Series Massei prosecution

Friday, November 27, 2009

The Summations: Patrick Lumumba’s Lawyer Describes Defamation By Knox As Ruthless

Posted by Peter Quennell


Click here for Nick Pisa’s noon report from the courtroom. Some excerpts:

Today the lawyer acting for bar owner Patrick Lumumba, who Knox blamed for the murder, was harsh in his judgement of the American student.

Lawyer Carlo Pacelli described Knox as a ‘talented and calculated liar, who had deliberately gone out of her way to frame Patrick.’

Mr Pacelli recalled how Knox had told police she ‘covered her ears as Patrick murdered Meredith. This was all a lie, his destiny at that moment was marked.

‘It was a ruthless defamation that destroyed Patrick as a man, husband and father. By naming him she hoodwinked the officer in charge of the murder investigation.’

Mr Lumumba was held for two weeks in custody before being released without charge after witnesses came forward to say he was at his Le Chic bar the night Meredith was murdered.

Mr Pacelli added: ‘Who is the real Amanda Knox ? Is it the one we see before us her, simple water and soap, the angelic St Maria Goretti (a teenager made a saint by the Catholic Church after she was murdered by an attempted rapist)?

‘Or is she really a she devil, a diabolical person focused on sex, drugs and alcohol, living life to the extreme and borderline -is this the Amanda Knox of November 1st 2007 (night Meredith was murdered).’

As he spoke, Knox could be seen writing notes to herself on the pad before her.

‘Conclusions drawn before knowing anything,’ she wrote, before adding: ‘In prison you don’t become a better person you become worse unless you have a inner light that guides you.’


Tuesday, November 24, 2009

Italians Have For A Long Time Known How Depraved And Cruel The Final Struggle Was

Posted by The TJMK Main Posters




An Exceptionally Vicious Attack

As you can see in the prosecutors’ scenario posted below, we did not translate and post quite everything.

Meredith’s final 15-minute death-struggle is not there.

Back in January of this year the Micheli Report described in great detail Meredith’s autopsy, the wounds on her body, and the horrific state of her room.

Click here for more


Monday, November 23, 2009

The Prosecutions’ Closed-Court Reconstruction Of A Brutal And Prolonged Torture Attack

Posted by The TJMK Main Posters



Prosecution video not entered in evidence; this is from the fairly accurate Lifetime Movie

1. The Presentation In Closed Court

The time-line and reconstruction of the attack below were presented in court on Friday 21 November 2009 by the national crime-scene team.

From interviews Italian media reported an account of a premeditated and prolonged attack on Meredith. It included a very graphic computer simulation which upset many in the closed court.

This post relies on those media reports and documents later filed with the court. The simulation was deliberately not placed in evidence as there were fears that if uploaded to YouTube the expected highly negative public reaction could be too prejudicial to the accused.

2. Timeline For Night Of 1-2 Nov

The timing of all the events depicted were multiple-sourced except for the arrival of Rudy Guede, the timing of which is unknown but seems to have been late - maybe around 11:30 pm. Prior to that Knox and Sollecito are depicted as being on watch from the park above while a disabled car is removed. Meredith is inside from around 9:00 PM.

    15:48: Meredith texts to her English friends that she will be slightly late for her dinner meeting with them.

    16:00 - Meredith leaves the house in Via della Pergola to go to the home of her friends. A few minutes later Raffaele and Amanda leave the cottage in Via della Pergola to go Sollecito’s place.

    18:00 - Amanda Knox leaves Raffaele Sollecito’s house. This is indicated by cell phone records.

    18:27 - Raffaele Sollecito interacts with his laptop to watch the film “Amelie” alone at home.

    20:18 - Amanda Knox in Via Ulisse Rocchi receives a text message (sms) from Patrick Lumumba telling her not to come to work that night.

    20.30 - Amanda Knox goes back to Via Garibaldi to the apartment of Raffaele Sollecito.

    20:38 - Amanda sends a text message (sms) in reply to Patrick Lumumba.

    20:46 - Sollecito turns off his mobile phone. He is still at home in Via Garibaldi.

    20:45 – Meredith’s meal of pizza with her English friends ends. She starts off in the direction of Via della Pergola with a girlfriend who will leave her halfway to go to her own home.

    21:00 - Meredith is at home, she eats a mushroom, she lies down on her bed, and she reads some university lecture notes.

    21:10 - From this point on there is no more human interaction with Raffaele Sollecito’s computer.

    21:45 - Amanda and Raffaele leave his apartment and go to the Piazza Grimana. Less than 100 meters away from the house in Via della Pergola, the two talk and watch the house and decide what to do. They show a suspicious attitude which is reported in court by the witness Curatolo

    23:20 - Amanda opens the door of Via della Pergola.

    23.20 - Amanda, Raffaele and Rudy enter the house in Via della Pergola, where Meredith is already present in her room [On the court video there is no simulation of the meeting between Amanda and Rudy, because the reconstruction is based on testimony, the autopsy evidence and medical findings.]

    23:21 - Amanda and Raffaele go into Meredith’s bedroom, while Rudy goes into the bathroom.

    23:25 - A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard. Rudy Guede enters and joins in.

