Category: Guede appeals

Thursday, November 19, 2009

Rudy Guede Appeal: Meredith Family’s Lawyer Very Disappointed At “Lost Last Chance”

Posted by Peter Quennell

Mr Maresca sounds intensely frustrated at what might have been. 

Here was a chance to put this whole thing to rest with a single truth and an act of real contrition and compassion to Meredith’s family - and Rudy really blew it.

“He could have saved her. He could have acted to save her, then he wouldn’t be here asking forgiveness….  Requests for pardon are always welcome, however, in a civilised country. I think that a positive reaction would have at least led to an immediate intervention, if what Rudy said was true.”

Not surprisingly, the lawyers for Knox and Sollecito are critical of Rudy Guede for not letting their clients off the hook - though he really no further implicated the defendants than he did back at his own trial.

His recent mysterious and unprovoked beating-up in his prison may have had an influence on his frame of mind in court today. Amazing though, as the defense teams incessantly paint him as the lone wolf perpetrator (a theory Judge Micheli discounted at great length) which we know burns him up.

Our poster Tiziano kindly translated this final report on the day from Il Messagero. The article is an update of an earlier report.

REOPENING OF DEBATE REJECTED.

The Appeal Court of the Assizes of Perugia has rejected the request of Rudy’s defence lawyers for the partial reopening of the debate.

PG: ACCOUNT NOT CREDIBLE.

According to the Prosecutor General, what Rudy said was a “little tale which was not credible”. According to the PG a “progression of lesions” was found on Kercher’s body, and death came in a much longer time than what Guede indicated.

PG: NO GENERAL REMISSIONS.

Guede was condemned to thirty years imprisonment on October 28th, 2008 by Perugia GUP Paoli Micheli. His defence lawyers, Walter Biscotti and Nicodemo Gentile, have appealed against this sentence. In fact the Ivorian has always maintained that he had nothing to do with the murder.

The Prosecutor has not contested the sentencing report, which actually accepted the reconstruction made by the first stage prosecutors PMs Manuela Comodi and Giuliano Mignini.

Today PG Catalani in his summing-up spoke of “full involvement in all the activities to the damage of Meredith Kercher” on Guede’s part.. Moreover, he underlined that the accused should not be conceded general remissions “because he has made no contribution at all in clarifying what happened in the crime house when Meredith was killed”.

KERCHER LAWYER: HE COULD HAVE SAVED HER

“He could have saved her. He could have acted to save her, then he wouldn’t be here asking forgiveness,” replied Francesco Maresca, the lawyer for the civil claim of the family of Meredith Kercher, to Rudy Guede’s words which he asked him to pass on to the relations of the English student killed in Perugia.

“Requests for pardon are always welcome, however, in a civilised country,” he added. “I think that a positive reaction would have at least led to an immediate intervention, if what Rudy says is true,” Maresca added.

However the lawyer talked about a “lost last chance” on the part of the Ivorian to clarify what happened in Via della Pergola. He continued “His words seemed prepared to me.”

And in court, referring to the fact that Guede claimed to have run away in fear, Maresca affirmed,“We ought to think of the fear suffered by Meredith.” As far as the summing up of the PG, the lawyer defined it as “absolutely exact”.

KNOX DEFENCE: GUEDE’S WORDS IRRELEVANT FOR AMANDA

The spontaneous statement made by Guede is “absolutely irrelevant to the position of Amanda Knox.” Luciano Ghirga, one of the defence lawyers for the American said this. “I’m talking with absolute respect about the position of Rudy Guede and his defence - Ghirga underlined - but when he had the opportunity to respond in cross-examination between the parties, in a hearing in front of the world, he refused. I consider his position to be self-serving.”

Then the Lawyer claimed that in the first stage trial of Knox and Raffaele Sollecito “neither the five interrogations of Guede nor his first stage sentencing report are part of the trial, and much less so can his spontaneous statements of today be considered.”

