Judge Massei's report on the sentencing of Amanda Knox and Raffaele Sollecito can be read online, printed out, or downloaded here

Category: Truth on Mignini

Tuesday, July 20, 2010

That Widely Watched LA7 TV Interview With Giuliano Mignini - Herewith A Full English Translation

Posted by ziaK

This is a translation of the YouTube video posted by my fellow poster True North two weeks ago.

Many readers asked for a translation of what Mr Mignini said in that interview, and True North, who has pretty good Italian but is not a professional translator, requested some help from the translation team. The sound of the video is not always crystal clear but this appears to accurately reflect what was said. 

Male interviewer: In the biological evidence, is there any one item which is the one which you consider, especially in terms of the trial, to have had the most value?

Giuliano Mignini: I think that, in terms of the trial, the most important were the knife, the bra hook and also the biological traces in the bathroom. From the point of view of the trial, the knife certainly links the two defendants and the victim. Therefore it was (interrupted).

Andrea Vogt: There was low copy number, and that’s not normal, is it, to use DNA when there’s low copy number?

Giuliano Mignini: However, I hold that those traces were nonetheless indisputable traces. That is, there was not an absolute huge amount, in terms that are perhaps more understandable [ndt: to an Italian speaker, “low copy number” is not necessaryily understandable, because it is an English term]. The trace might be really high, with a high quantity, or it may be very low, but however the trace may be, it was never reasonably explained in any other way. That knife was never touched by the victim. She was never (inaudible: possibly “at Raffaele’s”] during the period that the two young folk, the two defendants, knew each other. It was a very short period: we think the relationship was (inaudible) or a week.

Male interviewer: Certainly. However, (inaudible) limited, either a contamination in the place of the crime or a contamination in the laboratory? This is not meant as a criticism of the work, however it is a danger that we technicians have which we must confront.

Giuliano Mignini: Yes. Well, that point about the knife comes from the specific questions of Professor Finsi himself, and of the Superintendant (Parebiochi?), and it was clearly shown that that knife was collected with absolute… that is, there was no possibility of exposure to contact [with the victim?]. Because it was found in Raffaele’s house and it was take with all precautions. This was shown in (inaudible). I was keen to show that (inaudible) that knife.

Andrea Vogt: Also the hook was very controversial because you found it 46 days after.

Giuliano Mignini: Yes, yes. I know. I understand. This, alas, can happen when there are places that are so full of objects, full of… When one is doing an analysis of this type, it can happen that (inaudible) is moved. However, it remained within that room. And (Andrea Vogt interrupts). And then, if there is contamination, that means that Sollecito’s DNA was somewhere within that room. We’re still there (i.e. at the same conclusion). I think that all the evidence was limited [ndt: to the one place?], and the first findings were of an investigative nature. In particular, that includes the numerous contradictions made by Knox. Which were then repeated during the investigation, during the interrogation in jail, and in my opinion also during the questioning and counter-questioning in court.

Andrea Vogt: I want to talk a bit about the motive.

Giuliano Mignini: As a first impression of the [inaudible: crime?] it was clearly, it appeared clearly to be a crime of a sexual nature. It was extremely clear. A young woman, killed in that way, and almost completely stripped/naked.

Male interviewer: Excuse me, but on the contrary, at times I have heard attributed (inaudible) a different reason, a fight which ended badly, and then instead a transformation of the crime to put forward the idea that it was a sexual murder. Also because, in fact, the position of Rudy, who was however found guilty, also from the beginning changed a bit. There’s his responsibility.

Giuliano Mignini: Also Rudy gave indications which then changed a bit. Rudi too, for example, said that there was an appointment with Meredith. Then in later interrogations he said that Meredith had asked for him to be there, and (Male interviewer interrupts: The reconstruction [by Nabil?]: what could have happened?). Yes, according to me, there was a situation, a progressive situation of disagreement between the two girls. That seems undeniable to me.


Tuesday, July 06, 2010

First Of Three Excerpts In Italian from LA7 Program On Meredith’s Case

Posted by True North

Thanks to TJMK poster Cesare Beccaria for the video links. We posted some background last Friday.

The male reporter asks Prosecutor Mignini what was the most damning evidence in this case? Mignini replies: the knife, the bra clasp, and the mixed blood traces in the bathroom.

Mignini stands firm when answering Andrea Vogt’s repeated question of what about “the low copy numbers?” He asserts that it was indisputably Meredith’s DNA on the knife. There was never any transfer or contamination of DNA on the knife because Meredith never touched it nor had she ever been to Sollecito’s house.

While admitting that the bra clasp had not been retrieved until 46 days later, there was never any transfer or contamination of DNA on the clasp. He stresses that the bra clasp never left Meredith’s room and yet still had plenty of Sollecito’s DNA on it.

*********

Added: As suggested in Comments below, there seems very good reason to translate all of Mr Mignini’s remarks, and we will be posting a full transcript of this video one day this week.


Thursday, January 28, 2010

What His Florence Conviction Means For Giuliano Mignini And The Case

Posted by Commissario Montalbano


The short answer seems to be that it won’t really mean very much.

Above at center is Prosecutor Giuliano Mignini, and at bottom here is the best-selling crime writer Michele Giuttari, who is the former head of the national Serial Killing Investigation Division.

The prosecutor in charge, Luca Turco, had requested sentences of 10 months for Mignini and two and a half years for Giuttari.

According to the prosecutor in Florence, Giuttari and Mignini had conducted illicit investigations, with interceptions and/or with the opening of files, on some police officials, including the former Chief of Police of Florence Giuseppe De Donno and the former director of external relations Roberto Sgalla..

They also investigated journalists such as Vincent Tessandori, Gennaro De Stefano and Roberto Fiasconaro with intent to influence their work or to punish them, because they maintained critical attitudes toward the behavior of Giuttari with the press, or regarding the investigation into the death of Perugia Medical Doctor Francesco Narducci.

Narducci was found dead in Lake Trasimeno, to the west of Perugia, in 1985, and he had been a suspect in the Monster killings. At first it was presumed to be a regular drowning.

However, years later, as a result of some wiretapping for unrelated extortion cases, and thanks to some anonymous claims that Narducci was part of a satanic sect which had commissioned the monster’s killings, and had been killed by members of the same sect, the prosecutor in charge (Mignini) reopened the Narducci’s case.

