Category: Evidence & Witnesses

Monday, October 01, 2012

Testified That This CCTV Camera Probably Last Photographed Meredith Alive DRAFT

Posted by Peter Quennell

Put back at March 13 2009

Nick Pisa reporting from the trial on Sky News:

The Meredith Kercher murder trial has been shown CCTV footage of what the prosecution said was her arriving at home just hours before she died.

The grainy footage was taken from a car park camera overlooking the house where the British exchange student was found dead.

Other people were also in the images but police were not able to identify them, the Italian court heard. The jury was also shown CCTV images of officers arriving at the house after the murder.

It seems to have been similar to the CCTV footage in this video we posted where the camera is down at the intemediate level of the parking building.

This video will have been compressed for broadcast and the internet. The judges and jury would have been shown better-quality video directly from the camera.

Shots below show the entrance ramp to the upper level of the parking facility - the gate of the house is directly opposite - and the two CCTV cameras up there that record all arriving cars.

Meredith seems to have approached her house for the last time down the steps by the square in front of the School for Foreigners. Shown in the second-to-last shot below.

The bottom of the steps is a short distance behind our own camera in the three shots directly below.

Below: If you expand the image you can see the two CCTV cameras in this shot. It is the left camera that faces the gate of the house, and the famous intersection and dumpsters.

The trees in the background are in the park between the steps on this side of it (those that Meredith probably came down) and the School for Foreigners on the other side of it.

Below: Meredith seems to have approached her house for the last time down these steps by the square which is in front of the School for Foreigners about 100 meters off to the right.

Below: Meredith would have been about where the white car at back is to be caught on the CCTV camera maybe 20 meters to the right. The gate of her house is just beyond the car, and the steps down are off at hard right here and up behind.

Posted by Peter Quennell on 10/01/12 at 05:28 PM • Permalink for this post • Archived in Evidence & Witnesses, Other physical, Trials 2008 & 2009 • Comments here (0)

Tuesday, September 11, 2012

Raffaele Sollecito’s DNA In Meredith’s Room Could Be Definitive Proof Of Guilt For New Appeal Jury

Posted by James Raper

Have you followed our series on the hapless independent DNA consultants Conti and Vecchiotti? And our series on the hapless appeal judges Hellmann and Zanetti?

And our series on their formidable nemesis, Umbria’s Chief Prosecutor, Dr Galati? Who may very well convince the Supreme Court to throw out all of their work?

This post explains why their work probably deserves to be thrown out as it applies to Sollecito’s DNA in Meredith’s room, which still lacks an alternative non-damning explanation for it being there, and which could see him back serving his term in Capanne or Terni Prison before too long.

I want to start this analysis with the following verbatim quote taken from John Follain’s Death In Perugia.

“Comodi asked Vecchiotti about the alleged contamination of the bra clasp: “Is it possible for [Raffaele’s] DNA to end up only on the bra clasp?”

“Possible”, Vecchiotti said.

Comodi insisted: “Probable?”

“Probable”, Vecchiotti retorted.

Anyone who has read the Conti-Vecchiotti Report will be amazed by Vecchiotti’s above reply under cross-examination by Prosecutor Comodi. This for the simple reason that the said report did not at all evaluate the “probability” of any contamination of the bra clasp. It merely did not rule out contamination.

The Conti-Vecchiotti report with regard to the bra clasp: “It cannot be ruled out that the results obtained derive from environmental contamination and/or contamination in some phase of the collection and/or handling of the exhibit.”

On any level of understanding, if one can not rule something out then that makes it possible. But it certainly does not make it probable.

Worse was to come, with the conclusion of Hellmann-Zanetti, that contamination was probable. This though was not so surprising in as much as Hellmann-Zanetti had already indicated in their reasoning underlying the need for an independent report that they would accept the independent experts’ conclusions.

Which they did, apparently accepting Vecchiotti’s above statement on oath as definitive and which, as we can see, they appear to subsequently improve on, since the circumstances referred to below were not mentioned in the Conti-Vecchiotti Report. From Hellmann-Zanetti:

In the opinion of this Court contamination did not occur during the successive phases of treatment of the exhibit in the laboratory of the Scientific Police, but even before it’s collection by the Scientific Police.

Note that (1) the suggestion is that contamination occurred when there was no video recording (thus permitting free speculation), (2) the word “probably” is omitted here seemingly making it a definite occurrence, and (3) “even before” does not exclude contamination when the Scientific Police were there, but the circumstances described below make it, in the opinion of Hellmann-Zanetti, even more probable, it seems. Again from Hellmann-Zanetti:

..it is certain that between the first search by the scientific police, directly after the discovery of the crime, and the second search by the police, on the 18th December, the house at villa della Pergola was the object of several other searches directed towards seeking other possible elements useful for the investigation, during which the house was turned topsy-turvy, as is clearly documented by the photographs projected by the defence of the accused, but actually made by the Scientific Police. And, understandably these searches were made without the precautions that accompany the investigations of the Scientific Police, in the conviction that at that point the exhibits that needed to undergo scientific analysis had already been collected. In this context it is probable that the DNA hypothetically belonging to Raffaele Sollecito may have been transported by others into the room and precisely onto the bra clasp”¦”¦”¦..the fact that [this] is not an unusual occurrence is proven by studies cited by the expert team and also by the defence consultants”¦”¦..

So Hellmann-Zanetti are talking about the ordinary police investigators being primarily responsible.

As the Vecchiotti quote at the beginning of this post is not put in any context, it is impossible for me to know whether she was referring to the Scientific Police as seen in their videos or whether she was alluding to other recorded searches, say, by the ordinary police, but which were not on video.

What we know of the police searches is as follows. From the Massei trial sentencing report:

While forensic activity was still in progress (Note: it having been going on since the 2nd) “the house was accessed on November 4th 2007 involving, accompanied by staff from the Perugia Police Headquarters, the three occupants and housemates of the victim.

The days of November 6 and 7 were taken up by the search activity of personnel from the police headquarters of Perugia”¦.on November 6” (Note: the day after conclusion of the Scientific Police activity) “no-one entered Meredith’s room other than the three performing the search. On November 7 there was another entry into the house “for the problem of the washing machine, to collect the clothes; but I (Napoleoni) know that they did not go into the other rooms…..

They wore gloves and shoe covers….

Massei also records that Profazio stated that whilst he was aware from Stefanoni that the bra clasp had not been collected, nevertheless he had not seen it on the 6th and 7th.

As we know, the Scientific Police returned to the house on the 18th December specifically for the purpose of collecting the bra clasp (the first thing they did) and using luminol, and in addition to this being on video the defence lawyers were watching the live recording outside. It was observed by the defence lawyers at that stage that the mattress was in the living room and that articles had been moved around (topsy-turvy) in her bedroom.

From the above it might be reasonable to conclude that it was not only the Scientific Police who took the photographs but that it was predominantly they who had already moved items around and taking - it not having been demonstrated to the contrary (because not on video) - such precautions appropriate to their field of expertise (or at least such as may be determined from the videos).

However the point is, of course, what entitles Vecchiotti and Hellmann-Zanetti to talk about probable contamination at all?

Incidentally, pause here to notice that Hellmann-Zanetti give no credence to environmental contamination, in the sense of DNA floating around on specks of dust, by virtue of not mentioning this at all.

It would seem that the notion that a speck of dust, with Sollecito’s DNA attached, floated into the room and landed bang on a tiny hook, somehow adhering to it, is improbable to even them. It is transfer by manipulation ( tertiary transfer, about which more later) - basically that someone must have stepped on or touched the bra clasp or hook - about which they are talking and as a result of which they deem contamination to have probably occurred.

Without that probability - that is if it remained only a possibility - then the case for direct transfer (directly from the owner of the DNA to an object), rather than tertiary transfer (where the DNA is collected after direct transfer and transferred to another object), would not be undermined as the more probable scenario. This is because, in this context, no-one can rule out possibility, ” possibility” being firmly rooted in the abstract.

What Hellmann-Zanetti think entitles them to talk about the probability of contamination are, and as it transpires only are, the precautions which they say were not followed in collecting and handling the exhibit and for which they suppose the non-scientific police were most likely responsible.

Compliance with these, they say, “guarantees” the reliability of the result. They refer to the Do’s and Do Not’s of successful crime scene management as listed by Conti-Vecchiotti and taken from guidelines from the Louisiana State Crime Police Laboratory, from the U.S Department of Justice, and more relevantly from Evidence Manuals from the New Jersey State Police, Missouri State Highway Patrol and North Carolina State Bureau of Investigation.

There is a predominance of American references but they do also refer to the Good Practice Manual for Crime Scene Management promoted by ENFSI (European Network of Forensic Science Institutes). From Hellmann-Zanetti -

Regarding above all the identification of a genetic profile in an exhibit, it is important that the entire procedure be followed with complete observance of the rules dictated by the scientific community, which are not, to be sure, juridical rules (it is not a law of the State, as Dr. Stefanoni observed), but which do represent a guarantee of the reliability of the result. And since these rules also contain precautions necessary in order to avoid possible contamination, one can understand that the respect of these precautions cannot simply be assumed, but must be proven by anyone who bases his accusations on this result.

Rules and guidelines are not quite the same thing, still less are there standardised guidelines dictated by the scientific community, but let’s not be pernickety. What compliance with the guidelines does, of course, is reduce the risk (the “possibility” and yes, if there are elements supporting it, “the probability”) of contamination, not guarantee that there is not contamination. As any expert in the field will concede, contamination is always possible.

Conti-Vecchiotti listed, apparently, some 54 examples of breach of the aforesaid guidelines. Significant among these (because we know of them and the most was made of them) are the following listed by Follain in his book Death In Perugia-

1. The team failed to put on new gloves after bagging each sample ( probably, as with 2 below, accounting for the great majority of the examples, and Stefanoni admitted this did not happen every time).

2. Items were handled by more than one person without changing gloves (again, as above, admitted).

3. There was a smudge on one of the fingertips of one of the gloves which touched the clasp, so the glove was dirty.

4. The officer who picked up Meredith’s bra clasp passed it to a colleague before placing it back on the floor and then bagging it.

5. Stefanoni’s gloves were smudged with blood and split over her left index when she picked up a sample ( this need not detain us since it is an irrelevant and highly speculative and prejudicial observation, if not entirely erroneous, based on what can be seen from the video).

6. The officer filming the police video walked in and out of Meredith’s room without changing his shoe covers.

7. No security corridor was created for internal access with anti - contamination criteria between the various environments.

8. The initial position of discovery on the floor of the clasp was not the same after 46 days.

The idea of a security corridor which, given the confines of the cottage, and particularly the access to Meredith’s room, would mean, for instance, placing planks on the floor, is a good one, and obviously not followed in this instance though not actually a specific recommendation (though it can be inferred) in any of the guidelines referred to by Conti-Vecchiotti. It would have reduced the risk of carrying DNA into Meredith’s room on the soles of shoe covers.

The alleged breaches were not, of course, outlined in the Conti-Vecchiotti report. They were only mentioned in oral evidence accompanying the showing of the crime scene video in court.

Hellmann-Zanetti, in their report, mention two specific cases only, 3 and 8 above. In respect of “the smudge” they acknowledge, interestingly, that there is an unresolved issue of interpretation as to whether this is a shadow or prior staining! But why even posit a prior staining when it is obvious that the operative had to finger the fabric of the clasp (which was “dirty”) in order to pick the clasp up and show it to the camera? What was the dirt and what was the meaning of this in the context of a transfer of Sollecito’s DNA to the hook? They neither discuss not evaluate. They simply accept Conti-Vecchiotti’s observations as being pertinent and damning without question.