SOLLECITO’S LAWYER: GUEDE HAS LOST A CHANCE

Rudy Guede “has lost the opportunity to tell the truth”, according to lawyer Luca Maori, one of the defence for Raffaele Sollecito, the young man accused of the crime together with his ex-girlfriend Amanda Knox (the summing-up of the PM in the first stage of their trial is on the agenda for Friday) and the same Ivory Coast man.

“Guede continues the old stereotype - Maori said further - according to which he doesn’t know the male person present in the crime house, even though he saw his face. But it is necessary for everyone, and especially for him, to finally tell the truth and to assume his responsibility before the Kercher family.”

 

Mr Maori’s words at bottom above are very curious - perhaps they are quoted out of context. He’s presumably inferring that Guede should have pointed AWAY from Raffaele Sollecito, his client, and instead toward a mysterious missing Person X.

If so, invoking the best interest of Meredith’s family here seems pretty vile - even for a hard-pressed defense lawyer. He should not be denying their true justice. 

Wednesday, November 18, 2009

Rudy Guede Appeal: Court Adjourned - Defense Closing And Court Decision December 21st

Posted by Peter Quennell

[Above: The lawyer for Meredith’s family, Mr Maresca, in the courtroom today]

This late report is by Paolo Santalucia of the Associated Press

Later Wednesday, prosecutor Pietro Catalani asked the court to confirm the sentence of 30 years in jail for Guede.

“He is not credible,” Catalani said, adding that wounds on Kercher’s body suggest it took far longer for her to die than Guede’s testimony indicated.

Proceedings were adjourned to Dec. 21, when Guede’s defense lawyers will argue their case.

The court had rejected the request of the Guede appeal team to reopen several components of the investigation, to bring in new witnesses, and to hear testimony on stress psychology and on the towel found beside Meredith.

This does not bode well for his appeal prospects.

Judge Micheli summarised a lot of evidence proving that Guede was throughout a part of the vicious assault on Meredith. He handed Guede a rape conviction as well as a murder conviction and Guede is serving his 30 years in the sex offenders’ wing of Viterbo Prison north of Rome.

Probably the best Guede could have done would have been to come clean, relate the full story, and claim that he was unaware from the other assailants of where events were headed.

But that Guede did not call an ambulance seems to have sealed Meredith’s fate forever. The prosecutor today said Guede had PLENTY of time to call an ambulance while Meredith would still have been alive.

Instead, Guede abandoned Meredith to die slowly and painfully, he went home to clean up, and he went out to a disco.  Thirty years seems pretty light for doing that.

Rudy Guede Appeal: Nick Pisa Of Sky News Reports DRAFT

Posted by Peter Quennell

[Microsoft’s Internet Explorer Version 8 is having a widely reported problem showing these online Flash videos; other browsers all seem to work fine]

Rudy Guede Appeal: Lawyer For Meredith’s Family Mr Maresca In Court Today DRAFT

Posted by Peter Quennell

[click for larger image]

Italian reports are still conflicting and there are none out yet in English.

But it appears that the court has rejected the request of the Guede appeal team to reopen several components of the investigation, to bring in new witnesses, and to hear testimony on stress psychology and on the towel found beside Meredith.

This does not bode well for his appeal prospects.

Judge Micheli summarised a lot of evidence proving that Guede was throughout a part of the vicious assault on Meredith. He handed Guede a rape conviction as well as a murder conviction and Guede is serving his 30 years in the sex offenders’ wing of Viterbo Prison north of Rome..

Probably the best Guede could have done would have been to come clean, relate the full story, and claim that he was unaware from the other assailants of where events were headed.

But that he did not call an ambulance may have sealed Meredith’s fate forever.

Added from Paolo Santalucia of the Associated Press

Later Wednesday, prosecutor Pietro Catalani asked the court to confirm the sentence of 30 years in jail for Guede.

