Heads-up. More will be posted thursday and thereafter on Sollecito & Gumbel defense meltdown over claims in Honor Bound in Florence court last thursday. Both Sollecito and Knox elements scathing at Gumbel. Sollecito elements see a predatory Gumbel as having hijacked the book and hurt both RS's and AK's best interests.
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Thursday, December 18, 2014
The Dangers Of Not Extraditing Convicted Felons Labeled An Explosive Threat To Other People
Posted by Peter Quennell
1. Lessons From Australia
It looks like several Australian judges may have wrecked their careers for allowing Man Haron Monis to be at large even though police said he should be denied bail.
Man Haron Monis was the former Iranian who took 17 hostages in downtown Sydney and caused the death of two others and himself. Coming to light is how many times previously the Australian justice system had treated him with kid gloves for major crimes.
Iran tried to extradite the gunman behind Sydney’s deadly hostage crisis years ago, Tehran’s top cop said, amid questions over how the self-styled cleric had found his way to Australia but not onto a watch list…
Monis grew up in Iran as Mohammad Hassan Manteghi. In 1996, he established a travel agency, but took his clients’ money and fled, Iran’s police chief, Gen. Ismail Ahmadi Moghaddam, told the country’s official IRNA news agency Tuesday.
Australia accepted him as a refugee around that time. The police chief said Iran tried to have Monis extradited from Australia in 2000, but that it didn’t happen because Iran and Australia don’t have an extradition agreement.
Australia’s Prime Minister Tony Abbott said he wanted to know how Monis had been granted permanent residency and why he had been receiving welfare benefits for years, despite being able-bodied “if not necessarily of sound mind.”
Monis had a gun licence, a rarity in Australia - and he walked free after being charged for writing letters of hate to families of dead Australian soldiers, and for having a hand in the killing of his wife.
2. The Relevance Of This To Knox
Regardless of extradition treaty situations, countries almost universally extradite convicted murderers. They dont want dangerous people to have another chance to cause deadly havoc in their own midst.
Knox is already a felon for life. If Knox is confirmed guilty of murder next March she will be a DANGEROUS felon for life.
The Italian-US extradition treaty gives a US judge no wiggle room other than to check if the paperwork is in order and then send her on her way.
But another bent judge could again throw a spanner in the works.
How dangerous is Knox? Our psychologists generally think that, untreated, she is not good news. Not a latent serial killer, or one who sits around and plots, but one who could again explosively hit back when she imagines or exaggerates slights.
More than anyone in Perugia, Meredith tried to get along with Knox. But Knox showed no sign of a learning curve. The very heavy drug use went on, the sleeping with a drug dealer went on, the dirtiness and laziness around the house went on, and the noisy sex episodes with strangers through paper-thin walls went on.
She really was the housemate from hell.
For a month or two after Meredith died, Knox was highly erratic about her role in that death, and showed an extreme eagerness to talk with the prosecution which resulted in the long session with Dr Mignini on 17 Dec.
In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.
In her book, Knox describes how the family and lawyers worked hard on Knox to destroy all elements of trust. By the summer of 2008 she was in a mood of full-blown paranoid mistrust, and all chances of a lesser charge were gone.
At trial in 2009 Knox was daffy and uncomprehending, making irrelevant interventions and really shooting herself in the foot when she took the stand. Raffaele Sollecito and Patrick Lumumba, almost the last two in Perugia to still give her the time of day, both said she was very odd.
Knox was mentally tested in Capanne Prison and apparently scored high on the psychopathic chart. The three courts hardest on Knox all knew this - the Matteini court, Cassation, and the Nencini court - which was a major reason why Cassation did not allow bail in April 2008.
Assuming she killed once, in what was an exceptionally barbaric attack, Knox may or may not kill again. She is certainly inciting or condoning a massive amount of dangerous hate toward Meredith’s family and toward the Italian officials of the court.
One unhinged attack has already occured - that of the disturbed Michele Moore against Dr Mignini in the Perugia court - and the British resident David Anderson has screamed at meetings and runs an incessant campaign to stir up hate. Court officials have received messages of hate, and there is a small mountain of false and dangerous accusations against them on the web.
Left untreated and unpunished, a convicted but not extradited Knox would be a killer walking loose on American streets and could continue to condone or incite violence for the rest of her life.
If Knox killed and remains loose, could she kill again or cause others to kill? Any extradition judge needs to ask as the Australian judges did not:
Do we REALLY want to find out?
Archived in Italian justice v others, Officially involved, Amanda Knox, Diversion efforts by, The Knox-Mellases, The many hoaxes, No-extradition hoax, Other legal cases, Others elsewhere, The wider contexts, American context
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Friday, December 05, 2014
Boiling Frustration Leads Many To Kill: The Possible Parallels Of The Lord Lucan Case
Posted by Odysseus
End of one’s tether: thoughts on humiliation, crises and the wounded ego.
Out-of-control anger and violence may be an offloading of the violence experienced in traumatic births and violent and abusive pregnancies. Whatever we may think of this, people’s anger has deep roots and a current conflict is usually a trigger for a reservoir of buried emotion to surface.
It’s a perpetual battle for the ego to stay in control in the face of unconscious emotions that threaten its precarious existence. When the emotions are threateningly close to the surface it can seem that one’s very identity is at stake, and social humiliation close at hand.
Above: Lord Lucan when he was young (and first diagnosed) and getting married
2. Case Of Lord Lucan
John Bingham, the 7th Earl of Lucan, is generally believed to have bludgeoned the family nanny to death in Belgravia, London, 1974, probably mistaking her for his wife in the dark.
Those with deeply suppressed emotions are more-or-less unwittingly engaged in a life-long battle to keep the feelings from arising into consciousness. Thus for example they can be driven to activities that require intense mental concentration e.g., in Lucan’s case, bobsleigh and powerboat racing, and high stakes gambling on games that require skill (as distinct from those of pure chance) which helps keep emotions suppressed, or to drug taking which can perform a similar function.
Lucan’s life in the period leading up to the murder was beginning to unravel and he undoubtedly feared humiliation - a sure sign that the false self is under siege. His financial problems were coming to a head (his gambling losses were said to exceed $10 million) and when a friend suggested filing for bankruptcy he demurred, saying he didn’t want the humiliation.
His wife had also just been awarded custody of the three children following their break up - also humiliating since it was now clear and made public that the court took the view his occupation (professional gambler) made him unsuitable to raise children.
In fact his desire to have custody of the children seems less motivated by his love and concern for them than by the need to keep up the display of the sober, responsible adult when all the evidence and his lifestyle was pointing in the opposite direction - towards social humiliation.
Lord Lucan with wife and three children and lower floors of his townhouse now
This kind of crisis is more than can be borne by the ego mind. Psychotherapy usually resolves such issues but unfortunately it’s the case that only those who have exhausted ways of denial seek such a route.
Gambler “Lucky Lucan” still thought he had a good hand to play. Murdering his wife would at a stroke (or blow) enable him to sell the family home thus resolving his financial problems and also enabling him to gain custody of the children, restoring his status as a responsible parent.
The parameters of a false self in Lucan’s case were already evident when he was diagnosed as having an attachment disorder on his return to England after wartime evacuation to the U.S in 1939, at four years of age, though its origins may well lie in a primal, birth or pre-natal experience. From his surviving wife’s website:
“Upon his return from the USA in 1945, the future 7th Earl suffered from emotional problems which caused his parents to seek professional help from a leading psychiatrist of the day — a Dr. Winnicott.
As a result of the consultations the eleven year old boy was given a dog called Deirdre [can we infer from this that his mother chose/named the dog?] in the hope that it might help him overcome these problems. The 7th Earl of Lucan’s emotional problems were never fully resolved and he continued to suffer frequent headaches, nightmares and insomnia throughout our life together…”
After the bludgeoning Lord Lucan disappeared, leaving a borrowed Ford Corsair with bloodstains and what appeared a duplicate weapon (a length of pipe with the same kind of tape around one end to hold it firm) at a port on England’s south coast, and has never for sure been seen again.
The murdered nanny Sandra Rivett and a car similar to that found on the south coast
Ripple effects in this case have gone on and on. Havoc was wrought on so many lives.
The wife and three small children struggled terribly with poverty and the psychological impact. They have all fallen apart and apparently don’t talk, all with theories of their own.
The nanny Sandra Rivett (image above) appears to have been the mother to two babies she gave away who grew up to be quite startled to find who they were.
Books and artilces continue to be written and a TV movie was made. And a reporter who pursued the notion that Lord Lucan’s rich and powerful gambling friends helped in his escape was hounded in court.
3. Case Of Amanda Knox
It seems likely that humiliation was a major factor in the events leading up to the murder of Meredith. TJMK has carried various posts summarising why so many suspect this.
It would have been undoubtedly humiliating for Knox to find that her housemate Meredith was more popular with, and attractive to, both men and women in their social circle, as well as being more mature, intelligent and just more present than her (i.e. less driven to desperately act out unconscious emotions).
Then to cap it all off, on Halloween Knox found herself left out of the group that partied till the early hours. Plus of course there was the looming humiliation of Meredith taking over her job at the Le Chic. Was her money also running out? If so the loss of a job, however small, would be threatening, and she might well have anticipated the humiliation of asking her parents for a loan or of returning home before the end of her course.
So it seems that the stage was set for the night of the “prank” when the plan (if that’s the right word. Jokey impulse, more likely) was for Meredith to find out just what it’s like to feel humiliated. And the prank got out of control, as pranks often can when drugs and/or alcohol are involved.
Again the origin of Knox’s suppressed emotion and false self construction might lie in her parent’s explosive separation or earlier in primal events. In either case she was probably destined to become a suitable (but unfortunately not an actual) case for treatment.
Knox’s narcissism has of course been much discussed. At bottom narcissism is an inability to just be, in the present. An inability to stay with one’s core self (Jung’s “The Self”). The narcissist’s attention is constantly directed to how they look to the world, from the outside, not on how the world appears to them from the inside looking out. They are really not fully born, literally and metaphorically.
Above Italian master Caravaggio’s version of Narcissus staring at his image in a pond
Knox was apparently given to loudly strumming a single chord on a guitar when she was in a group and insufficient attention was directed her way i.e. when suppressed negative emotions surrounding being wanted and needed were threatening to come into awareness.
With the group of friends gathered at the police station in Perugia it seems on the one hand she wanted to impress the others with her inside knowledge of the victim’s wounds but on the other hand she had to keep a lid on it in case it became obvious she knew too much.
This dilemma (a perennial one probably for those criminals who are unconsciously driven to seek attention) no doubt led to the weird acrobatics and gymnastics (the police had to tell her it wasn’t appropriate) as a way of acting out and relieving the tension.
Her relatives of course are quick to dismiss all this as “Amanda being Amanda” (i.e. “quirky”), to which the proper reply could be “so she always acts like this whenever she’s in a dilemma and trying to cover something up, does she?”
Below Knox thrilled with herself at her 2009 trial in the notorious “all you need is love” teeshirt
Archived in Crime hypotheses, The psychology, Pondering motive, Other legal cases, Others elsewhere
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Friday, November 14, 2014
In A New Italy Case Involving A Foreign Student The UK Media Is Not Reporting The Full Facts
Posted by Peter Quennell
Overview Of The Case
Rape is a devastating crime and if someone DID rape Serena Bowes in Florence he must be put away.
Apart from this the UK media seems to be reporting her claims cautiously and unemotionally. But if they had checked with the Italian police, or even checked out Italian media reports, they would have found that Serena Bowes is leaving out key facts.
The Claims By Serena Bowes
The Daily Telegraph reported what Serena Bowes claims.
The incident unfolded when Miss Bowes, who is in the second year of her fashion course, joined other students on a trip to Florence.
She explained how she and a group of friends had been in a local nightclub when she began chatting to a man.
She alleged that they had been heading to the VIP area when she was guided towards the unisex bathroom where the attack happened.
Miss Bowes alerted staff from Newcastle College who accompanied her to the police station and to the local hospital.
After returning to the UK she attempted to put the incident behind her as no one was charged in relation with the alleged offence.
When she received a letter in Italian from the Florence Police she assumed it was an update on the case, but when she got it translated, was stunned to discover that she herself was facing charges.
She said: “I thought it was done with and I could get on with my life. I didn’t think he was going to get prosecuted so I just wanted to get on with my life but this has brought everything back.
“It doesn’t feel what actually happened is the problem anymore – it feels like that has actually been forgotten about.”
The Daily Mail report additionally added this.
‘I will never go back to Florence because of what happened, never mind going to prison there. ‘If I receive a prison sentence somewhere between four and 12 years my life will be over.’
Real Facts In Italian Media
The Italian media seems much further down the road and more fully informed.
They have reported the details of the case the police have put before the supervising magistrate, and they have done some poking around of their own.
The police are said to have investigated the allegations very diligently, but so far it is only his story that is holding up and not at all hers. CCTV cameras throughout the club (even apparently in the restroom) show no sign of her fighting off an attack.
He is seen inside and exiting a restroom, but she does not appear to be in that room or at that same door with him. Many staff and customers in the club were interviewed, but none of them seem to have backed up her report.
Medical examinations apparently showed no physical evidence on either of them of an attack. And DNA swabs apparently showed none of his DNA on her or her DNA on him.
Serene Bowes’s reasons for not going to a mere hearing to explain the question marks above do seem pretty lame. She has placed a big cloud over the guy who she fingered who has been in suspect status ever since.
But now she shrugs off further help to the Italian police to nail him or clear him as being inconvenient or risky merely to her?
“I just wanted to get on with my life.” Where have we heard that before?
Update By Popper On The Rules
Popper in a comment now explains this, which even more suggests that Serene Bowes would be advised to head back to Florence, that the letter she received (still not released) said nothing about 4-12 years, and that foreign press are too gullible or worse.
On the case of Serena, we certainly need more details. Simulation [of a crime] and calumny [accusing someone you know innocent of having committed a crime] are serious matters.
If she is investigated magistrates have elements that obligated them to inform her of their suspects, it is an act for her protection. If video material exists I fear it must be explicitly against her version, but we do not know enough to be able to give an informed opinion.
Version presented by some UK papers is uninformed and biased, as we have seen often in MK’s case. Worst of all, it is exaggerated. An investigation is not a conviction, and if I were Serena [and a victim] I would certainly go there with a lawyer and explain the facts to exculpate myself and get the guilty convicted.
In any case, the risk she ends up in jail is quite low. It is fairly likely that, even if convicted for the above crimes [after a trial and 2 appeals], her sentence will be suspended, if statute of limitations does not kick in first. It follows that her justification for not going back to explain herself to a judge is ridiculous.
If she is lying and is guilty of simulation and calumny, it will be one of many cases, certainly not a surprise or uncommon. Unfortunately many crimes are simulated every day, which makes more difficult and expensive the prosecution of real crimes.
Archived in Italian justice v others, Reporting on the case, Dishonest reporting, Other legal cases, Others elsewhere
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Sunday, September 14, 2014
Now Raffaele Sollecito As Well As Amanda Knox Is Using A PayPal Link To Encourage Donations
Posted by The TJMK Main Posters
Sollecito And Knox Paypal Accounts
Please check out the images at bottom here. As of today Knox’s PayPal account still exists.
At the same time Sollecito has created a new one as GoFundMe dropped his solicitation page. PayPal and their own Italian lawyers are likely to regard these two accounts as hot potatoes when the following implications are shared with them.
Imperiled Bank Accounts
Each PayPal account will point behind the PayPal scenes to a bank account, which as this example among many others describes can be seized by American and Italian authorities.
The Government wants the seized properties to be handed over to the authorities, and claims it’s permitted under U.S. law. This includes the bank account that was used by Megaupload for PayPal payouts. The account, described as “DSB 0320,” had a balance of roughly $4.7 million (36 million Hong Kong Dollars) at the time of the seizure, but processed more than $160 million over the years.
“Records indicate that from August 2007 through January 2012 there were 1,403 deposits into the DBS 0320 account totaling HKD 1,260,508,432.01 from a PayPal account. These funds represent proceeds of crime and property involved in money laundering as more fully set out herein,” the complaint reads.
PayPal refused to channel payments to the hacker organization Wikileaks and 14 members of the hacker group Anonymous who attempted denials of service attacks (DOS) against PayPal were charged and pleaded guilty.
Strong evidence that law enforcement will work hard to help prevent the use of PayPal for activities it considers illegal.
How It Gets Worse For Them
Knox is already a convicted felon for life for calunnia with no further appeal possible. Under PayPal’s terms of service that by itself seems sufficient grounds to bounce her. From Paypal’s rules for Donate buttons:
Note: This button is intended for fundraising. If you are not raising money for a cause, please choose another option. Nonprofits must verify their status to withdraw donations they receive. Users that are not verified nonprofits must demonstrate how their donations will be used, once they raise more than $10,000.
Neither have publicly specified in even the least detail who will get what and why out of the funds raised by this Donate button intended for good causes (think charities).
How It Gets Worser For Them
The pitches on the Knox and Sollecito websites are essentially the same as in their two books which are both riddled with demonstrably false accusations, for which Sollecito has already been charged and for which Knox will also in due course be charged.
The charges against Sollecito are a mixture of calunnia and diffamazione, which are explained at the bottom here, and the charges against Knox are expected to be the same.
In effect then this is seemingly not only Knox and Sollecito attempting to profit from crimes, but attempting to profit from crimes based on highly fraudulent accounts of those crimes for one component of which (as pointed out above) Knox has already served three years in prison.
How It Gets Even Worser For Them
“Defense Fund” implies the money being raised is all going to their Italian lawyers. If the lawyers accept such payments as fees that could become a problem for them.
The same thing applies if any of the money raised goes to David Marriott, Ted Simon and Robert Barnett. It is now radioactive. They will presumably know this - know that they cannot profit from proceeds which are illegal under Son of Sam laws and obtained on fraudulent pretenses.
