Series The timelines

Monday, November 25, 2013

Appeal Session #4: Today Lead Prosecutor Alessandro Crini Summarises The Prosecution’s Case

Posted by The TJMK Main Posters




Overview

This is the report on the first day of Prosecutor Crnini summarizing the entire case.

This was not attempted at such length at the 2011 Hellman appeal and that panel of judges was perhaps not ever fully in the picture. The second day of the presentation is reported on here. 

Real-Time Report

Good reporting on the court today

Andrea Vogt has posted an objective report here and Barbie Nadeau an objective report here.  We will post excerpts from both and other sources after the appeal session on Tuesday is done.

Warning about AP’s Colleen Barry

The Associated Press’s Colleen Barry is once again filing highly biased reports from the court. This is an appeal by Knox and Sollecito AGAINST a guilty verdict (by Judge Massei) and not an appeal by the prosecution to “reinstate” a guilty verdict. Get a grip.

Final post from the court today

It is 5:30 pm in Italy. Judge Nencini has declared today’s session at an end and he has allowed the prosecution to resume its presentation tomorrow. Prosecutor Crini has about 1/3 of his presentation on the evidence still to come.

Tweets from main poster Yummi

Yummi has warned us that the wireless internet bandwidth inside and just outside the courtroom gets overloaded late in the day as the reporters get busy on their reports.  Yummi does have a way around this but it involves leaving the courtroom when key arguments might be made and walking some distance away. So there might be some slight delays.

[More pending; Dr Crini has alerted that his presentation will be in 16 chapters]

51. [Judge] Nencini suggests to interrupt and go on tomorrow with following prosecution’s points. New schedule.

50. Chapter 11. is DNA. Crini says we may have evidence enough by now anyway

49. Crini censures Hellmann-Zanetti’s reasoning about calunnia (why not indicate the real culprit?). Says H-Z committed ‘physical violence’ on trial file

48. Knox’s calunnia is a strategy protracted over time says Crini

47. Dreamlike component in Knox’s statement, fish blood, are devices needed to surround a calunnia strategy

46. Knox needed to put some additional content into the ‘calunnia’, says Crini, or wouldn’t be believed, so she puts in pieces of truth

45. Knox spoke about a scream an a sexual violence before anyone knew. Sollecito said nothing was stolen before they knew.

44. Points out Sollecito says Romanelli’s door was wide open; Knox doesn’t notice theft. Crini highlights the ‘combination’ of inconsistencies

43. Knox thinks locked door is normal; does not flush toilet when finds feces; does not notice blood before having a shower; thinks blood is ok

42. Notes Knox’s statements are inconsistent and ommisive before her interrogation.

41. Crini speaks about Knox’s declarations. Interested in the timings. Says too much was repeated to be coerced.

40. Crini speaks about chapter 9, the statements of Sollecito. His call to her sister. His alert was late but even so preceded the postals arrive

39. Bathmat print and luminol prints were chapter 7. of Crini’s argument; 8. is the staging of theft.

38. The most significant stain may be the one in Romanelli’s room, says Crini.

37. Speaking of a female’s print left in luminol, Crini sounds outraged, saying other substances is vague unsubstantiated conjecture [eg it was blood not bleach]

36. Guede’s sentencing was not well calibrated says Crini. But a Guede alone scenario is not tenable

35. Does it make sense for Guede to leave there the evidence of (putative) theft, and clean footprints?

34. The unitary sense made by elements like the bloody print, is a cleanup. Considers the lone-perp scenario: inconsistent

33. Crini: starts talking about the isolated bloody print; calls it a ‘talking element’. Why is that print alone?

32. Suspects are only ones with a ‘logistic’ capability and an interest to ‘clean’ the murder scene. They aimed at ‘diminishing’ the evidence mass

31. Knox’s lamp was the only light in her room.

30. Crini: the perp(s) organized a rather complex plan to clean up and ‘sidetrack’ at the murder scene.

29. Still to be determined if calunnia was “occasional” due to pressure, or “aggravated” [sidetracking]; Crini saya a ‘depistaggio reale’ (sidetracking) occurred

28. Crini: suspects’ statements are extremely interesting: RS’s statements; AK’s e-mail, internet statements, [Knox’s] memoriale

27. Crini: a most fertile chapter of analysis is the ‘post-factum’ actions and behaviors of defendants

26. Crini has unfolded five chapters. Says he has a total of sixteen

25. Quintavalle, details of his testimony and woman’s description are exceptional indicators of accuracy.

34. Crini: it is unlikely that Quintavalle got it wrong. Because of contextual elements.

23. It is incorrect to dismiss a witness a priori because late. But for reasons totally different. Sometimes late is symptom of reliability.

22. Wants to deal with the issue of the fact that he came forward late, urged by an acquaintance

21. Crini: fifth argument is Quintavalle. He says he is sure about his testimony. Is a different kind of witness

20. Crini accepts both alternatives on time of death, after 23.15 or before 22.30 (but seems to prefer the earlier one)

19. Crini: Do not overestimate importance of timings that are not anchored accurately or cannot be proven

18. Crini: timeline is marginal to the case. All unproven timings to be taken cautiously.

17. Crini starts fourth theme: timings. Says they are very vague, except the tow truck

16. Crini: Curatolo is no ‘super-witness’, but can contribute to helping the court to draw their scenario

15. Curatolo saw a couple discussing and this memory is very specific, peculiar

14. Curatolo did not confuse night with Halloween, because it was big party in piazza the previous night, and because it did not rain

13. Crini: the court saw Aviello, shows what top [level] of unreliability is; the SC suspected so unreliable that calunnia elements had to be assessed

12. Crini: many trials could not exist if drug addicted testimonies were dismissed

11. Crini: the H-Z court assessed Curatolo a priori based on him as a person, stemming from questions of the court itself

10. Crini about Curatolo, describes Piazza Grimana; he was an habitual presence of the piazza, proven reliable in other cases

9. Crini: computer records and alibi point to Sollecito being not at home but on murder scene

8. Crini cites the log files of Fastweb: no internet activity, only automatic connections.

7. Crini: failure of computer alibi is evidence against, not just lack of confirmation.

6. Nencini notes prosecution did not ask to interrogate Sollecito. Crini cites D’Ambrosio’s computer expert report. No interaction before 5am

5. Sollecito gave computer alibi days later, and words his statement in the singular form.

4. Crini: first theme he deals with is presence of crime scene; alibi, if it’s false it is evidence no matter why false (cite from Guede trial)

3. Crini attacks the method of logic reasoning of annulled appeal: parceling out evidence, parrots aspects of civil procedure

2. Crini: Supreme Court censure was against the foundations of appeal , all parts not just some errors; appeal was ‘razed to ground’.

1. Crini: this appeal is unusual, not because of the case but for the course followed. Usually appeals are narrow, this SC annulment is not.

Tweets by Andrea Vogt

3. At Crini’s side in amandaknox appeal today is veteran Florentine prosecutor Tindari Baglione. Before this, he was in Cassazione.

2. Prosecutor Crini in Florence: don’t repeat error of Perugia appeal. Consider evidence wholly, including Curatolo.

1. Will prosecutors ask life sentences in amandaknox appeal today? Will Sollecito’s presence in court benefit him? Verdict January 10.

First post

This is the prosecution’s day. Sollecito is reported as being in court but low-key.

Various reporting notes the significant presence of Dr Tindari Baglione, formerly with the Supreme Court, about whom we posted on in September as follows:

The new Prosecutor General of Tuscany (Florence’s region) Dr Tindari Baglione, the chief prosecutor of Tuscany’s appeal court, is selecting the prosecutors for the appeal. He arrived in Florence in May of this year. He is said to be formidably unbending. He recently imposed tough sentences on 27 people for the environmental damage caused by illegal work in Mugello on the high speed rail link between Florence and Bologna.


Sunday, November 10, 2013

The Crime-Scene Clean-Up: How Rudy Guede’s Diary Provides Even More Proof That It Happened

Posted by pat az





This post is crossposted from my own place. Here is one of my previous crime scene analyses on TJMK.

Rudy Guede was ultimately declared convicted by the Supreme Court in 2010 of participating in the 2007 murder of Meredith Kercher.

The prosecution claims the two other participants are Amanda Knox and Raffaele Sollecito. Knox and Sollecito are currently appealing their conviction of the same crime.

The case against the three of them involves a suspected clean up of the hallway in the apartment after the crime. Meredith’s blood was found in the bathroom, and half a footprint in her blood was found on the bathroom mat. However, there was no visible blood between Meredith’s bedroom and the bathroom.

The only visible blood in the hallway were faint partial shoe prints that led directly out the front door of the apartment.

After the murder was discovered, the media reported almost daily on developments in the case. The day of the murder, the press reported on the blood found in the bathroom and the bedroom.

But until police used luminol at the apartment on December 18th, the media didn’t report on any significant blood found in the hallway.  Between November 2nd and December 18th, only one person stated that significant amounts of blood had been in the hallway.

Rudy Guede.

Rudy Guede actually wrote about it in his diary between Nov 20th and Dec 6th, after being captured in Germany.






The police arrived at the apartment on November 2nd. According to media reports, the blood they spotted immediately was only in the bathroom and Meredith’s bedroom.  When the scene was more closely examined, after the discovery of the body, police found visible blood patterns on the floor left by Guede’s left shoe as he left the apartment.

None of the people who arrived in the apartment on the afternoon of November 2nd reported seeing them; these footprints are not in any of the stories of the events of Nov 2nd told by Amanda Knox nor Raffaele Sollecito. So, while these prints were visible, they were not substantially obvious.

On December 18th 2007 investigators applied Luminol in the hallway and other bedrooms. This forensic chemical is used to detect blood which has been cleaned away. The Luminol revealed several footprints in the hallway between the bedrooms of Knox and Meredith. Example below. Some of these footprints were leading towards Meredith’s door.



They also discovered prints in Filomena’s room which contained Meredith’s DNA and Amanda Knox’s DNA. They also revealed a footprint in Amanda Knox’s bedroom. (The defense unsuccessfully contested the investigator’s conclusions that these prints were made with blood).

On November 19 2007, an international arrest warrant was issued for Rudy Guede. He was arrested in Germany on November 20th. Guede remained in Germany until his extradition on December 3rd.

During his stay in jail in Germany, Guede wrote a long statement that was published and translated. Guede’s writings are similar to to Knox’s jail writings in many ways - they both try to write out their own detailed version of events, while pointing blame elsewhere. 

But Guede’s comments may in fact be confirmation of a clean-up after the murder of Meredith Kercher (emphasis added):

I am asking myself how is it possible that Amanda could have slept in all that mess, and took a shower with all that blood in the bathroom and corridor? (Guede, Germany Diary, P21)

The police did not find evidence of any other blood until December 18th, AFTER Guede returned from Germany. As indicated above, the luminol revealed multiple footprints in the hallway, in Knox’s bedroom, and in Filomena’s bedroom. The image below shows these results in blue. Guede’s partial footprints are shown in red.






The conclusion is inescapable: Guede knew there would be significant evidence of blood in the hallway, before the police themselves found that evidence.

How did Guede know there would be more blood found in the hallway, before the police found that evidence on December 18th? And why wasn’t that blood there on the morning of November 2nd?

The courts believe the blood in the hallway was cleaned after the murder of Meredith Kercher. And the Micheli and Massei courts believed only one person had the motivation to hide this evidence: Amanda Knox.

Here is a summary of Judge Micheli’s October 2008 indictment finding.

In Judge Massei’s December 2009 trial finding for the original conviction of Knox and Sollecito, he also writes about the clean-up that the judges believed to have happened:

Further confirmation is constituted by the fact that, after Meredith’s murder, it is clear that some traces were definitely eliminated, a cleaning activity was certainly carried out. In fact, the bare foot which, stained with blood, left its footprint on the sky-blue mat in the bathroom, could only have reached that mat by taking steps which should have left other footprints on the floor, also marked out in blood just like (in fact, most likely, with even more [blood], since they were created before the footprint printed on the mat) the one found on the mat itself. Of such other very visible footprints of a bloody bare foot, on the contrary, there is no trace. (Massei, Dec 09; PMF translation)

In defense of Guede, Knox, and Sollecito, some might try to claim that Guede heard about blood in the hallway in the news. Rudy Guede was arrested 18 days following the murder of Meredith Kercher. During that time he had access to read the news and watch reports.

I have searched for articles in the period between November 2nd and December 18 which mention blood. All of the articles I have found so far discuss blood in the bedroom or the bathroom. One or two discuss footprints leading to the front door.

None of them discuss blood in the hallway that would justify a statement from Guede of “tutto quel sangue nel bagno e sul corridoghe” (all that blood in the bathroom and in the corridor)

Guede himself said he went between the bedroom and the bathroom, so may have tracked blood into the bathroom and therefore known blood would be found in the hallway.

Even that knowledge however confirms a clean-up, as there was not a trail of blood between the bathroom and Meredith’s room that justifies the footprint on the bathmat and blood found in the bathroom.

I have my own questions as a result of Guede’s knowledge of blood in the hallway:

Could the attack have started in the hallway? Could the first blood shed have been on the hallway tiles?

The prosecution and courts argue that Amanda Knox had a role in the attack and murder. Knox and her supporters are very adamant that there is no trace of Knox in Meredith’s bedroom. While the courts argue otherwise, could Knox’s role have been limited to the hallway?

Sadly, we may never know the full truth of what happened on the evening of November 1st, 2007.

My timeline of media reports on blood

  • Nov 2nd: Meredith Kercher found. Blood found in bathroom.
  • Nov 5th: Police analyzing traces of blood from apartment below.
  • Nov 5th:  A “trail of blood” is on the inside handle of the door to the apartment.
  • Nov 7th: reports of Amanda Knox’s statements, includes finding blood in the bathroom.
  • Nov 14th: Police use of Luminol at Sollectio’s house. First reports on the knife seized by police from Sollecito’s house.
  • Nov 19th: Analysis of blood in bedroom (pillow, bra, etc).
  • Nov 22nd: Guede’s prints in blood.
  • Nov 27th: Amanda Knox’s blood on bathroom tap.
  • Nov 28th: Blood in bathroom.
  • Dec 5th: Reports of Guede’s letter to father: “there was so much blood”.

My timeline of main events involving Guede

  • Nov 2nd, 2am – 4:30 am: Guede seen by witnesses at Domus nightclub.
  • Nov 3: Guede leaves Perugia for Germany
  • Nov 11: Guede’s cell phone tracked in Milan (Corriere)
  • Nov 12: Newspaper reports a 4th suspect.
  • Nov 19: Guede identified as suspect in newspapers
  • Nov 19: Guede skype conversation with friend.
  • Nov 20: Patrick released from prison.
  • Nov 20: Guede arrested while trying to return to italy on train in Germany.
  • Nov 21: Guede interrogated by German police; Guede admits to being at apartment, blames an italian man for murder.
  • Nov 20-Dec 5: Guede writes diary in German prison.
  • Dec 3:  Germany grants Guede’s extradition back to Italy.
  • Dec 6: Guede returns to Perugia.
  • Dec 7: Guede interrogated by Magistrate.
  • Dec 14: Guede ordered to remain in prison.
  • Dec 17: Knox is questioned by Mignini.
  • Dec 18: Police use luminol in apartment and find footprints in hallway and in Filomena’s bedroom.

Tuesday, October 22, 2013

The Meredith Case Wiki: A Highly Objective Summation Of The Case From Original Docs And Transcripts

Posted by James Raper





Some of our readers may not have noticed the new link to The Meredith Case Wiki to be found in the left hand column of this front page. I had not noticed it myself until recently.

This is an important link to a new website that is now a vital additional resource for those interested in understanding this case.

The website - The Murder of Meredith Kercher - is run by Edward McCall, with the assistance of other contributors, and TJMK is pleased to acknowledge and promote its distinctive and concise approach to presenting the facts of the case.

The site is modelled on the format of a page from the Wikipedia free encyclopedia.  As with a Wiki page it is easily navigable. The data presented under the various headings is the consequence of much research but it still remains a work in progress. Wherever possible the material used is referenced in footnotes.

It starts on the Main page with a Mission Statement and an Introduction to the case. It then considers the evidence and has a good section entitled Myths Debunked.

The reader can easily access significant court documents: the Massei Report, the Hellmann Report, the Galati Appeal and the Supreme Court of Cassation Motivations Report. There is an accessibly summary of the Matteini and Micheli Reports.