“He is not credible,” Catalani said, adding that wounds on Kercher’s body suggest it took far longer for her to die than Guede’s testimony indicated.

Proceedings were adjourned to Dec. 21, when Guede’s defense lawyers will argue their case.

Rudy Guede Appeal: Yes Guede Testimony Does Sound Far From The Full Truth

Posted by Tiziano

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1) La Stampa runs essentially the same story as Nicki translated and posted jut below, but with this addition.

In court this morning there was also the psychiatrist Alessandro Meluzzi, who together with the criminologist Vincenzo Mastronardi, provided expert testimony for the defence on the behaviour of the accused after the crime.

Guede fled and was arrested in Germany. This was behaviour of “flight and avoidance”, according to Meluzzi, linked to “traumatic stress syndrome” which struck him after the crime.

2) Corriere della Sera also has essentially the same story but with these additions.

The defence of the young man intends to ask for the partial reopening of the trial debate to hear new witnesses and to hear from others already heard by the prosecution, but who - according to the lawyers - could give a different version from the initial one.

The lawyers also are putting their hopes on the possibility of a new expert report on the towels found next to the English student’s lifeless body, which Guede claims to have used in an effort to help Meredith, staunching the wound to her neck.

The aim of the defence is to show that it was not Rudy to kill Meredith that evening, because as the young man has always claimed, he was at the house at Via della Pergola on the night between November 1st and 2nd, 2007, but when the crime happened he was in the bathroom. 

Once he came out, he clashed with Mez’ assassin for a moment.  He tried to help the girl but then, overcome with fear, he took flight. 

To specifically evaluate this thesis, the defence of the Ivorian has had an expert report done by the criminologist Vincenzo Mastronardi and the psychiatrist Alessandro Merluzzi, who were both in court. 

Speaking to journalists before the hearing began, Merluzzi explained how Rudy, after the facts, was overcome by “post traumatic stress syndrome” in which a ” gentle, weak but mild personality like Rudy’s was able to put into action the flight behaviour, which certainly did nothing for his credibility but which we believe is completely understandable and explained from the psychological point of view, clinical psychology and psycho-dynamics.” 

Merluzzi explained, “We believe that our evaluation will give the judges an element of evaluation which is new and different not only in the facts which have emerged from the supporting proceedings, but also on the reasons and motivations which incited Rudy.”

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Rudy Guede Appeal: His Story In His Own Words - Not Sounding Like The Much-Wanted Full Truth

Posted by Jools

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Translated from the Italian in Il Messaggero:

The process of second-degree [appeal] for Rudy Guede, already sentenced to 30 years imprisonment for the complicity in the murder of Meredith Kercher, commences.

The Court of Appeal of Perugia has decided to have the hearing in public court, admitting the request by the defendant. Guede has asked that the appeal process be conducted in open court “so that all may know the truth.” In attendance reporters were allowed but not photographers or TV cameras.

“I want to say to the Kercher family that I did not kill nor rape their daughter. I’m not the one who has taken her life” he said, addressing Guede’s lawyer Francesco Maresca, who represents Mez family as a civil party. “The single thing that my conscience must answer and for which no court will absolve me, is that of not having done everything possible to save the English student’s life.”

During the spontaneous statement, Guede reconstructed what happened the night of Meredith’s the murder. He explained that he had met the student on 31 October 2007during a party at a nightclub, and that he had made an appointment with her for the following evening.

“I gave her a little kiss on the cheek and then I said see you,” explained the Ivorian, telling the court that on the evening following that meeting, he entered together with Kercher in the house on Via della Pergola. “While we were at home, Meredith began to charge against Amanda (Knox, her roommate, was charged with the murder along with former boyfriend Raffaele Sollecito,): “My money, my money, gone, I can not stand her any more,” said Meredith. I had an approach with Mez, but not sex.

After about fifteen minutes I went to the bathroom.