And In Fact Even Worser For Them
If Cassation dismisses the final appeal of Knox and Sollecito (for which the grounds seem very flimsy) they will each be liable for the millions in damages which Judge Massei imposed as modified by Judge Nencini.
Donations legally labeled bloodmoney cannot under any circumstances be used to pay damages. Knox and Sollecito would have to generate new funds to pay the damages awards by legal earnings or by voluntary or forced selling off of any assets.
The Bottom-Line Liabilities Here
The financial liabilities Knox and Sollecito are presently incurring for themselves include (1) payment of all fees for legal and PR help in the US and Italy; (2) the clawing back of all bloodmoney profits from their crimes; (3) the payments of millions in damages as assessed by Judges Massei and Nencini; and (4) further fines and damages that are expected to result from their two books.
Under the post below Popper posted this partial calculation for Knox; the forfeit of bloodmoney and possible future damage awards are additional.
Massei gave (and Nencini confirmed) provisional damage to father and mother of Meredith of Euro 1 million each, to brothers and sister Euro 800,000 each, to PL Euro 50,000 and to the owner of the flat Euro 10,000.
To this it must be added more for the legal costs in Appeal and Cassazione, so a total a bit short of Euro 5 million, about 6 million dollars.
VAT and CPA must be paid on all the above sums, so more than that, we probably go over USD 6 million
Together with the forfeit of bloodmoney and possible future damages imposed, this adds up to around the $10 million estimated in this post. Sollecito’s burden would be less, somewhat more than half of that.
Explanation Of Calunnia And Diffamazione
The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.
The equivalent of “criminal slander” is diffamazione, which is an attack on someone’s reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.
The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.
The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.
Click for larger image
Archived in Officially involved, Raff Sollecito, Diversion efforts by, The Sollecitos, Sollecito's book, The many hoaxes, Other legal cases, Associated trials, The wider contexts, American context
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Friday, September 12, 2014
Those Channeling Potentially Illegal Funding To RS And AK Should Definitely Take Note Of This
Posted by The TJMK Main Posters
These laws are operable at the federal level and in most states. The tendency is for the laws to be made more and more tough, and to spread the net of who could be charged more and more widely.
Book publishers and TV networks have armies of lawyers who usually step in smartly to stop them being party to illegal money flows. All American TV networks have codes of ethics which prevent fees being paid that reward a crime.
The bloodmoney net could be spread widely in the Perugia case if the Republic of Italy requests the invoking of these laws against Knox, Sollecito, their families, and the in-it-for-the-money opportunists such as Sforza, Fischer, and Moore.
Their PR help also appears to be at risk, along with the shadow writers, book agents and publishers of the two books.
Sollecito might have got a blessing in disguise then when GoFundMe the private-purposes fundraising site closing down his begging page (image above) after around $40,000 had been conned from the sheep.
GoFundMe did that as part of a move to keep the company and the site away from controversy and the long arm of the law. This move is fairly typical of a broad trend on the internet as courts increasingly sentence harrassers, abusers, swindlers and money-grubbers to tough terms.
Making money out of crime has never been a walk in the park, and anything gained rarely goes very far.
Trying to make money illegally is fundamentally why OJ Simpson (images below) is serving a term for armed robbery east of Reno in Nevada - and in that case he considered the property he was robbing at a Las Vegas casino hotel was actually his own.
In his case his wife and a friend were found slashed to death at her home a mile or two from his. Simpson nearly fled the country before trial, then he won an acquittal at criminal trial, and then he was convicted at a wrongful-death civil trial. Wikipedia explains.
On February 5, 1997, a civil jury in Santa Monica, California, unanimously found Simpson liable for the wrongful death of and battery against Goldman, and battery against Brown. Daniel Petrocelli represented plaintiff Fred Goldman, Ronald Goldman’s father. Simpson was ordered to pay $33,500,000 in damages. In February 1999, an auction of Simpson’s Heisman Trophy and other belongings netted almost $500,000. The money went to the Goldman family.
To avoid ever making any of the required payments to the Goldman family, Simpson squirreled assets and income away.
The items he wanted back at the point of a gun at the Palace Station hotel and casino would have been worth a lot. But instead this foolish financial crime could cost him up to 33 years.
Our take is that Sollecito may have squirreled away some of his gains, and Knox may have squirreled away much more. US law enforcement is capable of finding those payments if asked and if Knox’s family and paid help don’t press her to cough up.
Hopefully it will be made to sink into that Knox’s panhandling (she is still at it via her website via Paypal) was not such a good idea.
Archived in Officially involved, Rudy Guede, Amanda Knox, Diversion efforts by, The Knox-Mellases, Knox's book, The Sollecitos, Sollecito's book, The many hoaxes, Other legal cases, Associated trials
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Friday, August 08, 2014
Dear Knox Book Team: You Do Realize Costs To Knox & Team May End Up North Of $10 Million?
Posted by The TJMK Main Posters
Oops! Robert Barnett forgets to exult about his amazingness in selling the Amanda Knox book
The Costs Of A Runaway Hubris-Driven Bandwagon
Not solely for crimes of her own making, but the $10-million-plus bills that Knox & co (you included) may soon be stuck with is a no-brainer calculation.
- $5-plus million in costs and damages awarded against her by the Massei trial court and confirmed by the Nencini appeal court, incuding unpaid damages of nearly $100,000 to Patrick which Cassation already rendered final.
- $4 million for the book payment you arranged in defiance of Italian and American bloodmoney laws (called Son of Sam laws in the US), big bucks in financial donations from numerous other misleading fundraisings (see the Knox website), and yet more big bucks for civil damages (see one criminal defamation described in the post under this one.)
Exactly How Many Red Flags Do You Guys Need?
Ahem. This also is a no-brainer. It’s not like Knox’s public lying was a huge secret. Her Waiting To Be Heard surely breaks the Guiness Book record for ludicrous title for a book.
Back in 2008 Knox’s own Perugia lawyers had to ask her publicly, via the media, to please shut up and stop inventing things.
In fact, Amanda Knox can be extremely hard to shut up. After her conniption at Perugia’s central police station on 6 November 2007 she not only insisted on writing out three statements, she also babbled on for large parts of the next five hours. That was despite attempts to knock her out - okay, calm her down - with camomile tea and carbohydrates.
Then came her two calamitous days in mid 2009 on the witness stand (see more below) and her leaked diaries (which actually did nail one malicious lie not her own), and her bizarre video, and multiple reports of her other doings in Capanne, and multiple interviews ever since.
Knox’s own lawyers (who surely never read her book in draft - hello?!) also never backed up any of her claims at trial.
If you had read the transcripts you would have seen that they were very very careful not to do so - in fact even the defense lawyers were very very careful not to do so.
Even the partisan Judge Hellmann concluded Knox was lying and both he and Cassation confirmed Knox’s three-year prison sentence. To that there is no further appeal, and of course the time was served.
And the precise timing of the Knox book’s release represents another legal millstone.
It came out AFTER Sollecito’s book was sent to Florence prosecutors for investigations and AFTER British and Italian editions were cancelled by HarperCollins’s own lawyers and AFTER the Italian Supreme Court reverted Knox’s status to “guilty pending any final appeal” leading to HER appeal which failed last January.
Red flags were up all over the place. Even other American publishers were warning you.
Consider This Possible Legal Scenario
Absent Knox’s team getting good advice (the good advice here is for free) and withdrawing, settling, and apologizing, these cards in the hands of the Republic of Italy and those Knox impugned could set all of this scenario in motion.
- Knox and HarperCollins are targeted for zillions by the Republic of Italy and those Knox defamed. Then HarperCollins targets Mr Barnett and Ms Kulman. Mr Barnett and Ms Kulman then target Mr Knox and Mr Marriott and Mr Simon.
- And Italian and American prosecutors target the lot of them for bloodmoney (a Son of Sam felony at federal and state levels) and for enabling via a wildly false book the serial harrassment of Meredith Kercher’s family (also a serious felony).
There you go. The road to $10 million being clawed back by the authorities. Sadly, finding fault with Knox’s book is like shooting fish in a barrel. See our previous post. Here are ten further examples.
Instances Of Knox’s False Claims About Her Legal Process
1. False Claim: Knox On The Framing Of Her Kindly Employer
This is the lie that was universally disbelieved and for which Knox served three years for. See our still-emerging Interrogation Hox series. The objective Italy-based reporter Andrea Vogt is ahead of us on this one.
[Knox] writes that she had a flashback to the interrogation, when she felt coerced into a false accusation. “I was weak and terrified that the police would carry out their threats to put me in prison for 30 years, so I broke down and spoke the words they convinced me to say. I said: ‘Patrick - it was Patrick.’”
In her memoir, she describes in detail the morning that she put that accusation in writing, and says the prison guard told her to write it down fast.
Yet in a letter to her lawyers she gave no hint of being rushed or pressured. “I tried writing what I could remember for the police, because I’ve always been better at thinking when I was writing. They gave me time to do this. In this message I wrote about my doubts, my questions and what I knew to be true.”
2. False Claim: Dr Mignini Portrayed Knox As A She-Devil
During the rebuttals, on December 3, each lawyer was given a half hour to counter the closing arguments made over the past two weeks. Speaking for me, Maria criticized Mignini for portraying Meredith as a saint and me as a devil
Really? Prosecutor Mignini said that? So why did the entire media corps report that it was said by Patrick Lumumba’s lawyer Carlo Pacelli? As the BBC reported:
[Mr Pacelli] added: “Who is the real Amanda Knox? Is it the one we see before us here, simple water and soap, the angelic St Maria Goretti?”
“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 1 November 2007?”
So even Mr Pacelli didnt compare Knox to Meredith, or simply call Knox a she-devil to her face. He asked rhetorically if she was a she-devil or a saint. Not exactly unheard of in American courts.
And remember he was addressing someone who would have been quite happy to see Patrick put away for life, cost him two weeks in a cell, entangled her own mother in a cover-up, destroyed Patrick’s business and reputation world-wide, still hasnt paid him money owed, and for lying about him served three years.
Prosecutor Mignini in fact never called Knox anything at all. We can find no record that he did. Again and again he has denied it. And he had no personal need to prosecute Knox, and certainly no need to frame her, despite many pages Knox devotes to trying to prove the reckless claim that he did.
3. False Claim: Dr Mignini Ascribes Crimes To Satanic Cults
Actually Dr Mignini has been repeatedly seen on Italian national TV saying satanic cults are rare and he has never originated even one such claim.
Dozens of others had suspected and talked about a satanic cult behind the Monster of Florence murders for many years before he investigated one loose end in the case. He did correctly not ascribe those murders to the work of a single serial killer - the man Doug Preston and Mario Spezi seemed to be framing to create for themselves worldwide adulation, only to end up bitter and mean when caught red-handed.
A Sollecito defense lawyer (Maori) emerged from a closed meeting with Judge Matteini and among other heated remarks originated the malicious claim that Dr Mignini was seeing something satanic.
4. False Claim: Knox Portrays Her Success On The Witness Stand
No success to anyone present. Knox devotes many pages to trying to make herself look good on the witness stand at the trial in mid-2009.
It didnt convince the Massei court judges or Nencini court judges or the Supreme Court judges - or even the Hellmann court judges, those of the annulled appeal. Knox served three years.
5. False Claim: About Knox’s Medical Examination After Arrest
The objective Italy-based reporter Andrea Vogt reporting.
“After my arrest, I was taken downstairs to a room where, in front of a male doctor, female nurse, and a few female police officers, I was told to strip naked and spread my legs. I was embarrassed because of my nudity, my period - I felt frustrated and helpless.”
The doctor inspected, measured and photographed her private parts, she writes - “the most dehumanising, degrading experience I had ever been through”.
But in the 9 November letter to her lawyers, she described a far more routine experience.
“During this time I was checked out by medics. I had my picture taken as well as more copies of my fingerprints. They took my shoes and my phone. I wanted to go home but they told me to wait. And that eventually I was to be arrested. Then I was taken here, to the prison, in the last car of three that carried Patrick, then Raffaele, then me to prison.”
Instances Of Knox’s False Claims About Her Time In Prison
6. False Claim: Capanne Prison was A Hellhole Of Sin And Debauchery
That opening remark of a book review by the National Enquirer was widely parroted in other American media reports.
Over half of the Knox book is devoted to hammering home this theme. Maybe in a longshot hope that it will help to encourage the U.S. to refuse her extradition.
Italian prison conditions and treatment, Knox claims, were so bad that they made her life miserable. She says that at times she became very despondent, and even claims to have imagined doing away with herself.
However, Italian prison conditions except for occasional overcrowding are widely considered among the most humane, caring and rehabilitating in the world. Compared to US prison conditions, they are like night and day.
And this almost universal claim of every prisoner everywhere is contradicted by the media on which she and her family worked so hard; by prison staff and official visitors, and even by the US Federal Government itself.
(1) Contradicted by the extensive media reporting
Occasional despondency is not all uncommon among those paying their debt to society. And there is scads of reporting that Knox had adjusted well to prison.
Knox said that she felt “horrendous” the night that the verdict was delivered. “She said the prison guards did come in to hold her and make her feel better. She said the other prisoners were good to her,” Thomas said.
The reporter said the prison is “extremely clean.” Knox’s cell, which she shares with another American who has been sentenced on drug charges, is small. “It had a little bathroom with a door, a bidet, a sink, a shower…. better than some of the things I’ve seen at summer camp or boarding school.”
The women inmates are allowed to go to a hairdresser once a week.
The prison is a new facility, just opened in 2005. The women’s ward has an infirmary, an entertainment room with a pool table and ping-pong table, and a library. There is also a small chapel. Outside there is a little playground for children with benches and toys because there are cells specifically for women with children. Currently there are two women in Capanne with children.
It was very widely reported over four years that Knox was given the opportunity to do all these many things rarely encountered in American prisons: Learn the guitar. Read a lot. Watch TV. Study foreign languages.
Knox even played a major part in the creation of a rock video with a rock group. Unfortunately for her, that video appeared to many to come close to a taunting murder confession.
And on various occasions Knox was quoted as saying prison guards were kind to her.
(2) Contradicted by the US Embassy and State Department
American officials monitored Knox in court and prison and never saw anything that would back up Knox’s claim.
The objective Italy-based reporter Andrea Vogt reporting.
State department cables, released through the Freedom of Information Act, show that between 2007 and 2009, three different high-level diplomats from Rome (Ambassador Ronald Spogli, Deputy Chief Elizabeth Dibble and Ambassador David Thorne) were among those reviewing Knox’s case.
Embassy officials visited regularly. Records show one consular official visited Knox on 12 November, soon after her arrest. A few weeks later she wrote in her diary how the visits of embassy officials improved her experience….
In 2008 and 2009, she was visited by two embassy officials at a time, six times. Ambassador David Thorne, whose name appears at the bottom of cables in August, November and December of 2009, is the brother- in-law of US Secretary of State John Kerry (at that time chairman of the Senate Foreign Relations Committee).
If the diplomats knew anything of the “harrowing prison hell” Knox was going through (as one paper put it), they are keeping those reports under wraps. Neither Kerry nor any other prominent US politician has made any public complaints. Even today, her Italian lawyers maintain she was not mistreated.
This matters incredibly to Knox because it constitutes the official take of the US Federal Government. It will be front and center of State Department and Justice Department considerations when an arrest warrant for Knox is issued and extradition is requested.
(3) Contradicted by Member of Parliament Rocco Girlanda
Mr Girlanda visited Amanda Knox in prison approximately 20 times for the specific purpose (or so he claimed) of checking her prison conditions. In fact that was the only way he could legally visit her, although oddly enough a book and a number of other pro-Knox actions emerged - even a complaint to the President about the Perugia prosecutors.
After Knox was released late in 2011 Mr Girlanda specifically praised the prison staff in this statement.
Perugia Prison Police The Example of Professionalism.
The PdL Party member of parliament Rocco Girlanda praises the officers of the Perugia prison.
“I’ve had the opportunity to describe to the Minister of Justice, Nitto Palma, the great professional behaviour shown by the Perugia Penitentiary Police with regards to the court case that saw Amanda Knox as protagonist, a behaviour that I had always observed during the course of my visits to the Capanne prison in the last two years.” So says Rocco Girlanda, Umbrian deputy of the PdL, after the conclusion of the appeal trial of Amanda Knox and Raffaele Sollecito.
“In recent months I have had the opportunity to make dozens of visits to the prison, which also included some of the petitions presented by the senior management of the premises and my commitment in this regard, always finding, that starting from the director Bernardina Di Mario, continuing with the Penitentiary Police commander Fulvio Brillo, up to the entire personnel employed, the helpfulness, the courtesy and their professionalism which allows me to say that Perugia is a model structure on the national landscape, managed and directed in the best way and with a large dose of humanity on the part of the staff employed.”
(4) Contradicted by Knox’s own Italian lawyers
Knox’s lawyers Mr Dalla Vedova and Mr Ghirga visited her again and again during the 2009 trial and 2010 hiatus and 2011 appeal. Knox once again had dozens of opportunities to lodge complaints with them - lawyers who could have initiated Supreme Court action in response.
When Knox was released late in 2011 Mr Dalla Vedova and Mr Ghirga were interviewed by the TV station Umbria 24:
The lawyers: “she never complained about the prison”.
Amanda Knox “has never complained about the conduct/behavior of the prison police supervisor” and “she has never mentioned his name”: to say so are the defenders of the American woman, lawyers Carlo Dalla Vedova and Luciano Ghirga, commenting on what was reported by the tabloid The Sun. “
Ghirga said: “In the diary Amanda never makes the name.”
Della vedova said: “We are grateful to the management staff of Capanne prison for their cooperation even given to the family’s requirements. Amanda has never reported violations against her.”
“She absolutely has received the correct treatment and the outmost solidarity, within compliance, especially in the prison’s female section.”