    23:30 - 23:45 [see Part 3 below] Depiction in the timeline and computer simulation of a prolonged struggle with Meredith at knifepoint, largely undressed, with her several times trying to regain her feet. She was not raped, though sexual humiliation occurred.

    23:50 - Amanda and Raffaele take Meredith’s mobile phones and they leave the apartment. Guede goes into the bathroom to get several towels to staunch the blood, then puts a cushion under Meredith’s head.

    00.10 - Meredith’s mobile phones are thrown into a garden in Via Sperandio.

    00.15 - From this moment, there are no certainties on the times for the rearrangement of the crime scene carried out by Amanda and Raffaele Sollecito. However according to the prosecution in the wee hours of the night Knox and Sollecito returned to the scene of their crime to try and clean up some footprints and to break the window glass of Filomena’s room. The aim was to simulate a robbery that ended in murder and they are charged with this too.


3. Reconstruction Of Attack

It must be emphasized that these EXCERPTS of SUMMARY notes by the crime scene team are only intended to accompany (1) extensive narrative descriptions by various members of the team,  (2) references to numerous items in evidence, (3) the simulation video, and (4) questions from the court.

It was made clear that the analysis indicates that Meredith put up a tremendous fight, over a period of approximately 15 minutes, with three strong attackers, before she finally succumbed holding one side of her neck to try to stop her lifeblood running out. She may not have died for as long as one hour.

Italian media reported that those in the closed court told them the Knox and Sollecito defenses raised no disputes or objections of any length except over having the video placed in evidence. Rudy Guede and his legal team had no standing in this court.   

RECONSTRUCTION OF ATTACK - FRIDAY 21 NOVEMBER 2009

Excerpts from pages 4 to 14 of the technical report on file with the court.

On the left door of the white wardrobe with sliding doors is found, at a height of approximately 50cm, a high concentration of blood traces.

It is reasonable to suppose that, at the moment of the assault, the victim was kneeling down, or in a similar position, in front of the same wardrobe.

The woman then dragged herself (or was dragged by the attacker or attackers) along the floor to the inside left shoulder of the same piece of furniture, and was later found dead in this same spot (this consideration is drawn from the presence of clear blood streaks).

This reconstruction is further confirmed from a technical scientific point of view, by the results of the technical report on B.P.A. (Blood Pattern Analysis) performed by the Principal Technical Director [D.T.P.] Physics, Dr. Francesco Camana, as a result of the site inspection on 18 December 2007…

On the left hand of the victim it is possible to observe numerous blood spots and, in particular, a larger patch on the tip of the index finger of the same hand.

The circumstances lead us to believe that the victim’s hand was near the wound when the blow was inflicted or was brought to that point a few moments later.

This consideration can lead us to think that the individual who was holding the victim still, immediately after this blow, struck in all likelihood by another person, relaxed his or her grip and the woman was able, at the same time, to put her left hand on the wound.

It is interesting to observe that there were no stains of a similar nature on the woman’s right hand.

It cannot be excluded, therefore, that the victim’s right arm remained in the grip of the attacker who, in so doing, probably held the body of the victim until the moment she fell onto the floor.

… The observation, in sequence, of the light blue sweatshirt, of the white T-shirt worn by the victim, of the type of stain in the breast area of the victim and of the bra, allow us to develop other important evaluations.

Firstly we must focus our attention on the characteristics of the stain on the aforementioned sweatshirt.

In fact, this appears to be soaked with blood on the right hand side, i.e., in correspondence of one of the lesions produced in the victim of the attack.

This aspect is a confirmation of the possibility that the garment was worn [by the victim] at the moment of the crime.

Further observations lead us to believe the garment was rolled towards the neck and that the zipper was open.

Further, it must be held that the aforementioned sweatshirt was removed in a second moment from the body of the victim who still wore it. …

The clear splashes of blood found on the central part of the breasts allow us to argue as follows.

At the moment the blow was struck the breasts were covered only by the bra and as the sweatshirt and the white T-shirt were rolled up towards the shoulders….

The victim’s bra was found near the feet of the dead body, both straps and the closing band appear to be neatly cut.

On the bra cups and on the breasts of the victim there are numerous traces of blood.

Therefore, the bra was certainly worn by the victim before the violent action by the attacker [started and] caused its removal, allowing blood spray to cover that part of the body. …

An analysis of the autopsy photographs shows the presence of bruises on both elbows and on the right forearm of the body, caused by the tight grip of one of more persons who in one or more stages of the event interacted violently with the arms of the victim.

Such lesions are, in fact, due to the rupture of subcutaneous capillaries following strong pressure on the point ….


Saturday, November 21, 2009

The Summations: Barbie Nadeau On Mr Mignini Setting Out The Attack Scenario

Posted by Peter Quennell


Click above for Rome-based Barbie Nadeau’s report from the courtroom. Her excellent description includes this sad passage on Meredith.

Then he described Kercher as a woman full of life and potential, “the young woman we too often forget.” Mignini quoted Kercher’s father John on a number of occasions, especially when explaining that she was a strong woman who practiced karate and who would have fought back against an attack.

