Legal buzz from Italy. Cassation Fifth Section seem to have painted themselves into a corner, and there seems more on "connections" sure to come out. The pair were found "not guilty" not "innocent" and Cassation should maybe not even have done that, they are meant to review only the law, and if theres a substance problem, it goes back to the Florence Court. RS and AK are still on trial for multiple lies in their books, a law allows Cassation to be sued to explain and maybe overturn, and the President as head of the justice system with power to reverse Cassation could be drawn in.
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Wednesday, December 22, 2010
Report #3 On Perugia: This Is The Walk From Raffaele’s House To The Basketball Court
Posted by SomeAlibi
Archived in Officially involved, Public evidence, The timelines, Knox's alibis, Sollecito's alibis, Rudy Guede
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The El Bizarro Defense: “It’s Unfair To Use The DNA They Didn’t Manage To Scrub Away Against Them”
Posted by Cardiol MD
Remember the twins who appealed for mercy at their trial for murdering their parents? On the grounds that they are now orphans?
There is something of that reminiscent here. The defenses of Knox and Sollecito seem to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it.
Their argument boils down to whether the disputed DNA evidence is more unfairly prejudicial than probative. The faux forensic experts who are arguing in the media that this disputed DNA evidence would not ever be admitted in US or UK courts are in fact totally mistaken.
It is my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would insist to admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.
That is what the only relevant court in Meredith’s case, the Perugia appeals court, is now doing.
DNA evidence may be “only circumstantial” but that is as with most of the evidence in this case. Meredith was murdered - that’s a fact - but no one saw who did it except the killers.
Judge Hellman designated his selected Expert Reviewers with such alacrity that I think he had already thought it all out. Judge Hellman is being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.
As Tom in the post below and others are pointing out, the review is limited to a very partial review of the DNA evidence, and what is not to be reviewed is by far the most significant.
The possibility of more residual blood at the blade/handle junction is thought-provoking. Sollecito’s obsession with knife-ownership suggests that his knife, the murder-weapon, would be top quality, probably with a handle/blade junction, pretty, but vulnerable to seepage into it.
Also, the knife-wielders significantly, even deliberately, stayed away from the well-known neck-blood-vessels, the Jugular Veins, and the Carotid Arteries, on both sides, focusing their neck-stabs on the area of the Larynx, as if they had some medical knowledge of what they were doing - but not enough.
The blood-vessel they did cut - the right superior thyroid artery - is a branch-of-a-branch of the better known blood vessels, but very close to the larynx. They didn’t know, or care, enough to anticipate the lethal consequences of cutting so small an artery in that particular location, so near to the airways.
I agree with others that Judge Hellman may also be innoculating himself by heading off a possible adverse ruling of the Supreme Court in Rome, which must be restricted to Procedural/Legal issues.
The defence lawyers sem to be submitting, probably against their own better judgement and advice, to the FOA camp’s insistence for additional review. I also believe the defendants will bitterly regret this insistence.
Archived in Officially involved, The defenses, Public evidence, DNA and luminol, Trials 2008 & 2009, Hellmann appeal
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Tuesday, December 21, 2010
The Limited DNA Reviews - What We Believe Are The Hard Facts On The Double DNA Knife
Posted by ViaDellaPergola
A pre-Massei version of this video was posted on TJMK in March 2010. Essentially nothing has changed in its fact base with Massei. The Machine in his meticulous post below explains what further independent tests were also done.
The wild claims of the conspiracy theorists have morphed back and forth. But the facts remain that Italy has a fine DNA lab system and Dr Stefanoni is internationally respected - and she had no vested interest in a particular outcome.
Sollecito coolly explained that Meredith’s DNA SHOULD be on the blade of the knife because he pricked her while cooking at his place. She had never ever been to his place - in fact, she had only set eyes on him once or twice, very briefly.
But Sollecito still lets that incriminating statement stand. The truth, obviously, is worse. Very much worse.
Archived in Public evidence, DNA and luminol
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Monday, December 20, 2010
The Limited DNA Reviews - Why They Probably Won’t Help Defense And May At A Stroke Be Game Over
Posted by The Machine
Amanda Knox and Raffaele Sollecito and their families were jubilant at Judge Claudio Pratillo Hellman’s decision to allow an independent review of some key forensic evidence.
Two experts from Rome’s Sapienza University - Professor Stefano Conti and Professor Carla Vecchiotti - have already been nominated by the appeal court (they will be confirmed in January) to do an independent review of the forensic evidence.
Late saturday and sunday many of the journalists covering Meredith’s case saw Judge Hellmann’s decision as a major victory for the defence teams. Several giddy journalists even reported that somehow Amanda Knox had won her appeal.
However, two very important facts were lost in all the hullaballoo surrounding Judge Hellmann’s decision about this independent review..
First, the original forensic investigation and tests already were carried out by independent experts. Dr. Stefanoni and her team were from Rome, and they worked for another arm of the government. They weren’t hired by the prosecution to blindly confirm their suspicions that Amanda Knox, Raffaele Sollecito and Diya Lumumba were involved in Meredith’s murder.
And many people seem to be unaware of the fact that it was not Amanda Knox recanting her false accusation, but the DNA testing work of Dr. Stefanoni and her team that led to the release of Diya Lumumba. In this case Dr Stefanoni has high credibility.
Second, a number of experts have ALREADY carried out independent reviews of the DNA and forensic evidence and some of them have testified at court hearings in the course of 2008 and 2009.
In this post, we will take a look at some of the experts involved in the original DNA tests and the subsequent reviews and consider the implications of the new review, including some possible unexpected stings in the tail.
1) The Original Tests
Dr. Patrizia Stefanoni is one of the leading forensic experts in Italy and she was part of the the Disaster Investigations Teams sent to identify victims of the south Asian tsumani in 2004. She had to pass a series of stringent state tests to join the scientific police in Rome. She led the forensic investigation into Meredith’s murder and was responsible for carrying out the DNA tests and interpreting the results.
The Double DNA Knife
Dr. Stefanoni found seven traces of human flesh (human tissue cells) on the large kitchen knife sequestered from Sollecito’s kitchen. There was only enough DNA for one test. However, the results of non-repetitive tests are allowed to be entered as evidence in Italy.
The defence teams are notified of the date and time of all non-repetitive tests to make sure that they can be present to observe that correct procedures are adhered to. If they miss the tests or don’t stay for the full (often long) duration they have not carried out their full mandate to their client (they might even be liable for malpractice) and the defense has no right to claim wrong procedures or lab contamination.
Dr. Stefanoni testified at the trial that the one test she did “reliably” identified the DNA as Meredith’s.
Italian TJMK poster and DNA specialist Nicki explained in May 2009 why the DNA on the blade of the knife was a definite match to Meredith’s DNA:
Two genetic profiles are identical and therefore belong to the same individual if a) they are in the same position, and b) they have identical shape and dimension. In this case, each peak produced in the original samples exactly corresponds to the peaks yielded by the knife sample, position, shape and dimension.
The Bra Clasp
Sollecito’s DNA on Meredith’s bra clasp was identified by two separate DNA tests. Judge Massei rejected defence claims that Sollecito’s DNA was LCN DNA and noted that there was no reason to doubt the reliability of the result:
It has already been said that Dr. Stefanoni had reported that on the [bra] hook (Exhibit 165B) the mixed genetic profile attributable to the victim and to Raffaele Sollecito was found; looking at the electropherogram, the ratio had been estimated in the proportion of 1 to 6 (the victim’s DNA being six times that of Sollecito); the quantity of DNA found could not be considered terribly small because there were several peaks that easily exceeded 1000 RFU, and no  repetition of the analysis had been carried out because the peak height of the smaller fraction of DNA was good, such that there was no reason to doubt the reliability of the result.
2) Independent Reviews
Dr. Renato Biondo
There was an independent review of the forensic evidence in 2008.
Dr. Renato Biondo, the head of the DNA unit of the scientific police, reviewed Dr. Stefanoni’s investigation and the forensic findings. He testified at Rudy Guede’s fast track trial in October 2008 and confirmed that all the forensic findings were accurate and reliable.
He also praised the work of Dr. Stefanoni and her team. “We are confirming the reliability of the information collected from the scene of the crime and at the same time, the professionalism and excellence of our work.”
Professor Francesca Torricelli
The Kercher family hired their own DNA expert, Professor Francesca Torricelli, and asked her to examine the DNA evidence.
Professor Torricelli is the Director of a genetic facility at Careggi University Hospital and has been working in genetics since 1976. She testified at Knox’s and Sollecito’s trial last and she also confirmed Dr. Stefanoni’s findings.
She told the court that the significant amount of Sollecito’s DNA on Meredith’s bra clasp meant that it was unlikely that it was left by contamination. She also agreed with Dr. Stefanoni that Meredith’s DNA was on the blade of the double DNA knife.
General Luciano Garofano (image above)
Distinguished DNA expert and former Caribinieri General Luciano Garofano analysed the DNA and forensic evidence for the early 2010 book “Darkness Descending”.
He has more than 32 years of forensics experience and is a member of the American Academy of Forensic Sciences. In his section of the book he explains at length why he too thinks that Knox and Sollecito are guilty of Meredith’s murder.
In an interview with The Sun’s Nick Francis, he said that the right people had been convicted: “I believe the police have prosecuted and convicted the right people, even if they got some of the details wrong.”
He told reporter Andrea Vogt that there wasn’t enough evidence to overturn Knox’s and Sollecito’s convictions: “I do not believe that there is enough evidence to convince an Italian magistrate and jury to overturn this conviction”.
Dr. Anna Barbaro
Rudy Guede’s defense lawyers hired their own forensic expert, Dr. Anna Barbaro, and asked her to examine the DNA evidence.
She didn’t dispute the DNA evidence against Guede, Knox or Sollecito. Guede’s lawyers claim that there was an innocent explanation for his DNA being at the crime scene and that Knox’s and Sollecito’s DNA implicated them.
Guede lawyer Walter Biscotti noted that the evidence against Knox was particularly strong.
3) The original prosecution team
Both Prosecutor Mignini and Prosecutor Comodi said after the appeal session on saturday that they are are confident that the independent review of the DNA and forensic evidence will confirm the sentences and verdict.
I don’t agree with the request and I see it as a waste of time. The judge did not criticise the methods that were used to collect and test the DNA….. The review was granted because the jury needed help to interpret the findings as they are difficult to understand. I don’t see how it is a victory for the defence, as the methods were not criticised in the ruling. The review will confirm the sentence and the verdict will stand.
As far as I am concerned this independent review will just confirm the excellent work carried out by the police scientific unit. The judge did not actually explain why he was allowing this review and although I do not agree with it I am sure it will underline the job originally done.
4) Two possible game-overs
Re-examination of the knife
In “Darkness Descending” the former Carabinieri General Garofano wrote that the police should have separated the plastic handle from the knife and checked for blood there.
The defence teams will regret having asked for the independent review if the new experts do this and they find there a testable quantity of Meredith’s blood.
Re-examination of the bra clasp
According to the authors of “Darkness Descending” Dr. Stefanoni found highly suggestive evidence of Amanda Knox’s DNA on Meredith’s bra. Raffaele Sollecito’s forensic expert, Professor Torre, also claimed that he had found Knox’s DNA on Meredith’s bra strap.
It seems that another forensic expert Vincenzo Pascali ALSO found Knox’s DNA on Meredith’s bra. The reporter Barbie Nadeau wrote the following:
Vincenzo Pascali, the chief forensic consultant who was set to give expert testimony about the possible contamination of the bra clasp, walked off the case last month, reportedly leaving a €50,000 bill. Back in September, Pascali, who declined to comment for this story, hinted that the clasp also contained Knox’s DNA.