(5) Contradicted by prison guards and other inmates
In some interviews, the reporter Sharon Feinstein captures a view of a difficult, narcissistic, uncaring Amanda Knox which is very commonplace around Perugia. The real faults lie with Knox, in effect.
7. False Claim: About Knox’s Persona And Mood Swings In Prison
The objective Italy-based reporter Andrea Vogt reporting.
She says she was often suicidal, but recollections of prison staff and other inmates differ. Flores Innocenzia de Jesus, a woman incarcerated with Amanda in 2010 described Knox as sunny and popular among the children who were in Capanne with their mothers, and recalled her avid participation in music and theatrical events. She also held a sought-after job taking orders and delivering goods to inmates from the prison dispensary.
“Most of the time when we spoke during our exercise break, the kids would call her and she would go and play with them,” de Jesus told me.
American officials monitored Knox in court and prison and never saw anything that would back up Knox’s claim.
8. False Claim: Negative Attitudes Displayed By The Prison Staff
Agian, the objective Italy-based reporter Andrea Vogt reporting.
“The prison staff are really nice,” wrote Knox in her personal prison diary, which was eventually published in Italy under the title Amanda and the Others.
“They check in to make sure I’m okay very often and are very gentle with me. I don’t like the police as much, though they were nice to me in the end, but only because I had named someone for them, when I was very scared and confused.”
She described Italian prisons as “pretty swell”, with a library, a television in her room, a bathroom and a reading lamp. No-one had beaten her up, she wrote, and one guard gave her a pep talk when she was crying in her cell.
Unlike the heavily-edited memoir, these are phrases she handwrote herself, complete with strike-outs, flowery doodles, peace signs and Beatles lyrics.
9. False Claim: The Positive HIV Result At Capanne Was Malicious
The objective Italy-based reporter Andrea Vogt reporting.
Both accounts also refer to the devastating but erroneous news from the prison doctor that she had tested positive for HIV, although her diary presents a more relaxed person at this point. “First of all, the guy told me not to worry, it could be a mistake, they’re going to take a second test next week.”
We also know that it was Knox’s own team who leaked the HIV report and list of sex partners she herslf chose to create. Not the doctor or anyone else. No malice was intended, that is clear, despite her claims.
10. False Claim? Knox Was Pressured For Sex By A Prison Guard
One of Knox’s prison claims actually names a now-retired senior prison guard who Knox claimed often asked her for sex. There are no witnesses, but he is now suing Knox for libel and Knox herself seems to have wrecked any defense..
Knox made the claim but in a far weaker form in 2011. Then as CBS reported she had in fact concluded the guard was not even serious about sex. He was seeking to understand her.
Investigative journalist and CBS News Consultant Bob Graham, reading from Amanda’s letter to him: “‘He was fixated on the topic of sex, with whom I’d done it, how I liked it, if I would like to do it with him. When I realized that he really wanted to talk to me about sex I would try to change the subject.’”
Correspondent Peter Van Sant: “What does this letter say to you about what she’s been going through?”
Graham: “It says in a time when she was clearly traumatized by the events of the death, the murder of her flatmate, that there she was, an innocent abroad, because she was innocent, she is innocent… and here she was being pressured, further pressured in a prison system, a system that at least she should have had some degree of safety.”
Graham, reading Amanda’s letter: “I realize that he was testing me to see if I reacted badly, to understand me personally. He wanted to get a reaction or some information from me. I did not get the seriousness of the situation.’”
Knox’s claim about pressure for sex seems to have left Italians contemptuous. Yet more lies from knox, the Italian Il Giornale labeled it.
Have a good weekend, guys. Hit the law books.
Archived in Diversion efforts by, The Knox-Mellases, Knox's book, Other legal cases, Associated trials
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Tuesday, July 29, 2014
US And UK Media Wrongly Attribute Italian Report Of Knox/Cocaine-Dealer Link To Trial Prosecutors
Posted by Peter Quennell
1. How Drug Use Was Addressed At Trial
The story of Knox’s drug use clearly has legs. But whoever is driving it, the trial prosecution is not - they are simply sitting back and watching.
Police and prosecutors have never driven the perception that Knox and Sollecito were stoned on the night when they attacked Meredith. They have never had a reason to.
It was in fact the defenses who drove the drug-use argument. Knox admitted to police on 5-6 November 2007 to marijuana use, and so did Sollecito. He already had a minor record of cocaine possession. Both tried to use the argument at trial that they were indeed stoned. But that was only to explain major discrepancies in their statements, not to say that drugs helped to fuel the attack on Meredith.
The defenses had an opportunity with Judge Matteini, the guiding magistrate from late 2007 though to Judge Micheli’s arraignment in October 2008, to try to seek lesser charges due to impaired capacities. But either they did not want to, or they were prevented by the families from doing so.
At trial in 2009 the prosecution remarked that the two were suspected to have been using cocaine (the symptoms seem to us pretty obvious) but the defence simply shrugged at this and did not contend it.
Judge Massei never mentions amphetamines. Two defense experts were brought in to try to convince the Massei court that the admitted drug use had fogged their clients’ brains. Judge Massei simply recorded this doubtful claim in his sentencing report. He gave the perps no breaks based on this reasoning.
]page 393] On the effects of drugs of the type used by Amanda and by Raffaele, such as hashish and marijuana, [we] heard the testimony of Professor Taglialatela who, while underlining the great subjective variability (page 211, hearing of 17 July 2009) specified that the use of such substances has a negative influence on the cognitive capacity and causes alterations of perception (pages 201 and 207) and of the capacity to comprehend a situation (page 218).
In his turn, Professor Cingolani, who together with Professor Umani Ronchi and Professor Aprile, had also dealt with the toxicological aspect (see witness report lodged on 15 April 2008, pages 26 and following), responding to the question he had been asked as to whether the use of drugs lowers inhibitions replied: ‚That is beyond doubt‛ (page 163 hearing of 19 September 2009), while correlating that effect to the habits of the person [on] taking the drugs. Raffaele Sollecito’s friends had furthermore stated that such substances had an effect of relaxation and stupor.
2. New Reporting On Knox/Drug-Dealer Connection
Below is the new Giallo report on a connection between Knox and drug-dealers kindly translated by our main poster Jools. Note that the main drug dealer Frederico Martini (who is “F” below) and others were convicted back in 2011 and the connection to Knox was reported then in the Italian press, though not in the UK and US press.
The main new fact here is that Giallo has the dealers’ names. Giallo makes clear it obtained the names legitimately from open police records, not from the prosecutors back at trial. Dr Mignini merely takes note of the names which Giallo itself provided and he doubted that Knox would now become truth-prone.
The American woman already convicted to 28 years for the murder of her friend Meredith.
A NEW LEAD, LINKED TO DRUGS, PUTS AMANDA KNOX IN TROUBLE
The woman was hanging around a circle of hashish and cocaine traffickers. One of them had intimate relation with her. Another, a dangerous criminal offender, had attempted to kill his brother with a knife. Are they implicated?
“During the course of the investigation into the murder of Meredith Kercher we have confirmed that a person whose initial is F. would occasionally supply drugs to Amanda Knox, as well as having a relationship with her supposedly of a sexual nature.” So begins an [official note] annotation of the Flying Squad police in Perugia dated January 19, 2008, two and half months after the terrible murder of the young British student Meredith Kercher. An annotation that could open a new, worst-case scenario on the Perugia murder and on one of its most talked-about protagonists, Amanda Knox, besides making it possible to convince the USA to send her back to Italy for a new trial.
But why is this annotation so important? And who is this mysterious F. that is now entering the scene? Let’s see. When Amanda came to our country to study, in September 2007, did not yet know Raffaele Sollecito, the guy from Giovinazzo who will be accused together with her and Rudy Guede, a thief and drug dealer, of the murder of Meredith. But she soon started to hang around characters implicated in a drug ring for university students in Perugia. A particularly disturbing entourage of whose members included dangerous multi-convicted felons. The first one is precisely F. We will not disclose his full name or F’s last name, for reasons of discretion, but GIALLO knows them.
In 2007, F. is a student of psychology from Rome, much older than Amanda. The two meet on a Milano-Florence train and decide to visit the city together in the evening, Knox having gotten rid of [her sister] she and F. smoke a joint together. “My first smoke in Italy,” says the same Amanda on MySpace, a social network site that was popular seven years ago. The two end the Florentine evening in his hotel room. Photo evidence of this new friendship was formerly on Myspace, because Amanda publishes a photo of F., half naked. An aunt commented: “Do not date strange Italian guys.”
Once she settled in Perugia, Amanda continues to have contact with F. His number is in Amanda’s phone book, and they both frequently called each other, before and after the murder.
F., also appears in a “list” of Italian guys she slept with which was compiled by Amanda on one of her big school notebooks and also in her autobiographical book Waiting to be heard. In the book Amanda talks about F. but changes his name and calls him Cristiano. Maybe to protect their privacy, maybe to obfuscate opinions. She writes of him: “I promised my friends that I would not end up sleeping with the first guy that comes by, but F. was a change of plans.” Further adding that in Italy smoking joints is simply normal, “like eating a plate of pasta.”
On the other hand Amanda spends a lot of money in the several months she’s in Perugia. In September, she draws out $ 2,452 from her bank account, that’s 1,691 euros. How did she spend it? No one has ever investigated this, and she does not explain it. She says she used the cash for living [expenses], but considering that the rent she had to pay was only 300 euros, and that twice a week she worked as a waitress in the bar of Patrick Lumumba, Le Chic, putting more cash in her pocket, the [living] expenses seem really excessive.
What does Amanda do with all that money? For sure she does not buy only hashish, which is not so expensive. Was she, then, using cocaine? The [police] annotation makes you think of it. And this could explain both the state of alteration of the girl on the night of the murder as well as a possible motive. Amanda that evening returned home to get some money to pay for the drugs, and she encountered Meredith? The girls had a fight, as Rudy Guede says in his reconstruction of that night, why, did Amanda steal Meredith’s money? Was Amanda on her own, or maybe she made sure she was accompanied by Rudy or other drug dealing friends?
No one has ever investigated this, or Amanda’s dangerous acquaintances. So dangerous that the same F., in 2011, was arrested. To be precise that started from the analysis of Amanda’s mobile phone, police investigators found that in fact F. and two of his close friends, Luciano and Lorenzo, were part of a major drug ring: all three ended up on trial for selling cocaine.
On January 14, 2011 they were all sentenced. The court judges established that Luciano was the one that supplied the other two: He was to serve two years and eight months in prison.
But let’s read the rest of the police annotation because what this reveals is really disturbing: “F. is contacted by phone by the presumable clients placing an “order” with him of the quantity of drugs they want to buy and in turn he contacts various Maghrebi characters ordering. It is also established that F. associates with multiple-convicted offenders of very serious crimes in the matter of drugs, and with persons such as A. Luciano, with whom he maintains frequent contacts aimed at drug trafficking.”
And precisely in this way Luciano, linked to F., a friend of Amanda, has a terrible past. The cops wrote this about him: “The above-cited Luciano on the 28/7/2006 was arrested by the carabinieri in Foligno because he was responsible for the murder attempt of his brother, who gave him 16 stab wounds inflicted with a kitchen knife.”
Luciano, therefore, who sells drugs in Perugia and provides supply to F., with whom he is often in touch, is an unsuccessful killer. Only a year before the murder in Perugia, under the influence of drugs, he tried to kill his brother during an argument over money and drug dealing. Luciano, out of his head that evening, grabbed the knife with which he was slicing a melon in the kitchen and stabbed his brother’s body 16 times.
A scene not so different from what the judges think happened in Meredith’s house, and even from what was described by the same Amanda on the 5 November 2007 when, at the end of a night of contradictions and anguish, confessed giving culpability of the murder to Patrick Lumumba, the owner of the bar Le Chic, who later proved to be unconnected with the facts of the case. Amanda said: “Patrick and Meredith went to Meredith’s room, while I think that I stayed in the kitchen. I heard screams and was scared, I covered my ears.”
Where were, F. and Luciano the night of the murder? And who was there that night, instead of Patrick? Questions still unanswered. What seems likely, however, is that Amanda was not with Raffaele, who was at his home on his computer. The judiciary may now decide to open a new file on her. Will the USA grant extradition?
Here is the translation of Dr Mignini’s interview with Giallo translated by Kristeva.
Luciano [Giuliano] Mignini, the judge leading the investigation, talks “Amanda knows how to lie very well: she seems sincere and credible ...”
[GM] The magistrate has directed all investigations: it is she [Judge Matteini] who had Amanda, Raffaele, Patrick Lumumba and Rudy Guede arrested.
[GM] “In the Supreme Court of Cassation new revelations don’t count” Giuliano Mignini, deputy prosecutor of the Attorney General Office of Perugia and public prosecutor of the first trial for the murder of Meredith [Kercher], goes straight to the point.
Mr. Mignini, pending the Supreme Court, Raffaele Sollecito seems to have distanced himself from Amanda Knox. He claims he is not certain that the American girl has spent the whole night with Sollecito ...
[GM] “All this is irrelevant. In Court of Cassation only questions of laws can be raised. They do not take into account the new elements of reconstruction of the facts. Trials are based on the acts of the proceeding. Sustaining now a different reconstruction of what happened is a question of merit that does not in any way interest cassation.”
Amanda has repeatedly argued that her version of the facts had been affected by heavy pressures from the prosecutor’s office.
[GM] “Nothing could be more false. The process of investigation and trial proceeding of Kercher’s murder has had from the beginning an unprecedented media pressure, which has confused some ideas in public opinion. The trial should take place with the guarantee of an adversarial process, with equality of prosecution and defense. When one steps out of these parameters one ends up with a trial through the media. In this scenario, the foreign press, especially the American one, not taking into account our legal system, has given its input. They created a discourse that sounds a bit like this:she is one our fellow citizens and therefore she must be innocent. “
And if today even Amanda was to change her version?
[GM] “I would be astonished. She had plenty of occasions to tell her truth”
What was your impression of Amanda?
[GM] Amanda is very intelligent. She cleverly tried to divert suspects from her, as in the case of the staged burglary, a huge lie. Amanda is shrewd like when she accused Patrick Lumumba. On that occasion she appeared credible, she was crying. She looked as if terrified. I believe she’s a very theatrical girl and in a certain way even anti conformist: while everyone was crying and were worried, she was doing cartwheels.
What was her relationship with Meredith?
[GM] “Amanda did not like to be contradicted and had a conflictual relationship with Meredith. There were constant arguments regarding Amanda’s behaviour that Meredith could not tolerate. She believed that Amanda stole her money.”
And what type was Sollecito?
[GM] Raffaele is an enigmatic character. He is a shy young man who was subjected to Amanda’s strong personality. He was very attracted to Knox who in the meantime did not disdain the company of other acquaintances.
About acquaintances, Amanda knew some drug dealers. Could they have had a role in the murder?
[GM] “I cannot answer this” But then writes down their names.
[By] Gian Pietro Fiore
3. Our Comments On The Giallo Report
As observed above, for Italians most of this is actually not new news. The new news is that Giallo now has all the dealers’ names, from the open records of the police.
Giallo’s mention of a possible new trial is presumably connected to this drug-dealing, as the trial for Meredith’s murder and Knox’s and Sollecito’s failed appeal have both concluded, and only Cassation’s endorsement of the verdict is awaited.
Giallo’s references to Guede as a drug dealer and thief are both unproven. He had no criminal record prior to final conviction by Cassation. He was never a police source, and got zero breaks, ever. He was unknown to Dr Mignini until some days after Meredith was attacked and forensics identified him.
4. UK and US Media Get Key Fact Wrong
The UK’s Daily Mail has wrongly claimed that Italy’s Giallo magazine had reported as follows: “Italian prosecutor from Amanda Knox trial gave newspaper list of drug-dealer names associated with American student”.
So for now UK and US media get that key fact wrong. This surely wont be the end of it though. The story finally has legs of its own, and clearly the media in all three countries have a willingness to pursue it more.
In the interview also posted on Giallo Dr Mignini doubted that even now Knox will tell the truth - in fact it is hard to see what she can say. We will wait and see.
5. Ground Report Also Gets It Wrong
This shrill report from “Grace Moore” about Guede and Dr Mignini in Ground Report is both seriously wrong on the facts and defamatory - she should try saying that sort of thing about any American prosecutor. “Grace Moore” should find out what the roles of Judge Matteini and Prosecutor Comodi were, and why after a malicious prosecution against him Prosecutor Mignini is riding high on Italian TV - and pouring cold water on satanic claims about any crimes.
Paul and Rachel Sterne, the father and daughter owners of Ground Report which carries well over 100 similarly inflammatory posts, could in theory be charged by both Italian and American prosecutors, as they are an eager party to bloodmoney (a felony), harrassment of the victim’s family (a felony) and obstruction of justice under Italian law for poisoning opinion out of court (another felony).
Archived in Questions for RS & AK, Officially involved, Amanda Knox, Diversion efforts by, The Knox-Mellases, Knox's book, The many hoaxes, Knox normal hoax, Other legal cases, Associated trials
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Friday, July 25, 2014
Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made
Posted by Peter Quennell
Bergamo in the foothills of the Alps where the journal Oggi is published
Yesterday’s post quotes some statements that Sollecito has already started winding back.
For Raffaele Sollecito that marks a significant first. Amanda Knox still seems headed the other way, pouring yet more gasoline on the flames.
Yesterday’s post also mentioned the growing pressure the Italian system is asserting to surface and adhere to the truth. When Cassation rules as widely expected, that Knox’s and Sollecito’s appeals did fail in Florence, and off back to prison they must go, Italy probably wont stop there.
It needs a single truth to stand at the end of the day, and in the courts is how its inquiry-based system arrives at that truth. More prison time is probably ruled out, but there should be some big fines. And that truth.