Amanda and Meredith fought. I heard the voices of Meredith and Amanda discussing money missing. I only heard “we need to talk.”  I was not worried because I thought it was just an argument between two girls who lived in the same house.

While I was in the bathroom I started to listen to music from an i-pod, but in the middle of the third song I heard a loud scream. I rushed to see what had happened and in Meredith’s room I saw a male figure.

It was a flash and this person tried to hit me. I reversed and fell down in the living room. Then I heard someone running away outside the house and said “let’s get out, there is a black man in the house”. I did not have the courage to pursue them, but looking out the window I saw the silhouette of Amanda.

I went to Meredith’s room and tried to staunch the blood that came out after being mortally wounded with a knife to the throat. Meredith was dying and sought to tell me something, I held her hand.

Then I went into a state of shock. In my head there were so many why’s unanswered. I was afraid.”

[Below: Guede lawyers Mr Gentile, left, Mr Biscotti, center, and an aide, right]

Rudy Guede Appeal: Sky News Italy First Report In Italian

Posted by Peter Quennell

[Micrsoft’s Internet Explorer Version 8 is having a widely reported problem showing these online Flash videos; other browsers all seem to work fine]

Wednesday, November 04, 2009

Half A U-Turn In Guede’s Appeal Grounds? Perhaps Guede IS Growing A Brain

Posted by Peter Quennell

A week ago we posted that Guede’s intended claims were really ugly.

Guede then was still intent on claiming consensual intimate relations with Meredith as his reason for being in the house at the time, even though nobody, especially not Judge Micheli, seems to believe that.

Now we seem to be getting a new and revised version from Guede’s lawyers [image below]. Il Messagero has the interview in Italian (links here and here) and the translation below is by our poster Tiziano.

Though there is no new explanation why Guede was there, this version seems to drop the very ugly claim that he was there for consensual relations with Meredith. It also seems to admit that he was a part of the struggle with Meredith, even though he still says he saw Knox only in silhouette.

And he never saw the final event coming, he was slashed by one of the others [see image at bottom], he attempted to save Meredith’s life with some towels, and he then fled in a panic. (He then of course went home, cleaned up, and headed out to a discotheque.)

For this to be a full U-turn to the truth and serious time off his 30-year sentence, Guede still presumably has to admit that (1) he was in the house nefariously, (2) he did see the attackers very close-up, (3) he can give a PRECISE accounting of the motive, and (4) he has VERY serious remorse.

He should look the Kercher family right in the eyes and say how infinitely sad and sorry he is that he played a part in Meredith’s passing.

Perhaps Rudy is getting there. He still has two weeks to do so. By the way, it is interesting, as in the image below, how often Guede’s two lawyers are being seen together these days with Mr Maresca, the Kercher family’s lawyer.

Verrry interesting.

RUDY ON THE ATTACK: “AMANDA WAS THERE, I TRIED TO SAVE MEZ”

Tuesday, November 3rd 2009

By: ITALO CARMIGNANI and VANNA UGOLINI

PERUGIA - Amanda Knox and Raffaele Sollecito, the young girlfriend and boyfriend, are the murderers of Meredith. “That night I was attacked by a young man who was armed, I heard the voice of Amanda and I saw her outline from the window.”

A little more than two weeks before Rudy Guede’s appeal, the young Ivorian already condemned to thirty years for the sexual assault and murder of student, Meredith Kercher, continues to defend himself, going on the attack.  He does so above all denying having “exonerated” Amanda during that chat, the Internet exchange with a friend while he was on the run in Germany.

He does so in an effort to explain why there are mainly traces of him in that room, dirtied by blood, where Meredith was slowly dying: his genetic imprint on the victim’s body and other articles, the print of his shoe with its bloody sole.

The prosecution has interpreted these signs as a type of signature from the murderer, but according to Rudy’s lawyers Nicodemo Gentile and Valter Biscotti [images below] the presence of these traces must be read in a different way.