In particular, for the researcher, there is a most welcome section entitled Court Transcripts. Here can be found transcripts of witness testimony from the Massei and Hellmann trials, experts reports, and the various writings and testimony of Amanda Knox, Raffaele Sollecito and Rudy Guede. At least that is to be the hope ultimately as there exist a good number of gaps at present.

Already some of the witness statements have been translated from Italian to English but there are a number of transcripts still to be translated. If there are any translators who would wish to help, please contact us and we shall be pleased to put your name forward.

McCall wishes to acknowledge the massive contribution made by True Justice for Meredith Kercher. TJMK has perforce grown organically and exponentially over the years and has accumulated a breadth and wealth of data, in-depth analysis and informed comment on the case which is unsurpassed on the internet, or indeed anywhere.

It will continue to do so and report developments until the conclusion of all aspects of the case.


Saturday, June 01, 2013

Updating Our Scenarios And Timelines #1: The Timing Of RS Phone Events By Coordinated Universal Time

Posted by Cardiol MD





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Updating our scenarios

TMJK’s core focus has long been upon “What happened at 7 Via della Pergola, in Perugia, on the night of November 1-2, 2007?”

Over the last 4+ years, more than 20 TJMK posts, with more than 400 comments, have addressed the subject of possible scenarios and timelines for those events. They represent a lot of thought and many are worth reading if you haven’t come across them before.

This post is the first in a series that will reappraise the more probable speculations, using the current state of our information.

Coordinated Universal Time

Because our objective knowledge of the actual events is inherently limited, but the cumulative evidence is overwhelmingly large, each post will focus on a different aspect of that evidence, starting with the most reliable, accurate, and precise facts – the UTC Telephone Traffic Records created by the telephone systems of Italy, the USA, and the UK.

UTC [Coordinated Universal Time], “…is used for civil timekeeping all over the Earth’s surface…”

Therefore, for example, the timings of the mobile-phone, and landline-phone calls between Sollecito, in Perugia, Sollecito’s father Francesco, in Bari, and Sollecito’s sister, in Puglia, are precisely recorded – their Start, End, and Duration timings – but not their content. The Locations of the phones at those times are also detectable.

It’s almost as if the phone-users are wearing criminal-offender ankle-monitors.

The same goes for all the other civil-calls relevant here, including those between Knox, in Perugia, and her mother in Seattle.

As will be demonstrated, Knox & Sollecito falsehoods are decisively exposed as such by UTC and there are many open questions which they havent yet been made to confront.

Coordinated timekeeping is crucial. Uncoordinated timekeeping can result in the reporting of events before they have even occurred.

For example there were extensive extrajudicial arguments about the time-of-arrival of the Postal Police. I counted over 100 refs to this in the various books about the murder.

RS phone records for around1 Nov

Here is the UTC-recorded Telephone Traffic of Raffaele Sollecito’s mobile phone beginning with the entire day of Thursday 1.11.07 [from Massei Translation beginning p. 318]:

− 00:00:39 an outgoing call, just after midnight

− 00:57 an incoming SMS 319

− 14:25 an incoming call which lasted 58 seconds

− 16:50 an incoming call, coming from the mobile phone of the father, lasting 214 sec.

− 16:56 another call from the father (64 sec.)

− 20:42:56 call from the father (221 seconds):

This last is the conversation which Dr. Francesco Sollecito referred to, made at the end of the film he had just seen in the cinema, which the father recommended to the son, at which point Raffaele informed his father of the problem with the water leak in the kitchen.

The whole water-leak story is based on statements from the Defendants and their familial relatives. There is no separate proof.

Open questions:  Is this story an elaborate, and so-far successful, obfuscation?  What leaked? What stopped the leak?  Is the water-leak story linked to the knife? Is it linked to the time-of-death.

More open questions:  The incriminating kitchen-knife was scrubbed-clean? Well, almost.  Where was it scrubbed? When was it scrubbed? It was assumed the knife was scrubbed in Sollecito’s sink.

Suppose (as TJMK reader Domingo recently conjectured): “they deliberately disconnected the u-bend tube to make sure that it was cleaned out and that there was no DNA residue trapped there…” and that they did have difficulty reconnecting it properly, hence the leak.”

That would be AFTER the murder.  While trying to eliminate DNA-residue, that residue would now be all over the floor of a place Meredith had never been.  Hence the elaborate obfuscation?

Would Father Sollecito agree to indicate that the water-leak had occurred BEFORE the murder? Of course he would. From the Massei Report with regard to the day of Friday 2.11.07

− 06:02:59 Sollecito Raffaele received the SMS from his father wishing him a good night; from the evidence of the mobile phone record printouts of Dr Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07 [page 342]

Here is Amanda Knox, in the e-mail dated Saturday 4 November 2007: “We did not go out.”

Soon thereafter, she and Raffaele also left and went to Raffaele’s house‚ to watch a movie, have dinner and spend the evening and the night at home (written re night of Thurs Nov. 1-2, 2007 [Massei p.63] “

Here, spontaneously, not under any alleged police pressure, Knox publicises her alibi.

− [Friday] 09:24 AM Raffaele Sollecito received a phone call from his father lasting 248 seconds.

Open questions:  What were Raffaele and his father discussing that morning for over 4 minutes? Didn’t Raffaele know they had killed Meredith? Weren’t the phones already dumped? Wasn’t the break-in already faked? Hadn’t the clean-up been in-progress?

In Honor Bound (Kindle Locations 400-403). Sollecito acknowledges this call, writing: 

“My father called my landline a little before nine thirty the next morning to make sure we would be ready for our day trip to Gubbio. I was too groggy to talk. I’d been up several times in the night— listening to music, answering e-mail, making love— and wanted only to go back to sleep. Amanda got out of bed and said she was going home to shower and crawled back under the covers.”

− [Friday] 09:29 another call was received lasting 38 seconds.

Open question:  What were Raffaele and his father discussing now?

− [Friday] 09:30 the father called Raffaele; the call connected to the Vial Belardi sector 7 cell (the best server cell for Corso Garibaldi 30)

No apparent response – and probably not a private-signal.

- [Friday] 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)

− [Friday] 12:38: Vodafone sent a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)

− [Friday] 12:40: incoming call from the father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)

Open question:  What were Raffaele and his father discussing now?

− [Friday] 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320

Open question:  What were Raffaele and Vanessa discussing ?

− [Friday] 12:51:40 Raffaele Sollecito called ‚112‛ to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)

− [Friday] 12:54: a second call by Raffaele to ‚112‛ (57 sec.; connection to Piazza Lupattelli sector 7 cell)

− [Friday] 13:40:12: incoming call from the father (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)

− [Friday] 13:50: the father called for 178 seconds (Piazza Lupattelli sector 7 cell) [343]

Open question:  What were Raffaele and his father discussing for 3 minutes now?

− [Friday] 14:33: the father called for 21 seconds (as above)

Open question:  What were Raffaele and his father discussing now?

− [Friday] 17:01: the father called for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station .

Open question:  What were Raffaele and his father discussing now?

− [Friday] 17:42: the father called for 97 seconds (as above).

Open question:  What were Raffaele and his father discussing now?

With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)

− on [Wednesday] 31.10.07 Raffaele received *a call+ from the father’s fixed line (No. 080-3958602) at 22:14 for 44 seconds

− on [Thursday] 1.11.07 *he+ called the father’s house at 00:02:41 for 262 seconds

− on [Saturday] 3.11.07 at 14:16 note was made of two attempted incoming calls from the father’s fixed line.

For the entire day of Thursday 1 November and then of Friday 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing. ”

(To be continued.)


Wednesday, May 01, 2013

A Welcome To New Arrivals #1: An Experienced Trial Lawyer Recommends How To Zero In On the Truth

Posted by Some Alibi



[Merediths window is seen on the top floor of the house in the lower foreground]

Welcome To Common Sense

This briefing was first posted with slightly different opening paras at the start of the annulled Hellmann appeal. New arrivals often tell us this helped them the most.

If you’ve come to this website because of the Amanda Knox book and interview, then welcome.  Like all of us who come to this case, you have one key question: did they do it?  The Knox book and interview seriously cherrypick the case, and perhaps haven’t helped you at all.

On the Internet, you will find people who are passionate in their defence of Amanda Knox and Raffaele Sollecito; and you will find people who are passionate in their support of an exceptionally talented girl who died, of a fine justice system previously untainted by PR, and of the prosecution’s very strong case.

Click here for more


Friday, April 19, 2013

Tip for The Media: In Fact Guede Absolutely Couldnt Have Attacked Meredith Alone

Posted by Cardiol MD



[Bongiorno in 2011 trying to rattle an unshakable Guede claiming Knox and Sollecito did the crime]


The convicted murderer Rudy Guede to this day claims that Meredith let him into the house, so we cut him no slack for that.

But at the same time he was no drifter or serial knife carrier, he had no police record in 2007 (unlike Knox and Sollecito), and no drug dealing or breaking-and-entering has ever been either charged or proved.

In October 2008 Judge Micheli mistrusted and sharply rebuked a witness who claimed it just might have been Guede who broke into his house.

Guede seriously discounted his role on the night of Meredith’s death, but some physical evidence (not a lot) proved he had played a part in the attack. Thereafter his shoeprints lead straight to the front door.

Neither Judge Micheli nor Judge Massei nor the Supreme Court believed he acted alone or had any part in the very obvious cleanup that had been carried out.

The Knox and Sollecito defenses failed miserably to prove he climbed in Filomena’s window, and they never even TRIED to paint him as the lone attacker. That is why in 2011 we saw two of the most bizarre defence witnesses in recent Italian legal history, the jailbirds Alessi and Aviello, take the stand

Alessi got so nervous in claiming Guede told him Guede did it with two others that he was physically sick and had to take time off from the stand.

Aviello claimed his brother and another did it (not Guede) but then claimed the Sollecito family via Giulia Bongiorno floated bribes in his prison for false testimony.

Tellingly, although Bongiorno threatened to sue Aviello, she never has. Even more tellingly, Judge Hellmann himself initiated no investigation and simply let this serious felony claim drop dead.

Here is a non-exhaustive list of 20 reasons why Rudy Guede did not act alone, and why not one scrap of evidence has ever been found for any other two other than Knox and Sollecito themselves. 


1.    Included in Guede’s Supreme Court’s Sentencing Report was the fact that Meredith sustained 43 wounds

This fact was omitted from the Hellmann & Zanetti [H/Z] Report, for reasons that readers can only guess. This fact was also omitted from the Massei Report, probably out of humane respect for the feelings of Meredith’s family.

Its inclusion in the Supreme Court’s Report reflects the report’s factual completeness.  The PMF translation reads, in relevant part:

c) The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone….

Including the number of minutes occupied by an initial verbal confrontation, the escalation of that confrontation into taunting and then the physical attack, leading to the infliction of 43 wounds, and to the fatal stabbing, how many minutes would all of this occupied?

The prosecution estimated it took fifteen.


2.    Meredith had taken classes in dance and played sports (football, karate)

See the Massei Translation, p23


3.    Meredith was a strong girl, both physically and in terms of temperament

See the statements by her mother and by her sister Stephanie (hearing of June 6, 2009). and description of her karate “sustained by her strong character” (Massei Translation, pp23, 164, 366, and 369).


4.    Meredith must have been ‘strongly restrained’

See the Massei Translation, p371; p399, in the original


5.    Meredith she remained virtually motionless throughout the attack

That was in spite of Meredith’s physical and personality characteristics [Massei Translation p369]  [Massei Translation p370-371].


6.    The defensive wounds were almost non-existent

See the report of Dr Lalli, pp. 33, 34, 35 with the relevant photos. Massei Translation p370.


7.  One killer alone could not have inflicted the 43 wounds with so few defensive wounds.


8.    There must necessarily have been two knives at the scene of the crime

See the Massei Translation p377.


9.    A lone killer would have to use at least one hand/arm to restrain Meredith, and the other hand to hold one knife.

To use 2 knives a lone killer would have to place 1 knife down, leaving blood-stain[s] wherever it was placed, and then reach for the other knife. Even wiping the blades on the killer’s clothes, using the one hand, and later scrubbing of the knives would not erase all the blood, as has already been demonstrated.


10.    Two killers could divide their attacks by one killer using both hands/arms to restrain Meredith

Meanwhile the other killer used one hand/arm to restrain Meredith, and the other hand to use the various knives. Could a lone killer accomplish all that?


11.    The clothes that Meredith was wearing (shoes, pants and underwear) had been removed.

See the Massei Translation p.370

“It is impossible to imagine in what way a single person could have removed the clothes that Meredith was wearing (shoes, pants and underwear), and using the violence revealed by the vaginal swab, could have caused the resulting bruises and wounds recalled above, as well as removing her sweatshirt, pulling up her shirt, forcing the bra hooks before tearing and cutting the bra.” [Massei Translation p.370]



12.    Meredith’s sweatshirt had been pulled up and removed.

See the [Massei Translation p.370


13.    Meredith’s bra had been forcibly unhooked

See the Massei Translation p.370


14.    Meredith’s bra had been torn

See the Massei Translation p.370


15.    Meredith’s bra had been cut

See the Massei Translation p.370


16.    Violence to Meredith was revealed by the genital swab.

See the Massei Translation p.370

.
17.    In the H/Z Appellate Proceedings, not only did Sollecito’s Lawyers not allege a lone killer

They themselves brazenly introduced false testimony to the effect that there were two other killers.


18.    Even H/Z did not deny the complicity of Amanda Knox and Raffaele Sollecito.

Even H/Z seemed to conclude they are probably guilty, but not beyond a reasonable doubt:

… in order to return a guilty verdict, it is not sufficient that the probability of the prosecution hypothesis to be greater than that of the defence hypothesis, not even when it is considerably greater, but [rather] it is necessary that every explanation other than the prosecution hypothesis not be plausible at all, according to a criterion of reasonability. In all other cases, the acquittal of the defendant is required.” [H/Z p.92]



19.    Judge Micheli, in Guede’s trial, found that Guede did not act alone

And that the evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.


20.    Judge Massei’s court found that the evidence implicated Amanda Knox and Raffaele Sollecito

He concluded they were joint perpetrators with Rudy Guede in the murder of Meredith Kercher


Overwhelming, right? Is it really reasonable to claim as Sollecito did in his book that Guede was a lone-killer?  Doesn’t all this contradict the lone-killer theory beyond a reasonable doubt?


Thursday, September 06, 2012

Dissecting The Hellmann Report #5: Their Obfuscation of Time of Death and Of Legal Blameworthiness

Posted by Cardiol MD



[View down on Meredith’s very well-lit house from the apartment above witness Madame Nara Capezzali’s]


Surreal Documentary Context

We have a very surreal situation on our hands. One perhaps without legal precedent. As previously in this series the legal document being analysed here is the Hellmann-Zanetti appeal report. 

1) No main media in the US or UK have put that appeal report into English or done any serious legal analysis.

2) Nor have they translated the original trial report by Judge Massei or done any serious analysis of that.

3) Nor have they translated the tough and detailed appeal to the Supreme Court by the Chief Prosecutor of Umbria, Dr Galat, which was summarised and analysed by Yummi here. The meticulous PMF translation team should complete its translation soon.

4) None of the books on the case at present bring the legal developments up to the present or get into the details of the very tough Galati appeal.

Meanwhile the Knox and Sollecito teams are racing to get out their books in the US, with media interviews being scheduled, presumably in the hope that this vacuum of hard facts described above continues and they can fill it with their own kind of PR spin.

Of course none of this impinges on pending legal events in Italy where interested Italians have a radically different and more informed view. Except only to make sure everything is done correctly and firmly to the letter. 

As usual, Knox and Sollecito are coming across as if they are on a different planet. Not one good lawyer seems to be explaining things to them, or even be of top of things for that matter.


On Hellmann-Zanetti on Time of Death

In this series, my previous posts explained the distortions and illogicalities in the Hellmann-Zanetti appeal report in the passages on the calunnia (false blaming of Patrick), witness Curatolo, and witness Quintavalle, and also the seeming prejudicial language used throughout. 

Vital reading in advance of this post is Considering The Sad And Sensitive But Also Crucial Subject Of Meredith’s Time Of Death by my fellow lawyer James Raper.

He explained the difficulties of being precise about Meredith’s time of death, and he commented on Hellman-Zanetti as follows.