Sollecito wrote those claims quoted yesterday only in English, of course, exclusively for English-speaking audiences. There are no editions in any other language, certainly not Italian.
The only claim of those quoted yesterday that is widely known in Italy is Sollecito’s false charge, challenged on national TV, that the prosecution offered him a deal for his turning on Knox. That was one of his many claims accusing Italian officials of crimes. All his other claims are still sleepers in Italy.
Sollecito’s father Francesco was asked on national Italian TV why the book was not written or published in Italian. He awkwardly replied that no Italian publisher was interested; he didnt name even one that refused.
He didnt explain why it was written on the US west coast with the help of a British-born shadow writer (an unfortunate choice: Gumbel himself seems to have a big chip on his shoulder about Italy after his stay there, like Peter Popham and Nina Burleigh; unusual but it happens).
So, with no Italian version, what passages in what language were those Italian publishers if any shown?
Not much liked in Italy, Sollecito has been trying to burnish his image there since 2008 when he began writing diary-type reports on several websites.
Passages from the book put into Italian by the Republic of Italy for his book trial in Florence could come to irritate many Italians, and really rain on his parade in the months coming up.
Good reporters should perhaps press Knox to release the Italian version of her own book and let Italy have a close look.
Their publication along with some other articles has resulted in both Oggi and Knox facing a trial in Bergamo. The statute of limitations on the entire book itself expires in 2017. If and when Italy targets all of Knox’s malicious claims she could find her parade rained on too.
Both books are available globally in the Kindle edition and so a few English-speaking Italians have read them that way. The only version of Knox’s book that was officially sold in Europe was in German. There’ve been no others so far though a Spanish translation may exist.
None of the other English-language pro-Knox books have been put into Italian either. In fact the only book translated into Italian that takes Italy to task is The Monster of Florence by Spezi and Preston - and that one is quite different (very toned down) from the edition in the UK and US.
Back here on Planet Earth, various objective books on the case have been written and published in Italian, which kinda shoots Francesco’s claim in the foot that there is no interest among publishers there.
Those books are mostly quite classy affairs, carefully researched. All the books (like TJMK) essentially concentrate on explaining the prosecution’s case in depth, and those from late 2009 all saw “case proven” after the Knox and Sollecito lawyers put on an ineffective defense. There isn’t even one which says Italian officials maybe got it wrong.
The Knox people sued Corriere for damages over the Sarzanini book and in the third round won, but that was only because the book published excerpts from Knox’s prison diaries - which her own people had put around - which invaded the privacy of others she mentioned.
The Sarzanini book is still on sale in Italy and was not ordered withdrawn, so Knox at most won half a loaf via her case.
Our main poster Yummi has at various times pointed out that over 100 prosecutors and judges have been assasinated in the anti-mafia fight. Hate stirred up in the US for Italian officials is of real concern, because it could have a nut with a gun headed to Italy to “even the score”. Hate messages have been received.
Hate is still being perpetually beamed at the real victim’s suffering family as well. That started way back in 2008. There is zero precedent for that - in fact the US and UK and Italy all have strong anti-harrassment laws.
So Knox and Sollecito, and by extension Sforza and Fischer and Moore and so on, will face put-up-or-shut-up time in court on a whole row of claims which appear to Italy malicious and wrong.
Italy wants a searchlight cast on those. It is for this reason above all that the book trials will take place. To wind back the hate, and to cast light.
This whole publishing scene (really two parallel publishing scenes) is absolutely unique in the world. It shows in stark terms the cowardice of the “public relations” wave of defamation which Curt Knox brought alive in 2007 and beamed away from Italian speakers.
No wonder Amanda Knox could not bear to head for Florence late last year for her own appeal - or “new trial” as she still seems to suppose. Her team has burned too many boats.
Gee thanks dad for that….
Archived in Officially involved, Amanda Knox, Diversion efforts by, The Knox-Mellases, Knox's book, The many hoaxes, Spezi/Preston hoax, Knox normal hoax, Knox interrog. hoax, Other legal cases, Associated trials
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Thursday, July 10, 2014
Are The Rank-Amateurs With Their Hooks In Knox Dividing Into Two Flocks Of Sheep?
Posted by Peter Quennell
Confusion Increasingly On Display
Publicly berating the Sollecitos, Kerchers, Italy and Europe has had a detrimental effect on Knox’s public persona?
So says Sophie in the forum text above. Smart take. But Clive Wismayer himself has posted some pretty wild accusations against Italian officials which absolutely dont help Knox at all. People like him should go.
Click here for more of those postings by those supposedly helping Knox. (Guede did it alone? Really?) The postings are a month old, but we hear the internal disputes are now way worse. Three obvious problems stand out.
1. The Sollecito Headache
They dont know as a group whether to try to hug Raffaele Sollecito and his family closer, or to nuke them, in the FOA’s usual mode. Some now incline one way, some the other, and it is splitting them apart.
The Sollecito backlash almost certainly isnt done yet. They dont like Knox at all, and further talk of resisting extradition and further demonizing of Italy and justice officials hardly helps them, and will see them back in front of the press.
In no circumstances will Bongiorno ever again let Sollecito get attracted back to the people who have their hooks in Knox - Bongiorno took the harder line at the press conference, and burying the very damaging claims stuffed by the Knox people into Sollecito’s book is sure on her radar now.
2. The Bloodmoney Headache
There’s rarely much money to be made legally out of trashing murder victims and their families and justice officials as the Bruce Fischers have set out to do. Amanda Knox did get a windfall payment out of her hapless book - but is THAT turning into a two-edged sword…
There’s nothing like a huge pot of money unfairly distributed to make people who feel used and unrewarded walk off. So says Clive Wismayer in the text. Knox is clearly acting cheap, maybe because she sees no career ahead, and may have squirreled much of her bloodmoney away for the reasons given here.
Some like Ted Simon seem to have had a very big payday, the lawyers and experts and Marriott and travel and hotels have all had to be paid-for. Media sources tell us that none of their reporters get within miles of Sollecito or Knox without a greedy hand coming out.
And Knox still has to pay the damages awarded to Patrick for maliciously wrecking his life, or risk more time inside.
Knox is to be charged for the false claims in her book on the same lines as Sollecito and the damages awarded could be huge. Knox’s publishers have their own liability, but may have been misled, and if they are made to pay damages, they could set their lawyers on Knox.
3. The False-Labels Headache
That “guilters” smear used freely in the text above is an albatross around their necks. It stops them seeing straight and being fully informed and (especially) trying to convince in reasonable terms.
Competent American lawyers and PR would have stopped Knox supporters painting themselves into such a corner long ago on the grounds that it just doesnt work. They dont know their enemy as a result.
What they are really up against is not only people posting translations and analyses on websites (people much more qualified than themselves) but also all the forces of justice in Italy and 90 percent of the population who clearly can see guilt.
The pro-Knox conspiracists are in fact a very small faction. The in-group at the core is a dozen or two at most. Perhaps a few hundred now who might lift a finger for Knox.
In contrast, those who see a case for guilt - and who revere the victim and Italy and its officials and system - are not a mere faction at all. Between them, they are huge. Good smart reasonable people who are very well informed and are certainly not driven by hate.
A lot of what websites like this do, in a media-created vacuum of hard facts, is to simply pass on reliable information from Italy in competent translations of key documents and timely and comprehensive reports.
This “guilters” smear has blinded them to that, and so “garbage-in-garbage-out” and paranoid suspicions and ranting language have become their plagues.
And with no real help, Knox faces 28-plus years.
Archived in Officially involved, Amanda Knox, Diversion efforts by, The Knox-Mellases, Knox's book, The many hoaxes, Other legal cases, Associated trials
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Wednesday, June 18, 2014
Legal Nightmare For Knox: How Tough American Laws Will Wind Back Her Blood-Money Profits & Spendings
Posted by The TJMK Main Posters
The 40-Plus State Son-of-Sam Laws
David Berkowitz or Son-of-Sam as he called himself during his killing spree is a convicted American serial killer. Watch a documentary at bottom here.
In New York State (where Knox’s publisher is) and Washington State (where Knox herself is) and about 40 other American states Son-of-Sam has a much-exercised and now rarely-challenged law named after him.
A Son of Sam law is any American law designed to keep criminals from profiting from the publicity of their crimes, often by selling their stories to publishers… Son of Sam laws are designed so that criminals are unable to take advantage of the notoriety of their crimes. Such laws often authorize the state to seize money earned from deals such as book/movie biographies and paid interviews and use it to compensate the criminal’s victims…
In certain cases a Son of Sam law can be extended beyond the criminals themselves to include friends, neighbors, and family members of the lawbreaker who seek to profit by telling publishers and filmmakers of their relation to the criminal. In other cases, a person may not financially benefit from the sale of a story or any other mementos pertaining to the crime—if the criminal was convicted after the date lawmakers passed the law in the states where the crime was committed.
Son-of-Sam Laws In The News
The Son-of-Sam laws are in the American news almost daily. See these for example:
- Here is an article about the admitted killer Jodi Arias who could have otherwise been in line to profit from a movie showing her killing of her former lover Travis Alexander from her point-of-view.
- Here is an article about the former university football coach and male rapist Jerry Sandusky who may be writing a book to benefit himself and his family.
- Here is an article about OJ Simpson, the former footballer and convicted killer of his wife and one other, who is essentially in prison now for trying to circumvent a Son-of-Sam law mandating payments to the families of his victims.
How Son-of-Sam Laws Work
Here from the Criminal Lawyers website is a generic description of how such State laws work.
Each state’s law is different, but here some of the things you may see in any particular Son of Sam law:
What’s covered? Practically just about anything a criminal defendant might gain or profit from his crime. Some state laws generally define “profit from crime.” For example, a law may state it’s “any property obtained through or income generated from the commission of a crime.” Other states are very specific and may, for example, state “profit of crime” is money or other property with value a defendant may receive for a book, movie, television show, play or newspaper article about the defendant and his crimes.
Who’s covered? In some states, only the criminal defendant is covered. In other states, members of his family are covered, too. They may be related by blood or by “affinity” or kinship, such as a spouse or father-in-law. The idea is to make sure a family member doesn’t get the money and hold it for the defendant.
Payment. Most states require the person paying the defendant - the book publisher, movie producer, etc. - to pay the money directly to a court or special state agency, like the state’s Crime Victims Assistance agency. The money is held in a special account for the crime’s victims.
Getting the money to the victims. In most states, once money is deposited, the court or the state agency in charge of the money notifies victims the money is available. In other states, the person or company paying the defendant must notify victims. Either way, victims are usually notified by ads or “legal notices” in local newspapers where the crime was committed. It’s also possible the names of specific victims may be found in the court records connected to the case, and those victims may get personal notification, such as by mail.
Ten Grave Weaknesses In Knox’s Position
Under these 40-plus Son-of-Sam state laws Amanda Knox and her agents appear to be in an extremely weak legal position. Here are 10 reasons.
- 1) Knox was confirmed convicted without further recourse by the Italian Supreme Court of calunnia (against Patrick Lumumba) in March 2013 and she was also provisionally confirmed guilty of murder and other crimes when her appeal before the Florence Appeal Court failed six months ago.
2) That final false-accusation conviction occurred prior to Knox’s book Waiting To Be Heard being released. The British and Italian arms of the publishers, HarperCollins, refused to release the book in the UK and Italy, citing major legal liabilities. The New York based HarperCollins publishers and therefore Knox herself knew that there were very serious legal questions.
3) Amanda Knox was represented by Washington DC lawyer and book agent Robert Barnett who touted the book to various publishers for a claimed $4 million. If Robert Barnett was misled as to the truth of the book, Knox may find herself kicked under the bus by him. If he was not misled, he too is entangled.
4) Knox’s book (available globally via Amazon Kindle) includes many serious misstatements on (among other things) the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her felony conviction and sentence.
5) Knox also misstated the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her felony defamation conviction in (a) an arrogant email to Judge Nencini at the Florence appeal and (b) an arrogant press release after the judge’s sentencing report was released.
6) Knox appears to have misstated the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her conviction in a submission to the European Court of Human Rights (ECHR) in Strasbourg. She also uses those false claims for her continued refusal to pay damages to Patrick.
7) Large numbers of opportunists appear to have directly profited. While we don’t know for sure, it seems Knox blood-money may have been used (a) to pay off her parents’ legal debts; (b) to pay her Italian and American lawyers; (b) to pay David Marriott’s public relations outfit; (d) to pay travel to Seattle and other expenses for some of her wackiest supporters, Sforza and Fischer included. Fees for abusive work by many in online support of Knox are rumored
8) We have repeatedly been told that any media request for access to Sollecito or Knox results in a greedy hand being stretched out. Any media who paid anything to Knox or her family (CNN? ABC? CBS? The Guardian? Oggi?) for access since 2007 could be seriously vulnerable.
9) Knox will face a new trial in Italy in due course for numerous new felony accusations in the book, including a very serious false charge against Dr Mignini. Also she and her followers are widely on record as disrespecting and harrassing the real victim and her ailing family.
10) And a mandatory Son-of-Sam Law investigation by State Attorney Generals can be triggered in over 40 American states via a simple report from a citizen. The Italian Government could also trigger such a criminal investigation.
And Amanda Knox still has her greedy paw out for contributions. See her highly misleading website. Tread warily, folks. Up to 40-plus investigators could come calling at your door…
Early Death To Any Political Support
American politicians almost all favor the Son-of-Sam Laws. The thought of a convicted killer profiting is something almost 100% of American voters wont tolerate. Anything that encourages crimes and the flouting of laws is a really big American no-no.
And if Knox is trying to assemble any bought-and-paid-for political support to resist extradition, such political support will dissipate in a heartbeat when Son-of-Sam again rears his head.
Not a very nice slippery slope for Knox. On multiple counts she looks like a sure-fire loser.
Archived in Officially involved, Amanda Knox, Diversion efforts by, The Knox-Mellases, Knox's book, The many hoaxes, Other legal cases, Associated trials, The wider contexts, American context
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Wednesday, April 09, 2014
Sollecito Takes On A New Lawyer To Help Him Work His Way Past The Minefield That Is His Book
Posted by Peter Quennell
The serious charges Sollecito and Knox will probably face for those books are of three kinds: (1) the contempt-of-court misrepresentation of the Italian justice system itself; (2) the obstruction-of-justice twisting of the evidence in the case; and (3) the claims of crimes committed by numerous career police and prosecution officials.
If false, in effect a gigantic frame-up that leaves Knox’s framing of Patrick in the dust.
At the eighth session of the Florence appeal court back in January, Giulia Bongiorno engaged in a day-long summation which was peculiar, to say the least.
Like Sollecito and Knox in their books, Giulia Bongiorno seemed to be attempting to put the justice system and investigation and prosecution in the dock.
If false, another gigantic frame-up that leaves Knox’s framing of Patrick in the dust.
Bongiorno’s rant didnt seem to help Sollecito in undermining any of the hard evidence in the case, and it left the judges visibly unmoved. But it was notable how closely it resembled the rants on the justice system and its officials by Sollecito himself in his book. See the examples in the post below.
There are some complex later passages in Sollecito’s book and some recurring themes that we will analyse which would seem impossible for Sollecito to write about in such detail without the extensive help of a lawyer who was in the court.
Who precisely was that?
Reports from Italy now state that Alfredo Brizioli, not Giulia Bongiorno, will be the lawyer the Sollecitos choose to respond to the investigating prosecutor’s report on the book. Perhaps Mr Brizioli (who right now is himself on trial for obstruction of justice in another case) can try to negotiate a way for his client to spread the blame before the charges are set in stone.
The Sollecitos seem weak. Alfredo Brizioli seems weak. Giulia Bongiorno seems weak. And Knox also seems weak - if Sollecito is ever going to back away from Knox (perhaps to try to claim the final murderous stab of Meredith was solely Knox’s crazed idea) there is just this one last chance.
We in no way favor Sollecito getting off lightly without recanting. We do want to point to the potential fireworks a smart prosecution has engineered that might help achieve this.
Although there was a sort of bidding war for both books, not every publisher, having seen what was to be in them, was eager to join in. Some did sit on the sidelines.
Archived in Officially involved, Raff Sollecito, The defenses, Diversion efforts by, The Sollecitos, Sollecito's book, Reporting on the case, Other legal cases, Associated trials
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Monday, April 07, 2014
Italy Pushes Back On Dirty Tricks And Frame-Ups: Examples Of What Sollecito Must Defend In Court
Posted by The TJMK Main Posters
Many posters contributed to this analysis and to what is to come. Special thanks to James Raper and Sara, and also to Vivianna, Yummi and Kermit.
Sollecito’s blood-money book gets published
Sollecito’s hapless book Honor Bound was released in English on 18 September 2012.
Within ten days all of Italy knew that the book was a crock.
Bruno Vespa, the persistent host of Porta a Porta, Italy’s most popular crime show (for the equivalent of which American TV cries out) forced Sollecito’s father in national prime-time to admit that at the core of the book was a huge lie.
Other claims about the case and the officials were shown to be wrong too.
Smarter people than Sollecito’s help in the US (Andrew Gumbel and Sharlene Martin, later John Q Kelly, and Simon & Schuster) might have put the brakes on until they got the truth straight and a revised version out.
But no, a media blitz was all ready to roar. The blood-money couldn’t wait.
Huge numbers of professional book reviews and Amazon reader reviews swallowed Sollecito’s claims in the book whole. The nastiness toward Italy and its justice system and officials was ratcheted onto a whole new plane.
Needless to say, official Italy did take note
For the legal reasons explained in this key post an investigation by the Florence Chief Prosecutor’s Office was mandated to begin.
In that same post it was warned that for the period the investigation would require, it would be taken below the radar, so that the Sollecito defense team would have no way to respond through dishonest PR or legal dirty tricks.