The courtroom was silent as he recalled the words of Kercher’s father: “Meredith would have fought with all her life.”

The report also includes this on possible hard drugs.

He also hinted that Knox and Sollecito might have been in a drug-fueled frenzy when they allegedly killed Kercher. He outlined the effects of cocaine and acid, and told the judges and jury how Knox and Sollecito ran with a crowd that often used these “stupificante,” or stupefying drugs.


Drugs were not proven other than that both Knox and Sollecito claimed to have smoked marijuana on the day. The two drugs mainly hypothesized up to now if there was a drug other than unmodified marijuana (cannabis) seem to have been crystal meth and skunk cannabis.

Both of them are now proving a cause of psychotic episodes which can result in fatal attacks. Genetically-engineered skunk cannabis seems to increasingly be most of the cannabis on the market.

Posted on 11/21/09 at 02:00 PM by Peter QuennellClick here & then top left for all my posts;
Right-column links: The officially involvedThe prosecutorsTrials 2008 & 2009Massei prosecutionNews media & moviesGreat reporting
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The Summations: The Italian Press Is Now Reporting Life Sentences Are Requested

Posted by Peter Quennell


Click above for Romana Oggi’s report in Italian. A translation:

Prosecutors Manuela Comodi and Giuliano Mignini at the end of their indictment before the Court of Assizes of Perugia requested a life sentence for Amanda Knox and Raffaele Sollecito, the two former lovers accused of the murder of British student Meredith Kercher.

The prosecution also asked for a period in isolation for Amanda Knox during the day for 9 months, and a period in isolation for Raffaele Sollecito during the day for 2 months.

The two defendants remained impassive to the request.

“This was a murder accompanied by sexual violence which was done for petty reasons against a girl 22 years old who was soon due to return to London for the birthday of her mother’’ Prosecutor Mignini said at the end of the indictment.

After he concluded, Amanda Knox stood up to make a brief statement spontaneously. “Meredith was my friend, and I did not hate her. The idea that I wanted revenge on a person who was always kind to me is absurd.”

“I never had any acquaintance or relationship with Rudy Guede. The things that were said in the past two days are pure fantasy. It is not the truth and not the reality of the situation.”

Meredith’s mother was far from well at the time, which was why Meredith was carrying two mobile phones (the two removed while she lay dying, presumably so she could not call for help) to be quite sure they could reach one another.

Meredith had been planning the trip home to London for weeks and was excited about it. It would have been her first trip home to see her family since she arrived in Perugia.

In June Meredith’s father John Kercher described how he found out Meredith would never come home. 

Posted on 11/21/09 at 01:11 PM by Peter QuennellClick here & then top left for all my posts;
Right-column links: The officially involvedThe prosecutorsTrials 2008 & 2009Massei prosecutionAmanda KnoxRaff Sollecito
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The Summations: Manuela Comodi Continues The Prosecution’s Very Hard Line

Posted by Tiziano


Wow! This summation is quite remorseless.

Both prosecutors seem to have very deep feelings for Meredith, and much contempt for those who have tried so hard to deny her justice.

And they both seem very, very sure of their case - always remember that the judges and jury have seen a LOT of evidence in those 10,000-plus sealed pages and those many closed court sessions that we the public were not party to.

La Nazione reports now some more of Ms Comodi’s summing-up this morning. She was neatly tying the many elements together, and denying that anything at all is weak. . 

PM Comodi: “The DNA was not contaminated”

The Magistrate opened her summing-up declaring that the proof which has emerged from the investigations is “irrefutable and overwhelming”. Speaking this morning was PM Manuela Comodi who began her summing-up by declaring that the proof emerging from the investigations was “irrefutable and overwhelming”. 

The magistrate underlined that no right of the defence had been harmed,  “The only right offended – Comodi said - was that of the scientific police and the postal police to see their work recognised.”

The PM defined the possibility of contamination of the DNA removed from the scene of the murder as “nil. 

“In every biological analysis – she added – the risk of deterioration and contamination is inherent.  Patrizia Stefanoni, the biologist of the scientific police has however put in action all the due procedures to avoid these phenomena and nobody can affirm the contrary.  The consultants for the parties then took part in all the inspections and analyses.”

Posted on 11/21/09 at 08:50 AM by TizianoClick here & then top left for all my posts;
Right-column links: The officially involvedThe prosecutorsTrials 2008 & 2009Massei prosecution
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The Summations: First Report On Technical Summing-Up By Prosecutor Comodi

Posted by Tiziano



[Prosecutor Comodi this morning at left with defense lawyers Della Vedova and Maori]

Corriere is reporting the start of the summation by Manuela Commodi of the technical aspects of the case. A translation:

Meredith Trial, the PM speaks: “Irrefutable proof from the investigations”

It was Assistant Prosecutor Manuela Comodi to take the floor and she dealt with the scientific aspects of the investigation.

Manuela Comodi started her summing-up this morning by underlining that the rights of the defence had not been damaged….

“Irrefutable and overwhelming scientific proof” is what has emerged from the investigations. PM Manuela Comodi started her address in this way, stressing that no rights of the defence had been injured. 

“The only right which has been offended” Comodi said “was that of the scientific police and the postal police to see their work recognised.” 