The first point to note here is that Hellmann misinterprets the first Court’s findings. He ignores the fact that the first Court did determine a TOD between 11pm and 11.30 pm as probable based on the pathology alone, and gave reasons for this.

None of the expert testimony is rehearsed, let alone re-evaluated by Hellmann.  He proceeds merely to discredit the reliability of the witnesses as to the other elements such as the scream etc.

One recalls that Nara Capezzali says that she heard a scream sometime between 11 and 11.30 pm. That there was a broken down car and the breakdown driver came and went between perhaps 11 and 11.15 pm.

As mentioned earlier his hypothesizing about the other elements leads him to a TOD of not later than 10.13 pm although this time seems a very random one based on what he presents. He talks in this section about Guede’s statement that he arrived at the cottage at 9 pm.

One suspects that if Hellmann could have fixed the time of death at 9.15 pm or 9.30 pm then he would have done so as either time would be a get out of jail free card for Knox and Sollecito.  He did not, but he got them out of jail nevertheless with his hypothesizing - here and elsewhere in his report.

So perhaps not surprisingly Dr Galati in his appeal to Cassation devotes nearly 3000 words to taking apart Hellmann-Zanetti’s arguments on Time of Death, under these 4 headings:

  • Defect or manifest lack of logic in the sentencing report
  • The intercepted chat [Guede on Skype]
  • Meredith’s mobile phones
  • The testimony of the three women [Capezzali, Monacchia, and Dramis]

Hellmann-Zanetti is politely but explicitly excoriated. In Dr Galati’s summarising of his own arguments he states this:

The claimed timing of the death of Meredith Kercher demonstrates a manifest illogicality in the reasoning, contains an unfounded assessment, and is manifestly in contrast with other court documentation of the case.

The internal and external inconsistencies of Hellmann’s statements on the topic constitute [yet another] violation of the Criminal Procedure Code.

Here are some examples of H/Z’s flood of reasons-to-doubt AK/RS’s guilt listed under Time of Death and not specifically mentioned in previous Dissections [my emphases]:

  • Capezzalli “…was not able to pinpoint an exact time…”
  • “…the source of those [the scream and other] noises is not certain at all….”
  • “…Monacchia’s testimony does not allow the time of the scream to be pinpointed at 11:30 PM, rather than at 11 PM or even before.”
  • “…she heard a loud scream of a woman, of which she could not however locate the source with certainty.”
  • “The witness was not more accurate about the time, she could not connect it to objective data, but in her first testimony [verbale], when she presented herself to the investigators (the transcript of November 8, 2008 used for the indictment) she mentioned [aveva indicato] ʺ… at about 11 PMʺ. Monacchia’s statements therefore increase the ambiguity, as circumstantial evidence, of Capezzali’s statements instead of resolving it.”
  • “Dramis, in fact, said that she went to sleep at around 11‐11:30 PM, and that she woke up later (without being able, however, to specify how much later, while not excluding that it could have been 11:30 PM) due to the noise of quick footsteps, but she could not specify their direction, nor if they were produced by one or more persons, and she also noted that such events are not at all uncommon in this place….. We find ourselves, therefore, confronting a piece of circumstantial evidence (scream and footsteps) [which is] extremely weak for its ambiguity, since it cannot even be placed with certainty in time.”



On Hellmann-Zanetti on Blameworthiness of Defendants.

As an example of a possible tendency under any legal system, Canadian law has already strayed-away on this subject, over a period of about nine years, and was only recently brought-back only by an Appellate ruling. So attempts to derail Italian law on this issue may be inevitable:

Canadian criminal law aims to maintain proportionality between the stigma and punishment attached to a conviction and the moral blameworthiness of an offender, in R v. Martineau (1990) the Supreme Court of Canada held that it is a principle of fundamental justice under sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms that a conviction for murder requires proof beyond a reasonable doubt of a subjective foresight of death. In so doing, the court effectively declared sections 213 and 229(a)(i) and (ii) of the Criminal Code of Canada lacking in constitutional muster.[7]

Section 213(a) provided that a conviction for murder would lie for any killing that was “objectively foreseeable as a result of the abominable nature of the predicate crimes…inter alia…coupled with intentional infliction of bodily harm”.[7] . This largely equated with a Canadian form of felony murder, though it is technically closer to constructive murder in other jurisdictions.[8] .

Nevertheless s. 229(c), which provides for a form of constructive felony murder in situations where “an accused for an unlawful object did anything knowing that it was likely [on an objective standard] to cause someone’s death” is still operative, as confirmed in a 1999 appellate court decision”

Common-Law ‘Malice’ has historically required that an accused “knew, or ought to have known that the relevant act was wrong.”

In that “ought” lies an escape hatch.

What we believe as to the blameworthiness of these three offenders is obvious - they were committing a premeditated felony-sexual-assault using means which were foreseeably lethal, and actually were lethal.

Hellmann-Zanetti have already made clear what their blameworthiness opinion would be, although they have evaded reaching the issue by arguing reasonable doubt that two of the offenders were involved in Meredith’s murder, and deserve no blame for it whatsoever.

A legal issue which may eventually need to be addressed is whether a conviction for murder requires proof beyond a reasonable doubt using a subjective foreseeability of death standard or using an objective foreseeability of death standard.

If a subjective foresight of death were ever applied to a found-guilty AK & RS, they could plead that they just didn’t foresee that pricking Meredith’s neck with those knives could kill her; it was just a prank. For example “we were only hazing her; anyway, we were either mentally-ill or drugged or just plain dumb.”

If an objective foresight of death finding were ever applied to a found-guilty AK & RS, who were obviously committing a felonious assault using foreseeably lethal means, Meredith would get True Justice.

Posted on 09/06/12 at 02:33 PM by Cardiol MDClick here & then top left for all my posts;
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Sunday, August 19, 2012

Dissecting The Hellmann Report #4: The Contortions To Dismiss Witness Quintavalle

Posted by Cardiol MD



[Above: Images of Mr Quintavalle’s Conad store; he serves at far left, his cashier serves at far right]


Scroll down here for previous posts in this series.

Mr Quintavalle owns the Conad franchise at the lower end of Via Garibaldli, about halfway between Meredith’s place and Sollecito’s. Judge Massei in his trial sentencing report had stated this about Mr Quintavalle on page 83:

This Court deems that the testimony of Quintavalle is reliable. It was discovered that Inspector Volturno did not ask Quintavalle if, on the morning of November 2, he saw Amanda Knox in his shop.

He was asked – so Quintavalle recalled - about purchases made by Raffaele Sollecito. Mr. Quintavalle did not say anything about having seen Amanda Knox on the morning of November 2, 2007 in his shop because he was not questioned about this and because, as indicated by Quintavalle himself, he considered this fact to be insignificant.

This post exemplifies how the Hellmann-Zanetti web of deception uses a flood of reasons-to-doubt in its attempt to discredit Massei’s conclusion that Quintavalle was a reliable witness. Remarkably, the judges did not even recall Mr Mr Quintavalle, and mostly they work from the brief summary of his testimony in Massei’s report and little else.

Quintavalle’s testimony is key to the guilty verdicts against Knox and Sollecito, and contrary to Hellmann-Zanetti’s improper purpose; therefore they proceeded to systematically “disprove” Massei’s conclusion, stating this on page 39:

Indeed, Quintavalle asserts that she left without having purchased anything.

Verbatim from the hearing of March 21, 2009:

The Hellmann report here proceeds to selectively quote the hearing-transcript in a manner contrary to the usual and customary English-language meaning of “verbatim”. It may be that Hellmann-Zanetti meant to indicate that only the words they did quote were verbatim, and that their ellipses indicated innocent omissions. However the effect of their omissions is not innocent.

…If they had asked me…also because, I repeat, I, when the young lady came into my store, I did not see her leave with anything, because when she passed by and passed by again, when she left and I saw her, out of the corner of my eye I saw her leaving, I did not see that she had a shopping bag or anything in her hands.

PRESIDING JUDGE [PRESIDENTE]: You are speaking of the morning of November 2?

ANSWER: The morning of November 2. I don’t know if she bought anything, I don’t know. My cashier doesn’t remember if she bought anything, I am not able to say whether she bought something or not…”

If one wanted to maintain that perhaps Quintavalle is wrong, because she actually did purchase something, it would be correct to observe that if he could be wrong on this point, and also about the clothing she was wearing, then he could also be wrong about the identification of the young woman [giovane] as Amanda Knox.

Finally, the testimony of the witness Quintavalle does not seem reliable, and, in any case, represents an extremely weak piece of circumstantial evidence.”



Examples of Hellmann-/Zanetti’s flood of Reasons-to-Doubt [That AK/RS are Guilty] :

From Hellmann-Zanetti pages 39-43:

Quintavalle

Another piece of evidence [uno degli elementi] on which the Court of first instance based its conviction of guilt is represented by the testimony of the witness Quintavalle, owner of a grocery store in Corso Garibaldi, not far from Sollecito’s house but also just a few minutes from via della Pergola: he in fact asserted that he saw, early in the morning of November 2, a young woman enter[sic] his store after having waited for it to open, whom he later recognized as Amanda Knox.

According to the prosecution (and to the Court of first instance), this circumstance proves that, contrary to the alibi she gave, she did not sleep at Sollecito’s house until late in the morning, but went very early to Quintavalle’s store, as she urgently needed to acquire a cleaning product suitable to clean the house in via della Pergola of her own traces and those of Raffaele Sollecito, before the police could intervene and take samples, since it was inevitable that sooner or later the alarm would be given because of what had happened.

In reality, even under the assumption that the circumstance is true, this would be a weak piece of circumstantial evidence, incapable in itself of proving guilt even presumptively; but in any case this Court holds that the testimony of the witness is not very reliable, in particular in what concerns the identification of the early‐morning client with Amanda Knox.”



(1) Reason-to-Doubt #1:  “…INCAPABLE IN ITSELF of PROVING guilt even presumptively….”

The reader is being steered away from a level of doubt that is beyond-reasonable, and towards the territory of reasonable-doubt-that -AK/RS-are-Guilty. 

“INCAPABLE IN ITSELF” improperly isolates the issue from all the other considerations which should simultaneously-be-taken-into-account.

“PROVING” improperly implies an inappropriate standard of ‘certainty’.

….this Court holds that the testimony of the witness is NOT VERY RELIABLE, in particular in what concerns the identification of the early‐morning client with Amanda Knox.

Logically “not very reliable” does not exclude “reliable” but Hellmann-Zanetti presumably don’t intend to concede that Quintavalle is reliable; this betrays Hellmann-Zanetti’s extreme bias and determination to exclude Quintavalle’s damning identification of [their client?] Knox.

Later on page 38:

In fact, he presented himself to the police only a year later, following intense urging by a young apprentice journalist…..”

This is a misleading reference to Antioca Fois; see Massei page 84:

He later spoke about having seen Amanda Knox because a young man who used to live above his shop, who he knew, Antioco Fois, had just graduated and had become a freelance reporter for the newspaper Giornale dell’Umbria. When he passed him, he would sometimes ask: “But do you know anything? Did you see something? Did you hear something?”

So one day Quintavalle told Fois that he had seen Amanda Knox on the morning of November 2; later he decided to go to the Public Prosecutor’s Office because Antioco Fois convinced him that this fact might be important.

So the “intense urging” was more like friendly exchanges with Quintavalle’s neighbour, a former lodger.


(2) Reason-to-Doubt #2:  “In fact, he presented himself to the police only a year later….”

Readers are invited to mistrust Quintavalle because he belatedly told this to the police for an untrustworthy reason, steering them further away from a level of doubt [with regard to Knox/Sollecito guilt] that is beyond-reasonable, and further into territory that is reasonable-doubt of their guilt.

Later still on page 38:

Now, what actually happened more than a year before Quintavalle presented himself to the police is absolutely not irrelevant, for the purpose of evaluating the reliability of the witness, especially from the point of view of the genuineness of his memories and the exactness of the identification.



(3) Reason-to-Doubt #3:  “absolutely not irrelevant, for the purpose of evaluating the reliability of the witness”

This double-negative statement further invites Readers to regard Quintavalle as unreliable because his memories are false, and his identification of Knox is too inexact. Steering Readers yet further into a level of doubt of Knox’s guilt that is reasonable-doubt.

Yet further down on page 38:

…..this was a witness who – taking into account what he himself explained – took a year to convince himself of the precision of his perception, and the exactness of the identification of Amanda Knox with the girl that he saw, although he was able to appreciate the relevance of his testimony already in the days immediately following the murder.



(4) Reason-to-Doubt #4: “..took a year to convince himself…”

From Hellmann-Zanetti page 36:

…..took a year to convince himself of the precision of his perception, and the exactness of the identification of Amanda Knox with the girl that he saw, although he was able to appreciate the relevance of his testimony already in the days immediately following the murder.

Repetition of reader-invitation to regard Quintavalle as unreliable, because his perceptions are not precise enough for Hellmann-Zanetti, and his identification of Knox was too inexact even though he knew at that time that his testimony was crucially relevant.

The reader is being steered even further away from belief that Knox and Sollecito are guilty towards the territory of reasonable-doubt-that -AK/RS-are-Guilty. 

Are we there yet? Is there reasonable-doubt-that-AK/RS-are-guilty NOW?!


(5) Reason-to-Doubt #5: “Quintavalle cannot maintain that…”

Near the bottom of Hellmann-Zanetti page 38:

...from the testimony of Inspector Volturno at the hearing of March 13, 2009, it turned out that Quintavalle and his employees and other shopkeepers in the area were shown photographs of Raffaele Sollecito and Amanda Knox, and were asked in particular to mention any possible purchases of cleaning products on the part of the couple, as this was a precise focal point of the investigation. Thus, Quintavalle cannot maintain that he did not mention what he saw on the morning of November 2 to Inspector [53] Volturno because he did not think it was a relevant circumstance.

Readers are yet further invited to mistrust Quintavalle, because his failure to “mention” everything he had seen, and his idea of “a relevant circumstance” were unacceptable to Hellmann-Zanetti. 

That’s already five reasons to doubt on the first Quintavalle page alone.

See also Hellmann-Zanetti page 42:

....according to Quintavalle’s own statements – he only caught a glimpse of the girl, first out of the “corner of his eye” and then from a bit nearer for a few moments, but never from the front (verbatim from the hearing of March 21, 2009: “Yes, then she entered, I saw her let’s say like this, three quarters left, three quarters of the left side. I didn’t see her from the front…”

And Hellmann-Zanetti page 43:

“....when she left and I saw her, out of the corner of my eye I saw her leaving,”

Hellmann-Zanetti are now reduced to semantic quibbles about Quintavalle’s use of words to describe his visual-angle-of-view when he looked at Amanda Knox’s face.

But see Massei page 83:

This young woman remained impressed in his memory because of her very light coloured eyes, azzurri [light blue]. …. she could have been 1.65 to 1.67metres tall. Her face was bianchissimo [very light skin colour] and she apparently was about 20-21 years old.

And see Massei page 84:

...it is worth observing that the witness gave a precise description of what he saw on the morning of November 2 and also provided a description of certain physical features of the woman he saw (light blue eyes and pale face) which, together with the unusual time, may well have fixed in his memory what Quintavalle said he saw.

So by selective omissions of the contents of the Massei Report, based on the 4-dimensional observations of the Massei trial hearings, Hellmann-Zanetti use a 2-dimensional record of the Massei Proceedings, and semantic quibbles about Quintavalle’s angles of visual observation, to discredit Quintavalle’s testimony.

Even though Quintavalle - who the Hellmann-Zanetti jury never even saw - had testified convincingly at trial that it was Amanda whom he saw in his shop at opening-time on November 2, 2007, and he had held up well under cross-examination.

Enough already? Isn’t this a contorted flood of Reasons-to-Doubt-That-AK/RS-are-Guilty?  Do you now believe that Quintaville is an unreliable witness?

If you now believe that Quintaville is unreliable, then Hellmann-Zanetti will have accomplished their mission.


[Below: Conad is at right and School for Foreigners at back. RS’s place maybe 500 meters behind, up the hill]


Posted on 08/19/12 at 09:07 PM by Cardiol MDClick here & then top left for all my posts;
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Wednesday, May 09, 2012

Considering The Sad And Sensitive But Also Crucial Subject Of Meredith’s Time Of Death

Posted by James Raper





The following is a discourse on the time of death (TOD) arguments in the case.

