or UK legal history to this - to a defendant testifying prolifically for two days to crimes by investigators, in spite of even more days of prior testimony which all pointed the other way.

Seemingly under strong pressure from her own family Knox willingly took a huge legal risk which her own lawyers had warned her about again and again, sometimes publicly, over nearly two years.

They never ever lodged even one complaint. Nor did the US Embassy in Rome, which monitored all sessions in court, and often checked her out (as did Italian MP Rocco Girlanda) in prison at Capanne.

The Massei court and the watching audience in Italy (read here and here) bought none of it. Knox still served three years for framing Patrick. Not even Judge Hellmann bought into her claims. Certainly not the Supreme Court.

The current trial in Florence was preceded by an investigation by Florence prosecutors, who bring the charges and argue them because Knox impugned officers of the justice system in their official roles. 

Prior to today the prosecutors’ investigation report had only been released to Knox’s defense. So we don’t yet know if the charges extend beyond Knox’s claims of having been abused into a false “confession” on 5-6 November 2007.

Post #1 of our ongoing Interrogation Hoax series points toward what investigators testified to at trial.

Four months later Knox contradicted them at length as summarised in our two posts here and here: “The Amanda Knox Calunnia Trial In Florence: What It Is All About”

2. Machiavelli Reports From Calunnia Trial

1. Tweets from the Florence court:

16. Zugarini was present throughout the interrogation and described when #amandaknox started to cry, remembered her peculiar hand-ear gestures.

15. Napoleoni testified #amandaknox was brought a chamomille when she started crying at 01:45, the interrogation was immediately stopped.

14. Napoleoni and Zugarini said they “cuddled” Knox because she was a 20-year old girl.

13. Both Mignini and Zugarini described having had impression that #amandaknox was feeling “relieved of a burden” after accusing Lumumba.

12. Mignini said Knox was not clearly a suspect to him by the 05:45 interrogation.

11. Witnesses had inaccurate memory on some details, but were convergent on some peculiar details.

10. Napoleoni said she did not enter interrogation room, she called Rita Ficarra out to talk to her.

9. Zugarini said, as for her knowledge, Knox was not told that Sollecito withdrew her alibi.

8. Zugarini said called interpreter only to ask #amandaknox more precise questions about people in her phone contact list.

7. Zugarini said #amandaknox was able to explain herself in Italian. They called an interpreter to translate what police had to say.

6. Testimony of Mignini was descriptive and framed thing in law. Mostly talked at length explaining alone, prosecutor listened.

5. In today’s hearing, Mignini talked 2 hours, confirmed arrived at 3am, police interview was over, he asked no questions of AK.

4. Napoleoni was precise and synthetic. Zugarini longer and IMO more interesting on many details.

3. Mignini and Judge Boninsegna appeared irritated by Dalla Vedova’s remarks.

2. Long hearing of Mignini at trial against Amanda Knox for calunnia. Napoleoni & Gubbiotti followed, then Zugarini

1. Testimony of some of the investigators accused by Knox and the lead prosecutor Dr Mignini [image above] is being taken in court.

[Reporting from the Florence court sometimes requires a wait to get to a place where mobile phones can connect to the outside.]

2. Emailed report following day (8 September):

No Knox calunnia session required today as last Friday and yesterday both sides completed their witness list.

Amanda Knox and Curt Knox chose not to testify.

Now Judge Boninsegna has ordered each side to prepare their arguments within three months (7 December).

The verdict is likely to arrive in the New Year.

4. Machiavelli On Cassazione Sentencing Report

4. The Cassazione sentence on the #meredithkercher case about #amandaknox and #raffaelesollecito is an offence to intelligence.

3. Cassazione repeats several times “strong suspicion” remains about #amandaknox and #raffaelesollecito

2. Cassazione says #amandaknox was in the apartment when murder was convicted, and it is “incontrovertible” that she committed calunnia.

1. INCREDIBLE: SC says *proven* fact that #amandaknox was in house when murder was committed. Agrees with court on this


Monday, August 31, 2015

The Amanda Knox Calunnia Trial In Florence: What It Is All About #2

Posted by Peter Quennell



Above: Florence Prosecutor Dr Angela Pietroiusti. Quick route to Comments here.

1. Most Bungling Team In Legal History?

There is NO WAY Knox and Sollecito would be out on the streets if the playing field had been level.

Knox’s lawyers and family and PR effort and publishers all bungled enormously and suffered an overwhelming loss at both Knox’s trials (murder and calunnia) when pre-trial concessions could have served them well.

To make up for this, they tilted the playing field.

Manipulation of the media and thus American (but not Italian) opinion and manipulation of the evidence and manipulation of judges and manipulation of court-appointed DNA experts and manipulation to prevent Italy from finding out what was in Knox’s and Sollecito’s horrific books.

You want to see manipulation in spades?

See here and here and the whole huge area of the DNA and of course the RS and AK books.

You want to see bungling in spades?

No better example than this one which could possibly cost Sollecito lawyer Luca Maori his career and has stopped the Fifth Chambers of Cassation dead in their tracks.

Also Knox’s and Sollecito’s foolish books involving dozens of others are coming back to haunt them in court. Also look here at how Chris Mellas dropped Knox in it.

Helping Sollecito cost his sister Vanessa her Carbinieri job. Sollecito’s father admitted to Panorama he tried political manipulation and was charged. Knox’s parents parroted Amanda Knox and were charged. “Helpful” investigator Paul Ciolino framed an innocent man in another case and was charged. Doug Preston ally Mario Spezi smeared investigators after the two tried framing an innocent man and blocking an investigation getting too near the truth and Spezi was charged.

Judge Heavey lied to national presidents everywhere and was reprimanded and soon retired. The defense arranged for Judge Hellmann to preside over the 2011 appeal; he was overturned and pushed out. Pepperdine University pushed out the besotted security guard Steve Moore. Frank Sforza, facing felony charges, took off like a rabbit out of America. Defense witness Aviello was charged. 

The defenses’ attempt to climb in Filomena’s window came up short. This bungled frame-up went nowhere. The pathetic Bruce Fischer team has gone nowhere.

2. Bungling In Knox’s Calunnia Case

Keeping Knox quiet for her own good was always a mighty struggle and the defense lawyers openly complained. It was an open secret in Perugia from 2007 to 2009 that Knox’s defense lawyers were struggling with Knox herself and with her family and her PR.

At least one defense lawyer was fired or walked off the job (as with the Sollecito team). This struggle broke out into the open at various times, for example see here.

Still. Knox’s defense team also did at least five things to help make matters worse for her in her calunnia trial now.

    1) They allowed Knox to interrupt prosecution witness Anna Donnino, the interpreter, during her testimony in March 2009 to claim she was hit, having repeatedly said previously that that was untrue. That set the legal reaction in motion.

    2) They put Knox on the stand seemingly unbriefed and allowed her to contradict both days and days of prosecution testimony and also prior declarations by herself.

    3) They put a presumably privileged letter from Knox to themselves in evidence (see previous post) knowing that it contained false claims.

    4) They applied to a Perugia judge for the transfer of the calunnia case from Perugia to Florence, thinking the Florence court was gunning for Dr Mignini when the truth is opposite.

    5) They applied to the same Perugia judge for the attachment of Dr Mignini’s name to the complaint though they knew he was not at the “interrogation” as even Knox said on the stand.

Due to failed defense efforts Knox has already served three years and is a felon for life, and she now could face another six plus more penalties for her book. She is still not off the hook for murder as Fifth Chambers judges broke two laws and had fishy friends in their pasts.

So, good luck, Amanda Knox. GREAT TEAM!

3. Day Two Of Knox’s Testimony

These are excerpts related to the “interrogation” of 5-6 Nov. Important: we dont yet know what else the prosecutors will include in their charges as much of Knox’s testimony was on other things about which she also lied.

Excerpts in both posts are from the full transcript on the Case Wiki, and all transcription and translation into English (a massive task) was by the PMF Team.

Cross Examination By Prosecutor Mignini

GM:  In your preceding declarations, on Nov 2 at 15:30, on Nov 3 at 14:45, then, there was another one, Nov 4, 14:45, and then there’s Nov 6, 1:45. Only in these declarations, and then in the following spontaneous declarations, did you mention the name of Patrick. Why hadn’t you ever mentioned him before?
AK:  Because that was the one where they suggested Patrick’s name to me.
GM:  All right, now is the time for you to make this precise and specific. At this point I will take…no, I’ll come back to it later. You need to explain this. You have stated: “The name of Patrick was suggested to me. I was hit, pressured.”
AK:  Yes.
GM:  Now you have to tell me in a completely detailed way, you have to remember for real, you have to explain step by step, who, how, when, was the name of Patrick suggested to you, and what had been done before that point. The name of Patrick didn’t just come up like a mushroom; there was a preceding situation. Who put pressure on you, what do you mean by the word “pressure”, who hit you? You said: “They hit me”, and at the request of the lawyer Ghirga, yesterday, you described two little blows, two cuffs.
AK:  Yes.
GM:  So that would be what you meant by being hit?
AK:  Yes.
GM:  Or something else? Tell me if there was something else. You can tell us.
AK:  Okay.
GCM:  So, you are—[Interruptions] The question is—[Interruptions] Escuse me. Excuse me. The question is quite clear. He is repeating this in order to give the accused a chance to add something to these events that were explained by the accused yesterday. The pubblico ministero is asking to return to these events mentioned yesterday in order to obtain more detail about exactly what happened and who did it. Please be as precise as possible.
GM:  So you were in front of—
GCM:  The question is clear.
GM:  All right, so tell us.
GCM:  Yes, it’s clear.
AK:  All right. Okay.
GCM:  If you could give more detail, be more precise, exactly what was suggested to you, about the cuffs, all that.
AK:  Okay.
GCM:  And who did all this, if you can.
AK:  Okay. Fine. So, when I got to the Questura, they placed me to the side, near the elevator, where I was waiting for Raffaele. I had taken my homework, and was starting to do my homework, but a policeman came in, in fact there were I don’t know, three of them or something, and they wanted to go on talking to me. They asked me again—
GM:  Excuse me, excuse me—
AK:  [coldly] Can I tell the story?
GM:  Excuse me for interrupting you otherwise we’ll forget—
CDV:  Presidente, I object to this way of doing things. The question was asked—[Yelling, interruptions]—we should wait for the answer.
GM:  It’s impossible to go on like this, no, no.
CDV:  If a question is asked, she has to be able to answer.
GCM:  Please, please. That’s correct. There is a rule that was introduced, which says that we should absolutely avoid interruptions from anyone.
CDV:  I want to ask that she be allowed to finish her answer. She has the right, no?
GCM:  Please, please, pubblico ministero. It’s impossible to go on this way.
GM:  I would like to, I can—
GCM:  No no no, no one can. We have to make sure that while someone is speaking, there are never any superimposed voices. And since the accused is undergoing examination, she has the right to be allowed to answer in the calmest possible way. Interruptions and talking at the same time don’t help her, and they can’t be written down in the minutes, which obliges the courts to suspend the audience and start it again at a calmer and more tranquil moment.
GM:  Presidente—
GCM:  No, no, no! Interruptions are absolutely not allowed! Not between the parties, nor when the Court, the President is speaking. So, interruptions are not allowed. Now, the accused is speaking, and when she is finished, we can return to her answers—
GM:  Presidente.
GCM:  Excuse me, please! But at the moment she is speaking, we have to avoid interrupting her. But—I don’t know if this is what was wanted—but while you are speaking, if you could tell us when. For instance, you say you were doing homework, but you didn’t tell us when. We need to know when, on what day, the 2nd of November, the 3rd, what time it was. While you are talking, you need to be more detailed, as detailed as you can with respect to the date and the time.
AK:  Okay.
GCM:  And we must avoid interruptions, but when you have finished, we can discuss your answer.
AK:  Thank you. So, here is…how I understood the question, I’m answering about what happened to me on the night of the 5th and the morning of the 6th of November 2007, and when we got to the Questura, I think it was around 10:30 or nearer 11, but I’m sorry, I don’t know the times very precisely, above all during that interrogation. The more the confusion grew, the more I lost the sense of time. But I didn’t do my homework for a very long time. I was probably just reading the first paragraph of what I had to read, when these policemen came to sit near me, to ask me to help them by telling them who had ever entered in our house. So I told them, okay, well there was this girlfriend of mine and they said no no no, they only wanted to know about men. So I said okay, here are the names of the people I know, but really I don’t know, and they said, names of anyone you saw nearby, so I said, there are some people that are friends of the boys, or of the girls, whom I don’t know very well, and it went on like this, I kept on answering these questions, and finally at one point, while I was talking to them, they said “Okay, we’ll take you into this other room.” So I said okay and went with them, and they started asking me to talk about what I had been doing that evening. At least, they kept asking about the last time I saw Meredith, and then about everything that happened the next morning, and we had to repeat again and again everything about what I did. Okay, so I told them, but they always kept wanting times and schedules, and time segments: “What did you do between 7 and 8?” “And from 8 to 9? And from 9 to 10?” I said look, I can’t be this precise, I can tell you the flow of events, I played the guitar, I went to the house, I looked at my e-mails, I read a book, and I was going on like this. There were a lot people coming in and going out all the time, and there was one policeman always in front of me, who kept going on about this. Then at one point an interpreter arrived, and the interpreter kept on telling me, try to remember the times, try to remember the times, times, times, times, and I kept saying “I don’t know. I remember the movie, I remember the dinner, I remember what I ate,” and she kept saying “How can you you remember this thing but not that thing?” or “How can you not remember how you were dressed?” because I was thinking, I had jeans, but were they dark or light, I just can’t remember. And then she said “Well, someone is telling us that you were not at Raffaele’s house. Raffaele is saying that at these times you were not home.” And I said, but what is he saying, that I wasn’t there? I was there! Maybe I can’t say exactly what I was doing every second, every minute, because I didn’t look at the time. I know that I saw the movie, I ate dinner. And she would say “No no no, you saw the film at this time, and then after that time you went out of the house. You ate dinner with Raffaele, and then there is this time where you did nothing, and this time where you were out of the house.” And I said, no, that’s not how it was. I was always in Raffaele’s apartment.
GCM:  [taking advantage of a tiny pause to slip in without exactly interrupting] Excuse me, excuse me, the pubblico ministero wants to hear precise details about the suggestions about what to say, and also about the cuffs, who gave them to you.
AK:  All right. What it was, was a continuous crescendo of these discussions and arguments, because while I was discussing with them, in the end they started to little by little and then more and more these remarks about “We’re not convinced by you, because you seem to be able to remember one thing but not remember another thing. We don’t understand how you could take a shower without seeing…” And then, they kept on asking me “Are you sure of what you’re saying? Are you sure? Are you sure? If you’re not sure, we’ll take you in front of a judge, and you’ll go to prison, if you’re not telling the truth.” Then they told me this thing about how Raffaele was saying that I had gone out of the house. I said look, it’s impossible. I don’t know if he’s really saying that or not, but look, I didn’t go out of the house. And they said “No, you’re telling a lie. You’d better remember what you did for real, because otherwise you’re going to prison for 30 years because you’re a liar.” I said no, I’m not a liar. And they said “Are you sure you’re not protecting someone?” I said no, I’m not protecting anyone. And they said “We’re sure you’re protecting someone.” Who, who, who, who did you meet when you went out of Raffaele’s house?” I didn’t go out. “Yes, you did go out. Who were you with?” I don’t know. I didn’t do anything. “Why didn’t you go to work?” Because my boss told me I didn’t have to go to work. “Let’s see your telephone to see if you have that message.” Sure, take it. “All right.” So one policeman took it, and started looking in it, while the others kept on yelling “We know you met someone, somehow, but why did you meet someone?” But I kept saying no, no, I didn’t go out, I’m not pro-pro-pro—-
GCM:  [taking advantage of her stammer] Excuse me, okay, we understand that there was a continuous crescendo.
AK:  Yes.
GCM:  As you said earlier. But if we could now get to the questions of the pubblico ministero, otherwise it will really be impossible to avoid some interruptions. If you want to be able to continue as tranquilly, as continuously as possible…
AK:  Okay, I’m sorry.
GCM:  So, if you could get to the questions about exactly when, exactly who… these suggestions, exactly what did they consist in? It seems to me…
AK:  Okay. Fine. So, they had my telephone, and at one point they said “Okay, we have this message that you sent to Patrick”, and I said I don’t think I did, and they yelled “Liar! Look! This is your telephone, and here’s your message saying you wanted to meet him!” And I didn’t even remember that I had written him a message. But okay, I must have done it. And they were saying that the message said I wanted to meet him. That was one thing. Then there was the fact that there was this interpreter next to me, and she was telling me “Okay, either you are an incredibly stupid liar, or you’re not able to remember anything you’ve done.” So I said, how could that be? And she said, “Maybe you saw something so tragic, so terrible that you can’t remember it. Because I had a terrible accident once where I broke my leg…”
GCM:  The interpreter said this to you?
AK:  The interpreter, yes.
GCM:  I also wanted to ask you because it isn’t clear to me: only the interpreter spoke to you, or the others also?
AK:  All the others also.
GCM:  Everyone was talking to you, all the others, but were they speaking in English?
AK:  No, in Italian.
GCM:  In Italian. And you answered in Italian?
AK:  In Italian, in English…
GCM:  And what was said to you in Italian, did it get translated to you in English?
AK:  A bit yes, a bit no, there was so much confusion, there were so many people all talking at the same time, one saying “Maybe it was like this, maybe you don’t remember,” another saying “No, she’s a stupid liar,” like that…
GCM:  But everything was eventually translated, or you understood some of it and answered right away?
AK:  It wasn’t like an interrogation, like what we’re doing now, where one person asks me a question and I answer. No. There were so many people talking, asking, waiting, and I answered a bit here and there.
GCM:  All right. You were telling us that the interpreter was telling you about something that had happened to her. [Interruption by Mignini.] But you need to get back to the questions asked by the pubblico ministero. This isn’t a spontaneous declaration now. This is an examination. That means the pubblico ministero has asked you a question, always the same question, and we still haven’t really heard the answer to it.
AK:  Yes, sorry.
GCM:  Right, so you were saying that there was this continuous crescendo.
AK:  It’s difficult for me to say that one specific person said one specific thing. It was the fact that there were all these little suggestions, and someone was saying that there was the telephone, then there was the fact that… then more than anything what made me try to imagine something was someone saying to me “Maybe you’re confused, maybe you’re confused and you should try to remember something different. Try to find these memories that obviously you have somehow lost. You have to try to remember them. So I was there thinking, but what could I have forgotten? And I was thinking, what have I forgotten? what have I forgotten? and they were shouting “Come on, come on, come on, remember, remember, remember,” and boom! on my head. [Amanda slaps herself on the back of the head: End of video segment] “Remember!” And I was like—Mamma Mia! and then boom! [slaps head again] “Remember!”
GCM:  Excuse me, excuse me, please, excuse me…
AK:  Those were the cuffs.
GCM:  So, the pubblico ministero asked you, and is still asking you, who is the person that gave you these two blows that you just showed us on yourself?
AK:  It was a policewoman, but I didn’t know their names.
GM:  Go ahead, pubblico ministero.
GM:  So, now, I asked you a question, and I did not get an answer. You ... [interruptions]!
LG or CDV:  I object to that remark! That is a personal evaluation! Presidente! That is very suggestive. He is making an unacceptable conclusion. He can ask a question, but this is a personal opinion. It seems to me that she did answer. She answered for a good five minutes.
GCM:  Sorry, but I said that we were supposed to avoid interruptions, that we weren’t supposed to interrupt when someone was speaking—
LG or CDV:  But—
GCM:  Wait—avvocato, excuse me, please, let’s try to avoid these moments which don’t help anybody and probably harm the person undergoing the examination because they create tension in the court—
GM:  When I am doing the cross-examination I would like—
GCM:  Please, pubblico ministero. This is another recommendation: let’s avoid analyses. Let’s take the answers as they come, later the right moment will come to say that from this examination, you did not obtain the answer that you expected, that the accused did not answer the questions. That is a later phase. At this moment, let’s stay with the answers that we have, even if they are not exhaustive, and return to the question, but avoiding personal evaluations of their value. Go ahead, publicco ministero, go ahead.
GM:  I would like to—
GCM:  Yes, yes, go ahead, return to your question. And then you can come back to it with more details.
GM:  The central point of that interrogation was the moment when the name of Patrick emerged. You spoke of suggestions, you spoke of pressure, you spoke of being hit, I asked you to give me a precise description of who gave you the blows, you need to describe this person. Was it a woman or a man? Who asked you the questions? Who was asking you the questions? There was the interpreter, who was the person who was translating. But the exam, the interrogation, who was doing it? Apart from the people who were going in and out. You must have understood that there was a murder, and this was a police station, and the investigation was hot, and what I am asking you is, who was actually conducting the interrogation?
GCM:  The pubblico ministero is asking you, you said that the two blows were given to me by someone whose name I don’t know. The pubblico ministero is asking you firstly if you can give a description of the person who hit you, if you saw her, and if you can give us a description. The second question—
AK:  So, when I—the person who was conducting the interrogation—
GCM:  That was the second question! You’re starting with the second question, that’s fine, go ahead, go ahead.
AK:  Oh, sorry…
GCM:  Go on, go on. The person who was conducting the interrogation…
AK:  Well, there were lots and lots of people who were asking me questions, but the person who had started talking with me was a policewoman with long hair, chestnut brown hair, but I don’t know her. Then in the circle of people who were around me, certain people asked me questions, for example there was a man who was holding my telephone, and who was literally shoving the telephone into my face, shouting “Look at this telephone! Who is this? Who did you want to meet?” Then there were others, for instance this woman who was leading, was the same person who at one point was standing behind me, because they kept moving, they were really surrounding me and on top of me. I was on a chair, then the interpreter was also sitting on a chair, and everyone else was standing around me, so I didn’t see who gave me the first blow because it was someone behind me, but then I turned around and saw that woman, and she gave me another blow to the head.
GCM:  This was the same woman with the long hair?
AK:  Yes, the same one.
GCM:  All right. Are you finished? Tell me if you have something to add.
AK:  Well, I already answered.
GCM:  Fine, fine, all right. Go ahead, pubblico ministero.
GM:  I’ll go on with the questions. In the minutes it mentions three people, plus the interpreter. Now, you first said that they suggested things to you. What exactly do you mean by the word “suggestion”, because from your description, I don’t see any suggestion. I mean, what is meant by the Italian word “suggerimento”, I don’t find it.
GCM:  [quelling them] Excuse me, excuse me, please, please, excuse me, excuse me! Listen, the pubblico ministero is asking you: “suggestions”, you also mentioned words that were “put in your mouth”, versions, things to say, circumstances to describe.
The pubblico ministero is asking two things: who made the suggestions, and what exactly were you told to say? }}
AK:  All right. It seems to me that the thoughts of the people standing around me, there were so many people, and they suggested things to me in the sense that they would ask questions like: “Okay, you met someone!” No, I didn’t. They would say “Yes you did, because we have this telephone here, that says that you wanted to meet someone. You wanted to meet him.” No, I don’t remember that. “Well, you’d better remember, because if not we’ll put you in prison for 30 years.” But I don’t remember! “Maybe it was him that you met? Or him? You can’t remember?” It was this kind of suggestion.
GCM:  When you say they said “Maybe you met him?”, did they specify names?
AK:  Well, the important fact was this message to Patrick, they were very excited about it. So they wanted to know if I had received a message from him—
[Interruptions]
GCM:  Please, please!
[Interruptions, multiple voices]
CDV:  It’s not possible to go on this way! [Mignini yells something at dalla Vedova]
GCM:  Please, please, excuse me, excuse me!
??:  I’m going to ask to suspend the audience! I demand a suspension of five minutes!
GCM:  Excuse me, excuse me! Please!
CDV:  Viva Dio, Presidente!
GM:  Presidente, I’m trying to do a cross-examination, and I must have the conditions that allow me to do it! The defense keeps interrupting.
??:  That’s true!
GCM:  Excuse me, excuse me, please—
GM:  We’re asking for a suspension!
GCM:  Just a moment, excuse me. I’ve heard all the demands and suggestions, now the Court will decide. So.
[Several moments of silence, during which Amanda murmurs in a very tiny voice: “Scusa.”]
GCM:  I want to point out that the accused offers answers to every question. She could always refuse to respond. She is answering, and that doesn’t mean she has to be asked about the same circumstances again and again. She is not a witness. The accused goes under different rules. We have to accept the answers—
??:  But—
GCM:  Please, please! We have to accept the answers given by the accused. She can stop answering at any time. At some point we simply have to move on to different questions. One circumstance is being asked again, the accused answered. The regularly, the tranquillity, the rituality of the court, of the process, has to be respected. The pubblico ministero was asking about suggestions. [To Amanda] If you want a suspension we can do it right away.
AK:  No, I’m fine.
GCM:  So the pubblico ministero was asking about the suggestions. All right?
AK:  Sure.
GCM:  So, you were the one who gave the first indication, introducing this generic pronoun “him”? This “him”, did they say who it could be?
AK:  It was because of the fact that they were saying that I apparently had met someone and they said this because of the message, and they were saying “Are you sure you don’t remember meeting THIS person, because you wrote this message.”
GCM:  In this message, was there the name of the person it was meant for?
AK:  No, it was the message I wrote to my boss. The one that said “Va bene. Ci vediamo piu tardi. Buona serata.”
GCM:  But it could have been a message to anyone. Could you see from the message to whom it was written?
AK:  Actually, I don’t know if that information is in the telephone. But I told them that I had received a message from Patrick, and they looked for it in the telephone, but they couldn’t find it, but they found the one I sent to him.
GCM:  I also wanted to ask you for the pubblico ministero, you wrote this message in Italian. I wanted to ask you, since you are an English speaker, what do you do when you wrote in Italian? Do you first think in English, and then translate into Italian, or do you manage to think directly in Italian?
AK:  No, at that time, I first thought in English, then I would translate, and then write.
GCM:  So that clarifies that phrase. Go ahead, pubblico ministero, but I think we’ve exhausted the question.
GM:  Yes, yes. I just wanted one concept to be clear: that in the Italian language, “suggerire” means “indicate”, someone who “suggests” a name actually says the name and the other person adopts it. That is what “suggerimento” is, and I…so my question is, did the police first pronounce the name of Patrick, or was it you? And was it pronounced after having seen the message in the phone, or just like that, before that message was seen?
??:  Objection! Objection!
GM:  On page 95, I read—
CDV:  Before the objection, what was the question?
GM:  The question was: the question that was objected was about the term “suggerimento”. Because I interpret that word this way: the police say “Was it Patrick?” and she confirms that it was Patrick. This is suggestion in the Italian language.
GCM:  Excuse me, please, excuse me. Let’s return to the accused. What was the suggestion, because I thought I had understood that the suggestion consisted in the fact that Patrick Lumumba, to whom the message was addressed, had been identified, they talked about “him, him, him”. In what terms exactly did they talk about this “him”? What did they say to you?
AK:  So, there was this thing that they wanted a name. And the message—
GCM:  You mean, they wanted a name relative to what?
AK:  To the person I had written to, precisely. And they told me that I knew, and that I didn’t want to tell. And that I didn’t want to tell because I didn’t remember or because I was a stupid liar. Then they kept on about this message, that they were literally shoving in my face saying “Look what a stupid liar you are, you don’t even remember this!” At first, I didn’t even remember writing that message. But there was this interpreter next to me who kept saying “Maybe you don’t remember, maybe you don’t remember, but try,” and other people were saying “Try, try, try to remember that you met someone, and I was there hearing “Remember, remember, remember,” and then there was this person behind me who—it’s not that she actually really physically hurt me, but she frightened me…
GCM:  “Remember!” is not a suggestion. It is a strong solicitation of your memory. Suggestion is rather…
AK:  But it was always “Remember” following this same idea, that…
GCM:  But they didn’t literally say that it was him!
AK:  No. They didn’t say it was him, but they said “We know who it is, we know who it is. You were with him, you met him.”
GCM:  So, these were the suggestions.
AK:  Yes.
GCM:  Go ahead, pubblico ministero.
GM:  I object here on the dynamics, because here there’s a contrast…well… per carita—[Brief interruption from GCM]—From Amanda’s answer, it emerges that there was this cell phone and this message and this “Answer, answer,” whereas in the minutes of the Dec 17 interrogation, page 95, we find: The police could not have suggested—[Arguing, everyone speaking, Maresca, Pacelli etc., some saying that they need to know the exact page, it’s different in their version. ]
GCM:  While the pubblico ministero is talking, let’s avoid interrupting him. It’s true that the pages are different, but still, if you can’t find the page, ask for a moment’s pause, don’t interrupt the reading.
GM:  So, on line number one, two, three, four…
GCM:  Pubblico ministero, don’t worry about the lines, please read.
GM:  [reading] She said: “I accused Patrick and no one else because they were continually talking about Patrick.” Suggesting, to use Amanda’s words. I asked: “The police, the police could not suggest? And the interpreter, was she shouting the name of Patrick? Sorry, but what was the police saying?” Knox: “The police were saying, ‘We know that you were in the house. We know you were in the house.’ And one moment before I said Patrick’s name, someone was showing me the message I had sent him.” This is the objection. There is a precise moment. The police were showing her the message, they didn’t know who it was—
GCM:  Excuse me, excuse me pubblico ministero [talking at the same time] excuse me, excuse me, the objection consists in the following: [to Amanda], when there are contrasts or a lack of coincidence with previous statements, be careful to explain them.
AK:  Okay.
GCM:  Do you confirm the declarations that the pubblico ministero read out?
AK:  I explained it better now.
GCM:  You explained it better now. All right pubblico ministero. Go ahead.
GM:  So, let’s move forward.
AK:  Okay.
GM:  Now, what happened next? You, confronted with the message, gave the name of Patrick. What did you say?
AK:  Well, first I started to cry. And all the policemen, together, started saying to me, you have to tell us why, what happened? They wanted all these details that I couldn’t tell them, because in the end, what happened was this: when I said the name of “Patrick”, I suddenly started imagining a kind of scene, but always using this idea: images that didn’t agree, that maybe could give some kind of explanation of the situation. I saw Patrick’s face, then Piazza Grimana, then my house, then something green that they told me might be the sofa. Then, following this, they wanted details, they wanted to know everything I had done. But I didn’t know how to say. So they started talking to me, saying, “Okay, so you went out of the house, okay, fine, so you met Patrick, where did you meet Patrick?” I don’t know, maybe in Piazza Grimana, maybe near it. Because I had this image of Piazza Grimana. “Okay, fine, so you went with him to your house. Okay, fine. How did you open the door?” Well, with my key. “So you opened the house”. Okay, yes. “And what did you do then?” I don’t know. “But was she already there?” I don’t know. “Did she arrive or was she already there?” Okay. “Who was there with you?” I don’t know. “Was it just Patrick, or was Raffaele there too?” I don’t know. It was the same when the pubblico ministero came, because he asked me: “Excuse me, I don’t understand. Did you hear the sound of a scream?” No. “But how could you not have heard the scream?”. I don’t know, maybe my ears were covered. I kept on and on saying I don’t know, maybe, imagining…
GCM:  [Stopping her gently] Okay, okay. Go ahead, pubblico ministero.
CDV?:  I’d like to ask a question, I’d like to make an objection about—
GCM?:  All right, so—
GM:  Is it a question or an objection? [crossing, arguing voices]
GCM:  Please, no interruptions.
CDV?:  [stronger] I said, I am asking a question and making an objection—
GCM:  But, excuse me, let’s stay with essentials. Let’s hear what the pubblico ministero has to say, and then we’ll see. That’s a premise.
GM:  I appeal to the court that this is making the examination impossible.
GCM:  Please, please, sorry. Go ahead.
GM:  I am trying to understand. In the interro—[he breaks off in mid-word, I think dalla Vedova must have stood up again.]
GCM:  But it’s not possible to hinder things this way, avvocato. Excuse me. Why?
CDV?:  [hard to hear because he’s speaking at the same time as GCM] The defense would like to formally ask for a break [?]
GCM:  We haven’t even heard what he is trying to say yet. You can’t make preventive objections! I’m sorry, avvocato.
CDV?:  I’m not making an objection—
GCM:  [really trying to stop him but not succeeding, CDV goes on talking at the same time] Please, please avvocato, no no no no, the pubblico ministero is speaking. [GM also says some words] Excuse me, excuse me.
CDV?:  The suggestions of the PM before asking the question are inopportune, because he is suggesting and making suggestive…
GCM:  Please, please, excuse me, excuse me! [He really, really needs a gavel to bang!]
GM:  [some words]
GCM:  Please, pubblico ministero! We are creating useless moments—
GM:  [some words]
GCM:  [much louder] Please, pubblico ministero! Please! Now, excuse me.
GM or CDV:  Please explain this concept to me.
GCM:  Please, please! [He finally obtains silence] I understand that when these interruption happens, the tone gets a bit louder, but that is not helpful. [Interruption] Please, please—but we are getting the impression that the objections are preventive. So while the pubblico ministero is speaking, which he has every right to do in this phase, and the defense already had their chance to do it, and they weren’t interrupted yesterday, so we ask for equal treatment today, at the present moment of the examination of the accused. And the tone should always remain cordial without giving the impression of a—
CDV:  Yes, yes, no, no. But it’s just that, I am asking that—
GCM:  Please, avvocato. There’s no reason. We are trying to reconcile the interests of all parties, we are gathering circumstances on which the different parties are called to make analyses and the Court to decide. This will be helpful for everyone. Go ahead.
GM:  The question is this: You say, you just told me a little while ago, that… the police—I’m trying to—well, I have to give a little introduction so she understands my question. You said “they found this message and they asked me whom it was to, if it was true or not true.” And you answered. Then the police obviously goes forward with their questions. “So, tell us”. And you…you just told me, I can’t read it, obviously I don’t have the transcription right here, but, I might be making a mistake, I don’t know, but you were saying that you remembered Piazza Grimana. Did you really say that?
AK:  Yes.
GCM:  Please, please, excuse me, there, now what the accused is saying is: “On the basis of these elements, I tried to reconstruct a scene that could be verified.” In these terms, not because she… She mentally elaborated, with her imagination: this is what I understood, how the scene could be realized, containing those elements that had come up.
AK:  Certainly.
GCM:  But she wasn’t speaking of an effective memory of circumstances that had effectively occurred in her perception. That is the meaning of the response of the accused.
AK:  Certo.
GM:  But you said that you remembered Piazza Grimana.
AK:  I had an image of Piazza Grimana.
GM:  An image of Piazza Grimana, that’s right. Now listen, in the interrogation, page 95, the same interrogation, but the same expression turns up in other places, I can give references if necessary…