Then the PM began to speak about the data relative to the telephone cells examined during the investigation. 

[Next] it will be the turn of PM Mignini to speak again to make the request for the sentencing.

Posted on 11/21/09 at 07:14 AM by TizianoClick here & then top left for all my posts;
Right-column links: The officially involvedThe prosecutorsTrials 2008 & 2009Massei prosecution
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The Summations: AP’s Marta Falconi Is Reporting Life-In-Prison Request Is Expected

Posted by Peter Quennell


Click above for Marta’s report as carried in today’s Guardian. Some excerpts:

Prosecutors on Saturday were expected to request life in prison for an American student and her former boyfriend accused of killing a young British woman in Italy….

In her closing remarks Saturday, prosecutor Manuela Comodi said evidence presented during the trial had shown that the defendants’ cell phones were switched off the night of the crime, making their whereabouts impossible to trace.

Comodi also recalled testimony by expert witnesses who said Sollecito’s computer had not been used during the hours Kercher was stabbed to death.

Prosecutors were expected to make the sentencing requests later Saturday. A verdict is expected in early December.

Posted on 11/21/09 at 06:53 AM by Peter QuennellClick here & then top left for all my posts;
Right-column links: The officially involvedThe prosecutorsTrials 2008 & 2009Massei prosecutionAmanda KnoxRaff Sollecito
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Friday, November 20, 2009

WHY Did She Have To Go Like That? Our Saddest Day In Two Years

Posted by The TJMK Main Posters




We praise the fire and anger that Giuliano Mignini showed in court on Meredith’s behalf.

This much maligned but really very caring and compassionate man really went to town today, for someone he clearly sees as a quite extraordinary girl.

Like all of us, her never met her. But like all of us, he loves what she stood for.

Posted on 11/20/09 at 06:57 PM by The TJMK Main PostersClick here & then top left for all my posts;
Right-column links: Concerning MeredithHer memoryTrials 2008 & 2009Massei prosecution
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The Summations: Perenially Fact-Challenged CNN Reports On Today Correctly

Posted by Peter Quennell


Click above for CNN’s report by Hada Messia.

CNN of course broadcast the notorious Larry King interview with lawyer John Q Kelly and the equally notorious legal screaming-match chaired by Jane Velez Mitchell. The YouTubes of both have been quietly disappeared. And all of its online reports on the case seem to contain bias and errors.

CNN gas been periodically updating this report of Hada Messia for some days, though it still contains wrong statements. The brief new component on today’s proceedings is in fact relatively accurate.

Accompanied by two smitten young men vying to impress her, a resentful Amanda Knox toyed with a knife and then plunged it into her roommate’s neck, killing her, an Italian prosecutor charged in closing arguments Friday.

The November 2, 2007, death of British student Meredith Kercher occurred during a twisted sex game in which Knox taunted Kercher, and the two men—boyfriend Rafael Sollecito and acquaintance Rudy Guede—sexually assaulted her, prosecutor Guilano Mignini said during his seven-hour closing.

The prosecutor said Knox hated and resented Kercher and had decided the time had come to exact revenge….  Mignini said Kercher died about 11:30 p.m. after she and Knox had quarreled—either over money or Guede’s presence at the house.

The prosecutor said the men pinned Kercher down by her arms while Knox played with the knife, prodding at her throat and saying, “Ah, you were pretending to be such a little saint. ... Now we are going to show you.”

Francesco Maresca, a lawyer for the Kercher family, said he was “very satisfied” with the prosecutor’s argument, adding that the crimes should bring a life sentence.


The Summations: More On How The Prosecution Launched Forth - And On Possible Motive

Posted by Tiziano



[Above: The two prosecutors today - click for larger image]

The TGCOM news service quoted this statement on the theory of the motive.

“Amanda Knox harbored hatred for Meredith… and so it was time for revenge rather than flirting….” According to the prosecutor Amanda wanted revenge on “that girl who was only with her English friends, and who reproached [Amanda] for her lack of cleanliness.” Thus was set under way “the calvary of Meredith.”

And this report from Umbria Journal adds details to the description posted below from Il Mattino

PM Giuliano Mignini spoke of a “unique event” of a trial which has “involved three continents”, opening his summing-up address in the trial of Raffaele Sollecito and Amanda Knox.

“A media trial in which the elements which emerged in court largely vanished,” the magistrate affirmed. “Detectives in search of notoriety, writers, bloggers, and mystery writers alternated with one another in a sort of parallel trial. But the trial is taking place only in this court room.”

Rudy Guede has been the “convitato di pietra” [literally, silent guest] in the trial of RF and AK according to Mignini. “In a way he has always been present,” the magistrate said referring to the Ivorian, already condemned to 30 years in prison by fast-track trial for complicity in the murder of Meredith Kercher with the two young people.

“Supporters of Sollecito and Knox” Mignini stressed “don’t stop at proclaiming their innocence, but they accuse him [Guede] too. They say that they were not at the crime house, but they also say the assassin is Guede. The accused wanted to create a parallel trial without his being able to defend himself.”