In contrast to Hellmann-Zanetti Massei does discuss and evaluate the probability and the logistics of contamination, with regard to the bra clasp. In fact he spends quite a bit of time on the subject. But before turning to that, let’s have a brief look at the subject of DNA transfer and then remember what Stefanoni (as quoted by Massei) says on the subject.

Primary transfer might occur between a subject (such as myself) and an object. I touch or sneeze over it. Secondary transfer could occur if the said object was moved and “placed” against yet another object so that my DNA is transferred from the first to the second object. Tertiary transfer could occur if someone touched my DNA on the first object and then touched the second object. There are three steps there but one can imagine scenarios with four or perhaps more such steps but with the inherent limitation that the quantity of DNA being transferred is going to reduce with each such step.

It is obvious that when the prosecution produce DNA evidence they are going to argue primary transfer by the accused and just as equally obvious that the defence are going to try and argue contamination, i.e that the presence of their client’s DNA is the product of secondary or tertiary transfer.

Stefafanoni said that secondary or tertiary does not happen unless (1) the DNA is in a substance which is still fresh and reasonably watery after primary transfer, not dried, and/or (2) there would have to be more than mere touch but friction, or at least pressure, as well. Whilst there could be isolated exceptions in practice this makes a lot of sense to me as a layman but in addition I also note that she was not contradicted, at the trial, by any of the defence experts, nor has she been contradicted by Conti-Vecchiotti in their report.

Returning to Massei.

Sollecito was at the cottage 3 or 4 times prior to the murder though on each occasion with Knox. It is thus possible that he left his DNA somewhere there. There is no evidence that he was ever in Meredith’s room before the murder. Thus, if he was not involved in the murder, one must hypothesize that his DNA from somewhere else in the cottage was transferred into Meredith’s room and onto the bra clasp by someone other than him.

Apart from the clasp there was only one other place where his DNA was to be found, mixed with Knox’s DNA, which was on a cigarette stub in an ashtray sitting on a table in the kitchen. From Massei, my numbering:

(1) Certainly, it can be observed that every single place in the house was not tested, and one might think that Raffaele Sollecito’s DNA might have been located in some other places. One can consider the possibility that his DNA from some other place that was not found was transferred onto the bra clasp, but this would have to have been done by someone manipulating the object.

(2) But simple contact between objects does not transfer DNA. Amanda’s and Raffaele’s DNA were both found on the cigarette stub, not just one of them, transferred by the other. It is also important that the bra was the one that Meredith was actually wearing, and the clasp was found under the pillow which was under Meredith”¦”¦. At this point it should also be mentioned that the piece of bra was (then) found under a small rug in Meredith’s room [which protected it] “¦”¦”¦.

(3) It is also observed that the small rug did not show itself to be a good transmitter of DNA. Underneath it there was a sock, and analysis proved that on this sock there were only DNA traces of Meredith. Also the circumstance by which DNA was found on the (tiny) hooks - so on a more limited and rather less absorbent surface than the material attached to them - tends to exclude that Raffaele Sollecito’s DNA could have landed on the hooks, precisely on the hooks, by contamination or by transfer from some other unspecified object.

(4). “¦”¦.any transfer of DNA from the surface of the rug under which the small piece of bra was found would imply that between the two objects there was more than simple contact, touching of each other, but an actual pressure exercised on the rug under which the piece of bra lay. This hypothesis was set aside after Dr. Stefanoni reported “¦”¦.. the deformation of one of the hooks was the same. Vice versa, if some pressure had been exerted on top of it, if in one of the police activities someone had stepped on it—then that deformation would not have remained identical; but the small piece of material and the hooks and eyes had the same form, the exact same type of deformation “¦”¦.. she additionally stated that, having seen the small piece of bra in the early hours of November 3rd rather quickly, the images of it taken on that occasion allowed her a more prolonged and attentive observation, enabling her to declare that the deformation had remained unmodified and unchanged, as did the side on which it was set on the floor.

(5) Objects were moved, necessarily moved, but every object that was in a room, if it was not actually taken away, remained in the same room, without ever moving to another room, or being taken out of the room and then back in. The only parts of the house through which operators from the various places all passed were thus the living room and corridor. One might thus assume that some DNA of Raffaele Sollecito that had been left somewhere in the living room or corridor was moved, and ended up on the hooks. Such a movement of DNA and its subsequent repositioning on the hooks would have had to occur either because one of the technicians walking on the floor on which the DNA was lying hit it with his foot or stepped on it, causing it to end up on the hooks, or because by stepping on them, he impressed onto them the DNA caught underneath the shoe-cover he had on in that moment.

But these possibilities cannot be considered as concretely plausible: to believe that, moving around the house, the DNA could have been kicked or stepped on by one of the technicians, who in that case would have been moving about, and to believe that this DNA, instead of just sticking to the place it had been kicked or stepped on by (probably the shoe, or rather, the shoe-cover), having already been moved once from its original position, would then move again and end up on the hooks, seems like a totally improbable and risky hypothesis.

(6) “¦..and more importantly, none of the operators, after having touched some object which might have had Raffaele Sollecito’s DNA on it, then touched the hooks of the small piece of bra so as to make even hypothetically possible a transfer of DNA (from the object containing Sollecito’s DNA to the gloves, from the gloves to the hooks). In fact, none of the operators during the search of November 6th and 7th even took note of that little piece of bra, and thus in particular no one picked it up.” [Note that this observation is a direct contradiction of the unproven suspicion that this had in fact occurred - Massei had, of course, also watched the crime scene videos, seen the relevant clip and heard the argument.]

(7) Movement of objects, in particular of clothing, may have induced the movement of other objects, and this is what the Court considers to have occurred with respect to the piece of bra which was seen on the floor of Meredith’s room on November 2nd-3rd and left there. Deputy Commissioner Napoleoni, referring to the search of November 6th, has declared that she recalled the presence of a bluish rug; one can thus conclude that this rug was looked at during the search and entered into contact with the operators making the search, and like other objects, was moved from its original position, but always remaining on the floor of the room; during this movement it must have covered up the piece of bra (which was on the floor of the same room and yet was not noted during the search), thus determining by its own motion the accompanying motion of the small piece of bra, making it end up where it was then found during the inspection of December 18th: under the rug, together with a sock, in the same room, Meredith’s room, where it had already been seen. So it underwent a change of position that is, thus, irrelevant to the assertion of contamination.

Now, whatever one makes of Massei’s observations, he has at least considered, on a plausible level, the dynamics of secondary and tertiary transfer, generally and in this case - unlike either Hellmann-Zanetti or Conti-Vecchiotti. Furthermore, and in consequence, he concluded that contamination was simply not probable.

We should also recall the following words with regard to second and tertiary transfer, in the quote from Hellmann-Zanetti above”¦”¦”¦”¦”the fact that this is not an unusual occurrence is proven by studies cited by the expert team and also by the defence consultants”¦.”

What studies? Unfortunately Hellmann-Zanetti do not elaborate on these studies, and the proof therein allegedly contained, nor can we see them cited in the Conti-Vecchiotti report!

This leads me to the suspicion that Hellmann-Zanetti are trying to pull the wool over our eyes here. Yes, certainly secondary and tertiary transfer is not an unusual occurrence but the circumstances as to when this is likely, or not, is not discussed, let alone evaluated. It seems to me that this is not unimportant and the omission is surprising.

What Conto-Vecchiotti actually say about the subject in their report is mind-boggingly amateurish, trite and misleading. So much so that one doubts that they are really experts.

The relevant section about contamination (such as it is) in Conti-Vecchiotti is under the heading “Notes On Inspection And Collection Techniques”. Reading this I note, in the second paragraph, being in, it would seem, Conti-Vecchiotti’s own words:

The starting point is always Locard’s Principle according to which two objects which come into contact with each other exchange material in different forms. Equally the same principle scientifically supports the possibility of contamination and alteration [of the scene] on the part of anyone else, investigators included, who comes into contact with the scene.

Far from being just a starting point Locard’s Principle seems to be all that Conti and Vecchiotti know about the transfer of DNA.

For what it is worth Edmond Locard established an early crime lab in 1910 ( being a fan of Conan Doyle’s Sherlock Holmes stories) and wrote many articles as a result. However he never actually wrote any words approximating to “with contact there is an exchange of material” (which is not exactly a law of physics in the same manner as the laws of motion are) nor did he mention anything concerning a principle.

What he did write was “It is impossible for a criminal to act, especially given the intensity of the crime, without leaving traces of his presence.” Sherlock Holmes would have said the same.

Incidentally it is science that supports a principle, and not the other way around. I would have expected Conti-Vecchiotti to know that.

I have surfed the internet for articles on the subject of tertiary transfer and there does seem to be “a lack of published data on the topic”, to quote one site I found.

Furthermore if they existed one might expect to find that they are referred to by the scientists in the FOA camp, but again I do not see these or that those that are referred to, eg by Halkides, add anything to what has already been discussed above.

Which leaves the “probability” element of contamination undemonstrated. Whatever the opportunities for contamination that there may have been arising from breach of guidelines (contentious in some if not all cases) these remain hypothetical whilst the probability of contamination remains undemonstrated.

But for Hellmann-Zanetti, conveniently, there is no need to demonstrate anything, because of the following:

Now, Prof. Novelli and also the Prosecutor stated that it is not sufficient to assert that the result comes from contamination; it is incumbent on one who asserts contamination to prove its origin.

However, this argument cannot be accepted, insomuch as it ends up by treating the possibility of contamination as an exception to the civil code on the juridical level. Thus, one cannot state: I proved that the genetic profile is yours, now you prove that the DNA was not left on the exhibit by direct contact, but by contamination. No, one can’t operate this way.

In the context of a trial, as is well known, it falls to the PM who represents the prosecution before the court (the terminology is used in Art. 125 of the implementing provisions of the Code of Criminal Procedure), to prove the viability of all the elements on which it is based, and thus, when one of these elements is completed by a scientific element represented by the result of an analytic procedure, the task is also to prove that the result was obtained using a procedure which guarantees the purity [genuinità ] of the exhibit from the moment of collection right through the analysis.

“¦”¦.. when there is no proof that these precautions guaranteeing that the result is not the fruit of contamination were respected, it is absolutely not necessary to also prove the specific origin of the contamination.

The use of the word “absolutely” is interesting, as if this was the last word on the matter, and any evaluation is to be declined.

Now I sense the presence of a premise which is already a conclusion. This being that because there are (as Hellmann-Zanetti hold) breaches of guidelines, then the DNA result is unreliable for that reason.

As it happens, this is exactly what Conti-Vecchiotti say. But as it stands this is an unargued proposition. For this to be a valid deduction “for that reason” should be explained by the inclusion of another premise which we can at least accept as true - “A breach entails that the possibility of contamination cannot be excluded”. Then we can formulate a simple deduction, though it would be unsound until we can answer the question “Does the possibility of contamination render the result unreliable?”

A scientist may explain what “unreliable” means to him. But I want to answer the question in juridical terms, and this can be done quite simply.