The body was exhumed in 2002 and they found out during the new autopsy (no autopsy was done done in 1985) that he might have been in fact drugged and strangled.

There have been some investigations following that autopsy finding dating to 2004, and apparently some turf wars between the prosecutor’s office in Florence (which was in charge of the Monster case) and the one in Perugia (which was now in charge of the Narducci’s case.

It seems that in spite of an indictment of a pharmacist in Mercatale (the town near Florence where one of the 3 monsters was from) and a dermatologist, the mystery of the murders haven’t been solved as yet.

Mignini was charged with an abuse of office for his investigations. He was also charged for abuse of office relating to some parallel investigations by the prosecutor’s office in Genoa, which was investigating Giuttari for making false declarations to a prosecutor in Florence, Canessa, who was the Prosecutor in charge of the investigations in Florence relating to the monster after the Narducci’s case was revived in Perugia.

Apparently there were disagreements between Canessa in Florence,who wanted to forget about the case, and Mignini, who thought there was a need to investigate these allegations that there was a sect that was actually commissioning and buying the body parts from the monsters (the actual killers were three friends, all convicted and now passed away).

The monsters’ modus operandi was to kill the couples and to cut off the left breast and the genital area of the woman killed using a scalpel, which is why doctors tended to be suspected at the time.

Now for the legal ramifications.

First of all Article 27 of the Italian constitution says that a defendant is innocent until found guilty with a definitive sentence (i.e. only after the Supreme Court upholds the conviction in the second and last appeal).

Therefore in the eye of Italian law Mignini is actually still innocent until all appeals are exhausted.

Second of all, all sentences of 2 years in prison or under are automatically suspended, even when definitive, if one has no prior conviction. If within the next five years the defendant doesn’t commit any crime, the sentence is totally expunged. If instead he commits another crime than the suspended sentence is also applied, and the defendant has to serve it.

The suspension applies to both the prison term, and also to the interdiction from holding any public offices (which comes automatically with any conviction).

As a result of the above, Mignini will be able to continue his work in the Kercher case with no consequences.

Of course this conviction will be exploited by some US media to discredit the Italian justice system further, and in particular this prosecutor and his handling of the Knox investigation as well.

Whether that will have any effect on the outcome of the Knox/Sollecito appeal case, I doubt it. But it will generate bad publicity for sure. Maybe, given the international profile of this case, it might be expedient for Mignini to request to be taken off this particular case while his appeal process goes on, but I doubt that in face of all the attacks he has weathered he would want to do that.

Also note that, although Mignini will assist the Procuratore Generale in the appeal,his own office is not competent at the appeal level, and therefore Mignini will not be arguing the case in court at the appeal level.

There are 3 separate types of Prosecutor’s offices in Italy, each competent for a certain level of trial.

1st Level.: Procura Della Repubblica

This office comprises the Procuratore della Repubblica (State Prosecutor), assisted by various Sostituti Procuratori della Repubblica (Assistant State Prosecutors). Mignini and Comodi are two such Assistants (Sostituti).

This office is competent for arguing on behalf of the State before the Tribunal and before the Court of Assizes (the latter tries serious crimes for which the Penal Code calls for at least 24 years in prison as the maximum sentence)

This Office (Procura della Repubblica), of which Mignini is part, tries only at the first trial level. These magistrates are not the competent offices for representing the State at the appeal level. That tasks falls into the hands of the office below

2nd Level (appeal level). Procura Generale Della Repubblica Presso La Corte D’appello E La Corte D’assise D’Appello

Long name, but the key words are GENERALE and APPELLO. That’s a sort of District Attorney General office before the Courts of Appeals. It’s composed of a Procuratore Generale Della Repubblica (District State Attorney General) assisted by various assistants called Sostituti Procuratori Generali Della Repubblica.

This office is competent for representing the State at the Appeal level both at the Court of Appeals and at the Court of Assizes of Appeals. This is usually argued by the Procuratore Generale himself or sometimes he might delegate his Sostituti (Assistants).

The prosecutor’s offices explained above are present in each district (basically each province) and they present the cases for which they are competent before the courts and tribunals in their districts.

If the case reaches the Supreme Court of Cassation, located in Rome, there will be another prosecutor representing the State before that court:

Third level. Procuratore Generale Presso La Suprema Corte Di Cassazione

That’s the State Prosecutor General before the Supreme Court of Cassation. His office is in the Courthouse of Rome. He’s also one of the ‘de jure’ members of the Consiglio Superiore della Magistratura

He will be the one arguing the case before the Supreme Court. Of course he has assistants as well. The office above is the only one in Italy, and as just mentioned it’s located in Rome.



Friday, January 22, 2010

Andrea Vogt Reports On The Mignini Conviction In Florence

Posted by Peter Quennell


Andrea Vogt in the Seattle Post-Intelligencer

The Italian prosecutor who successfully won a murder conviction against Amanda Knox has been convicted of abuse of office.

Giuliano Mignini was convicted on Friday on charges stemming from his handling of a series of killings in Florence. The charges do not involve the Knox case.

Knox was convicted in December of killing her British roommate, Meredith Kercher, and sentenced to 26 years in prison. She is appealing, and it’s unclear how her prosecutor’s troubles will affect her appeal.

On Friday, Mignini was given a suspended sentence of one year and four months, pending appeal.

He will be allowed to continue his regular duties.

The sentence was seen as a way of placating multiple powerful interest in Italy’s longest running unsolved mystery, the Monster of Florence.

The charges from 2006 allegations of unauthorized wiretapping of journalists and others as crimes were being investigated related to the Monster of Florence serial killings in the 1970s and ‘80s.

The abuse-of-office charges against Mignini have made him a lightning rod for criticism from Knox’s supporters, who argue that she was wrongly accused and convicted.

Giuliano Mignini is a lot more popular in Perugia than he has been in recent times in Florence, where he investigated a narrow aspect of the Florence case perhaps too forcefully for some powerful interests.

He noted in an email to a Seattle reporter recently that what he caught secretly on tape was a Florence prosecutor lamenting the fact that his own hands were tied in the Monster of Florence investigation.

Given that, it is perhaps no surprise that Mr Mignini has hinted that he thought the dice might be loaded against him in the first round.