[Start of 6:54 minute video segment] ...I asked this question: Why did you throw out an accusation of this type? In the confrontations with Mr. Lumumba (I was continuing and you answered right away): “I was trying, I had the possibility of explaining the message in my phone. He had told me not to come to work.” Perfectly normal things. So, faced with a perfectly normal circumstance, “My boss texted me to tell me not to come to work and I answered him,” you could have just stated that. End of response. Instead, faced with the message, and the questions of the police, you threw out this accusation. So I am asking you, why start accusing him when you could calmly explain the exchange of messages? Why did you think those things could be true? }}
AK:  I was confused.
GM:  You have repeated that many times. But what does it mean? Either something is true, or it isn’t true. Right now, for instance, you’re here at the audience, you couldn’t be somewhere else. You couldn’t say “I am at the station.” You are right here, right now.
AK:  Certainly. [Some noise]
GCM:  The question is clear.
AK:  Can I answer?
GCM:  [quelling noise] Excuse me, excuse me! Please, go ahead.
AK:  My confusion was because firstly, I couldn’t understand why the police was treating me this way, and then because when I explained that I had spent the whole time with Raffaele, they said “No, you’re a liar”. It was always this thing that either I didn’t remember or I was lying. The fact that I kept on and on repeating my story and they kept saying “No, you’re going to prison right now if you don’t tell the truth,” and I said “But I’ve told the truth,” “No, you’re a liar, now you’re going to prison for 30 years because either you’re a stupid liar or you forgot. And if it’s because you forgot, then you’d better remember what happened for real, right now.” This is why I was confused. Because I didn’t understand. I didn’t understand why. I didn’t understand anything any more. I was so scared and impressed by all this that at some point I thought What the heck, maybe they’re right, maybe I forgot.
GM:  So, and then, you accused Lumumba of murder. This is the conclusion.

GM:  I wanted to spend a moment on one last question, maybe the last but I don’t know, about the morning of the 6th.
AK:  Okay.
GM:  There’s another thing I didn’t understand. You said pressure was put on you, and there were suggestions, you explained today exactly what those consisted in, to say the name of Patrick and to accuse Patrick. Then you wrote a memorandum in which you confirm everything. And you weren’t under pressure right then. Why didn’t you just say: “I falsely accused someone.” Someone who was in prison, who was put in prison, maybe for a long time. Can you explain this to me?
AK:  Certo.
CDV?:  Can I make an objection? Very, very calmly and without animosity?
GCM:  Thank you, thank you, thank you, thank you [for the calm, no doubt]. Thank you.
CDV?:  It seems to me that the pubblico ministero, in presenting his questions, always makes references which go as far as actually suggesting the answers, and also—
GM:  Well it is a cross-examination.
GCM:  Please, please let’s avoid interruptions and let each person express what he has to say. Go ahead, avvocato.
CDV?:  In the question he just asked, he mentions the memorandum and says it confirms. Now, this might be a specific question, but it should not be an assertion on the part of the pubblico ministero, followed by another question. If we look in the minutes, we find a series of unilateral declarations which all go to show what interests the pubblico ministero. To my mind, this mentality goes against our way of examining the accused. I just want to make this clear.
GCM:  All right, taking into account these remarks, the pubblico ministero’s question remains. It could be rephrased like this: during the 5th and the 6th, you said there were pressures, and the name of Patrick Lumumba emerged as also being involved in these events. But as the pubblico ministero notes, you then you wrote the memorandum spontaneously. We heard that you yourself asked for paper to be able to write it.
AK:  Certainly.
GCM:  And writing with this liberty, you even referred to it as a gift, these elements which had already emerged, you reasserted them, and this involvement of Patrick Lumumba. What the pubblico ministero is asking is: how did you—this question was already asked yesterday—in these different circumstances, you weren’t in the room any more, there wasn’t any pressure, why didn’t the truth somehow get stabilized?
AK:  Yes, yes. In fact, what happened is that I had literally been led to believe that somehow, I had forgotten something real, and so with this idea that I must have forgotten, I was practically convinced myself that I really had forgotten. And these images, that I was actually forcing myself to imagine, were really lost memories. So, I wasn’t sure if those images were reality or not, but explaining this to the police, they didn’t want to listen to the fact that I wasn’t sure. They treated me as though I had now remembered everything and everything was fine and I could now make a declaration in the tribunal against someone, to accuse someone. I didn’t feel sure about that. I didn’t feel—
GCM:  Excuse me, but in the memorandum, do you remember what you wrote about Patrick? Because maybe it wasn’t precise…
GM:  [Interrupting] I want—I want—I want to contest this point. Two points in the memorandum. If I’m not mistaken, you weren’t a witness right then. You had been the object of an arrest warrant. You had been arrested. You know the difference between a suspect and a witness. You weren’t a witness. Not any longer. So in the memorandum—
CDV?:  One moment—[hard to hear] Does she know the difference?
GM:  Can I continue? Sorry, avvocato, but I’m asking questions! Can I continue? He’s continually—
GCM:  Sorry, sorry, go ahead.
GM:  This is impossible!
GCM:  Please, pubblico ministero, go ahead, go ahead.
GM:  I am interrogating. I am interrogating. Now I’m distracted. Now, the difference between a suspect and a witness—a person informed of the facts. You said: “I made these declarations so that I could leave, so I could be—” but instead, you were arrested. And you wrote the memorandum after you had been arrested. And you wrote two sentences: I’ll read them. “I stand by my statements that I made last night about events that events that could have taken place in my home with Patrick.” [In Italian: “I confirm…”] Do you know what the word “confirm” means in Italian? “In the flashbacks that I’m having, I see Patrick as the murderer.” There wasn’t any policeman with you when you wrote that. No one. You wrote that in complete liberty. Do you know how to explain to me why? And this is even more decisive than what you said some hours earlier. Can you explain this?
AK:  I couldn’t even explain to myself why I had these images in my head, because I didn’t know if they were memories or not. And I want to say that if I made these declarations, that they asked me to sign and everything, I did it, but I wanted in the memorandum to explain my doubt, this fact that I wasn’t sure about it, because no one ever wanted to listen when I said listen, I don’t know.
GCM?:  Effectively the memorandum was correcting what had been said, and these doubts arose.
GM:  Do you have lapses of memory? At that time did you ever have lapses of memory?
AK:  Did I have what?
GM:  Lapses of memory.
AK:  Oh, lapses of memory.
GM:  Lapses of memory. Moments where you couldn’t remember things that you had done. “What did I do yesterday? I don’t know.”
AK:  [Laughing] I’ve had that problem all my life.
GM:  What?
AK:  I’ve had that problem all my life. I can’t remember where I put my keys.
GM:  So it happened to you at other times? Explain it to me. You previously mixed up things, didn’t know whether you had dreamed things or they were real?
AK:  No, not that part about the imagination! I would forget for example what I ate yesterday for dinner, yes, that happened to me, but not to actually imagine things.
GM:  To imagine something that hadn’t really happened, that never happened to you.
AK:  No. I never had that problem, but then, I had never been interrogated like that before.
GM:  Okay, so when you had this flashback, you saw Patrick as the murderer. What was this flashback?
AK:  The flashback consisted in this image of Patrick’s actual face, not that I imagined an actual act, I imagined his face. Then I had this image of Piazza Grimana, then an image of Patrick’s face, then I always had this idea that they wanted to say: these images explain the fact that you met him, and you brought him home, and maybe you heard something and covered your ears, and it was always like this, not that I actually imagined having seen Meredith’s death. It was these images that came by themselves, to explain…
GM:  I see. All right. I take note of what you’re saying. Now, let’s talk about your memorandum from the 7th, still written in total autonomy, without anyone around you. You wrote: “I didn’t lie when I said that I thought the murderer was Patrick. At that moment I was very stressed and I really did think that it was Patrick.” Then you add “But now I know that I can’t know who the murderer is, because I remember that I didn’t go home.” Can you explain these concept to me?
AK:  Yes, because I was convinced that I somehow could have forgotten. So in that moment, I—
GM:  So what you had said might have actually been true?
AK:  Yes.
AK:  Yes, it could have been true, but at that moment. But then, when I was able to rethink the facts, it became clearer and clearer that it didn’t make sense, that it was absolutely ridiculous that I could have thought that or imagined it.
GM:  But didn’t you feel the need to intervene to get an innocent person out of prison? You didn’t feel the need?
AK:  But the police had already called me a liar, and I didn’t feel they were listening to me. Also because in the Questura—
GM:  But you were in prison!
AK:  But in the Questura, I had already told them: Look, I’m not sure about this, and they didn’t want to hear that. They didn’t want to listen, because they said to me “No, you’ll remember it later. You just need a little time to really remember these facts.” I told them no, I don’t think it’s like that, but they didn’t want to listen.
GM:  They didn’t believe you. But you, once you said that you remembered, [snaps fingers?] you could have just made a declaration or sent me another memorandum saying “No, I didn’t say the truth. Patrick is innocent.”
GCM:  Excuse me, we already had explanations about this.


The Amanda Knox Calunnia Trial In Florence: What It Is All About #1

Posted by Peter Quennell



Above: Florence Prosecutor Dr Leopoldo Di Girolamo. Quick route to Comments here.

1. Arrangements For Knox Trial In Florence

Knox’s second trial for aggravated calunnia will take place later this week and early next week in Florence.

For the record the sentence for a repeat calunnia offense can be six years and the statute of limitations cuts in at 11 year and three months which in this case will be late in AD 2020.

The real drama if any will be next week, when witnesses are to be called starting on Monday. We should have some court reporting from Main Poster Machiavelli. There is the possibility of a closed court and a verdict on Tuesday.

We believe the judge will be Dr Giampaolo Boninsegna. We presume that Knox will not attend (perhaps a weak move, perhaps not).

Two prosecutors have developed the case which was sparked by complaints from investigators in the Perugia central police station. They are Dr Leopoldo Di Girolamo (image above) and Dr Angela Pietroiusti. We could see either or both of them in action.

It appears now that knox’s lawyers will again be Ghirga and Dalla Vedova, who some lawyers criticise for dropping her in it at trial with an ill-judged stint on the stand after 20 months of trying to stop Knox dropping herself in it.

2. Why Knox Was On The Stand in 2009

Knox’s team primarily primarily intended that Knox’s two days on the stand should serve to explain why she framed Patrick and then allowed him to languish in prison.

Both publicly to the media and at the Micheli hearings in late 2008 Knox’s lawyers had denied she was ill-treated or forced into a “confession”. So why was Knox put on the stand?

Probably in part because Knox absolutely insisted on it, given her considerable track record of written and spoken explanations and her interrogation in December 2007 by Dr Mignini. Each time a fail, but perhaps she had in mind the movie Groundhog Day.

And probably in part because the prosecution portion of the trial had been pretty damning. There had been stacks of evidence and numerous witnesses whose testimony fitted together pretty seamlessly.

Contrast this with the defense portion of the trial, from late summer onward, which was often awkward and hesitant, often did not fill complete court days, and really gained no ground back.

3. The Knox Defense Team’s Uphill Task Here

Bizarrely, Knox AND her lawyers AND her family had already sat through days and days of testimony earlier in the trial from various investigators who were present on 5-6 November when Knox explosively fingered Patrick.

Knox’s testimony was like night and day compared to that, as if none of that previous testimony had even happened. This was probably unique in Italian legal history and quite possibly in US legal history also.

Our ongoing Interrogation Hoax series, still far from complete, which has included a lot of new translation, showed what a very consistent picture of events on 5-6 Nov all these witnesses testified to.

Testimony led by Knox’s team (see below) was quite extensive but it tellingly wandered far from the main point and was very pussyfooting about 5-6 Nov even though Knox was not under oath and prosecutor cross-examination was circumscribed. It really won no points for Knox at all and didnt avoid her serving three years.

To consider the target testimony below against the picture the court had already developed, please read at least Part One of the series.

Look below as you read for all the numerous claims by Knox of illegal pressure and illegal abuse and illegal insistence of scenarios and names given to her by the cops.

According to the prior testimony of all those officers Knox is impugning, none of these claims of illegality seemingly designed to hurt careers had any truth at all to them.

4. Day One of Knox’s Testimony

Day two’s testimony will follow in our next post. Excerpts in both posts are from the full transcript on the Case Wiki, and all transcription and translation into English (a massive task) was by the PMF Team.

Relevant Questions By Lumumba Lawyer Pacelli

Here AK is Knox, CP is Pacelli, and GCM is Judge Massei.

CP:  Listen, let’s get to the evening of November 1. On the evening of November 1, 2007, did you have an appointment with Patrick near the basketball court?
GCM:  [Interrupting the interpreter who is putting this question into English for Amanda] Excuse me, excuse me. Also for the interpreter, also the English translation, everything is for everyone, this is not a dialogue between two people.
CP:  I’ll ask a simpler question, Presidente.
GCM:  No no, we heard it. Please, go ahead. [The interpreter translates the question]
AK:  No, I didn’t.
CP:  So, on the evening of November 1, you didn’t meet Patrick?
AK:  No.
CP:  You didn’t meet him at the basketball court?
AK:  No.
CP:  Then why did you say you met him at the basketball court during your interrogation of November 6, 2007, at 1:45 in the morning in front of the judicial police?
AK:  It was a complicated situation. I can explain it if you want me to go into it.
CP:  Yes, yes, later.
AK:  Okay.
CP:  You had the keys of the apartment in via della Pergola?
GCM:  Excuse me, avvocato, she was saying something.
CP:  Sorry. Please, go ahead.
GCM:  She was adding something. Please go ahead. You can answer…
AK:  Okay.
GCM:  ...with all the time and the precision that you need.
AK:  Okay.
GCM:  [addressing the interpreter] Tell her that if she wants to add something, as it seemed she did, she can do it, and we will listen. [Interpreter puts this into English]
AK:  Yes. Um, the interrogation process was very long and difficult. Arriving in the police office, I didn’t expect to be interrogated at all. When I got there, I was sitting on my own doing my homework, when a couple of police officers came to sit with me. They began to ask me the same questions that they had been asking me days…all these days ever since it happened. For instance, who could I imagine could be the person who killed Meredith, and I said I still didn’t know, and so what they did is, they brought me into another interrogation room. Once I was in there, they asked me to repeat everything that I had said before, for instance what I did that night. They asked me to see my phone, which I gave to them, and they were looking through my phone, which is when they found the message. When they found the message, they asked me if I had sent a message back, which I didn’t remember doing. That’s when they started being very hard with me. They called me a stupid liar, and they said that I was trying to protect someone. [Sigh] So I was there, and they told me that I was trying to protect someone, but I wasn’t trying to protect anyone, and so I didn’t know how to respond to them. They said that I had left Raffaele’s house, which wasn’t true, which I denied, but they continued to call me a stupid liar. They were putting this telephone in front of my face going “Look, look, your message, you were going to meet someone”. And when I denied that, they continued to call me a stupid liar. And then, from that point on, I was very very scared, because they were treating me so badly and I didn’t understand why. [Sigh] While I was there, there was an interpreter who explained to me an experience of hers, where she had gone through a traumatic experience that she could not remember at all, and she suggested that I was traumatized, and that I couldn’t remember the truth. This at first seemed ridiculous to me, because I remembered being at Raffaele’s house. For sure. I remembered doing things at Raffaele’s house. I checked my e-mails before, then we watched a movie. We had eaten dinner together, we had talked together, and during that time I hadn’t left his apartment. But they were insisting upon putting everything into hourly segments, and since I never look at the clock, I wasn’t able to tell them what time exactly I did everything. They insisted that I had left the apartment for a certain period of time to meet somebody, which for me I didn’t remember, but the interpreter said I probably had forgotten. [Sigh]...
AK:  So what ended up happening was, that they told me to try to remember what I apparently, according to them, had forgotten. Under the amount of pressure of everyone yelling at me, and having them tell me that they were going to put me in prison for protecting somebody, that I wasn’t protecting, that I couldn’t remember, I tried to imagine that in some way they must have had…it was very difficult, because when I was there, at a certain point, I just…I couldn’t understand [Start of 15:19 minute video segment] why they were so sure that I was the one who knew everything. And so, in my confusion, I started to imagine that maybe I was traumatized, like what they said. They continued to say that I had met somebody, and they continued to put so much emphasis on this message that I had received from Patrick, and so I almost was convinced that I had met him. But I was confused.
CP:  But—did you really meet him at the basketball court?
AK:  No.
CP:  Then how could you be convinced that you had met him?
AK:  I was confused.
CP:  When you said this, how many police inspectors were present?
AK:  I don’t know how many were police officers or inspectors, but there were lots.
CP:  Listen, but you were accompanied to the bar, they offered you a cappuccino over the night? They assisted you through the night?
AK:  I was offered tea after I had made declarations.
CP:  So they treated you well.
AK:  No!

On November 6, 2007, at 1:45, you said that you went to the house in via della Pergola with Patrick. Did you go?
AK:  The declarations were taken against my will. And so, everything that I said, was said in confusion and under pressure, and, because they were suggested by the public minister.
CP:  Excuse me, but at 1:45, the pubblico ministero was not there, there was only the judicial police.
AK:  Ha. They also were pressuring me.
CP:  I understand, but were they telling you to say that, too, or did you say it of your own free will.
AK:  They were suggesting paths of thought. They were suggesting the path of thought. They suggested the journey. So the first thing I said, “Okay, Patrick”. And then they said “Okay, where did you meet him? Did you meet him at your house? Did you meet him near your house?” “Euh, near my house, I don’t know.” Then my memories got mixed up. From other days, I remembered having met Patrick, at Piazza Grimana, so I said “Okay, Piazza Grimana.” It wasn’t as if I said “Oh, this is how it went.”

GCM:  Please go ahead, avvocato.
CP: —which is the object of both declarations, the one at 1:45 and the one at 5:45. [Crossing voices.]
GCM:  It was about facts, though?
CP:  All right, I’ll reformulate the question. Meredith, before she was killed, did she have sex?
AK:  I don’t know.
CP:  Then why, in the interrogation of Nov 6 at 1:45, did you say that Meredith had sex before she died?
AK:  Under pressure, I imagined lots of different things, also because during the days that I was being questioned by the police, they suggested to me that she had been raped.
CP:  And the police suggested to you to say this?
AK:  Yes.
CP:  And to make you say this, did they hit you?
AK:  Yes.

CP:  When you wrote the memorandum, were you hit by police?
AK:  When?
CP:  When you wrote the memorandum. Were you hit by police?
AK:  No.
CP:  Mistreated?
AK:  No.
CP:  Did the police suggest the contents?
AK:  No.
CP:  You gave it to them freely?
AK:  Yes.
CP:  Voluntarily?
AK:  Yes.
CP:  Listen, in this memorandum, you say that you confirm the declarations you made the night before about what might have happened at your house with Patrick. Why did you freely and spontaneously confirm these declarations?
AK:  Because I was no longer sure what was my imagination and what was real. So I wanted to say that I was confused, and that I couldn’t know. But at the same time, I knew I had signed those declarations. So I wanted to say that I knew I had made those declarations, but I was confused and not sure.
CP:  But in fact, you were sure that Patrick was innocent?
AK:  No, I wasn’t sure.
CP:  Why?
AK:  Because I was confused! I imagined that it might have happened. I was confused.

CP:  Did you see Patrick on November 1, yes or no?
AK:  No.
CP:  Did you meet him?
AK:  No.
CP:  Then why did you say that you saw him, met him, and walked home with him?
AK:  Because the police and the interpreter told me that maybe I just wasn’t remembering these things, but I had to try to remember. It didn’t matter if I thought I was imagining it. I would remember it with time. So, the fact that I actually remembered something else was confusing to me. Because I remembered one thing, but under the pressure of the police, I forced myself to imagine another. I was confused. I was trying to explain this confusion, because they were making me accuse someone I didn’t want to accuse.

Relevant Questions By Knox Lawyer Ghirga

CP:  I’ll repeat my question. On the 10th, you said to your mother: “It’s my fault that he’s here. I feel terrible.” Why didn’t you say this to the pubblico ministero?
LG?:  I object! He’s already asked this question. And it was answered.
GCM:  Yes. It was already asked.
CP:  Yes, but she hasn’t answered!
LG?:  Yes, she HAS answered!
CP:  Can she answer? I didn’t understand.
GCM:  Excuse me, excuse me. Please.
CP:  I didn’t understand her answer, President. Can you explain?
GCM:  So, the question was asked and has been asked again because—
CP:  [speaking over him] Because I didn’t understand the answer!
GCM: —the defense lawyer has not understood why—in what regards the police, the accused has said that when they came to bring her paper, they said “Oh, another truth,” so her relations with them were such that she did not feel that she could tell them this circumstance. It remains to ask why she did not tell the pubblico ministero. This is what the lawyer is asking. For what concerns the police, we have heard her position and her answer. We’re talking about the period after the 10th of November, when this conversation with the mother was recorded. In what concerns the pubblico ministero, the lawyer is asking you why you didn’t feel the necessity, like with your mother, of telling him that Patrick Lumumba, as far as you were concerned, had nothing to do with all this.
AK:  We are talking about when I was in front of the judge?
GCM:  After the 10th of November.
AK:  Frankly, I didn’t have good relations with the police after that period, nor with the pubblico ministero, because he also had suggested declarations that got written down in the declarations. I didn’t know where to turn. I felt better talking to my defense than to the police.