Any element of evidence in juridical proceedings is weighed only by the probability that it represents the truth. The possibility that it does, or it does not, is simply to be discarded as having no weight either way. Accordingly, for the purpose of the argument, and for any proceedings in court, it cannot be accepted that the possibility of contamination renders the result unreliable. Whether it is unreliable or not has to be looked at in a different way, according to the balance of probabilities.

Getting back to the quote, I would say that both Hellmann-Zanetti and Novelli are right, and they are also both wrong.

Hellmann-Zanetti are of course right in that the burden of proof remains with the prosecution with regard to all elements.

And the way Prof. Novelli puts it is somewhat incorrect, but only because he is a scientist and not a lawyer.

That the burden of proof remains with the prosecution does not alleviate the defence of any burden with regard to an issue such as contamination.

There is also an issue to be discussed as to whether the burden on the prosecution is to demonstrate non-contamination beyond a reasonable doubt or merely that contamination is not probable.

Let’s start with whether there is any burden on the defence.

There is a general principle to which even criminal proceedings are subject. “Onus probandi incumbit ei qui dicit, non ei qui negat.” My Latin is not great but roughly translated “the onus of proof is on he who says it, not he who denies it.”

Dr Galati, in his Supreme Court Appeal Submissions, puts it this way (more forcibly than I would) -

In other words, if a piece of circumstantial evidence must be certain in itself, and if therefore even scientific proof must be immune to any alternative-explanation hypothesis, this does not alter the fact that this hypothesis ought to be based on reasonable elements and not merely abstract hypothetical ones. And if the refutation of a scientific piece of evidence passes via the affirmation of a circumstance of fact (being the contamination of an exhibit), that circumstance must be specifically proved, not being deducible from generic (and otherwise unshareable) considerations about the operative methodology followed by the Scientific Police, absent demonstration that the methods used would have produced, in the concrete, the assumed contamination.

I do not myself think it is realistic for the defence to have to prove a specific contamination path from point A to point B. That would be unrealistic. But certainly if the issue of contamination is to be raised the defence must go beyond an abstract hypothetical explanation that in the event, as is the case here, is devoid of known origins for the contamination. (Save for the trace on the cigarette stub, so that if that was the source there would be Knox’s DNA mixed in with Sollecito’s on the clasp). Otherwise how is the prosecution to respond? With what level of proof?

Should it be beyond reasonable doubt? How Hellmann-Zanetti would wish! “Beyond reasonable doubt” is the standard to be applied to the prosecution’s case in its entirety, to any attribution of culpability for the crime to the accused. It is not parcelled out to each and every element.

The correct standard to apply to an element such as contamination (as it is for any piece of circumstantial evidence) is “the balance of probability having regard to other elements”. The alleged breaches of crime management guidelines are in themselves only circumstantial, requiring, for any weight to be attached to them, corroborative or supporting elements as to which, as I see it, there are none. So the correct question is: Is contamination probable or not? (This is not to exclude that there may sometimes, somewhat rarely, be circumstances where it can be proved beyond reasonable doubt)

So we are back to probability again. It is a battle (if at all) of probabilities and we must not confuse what is possible with what is probable, however much our eyes are opened to what is possible.

That it is such, is tacitly acknowledged by Hellmann-Zanetti when they argue that Sollecito’s DNA being on the bra hook but not on the fabric of the clasp is improbable. My response to that would be to say that it is far more probable than that there was contamination of the hook.

The absence of any argument as to probability may have been a thought that popped into Vecchiotti’s head when she retorted “probable” (feeling a bit sick about the answer afterwards I hope). However that she could make that assertion does not fill one with much confidence when considering that she also maintains that there were errors in Stefanoni’s interpretation of the electropherogram result, even whilst accepting that Sollecito”˜s profile was there, not least because his Y chromosome was as well.

Don’t expect Conti and Vecchiotti to be re-invited if there is any replay of the appeal trial.

Posted by James Raper on 09/11/12 at 02:43 PM • Permalink for this post • Archived in Various hypotheses, Evidence & Witnesses, DNA and luminol, Trials 2008 & 2009, The Massei Report, Appeals 2009-2015, Hellmann critiques, Hoaxes Sollecito etc, 27 Single alibi hoax • Comments here (21)

Thursday, September 06, 2012

Dissecting The Hellmann Report #5: Their Obfuscation of Time of Death and Of Legal Blameworthiness

Posted by Cardiol MD

[View down on Meredith’s very well-lit house from the apartment above witness Madame Nara Capezzali’s]

Surreal Documentary Context

We have a very surreal situation on our hands. One perhaps without legal precedent. As previously in this series the legal document being analysed here is the Hellmann-Zanetti appeal report.

1) No main media in the US or UK have put that appeal report into English or done any serious legal analysis.

2) Nor have they translated the original trial report by Judge Massei or done any serious analysis of that.

3) Nor have they translated the tough and detailed appeal to the Supreme Court by the Chief Prosecutor of Umbria, Dr Galat, which was summarised and analysed by Yummi here. The meticulous PMF translation team should complete its translation soon.

4) None of the books on the case at present bring the legal developments up to the present or get into the details of the very tough Galati appeal.

Meanwhile the Knox and Sollecito teams are racing to get out their books in the US, with media interviews being scheduled, presumably in the hope that this vacuum of hard facts described above continues and they can fill it with their own kind of PR spin.

Of course none of this impinges on pending legal events in Italy where interested Italians have a radically different and more informed view. Except only to make sure everything is done correctly and firmly to the letter.

As usual, Knox and Sollecito are coming across as if they are on a different planet. Not one good lawyer seems to be explaining things to them, or even be of top of things for that matter.

On Hellmann-Zanetti on Time of Death

In this series, my previous posts explained the distortions and illogicalities in the Hellmann-Zanetti appeal report in the passages on the calunnia (false blaming of Patrick), witness Curatolo, and witness Quintavalle, and also the seeming prejudicial language used throughout.

Vital reading in advance of this post is Considering The Sad And Sensitive But Also Crucial Subject Of Meredith’s Time Of Death by my fellow lawyer James Raper.

He explained the difficulties of being precise about Meredith’s time of death, and he commented on Hellman-Zanetti as follows.

The first point to note here is that Hellmann misinterprets the first Court’s findings. He ignores the fact that the first Court did determine a TOD between 11pm and 11.30 pm as probable based on the pathology alone, and gave reasons for this.

None of the expert testimony is rehearsed, let alone re-evaluated by Hellmann. He proceeds merely to discredit the reliability of the witnesses as to the other elements such as the scream etc.

One recalls that Nara Capezzali says that she heard a scream sometime between 11 and 11.30 pm. That there was a broken down car and the breakdown driver came and went between perhaps 11 and 11.15 pm.

As mentioned earlier his hypothesizing about the other elements leads him to a TOD of not later than 10.13 pm although this time seems a very random one based on what he presents. He talks in this section about Guede’s statement that he arrived at the cottage at 9 pm.

One suspects that if Hellmann could have fixed the time of death at 9.15 pm or 9.30 pm then he would have done so as either time would be a get out of jail free card for Knox and Sollecito. He did not, but he got them out of jail nevertheless with his hypothesizing - here and elsewhere in his report.

So perhaps not surprisingly Dr Galati in his appeal to Cassation devotes nearly 3000 words to taking apart Hellmann-Zanetti’s arguments on Time of Death, under these 4 headings:

Defect or manifest lack of logic in the sentencing report

The intercepted chat [Guede on Skype]

Meredith’s mobile phones

The testimony of the three women [Capezzali, Monacchia, and Dramis]

Hellmann-Zanetti is politely but explicitly excoriated. In Dr Galati’s summarising of his own arguments he states this:

The claimed timing of the death of Meredith Kercher demonstrates a manifest illogicality in the reasoning, contains an unfounded assessment, and is manifestly in contrast with other court documentation of the case.

The internal and external inconsistencies of Hellmann’s statements on the topic constitute [yet another] violation of the Criminal Procedure Code.

Here are some examples of H/Z’s flood of reasons-to-doubt AK/RS’s guilt listed under Time of Death and not specifically mentioned in previous Dissections [my emphases]:

Capezzalli “”¦was not able to pinpoint an exact time”¦”

”“¦the source of those [the scream and other] noises is not certain at all”¦.”

”“¦Monacchia’s testimony does not allow the time of the scream to be pinpointed at 11:30 PM, rather than at 11 PM or even before.”

”“¦she heard a loud scream of a woman, of which she could not however locate the source with certainty.”

“The witness was not more accurate about the time, she could not connect it to objective data, but in her first testimony [verbale], when she presented herself to the investigators (the transcript of November 8, 2008 used for the indictment) she mentioned [aveva indicato] Êº... at about 11 PMÊº. Monacchia’s statements therefore increase the ambiguity, as circumstantial evidence, of Capezzali’s statements instead of resolving it.”

“Dramis, in fact, said that she went to sleep at around 11”11:30 PM, and that she woke up later (without being able, however, to specify how much later, while not excluding that it could have been 11:30 PM) due to the noise of quick footsteps, but she could not specify their direction, nor if they were produced by one or more persons, and she also noted that such events are not at all uncommon in this place”¦.. We find ourselves, therefore, confronting a piece of circumstantial evidence (scream and footsteps) [which is] extremely weak for its ambiguity, since it cannot even be placed with certainty in time.”

On Hellmann-Zanetti on Blameworthiness of Defendants.

As an example of a possible tendency under any legal system, Canadian law has already strayed-away on this subject, over a period of about nine years, and was only recently brought-back only by an Appellate ruling. So attempts to derail Italian law on this issue may be inevitable:

Canadian criminal law aims to maintain proportionality between the stigma and punishment attached to a conviction and the moral blameworthiness of an offender, in R v. Martineau (1990) the Supreme Court of Canada held that it is a principle of fundamental justice under sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms that a conviction for murder requires proof beyond a reasonable doubt of a subjective foresight of death. In so doing, the court effectively declared sections 213 and 229(a)(i) and (ii) of the Criminal Code of Canada lacking in constitutional muster.[7]

Section 213(a) provided that a conviction for murder would lie for any killing that was “objectively foreseeable as a result of the abominable nature of the predicate crimes…inter alia…coupled with intentional infliction of bodily harm”.[7] . This largely equated with a Canadian form of felony murder, though it is technically closer to constructive murder in other jurisdictions.[8] .

Nevertheless s. 229(c), which provides for a form of constructive felony murder in situations where “an accused for an unlawful object did anything knowing that it was likely [on an objective standard] to cause someone’s death” is still operative, as confirmed in a 1999 appellate court decision”

Common-Law “˜Malice’ has historically required that an accused “knew, or ought to have known that the relevant act was wrong.”

In that “ought” lies an escape hatch.

What we believe as to the blameworthiness of these three offenders is obvious - they were committing a premeditated felony-sexual-assault using means which were foreseeably lethal, and actually were lethal.

Hellmann-Zanetti have already made clear what their blameworthiness opinion would be, although they have evaded reaching the issue by arguing reasonable doubt that two of the offenders were involved in Meredith’s murder, and deserve no blame for it whatsoever.

A legal issue which may eventually need to be addressed is whether a conviction for murder requires proof beyond a reasonable doubt using a subjective foreseeability of death standard or using an objective foreseeability of death standard.

If a subjective foresight of death were ever applied to a found-guilty AK & RS, they could plead that they just didn’t foresee that pricking Meredith’s neck with those knives could kill her; it was just a prank. For example “we were only hazing her; anyway, we were either mentally-ill or drugged or just plain dumb.”