It was Mr Mignini’s own decision to appoint a very senior and respected co-prosecutor in the Knox-Sollecito trial, Ms Manuela Comodi, who handled at least half of the prosecutions’ case.

Now all eyes will be on the judges report on the Knox-Sollecito verdict, due out latest early in March. Judge Micheli arrived at his own conclusions a year ago based on the evidence and testimony in those 10,000-plus pages.

He was perhaps even a bit dismissive of Mr Mignini’s theory - though it was pretty mild compared to what is often portrayed.

To be added when we have it: A clearer reading of the one charge on which Mr Migni was found guilty. Another charge was thrown out today, and several charges were thrown out previously.


Wednesday, December 16, 2009

New Mignini Interview Makes Doug Preston Look Increasingly Incompetent And Vindictive

Posted by Nicki





This is actor Tom Cruise above.

He may produce or star in Doug Preston’s “fact-based” story of the Monster of Florence investigation in which Giuliano Mignini played a very small part very late in the case.

Wow could HE be in for some surprises!! 

We do hope that he consults closely with Mr Mignini. A few true facts might not hurt - might keep him out of defamation court even. To say that Doug Preston’s uninvited venture into real-crime reporting in Italy was a disaster seems a gross understatement.

We know that good Italian reporters think Preston (who apparently speaks little Italian) got the facts of the Monster of Florence case seriously wrong. And his bizarre and overheated afterword in his MOF book on Meredith’s case, added opportunistically later, appears even more wrong.

And Preston’s very brief encounter with Mr Mignini probably ended up precisely as this nosy American really deserved - with Preston scared off Mr Mignini’s case, and reduced to whining childishly from across the Atlantic. 

Here are some of our previous posts on the sliming of Mr Mignini which all seems to have flowed from Preston’s frenetic endeavors.

  • Take a look here at Kermit’s amazing Powerppoints on the compelling evidence for The REAL Railroading From Hell where there are a number of slides illustrating Preston’s own satanic obsessions - believe it or not, Preston actually DOCTORED THEM before trying to shrug them off on his own site.
  • Take a look here and here and here on the sliming Preston seems to have inspired from Seattle - and how Amanda Knox’s own lawyers protested against it.
  • Take a look here at how the BBC interviewed Mr Mignini and found him competent, well-meaning, and quite sane.
  • Take a look here at how the administrative charges against Mr Mignini are slowed and seemingly all crumbling.
  • Take a look here at how Mr Mignini himself in a long email to Linda Byron defends his interrogation of Amanda Knox, and explains what is REALLY behind the one remaining administrative charge against him.
  • Take a look here at how the pro-Knox campaign again misfires in the attacks against him.
  • Take a look here at why Mr Mignini and other Italian prosecutors are actually rather popular.
  • Take a look here at how Mr Mignini and the police and prosecution team have done for Meredith the very best they can.

Now Mr Mignini has done an excellent interview with Claudio Paglieri in Il Secolo XIX.  Mr Mignini waited for a long time to respond to Preston’s falsities and here, after winning at trial, he speaks up to set the facts straight.

He does so with a surprisingly moderate tone, considering the amount and gravity of the offenses hurled at him by the FOA-fueled American media. Perhaps a lesson of civilization and class for Preston and the rest of the money-making gang.

[Claudio Paglieri: Concerning Doug Preston?]

Mr Mignini: I have been patient but now I’ve had it. This guy doesn’t know what he is talking about. I saw him for two hours in all my life, but for years he has been spreading on the Internet his reconstruction of a story of which he hasn’t understood a thing.

And now, perhaps to get even, he’s calling from overseas in the Kercher trial, saying things that are not true.

Giuliano Mignini, public prosecutor in the trial for the murder of Meredith Kercher, has gone in a few hours from accuser to accused. The Amercans didn’t like Amanda Knox’s sentence, and the journalist and writer Douglas Preston is making precise accusations.

Let’s start from the “pending issue” between the two of you. Preston who together with the journalist Mario Spezi was investigating the Monster of Florence, says that you interrogated them for two and a 1/ 2 hours . The next day he left Italy in order not to be arrested.

He hasn’t understood a thing. He is a writer but he doesn’t know the judicial procedures. Reality is different: While I was hearing him out as a person informed of some facts in a proceeding I was involved in, some circumstances emerged that threw suspicion on Preston, ie lying to the public prosecutor.

According to Article 63 of the penal code I told him that he had to get a lawyer, and that I could not continue the interview. I added that for that crime (lying to the prosecutor), based on article 371 bis, I should have waited for the end of the proceeding during which such declarations had been rendered.

He told me he understood Italian well, but obviously it wasn’t so. He claims that I told him to run to America and don’t come back, otherwise I would have him arrested.This is absolutely not true..

Surely Preston was shocked by the interrogation. He says you were quite hard on him

Shocked? What can I say? This is how interrogations are conducted, their purpose is also to accuse.

However, now it’s Preston accusing the methods of the interrogation of Amanda. Is it true she was pressured? And why doesn’t a recording exist?

The first time Amanda was heard as person informed of facts [a witness]. In these cases, because of the urgency, we never record. Then we suspended the interrogation as suspicion of crime emerges. I explained to Amanda that based on article 374 of the penal code - the one on spontaneous declarations - she would have been able to render a declaration [as a witness].

A lawyer should have been present only if I had asked her questions of complicity and/or accused her. But I didn’t asked a thing, practically I had only the function of a “notary public”.

You didn’t record it?

No. I usually do when for example I am in my office. I recorded the declarations of her roommates and of the witnesses. But that night, we were at the police station, there was agitation, and we had to go and arrest Lumumba, who had just been accused by Amanda. Lumumba was later cleared thanks to me

Preston in an article on the Guardian says you are the ones who suggested Lumumba’s name.

It is not true. During the trial, the presiding judge asked her about this, and Amanda clearly answered no.

During the first interrogation [as a witness] Amanda was without a lawyer and without an interpreter.

Another falsity. The interpreter was there, Dr Donnino. I am adding that during the first interrogation in front of the GIP she invoked her right to remain silent. The interrogation that took place in jail, with three attorneys present was recorded.

Let’s talk about HIV. Amanda in jail was told that she was HIV-positive and was asked to make a list of all her ex-lovers in order to tell them. Then the positivity turns out to be a false positive sample. The suspicion of a trick arises.