These have been summarised but not analysed in depth yet on TJMK. A discussion on the pathology is not really everyone’s cup of tea, but the issue was examined in some detail by Massei and to some extent by Hellmann with somewhat differing conclusions reached.

The topic is relevant because Judge Massei used (inter alia) the expert’s findings to corroborate a TOD being after 11pm, more toward 11.30pm, whereas Judge Hellmann argued an earlier TOD as follows: “it is more consistent….to hypothesize that in fact the attack, and hence the death shortly thereafter, occurred much earlier than the time held by the Court of first instance, certainly not later than 10.13 pm”.

In addition to what is covered by the contents of these two Motivation Reports, there is an argument which is presented by the Friends of Amanda, and in particular Chris Halkides who I understand is, or was,  an Associate Professor of Chemistry and Biochemistry at the University of North Carolina. In fact he presents an argument put forward by Professor Introna (Sollecito’s expert) during the trial.

This argument is to do with the standard time for the stomach to empty from the start of a meal, and relating this to the autopsy findings and in particular that of the pathologist Dr Lalli who found that Meredith’s stomach was 500cc full but that there was no material to be found in the duodenum.  Halkides’ argument is that this demonstrates conclusively that Meredith was attacked shortly after her return to the cottage at 9pm and would have died shortly thereafter. The significance of this, if correct, is apparent in that it opens up, or at least it raises a doubt as to whether there is or not a verifiable alibi for Knox and Sollecito. 

Although Knox does not have an alibi from the time of Meredith’s return home at 9pm, there was human interaction, the last, on Raffaele’s computer at 9.15pm, and one might assume that they were together at that time.  But no verifiable alibi until one takes into account that Curatolo says that he first saw the two on Grimana Square around 9.30pm.

My area is the law, and I have no medical or scientific expertise, so I hesitate to go up against anyone who has, but nevertheless I will endeavour to summarise and rationalise the evidence, arguments and conclusions as presented by Massei, Hellmann and Halkides.

First a word about the digestive system.

Food, already masticated, passes through the esophagus to the stomach, where it is broken down by acids, from where it then passes to the small intestine from whence the body extracts the nutrients it needs.  The duodenum is that part of the small intestine right next to the stomach and it’s function is to dissolve the food “juice” further with enzymes before passing it on to the rest of the small intestine.

Judge Massei

Judge Massei considers the experts’ findings in the following areas to determine a likely time of death.

The first is temperature decrease, “taking the Henssge nomogram into account: rigor mortis; hypostatic marks” etc.

One can note that in fact rigor mortis and the hypostatic marks were not in the least bit helpful due to the 12 hour delay in the pathologist getting to examine the body.

That apart, nevertheless ……“These led Dr Lalli to conclude that death may have occurred between 21 hours 30 minutes, and 30 hours and 30 minutes, before the first measurement, and thus between approximately 8 pm on November 1st 2007, and 4am on November 2nd….The intermediate value also indicated by the mathematical reconstruction (26 hours prior to the first measurement) puts the time of death at approximately 11 pm.”

Just how one works out TOD on temperature decrease indicators, especially in the absence of a pathological examination earlier than that which took place here, is pretty technical.  I will not attempt to present the data (some of which is missing i.e Meredith’s actual body weight) or explain the mathematical models (so as to calculate body weight and the rate of cooling) (the Henssge nonogram appears to be one such mathematical model in graph form) that the experts used. 

Nearly all the experts, other than Professor Introna, whilst having marginal disagreements about data and formulae, were not in fundamental disagreement about the wide parameters of or even Dr Lalli’s conclusion of a TOD of approximately 11pm.

Professor Introna departed from the other experts to use an “ideal weight” and a specific formula to calculate the ideal weight, to produce a TOD of 8.20pm when of course we know that Meredith was still very much alive. Thus Massei ruled out ideal weight calculations as unreliable and used a median weight based on Dr Lalli’s guesstimates of Meredith’s weight (as used by the other experts) on first examination and at autopsy, though she was not actually weighed at all.

The second area is gastric emptying of the stomach.

It was acknowledged by all the experts that there is something like a standard period between the time that food enters the stomach and it then being processed through into the small intestine.  There was, however, some disagreement as to the parameters, ranging between 2-3 hours and 3-4 hours. One could therefore say 2-4 hours. Remember this.

Most of the experts agreed though that individuals are different, and there are variables leading to wide discrepancies including the type of meal eaten. A number of the experts heard said that the state of digestion was probably the most unreliable indicator as to the TOD.

All agreed that acute stress, psychological as well as physical such as an attack, would inhibit the digestive process.

I will not rehearse Professor Introna’s argument here as this, essentially, is the argument which Chris Halkides deploys, to which I will come in a moment.

It is fairly clear that Massei found the information as to body cooling time more convincing than information as to the state of digestion. However, as I understood it, the Appeal Court was going to be asked to re-evaluate precisely that. Did it?

Judge Hellmann

The Court of Assizes of first instance has acknowledged the difficulty in precisely fixing the time of death based merely on autopsy criteria. Since not all the accurate data is available, the time span within which the death of Meredith Kercher can be placed based on such criteria remains very widely outlined: between 9pm and 9.30pm of November 1st 2007, and the early hours of November 2nd.However, in reconstructing the sequence of events the Court of first instance assessed it was able to fix the time of death based on other elements, in particular the harrowing scream….

The first point to note here is that Hellmann misinterprets the first Court’s findings. He ignores the fact that the first Court did determine a TOD between 11pm and 11.30 pm as probable based on the pathology alone, and gave reasons for this.

None of the expert testimony is rehearsed, let alone re-evaluated by Hellmann.  He proceeds merely to discredit the reliability of the witnesses as to the other elements such as the scream etc.

One recalls that Nara Capezzali says that she heard a scream sometime between 11 and 11.30 pm. That there was a broken down car and the breakdown driver came and went between perhaps 11 and 11.15 pm.

As mentioned earlier his hypothesizing about the other elements leads him to a TOD of not later than 10.13 pm although this time seems a very random one based on what he presents. He talks in this section about Guede’s statement that he arrived at the cottage at 9 pm.

One suspects that if Hellmann could have fixed the time of death at 9.15 pm or 9.30 pm then he would have done so as either time would be a get out of jail free card for Knox and Sollecito.  He did not, but he got them out of jail nevertheless with his hypothesizing - here and elsewhere in his report.

I could just stop here because further discussion on the pathology itself would seem irrelevant as regards the appeal to Cassation, though it could really matter at a second appeal trial.

But here is a comment about Chris Halkides because some do say they find his conclusion convincing.

Chris Halkides

My summary of his argument.

The stomach was full (or at least had 500 cc of contents) and the duodenum had no material in it.  As the duodenum had no material in it then, Halkides deduces, the stomach had not started to release any part of the meal Meredith had consumed at Robyn Butterworths’ into the small intestine at TOD. Death stops the digestive process.

The contents of the stomach observed by Dr Lalli included some of the apple crumble eaten by Meredith and what appeared to be items, in a very advanced state of acidification, thought to be pizza toppings. Meredith and Sophie had eaten pizza at Robyn Butterworths’ home, followed by the apple crumble. In addition there was a small measure of alcohol in the stomach equivalent to a glass of beer.

They had started eating at about 6pm (some accounts e.g John Follain’s have it earlier at 5.30 pm) or maybe 6.30 pm, putting on a DVD to watch a film and finishing at 8 pm or perhaps 8.30 pm. The times here are an indication if anything and are not to be treated as completely accurate.

If it was 6.30 pm that Meredith began to eat then using the standard parameters discussed by Massei we have latest TODs of 9.30 or 10.30 pm for when material from the stomach should have started to enter the duodenum. Not later and certainly not as late as 11 or 11.30 pm.

That is Halkides’ argument in a nutshell. He argues that TOD is actually about 9.30 pm. If so it would have been impossible for Knox and Sollecito who were still at the flat at 9.15 pm and who were seen in the square at 9.30 pm to have committed the murder.

He has referred me to an article in the Journal of Gastroenterology and Hepatology about an experiment conducted on volunteers where the mean time (for 95 individuals) for gastric emptying of solids is 127 minutes, give or take, I think, twenty minutes either side.

Using the mean, to be pedantic, this would mean that Meredith died before she got home or at the latest immediately on arrival (6.30 + 2 hours 27 minutes = 8.57 pm.)

That article, incidentally, was published in 2006. It doesn’t seem to date that the results have been peer reviewed and verified and I would have thought that the experts who testified at the trial in 2009 would have been aware of it. So the data set out here may be suspect for a given individual and does not take into account variables excluding age, sex and body mass index which the research found to have no significant correlation.

In any event Halkides is quite happy to have a latest parameter of 3 hours, but no longer. Indeed that would be what brings us to 9.30 pm.

The problem I detect with his argument is twofold.

Firstly there is the uncertainty as to when Meredith began to eat at Robyn’s home (and since it was a two course meal, when she began to eat the apple crumble) and secondly Halkides’ argument is predicated on that two course meal being her last.

If the apple crumble was eaten at 8 or 8.30 pm then (adding on the 2 hours 27 minutes from the above research) it may still have been in her stomach at 10.27 or 10,57 pm, or later indeed (which Halkides has to concede) since the digestive time from the research is only an average.

So with a parameter of 3 hours we might just as well say 11 pm or 11.30 pm.

In addition to variables we could take into account inhibitors such as Meredith suffering acute psychological stress commencing…well…we cannot be certain when, can we?.

One can play Hellmann’s game and hypothesize to our advantage a number of stress situations on that fateful evening, starting quite early. No one has to accept Massei’s hypothesis of a Meredith on her own and in relaxed mode until about 11pm. Massei’s hypothesis here is in no way crucial.

Furthermore the hypothesis that Meredith actually ate a further snack on her return to the cottage does seem to have some basis in fact in that at the autopsy the pathologist found a mushroom in her esophagus. Mushrooms specifically had not been a topping on the pizzas baked at Robyn’s home. As to the alcohol in her stomach no alcohol had been consumed at Robyn’s home, only water.

It might sound a bit flippant for me to suggest it but it might be the case that Meredith, who was passionate about pizzas, had a beer and grilled a quick meal of pizza toppings from the fridge for herself which Halkides mistakes for evidence of the pizza still in the stomach.

That Meredith might still have been hungry might be because she had not, until eating at Robyn’s, eaten for a considerable time beforehand.

She had been partying all night Halloween and had gone to bed at about 4 am, rising at about midday, and then leaving not so long afterwards to be with her friends. Whether she had anything to eat at the cottage before leaving on the afternoon of the 1st, we simply don’t know.

Knox tells us in her e-mail to Seattle that she and Raffaele cooked and ate there, but she does not mention Meredith having anything to eat, and Meredith left before they did.

For some reason John Follain thinks Meredith did eat then, Paul Russell that she did not. I do not see how either could be sure. If it had been me I might have felt up to a nibble but not much more knowing that in a few hours I would be eating a meal with my friends.

It seems to me that it is quite possible that Robyn’s pizza had passed through the stomach, duodenum, and indeed perhaps most of if not the rest of the small intestine by 11.30 pm and that the apple crumble had not even begun to enter the duodenum.

Let us assume that Meredith actually started her pizza at 5.30 pm (according to Follain) finishing at 5.40 pm. As she was already hungry the stomach acids go to work straight away and the pizza passes at the earliest to the duodenum after two hours, spending a further three and half hours (as per literature) in the small intestine before passing to the rectum . A total of five and a half hours.

Thus the small intestine had disposed of it by 11.10 pm. There would however be an unlikely gap to the consumption of the apple crumble. Yet if the apple crumble was consumed after the DVD (watching the film The Notebook circa 123 minutes) then that would be around 8 pm, entering the duodenum three and a half hours later (possible) at 11.30 pm or at least it would be doing this but for the fact that Meredith was already the subject of a vicious attack inhibiting the digestive process.

I accept that I am not using uniform digestion times in this speculation (indeed I have deployed earliest and latest parameters at will) but nevertheless they are within the parameters accepted by the experts, and even, at a push, by Halkides as well.

The point is that this is a complicated topic and there are many imprecise details that do not allow for certainty but only probablilities, or in some instances, possibilities. This Massei, and to a certain extent Hellmann recognized.

Nobody can be precisely sure and so any other timeline or alibi must stand or fall on their own.

Posted on 05/09/12 at 12:11 PM by James RaperClick here & then top left for all my posts;
Right-column links: The officially involvedPolice and CSIEvidence & witnessesThe timelinesTrials 2008 & 2009Massei prosecution
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Tuesday, October 11, 2011

Excellent Sunday Times Report On The Many Killer Questions The Second Appeal Next Year Might Answer

Posted by Peter Quennell



[Rome: St Peter’s and Vatican in foreground; Supreme Court large white building in right background by River Tiber]


It really ain’t over until it’s over, and knowing the hyper-cautious Italian justice system, maybe not even then.

Now the drama moves to Rome.

Before any verdict and sentence in the case can become final, under Italian law and the constitution the verdict and sentence must be endorsed by the Supreme Court of Cassation.

If either the prosecution or defenses demand that issues be looked at by Cassation (as we know, the prosecution will) Cassation will do so, and it may punt the case back down to the first appeal court to re-examine questions or even run a complete re-trial at first appeal level.

At Cassation level the prosecution is likely to have at least five advantages.

    1) A confusing Hellman sentence report seems likely which won’t be able to dispose of the Massei and Micheli reports because the Hellman court did not re-examine all issues

    2) Cassation’s ruling on the final appeal of Rudy Guede which points to three perps, and Cassation’s general tendency to side with trial courts against first-appeal courts.

    3) The likelihood that only the prosecution will file issues for consideration by Cassation and not the defenses and so the prosecution will dominate all proceedings.

    4) Amanda Knox and Raffaele Sollecito and entourages seem unlikely to be there in person for the Cassation hearings or a retrial, and emotive factors would be less in play.

    5) The Italian media and Italian public opinion and increasingly UK and US opinion seem to be taking the position that the Hellman appeal decision was unsatisfactory.

Two days ago, the Sunday Times ran this fine analysis below by their reporter on the case, John Follain, of the open issues that will be facing Cassation and possibly again facing the lower appeal court. 

With a dozen books out John Follain has by far the largest and most impressive book publishing record of any reporter on the case.

Publishers Hodder and Stoughton have announced that his book Death in Perugia: The Definitive Account of the Meredith Kercher Case will be released first in the UK later this month - on 25 October.

KILLER QUESTIONS; The acquittal last week of Amanda Knox only deepens the confusion surrounding the murder of the British student Meredith Kercher. John Follain, who has investigated the case for four years, unpicks the evidence How could one man pin Meredith down and inflict those injuries?

By John Follain in Perugia.

They may have been coached to hide their true feelings, but the expressions of the judges and jurors were an open book. Surprise and shock registered on the faces of the appeal tribunal in Perugia as they watched a video taken by the forensic police who searched the whitewashed cottage where Meredith Kercher was murdered.

That summer’s day in the medieval, vaulted Hall of Frescoes was the pivotal scene of the 10-month appeal trial of Amanda Knox, 24, and Raffaele Sollecito, 26 — the moment that freedom suddenly became possible, if not probable, for the former lovers.

The rotund, bespectacled Stefano Conti, one of two specialists in forensic medicine appointed by the court to review two crucial traces of DNA evidence, gave a sardonic running commentary on the behaviour of the Roman scientific squad searching for clues in the cottage. They failed to use clean protective gloves to handle each item of evidence or biological sample, Conti pointed out. They passed Meredith’s bra clasp to one another before placing it back on the floor where they had found it. The officer who picked up her bra wore no gloves at all.

As the senior appeal judge, Claudio Pratillo Hellmann, recalled last week after acquitting Knox and Sollecito of sexually abusing and murdering Meredith, the DNA review was “the most difficult moment” of the trial.

“The prosecutors understood that their case was at risk, and it was at that moment that the trial became a battle with no holds barred,” he said.

The courtroom fight over this international cause célèbre ended with a sobbing Knox being rushed out by guards and flown home to a heroine’s welcome in Seattle.