If an objective foresight of death finding were ever applied to a found-guilty AK & RS, who were obviously committing a felonious assault using foreseeably lethal means, Meredith would get True Justice.

Posted by Cardiol MD on 09/06/12 at 08:33 PM • Permalink for this post • Archived in Evidence & Witnesses, Various timelines, Other physical, Appeals 2009-2015, Hellmann critiques • Comments here (25)

Monday, August 20, 2012

Dissecting The Hellmann Report #4: The Contortions To Dismiss Witness Quintavalle

Posted by Cardiol MD

[Above: Images of Mr Quintavalle’s Conad store; he serves at far left, his cashier serves at far right]

Scroll down here for previous posts in this series.

Mr Quintavalle owns the Conad franchise at the lower end of Via Garibaldli, about halfway between Meredith’s place and Sollecito’s. Judge Massei in his trial sentencing report had stated this about Mr Quintavalle on page 83:

This Court deems that the testimony of Quintavalle is reliable. It was discovered that Inspector Volturno did not ask Quintavalle if, on the morning of November 2, he saw Amanda Knox in his shop.

He was asked ““ so Quintavalle recalled - about purchases made by Raffaele Sollecito. Mr. Quintavalle did not say anything about having seen Amanda Knox on the morning of November 2, 2007 in his shop because he was not questioned about this and because, as indicated by Quintavalle himself, he considered this fact to be insignificant.

This post exemplifies how the Hellmann-Zanetti web of deception uses a flood of reasons-to-doubt in its attempt to discredit Massei’s conclusion that Quintavalle was a reliable witness. Remarkably, the judges did not even recall Mr Mr Quintavalle, and mostly they work from the brief summary of his testimony in Massei’s report and little else.

Quintavalle’s testimony is key to the guilty verdicts against Knox and Sollecito, and contrary to Hellmann-Zanetti’s improper purpose; therefore they proceeded to systematically “disprove” Massei’s conclusion, stating this on page 39:

Indeed, Quintavalle asserts that she left without having purchased anything.

Verbatim from the hearing of March 21, 2009:

The Hellmann report here proceeds to selectively quote the hearing-transcript in a manner contrary to the usual and customary English-language meaning of “verbatim”. It may be that Hellmann-Zanetti meant to indicate that only the words they did quote were verbatim, and that their ellipses indicated innocent omissions. However the effect of their omissions is not innocent.

“¦If they had asked me”¦also because, I repeat, I, when the young lady came into my store, I did not see her leave with anything, because when she passed by and passed by again, when she left and I saw her, out of the corner of my eye I saw her leaving, I did not see that she had a shopping bag or anything in her hands.

PRESIDING JUDGE [PRESIDENTE]: You are speaking of the morning of November 2?

ANSWER: The morning of November 2. I don’t know if she bought anything, I don’t know. My cashier doesn’t remember if she bought anything, I am not able to say whether she bought something or not”¦”

If one wanted to maintain that perhaps Quintavalle is wrong, because she actually did purchase something, it would be correct to observe that if he could be wrong on this point, and also about the clothing she was wearing, then he could also be wrong about the identification of the young woman [giovane] as Amanda Knox.

Finally, the testimony of the witness Quintavalle does not seem reliable, and, in any case, represents an extremely weak piece of circumstantial evidence.”

Examples of Hellmann-/Zanetti’s flood of Reasons-to-Doubt [That AK/RS are Guilty] :

From Hellmann-Zanetti pages 39-43:

“Quintavalle

Another piece of evidence [uno degli elementi] on which the Court of first instance based its conviction of guilt is represented by the testimony of the witness Quintavalle, owner of a grocery store in Corso Garibaldi, not far from Sollecito’s house but also just a few minutes from via della Pergola: he in fact asserted that he saw, early in the morning of November 2, a young woman enter[sic] his store after having waited for it to open, whom he later recognized as Amanda Knox.

According to the prosecution (and to the Court of first instance), this circumstance proves that, contrary to the alibi she gave, she did not sleep at Sollecito’s house until late in the morning, but went very early to Quintavalle’s store, as she urgently needed to acquire a cleaning product suitable to clean the house in via della Pergola of her own traces and those of Raffaele Sollecito, before the police could intervene and take samples, since it was inevitable that sooner or later the alarm would be given because of what had happened.

In reality, even under the assumption that the circumstance is true, this would be a weak piece of circumstantial evidence, incapable in itself of proving guilt even presumptively; but in any case this Court holds that the testimony of the witness is not very reliable, in particular in what concerns the identification of the early”morning client with Amanda Knox.”

(1) Reason-to-Doubt #1: “”¦INCAPABLE IN ITSELF of PROVING guilt even presumptively”¦.”

The reader is being steered away from a level of doubt that is beyond-reasonable, and towards the territory of reasonable-doubt-that -AK/RS-are-Guilty.

“INCAPABLE IN ITSELF” improperly isolates the issue from all the other considerations which should simultaneously-be-taken-into-account.

“PROVING” improperly implies an inappropriate standard of “˜certainty’.

“¦.this Court holds that the testimony of the witness is NOT VERY RELIABLE, in particular in what concerns the identification of the early”morning client with Amanda Knox.

Logically “not very reliable” does not exclude “reliable” but Hellmann-Zanetti presumably don’t intend to concede that Quintavalle is reliable; this betrays Hellmann-Zanetti’s extreme bias and determination to exclude Quintavalle’s damning identification of [their client?] Knox.

Later on page 38:

In fact, he presented himself to the police only a year later, following intense urging by a young apprentice journalist”¦..”

This is a misleading reference to Antioca Fois; see Massei page 84:

He later spoke about having seen Amanda Knox because a young man who used to live above his shop, who he knew, Antioco Fois, had just graduated and had become a freelance reporter for the newspaper Giornale dell’Umbria. When he passed him, he would sometimes ask: “But do you know anything? Did you see something? Did you hear something?”

So one day Quintavalle told Fois that he had seen Amanda Knox on the morning of November 2; later he decided to go to the Public Prosecutor’s Office because Antioco Fois convinced him that this fact might be important.

So the “intense urging” was more like friendly exchanges with Quintavalle’s neighbour, a former lodger.

(2) Reason-to-Doubt #2: “In fact, he presented himself to the police only a year later”¦.”

Readers are invited to mistrust Quintavalle because he belatedly told this to the police for an untrustworthy reason, steering them further away from a level of doubt [with regard to Knox/Sollecito guilt] that is beyond-reasonable, and further into territory that is reasonable-doubt of their guilt.

Later still on page 38:

Now, what actually happened more than a year before Quintavalle presented himself to the police is absolutely not irrelevant, for the purpose of evaluating the reliability of the witness, especially from the point of view of the genuineness of his memories and the exactness of the identification.

(3) Reason-to-Doubt #3: “absolutely not irrelevant, for the purpose of evaluating the reliability of the witness”

This double-negative statement further invites Readers to regard Quintavalle as unreliable because his memories are false, and his identification of Knox is too inexact. Steering Readers yet further into a level of doubt of Knox’s guilt that is reasonable-doubt.

Yet further down on page 38:

“¦..this was a witness who ““ taking into account what he himself explained ““ took a year to convince himself of the precision of his perception, and the exactness of the identification of Amanda Knox with the girl that he saw, although he was able to appreciate the relevance of his testimony already in the days immediately following the murder.

(4) Reason-to-Doubt #4: “..took a year to convince himself…”

From Hellmann-Zanetti page 36:

“¦..took a year to convince himself of the precision of his perception, and the exactness of the identification of Amanda Knox with the girl that he saw, although he was able to appreciate the relevance of his testimony already in the days immediately following the murder.

Repetition of reader-invitation to regard Quintavalle as unreliable, because his perceptions are not precise enough for Hellmann-Zanetti, and his identification of Knox was too inexact even though he knew at that time that his testimony was crucially relevant.

The reader is being steered even further away from belief that Knox and Sollecito are guilty towards the territory of reasonable-doubt-that -AK/RS-are-Guilty.

Are we there yet? Is there reasonable-doubt-that-AK/RS-are-guilty NOW?!

(5) Reason-to-Doubt #5: “Quintavalle cannot maintain that…”

Near the bottom of Hellmann-Zanetti page 38:

...from the testimony of Inspector Volturno at the hearing of March 13, 2009, it turned out that Quintavalle and his employees and other shopkeepers in the area were shown photographs of Raffaele Sollecito and Amanda Knox, and were asked in particular to mention any possible purchases of cleaning products on the part of the couple, as this was a precise focal point of the investigation. Thus, Quintavalle cannot maintain that he did not mention what he saw on the morning of November 2 to Inspector [53] Volturno because he did not think it was a relevant circumstance.

Readers are yet further invited to mistrust Quintavalle, because his failure to “mention” everything he had seen, and his idea of “a relevant circumstance” were unacceptable to Hellmann-Zanetti.

That’s already five reasons to doubt on the first Quintavalle page alone.

Tuesday, August 14, 2012

Giuseppe Castellini Speaks Up For A “Kind Homeless Man Of Many Aspects”

Posted by Jools

Giuseppe Castellini (above) is the editor of the Journal of Umbria in Perugia. Throughout the case he and his various reporters have done amazing, fearless work.

Today he writes movingly about the sad passing in prison of the honest and brave free spirit Antonio Curatolo, who had been charged during the appeal on a minor eight-year-old charge, apparently at someone’s insistence.

Our lives crossed on the path of the tragic murder of Meredith Kercher. And, somehow, we were no longer separated. Even though, rather than crossing paths, in time they’ve run parallel courses. Up to Friday, when death took him away, at the age of 56. And in his passing we (I speak in the plural because the same sentiment is felt by Francesca Bene, Luca Fiorucci and Antioco Fois, the colleagues who have been following the Meredith case and who met him), we feel deeply saddened.

Antonio Curatolo was no saint. But he had his candour, his naturalness, his humanity and his inner rectitude. Sometimes, I felt he was perhaps dissociated. The homeless romantic and anarchic that reads a lot and has a self-taught culture, living on the edge of society by choice, but who “struggles along” not always in a limpid way. A stray cat, clever and naïve at the same time. Tough and kind, profoundly honest, and at the same time illicit.

I remember when we were informed that a homeless man told someone (who then informed us) that he had seen on the night of the murder Amanda and Sollecito in the Piazza Grimana in Perugia, when as usual he was reading while sitting on a bench in the piazza. The story is well known: Amanda and Sollecito are at the edge of the basketball court, and Raffaele sometimes gets up and leans over the guard rail.

An important testimony, because they had said they were asleep at that time. I remember the contact, the meeting, making him repeat continuously until he was exhausted, what he had seen. Trying to make him contradict himself, to see if what he was saying was true.

A good relationship was born in those days. We spoke about other things apart from the Meredith case, things in general. We got to know each other, we talked about our lives, so many things. And, eventually, it was not very difficult to convince him to tell the investigators what he had told us.

Even though we had to insist (with him, but also with the other witnesses that we found) on surpassing that anti-State Italian mentality in which everyone goes about his business, and that if you rather trust the State you’ll end up in trouble. He testified, and since his testimony was very important (he was defined by the media, with a bit of exaggeration, the “super-witness”), he was “grilled” very thoroughly.