And so in conclusion
One to two years later DNA testing techniques have improved, and also there is the sleeper of what is under the handle of the knife.
The defence teams’ insistence on an independent review could really explode in their faces if the new experts confirm more of Meredith’s DNA on the knife (Knox’s DNA is there very strongly) and that Knox’s DNA is on Meredith’s bra.
Archived in Public evidence, DNA and luminol, Appeals 2009-2014, Hellmann appeal
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Saturday, December 18, 2010
First Reports On Scope Of Appeal Sounds Like Maybe A Setback For The Defenses
Posted by Peter Quennell
The first full reports are not out yet. This is a first quick take on the Italian reporting and may be subject to correction.
Some of the Cassation’s hard-line decision for rejecting Rudy Guede ‘s 10 appeal grounds in Rome on thursday will indeed be accepted into this appeal for the judges’ consideration.
The judges are agreeing to the defense request for a review of the testing of the DNA on the bra clasp and the large knife, though of course nobody - nobody - so far has ever proved contamination as the prosecutors today pointed out.
Two Rome experts in DNA have already been nominated.
Apparently none of the other very extensive forensic evidence at the scene of the crime - which is the entire apartment, not merely Meredith’s bedroom - is to be retested. That has always been very tough to explain away.
Apparently only one or two of the previous witnesses whose testimony is described in the Massei report will be heard from again. Possible Guede confidant Alessi will be allowed and maybe Aviello who claimed his missing brother really did it.
And apparently ninety days is added to the allowed duration of this appeal, because the Massei Report took 90 days to produce. The deadline now is next September, although if it lasts through to the spring we will be surprised.
The defense doesn’t seem to have many strong hopes going forward. No more Spiderman attempts on Filomena’s window. They found no room for appeal with regard to the various contradictory alibis, the various peculiar phone calls, and assorted bizarre behaviors.
Remember that even Knox and Sollecito themselves have claimed they were zonked out of their skulls on the night - though magically they seem to have managed a major cleanup and rearrangement of the entire crime scene, minus evidence pointing to Guede.
The astute commenter Piktor posted this on PMF
The expert review would be needed if the scientific results were the only evidence that convicts.
What if the DNA evidence was thrown out. Could you convict without it?
You have the staging, the lies, the false accusation, the police testimony, the defendant’s multiple alibis that don’t mesh, Mrs. Mellas testimony in court exposing Knox’s willful “confusion”, the email and diaries.
You add it up and it all points in one direction. No doubt about the result.
The prosecution narrative makes sense. The defence has no narrative.
Archived in Public evidence, DNA and luminol, Trials 2008 & 2009, Hellmann appeal
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Thursday, December 16, 2010
As Amanda Knox Via Her Statement Has Now Placed “Will She Testify?” Front And Center…
Posted by Cardiol MD
Last Saturday Amanda Knox spoke from her seat beside her defense team and she was not subjected to cross-examination.
If she does choose to mount the stand to back up her claims with some testimony, she will be subject to cross examination, as will Raffaele Sollecito.
What may the judges and lay judges be allowed to deduce if neither of them mount the stand, or alternatively refuse to answer?
This involves the legal concepts of the Privilege against Self-Incrimination, the Right to Silence, and the Right to Lie.
In the US prosecutors are prohibited from commenting adversely on a defendant’s Exercise of the Right to Silence at trial, on the argument that doing so would violate the privilege against self-incrimination.
But this may be circumvented as demonstrated in the Duke lacrosse-team rape frame-up by the prosecutor.
The DukeLax prosecutor (echoed by many others in Durham and elsewhere) falsely alleged, publicly, a lacrosse-player “wall-of-silence” as persuasive evidence in favor of guilt, even when he knew full-well that the Laxers had transparently cooperated with prosecutorial investigators.
So much for “enshrinement” of the right to silence in the US.
There is no argument that in all three countries, Italy and the US and the UK, criminal defendants have the right to remain silent. This means that they do not have to speak in their own defence, if they choose not to do so.
However, Italy takes the privilege against self-incrimination such a giant step further that a guilty defendant, if given the choice, might be wise to choose trial in Italy, in preference to trial in either the US. or the UK.:
First, there is a significant difference between the use of the word “testify” in Anglo-American common law and its use in Italian law. Iin the former a testifying-defendant is sworn to tell the truth under oath and pain of perjury. Iin the latter, a defendant, when called to the stand, is not even “a witness”, and is not under oath:
According to the Italian Code of Criminal Procedure a defendant can be called to speak, but may refuse to “bear testimony”
Technically, a defendant does not “bear testimony”, or testify; a defendant is not even “a witness” ; in Italian, a witness is interrogato, whereas a defendant is esaminato and may refuse to answer many questions.
A defendant, in Italy, can also lie without fear of legal sanction.
Since a defendant does not take an oath and since a defendant is not technically a witness, if a defendant tells a lie, the defendant is not committing perjury.
A defendant can choose to make spontaneous statements to the Judge; and can tell whatever she/he wishes to tell and can choose not to answer any questions. In the Perugia case too, a defendant can lie without legal sanction.
So, if Amanda Knox speaks at her trial, neither the Judges, the Prosecutors, nor Defendant’s Counsel neccessarily expect her to speak the truth - they may expect her to lie her head off.
Prosecutors will not try to directly expose her lies so much as they will try to expose the contradictions in her various statements.
Amanda Knox’s prepared statement-to-the-court at her trial [as opposed to her testimony] restricted itself to the subject of the false accusations she made against Patrick Lumumba. This unsworn statement could not be submitted to cross-examination. Such unsworn statements are also possible in the other jurisdictions.
In the case of the Meredith;s murder there seems to be an ample supply of evidence showing their guilt, such as the multiple contradictions both between and within their statements.
Furthermore, even if no one, ever, comments adversely on these defendant’s exercise of the right to silence, think of Simon and Garfunkel’s famous “Sounds of Silence”
That song reminds us that finders-of-fact, at least subliminally, can hardly avoid being influenced by accused defendants’ silence.
Archived in Officially involved, Public evidence, Knox's alibis, Trials 2008 & 2009, Hellmann appeal, Amanda Knox
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Sunday, December 12, 2010
Video Of The Last Scenes Poor Meredith Saw In Her Life Before She Arrived Home Fatefully
Posted by SomeAlibi
Also posted on our new Case Videos page. Meredith of course made this walk at night and the video gives an example of that after first showing the route. Essentially it is a z-shaped route.
North and then west, and then north again down the stairs and across the parking building, to the presumed safety of her home.
Archived in Concerning Meredith, Her memory, Public evidence, The timelines
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Saturday, December 11, 2010
Proposed Defense Witness Aviello Cell Searched: Could Be Setback For Defenses
Posted by Peter Quennell
The defenses could be about to find that neither of their requested key witnesses will be willing to mount the stand.
The Italian media are reporting that the prison cell of Luciano Aviello has just been searched. Aviello is the supersnitch from Naples who has a history of falsely accusing others to try to give himself a break.
We have been remarking for a while that both Aviello and the baby killer Mario Alessi could face perjury charges and another few years on their sentences if the police can uncover evidence that if either testify, they committed perjury on the stand.
Both prospective witnesses were interrogated in prison by both the defense teams and the prosecution. The defense claims after their interrogations always sounded pretty desperate. The prosecution have never ever revealed what they heard.
The purpose of the Aviello search was stated to be related to a possible charge of calunnia which in effect is criminal defamation of others. Possibly Aviello’s cellmate snitched. That sure would be ironic.
Let us take a leap in the dark here. Do Italian authorities REALLY not like people who lie in the course of criminal proceedings? Whether on the stand or in the mass media?
Archived in Public evidence, The witnesses, The many hoaxes, The Aviello hoax
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Monday, December 06, 2010
Will Sollecito And Knox Finally Want To Take The Stand? Why Our Betting Is Against
Posted by Kermit
The Massei Report makes nothing of the fact that Amanda Knox and Raffaele Sollecito did not rise under oath in their defense.
But if that made zero impact on the perceptions of the judges and lay judges, we would be very surprised. There are VERY few cases in the US or Europe where an INNOCENT defendant (1) rose to testify, (2) was then found guilty and sentenced, and (3) and was later found to be innocent after all.
Raffaele Sollecito never ever took the stand. He confined himself to some spontaneous remarks not under oath which is permitted in Italian courtrooms. They seemed not at all effective and they sure didn’t eliminate at all the 80,000 pound gorilla of evidence that the prosecution had let loose in the room.
Amanda Knox made similar spontaneous remarks, none of which seemed very helpful - the first was to jokingly explain why her bunny vibrator was always on view in the bathroom that she and Meredith shared.
The Knox testimony seen here was not a part of the main trial - it was offered ONLY to explain why Knox implicated Patrick Lumumba, and under the agreed rules for that testimony, the prosecution’s questioning was very circumscribed and curtailed.
Despite that, Amanda Knox seemed to do herself little real good on the stand, and in her second day there she sounded amused and very callous about the death of Meredith.
Please click here for 150 questions for Amanda Knox which should open in Powerpoint in half a minute. They show how blistering a full-blown prosecution cross-examination really could be.
Actually it could be even tougher. Those questions were assembled 18 months ago - and in the months after, we had the hesitant and nervous defense phase, the very strong prosecution summation, and the implacable Massei Report.
We could probable triple the questions for Knox now, and create a similar list for Sollecito. If he is given the chance to cross-examine the two, Prosecutor Giancarlo Costagliola very well may triple them.
The defenses have very few rounds of ammunition going into this appeal - the anti-Guede witness Alessi is a joke, and the DNA and forensic tests were all done fine the first time and have never been proved - despite all the smoke being blown - to be false or falsified.
So will they or wont they take the stand?
They seem cooked if they do - and cooked if they don’t. Tough call.
Archived in Public evidence, Knox's alibis, Sollecito's alibis, Trials 2008 & 2009, Appeals 2009-2014, Hellmann appeal
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Friday, December 03, 2010
Explaining The Massei Report: Establishing The Time When Meredith Passed On
Posted by Storm Roberts
Perhaps the hardest parts of the Massei Report for compassionate readers to take are those concerning Meredith’s wounds and time of death.
Those passages commence early in the report and, as with our translation of much of the Micheli report, left our translators and many readers disturbed and a few of them at least in tears.
This is an abbreviated overview of how forensic medicine helped the court to establish the time of Meredith’s death.
Medical science is often called upon to help to identify a precise time of death. However, this is not possible. The only way of knowing a precise time is if the death is witnessed and a time noted - medical science can only give a “time window” during which it is likely that death occurred.
There are several ways of establishing time of death and I shall look at four, briefly: the extent of rigor mortis; the temperature of the body; hypostasis; and, the state of digestion.
Rigor Mortis is the stiffening of muscles after death. As oxygen is no longer being provided to the tissues of the body certain chemical reactions can no longer happen and changes occur. In the muscles this leads to a state of contraction which remains until the muscle tissues start to decompose.
Rigor Mortis begins to establish approximately three hours after death and is fully established at twelve hours and remains so until 48 hours. Rigor then begins to dissipate and 80 - 90 hours after death rigor mortis will have fully dissipated.
Thus rigor mortis can be used to establish an approximate time of death based on the degree of stiffness and whether the body is going into or going out of rigor. External factors can have an impact on rigor mortis, but as the cause of rigor is a lack of oxygen preventing a chemical reaction taking place external factors have less effect than they do when considering other methods of establishing time of death.
The accepted temperature of a healthy human is 37 Celcius. Upon death the body starts to cool. The body temperature, normally taken rectally, drops 1-2 Celcius in the first hour and 1 Celcius every hour for the following 8 hours, thereafter the temperature drops gradually until the body reaches ambient temperature.