A not-unsurprising result of that stealth move was that in the meantime, in the last year, very full of themselves and feeling no constraint, Sollecito and his team went hog-wild in adding more crazy claims. And still more.
Now the investigation is complete
Now Prosecutor Gianbartolomei has issued his announcement of the conclusion of his investigation. The content of the notice is at present confidential except to the defenses.
As Yummi reports, from this point on, the defense has 20 days to say something, such as to request that Sollecito be interrogated or allowed to declare or explain something.
Then the prosecution will file charges against Sollecito and Gumbel, and possibly Sharlene Martin and Simon & Schuster, their careless publishers in New York.
Which precise false claims Prosecutor Gianbartolomei has made the target of his report we do not know. But this is a target-rich environment, that is for sure:
Consider for starters these 20 false claims which, believe it or not, all appear in the first seven pages of the book.
1. That Italian justice authorities took the easy way out
This is the story of two ordinary people who stumbled upon an extraordinary circumstance, the brutal murder of a British student in Italy. Neither Amanda Knox nor I had anything to do with the crime, but we came perilously close to spending the rest of our lives in prison because the authorities found it easier, and more convenient, to take advantage of our youth and inexperience than to mount a proper investigation. It’s that simple. And that absurd.
No advantage was taken of them. The two stood out very sharply from all the others of similar age, and of similar inexperience (whatever that means). They did and said dozens of things in the early days that set them sharply apart.
They were interrogated quite fairly, the Italian media was not especially hard, Dr Mignini never ever leaked, and they had lawyers and family handy at every turn after they were arrested. They each gave the authorities less than zero help - they tried to lead them off on wild goose chases, for example the false claim AK made against Patrick and dozens of other false claims, and apparently tried to finger yet another north African, Hicham Khiri, in a conversation they clearly knew was being recorded.
A “proper” investigation was indeed done. Simply read through all the posts on the trial here in the first half of 2009, and the prosecutor’s excellent summations, and you will see what a smooth comprehensive job was done. And the Supreme Court concluded that THREE had to have been involved, from the recreation of the attack and all the wounds on Meredith’s body. AK and RS and their lawyers never came within light-years of throwing real suspicion on anyone else.
2. That the preventive custody was very harsh
On November 1, 2007, Amanda and I were carefree students at the beginning of a cross-cultural love affair in a beautiful Umbrian hill town. Within days, we were thrown into solitary confinement in a filthy prison, without access to lawyers or loved ones, accused of acts so heinous and disturbing we may never be able to banish them from our thoughts, or our nightmares.
Raffaele was sent to preventative prison on Tuesday November 6. Capanne Prison was almost brand-new then, and far from crowded. Cells contain TVs and private bathrooms.
All questioning had been stopped early on 6 November until Sollecito could have a lawyer present. He himself wrote to his father in his “prison diary” on November 7: “I may see you tomorrow, at least that is what I was told by Tiziano [Tiziano Tedeschi, his lawyer at the time], who I saw today and who defended me before the judge.”
Mr Tedeschi made no complaint about any delay in the first meeting with his new client. In Italy, a judge must determine within 48 hours whether to hold or release detained suspects. Judge Matteini did so meticulously and refused his release.
3. That the prosecution and Italian media demonized the pair
In the newspapers and on the nightly news, we were turned into monsters, grotesque distortions of our true selves. It did not matter how thin the evidence was, or how quickly it became apparent that the culprit was someone else entirely. Our guilt was presumed, and everything the prosecution did and fed to the media stemmed from that false premise.
In the real world, the prosecution fed nothing at all secretly to the media and publicly very little, none of it self-servingly biased. Italian reporting was sporadic and very mild compared to anything one can see said daily about possible perps in the US and UK newspapers and on US TV. Besides, any coverage, which was in part deliberate in the situation as dozens of students were fleeing Perugia, had no influence on anything, neither on the investigation nor the trial.
The Italian system is set up so media can have less influence than almost any other media on any other justice system in the world. The Micheli and Massei sentencing reports show the judges were not unduly influenced even by the lawyers right in front of them, let alone by mild media reports 1 or 2 years before that.
4. That four years were wasted showing where the prosecution went wrong.
By the time we had dismantled the case and demonstrated its breathtaking absurdity [in the annulled Hellmann appeal] we had spent four of what should have been the best years of our lives behind bars.
“We” meaning the defense lawyers did very little in the annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course maybe shopping for an inexperience and pliable judge, and for DNA consultants who they could then spoon-feed. Much of the hard evidence they simply kept well away from in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.
On the other hand, RS’s claim could well apply to what Dr Galati and Cassation did for the Hellman sentencing report. Dismantled the appeal verdict, and demonstrated its breathtaking absurdity.
5. That Knox was made a target because timid Italy was scared of her.
Amanda and I certainly made our share of mistakes. At the beginning we were too trusting, spoke too frivolously and too soon, and remained oblivious to the danger we were courting even after the judicial noose began to tighten. Amanda behaved in ways that were culturally baffling to many Italians and attracted a torrent of gossip and criticism.
An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets. What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially bright or funny or pretty? That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?
Read this post by the Italian-American Nicki in Milan. To quote from it “As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public….. Amanda Knox is not on trial because she is American and therefore too “emancipated”....Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence.”
6. That Knox and Meredith were really great, great friends.
We were young and naive, unthinking and a little reckless. Of that much we were guilty. But what we did not do—and could not have done, as the evidence clearly showed—was murder Meredith Kercher.
Meredith was Amanda’s friend, a fellow English speaker in the house they shared with two Italian women just outside Perugia’s ancient city walls. She was twenty-one years old, intelligent, and beautiful. She and Amanda knew each other for a little over three weeks, long enough to feel their way into their new surroundings and appreciate each other’s interests and temperaments. I never heard about a single tense moment between them.
Plenty of other people did know of tensions. Meredith’s family and friends all knew Meredith was finding the noisy dirty lazy loud unfocused Knox and her one-night-stands hard to take. Her other flatmates found her hard to take. Her employer Patrick found her hard to take. His customers in the bar found her hard to take. The Lifetime movie got this strident angle pretty straight.
Remember, Meredith enrolled for a full academic load at the main university. Knox in sharp contrast took only one undemanding language course - which anyone could walk into - requiring maybe 10 hours of study a week. They increasingly did less together. In fact after several weeks nobody was lining up to have anything to do with Amanda Knox.
Seemingly unable to reverse herself, she was headed to being among the least popular of students in Perugia. It should be recalled that the callous remarks by Amanda Knox about the death of her so-called friend Meredith included “Shit happens”, “She fucking bled to death”, and “‘I want to get on with the rest of my life”.
7. That an intruder knew about the rent money and so murder ensued.
Meredith, of course, suffered infinitely worse luck than we did: she came home, alone, on an ordinary Thursday night and had her throat slit by an intruder hoping to steal the household rent money.
There is zero evidence that this was the case. Knox herself ended up with a similar amount of cash that she has never been able to explain. There is zero possibility that Guede would know that any money was lying around - or not lying around, as it was concealed in Meredith’s drawer.
And take a look at the many images of the brightly lit house at night. There are several dozen other houses behind it in the dark which any smart burglar would have chosen first. In 2008 two real break-ins occurred at the house - both were in the dark behind the house, which is by far the easiest place to break in.
So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.
8. That the media got hysterical and portrayed heartless killers.
But the roles could easily have been reversed. If Meredith’s Italian boyfriend had not gone away for the weekend and if Amanda had not started sleeping over at my house, she—not Meredith—might have been the one found in a pool of blood on her bedroom floor. That reality was quickly lost amid the hysteria of the media coverage. But it continued to hover over both of us—Amanda especially—as we sank into the legal quagmire and struggled in vain to overcome the public image of us as heartless killers.
There was zero media hysteria. This silly claim was addressed above. Watch the Porta a Porta YouTubes and dozens of other Italian reports and try to find ONE that is not fair and cautious and mature.
How precisely did the two struggle in vain to overcome their public image? By coming up repeatedly with stories which didnt even tally with others of their own, let alone with one another’s? They never between them made even one helpful statement which actually helped the police. And even their respective parents strongly suspected or knew of their guilt and were all caught incriminatingly on tape.
9. That Rudy Guede did it alone; ignore vast evidence that proves not.
This should not have been a complicated case. The intruder was quickly identified as Rudy Guede, an African immigrant living in Perugia with a history of break-ins and petty crimes. His DNA was found all over Meredith’s room, and footprints made in her blood were found to match his shoes. Everything at the crime scene pointed to a lone assailant, and a single weapon. Guede repeatedly broke into houses by throwing a rock through a window, as happened here, and he had been caught by the authorities in the past with a knife similar to the one that inflicted Meredith’s fatal wounds.
This is laughable. It has in fact been demonstrated in numerous ways that the attack involved multiple assailants and this was accepted by the Supreme Court.
Sollecito’s own lawyers never forcefully argued this. They produced two non-credible witnesses in the appeal trial (Alessi and Aviello) to actually prove that Guede had some other accomplices or that several others did it. Also Amanda Knox if anything diverted attention AWAY from Guede as he did in turn from her. He wasn’t quickly identified precisely because Knox had rather credibly fingered Patrick.
There is no proof Guede was an intruder. The trial court concluded Knox invited him in. Guede had zero proven history of break-ins or petty crimes or drug-dealing, and late in 2008 at his trial Judge Micheli became angry at such claims. Guede had no prior criminal record at all. He had only been back in Perugia for a few weeks, after an extended stay up north. His DNA was not found “all over” Meredith’s room. A major surprise, in fact, was how few traces of him were found.
The recreation of the crime scene and the autopsy both pointed AWAY FROM a lone assailant, not toward. From Meredith’s wounds, it was quite evident that two and perhaps three knives had been used, and not a single weapon. What lone intruder carries or uses two or three knives? And footprints in blood outside the door matched the feet of both RS and AK. This is why the Supreme Court confirmed Guede’s guilt only “in concorso” (with others).
10. That the cops could have caught Guede fast, despite Knox’s frame
Guede did not call the police, as Amanda and I did, or volunteer information, or agree to hours of questioning whenever asked. Rather, he fled to Germany as soon as the investigation began and stayed there until his arrest two and a half weeks later.
Guede’s apprehension and eventual conviction on murder charges should have been the end of the story. But by the time Guede was identified, the police and the public prosecutor’s office had convinced themselves that the murder was, incredibly, the result of a sexual orgy gone wrong, in which Amanda and I had played leading roles. Their speculations ignited a media firestorm, inspiring sensationalist headlines across the world about the evil lurking behind our seemingly innocent faces.
The authorities had no shred of evidence to substantiate this story line, only erroneous suppositions and wild imaginings. We had an alibi for the most likely time of death, and none of the initial forensic evidence tied us to the scene of the crime. Nothing in our backgrounds gave any hint of a propensity for violence or criminality. We were both accomplished, hardworking students known to our friends and families for our gentleness and even tempers.
Four more untrue remarks. All three were convicted of a murder with a sex-crime element and nobody was wrongly “convinced”. Which alibi is Sollecito talking about now? He himself admits in chapter 1 (Love and Death) that they had no “real alibi”. They still have no alibis at all for the second half of the evening, neither of them, when Meredith’s murder indisputably occurred.
Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was falsified.
Neither of their backgrounds was squeaky clean. Both had long been into illegal drugs, the loner Sollecito had to be watched by his father and teachers, the increasingly disliked Knox had a history of doing and saying crass off-putting things. Both were lagging behind their brighter peers in their studies and Knox was taking a year off.
11. That the prosecution fed the media a huge number of false claims.
Yet the authorities stuck to their guns. They fed the media a steady diet of sensationalist stories of how Amanda, the promiscuous American she-devil, and I, her sex-and-drug-addled Italian helpmeet, had tried without success to drag Meredith into our depravity and punished her by plunging an outsize kitchen knife into her neck.
Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.
Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,
But whereas Mr Mignini famously never leaks, the defenses are widely claimed to have leaked throughout like sieves. So did Sollecito’s own family - they leaked an evidence video to Telenorba TV, for which they were considered for trial. Even we at TJMK and PMF received several offers of juicy leaks. Here is one example of where the Knox forces leaked - wrongly in fact - and then nastily slimed the prosecution and defenseless prison staff.
12. That the authorities had lots and lots and lots of scenarios.
It might have been funny if the consequences had not been so devastating. Listening to the tortured language of the prosecution—“one can hypothesize that . . . ,” “it is possible that . . . ,” “one can imagine that . . . ,” “this scenario is not incompatible with . . .”—it became clear that the authorities, like the media, were treating our case with the bizarre levity of an after-dinner game of Clue, or an Agatha Christie mystery. Everyone, even the judges in their black robes, had theories they were itching to air.
Have Sollecito and Gumbel ever before been in any other court in Italy or the UK or the US? Every judge and/or jury has to arrive at a scenario on lines not unlike this. That is the whole POINT of having courts - to weight the probabilities in what happened in the crime. The only difference in Italy is that the judges have to think their verdict through for weeks, and then write it all out, and then see it scrutinized by a higher court. This is hardly a requirement to be sneered at.
Gumble and Sollecito should have studied how US and UK juries arrive at their own scenarios. Very few US and UK lawyers think they do a better job. Ask those who watched the OJ Simpson and Casey Anthony trials and bitterly criticised the outcomes. And Italy has a vastly lower rate of false imprisonment than the US does.
13. That Italy is a medieval country with a primitive justice system.
It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. How was it conceivable that a democratic country known for its style and beauty and effortless charm—the Italy of the Renaissance and la dolce vita—could allow two young people to be catapulted to international notoriety and convicted of a horrific crime on the basis of nothing at all?
This is not remotely what happened. There was very far from nothing at all. Convictions in the US and UK regularly result based on evidence 1/10 or 1/100 of that here - sometimes from one single evidence point. Any one or several of maybe 100 evidence points here could have convicted them in a US or UK court.
14. That the prosecutors office and media were in a grim embrace.
The answer has something to do with the grim embrace that developed between the prosecutor’s office and the sensationalist media. Like addicts constantly looking for the next fix, each fed the other’s insatiable appetite for titillation and attention. The casual cruelty of “Foxy Knoxy” and her Italian lover became too good a story line to abandon, even when it became apparent it was overheated and unsustainable. Our suffering was the price to be paid for the world’s continuing entertainment.
WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? This is clearly defamatory if it can’t be proven, and we can turn up no evidence that any of it is true. It has to be one of the most foolish lies in the entire book, it is so easy to disprove. These who are being accused of crimes here are career police and prosecutors secure in their jobs, and none have the slightest gain to make from false convictions.
15. That in the justice system speculation and hearsay run rampant
The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause.
Total mischaracterization. First note that by comparison with any country in the world THERE IS NOT MUCH CRIME IN ITALY. There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is not lining up to pay taxes. Italy’s murder rate is 1/6 that of the United States and its prison incarceration rate is 1/30 that of the United States, so where IS all this crime about which the claimed speculation and hearsay are running rampant?
The legal process could have been fully over by the end of 2009 if (1) there was not the entitlement to two automatic appeals; in UK and US terms there was very little to appeal about; and (2) the Hellmann appeal court had not been fixed to produce a corrupt outcome, as the displaced judge Sergio Matteini Chiari and Cassation and the Council of Magistrates have all made plain.
And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained. Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be.
The Constitution and judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so. Creating this restraint is a primary reason for the judges’ sentencing reports and all the magistrates’ checks of investigations along the way.
This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.
16. That in Italy proof beyond a reasonable doubt scarcely exists
For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.
So Gumbel and Sollecito are historians and legal experts now? It would be nice, wouldn’t it, if either were able to explain the remark. This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in 1990 and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.
There are two things wrong with “..the concept of reasonable doubt scarcely exists in Italy.”
1. It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries.
2. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians. Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.
Until the 1990 Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings (to punish the guilty) and civil proceedings (to render liable the guilty for damages) were heard at the same time and still sometimes are, as in the Meredith Kercher case.
What has changed (relevant to the above quote) is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases (the preponderance of evidence or, as we usually refer to it, the balance of probabilities) is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof (beyond reasonable doubt).
Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. No judge would EVER confuse “beyond reasonable doubt” with “the balance of probabilities” when the issue at stake is depriving an individual of his freedom.
17. That the Italian judiciary has vast, unfettered powers
Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves.
Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.
All of the best judges in the world are independent and they all follow a demanding career path, not elected (as ex-Judge Heavey was) under zero criteria, or appointed under the political sway of politicians. We wonder if Gumbel and Sollecito have ever heard of the US Supreme Court? Do those judges answer to anybody? No? How unfettered.
18. That the courts are the most reviled institution in Italy.
Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. The courts—tainted by politics, clubbishness, pomposity, and excruciating delays—are the most reviled institution in the country.
As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know.
Our Italian poster Machiavelli (Yummi), who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:
For comparison, in 2011 the percentage of Italians who declared they trust the justice system “a lot” or “enough” was 53.3%. By comparison, the percentage of Italians who declared they trust the government “a lot” or “enough” were 14.7%, and those who trust the parliament were only 15%.
In 2012, the percentage of Italians who trust the parliament is now only 9.5%, and those who trust the Mario Monti administration are only 21.1%.
Over the eight years from 2004 to 2012 the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.
However, some cases of corruption (such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia 2012) do hamper trust.
The most trusted institutions in Italy above all are the Carabinieri (74% of Italians trust them) and the Polizia di Stato (71%).
Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors.
19. That prosecutors can spin their cases into any shape they please.
Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting.
Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue. The entire Italian system under the post WWII constitution was designed to PREVENT what Sollecito & Gumbel claim it allows here.
There are checks and balances and reviews every step of the way. Magistrates (initially Matteini here) determine what a prosecutor may do in developing and presenting a case. Parties may appeal to the Supreme Court AT ANY TIME as Knox’s lawyers did over her second written confession - which she herself had demanded to make in front of Dr Mignini after he finished warning her of her rights.