I never asked Amanda anything like that . We have the utmost respect for the suspect, and on top of it, what would have been the purpose of asking her?

Because the list ended up on the newspapers and contributed to giving a negative image of the girl, of an “easy” woman.

Nobody has depicted Amanda as an “easy girl”. Why would I do it? She was totally unknown to the police and the procura. Her sexual life is totally irrelevant in order to describe her personality, though it helps to explain the tense relationships with the other roommates.

Let’s conclude with the other issues by Douglas Preston. The DNA evidence is not convincing.

What can I say? The scientific police of the Ministry of the Interior have worked with it, that’s the best we have in Italy. I trust them, I am not a biologist, and neither is Preston.

What about the investigation on your abuse of office and wiretapping in Florence?

I still have to understand what I am being accused of.

However, the investigation has now ended. During this time the Tribunal of Riesame in Florence followed by the Cassazione have annulled all the proceedings initiated by Prosecutor Luca Turco against Dr Giuttari [who investigated the Monster case], my codefendant, as no evidence of the crime of abuse of office exists.

You will not   appeal the sentence and the Court of Appeals will acquit the defendants,  in America they seem sure of this i.e that the first degree sentence [sentence of the trial just concluded] serves the purpose of “saving face” in the Procura and “the truth will come out later?”

I don’t even want to comment on this. I will only say that a total of 18 judges among the Riesame, Cassazione, GUP and Assise courts have confirmed the prosecution’s theory. Did I deceive them all? This is a sovereign state, and there is a a sentence In the name of the Italian people that is in the name of all of us. Period.

This post is put together with the kind translation help of my fellow posters Jools and Tiziano.

[Below: Terminally confusing or just terminally confused? Doug Preston as wannabe true-crime reporter]


Saturday, November 28, 2009

Could The Italian Authorities Be Starting A Wave Of Libel + Slander Investigations?

Posted by Peter Quennell


Click above for Nick Pisa’s report on Sky News about the charges Amanda Knox’s parents are being investigated for.

The sliming of the prosecution, the police and investigators, and even the many judges in the process, never seemed to our legal contacts like a particularly good idea.

The CIA operatives trial we referred to in this post (over which the United States and the Italian prime minister could exert ZERO influence, please note) shows that Italy has a long arm and tough laws.

And the very independent judges and prosecutors are willing to take a very hard line to enforce them.

A Seattle lawyer who propagates what seems to us a pretty daffy and unfounded view of the case, made statements in the recent report by Italian network LA7 which don’t seem to have gone over very well in Italy. They may have attracted some official attention.

We dont know if the many statements made to an American audience on for example the ABC, CNN and CBS networks (most recently by New-York-based lawyer John Q Kelly) could attract investigations. But we do hear they might have all been taken note of, and it is possible the US networks might be monitoring their coverage of the case from now on.

ABC and KING-5 Seattle, both highly negative about Italy in recent months, may be particularly vulnerable.

And if and when the one administrative charge against Mr Mignini is dropped, an American crime-fiction writer and wannabe real-crime reporter might also perhaps find himself in the Italian legal cross-hairs for some very odd things he has said and written.

it will be interesting to see if any of the US-based media pick up on and report objectively on this development in Italy. Someone taking bets?

*******

Update #1: The Associated Press has just fed the defamation story to its client media outlets in the United States.

Update #2: The AP report has now gone viral. As of right now (2:00 pm New York time) Google is returning over 1500 hits. So the word is out: watch one’s tongue where Italian justice is concerned, or there may be consequences.

Update #3: Here is a safe bet based on some insider buzz. This development will make the US State Department and the American Embassy in Rome very happy. They have long wanted the sliming of Italy to stop.

Update #4: It sounds like it might make several million citizens of Seattle very happy too. They have long wanted the Mellases and Knoxes to simply stick to the truth - and address, you know, the hard evidence.


Sunday, October 11, 2009

Moved By Italian Justice: Doing The Very Best It Can For Meredith And Her Poor Family

Posted by Hopeful

Crestfallen and broken, Amanda and Raffaele react in visible distress in the latest courtroom photos.

Amanda looks sad, smitten, perplexed, astounded, with anger not far under the veneer, yet overall truly sorrowful for the first time in 2 years. Raffaele is weeping as the court denies more evidence do-overs. He feels the weight of this blow.

These two are probably guilty, but it still makes me sad to see what prison can do to human beings. Why, oh why, couldn’t they have let Meredith live and simply enjoy her sweet life? Mercy to her would have been multiplied back to them so very many times over.

I believe Prosecutor Mignini and his assistant, Mrs. Comodi, and all the Perugia homicide cops want to see JUSTICE done above all.

Surely they take no pleasure in the misery that native-son Sollecito is undergoing. They had to arrest him to redress a huge evil. I’m sure they regret the repercussions this has meant to his father, a fine medical doctor, an upstanding citizen of Italy. Despite this, and America’s loud outcries, they have proceeded.

I think the Italian police and prosecutors have acted with more intense caution and discretion in handling the evidence against Amanda because of her U.S. citizenship. I don’t think this is a case of two innocents being railroaded.

If the Italian police had wanted to score points politically, they could have closed the case after the arrest and conviction of Rudy Guede. The police saw undeniable proof to their practiced eyes that Amanda and Raffaele were very guilty.

And I don’t think forensic scientist Patrizia Stefanoni of the Polizia Scientifica in Rome is in the prosecution’s back pocket. I believe she acted in good faith. Patient and careful analysis of forensic lab samples requires real intelligence and excludes quick passion.

“To Be or Not To Be”. Methinks Amanda does look a little Danish.

It wasn’t fish blood or cat’s blood or pierced ear blood on their hands, it was the blood of honor. Meredith was defenseless in a foreign land. She was a great asset to her own family, to the Erasmus program, to Italy, and eventually to the world. She deserves the best efforts of her host country, and she’s receiving them here.

It now feels like justice is not only happening here - it’s convincingly SEEN to be happening. We all owed you this one, sweet Meredith. May you rest in peace.


Wednesday, September 30, 2009

Why The Prosecutors In Italy Are Relatively Popular

Posted by Peter Quennell


Italy’s a tough country with, albeit dwindling now, a legacy of violent crime, and many brave prosecutors over the years have been assassinated.