Factors that can affect this process, thus complicating it’s application to the establishment of the time of death include:
- the covering of the body as this insulates and changes the rate at which the body loses heat;
- injuries sustained and blood loss; and,
- any change in the environmental temperature (if the temperature surrounding the body changes - such as a night time temperature drop or if the body is moved).
Hypostasis is the settling of red blood cells under the force of gravity - the red blood cells fill capillaries (our smallest blood vessels) giving a red coloration to the skin. Initially the red blood cells are still mobile however eventually they coagulate and the coloration becomes fixed. It is generally accepted that the coloration (stain) appears one to two hours after death and begins to fix, from the central area of the stain outwards, from around the sixth to eighth hour. Fixation is complete from 24 to 36 hours after death.
Stage of digestion.
From the time we start to eat a meal, and thus initiate the digestion process in the stomach, there is a set pattern of events within the digestive process that can allow us to determine approximately how long after the start of the last meal digestion was interrupted by death.
When we eat a meal our food is initially broken down my two main means: firstly - chemical, namely enzymes and the acid in our stomach; and, secondly - mechanical, namely chewing and the action of the stomach muscles. Once our food has achieved a liquid consistency it is able to leave the stomach and enter the first part of our intestines - the duodenum.
This emptying of the stomach normally occurs from around 3 hours after eating. However, how fast we digest a meal and the stomach empties depends on a multitude of factors, just a few of which are:
- what we have eaten;
- how the food was prepared;
- how our body reacts to the food;
- our state of mind (for example: ever had “butterflies” or an upset stomach when you were worried or excited? );
- our state of health; and,
- what we drank with our meal.
In reality the speed of digestion varies not only person to person but meal to meal - You could eat the same meal twice and have significant differences in the speed of digestion each time.
If our “fight or flight” mechanism - the release of adrenaline - is bought into play it is possible for the digestive process to temporarily halt as our body diverts it’s resources to deal with more pressing matters of survival. This however is not certain, everyone is different and how such things affect us is unique.
What is explained in the report
Above I said that the stomach can empty after 3 hours, all of the above factors and many more can more than double that time to 6 hours or possibly more. Professor Cingolani testified that the stomach can empty after as little as one hour or take as long as 12 or more hours. Thus as stated above, the state of digestion, whether the stomach has emptied or not, is only able to provide a “time window” during which death could have occurred.
N.B. The following references to page numbers relate to the translation of the Massei Report (see link in the menu to the left of your screen) - specifically the first published version - v1.0 - dated 8th August 2010.
The Massei Report [Page 109 (full medical forensic considerations) and Page 173(specific report on the time of death.)]
The first thing the Massei Report notes on the subject of determining the time of death is that all the expert witnesses emphasised how difficult it is to determine, in part because there are “variables which are not always determinable and measurable with the necessary precision.”
The experts heard by the court on this matter were:
- The Coroner, Dr. Lalli (whose evidence with regards to his observations and calculations regarding time of death are on Pages 113 to 116 of the Massei Report);
- Consultant appointed by the Public Ministers (prosecution), namely Professor Mauro Bacci;
- Consultants appointed by the court (the GIP - judge at a previous hearing), namely Professor Giancarlo Umani Ronchi and Professor Mario Cingolani;
- Consultant for the civil party, namely Professor Gianaristide Norelli;
- Consultant for the defence of Amanda Knox, namely Professor Carlo Torre; and,
- Consultants for the defence of Raffaele Sollecito, namely Professor Francesco Introna and Professor Vinci.
Evidence such as the time of Meredith’s last meal (approximately 18.30 hrs) and when she was last seen by her friends (a few minutes before 21.00 hrs) was used by the court to ascertain the earliest possible time of death, i.e. 21.00 hrs was the last time Meredith was seen alive and the “time window” calculated with reference to forensic medical evidence could not start earlier than that [Page 131].
Arguments were heard with regards to how various factors would have affected calculation of time of death, these are all detailed in the Massei Report as are the different views and opinions of the various consultants noted above. The main points of contention were the effect the covering of the body had and the timing of the emptying of the stomach.
Details from the report
Dr. Lalli saw the body at around 14.40 to 15.00 hrs on 2nd November and noted that there was “cadaveric rigidity… of the ankle and toes” [Page 110]. He did not examine the body fully at that time as the scientific police were conducting their investigation and it was important to preserve the crime scene so they could do their job. He first examined the body at 00.50hrs on 3rd November 2007 - it was subject to rigor mortis. Rigor was still established at 12.00 hrs on 3rd November and was resolved by 10.00 hrs on 4th November - and thus he considered that the stages of rigor supported the time window established by the temperature of the body.
Dr. Lalli used both his experience of various factors which affect the rate of loss of heat energy from the body and also mathematical methods - namely the application of the Henssge nomogram - to establish a time window by considering the body temperature.
His calculations led to him reporting a window of between 21 and a half hours and 30 and a half hours prior to his first examination of the body (00.50 hrs 3rd November). He noted that the intermediate point of this window was 23.00 hrs on 1st November [Page 173]. Discussions centred on the weight of the body and also the effect of the cover placed over the body specifically how these would effect the application of the Henssge nomogram.
Looking at the hypostatic staining in this case did not help to narrow the time window [Page 114]. During his first examination of the body at 00.50 hrs on 3rd November Dr. Lalli noted that the stains were not fully fixed - digital pressure caused the stain to fade but not to disappear. In the following examination at 12.00 hrs on 3rd November the hypostasis was “fixed to finger pressure”.
This indicated that death occurred 24 to 36 hours earlier - however it is not known at what precise point in time between the first and second examination of the body that fixation occurred - therefore the court considered that the time of 12.00 hrs on 3rd of November was the latest possible time to count back the 24 to 36 hours.
Iin other words based on the observations and the times they were made the time window suggests death was between 24.00 hrs on 1st November and 12.00 hrs on 2nd November however full fixation of the stains occurred at a point between 00.50 hrs and 12.00 hrs on 3rd November if that point in time were known it would allow the time window to be pushed back and be more accurate. As this was not possible the court concluded that hypostasis was unable to provide information more accurate than that provided by the temperature of the body.
With regards to the state of digestion discussions covered areas included the time of the meal Meredith had shared with her friends (around 18.30 hrs), the point from which calculations should be taken, what had been eaten and the degree of digestion and how long it would take for the stomach to empty.
Also discussed was the possibility that Meredith might have had a snack when she returned to her home, a snack which might have included mushroom and a small quantity of alcohol (no more than a small glass of beer or wine) - it is not certain that she partook of such a snack but it was considered by the court [Page 179].
Dr. Lalli concluded that the time of death suggested by the state of digestion would have been between 21.00 hrs and 24.00 hrs on 1st November [Page 174] which is consistent with the time of death suggested by the temperature of the body and rigor. However other consultants, particularly those appointed by the GIP emphasised that this method has many variables and thus cannot provide an accurate time window [Page 179].
The time of death can be said to be within a ten hour time window of between 18.50 hrs on 1st November and 04.50 hrs on 2nd November. The court and all the consultants and experts agreed on this time window [Page 179]. The mid point of this window is 23.50 hrs on 1st November. Meredith was last seen alive by her friends at 21.00 hrs on 1st November 2007.
However, forensic medical evidence is only one aspect of this case. Evidence with regards to biological trace evidence, telephones, computers and witness statements, for example were also introduced to the court and are detailed in the Massei Report. After careful consideration and weighing of all the facts the court concluded that Rudy Guede, Amanda Knox and Raffaele Sollecito entered the house at 7 Via della Pergola at around 23.00 hrs [Page 361] and Meredith was murdered shortly after 23.30 on 1st November 2007 [Page 382].
Archived in Smoking-gun posts, Public evidence, The timelines, DNA and luminol, Trials 2008 & 2009, The Massei Report
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Tuesday, November 30, 2010
Explaining The Massei Report: The Timeline For Events Before, During, And After The Night #2
Posted by catnip
Continuation from Post #1
These two posts list all of the events precisely timed in the Massei Report. Page numbers shown in brackets are those in the original Italian version.
There are plenty of mentions of imprecise occasions and general time periods, such as when Rudy told Giorgio Cocciaretto about liking Amanda (p26) or when lawyer Palazzoli found out their stolen computer had been recovered in Milan (p33), but they are not listed here.
02 November 2007
00:10:31 Meredith’s English phone has a call, via cell 25622, which covers Via Sperandio but not Via della Pergola (p337, p350).
00:58 A 4-second Web connection occurs on Raffaele’s laptop, with QuickTime contacting the Apple server home page from 00:58:50 to 00:58:53: possibly an ad window listing multimedia files available from Apple opens and closes (p331, p332).
05:32–06:00 Activity on Raffaele’s MacBookPro laptop begins for the day: the VLC application attempts to open an MP3 file and crashes three times: at 05:32:09, 05:32:12, 05:32:13. iTunes successfully plays the MP3 files for the next half hour (p327).
06:02:59 Raffaele’s phone, located in Corso Garibaldi, receives an SMS from his father (p339). The SMS was sent at 23:14 the previous night (p340).
07:45 Quintavalle sees Amanda at his store (p383).
Around 9:00 As Mrs Lana and her husband are readying to leave to go to the police station to report the previous night’s menacing phone call, their son Allessandro finds a mobile phone, a Motorola, in the yard in front of the house, about 15-20 metres distant from the road above their house; thinking that one of the police officers had dropped it the night before, Mrs Lana phones the police station, and is asked to bring the mobile phone in (pp12-13).
09:24 Raffaele receives a call from his father, 248 seconds long, to see if they have left for their Gubbio excursion (p342, p383).
09:29 Raffaele receives a call, 38 seconds long (p342).
09:30 Raffaele, in Corso Garibaldi, receives a call from his father (p342).
10:00 Meredith and Robyn were intending to meet at a lecture at the University, not realizing that it was a public holiday; around this time Robyn tries calling Meredith several times without getting a response; Robyn finds out about Meredith’s murder later that afternoon at Police Headquarters, where she meets Amanda and Raffaele for the first time (p21).
Around 10:15 Mrs Lana and her husband, bringing the mobile phone their son found in their yard, arrive at the police station; the postal police officer on duty, Director Bartolozzi, takes custody of it and later in the morning will identify it as belonging to Filomena Romanelli (p13).
Around 11am Amanda, per her testimony, returns to Via della Pergola to have a shower in preparation for a planned excursion to Gubbio with Rafffaele (p347).
11:38 Director Bartolozzi establishes that the Motorola phone handed in by Mrs Lana belongs to Filomena Romanelli (p14).
Around about 11:45-12:00 A little after Mrs Lana and her husband have left the police station, their daughter Fiammetta tells them about finding a second mobile phone in the yard not far from where the first one was found; she heard it ringing; when the phone is brought inside and placed on the table, it rings, and the name “Amanda” appears on the display; Director Bartolozzi of the Postal Police is immediately informed about this and requests that the second phone also be brought in (p13).
Around 12:00 Bartolozzi at the Postal Police sends Inspector Michele Battistelli and Assistant Fabio Marzi to No 7 Via della Pergola to make enquiries; they will have some difficulty in finding the house (p14).
Around 12:00-12:10 Filomena, having borrowed her boyfriend Marco’s car, picks up her friend Paola Grande from Luca Altieri’s house, intending to visit the All Saints Fair in the Massian Fields, but before arriving there, Amanda rings saying there is something strange: she found the door open; had a shower; thought it strange that there was some blood; and that she was going to go to Raffaele’s; in response to Filomena’s question of where Meredith was, Amanda replies that she doesn’t know (pp16-17).
12:07:02 Meredith’s English phone receives a call via cell 25622, which covers Via Sperandio, where the phone was thrown away during the night (p337). The 16-second call is from Amanda, located at Raffaele’s house (p346).