Hard for Sollecito & Gumbel to believe, perhaps, but the defense is actually present in the same courtroom. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world.
And judges actually have minds of their own. And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them.
Sollecito & Gumbel should have read the 2012 Galati appeal more closely. The Prosecution’s Appeal To The Supreme Court is available in English here. Precedent has a section to itself - “The non-observance of the principles of law dictated by the Cassation Court in the matter of circumstantial cases (Article 606(b)) in relation to Article 192 paragraph 2 Criminal Procedure Code.”
Well, that’s precedent, via the Court of Cassation no less! How surprising from Gumbel/Sollecito that they should make that claim about ignoring precedent when in fact there it is, going right to the heart of the flawed Hellmann/Zanetti judgement on circumstantial evidence! What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent?
There is an absurd irony here, were they aware of it. Perhaps they are. Surely it is Hellmann and Zanetti who have displayed “a boundless freedom” in spinning the case “into any shape they please”, and who have “created legal justifications on the fly”? As for prosecutors doing this, at least Dr Mignini followed the evidence, and American readers may recall the infamous Jim Garrison, the DA hero of Oliver Stone’s movie “JFK” but who in reality, unlike Dr Mignini, was a total and utter crackpot.
And what issue exploded the Porta a Porta TV show in Italy in September 2012? It was Sollecito’s false claim that the prosecution had secretly tried to offer him a deal if he would roll over on Knox. NOBODY including his own father and his own lawyers confirmed him. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals.
Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. (In her book Knox also accused Dr Mignini of a felony.)
20. That the prosecutors and judges in Italy are far too close.
Prosecutors and judges are not independent of each other, as they are in Britain or the United States, but belong to the same professional body of magistrates. So a certain coziness between them is inevitable, especially in smaller jurisdictions like Perugia.
Yes, prosecutors and judges in Italy belong to the same professional body of magistrates. But then so does the defense lawyer Ms Bongiorno. The claim that there is no independence between prosecutors and judges in Italy, in fact a coziness between them, is a bit rich.
Consider, say, the UK. It is true cases are prosecuted by the Crown Prosecution Service, a government body, but in serious cases the CPS will employ barristers from the Inns of Court. There is scarcely a judge in the UK, even up to the highest level, who was not and who is not still a member of one of the Inns of Court from whence barristers, for the prosecution or for the defence, ply their trade.
You can’t walk past an Inn without seeing the names of judges on the roll call on the plaques outside. A judge is still a barrister, just fulfilling a different function, although, of course, now paid by the State. The old school boy tie? Corruption? No, the fulfilling of different roles by members of the same body is called professionalism.
Judges and lawyers all belong to the American Bar Association in the US and attend the same conferences. No sign that this lack of “independence” ever affects trials. This claimed excess of coziness is often ranted about online by the Knoxophile David Anderson who lives near Perugia. Nobody who pays him any attention can get where he derives this from. Maybe he heard it from Hellman?
Perugia prosecutors and magistrates are all known to do a fine job, and the national Olympics & earthquake relief cases involving powerful Rome politicians were assigned for competent handling to where? To Perugia… Defense lawyer Ghirga and Prosecutor Mignini have the reputation of being good friends. And Mignini and Massei would both draw their salaries from the State. But so what? Do not judges and DAs in the the USA do likewise? Are Gumbel and Sollecito impugning the professionalism of the counterparts of Mignini and Massei all over the world? It sure reads like it.
On our further postings
Akk of this above analyzes only the first seven pages, out of a book which has several hundred pages. We will post one or two times more during April. Later in the book, there is a lot of venomous sneering addressed at Dr Mignini, although his performance at trial was excellent - and he is now for Perugia’s region (Umbria) the Deputy Prosecutor General.
In Italy Dr Mignini is now and then on national TV along with Michele Giuttari, who pursued the main Monster of Florence theory - not the crackpot theory Preston and Spezi attempted to use to frame someone. At impugning him, Sollecito and Gumbel have failed miserably, and for that are now in the crosshairs of the system.
Many posters contributed to this analysis and to what is to come. Special thanks to James Raper and Sara, and also to Vivianna and Kermit.
[Kermit’s take on Katie Couric, one of several smart TV hosts who suspected a giant con]
Archived in Diversion efforts by, The Sollecitos, Sollecito's book, Reporting on the case, Other legal cases, Associated trials, Raff Sollecito
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Friday, April 04, 2014
The Florence Chief Prosecutor’s Office Announces That Sollecito Will Face More Court Action
Posted by The TJMK Main Posters
Breaking news from Main Poster Yummi
Prosecutor Gianbartolomei has issued a notice about the conclusion of his investigation. The content of the notice is confidential for the defenses.
From this point the defense has 20 days to say something, like to request that the defendant (Sollecito) is interrogated or has anything to declare, or to submit any documents if they want to.
Then, once the 20 days are expired, the prosecution will file charges.
Since the charges will include almost certainly, beyond aggravated defamation, also contempt of the Judicial organs, the prosecution may send a notice to the Ministry of Justice too.
Since they are victims of contempt they may appoint a plaintiff.
The senior Florence prosecutor Dr Giuliano Giambartolomei was assigned to investigate the claims in Sollecito’s “Honor Bound”.
Today he announces that his findings indicate that many claims are spurious and justify new charges being brought against Sollecito. Shadow-writer Andrew Gumbel, who recently published this self-incriminatory rant has also been named.
When the charges are filed several or some others who have been assiduously “helping” Sollecito (mostly for big bucks) such as book-agent Sharlene Martin might find themselves named also
So Sollecito for sure and Knox most probably will be confronting the often-contradictory claims in their books, and saying whether they accept or reject each of them, which should put other book-writers who made false claims on the spot and maybe wind the whole FOA effort down.
We will be making our separate page on Sollecito’s various false claims live again. Main posters have posted a large number of corrections to Sollcito’s claims in the book. We have been putting them in correct page-order.
Miriam has kindly contributed this translation of today’s report in Il Messagero. Dr Giambartolomei only hints to the reporter what will be in his report which will quote all the passages in full for which Sollecito will have to account.
Raffaele Sollecito Insults The PM And A New Trial Starts
As always everything [possible] is presumed and as always, in the case of the murder of Meredith Kercher, everything [possible] can be overturned at every verdict.
Even in the associated trials, such as the one for defamation (against PM Mignini) and contempt (against the police) for which Raffaele Sollecito, found guilty of the murder of Meredith Kercher along with his ex-girlfriend Amanda Knox, is being investigated along with the British journalist-author (now in absentia) Andrew Paul Gumbel.
Defamation, because many parts of the book “Honor Bound”, of which both are authors, contains for the prosecution various ignominious remarks.
More than simple phrases, entire chapters (allegedly) of the book are written in what is technically called “conclusione delle indagini” and requires the matter to be brought to justice, and therefore to trial.
[The book] starts by summarizing the main evidence (that was then proved to be wrong by the facts) against Sollecito.
The two being investigated write: ” the main proof that Mignini had to bring to the preliminary hearing were my Nikes… and he did everything possible to render them more incriminating…”
Then again “the police had only the pictures of my shoes (not those of the print) and in some way they came to the conclusion that my Nikes were the same brand, model and size as the shoeprints on the floor of Meredith’s apartment. There was no doubt about this”
Then the facts demonstrated that the shoe prints where of Rudy Guede, the third person condemned for the murder of the British student, and could not be those of Sollecito, because of the size.
Therefore this touches on the management of the trial on the part of Mignini. Sollecito-Gumbel write: “one of the reasons that our hearings were so distant one from the other was that Mignini was fighting his own separate legal battle for abuse of investigated activity.”
This connection goes to the case of the death of the Perugian Doctor Franceco Narducci, connected to the Monster of Florence case which Mignini had investigated.
Sollectito sustains: (defended in this case by Alfredo Brizioli) “I think our case, among other things, was a big diversion to keep the media’s attention away from the legal battle Mignini was having in Florence, and to give him the victory in a high profile case he so desperately needed to restore his reputation.”
The young Pugliese continues: “…..just as he did in the Monster of Florence case, Mignini used every instrument at his disposal against his critics and adversaries. The avalanches of legal action by part of Mignini had an inevitable icy effect , especially on the Italian press and this played a clear role in turning the public opinion against us.”
The charges against Sollecito and Gumbel are those of having sustained that it was Mignini’s idea to seek to obstruct the investigation as is from the beginning, it was a studied act to bend the investigation and turn the trial to his side.”
This is a clear accusation in the eyes of the prosecutor Giuliano Giambartolomei: “His approach (Mignini’s), Sollecito is saying, was particularly vindictive…. This is enough for Sollecito to face charges of defamation.”
Important to note that Dr Giambartolomei does NOT explain here precisely what will be in his report. That will have to quote all the passages in full for which Sollecito may have to account. Then he or whatever prosecutor charges Sollecito will go to another depth.
With our analysis of the book and knowledge of Italian law we can probably pick many or most of the false claims made which impugn officals or the Italian system.
More posts coming. Stay tuned.
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Friday, December 20, 2013
Multiple Provably False Claims About “Forced Confession” Really Big Problem For Dalla Vedova & Knox
Posted by FinnMacCool
The Breaking News
This post goes live just as the news breaks that it was Knox lawyer Carlo Dalla Vedova who filed these patently false claims against the justice system of Italy with the European Court.
1. “There would be no need for these theatrics.”
Amanda Knox has not been present for any part her latest appeal against her own murder conviction. Nevertheless, she has made two meretricious contributions to the proceedings.
First, on the day that the prosecution opened its presentation of the case against her, she announced that her lawyers had filed an appeal against her slander conviction to the European Court of Human Rights (ECHR). ECHR hears only allegations of human rights abuses, which must be reported within six months of the alleged incident (or within six months after all local avenues have been exhausted; in this case none has even been explored).
This out-of-date application to an inappropriate body in pursuit of a groundless allegation is therefore bound to fail.
Knox’s second publicity stunt came on the day that her own defense lawyers began their own presentation. She sent a five-page email in English and Italian, with grammatical mistakes in each language, protesting her innocence and affirming that the reason she is not present in the court is because she is afraid of it.
There are many comments that could be made about the email, but perhaps its most grievous legal error comes in the aside where she claims that the “subsequent memoriali (sic), for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false ‘confession’.”
That singular document does not recant her previous statements (“I stand by what I said last night…”), but does contain further accusations against Patrick Lumumba (“I see Patrik (sic) as the murderer”), as well as seeking to cast suspicion on Sollecito (“I noticed there was blood on Raffaele’s hand”) and an unnamed “other person”.
However, by claiming that she has been “wrongfully found guilty” on that charge of calunnia, she is refusing to recognize the legitimacy of the Italian Supreme Court, which has definitively found against her on that count, and also of the Hellmann appeal court (the only court to date that has not found her guilty of the main charge of murdering Meredith Kercher).
Dr Alessandro Crini presented the prosecution’s case on November 25th/26th. It was not a particularly theatrical performance, but rather a very long summary of the many items of evidence against Sollecito and Knox.
The most theatrical element of the case so far has been when one of the defendants insisted that the judge should read out five vacuous pages of her email immediately before her own lawyers presented their case on her behalf.
This gives a certain dramatic irony to Knox’s claim, “If the prosecution truly had a case against me, there would be no need for these theatrics”.
Such ironies appear to be lost on Knox, however, since she seems incapable of reading back over her own work for solecisms or contradictions. (In the email itself, for example, in consecutive sentences she writes: “I had no contact with Rudy Guede. Like many youth in Perugia I had once crossed paths with Rudy Guede.”)
One of the many errors she makes in the email is to put in writing some of the wild claims that she and/or her supporters have previously made regarding the witness interview she gave on the night of November 5th/6th 2007.
The purpose of the current post is to consider that interview in greater detail, using as source material primarily Knox’s memoir “Waiting to be heard” (2013) and Raffaele Sollecito’s memoir, “Honor Bound” (2013), abbreviated here to WTBH and HB respectively.
2. “When we got there they said I couldn’t come inside.”
Amanda Knox was not even supposed to be at the police station on the evening of November 5th, 2007. She should have been attending a candlelit vigil, in which Meredith Kercher’s friends, classmates and supportive well-wishers met at eight o’clock at Corso Vannucci to process through to the Duomo, carrying candles and photographs of the victim.
A friend of Meredith’s – a young Polish student – texted Amanda Knox to invite her to this vigil, but Knox had better things to do. (WTBH: 82) She accompanied Sollecito to his friend Riccardo’s house for a bite to eat (HB: 29) where she absent-mindedly strummed a ukulele. (WTBH:82)
Knox writes of the vigil: “I wanted to be there but… the decision was made for me” because “Raffaele had somewhere else to be”. (WTBH: 82)
One consistent feature of her narrative is her refusal to accept responsibility for anything, including her failure to turn up for her murdered roommate’s vigil, but we should note also that the vigil (eight o’clock) and the dinner (nine o’clock) both take place within the timeframe of her supposed series of interrogations, which according to her email involved “over 50 hours in four days”.
By her own account, when she ignored the police’s request not to accompany Sollecito to the Questura and just came anyway, it was the first contact she had had with the police in well over 24 hours.
Let us consider what was happening in the early part of the evening of November 5th, 2007.
The police are at the station studying the evidence; Meredith’s friends are proceeding downtown with candles and photographs of the victim; and Knox is playing the ukulele at Riccardo’s house.
Far from taking part in a lengthy coercive interview, Amanda Knox had gone to her University classes as normal, had bumped into Patrick Lumumba, whom she would later accuse of Meredith’s murder, and had later skipped the vigil to have dinner with Sollecito. (WTBH:83)
Meanwhile, back at the Questura, the police could see that Raffaele Sollecito’s stories simply did not add up.
They therefore called Sollecito and asked him to come into the station for further questioning. They told him that the matter was urgent; that they wanted to talk to him alone; and that Amanda Knox should not accompany him. (HB: 29)
Sollecito responded that he would prefer to finish eating first. (The same meal is used as an excuse for not attending the vigil at eight o’clock, and for delaying their response to the police request at around ten.) By his own account, Sollecito resented being ordered what to do by the police (HB: 29), and so he finished eating, they cleared the table together, and Amanda Knox then accompanied him to the station. (HB:30; WTBH: 83)
Naturally the police were both surprised and disappointed to see her. Their civilian interpreter, who had worked flat out through the weekend accompanying not only Amanda Knox but also the rest of Meredith’s English-speaking friends, had gone home. The only person they were planning to speak to that night was Sollecito, and even he was late. According to Knox, the police were not expecting their interview with Sollecito to take very long:
When we got there they said I couldn’t come inside, that I’d have to wait for Raffaele in the car. I begged them to change their minds. (WTBH: 83)
The police were not prepared for an interview with Amanda Knox. They had asked her not to come, and they tried to send her away when she got there. It was late on a Monday evening and there were no lawyers or interpreters hanging around on the off-chance that someone might walk into the police station and confess.
However, that’s what happened. And it is on that basis that Amanda Knox is now claiming that the interview which she herself instigated was improperly presented by the police:
I was interrogated as a suspect, but told I was a witness. (Knox email, December 15, 2013)
But she wasn’t a suspect. In fact, she wasn’t even supposed to be there.
3. “Who’s Patrick?”
We will now examine Knox’s claim that “the police were the ones who first brought forth Patrick’s name” (Knox blog, November 25th, 2013).
She has already admitted in court that this is not true. In fact, it is clear from her own book that the police did not even know who Patrick Lumumba was, at that point.
If they had suspected him or anybody else, they would have brought them in for questioning, just as they had already questioned everyone else they thought might be able to throw some light on the case.
The police plan that evening was to question Sollecito in order to establish once and for all what his story was. They would perhaps have brought Knox back the following day (together with the interpreter) to see how far Knox’s story matched Sollecito’s. In the event, their plan was disrupted first because Sollecito delayed coming in, and second because when he finally arrived, he had brought Knox with him.
“Did the police know I’d show up,” Knox asks rhetorically, “or were they purposefully separating Raffaele and me?” (WTBH: 83) She does not offer a solution to this conundrum, but the answer is (b), as the patient reader will have noticed.
She thus turned up to the police station despite being expressly asked not to come. The police asked her to wait in the car and she refused, complaining that she was afraid of the dark. They allowed her inside.
Today, she might complain that she “was denied legal counsel” (Knox email, December 15th 2013) as she entered the Questura, but there was absolutely no reason for a lawyer to be present, since by her own account, all the police were asking her to do is go home.
Knox did not go home. According to WTBH, while Sollecito is in the interview room, she sits by the elevator, doing grammar exercises, phones her roommates about where to live next, talks to “a silver-haired police officer” about any men who may have visited the house (she claims to have first mentioned Rudy Guede at this point, identifying him by description rather than name) and does some yoga-style exercises including cartwheels, touching her toes and the splits.
It is at this point – somewhere between 1130 and midnight – that Officer Rita Ficarra invites Knox to come into the office so that they can put on record Knox’s list of all the men she could think of who might have visited the house.
Knox takes several pages (WTBH 83-90) to explain how she went from doing the splits to making her false accusation against Patrick Lumumba. Like much of her writing, these pages are confused and self-contradictory.
One reason for the confusion is that Knox is making two false accusations against the police, but these accusations cannot co-exist. First, she attempts to demonstrate that the police made her give the name of Patrick Lumumba. Second, she wants us to believe that Officer Ficarra struck her on the head twice.
This is denied by all the other witnesses in the room, and Knox did not mention it in her latest story about applying to ECHR. In her memoriale (WTBH: 97), she claims she was hit because she could not remember a fact correctly.
But in her account of the interview (WTBH: 88), Knox explains that Ficarra hit her because, the fourth time she was asked, “Who’s Patrick?”, she was slow in replying, “He’s my boss.” This is the exact opposite of not remembering a fact correctly. Knox is so keen to make both false charges against the police stick that she fails to notice that one contradicts the other.