And the Italian legal system is not particularly weighted in their direction, with a large number of hurdles they have to climb over before a case ever gets to trial.

And the Italian prison system is relatively lenient, heavily pro-prisoner-remediation and early release, and proportionally only 1/10 the size of the US’s.

So the endemic attempts to undermine Prosecutor Mignini have invariably won only MORE popular support for him and his case in Perugia and Italy in general.

And the only “criminal charge” against him (it isn’t) seems to flow from his guessing right in the Monster of Florence case - and apparently no charge of this kind has ever won a “conviction”.

Above is Milan Prosecutor Armando Spataro.

He is in the news now because he has demanded prison sentences for TWENTY-SIX Americans.

Between them they seem to have colluded in grabbing Osama Moustafa Hassan Nasr, an Egyptian in Italy, back in President Bush’s day, and taking him off to be tortured.

Not to the United States where torture is not legal, but to Egypt where it more-or-less is.

Human rights advocates charge that renditions were the CIA’s way to outsource the torture of prisoners to countries where it was practiced.

The CIA has declined to comment on the Italian case, and all the Americans are being tried in absentia and are considered fugitives.

As we remarked in this post it is pretty hard for a foreign government and especially now the American government to throw sand in the Italian wheels of justice. 

The American government is really just sitting this one out. And it may be covertly delighted when Amanda Knox and her clan fade to silence.


Tuesday, September 08, 2009

The Vilification Of Prosecutor Mignini Clearly Continues To Misfire

Posted by Peter Quennell


In this recent post we included an amazing statement from Mr Mignini.

A number of sources then confirmed that he and we had it exactly right in that post and that the claims of the American writer of the lurid “Monster Of Florence” are nasty, mischievous, and simply don’t check out.

Sources tell us Mr Mignini may have sharp elbows - but he is also very fair and careful, rarely leaks or does anything just for the publicity, does a great job for Perugia (where he is rather popular), and really respects the victims of crimes and and their families - in this case, Meredith and her family who repeatedly sound like they respect him.

Now La Nazione is reporting (click above for the story in Italian) that Mr Mignini is again aggressively fighting back against the so-far-fruitless campaign to vilify him. 

He is planning to sue a Joe Cottonwood, seemingly a publicity-hungry carpenter and occasional journalist in California whose knowledge of the case would apparently not even cover a postage stamp. And who seems to feel he has a license to shoot his mouth off slanderously in Italy, regardless of who actually gets hurt.

The publisher of his uninformed take on the case in Il Giornale will apparently also be sued,

From La Nazione:

According to the American writer [Cottonwood] among other things, “perhaps in Italy there is a hatred of American college students who give joy to madness. Amanda will pay not for her guilt or innocence, but because of popular resentment towards rich and superficial Americans. The murder of Meredith Kercher is one of those mirrors that reflect the prejudices of the investigators.”
The last time that the prosecutor had moved for legal action was in January, when the West Seattle Herald described him as “inadequate” and “mentally unstable”. In that case, in a move that many had regarded as completely understandable as well as justified, the prosecutor saw fit to start concrete legal action.

And now the same judge [Mr Mignini] is preparing for a new legal battle after suffering yet another attack from the disparaging “‘stars and stripes”. Mr Mignini and his colleague Manuela Comodi are preparing an indictment for after the conclusion of the trial, which resumes in mid-month this month.

Nice going by the fatuous Joe Cottonwood. For those of a less xenophobic frame of mind here actually is the evidence. A series still far from complete.


Friday, July 31, 2009

Prosecutor Mignini Offers Some Helpful Advice To A Factually Challenged Reporter

Posted by Peter Quennell


Linda Byron is an investigative reporter for a TV station in Seattle.

Her investigative exclusives seem almost exclusively to consist of long and unchecked quotes from the FOA camp together with two or three spaniel-eyed questions.

Which then become yet another shrill report on Seattle TV about what those dastardly Italians are doing to poor Knox. A typical report of hers can be seen here (try later if they are still hiding it).

These are a few of the facts of the case that Linda Byron seems NOT to have mastered.

  • That the Italian process of justice is actually very fair and very cautious, is tilted much more to the defense than in the UK and US, and requires prosecutors to jump through a number of hoops before they ever get their case to trial.
  • That a judge in Perugia last January issued an impressive 106-page report which explains in great detail why he decided Guede was guilty and why a great deal of evidence suggests that Knox and Sollecito might be too.
  • That there are TWO senior and respected prosecutors on this case, not just one, that the victim’s family has expressed full confidence in them, and that neither prosecutor has ever made any claims about a satanic motive here.
  • That the prosecution has just presented a formidable case with the help of Italy’s equivalent of the FBI and Scotland Yard, and the defenses seem to be gaining little traction in bringing it down or offering alternatives.
  • That almost every prosecutor in Italy runs into administrative charges at some time in their career, they are so easy to file, and the charges against Mr Mignini always did look politically motivated and frivolous and likely soon to evaporate.
  • That the sliming of Mr Mignini has not been a success, that the FOA campaign in Italy has not been a success, and that Amanda Knox on the stand doesn’t seem to have been much of a success either.

And that above all there is a REAL victim here at the heart of this sad crime, known by the name of Meredith Kercher. And that her poor family is suffering for real here -  though of course many miles away from Linda Byron.

So. Instead of good journalism at long last in her latest report, what does Linda Byron have to offer?

No surprises here. Yet more of the sliming of Mr Mignini (this is an acrobat version).

“There are many parallels between the Monster of Florence case and the Knox case, I mean there are shocking parallels,” said American crime writer Doug Preston.

Preston says Mignini believes the monster was no lone psychopath, but part of a satanic sect. He suggested an eerily similar motive for Kercher’s murder, which took place on November 1, 2007.

“Which is right before the Italian day of the dead, and that this was some kind of satanic ritualistic ceremony that they were engaged in. That they killed Meredith Kercher as part of this satanic ceremony,” said Preston….

“He decides right up front with almost no evidence based on his gut feeling or intuition that you’re guilty and then sets out to prove it,” said Preston.

Actually, there seem to be no parallels whatsoever between the Florence and Perugia cases. For example Amanda Knox was interrogated only for two rather short periods - and Mr Mignini was not even present at the first of them.