12:08:44 Amanda, located at Raffaele’s, calls Filomena for 68 seconds, telling her about the disturbing things she has seen at the cottage, but, surprisingly, does not tell her that she has already tried contacting Meredith and was unsuccessful (p346, p347).
12:11:02 Meredith’s Italian phone, in cell SVSMdCs1, receives a 3-second call from Amanda Knox’s phone at Raffaele’s house; the call goes to Voicemail (p338, p346, p348).
12:12:35 Amanda, still at Raffaele’s house, receives a call from Filomena, 36 seconds (p346).
Around 12:15-12:20 Mrs Lana is at the Postal Police offices again, and hands the second mobile phone, an Ericcson, over to Inspector Bartolozzi, who is unsuccessful in identifying its owner; this makes him think that the phone’s SIM card belongs to a foreign service provider (pp13-14).
12:20:44 Amanda, still at Raffaele’s house, receives another call from Filomena, 65 seconds (p346).
Meanwhile Filomena, worried by Amanda’s phone call, tries calling her, unsuccessfully; then, on getting through, Amanda tells her about the broken window in her (Filomena’s room) and everything being turned over; Filomena, extremely worried now, calls her boyfriend to ask him to go to the cottage to find out what happened; her boyfriend Marco, because Filomena has his car, calls Luca Altieri, and together they go to the cottage, where they arrive, “almost simultaneously” with Filomena and Paola, around 13:00 (p17).
Around 12:30 Battistelli and Marzi from the Postal Police, after having driven up and down Viale Sant’Antonio twice, and Battistelli having to get out on foot, finally find the house “a little after 12:30, as it seemed to the two police officers”; there they find Amanda and Raffaele outside the cottage, seated near the end of the gated lane, just outside the wall underneath Filomena’s window, whose two Persian blinds were closed to, with the one on the right (as seen by an onlooker) being “slightly more open”; Amanda and Raffaele tell the Postal Police they are waiting for the carabinieri, who they had just called (p14).
A little after the Postal Police’s arrival at the cottage (time indeterminant) Director Bartolozzi calls Inspector Battistelli, informing him of the second phone found by Mrs Lana; it is considered that, since both phones were found near each other in terms of time and space, and one of the phones belongs to Filomena Romanelli, perhaps she will be able to shed light on the second phone as well (p15).
12:34:56 Amanda, now at Via della Pergola, receives another call from Filomena, 48 seconds (p346).
12:35 Raffaele’s phone, located at Via della Pergola, contacts his service provider for a credit topup (p342).
12:38 Vodafone sends Raffaele an SMS regarding the credit topup; he is at Via della Pergola (p342).
12:40 Raffaele, at Via della Pergola, receives a call from his father, 67 seconds (p342).
12:43 Meredith’s English phone receives a call via cell 25622, which covers Via Sperandio (p337). Subsequent calls are routed via cell 25603, which covers the Postal Police offices (p338).
12:47:43 Amanda calls the US for 88 seconds from Via della Pergola (p346).
12:50:34 Raffaele calls his sister, 39 seconds, from Via della Pergola (p342).
12:51:40 Raffaele calls the emergency number from Via della Pergola, 169 seconds, to advise the Carabinieri of an apparant burglary (p342).
12:54 Raffaele calls the emergency number from Via della Pergola for a second time, 57 seconds (p342).
Around 13:00 Filomena Romanelli and Laura Mezzetti, and separatel;y, their respective boyfriends, Marco Zaroli and Luca Altieri, arrive at the cottage (p15).
Filomena assumes the Postal Police are there because of the open front door, the broken window and the room that has been turned over; she is surprised when they show her two phone numbers, written on a piece of paper, an Italian number and an English number; Filomena explains that both numbers are in use by Meredith, the English phone for her family, and the Italian one she (Fiolmena) loaned to Meredith for use in Italy; the news about where the phones were found begins to make everyone fearful as to what might have happened, especially as Meredith would never abandon the English Erisccson phone because she was in continuous contact with her family on account of her mother’s poor health (p17)
Filomena quickly checks her room and finds nothing is missing (p18); she even tells Marzi that nothing is missing, “it’s all here” (p43); concern for Meredith increases, especially as Meredith’s door is locked; when Amanda explains that Meredith always locks her door, even when having a shower, Filomena is alarmed, because the one and only time Meredith locked her door was when she went back to England for a couple of days; the decision is made to break open Meredith’s door (p18).
A little after 13:00, around 13:15 Meredith Kercher’s body is found on the floor of her room in the upper floor apartment of a cottage at No 7, Via della Pergola, Perugia (p1, p10).
Around 13:15 Battistelli ushers everyone out of the cottage and declares a crime scene; Marco Zaroli sees the inspector enter the room, the inspector denies this (p20).
13:17:10 Meredith’s Italian phone, off or unreachable, is called by the service centre through cell SVSMdCs7 for 1 second (p338, p348).
13:24:18 Amanda, from Via della Pergola, calls the same US number as she did at 12:47, which is her mother’s, this time for 162 seconds (p346).
13:27:32 Amanda calls another US number, for 26 seconds (p347).
13:29:00 Amanda, in Via della Pergola, receives a 296 second call from a Perugia landline (p347).
Around 13:30 The murder investigation opens (p20). Public Prosecutor Giuliano Mignini is summoned and a criminal investigation into Meredith’s murder officially begins.
13:40:12 Raffaele receives an incoming call from his father, 94 seconds (p342).
13:50 Raffaele receives an incoming call from his father, 178 seconds (p342).
13:50:06 Amanda calls US xxx350 for 350 seconds from Via della Pergola (p347).
13:58:33 Amanda attempts to call her mother, 1 second (p347).
14:33 Raffaele receives an incoming call from his father, 21 seconds (p343).
14:46:14 Amanda receives a call from Germany for 102 seconds, probably her aunt Dorothy Craft (p347).
15:13:43 Meredith’s Italian phone, off or unreachable, is called by the service centre, cell not reported on the printouts (p338, p348).
15:31:50 Amanda receives an SMS from xxx078, 1 second; at this point she is at Police Headquarters; later calls go to Voicemail because the phone is unreachable (p347)
17:01 Raffaele, located at Police Headquarters, receives an incoming call from his father, 164 seconds (p343).
17:42 Raffaele, located at Police Headquarters, receives an incoming call from his father, 97 seconds (p343).
Sometime in the afternoon/evening Giacomo Silenzi, on his way back to Perugia and on the train at Porto San Giorgio with Stefano Bonassi, receives news of Meredith’s death (p25).
03 November 2007
14:16 Raffaele’s landline receives two unanswered calls from his father’s landline (p343).
06 November 2007
02:47 The “Last Modified” date is set on the multimedia file Stardust on Raffaele’s laptop (?was a password needed?), overwriting the previous last modified date. At this time, both Raffaele and Amanda were at Police Headquarters (p332).
13 November 2007
Raffaele’s portable Apple MacBookPro and 300D ASUS, Amanda’s Toshiba laptop serial number 7541811OK, Meredith’s G4 iBook, and Patrick Lumumba’s HP computer serial number 375052-001 become available (in a big box) for examination by the Postal Police (p321, p322).
Archived in Smoking-gun posts, Public evidence, The timelines, Trials 2008 & 2009, The Massei Report, Crime hypotheses, Various scenarios, The many hoaxes, The Guede hoax
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Monday, November 29, 2010
Explaining The Massei Report: The Timeline For Events Before, During, And After The Night #1
Posted by catnip
#1 The Masssei Timeline up to midnight of 1 November.
These two posts list all of the events precisely timed in the Massei Report. Page numbers shown in brackets are those in the original Italian version.
This timeline will be reposted over on the TJMK Massei Report summaries and highlights page as we populate that page further starting this week.
There are plenty of mentions of imprecise occasions and general time periods, such as when Rudy told Giorgio Cocciaretto about liking Amanda (p26) or when lawyer Palazzoli found out their stolen computer had been recovered in Milan (p33), but they are not listed here.
Raffaele Sollecito tranfers from his home town Giovinazzo to Perugia to study Computer Science; he takes up lodgings at the ONAOSI halls until 2005; he is a taciturn and introverted student; the college masters are surprised by a bestiality porn video he has; they place him under monitor watch; his father will testify that he is in the habit of carrying a small knife around in his pocket, for carving bark and scuplting small objects (p50).
Giacomo Silenzi arrives in Perugia; takes up residence in the downstairs flat at No 7, Via della Pergola (p25).
Filomena Romanelli and Laura Mezzetti move into the cottage at Via della Pergola, occupying two rooms on the upper storey; because there is a second bathroom, and another two rooms, they start searching for flatmates to share the 1200 euro per month rent (p15).
Amanda Knox has saved up enough and departs the United States; she goes to Germany (p50).
A few months before October
Raffaele Sollecito has a brief fling, a couple of days, with a girl from Brindisi (p50).
End of August to beginning of September
Amanda arrives in Perugia with her sister; finds the cottage; after going back to Germany and returning to Perugia, she will begin studying: “a good and diligent student” says her teacher Antonella Negri (p50).
Meredith departs for Perugia to start her ERASMUS courses; she chose Perugia because it is small and easily reachable from the airport; at first she stays in a hotel (p10).
2 September 2007
Sophie Purton meets Meredith; they hit it off immediately and are soon visiting each other daily; Sophie later testifies that Meredith’s relationship with Amanda is amicable even though some of Amanda’s habits are annoying (p23).
Early September 2007
Amanda arrives and says she is interested in the cottage; she takes the room between Filomena and what will become Meredith’s room, then departs for a bit to visit an aunt in Germany (p15).
Mid September 2007
Meredith arrives at the cottage, and takes the room furthest from the front door, the one facing the countryside and next to the second bathroom (p15).
28 September 2007
Meredith returns home to get warmer clothes; she returns to Perugia on 1 October (p10).
End September – Beginning October 2007
Robyn Butterworth arrives in Perugia; takes up residence in Via Bontempi; immediately gets to know Meredith (p20).
Patrick Lumumba hires Amanda Knox to work in his bar, Le Chic; at first it is every day, starting at around 21:30-220:00, then it becomes twice a week, Tuesday and Thursday (p50).
Giacomo Silenzi from the flat downstairs begins a romantic relationship with Meredith after a night out at the Red Zone club; Rudy expresses an interest in Amanda to Giacomo, Marco, and Stefano when visiting in the downstairs flat; Amanda is also there; on another occasion, Giacomo remembers Rudy, who had been drinking, asking, when they were all at a pub before going home, whether Amanda was already engaged – this was before Amanda had met Raffaele (pp25-26).
13 October 2007
Overnight, someone breaks into the law offices of Paolo Brocchi and Matteo Palazzoli by smashing a window with a big enough rock; there are pieces of glass everywhere on the floor, and their clothing has been tossed on top of the glass; initial inspection reveals a computer, a mobile phone, some USB memory keys, and a portable printer have been taken (p33).
Third Weekend of October 2007
Amy Frost goes to the Red Zone disco with Amanda (p22).
25 October 2007
Amanda and Raffaele meet for the first time. The relationship is intense; Raffaele treats and cuddles Amanda “as if she were a little girl” says his father; every day when his father called, and often multiple times during the same day, Raffaele talked about Amanda (pp50-51).
26 October 2007
Filomena meets Amanda’s boyfriend Raffaele for the first time; it is the day after Amanda and Raffaele first met (p15); it is Laura who tells her that he is a friend of Amanda’s; Filomena sees him another two or three times at the cottage; Laura remembers seeing Raffaele at the cottage around four times, and that in the coming days Amanda will often sleep at Raffaele’s: “they were continuosly hugging each other”, Laura remembers, “Raffaele was especially tender and sometimes, to me, seemed almost a bit possessive” (p51).