“The explanation is clear,” says lawyer Nicodemo Gentile.  “The judge [Micheli] does not take the trouble to face up to this situation in his reasons for condemning Rudy.  But the only plausible explanation is this:  the other two accused strike the fatal blow to Meredith and almost simultaneously run out of the house, frightened by the victim’s harrowing scream.  On the other hand, Rudy stays in the room after struggling with one of the attackers, he plays for time in the attempt to staunch the wound with towels, he moves around the Meredith’s bleeding body.  This is why Rudy leaves traces and the others do not.”

Well then, why does Rudy flee instead of calling the police?  “Because he is afraid, he’s distraught.”  The lawyers have foreshadowed the fact that they will call for a psychiatric report about Rudy’s behaviour after the murder, about his disorganised and “disassociated” flight, which is regarded by the judge, however, as a serious indication of guilt.  “This is the disassociated flight of a young man who is overcome by what he has seen, not that of an assassin.”

According to Gentile, the two young people then “run away straight after the mortal blow, and then come back to alter the scene of the crime with all the precautions of the case.  The fact that the two move around bare-footed proves this, as is evidenced by the discovery of sole prints enhanced by luminol which belong to Amanda Knox and Raffaele Sollecito.”  Furthermore, “this reconstruction is perfectly compatible with the accounts of Mrs Capezzali and Curatolo.” 

The former gave evidence that she heard a scream and then the noise of someone running on the gravel in front of Meredith’s house (but a further four witnesses say that neither saw nor heard anything).  Curatolo claims that he saw Amanda and Raffaele in Piazza Grimana between 9.30 and 11.30 PM, in a way giving the two young people an alibi.  Yet the accused do not confirm this alibi: they claim that they were at home on the night of the crime.

[A problem for Guede is that] when the police entered the house at Via della Pergola and discovered Meredith’s lifeless body, there were no signs of the aggression Rudy claims to have sustained from the murderer… That is, there were no overturned chairs nor was any blood found in the living room of the house in Via della Pergola.  This is another reason the judge did not find Rudy’s confession credible. 

But, according to Rudy and his lawyers, among other things the cuts on his hands, still visible when he was arrested in Germany, are evidence that there was an attack by the murderer…  For Gentile “the wounds photographed and described at the time of the arrest in Germany are unequivocal signs left by the attacker’s knife.” 

So Rudy will present himself at the Appeal Court on November 18th with the intention of talking and he will say: “That night I was attacked by a young fellow armed with a knife, I heard Amanda’s voice from outside and I saw her silhouette through the window.”

Thursday, October 29, 2009

Prediction: Guede’s Appeal Will Totally Fail - His Intentions Ugly And Likely To Anger

Posted by Peter Quennell

[click for larger image]

Rudy Guede opted for the fast-track trial in front of Judge Micheli last October. His side of things went approximately as follows at the time.

• Guede was legitimately at the house on the night to have consensual intimate relations with Meredith.
• He was on the toilet when a bizarre murderous intrusion took place that seemed to involve Sollecito and Knox

That was about it. Judge Micheli didn’t believe a word of it. In his 106-page report he described the voluminous evidence for this being a three-perpetrator crime. And he found it totally unlikely that Meredith would have had consensual relations with Guede that night.

Nothing at all known about Meredith’s intentions that night (she had an urgent assignment to complete) or her chaste moral behavior supports Guede’s claim, and his trashing of the poor victim seemed to anger Judge Micheli.

And so the judge handed Guede the maximum sentence available, thirty years, for murder and a sex crime, and wrote up the case against him in a pretty ironclad way.

Now Andrea Vogt is reporting from Perugia that in effect Rudy Guede will testify to the following at his appeal.