And Mr Mignini was quite tangential to the Monster of Florence case. He was actually investigating a drowning to the west of Perugia. And when Preston and his partner interfered in Mr Mignini’s case in a particularly harebrained manner, a sharp response was inevitable.

Linda Byron invited Mr Mignini to provide a response to the heated claims in her piece. Either the response was completely over her head, or she did understand it and tried to bury it - it is ONLY only available in Italian, via a link, with a second link to Yahoo’s awful cut-and-paste translator.

Here now is Mr Mignini’s entire response put into good English, not by Yahoo, but by two of our own excellent native-Italian speakers.


Dear Ms Byron,

I hope we will be able to meet and discuss sometime in person, since some of the issues you have examined, specifically the Florentine proceedings against myself and Dr Giuttari, are way too complex to be described in just a few words. I will try to give a short answer here.

To begin with, there is no relationship between the events that are the subject of Spezi’s and Preston’s book and the murder of young Ms Kercher beside the fact that I am the one person dealing with both the Narducci proceedings (connected to the Monster of Florence case) and the Meredith Kercher murder.

These two are totally different events, as well as wholly unrelated to each other, and I am not able to see any type of analogy.

Furthermore, while the precautionary custody order for Spezi has been voided by the Tribunale del Riesame of Perugia, exclusively on the grounds of insufficient elements of proof, the precautionary custody order for Knox was firmly confirmed not only by the Tribunal of Riesame in Perugia,, but above all by the Sixth Section of the Court of Cassazione, which has declared the matter decided and closed.

About the “sacrificial rite” issue, I have never stated that Meredith Kercher was the victim of a “sacrificial rite”.

It should be sufficient to read the charges to understand that the three defendants have been accused of having killed Ms Kercher in the course of activities of a sexual nature, which are notoriously very different from a “sacrificial rite”.

The Monster of Florence investigations have been led by the Florentine magistrates Adolfo Izzo, Silvia della Monica, Pierluigi Vigna, Paolo Canessa and some others.

I have never served in Florence. I have led investigations related to the case since October 2001, but only with regard to the death of Dr Francesco Narducci, and just a superficial knowledge of those proceedings [Dr Narducci drowned or was drowned] would suffice to realize that I never spoke of a “sacrificial rite” which in this case doesn’t make any good sense.

About the defense lawyer issue.  Mr. Preston was heard as a person claiming information about the facts (in effect a witness), but after indications of some circumstances against him surfaced, the interview was suspended, since at that point he should have been assisted by an attorney, and since according to the law the specific crime hypothesis required the proceedings to be suspended until a ruling on them was handed down.

All I did was to apply the Italian law proceedings. I really cannot understand any problem.

In the same way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.

But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful. According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.

Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.

Secondly, I have told you that explaining the nature of the accusations against me is a complex job.

In short, it has been alleged that I have favored Dr Giuttari’s position, who was investigated together with two of his collaborators for a (non-existent) political forgery of a tape recording transcription of a conversation between Dr Giuttari and Dr Canessa.

The latter was giving vent to his feelings, telling Dr Giuttari that the head prosecutor in Florence (at the time) was not a free man in relation to his handling of the Monster investigations.

A technical advisor from the prosecutor’s office in Genoa had tried to attribute that sentence to Dr Giuttari, without having previously obtained a sound test from him, only from Dr Canessa.

I decided, rightly and properly, to perform another technical test on that tape for my trial (I have a copy of it, and the original transcripts of the recording).

I had the technical test performed by the Head of the Sound Task Force of the RIS Carabinieri in Rome, Captain Claudio Ciampini.

If Giuttari had lied, Captain Ciampini would have certainly said so. But his conclusions from the analysis were that that sentence had been pronounced by Dr Canessa. And by the way, this is clearly audible.

I then deemed it appropriate to interrogate the technical adviser from Genoa, in the sphere of the investigations led by me, since the people under investigation were thoroughly but inexplicably aware of the development of the investigation of Dr Giuttari.

The technical advisor from Genoa had made some absolutely non-credible declarations, and I had to investigate him.

The GUP from Genoa, Dr Roberto Fenizia, by means of a non-contested verdict on 9 November 2006, acquitted Dr Giuttari and his collaborators, because the alleged crimes had never occurred.

Therefore, I am accused for doing a proper and due investigation, without even the consideration that I have spared some innocent people from a sentence. I leave any further evaluation up to you.

As for the phone tappings, they had been fully authorized or validated by the GIP. [Those charges are now thrown out.] Explain to me how they can be considered wrongful. I haven’t been able to understand this yet.

This is the story of that case in short, and I am certain the truth will prevail.

None of us is guaranteed not to be subjected to unjust trials, especially when sensitive and “inconvenient” investigations have been conducted.

When accusations are serious and heavy in Italy, a magistrate that has been investigated or charged suffers heavy consequences.

There are appropriate bodies in charge to intervene according to the current laws, but the Florentine penal proceeding so far hasn’t affected me at all, perhaps because everybody – and specifically those professionally working on the matter - have realized that such penal proceedings have been anomalous, to use a euphemism.

As to my possibility to appeal any conviction, the Italian law provides for it, and I don’t need to say more.

I will make some closing remarks on the different jurisdictions.

Indeed there are differences between the [UK and US] common law jurisdictions and those of continental Europe, including the Italian one, which like any other jurisdiction has its flaws but also its merits, of which I ‘m becoming more aware as I carry on.

Furthermore, both jurisdictions are expressions of the juridical culture of the Western world, and this is something that shouldn’t be disregarded.

I don’t think I need to add anything else, except that these issues would need to be discussed in a personal conversation in order to delve further into the matter.

Sincerely

Giuliano Mignini

No wonder Linda Byron seemed to want to bury this letter. Does anybody now not think that the charges against Mr Mignini are quite ludicrous?  Preston’s and the Florence prosecutor’s both? 

Mr Mignini seems to be suggesting to Linda Byron to hop on a plane to Italy and to try getting her facts straight once and for all. Don’t hold your breath waiting for that one.


Thursday, July 02, 2009

Hopes Of PR Campaign Dashed That Prosecutor Mignini Would Soon Leave The Case

Posted by Skeptical Bystander



[click for larger image]

The Daily Beast has an excellent article on the unrelated case against Mr Mignini.