End October 2007
The Sunday after the Red Zone night where Giacomo and Meredith begin their relationship, Rudy drops around for a visit to the boys’ flat downstairs, univited; it is the day of the Grand Prix; that night, Giacomo and Meredith spend the night in his room; Amanda spends the night with Daniele in the upstairs flat, in Amanda’s room, according to what Daniele tells Giacomo (p26).
Stefano Bonassi, one of the four boys in the downstairs flat, who has been in Perugia for four years studying, first meets Raffaele Sollecito (p26).
27 October 2007, Saturday
Morning: Maria Antonietta Salvadori Del Prato Titone, kindergarten manager in Milan, finds Rudy at the Via Plinio kindergarten coming out of her office; there were no signs of a break-in; in Rudy’s backpack there is computer; the police, when called, ask him to empty his backpack: there is a 40cm-long kitchen knife, a set of keys, a woman’s gold watch; a little hammer like those emergency ones for breaking glass that are on the buses; the police tell her the computer was stolen from lawyers in Perugia; Rudy says he was told the kindergarten was a doss-house and paid a 50 euro fee to his informant; the kitchen knife was in the kitchen, the door to which was unlocked (pp32-33).
28 October 2007, a Sunday
22:36 The Amelie.avi media file finishes downloading via P2P onto Raffaele’s MacBookPro laptop (p326).
29 October 2007
The last day Giacomo Silenzi sees Meredith alive: before departing for the holidays, he asks Meredith to water his marijuana plants; only he and Stefano Bonassi remain in the downstairs flat because of the holidays; the other two boys in the downstairs flat have already departed (p25).
A co-worker at the Brocchi and Palazzoli law offices calls Paolo Brocchi to say that in the corridor there’s a person who says he was found with the goods in Milan, but says he purchased them legitimately; Brocchi later recognises the person as Rudy (p33).
30 October 2007
Returning home in the late afternoon after work, Filomena has a long gossip with Meredith (p15).
31 October 2007
Morning: Jovana Popovic’s mother tells her that the next day she will send a suitcase by bus so that it will arrive by midnight (p52).
Afternoon Sophie says Meredith sent her an SMS saying that she (Meredith) was on her way downstairs to the boys’ apartment to water the marijuana plants (p23).
18:27:50 Meredith’s Italian phone (the Motorola Vodaphone loaned to her by Filomena) sends an SMS to phone xx1724 through the Piazza Luppatelli sector 7 cell covering Via della Pergola and receives a reply two minutes later through the same cell at 18:29:05 (p338, p347).
22:14 Raffaele’s landline receives a call from his father, 44 seconds (p343).
Around 22:30 Marta Nieto and Carolina Martin, who live in the flat above Rudy in Via del Canerino, meet Rudy at their friend Adriana Molina’s place in Via Campo di Battaglia; there are about 30 people there; they party until around midnight, then go to another Spanish friend’s place, and then on to the Domus club; Rudy is with them all the time; the only one they see him dancing with is a girl with long blonde hair (p29).
At night: For Halloween, Meredith, Robyn, Amy, Rachel, Sophie, Nathalie, Lina and Monic dine together; then go to the Merlin and, later, the Domus, finally returning home about 4-5am; Amy remembers she and Robyn accompanied Meredith to the basktball courts in Piazza Grimana; Robyn remembers Amanda having asked Meredith to go out together (pp21-22).
01 November 2007
00:00:39 Raffaele’s phone makes an outgoing call (p341).
00:02:41 Raffaele uses his landline and calls his father for 262 seconds (p343).
00:41:49 Amanda makes an outgoing call to an unidentified person, 20 seconds (p345).
00:57 Raffaele’s phone receives an incoming SMS (p341).
00:57:20 Amanda, located somewhere in the city centre, sends an SMS to Raffaele to meet up with him at his house (p345).
01:04:48 Amanda’s phone receives an incoming call, 53 seconds, from landline xxx789.
During the day Before leaving the cottage to go to her boyfriend’s, and needing to change her clothes, Filomena asks Amanda’s help in wrapping a birthday present; Filomena is going with her boyfriend Marco to Luca Altieri’s house for his birthday party; Amanda is having breakfast and says Meredith is asleep in her room; for the rest of the day and the following night, Filomena is at her boyfriend’s (pp15-16).
Filomena remembers pulling the shutters closed on her window, as much as possible due to the swollen wood (p36).
Afternoon The film Stardust is downloaded via P2P onto Raffaele’s laptop (p331). Six files were requested; the first three downloaded were played, and the other requests were cancelled (p332).
Meredith and her mother talk on the phone for the last time; Meredith says she is planning to return home on 9 November for her mother’s birthday on the 11th (p10).
Meredith has a suitcase ready full of Perugian chocolate, intended as a gift to her sister Stephanie (pp10-11).
14:25 Raffaele’s phone has an incoming call, 58 seconds long (p341).
14:31:33 Meredith’s English phone, a Sony Ericsson, has a call via cell 25620 covering Via della Pergola; this call and the calls up until 15:55:57 also have their details recorded in the phone’s memory (p336, p349)
15:01:58 Meredith’s English phone has a call via cell 25621 covering Via della Pergola (p337)
15:48:56 Meredith’s English phone has a call via cell 25621 covering Via della Pergola (p337)
15:55:03 Meredith’s English phone has a call via cell 25621 covering Via della Pergola (p337)
15:55:57 Meredith’s English phone has a call via cell 25621 covering Via della Pergola (p337)
Around 16:00 Meredith arrives at Robyn’s place; with Amy and Sophie, they have a pizza dinner, maybe around 18:00, then look at the Halloween photos on the computer, then watch a film, halfway through the film they have an apple crumble with ice cream, and call it a night before 21:00 (p21).
16:50 Raffaele’s phone has an incoming call, from his father, 214 seconds long (p341).
16:56 Raffaele’s phone has an another incoming call from his father, 64 seconds long (p341).
Around 17:45 Jovana Popovic passes by Raffaele’s house to ask him for a lift to the bus station; Amanda opens the door and Raffaele is there (p52).
Around 18:00 The pizza dinner at Robyn’s place begins (p21).
18:27:15 The film file Amelie.avi begins playing via the VLC application on Raffaele’s MacBookPro laptop (p327).
20:18:12 Amanda, via a cell that does not cover Raffaele’s home, receives an SMS from Patrick Lumumba asking her not to come in to work that evening (p345). Amanda is located inside a phone cell which covers her route to Lumumba’s pub (p345).
20:20 Jovana Popovic’s lecture at the Three Arches ends; her mother had called to say that she was unable to send the suitcases because the driver refused to take them; Jovana starts walking to Raffaele’s to tell him she no longer needs a lift to the station (p53).
20:35:48 Amanda, located in Corso Garibaldi or environs, sends an SMS in response to Patrick’s (p345). No further activity occurs on Amanda’s phone for the rest of the day; Amanda declared during the hearings that she switched her phone off when she got back to Raffaele’s house because she was happy not to go into work and be able to spend the night with her boyfriend (p345).
Around 20:40 Jovana Popovic arrives at Raffaele’s to tell him about the lift; Amanda opens the door and tells her that Raffaele is in the bathroom (p53).
20:42:56 Raffaele’s phone has a call, and is located in Corso Garibaldi (p339). The call is from his father, who has just come out of the movie theatre and recommends the film; Raffaele mentions the leaking pipe in the kitchen to him; Amanda and Raffaele must therefore have finished dinner around this time (p341, p384). Raffaele tells his father that he is with Amanda, and will be with her the following day as well, having in fact organised a trip to Gubbio; he mentions noticing the water leak while he was washing the dishes (p52).
20:56 Meredith’s English phone recorded details of an attempt for an outgoing call “home”, to her mother (p350).
Around 21:00 Meredith returns home to the cottage (p388), leaving Robyn and Amy’s place with Sophie (p21); Sophie remembers waving goodbye to Meredith at 20:55 because at 21:00 there was a program on that she had to watch (p24).
Around 21:30 – 22:00 Antonio Curatolo, a reliable witness, while reading the Espresso newspaper, notices Amanda and Raffaele in the little square in front of the University for Foreigners; he knows each of them from before, by sight; he notices them again around 23:00 (p383).
21:10:32 The film file Amelie.avi closes on Raffaele’s MacBookPro laptop, from either being stopped, or reaching the end of the file (p327). Raffaele’s computer remains connected to the Net throughout the night and only 11 files are created, at regular intervals, by either the operating system (Mac OS X) or within the Mozilla Firefox browser cache; the P2P service also remains active (p328). The logs from Raffaele’s service provider, FastWeb, show no web page retrieval requests during this time period (p330).
21:58 Meredith’s English phone recorded details of an attempt to call Voicemail; no phone traffic was generated according to the phone provider’s records, as would be expected if the caller disconnected before the welcome message finished, consistent with a parsimonious student (p350, p352, p353).
Around 22:00 Mrs Lana recieves a threatening phone call advising her not to use the toilet because there’s a bomb. She immediately notifies the police, who arrive and find nothing; the call is a hoax; Mrs Lana and her husband are asked to come to the police station the following morning to report the phone call (p12).
22:00 Meredith’s English phone composed the number for “Abbey” (an English bank), the first entry in the contacts list, but since the international prefix was left off, the call did not connect; the roaming profile provider Wind captured the details, the phone’s memory did not (p350, p353).
22:13:19 In her last call for the day, Meredith’s English phone does a 9-second GPRS connection to IP address 10.205.46.41, via cell 30064, covering Via della Pergola and which does not cover Via Sperandio (p337, p350). This might have been an MMS message from its size, 4708 bytes received, 2721 bytes sent; alternatively, it may have been a brief WAP Internet connection, but, based on the byte traffic, with no fruitful interaction occuring; alternative three, it was an unintended WAP connection with a delayed disconnection. Since the MMS was not stored in the phone’s memory, the Court inferred that Meredith simply deleted it without opening it (p351, p352, p353)
Around 23:00 Antonio Curatolo, on his park bench, again notices Amanda and Raffaele in Piazza Grimana; he sees Raffaele going to the railing and looking through it, to where the Via della Pergola driveway gate is located (p384).
Around 23:00 The circumstances point towards Amanda, with Raffaele in tow, letting inside Rudy the cottage at Via della Pergola at this time (p384, p389). It would have been immediately obvious that Meredith was home: her door unlocked as usual, probably reading or studying, and, because of the blood and traces on her clothes, and her top being rolled up, she was still dressed, and therefore awake; plus also the wounds show she wasn’t in bed when the attack occurred (p389).
23:14 Raffaele’s father sends him an SMS, which is received on Raffaele’s phone the following morning at 06:02 (p340).
To be continued in Post #2
Archived in Smoking-gun posts, Public evidence, The timelines, Trials 2008 & 2009, The Massei Report, Crime hypotheses, Various scenarios, The many hoaxes, The Guede hoax
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Thursday, November 04, 2010
Report #2 On Perugia: What Very Very Close Neighbors Sollecito And Guede Really Were
Posted by SomeAlibi
Archived in Public evidence, The locations, Sollecito's alibis, Raff Sollecito
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Sunday, October 31, 2010
Report #1 On Perugia: I Meet A Very Decent Brave Man
Posted by SomeAlibi
I walk the journey to the cottage from where Meredith and Sophie parted ways at the Via Del Lupo. Time from there to the cottage is 5 minutes at a leisurely pace. I video the journey for proof.
As I finish, I decide to walk up Via Scortici with the wall of the basketball court to my left, just to prove to myself that it isn’t what sane people would normally do (they go round the basketball court on the stairs of the Via Della Pergola which is why Amanda saw Rudy, practising on the basketball court, daily).