The PM then claimed that the breaking of a window in the bedroom of one of the Italian housemates of Knox and Meredith Kercher carried out according to the prosecution to mislead the investigations “is the special key to the event and the mystery. If it was simulated, as is evident, the authors are Knox, and Sollecito who always followed her. And the objective was to turn away suspicion.” The magistrate defined the break-in as “the nail on which the defences of the accused are hanging.”

“A nail” he averred “which has fallen down noisily and with it the the defences.” For Mignini the theft was simulated “from the inside, by someone who wanted to turn away suspicions and maybe direct them towards Rudy.”

Amanda Knox “knowingly accused an innocent man”... The reference is to Patrick Lumumba who, however, he did not expressly name, involved in the investigations of the murder of Meredith Kercher through the statements to the police of the young American and then absolved of any wrong-doing (he has actually nominated as a civil complainant against the American who is accused of defamation against him).

“Amanda” the [prosecutor] stressed “did not lift a finger while he was languishing in prison. Neither she nor her mother who was in her confidence. And what a coincidence” Mignini continued “it was a matter of a coloured person like Rudy”

 


Sunday, October 11, 2009

Our Take On The Case For The Prosecution: #5 Defendants’ Claims Shown To Be A Mass Of Contradictions

Posted by The Machine



[Above: Perugia’s central police station]

Preamble

This series is a summary of the prosecution’s case in about ten parts, with a commentary on matters of key significance.

The material has been reordered so that evidence presented at several points in the trial can be described in one post here. Sources used are the many published reports, some transcripts made of the testimony and the mobile phone records of Amanda Knox and Raffaele Sollecito.

The first four posts were on the DNA evidence, the luminol-enhanced footprint evidence, and Raffaele Sollecito’s and Amanda Knox’s various conflicting alibis.

Now we look at the many contradictory statements of Amanda Knox and Raffaele Sollecito brought out by the prosecution.

The prosecution showed that not only are they contradicted by one another. They are contradicted by telephone and computer records, by closed-circuit TV footage, and by the corroborated testimony of several witnesses.

One question that Judge Massei and Judge Cristiana and the six members of the jury will now be asking themselves is: if Amanda Knox and Raffaele Sollecito are innocent and had nothing to hide, why did they lie so repeatedly?

Knox’s and Sollecito’s lawyers have had the unenviable task of trying to explain all their contradictions away.

Sollecito’s lawyers have argued that he lied out of confusion and fear. Knox’s lawyers have argued that she dramatically changed her version of events because she was hit and mistreated by the police on 5 November 2007.  Neither of these claims stood up to close scrutiny.

And the prosecution made it overwhelmingly apparent to the judges and the jury that Knox and Sollecito each lied deliberately and repeatedly to various people even before they were suspects and even before Knox was questioned on 5 November.

It was made intensely obvious that Knox and Sollecito’s versions of what they did on 1 November had very little in common with each other, especially in that part of the evening when they both claim they couldn’t remember very much because they were suffering from cannabis-induced amnesia.

There is no convincing scientific evidence that shows that cannabis can cause such dramatic amnesia. Skunk cannabis can cause extreme psychotic episodes and murders have occurred as a result. Long term use of cannabis can affect short-term memory and users might have difficulty recalling a telephone number. But wipe out whole chunks of an evening from anyone’s memory banks? The proof simply isn’t there.

1-A) The afternoon of 1 November 2007 according to Raffaele Sollecito

Sollecito told investigators that Knox and he had left the cottage on Via della Pergola at 6.00pm and that they went for a walk downtown. They passed through Piazza Grimana, Piazza Morlacchi and the main fountain in Corso Vannucci.

1-B) The afternoon of 1 November 2007 according to Amanda Knox

Knox told investigators it was an hour earlier at 5.00pm and that they went straight to Sollecito’s apartment.

2-A) The evening of 1 November 2007 according to Raffaele Sollecito

Raffaele Sollecito first claimed in an interview with Kate Mansey from the Sunday Mirror that he and Amanda Knox were at a friend’s party on the night of the murder.

Sollecito said that he downloaded and watched the film Amelie during the night. However, computer expert Mr Trotta said that the film had actually been watched at around 6.30 pm.

On 5 November Sollecito told police that Knox went to meet friends at Le Chic at around 9pm and that she didn’t return until about 1am:

“At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”

Sollecito claimed that he had spoken to his father at 11pm. Phone records show that there was no telephone conversation at this time. Sollecito’s father had called him a couple of hours earlier at 8.40pm.

Sollecito claimed that he was alone and surfing the Internet from 11pm to 1am. No technical evidence of this was introduced. computer specialists have testified that his computer was not used for an eight-hour period on the night of Meredith’s murder

The Kercher’s lawyer, Franco Maresca, pointed out that credible witnesses had really shattered all of Sollecito’s alibi for the night of the murder.

2-B) The evening of 1 November according to Amanda Knox

Amanda Knox told the police that she hadn’t replied to Diya Lumumba’s text message. The police knew full well that this wasn’t true because they already had her mobile phone records that proved that she had texted him.

“After that [finding out she wasn’t required at Le Chic] I believe we relaxed in his room together, perhaps I checked my email.” But no internet activity at all was proven at Sollecito’s apartment beyond the early evening.