A final verdict has now been postponed, pending testimony from four other witnesses. This charge has been a huge part of the US PR campaign waged by Marriott and the FOA (of which Doug Preston is a member).

I came away from the article thinking that Doug Preston’s limited knowledge of Italian and excessive reliance on Spezi have not helped matters.

For example, in his Monster of Florence book - to which Preston has added an afterword about Meredith Kercher’s murder, even though the two cases are unrelated except for the fact that the prosecutor in both is Mignini - Preston relates that the crazy bloodied man in the square on Nov 2 was shouting “I killed her”, when in fact witnesses have testified that he shouted “I will kill her” (he was referring to his girlfriend and it was determined that he had nothing to do with the murder of Meredith).

In addition, Preston has claimed that Mignini told him he could not come back to Italy when in fact Mignini says he said no such thing, though he did suggest that Preston get an attorney, in part because his understanding of the Italian language (and certainy Italy’s laws) was limited.

It is also important to note that Mignini has been cleared of the illegal wiretapping of journalists charge. The pending trial is not about this at all, as the article explains quite clearly. The Daily Beast article actually provides invaluable facts for anyone who really wants to put the abuse of power charge against Mignini into perspective. I say “really wants” because I sometimes suspect that this is the last thing those stuck in “delirium” mode want.

Although the article only touches on the financial stakes - mentioning that Tom Cruise has optioned the MOF book - I came away feeling that there is a ferocious battle going on behind the scenes, and that the battle itself is part of the money-making drama.

The murder of Meredith Kercher has been caught up in this vortex, and I believe we have mainly Doug Preston to thank for that.

Poor Meredith.


Thursday, February 12, 2009

BBC Interview: Mignini Comes Across As Fair, Decent, Funny, And Quite Sane

Posted by Peter Quennell


Click above for Julian Joyce’s exclusive interview with Prosecutor Mignini.

This one might have the Salty’s Restaurant crowd grinding their teeth. And Amanda Knox’s own counsel rather relieved.

Note these significant insights into Prosecutor Mignini’s thinking, situation and health.

Giuliano Mignini told the BBC he had “never visited a psychologist” and he was taking legal action against a US paper that carried the allegations.

Mr Mignini also said Ms Knox’s backers were trying to “influence” the trial. Amanda Knox and her Italian boyfriend are accused of the murder of British student Meredith Kercher in 2007…

Mr Mignini said he was “not happy” about a story on the West Seattle Herald’s website last month in which supporters of Amanda Knox say he is believed to be mentally unstable…

No-one at the West Seattle Herald could be reached for comment. Mr Mignini confirmed he has started an action for defamation against the newspaper.

He joked: “I am quite a healthy man. I don’t go to the doctor much and I have never visited a psychologist.”

The allegations are the latest episode in what Mr Mignini believes to be a systematic attempt to discredit him, and thus derail Amanda Knox’s trial.

He said: “These are allegations from 9,000 kilometres away from people who have no knowledge of me and to whom I have never spoken. “I would never give an opinion on someone I know nothing about.

“I regard it as trying to influence the trial. These things might happen in Italy but I really would not expect attempts to influence to come out of the United States.”

Evidence that the trial’s prosecutor is also being targeted by Ms Knox’s supporters appears prominently on the website of Seattle lawyer Anne Bremner, who represents the Friends of Amanda.

They include accusations that he leaked “false information” to the press and that Mr Mignini is under indictment for “abuse of office”. The indictment allegation is understood to refer to a previous case that Mr Mignini investigated in Florence.

But Mr Mignini said it was true that although a Florence prosecutor had brought proceedings against him, another court had already “declared non-existent” the charges of abuse of office.

Mignini is also quoted as being “in thrall to a sort of delirium” in his handling of the Florence case, in which he “fantasized amazing and complex Satanic conspiracies.”

This is believed to be a reference to Mr Mignini’s involvement in an inquiry connected to the infamous “Monster of Florence” serial killings, during which Mr Mignini is said to have consulted an alleged psychic, Gabriella Carlizzi….

But Mr Mignini said he was “not friendly” with Mrs Carlizzi, and did not share her views, even to the point of having her arrested in 2005.

“I have said these things many times to American journalists,” he said. “But there are none so deaf as those who will not hear.”

A systematic attempt to discredit Mr Mignini and thus to derail Amanda Knox’s trial? Well! Who would have thought it.

Now, about that rumored gigantic libel/slander lawsuit that London lawyers would like him to get active…


Tuesday, February 03, 2009

Amanda Knox Defence Team Strongly Objects To Seattle Sliming Strategy

Posted by Peter Quennell


Above: Luciano Ghirga (left) and Carlo Della Vedova.

Click for a larger image. They are apparently thoroughly ticked off. Here’s our previous post on exactly what made them so ticked.

Once again, the demand from the Amanda Knox legal team goes out: Pipe down, Seattle. And give Amanda Knox a break.

Translation below by poster Kermit is of the story in today’s La Nazione

“Those American personalities are not helping Amanda”

Lawyer Ghirga: “I have spoken with Prosecutor Mignini”

by Enzo Beretta - Perugia

“There are people around the figure of Amanda who have no formal role in the student’s defence team, which is formed by myself together with my colleague Carlo Dalla Vedova.

These people are not only not helping our client in the difficult judicial process in the Corte d’Assise in which we have to defend her, but on the contrary, they are harming her judicial position.”

Luciano Ghirga, lawyer for the American accused by the prosecutor of sexually assaulting and killing Meredith Kercher with her former boyfriend Raffaele Sollecito and Rudy Hermann Guede, once again distances himself from the Stars-and-Stripes “know-it-alls” who repeatedly have tried to throw mud on the work of investigators and have even personally attacked Giuliano Mignini, head of the murder investigation.

There is strong evidence which supports the prosecution, unlike the “macaroni” pleading endlessly and one after the other on American television broadcasts, who pay lawyers, show-men and private investigators not much inclined to read the documentation.

That documentation was studied a lot by the Review and Court of Appeal judges, who confirmed preventive prison for the suspects, and the GUP Paolo Micheli, who has sentenced Rudy to thirty years in prison (with the abbreviated trial) and sent the ex-boyfriend and girlfriend to trial. This is a validation of the good work done by the investigators.