• Guede was legitimately at the house on the night to have consensual intimate relations with Meredith.
• He was on the toilet when a bizarre murderous intrusion took place that seemed to involve Sollecito and Knox

Huh? The ONLY way forward now in the opinion of our legal watchers which could get Guede years off his sentence is at this point to tell the truth.

Which seems to our legal watchers and us to be that Guede might have been somewhat accidentally there at the house, and might have been somehow roped in by the other two to a planned taunting and humiliation of Meredith.

That might have then led to her cruel death.

Truth and real penitence and great sorrow and sadness shown to the Kercher family, and a real respect for Meredith’s memory, might win him some points in his appeal.

But this above? If Guede proceeds with those intentions, his thirty years in the sex-offenders wing will be confirmed for sure, and he will face a lifetime of contempt. 

Grow a brain, Rudy. Try to do yourself some good. And maybe get yourself some new lawyers.

The quality of your legal advice seems atrocious.

Below: Guede’s lawyers Biscotti and Gentile with the Kerchers’ lawyer Maresca

Tuesday, March 10, 2009

Guede’s Grounds For Appeal Sound None Too Convincing

Posted by Peter Quennell

Click above for La Nazione’s report in Italian. Nick Pisa of the Daily Mail filed a good report in English. Excerpts:

Today Guede’s lawyers Valter Biscotti and Nicodemo Gentile launched their appeal and filed a 50-page request at the court in Perugia where a decision will be made on a hearing within 45 days.

Mr Biscotti said: ‘This crime was motivated by a row over money between Meredith and Amanda Knox - and she was killed by the accused (Knox) as a result of this row.

‘There is no proof at all to say it was motivated by sex and nothing to suggest our client was involved.

‘Rudy has always admitted being at the scene but he had nothing to do with any sexual assault and murder - this crime was motivated by a row over cash and nothing else.’

Mr Biscotti added that after having read trial judge Paolo Micheli’s 106-page ‘reasons for sentencing’ he felt that had ‘good grounds for an appeal’ as no firm link of a sex attack by his client was proved.

At his fast track trial the court heard DNA from Guede was found at the scene on a bloodied pillow and on Meredith’s body.  His lawyers claim this was because the pair were ‘petting’ after having made an appointment to meet up the night she was murdered.

Guede told the court that he had ‘eaten a dodgy kebab’ and was in the bathroom listening to his iPod when Meredith was killed. He said he emerged to find her dying in a pool of blood.

Guede told the court he struggled with a man who resembled Sollecito and that he thought a woman who looked like Knox was at the door of the house waiting.

Mr Biscotti added: ‘My client tried to help poor Meredith and put towels around her wound but then ran away. The only thing he is guilty of is not staying to help and he will have to live with that for the rest of his life.’

According to a prosecution reconstruction, Guede and Sollecito held Meredith down, while Knox stabbed her in the throat. They deny the claim and stress the DNA evidence against them is contaminated and flawed.Ivory Coast drifter Rudy Guede, 21, was jailed for the murder and sexual assault of Meredith, also 21, six months ago after opting for a fast track trial.

The student was found semi-naked with her throat cut. Prosecutors and police say she was murdered after refusing to take part in a drug-fuelled sex game.

In lodging the appeal against his conviction and sentence (mandatory in Italy) his lawyers have offered no new exculpatory evidence.

Just claims that the other two did it, that an argument over Meredith’s stolen money was the motive, and that he was in the bathroom at the time.

Guede’s DNA was of course found right there at the scene of the crime, in Meredith’s room, and on Meredith’s body.

Considered in the context of the awesome detail of Judge Micheli’s report the grounds for his appeal sound almost laughable.

This is all being taken by some of the court analysts that Guede has nothing to bargain with that the prosecutors don’t already know.

And that they have great confidence in the strength of their case against Raffaele Sollecito and Amanda Knox.

Enjoy your 30 years in the slammer, Rudy Guede. You might even have saved Meredith’s life by calling for some help.

And you didn’t. It appears, in fact, that you chose not to.