Knox at least provides us with two fixed times that allow us to verify the start and finish times of the formal interview. It began at 1230, when Anna Donnino arrived to interpret, and ended at 0145 when Knox signed her witness statement.
Bearing in mind that this statement would have needed to be typed up and printed before she signed it, the interview thus took little over an hour, and was not the “prolonged period in the middle of the night” that her recent blog post pretends. (We might also remember that Knox’s regular shift at Le Chic was from 9 pm to 1 am, meaning that the interview began during her normal working hours.) (WTBH:31)
WTBH also flatly contradicts Knox’s own claim that her accusation of Lumumba was coerced by the police.
According to her own account, she first mentions her boss (although not by name) in the less formal conversation, before the interpreter’s arrival, telling the police : “I got a text message from my boss telling me I didn’t have to work that night.” (WTBH: 84)
The police appear to pay no attention to the remark (which undermines Knox’s argument that the police were pressing her to name Lumumba) but instead keep questioning her on the timings and details of what she did on the night of the murder. And Knox finds those details difficult either to recall or to invent.
Donnino arrives at half past midnight, and the formal interview begins.
Again, the focus is on the timings of Amanda Knox’s movements on the night of the murder, and again she is having difficulty remembering or inventing them. Ficarra picks up Knox’s cell phones and observes: “You texted Patrick. Who’s Patrick?” and Knox answers, “My boss at Le Chic.” (WTBH: 86)
There is a short discussion about this text message, and then a second police officer asks her: “Who’s Patrick? What’s he like?” This time Knox answers: “He’s about this tall… with braids.” They then continue to discuss the text message, and then the police ask her a third time, “Who’s this person? Who’s Patrick?” Knox again replies: “Patrick is my boss.” (WTBH: 87)
Donnino then makes the intervention about how traumatic events can sometimes affect memory. Such events certainly seem to have an effect on the memory of the police, because one of them asks Knox a fourth time: “Who’s Patrick?” At this point, Knox claims in her memoir that Ficarra struck her on the head. (WTBH: 87)
This is nothing to do with failing to remember a fact correctly, because the fact is correct: Patrick Lumumba is indeed her boss.
The police continue to believe that she is hiding something, and they ask her who she is protecting. After a few minutes of questioning along those lines, Knox has an epiphany in which she claims that the face of Patrick Lumumba appeared before her and she gasps: “Patrick – it’s Patrick.”
If we believe one of Knox’s other stories, that the police were cunningly trying to get her to name Patrick Lumumba, we might expect them to be quite pleased to have succeeded at this point. But according to Knox, their response is to ask her a fifth time, “Who’s Patrick?” The whole room must have wanted to chorus at this point, “He’s her boss!”, but according to Knox, it is she herself who simply repeats: “He’s my boss.”
4. “I was also hit in the head when I didn’t remember a fact correctly…”
Shortly after lunch on Tuesday November 6th, Knox wrote a piece of paper (known as her “memoriale”) in which she makes her first accusation that the police hit her. She hands this memoriale to Rita Ficarra, the very person she would later name as doing the hitting. We have noted above that in her account of the interview, the context Knox provides for this alleged blow is as follows:
This singularly repetitive catechism is supposed to have taken place at around one o’clock in the morning.
However, writing the following afternoon, Knox describes the event like this:
Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn’t remember a fact correctly. I understand that the police are under a lot of stress, so I understand the treatment I received. (WTBH: 97)
This makes no sense as a reflection on the interview as she has earlier described it. In her version of the interview, she claims that the police kept asking her the same simple question, to which she keeps replying with the same factual answer, and the blows to the head take place in the middle of all that. Yet in her “memoriale”, she claims that the blow was because she could not remember a fact correctly.
In case two mutually contradictory accounts of that false allegation are not enough, Knox also provides a couple more explanations for why she was hit. Her third bogus claim is that the police said they hit her to get her attention, which makes for a dramatic opening to Chapter 10 of WTBH:
Police officer Rita Ficarra slapped her palm against the back of my head, but the shock of the blow, even more than the force, left me dazed. I hadn’t expected to be slapped.
I was turning around to yell, “Stop!”—my mouth halfway open—but before I even realized what had happened, I felt another whack, this one above my ear. She was right next to me, leaning over me, her voice as hard as her hand had been. “Stop lying, stop lying,” she insisted.
Stunned, I cried out, “Why are you hitting me?” “To get your attention,” she said. (WTBH: 80)
This is a direct allegation against a named police officer, and not surprisingly it has resulted in another libel charge against Amanda Knox. It is a strong piece of writing, too: on its own, isolated from context, it reads like a trailer for the movie version. The trouble is, that when Knox later tries to set it in context, it makes no more sense than “because I didn’t remember a fact correctly” as an explanation as for why the blow came.
They pushed my cell phone, with the message to Patrick, in my face and screamed,
“You’re lying. You sent a message to Patrick. Who’s Patrick?”
That’s when Ficarra slapped me on my head.
“Why are you hitting me?” I cried.
“To get your attention,” she said.
“I’m trying to help,” I said. “I’m trying to help, I’m desperately trying to help.” (WTBH: 88)
This makes no sense. They already have Knox’s attention, and she is having no difficulty giving them a factual response to their repeated question, “Who’s Patrick?”
It is difficult to explain any logical motivation for that slap in terms of any of the three suggestions Knox has made so far: (1) because she couldn’t remember a fact correctly; (2) because she failed to answer the repeated question “Who’s Patrick?” quickly enough; or (3) to get her attention. She’d got the fact right, she’d answered the question, and they already had her attention.
Knox then provides us with a fourth version of possible reasons for the alleged slap. She describes the following encounter between herself and Rita Ficarra on their way to lunch at around two o’clock on Tuesday afternoon:
With my sneakers confiscated, I trailed [Ficarra] down the stairs wearing only my socks. She turned and said, “Sorry I hit you. I was just trying to help you remember the truth.” (WTBH: 94)
Once again, this makes no sense in the context of a blow to the head while waiting for a reply to the question, “Who’s Patrick?” It is perfectly true that Patrick Lumumba was Amanda Knox’s boss, and she had already correctly answered the same question twice, by her own account.
These are the four main WTBH versions of how Amanda Knox was struck on the head by Rita Ficarra. Perhaps she hopes that readers will choose the one they like best and will ignore its discrepancies with the others.
When testifying in court, however, Knox provided three further versions of the same alleged incident.
First, when asked to explain why she had stated in her witness account that Meredith Kercher had had sex before she died, Knox answered that the police had suggested this to her and that they hit her to make her says so in her statement (Knox testimony, June 12 2009).
Second, a few minutes later during the same testimony, she claimed that the police hit her twice before she gave the name of Patrick, to make her give a name she could not give. (WTBH: 227-8; Knox testimony, June 12 2009)
Third, later still, she tells her own lawyer that the police were screaming at her “You don’t remember”, she was struck from behind, and when she turned around she was struck again. (WTBH:227; Knox testimony, June 12 2009)
These are seven different stories Knox has told about how she was hit during her interview. Even her most generous supporters would have to admit that at least six of them must be false. Everyone else in the room at the time has testified that it did not happen.
When Knox published her fantasy claim about appealing to ECHR last month, she neglected to mention that she was hit. This essentially confirms what has been obvious for some time: Rita Ficarra did not hit Amanda Knox during the interview.
Nobody did. All seven stories are false.
5. “She was screaming in Italian, ‘Aiuto! Aiuto!’”
However, Sollecito provides an ear-witness account of Knox’s traumatic interview, claiming that he could hear her shouting from where he was being interviewed in a nearby room. Here’s his version:
Then came a sound that chilled my bones: Amanda’s voice, yowling for help in the next room. She was screaming in Italian, “Aiuto! Aiuto!” I asked what was going on, and Moscatelli told me there was nothing to worry about. But that was absurd. I could hear police officers yelling, and Amanda sobbing and crying out another three or four times. (HB:33)
If Sollecito’s aim here is to invent a story even more ridiculous than Knox’s, he has succeeded.
For one thing, it does not match any of Knox’s seven stories about how her interview went. But even on its own terms, Sollecito’s story makes no sense. If we imagine for a moment an Italian witness or suspect being interrogated in Italian by Italian officers in an Italian police station, what possible motivation could such a woman have for shouting “Aiuto!”? Who could she be hoping might conceivably respond to her call?
How much more absurd, then, to suppose that an American woman accompanied by an interpreter would shout “Aiuto!” when by her own account she was trying to help the police with their inquiries at that point.
Perhaps Sollecito wants us to believe that Knox was offering to help the police with their inquiries, and Donnino was loudly translating it to “Aiuto!” at this point. Or perhaps, as is often the case with Sollecito, he has given so little thought to his lies that he has not made the slightest effort to make them believable.
There are other occasions when Sollecito is cavalier with the credibility of his explanations for the evidence against him. For example, when confronted with evidence that the victim’s DNA is on his kitchen knife, he suddenly remembers an occasion when he accidentally pricked her while cooking.
(Astonishingly, he repeats this absurd fiction on page 49 of Honor Bound, although he shifts the pricking to Via della Pergola and makes it a knife local to there, since it is obvious that the victim had never visited his own apartment.)
Or again, on being confronted with the (incorrect) evidence that his shoeprints have been found at the scene of the crime, he speculates to Judge Matteini that someone might have stolen his shoes and committed the murder in them. (HB:42)
Even today, Sollecito is currently making a public appeal for funds for his defense, pleading financial hardship, while taking lengthy vacations in the Caribbean, with photographs of his tropical lifestyle appearing in Oggi.
In his book, Sollecito also decides to make a claim of his own that the police struck him:
One of my interrogators opened the door noisily at one point, walked over, and slapped me. “Your father is a fine upstanding person,” he said. “He doesn’t even deserve a son like you, someone who would stand by a whore like Amanda.” (HB:36)
This is actually one of his more plausible stories. He has not named the officer, and he has created an incident to which there are no witnesses; he gives the impression that he was alone in the interview room when this officer came in.
Of course, he has made no formal complaint about this, nor has he mentioned it before publishing it in his book, nor has he named the officer or given any clue as to his identity. Nevertheless, these details simply stand in contrast to Knox’s libelous allegation, in which she named the officer, gives several contradictory accounts of how the blow occurred, and there are several witnesses all of whom deny that any such blow took place.
6. “Maybe a cappuccino would help.”
Finally, it seems only fair to speak up for Anna Donnino, the much-maligned interpreter who was given the task of accompanying Knox as she made her slanderous accusation of Patrick Lumumba.
Knox describes her arrival at the station like this:
The interpreter sat down behind me. She was irritated and impatient, as if I were the one who had rousted her from bed in the middle of the night. (WTBH:86)
While someone else must have done the rousting, by Knox’s own account it is indeed her fault that Donnino was called into the police station that night. Knox was the only English-speaker present, and she had ignored the police’s request that she stay home while they interviewed Sollecito.
Although Donnino must have had every right to feel irritable and impatient, Knox gives little evidence of it in her transcript of the interview. On the contrary, Donnino patiently volunteers an explanation that might attribute Knox’s self-contradictory stories to trauma and stress rather than deliberate lying.
Amanda Knox has often repeated her assertion that police called her a liar during that interview. For example, in the movie-trailer-type excerpt at the beginning of Chapter Ten, she writes:
They loomed over me, each yelling the same thing: “You need to remember. You’re lying. Stop lying!” (WTBH:80)
However, in the more detailed version that she gives on pages 83-90, she does not mention a single police officer calling her a liar. Only once do the police even ask her “Why are you lying?” (WTBH:88) The only person to call Knox a liar, in her account, is Anna Donnino, in the following passage:
“In English, ‘see you later’ means good-bye. It doesn’t mean we’re going to see each other now. It means see you eventually.”
In my beginner’s Italian, I had had no idea that I’d used the wrong phrase in my text to Patrick—the one that means you’re going to see someone. I’d merely translated it literally from the English.
The interpreter balked: “You’re a liar.” (WTBH:87)
The verb “balked” makes no sense here, and so let us charitably call it a printer’s error for “barked”. However, that is the only instance of Knox being called a liar her entire remembered account of the interview.
It seems that she is so reluctant to admit to having said anything that her readers might think sounds like a lie that she forgets this gives the police no context for calling her a liar. This in turn means that the only “lie” she can be accused of is her demotic interpretation of the English phrase “see you later”, in which she presents herself as correct and Anna Donnino getting it wrong.
Ironically, Anna Donnino’s next intervention, for which there are several witnesses including Amanda Knox herself, is clearly intended to suggest that failing to remember the details of a traumatic event properly may NOT be an indication of lying, but instead may be the result of the stress of the trauma:
The interpreter offered a solution, “Once, when I had an accident, I didn’t remember it. I had a broken leg and it was traumatizing and I woke up afterward and didn’t remember it. Maybe you just don’t remember. Maybe that’s why you can’t remember times really well.”
For a moment, she sounded almost kind. (WTBH:88)
“Kind” is a key word for Amanda Knox, and she continually judges people by whether they are kind to her. On this occasion, she is quite right: Anna Donnino does sound kind and helpful in volunteering this intervention. It is not a kindness that Knox would repay, however. On the contrary, in her later account of the trial, she is scathing of prosecutor Mignini’s description of Donnino as “very sweet”:
As for my interrogation at the questura, Mignini described the interpreter— the woman who had called me “a stupid liar” and had told me to “stop lying”—as “very sweet.” “I remember that evening how she behaved toward Amanda,” he said. (WTBH:244)
Knox has evidently forgotten that she has failed to mention anybody at all calling her a “stupid liar” during the interview, or that anybody told her to “stop lying”. Even her claim that Donnino called a liar over a translation error is illogical and is out of keeping with Donnino’s subsequent intervention.
Knox has also forgotten that the only other mention she makes of Donnino at the questura is in the following passage, from the day before the interview. While Knox is going over the events of the night of the murder in her mind, she reports:
“…the interpreter walked by, looked at me, and said, ‘Oh my God, are you okay?... You’re pale… Maybe a cappuccino would help. Come with me.” (WTBH: 76-77)
Once again, Knox unwittingly provides evidence that supports Mignini’s description of Anna Donnino, and undermines her own. Once again, she unwittingly provides evidence that her human rights were perfectly safe at Perugia police station.
7. “What does this say about my memory?”
The accounts of all three defendants in this case are so obviously fictitious that the subject should no longer be open for discussion. Any level of reasonable doubt that might have been acceptable to the Hellman appeal court has been removed not only by the Italian Supreme Court but even more so by the self-penned accounts published by Knox and Sollecito themselves.
Their bizarre and delusional writings will appear incredible to any objective reader who troubles to read them. The physical evidence against them - the DNA, the footprints, the knife, the faked burglary, and so on - only serves to confirm the most likely explanation for their wildly unbelievable stories - namely that they are lying to cover up their involvement in a brutal murder.
Given that his own account was patently fictitious, Guede has been fairly well advised to opt for a fast track trial which offers a reduced sentence and an abbreviated process. (Better advice might have been to plead guilty, but that is for him to choose.)
As a result, he will be eligible for parole relatively soon, even as the longwinded trials of Knox and Sollecito grind toward their conclusions. Whether or not it is right and fair for Guede to be given that parole is a separate question that will be considered in due course - even his expressions of remorse sound false and are undermined by his continuing refusal to give a plausible and honest account of what happened that night.
However justice systems all over the world are obliged to balance the rights of victims against the rights of defendants, with resultant compromises that are often uneasy and unsatisfying. Victims’ families may want the truth, but the perpetrators don’t always want to tell it.
The situation for Knox and Sollecito is different because their preposterous stories have been shored up by a coterie of supporters who in the long run have done the two defendants no favors whatsoever.
The pair have chosen the full trial process which may have postponed the final decision for several years, but which is also likely to result in much lengthier prison sentences.
It is too late now for Knox and Sollecito to opt for a fast track process, and everyone, no matter how ill-informed, can surely agree at least that the path they have chosen has been painfully slow and longwinded.
But there were many other options that, although previously open to them, have now been closed down by their supporters’ stubborn insistence that the case against them was first concocted by a vindictive prosecutor who took an early dislike to them and was subsequently supported by a vast conspiratorial network of police, judges, journalists, shopkeepers, students, friends and relatives of the victim, and so on.
This conspiracy theory is not only daft, but it provides no help at all for the two people at its core whose words and actions remain delusional and psychotic.
Amanda Knox wrote in her memoriale, “Is the evidence proving my pressance [sic] at the time and place of the crime reliable? If so, what does this say about my memory? Is it reliable?”(WTBH 98-9). These words are a clear cry for help.
Whether or not this cry was genuine, or was simply a cunning attempt to diminish punishment, is a matter that could and should have been determined at the time by a qualified psychiatrist. Instead, Knox was provided with a set of lawyers and a PR firm both of whom were set the task of claiming and proving their client’s innocence.
Her false allegation against an innocent man was then explained as resulting from a coercive police process - another ludicrous claim, contradicted by all the available evidence, including the self contradictory accounts published by the defendants themselves.
Knox and Sollecito are damaged individuals whose grip on reality is loose and whose delusional ramblings suggest that they need urgent psychiatric help. Instead, their fantasies have been cocooned by highly vocal supporters who have enabled the fantasists to maintain a series of fictions that, in the final analysis, will almost certainly fail to stand up to legal scrutiny.
Archived in Officially involved, Amanda Knox, The defenses, Diversion efforts by, The Knox-Mellases, Other legal cases, Others elsewhere
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Thursday, December 05, 2013
The Rise And Fall Of “Frank Sfarzo” And How “Sfarzogate” Ripples On And On
Posted by Ergon
[Image is from Francesco Sforza’s early days in Seattle last year when he felt he was riding very high]
December 06, 2013. Francesco Sforza also known as Frank Sfarzo is due to appear today in a Florence criminal court.