“One thing I do remember is that I took a shower with Raffaele and this might explain how we passed the time. In truth, I do not remember exactly what day it was, but I do remember that we had a shower and we washed ourselves for a long time. He cleaned my ears, he dried and combed my hair.”

But Sollecito made no mention of taking a shower with Amanda Knox on the night of the murder.

In Amanda Knox’s handwritten note to the police she claimed that she and Sollecito ate around 11.00pm:

“One of the things I am sure that definitely happened the night on which Meredith was murdered was that Raffaele and I ate fairly late, I think around 11 in the evening”

But Knox testified at the trial that she and Sollecito ate around 9.30pm.  “After we ate Raffaele washed the dishes but the pipes under his sink broke and water flooded the floor.”

3) The early hours of 2 November

Both Knox and Sollecito claim that they woke up late on 2 November. However, their mobile phone records show the mobiles were turned on at approximately 6.02am. Sollecito also used his computer at 5.32am. The Italian Supreme Court remarked that his night must have been “sleepless” to say the least.

4) The afternoon of 2 November

At 1208pm, Amanda Knox called Filomena and said she was worried about the front door being open and blood stains in the small bathroom. Knox claims that she made this call from Sollecito’s apartment.

However, in his prison diary, Raffaele describes the same conversation as taking place at the cottage.

Knox claimed that when she called Meredith’s Italian phone it “just kept ringing, no answer”.

Her mobile phone records show this call lasted just three seconds, and the call to the UK phone lasted just four seconds. (Meredith’s WeAnswer Call service, which prides itself on how quickly it answers its customers’ calls, boasts that their average speed-of-answer is 5.5 seconds. There were no messages left.)

At 12.34pm Amanda and Filomena again spoke on their phones. Filomena said, “We spoke to each other for the third time and she told me that the window in my room was broken and that my room was in a mess. At this point I asked her to call the police and she told me that she already had.”

The prosecution introduced records to show that Knox and Sollecito didn’t actually call the police until 12.51pm.

In her email to friends in Seattle on 4 November, Amanda Knox says she called Meredith’s phones after speaking to Filomena. Knox’s mobile phone records prove that this was untrue.

In the email, Amanda also claims that she called Filomena back three quarters of an hour later – after Raffaele finished calling the police at 12:55pm. But cellphone records show that Knox never ever called Filomena back at all.

Sollecito and Knox both claimed they had called the police before the postal police had turned up at the cottage and were waiting for them. Sollecito later admitted that this was not true, and that he had lied because he had believed Amanda Knox’s version of what had happened.

He said he went outside “to see if I could climb up to Meredith’s window” but could not. “I tried to force the door but couldn’t, and at that point I decided to call my sister for advice because she is a Carabinieri officer. She told me to dial 112 (the Italian emergency number) but at that moment the postal police arrived.

He added: “In my former statement I told you a load of rubbish because I believed Amanda’s version of what happened and did not think about the inconsistencies.” (The Times, 7 November, 2007).

The CCTV cameras in the car park record the arrival of the postal police at 12.25pm which corroborates Sollecito’s admission that he had spoken rubbish.

Knox’s email to friends in Seattle describes the decision to call the police as something implemented by herself and Sollecito, after she had tried to see through Meredith’s window, and after Raffaele had tried to break down Meredith’s door.

Knox’s mobile phone records show that she called her mother at 12:47pm, but she makes no mention of this call in her email. (This call was very extensively analysed by fellow poster Finn MacCool and he showed a fascinating progression in both Amanda’s and her mother’s recollection of that call.) 

Edda Mellas claims that she told Amanda to hang up and call the police – but Amanda made no mention of this advice from her mother in describing their decision to call the police.

Amanda Knox testified that she couldn’t even remember phoning her mother, which will be very difficult for the court to believe. Phoning her mother when it is well after midnight in Seattle to tell her mother that she thought somebody had broken into her home and that her housemate was missing seems an unlikely thing to forget.

Amanda Knox told the postal police that Meredith always kept her door locked. Filomena strongly disagreed with her, and told the postal police the opposite was true.

The prosecution also made it obvious to the court that Amanda Knox and Raffaele Sollecito, like Rudy Guede, changed their stories to fit new facts as they became known:

When Sollecito was confronted with the mobile phone records on 5 November, he immediately admitted that they hadn’t called 112 before the postal police arrived.

After initially denying it, Knox readily admitted that she was at the cottage when Meredith was killed when she found out that Sollecito had stopped providing her with an alibi.

Despite this changing of their stories to take into account the latest known facts, Knox’s and Sollecito’s versions still contained numerous contradictions. Sollecito’s final alibi contains several apparent lies, and Amanda Knox accused Diya Lumumba of killing Meredith while making no mention of Rudy Guede. 

In Conclusion

The reasons Amanda Knox’s and Raffaele Sollecito’s lawyers have given for them lying - namely false memories, confusion and fear – seem very unlikely to fly with the court.

Repeated evidence was introduced to show that Meredith’s other flatmates and friends all behaved radically differently, and told what were obvious truths that matched up repeatedly and resulted in not a single major contradiction. All were checked out in this careful fashion and then allowed to go on their way.