LG:  All right, I’ve exhausted this topic. Now, I said we were just coming to the evening when you were called in, or rather when Raffaele was called in to the Questura on Nov 5. Where did you come from? Were you having dinner somewhere? Do you remember?
AK:  We were at the apartment of a friend of his, who lived near his house, and we were having dinner with them, trying, I don’t know, to feel a bit of normality, when Raffaele was called by the police.
LG:  Okay. So you went with him in the car, and you came in and they settled you somewhere, and later you were heard.
AK:  Yes. What happened is that they weren’t expecting me to come. I went somewhere a bit outside near the elevator, and I had taken my homework with me, so I started to do my homework, and then I needed to do some “stretching”, so I did some “stretching”, and that’s when one policeman said something about my flexibility. A comment.
LG:  Okay. Then you were interrogated, let’s say interrogated, it was just for information. So you were interrogated.
AK:  Mm.
LG:  During the interrogation, there were several people in the room, did someone come who was involved in Raffaele Sollecito’s interrogation? He was being interrogated in one place, you in another.
AK:  So, there were lots and lots of people who came in and went out, and after one had come in and gone out, another policewoman told me that Raffaele said that I went out of the apartment—at least, Raffaele apparently said that I [stammering] had gone out of his house.
LG:  Okay. And the episode of the text message came later? After this person came in and said that? You don’t remember?
AK:  Yes, yes. I think it happened after they told me that.
LG:  Now what interests me is that you should be precise about the term “hit”, because being hit is something…was it a cuff on the head, two cuffs on the head? How precise can you be about this “hitting”?
AK:  So, during the interrogation, people were standing all around me, in front of me, behind me, one person was screaming at me from here, another person was shouting “No no no, maybe you just don’t remember” from over there, other people were yelling other things, and a policewoman behind me did this to me [you hear the sound of her giving two very little whacks].
LG:  Once, twice?
AK:  Twice. The first time I did this, I turned around to her, and she did it again.
LG:  I wanted to know this precise detail.
AK:  Yes.
LG:  After all that, that whole conversation, that you told us about, and you had a crying crisis, did they bring you some tea, coffee, some cakes, something? When was that exactly?
AK:  They brought me things only after I had made some declarations. So, I was there, they were all screaming at me, I only wanted to leave because I was thinking that my mother was arriving, and I said look, can I have my telephone, because I want to call my mom. They said no, and there was this big mess with them shouting at me, threatening me, and it was only after I made declarations that they started saying “No, no, don’t worry, we’ll protect you,” and that’s how it happened.
LG:  Then you stayed in the Questura?
AK:  Yes.
LG:  Then, at midday, or one o’clock, we don’t know exactly, they brought you a paper called an arrest warrant. When they served you this warrant, it must have been around twelve, one o’clock. Do you remember?
AK:  So, all papers they brought me to sign, at that point, they were all the same to me, so I can’t even say what I had to sign, arrest warrant, declarations, whatever, because at a certain point, I just wanted to sign and go home.
LG:  Right. But instead?
AK:  Instead, no. After a while they told me I had to stay in the Questura, so I had to stay, and I rolled up in a fetal position to try to sleep, on a chair, and I fell asleep, then I woke up, and I was there thinking and some people were going in and out, and during this period of time, I was telling them: “Look, I am really confused, these things don’t seem like what I remember, I remember something else.” And they said “No no no no no, you just stay quiet, you will remember it all later. So just stay quiet and wait, wait, wait, because we have to check some things.” And at that point I just didn’t understand anything. I even lost my sense of time.
LG:  And I wanted to ask you after how long they took you to prison. At some point there was a car, a police wagon that took you to prison. After how much time was that? You don’t know?
AK:  Well, I can’t say, but what I can say is that I stayed a while in the Questura, and during that time I kept trying to explain to the police that what I had said was not certain, and they took my shoes during that time and they took some pictures, they undressed me to take the pictures, and so it seemed like a long time.
LG:  So it was between this time and the time you went to prison that you wrote the memorial?
AK:  Yes. I wrote it there because, I asked to do it because I was telling them “Listen, you’re not hearing me, give me a piece of paper, and I’ll write this down in English to be sure you understand what I’m saying.” But I couldn’t really say that. I just said “Look, I’ll give you a present.” [Laughs.] It was because I wasn’t really able to speak or understand then. So I wrote that, but after I wrote the first pages, I was in the middle of writing this memorandum, they suddenly said “Hurry up, hurry up, finish because we have to take you to prison.” I stayed there like…I didn’t expect to go to prison, I thought maybe I hadn’t understood. I asked the policemen, the people who were around me, there, “But Why? I haven’t done anything.” And they said “No, it’s just bureaucracy. At least that’s what I understood.
LG:  All right Amanda, okay. Thank you. So you went to prison and spent the night. When did you write the second memorial?
AK:  So in prison I again asked for paper, because that’s how I’m used to expressing myself, the way I succeed best, also to organize my thoughts, I needed to write them down. I needed to reorganize all my thoughts, because at that point I was still confused, I still had these images in my memory that finally I understood were a mixture of real images in my memory from other days mixed with imagination. So I needed those pieces of paper, so I could take everything and put it in order.
LG:  All right, I’ve finished the subject of the night in the Questura. When you made your first declaration, it was without the pubblico ministero. Then he came. Can you tell us if there was some discussion about a lawyer? If you remember, and whatever you remember.
AK:  So, before they asked me to make further declarations—I really can’t tell you what time it was, I was lost after hours and hours of the same thing—but at one point I asked if I shouldn’t have a lawyer? I thought that, well, I didn’t know, but I’ve seen things like this on television. When people do things like this they have lawyer. They told me, at least one of them told me that it would be worse for me because it would prove that I didn’t want to collaborate with the police. So they told me no.

Amanda Knox’s first letter of Nov 9, 2007

This letter was entered in testimony by Knox’s lawyers on the first day. It was written by Knox to her lawyers around noon on Friday, Nov., 9, three days after her arrest and one day after the Matteini Hearing. Words that are missing from the scan are shown in square brackets.

Presumably intended to help Knox, it has now become part of her problem.

Per I Miei Avvocati

- Amanda Knox (Friday, Nov. 9, 2007)

Buon giorno Signore Ghirga e Signore Vedova. I’m sorry, but I must write in english to make sure I express myself [cl]early. Please excuse my handicap. I trust you are well, though probably very busy with my case and for this I thank you. What [I] want to provide for you now is help, because I know my position [is] a little confusing. I want to write for you everything I know as best I can and I especially want to tell you about this so-called “confession” that the police received from me. I want to begin with this “confession” because I know it is the most confusing, and so I will begin with that night.

The night of Monday, November 5th, 2007, and the following early morning of Tuesday, November 6th, 2007, was one of the worst experiences of my life, perhaps the worst. Around 10:30pm or 11pm Raffaele and I arrived at the police station after eating dinner at the apartment of one of Raffaele’s friends. It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times. When we arrived he was taken inside and I waited by the elevator and looked through my books while I waited. Not long aftwerward one of the police came and sat by me, wanting to talk with me, supposedly to pass the time. He didn’t tell me he was a police officer. In fact, he said I could tell him whatever I wanted because it wouldn’t matter. At the time I was frustrated and told him so. I thought it was ridiculaous that the police called us in at ridiculous hours of the night and kept us at the police station for hours on end with only vending maschine [sic] food to sustain us, especially since we [wer]e all doing our best to help the police. I had been asked twice to reenter the home of my neighbors and mine, first to witness the blood in the neighbors’ apartment and then to look through [k]nives in mine. I really feared the place. Inside my own home I broke down crying because I couldn’t stand to be inside. These were the reasons for my frustration and I told him so.

He then wanted to discuss who I thought the murderer could be, but as I had already told them before, since I wasn’t there at my home, I couldn’t have any idea, but [deleted words] he wasn’t satisfied with my answer. Who did I think it was? How would I know? I didn’t know anyone dangerous. Soon I was joined by other police people who only wanted to “talk” but who interrogated me again with the same questions. What males had ever been in my house? Who knew Meredith? Did I have any phone numbers? I gave them all the information I could. Names, phone numbers, descriptions. But it was all giving me a headache. I had already answered these questions before and I was confused as to why the police wanted so much to talk to me. Why me? Why did they keep asking me who I thought the murderer was when I already told them I had no idea?

And then they brought me inside, because it was “warmer”. I [asked] where Raffaele was and they told me he would be done soon [but] in the meantime they wanted to talk to me. The interrogation process started rather quickley [sic]. One minute I was just [tal?]king and the next they were asking me where I was between [?]:30pm and 1:30am between November [1st] and 2nd. I told them I was with my boyfriend, like I had already said. They asked me what I had done during this time period and I found that I couldn’t remember a lot. I told them [we] watched the movie Amelie together, that we ate dinner [tog]ether, that after dinner Raffaele washed the dishes and spilled water on the floor when the pipes came loose. I told them that [we] smoked hash somewhere in that time but I couldn’t remember [mo]re. They told me I was lying. They told me they knew I had [not] been with Raffaele. They told me they knew I met someone that night. They told me they had proof I was at my house that night. This really confused me. I told them I wasn’t lying and [the]y began to get angry. Stop telling lies, they told me. We know [you] were there! But this didn’t make sense. I was frightened, because I couldn’t for the life of me remember what I did during the time [the]y were asking me. What were you doing?! Where did you go?! We [kno]w you were at your house!! Who did you meet?! But this all [did]n’t make any sense. How could they have proof that I was at my [hou]se when I wasn’t? Why did they think these things? Why me? They told me Raffaele had finally told the truth and that he had no [rea]son to lie. They told me that they knew I had told Raffaele to [lie?] and I told them this wasn’t true. I had never told him any [suc]h thing. We talked about the message I received from Patrik [and] I told them yes, I received a message from Patrik, he told me [not] to go into work that night because there was no one there. I [did]n’t remember if I had sent a message back, so I said no, but they [had] taken my phone and showed me the message I forgot I sent: [ending?] with the words, “Ci vediamo. Buona serata.” They called me a [stu]pid lier. They said I was protecting someone, who was it?! [The]y stuck pieces of paper in front of me, to write down the name [of] the murder, but I didn’t know. And I still couldn’t remember [wha]t me and Raffaele had been doing at his house. I had nothing to [say?] to answer their questions and it was terrifying me. Why couldn’t [I r]emember. The interpretor told me that one time she experienced [a ho]rrible car accident and couldn’t remember what had happened [unt]il a year later. She told me perhaps I had seen something [horr]ible and I couldn’t remember. Since I couldn’t remember [wha]t I had been doing at Raffaele’s house I started to think what [...?] was true? What if I had seen something and I didn’t [rem]ember? But it didn’t make sense. I remembered being [at] Raffaele’s the whole night. But in the meantime the police were [...?] or they were going to put me in jail for [...?] [p]rotecting the killer. They told me they had already caught the killer [a]nd they just wanted me to say his name, but I knew nothing. My [m]ind was a blank slate. Now, now, now!!! They were yelling at me. One [p]olice officer hit me on the back of my head twice. My head was [s]earching for any answer. I was really confused. I thought I was at my boyfriend’s house, but what if it wasn’t true? What if I couldn’t remember? I tried and tried and tried, but I couldn’t remember anything until all of the police officers left the room except one. He [to]ld me he was the only one who could save me from spending the [n]ext 30 years in jail and I told him I couldn’t remember. I asked to see the message on my phone to see if I remembered sending that [an]d when I saw the message my mind thought of Patrik. It was all I could think of, Patrik. I imagined meeting him by the basketball [cou]rts, I imagined him in front of my house, I imagined covering my ears to stop the sound of Meredith’s screaming, and so I said [Pa]trik. I said Patrik and I regret every second of it because now I [k]now that what I have said has done someone harm that I have no idea whether he was involved or not.

After I said his name I was hysterical. I was weeping, [s]cared of what could have happened to me. I honestly thought [t]his could have been the answer. I was so confused. They told me that they had to write all of this down but I told them I wasn’t [s]ure. So they told me just to say what I had said, that I had seen [Pat]rik. That I had heard Meredith screaming. I told them I was [c]onfused, unsure, but they weren’t interested. While they were writing my so-called “confession”, which the didn’t call it [t]o me, they asked me to say if it was okay to write certain things. I [d]dn’t explain, but just said yes or no according to what these [im]ages of Patrik were showing me, but I always told them I wasn’t [su]re, these things didn’t seem real. They asked me why he had done [thi]s and I didn’t know why. Why would anyone kill another person? [I] told them he must be crazy. They asked me if I feared him and I [sa]id yes. I was so confused and the idea that he would kill someone [fr]ightened me. But I had never been frightened of him before, he has [al]ways been kind to me. After all of this I was allowed to sleep, [fi]nally. The whole thing was going through my head and I felt [aw]ful, to even think I could have been involved. But the more [confu]sed I became, the more sure I was that these ideas about Patrik [w]eren’t true, but I still couldn’t remember what I had been [do]ing at my boyfriend’s house after dinner.

I seriously started to doubt when the police told me what my boyfriend had said. (1) First, that when I received the message from [Pat]rik, that I had told him I had to leave to go to work. This I [k]new, even then, wasn’t true. I remembered and still do specifically [th]at I had told him I _didn’t_ have to work and I kissed him and [...]

[...] said, “Yay!” (2) I also never told him to lie for me. Why would he lie? Could he have lied about me not being there too? I was especially troubled by this because even though I had thought of Patrik, I still remembered being at Raffaele’s house. I told the police of my doubts but they said not to worry, little by little, I would remember. So I waited.

I tried writing what I could remember for the police, because I’ve always been better at thinking when I was writing. They gave me time to do this. In this message I wrote about my doubts, my questions, and what I knew to be true.

[Deleted words] During this time I was checked out by medics [and?] had my picture taken as well as more copies of my fingerprints. They took my shoes and my phone. I wanted to go home but they told me to wait and then eventually that I was to be arrested. Then I was taken here, to the prison, in the last car of three who carried Patrik, then Raffaele, and then me to prison.

I hope this clears up some confusion for you and I’m sorry again that it is in English. I hope you are in contact with my mother and if you are, could you please tell her I love her, that I miss her, that I’m okay, and that I hope to see her soon.

I also just received the order of arrest and it says I must remain here in prison for one year. I’m assuming this means only if they can prove I did it or not. So I’m not sad, I just have to wait until they prove I’m not guilty, and that I wasn’t there.

I want to write another message for you which describes my version of events that at this time I remember very well. This I will do on a different piece of paper and a little later because I’m very tired.

Good luck and thanks,
Amanda Knox
quasi mezzogiorno
Venerdi, Novembre 9, 2007


Part 2 (Day Two) in our next post.


Saturday, July 25, 2015

Why The Count Of Discredited Prosecution Witnesses Even Now Remains Down Around Zero

Posted by James Raper



As with all images on TJMK this image above will expand if clicked on


Just sifting through the latest drivel on Injustice in Perugia today and I came across this statement from one of their main posters.

“It was physically impossible for Capezalli to have heard any sounds from Meredith’s residence”.

Note : not that she was mistaken or that her evidence was unreliable but the bald statement that it was physically impossible for her to have heard anything.

Was she profoundly deaf then? If not, then why this assertion? Without some basis for this assertion then it is simply a dismissive slur on the credibility of the witness.

This happens to be the same poster who wowed that board with his claim that the Prosecution suppressed exculpatory evidence that would have cleared Knox and Sollecito.

Not that he supplied any proof. How could he?

It is axiomatic, of course, that if there was suppressed evidence then what it was would not be known. Nevertheless it was a ready springboard for calls from mindless idiots to have the Prosecution fully investigated and charged with perverting the course of justice!

Anyway, to move on, the purpose of this post is just to revisit (with pictorial assistance) Capezalli’s testimony (I shall call her Nara from now on) and see if there is even a scintilla of justification for the claim.

Now to be fair, Nara did say in her evidence that she had double glazing and maybe that is what he is referring to although for the life of me I don’t see why that would make it impossible for her to hear a scream outside.

But it’s worth investigating because it’s the sort of thing that does get repeated without further analysis and I have read others taking that remark at face value and doubting whether she did hear a scream and, perhaps more credibly, whether she would have heard the sound of someone running on the gravel of the cottage forecourt and up the metal steps from the car park.

Here is what she said -

“What happens is that getting up I’m going past the window of the dining room, because the bathroom is on that side, and as I am there I heard a scream, but a scream that wasn’t a normal scream. [A terrifying and agonising long scream as she describes it elsewhere] I got goose bumps to be truthful. At that moment I no longer knew what was happening, and then I went on to the bathroom. There is a little window with no shutters, none at all.”

Mignini then asks -

Q—Well, you go by the window and you hear this cry?
Ans – Yes.
Q – Then you continue to go towards the bathroom, you told me?
Ans – Yes.
Q – Do you open the bathroom window?
Ans – No.
Q – Explain what happened for us.
Ans – I haven’t any shutters on that window, I only have double-glazing so I can look straight out
Q – So you looked out of the bathroom window?
Ans– I didn’t open up because I had all the little succulent plants there for the light.

A little late in her testimony Mignini seeks to clarify her evidence -

Q– So you hear the scream, go to the bathroom, look out the window and you don’t see anything?
Ans – No.
Q – Then you go back to the bedroom?
Ans – Yes.
Q – When is it that you hear the noises you described, and then we will see what they are?
Ans – I hear the noises I described when I was closing the bathroom door, then I heard running, because that steel there [the metal stairs] makes a tremendous noise at night, then when you don’t hear cars going by or such like, I looked out but there was nobody there.
Q – From which way?
Ans – To the left and the right, and there was nobody there.
Q – Then you heard the scuffling?
Ans – The same, in the meantime I heard running on the stairs, from the other direction they were running in the driveway.

Much later Nara is helpfully (perhaps) cross examined by Dalla Vedova on her remark that she has double glazing, as follows -

CDV - How are your windows made?
Ans -  My windows are made of wood. They have double glazing and they have a shutter.
CDV - When you say “they have double glazing” do you mean that every single window has two panes, or are there two windows, one in front of the other?
Ans -  No, two panes in each side and opening in the middle.

Confused? What is she really describing?

Many moons ago Kermit put together a very helpful Powerpoint lambasting the behaviour and claims of Paul Ciolino, the American PI who appeared on CBS rubbishing the suggestion that Nara would have been able to hear anything. It is obviously Ciolino’s disreputable work that is the basis for the claim.

I am going to lift some stills from Kermit’s excellent Powerpoint and add to them some more from a (somewhat infamous) Channel 5 documentary, from which it will be clear that

(a) Nara doesn’t have double glazing, nor shutters, at least not at the back of her property overlooking the cottage. However there are shutters at the front and, for all I know, double glazing there but that is not of concern to us.

(b)  There is little reason to doubt that she would have been able to hear sounds outside quite well.

Let’s start.

Here’s a picture of the back of Nara’s property immediately above the car park.






Here it is again in relation to the cottage






In the first picture Nara’s first floor flat is shown circled. In the second, it is obvious that only the roof of the cottage would be visible from the first floor, as indeed she said in her testimony.

There are two further floors above. The top floor is the one to which Ciolino (and Pater Van Sant) gained access, having tried but failed to interest Nara. Nara in her evidence said that there was an apartment above which she rented out and I suspect that this was the top floor. The top floor undoubtedly had double glazing or double casements.

Below is one of the top floor windows. (We can see Ciolino’s reflection in the glass)






And here he is, standing in front of the same window whilst conducting his experiment with a couple of kids running along the road outside -






As we shall see it really was quite pointless conducting off-the-cuff sound experiments from there with the double casement shut tight

Nara said that her daughter also lived in the building so either the second floor was a separate conversion for her daughter or first and second were shared and the second was where their bedrooms were. That’s actually immaterial as it is the first floor that really interests us.

Here is a close up of the first floor. We can be sure because we can see Nara and the co-presenters of the Channel 5 documentary standing on the balcony.






We can see how large the windows are on either side of the balcony. As to the window on the right it is also apparent that this has been blocked up save as to four panes in the middle so that now there is only that smaller window there.

Let us now look at that window from the inside.






“One went up, one went over there” is Nara explaining to the Italian TV reporter the sounds she heard.

Clearly then she is standing inside her bathroom and the bathroom window looks over the car park. Indeed we can see her succulent plants on the inside window ledge as she stated in her evidence. Also, if we look closely, we can see that her wall is tiled or wall-papered with a tile design befitting a bathroom. Probably that wall is also made of little more than plasterboard.

One thing is quite certain though and that is that the window, which opens in the middle, is not double glazed.

Nara’s understanding however seems to be rather different. To her “double glazing” is (as she said to Dalla Vedova) “two panes in each side and opening in the middle”.

We can also infer that the large window to the left of the balcony belongs to her dining room. What she said, in effect, was that she was traversing the first floor (from left to right) from her dining room to her bathroom (being both on the same side, as she says). She heard the scream in her dining room.

The window there does not appear to be blocked off as it is to the right. Indeed I think we can see full length drapes or net curtains but certainly one would expect a larger window there and again, clearly, it is not double glazed.

So again, why would it be physically impossible for her to have heard a sound, particularly a scream, coming from the cottage?

It couldn’t be because it was too far away. We can see that from the pictures but also here is a handy GoogleMap calculation of the distance from her place to the far side of the cottage.






So that’s, say, 45 metres. Or 49 yards. Not far at all. Thanks to Yummi for bringing that up on pmf.org.

We should also remember that it was the 1st November which is a religious holiday in Italy in remembrance of the dead and therefore background noise was quieter than usual. It was also probably sometime around 11pm and the back of Nara’s property looks out on what is a natural amphitheatre in which noise will echo.

Nara Capezalli in fact came across as a compelling witness to what she heard that night and there is no way at all that it was physically impossible for her not to have heard that scream. Nor the metal stairs (“..makes a tremendous noise at night”….) just off to the right of her property and immediately below it.

On a personal note I was recently driven nuts by a manhole cover that had come loose in the road outside my bedroom window. Cars constantly drove over it and the noise kept me awake. The top floor of the car park would probably also act like a sounding board and the noise made by the stairs may also have come up through the stairwell we see immediately in front of her property. I am not so sure about the sound of gravel on the cottage forecourt being crunched underneath but already I am more than prepared to believe Nara on that score as well. Why not?

Finally, as we await the Cassation Motivation (whenever!) I seem to remember that at least one appeal point was the failure of the lower courts to accede to a defence request for audio tests to be conducted from Nara’s property.

Bearing in mind that Judge Marasca reportedly has stated that the ground for overturning the Nencini convictions was insufficient and contradictory evidence one wonders whether Cassation will say that a test was required, in the absence of which Nara’s testimony can be thrown into a pot along with other evidence somehow deemed “insufficient”?

If they do then watch out for them getting the double glazing issue quite wrong as well.


Wednesday, May 13, 2015

Updates: Sollecito’s Trial For Vilipendio And Diffamazione, Knox’s Trial For Calunnia #2

Posted by Peter Quennell





Knox and Sollecito have each been indicted in Florence BY PROSECUTORS on charges that bear no resemblance to UK or US slander or libel cases.

They are each essentially charged for lying to poison public opinion against officials, and Sollecito against the system, to try to win themselves illegal breaks at their murder trial and appeals. Knox in court in 2009, and Sollecito in his book in 2012.

The weekly magazine Oggi is also on trial for jubilantly publishing some of Knox’s numerous lies. 

Yesterday in a Florence court a new court translation of the passages from Sollecito’s book fully quoted here were accepted by the presiding judge. They differed little if at all from what the prosecutor filed last year and brought the defenses no joy. Right now both the defenses seem stuck.

And on June 9th the calunnia trial against Knox will start in a Florence court. It would be smart for her to be there, as Sollecito usually is. As mentioned above, Knox is already indicted.

It is not clear who her lawyers will be. Sollecito had to field a new team. Ghirga and Dalla Vedova both helped Knox with her defamatory book and with her defamatory email to Judge Nencini in December 2013 in which Knox ludicrously claimed she had been tortured (for the mundane truth read here) and like Bongiorno and Maori they could feel they have conflicts here.

On June 16 Dr Mignini will testify in the Oggi trial in Bergamo north-east of Milan where Oggi is based against the editor Umberto Brindani and the reporter Giangavino Sulas for publishing illegal claims made in Knox’s 2013 book.

At that hearing Knox’s book may finally become the subject of charges on the same lines as Sollecito’s book. Italian legal opinion is not supportive of the pair or the sleazy moves that led to Cassation giving them a break

That break looks increasingly temporary now. Sollecito could face big fines and Knox could face up to six years. Brighter bulbs would have realized it is best not to confront Italian courts.


Thursday, April 23, 2015

The Knox Interrogation Hoax #18: The Final Pre-Trial Opportunities Which Knox Flunked

Posted by The TJMK Main Posters



Image of Judge Micheli who presided over the hearings that remanded Knox to trial.

1. Overview Of The Interrogation Hoax Series

In Post #1 there’s a long summary of what various courts concluded in sentencing Knox for calunnia to three years. 

All 17 posts prior to this one are linked-to there. The first twelve posts cover the key parts of the trial testimony and evidence from investigators for the events at Perugia’s central police station on 5-6 November 2007.

The next six including this show how Knox failed to convince numerous magistrates at many hearings that she was ever interrogated or abused or made to lie. For the most part in fact she did not even try. 

2. The Six Pre-Trial Opportunities Which Knox Flunked

The previous five posts and this one cover the six hearings from late 2007 to late 2008, any one of which was a big opportunity for Knox. She could have been released if the evidence was weaker and the arguments of herself and her legal team stronger.

Knox blew all six opportunities. The judges were Claudia Matteini, Massimo Ricciarelli and two others, Torquato Gemelli and four others, and Paolo Micheli (this post). A total of 10 judges, and Dr Mignini. After the first two, one of Knox’s lawyers walked off the job.

Those ignorant of the reports of these hearings (all but one newly translated for this series with the Micheli to come) often demonize the prosecutor, Dr Mignini, as somehow taking a harder line than all those judges.

Really?

Read all of the reports and in fact every one of those judges took a harder line than Dr Mignini who worked very hard to be fair. His early version of the attack on Meredith was of an almost accidental death with sexual humiliation in the course of a hazing.

This went out the window, and all of the judges without exception adopted a harder position - that Knox’s anger had spiraled over Meredith’s difficulties with her, and a barbaric 15-minute torture-attack resulted in Meredith’s death which may have been premeditated in a timespan between minutes and days.

Judge Matteini, Judge Ricciarelli, and Judge Micheli (see below) all flat-out warned that they considered RS and AK to be dangerous to others and that they needed to be kept locked up pending trial.  Judge Gemmelli and other Supreme Court judges endorsed this.

Typically Knox was constrained by her lawyers to say little or nothing.

They were already wrestling to try to wind back the three problematic statements she demanded to make on 5-6 November - mainly by changing the subject and aggressively attacking Guede. 

She was allowed to be questioned by Judge Ricciarelli and she herself volunteered to be questioned by Dr Mignini three times, but her performances were shaky and erratic and once she seemed to break down in tears.

There was little or no hint of the inflammatory claims which cost her three years which Knox came up with when she had to take the stand mid-2009 to try to defend her framing of Lumumba.

3. Micheli Hearings September and October 2008

This Sky News report describes how prior to the Micheli hearings Knox’s lawyers seemed pretty desperate to change the subject.

Valter Biscotti and Nicodemo Gentile said they wanted Guede’s trial to be separate from that of Knox and Sollecito because they feared a pact against their client. Mr Biscotti added: “We feel the urgent need to have our trial heard independently of the other two suspects.

In recent weeks a lot of poison has been spread by the defence teams and we feel the necessity to find some form of serenity in a separate hearing.  That’s why we have asked for a fast-track hearing just for our client and we want that hearing as quickly as possible.  At this hearing we will prove that our client has absolutely nothing to do with the tragic death of Meredith Kercher.”

On 16 Sept 2008 Judge Micheli accepted the Guede team’s request for a fast-track trial and as the rules require moved all of the hearings behind closed doors.

A fast-track proceeding is closed to the public, unlike a full trial. It will be held before the same judge, who is expected to issue the verdict at the time he decides whether to indict Knox and Sollecito. The rulings are expected next month.