He is charged with aggravated defamation (art. 595 of the Italian Criminal Code) against the Deputy Prosecutor General for Umbria (Perugia’s region) Dr Giuliano Mignini, because he is a very senior officer of the court, with the alleged intention of obstructing justice on Knox’s behalf.
The charges refer to multiple accusations of criminality Sforza made online on his now hidden or defunct blog “Perugia Shock”. A prison term is unlikely if found guilty at this one trial, but the problem is that he faces a trial for violence against police in Perugia as well.
Who is Frank Sfarzo? Is he “a Perugian blogger and investigative journalist” and “personable black haired man with intense brown eyes”? (Candace Dempsey, who relied extensively on his personal contacts and blog for her book “Murder In Italy”)
Or as journalist Andrea Vogt wrote in a May 27, 2009 Seattle PI article,
Dempsey was one of the first U.S. bloggers to post key court documents. (Sourced from Sfarzo) She is now writing a book on the case. The other defense site is Perugia Shock, the first blog about the case, which started Nov. 2, 2007. Perugia Shock’s comment threads are home to some of the most heated Knox-related exchanges online.
Perugia Shock is hosted on a California server and financed by an American firm, according to the Perugia-based blogger who covers the case and operates the site under the alias “Frank Sfarzo.
“Also known as Frank Sfarzo, this home-spun blogger set up his blog “Perugia Shock” the day after (sic) Meredith’s body was found. The Knox family initially relied on his local intelligence, and he exchanged videos and information with pro-Amanda Seattle blogger Candace Dempsey”. Source: Darkness Descending page 324.
The journalist Barbie Nadeau has this to say about Sforza in “Angel Face” pages-89-91:
The first blog dedicated to the crime, Perugia Shock, was set up on November 02, 2007, the day Meredith’s body was discovered. The blogger, Frank Sfarzo, a skeletal man with a waxed crew cut, ran a student flophouse in town and believes that he missed a call from Meredith while she was looking for lodging.
When I later asked him in an e-mail why he started the blog, he explained the connection and described how Meredith had looked at the coroners: “Seriously, she was so beautiful and sweet, she seemed to be alive, with the mascara on her eylashes (sic), just like ready to go out.
“Sfarzo hid behind the handle, “Frank the blogger,” and he would never confirm whether he actually saw Meredith on the autopsy table or simply saw the coroner’s photos. (He saw the photos, and obtained copies) He ingratiated himself with several clerks and cops around town and, curiously, often had a document no one else could get or a scoop that beat out the rest of the press.”
He started out as an objective observer, slightly sympathetic to Meredith, but became a rabid proponent of Amanda’s innocence. He was the quintessential blogger—a smart, cryptic, insomniac. Even the chief prosecutor, Giuliano Mignini, read his posts.
Mignini always believed that Frank’s blog was intellectually inspired and financially subsidized by Mario Spezi, the Italian journalist who covered the Monster of Florence serial killer for La Nazione. During the 1970’s and 80’s, several couples were murdered as they made love in their cars in the foothills around Florence. Spezi followed the investigation for years and pinned his reputation on a theory of the case that Mignini disputed. Eventually, Mignini had Spezi jailed for obstruction of justice and tampering with evidence.
Note: this is how the American fiction writer Douglas Preston got involved with Spezi, and latched on to the Meredith Kercher murder case as a way of getting back against Mignini, also supporting Frank Sfarzo behind the scenes.
Why is Frank Sfarzo so important to this case? It is about public perception about the guilt, or innocence of Amanda Knox and Raffaele Sollecito, and how he was the source of many of the myths about the case and prosecutor Giuliani Mignini that have made it into the mainstream media. Yes, he had many police files, improperly obtained, and insecurely kept.
This article is the first of a series of posts about his activities in that regard, the true story of his so called ‘persecution’ by Dr Mignini, and the financial and other support he received from the supporters of Amanda Knox and Raffaele Sollecito, and their families. He even hid his relationship with OGGI magazine.
It reveals why he really fled Italy to America, attempting to get a green card in the process, and the many cases of assault that are still outstanding against him. It details the story of his arrests for assault in Perugia, Hawaii, and Seattle, and the circumstances of his expulsion from Canada.
It will tell how he received tens of thousands of dollars in ‘donations’ from prominent supporters of Knox and Sollecito funneled through Bruce Fischer’s organizations “Injustice in Perugia” and “Injustice Anywhere” as well as his and other people’s PayPal accounts (I have the details) And it will detail the behind the scenes efforts to influence the case using Frank Sfarzo as a source for the allegations against Mignini through websites like IIP and Ground Report, which then made its way into the media.
This series will also reveal much about Frank Sfarzo, the man. Someone who believed primarily in Knox’s guilt (with Sollecito as the roped in sex-slave) it shows a flawed being willing to compromise himself to make money, and also, fulfill his long held dream to have ‘books written and movies made’.
In the course of this investigation, I met with and interviewed many previous supporters who now wish they had never met him, and some, who even, conclude that his reporting on the case was based on self-serving lies. The behavior of those that enabled him also comes under scrutiny, and, their attempts to intimidate people into not speaking up about his actions.
They indeed, had much to hide.
This report is based on the hundreds of posts I made on him at PMF dot Net, with much help from the posters and editors there and at PMF dot Org. It was heartening to see the cooperation between the two sites and thanks are due to them, and also to Peter Quennell, who first invited me to join the Meredith Kercher community three years back (I’d been posting on the case at Huffington Post previously)
What will happen to Frank in court? I do not know, but it does appear, that the falsehoods he spread are beginning to unravel. I see he has surfaced again, after hiding from the authorities for so long. Reporting on Bruce Fischer’s blog, he writes “they attack me for speaking up”. No, I’m sorry. In this, as it always has been, the blogger Francesco Sforza, also known as Frank Sfarzo, is the author of his own misfortune.
Part II of the series, “The Sfarzo~Gate Papers”, will be published here next week. ~Ergon
[Below: This picture has a story behind it. Frank Sfarzo stayed almost two months at the Mellas household, and was later shunted off to various supporters when he made a sexual move on Amanda Knox.]
Archived in Diversion efforts by, The Knox-Mellases, Francesco Sforza, Michael Heavey, Steve Moore, Bruce Fischer, More sockpuppets, Other legal cases, Associated trials
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Friday, November 22, 2013
US Judge Startles Legal Watchers By Overturning A Unanimous Verdict: Is This Hellmann Part Deux?
Posted by Peter Quennell
Martha Moxley’s murder 1975
Martha Moxley’s is a case with quite a few similarities to Meredith’s case - and after 38 years it has once again flashed back into the US news.
Greenwich, where 15-year-old Martha lived, is a few minutes drive up the Long Island Sound shoreline from New York City. Great wealth resides there. It is the US zip code with the highest family income and net wealth, and there are many mansions set in large estates.
The brutal murder of Martha happened on Halloween Night of 1975. She was beaten to death with a golf club by someone around 10:00 pm soon after leaving a Halloween party at the Skakel house across the street. No physical evidence ever tied anyone to the crime.
The main suspects in the case
Michael Skakel was a close neighbor (with his large family, he lived in a mansion diagonally across Walsh Lane from Martha’s smaller one-storey house) and a school classmate of the same age as Martha. He had a troubled record of misbehavior and substance abuse (he was later sent to a special school) who Martha’s diary later revealed had a history of pestering her. The golf-club came from the Skakel house.
He was not the only suspect. A new tutor at the house was long considered. And Greenwich police first interviewed and polygraphed his brother Tommy, who was very friendly with Martha, and with whom she was seen flirting at the party at the Skakel’s house the same night. Between the two brothers, there was bad blood.
Read here the final entries in Martha’s diary which seem to show her attraction to Tommy but none at all to a jealous Michael.
Michael Skakel’s conviction in 2002
Michael Skakel over the years (seemingly proud of himself, and sounding quite like Sollecito) came to hint and even openly claim more and more that he was the one that killed Martha. Skakel also claimed to have been up in a tree or a treehouse peeping through windows on the same night. An alibi that he was across town during the party at his house fell through.
In 2002, after these pointers to himself reached critical mass in police investigations and various books and reports, he was put on trial and unanimously found guilty by a jury, and then (controversially) sentenced as an adult to 20 years to life. As with Sollecito and Knox in Italy, the vast majority of the population thought it was a fair cop.
There are of course some differences between the two cases.
In Perugia the police and prosecutors really did do a good job and didnt blink under the considerable pressure of TWO families and TWO defense teams playing all manner of dirty tricks. They never backed off, whereas the Greenwich police (who never called for outside help) seem to have become timid and indecisive and simply wanting the case to go away. And in Martha’s case DNA has not yet reared its intrusive head.
But the two cases also have a lot in common.
Commonalities of Martha and Meredith cases
1) Martha was younger than Meredith but given time would have emerged to be a very similar girl. She also was ambitious, talented, hard-working, eye-catching, witty, and the apple of their eye of various boys which might have sparked jealousies in some.
2) The attack involved a number of ferocious blows over several or some minutes with a golf-club, suggesting not a burglar or prowler who did not know Martha but someone who did know her who was in a considerable rage. The golf-club broke, and the shaft was thrust through her neck. She was then dragged alternatively face up and face down quite a few feet to a place under a tree. There was a lot of blood, and as some of her clothes were down there may have been a simulation of a sex crime.
3) The rich and connected Skakel family (among which Michael did not stand out as the major achiever) was not especially helpful in the investigation, and they blocked certain important moves by the Greenwich police. They have spent huge sums of money (possibly up in the millions) on lawyers and detectives and still do. Theirs was a fairly sharp-elbowed media campaign and it looks as if it was driven more by family reputation (the Skakels are related to the Robert Kennedys by marriage) than by deep conviction that Michael was a good boy.
4) The evidence presented was a mosaic that had been accumulated over time. Alibi and behavior mattered a lot. It required very close attention to absorb it all and to assemble it into an incriminating pattern. At trial prosecutors did a good job. In this case no incriminating DNA was found at all, although it is possible that for the new trial new tests will be done on Martha’s clothes. The conviction by 12 jurors was unanimous. They did a very careful job, and their deliberations lasted four days. Those who seek to argue that they have it wrong usually pick on isolated points.
5) Various books have been published to explain the case. The most-read book is by ex-police-detective Mark Fuhrman titled Murder in Greenwich published by HarperCollins (Amanda Knox’s publisher) in 1999. He claimed he broke the case though police said they needed no help.
6) There are several websites like PMF and TJMK with no vested interest at all which seek to keep the victim’s presence alive, and to seek justice for her in face of many attacks and dirty tricks. See the forum Campy Skakel here and the website MarthaMoxley dot com which is or was being run by Tom Alessi who was a classmate of Martha at school.
And the sudden new situation
Now Connecticut’s Judge Bishop has decided that Skakel didnt get the best of defenses by the high-profile legal talking head Mickey Sherman (who back then seemed to be hired for his high public profile) and noted several things Sherman could have done. Also the evidence seemed to Judge Bishop to be slim (what, no DNA?!). So he has ordered that Skakel can face a new trial.
A second judge has just released Michael Skakel on $1.2 million bail and he must wear an electronic bracelet in case he decides to skip. He will apparently head for a secret location to wait for the new trial to begin.
Although Judge Bishop is well qualified (unlike Hellmann) and seems impartial and detached, he has startled the legal community and crime followers by going against both a well-informed trial jury which really saw a lot of evidence and against a whole row of previous judges who had considered and declined Skakel’s requests for appeal.
Judge-shopping till the “right one” appears is often how big money wins out, and the general US reaction to the annulled verdict seems to be “What?! Not again?!”
Michael Skakel may perhaps win at a new trial with new lawyers and a new strategy - there is still a theory that his brother Tommy really did the crime, though the Skakel lawyers may not be allowed to play that card.
However, as in Meredith’s case, legal and public opinion is against him, and Martha’s mother and the victim websites still fight on bravely.
[Below: Michael Skakel(right) with defense lawyer Mickey Sherman in 2002 who he now says let him down]
[Below: Directly ahead is where the crime took place; a new mansion has replaced the Moxley home ]
[Below: The Skakel mansion, which is diagonally across Walsh Lane from the old Moxley home]
[Below: Mark Furman’s diagram of his scenario of the murder in “Murder in Greenwich”]
[Below: Judge Bishop of the Connecticut courts who has ordered a new trial for Skakel]
Archived in Appeals 2009-2014, Hellmann appeal, Hellmann outcome, Other legal cases, Others elsewhere
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Wednesday, November 20, 2013
The Considerable Number Of Suspected Perps That Countries Extradite Daily To Other Countries #2
Posted by Peter Quennell
Extradition: a hardball game.
Complete refusals of extradition by any countries other than Russia and China seem increasingly rare, as that can cause a rebound effect and economic retaliation in response. The United States very rarely refuses to extradite.
If anything, the US is stepping up the pace of its extradition cases - both ways. The US at federal and state level is at any one time processing hundreds of requests, and transporting suspected perps back and forth.
These are some of the high-profile extradition cases in today’s news:
The US/Italy Robert Lady case
The twists and turns in the story of the fugitive from Italian justice and former CIA chief in Milan Robert Lady were last posted on here. He scampered out of Central America back to the United States mid-2013.
But now official Washington seems to be giving Mr Lady a very hard time which may have him voluntarily headed to Italy to seek a break.
When the anniversary of 9/11 came around this year, Robert Seldon Lady was moving between low-end hotels around Miami. An international arrest warrant keeps him from returning to his home in Panama. He says he’s flirting with personal bankruptcy, fears for his life, and is “getting pretty desperate.” His marriage is broken. He blames this hard luck on his former employer, the Central Intelligence Agency
Mr. Lady helped CIA contractors and agents snatch an Egyptian Islamist off the streets of Milan and deliver him to an interrogation cell in Cairo. This so-called extraordinary rendition—one of 130 or so carried out by the Bush administration—set in train events that soured America’s relations with Italy and upended the life and career of Mr. Lady and other CIA agents.
Saying “I’m fed up with all this,” Mr. Lady has some extraordinary steps in mind to change his fate. His actions and outspokenness are going to add to the discomfiture of his former bosses at Langley over this messy episode from the early days after 9/11.
If the muddle-headed Knox and Sollecito enablers can find any solace in that, good luck. Mr Lady was a top government employee, who claims he was doing only what he was told.
The Brazil/Italy Henrique Pizzolato case
Believe it or not the former director of the Bank of Brazil has fled to Italy to ensure a fair trial.
Sentenced to 12 years and seven months in prison for bribery, embezzlement and money laundering, Pizzolato announced in a letter that he fled to have, according to him, a new trial in Italy “removed from politics and electoral motives” and in “a court not subject to the impositions of the media”.
Brazil might ask Interpol for a “red notice” which is the highest form of international arrest warrant and often has the same wanted result as formal extradition.
A red notice chills renegades’ possibilities worldwide.
In fact so tough is life on the lam under a red notice that perps often simply cave before too long, and head back to defend themselves or pay their dues without any court moves or official transport required.
The US/Italy Raoul Weil case
Finfacts reported on this case last month.
Raoul Weil, a former UBS wealth management chief, was arrested last weekend in Italy and faces extradition to the United States to answer charges of aiding and abetting tax evaders.
Weil left Switzerland’s biggest bank in 2009 after he was declared a fugitive from US justice by ignoring a criminal indictment issued in 2008. UBS was forced to pay a $780m fine in 2009 after admitting to actively assisting US tax evaders to break US law.
Several Swiss bankers and lawyers have since been indicted in the US for their alleged role in helping wealthy US citizens hide their assets from the tax authorities.
Weil is one of the most high-profile of the accused as a then head of UBS’s wealth management and he is now a temporary resident of an Italian prison, likely fearing a longer spell in a US one.
A Florida court indictment charged Weil with having a prominent role in aiding UBS’s US clients to hide around $20bn in undeclared assets between 2002 and 2007.
He however has strongly denied the allegation but would not risk defending himself in a US court.
Italy is giving Mr Weil a pretty hard time and accedes to all American extradition requests except where the death sentence might be involved.
The US/Russia gangsters case
The US is trying hard to get some Russian gangsters (okay, alleged gangsters) extradited from countries around the world and Russia is resisting this “extraterritorial application of America law”.
U.S. organized crime experts say Russian criminals working overseas often have connections within the Russian government, and that the Russian government’s defense of them is designed to keep those links from emerging in public light….
In the past six months, Russians have been a frequent target of arrest warrants executed at the request of U.S. prosecutors.
On Aug. 1, the Dominican Republic extradited 24-year-old Aleksandr Panin to stand trial in federal court in Atlanta on charges related to cyberscams using SpyEye malware, which enables the theft of online banking information. Panin is accused of stealing $5 million from U.S. banks.
In mid-August, Lithuania extradited an alleged arms dealer, Dmitry Ustinov, to stand trial in the United States for allegedly negotiating to sell restricted night-vision goggles. He faces a 20-year sentence.
Another Russian, Dmitry Belorossov, was arrested at the Barcelona airport Aug. 17 upon triggering an Interpol fraud alert. Belorossov’s extradition to stand trial in the United States is pending.
When U.S. prosecutors seized Liberty Reserve in late May, they said the company had laundered “more than $6 billion in criminal proceeds.” Liberty Reserve allowed clients anonymity and offered them a digital currency, known as an LR, to facilitate payments for criminal activity.
The US/Spain Javier Martin-Artajo case
Banker Javier Martin-Artajo now in Spain is refusing to be extradited to the United states - because the crime he is accused of took place in England. Good luck with that one. JP Morgan Chase Bank has just paid a huge fine in the US so THEY accept the crime took place there.
Archived in Appeals 2009-2014, Knox extradition, Other legal cases, Others Italian, Others elsewhere, The wider contexts, American context
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