But he essentially repeated the same story. So much so that the defence teams of Amanda and Raffaele, in the end they stirred in the direction of Curatolo maybe having seen the two youngsters, but not on the night of the murder. His version fully convinced the GUP Judge Micheli (who pointed out that no one could dare question his story because of the mere fact that Antonio had chosen an unusual way of life) and also convinced the judges of the First Instance trial.

Not those judges of the appeal, though, according to whom all the witnesses - especially if found by journalists ““ were either mythomaniacs, or were prompted to exaggerate by the suppose desire at all costs for a journalistic scoop by reporters (showing, if I may say so myself, a strong cultural retardation of the judges and a very provincial point of view - far from the reality ““ toward the print press and, more generally, media).

Antonio, as mentioned, was not a saint. His relationship with drugs not only bears witness to his admission that he was a heroin addict, but also the legal troubles related to possession of drugs with intent to sell. An accumulation of small penalties that brought him under house arrest and in prison. Although he proclaimed his innocence. The last time I saw him, some months ago, was when I met him in the street and I accompanied him to the small flat he had rented in Corso Cavour. To complete the house arrest penalty, he told me.

But seeing him enter into that small apartment, after seeing him in the cardboard houses that he was building here and there, gave me the sad impression of a little bird entering a birdcage.

In short, I loved him, despite some aspects of his life. When I saw him we smiled. And they were smiles of men sincere with each other. I had affection for him. His sins, I’m sure, have been forgiven.

May the earth of the grave rest lightly on you, Antonio.

Posted by Jools on 08/14/12 at 06:27 PM • Permalink for this post • Archived in Evidence & Witnesses, Other witnesses, News media & movies, Excellent reporting, The wider contexts, Perugia context • Comments here (11)

Saturday, July 21, 2012

Ominous Development For Sollecito And Knox: A DNA Conviction Based On A Tiny Sample Of DNA

Posted by The Machine

[Burgess, image below, murdered Yolande Waddington and, above, Jeanette Wigmore and Jacqueline Williams]

There is a HUGE dagger hanging over Sollecito and Knox. A UK case resolved this week indicates why.

New tests on the DNA sample on the large knife found in Sollecito’s house which the independent DNA experts refused to do, and the judges failed to re-order despite a strong prosecution request, could result in Knox and Sollecito being ultimately convicted and secure Knox’s extradition to serve out her term.

Lawyers consider it a dead certainty that the Supreme Court will order those tests - that is if they dont throw out the entire Hellman/Zanetti judgment for illegal scope, or throw out the DNA report for illegally having been ordered in the first place.

(1) Summary of the UK case

David Burgess this week was convicted in Reading of murdering Yolande Waddington, 17, some 46 years after the crime was committed, thanks to all the advances in DNA technology. Back then, he was already convicted of killing Jeanette Wigmore and Jacqueline Williams.

Burgess is the latest person in Britain to have been finally found guilty of murder years after his crime was committed. Nat Fraser, Gary Dobson and David Norris had been convicted of murder this year after evading justice for a number of years.

In September 2010, Thames Valley Police reviewed the case and with advances in DNA techniques finally gathered the evidence which resulted in Burgess being convicted of Yolande Waddington’s murder.

Forensic experts obtained a partial DNA profile from the blood samples using a new technique called MiniFiler. It differs from previous methods as it can obtain information from smaller pieces of DNA. This is ideal for older cases where samples have degraded over time.

According to the manufacturer’s website

[The MiniFiler kit] increases your ability to obtain DNA results from compromised samples that previously would have yielded limited or no genetic data. This means cold cases can come off the shelf for re-analysis and new, challenging samples have a better chance of delivering interpretable results.

When David Burgess attacked Yolande, he left blood on a number of Yolande’s items, including her hair band and comb. Tests showed the chances of the DNA found on the comb and hair band not being Burgess’s were not more than one in a billion.

[Below: David Burgess then and now who had taunted the police a year ago to “prove it”]

(2) Here are the implications for RS and AK

It puts the 46-day delay (caused by the defenses) in retrieving the bra clasp into perspective.

It’s not the first case of somebody being convicted of murder decades after the crime took place on the strength of DNA evidence. Ronald Castree was convicted of murdering Lesley Molseed 32 years later.

It also highlights the arrogant negligence of the DNA consultants Stefano Conti and Carla Vecchiotti who had refused to carry out ordered test on the knife for flimsy reasons (“the technology is experimental” when it wasn’t) that no US or UK court would have accepted. They had been specifically instructed to do the tests if possible by Judge Hellmann.

At trial in 2009 it was accepted that Amanda Knox’s DNA was found on the handle of the knife sequestered from Sollecito’s kitchen. There still is no argument about that.

And a number of independent forensic experts - Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor Francesca Torricelli and former Caribinieri General Luciano Garofano - had all confirmed that Meredith’s DNA was found on the blade.

Even Greg Hampikian, a forensic expert who argues Knox is innocent, concedes that Meredith’s DNA was definitely found on the blade.

Stefano Conti and Carla Vecchiotti didn’t know that Dr Stefanoni analysed the traces on the knife a long six days after last handling Meredith’s DNA. Contamination couldn’t possibly have occurred in the laboratory after so long a gap.

At the appeal, Professor Guiseppe Novelli testified that there are a number of laboratories that now have the latest accepted technology to carry out a new test on the remaining DNA on the knife.

The fact that Judge Hellmann denied the prosecution the opportunity to present evidence to the contrary was a violation of the procedure code. Italian law states the following:

If new evidence about a point is admitted, evidence a contrario proposed by the opposing party must always be admitted too.

Dr Giovanni Galati has now argued in his appeal to the Supreme Court that Judge Hellmann should have allowed a new test to be performed because the technology is NOT experimental but cutting edge. Summary here:

The second [point concerns] the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

As remarked at the top, if the entire judgment or the DNA report are not thrown out for illegal scope, Judge Hellman’s refusal to allow the prosecution’s request to allow a new test on the knife will be the main reason why his verdict will be revoked.

Under Italian law RS and AK still stand accused until the Supreme Court signs off. Anyone who is concerned with the truth and justice and what Meredith stood for and the good name of Italy will want to know whether the remaining DNA on the knife is Meredith’s.

If Meredith’s DNA is identified on the knife it should make conviction and extradition a slam dunk..

[Below: ViaDellaPergola’s video first posted 18 months ago and still relevant]

Posted by The Machine on 07/21/12 at 03:51 PM • Permalink for this post • Archived in Evidence & Witnesses, DNA and luminol, Appeals 2009-2015, Hellmann 2011+, Cassation 2013, Hoaxers from 2007, Hoaxers from 2011, Greg Hampikian • Comments here (35)

Wednesday, May 09, 2012

Considering The Sad And Sensitive But Also Crucial Subject Of Meredith’s Time Of Death

Posted by James Raper

The following is a discourse on the time of death (TOD) arguments in the case.

These have been summarised but not analysed in depth yet on TJMK. A discussion on the pathology is not really everyone’s cup of tea, but the issue was examined in some detail by Massei and to some extent by Hellmann with somewhat differing conclusions reached.

The topic is relevant because Judge Massei used (inter alia) the expert’s findings to corroborate a TOD being after 11pm, more toward 11.30pm, whereas Judge Hellmann argued an earlier TOD as follows: “it is more consistent”¦.to hypothesize that in fact the attack, and hence the death shortly thereafter, occurred much earlier than the time held by the Court of first instance, certainly not later than 10.13 pm”.

In addition to what is covered by the contents of these two Motivation Reports, there is an argument which is presented by the Friends of Amanda, and in particular Chris Halkides who I understand is, or was, an Associate Professor of Chemistry and Biochemistry at the University of North Carolina. In fact he presents an argument put forward by Professor Introna (Sollecito’s expert) during the trial.

This argument is to do with the standard time for the stomach to empty from the start of a meal, and relating this to the autopsy findings and in particular that of the pathologist Dr Lalli who found that Meredith’s stomach was 500cc full but that there was no material to be found in the duodenum. Halkides’ argument is that this demonstrates conclusively that Meredith was attacked shortly after her return to the cottage at 9pm and would have died shortly thereafter. The significance of this, if correct, is apparent in that it opens up, or at least it raises a doubt as to whether there is or not a verifiable alibi for Knox and Sollecito.

Although Knox does not have an alibi from the time of Meredith’s return home at 9pm, there was human interaction, the last, on Raffaele’s computer at 9.15pm, and one might assume that they were together at that time. But no verifiable alibi until one takes into account that Curatolo says that he first saw the two on Grimana Square around 9.30pm.

My area is the law, and I have no medical or scientific expertise, so I hesitate to go up against anyone who has, but nevertheless I will endeavour to summarise and rationalise the evidence, arguments and conclusions as presented by Massei, Hellmann and Halkides.

First a word about the digestive system.

Food, already masticated, passes through the esophagus to the stomach, where it is broken down by acids, from where it then passes to the small intestine from whence the body extracts the nutrients it needs. The duodenum is that part of the small intestine right next to the stomach and it’s function is to dissolve the food “juice” further with enzymes before passing it on to the rest of the small intestine.

Judge Massei

Judge Massei considers the experts’ findings in the following areas to determine a likely time of death.

The first is temperature decrease, “taking the Henssge nomogram into account: rigor mortis; hypostatic marks” etc.

One can note that in fact rigor mortis and the hypostatic marks were not in the least bit helpful due to the 12 hour delay in the pathologist getting to examine the body.

That apart, nevertheless “¦”¦“These led Dr Lalli to conclude that death may have occurred between 21 hours 30 minutes, and 30 hours and 30 minutes, before the first measurement, and thus between approximately 8 pm on November 1st 2007, and 4am on November 2nd”¦.The intermediate value also indicated by the mathematical reconstruction (26 hours prior to the first measurement) puts the time of death at approximately 11 pm.”

Just how one works out TOD on temperature decrease indicators, especially in the absence of a pathological examination earlier than that which took place here, is pretty technical. I will not attempt to present the data (some of which is missing i.e Meredith’s actual body weight) or explain the mathematical models (so as to calculate body weight and the rate of cooling) (the Henssge nonogram appears to be one such mathematical model in graph form) that the experts used.

Nearly all the experts, other than Professor Introna, whilst having marginal disagreements about data and formulae, were not in fundamental disagreement about the wide parameters of or even Dr Lalli’s conclusion of a TOD of approximately 11pm.

Professor Introna departed from the other experts to use an “ideal weight” and a specific formula to calculate the ideal weight, to produce a TOD of 8.20pm when of course we know that Meredith was still very much alive. Thus Massei ruled out ideal weight calculations as unreliable and used a median weight based on Dr Lalli’s guesstimates of Meredith’s weight (as used by the other experts) on first examination and at autopsy, though she was not actually weighed at all.

The second area is gastric emptying of the stomach.

It was acknowledged by all the experts that there is something like a standard period between the time that food enters the stomach and it then being processed through into the small intestine. There was, however, some disagreement as to the parameters, ranging between 2-3 hours and 3-4 hours. One could therefore say 2-4 hours. Remember this.

Most of the experts agreed though that individuals are different, and there are variables leading to wide discrepancies including the type of meal eaten. A number of the experts heard said that the state of digestion was probably the most unreliable indicator as to the TOD.

All agreed that acute stress, psychological as well as physical such as an attack, would inhibit the digestive process.

I will not rehearse Professor Introna’s argument here as this, essentially, is the argument which Chris Halkides deploys, to which I will come in a moment.