Judge Micheli had mountains of investigative reports and physical evidence to plow through. He heard witnesses in four hearings (with Meredith’s family present at several) on the DNA collection, on the character of Rudy Guede, and also on the three defendants acting menacing outside their house, which he heavily discounted.

Late on 28 October Judge Micheli issued a 17-page ruling which includes almost no mention of Knox implicating Patrick. He convicted Guede of murder and sexual assault, and sentenced him to 30 years. He also ordered Knox and Sollecito to stand trial on charges of murder and sexual assault.

As the UK Guardian and many other media reported, Judge Micheli assessed Knox and Sollecito as being dangerous. 

The suspected killers of Meredith Kercher were refused transfer from jail to house arrest last night while awaiting trial for her murder, because of the danger that they might flee and kill again.

After 12 hours’ deliberation in Perugia, the judge, Paolo Micheli, said there was a “concrete possibility” that Amanda Knox and her boyfriend Raffaele Sollecito would run off if freed from prison.

In a written ruling to lawyers, he said he believed the murder of the British student was not premeditated, but the likely “absolute disregard” shown by Knox and Sollecito for the victim’s life meant they would be capable of murdering again….

Turning down their request for house arrest yesterday, Micheli agreed with prosecutors that more than one person took part in the sexual assault and murder, dismissing claims that the 47 bruises and knife wounds on Kercher’s body could have been made by a single attacker.

He upheld the testimony of a neighbour who heard more than one person fleeing Kercher’s house, adding that while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.

He stood by forensic evidence indicating Kercher’s and Knox’s DNA on a knife found at Sollecito’s house which investigators suspect is the murder weapon, and ruled Sollecito’s DNA on Kercher’s bra strap as reliable evidence.

On 30 October Judge Micheli was interviewed. No sign in this that any claim of unfairness to Knox was on his radar.

4. Apparent False Claim Of A Statement By Knox

Bearing in mind that these hearings were all behind closed doors, none of the Italian and English-language media reports including those of the New York Times make any mention at all of Knox testifying or answering questions. Nor do the books of Sollecito or John Follain.  We are still checking with Italy to make sure.

To jump the gun on the series a bit, a probable non-statement by Knox morphed in Knox’s 2013 book into this heated claim below, which we have already been told, based on court transcripts and Judge Micheli’s immediate 17 page report, was definitely not what was said, if anything, in court.

On October 28, the final day, I got to speak for myself. Since the judge understood English, I stood up without my interpreter and tried to explain what had happened during my interrogation. I told the judge that I hadn’t meant to name Patrick or to cause confusion but that the interrogation had been the most brutish, terrifying experience of my life. I’d been exhausted to begin with, and I had gotten so scared and confused that it was as though I went out of my mind. My interrogators told me that they had evidence I’d been at the villa, that Raffaele was no longer vouching for my whereabouts that night, that I had been through such a horrible trauma, I had amnesia. “I believed them! I’m innocent!” I cried.

Posts #1 to #12 have shown that Knox experienced no “brutish, terrifying experience”. Trauma was inflicted only by Sollecito and then by Knox on herself. With high confidence, we can conclude that as so often in her book Knox was simply making this up. So much for Linda Kulman’s fact checking.

5. The Micheli Sentencing Report Of January 2009

Finally three months later Judge Micheli issued a sentencing report of about 100 pages. While it has still not been fully translated we did summarise it in four posts here.

In the Italian original (which is equally firm to harsh on all three defendants) it is quite graphic about what the physical evidence says of the callous role of Knox and Sollecito in the torture-attack.

Judge Micheli does note how often Knox and Sollecito help to destroy one another’s stories which numerous witnesses confirmed helped to spark Knox’s conniption and framing of Patrick.

There is no mention at all of Knox taking exception to her “interrogation”.


Friday, April 10, 2015

Those Pesky Certainties Cassation’s Fifth Chambers May Or May Not Convincingly Contend With #1

Posted by Cardiol MD



The Italian Supreme Court is in the background

1. How Overload Can Overwhelm The Checks And Balances

The Italian Supreme Court (SCC) has 396 Judges in Rome and elsewhere.

Because of the enormous pro-defendant tilt in the system, the SCC hears about 80,000 appeals a year - more than all other Supreme Courts in the rest of Europe combined.

The SCC operates in panels, typically of 5 justices; that scales to about 4 appeals/panel/workweek, or about 1 appeal/panel/workday. A huge workload impinging on carefulness and promoting distraction and exhaustion.

Even with a law-clerk infrastructure, and the most ingenious exploitation of human concentrated-attention-span, highly questionable outcomes such as that for Meredith’s case would seem inevitable.

The four SCC judges panels (2008, 2010, 2013, 2015) which have ruled on various issues arising as Meredith’s murder case inched its way through the Italian legal system have been composed of different judge-combinations, with different skills, different knowledge, different education, and different experiences.

In many cases high-tech issues are an integral part of the evidence before the courts. This requires the enlistment of expert opinions because the judges may not be versant in the relevant high-tech issues. All sides, the defence, the prosecution, other interested parties, and even the judges, can cherry-pick experts for hire, who often use brazen sophistry to persuade the judges in the experts’ favour.

These facts may help to explain if not justify the unexpected conclusion of this current SCC judges panel which is now drafting the Motivazione.

2. Circumstantial Evidence And The Italian Requirement For Certainty

Near the start of the 2015 SCC hearings Judge Bruno, one of the 5 members of the Marasca SCC-Panel, was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”

As we await this particular Motivazione intended to explain its decision, we will review the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings to establish what do constitute the certainties - of which in fact as Italian law defines them there is actually a large number.

In order to be classified as Circumstantial Evidence in Italian Law an evidentiary circumstance or fact must be true to the level of being a certainty. Note that this rule does not supersede BARD, it applies only to the the acceptance of individual items of evidence as circumstantial, so it can mislead and confuse authors and readers.

As will be noted below, under this Italian requirement the unverifiable RS/AK broken water-pipe story can not be classified as pro-defense Circumstantial Evidence. Therefore it cannot legally be argued as corroboration of the excuses of Knox & Sollecito, including their mop claims.

Sollecito’s father, Dr. Francesco Sollecito, did say that RS had mentioned the alleged-leak of Nov. 1st, 2007, in the father’s 221 seconds, 20:42:56 call of Nov.1st, 2007.  Hellmann/Zanetti bought into this story, discussing it in their Motivazione.

AK is quoted by Nencini as referring to the alleged-leak in her testimony, but neither Galati nor the 2013 Hellmann/Zanetti-annulling SCC panel mentioned the alleged-leak. All seemed aware that there was no certainty.

3. An Explanation Of Why This Will Matter So Much In Future

In 2013 the SCC itself annulled most of the Hellmann-Zanetti verdict in part because there was an obvious parceling-out of the pieces of circumstantial evidence and a lack of assessment of each piece of circumstantial evidence. Hellmann-Zanetti had failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be resolved by cross-checking them and taking in account the whole.

Have the SCC judges themselves now made this same mistake? It is especially at this level that informed legal analysis in Italy of the pending SCC Motivazione will concentrate, future books on the case will concentrate, and the final degree of legitimacy will be established.

Given the peculiarity that the case was not referred back down to Florence for adjustment, worries at this level especially could be driving the very obvious nervousness of all of the defense counsels, shushing and restraining their clients in the presumed hope that the SCC judges really can square the circle and achieve legitimacy.

4. Certainties And Certainly-Nots In The Circumstantial Evidence

1. Fracture Of Hyoid Bone?

The SCC-Panel for Guede’s Sentencing (English Translation) wrote on Pages 4-5:

c) The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding from the vessels of both lungs.

This caused a haemorrhagic shock and asphyxiation by the presence of blood in the respiratory passages, an exitus [decease] placed at around 23:00 of Nov. 1 by the forensic pathologist.

The emphases are mine. The knife cut through the hyoid bone rather than fractured it (in the English version it should say that it severed the hyoid bone; this is a translation issue). A Certainly-Not then.

The wound certainly did not cause any bleeding at all from the vessels of either lung; this is not a translation issue. This is a factual error in the original Italian Sentencing Report. A Certainly-Not then.

(This shows how the SCC-Panel Reports are not infallible. Unfortunately the Marasca Panel will have to dredge-up some past, fallible SCC-Panel Reports in order to explain its own reasoning.)

2. Two Knives?

Massei Translation p377: “There must necessarily have been [405] two knives at the scene of the crime.”

Certainly! There were 2 major, penetrating knife-wounds into Meredith’s neck; one entering on the left-side, and one entering on the right-side, which was made by a pocket-knife of the size Sollecito customarily carried. The latter wound could not have been made by whatever knife entered on the left-side. Therefore 2 knives were Certainly used.

3. Single Blow?

Massei Translation p 371 ”…a single blow was apparently halted by the jawbone…”

Certainly Not.

The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted”, “did not…. have elements of certainty to establish” it was “stopped by the jawbone.” Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”

Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “near” the jawbone. Skin is soft and bone is harder but there is no way that the knife striking the jawbone or hyoid bone would halt the knife in this case, they would just roll with the blow, depending on the angle of attack.

Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife. When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.

If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action. Any implication in the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade, is a mistaken implication.

It is an old rule of materials-physics that a softer substance cannot mark a harder substance. [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would certainly not show signs of damage caused by the stabbing in this case.]

4. SMS Message?

It is Certain that at 20:18:12 on Nov.1st, 2007 Amanda Knox’s mobile-phone received the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the ‚Le Chic? pub on the evening of 1 November.

Remember that mobile-phones are equivalent to convicts’ ankle-monitor bracelets, their use creates with Certainty a record of the Times of cell-phone activities, the Location of the corresponding transmitter-cell, and hence the general location of the mobile-phone, especially Ruling-Out particular Locations e.g. Proving whether the carrier of the phone was in or out of the range of their home transmitter-cell. Call Verbal-Content is not publicly available.

Here the mobile-phone Record proves that Knox’s mobile-phone was Certainly-Not in Sollecito’s lodging-house at 20:18:12 on Nov.1st, 2007:

At the time of reception, Knox’s phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. Amanda Knox’s mobile phone, and therefore Knox herself, was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell.

This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub.

Knox was therefore Certainly Not at Sollecito’s Corso Garibaldi Lodging at that time, contrary to the allegation that she was, and Knox Certainly-Could have been at her Cottage.

5. SMS Reply?

At 20.35.48 on Nov.1st, 2007, Amanda Knox Certainly sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when her on Nov.1st, 2007 mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7 - no other [use] was shown for the day of 1.11.07, noting that Amanda declared during hearings that she had switched her mobile phone off once she had returned 323 to Raffaele’s house, claiming she was more than happy she did not have to go to work and could spend the evening with her boyfriend.

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

6. Bomb Threat?

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

This call was Certainly received, the Police Certainly came to Mrs. Lana’s home, presumably not long after 10: pm on the evening of November 1, 2007 (Time & Duration of Police presence apparently not publicly-available).

The Courts must know those times accurately and precisely; reasonably assuming them to be after Meredith’s murder, and near the time of the Phone-Dump (Otherwise, the necessary combination of coincidences is too implausible).

It is most likely that the visible, and possibly audible, presence of Police triggered the panicked disposal of the Cell-Phones down the steep slope that falls sharply into the valley below.

There is no need to invoke any awareness by the phone-dumper[s] of the reason(the hoax-call) that the Police were near Mrs. Lana’s residence.

So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off).

According to John Follain the slope is heavily overgrown with trees and bushes, an ideal place to dispose of evidence. If the phones had fallen just a few yards further, they would certainly have gone over the edge of the cliff, down into a 50m gully, straight into a thick scrub of nettles, and probably been lost forever….

7. Phone Dialings?

There were four dialings on Meredith’s mobile phones after her arrival home on the evening of 1 November ‘07:

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

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

  iii. 22:00 hours on 1 November 07, dial to Meredith’s London bank ‘ABBEY’.

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

These dialings are Certain with regard to Existence, Timings, and Location.

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

8. Phone Location?

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

9. A Tow Truck?

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

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

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

These events Certainly occurred, but those times are approximate.

10. Francesco Called?

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

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

These phone calls are Certain wrt Existence, Timings, and Locations.

11. Phone Location?

For 2.11.07 the first record is that of MKP - [0]0:10: 31, (i.e. Very early in the a.m. 10 minutes and 31 seconds after midnight) “when it has been established as an incontrovertible fact that Meredith’s English mobile phone was no longer in Via della Pergola, the mobile phone having received the contact under the coverage from Wind signal [cell] ..25622, which is incompatible with the cottage.”

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

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

12. Phones Stolen?

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

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

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

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

See item 6. above.

13. Crimescene Meddling?

Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was ‘an inside job’, and simulating the appearances that it was ‘an outside job’.

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

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

They wish it had never happened.

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

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

They cannot prevent the discovery of Meredith’s murder.

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

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

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

It is beyond reasonable doubt that:

Meredith’s killers seized her mobile telephones, and that

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

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

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

Amanda Knox caused:

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

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

    iii. the English phone to ring again, also very briefly, at 12:11:54 (4 seconds), after being brought into Mrs.Lana’s house. 6. Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.

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

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

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

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

14. Phone Switched On?

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

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

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

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

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

Three more phone-calls Certain wrt Existence, Timings, and Locations.

15. Francesco SMS Received?

At 06:02:59 Raffaele Sollecito received the SMS from his father allegedly wishing Raffaelle a good night; from the evidence of the mobile phone record printouts of Dr. Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07

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

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

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

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

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

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

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

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

16. Francesco Calls Received?

At 09:29 another call was received lasting 38 seconds

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

These two calls, Certain wrt Existence, Timings, and Locations, were probably spent dotting ‘i’s, crossing ‘t’s, and exchanging options, such as enlisting sister Vanessa’s skills and contacts.

17. More Calls Later?

Another 2+ Hours later:

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

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

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

AK/RS have accepted that they have to ‘stand-pat’ with their efforts so-far to accomplish not-to-be-the-“discoverers”-of-Meredith’s-body.

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

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

18. Yet More Calls?

For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following 5 calls, Certain wrt Existence, Timings, and Locations:

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

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

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

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

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

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

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

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

At 12:47:23 (duration of 88 seconds): Amanda calls the American (USA) number 00120069326457, using the cell on Piazza Lupatetlli sector 7; the phone call takes place prior to the one which, at 12.51.40, Raffaele Sollecito will make to ‚112?, connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 1, which gives coverage to Via della Pergola 7]

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

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

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

20. More Phone Locations?

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

At 12:51:40 Raffaele Sollecito called ‚112? to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)

At 12:54: a second call by Raffaele to ‚112? (57 sec.; connection to Piazza Lupattelli sector 7 cell)

Three more Sollecito calls Certain wrt Existence, Timings, and Locations.

21. More Phone Locations?

At 13:17:10 (lasting 1 second) to Meredith’s phone: the cell used was located in the same place, sector 7

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

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

Three more Knox calls Certain wrt Existence, Timings, and Locations.

22. Another Phone Location?

At 13:40:12: incoming call from his father to RS (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)

Another Sollecito call Certain wrt Existence, Timings, and Locations.

23. More Knox Calls?

At 13:48:33 (1 second): this is an attempted call to AK’s mother’s number

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

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

Two more Knox calls Certain wrt Existence, Timings, and Locations.

24. Francesco Call?

14:33: Sollecito’s father called Sollecito for 21 seconds (as above)]

Do RS and father exchange more caveats in their call Certain wrt Existence, Timings, and Locations?

25. More Knox Locations?

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

Call to Meredith’s phone at 15:13:43 (5 seconds) cell not indicated.

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

Two more Knox-related calls Certain wrt Existence, Timings, and Locations.

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

Massei Translation p.324:

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

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

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

26. Sollecito Locations?

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

At 17:42: RS’s father called RS for 97 seconds (as above).

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

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

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


This series continues here.


Wednesday, March 11, 2015

Precise Reasons For Arrests Of Sollecito, Lumumba And Knox On 6 Nov 2007

Posted by The TJMK Main Posters



From the east. Foreground, Perugia’s main courts, background judges & prosecutors’ offices

1. The Warrant For Three Arrests

This key document has now been obtained and translated and included in the Wiki casefile. Some context is offered in Part 2.

The arrest warrant was drafted and signed by Dr Mignini. He did so in the prosecutors’ offices in Perugia’s central courthouse (image at top) at 8:40 am.

Note that, critically, it includes reference to Knox’s spontaneous chatter and her knowledge of the dynamics of the crime.

PUBLIC PROSECUTOR’S OFFICE, COURT OF PERUGIA

N. 19738/07 R.G. Mod. 44

DETENTION ORDER ISSUED BY THE PUBLIC PROSECUTOR

(artt. 384, comma 1 c.p.p)

TO THE JUDGE OF PRELIMINARY INVESTIGATION OF THE COURT OF PERUGIA

The public prosecutor Dr. Giuliano Mignini

Based on the records of the above-mentioned proceeding;

Having found that there are serious indications of the crimes of complicity in aggravated murder Article 576 n.5 c.p.e. and sexual assault for which we are proceeding, against DIYA Lumumba, born in Kindu (Zaire) on 5.05.1969, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, for the following reasons:

Regarding KNOX and DIYA, the first made glaringly contradictory and not credible statements during the investigation. In particular KNOX claimed to have spent the night between November 1st and 2nd in the company of SOLLECITO Raffaele whom she met a few days before the event while he, after initially confirming the statements made by KNOX, confessed to have lied instructed by KNOX and made clear that he separated from KNOX at 21.30 of November 1st 2007, remaining at his house where he received a phone call from his father on the land line at 23:30.

Furthermore from the data relating to the phone traffic of the number 3484673590 in use by KNOX there emerges a lack of phone traffic from 20:35 of November 1st to 12:00 November 2nd. Same lack of phone traffic from 20:42 of November 1st to 06:02 of November 2nd is found in the phone traffic of 3403574303 in use by SOLLECITO Raffaele.

At 20:35 of November 1st was found an outgoing text message from the number 3484673509 belonging to KNOX sent to 3387195723 belonging to the co-defendant PATRICK to whom she communicates “see you later” which confirms that in the following hours KNOX was together with DIYA in the apartment where the victim was.

KNOX, in the statement made today has, in the end, confessed the dynamics of the committed crimes against KERCHER: the accused, in fact, first claimed to have met with DIYA, as communicated to him with the text message found in the phone memory of her cell phone by the operating Postal Police, text message sent at 20:35 in reply to a text message from DIYA sent at 20:18, detected thanks to the analysis of the phone traffic related to KNOX.

This last text message is not present in the cell phone memory.

KNOX in her witness statement from today has then confessed that, meeting DIYA in the basketball court of Piazza Grimana, she went together with DIYA to Meredith’s house, where DIYA, after having sex with the victim, killed her.

The sexual intercourse must be deemed violent in nature considering the particularly threatening context in which it took place and in which KNOX has surely aided DIYA.

In addition to this it should be pointed out that KNOX, in her spontaneous declarations from today, has consistently confirmed to have contacted DIYA, to have met with him on the night between November 1st and 2nd and to have gone with him to the apartment where the victim lived. She then said that she stayed outside of Meredith’s room while DIYA set apart with her and also added that she heard the girl’s screams.

KNOX reported details that confirm her own and Sollecito Raffaele’s involvement in the events, like the fact that after the events she woke up in the bed of the latter.

As far as the essential facts against SOLLECITO there are numerous verifiable inconsistencies in his first declarations, in respect to the last ones and the fact that, from a first inspection, the print of the shoe found on SOLLECITO appears to be compatible in its shape with the one found on the crime scene.

Moreover, there is the fact that KNOX claimed to not remember what happened between the victim’s screams up until she woke up in the morning in SOLLECITO’s bed, who was also found in possession of a flick knife that could abstractly be compatible for dimension and type (general length of 18cm, of which 8,5 blade), with the object that must have produced the most serious injury to the victim’s neck.

Having considered all the elements described and all converging findings of the intense and detailed investigations conducted after the discovery of Kercher’s body and culminating with the confession and indicated complicity of DIYA, also known as “Patrick” by KNOX, there is substantial serious evidence of the crimes for which we are proceeding to allow the detention, given the limits of the sentence.

Likewise there must be considered a founded and valid danger of flight especially for DIYA since he is a non-EU citizen and in consideration of the specific seriousness and brutality of the crimes, especially that of sexual violence and the possibility of the infliction of a particularly heavy sentence.

In regards to KNOX she has shown a particular ruthlessness in lying repeatedly to the investigators and in involving in such a serious event the young SOLLECITO.

Having regard to Art.384 comma 1 c.p.p.

ORDERS

The detention of DIYA Lumumba, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, and to be taken to the local District Prison.

We proceed to request validation of the detention in the separate document.

Forward to the Secretary area of authority with regard to recognition of Diya Lumumba and Amanda Marie Knox, born in Washington (USA) on 07/09/1987, based in Perugia, Via della Pergola 7, and Raffaele Sollecito, also already identified.

Perugia, November 6th 2007, h.8,40

PUBLIC PROSECUTOR

(DR. GIULIANO MIGNINI)

2. The Context Of The Arrests

Knox had turned up at the central police station unannounced, apparently to keep tabs on RS. After a delay in finding something for her to do, and in getting the interpreter by her side, she sat with Rita Ficarra building a list of possible perps with phone numbers and residences on maps.

Having been told in a rather low-key way that Sollecito had just said she was not with him on the fateful night for several hours, and she had made him lie (see the post just below), there was a tension-filled pregnant pause while Knox apparently racked her brains for a Plan B.

By 1.45 AM, having explosively fingered Patrick when a message to him fortuitously showed up on her mobile phone, and after considerable spontaneous chatter, she had insisted on writing and signing this statement.

Three hours later Dr Mignini had arrived and discussed this development with others. Then he advised Knox of her rights, including the right to have her lawyer there.

Heedless of that advice, after more spontaneous chatter (actually referred to in the arrest warrant below), Knox insisted on writing and signing this statement while all the court officers sat idly by.


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.


Tuesday, December 16, 2014

The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholdered Knox

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

3. Sollecito’s appeal to the Supreme Court

In Knox Interrogation Hoax #16 we described the fourth pre-trial hurdle Knox failed to make. That was her appeal to the Supreme Court against the Matteini and Ricciarelli rulings that much evidence pointed to her and for the safety of others she needed to be kept locked up.

Knox hadnt really lifted a finger to deflect suspicion away from Sollecito and the same thing applied in reverse from 2007 right through to 2014 with the one bizarre exception of Sollecito’s book.

Catnip kindly provided this translation below of Cassation’s ruling on Sollecito’s appeal in April 2008 that much evidence pointed to him too and for the safety of others he also needed to be kept locked up.

If Sollecito had not fingered Knox at his own interrogation on 5-6 November 2007 which set her fireworks off, here was his second chance after his memo to Judge Matteini to set things straight and get her off the hook. 

So did he? No. He again left Knox dangling in the wind. 

Summary: Held: the decision to continue pre-trial prison detention for the suspect was reasonable.

THE REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
SECTION 1 CRIMINAL DIVISION

Comprised of the most Honourable Justices:
Dr Torquato GEMELLI - President -
Dr Emilio Giovanni GIRONI - Member -
Dr Maria Cristina SIOTTO - Member -
Dr Umberto ZAMPETTI - Member -
Dr Margherita CASSANO - Member -

have pronounced the following

JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).

REASONS FOR THE DECISION

The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery – in the kitchen of his house – of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

– reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

– absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

– arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

– inexistent evidential value of the phases relative to the discovery of the body;

– absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

– absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

– irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

– interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

– attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

– insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

– missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

THE APPEAL IS UNFOUNDED

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 – coincident with P’s visit – who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told ‘a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, – which would narrowly evaluate as innocuous youthful stereotypes –, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.
Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008


Friday, November 28, 2014

The PMF/TJMK Master Evidence List: First Of Our Projects To Make The Final Picture Whole

Posted by The TJMK Main Posters



High-achiever Meredith Kercher was born less than one mile south of this famous London landmark

Building An Evidence Mountain

There are really three pictures, not just the one, still to be fully made whole.

  • That of Meredith. We believe a family site will soon add to the fine book published by Meredith’s dad.

  • That of all of the evidence the court acquired in 2009, which is the sole picture the Italian citizenry takes seriously.

  • That of the misleading campaign by the Knox and Sollecito PR shills, leaving some in the UK and US misled.

The Master Evidence List is a key part of the second picture and there are several other media-friendly pages still to come.

Click here for more


Tuesday, November 18, 2014

The Knox Interrogation Hoax #16: The Fourth Opportunity Knox Flunked: The Supreme Court

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of false claims made by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

As you will have seen in previous posts, Knox’s team pussyfooted about without conviction in the few brief instances when the 5-6 November session was discussed. In the Mignini hearing of 17 December 2007 they eventually advised her it would be in her best interests to shut up.

This post covers the third hurdle, specifically why in April 2008 the First Criminal Section of the Supreme Court ruled that for reasons of evidence and psychology Knox and Sollecito should remain locked up and the judicial process against them should go forward.

Please consider this meticulous (and for the pair, damning) statement, which denied their release, in light of a couple of explanations which follow in Part 4 below.

3. Catnip Translation: Gemelli Report On Knox

The Judgment

REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
FIRST CRIMINAL DIVISION

Comprised of the Most Honorable Justices
Dr Torquato GEMELLI – President
Dr Emilio Giovanni GIRONI – Member
Dr Maria Cristina SIOTTO – Member
Dr Umberto Zampetti – Member
Dr Margherita CASSANO – Member

has pronounced the following

JUDGMENT

on the appeal lodged by AMK born on X

against the Order of 30/11/2007 Liberty Tribunal of Perugia

having heard the relation [legal analysis] made by the Counsellor [Judge] Margherita Cassano

having heard the conclusions of the Prosecutor-General Dr S Consolo who has prayed the rejection of the appeal

HAVING FOUND IN FACT

1. With the order of 30 November 2007 the Perugia Court, as constituted under Article 309 Criminal Procedure Code, rejected the submission to review lodged by AMK and, as a consequence, confirmed the precautionary prison custody measures disposed in her matter on the 9th November 2007 by the GIP of the same Court in relation to the offences of aggravated wilful homicide in company and in sexual assault by a group, committed on the day of 1 November 2007 against MSCK.

2. According to the reconstruction put forward by the judges of merit, on the 2nd November 2007, around 12:35, the State Police, to whom had been signalled the discovery in the garden of a house of two mobile phones, both resulting to be in the service of the American [sic] citizen MSCK, intervened at an apartment in Via della Pergola in use by Ms K and AMK and two Italian women. At the place were found AMK and her boyfriend RS, the which declared they were expecting the arrival of the Carabinieri, called by them after having discovered that the window of one of the rooms of the habitation presented with broken glass.

The crime scene inspection immediately carried out inside the apartment led to the discovery in the bedroom occupied by Ms K, locked under key, of the body of the woman, which, at the level of the head, was immersed in a lake of blood, was dressed only in two tops pulled above the breast and was covered with a blanket. Beneath this latter was found the print of a shoe in haematic material, collected, besides in the room of the offence, also in a small bathroom adjacent to the same. In a second bathroom, used by the two Italian lessees of the apartment, were found faeces and other natural biological residues. The autopsy immediately carried out permitted the establishment of the cause of death, collocatable around 22 hours of the day of 1st November 2007, to have been due to a haemorrhagic shock from vascular lesions to the neck from an edged blade and that the instrument used to restrain her was constituted of a pointed instrument capable of penetration and with a sharpened profile capable of cutting tissue.

The victim’s body did not present unequivocal signs of sexual assault even though there were found things of some medico-legal interest, in the sense of the observed anal dilation of two-three centimetres, the discovery of minute ecchimoses on the posterior part of the anal ring (otherwise compatible with situations of constipation) and, above all, mauvish marks on the inner face of the labia minore, suggestive of a sexual rapport carried out with haste and occurring a little before the death.