Managing not to get spread against the wall by a slowly passing car which honks at me for my patent stupidity, I come to the bottom corner of Piazza Grimana by the news-stand. The entrance to Corso Garibaldi, Raffaele’s road, is five metres away.
I turn round to look at the entrance to Piazza Grimana and see the figure of a man on crutches with shoulder-length white grey hair poking out from the bottom of a striped bobble hat walking away from me and towards the steps. Is it? I cross quickly and go round the top of the basketball court, along the pavement of Via Pinturicchio trying to look down to see if I can identify him. If it’s who I think it is, I haven’t been able to find him in previous days.
The man is dressed in a white and blue ski jacket and moves purposefully, even with the crutches. He goes to the steps of Via Della Pergola and heads down towards the cottage. But then he does a right and disappears into Via Melo which is half way down the steps and leads to an area of public garden. I go down after him, down the steps, and turn into Via Melo too. I try to take a picture but inadvertently engage video mode. That has to go quickly – I need to catch him.
I walk past a woman and then overtake him. As I do, I look back at him naturally as if just with a friendly passing nod. I allow my ‘spontaneous’ surprise to stop me.
“Mr Curatolo?” I say, in my best very English sounding Italian. He looks at me in a friendly way. His eyes are bright, unbothered, looking straight at me. He furrows his eyebrows minutely at me.
“Curatolo” he says with a pronunciation which is different from mine but in ways in which I’d never be able to explain. “Yes, I’m Curatolo” he says in Italian.
His voice is soft, clear, his diction precise, also unbothered, and he looks at me calmly.
I smile at him and nod, mostly to myself. I size him up for a couple of seconds. I reach out to shake his hand which he does so unhesitatingly, taking if from the crutch at his side. As I draw close to him, I hate myself for doing it, but I use an old trick a policeman taught me and breath in deeply through mouth and nose. It looks like a normal inhalation, which of course it is, but I’m smelling him. There isn’t the slightest wiff of alcohol or smoke about him, not from today or last night, completely corroborating the precision of his speech.
My spoken Italian, worse than my understood, will now let me down but I will try in Italian and English combined. He replies only in Italian.
“Thank you,” I say, shaking his hand, “Meredith Kercher; what you saw – so important.” I point to my eyes as I do so.
“Ah, Meredith Kercher,” he replies, understanding my action and nods. “Are you a friend?” he asks.
Well that’s a complex one. “Yes, in a way”, I reply, waggling my hand from side to side in the universal language of ‘kind of’.
“Ah, I see. That is a good thing,” he replies.
“Thank you,” I say again, patting my chest with the flat of my hand. “Many people say thank you. Many people.”
“It is my pleasure,” he says in that calm voice again. Then he shrugs with those crutches of his but in a very measured way. “I saw what I saw” he says simply.
I look him straight in the eyes throughout the whole conversation. He doesn’t once break eye contact back – never - and I particularly note it when he says those final words. I look at him some more and I nod again.
“I know you did,” I say.
But this time I really do know it, with certainty. And since Raffaele and Amanda never said they went to the basketball court on the previous night and did what Curatolo saw them doing, I know when he saw them too.
“For you, sir,” I say and give him a twenty euro note to help him through today.
I ask if I might possibly take a quick picture, just to prove it happened, and he graciously says yes. I take a single one and then I shake his hand once more. I pat him on the back and smile a last time.
And then I say a final thank you and goodbye. I haven’t got the Italian to talk to him further but more than that, I want him to know that sometimes people say thank you and mean it without wanting anything else.
I walk off back towards Piazza Grimana and out into a little sunshine on an otherwise grey day as the bells start to chime out one o’clock.
Seeing the three disco buses last night after 11pm helped, about what happened that night in the square. But this meeting helped me more. I’ve dealt with more liars than most people have had hot breakfasts: I know the deeply credible ones, the squirming ones, I know the lies of drug addicts and thieves and other types more innumerable than I care to mention. He’s none of these things whatsoever. He is calm, measured, collected and together, softly spoken; a man with dignity even if he is down on his luck.
Curatolo saw what he saw, and now, as I start walking with a smile on my face, I know he did too.
Archived in Public evidence, The witnesses, The wider contexts, Perugia context
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Tuesday, October 12, 2010
Ten Examples Of How The Former Campus Cop Steve Moore Serially Mischaracterizes The Case
Posted by The Machine
Although Pepperdine apparently offered him a deal for his resignation, he refused, and so he probably departed with only the minimal severance entitlements in his contract. Now he is suing Pepperdine, presumably to see if he can get a little bit more.
Steve Moore has been rather plaintively claiming since the firing that he did nothing wrong, except to avidly support the innocence of Amanda Knox in his own time.
Well, good luck with that one.
We suspect that a lot of things about his confused, hurtful and ebullient campaign reached the front office of Pepperdine University, and that some or many of these things may come out in the open when Steve Moore’s suit goes to court. Our next post will contemplate what some of these things may be.
Not a secret at all to those involved in handling the case in Perugia and Rome (where Moore is much ridiculed) and presumably now at Pepperdine (which has a very good law school capable of CORRECTLY absorbing the Massei report) is how Steve Moore seems serially unable to get the facts of the case right.
His media interviews have followed the very familiar PR script. The presenter or journalist begins by really talking up Steve Moore’s 25-year career with the FBI as one of the FBI’s really big stars, and then going to to emphasize how Steve Moore has REALLY done his homework on this case. On the NBC Today Show, for example, it was claimed that Steve Moore has studied “every iota of evidence,” and reporter Linda Byron stated on Seattle’s King 5 TV that he had obtained the trial transcripts and the police and autopsy records and had all of them translated into English.
The intended message is clear: Steve Moore is an exceptionally credible professional expert in all the relevant fields, and he knows this case inside out because he has researched it absolutely meticulously.
In this piece, we will compare just a few of the many claims that Steve Moore has made - here in interviews with Frank Shiers on Seattle’s Kiro FM Radio, with Ann Curry on the NBC Today Show, with George Stephanopoulos on ABC News, and with Monique Ming Laven on Seattle’s Kiro 7 TV - with the real facts of the case, as described in the Massei report and the witness testimony from the trial.
False Claim 1: The large knife doesn’t match the large wound on Meredith’s neck.
Steve Moore has repeatedly claimed in interviews with for example Frank Shiers, Ann Curry and Monique Laven that the double DNA knife doesn’t match the large wound on Meredith’s neck.
But the prosecution experts, multiple defence experts and Judge Massei in his report have all agreed that the double DNA knife DID match the large wound on Meredith’s neck.
On these matters, the considerations already made must be recalled, which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound. (The Massei report, page 375).
Barbie Nadeau reported directly from the courtroom in Perugia that multiple witnesses for the defence, including Dr. Carlo Torre, conceded that the double DNA knife was compatible with the deep puncture wound in Meredith’s neck.
“According to multiple witnesses for the defense, the knife is compatible with at least one of the three wounds on Kercher’s neck, but it was likely too large for the other two.” (Barbie Nadeau, Newsweek).
He (Dr. Carlo Torre, defence expert) conceded that a third larger wound could have been made with the knife, but said it was more likely it was made by twisting a smaller knife. (Barbie Nadeau, The Daily Beast).
For someone who has allegedly “studied every iota of evidence”, it seems that Steve Moore is doing nothing more than regurgitating a familiar FOA myth that has long been completely debunked. He clearly hasn’t studied every iota of evidence.
Monique Ming Laven has a copy of the English translation of the Massei report and she claimed that she was going to read it. Warning bells should have gone off in her head as soon as Moore claimed the double DNA knife didn’t match the large wound on Meredith’s neck, and yet she didn’t challenge him.
False Claim 2: They want you to believe that Amanda Knox inflicted all three wounds on Meredith’s neck
Moore erroneously stated in an interview with George Stephanopoulos on ABC News that “they” claimed that Knox caused all three wounds on Meredith’s neck.
“What they’re having you, what they want you to believe is that in the middle of a life and death struggle, holding a girl who is fighting for her life. Amanda stabbing someone for the first time in her life, takes two stabs with a very small knife, throws it away and says give me the other one” (5.48 - 6.05)
Neither the judges and jury nor the prosecution have EVER claimed that Amanda Knox inflicted all three wounds on Meredith’s neck:
“Elements which lead one to consider that the 4cm in depth wound was inflicted by Raffaele Sollecito with the pocket knife that he was always carrying around with him, and was inflicted immediately after having cut the bra…” (The Massei report, page 374).
The following extract is from Mignini’s timeline, which was presented at the trial on 20 November 2009 by the prosecutors:
23.30 ...At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other however a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.
23:40 ...The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.
The timeline presented by the prosecutors during their summation was published in Il Messagero and other Italian newspapers. It was translated by main poster Tiziano and our other Italian speakers and posted on PMF and TJMK here.
False Claim 3: Meredith had no defensive wounds on her hands
Steve Moore told Frank Shiers on Kiro FM that Meredith had no defensive wounds on her hands. Moore clearly hadn’t read the autopsy report or its summary in the Massei Report.
“They consist also in some tiny defensive wounds: one on the palm of her  right hand of a length of .6cm showing a tiny amount of blood; another on the ulnar surface of the first phalange of the second finger of the left hand, also of length .6cm; another on the fingertip of the first finger with a superficial wound of .3cm, and another tiny wound corresponding to the fourth radius.” (The Massei report, pages 369-370).
False Claim 4: Rudy left his hair and fluid samples on Meredith’s body.
Steve Moore has made this false claim in interviews with Frank Shiers and George Stephanopoulos.
Rudy Guede did not leave any hair or fluid samples on Meredith’s body. There is no mention of Rudy Guede leaving his hair or fluid samples on Meredith’s body in either the Micheli report or the Massei report.
Steve Moore is simply making things up or relying on false information.
False Claim 5: Amanda and Raffaele didn’t step in blood and that can’t be avoided
In his interview with Frank Shiers, Steve Moore claimed that Knox and Sollecito didn’t step in Meredith’s blood. The Massei report completely contradicts this claim.
It notes that Amanda Knox stepped in Meredith’s blood and tracked the blood with her feet into her own room, the corridor, and Filomena’s room:
Even the traces highlighted by Luminol therefore show the existence of evidence against Amanda, making [the Court] consider that she, having been barefoot in the room where Meredith was killed and having thus stained her feet, had left the traces highlighted by Luminol (which could have resisted the subsequent action of cleaning, on which more will follow) and found in the various parts of the house which she went to for the reasons shown above (her own room, the corridor, Romanelli’s room). (The Massei report, page 382).
Judge Massei attributed the visible bloody footprint on the bathroom mat to Raffaele Sollecito and categorically ruled out the possibility that it could have belonged to Rudy Guede:
“Also from this viewpoint it must be excluded that the print left on the sky-blue mat in the little bathroom could be attributable to Rudy. A footprint that, for what has been observed in the relevant chapter [of this report] and for the reasons just outlined, must be attributed to Raffaele Sollecito…” (The Massei report, page 379).
The bare bloody footprint in the corridor, referred in the Massei report as trace 2, was attributed to Raffaele Sollecito:
In this particular case, they lead to an opinion of probable identity with one subject (Sollecito with respect to trace 2, Amanda Knox with respect to traces 1 and 7) and to the demonstrated exclusion of the other two. (The Massei report, page 349).
False Claim 6: None of the luminol prints or stains contained Meredith’s DNA
Steve Moore told Frank Shiers that Meredith’s DNA wasn’t found in any of the luminol prints or stains.
Meredith’s DNA was found in the luminol traces in the corridor and in Filomena’s room.