Lawyer Ghirga has not acted on a video in which the correctness of the findings of the forensic investigators is called into question, thereby attacking the protagonists of the case. But he will play his cards at the appropriate time in the trial, which resumes Friday.

“On a personal level I expressed my impressions to Dr. Mignini,” Ghirga said.

The lobbying work by Amanda’s side fits into a framework of traditional adversity by Americans when their fellow citizens are left in the hands of another country’s justice.


Friday, January 30, 2009

Is The Amanda Knox Defense Team Being Undermined?

Posted by Peter Quennell



[click for larger images]

Carlo Della Vedova (left) and Luciano Ghirga.

Two of the smartest defense lawyers in Italy.

They are widely regarded as supremely competent and as truly superb players within the Italian system. They have a long list of acquittals to their names.

And they are said to get along very well with Prosecutor Mignini and to respect his role in the process and him personally.

If there are any lawyers in Italy that Amanda Knox can look to for a really powerful defense that could get her off and out of there, it would seem to be the team she has now.

Mr Ghirga and Mr Della Vedova have in the past voiced extreme irritation over past sliming from safely-distant Seattle of the Italian judges, the prosecutors, the police, and the evidence service.

They had essentially asked Seattle to pipe down.

We haven’t yet heard from them on the rabid new sliming of Prosecutor Mignini from Seattle. But lawyers following the case in New York and Italy seem stunned at the ferocity and pure foolishness of the attacks.

Several have remarked that they might walk right off a case if they were so undermined in their handling of a defense. And that they might file suit if they were the prosecutor.

Now Mr Mignini himself actually has filed suit. He has just filed a defamation complaint and Mr Ciolino and a small Seattle rag are those cited.

It seems to be a pretty popular move in Italy. We wonder why…






Sunday, January 25, 2009

The “Friends” Now Take On Prosecutor Mignini

Posted by Peter Quennell


Mr Mignini - an out-of-control maniac?

Interesting. We check this whole point of view almost daily but we never, ever, ever get independent confirmation.

We are repeatedly told that Mr Mignini is tough, fair, and effective, in an Italian system of justice where things are not particularly loaded on the side of the prosecution.

And that he has the reputation of being very, very caring of the victims and their families. The Kerchers have expressed their full confidence in him.

Also that Mr Mignini’s stepping-aside would probably make just about zero difference to the momentum of the case at this point.

There seems to be just too much suggestive evidence waiting to be explained, and a dozen careful judges have endorsed it as suggestive, and the strongly dominant mood in Italy seems to be one of: let us proceed.

Amanda Knox is of course very well represented by counsel. They have already shown irritation over attacks on the prosecutor.

Calling the prosecutor a maniac sure won’t be music to their ears. Is this whole PR campaign quite loopy, or what?!


Wednesday, January 21, 2009

Is The “Mignini Has Framed Them” Meme Now Fading?

Posted by Peter Quennell



[click for larger image]

Looks to us like it might be a strong case.

Perhaps easy to challenge the bits and pieces of the evidence. Perhaps harder now to challenge the sum of the whole.

The whack-a-mole problem.

And if Rudy Guede mounts the stand to tell all (he is to be an early witness, and wants time off his 30 years) and if Rudy’s tale cannot be seriously shaken by the defenses ...

Well, as the lead judge observed, this trial might be over by summer.

In Italy, the notion that Prosecutor Mignini somehow invented or twisted the facts of the crime to frame two of the defendants never really seemed to catch fire.

The problems with this notion are that there were too many professionals involved, the case has had to pass through too many judicial hoops, and there now seems an awful lot of evidence needing serious addressing.

Maverick Rome-based Peter Popham of The Independent (new image above - he looks better!) has seemed to be the lone media holdout for the Mignini-invented-it point of view.

But even Mr Popham is now sounding as if he’s in the dispiriting early phases of a U-turn.

This is from a skeptical piece of his just recently posted:

... how did Mr Mignini discover these salacious details? Through confessions, witness accounts, tapped telephones? Was there a video camera or tape recorder running throughout? None of the above.

None of the three accused has dropped even a hint that they were involved in an orgy, no party trash was discovered, nobody was peeking through the windows. The account seems to have emerged fully formed from the prosecutor’s imagination.

But this is from a more jaded piece also just posted.

Where did they actually pass the night, and doing what? Why did they make a start on cleaning up the murder scene next morning, and why didn’t they call the police? Amanda Knox will have to do a lot more than smile if she wants to go home.


As we mentioned yesterday, Mr Popham’s first piece above was strongly challenged by a commenter - a lawyer in the UK, who actually knew Meredith in person.

Comment by Liam O’Huigin

Title: Peter Popham: Legal Genius

“Knox and Raffaele Sollecito are on trial because Meredith Kercher died horribly, and they gave conflicting accounts of what they were doing at the time and behaved suspiciously the next day.”

Yeah, right. And I suppose everything else the Independent has reported about the pair since November 2007 has come fully formed from the brains of its journalists without the benefit of corroboration from the pair.

Before we take up Mr Popham’s invitation to consider Knox and Sollecito to be whiter than the driven snow, let’s remember, inter alia, that Knox implicated a man who could prove that he was not at the crime scene at the relevant time, that they have given a number of inconsistent accounts of their own whereabouts and activities, that the pair have fallen out between themselves, and that DNA evidence was recovered strongly suggesting their presence. If a prosecutor failed to bring a case against them, people would rightly think that some sort of cover-up was in place.

If it was Mr Popham’s daughter who was the victim of this crime, I doubt he’d be writing about the case in such a lofty and detached tone. I happen to have known Meredith, and I also happen to be a lawyer. I would be outraged if the Italians had not taken matters this far in the light of what we have so far read about the case. And unless the defence manages to produce something very special during the course of the trial I know what verdict I expect to be brought in….

Mr Popham commits an interesting Freudian slip in this article, which shows where his sympathies lie. He talks of the “three” accused, by which I assume he is including Rudy Guede: the latter is no longer an accused, having been convicted of the murder and sentenced to thirty years.

He is therefore correctly described as a murderer, or a criminal or a convict. Why does Mr Popham find that hard to do?

None of Mr Popham’s commenters, in fact, are still buying the fading “invented and framed” line. And we would REALLY like to see more of Meredith’s friends now speaking up.

Write to us, or for us, if you want to win one for her.


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