3. The Court had found that grave indicia of guilt as against the suspect were constituted by the following elements:

(a) the autopsy results and the medico-legal report;

(b) the discovery of a knife with dimensions of 14cm for the handle and of about 17 for the blade, seized from inside a drawer of cutlery located in the kitchen of the home of S, carrying, on the handle, traces of DNA referable to Ms K and, on the blade, traces of DNA ascribable to the victim;

(c) statements made by persons informed of the facts, FR and LM, housemates of the victim, who without contradiction excluded that the seized knife were part of the their apartment’s endowment and made mention that Ms K, on the day of the fact, was wearing a top, which has not yet been found;

(d) outcome of the technical tests carried out on a pair of shoes, N brand, size 42.5, property of S, evidencing a perfect correspondence between the aforesaid footwear and the print found at the location of the homicide, as well as on the door of the Via della P apartment which did not present signs of forced entry;

(e) results of technical tests carried out on the palm print found on the pillow on which the victim had been placed and resulting as belonging to RHG, a citizen of the Ivory Coast, nicknamed ‘the Baron’, known to AMK;

(f) presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper taken from inside the larger bathroom of the apartment, where faeces had been found, resulting as being from G;

(g) outcome of biological tests carried out on the blood found in the apartment’s small bathroom, in use by the victim and Ms K, which permitted the establishment that to the victim were attributable the bloodstains present on the mat, to Ms K those found on the washbasin, and to both of the women the blood traces found on the bidet;

(h) statements made by the American [sic] citizen RCB, the which, having returned home to her country a few days after the fact, referred to the Authorities that Ms K, while waiting to be interviewed by the Police on the morning of the 2nd November 2007, had told her of having seen M’s body on a wardrobe (or reflected on a wardrobe) with a blanket on top of her and of having seen her friend’s foot after a police officer had opened the door, circumstances conflicting with the modality of intervention at the apartment;

(i) statements made by the friends of MSCK, the which without contradiction said that the woman had spent the afternoon of the 1st November 2007 in their company and had left their house in the company of SP, who, reaching her own domicile in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than 10 minutes’ distance from Via del L;

(l) statements made by FR and PG, contacted by A after ascertaining that the front door of their house was open, that there were blood stains and that the window of MSCK’s room presented with broken glass

(m) statements made by S on the 2nd, 5th and 6th November regarding his movements both alone and with AMK between the day of 1 November 2007 and the following 2 November, in regards to what was found inside the Via della P apartment, to the call for help to law enforcement, not to mention the reference to the search for strong emotion contained in various of his writings posted on his blog;

(n) statements made on 6 November 2007 at 1:45 by Ms K which indicated L, entranced by M, as the author of the murder after a sexual relation with the victim;

(o) spontaneous statements made by Ms K on 6 November 2007 at 5:45 from which it emerged that L and M had gone to her room, that, at a certain point, M had started to scream, such that A, so as not to hear, had put her hands on her ears, that maybe S was also present in the house;

(p) contents of the account written by Ms K which repeated having heard M scream, to having removed herself into the kitchen and of having blocked her ears with her hands so as not to hear her friend’s scream and of having seen blood on S’s hand during the dinner that had taken place around 23:00 hours on the day of 1 November 2007 in S’s apartment;

(q) contents of a recorded conversation in prison on 17 November 2007 relating to a discussion between Ms K and her parents in the course of which the woman, amongst other things, said “It’s stupid, because I can’t say anything different, I was there and I can’t lie about this, there is no reason to do it”;

(r) tests carried out on the computer and on the mobile phone used by S, from which it emerged that, contrary to the defensive stance of the suspect, his computer had not been used during the night and had been activated only at 5:32 on 2 November 2007 and that, likewise, his mobile phone also had been off during the night and had been first used at dawn on 2 November 2007.

The Re-examination judges concluded recognizing, for continuing the precautionary custody measure, the continuance of all the typologies of precautionary requirements mentioned under Article 274 Criminal Procedure Code.

4. Against the cited order there has been submitted an appeal to Cassation, through her lawyers, by AMK, the which, also by means of a defence memorandum, alleges:

(a) violation of Article 309 paragraph five Criminal Procedure Code with reference to the omitted transmission to the Re-examination Court of the statements made by the suspect RHG arrested in Germany in the execution of a European Arrest Warrant, constituting, contrary to what was adopted by the Re-examination Court, an element favourable to the suspect, relevant for the indication of the author of the offence, identified as an individual of the male gender and, contrary to what as held by the Court, fully usable, given the basis of their acquisition into evidence under Articles 22 and 28 of the law on international judicial representation in criminal matters of 23 December 1982;

(b) Violation of Article 250 paragraph seven, and 357 paragraph two, Criminal Procedure Code, being placed at the foundation of the custody order and of the subsequent provisioning by the Re-examination Court, which indicative elements, the statements made by Ms K on 6 November at 1:45, without defence safeguards, the “spontaneous statements” made at the time of 5:45 hours, are not classifiable as such, given the procedural status invested on her in the meantime, all acts fully non-usable inasmuch acquired in patent violation of Article 63 Criminal Procedure Code;

(c) Violation of law, deficiency and manifest lack of logic in the reasoning with reference to the picture of circumstantial gravity, having regard: (a) to the personality of the suspect, a young foreigner with unblemished record, with a perception of reality altered by cannabis use, a substance which also may have been influencing her excessive and dreamlike behaviours; (b) to the seriously lacunose character of the translation of passages of the suspect’s hand-written account, analysed in a partial manner; (c) to the not unambiguous reading of the contents of the recorded conversation of 17 November 2007 between the suspect and her parents in prison; (d) to the non-probative nature of the DNA traces found on the seized knife, of the suspect’s blood stains on the mat and basin in the small bathroom of the apartment occupied by, amongst others, the victim and Ms K;

(d) Lack and manifest illogicality in the reasoning with reference to the considered circumstantial value, as against the suspect, of the results of tests carried out on the vaginal swab and on the knife in custody, with an un-reasoned devaluation of the considerations put forward by the defence;

(e) lack and manifest illogicality of the reasoning, distortion of the fact with reference to the considered presence of the suspect on the location of the fact and to her contribution purportedly made to the consummation of the offence;

(f) violation of law, deficiency and illogicality of reasoning as to the configurability of the precautionary requirements, given: (1) the absence of a specific danger in evidentiary acquisition even in the light of investigative developments which have evidenced Ms K’s extraneity to the commission of the offence and have allowed the acquisition of statements by fellow-suspect G; (2) the lack of an objective risk of flight in the light of international cooperation between Italy and the USA which would permit, once the suspect’s responsibility has been definitively ascertained, full judicial cooperation; (3) the lack of danger of repetition of the offences.

Observes as of law.
The Appeal Is Unfounded.

1. With reference to the deduced violation of Article 308 paragraph five for omitted transmission to the Re-examination Court of elements appearing favourable to the person placed under investigation (in the type of statements made by G to the German Judicial Authority in the ambit of European Arrest Warrant procedure), this Bench observes as follows.

For “elements in favour of the person placed under investigation” must be understood to mean those objective results, of probative value, suitable for being of positive influence in the evaluative complex of the custody picture (Cass., Sez. IV, 22 giugno 2005, rv. 231749) and in the concrete usable for exculpating the suspect (Cass., Sez. I, 26 settembre 2000, Corrente, rv. 217611) and not information that resolves itself into mere reformulations of the prosecutorial hypothesis or in the advancing of alternative hypotheses (Cass., Sez. Un. 26 settembre 2000, Mennuni).

In line with this interpretative stage there are to be excluded from the enumerated elements appearing favourable and as a consequence obligated to be transmitted to the Re-examination Court, under Article 309 paragraph five Criminal Procedure Code, statements made, as in the case under examination, in the ambit of an extradition procedure against the fellow-suspect who limits himself to giving his own defensive version and to affirm his own extraneity to the facts, without however releasing the other accused subjects from the same crime. It is, therefore, under this profile that the defence petition does not merit granting, it is rejected, rather, by the Re-examination Court on the basis of the erroneous assumption that RHG’s statements were unusable through omission with respect to due process, in reality assured by the German Judicial Authority, which – in conformity with the principles contained in the decision-framework of the Council of Ministers of the Union of 13 June 2002, relating to European arrest warrants and the handover procedure between member States (2002/584/GAI) – have, amongst other things, pre-emptively made the suspect informed: (1) of the European arrest warrant and its contents, even to the ends of allowing him to consent, if necessary, to the handover; (2) of the right to legal and interpretive assistance during the procedure.

2. With reference to the second appeal ground by the defence, the Court observes that circumstantial statements are characterized by a different usability regime under a subjective aspect. In the case in which these originate from a person against whom there already is sustained circumstantial evidence as regards the same crime, that is to a crime connected with or tied to the one attributed to a third party, the same cannot be used not only against themselves, but neither in relation to co-accused in the same crime (or of those accused of connected or related crimes).

The regime of absolute unusability under Article 63 paragraph two Criminal Procedure Code is, instead, to be excluded in the case in which the declarant, whether called to respond, in the same or another matter, for a crime or for crimes attributed to others, which have no procedural ties with the one for which they are being proceeded against, with respect to which the person assumes the character of witness.

In fact, in the first case, due to the close connection and interdependence between the fact itself and the other one, there arises the necessity to also safeguard the declarant’s right to silence; in the second case, the declarant’s extraneity and indifference with respect to the facts in cause renders them immune to possible sanctions carried out by the investigative bodies (Cass., Sez. Un. 13 febbraio 1997, Carpanelli).

On a par with these principles, the statements made by AMK at 1:45 on 6 November 2007, – at the end of which the interview was suspended and the woman was placed at the disposition of the relevant judicial Authority, revealing circumstantial evidence against herself –, are usable only contra alios, while the “spontaneous statements” from 5:45 are not usable, neither against the suspect nor against other subjects accused of participation in the same crime, inasmuch as they were made without due process safeguards by a person who had formally assumed the status of suspect.

On the contrary, the account written in English by Ms K and translated into Italian is fully usable, under Article 237 Criminal Procedure Code, since it is a document originating from the suspect, who had been its spontaneous material author for a defence purpose. The disposition under examination allows attribution of probative relevance to the document not only as regards it and its representative contents, but also in the strength of its particular ties, which tie it to the suspect (or accused), thereby illuminating the review of admissibility which the judge had held to be in operation.

3. The fourth, fifth and sixth grounds of the petition also lack merit. The circumstantial evidence picture specifically concerning AMK is based, in the first place, on the autopsy results, evidencing multiple contusions and ecchimotic areas on various parts of the body (nose, lip, oral cavity, cheek, mandibular and sub-mandibular region, upper and lower limbs, inner face of labia minore, abdomen, dextral latero-cervical region), an ample dilation, in the order of two to three centimetres, of the anal ring with the presence of small ecchimoses, a large wound, disposed obliquely, in the caudal-lateral sense, fully diastased, with sections of underlying tissue right to the cartiliginous layer in the left latero-cervical region, the complete sectioning of the upper right thyroidal artery, the fracture of the hyoid bone in proximity of the left median. The medico-legal tests, carried out after the necroscopic examination of the body of the victim, permitted the confirmation that the cause of death, around 22:00 hours on 1 November 2007, is ascribable to meta-haemorrhagic shock from the vascular lesion on the neck from an edged blade, occasioned by a pointed implement, capable of penetration, and with a sharpened edge able to cut tissues. The anal dilation, the observation of minute ecchimoses on the posterior part of the anal ring and, above all, the mauvish marks on the inner face of the labia minore, are suggestive of a sexual rapport carried out hastily, before the victim had had time to produce adequate lubrication, occurring in a time period proximate to that of the observation, but in any case before death, by reason of the ecchimotic lesions and their colour.

The impugned provision highlights that the complex of these medico-legal conclusions assumes a particular evidential value, in the event that place in correlation with other elements: (a) the statements made by the friends of MSCK, who without contradiction stated that the woman had spent the evening of [1] November 2007 in their company, had started to dine with them from 18:00 hours onwards and had left the house in company with SP, who, reaching her home in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than ten minutes’ walk from Via del L; (b) the outcome of the search effected at the house of RS, romantically linked to AMK, which permitted the discovery and seizure in the apartment’s kitchen, from the cutlery drawer, of a knife, having an approx. 14cm long blade and 17cm handle. The knife, not forming part of the inventory of the house occupied by AMK, MSCK and two Italian women (cf on the matter, the statements made, as persons informed of the facts, by FR and LM), presented traces of DNA on the handle attributable to AMK and on the blade traces of DNA ascribable to the victim.

Weighing against the suspect, in the opinion of the judges, there are, in addition, even in their mutability, statements by RS, who, after firstly having claimed to have remained home all evening and night with his girlfriend, stated, afterwards (cf. Interviews of 5 and 6 November 2007) that, at a certain time, Ms K had left and had come back to his house at only around one in the morning.

The judges of merit have underlined the strict correlation found between the interviews given by S on 5 and 6 November 2007, and the following further elements: (a) statements made by citizen RCB, who, returning to her country of origin, referred to the relevant Authorities the confidence received on 2 November 2007 from AMK regarding the position of the victim’s body and its condition, circumstances that, contrary to the stance of the suspect, she could not have been able to perceive on the occasion of the intervention by the police at the apartment, an intervention that unfolded in a way irreconcilable with the version furnished by Ms K to the friend; (b) statements made by persons informed of the facts FR and LM, who said that Ms K, the day of the fact, was wearing a top, which has not been found since.

The impugned provision, with logically reasoned argumentation, observes that the content of these declarative acts appears even more significant when evaluated also in the light of the written account produced by the suspect, containing relevant references to M’s scream on the night of the fact, to her reactions, consisting of huddling in the kitchen with her hands over her ears, to the presence of a man, to traces of blood noted by her on RS’s hand during the dinner that took placed at 23:00 on 1 November 2007.

Under the same lens appearing imbued with unequivocal circumstantial value is the contents of the recording, effected on 17 November 2007 inside the prison where Ms K found herself restricted to and between the woman and her parents, in the course of which there was pronounced by the accused the following words: “It’s stupid, because I cannot say anything else, I was there and I cannot lie about this, there is no reason to do so”;

These elements must, in their turn, be inserted into a larger circumstantial evidence context, cross-correlated by the identification of a print left in haematic matter present on the scene of the crime from a sports shoe, held to be compatible, by its dimensions and configuration of the sole, with the type of footwear brand “N” used by the suspect and by the failure of the alibi put forward by the young man, being demolished by the technical investigations that were carried out, by which, as he asserted, he had interacted with his computer in the hours in which, according the medico-legal reconstruction, the criminal fact would have occurred, just as also remained demolished that the young man had received a phone call from his father at 23:00, it resulting, instead, said call had occurred at 20:40.

From the same perspective, light has been shone, with precise and logical reasoning, on the circumstance that in the course of the evening of 1 November 2007, almost at the same time, telephonic traffic for AMK and RS ceased, after the latter had received a call on his mobile phone from his father at 20:40, of which reference has been made earlier and, in addition, that S, contrary to what was by him stated, did not spend the night of 1 and 2 November 2007 sleeping, it having been ascertained that the computer and mobile phone at his disposal were reactivated at dawn on 2 November 2007.

The judgment reasons, further, on the concourse aspect of the consummation of the homicide and sexual assault, on the basis: (1) of the outcome of the technical tests carried out on the palm print found on the pillow on which the victim had been placed, and it results as belonging to RHG, known to AMK; (b) of the presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper collected from inside the larger bathroom in the apartment, where there had been found faeces, resulting to have been G’s; (c) of the outcome of biological tests carried out on the blood found in the smaller bathroom of the apartment in use by the victim and by Ms K, which permitted the finding that the blood stains on the mat were referable to the victim, those found on the basin to Ms K, and to both the women the blood traces found in the bidet.

The Court, with thorough and logical reasoning, has illustrated, with full reference to the factual circumstances – inasmuch such are unreviewable in this seat of legitimacy – the reasons for the attribution of pregnant circumstantial value to the elements above recalled, proving the presence on the scene of the consummation of the homicide and sexual assault of AMK, RS, RHG (these last two both known to Ms K), has explained, with articulate and logically correct reasoning, the reasons for which they cannot find agreement with the defence deductions in terms of erroneous interpretation and reading of the recorded conversation of 17 November 2007, of the account written by Ms K on 6 November 2007, of the results of biological and medico-legal tests, of the unreliability of the technical investigations carried out on the computer and mobile phone belonging to S, and has at length examined, including in the light of aspects formulated by the defence, the entire case file, explaining the reasons of its unequivocal value.

So, the argumentative development of the judgment reasoning is founded on a coherent critical analysis of the circumstantial evidence and on its cohesion in an organic interpretative framework, in the light of which the attribution to said elements of the requisite of gravity appears supplied with adequate logical and judicial plausibility, in the sense that they have been considered drivers, with a high level of probability, with respect to the theme of investigations concerning the responsibility, amongst others, of AMK, as to the crimes put against her.

From which, given the evaluation carried out the Re-examination Court on the level of inference of the circumstantial evidence and, therefore, on the more or less demonstrative character of the same in terms of probabilistic qualification of guilt even if not of certainty, it has to be highlighted that the impugned order exceeds the threshold of legitimacy demanded by this Court, whose bench cannot hold itself back from a checking of the respect of rules of logic and of conformity with legal canons which govern the appreciation of grave indicia of guilt, as prescribed by Article 273 Criminal Procedure Code for the ordering of provisions restricting personal liberty, without being able to draw on the intrinsic consistency of the evaluations reserved to the judges of merit.

4. Unfounded, finally, are the censures formulated by AMK’s defence, on the matter of custody requirements, the Re-examination Court having correctly evaluated them, with reference to the parameters to which letters (a), (b), (c) of Article 274 Criminal Procedure Code apply the extreme gravity of the crimes carried out, having had regard to their nature and their method of consummation, the negative personality of the suspect, which emerges from the outcomes of the investigations and from the served case conduct, the specific and binding requirements relevant to the investigations in relation to the clear and present danger for [evidence] acquisition and probative genuineness, considering the necessity for completing the testing and of proceeding with the gathering of other means of declarative proof, the outcome of the handover to Italian authorities, of RHG, as well as allowing corroborations to be made, also permeates the current contrast between the different versions so far furnished of what happened, the clear danger of flight, taking into account the foreign citizenship aspect of the suspect and of the penalty of more than two years’ imprisonment, impacting on the outcome of the recognition of her criminal responsibility.

5. Refusal of the appeal leads in law to the appellant ordered to pay procedural costs.

The Registry will provide for its carrying out as prescribed by Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

FOR THESE REASONS

Rejects the appeal and orders the appellant to pay procedural costs. Disposes transmission via the Registry a copy of the provision to the Director of the penitentiary institution per Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

So decided in Rome, in Chambers, 1 April 2008.

DEPOSITED IN THE REGISTRY 21 APRIL 2008


4. Catnip Translation: Gemelli Report On Sollecito

Summary

Held: the decision to continue pre-trial prison detention for the suspect was reasonable.


THE REPUBLIC OF ITALY

IN THE NAME OF THE ITALIAN PEOPLE

THE SUPREME COURT OF CASSATION

SECTION 1 CRIMINAL DIVISION


Comprised of the most Honourable Justices:

Dr Torquato GEMELLI - President -

Dr Emilio Giovanni GIRONI - Member -

Dr Maria Cristina SIOTTO - Member -

Dr Umberto ZAMPETTI - Member -

Dr Margherita CASSANO - Member -

have pronounced the following


JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).


REASONS FOR THE DECISION


The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery – in the kitchen of his house – of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

  reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

  absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

  arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

  inexistent evidential value of the phases relative to the discovery of the body;

  absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

  absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

  irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

  interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

  attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

  insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

  missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

The appeal is unfounded.

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 – coincident with P’s visit – who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told ‘a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, – which would narrowly evaluate as innocuous youthful stereotypes –, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.

Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008

5. Highlighting Of Relevant Hoax Points

Shown in bold in the statement on Knox are:

(1) the defense appeal against the use of Knox’s 5-6 November statements framing Lumumba (reason given was ONLY no lawyer being present - a need which Knox herself had shrugged off when she herself insisted on writing out the 1:45 am and 5:45 am and noon statements) and there is zero mention of abuse;

(2) Cassation’s reasoning why the first 2 Knox statements (the 1:45 and 5:45) can indeed be used, in the “sub-trial” addressing the calunnia against Patrick, and the third (scribbled around noon) can be used in the main trial.

In neither statement is there any ruling of “illegal” regarding any actions by any interrogators. The Knox shills often falsely claim there was.


Saturday, November 15, 2014

The Status Of The Various Computers In The Case #2 New Developments

Posted by Sallyoo





Please first see my previous post and my several updates in the Comments thread.

There has been a new flurry of interest in Raffaele’s computers following the publication, on iip, of a report prepared by Prof. Alfredo Milani. It is available in both in Italian and English, (translation prepared by iip.)

The report isn’t dated, but it was prepared after the Massei report had been published, and it was taken into evidence at the Hellmann appeal. Milani credits another defence computer expert, D’Ambrosio, with a lot of the content.

There have been (to my knowledge) three ‘defence computer expert reports’ prepared. The first, signed by Angelucci in March 2008, is concerned primarily with the damaged hard disks of the Asus of Sollecito, and the computers of Meredith Kercher and Amanda Knox. This report was commissioned by Dalla Vedova and has not (as far as I can determine) ever been taken into evidence, or even mentioned in court.

The salient point in this document is that the data was recovered from the disks of Sollecito’s Asus and Meredith Kercher’s computer.

Then we have D’Ambrosio testifying at Massei (available), accompanied by a report written by D’Ambrosio and Gigli taken into evidence (not available).

At Hellmann we have the Milani report. Raffaele mentions Alfredo Milani in his book as one of his professors.

There isn’t a lot of (strictly computer) information in it which goes beyond D’Ambrosio’s testimony, although the tone is very different. While D’Ambrosio was relatively generous to the police computer analysts, appreciating the procedural retrictions which they worked under, Milani gets close to being offensively insulting to those tehnicians. (Compare with the Conti/Vecchiotti tactics…)

Milani attempts to make us believe that two ‘grave methodological errors’ committed by the postal police have concealed data which would provide an alibi.

Firstly he spends much time outlining the MacOS, in every release, and tells us that because the postal police used an ‘analogous but not identical’ MacBook a tiny difference in the release number of the operating system renders their analysis unreliable. This is impossible to acept for two reasons - firstly that the OS employed resided on the cloned disk from Sollecito’s own MacBook, but more importantly the precise OS release would not affect in any way the reading of the log files.

Secondly, he unwisely reminds us of inodes (log files). These files are regularly archived, in compressed form, and this archive is not overwritten. The archive isn’t very simple for an ordinary user to search, but such a search is certainly within the capabilities of an ‘expert computer consultant’. If Milani had discovered anything - such as a use of the Samba utility via the Asus which would have been recorded - he would have told us about it.

He also includes some gratuitous comments - which are rather fun - so we can move onto those now!

Milani has trawled up a keyboard interaction (on Sollecito’s Mac), at 22.04 on November 5, when he assures us that Sollecito was in the questura. Well, every other piece of evidence has Sollecito not arriving at the questura that evening until at least 22.30 - but Raffaele has always claimed to have been eating with a friend when he received the phone call at 21.30 asking him to attend the questura. Was Sollecito at Riccardo’s? Did he nip home (why) before going to the questura? We shall never know, but Milani has given us reason to speculate.

He also offers us the playlist of the music tracks both listened to and skipped between 05.40 and 06.20 (approx) on the morning of Nov 2 - which for some reason he erroneously asserts that the postal police failed to identify as an interaction. You can form your own opinion on the musical taste of the listeners, Nirvana and Bon Jovi feature.

Additionally we learn that one of the films ‘recently viewed’ was Suicide Club, a Japanese cult movie, which can charitably be described as Extreme Fantasy. We also discover that in the CD drive was music from Blind Guardian - a German heavy metal band who used fiction/fantasy themes in their lyrics. (I am left with the impression that Sollecito and Knox were determined not to live in the real world during this period).

A further couple of snippets, the first from an intercepted conversation in prison between Raffaele, his father and his stepmother, Marisa Papigni:

FS:....have nothing to do with [rude in italian] ... and they understood ... now this morning or Monday there will be also the checking of your computer ... they have already cloned the hard disk .. ”

RS: “… my concern of the computer is basically that if I came ...”

Marisa Papagni: “Hey ... there is a monster on your computer ... there is a monster ... ”

RS: “Forget it ... the fact about the computer is if I have spent much time with Amanda ... there is not all this time I have spent with the computer ...”

FS: “If Amanda was home ... if she was out, wtf were you doing? ... were you at the computer?” .....

And from Honor Bound:

Papà told him about the data from my computer….but still Maori was skeptical. “Why don’t you let me see it?” he asked.

My father didn’t have the data with him, but he said his brother, Giuseppe, could fax it over.



Below: Professor Milani; Perugia University School of Mathematics & Computers


Tuesday, October 28, 2014

Analysis #3 Of Testimony Of Dr Chiacchiera, Organized Crime Section: Contradictions Between RS & AK

Posted by Cardiol MD




1. Overview Of This Series

In 2007 Dr Chiacchiera was the Director of the Organized Crime Section and the Deputy Director of the Flying Squad.

He was one of the most senior and experienced law enforcement officers to testify at the trial. His testimony and his cross examination by the defenses occupied a lot of time of the court late in February 2009. He covered the following ground.

(1) He found Knox and Sollecito uncooperative when he asked them questions.

(2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

(3) Phone records and the police investigation into the accused phone activity the night of the murder.

(4) Discovery of pornographic magazines at Sollecito’s house.

(5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.

Dr Chiacchiera was submitted to cross-examination on the above 5 items by 4 Attorneys for the Defence of Knox and Sollecito, by 2 Civil Party Attorneys, and to Re-examination by the Prosecution. He had a gruelling time as a witness.

All the translation is by the ever-dedicated main poster ZiaK. This series is highlighting some key portions. Here is the full 50-page transcript which will be posted in the trial testimony area of McCall’s great Wiki.

Continuation of Dr Chiacchiera’s Evidence-in-Chief:

MaCh: It emerged that normally Sollecito kept his cellphones, and also Amanda Knox, they kept their cellphones on until a late hour, evening, [sic] there is no telephone traffic from 20:40 hours. A thing of this …

{Witness begins Testimony re cellphones and is interrupted}

MC: But did this emerge from the declarations or did it emerge from the analysis of the [phone] records in the preceding days?

{Examiner interrupts witness with good Q re source of telephone-usage information}

MaCh: It emerged from the analysis of the [phone] records in the preceding days.

{Witness answers clearly}

GCM: Excuse me. Let me understand. In other words you say: the cellphone was switched off and there was no telephone traffic, these are two different things.

{Court asks good clarifying Q}

MaCh: I’m saying, Mr President. Two things. The first, normally Sollecito’s telephone and the telephone of Amanda, were switched on until the late hours. The fatal evening, they were switched off from 20:42 hours until … one [of the phones] from 20:42 onwards and the other from about 20:50 onwards. One. Two, the traffic …

{Witness is Answering Court's Q in 2 parts. When he gets to his part #2, Court interrupts}

GCM: Before going on to “Two”, excuse me: “normally” – what does that mean? You had …

{Court is asking good Q re witness's Part #1, but is interrupted}

MaCh: We had done a comparative analysis of the telephone traffic of that evening with the telephone traffic of the preceding evenings. Shall we say the habits ...

{Witness interrupts Court with narrative response, and is also interrupted}

GCM: And so the “normally” emerges from this?

{Court interrupts witness's response with good Q}

MC: How many evenings? If you recall, or not?

{Examiner asks witness relevant Q, adding redundant Q}

MaCh: Months, no … honestly, I don’t remember how many [evenings], but months.

{Witness stumbles, seeming uncertain re 'evenings' vs 'months'}

MC: I mean to say, not …

{Examiner preambles re her redundant Q but is interrupted}

MaCh: Not three days, no. The telephone traffic habits were evaluated. [This is point] one. [Point] Two, the element that emerged, that contradicted the declarations, I can’t report on the declarations but I can report on the element that contradicted [sic. i.e. provided the contradiction], that in effect no telephone call had arrived at 23:00 hours, as had been declared: on the phone line that was declared to have received that … the recipient of that very phone-call. Another element: no interaction with the computer emerged, unlike what was declared. So there were a few objective elements of comparison from the analysis and from the technical checks that contradicted what had previously been revealed.