But, far from resolving the mystery of how and why Meredith died, the acquittal has fuelled the unanswered questions over her fate. Are we “back to square one”, as Meredith’s brother Lyle said after the verdict? What are the mysteries still to be resolved? And will we ever know what truly happened? MEREDITH, a 21-year-old language student from Coulsdon, Surrey, was found lying virtually naked, her throat cut, in her bedroom in the house she shared with Knox and two other young women on the afternoon of November 2, 2007. “Case closed,” an overoptimistic police chief proclaimed just four days later.

The investigators thought Knox had handed them the keys to the mystery. Under questioning she placed herself at the crime scene on the night before the body was found. She had been in the kitchen, with her hands over her ears, she said, while Patrick Lumumba, a Congolese bar owner for whom she worked as a waitress, killed Meredith.

Police promptly arrested Lumumba, Knox and her boyfriend. But Knox later went back on her testimony, insisting she had been with Sollecito at his flat all night.

Investigators were forced to release Lumumba after witnesses testified he had been working at his bar on the night of the murder. Knox and Sollecito stayed behind bars.

Forensic evidence then prompted the arrest of another African immigrant, Rudy Guede, an Ivory Coast drifter. Part of his palm print was on a cushion under Meredith’s body, his DNA was in her body where he had apparently groped her sexually, and his DNA was mixed with hers in drops of blood inside her shoulder bag.

The prosecutor, Giuliano Mignini, accused Guede, Knox and Sollecito of killing Meredith when she resisted their attempts to force her into a sex game.

Certainly, there appeared to be compelling evidence that Knox was lying. She had tried to frame Lumumba. The defence now claimed that an intruder had broken into the cottage and attacked Meredith; but the break-in had clearly been staged. Amateurishly, a room had been ransacked before the window into it was smashed — the glass lay over the strewn clothes instead of under them. Was this to cover Knox’s tracks? There were mixed traces of Knox’s and Meredith’s blood in the bathroom and another room. Bloody footprints had been left by Knox and Sollecito in the bathroom and in the corridor. Knox had behaved bizarrely at the police station after the murder, kissing and caressing Sollecito and doing yoga exercises. Sollecito had said he spent much of the murder night on his computer, but this was disproved by experts.

Still, this was all circumstantial evidence rather than proof. The Rome forensic police came to the rescue of the prosecution team. They reported that Meredith’s DNA was on the blade of a kitchen knife found at Sollecito’s flat — and Knox’s was on the handle. This was believed to be one of the murder weapons.

Forensic pathologists said Meredith’s wounds had been caused by two knives, pointing to more than one killer. The team from Rome also reported that Sollecito’s DNA was on Meredith’s bra clasp. (Only much later would it emerge that the police had retrieved this from the bedroom floor a full 46 days after first spotting it.) The case rapidly became a sensation. The prime suspect was an intelligent and alluringly pretty American, only 20 at the time, who, reporters joyously discovered, had been nicknamed “Foxy Knoxy” back home in Seattle. That this was for her skills on the soccer pitch was lost in the rush to find out more.

Dozens of witnesses and expert consultants passed through Perugia’s Hall of Frescoes during the first trial, which lasted for much of 2009.

Knox was portrayed by the lawyer for the bar owner, Lumumba, as an unscrupulous and manipulative she-devil, and by her defence team as “a wholesome girl” wrongly accused.

The prosecution case was that Kercher, a hard-working young woman from a modest background, had become exasperated by Knox’s slovenly and promiscuous behaviour as a housemate.

She had remarked to her father that “Amanda arrived only a week ago and she already has a boyfriend”. She told friends that Knox left a vibrator and condoms in the bathroom and brought “strange men” to the cottage. Investigators leaked Knox’s diary, in which she had listed seven sexual partners, three of whom she had slept with after her arrival in Italy, including a man she had met on the train on her way to Perugia. On Facebook she had put down as her interests: “Men.” Unable to prove exactly what had happened on the night of the murder, Mignini offered a plausible scenario based on Meredith’s 43 knife wounds and bruises.

He suggested that an argument between Meredith and Knox escalated when Guede and Sollecito joined the American “under the influence of drugs and maybe of alcohol” in trying to force Kercher into a heavy sex game that ended in murder. The sensational 11-month trial ended in guilty verdicts and jail sentences of 26 years for Knox and 25 years for Sollecito.

Some months later, in August 2010, I met Knox briefly in Capanne women’s prison, which is a short drive from Perugia. She had cut her hair and looked younger and more frail than during her trial. She wore a red Beatles sweatshirt, black leggings and silver nail varnish.

When I arrived, she was pushing a trolley down a corridor.

A guard explained that her job was to collect orders from other prisoners for small goods they could buy: newspapers, cigarettes, coffee, magazines and — at that time of year — strawberries. We were allowed to talk for only a few moments, but a guard told me: “She’s pretty well. Amanda’s confident that the future will bring freedom for her. She doesn’t break down in tears. It’s nothing like the night of tears after the verdict, when we had to comfort her.”

I was told she had been reading — in Italian — the 427-page summary by the two judges at her trial, who had dissected the inconsistencies in her evidence.

This summary included the judges’ own reconstruction of what might have happened on the night of the murder, based on the evidence that had been put before them.

They suggested that Knox, Sollecito and Guede had arrived at the cottage at about 11pm. Knox and her boyfriend had gone to her bedroom to have sex, and, excited by a situation “heavy with sexual stimulus”, Guede had walked into Kercher’s room wanting to have sex with her.

Kercher rejected him — she was tired, and had a new boyfriend anyway — but Knox and Sollecito intervened to assist him. According to the judges, they were probably drugged on hashish and seeking “erotic sexual violence”. Forcing Kercher to yield to Guede was a “special thrill that had to be tried out”.

They suggested Sollecito cut Meredith’s bra with a small knife he always carried — collecting knives was a hobby. As Guede sexually assaulted Kercher with his fingers, Sollecito stabbed her in the neck. Kercher screamed — a neighbour heard her — and Knox stabbed her in the throat with a kitchen knife, the judges argued. She took several minutes to die as she inhaled her own blood.

THAT was the lurid and damning case that Knox had to fight when she returned to the Hall of Frescoes last November for her appeal.

Her demeanour had changed. Gone was smiling and self-confident “Foxy”, whose manner may have helped secure her conviction. After three years in prison, Knox was much more demure.

The appeal hearing began auspiciously for her when the deputy judge remarked: “The only certain and undisputed fact is the death of Meredith Kercher.”

The comment prompted prosecutors to complain that the court had already made up its mind, but it was a portent of what was about to be revealed.

The appeal court’s decision to grant a defence request for an independent review of two items of DNA evidence — the kitchen knife and the bra clasp — proved devastating for the prosecution’s case.

The two experts — Conti and Carla Vecchiotti, from La Sapienza University in Rome — said the DNA trace on the knife blade could not be attributed to Meredith because it was too slight. They said Sollecito’s Y chromosome was on the bra clasp, but it could have been the result of contamination by police mishandling of the evidence. From then on, the prosecutors fought a losing battle to discredit Conti and Vecchiotti.

Outside the courtroom the Knox camp’s media offensive exploited the experts’ conclusions.

Knox’s family — her mother, father, stepfather and friends — had come well primed for battle. Homes had been remortgaged and funds raised.

With the help of a PR company in Seattle, they dominated prime-time shows on the leading American TV networks, dramatically influencing public opinion there — so much so that the prosecutor Mignini thundered in court that he had never seen a convict hire a PR firm to prove her innocence.

Mignini himself was a key target. In what appeared to have been a turf battle with prosecutors in Florence, he had been given a suspended 16-month prison sentence for abuse of office after tapping the phones of police officers and journalists in a separate investigation into a serial killer. It was a reflection of the fragmented and politicised condition of the Italian justice system.

The prosecutors tried but failed to switch the focus away from the forensic evidence by introducing Guede, the third party to the murder. He had been prosecuted separately because he had opted for a “fast track” trial that offers a lighter sentence as an incentive. Jailed for 16 years for murder, he had appealed to the Supreme Court in Rome — Italy’s highest court — which confirmed his conviction, ruling that Guede had sexually abused and murdered Kercher with “unidentified accomplices”.

This was an insight into the mystifying processes of Italian law. How could justice be served by trying Guede separately? Why had he not been brought to give evidence at the first Knox trial? Why were his accomplices “unidentified” when Knox and Sollecito had been convicted of joining him in the murder? The answers lay in the fact that his supreme court appeal started just after Knox’s appeal began in Perugia — and the two cases overlapped, a bizarre way of seeking out the truth.

Once Guede’s Supreme Court appeal had been dismissed he was summoned to the witness box in Perugia, where his contribution was damning yet so limited that it did not sway the judges and jury.

Rather than taking him through the events of the killing, Mignini read out a letter in which Guede had written of “the horrible murder of a ... wonderful girl by Raffaele Sollecito and Amanda Knox”. Challenged by one of Knox’s lawyers, Guede stood by the letter, saying: “It’s not as if there is my truth, and the truth of Tom, Dick and Harry. What there is is the truth of what I lived through that night, full stop.”

A lawyer for the Kerchers detailed the injuries Meredith suffered, arguing it would have been impossible for Guede to hold her down, sexually assault her, try to suffocate her, try to strangle her and wound her with more than one knife.

But it was too late. The appeal panel of judges and jurors had made up their minds. A juror confided after the “not guilty” verdicts had been delivered that the court had decided to acquit because of doubts over the forensic evidence, and because it saw no motive for the murder.

Pratillo Hellman explained: “To convict, the penal code says you have to be persuaded beyond every reasonable doubt. The smallest doubt is enough to not condemn.”

But he added enigmatically: “Maybe Knox and Sollecito know what happened that night, because our acquittal verdict stems from the truth which was established in the trial. But the real truth can be different. They may be responsible, but there isn’t the evidence… So, perhaps they too know what happened that night, but that’s not our conclusion.”

The judge’s comments earned him a new nickname, which investigators texted to each other delightedly: “Pontius Pratillo”, after Pontius Pilate, who washed his hands of responsibility for the execution of Jesus Christ.

The prosecution scored one potentially significant victory. The court found Knox guilty of slandering the former bar owner Lumumba by initially claiming he had killed Kercher. It sentenced her to three years in prison, but released her as she had spent almost four years behind bars.

“That’s absurd, absurd,” Mignini fumed. “Knox accused Lumumba to throw the police off her tracks. Why else would she accuse him?” IN PERUGIA, at least, the prosecution can count on overwhelming backing. After the verdict, a crowd several thousand strong massed outside the courts, amid jeers at defence lawyers and chants of “Assassini, assassini!” (murderers, murderers) and “Vergogna, vergogna!” (shame, shame). In bars across the picturesque city, and on the main cobbled street, Corso Vannucci, many dissected the case for days afterwards — the consensus was that Knox and Sollecito were at the cottage when Meredith died, but no one agreed on what role they played.

For the Kercher family no outcome could have been more bewildering. As Knox flew home, Meredith’s mother Arline, her brother Lyle and her sister Stephanie spoke to me.

“It almost raises more questions than there are answers now,” Lyle said, “because the initial decision was that [the murder] wasn’t done by one person but by more than that. Two have been released, one remains in jail, so we’re now left questioning: who are these other people or person?” Did they believe that Knox and Sollecito were guilty? “In a way we have to believe what the police say because they are the ones compiling the evidence,” Arline replied. “We haven’t a clue. I think that’s what he was saying. It’s the police — it’s their job.”

“It’s difficult for anybody to make a valid opinion on any case, not just this one, unless you’re a trained expert,” Lyle echoed. “There are forensics, detectives, psychological profilers and so on, who are trained to do this and read the information and draw the hypotheses from that, which of course no lay person really is. So if that’s the conclusion they come to, then we’re happy to stand by that.”

“We have to accept, don’t we, just like now we have to accept this,” Arline said.

“And that’s why it’s so disappointing, because we don’t know,” Stephanie added.

It is not over for the Kerchers.

Last week’s acquittal is far from the last word on the case. The judges have 90 days to draft a report explaining the reasons for the verdict. Then the prosecution and the defence will have a further 45 days to lodge a new and last appeal. Only rulings by the Supreme Court are considered definitive in Italian justice.

Guede’s lawyers said he would appeal for a new trial if the Supreme Court confirmed Knox’s acquittal — on the grounds that it would contradict the Ivorian’s conviction for killing Meredith alongside unidentified accomplices. “So I’m supposed to be Meredith’s only assassin?” Guede is reported to have told a prison visitor. “I’m supposed to have struck that poor girl with a knife 40 times? I confessed my responsibilities and I accused those who were in the house with me.

“I’m in prison, and the others are free and happy at home. If it wasn’t them in the house that damned evening, who are the other accomplices supposed to be? The money made available to Amanda and the media strategy helped to free her.”

Many investigators and lawyers admit privately that the Italian judicial system may simply never come up with a full and convincing explanation of Meredith’s death.

Italian justice is agonisingly slow. Judges and lawyers attend several trials in the same week, with the result that the appeal trial saw 20 days of hearings over no fewer than 10 months. It is also full of safeguards for defendants, including long preliminary hearings enshrined in the post-war constitution to eradicate the caricature of justice delivered by the courts under Mussolini.

Many of the most notorious cases in Italy’s post-war history have yet to be resolved in court. Silvio Berlusconi, the billionaire prime minister, is embroiled in a string of corruption, fraud and sex offence investigations and trials, and claims that leftist prosecutors are plotting to oust him.

This week Berlusconi will push through parliament a bill banning publication of phone and other intercepts before a case reaches trial — a measure that has become a priority for him, as investigators are expected to release within a few weeks dozens of intercepts of reportedly embarrassing conversations between Berlusconi and a convicted drug dealer.

In such a climate Italian justice itself is on trial. The truth of what happened to Meredith Kercher may emerge one day, but it’s no safe bet that it will do so in an Italian court of law.


Friday, October 07, 2011

US And UK Media: Make RS & AK Answer The HUNDREDS AND HUNDREDS Of Open Questions

Posted by The TJMK Main Posters





It seems Judge Hellman has begun sweating.

Maybe Judge Hellman already sees as much of the Italian public and commentators do that he’ll have a REALLY tough time answering all the open questions in his December sentencing report as he is required to.

Constitutional requirement of Ministry of Justice never met?

That so many questions exist but are not generally even known about, especially in the US and UK, is because a key requirement of the usually very careful Italian justice system seems to have been (illegally) ignored.

The key requirement is built into the justice system by the Italian constitution. It is that trial and appeal sentencing reports MUST be made available to the maximum extent, so that the general public (usually only the Italian public) can readily check on the legitimacy of trial outcomes.

Italy is the only country in the world that has that public check and balance on trials.  Under that requirement, if it existed in the US, Barry Scheck of the US’s Innocence Project would likely find that most of the travesties of justice his team uncovers would never have happened in the first place.

Here is how things are meant to work. 

Back when the Micheli Report on the Rudy Guede sentence was released in January 2009 with Judge Micheli’s reasons for remitting Knox and Sollecito to trial it was released in THREE formats.

    1) It was released digitally (in a Word Doc) to the media with the one requirement that it not be posted in full. We translated most of our copy and posted an extensive summary (scroll down) in English in four parts (three by Brian and one by Nikki) in September 2009.

    2) It was released in printed document form by the Ministry of Justice in Rome and anyone in Italy could buy a copy.

    3) It was also posted on the website of the Ministry of Justice in text and Acrobat document format. It appears that this Internet version was checked out by hundreds of thousands and quite possibly even by millions.

Now when the Ministry of Justice in Rome released the Massei sentencing report for Knox and Sollecito (links at top of this page) in March 2010, they released it in only ONE format.

The Ministry of Justice released it ONLY on paper, and it was obtainable ONLY by the press and by those in the general public who managed to figure out how to buy a copy of the book-sized document from the Ministry.

To our knowledge the Ministry of Justice never ever posted the required Internet version.

The effect of this serious and seemingly illegal shortfall by the Rome Ministry has been that even in Italy few people have ever read the Massei Report. The number of Italian readers might be only in the hundreds and at most in the low thousands. Way, way less than ever read Micheli.

As a result only very few people in Italy may have ever realized how powerful, logically complete and conclusive that report is. Probably few or no peers of the lay judges in Perugia have ever read it. The most important document in the entire case is essentially unread.

In August 2010 a PMF team finished translating the Massei Report and made available the Masssei report in English in Acrobat format on the PMF forum and on TJMK.

In June 2011 Skeptical Bystander and a PMF team posted a Massei summary in text on TJMK and PMF.