It is fairly clear that Massei found the information as to body cooling time more convincing than information as to the state of digestion. However, as I understood it, the Appeal Court was going to be asked to re-evaluate precisely that. Did it?

Judge Hellmann

The Court of Assizes of first instance has acknowledged the difficulty in precisely fixing the time of death based merely on autopsy criteria. Since not all the accurate data is available, the time span within which the death of Meredith Kercher can be placed based on such criteria remains very widely outlined: between 9pm and 9.30pm of November 1st 2007, and the early hours of November 2nd.However, in reconstructing the sequence of events the Court of first instance assessed it was able to fix the time of death based on other elements, in particular the harrowing scream”¦.

The first point to note here is that Hellmann misinterprets the first Court’s findings. He ignores the fact that the first Court did determine a TOD between 11pm and 11.30 pm as probable based on the pathology alone, and gave reasons for this.

None of the expert testimony is rehearsed, let alone re-evaluated by Hellmann. He proceeds merely to discredit the reliability of the witnesses as to the other elements such as the scream etc.

One recalls that Nara Capezzali says that she heard a scream sometime between 11 and 11.30 pm. That there was a broken down car and the breakdown driver came and went between perhaps 11 and 11.15 pm.

As mentioned earlier his hypothesizing about the other elements leads him to a TOD of not later than 10.13 pm although this time seems a very random one based on what he presents. He talks in this section about Guede’s statement that he arrived at the cottage at 9 pm.

One suspects that if Hellmann could have fixed the time of death at 9.15 pm or 9.30 pm then he would have done so as either time would be a get out of jail free card for Knox and Sollecito. He did not, but he got them out of jail nevertheless with his hypothesizing - here and elsewhere in his report.

I could just stop here because further discussion on the pathology itself would seem irrelevant as regards the appeal to Cassation, though it could really matter at a second appeal trial.

But here is a comment about Chris Halkides because some do say they find his conclusion convincing.

Chris Halkides

My summary of his argument.

The stomach was full (or at least had 500 cc of contents) and the duodenum had no material in it. As the duodenum had no material in it then, Halkides deduces, the stomach had not started to release any part of the meal Meredith had consumed at Robyn Butterworths’ into the small intestine at TOD. Death stops the digestive process.

The contents of the stomach observed by Dr Lalli included some of the apple crumble eaten by Meredith and what appeared to be items, in a very advanced state of acidification, thought to be pizza toppings. Meredith and Sophie had eaten pizza at Robyn Butterworths’ home, followed by the apple crumble. In addition there was a small measure of alcohol in the stomach equivalent to a glass of beer.

They had started eating at about 6pm (some accounts e.g John Follain’s have it earlier at 5.30 pm) or maybe 6.30 pm, putting on a DVD to watch a film and finishing at 8 pm or perhaps 8.30 pm. The times here are an indication if anything and are not to be treated as completely accurate.

If it was 6.30 pm that Meredith began to eat then using the standard parameters discussed by Massei we have latest TODs of 9.30 or 10.30 pm for when material from the stomach should have started to enter the duodenum. Not later and certainly not as late as 11 or 11.30 pm.

That is Halkides’ argument in a nutshell. He argues that TOD is actually about 9.30 pm. If so it would have been impossible for Knox and Sollecito who were still at the flat at 9.15 pm and who were seen in the square at 9.30 pm to have committed the murder.

He has referred me to an article in the Journal of Gastroenterology and Hepatology about an experiment conducted on volunteers where the mean time (for 95 individuals) for gastric emptying of solids is 127 minutes, give or take, I think, twenty minutes either side.

Using the mean, to be pedantic, this would mean that Meredith died before she got home or at the latest immediately on arrival (6.30 + 2 hours 27 minutes = 8.57 pm.)

That article, incidentally, was published in 2006. It doesn’t seem to date that the results have been peer reviewed and verified and I would have thought that the experts who testified at the trial in 2009 would have been aware of it. So the data set out here may be suspect for a given individual and does not take into account variables excluding age, sex and body mass index which the research found to have no significant correlation.

In any event Halkides is quite happy to have a latest parameter of 3 hours, but no longer. Indeed that would be what brings us to 9.30 pm.

The problem I detect with his argument is twofold.

Firstly there is the uncertainty as to when Meredith began to eat at Robyn’s home (and since it was a two course meal, when she began to eat the apple crumble) and secondly Halkides’ argument is predicated on that two course meal being her last.

If the apple crumble was eaten at 8 or 8.30 pm then (adding on the 2 hours 27 minutes from the above research) it may still have been in her stomach at 10.27 or 10,57 pm, or later indeed (which Halkides has to concede) since the digestive time from the research is only an average.

So with a parameter of 3 hours we might just as well say 11 pm or 11.30 pm.

In addition to variables we could take into account inhibitors such as Meredith suffering acute psychological stress commencing”¦well”¦we cannot be certain when, can we?.

One can play Hellmann’s game and hypothesize to our advantage a number of stress situations on that fateful evening, starting quite early. No one has to accept Massei’s hypothesis of a Meredith on her own and in relaxed mode until about 11pm. Massei’s hypothesis here is in no way crucial.

Furthermore the hypothesis that Meredith actually ate a further snack on her return to the cottage does seem to have some basis in fact in that at the autopsy the pathologist found a mushroom in her esophagus. Mushrooms specifically had not been a topping on the pizzas baked at Robyn’s home. As to the alcohol in her stomach no alcohol had been consumed at Robyn’s home, only water.

It might sound a bit flippant for me to suggest it but it might be the case that Meredith, who was passionate about pizzas, had a beer and grilled a quick meal of pizza toppings from the fridge for herself which Halkides mistakes for evidence of the pizza still in the stomach.

That Meredith might still have been hungry might be because she had not, until eating at Robyn’s, eaten for a considerable time beforehand.

She had been partying all night Halloween and had gone to bed at about 4 am, rising at about midday, and then leaving not so long afterwards to be with her friends. Whether she had anything to eat at the cottage before leaving on the afternoon of the 1st, we simply don’t know.

Knox tells us in her e-mail to Seattle that she and Raffaele cooked and ate there, but she does not mention Meredith having anything to eat, and Meredith left before they did.

For some reason John Follain thinks Meredith did eat then, Paul Russell that she did not. I do not see how either could be sure. If it had been me I might have felt up to a nibble but not much more knowing that in a few hours I would be eating a meal with my friends.

It seems to me that it is quite possible that Robyn’s pizza had passed through the stomach, duodenum, and indeed perhaps most of if not the rest of the small intestine by 11.30 pm and that the apple crumble had not even begun to enter the duodenum.

Let us assume that Meredith actually started her pizza at 5.30 pm (according to Follain) finishing at 5.40 pm. As she was already hungry the stomach acids go to work straight away and the pizza passes at the earliest to the duodenum after two hours, spending a further three and half hours (as per literature) in the small intestine before passing to the rectum . A total of five and a half hours.

Thus the small intestine had disposed of it by 11.10 pm. There would however be an unlikely gap to the consumption of the apple crumble. Yet if the apple crumble was consumed after the DVD (watching the film The Notebook circa 123 minutes) then that would be around 8 pm, entering the duodenum three and a half hours later (possible) at 11.30 pm or at least it would be doing this but for the fact that Meredith was already the subject of a vicious attack inhibiting the digestive process.

I accept that I am not using uniform digestion times in this speculation (indeed I have deployed earliest and latest parameters at will) but nevertheless they are within the parameters accepted by the experts, and even, at a push, by Halkides as well.

The point is that this is a complicated topic and there are many imprecise details that do not allow for certainty but only probablilities, or in some instances, possibilities. This Massei, and to a certain extent Hellmann recognized.

Nobody can be precisely sure and so any other timeline or alibi must stand or fall on their own.

Posted by James Raper on 05/09/12 at 06:11 PM • Permalink for this post • Archived in The officially involved, Police and CSI, Evidence & Witnesses, Various timelines, Trials 2008 & 2009, Massei prosecution • Comments here (56)

Tuesday, February 07, 2012

Knox Team to Appeal Conviction And 3-Year Sentence For Framing Patrick Lumumba

Posted by Peter Quennell

[Above: the Supreme Court of Cassation]

Appeals against Judge Hellman’s rulings must be lodged in Rome by 18 February.

Now Reuters is reporting a Knox-team appeal apparently announced by David Marriott. The Knox team probably had little choice but to lodge this seeming long-shot of an appeal.

Judge Hellman’s ruling left her “half pregnant” facing a hard-line and unbendable Supreme Court and it left her mom and dad more vulnerable in their own trial for calunnia for claiming in a UK interview that Knox only “confessed” in fingering Patrick because of duress.

Explanation of calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

Judge Hellman essentially contradicted Cassation’s ruling on Guede which agreed strongly that Guede and two others did it (Judge Hellman of course went for the very tenuous lone wolf approach which Judge Micheli and Judge Massei both shot down in some detail) which had many lawyers in Italy doing double-takes.

Knox in fact fingered Patrick when she was merely a witness who had not even been invited to Perugia police headquarters for the evening and who had volunteered for the questioning.

The interrogators have all claimed she was under no duress except the duress of hearing that Sollecito in the next interrogation room had just called her a liar and destroyed the latest of her various alibis.

Then she had several weeks (as did her mom) to move to spring a devastated Patrick from an adjacent wing in Capanne prison, but of course she didn’t.

Her lawyers never lodged a complaint against the claimed duress and on the witness stand at trial in mid-2010 the prosecutors actually got her to admit that she was treated well.

Key at this stage may be that Knox cannot use her natural advantages of being young and rather dopey and of being able to speak up in court at any time, not under oath or cross-examination, which she used twice in front of Judge Hellman (with lusty sobs and tears for herself and no caring for Meredith).

Cassation works like Supreme Courts elsewhere in Europe and the United States They receive the written appeals and then months or even years later hold very brief hearings, and then almost immediately issue a ruling. It looks to us like the case almost certainly gets bounced back to Perugia - and a new judge - for re-working.

Judge Hellman may have found Patrick’s highly aggressive lawyer impossible to overrule, and he would have been wildly unpopular in Italy to leave Patrick without even his small settlement. If Patrick’s lawyer does not somehow react to this appeal it will be a surprise. He may have the opportunity for rebuttal.

This case has thrown up a lot of possibilities for shortening the Italian process in murder cases and leveling the playing field in favor of victims and families. We’ll round up and post ideas for such reforms already being pushed in Italy by reformers such as Barbara Benedettelli.

Reforms might include no right to defendant statements in court without the possibility of cross-examination, the limiting of judges’ scopes in first appeals, and no jury being required for those appeals.

But everybody sure appreciates those judges’ and juries’ written statements. A precedent the whole world could use.

Posted by Peter Quennell on 02/07/12 at 02:31 PM • Permalink for this post • Archived in The officially involved, Supreme Court, Evidence & Witnesses, Pat Lumumba, Appeals 2009-2015, Hellmann 2011+, Cassation 2013, Hoaxes Knox & team, 16 Interrogation hoax • Comments here (15)

Friday, January 13, 2012

Umbria’s Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello

Posted by Peter Quennell

Above: Cassation. Image replaced till we are sure we have one of Dr Galati. See comment in thread below.]

Dr Giovanni Galati is the region of Umbria’s chief prosecutor. He was appointed by the Minister of Justice last year. Previously he was a high-profile and very successful Deputy Prosecutor General at the Supreme Court of Cassation in Rome.