Amanda (with her feet stained with Meredith’s blood for having been present in her room when she was killed) had gone into Romanelli’s room and into her [own] room leaving traces [which were highlighted] by Luminol, some of which (one in the corridor, the L8, and one, the L2, in Romanelli’s room) were mixed, that is, constituted of a biological trace attributable to [both] Meredith and Amanda…” (The Massei report, page 380).
False Claim 7: The prosecutor through fierce interrogation coerced Amanda into implicating someone else in the case
Steve Moore has made this claim on a number of occasions
The prosecutor wasn’t even present when Amanda Knox first accused Diya Lumumba. Mignini was called to the police station after she had ALREADY admitted that she was at the cottage when Meredith was killed and she had ALREADY made her false and malicious accusation against Lumumba.
Her implication of Lumumba was clearly triggered by the news that Sollecito had just destroyed her alibi. She had an interpreter with her at all times, and she had a lawyer present at all times after her first relatively brief (and unscheduled) interrogation on the night as a witness.
Her lawyers never ever claimed the interrogation was anything out of the ordinary or that for a suspect she was treated less than kindly, and they never filed any complaint, making her situation at her slander trial in November one that is dire and untenable
False Claim 8: Amanda Knox wasn’t given food or drinks when she was questioned by the police.
Steve Moore falsely claimed on the Today Show and ABC News that Amanda Knox wasn’t given food or drinks when she was questioned. However, Monica Napoleoni testified that Amanda Knox was given something to eat and drink.
“Ms Napoleoni told the court that while she was at the police station Ms Knox had been “treated very well. She was given water, camomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.” (Richard Owen in The Times, 1 March 2009).
Amanda Knox even herself confirmed during her testimony at the trial that she was given something to eat and drink.
False Claim 9: Amanda Knox was interrogated in Italian on 5 November 2007
Steve Moore stated in his interview with George Stephanopoulos on ABC News that Amanda Knox was interrogated in Italian, a language he says she barely knew, on 5 November 2007.
Amanda Knox was provided with an interpreter, Anna Donninio, on 5 November 2007 who translated all the police officers’ questions into English for her and translated her answers back.
In Amanda Knox’s own testimony on the stand in June 2009, she even referred to this interpreter - she claimed the interpreter seemed to give her some advice at one point.
False Claim 10: Amanda Knox recanted her accusation against Diya Lumumba as soon as she got some food
Amanda Knox didn’t retract her accusation as soon as she got some food at all. In fact, she reiterated her allegation in her handwritten note to the police on 6 November 2007 which was admitted in evidence:
[Amanda] herself, furthermore, in the statement of 6 November 2007 (admitted into evidence ex. articles 234 and 237 of the Criminal Procedure Code and which was mentioned above) wrote, among other things, the following: I stand by my - accusatory - statements that I made last night about events that could have taken place in my home with Patrick…in these flashbacks that I’m having, I see Patrick as the murderer…”.
This statement which, as specified in the entry of 6 November 2007, 200:00pm, by the Police Chief Inspector, Rita Ficarra, was drawn up, following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (The Massei report, page 389).
The Massei court took note of the fact that Amanda Knox didn’t recant her false and malicious allegation against Diya Lumumba during the whole of the time he was kept in prison.
Steve Moore’s various surfacings smack of a Walter Mitty character making things up as he goes along, with an expression and a tone of voice that suggests he is thinking “Yes, folks, really this is all about me.”
He will save Knox! He will save Knox! Come what may!
Steve Moore has never ever addressed smoking-gun issues like Knox’s and Sollecito’s many lies before and after 5 November 2007. It seems that perhaps he’s not even aware of them - he certainly seems to think Amanda Knox only lied on 5 November 2007.
Italian authorities worked hard and professionally in Perugia and Rome to get this case right. If he is ever to speak up again with any credibility at all, Steve Moore needs to read and actually understand the Massei report in its entirety. It’s unforgivable for him to get so many facts wrong on so many occasions in front of a large audience, and then use those wrong facts to make multiple highly unprofessional accusations against the authorities in Perugia and Rome.
And the journalists who get to interview him REALLY should have alarm bells going off when he comes out with his many fictions. It was very remiss of Monique Ming Laven and Ann Curry not to challenge Moore over any of his false claims, such as the double DNA knife being incompatible with the large wound on Meredith’s neck. (George Stephanopolous did at least make some small attempt.)
Steve Moore is not only oblivious to many facts about the case. He seems totally oblivious to the real hurt that his cowardly, dishonest, self-serving campaign from across the Atlantic is inflicting on Meredith’s family and her friends
Archived in Public evidence, The two knives, Crime hypotheses, Diversion efforts by, The Knox-Mellases, Steve Moore, The Guede hoax
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Monday, September 20, 2010
Explaining The Massei Report: All Judges, Lawyers And Witnesses At Trial Jan-Dec 2009
Posted by Storm Roberts
Our intention with this new series of posts is to show how thorough the trial was, and how compelling the Massei Report on the grounds for the Knox-Sollecito sentence is.
At the beginning of the trial, the witness counts were considerable: approximately 90 for the prosecution, 60 for the civil plaintiffs, 90 for the defence of Raffaele Sollecito, and 65 for the defence of Amanda Knox.
However, a large number of witnesses for both Amanda Knox and for Raffaele Sollecito were removed from the witness listing. Thus the actual number of people testifying was lower than originally expected.
Here is a comprehensive list I have compiled, made by going through the Massei Report, picking out the witnesses, and noting what they testified about. If I had the information available, I have noted where a witness was specifically called by the defence of either of the then defendants.
Officers Of The Court
- Judges: Dr Beatrice Cristiani and Dr Giancarlo Massei, the president of the Court.
- Prosecutors: Public Ministers Dr Manuela Comodi and Dr Giuliano Mignini.
- Interpreter for Amanda Knox: Dr Anna Baldelli Fronticelli.
The Legal Teams:
- For the family of Meredith Kercher: Francesco Maresca and Serena Perna.
- For Diya “Patrick” Lumumba: Carlo Pacelli.
- For Aldalia Tattanelli (the owner of the house): Letizia Magnini.
- For Amanda Knox: Luciano Ghirga and Carlo Dalla Vedova.
- For Raffaele Sollecito: Giulia Bongiorno, Daniela Rocchi and Luca Maori.
The following is a list of witnesses and a brief note as to the evidence they presented. I am not detailing their arguments here, merely indicating the areas the witnesses were heard in. For full details of the evidence and the court’s arguments please read the Massei Report in full and the summaries coming up.
- Amanda Knoxtestified while not under oath at the request of her defence and the legal team representing Diya Lumumba. Her testimony was heard on 12th and 13th June 2009. Raffele Sollecito made a couple of interventions from his seat beside his three lawyers, but he did not get up on the stand.
- Mrs. Elisabetta Lana and her son, Alessandro Biscarini. They discovered two mobile phones, both belonging to Meredith Kercher (one was registered to Filomena Romanelli, Meredith’s flatmate), in their garden at Via Sperandio.
- Dr. Filippo Bartolozzi - at the time Manager of the Department of Communications Police for Umbria - Dr. Bartolozzi received the mobile phones from Mrs Lana, the first at approximately 11.45 to 12.00hrs on 2nd November 2007, the second at approximately 12.15 to 12.20 hrs. He traced the first phone to Filomena Romanelli and, at noon, despatched two officers to her address to investigate why her phone was in Mrs. Lana’s garden.
- Inspector Michele Battistelli and Assistant Fabio Marzi - the two officers despatched by Dr. Bartolozzi. They arrived at 7 Via della Pergola at a little after 12.30 hrs - they found Amanda Knox and Raffaele Sollecito sitting outside the house. They gave evidence about the circumstances leading up to the discovery of Meredith’s body and with regards to securing the scene whilst awaiting the Carabinieri and Scientific Police.
- Filomena Romanelli who was Meredith’s flatmate gave evidence regarding the phone she had lent to Meredith. She also detailed when she had moved into the flat at 7 Via della Pergola and the living arrangements. She told of her plans for the 2nd November and how a worrying phone call from Amanda Knox led to her calling her back and returning to her home earlier than planned. A key point of Ms. Romanelli’s evidence was her disagreement with Amanda Knox over when Meredith locked her door - Ms. Romanelli stated that Meredith had only once locked her door and that was when she had returned to England for a few days.
- Paola Grande, Marco Zaroli and Luca Altieri - the other young people who were at the property when Meredith’s body was discovered. Mr. Altieri broke down the door to Meredith’s room.
- Laura Mezzetti - the fourth flatmate in the upstairs flat at number 7 Via della Pergola. She testified with regards to the living arrangements and also that Amanda Knox is an early riser, a “morning person”.
- Robyn Butterworth, Amy Frost, Sophie Purton and Nathalie Hayward - Meredith’s friends from England. They testified as to when they last saw Meredith and described the behaviour of Amanda Knox and Raffaele Sollecito at the Police Station in the evening of 2nd November 2007. They also testified that Meredith had no plans after returning home at around 21.00 hrs on 1st November other than to study and have a rest as they had been out late the previous night and believed that they had classes the next day. Meredith’s friends did not know of Rudy Guede and had not heard Meredith mention his name.
- Giacomo Silenzi, one of the young men living in the flat underneath Meredith’s flat. He was Meredith’s boyfriend.
- Stafano Bonassi, Marco Marzan and Riccardo Luciani the other tenants of the downstairs flat. Along with Mr. Silenzi they testified as to the the interactions between themselves and the girls upstairs, the gatherings they held, the fact that Rudy Guede was known to Amanda Knox. They testified as to Rudy Guede’s actions at their house. They gave evidence of having met or known of Raffaele Sollecito and his relationship with Amanda Knox.
- Giorgio Cocciaretto a friend of the young men in the downstairs flat testified with regards to knowing Rudy Guede through playing basketball and having seen him at the 7 Via della Pergola house when both Meredith and Amanda Knox were present.
- Rudy Guede availed himself of his right not to participate in the trial of Amanda Knox and Rafaelle Sollecito. Judge Massei details Rudy Guede’s involvement based upon the evidence available in order to complete the reconstruction of events of 2nd November as he was charged alongside Amanda Knox and Raffaele Sollecito.
- Marta Fernandez Nieto and Caroline Espinilla Martin - two young ladies living in the flat above Rudy Guede, they testified than on the night of 31st October they had been in the presence of Rudy Guede and that the only girl they saw him dance with was a “blonde girl with long smooth hair”.
- Gioia Brocci from the Questura of Perugia who testified with regards to a trail of shoe prints leading from Meredith’s room to the exit of the flat getting fainter as they went. Ms. Brocci also testified as to the lack of signs of climbing on the wall below Filomena Romanelli’s window. She also collected evidence from the bathroom next to Meredith’s room.
- Sergeant Francesco Pasquale testified as to the possibility of breaking into the flat though the window in Filomena Romanelli’s room. Sergeant Pasquale was a consultant for the defence.
- Maria Antonietta Salvadori Del Prato Titone, Paolo Brocchi, Matteo Palazzoli and Cristian Tramontano testified with regards to previous incidents involving or possibly involving Rudy Guede.
- Edda Mellas , Amanda Knox’s mother. She testified as to communications with her daughter on the 2nd November amongst other things.
- Antonella Negri a teacher at the University who taught Amanda Knox and who testified as to her diligence as a student.
- Francesco Sollecito, father of Raffaele Sollecito. He testified as to his son’s character and about his communications with his son. He also spoke of his son’s relationship with Amanda Knox.
- Antonio Galizia, Carabinieri station commander in Giovinazzo, the Sollecito family’s home town. He testified that in September 2003 Raffaele Sollecito was found in possession of hashish.