This English language version has been downloaded close to 30,000 times and there are many people in the US and UK who are very well informed on the conclusions.  Every lawyer we know who has read the report has agreed that it arrived at the right conclusions. Many say and several do right here in these posts (scroll down) that the case would have been way more than enough for a US or UK conviction.

A slam dunk in effect. Evidence overkill.

But few of the busy people in the US and UK media have read the Massei Report and no one in the media to our knowledge has extensively analyzed or quoted from it. None of the books out so far go into the Massei Report in depth.

WHY did the Italian Ministry of Justice fail to fully distribute the Massei Report, and in particular not post it on their website? And is the Supreme Court of Cassation aware of this huge shortfall in its distribution?

This is such a serious mistake that our Italian lawyers believe that the Supreme Court or even the President of the Republic of Italy if he is petitioned could throw out the entire Hellman proceedings, verdict and sentence.

The hundreds and hundreds of open questions

Arising from the Massei Report are literally hundreds of questions for the released defendants and their teams. They have been around since early 2010. The defense teams and PR campaign have never ever tried to answer these questions, or for that matter to produce a convincing alternative scenario that hangs together implicating Guede but not Knox or Sollecito.

Here are four lists of the many, many outstanding questions.

Here from the Daily Beast are those ten questions with the Beast’s annotations showing how they are STILL unanswered:

1. Why did you and Raffaele Sollecito turn off your cell phones at the same time the night of Nov. 1, 2007, and on again at the same time the next morning? You told the police that you and Raffaele slept late the morning of Nov. 2, 2007, but phone records show that you both turned your phones back on very early that morning. How could that be? This question was never addressed fully in the appellate process except when Giulia Bongiorno for Sollecito said that perhaps the cat stepped on the phone and turned it on. At that time the prosecutor Manuela Comodi quipped, “I’ve got a dog and he has never done that.”

2. Why were you bleeding? Your lawyers agree with the prosecution’s findings that at least one of the spots of Meredith’s blood found in the house where she was killed had your blood mixed with it. Your mother told me that you had your period. Your stepfather told others that your ear piercings were infected. Which was it? Even if this mixed blood drop is contentious in its genetic makeup (all blood or blood mixed with DNA), the appellate court was shown a picture of a drop of blood attributed entirely to Knox on the faucet.

3. Once you realized your mistake in blaming Patrick Lumumba for Meredith’s murder, why didn’t you tell the authorities? You told your mother that you felt bad about it, so why didn’t you alert an official so Patrick could be set free?

4. Why did you go with Raffaele to the police station on Nov. 5, 2007? You were not called in for questioning. Did you realize at that time that you were both under suspicion?

5. Why weren’t your and Raffaele’s fingerprints found in your house after the murder if the two of you had spent time there that morning and the day before? Only one half-print on a glass in the kitchen has been attributed to you, yet you have claimed that you took a shower there that morning. How did you spend so much time there and leave virtually no trace? Much of the crime scene has since been determined to have suffered from sloppy investigative work, meaning the absence of fingerprints in any room of the house may be due to that rather than any sort of cleanup.

6. Why did you take the mop and bucket from your house over to Raffaele’s house? You told the prosecutor during your testimony in June 2009 that you took the mop and bucket to his house to clean up a leak under his kitchen sink. But by your own testimony, the leak was minuscule and could have been easily cleaned up without it. What were you really doing with the mop?

7. What would you do differently if you had a chance to rewind the clock back to Nov. 3, 2007? Would you go to the memorial service for Meredith? Would you still have gone to the police station with Raffaele? Would you have left for Germany when your aunt asked you to?

8. What do you think happened the night Meredith was killed? You have professed your innocence. Who do you think killed her and under what circumstance? Your supporters say Rudy Guede was the lone killer. Do you agree? Or do you think there are still others out there who were involved in your roommate’s murder?

9. What do you really think of the Italian justice system? You told an Italian parliamentarian that you got a fair trial, and you even thanked the prosecutors for trying to solve the mystery of Meredith’s death, but your supporters at home in Seattle maintain that the Italian system is corrupt and unfair. In your appellate hearing you said you lost faith in justice and the police. Now that you are out, what do you really think of the system that has both convicted and acquitted you?

10. Is there anything you wish you would have said in court during your (initial) trial (in which you were convicted)? You talked about your vibrator and about how you did not want an assassin’s mask forced on you. But in your final appeal after the closing arguments on Dec. 4, 2010, why didn’t you say the words, “I did not kill Meredith Kercher”? Raffaele did when it was his turn to speak. Why didn’t you? You have said on many occasions during the appellate trial that you did not kill her and you have never hurt anyone. This question has been addressed with your denials. What about the rest?

Judge Hellman may be able to answer all of these unanswered questions AS HE MUST under Italian law in his sentencing report. He cannot simply address points defense raised about small parts of it. He must be able to explain the totality of the evidence or his report risks being thrown out by Cassation and a retrial at the first appeal level ordered.

Possibly Judge Hellman might be able to achieve this. But why do we seriously doubt it?


Tuesday, August 02, 2011

Powerpoints #17: Why The Totality of Evidence Suggests Knox And Sollecito Are Guilty Just As Charged

Posted by James Raper With Kermit





Please load Powerpoint Viewer if not on your system, and click here for the slides. The Powerpoints consist of 150 slides, the outcome of many hours of work, and should open in 30 to 60 seconds. 

Impartial lawyers like myself tend to look at a tough case like this and think, “Now what would I have done differently?” The problem for the defences here is that there are literally hundreds of evidence points, many created by the appellants themselves as they behaved erratically both on the night Meredith died and subsequently.

The Knox family legal advisor Ted Simon (who in our view was brought in far too late to be of real help after all the bull-in-a-china-shop damage of the PR) himself recognized this, on Dateline NBC late in 2008, when he said that a whack-a-mole approach to creating reasonable doubt would fall short in this case. (Whack-a-mole is a popular fairground game where “moles” keep popping up out of various holes, and you win if you can whack them all.)

Judge Micheli set out a big picture for the conviction of Rudy Guede in October 2008 and the remitting of Knox and Sollecito to stand trial. Judge Massei clearly created a big picture in all of the fine detail he neatly tied together in his 425-page report. The Supreme Court of Cassation understood the big picture in declining Guede’s final appeal.

The defences have never really managed to respond with their own big-picture approach. Nitpicking of a few evidence points, which is really all the defence and the campaign have done, will only very rarely destroy such an edifice. At the end of the DNA rebuttal this September, the DNA collection and analysis is unlikely to be fully discounted, and already it seems that more ethical and competence question marks hang over the independent consultants than over Dr Stefanoni and her team.

This for your consideration is an overview of all of the main evidence. Check it out as you go through and you will see that after the nine long months of the appeal process it is all almost entirely left standing. If they really want to see Knox and Sollecito released, the defence lawyers now need to bite the bullet and prepare their clients properly and let them try to explain from the stand.


Sunday, July 17, 2011

Repeat Of The Powerpoint Guides To The Relevant Locations And Events On Meredith’s Fatal Night

Posted by Kermit

Click on the two images below for the two Powerpoints which will take a few seconds to load.

First posted late in 2008. We re-post them now in response to questions we’ve received from the many new arrivals to Meredith’s cause.






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Monday, February 21, 2011

Open Questions: An Experienced Trial Lawyer Recommends How To Zero In On the Truth

Posted by SomeAlibi


Welcome

If you’ve come to this website because of the Lifetime movie of Meredith Kercher and Amanda Knox, then welcome. 

Like all of us who come to this case, you have one key question: did they do it?  The movie you’ve just watched is equivocal on that matter and perhaps didn’t help you at all.

On the internet, you will find people who are passionate in their defence of Amanda Knox and Raffaele Sollecito and you will find people who are passionate in their support of the prosecution. 

My own arrival

Placing my own cards on the table here: as a twenty-plus year practising trial lawyer, I am firmly a part of that latter camp.  But it wasn’t always that way.

It was information – evidence – that changed my views. What became very clear to me, early on, was that very few people in the English-speaking world are aware of anywhere near all of the evidence in this case.

I had thought I had grasped the core of the case, but I did not.  The case is deep and complex and like many criminal cases, the complete facts behind it have been only sketchily reported in the media.  The movie you may have just watched only skirts the real reasons the jury convicted.

The unanimous jury

I am sure that we all agree that no jury, in any murder case, given the awesome responsibility of adjudicating on (young) people’s lives for a multi-decade period of imprisonment, condemns people lightly.

It should be a matter of logic that the evidence presented against the accused must have been deep and satisfied the 6 lay jurors and 2 judges on the case for them to pronounce that huge judgement. That doesn’t mean that there couldn’t be the possibility of a mistrial, but clearly the evidence presented must have been substantial.

In this, we’ve already hit the first problem.  Some supporters of Amanda Knox and Raffaele Sollecito will tell you there’s no evidence against them. 

This is patently silly.  No jury ever convicts people and sends them to prison for 24 plus years without being quite convinced of the case against them.  Miscarriages of justice do happen, but the idea that there is “no evidence” can be summarily dismissed. 

The only question is whether the evidence is sufficient, true and accurate.

The voluminous evidence

So is the evidence enough to convict beyond a reasonable doubt?  The six lay jurors and two professional judges thought so, clearly.  What you realise, when you come to the facts of the case, is that the evidence is based not around a single key event but on multiple points. 

It can be astonishing to realise that the case is based not only on DNA evidence but also on cellphone evidence and computer records and further yet on multiple conflicting and contradicting versions of what happened that night from the mouths of the accused, not to mention falsely accusing an innocent man of responsibility for murder causing his incarceration. 

The wealth of evidence is actually extremely unusual. It goes way beyond the quite similar Scott Peterson case.

The Massei Sentencing Report

What is absolutely new to the English speaking legal world is that the reasoning for the conviction can be read in an extremely detailed 440+ page report online.  Bilingual posters at the Perugia Murder File Forum many of whom who are also key posters at TJMK translated the entire document into English over several months last year. 

It was my privilege to play an extremely small part in that work.  People from four different continents with backgrounds in forensic science, law, academia and a host of other disciplines participated. 

You can read an effective executive summary by clicking on the Massei Report link at top here and reading the conclusions from page 388 onwards:

The Knox PR campaign

If you are new to this case, you will likely be shocked how much evidence there is against the convicted parties.  Amanda Knox’s family have spent over $1m and involved a professional PR agency called Gogerty Marriot to suggest otherwise in the English-speaking media. 

You might wonder why an innocent person needs a million dollar PR campaign on their part.  Make yourself a coffee and read the conclusions of the judge’s report. It will take you about 15 minutes.  Up until you read this report, almost everything you watch, hear and read is PR spin and is quite deliberately positioned to make you believe there is no case.

When you complete it,  I believe you will have a very different take. That 15 minutes could change your ideas about everything you thought you knew about the murder of Meredith Kercher.

Now for a quick tour of the evidence.


Some of the points of evidence

Consider as you read it what is your own possible explanation for each of the following:

  • the DNA of Raffaele Sollecito on Meredith’s bra-clasp in her locked bedroom;

  • the almost-entire naked footprint of Raffaele on a bathmat that in *no way* fits that of the other male in this case – Rudy Guede;

  • the fact that Raffaele’s own father blew their alibi that they were together in Raffaele’s flat at the time of the killing with indisputable telephone records;

  • the DNA of Meredith Kercher on the knife in Raffaele’s flat which Raffaele himself sought to explain as having been from accidentally “pricking” Meredith’s hand in his written diary despite the fact Meredith had never been to his flat (confirmed by Amanda Knox);

  • the correlation of where Meredith’s phones were found to the location of Raffaele Sollecito and Rudy Guedes’s flats;

  • the computer records which show that no-one was at Raffaele’s computer during the time of the murder despite him claiming he was using that computer;

  • Amanda’s DNA mixed with Meredith Kercher’s in five different places just feet from Meredith’s body;

  • the utterly inexplicable computer records the morning after the murder starting at 5.32 am and including multiple file creations and interactions thereafter all during a time that Raffaele and Amanda insist they were asleep until 10.30am;

  • the separate witnesses who testified on oath that Amanda and Raffaele were at the square 40 metres from the girls’ cottage on the evening of the murder and the fact that Amanda was seen at a convenience store at 7.45am the next morning, again while she said she was in bed;

  • the accusation of a completely innocent man by Amanda Knox;

  • the fact that when Amanda Knox rang Meredith’s mobile telephones, ostensibly to check on the “missing” Meredith, she did so for just three seconds - registering the call but making no effort to allow the phone to be answered in the real world

  • the knife-fetish of Raffaele Sollecito and his formal disciplinary punishment for watching animal porn at his university – so far from the wholesome image portrayed;

  • the fact that claimed multi-year kick-boxer Raffaele apparently couldn’t break down a flimsy door to Meredith’s room when he and Amanda were at the flat the morning after the murder but the first people in the flat with the police who weren’t martial artists could;

  • the extensive hard drug use of Sollecito as told on by Amanda Knox;

  • the fact that Amanda knew details of the body and the wounds despite not being in line of sight of the body when it was discovered;

  • the lies of Knox on the witness stand in July 2009 about how their drug intake that night (“one joint”) is totally contradicted by Sollecito’s own contemporaneous diary;

  • the fact that after a late evening’s questioning, Knox wrote a 2,900 word email home which painstakingly details what she said happened that evening and the morning after that looks *highly* like someone committing to memory, at 3.30 in the morning, an extensive alibi;

  • the fact that both Amanda and Raffaele both said they would give up smoking dope for life in their prison diaries despite having apparently nothing to regret;

  • the fact that when Rudy Guede was arrested, Raffaele Sollecito didn’t celebrate the “true” perpetrator being arrested (which surely would have seen him released) but worried in his diary that a man whom he said he didn’t know would “make up strange things” about him despite him just being one person in a city of over 160,000 people;

  • the fact that both an occupant of the cottage and the police instantly recognised the cottage had not been burgled but had been the subject of a staged break-in where glass was *on top* of apparently disturbed clothes;

  • that Knox and Sollecito both suggested each other might have committed the crime and Sollecito TO THIS DATE does not agree Knox stayed in his flat all the night in question;

  • the bizarre behaviour of both of them for days after the crime;

  • the fact that cellphone records show Knox did not stay in Sollecito’s flat but had left the flat at a time which is completely coincidental with Guede’s corroborated presence near the girl’s flat earlier in the evening;

  • the fact that Amanda Knox’s table lamp was found in the locked room of Meredith Kercher in a position that suggested it had been used to examine for fine details of the murder scene in a clean up;

  • the unbelievable series of changing stories made up by the defendants after their versions became challenged; Knox’s inexplicable reaction to being shown the knife drawer at the girl’s cottage where she ended up physically shaking and hitting her head.


In conclusion

This list is not exhaustive. It goes… on… and on… and on… And yet, those supporting Knox will tell you that’s all made up, all coincidental. 

Really?  Does the weight of all that evidence sound made up to you?

If so, it must be the most over-rigged criminal case in the history of crime.  Unlikely beyond all and any reasonable doubt.

The judge’s report explains why the jury found the defendants guilty. I truly expect you will be astonished at the amount of evidence if all you’ve done is watched a film or read a few press reports. 

For any questions thereafter, please join us and post them on truejustice.org or perugiamuderfile.org .  You’ll find here a host of good people who are all working on a totally volunteer basis in memory of the only victim of this crime.

Meredith Susanna Cara Kercher. RIP.


Thursday, January 20, 2011

The New 80,000 Pound Gorilla In The Room Introduced By The Italian Supreme Court of Cassation

Posted by The TJMK Main Posters



[St Peter’s and the Vatican in background; Palace of Justice, large white building by river in left foreground]

What is the biggest headache for the defenses?

That their areas of appeal, already circumscribed by Judge Hellman, could all explode in their faces? The low-credibility witnesses Alessi and Aviello? The limited DNA retesting? The re-examination of the witness in the park who had no cause to make anything up?

Or that Rudy Guede gets totally ticked off by Alessi’s claims that Rudy Guede said he did it with one or two others, and so Guede tells the court all that REALLY happened?

No, it looks to us that the defenses’ biggest headache by far is that the court of final appeal in Rome (the Supreme Court of Cassation, which is superior to the Perugia appeals court and will hear the second and final appeal) has ALREADY accepted that Rudy Guede’s sentencing report of January 2009 holds up.