The chief-prosecutor post in Umbria is a sign of great official confidence in Dr Galati. His office in Perugia is one of the best staffed and most formidable of that of any of Italy’s 20 regions. The principle reason for this is that the Perugia office serves as a national surrogate for Rome prosecutors where national political cases are concerned.

His office has been investigating corruption in construction related to the Winter Olympics in 2006 and the severe earthquake in 2010. Parliamentarians in the party of former Prime Minister Berlusconi (which is also the party of Sollecito defense counsel Gulia Bongiorno and Amanda Knox acolyte Rocco Girlanda) are among those now being investigated. Several or some MPs could end up in prison and the parliamentary party severely damaged..

Mr Berluconi’s party is no longer the lead party in the governing coalition in parliament, but it was the lead during the whole of the first-level Knox and Sollecito appeal in Perugia up to the surprise verdict from Judge Hellman. Berlusconi, Bongiorno and Girlanda seem to have all had good reasons to humiliate Giovanni Gelati and his team.

Now Dr Galati gets to fight back.

Reporting items of breaking news on Meredith’s case on her excellent Twitter feed ( @andreavogt ) the Italy-based reporter Andrea Vogt has already reported that Dr Galati is preparing to proceed with a forceful Cassation appeal of the appeal verdict.

Andrea Vogt also reports that the defense super-witness and Mafia super-snitch Luciano Aviello will face a slander hearing in Perugia on 24 May. This may be a smart tit-for-tat move by Dr Galati as Judge Hellman did seem to have bent over backward in his report to ridicule all the prosecution witnesses - most of whom he never even set eyes on.

It may also be a smart taunt directed at Giulia Bongiorno. On the witness stand during the appeal, Mr Aviello claimed that Ms Bongiorno had channeled suggestions to his prison of bribes from the Sollecito family for false testimony. She angrily said she would sue him - but so far she hasn’t launched a suit.

Dr Galati is said to respect Mr Mignini, and to consider that his sliming and the sliming of the police investigators by the Knox forces has been way, way, way over the top.

During the appeal Dr Galati appeared twice in the courtroom to show solidarity with his prosecution colleagues. He addressed the court at the start of October on what he considered severe shortcomings in the DNA report written by Stefano Conti, Carla Vecchiotti and the peripatetic grandstander Greg Hampikian.

Our main poster Tiziano translated this from La Nazione.

The new Prosecutor General of Perugia, Giovanni Galati, spoke briefly in Court in support of his colleagues. He wished to “show his complete support of all the matters raised by his colleagues, in particular as far as the expert report is concerned.”

Seated next to the deputy Prosecutor General, Giancarlo Costagliola, Galati spoke before the Court affirming that it had seemed “his duty” to inform himself on the proceedings in court. “I hope that the Court’s decision will be the fruit of a dignified confrontation of the parties.”

Referring to the expert report of the consultants named by the Court ... he spoke of “evident gaps” and “evaluations [which had been] not requested.”

Last month there was an official function involving Dr Galati and the mayor of Perugia and the chief judge of the Umbria appeal court to initiate Italy’s first online system to allow every interested party to track the progress of court cases and appeals and to obtain all the public documents.

It was not said at the time that one reason for such an open information system is to counter the massive misinformation put out by the Knox and Sollecito forces - but smart people in Italy are not slow to connect up the dots.

Dr Galati’s grounds for the appeal to the Supreme Court (where until recently as mentioned above he was a trusted main player) will be published by February 18th. He does know that court.

Posted by Peter Quennell on 01/13/12 at 01:20 PM • Permalink for this post • Archived in The officially involved, The prosecutors, Evidence & Witnesses, The legal followups, Sollecito followup, Knox followup, 30 Alessi hoax, 31 Aviello hoax • Comments here (72)

Tuesday, October 11, 2011

Excellent Sunday Times Report On The Many Killer Questions The Second Appeal Next Year Might Answer

Posted by Peter Quennell

[Rome: St Peter’s and Vatican in foreground; Supreme Court large white building in right background by River Tiber]

It really ain’t over until it’s over, and knowing the hyper-cautious Italian justice system, maybe not even then.

Now the drama moves to Rome.

Before any verdict and sentence in the case can become final, under Italian law and the constitution the verdict and sentence must be endorsed by the Supreme Court of Cassation.

If either the prosecution or defenses demand that issues be looked at by Cassation (as we know, the prosecution will) Cassation will do so, and it may punt the case back down to the first appeal court to re-examine questions or even run a complete re-trial at first appeal level.

At Cassation level the prosecution is likely to have at least five advantages.

Two days ago, the Sunday Times ran this fine analysis below by their reporter on the case, John Follain, of the open issues that will be facing Cassation and possibly again facing the lower appeal court.

With a dozen books out John Follain has by far the largest and most impressive book publishing record of any reporter on the case.

Publishers Hodder and Stoughton have announced that his book Death in Perugia: The Definitive Account of the Meredith Kercher Case will be released first in the UK later this month - on 25 October.

KILLER QUESTIONS; The acquittal last week of Amanda Knox only deepens the confusion surrounding the murder of the British student Meredith Kercher. John Follain, who has investigated the case for four years, unpicks the evidence How could one man pin Meredith down and inflict those injuries?

By John Follain in Perugia.

They may have been coached to hide their true feelings, but the expressions of the judges and jurors were an open book. Surprise and shock registered on the faces of the appeal tribunal in Perugia as they watched a video taken by the forensic police who searched the whitewashed cottage where Meredith Kercher was murdered.

That summer’s day in the medieval, vaulted Hall of Frescoes was the pivotal scene of the 10-month appeal trial of Amanda Knox, 24, and Raffaele Sollecito, 26 “” the moment that freedom suddenly became possible, if not probable, for the former lovers.

The rotund, bespectacled Stefano Conti, one of two specialists in forensic medicine appointed by the court to review two crucial traces of DNA evidence, gave a sardonic running commentary on the behaviour of the Roman scientific squad searching for clues in the cottage. They failed to use clean protective gloves to handle each item of evidence or biological sample, Conti pointed out. They passed Meredith’s bra clasp to one another before placing it back on the floor where they had found it. The officer who picked up her bra wore no gloves at all.

As the senior appeal judge, Claudio Pratillo Hellmann, recalled last week after acquitting Knox and Sollecito of sexually abusing and murdering Meredith, the DNA review was “the most difficult moment” of the trial.

“The prosecutors understood that their case was at risk, and it was at that moment that the trial became a battle with no holds barred,” he said.

The courtroom fight over this international cause célèbre ended with a sobbing Knox being rushed out by guards and flown home to a heroine’s welcome in Seattle.

But, far from resolving the mystery of how and why Meredith died, the acquittal has fuelled the unanswered questions over her fate. Are we “back to square one”, as Meredith’s brother Lyle said after the verdict? What are the mysteries still to be resolved? And will we ever know what truly happened? MEREDITH, a 21-year-old language student from Coulsdon, Surrey, was found lying virtually naked, her throat cut, in her bedroom in the house she shared with Knox and two other young women on the afternoon of November 2, 2007. “Case closed,” an overoptimistic police chief proclaimed just four days later.

The investigators thought Knox had handed them the keys to the mystery. Under questioning she placed herself at the crime scene on the night before the body was found. She had been in the kitchen, with her hands over her ears, she said, while Patrick Lumumba, a Congolese bar owner for whom she worked as a waitress, killed Meredith.

Police promptly arrested Lumumba, Knox and her boyfriend. But Knox later went back on her testimony, insisting she had been with Sollecito at his flat all night.

Investigators were forced to release Lumumba after witnesses testified he had been working at his bar on the night of the murder. Knox and Sollecito stayed behind bars.

Forensic evidence then prompted the arrest of another African immigrant, Rudy Guede, an Ivory Coast drifter. Part of his palm print was on a cushion under Meredith’s body, his DNA was in her body where he had apparently groped her sexually, and his DNA was mixed with hers in drops of blood inside her shoulder bag.

The prosecutor, Giuliano Mignini, accused Guede, Knox and Sollecito of killing Meredith when she resisted their attempts to force her into a sex game.

Certainly, there appeared to be compelling evidence that Knox was lying. She had tried to frame Lumumba. The defence now claimed that an intruder had broken into the cottage and attacked Meredith; but the break-in had clearly been staged. Amateurishly, a room had been ransacked before the window into it was smashed “” the glass lay over the strewn clothes instead of under them. Was this to cover Knox’s tracks? There were mixed traces of Knox’s and Meredith’s blood in the bathroom and another room. Bloody footprints had been left by Knox and Sollecito in the bathroom and in the corridor. Knox had behaved bizarrely at the police station after the murder, kissing and caressing Sollecito and doing yoga exercises. Sollecito had said he spent much of the murder night on his computer, but this was disproved by experts.

Still, this was all circumstantial evidence rather than proof. The Rome forensic police came to the rescue of the prosecution team. They reported that Meredith’s DNA was on the blade of a kitchen knife found at Sollecito’s flat “” and Knox’s was on the handle. This was believed to be one of the murder weapons.

Forensic pathologists said Meredith’s wounds had been caused by two knives, pointing to more than one killer. The team from Rome also reported that Sollecito’s DNA was on Meredith’s bra clasp. (Only much later would it emerge that the police had retrieved this from the bedroom floor a full 46 days after first spotting it.) The case rapidly became a sensation. The prime suspect was an intelligent and alluringly pretty American, only 20 at the time, who, reporters joyously discovered, had been nicknamed “Foxy Knoxy” back home in Seattle. That this was for her skills on the soccer pitch was lost in the rush to find out more.

Dozens of witnesses and expert consultants passed through Perugia’s Hall of Frescoes during the first trial, which lasted for much of 2009.

Knox was portrayed by the lawyer for the bar owner, Lumumba, as an unscrupulous and manipulative she-devil, and by her defence team as “a wholesome girl” wrongly accused.

The prosecution case was that Kercher, a hard-working young woman from a modest background, had become exasperated by Knox’s slovenly and promiscuous behaviour as a housemate.

She had remarked to her father that “Amanda arrived only a week ago and she already has a boyfriend”. She told friends that Knox left a vibrator and condoms in the bathroom and brought “strange men” to the cottage. Investigators leaked Knox’s diary, in which she had listed seven sexual partners, three of whom she had slept with after her arrival in Italy, including a man she had met on the train on her way to Perugia. On Facebook she had put down as her interests: “Men.” Unable to prove exactly what had happened on the night of the murder, Mignini offered a plausible scenario based on Meredith’s 43 knife wounds and bruises.

He suggested that an argument between Meredith and Knox escalated when Guede and Sollecito joined the American “under the influence of drugs and maybe of alcohol” in trying to force Kercher into a heavy sex game that ended in murder. The sensational 11-month trial ended in guilty verdicts and jail sentences of 26 years for Knox and 25 years for Sollecito.

Some months later, in August 2010, I met Knox briefly in Capanne women’s prison, which is a short drive from Perugia. She had cut her hair and looked younger and more frail than during her trial. She wore a red Beatles sweatshirt, black leggings and silver nail varnish.

When I arrived, she was pushing a trolley down a corridor.

A guard explained that her job was to collect orders from other prisoners for small goods they could buy: newspapers, cigarettes, coffee, magazines and “” at that time of year “” strawberries. We were allowed to talk for only a few moments, but a guard told me: “She’s pretty well. Amanda’s confident that the future will bring freedom for her. She doesn’t break down in tears. It’s nothing like the night of tears after the verdict, when we had to comfort her.”