{Witness interrupts Examiner with narrative response to Examiner's Q, witness indicating contradiction between suspects' declarations and objective records of telephone and computer activity}

MC: For Amanda Knox, were there incongruities of this type?

{Examiner asks if incongruities/contradictions existed for Amanda Knox}

MaCh: Yes, there were incongruities because Amanda Knox was, how to say, contradicted by Sollectio, and then she contradicted herself, if I may …

{Witness answers affirmatively, amplifying applicability both to Sollecito & Knox, but is interrupted}

GB: President, if we continue in this way, then we might as well do the old [trial] procedure.

{Giulia Bongiorno, Sollecito's lawyer interjects, objecting-subjectively to Court, but submitting no legal basis for her objection}

GCM: Excuse me, please.

{Court seems to politely rule GB out-of-order}

MaCh: The elements, these are [sic], Mr President, I don’t know how to do.

{Witness communicates uncertainty to Court}

MC: But it is so difficult, however.

{Examiner chimes-in apparently commiserating with her witness's uncertainty}

MaCh: Mr President, I really don’t know what to do.

{Witness seems to repeat statement addressed to Court, who possibly interrupts}}

GCM: Excuse me…

{Court seems to begin response to Witness, but is possibly interrupted}

MaCh: If I have to describe the investigation activity …

{Witness may be interrupting Court or is continuing Witness's unfinished statement to Court}

MC: He’s not referring to declarations.

{Examiner chimes-in with his opinion re Witness's reference to Defendants' contradictions/incongruities - GB's interjection seems to have side-tracked court procedure}

GCM: Regarding these declarations, you can report on this [sic. i.e. in this instance?], and with regard to Raffaele Sollecito, you reported – citing the telephone traffic and citing the use of the computer. There now, and this is one point. With regard to Amanda Knox, you cannot report the declarations. But you may, however, say – following these declarations – what type of investigations you carried out, and the outcome of these. So, following the declarations given by Amanda Knox, did you do similar investigations, as [those you did] for Sollecito Raffaele on the [phone] records? Or was there nothing to do, except to …?

{Court rules on subject of testimony re Defendants' declarations, seeming to rule admissibility of Sollecito's declarations re telephone traffic and computer usage, but inadmissibility of Knox's declarations. Court does seem to permit description of investigations that followed Knox's declarations, without describing Knox's actual declarations, and Court asks whether phone-record investigations similar to those done for Sollecito were done for Knox.}

MaCh: Mr President, all the necessary checks were made, but in that immediate moment the most important element … that is to say, in [this] place [NdT: i.e. “in this Court”], in this moment, in this place, that is to say, when they were … I said [that] when the arrests were made, I don’t, I don’t know how to do, however, the incongruity of the declarations with the facts that we had found, and with the declarations that Sollecito had previously given us, [this] was the most important element. I don’t know if I have managed to …

{Witness seemingly responding to Court that he doesn't know how to deal with the declarations, is interrupted.}

GCM: No, excuse me (overlapping voices). So, with regard to Raffaele Sollecito, we have
understood these checking activities were carried out on the declarations made, the verification activities carried out, and [that’s all] very well. With regard to Amanda Knox, if you also carried out … maybe there were no objective elements for possible checking, there were no … or else, there were activities carried out of …

{Court, interrupting over witness's testimony, seems to be explaining his Q to witness, but is interrupted by witness}

MaCh: Later, there emerged a series of further elements.

{Witness interrupts with statement re unspecified further elements}

GCM: Not evaluations on the congruity, incongruity, likelihood, these are evaluations and will be done, there you go, comparably. I’m thinking of the [phone] records, of the use, if she had given indications on the basis of which [you] could carry out investigative activity …

{Court seems to want evidence in Knox's phone records justifying further investigation.}

Here ends the Testimony Of Dr Chiacchiera covering the relevant Phone Records, elicited by the Prosecution.

Next comes the Testimony Of Dr Chiacchiera elicited by the Prosecution, covering Discovery of pornographic magazines at Sollecito’s house, Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife

Posted on 10/28/14 at 10:27 PM by Cardiol MDClick here & then top left for all my posts;
Archived in Evidence & witnessesOther witnessesTrials 2008 & 2009Massei prosecution
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Thursday, October 16, 2014

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #4

Posted by Yummi, Catnip and Kristeva



Inmate-chefs at Capanne Prison, from which Knox was making a bid for release

1. Getting Up To Speed On This Fourth Post

How much serious questioning was Knox subjected to prior to this voluntary interview six weeks after her arrest?

In fact, none. In the early days of November, after Meredith was found dead, she had several less-formal “recap/summary” sessions with investigators on possible leads (as did many others), which the defenses conceded without argument at trial were simply that and no more.

So these were the first serious questions put to Knox - politely, and Knox is essentially not argumentative throughout

The transcript was in the evidence pile and all judges except Hellmann seem to have studied it hard. This was also the first-ever interview of Knox by Dr Mignini, as prosecutor appointed to the case. He had seen her twice at the house and heard her at her strong insistence early on 6 November.

But they had never before really talked.

Prior to this, Knox had already emanated over a dozen differing versions of what she wanted to claim took place and the police and prosecutors and Supervising Magistrate Claudia Matteini had tried to make sense of those. 

2. Our Translation Of Approximately The Fourth 40 Minutes

This is the fourth 40 minutes of the voluntary interview which lasted in total about three hours. For a full understanding it would really be best to read (1) our first post and comment thread and (2) our second post and comment thread. and (3) third post and comment thread.

Transcript of Interview 17 December 2007: Statement of Interview Of Ms Amanda Knox (cont)

PM Mignini: After having talked, after you were heard at the Questura, did you go away or did you wait?

Knox: The first day I was questioned I was there for hours… maybe 14…

Interpreter: The first time it seems to her that she had been there a very long time, 14 hours

PM Mignini: But questioned

Knox: No, maybe they questioned me for 6 hours but I stayed at the Questura a very long time…

Interpreter: It must have been more or less 6 hours that Amanda was questioned but staying in the Questura must have been about…

PM Mignini: But was there… were you in the waiting room?

Knox: Yes the whole time together with everyone else we were there in the waiting room…

Interpreter Yes, yes together with the other ones

PM Mignini: And who were the other people?

[82]

Knox: The housemates, and later others arrived… After quite a long time our neighbors arrived, after a while some people Meredith knew arrived, her friends

Interpreter: Her housemates and then other people who arrived later, the neighbors after a while… and after, Meredith’s friends arrived, the people Meredith knew…

PM Mignini: But did you speak to them? Did you exchange any confidences?

Knox: Yes we were all there and I said “it appears that Meredith’s body was found in a closet”

PM Mignini: Who said that?

Knox: I remember talking to her friends and I remember telling them that it appeared the body had been found inside a closet…

Interpreter: She remembers having said it to Meredith’s friends

PM Mignini: But friends, who? You must tell us the name… a name even just the name…

Knox: I remember having talked to Sophie… But I don’t know the name of the other friends

PM Mignini: A certain Natalie? From London

Knox: The name sounds familiar but I don’t think I could recognize her face

Interpreter: She can’t tie the name to her face but…

PM Mignini: And what were you saying? What kind of comments were you making?

[83]

Knox: I told them what I knew, I told them that I had arrived home and found the door open, and told them what I knew…

Interpreter: She told what she knew that she had arrived home and found the door open

PM Mignini: Did you ever see, did you see in those moments the wound on Meredith’s neck?

Interpreter: Up to the moment?

PM Mignini: In that moment.

Knox: I never saw Meredith dead, I never saw her dead body…

Interpreter: No, she never saw her dead

PM Mignini: Ok, but was there anyone that night who said, anyone who said that she had died quickly? Did someone else say that she must have suffered for a long time… was there anyone who said this?

Knox: Nobody of the people I talked to knew what had happened…

Interpreter: No, none of the people she talked to said something… knew what had happened

PM Mignini: Did you come to know, did you ever come to know, and if yes, when, in what moment, Meredith had died… that is, if Meredith’s death was immediate or if it was prolonged, if there was a death agony… if yes, when did you find that out?

Knox: The only time when I heard of this was when Luciano [Ghirga] was describing the wound and how deep it was… What kind of wound it was and he said “maybe she died slowly because no big vein had been struck”

Interpreter: So, the first time you had heard talking about the wound and how she died… when was it with Luciano?

Lawyer: The morning of the 8th

[84]

PM Mignini: So, after the 6th…

Lawyer: The morning of the 8th

PM Mignini: The morning of November 8th

Lawyer: After the arrest validation [hearing]

Interpreter: And there she found out that no vital vein was directly struck and therefore…

PM Mignini: You say that she came to know on the 8th from the lawyer.

Lawyer: From the lawyers.

PM Mignini: From the lawyers, sorry.

Lawyer: We always came all together

PM Mignini: Either one or the other [of you] could have told her… so… [talking to Knox] I formally notify [for the record, a contradiction] that an Erasmus student and a colleague of this student, they said, on this past December 10th that on the night of the second in the Questura, while having… a girl called Natalie, I won’t tell you her last name but she… she was a friend of Meredith, she had noticed that you were talking at length with Sollecito, and at a certain point, in response to a comment made by one of these girls that they hoped Meredith had died without suffering, you instead said “ with those kind of wounds the death would not have come fast and that therefore Meredith must have died after a certain period of time”. I’ll reread it to you if you’d like, ok?

Knox: The police told me that her throat was cut, and what I know about that topic, I mean when they cut your throat, it is terrible and I heard that it’s a horrible way to die…

Interpreter: Yes the police had told her that Meredith’s throat was cut and what Amanda knew is that it’s an agonizing way to die…

[85]

PM Mignini: But this is something we found out after, we too found it out only later… not right away…

Knox: The police told me that her throat had been cut.

Interpreter: The police had told her that her throat had been cut.

PM Mignini: Who from the police? Excuse me I’d like to know… cutting the neck, it can happen in many ways, vital veins can be struck and might also not be struck, therefore one thing is about cutting the throat, and another is about the way how to cut it and therefore make it so that the death occurs instantaneously, or cause a death with agony. On the evening of the second, if it’s true, according to these results, on the evening of the second you knew that, with those kind of wounds, she must have suffered an agony… and the police didn’t know that…

Knox: I thought that a death by cutting the throat was always slow and terrible…

PM Mignini: The autopsy was made on the fourth, two days later

Interpreter: What she thought was that cutting the throat was always a slow death in general

PM Mignini: It’s not like that…not necessarily… anyway, who from the police told you about the neck wound? Tell us.

Knox: It was probably the interpreter…the first interpreter was the person I talked to the most… all information I had came more or less from him…

Interpreter: Probably the translator/interpreter

PM Mignini: Therefore, therefore he told you while you were being heard…

Lawyer: She was in there 12 hours

[86]

Knox: When I was in there I was talking to the police and they told me that her throat was cut… the whole conversation was between me and the interpreter. It was him who must have told me, a long time has passed but I think it was like that…

Interpreter: Directly from the interpreter, indirectly from the police

PM Mignini: So [it was] when you were questioned. Not before.

Interpreter: No, before she was questioned she didn’t know how she was…

Knox: No, when I was home the way she died…

PM Mignini: Before being questioned… you were questioned until 15:30, until what time have you been heard? You were being heard since 15:30, until what time were you being heard?

Knox: I don’t know it was a long questioning…

Lawyer: She had been heard in the presence of an interpreter, maybe the interpreter…

PM Mignini: It was D’Astolto… Fabio D’Astolto

Lawyer: The interpreter was present from the beginning or only from the questioning onwards?

PM Mignini: Yes, well he was a policeman acting as an interpreter, translating. Fabio D’Astolto. Assistant D’Astolto. When and how, in what terms did D’Astolto express himself, this translator what did he tell you?

Lawyer: When?

PM Mignini: When and what did he tell you

Knox: I don’t remember when but I asked him how she died

Interpreter: She doesn’t remember when but she asked him how she was killed…

PM Mignini: And he pointed out to you the wound on the neck. The wound on the neck and that’s all. Fine. This translator.

[87]

Lawyer: [to the Prosecutor] You referred to an Erasmus student who had said that on December 10th.  Ms. Natalie would have said this.

PM Mignini: Yes

Lawyer: And is the Erasmus student indicated [in the records]?

PM Mignini: It is indicated

Lawyer: Do we have a name?

PM Mignini: Capruzzi, Filippo and the other one is a certain, a colleague of his, Chiara, Maioli.

Lawyer: So it was two Erasmus students

PM Mignini: Two Erasmus students who confirmed this confidentiality from this English girl. Some… this is the December 10th hearing report… ok

Lawyer G. She clarified if she had talked with the interpreter, with someone before…

Lawyer C. We have clarified that the interpreter was not an interpreter but was a police officer who speaks English and that apparently was present from the beginning and therefore at this point…

PM Mignini: Wait.. one moment… did you, did you… did you see this person who was translating at the house?

Knox: No

Interpreter: No

PM Mignini: Perfect

Lawyer: She was approximately 12 hours in the Questura and at some time she heard the first… let’s call it questioning but it was a long time, and before the questioning she heard of this wound on the neck, is that right?

[88]

PM Mignini: During the questioning, you said before, during the questioning so much as this policeman translator was present, therefore… no I’m very sorry, who did you hear this from? The translator? The policeman

Interpreter: About the wound? The first time?

PM Mignini: The wound

Knox: I think so

Knox: The first time?

PM Mignini: Yeah

Interpreter: I think the interpreter the first time

PM Mignini: And it would be this D’Astolto… so this D’Astolto told you, please excuse me you told me this “it was D’Astolto” now… therefore this D’Astolto told you this during the course of the questioning?

Knox: I think so…

Interpreter: Yes, she thinks so

PM Mignini: Ok, one more thing, so the… you did, the morning of the… actually no, the night between the fifth and the sixth of November, you did, let’s say partially modify your previous declarations, so then you modified your previous declarations and you made a specific accusation against Patrick Dia Lumumba known as Patrick. You said that you were supposed to meet with Patrick, that you met with Patrick at the basketball court of Piazza Grimana, that you went to Meredith’s house, to your house, and then he had sex with Meredith, then you heard a scream and you accused him even if in terms you say “confusedly” of killing Meredith. Isn’t that so? Why did you make this accusation? … Now remember, I was hearing you, I was present, you were crying, you were

[89]

profoundly upset, and you were as if relieved when you made this statement.

Lawyer: Maybe she was stressed?

PM Mignini: Well, stressed or not, in any case she was very   she made these declarations

Lawyer: You asked her a question “Why did you make these declarations”?

PM Mignini: Well I also have to…

Lawyer: Eh these are opinions

PM Mignini: I am saying that you made a declaration not in a detached way, in other words in a very involved manner, why did you make these statements?

Knox: I was scared, I was confused, it had been hours that the police that I thought were protecting me, and instead they were putting me under pressure and were threatening me.

Interpreter: She was scared, she was confused, it had been hours that the police were threatening and pressuring her.

PM Mignini: Yes, tell me, go on

Knox: The reason why I thought of Patrick was because the police were yelling at me about Patrick… they kept saying about this message, that I had sent a message to Patrick…

Interpreter: The reason why she thought of Patrick was because the police was asking her who was this Patrick to whom she sent, with whom there was this exchange of messages, they were asking her insistently.

Knox: That was the worse experience of my life

Interpreter: The worse experience of her life

[90]

Knox: I had never been more confused than then

Interpreter: She had been so confused or scared

PM Mignini: But in the following memoriale [spontaneous statement around noon 6 November] that you wrote before going to prison, basically you don’t retract this accusation. Even if in terms, still in terms let’s say of uncertainty, between dream and reality, in other words in such a way … still you didn’t … I believe that in this memoriale you say “I still see this image in front of me” and then you see yourself while hearing it, you say that in that first memoriale you wrote “you hear Meredith’s screams and you put your hands over your ears”. Why do you have this image? Your ears… the scream… it’s not like it’s changing much after all isn’t that so?

Lawyer: No, but she says she was very confused… she was under a lot of stress

PM Mignini: Yes, but why does it basically remain the same, this one…

Knox: Yes, I imagined these things…

Interpreter: Imagined this scene

Knox: I was so scared and confused

Interpreter: I was so scared and confused

Knox: that I tried to imagine what could have happened. The police told me that I was probably not remembering well. So I thought of what could be another answer and therefore I imagined it…

Interpreter: She tried to think of what could have happened since the police was saying that probably she didn’t remember well. And therefore she imagined this scene, trying to think how it could have happened

PM Mignini: Well, you, I just tell you, I tell you only that this Dia Lumumba, this Patrick, only comes up in your statements, he wasn’t, he has never been indicated previously in the slightest, I mean why did you, why did you almost feel…

[91]

...forced to, so you say, to give this name? While this name had never been, you had never mentioned him previously… in the statements of the 2nd, the 3rd…. Why only at a certain point di this Patrick pop up? I’m telling you, do you realize… excuse me, eh? … excuse me….

Knox: They were telling me “why did you send this message to Patrick, this message to Patrick!”

Interpreter: Because they were always insisting about this message to Patrick and because…

PM Mignini: Well because there’s the message so [it’s] the message but it’s just that, it’s not that there was an attitude, I mean it’s not like there was any reference to a message according to what emerges from the statements. In fact there was a message that you… since there had been an exchange of messages right before the time of the murder between you and this person it’s normal that the police would want to know why, what this message meant, this… therefore it’s not something… why did you threw yourself in this kind of… ? While you had, you had the possibility to…?

Knox: Because I thought that it could have been true

Interpreter: Because she thought it could have been true…

PM Mignini: It could have been true?

Lawyer: Why?

Knox: When I was there, I was confused…

PM Mignini: [to the lawyers, ed.] No, no, excuse me, at this point no, I’m sorry. Not the lawyers. The defense can intervene against me but against the person investigated…?

Lawyer Ghirga: But there was no question… Prosecutor there was no question

PM Mignini: It could be true. What does it mean?

[92]

Lawyer Ghirga: There was no question

PM Mignini: What? I am asking the question.

Lawyer Ghirga: Then ask it.

PM Mignini: What does it mean, how ‘could it be true’? What?

Lawyer Ghirga: What could be true?

PM Mignini: Excuse me, lawyer

Lawyer Ghirga: It’s like the phone call with her parents

PM Mignini: What could be true

Lawyer Ghirga: It’s like the phone call with her parents

PM Mignini: …Lawyer Ghirga… what…?

Lawyer Ghirga: [seems to Knox] What do you want to say then? Let’s ask her…

PM Mignini: Excuse me, I am asking the questions, I am asking them now

Lawyer Ghirga Yes of course

PM Mignini: Then after you can… I am asking her…

Lawyer Ghirga: Yes of course, we will ask them too…

PM Mignini: Lawyer… she is saying “it could have been true”…

Lawyer: What?

PM Mignini: “it could have been true”. She was telling me why did she accuse Lumumba of this fact? “It could have been true” is what she answered. Gentlemen, here…

Knox: I said it because I imagined it and I thought that it could have been true…

Interpreter: She said because she had imagined it and therefore she thought it could have been true.

[93]

PM Mignini: Look, listen… listen, why did you imagine it?

Knox Why?... Because I was stressed

PM Mignini: Why didn’t you imagine…

Lawyer: No she was answering

PM Mignini: Yes; what did you want to say?

Interpreter: Because she was under stress…

Knox: Knox: Why? I was stressed, I was scared, it was after long hours in the middle of the night, I was innocent and they were telling me that I was guilty

Interpreter: Because they were saying that she was guilty

PM Mignini: Who was saying it? Guilty who’….

Interpreter: After hours…

Lawyer: Excuse me, prosecutor, if we can correctly compile this translation, these words that were said in English at the right moment

PM Mignini: She is crying, we acknowledge, I’m sorry, we acknowledge that the… investigated is crying.

Interpreter: Because she was stressed, scared under pressure after many hours, she was… in the middle of the night, they had reached the middle of the night and because they were saying that Amanda was guilty.

PM Mignini: Who was saying that she was guilty?

Interpreter: The police

Lawyer: The police was accusing her

Interpreter: The police was accusing Amanda

[94]

PM Mignini: Why… why did you accuse Lumumba and not others? How many people did you know who could…

Knox: Because they were yelling Patrick’s name…

Interpreter: She accused Patrick and not others because they were always talking about Patrick, suggesting…

PM Mignini: The police, the police couldn’t suggest…

Interpreter: Yelling Patrick’s name

PM Mignini: Excuse me, what was the police saying?

Interpreter: What did the police tell you?

Knox: The police were telling me that ‘we know that you were at the house, we know that you left the house’, and the moment before I said Patrick’s name they put.. someone was showing me the message that I had sent on the phone

Interpreter: The police said that they knew that Amanda was inside the house, and when she went in, when she went out, that she was inside the house, and while they were asking her this someone showed her Patrick’s message on the phone.

PM Mignini: But this is… But this is normal. You… there was this message… I’m sorry, I’m very sorry. There’s a murder here. There’s a girl whose throat is slit, there was a phone number, there was a call that had been made, you were being heard. There was a call that had been made to you on the night of the murder from this person, you replied to this call in a way that could have been interpreted, according to the meaning in Italian “will see you”. Eh, so what is more normal than to insist? The police are doing their job. They insist to know, what did that mean, what was the, what relationship was there between you and Lumumba. This is normal.

[95]

Knox: I didn’t understand why they were insisting that I was lying… they kept telling me that I was lying…

Interpreter: She didn’t understand why they were insisting that she was lying.

PM Mignini: Why are you…?

Interpreter: The police was insisting that she was lying.

PM Mignini: But why did you accuse, then if it was like this….  Again you are, you are crying again, for a long while since you started, I put in the record, I put in the record that… it’s been ten minutes that you have been crying. Why did you accuse a person that, today, you’re telling us he is innocent, but earlier you just told us “it could be true” what does “it could be true” mean? You have told me “it could be true”.

Lawyer: The subject is missing

PM Mignini: No the subject is there, because I asked the question. Why did you accuse Lumumba?

Lawyer: Can we suspend a moment please?

PM Mignini: What reason?

Knox: It means that in the moment when I told Patrick’s name, I thought that it could have been true.

Interpreter: In the moment in which she said Patrick’s name, in that moment, she thought it could have been true.

Lawyer Ghirga: We ask for a suspension… she is calm, you say she is crying, and we think she’s not.

PM Mignini: I put that in the record it because I could see the tears, she was crying and I could hear her too.

[96]

Lawyer: It was not ten minutes long

PM Mignini: Well, even more, maybe

Lawyer: maybe, no less

PM Mignini: Let’s interrupt, break off.

Lawyer: You asked her six times…

PM Mignini: For Heaven’s sake, let’s interrupt, break off.

(interruption)

[from this point on Amanda declares her right to remain silent]

PM Mignini: So, at 15:12 lawyer Luciano Ghirga resumes the interrogation

Lawyer Ghirga: In the name of the defensive collegium we submit a reason to confer personally, privately, we mean alone together with our client, for a time not longer than ten minutes.

PM Mignini: So, the Public Prosecutor is pointing out that the interrogation had already been suspended and it’s 15: 13 now, pointing out that the interrogation was suspended several times, and the last time for, how long? Ten minutes on request of the defence, and the defence will be allowed to fully have counsel with the person under investigation at the end of the interrogation. [The Public Prosecutor] orders to proceed, orders to go forward with the investigation procedure. So now I would like…

Lawyer Ghirga: If you may, ask to the suspect, to the person under investigation, whether she intends to go on or to invoke her right not to answer…?

PM Mignini: This is a… it’s a… it’s a… she decided to answer questions at the beginning. Now if she decides to make a statement where she says “I don’t want to answer any more” she’ll be the one who says it, and it’s not that I must ask now, that question was done at the beginning of the interrogation. If now she wants to say…

Knox: I prefer not to answer any more…

[97]

Lawyer Ghirga: What did she say?

Interpreter: She doesn’t want to answer anymore.

PM Mignini: So, at this point, at 15: 15, on a question asked by the defence lawyers, about whether the person under investigation intends to go on answering or not…

Lawyer Ghirga: To your questions

PM Mignini: To a question by lawyer Ghirga… yes, well, Lawyer Ghirga asked her that

Lawyer: He didn’t first ask the question

Lawyer Ghirga: But what question did I ask?

Lawyer: We told you to ask her…

PM Mignini: Yes, you asked me, and I did follow the request. But…

Lawyer Ghirga: She made a declaration, and we took note, unfortunately, about forbidden suggestions… but on what request…?

PM Mignini: Now at this point, at 15: 15 the defence lawyers… Let’s put like this, the defence lawyers ask this Prosecutor about whether he intends to ask the person under investigation if she intends to go on answering questions, but then, after my decision, Lawyer Ghirga said…

Lawyer Ghirga: Who said? You said

PM Mignini: You asked her, I put in the record what happened, it’s recorded anyway, this is what I perceived you asked her, and she answered “I do not intend to answer”, she said, and then the interpreter…

Lawyer Ghirga: I asked whether she intended to make a statement, and she made a statement

PM Mignini: You indicated that to her, it changes nothing, doesn’t change… I must only put in the record what happened. The public prosecutor points out that…

[98]

...the warning about the right not to answer was explained to the person under investigation at the beginning of the interrogation, as provided by the Code, and that same [person under investigation] declared she wanted to answer. It is not possible now to invoke the duty to inform the suspect about her right, because such requirement has been already fulfilled. Anyway the person under investigation can, if she decides to, declare that she doesn’t want to answer any more. Such option has been shown to the person under investigation by lawyer Ghirga.

Lawyer: ...by the defence lawyers

PM Mignini: By the defence lawyers, to the person under investigation. What do you want to do?

Lawyer: What do you mean by “It was shown?”

PM Mignini: It was shown, because you said… I need to put in the record what happened. The lawyer… Facing my warrant which I described, the notice was provided at the beginning of the interrogation as the code requires. She said “I want to answer, I do not intend to invoke my right not to answer”. That answer had been given already, I informed her, and she answered. Now to this, at this point, however, I said nothing prevents her from wanting, from declaring “at this point I do not intend to answer any more”. I put it in the record and I don’t ask why, at that point, at that point.

Lawyer: You should not put in the record “the defence lawyers have shown…”

PM Mignini: “at that point”

Lawyer: We did not show anything, we asked to be allowed to, well… and you said no.

PM Mignini: So… lawyer, lawyer?

Lawyer: And you said no, and we didn’t have the possibility to show her…

[99]

PM Mignini: Lawyer Ghirga… Lawyer Ghirga…

Lawyer: that she might invoke her right to not answer. It’s not that it’s we who’ve shown this possibility this is what I want to explain…

PM Mignini: Lawyer Ghirga told her something, so…?

Lawyer Ghirga: No, no, I only said, if you could give us a ten minutes suspension

PM Mignini: You told her something, now come on… I need to put that on record

Lawyer Ghirga: what did I say…

PM Mignini: You have shown, I don’t know if the other lawyer did too, you told, Lawyer Ghirga, you told the person under investigation about… You said, if you can, if I remember correctly,  we’ll hear her again…

Lawyer Costa: It was me who told her, Mr. Prosecutor

PM Mignini: So I understood Lawyer Ghirga… Lawyer Giancarlo Costa declares he explained that, I didn’t say anything else

Lawyer Costa: ... To Ms. Amanda Knox to use her right to invoke her right not to answer

PM Mignini: ... And she herself declares so, she is supposed to declare what she wants

Lawyer: She has already said that

PM Mignini: Let’s repeat it since with this superimposition of voices… the interpreter will translate faithfully word-by-word what you say.

Knox: At this point I don’t want to answer any more

Interpreter: At this point she doesn’t want to answer any more

PM Mignini: So “at this point I don’t want to answer any more”. We put on record that the current transcript was recorded entirely.