And that all three of them attacked Meredith.

The written report from Cassation on that December 2010 decision on Guede’s final appeal (due soon), plus Judge Micheli’s Sentencing Report for Rudy Guede of January 2009, plus all that associated evidence, now gets automatically ported by law straight into Knox’s and Sollecito’s appeal.

Judge Micheli took a hard line toward Rudy Guede, and he sentenced him to 30 years. He also remanded Knox and Sollecito to trial, and his report explains the basis for that remand.

Judge Micheli’s remorseless and tightly argued report (see summaries below) very comprehensively backed up his decisions. (Later reductions in sentence were automatic and they flowed from the terms of Guede’s short-form trial, and some controversial mitigating circumstances advanced by Massei for Knox and Sollecito.)

The prosecution’s appeal against the Knox and Sollecito sentences argues that the acceptance of mitigating circumstances by the Massei court should be thrown out, and that Knox and Sollecito should be subjected to a longer sentence. Remember that even in the case of Alessi’s wife, who was not even present when he beat the kidnapped baby to death, she received a sentence of 30 years.

So here is how it is stacking up:.

  • For the prosecution, four courts including the Supreme Court of Cassation have ruled that three people participated in the crime against Meredith, plus all of the evidence from both the Guede and Knox Sollecito trials now comes in, plus the prosecution is appealing for tougher sentences, which seems well justified based on precedents.
  • For the defenses, just those few areas the defenses want to challenge which have been allowed by Judge Hellman NONE of which are sure things.

Really not very much going for the defenses here. No wonder they already seem to be phoning it in.

Our meticulous summaries of the Micheli Report by main posters Brian S and Nicki were based on our own translation. A huge amount of work. They were posted nearly two years ago. Periodically we link to them in other posts or we point to them in an email.

Those who do read those posts fresh are often stunned at their sharpness, and for many or most it becomes case closed and the verdict of guilty is seen as a fair one.

We think those posts on Micheli are so key to a correct grasp of Knox’s and Sollecito’s appeal prospects that they should now be reposted in full.



[St Peter’s and the Vatican in foreground; Palace of Justice, large white building in left background]

Understanding Micheli #1: Why He Rejected All Rudy Guede’s Explanations As Fiction

By Brian S

Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

A week ago, just within the three-month deadline, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.

These posts will examine several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English here were by native-Italian speakers and fellow posters Nicki and Catnip. The next post will explain why Micheli ruled out the Lone Wolf Theory, and why he concluded that Knox and Sollecito appeared to be implicated in Meredith’s murder and should therefore be sent to trial.

Judge Micheli maintained that from the moment Meredith’s body was discovered until his arrest in Germany on November 19th, Rudy Guede was in a position to compile a version of his involvement in events at the cottage which would minimise his reponsibilities and point the finger of guilt elsewhere.

He was able to follow the course of the investigation in newspapers and on the internet. He would know of the arrests of Amanda, Raffaele and Patrick. He would know that the investigators had found biological evidence which would sooner or later connect him to the murder, and he would know of other discoveries and evidence which had been publicised in the media.

His story as told in Germany was compiled with all the knowledge about the crime and investigation he would have sought out. On his return to Italy in December he was interviewed by the investigating authorities and gave version 2. He was interviewed again in March which resulted in version 3, and later still made a spontaneous statement to change one or two facts including the admission that the trainer footprint in Meredith’s room could be his. Judge Micheli said:

    Analyzing the narratives of the accused…he is not credible, as I will explain, because his version is (1) unreliable, and (2) continuously varying, whether on basic points or in minor details and outline.

Micheli then examined the details of Rudy’s claimed meeting with Meredith which resulted in his invitation to the cottage on the evening of November 1st.

He noted there were substantial differences between his versions of December and March, particularly with regard to the location of his meeting with Meredith on the night of Halloween and his movements in the early evening of November 1st.

He considered it likely that Rudy had made these changes as he became aware of evidence which contradicted his December version. Notably, in December Rudy claimed to have had his meeting with Meredith which resulted in her invite at a Halloween party given by Spanish students.

By March it was well known that Meredith had spent her entire Halloween in the company of friends, first in the Merlin pub before they later moved on to Domus disco. In March Rudy changed the location of his meeting with her from the Spanish party to Domus, which by chance Rudy had also attended following the party. However, neither Meredith’s friends who were continuously in her company nor those who accompanied Rudy to the Domus witnessed any meeting between the two. Judge Micheli commented:

    On 26 March 2008, instead, Rudy explained to the Prosecution, drawing a picture, that the group invited to the Spaniards’ house actually moved wholus-bolus to the “Domus” club, but it was right in that nightclub that he met Kercher, and not before; offering up a tour-guide description from the chair, saying, “there’s a bar for the drinks and then there’s a room, there’s an arch and a room. I walking [sic] around there, and that’s where I met Meredith”. On the facts of the meeting and the subject of the conversation, he elaborated: “I started talking to Meredith …talking anyway I gave her a kiss.. after which I told her how much I liked her and asked her if the next day, in all the confusion anyway, if we were going to meet the next day and she said yes (…), we met in the evening around half eight, like that. While not intending to explore the question, basically irrelevant, of whether the pair had agreed to a more or less specific time (his confirmation of the suggestion of 8.30 pm in both verbal statements however allows the inference that according to Guede they had an appointment), the patent contradiction between the two versions jumps out. One context, of a room between two bathrooms, in an apartment, is completely different to that of a drinks-bar and an arch, in a pub; one might concede, perhaps, the possibility of forgetting which place it was where they last bumped into a friend, but hardly the first time there was a kiss with a girl towards whom one was attracted.

With regard to his movements in the early evening of November 1st, Rudy’s friend Alex failed to corroborate Rudy’s December claim to have visited his flat. He said he didn’t see Rudy either before or after his meeting with Meredith at her cottage.


In March, Rudy changed his story and claimed to have risen at 6pm(following the all-nighter at Domus) before wandering around town for an hour or so. He then said he went to Meredith’s cottage but received no answer so he carried on to Piazza Grimana in the hope he might see people he knew. He thought he arrived in the Piazza at around 7:30pm. He claimed that some time later he left Piazza Grimana and called at the Kebab shop before returning to Meredith’s cottage and arriving some time between 8:30 and 9:00pm.

He said he then waited until her arrival some time just after 9:00pm. It was noted that in both his December and March versions Rudy said he had arranged to meet Meredith at 8:30pm. Micheli noted that this didn’t sit well with another arrangement Rudy had made to meet Carlos (from the Spanish party) between 9:00 and 10:00pm.

Micheli said that neither version of Rudy’s movements could be treated as true because he changed his story to fit facts as they became known and there was absolutely no corroborating witness evidence.

Rudy claimed two situations evolved following his entry with Meredith into the apparently empty cottage:

Whilst he was having a drink of fruit juice from the fridge, he claims Meredith found that 300 euros (her rent money) was missing from her bedside cabinet. Meredith was naturally upset by this discovery and straight away blamed “druggy Amanda”. Rudy said they both checked Amanda’s room to see if the money was there. However, it couldn’t be found and Rudy sought to console her.

He says that this consolation developed into an amorous encounter which proceeded to the stage where “Meredith asked him” if he had a condom. He told he didn’t and since she didn’t either they stopped their lovemaking.

Judge Micheli had a real problem with this story as told by Guede. He found it unlikely that Meredith would be interested in lovemaking so soon following the discovery that her money was missing. He found it unlikely that it was Meredith who was leading the way in this amorous encounter as Rudy was suggesting with his claim that it was “Meredith who asked him” if he had a condom.

Surely, Micheli reasoned, if Rudy was hoping to indulge in a sexual encounter with Meredith following the previous night’s flirting, he would, as any young man of his age, ensure that he arrived with a condom in anticipation of the hoped for liason. But even if he didn’t, and it was true that events had reached the stage where Meredith asked him, then surely given his negative response, Meredith would have again gone into Amanda’s room where, as she had told her friends, condoms were kept by her flat mate. Judge Micheli simply didn’t believe that if they had got to the stage of lovemaking described by Rudy, and following his negative response to her question, they just “STOPPED”. Meredith would have known she had a probable solution just metres away.

Rudy claimed he then told Meredith he had an upset stomach because of the kebab he had eaten earlier. She directed him to the bathroom through the kitchen.

Rudy put on his i-pod and headphones as he claimed was his habit when using the toilet. In his December version Rudy said the music was so loud he heard the doorbell ring but he made no reference to hearing any conversation. A perfect excuse, Judge Micheli says, for not hearing the disturbance or detail of Meredith’s murder. However, in his March version he claims he heard Amanda’s voice in conversation with Meredith. When Rudy did eventually emerge from the bathroom he says he saw a strange man with a knife and then a prone Meredith. Micheli commented:

    ...it is necessary to take as given that, in this case, Kercher did not find anything better to do than to suddenly cross from one moment of tenderness and passion with him to a violent argument with someone else who arrived at that place exactly at the moment in which Rudy was relieving himself in the bathroom. In any case, and above all, that which could have been a surprise to the killers, that is to say his presence in the house, was, on the other hand, certainly not put into dispute: Meredith, unlike the attackers, knew full well that in the toilet there was a person who she herself allowed in, so for this reason, in the face of someone who had started raising their voice, then holding her by the arms and ending with brandishing a knife and throwing her to the floor, why would she not have reprimanded/reproached/admonished him immediately saying that there was someone in the house who could help her? …Meredith didn’t shout out loudly for Rudy to come and help …There was a progression of violence …The victim sought to fight back If it is reasonable to think that a lady living 70 metres away could hear only the last and most desperate cry of the girl – it’s difficult to admit that Guede’s earphones, at 4-5 metres, would stop him hearing other cries, or the preceding sounds.

Micheli was also mystified as to why Amanda (named in Rudy’s March version) would ring the doorbell. Why wouldn’t she let herself in using her own key? He supposed it was possible Meredith had left her own key in the door which prevented Amanda from using hers, but the girls all knew the lock was broken and they were careful not to leave their own key in the door. Perhaps, Meredith wanted some extra security/privacy against someone returning and had left her key in the lock on purpose. Maybe Amanda was carrying something heavy and her hands weren’t free. Or, maybe, Rudy was just trapped by his December story of the doorbell when he didn’t name anybody and an anonymous ring on the doorbell was plausible.

The judge then took issue with Rudy’s description of events following the stabbing of Meredith. Rudy claimed that when he emerged from the bathroom he discovered a man with a knife standing over Meredith. In the resultant scuffle he suffered cut wounds to his hand. armed himself with chair to protect himself. before the attacker fled when he fell over because his trousers came down around his ankles. Micheli said that those who saw Rudy later that night didn’t notice any wounds to Rudy’s hands although some cuts were photographed by the police when he was later arrested in Germany.

Micheli found Rudy’s claim that the attacker ran from from the house shouting “black man found, black man guilty” unbelievable in the situation. In the panic of the moment it may be conceivable that the attacker could shout “Black man…, run” following the surprise discovery of his presence in the house, but in the situation Rudy describes, blame or expressions of who the culprit thought “the police would find guilty” made no sense. It would be the last thing on an unknown attackers mind as he sought to make good his escape.

Micheli considers the “black man found, black man guilty” statement an invention made up by Rudy to imply a possible discrimination by the authorities and complicate the investigation. Micheli also saw this as an excuse by Rudy to explain away his failure to phone for help (the implication being that a white man could have made the call). It was known by her friends and acquaintances that Meredith was never without her own phone switched on. She kept it so, because her mother was ill and she always wanted to be available for contact should her mother require help when she was on her own

Judge Micheli regarded Rudy’s claimed efforts to help Meredith impossible to believe, given the evidence of Nara Capezzali. Rudy claimed to have made trips back and forth to the bathroom to obtain towels in an attempt to staunch the flow of bood from Meredith’s neck. He claimed to have leaned over her as she attempted to speak and written the letters “AF” on the wall because he couldn’t understand her attempted words. His described activities all took time and Rudy’s flight from the house would have come minutes after the time he alleged the knife-man ran from the cottage.

Nara Capezzali maintained that after she heard Meredith’s scream it was only some seconds (well under a minute) before she heard multiple footsteps running away. Although she looked out of her window and continued to listen for some time because she was so disturbed by the scream, she neither heard nor saw any other person run from the house. That Rudy had run wasn’t in doubt because of his collision on the steps above with the boyfriend of Alessandra Formica. Micheli therefore considered it proven that “all” of Meredith’s attackers, including Rudy, fled at the same time.

Earlier in his report Micheli considered character evidence on Rudy given by witnesses for both prosecution and defense. Although he had been seen with a knife on two occasions, and was considered a bit of a liar who sometimes got drunk, the judge didn’t consider that Rudy had previously shown a propensity for violence, nor behaviour towards girls which differed markedly from that displayed by many other young men of his age.

However, because of the wealth of forensic evidence [on which more later] and his admitted presence in the cottage, combined with his total disbelief in Rudy’s statements, Micheli found Rudy guilty of participation in the murder of Meredth Kercher.

He sentenced him to 30 years in prison and ordered him to pay compensation of E2,000,000 each to Meredith’s parents John and Arline Kercher, E1,500,000 each to Meredith’s brothers John and Lyle Kercher plus E30,000 costs in legal fees/costs + VAT. Also E1,500,000 plus E18,000 in legal fees/costs + VAT to Meredith’s sister, Stephanie Kercher.


Understanding Micheli #2: Why Judge Micheli Rejected The Lone-Wolf Theory

By Brian S

And so decided that Raffaele Sollecito and Amanda Knox should face trial.

First, just to recap: Judge Micheli presided over both Rudy Guede’s trial and sentencing to 30 years and the final hearing that committed the two present defendants to trial.

Ten days ago, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.

These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English used here were by native-Italian speakers and fellow posters Nicki and Catnip.

Right at the outset of his Sentence Report on the conviction of Rudy Guede, Judge Micheli stated that it was neither the place nor his intention to make the case against either Raffaele Sollecito or Amanda Knox. He said he must necessarily involve them to the extent that they were present at the discovery of Meredith’s body. He said he must also examine evidence against them where he saw it as indicating that Rudy Guede was not a lone wolf killer and implicated them as his possible accomplices in Meredith’s murder.

Judge Micheli described the sequence of events laid out by the prosecution which lead to the discovery of Meredith’s body:

Early on the morning of November 2nd, Signora Lana Biscarini received a bomb threat call made to her home at 5A Via Sperandio. (This later transpired to be a hoax.)

Some time later Signora Biscarini found a mobile phone in her garden. She “had heard” that bombs could be concealed in mobile phones and so she took it to the police station arriving at 10:58am as recorded by ISP. Bartolozzi

The postal police examined the phone and following removal of the SIM card, discovered at 11:38am that it belonged to a Filomena Romanelli who lived at the cottage at 7 Via della Pergola. Following a call by Signora Biscarini to check with her daughter who was still at home, it is in the record at 11:50am that neither say they know the Filomena in question. At around noon Signora Biscarini’s daughter rings her mother at the police station to say she has found a second phone.

The second phone (Meredith’s) is collected from Via Sperandio and taken to the police station. Its receipt there is logged by ISP. Bartolozzi at 12:46pm. During its examination Meredith’s phone is also logged as connecting to the cell of Strada Borghetto di Prepo, which covers the police station, at 13:00pm. At 13:50pm both phones, which have never left the police station following their finding, are officially seized. This seizure is entered in the log at 14:00pm.

Separately, as part of the bomb hoax investigation, agents of the postal police are dispatched to make enquiries at Filomena’s address in Via della Pergola.

They are recorded in the log and filmed on the car park camera as arriving at 12:35pm. They were not in possession of Filomena’s phone, which remained at the police station, nor of Meredith’s which at this time was being taken from Via Sperandio to the police station for examination as part of the bomb hoax enquiry.

Judge Micheli said that some confusion was created by the evidence of Luca Altieri (Filomena’s boyfriend) who said he saw two mobile phones on the table at the cottage. But, Micheli said, these two phones either belonged to the others who arrived, the postal police themselves or Amanda and Raffaele. They were NOT the phones of Filomena or Meredith.

On their arrival at the cottage, the agents of the postal police found Raffaele Sollecito and Amanda Knox standing outside the front door.

The two seemed surprised to see them (the postal police had come to talk to Filomena about a bomb hoax which potentially involved her phone, plus they had recently been informed of the discovery of second phone in the same garden), but then they explained they had discovered suspicious circumstances inside the cottage.