I was told she had been reading “” in Italian “” the 427-page summary by the two judges at her trial, who had dissected the inconsistencies in her evidence.

This summary included the judges’ own reconstruction of what might have happened on the night of the murder, based on the evidence that had been put before them.

They suggested that Knox, Sollecito and Guede had arrived at the cottage at about 11pm. Knox and her boyfriend had gone to her bedroom to have sex, and, excited by a situation “heavy with sexual stimulus”, Guede had walked into Kercher’s room wanting to have sex with her.

Kercher rejected him “” she was tired, and had a new boyfriend anyway “” but Knox and Sollecito intervened to assist him. According to the judges, they were probably drugged on hashish and seeking “erotic sexual violence”. Forcing Kercher to yield to Guede was a “special thrill that had to be tried out”.

They suggested Sollecito cut Meredith’s bra with a small knife he always carried “” collecting knives was a hobby. As Guede sexually assaulted Kercher with his fingers, Sollecito stabbed her in the neck. Kercher screamed “” a neighbour heard her “” and Knox stabbed her in the throat with a kitchen knife, the judges argued. She took several minutes to die as she inhaled her own blood.

THAT was the lurid and damning case that Knox had to fight when she returned to the Hall of Frescoes last November for her appeal.

Her demeanour had changed. Gone was smiling and self-confident “Foxy”, whose manner may have helped secure her conviction. After three years in prison, Knox was much more demure.

The appeal hearing began auspiciously for her when the deputy judge remarked: “The only certain and undisputed fact is the death of Meredith Kercher.”

The comment prompted prosecutors to complain that the court had already made up its mind, but it was a portent of what was about to be revealed.

The appeal court’s decision to grant a defence request for an independent review of two items of DNA evidence “” the kitchen knife and the bra clasp “” proved devastating for the prosecution’s case.

The two experts “” Conti and Carla Vecchiotti, from La Sapienza University in Rome “” said the DNA trace on the knife blade could not be attributed to Meredith because it was too slight. They said Sollecito’s Y chromosome was on the bra clasp, but it could have been the result of contamination by police mishandling of the evidence. From then on, the prosecutors fought a losing battle to discredit Conti and Vecchiotti.

Outside the courtroom the Knox camp’s media offensive exploited the experts’ conclusions.

Knox’s family “” her mother, father, stepfather and friends “” had come well primed for battle. Homes had been remortgaged and funds raised.

With the help of a PR company in Seattle, they dominated prime-time shows on the leading American TV networks, dramatically influencing public opinion there “” so much so that the prosecutor Mignini thundered in court that he had never seen a convict hire a PR firm to prove her innocence.

Mignini himself was a key target. In what appeared to have been a turf battle with prosecutors in Florence, he had been given a suspended 16-month prison sentence for abuse of office after tapping the phones of police officers and journalists in a separate investigation into a serial killer. It was a reflection of the fragmented and politicised condition of the Italian justice system.

The prosecutors tried but failed to switch the focus away from the forensic evidence by introducing Guede, the third party to the murder. He had been prosecuted separately because he had opted for a “fast track” trial that offers a lighter sentence as an incentive. Jailed for 16 years for murder, he had appealed to the Supreme Court in Rome “” Italy’s highest court “” which confirmed his conviction, ruling that Guede had sexually abused and murdered Kercher with “unidentified accomplices”.

This was an insight into the mystifying processes of Italian law. How could justice be served by trying Guede separately? Why had he not been brought to give evidence at the first Knox trial? Why were his accomplices “unidentified” when Knox and Sollecito had been convicted of joining him in the murder? The answers lay in the fact that his supreme court appeal started just after Knox’s appeal began in Perugia “” and the two cases overlapped, a bizarre way of seeking out the truth.

Once Guede’s Supreme Court appeal had been dismissed he was summoned to the witness box in Perugia, where his contribution was damning yet so limited that it did not sway the judges and jury.

Rather than taking him through the events of the killing, Mignini read out a letter in which Guede had written of “the horrible murder of a ... wonderful girl by Raffaele Sollecito and Amanda Knox”. Challenged by one of Knox’s lawyers, Guede stood by the letter, saying: “It’s not as if there is my truth, and the truth of Tom, Dick and Harry. What there is is the truth of what I lived through that night, full stop.”

A lawyer for the Kerchers detailed the injuries Meredith suffered, arguing it would have been impossible for Guede to hold her down, sexually assault her, try to suffocate her, try to strangle her and wound her with more than one knife.

But it was too late. The appeal panel of judges and jurors had made up their minds. A juror confided after the “not guilty” verdicts had been delivered that the court had decided to acquit because of doubts over the forensic evidence, and because it saw no motive for the murder.

Pratillo Hellman explained: “To convict, the penal code says you have to be persuaded beyond every reasonable doubt. The smallest doubt is enough to not condemn.”

But he added enigmatically: “Maybe Knox and Sollecito know what happened that night, because our acquittal verdict stems from the truth which was established in the trial. But the real truth can be different. They may be responsible, but there isn’t the evidence… So, perhaps they too know what happened that night, but that’s not our conclusion.”

The judge’s comments earned him a new nickname, which investigators texted to each other delightedly: “Pontius Pratillo”, after Pontius Pilate, who washed his hands of responsibility for the execution of Jesus Christ.

The prosecution scored one potentially significant victory. The court found Knox guilty of slandering the former bar owner Lumumba by initially claiming he had killed Kercher. It sentenced her to three years in prison, but released her as she had spent almost four years behind bars.

“That’s absurd, absurd,” Mignini fumed. “Knox accused Lumumba to throw the police off her tracks. Why else would she accuse him?” IN PERUGIA, at least, the prosecution can count on overwhelming backing. After the verdict, a crowd several thousand strong massed outside the courts, amid jeers at defence lawyers and chants of “Assassini, assassini!” (murderers, murderers) and “Vergogna, vergogna!” (shame, shame). In bars across the picturesque city, and on the main cobbled street, Corso Vannucci, many dissected the case for days afterwards “” the consensus was that Knox and Sollecito were at the cottage when Meredith died, but no one agreed on what role they played.

For the Kercher family no outcome could have been more bewildering. As Knox flew home, Meredith’s mother Arline, her brother Lyle and her sister Stephanie spoke to me.

“It almost raises more questions than there are answers now,” Lyle said, “because the initial decision was that [the murder] wasn’t done by one person but by more than that. Two have been released, one remains in jail, so we’re now left questioning: who are these other people or person?” Did they believe that Knox and Sollecito were guilty? “In a way we have to believe what the police say because they are the ones compiling the evidence,” Arline replied. “We haven’t a clue. I think that’s what he was saying. It’s the police “” it’s their job.”

“It’s difficult for anybody to make a valid opinion on any case, not just this one, unless you’re a trained expert,” Lyle echoed. “There are forensics, detectives, psychological profilers and so on, who are trained to do this and read the information and draw the hypotheses from that, which of course no lay person really is. So if that’s the conclusion they come to, then we’re happy to stand by that.”

“We have to accept, don’t we, just like now we have to accept this,” Arline said.

“And that’s why it’s so disappointing, because we don’t know,” Stephanie added.

It is not over for the Kerchers.

Last week’s acquittal is far from the last word on the case. The judges have 90 days to draft a report explaining the reasons for the verdict. Then the prosecution and the defence will have a further 45 days to lodge a new and last appeal. Only rulings by the Supreme Court are considered definitive in Italian justice.

Guede’s lawyers said he would appeal for a new trial if the Supreme Court confirmed Knox’s acquittal “” on the grounds that it would contradict the Ivorian’s conviction for killing Meredith alongside unidentified accomplices. “So I’m supposed to be Meredith’s only assassin?” Guede is reported to have told a prison visitor. “I’m supposed to have struck that poor girl with a knife 40 times? I confessed my responsibilities and I accused those who were in the house with me.

“I’m in prison, and the others are free and happy at home. If it wasn’t them in the house that damned evening, who are the other accomplices supposed to be? The money made available to Amanda and the media strategy helped to free her.”

Many investigators and lawyers admit privately that the Italian judicial system may simply never come up with a full and convincing explanation of Meredith’s death.

Italian justice is agonisingly slow. Judges and lawyers attend several trials in the same week, with the result that the appeal trial saw 20 days of hearings over no fewer than 10 months. It is also full of safeguards for defendants, including long preliminary hearings enshrined in the post-war constitution to eradicate the caricature of justice delivered by the courts under Mussolini.

Many of the most notorious cases in Italy’s post-war history have yet to be resolved in court. Silvio Berlusconi, the billionaire prime minister, is embroiled in a string of corruption, fraud and sex offence investigations and trials, and claims that leftist prosecutors are plotting to oust him.

This week Berlusconi will push through parliament a bill banning publication of phone and other intercepts before a case reaches trial “” a measure that has become a priority for him, as investigators are expected to release within a few weeks dozens of intercepts of reportedly embarrassing conversations between Berlusconi and a convicted drug dealer.

In such a climate Italian justice itself is on trial. The truth of what happened to Meredith Kercher may emerge one day, but it’s no safe bet that it will do so in an Italian court of law.

Posted by Peter Quennell on 10/11/11 at 12:01 PM • Permalink for this post • Archived in Various hypotheses, Defense omissions, Evidence & Witnesses, Various timelines, Questionings, Real locations, Faked breakin, Pat Lumumba, The two knives, DNA and luminol, Computer activity, Cellphone activity, Appeals 2009-2015, Cassation 2013, Florence 2014+, News media & movies, Excellent reporting, Many hard questions, Hoaxers from 2007, Amanda Knox #1, Knox-Marriott PR, Raff Sollecito #1, Raff Sollecito PR • Comments here (83)

Page 11 of 31 pages ‹ First < 9 10 11 12 13 > Last ›

Category: Evidence & Witnesses

Monday, October 01, 2012

Testified That This CCTV Camera Probably Last Photographed Meredith Alive DRAFT

Posted by Peter Quennell

Tuesday, September 11, 2012

Raffaele Sollecito’s DNA In Meredith’s Room Could Be Definitive Proof Of Guilt For New Appeal Jury

Posted by James Raper

Thursday, September 06, 2012

Dissecting The Hellmann Report #5: Their Obfuscation of Time of Death and Of Legal Blameworthiness

Posted by Cardiol MD

Monday, August 20, 2012

Dissecting The Hellmann Report #4: The Contortions To Dismiss Witness Quintavalle

Posted by Cardiol MD

Tuesday, August 14, 2012

Giuseppe Castellini Speaks Up For A “Kind Homeless Man Of Many Aspects”

Posted by Jools

Saturday, July 21, 2012

Ominous Development For Sollecito And Knox: A DNA Conviction Based On A Tiny Sample Of DNA

Posted by The Machine

Wednesday, May 09, 2012

Considering The Sad And Sensitive But Also Crucial Subject Of Meredith’s Time Of Death

Posted by James Raper

Tuesday, February 07, 2012

Knox Team to Appeal Conviction And 3-Year Sentence For Framing Patrick Lumumba

Posted by Peter Quennell

Friday, January 13, 2012

Umbria’s Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello

Posted by Peter Quennell

Tuesday, October 11, 2011

Excellent Sunday Times Report On The Many Killer Questions The Second Appeal Next Year Might Answer

Posted by Peter Quennell

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