- Jovana Popovic testified as to the presence of Amanda Knox at Raffaele Sollecito’s home at two points in time on the evening of 1st November 2007.
- Diya “Patrick” Lumumba was Amanda Knox’s employer at “Chic”. He testified that he has sent her a text message excusing her from work on the evening of 1st November.
- Rita Ficcara Chief Inspector of the State Police - to whom Amanda Knox delivered a written statement composed whilst she was awaiting to be transferred to Capanne Prison.
- Antonio Curatolo - Mr. Curatolo testified as to having seen Amanda Knox and Raffaele Sollecito at the basketball court in front of the University (the Piazza Grimana) in the evening of 1st November 2007.
- Maurizio Rosignoli - who runs a kiosk in the Piazza - testified with regards to the timing of buses at the Piazza Grimana thus corroborating times in Mr. Curatolo’s evidence.
- Alessia Ceccarelli - who worked managing Mr. Rosignoli’s kiosk - gave evidence as to Mr. Curatolo’s presence in the Piazza.
- Marco Quintavalle, who runs the shop “Margherita Conad”, testified he had seen Amanda Knox at 07.45 hrs on 2nd November, she was waiting for him to open his shop, she went to the section of the store that had items such as groceries, toilet paper and cleaning products but he did not serve her at the till so could not specify what she bought if anything. He testified that he knew Raffaele Sollecito as he was a regular customer.
- Officer Daniele Ceppitelli gave evidence with regards to the 112 calls made by Raffaele Sollecito at 12.51 and 12.54 hrs on 2nd November. In these calls Raffaele Sollecito declared that nothing had been stolen from the flat.
- Nara Capezzali, Antonella Monacchia and Maria Ilaria Dramis gave evidence of unusual sounds and activity coming from the area around 7 Via della Pergola - namely a scream and the sound of running footsteps.
- Dr. Lalli, the Coroner, he performed the post mortem and ascertained the cause of death and a “time window” when death was likely to have occurred. He put the time of death between 20.00 hrs on 1st November 2007 and 04.00 hrs the following day.
- Dr. Domenico Giacinto Profazio was head of the Perugia Flying Squad at the time of Meredith’s death. He gave evidence regarding the investigative procedures and safeguards including the physical security of the property.
- Dr. Marco Chiacchiera, deputy director of the Perugia Flying Squad also gave evidence regarding the scene and investigation.
- Monica Napoleoni, Deputy Commissioner of the State Police gave evidence regarding the scene and investigation. She also testified as to Raffaele Sollecito’s desire to remain with Amanda Knox.
- Mauri Bigini a chief inspect at the Flying Squad confirmed the evidence given by Profazio and Napoleoni.
- Armando Finzi a chief inspector at the Flying Squad gave evidence regarding the examination of Raffaele Sollecito’s flat and the collection of the knife which is now termed “the Double DNA Knife” (Exhibit 36).
- Stefano Gubbiotti and Zugarini Lorena confirmed the evidence regarding the search of Raffaele Sollecito’s flat.
- Dr. Giunta from the Scientific Police in Rome directed the detection of latent prints at the scene.
- Dr. Patrizia Stefanoni from the Scientific Police in Rome collected biological trace evidence for analysis. She also performed the analysis of DNA evidence and testified extensively on all aspects of DNA - from the background science, through the collection and the testing methods employed to the analysis.
- Professor Mauro Marchionni, Dr. Vincenza Liviero and Professor Mauro Bacci, the three consultants appointed by the Public Ministers to analyse the forensic medical evidence testified as to various aspects of Dr. Lalli’s report including the cause of death, timing of death, the sexual assault and the wounds. They reported on the degree of compatibility of the knife - Double DNA Knife, Exhibit 36 - with the wounds suffered.
- Professor Gianaristide Norelli, the consultant for the civil party, is a forensic police doctor. He testified with regards to the time and cause of death and the sexual assault against Meredith. He testified as to the degree of compatibility of the Double DNA Knife with the wounds suffered.
- Professor Francesco Introna, a consultant appointed by Raffaele Sollecito’s defence testified with regards to the forensic medical evidence (cause and time of death, the sexual assault). His opinion is that the murder was committed by one person and that the Double DNA Knife was not the weapon used to inflict the large wound on the left of Meredith’s neck. He hypothesised that Meredith was already undressing at the end of the day when she was surprised by her sole attacker who attacked from behind.
- Professor Carlo Torre, a consultant appointed by Amanda Knox’s defence testified with regards to the same areas as described above. In his opinion the Double DNA knife was not the knife used to inflict the large wound on the left of Meredith’s neck. He believed a stabbing from the front was the most likely dynamic, and he saw nothing that would lead him to believe there was more than one attacker.
- Professor Vinci, a consultant appointed by Raffaele Sollecito’s defence, he testified with regards to the stains on the bed sheet -which appeared to be made in blood, outlining a knife. Professor Vinci also testified with regards to footprints found in the flat.
- Dr Patumi, a consultant appointed by the defence of Amanda Knox, testified with regards to the neck wounds suffered and also with regards to the genetic evidence as detailed by Dr. Stefanoni.
- Professor Anna Aprile, Professor Mario Cingolani and Professor Giancarlo Umani Ronchi, all independent consultants appointed by the judge (GIP) at the preliminary hearing. Professor Aprile testified specifically on the question of the sexual assault, Professors Cingolani and Umani Ronchi again considered the evidence with regards to the cause and time of death and the compatibility of the Double DNA Knife with the large wound on the left of Meredith’s neck.
- Dr. Torricelli, the consultant for Meredith Kercher’s family, testified and gave her opinion on the genetic evidence as detailed by Dr. Stefanoni.
- Dr. Sarah Gino, a consultant appointed by the defence of Amanda Knox, testified and gave her opinion on the genetic evidence as detailed by Dr. Stefanoni.
- Professor Tagliabracci, a consultant appointed by Raffaele Sollecito’s defence, testified and gave his opinion on the genetic evidence as detailed by Dr. Stefanoni. He also gave evidence with regards to the effects of certain drugs.
- Marco Trotta, Claudio Trifici and Gregori Mirco officers of the Postal Police, gave evidence with regards to the seized computer equipment and also with regards to internet activity at the home of Raffaele Sollecito.
- Mr. Fabio Formenti, the technical consultant appointed by Raffaele Sollecito’s defence - observed the Postal Police’s analysis of the computer equipment.
- Dr Michele Gigli and Dr. Antonio D’Ambrosio, consultants appointed by Raffaele Sollecito’s defence, testified with regards to the computer and internet evidence.
- Chief Inspector Letterio Latella gave evidence with regards to mobile phones and how they pick up signals from base stations which cover certain areas, he also testified with regards to the call records of the mobile phones of the defendants, victim and others. He detailed how a connection to the network was picked up by the base stations and how the location of the phone can be approximated through knowing which base station was used. He was able to tell the court which connections to Meredith’s two phones were made from her own flat and which from Mrs. Lana’s garden.
- Assistant Stefano Sisani provided evidence with regards to both landline telephone services and mobile phone services.
- Bruno Pellero an engineer appointed by Raffaele Sollecito’s defence to give evidence with regards to telephonic communications.
- Dr. Lorenzo Rinaldi, Principal Technical Director of the State Police, director of the three sections which compose the Identity Division of the ERT, gave evidence regarding shoe prints and footprints (including those highlighted by the use of luminol.
- Chief Inspector Pietro Boemia, who worked alongside Dr. Rinaldi.
- Chief Inspector Claudio Ippolito a consultant who reported on shoe prints - appointed by the public minister.
Archived in Officially involved, Police and CSI, The prosecutors, The defenses, The judiciary, Public evidence, The witnesses, Trials 2008 & 2009, The Massei Report
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Tuesday, September 14, 2010
Steve Moore Really, Really Believes Amanda Knox’s Alibi #5! Or Was That Alibi #7?
Posted by Peter Quennell
Please watch the video.
What Steve More is taking as gospel here is Amanda Knox’s highly self-serving claims made on the witness stand last June (not under oath so she was free to lie) which both she and her lawyers had previously often contradicted.
“Listen to what she’s saying. ‘I was very scared. I plugged my ears. I do not remember anything. I was upset, but I imagined.’ If you take all those prefaces to her sentences, what she’s saying is ‘none of this is really true to me,’” said Moore.
Moore says Knox was interrogated over 10 hours, using tactics just short of waterboarding and was bullied into telling police what they wanted to hear.
“Two new detectives would come in every hour. Three in the morning, four in the morning, five in the morning. And what they were trying to do is not get information. They were trying to break her,” said Moore.
Amanda Knox took the stand for two days in June to try to explain why she fingered Patrick Lumumba for Meredith’s murder. She was not under oath, so she could say what she wanted, and by prior agreement broad areas were kept off-limits to prosecution cross-examination.
Other than the rather puppylike Steve Moore, who amazingly seems to have never encountered a perp who lied on the stand, Amanda Knox appears to have failed to convince just about everyone. See our posts at the time by Fiori here and by Nicki here.
If Steve Moore really doesn’t want to read (or even acknowledge) the very precise, very damning Massei Report, perhaps he could at minimum read Amanda Knox’s various alibis and also Raffaele Sollecito’s various alibis both nicely summarized by the Machine.
They provide the context to the claims Amanda Knox made on the stand.
These and passages in the Massei Report (summaries and analyses of which we are about to start posting) make it obvious what led to what Steve Moore calls Amanda Knox’s “confession” in which she fingered Patrick Lumumba and actually claimed to be an accidental bystander (that is a confession?!).
At the first, relatively brief, session with and investigator on the night (she was then only a witness, and no lawyers or prosecutors needed to be present) Amanda Knox was ONLY helping to build a list of suspect. Then she was quietly told by police interrogators that Raffaele Sollecito in his own interrogation had just whipped the rug out from under her.
In his own interrogation Raffaele Sollecito had been confronted with evidence of mobile-phone traffic that showed that he had been lying. He then switched to his own alibi number two, which meant that for a period of time Amanda Knox had no alibi or explanation whatever. (Mignini has said he thinks she came very close to confessing.)
When she was then shown the numbers she had recently dialed on her own mobile phone, they included Patrick Lumumba’s number there. And in the blink of an eye, Amanda Knox made him the chief suspect, kept repeating this for hours, and didn’t retract this, except to her mom, for the entire time Patrick was kept in custody.
No wonder Knox needed to make things up in her testimony on the stand in June.
Neither of Knox’s lawyers have ever supported those claims of breaking down under fierce interrogation, or of rough treatment. She had lawyers present at her only real interrogation - one she herself had asked for - by Dr Mignini on 17 December 2007.
No official complaint of pressure was ever lodged. And at the trial a number of police witnesses confirmed that Knox was actually very well treated.
And for making claims about the interrogators very similar to Steve Moore’s, both Amanda Knox AND her two parents Curt Knox and Edda Mellas were charged, and these trials will be coming up soon.
Only Guede’s lawyer said Steve Moore could be charged with slander if he visits Italy, by the way, so he does not need to sound quite so freaked out - the Perugia police and prosecutors have not yet said they will arrest him, and who knows? They may even be tickled to meet him.
In this KVAL interview Steve Moore seems totally unaware that all the DNA analysis WAS DONE IN ROME! It was collected and analyzed by THE ITALIAN COUNTERPART OF THE FBI who are rated among Europe’s best.
Good grief. He doesn’t even seem to know who he is accusing.
In this video, he kinda reminds us of an actor in one of those comedy movies who just knows that the great scam is falling through. He says he had some good laughs with Amanda’s family.
No doubt at the expense of the victim, Meredith Kercher, whose name he pretty well always forgets.
Archived in Public evidence, Knox's alibis, Diversion efforts by, The Knox-Mellases, Michael Heavey
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