[100]

Lawyer Costa: Mr Public Prosecutor, we lawyers may renounce to our own time terms of deposit if Your Honour would give us a copy

PM Mignini: Yes, no problem… at 15: 22. The parties demand a transcription, I mean the defence lawyers request the transcription of the recording.


Sunday, October 05, 2014

The Knox Interrogation Hoax #14: The Third Opportunity Knox Flunked: The Mignini Interview

Posted by The TJMK Main Posters



Prominent Rome criminal lawyer Dr Giancarlo Costa who walked off the Knox team soon after this

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

As you will have seen in previous posts, Knox’s team pussyfooted about without conviction in the few brief instances when the 5-6 November session was discussed. In the Mignini hearing of 17 December 2007 they eventually advised her it would be in her best interests to shut up.

3. The Four-Post Translation Of Knox’s Interview By Dr Mignini

The translation of this interview by Dr Mignini at Capanne Prison was done by Catnip, Yummi and Kristeva. It is carried in full in these posts.

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #1

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #2

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #3

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #4

This interview was sought-after by Knox, possibly seeing this as her last best chance to get herself off the hook and to avoid remaining locked up.  This lasted about three hours, until Knox’s lawyers interrupted to got her to clam up.

Despite the many false claims about “interrogations” to the contrary, this was Knox’s first-ever in-depth interview. It was also the first-ever interview of Knox by Dr Mignini as prosecutor appointed to the case - as we have shown he asked Knox no questions on 5-6 Nov.

All of the trial judges and appeal judges and lay judges had clearly studied this document hard. Also prosecutors and the Knox and Sollecito defense counsel periodically refer to it.


Friday, August 15, 2014

Legal Timeline Of The Main Case, On Which The Next Ruling By Supreme Court Could Be Final

Posted by catnip



Cassazione (Supreme Court of Italy) seen from the east across the Tiber River


Todays Status

The Supreme Court is due to rule, possibly in the autumn, on what might be the final appeal by Sollecito and Knox on grounds which have not been published. Main steps prior to this:

November 2007

Meredith Kercher is found violently killed in her home while studying abroad in Italy. Her housemate, Amanda Knox, and Amanda’s friend Raffaele Sollecito, as well as Amanda’s boss, Patrick Lumumba, are arrested. A fourth person, Rudy Guede, is tracked down and also arrested. Patrick Lumumba’s alibi is confirmed and he is released.

December 2007, January 2008

Due process hearings authorise the continuation of preventative custody for the suspects, on the grounds of flight risk and possibility of tampering with the evidence.

October 2008

Preliminary Hearing Court, Perugia, Micheli presiding – after investigations have completed, the committal hearing finds there is a case to answer and remands Amanda Knox and Raffaele Sollecito to stand trial on the charges of :

    (A) aggravated murder in company of Meredith Kercher
    (B) illegal transport of a knife from Raffaele Sollecito’s apartment
    (C) aggravated sexual assault in company of Meredith Kercher (later folded into charge (A), on the grounds of being part of the same criminal event)
    (D) illegal profiting by possession, to wit: of a sum of money approx. €300 and of credit cards belonging to the victim, and her mobile phones
    (E) simulation of a crime, to wit: staging a break-in in Filomena Romanelli’s room
    (F) Amanda Knox, in addition, calunnia, for falsely claiming, knowing him to be innocent, Diya Lumumba also called “Patrick”, of being the author of the murder

Rudy Guede is tried summarily “on the papers”, as he has requested the expedited trial procedure (“fast-track” trial) and is found guilty of charges (A) and (C), and not guilty of the theft, charge (D), and sentenced to life, automatically discounted to 30 years for choosing the expedited trial procedure.

December 2009

On appeal to the Court of Appeals, Perugia (4/2009, on 22 December 2009), his sentence is reduced to 24 years, automatically discounted to 16 years, the aggravating factors of the charges not being found by the court. His final appeal, to the Supreme Court of Cassation, First Criminal Section, is rejected (7195/11, hearing of 16 December 2010, reasons handed down 24 February 2011).

December 2009

Court of Assizes, Perugia, presided over by Massei – finds Amanda and Raffaele guilty of all charges (except the theft of the money and credit cards) but without the aggravating factors applying, and sentences them, with mitigating factors included, to 26 years for Amanda, and 25 years for Raffaele (the extra year for Amanda being for the calunnia).

October 2011

Court of Appeals of the Court of Assizes, Perugia, presided over by Hellmann (after a last-minute replacement) – trial convictions quashed, except for the calunnia charge against Amanda (charge (F)), where sentence was increased to time served (3 years); both prisoners released (4/2011, decision 3 October 2011, reasons handed down 5 December 2011).

March 2013

The Supreme Court of Cassation (25/3/2013) found the acquittals on charges A&C, B, D, and E to be unsafe, and annulled that part of the decision, remanding the matter to the Florentine jurisdiction, as per the usual cascade rules, for a fresh determination, and rejected Amanda Knox’s appeal on the charge (F) conviction and sentence.

January 2014

Court of Appeals, Second Chamber, Florence, presided over by Nencini – trial convictions on the non-calunnia charges upheld, therefore sentence increased to 28 years and 6 months for Amanda (11/13, decision 30 January 2014, reasons handed down 29 April 2014). All convicted parties to pay the relevant compensation to the various injured parties. Appeals to the Supreme Court of Cassation have been lodged.

Associated Timelines

See the posts here and here on the timing of events arrived at by the trial judges.


Friday, July 04, 2014

The Status Of The Various Computers In The Case And Whether Anything Nefarious Happened To Them

Posted by Sallyoo



Trial court 2009 on one of several days computer and internet activity was testified to

1. Computer use as high-stakes evidence

There have been many arguments about computers during the case.

They began at the very beginning, and there is even now, in the final appeal by Sollecito to the Court of Cassazione, one remaining somewhat fantastical theory.

The facts surrounding the computer evidence collected by the prosecution have been obfuscated and contradicted by the defence using exactly the same techniques as have been used about the DNA and other forensic evidence in the case.

Blind the court (and the public) with hypotheses which very few people can follow, and use this ignorance to spread confusion and doubt.

Let’s try to shed some light.

2. Five key computers, plus

We know that Sollecito is pretty familiar with computers, he had two at the time, a MacBook and an Asus [1],  both portables.[2]  His apartment had a decent broadband connection, supplied, (using the Telecom Italia infrastructure) by Fastweb.

We know that both of these computers were sequestered from his apartment on the morning of Nov 6 2007, when Sollecito accompanied a squad of policemen despatched to search his apartment.

We know that the police removed, (on Nov 7), from the house in Via Della Pergola (where there was no telephone nor broadband service) a MacBook belonging to Meredith, a Toshiba belonging to Knox, and a portable computer belonging to Laura Mezzetti.

The police also took an HP portable from Lumumba’s apartment.

There is even another computer which the police already had possession of, and that is a Sony portable belonging to Filomena Romanelli. This computer Filomena herself had taken away from her bedroom shortly after the discovery of the murder, and which the questura, in the evening of Nov 2, required her to hand over to them because it formed part of the ‘crime scene’.

3. The police HD analysis begins

On Nov 13 a postal police technician (Marco Trotta) received a box containing five computers (two from Sollecito, Knox, Meredith and Lumumba).

On Nov 15, in the presence of Formenti, (a consultant nominated by the defence) Trotta took them apart (removed the hard disks) and attempted to make copies of the data recorded on them.

This is the point at which it is alleged the destruction of three hard disks occurred.

It is difficult to believe that this is the case. Not only because the equipment used had never before (or since) managed to trash a hard disk (and it had no problems with Lumumba’s disk) but also because of the state of Filomena’s computer, which never got anywhere near Trotta.

All of the computers had of course been in the hands of the squadra mobile for some days before being consigned to Trotta, allowing for the possibility of some earlier interference by some malfeasant policeman.

This isn’t likely, not only because Trotta insists that the computers were complete and superficially undamaged, and the hard disks factory sealed when he dismantled the computers, but also because of Filomena’s computer.

4. Filomena’s Sony machine

It is now time to go a little deeper into the history of Filomena’s Sony.

This was a fairly new machine, which she kept in a substantial computer carrying case. It was working perfectly on Oct 30 when she last used it. She had left it in her bedroom, the case standing upright beside her bed, when she went off to spend the brief holiday with her boyfriend.

She found it, still in the carrying case, lying flat in a pile of stuff under the broken window of her disturbed bedroom. [3]

The defence commissioned a Computer Expert Report, entered during the Massei trial, which talked about the reason for the data being irrecoverable on the three computers’ disks.

Their conclusion was that the electronic circuitry controlling the hard disks had, in all three cases, suffered damage, most probably due to an electrical overtension. The circuitry had been ‘fried’.

They were unable to be certain how or when this might have occurred, or to opine on whether it was deliberate.

Filomena, in the presence of Gregori, (another communications police officer), at the Questura on the evening of Nov 2 attempted to turn on her Sony. It wouldn’t work. The hard disk would not respond properly.

When she got it back on Dec 18 and gave it to a private computer technician, he said the control circuitry on the hard disk is ‘fried’. Exactly the same fault as had occurred on the other three, which we are expected by th defense to believe was either a deliberate piece of police sabotage, or proof of police incompetence.

5. The Sollecito computers

The important computers, of course, are those owned by Sollecito because he is, even now, still trying to force an alibi out of them.

The MacBook has been accurately interrogated to death, most particularly by a defence expert named Antonio d’Ambrosio who gave very clear testimony at Massei on 26 Sept 2009.

He was even generous enough to acknowledge that the investigations carried out by the postal police were correct, and well interpreted, and that he was able to uncover a little more information simply because he wasn’t limited by forensic protocols (and could therefore reveal information not visible to the Encase software used by the police) when he examined a copy of the cloned disk from the Mac.

Basically the only ‘news’ in this interesting testimony was an interaction with the Apple website at 00.58 on Nov 2, which he did consider a human interaction with the computer. 

6. Activity on the Internet

Sollecito maintains he spent the whole evening and night in his flat. At first his story was that he was sending e-mails and surfing the web. This was quickly demolished by reference to the IP log supplied by Fastweb, the broadband supplier.

It’s necessary to get slightly technical here.

Most of what we call The Internet, and certainly everything which is called The Worldwide Web, including e-mail clients, subscribe to a protocol which (in shorthand) means everything is a Port 80 request.

The individual computer, via its router, contacts the ISP (Fastweb, in this case) and identifies itself by means of a unique IP address. The ISP then directs the communication to the IP of the website requested.

This is all recorded on the Fastweb network. It is certain that no Port 80 requests were made from Sollecito’s apartment (whichever computer he may have been using) between 18.00 on Nov 1 and 00.58 on Nov 2. 

There are parts of the international communications network which don’t use Port 80 protocols. The most ‘innocent’ of these are Peer to Peer (P2P) networks – in widespread use for distributing and downloading music and video files.

Sollecito certainly availed himself of these services, using a program called Amule on his Mac. He had a folder containing downloaded files, which was accessible to the program, and thus also accessible to anyone in the world who wanted a copy of something which Sollecito had in this shareable folder on his computer.

If he wished to save the file for posterity, he would move or copy it from this accessible folder into his own archive.

Video files are large, and they take a long time to download. Clearly, to download a file, or to make your publicly accessible folder available, the computer has to be turned on and connected to a router.

If you use these file sharing services extensively, it implies that you keep your computer turned on and connected all the time. It seems likely that this was Sollecito’s habit.

Clearly, you need to automate this sort of transfer – often a large file will be accessed in part from one remote computer, and another part will be located on another remote computer – so you simply instruct Amule to get you a film, or a list of films, and you can walk away from the computer.

Even D’Ambrosio is unable to be certain that a human interaction occurred at 21.26 on Nov 1, or whether a pre-requested download of Naruto commenced.

However, no IP addresses are exchanged when connecting to a P2P network, and so it is impossible (from ISP records) to trace any traffic.

It is possible though, from the hard disk, to discover what has been downloaded and saved to a computer on a P2P network, and exactly when – but to distinguish an automated process from a user instigated one is not possible.

7. Computers and Hellmann appeal

Now we move onto the Hellmann appeal, where a report from this same consultant D’Ambrosio was accepted into the case files. I haven’t been able to find this report, and Judge Hellman doesn’t even refer to it in his sentencing report.

However, the gist of this D’Ambrosio report is included in the current ricorso (appeal) from Sollecito to the Court of Cassazione.

8. Computers and Cassation appeal

We hear a bit about screensaver behaviour, and quite a lot about post Nov 1 interactions overwriting earlier actions.

The major ‘fresh’  theory now depends on asserting (more than four times in the ricorso) that the postal police destroyed Sollecito’s Asus, and that this action has meant that Sollecito’s alibi cannot be proved.

The lack of any signs of interaction on the Mac can be explained (so we are informed) by the Mac and the Asus being networked together, using a file sharing utility named Samba, and if the (broken) Asus could have been accessed it might have shown that it had been controlling the Mac.

So the Mac would have been doing things at the command of its owner, but because the owner was interacting with the keyboard of the Asus rather than that of the Mac, these actions are undetectable on the Mac.

This is what we are now being asked to believe.

9. Conclusion and way forward

I think this is an accurate summary of the relevant parts of ‘computer evidence’ discussed, or deposited, during the hearings and in the ricorso.  I look forward to any comments, clarifications, corrections, but above all, to any new theories about how and when the four hard disks got trashed.

From other sources there are an additional two hints at possible new or ignored evidence:

The BBC reported, on 14.03.2009, the following sentence. “A second computer belonging to Mr Sollecito also showed no activity but the suspect had himself admitted it had been broken before the crime was committed.”  [4]

And then we have Sollecito, in his prison diary of 11.11.2007, being rather more than aware that his computer is not going to be useful to him as an alibi.

I have been very anxious and nervous in the last few days, but to see my father who tells me “do not worry, we will get you out” makes me feel better. My real concerns are now two: the first one derives from the fact that, if that night Amanda remained with me all night long, we could have (and this is a very remote possibility) made love all evening and night only stopping to eat… it would be a real problem [casino] because there would be no connections from my computer to servers in those hours…

No connections in those hours? Hmmm.

10. My references

[1] This computer is sometimes referenced as an Acer. In Trotta’s testimony (he is reading from notes) it is listed as an Asus, so I have used this name. There is only one computer whether it’s an Asus or an Acer.

[2]  There is a reference to a non portable computer in Sollecito’s apartment (in the testimony of Popovic). This is the only mention of any non-portable (i.e. desktop or tower cased machine with separate monitor).  Given the position from which Popovic saw the screen (on a desk, with Knox sitting in front of it) it seems likely that she was mistaken.

[3]  Amanda Knox frequently refers to seeing Filomena’s computer on her desk after the ‘break in’. At one point in her testimony she changes her mind and corrects herself to change the computer to camera.

[4]  http://news.bbc.co.uk/2/hi/uk_news/7943828.stm I have not found another source for this comment.


Thursday, January 30, 2014

Appeal Session #10: After Defense Remarks Panel Of Judges Reaches Its Decision: BOTH GUILTY

Posted by The TJMK Main Posters




Verdict: Both are confirmed guilty

The Massei verdict is upheld. The sentences are 25 years for Raffaerle Sollecito and 28.6 years for Amanda Knox. Sollecito is to have his passport taken away.

For Knox they could issue a worldwide Interpol Red Notice for immediate arrest around the world, even before going for extradition, to stop her dishonest self-serving blabberings. 

Take a look at our conjectures down the bottom of this post on the judges’ deliberations. Looks like we got One, Two and Four right and Knox will be named in the judges report as the prime instigator.

That will hardly help her resist extradition. And it will please Guede and Sollecito, who both always hint at that.

To CNN: yet again this is NOT double jeopardy. Read the extradition treaty. It was ONE valid trial (2009) and now ONE valid and failed appeal (2014). Not two trials.

Tweets from our main poster Machiavelli

26. All these many thanks are so warming and comforting; I’m glad my contribution was useful among the many others.

25. No measure taken for expatriation of Knox because she is a US citizen currently in her own country.

24.  Passport withdrawn for Sollecito and movement restriction within the boundaries of the state of Italy.  No restriction for Knox.

23.  Ruled that Knox’s royalties belong to Lumumba,

22.  Accessory penalties/settlements: established Knox stinks, ordered Dalla Vedova to change jobs… (!)

21.  Her calunnia sentencing has been increased from 3 years (Hellmann-Zanetti) to 3 years and 6 months.

20. To be more precise: Knox has been sentenced to 28 years and 6 months. (She has already served four years).

19. Massei sentence confirmed (25y), Knox sentence increased to 28 years because of calunnia aggravation

18. Bongiorno very agitated

17. Five minutes and a half from a verdict?

16. Judge declared the verdict will be 3D and distributed goggles [?]

15. Sollecito was in the courtroom. Appeared nervous.

14. Said because of the greatness of their power they should acknowledge reasonable doubt.

13. Ghirga emphasized discretional power of the court. Said they have big power to acquit.

12. In point of law: Ghirga said evidence must be considered as a whole in compliance with SC, but assessment should find reasonable doubt

11. Said no blood on knife because of negative TMB and blood confirmatory tests.

10. Ghirga: cited the claims about picograms, said amount is not the point, the problem is test repetition and other conditions

9. Says bruise at back of head is compatible with frotal fight against single aggerssor (disagreement with Introna on this too)

8. Ghirga: Meredith’s blue sweater was removed before fatal stabbing, as for Torre’s opinion. Admitas he disagrees with Sollecito’s defence.

7. Ghirga talked about: Meredith’s blue sweater, an echimosis at back of her head, DNA laboratories and Stefanoni’s quantization

6. Ghirga recalled a small number of details of physical evidence and autopsy.

5. Dalla Vedova asked acquittal, did not specify, whereas Ghirga instead, talking later, invoked reasonable doubt.

4. D.V. says believes there are other Supreme Court rulings in his favor.

3. D.V. emphasized the single pieces of evidence should be assessed each one in parceled out, atomized way before considering the whole

2. DV focused on evidence assessment procedure, quoted SC rulings.

1. Dalla Vedova’s talking lasted a short time, and not very orderly.

Tweets from reporter Barbie Latza Nadeau

28.  Court: Amanda Knox Is Guilty. See more in The Daily Beast.

27.  Kercher family members being briefed by lawyers and British consulate.

26.  Sollecito must surrender all documents, passports, identification,

25. Its 25 years for sollecito and 28.6 years for amanda knox

24.  Amanda Knox [2009] guilty verdict upheld,  sollecito [2009] guilty verdict upheld.

23. Judges and jury enter.22. Huge security presence ahead of verdict including riot police outside and in public area of courtroom amandaknox tense

21. meredithkercher sister stephany and brother lyle have arrived in court for verdict.

20 Prosecutor Crini has arrived in court for verdict in amandaknox appeal

19. Clerk says between 9-930 local time judges will return. Says judges want “utter silence no shouting or clapping”

18. Court clerk says verdict will be delivered between 9 and 9:30 tonight.

17. Amanda Knox ‘Afraid’ Of Today’s Court Verdict http://thebea.st/LeteHD  via @thedailybeast

16. Court clerk says at 8pm she will go back to judge to find out if and when they are ready to deliver verdict.

15. Court clerk says “presumably verdict at 8:00 but everyone come back at 7:00

15. Court clerk just announced that at 6pm local they will tell us when the verdict will be announced.

14. Mario Spezi, author of Monster of Florence, has come to court to hear amandaknox verdict.

13. Lawyers for amandaknox and sollecito, journalists already in courtroom ready for verdict that come come any time from 5pm Florence time.

12. Lunch has just been brought in to judges and lay jury deliberating amandaknox case. No wine.

11. Refreshments just delivered to jury members in amandaknox new appeal, espresso, cappucino and possibly a tea…

10. Judge in amandaknox new appeal says decision will not come before 5pm.

9. amandaknox lawyer asks court to absolve his client.

8. amandaknox lawyer says the dna on the knife attributed to meredithkercher can not be verified, can not be considered.

7. amandaknox lawyer Ghirga tells court they have to look at all the evidence to reach verdict, not value pieces here and there.

6. amandaknox lawyer says you can’t put two innocent people in jail to cover up mistakes of judicial system.

5. amandaknox lawyer tells judge: you cannot convict for murder in the name of Italy when evidence is ‘probably’ attributed to a defendant.

4. amandaknox lawyer says you can’t cancel out evidence, says Amanda’s rights were violated, she was in shock when she accused Lumumba.

3. sollecito in court by his dad who said they are all nervous for verdict over drinks with journalists at hotel bar last night.

2. amandaknox lawyer CDV says they are serene going into verdict because they believe in her innocence,

1. Court in session. One of the jurors wearing a shiny spangled skirt, rest dressed soberly.

Tweets from Freelance Reporter Andrea Vogt

13. Meredith Kercher’s brother: It was the best we could have hoped for, but amanda knox verdict not cause for celebration.

12. amanda knox guilty verdict upheld. Her lawyer Carlo Dalla Vedova said he has called her. She did not cry. She was “petrified.”

11. amanda knox conviction upheld. sentenced to 28 years and six months. Sollecito to 25. Ordered passports to be taken.

10. Meredith’s sister and brother are accompanied by British consulate officials. A hush has come over the courtroom.

9. The family of meredith kercher has arrived in court to hear the verdict.

8. Even most experienced Italian court reporters not predicting what long wait for amanda knox verdict means. Could go either way

7. amanda knox verdict is expected at 9 or 9:30. Clerk reminds about the decorum expected:no applause, shouting, cheering, etc

6. Standing room only in Florence court as media, legal teams, public await amandaknox verdict (timing soon to be announced).

5. Judge and jury in amandaknox case have retreated for deliberations. Verdict not before 5 pm Italy time.

4. amandaknox Judge : we will not give a verdict before 17, after that,can come any time, but will announce with lots of advance notice.

3. Ghirga: We wait anxiously and seriously for justice for Meredith. But doing justice means doing it also for amandaknox and RS.

2. amandaknox lawyers are in court. Ghirga: “siamo fiduciosi, serene, emotionati.” (Roughly: “Trusting, calm, on edge”).

1. Verdict expected late today in amandaknox appeal….

Freelance Reporter Andrea Vogt On Website

From The Freelance Desk

Amanda Knox is expected to wait out the verdict in her appeal at her mother’s Seattle home (likely with American television news networks present) while Raffaele Sollecito was in court with his father and a friend. Sollecito made no remarks upon leaving for the courthouse in a taxi, surrounded by a pack of cameras.  Meredith Kercher’s sister, Stephanie, and brother, Lyle, are also expected in Florence today for the court’s decision, expected in the evening hours….

Conjectures on what the judges may be discussing

The panel of judges is in effect deciding now on positions that must be sustained in 2-3 months in a 100-400 page document that must be okayed by the Supreme Court.

This might be what the quite long (by Italian standards, they will have discussed the case intermittently) jury discussion today is focused upon. Here are four possible issues.


Possible issue one

As sharp Italian media are pointing out, Prosecutor Crini departed from the Massei scenario and suggested a different driver in one key respect.

Like Mignini and Micheli in 2008 he assigned the role of prime mover to Amanda Knox and not to Guede. (Nobody ever assigned it to Sollecito.)

Maybe hoping to give RS and AK a break the Massei jury (not neccessarily the judge himself) assigned to Guede the primary role in starting the attack, saying maybe he forced himself upon her.

Then maybe the other two came in from next door, and set about helping him to subdue Meredith.

They just happened to have two knives handy, and even Massei assigns the fatal blow to Knox.

Crini argued as more likely that Knox started to quarrel with Meredith over hygiene or drugs or money and the other two joined in and for 15 minutes the attack escalated.

In this Knox and not Guede is assigned the role of prime mover.

The judges may want to accept this and seek to assign Knox a harsher punishment accordingly.

(Neither court seems to have settled on a convincing reason for why the big knife was brought down from Sollecito’s house which looks to us at minimum forboding.)


Possible issue two

This relates to the scenario in the comment above. Judge Massei lopped five years off the routine sentences by conjuring up “mitigating factors”.

One such factor was the duvet placed over Meredith which Massei thought could be a sign of remorse, surely by a woman.

Many including psychologists never agreed with this. It could have been simply an aversion to all the blood, which Knox on the stand in 2009 chillingly described as “yucky”.

If so the sentences awarded could creep up beyond the durations decided on by Massei. Above 25 and 26 years.


Possible issue three

This is an alternative to One and Two above. The judges might think the crime was more like a manslaughter, an attack that ended in murder

But not intended as such and never agreed to by two of the attackers.  In which case sentences could be a lot lighter.


Possible issue four

There are financial award considerations. How much to award to whom, plus maybe ways to ensure their payment in light of Knox blatantly stiffing Patrick..

[Below: image of the judges and lay judges arriving this morning]


Monday, January 20, 2014

Appeal Session #9: Sollecito Team Concludes, Prosecutor Crini Rebutts Defenses’ Claims

Posted by The TJMK Main Posters



[Above: Sun hits the facade of of one of the most modern courtrooms in Europe]

5. Andre Vogt’s Excellent Post-Court Reporting In The Week

From Amanda Knox’s fugitive fears: she’s right to be worried

Sources close to defence lawyers confide that they, too, fear it may not go their way.

It didn’t help that Knox ignored her lawyers’ pleas to travel from Seattle and attend court in Florence - she sent an email instead - nor that she repeatedly requested to meet the Kerchers, only to be sternly rebutted by their lawyer, who suggested she act more like a defendant.

Then she started a new blog and began blithely responding to comments – most recently posting an admission that she had once faked a break-in as an April Fool’s prank before she left for Italy (a staged burglary is a key part of the case against her).

Have the wheels come off Knox’s public relations machine now that she’s safe in Seattle? She may need them again soon, because this appeal differs radically from the first one in 2011 which resulted in her acquittal, but which was harshly criticised and eventually annulled by Italy’s Supreme Court earlier this year.

There are three good reasons why this trial is different – and why Knox has reason to be nervous:

First, her co-defendant Raffaele Sollecito’s lawyers have distanced his defence from Knox’s.  “He may have brushed her hair and cleaned her ears, but he would not have killed for the love of Amanda,” his lawyer Giulia Bongiorno told jurors in closing arguments earlier this month. “Turn off Amanda,” she said. “Raffaele is not Amanda’s other half.”

Second, the uncompromising Perugia prosecutor Giuliano Mignini has stayed away from Florence. Without him in court as a convenient villain, the “innocent American abroad being railroaded by a rogue prosecutor” narrative no longer holds water. The Florentine prosecutor, Alessandro Crini, has distanced the state’s case from the always controversial kitchen knife that may or may not have been the murder weapon. He’s also given less credence to the ‘sex game gone wrong’ theory that was central to the prosecution case in the first trial. Instead he’s considered all the evidence as a whole. There might have been a fight about missing money and hygiene, he said, but motive doesn’t matter: murders happen all the time for banal reasons. And convictions happen on much less evidence.

Third, the strict Florence judge, Alessandro Nencini, has curbed all antics by lawyers, public and media. There are no perp walks with popping flashbulbs this time. However the appeal ends, no one can argue that this trial wasn’t professionally managed.

4. Tweets by freelance reporter Andrea Vogt

14. Sollecito defense on bra clasp: For us, the condition of the room and conduct of the forensic police tells us there was contamination.

13. Judge interrupted Sollecito lawyer with a booming “No!” saying wiretapped conversations of Sollecito family not to be discussed this trial.

12. Maresca: Whatever you decide, we believe justice will be done & all elements considered in depth. We will serenely accept your decision.

11. Kercher attorney Maresca: Perugians reacted angrily to amanda knox acquittal because it was scandalous: acquittal was decided in advance.

10. Fabbiani, attorney for Meredith’s brother, urges court to look beyond motive. Perna for her sister: one person alone did not kill Meredith.

9. Lumumba attorney Pacelli concludes with this phrase to the jury: “Convict liar Amanda, the diabolical slanderer.”

8. Presiding Judge Nencini has cut Pacelli’s amanda knox monologue short. Says going off track. Pacelli promises to finish in 5 min.