Only the defendants’ claims failed to coincide or match with everything else.

Again, and again, and again.


Thursday, October 08, 2009

Newsweek’s Barbie Nadeau Has A Really Vital Piece On How The Evidence Stacks Up

Posted by Peter Quennell


And,  in short, it is ominous.

Click above for the full report. This really IS vital reading. A few key excerpts as follows.

Evidence: Rudy Guede

Who it hurts: Knox and Sollecito

Rudy Guede is the 24-year-old Ivory Coast native convicted in a fast-track trial last October for his role in Kercher’s murder. He is serving a 30-year sentence (his appeal begins on Nov. 19). Guede, who refused to testify in the Knox trial, has admitted that he was in the house when Kercher was killed. He says Kercher invited him there and that the two were making out when a stomach cramp from a bad kebab sent him to the bathroom. He was on the toilet with his iPod headphones on through four songs and, when he came out, Kercher was dying. He says he tried to save Kercher by using a towel to sop up the blood on her neck wounds, but he was scared after a man he says looked like Sollecito told him that “they’ll pin this on the black guy.” Guede fled to Germany, where he was later arrested for skipping a train fare. His feces (found in a toilet), along with his DNA and fingerprints from Kercher’s bedroom, link him to the crime scene. The sentencing judge who convicted him, though, did not see him as a lone assailant. Instead, the judge wrote in his sentencing report that he believed Guede acted with Knox and Sollecito.

Evidence: Murder dynamic

Who it hurts: Knox and Sollecito

One of the most complicated aspects of Kercher’s tragic death is how the murder itself played out. The prosecution believes that Knox, Sollecito, and Guede taunted Kercher in a sex game that quickly escalated to violence and ended in murder. Countless forensic experts, including those who performed the autopsies on Kercher’s body, have testified that more than one person killed her based on the size and location of her injuries and the fact that she didn’t fight back—no hair or skin was found under her fingernails. The defense has confused matters more: Knox’s forensic specialist testified that Kercher had been killed by only one person from the front, but Sollecito’s expert testified that Kercher had been killed by one person from behind.

Evidence: Knox’s confession

Who it hurts: Knox

On Nov. 5, 2007, Sollecito was called to the Perugia police station for questioning about Kercher’s murder. Knox testified last June that she did not want to be alone, so she accompanied him. During his interrogation, Sollecito admitted to police that he did not know for sure if Knox actually spent the night of the murder at his house, as she had told police earlier. Since Knox was at the police station, the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m., and, by 5:45 a.m., Knox had told police that she was in the house when Kercher died—and that Patrick Lumumba, the owner of the nightclub where she worked, was the assailant. She even described Kercher’s screams. She, Sollecito, and Lumumba were arrested. The next day, Knox wrote a five-page memorandum reiterating everything she said the night before. But since there was no lawyer present during her interrogation—and so far no one has produced an audiotape of the interrogation—Knox’s attorneys were able to have her verbal confession thrown out of evidence. The five-page memorandum still holds….

Evidence: Conflicting alibis

Who it hurts: Unknown

Knox maintains that she spent the night of Nov. 1, 2007, at Sollecito’s house. Sollecito did not take the stand during this trial, and his lawyer told NEWSWEEK that it was, at least in part, because he could not corroborate Knox’s alibi….

So Sollecito did not take the stand in part because he could not corroborate Knox’s alibi. Wow. That has to hurt.

Very much more in Barbie Nadeau’s original piece.  We recommend that you read it all.


Tuesday, August 18, 2009

Our Take On The Case For The Prosecution #4: Amanda Knox’s Multiple Conflicting Alibis

Posted by The Machine




The Knox Alibis: How They Conflict

The first three posts on the power of the case were on the DNA evidence, the luminol-enhanced footprint evidence, and Raffaele Sollecito’s various conflicting alibis.

Now we look at the various conflicting alibis that Amanda Knox has given for the night in question. We dont yet have full transcripts and have to rely on what was reported in the UK press.

Click here for more


Wednesday, July 29, 2009

Our Take On The Case For The Prosecution: #3 Raffele Sollecito’s Multiple Conflicting Alibis

Posted by The Machine



[above: Sollecito with his lawyer Giulia Bongiorno; click for a larger image]

The Sollecito Alibis: How They Conflict

The first two posts on the power of the case were on the DNA evidence, and the luminol-enhanced footprint evidence.

In this and the next post we will elaborate upon the testimony relevant to the multiple alibis given by Amanda Knox and Raffaele Sollecito and the evolving circumstances in which they were given.

Following the discovery of Meredith’s body in her house, more than a dozen possible witnesses were quite expeditiously questioned: Meredith’s various English friends, her two Italian housemates, the four boys who lived downstairs, and Knox and Sollecito.

Meredith’s English friends, her two Italian housemates, and the boys downstairs fully cooperated with the police. They seemed to be telling the truth. They had one alibi each that could readily be verified. Those alibis never changed.

As a direct result they were all quickly eliminated from the investigation.

In stark contrast, Amanda Knox and Raffaele Sollecito appeared to be obfuscating. They appeared callous, impatient, arrogant, and reluctant to cooperate with the police.