7. Lumumba’s attorney Pacelli is delivering a vitriolic rebuttal on amandaknox - mixing his unbridled contempt w/her own statements.

6. Prosecutor asks (in case of conviction) cautionary measures so defendants can’t flee. Options are: passport, house arrest or arrest.

5. Prosecutor Crini: a lack of motive does not equal proof of innocence.

4. Trial back in session after “pausa caffe” during which Sollecito and his accusers were in tiny court coffee bar at same time. Only in Italy!

3. Sollecito attorney: The only things certain are the death of Meredith Kercher and the presence of Rudy Guede in the house that night.

2. Sollecito attorney: This case is an anomaly. Various judges interpreted facts differently over the years. There’s reasonable doubt.

1. In court, Sollecito attorney Maori contesting prosecutor’s arguments point by point. Knife, bathmat, alibi, witnesses. Afternoon rebuttals.

3. Tweets by our main poster Machiavelli

[At this point Machiavelli signed off]

62. Crini: Nencini asks the clerk’s officer to write down formally the exact terms of prosecution request to issue cautionary measures [if verdict guilty]

61. Crini says his conclusions are unchanged. Prosecution suggests arrest decrees are issued immediately if defendant(s) is(are) guilty

60. Crini points out the crime and motive originate from group dynamic.

59. Crini: Bongiorno had pointed out that anyway Sollecito should be accounted only for what he had done (implicit: not what Knox did)

58. Crini: The excessive and too quick reaction to a situation of rising argument is typical of group reaction.

57. Crini: Argument about cleaning was also reported by Meredith to her father John Kercher

56. Crini: Massive rejection of English [girls] testimonies is “weak” on the part of defence; tensions and dislikes in the house are recorded on paper

55. Crini: Movite cannot be assessed preliminarily as if it was a piece of evidence to be discussed

54. Crini: if you need to prove a crime, it is opportune to detect a motive, but a motive is only a plausible conjecture not basis for deduction

53. Crini: Bongiorno called all English girls ‘unreliable’ (because English, maybe coached by lawyers etc.)

52. Crini calls ‘amusing’ Bongiorno comparing her client with captain Schettino

51. Crini: Some thoughts about the motive.

50. Crini: It makes no sense to say the large kitchen knife is ‘incompatible’ with the big wound.

49. Crini: To the court: can you imagine a ‘surgical operation’ with a small knife producing a wound with clear margins on a live struggling victim?

48. Crini: it is difficult to produce an 8x8 cm large wound with a small 8cm long knife, it would produce at best a wound with irregular margin

47. Crini: The blade hypothesized by defence from the bed sheet stain is anyway larger; these are anyway conjectures. Datum is compatibility

46. Crini: thinking you can preemptively deduce the size of the blade from bed sheet stain is ‘unrealistic’

45. Crini: The “double knife theory” is based on the small size of the right wound, experts point to a likely much smaller knife with thin blade.

44. Crini: no defence wounds, no fight bruises, nothing under nails, bruises indicate forced restraint of victim; how she was immobilized

43. Crini: Massei court did not decide about attribution of pillowcase shoeprints, Crini objects Vinci’s finding, thinks prints are too small

42. Crini: Knox defence: says when Guede leaves palm print on pillowcase leaves a signature

41. Crini: Bongiorno called the murder scene “flooded” with Guede’s DNA. Crini points out his traces in room indicating he had free hands (no weapon)

40. Crini: The defences also dealt thoroughly with the use of the knife, wounds, blade size

39. Crini: The dynamic of the crime. Maori attributed all traces to Rudy Gede alone

38. Crini: All alleles of the victim were found in a scratch on the knife blade. Human DNA is normally not on knife blades

37. Crini: Vecchiotti admitted there was a scratch on the blade

36. Crini: The same defence experts did not object to the attribution Y haplotype of Guede found in the victim’s vagina

35. Crini: Calls Vecchiotti’s reasoning on bra clasp “a priori”, dismissed for reasons totally general and vague. Doesn’t read Y haplot. and X together

34. Crini: Points out a passage where Vecchiotti’s report misquotes police findings inserting the word “only”, built a strawman

33. Crini says let’s look at the Conti-Vecchiotti report, to see what it says, if you can subscribe with the report.

32. Crini: Tagliabracci in 2008 objected to quotes of prof. Gill calling them “too recent”

31. Crini: Objections referred to Low Copy Number are obsolete, and also partly undermined by the RIS report

30. Crini: Calls “embarassing” Bongiorno when alleges the police was wrong in attributing stains to cat’s blood

29. Crini: Disproves Bongiorno’s allegation that the clasp was stepped over.

28. Crini: Novelli rules out there was contamination in laboratory, as well as tertiary transfer in situ.

27. Crini is “pleased” the defence did not attempt to allege laboratory DNA contamination. Points out findings by Novelli

26. Crini: report says had there been internet surfing or writing activity, this would have resulted as obvious.

25. Crini cites arguments about computer expert reports, hearings of 14 Mar 2009 and Dec 2010 say further investigation is unnecessary

24. Crini: Maori omits to quote pieces of Curatolo’s testimony.

23. Crini will deal with Maori’s “theory of alibi” only very briefly

22. Crini says defence arguments on bathmat print are conjectures. Rinaldi is actually same person who correctly attributed shoeprint

21. Crini: Bathmat print: compatibility assessment can be done on what is measurable

20. Crini: Guede knew the hous and apartments, would have chosen logical entries and logical behaviour, Crini calls burglary theory ‘not credible’

19. Crini: alleged small wounds on Guede’s hand, inconsistent with absence of his blood on scene

18. Crini: Talks about Bongiorno’s criticism to staged burglary scenario - the scenario of Guede already inside apartment

17. Crini says police report timings, records of CCTV video camera and phone calls are ‘consistent’

16. Crini does not see corroboration of alleged 7-minute late clock error of CCTV. The 13.29 call was from Carabinieri HQ and don’t change anthg

15. Crini tris to “strain” the timing of police arival to favor the defence, to see if scenario fits. Considers possible CCTV time error

14. Crini: Sollecito calls Carabinieri too late, also because last phone call to Romaneli was at 12.38

13. Crini: Call to Sollecito’s sister, and then Sollecito’s call to Carabinieri at 12.51-45. Crini: this timing is late independently from Battistelli

12. Crini: Battistelli arrives on foot about 10 minutes eariler than postal police car

11. Crini wants to look better at some arguments about Sollecito’s declarations to postal police. Battistelli recalls 12.35 consistent with CCTV

10. Crini talks about Sollecito ‘sidetracking’, talking about statements to postal police

9. Crini: Knox’s Calunnia also contains details that have external corroboration and she could not have deduced from simple burglary scenario

8. Crini: A Calunnia is itself incriminating (require strong defence explanation), but Knox’s Calunnia also contains furth incrimiating details

7. Crini: Knox maintained her calunnia against Patrick over a period of several days. Crini points out the logicality of Cassazione argument.

6. Crini: Knox statements: ‘Patrick had sex with Meredith’ and ‘there was a loud scream’ were new elements, unrelated to known facts and not retracted

5. Crini: On calunnia, Crini points out that there was an argumentation about Knox defence about usability of Knox’s statement. argument is wrong

4. Crini: Theoretically all defense points could be replied to, Knox’s Calunnia, Sollecito statements to police, the staged theft, the mat print; DNA evidence

3. Crini says he will talk briefly only about a few selected points, without repeating himself, and without discussing old arguments again

2. [After the break] Prosecutor General Crini begins to reply.

1. [After the break] Sollecito entering the court, asked what he expect, says “no comment”

2. Tweets by reporter Barbie Latza Nadeau

44. Judge especially hard on Sollecito sub lawyer, reprimanding her for introducing new arguments when she is only supposed to be refuting.

43. Sollecito sub lawyer argues no DNA from Meredith Kercher on bra clasp w/Sollecito’s DNA, failing to mention she was wearing the bra..

42. Six years of Kercher trials and some lawyers still pronounce the K in Knox.. “ka-nox” as Sollecito’s sub lawyer just did.

41. Kercher lawyers finished, now Sollecito lawyers up for rebuttal, but both his principal lawyers had to leave early.

40. Kercher atty Maresca: Perugians reacted angrily to Amanda Knox acquittal because it was scandalous: acquittal was decided in advance.

39. Kercher lawyers ask court to consider all the previous testimony they say proves more than one person killed Meredith Kercher.

38. Lumumba lawyer says his client has not received any of the €22k he is owed by Amanda Knox even though the slander conviction is final.

37. Judge reprimands Lumumba lawyer for veering off course, he is only to discuss slander aspect of case, not murder itself.

36. Lumumba’s atty Pacelli is delivering a vitriolic rebuttal on Amanda Knox - mixing his unbridled contempt w/her own statements.

35. Lumumba keeps referring to Amanda Knox as “the American”, says she had a penchant for drugs, alcohol, sex.

34. Lumumba lawyer calls Amanda Knox a “diabolical slanderer” …

33. Lumumba lawyer says Amanda Knox substituted Patrick for Rudy Guede.

32. Court back in session with Lumumba lawyer up. Sollecito back in court after break.

31. Prosecutor Crini: a lack of motive does not equal proof of innocence. Amanda Knox

30. Prosecutor focused on knife, says traces of Meredith Kercher and Amanda Knox are valid.

29. Sollecito staring at prosecutor as he delivers rebuttal, jury taking notes, judge listening intently, journalists trying to stay awake.

28. Prosecutor in new Amanda Knox appeal says motive in murder is never simple and clear, like murder itself is complex.

27. MeredithKercher lawyer says her brother and sister plan to come for verdict Jan 30.

26. Prosecutor just referred to Amanda Knox as “la nostra Knox” as he tries to refute defense arguments.

25. Trial back in session after “pausa caffe” during which Sollecito and his accusers were in tiny court coffee bar at same time.

24. Prosecutor making brief rebuttal, pushing Sollecito and Amanda Knox back together after Sollecito lawyer clearly tried to separate them

23. Sollecito just told group of reporters he was not sure if he would come for verdict.

22. Sollecito lawyer finished. Judge asks lawyers how much time they need for rebuttals. 15 minute

21. Sollecito lawyer says his client is not guilty. Does not mention Amanda Knox in final moments of closing arguments.

20. Sollecito atty: This case is an anomaly. Various judges interpreted facts differently over the years. There’s reasonable doubt.

19. Sollecito lawyer tells the court they can only accept that Meredith Kercher was murdered and that Rudy Guede is the lone killer.

18. Sollecito lawyer G Bongiorno has just arrived in court with three male assistants.

17. Sollecito lawyer says Sollecito was never with Guede, Meredith Kercher and Amanda Knox. Says testimony that they were was false.

16. Sollecito lawyer working to discredit witnesses. Says store owner who says he saw

15. Judge in response to Sollecito lawyer asking if jury is tired: if we are tired now we will have to kill ourselves by the end of the day.

14. Sollecito in court today. Will he come for verdict on 30th?

13. Sollecito lawyer lays out why homeless man in park who testified he saw Amanda Knox and Sollecito arguing night of murder is unreliable.

12. Patrick Lumumba also absent from court today.

11. Judge in Amanda Knox new appeal rarely looks at Sollecito lawyer, writing notes, scrolling tablet, but minimal eye contact.

10. Sollecito lawyer on mass media tangent, says the “super witnesses” for prosecution in earlier trials were all for show.

9. Judge in Amanda Knox 2nd appeal asks for clarification on hard to follow techie evidence.

8. Sollecito lawyer showing computer records for Raf’s computer access, says access was human, not automated. Jury squinting at slides.

7. Sollecito lawyer moves on to Raf’s computer, how computers belonging to Amanda Knox, Meredith Kercher were all “accidentally” destroyed.

6. Sollecito lawyer back on break in. Frequent reference to Guede “the real assassin”. No mention of Amanda Knox at all yet.

5. Sollecito lawyer focusing on staged break in.

4. Sollecito lawyer G Bongiorno not in court this morning.

3. Sollecito lawyer Maori says luminal also picks up fruit juice, not just blood. Judge taking notes.

2. Sollecito lawyer showing slides of famous footprint on bathroom rug in Meredith Kercher blood.

1. Sollecito lawyer now summing up in Florence, then rebuttals. Verdict expected Jan 30.

1. Tweets by reporter for La Nazione

46. Lawyer Colotti (Sollecito) : “In a process based on circumstantial evidence motive is the glue of the whole thing.”

45. Lawyer Colotti (Sollecito defense) begins.

44. Sollecito defense : “The Meredith’s bra clasp was contaminated as evidence “

43. Sollecito defense : “It was Rudy Guede who entered through the window after breaking the glass “

42. Sollecito defense : “There was no misdirection in statements of Sollecito “

41. Now it’s up to the defense again, Sollecito team begin their final responses

40. Lawyer Maresca (Kerchers) : “On the blade there are traces of the victim “”

39. Lawyer Maresca (Kerchers) : “Hellmann appeal, the acquittal was a pre-cooked judgment“

38. Lawyer Francesco Maresca (Kercher family) begins

37. Lawyer Perna (Kerchers) “Wounds on the body victim compatible with the knife found at Sollecito’s house “

36. Lawyer Perna (Kercher family) begins

35. Lawyer Vieri Fabiani , one of the lawyers for the plaintiffs, the Kercher family

34. Lawyer Pacelli (Lumumba) : “Judges, sentence the liar Amanda , the devilish slanderer “

33. Lawyer Pacelli (Lumumba) : “Meredith could not stand Amanda“

32. Lawyer Pacelli (Lumumba) : “Amanda is on Lumumba’s mind constantly “

31. Lawyer Pacelli (Lumumba) : “Amanda hoped Lumumba slander would not be discovered “

30. Lawyer Pacelli (Lumumba) : “the defense of Amanda was rancorous and non-existent “

29. Lawyer Carlo Pacelli (for the plaintiff Lumumba) begins.

28. Crini: “If Sollecito and Knox are condemned then precautionary measures should be decided to ensure execution of the sentence”

27. Crini: “There were tensions in the house for reasons of hygiene ”

26. Crini: “The absence of sure motive is not a defensive threshold “

25. Crini : “At the scene there was no contamination “

24. Crini : the prosecutor carries on his indictment reaffirming the validity of the clues

23. Crini : the prosecutor continues rebuttal,  the Tuscany Attorney General Dr Tindari Baglione enters the court

22. Crini : “Slander of Lumumba in itself is an important element “

21. Crini : the Prosecutor General starts his rebuttal

20. Sollecito’s father::”That’s understandable , too much stress”

19. Sollecito :”I do not know if I’ll be in the courtroom on the day of judgment

18. This ends the argument of Maori (defense of Sollecito )

17. Maori: ”The only possible verdict is an acquittal”# meredithnazione

16. Maori: ”In the various processes motive , time, and the murder weapon changed ontinuously”

15. Maori: ”The witnesses who say that Raffaele and Rudy knew each other, said things false”

14. Maori:”The witness Quintavalle for many days after the murder of Amanda did not speak”

13. Maori: ”The witness Quintavalle speaks thirteen months after the fact”

12. Maori: ”The witness Curatolo is unreliable , wrong date and report things that are false”

11. Maori: ”Some witnesses have had access to financial sinecures”

10. Maori: ”The witnesses are characters created by the mass media”

9. Maori: ”At 21.26 Sollecito opened from his PC the cartooon Naruto”

8. Maori: ”At 21.10 there was interaction Sollecito with his pc”

7. Maori: ”Analysis of the computer shows that Sollecito ‘s alibi is true”

6. Maori: ”No simulation , glass window broken by a stone from the outside. No glass outside”

5. Maori:”No simulation of theft. Blinds on window with broken glass were not closed”

4. Maori: ”The bloody footprint on the bath mat is not Sollecito’s foot”

3. Maori: ”Meredith was killed at 21”

2. Maori: ”The kitchen knife is the murder weapon . Wounds are not compatible”

1. The hearing begins : now it’s up to the lawyer Maori



[Below: previous image of Attorney General Dr Tindari Baglione who is in court to hear Dr Crini]


Friday, January 17, 2014

False Claims In Bongiorno’s Summation: That The Wound “Proved” Sollecito’s Big Knife Was Not The One

Posted by The TJMK Main Posters





In defense summation on 9 January, nobody who really knows the case (such as Judge Nencini) would have bought many of Giulia Bongiorno’s outlandish arguments.

The post below this one illustrates how Bongiorno in about half her arguments tried to demonize and mischaracterize all of Perugia, as if somehow Perugia itself had become the real villain in forcing a rush to judgment and wrong conclusion. In fact Perugia took a huge hit from Meredith’s murder but has acted gracefully and competently ever since. 

This post by several of us after discussion in Comments is the first of two on Bongiorno’s claims about the large knife. The second one will follow next week by Ergon.

There is no question in our minds but that this IS the murder weapon. It was proved convincingly by way of the DNA tests done by the Scientific Police and Carabinieri. Here we prove it by way of human physiology and the autopsy.

Waving two knives with a manic expression, Bongiorno claimed that the the large knife in evidence was far too large for the wound in question - and anyway, anyone intent on murder would have easily pushed the large knife right through so there was no intent of murder anyway. Bongiorno dismissed the possibility that hyoid bone could have somehow stopped the blade, prevented it from penetrating, as the bone is not resistant enough.

The surface location of the hyoid Bone is shown in the Illustration above; its front is only a few millimeters below the skin: The hyoid bone is loop-shaped like a C, open at the back; this Hyoid loop encloses part of the airway:


The hyoid bone curves around the upper airway at the base of the tongue, and is also called the tongue-bone or the lingual-bone. It is located between the mouth and the larynx; therefore during inhalation air passes through the hyoid loop before it passes through the larynx, and during exhalation air passes through the larynx before it passes through the hyoid loop.

The hyoid is an integral factor in the swallowing, breathing, and phonation mechanisms. If transected in such a way as to connect its part of the airway directly to the atmosphere, as it was in this case, swallowing, breathing, and phonation will be seriously impaired, as they were in this case.

The coexistent bleeding from the also-transected Right Superior Thyroid Artery accelerated Meredith’s death, more by the drowning-effect of inhalation of the blood into her lungs, than by the loss of circulating-blood alone.

Both the hyoid bone and the jawbone are mobile, which is why we can chew, swallow, talk, smile laugh, and sing, the way that we do, each of us in our own unique way.

The Massei Prosecution Reconstruction depicted the killers making cuts obliquely from behind.

The fatal cut started on the Left, but crossed the midline to the Right.

Both the Right Superior Thyroid Artery, and the nearby Hyoid Bone, were severed but from Massei, it is not precisely clear where the hyoid loop was severed, and it seems that the cut did not include the midline skin; The Florence Appellate Court will have access to the relevant records.

Here is why the hyoid could not have damaged any knife:

It is an old rule of materials-physics that a softer substance cannot even scratch a harder substance.

[To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would not show signs of damage caused by the stabbing in this case.]

As pointed-out recently on TJMK, some confusion has arisen, caused by a quotation in the Massei Report, where on p371is written: ”…a single blow was apparently halted by the jawbone…”

The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted by” did not mean it was stopped-by the jawbone:

Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”

Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “at” the jawbone.

Skin is soft and bone is harder but there is no way that the knife striking the jawbone would halt the knife in this case, the jaw would just roll with the strike, depending on the angle of attack. [The force was not even enough to mark the jawbone itself!]

Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife.

When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken or dislocated, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.

If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action.

[Look at your own kitchen carving knife. It probably has no marks caused by striking chicken thigh bones. It will have fine parallel scratches created in the manufacturing process.]

Any implication-in, or inference-from the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade is a figment of an uninformed imagination.

The kitchen-knife, found in Sollecito’s apartment, with Meredith’s DNA on the blade and Knox’s DNA on the handle, is the weapon that killed Meredith.


Tuesday, November 12, 2013

Differences Between Micheli, Massei, Hellmann and Nencini Courts Pointing To Almost Certain Outcome

Posted by Peter Quennell





What are the biggest differences? In fact the Supreme Court already pointed them out: science, scope, and balance.

Judge Micheli, Judge Massei and Judge Nencini all have a very extensive criminal-case background. All three have handled many cases of murder, many cases against the mafia, and many cases involving criminal science. All three have remarkable success records and have hardly ever been overturned on appeal. 

Judge Hellmann and his court are the extreme outliers. Until forced into early retirement by the Council of Magistrates, he had been a (quite good) business judge. His one major criminal case, years ago, had led to a farcical outcome, and he was ridiculed for this at the time.

Cassation made it very clear that he simply did not reflect a knowledge of the precise Italian law on scope and balance at the appeal level, and that he mishandled the science. In fact, as he actually said, the reason he appointed two independent DNA consultants was that he was at sea on the science.

That left Judge Hellmann’s panel of judges like a rudderless ship, bereft of the kind of good guidance from the lead judge on science, scope, and balance that comes only from many years of experience.

Which, given a level playing field, the pathbreaking Italian system enforces competently like almost no other.

Above all as the Hellmann Report makes extraordinarily plain, his court came to be swayed by the CSI Effect, with the help of two tainted consultants and probably the irresponsible Greg Hampikian in Idaho.

The CSI Effect is a phenomenon very, very unlikely to happen in Judge Nencini’s court.  First, take a look at this good explanation of what the CSI Effect is in the Fox Kansas City video.



Many crime shows such as the BBC mysteries and the Law & Order series and spinoffs show investigators solving their crimes in the old-fashioned way. Lots of witness interviews and alibi and database checking, and walking around and loose ends and lying awake at night puzzling. And often there’s a big stroke of luck. 

But if you watch the very popular CSI Las Vegas series and its spinoffs in Miami and New York, and the various clones on other networks, you will see something very different indeed.

When those shows first began airing worldwide in the late nineties, the producers explained that audiences increasingly appreciate learning something new when watching a show, and it is true, one sure can load up on the trivia.

But you will also see the US equivalent of Dr Stefanoni and her forensic team in those shows, roaming far beyond the narrow crime scene, interrogating witnesses and checking alibis and finding a lot of non-forensic evidence, and even at times drawing guns.

Most unreal is that, time and again, the forensic evidence testing is clearcut and takes just a few minutes and instantly clinches the case.

  • There are several articles like this one and this one on whether the Casey Anthony jury was affected by a shortfall in the starkness of the forensics when the behavioral evidence seemed so strong.
  • There are several articles like this one and this one on whether the appeal verdict outcome in Perugia might be affected in the same way.
  • There are many articles like this one and this one and this one and especially this one saying there is a tough added burden on investigators and juries without a commensurate improved outcome.

With conviction rates declining in the US and Europe, professionals are taking a scientific look at whether the CSI Effect is one big cause of that decline.

At the macro level in the US this writer doubted that the CSI Effect is fatally unbalancing takes on the wider evidence. The same conclusion was reached in this first major study at the micro level.

But the belief in the CSI Effect continues. Articles like this one on an Australian site talk of a backlash against too many acquittals. Some articles like this one argue that maybe lay juries are out of their depths.

And judges and prosecutions are taking countermeasures.

In Ohio and many other states prosecutors and judges are acting against a possible CSI Effect in their selection and briefing of juries. And an NPR report came up with these findings.

Some states now allow lawyers to strike potential jurors based on their TV habits. Judges are issuing instructions that warn juries about expecting too much scientific evidence based on what they see on TV.

In the field, Shelton says death investigators sometimes run useless tests, just to show they went the extra CSI mile.

“They will perform scientific tests and present evidence of that to the jury. Even if the results don’t show guilt or innocence either way, just to show the jury that they did it.”

This is coming at a time when death investigators in America have no resources to spare. An investigation by NPR, PBS Frontline and ProPublica shows some states have already opted not to do autopsies on suicides, others don’t autopsy people who die in traffic accidents, and many don’t autopsy people who die over the age of 60.

But Murphy, the Clark County coroner, expects things to get worse.

“You know, we’re in budget cuts right now. Everybody’s in budget cuts. Las Vegas is no different than anybody else. We’re hurting. We’re going to feel that same crunch as everybody else,” he says.

One of Zuiker’s great disappointments is that, for all its popularity, his fictional Las Vegas crime lab didn’t generate more political support to fund death investigation.

“I’ve done my job. You know, we’ve launched three shows that cater to 73.8 million people a week and is a global phenomenon and the largest television franchise in history. We hoped that the show would raise awareness and get more funding into crime labs so people felt safe in their communities. And we’re still hoping that the government will catch up.”

None of the science in Meredith’s case has ever been discredited in court. Even in Judge Hellmann’s court the agenda-driven independent consultants Conti and Vecchiotti failed - and under cross-examination admitted it.

Also remember that the Hellmann court did not get to see two very key closed-court scientific presentations (the stark recreation of the attack on Meredith, in a day of testimony, and later in a 15 minute video) which had a very big balancing effect on the Massei court. 

Right now the reputation of not one defense-campaign stooge who has attacked the science remains intact.

Greg Hampikian has headed for cover. He had widely proclaimed that he clinched the Hellmann court’s outcome, in an act which may well have been illegal. Unsurprisingly, he is now trying very hard to hide his own claimed “proof ” of shortfalls in the science, as Andrea Vogt has been showing in her Boise State University investigation, and as we will soon post more on. 

Saul Kassin is another defense-campaign stooge who falsely claimed that he clinched the Hellmann court outcome by “proving” a false confession by Knox - in an interrogation that never even took place.

Despite all of this, maybe as straw-snatching, we can again see an organized attempt to confuse American opinion on the science of the case.

Whether she did this intentionally or not, that is what the PR tool Colleen Barry of the Associated Press was doing when she omitted that the trace of Meredith on the knife is undisputed hard evidence.

Judge Micheli and Judge Massei handled the science, scope, and balance with some brilliance. In all three dimensions Judge Hellmann fell short abysmally.

What is your own bet on the outcome under the exceptionally experienced Judge Nencini?





Parts of this post were first posted in 2011 after the disputed and much examined outcome of the Casey Anthony murder trial..


Wednesday, September 11, 2013

Translations Of Key Testimony Is Being Added To The Daily TJMK Reports Of The 2009 Trial

Posted by catnip





If you read PMF or TJMK regularly, you will know that our many Italian speakers have posted dozens of translations over the years.

Many were quickies of Italian reports of court or prison doings and the takes of Italian reporters and the public. Perhaps most worthwhile for you to check out are the very meticulous translations of court proceedings and rationales by the painstaking PMF team. 

1) Key court documents

On PMF Clander has posted links to the largest and most important translation efforts with the covering intros and cautions that are vital to understand the difficult work involved and the possible need for small updates.

    1) Judge Massei sentencing report in English: First-level Court - Raffaele Sollecito and Amanda Knox.

    2) Judge Giordano sentencing report in English: Supreme Court - Rudy Guede.

    3) Judge Hellmann sentencing report in English: Second-level Court - Raffaele Sollecito and Amanda Knox.

    4) Dott. Galati appeal to the Supreme Court in English: The Prosecution’s Appeal To The Supreme Court.

    5) The Supreme Court of Cassation of Italy sentencing report in English: Supreme Court vs. AK & RS.

2) Reports from trial court sessions

Now we are adding more translations of the key testimony at the trial in 2009. All trial testimony will be closely examined by the appeal court in Florence. They are being attached to our daily reports posted at the time. You may find these three especially illuminating. Scroll down each post for each translation.

    1) Daniele Moscatelli (scroll down), a police investigator from Rome who helped question Sollecito. Officer Moscastelli said that defendant Raffaele Sollecito looked “confused and nervous” during the questioning and that he was carrying a “long” knife in his pocket.

    2) Fabio Astolfo (scroll down), an English speaking officer who helped question Knox. He also helped with food and drink from the vending machines, and observed Amanda hitting herself while on the way to get her fingerprints taken.

    3) Oreste Volturno a chief inspector who took part in the search of Raffaele’s place; and investigated when and where the bleach found there was purchased, and investigated the 20 euro withdrawal reported on Meredith’s account, and tried to track down Raffaele’s school and police records; and also participated in the seizure of material from the Telenorba TV station after their broadcast had gone to air.

More such translations will follow.

Posted on 09/11/13 at 10:54 PM by catnipClick here & then top left for all my posts;
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