These were attitudes first publicly noted as incriminating in mid 2008 by the judges at the Italian Supreme Court. Police and prosecution did not leak.

Knox and Sollecito each made three separate attempts to come up with credible alibis. All appeared desperate and semi-rehearsed. None of them made total sense or managed to get them off the hook. Neither helped the other at all. 

Today, we address Sollecito’s alibis.

The prosecution undermined them in various ways. Sollecito did not take the stand at trial to repeat any of them. His occasional interventions in the courtroom did not strengthen any of them. He made no attempt to corroborate the third alibi of Knox (that she was at his place all night) and immediately prior to arrest he said she had made him lie.

Everyone at and around trial knew of the wariness and extreme anger of the two (and their families) and how they knocked chips off one another whenever they could.

Innocent behavior? You decide. If each was not blaming the other for their plight this behavior would be unique in the history of crime.

 


Raffaele Sollecito’s first alibi

For his first alibi Raffaele Sollecito claimed, in an interview with Kate Mansey from the Sunday Mirror, that he and Amanda Knox were at a friend’s party on the night of the murder. It appears that this is the alibi that Sollecito also first told the police.

As there seems to have been no party, or in any case no party they attended, it would have been difficult for Sollecito to find any witnesses, and so this alibi was quickly superceded.

Raffaele Sollecito’s second alibi

For his second alibi Sollecito now claimed that he was at his apartment throughout the night with Amanda Knox.

This alibi was contradicted by the forensic evidence presented by the prosecution. According to the testimony of the scientific police from Rome, there were six separate pieces of forensic evidence that placed him in the cottage on Via Della Pergola on the night of the murder.

These included an abundant amount of his DNA on Meredith’s bra clasp, and a bloody footprint on the blue bathmat in Meredith’s bathroom which appears to match the precise characteristics of his foot.

Sollecito’s claim that he was at his apartment the whole evening on 1 November was also undermined by Amanda Knox, who claimed in one of her own witness statements that he was also at the cottage when Meredith was killed:

Yes we were in the house. That evening we wanted to have a bit of fun. We were drunk. We asked her to join us. Diya wanted her. Raffaele and I went into another room and then I heard screams.

This alibi was also undermined by an eyewitness, Antonio Curatolo, the watcher in the park above the house, who testified that he saw Sollecito there. And it was undermined by Sollecito himself when he moved to the third alibi below.

In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies.

Although Rudy Guede exercised his right to silence when he was called as a witness in the present trial, it should be noted that at his own trial last October and in the stated grounds for his appeal, he has claimed that Amanda Knox and Raffaele Sollecito were both at the cottage on the night in question, and that they were responsible for Meredith’s murder.

Raffaele Sollecito’s third alibi

Sollecito was asked to return to the police station on 5 November to answer some more questions. He was at that time confronted with telephone records that proved that he and Amanda Knox had lied previously.

So for his third alibi, which now cut Amanda Knox loose and implicated her, Sollecito claimed that he was at his apartment all evening, and that for part of the evening Knox was out, from 9 pm to 1 am.

In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies….

Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8.30 or 9pm.

At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”

He goes on to say that Amanda returned to his house at around 1am and the couple went to bed, although he couldn’t remember if they had sex.

This third alibi was undercut by Amanda Knox when she took the stand and testified. She stated that she was with Sollecito at his place all night.

It was also contradicted by the forensic evidence presented by the prosecution: the six separate pieces of forensic evidence that placed him in the cottage on Via Della Pergola on the night of the murder.

This third alibi was also undermined by the telephone records and by the data taken from his computer.

Sollecito claimed that he had spoken to his father at 11 pm. The phone records showed that to the contrary, there was no telephone conversation at this time, though Sollecito’s father had called him a couple of hours earlier, at 8.40 pm.

Sollecito claimed that he was surfing the internet from 11 pm to 1 am. Marco Trotta, a police computer expert, testified that the last human interaction on Sollecito’s computer that evening was at 9.10 pm and the next human activity on Sollecito’s computer was at 5.32 am.

Sollecito said that he downloaded and watched the film Amelie during the night. However, Mr Trotta said that the film had been watched at around 6.30 pm, and it was earlier testified that Meredith returned to the cottage she shared with Amanda Knox at about 9 pm.

Sollecito claimed that he had slept in until 10 am the next day. There was expert prosecution testimony that his mobile phone was actually turned on at 6.02 am. The Italian Supreme Court remarked that his night must have been “sleepless” to say the least.

This alibi was undermined by the eyewitness Antonio Curatolo, the watcher in the park above the house, who testified that he saw Sollecito there.

Sollecito’s difficult situation resulting

Sollecito does not seem to have done himself any favours by exercising his right to remain silent and not to testify at the trial.

As things now stand, he does not have any credible alibi or scenario for the night of the murder. Also it would appear that he has damaged his overall credibility irreparably, by giving three alibis that differed so considerably.

Judge Paolo Micheli had in front of him much of the same evidence. He wrote, in committing Raffaele Sollecito to trial last October, that he considered the triple alibis to be a clear indication of guilt.

There seems to be no obvious reason right now why the present judges and jury would conclude differently.


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