Raffaele said he had already phoned the police and they were awaiting their arrival in connection with that. Elsewhere in his report Micheli points out that Raffaele did, in fact, make a call to his sister at 12:50pm, followed by two calls to “112” reporting a possible burglary at 12:51 and 12:54pm, 15 minutes after the arrival of the postal agents.

Judge Micheli said the postal police were shown into the cottage by Raffaele and Amanda. They pointed out the traces of blood around the apartment, the state of the toilet and the disturbance to Filomena’s room. They said they didn’t think anything had been taken. They pointed out that Meredith’s door appeared to be locked, Raffaele said he had tried to open it, but Amanda said Meredith used to lock the door even when she was going to the bathroom to shower.

Shortly afterwards Luca Altieri and Marco Zaroli arrived. Luca said he had just been contacted by his girlfriend Filomena, who in turn had just been contacted by Amanda Knox about the possible break in. A few minutes later, Filomena herself arrived with Paola Grande. Micheli noted that Filomena had immediately contradicted what Amanda had told the postal police and she said that Meredith never locked her door. She also told the postal police that the phone found with a SIM card in her name was in fact Meredith’s 2nd phone, that she had given Meredith the SIM as a present. The postal police said that they didn’t have the authority to damage property and so the decision was made that Luca would break down the door.

This he did. The scene when the door flew open was instantly obvious, blood everywhere and a body on the floor, hidden under a duvet except for a foot and the top of Meredith’s head. At that point ISP Battistelli instantly took charge. He closed the door and forbade anyone to enter the room before contacting HQ.

Following his description of the events which lead to the discovery of Meredith’s body, Micheli then dedicates quite a few pages of his report to detailing the exact locations, positions, descriptions and measurements of all the items, blood stains, pools and spots etc.etc. found in her room when the investigators arrived. He also goes into precise details on the injuries, marks, cuts and bruises etc. which were found by Lalli when he examined Meredith’s body in situ at the cottage before she was moved. Despite their extent, it is obvious these details are only a summary of the initial police report and also a report made by Lalli on the 2nd November.

It is these details which allowed the prosecution to lay out their scenario for the events which they say must have happened in the room. It is also these details which convince Micheli that it was impossible for this crime to be carried out by a single person. In his report, he dismisses completely the scenarios presented by the defences of Amanda and Raffaele for a “lone wolf killing”. Micheli says that he is convinced that Meredith was sexually assaulted and then murdered by multiple attackers.

Judge Micheli also explains in his report how the law will decide on sexual assault or rape where the medical report (as was Lalli’s) is somewhat inconclusive. Else there would be no point in a woman reporting rape unless she had serious internal injuries. His conclusion: Meredith was raped by Rudy Guede manually.

So why does Judge Micheli believe that Amanda Knox and Raffaele Sollicto were possible accomplices of Rudy Guede and should be tried for the murder of Meredith Kercher?

In his report, he doesn’t look at the evidence which involves just them, nor does he analyze their various stories in his report. He doesn’t look at events involving them which occurred between the 2nd and 5th November. He does note a few items here and there, but these aren’t given as the major reasons for his decision to indict them.

He notes Raffaele’s apparent lies about the time he made the 112 phone calls. He dismisses Raffaele’s defense claim that the disposal of Meredith’s phones didn’t allow time for Raffaele to get to the cottage after watching his film, kill Meredith, and then dispose of the phones in Via Sperandio before the aborted call to Meredith’s bank. He noted that the cell which picked up the brief 10:13 call to Meredith’s bank also picked up most of Meredith’s calls home.

He asked whether it was possible for anybody to believe that each time Meredith wanted to phone home, she walked down to Via Sperandio to make the call. He notes that the police found Amanda and Raffaele’s behaviour suspicious almost straight away. He notes that Filomena said that the relationship between Amanda and Meredith had deteriorated by October. He says he doesn’t believe at all that cannabis caused any loss of Amanda’s and Raffaele’s memories.


Judge Micheli says he bases his decision on the following points of evidence:

[Note: The following paragraph numbers form no part of Micheli’s report. They are used in the context of this summary to identify the points of evidence contained in his report which will be examined and summarised in greater detail in follow-up posts]

1) Judge Micheli, after hearing both prosecution and defense arguments about Meredith’s and Amanda’s DNA on the knife and Raffaele’s DNA on Meredith’s bra clasp, accepted the prosecution argument that that both were valid evidence. He did note, however, that he fully expected that the same argument would be heard again at the full trial. In his report, Micheli dedicates several pages to explaining the opposing arguments and how he made his decision to allow the evidence. It is a detailed technical argument, and it is not proposed to examine it any closer in this post.

2) Judge Micheli explains that blood evidence proves that Meredith was wearing her bra when she was killed. Nor is it just the blood on her bra which demonstrates this. It’s also where the blood isn’t on her body. He says that Meredith was wearing her bra normally when she laid in the position in which she died, and she was still wearing it for quite some time after she was dead. Her bra strap marks and the position of her shoulder are imprinted in the pool of blood in that position. Meredith’s shoulder also shows the signs that she lay in that position for quite some time.

He asks the question: Who came back, cut off Meredith’s bra and moved her body some time later? It wasn’t Rudy Guede. He went home, cleaned himself up and went out on the town with his friends. Judge Micheli reasons in his report that it could only have been done by someone who knew about Meredith’s death and had an interest in arranging the scene in Meredith’s room. Seemingly who else but Amanda Knox?

She was apparently the only person in Perugia that night who could gain entry to the cottage. And the clasp which was cut with a knife when Meredith’s bra was removed was found on November 2nd when Meredith’s body was moved by the investigators. It was right under the pillow which was placed under Meredith when she was moved by someone from the position in which she died. On that clasp and its inch of fabric is the DNA of Raffaele Sollecito and Amanda Knox. Micheli reasons in his report that Raffaele and Amanda seemed to have returned to the cottage some time after Meredith was dead, cut off her bra, moved her body, and staged the scene in Meredith’s room.

3) Judge Micheli explains his reasoning on the method of Rudy’s entry into the cottage. He says that Rudy’s entry through the window is a very unlikely scenario and the evidence also indicates otherwise. He says the height and position of the window would expose any climber to the full glare of traffic headlights from cars on Via della Pergola. He asks, why wouldn’t a thief choose to break in through a ground floor window of the empty house? He says the broken glass and marks on the shutter both demonstrate the window was broken from the inside, some of the glass even falling on top of Filomena’s clothes which had been thrown around the room to simulate a robbery.

But his major reasoning for believing Rudy’s entry was through the front door are the bloody bare footprints which show up with luminol and fit Knox’s and Sollecito’s feet. These suggest that they entered Filomena’s room and created the scene in there after Meredith was killed. Allessandra Formica witnessed Rudy run away shortly after Meredith was stabbed. Someone went back later, left those footprints and staged the scene.

This, when considered in combination with the knowledge that person demonstrated of Rudy’s biological involvement with Meredith when they also staged the sex assault scene in Meredith’s own room indicates that that person was present when Meredith was assaulted and killed. He said it also demonstrated an attempt by someone who had an interest in altering the evidence in the house to leave the blame at Rudy’s door. Micheli reasoned, the only person who could have witnessed Rudy’s earlier sex assault on Meredith, could gain entry via the door and had an interest in altering the crime scene in the house appeared to be Amanda Knox. In his report, Micheli states that this logic leads him to believe that Amanda Knox was the one who let Rudy Guede into the cottage through the front door.

4) Judge Micheli examines the evidence of Antonio Curatolo. He says that although Curatolo mixes up his dates in his statement, he does have a fix on the night he saw Amanda and Raffaele in Piazza Grimana sometime around 11:00 to 11:30pm. Curatolo is certain it was the night before the Piazza filled up with policemen asking if anyone had seen Meredith. In his evidence, he says they came into the square from the direction of Via Pinturicchio and kept looking towards the cottage at Via della Pergola from a position in the square where they could see the entrance gate.

Judge Micheli reasons in his report that their arrival from Via Pinturicchio ties in with the evidence from Nara Capazzali that she heard someone run up the stairs in the direction of that street. He also reasons that they were likely watching the cottage to see if Meredith’s scream had resulted in the arrival of the police or other activity.

5) Judge Micheli examines the evidence of Hekuran Kokomani and finds him far from discredited. His says the testimony is garbled, his dates and times makes no sense but…. that Hekuran Kokomani was in the vicinity of the cottage on both 31st Oct. and 1st Nov isn’t in doubt. Furthermore, Micheli says that when he gave his statement, the details which he gave of the breakdown of the car, the tow truck and the people involved weren’t known by anyone else. He must have witnessed the breakdown in Via della Pergola. The same breakdown was also seen by Allessandra Formica shortly after Rudy Guede collided with her boyfriend.

This places Hekuran Kokomani outside the cottage right around the time of Meredith’s murder and he in turn places Raffaele Sollecito, Amanda Knox and Rudy Guede together outside the cottage at the same time. His evidence also places all three outside the cottage at some time the previous night.

Judge Michelii found that all this evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.


Understanding Micheli #3: How Damning Is The DNA Evidence Coming Up?

By Nicki

Probable answer? Pretty damning.

Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

Late January, Judge Micheli made public the 106-page report that explains the thinking behind both actions. These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales.

The trial to establish the truth about the murder of Meredith continues next Friday. As we’ve reported, various human witnesses have already been heard from: the Postal Police who discovered Meredith’s body, Meredith’s two Italian roommates, and her seven British friends.

Coming up soon is a more silent witness, one very important to both the prosecution and the two defenses: the DNA evidence.

Specifically the DNA belonging to Meredith, Knox, Sollecito, and Guede which was found at the scene of the crime, and on the suspected murder weapon found, apparently hidden, in Raffaele Sollecito’s house.

Traces of Meredith’s DNA have been found on a knife compatible with the wounds that caused her death. Amanda Knox ‘s genetic material was identified on the knife handle. DNA belonging to Sollecito has been found on the clasp of the victim’s bra. And more DNA showing Rudy Guede’s genetic profile was found on the victim’s body and elsewhere in the house.

In summary, the biological sources and locations where DNA belonging to the three defendants was found are these:

  • Guede’s DNA (from epithelial cells) was found inside Meredith, on toilet paper, on the right side of Meredith’s bra, mixed with Meredith’s DNA on the her purse zip, and on the left cuff of Meredith’s light blue sweater
  • Sollecito’s DNA (from epithelial cells) was found on Meredith’s bra clasp, mixed with Meredith’s DNA, and on one cigarette butt found in the kitchen
  • Knox’s DNA (from epithelial cells) was found on the knife sheath, and close to the blade junction. It was not possible to ascertain both the haematic and epithelial source of Meredith’s DNA on the knife blade, due to the scarcity of the sample. But Judge Micheli noted that reasonable doubt persist that blood could have been present also.
  • Other significant biological traces belonging to Meredith - for example, DNA originating from the blood-trace footprints revealed by luminol found in Filomena’s bedroom, as already reported at trial.

Claims of contamination and “poor matches” of the DNA samples were raised by the Sollecito and Knox defenses, although not by Guede’s. The DNA expert Dr. Stefanoni’s arguments in reply to the defenses’ claims are summarized in Judge Micheli‘s report.
 
Dr Stefanoni reported that the locus ascribable to Meredith and identified on the knife blade shows readings of 41 and 28 RFU. Conventionally, RFU values lower than 50 can be defined as low. But she maintained that the profile matched Meredith’s by explaining that there is no immediate correlation between the height of the peaks obtained by electropherogram and expressed in RFU, and the reliability of the biological investigation.

In fact “even if statistically - in most cases - the RFU data is directly proportional to the possibility of a certain interpretation of the analysis result, on the other side many cases of high peaks of difficult interpretation exist (because of background noises), as well as low peaks that are objectively unquestionable, hence the need to proceed to the examination of data that is apparently scarce, but that mustn’t be considered unreliable per se.”

*The use of multiplex PCR and fluorescent dye technology in the automated detection and analysis of short tandem repeat loci provides not only qualitative information about the profile - i.e. which alleles are present - but can provide also quantitative information on the relative intensities of the bands, and is therefore a measure of the amount of amplified DNA.”

So if on one side Dr Stefanoni admits that the RFU readings are low, on the other her experience suggests that many cases of unquestionable matches exist showing readings lower than 50 RFU, and this appears to be the case with Meredith’s DNA sample on the knife.


Contamination in the laboratory is categorically excluded by Dr Stefanoni. The samples were processed with maximum care in order to avoid any contamination during lab procedures. Contamination during the collection phase is excluded by Judge Micheli, as the samples were collected by different officers at different times in different places (example Via della Pergola at 9:40am on Nov 6. 2007, and Sollecito’s apartment at 10:00am, on the same day, by a different ILE team).

As for Sollecito’s DNA found on the bra clasp, the match is unquestionable, according to the lab reports. Samples from crime scenes very often contain genetic material from more than one person (e.g. Rudy Guede’s DNA has been identified in a mixture with the victim’s DNA in a few places), and well-known recommendations and protocols exist in order to de-convolute mixed samples into single genetic profiles.

So if the lab reports indicate that unquestionable biological evidence of Sollecito’s DNA was found on the bra clasp, at the present time we have no reason to believe that these recommendations weren’t followed and that therefore the reports are not to be trusted.

As to cells “flying around” depositing themselves – and their DNA content - here and there around the murder scene, there have been some imaginative theories advanced, to say the least.

The reality though is that although epithelial cells do shed, they don’t sprout little wings to flock to one precise spot, nor grow feet to crawl and concentrate on a piece of evidence. There needs to be some kind of pressure on a surface in order to deposit the amount of biological material necessary to yield a reliable PCR analysis result. A simple brushing will not do. 

As a matter of fact, Dr Stefanoni agreed with Guede’s defense that Guede‘s genetic material found on the left sleeve of Meredith’s blouse was minimal; and this was because the DNA found there belonged to the victim and was not a mixture. In the situation where there is a clear disproportion between quantitative data of two DNA’s coexisting in a biological trace, the PCR will amplify the most abundant DNA.

As agreed by Dr. Stefanoni and Guede’s defense, the conclusion here was that on the left sleeve there was plenty of Meredith’s DNA but very little of Guede’s. (This was used by his defense to deny that Guede had exerted violence on Meredith’s wrist).

After listening to the arguments of the prosecution and the defenses, Judge Micheli provided reasons why he rejected the contamination claims and ruled that all the biological traces identified as reflecting Sollecito’s and Knox’s DNA are admissible as evidence. He arrived at the conclusion that the DNA evidence is sound and, considered along with the non-biological proof, he decided there was more than enough evidence to order Knox and Sollecito to stand trial. 

Regarding the biological significance of the traces, we are now looking forward to hearing the Knox and Sollecito defenses’ counter-arguments.  But as we understand it now, the DNA evidence for the trio having all been involved in the murder seems pretty damning.


Understanding Micheli #4: The Staged Scene - Who Returned To Move Meredith?

By Brian S

Please be warned that this is sad and hard-going, although many other passages from the Micheli report we will never post on here are even more harrowing.

Just to recap. Judge Micheli presided over Rudy Guede’s trial and sentencing and the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

Late January he made public the 106-page report that explains the thinking behind both actions. These posts are examining key areas of the report so that we too may decide on the rationales.

This post is about the final position of the body. Why this matters so much is that if the evidence holds firm, all by itself it will prove that there was a major rearrangement of the crime scene, to try to throw investigators off the trail.

This is as near to an 80,000 pound gorilla in the room as we are likely to see in this trial. And it may even be on the trial agenda for this coming Friday and Saturday.

Reports by the crime-scene investigators and Dr Lalli are summarised in Judge Micheli’s report. They describe the detail of the scene discovered in Meredith’s room. The investigators measured and photographed the position and state of everything, including blood, as it was in the room before anything was moved.

Amongst the items noted was a white bra. Some parts were soaked in blood, particularly the right shoulder strap and the outside of the left cup. They also noted that a portion of the backstrap with its clasp fixings was missing. Meredith herself was lying on her back midway between the wardrobe and the bed, without her jeans, a pillow under her buttocks and her top rolled up to reveal her chest.

Following this survey, Meredith’s body was then turned and moved by the investigators. This revealed the other items on which her body had lain. A tennis shoe, a white sheet from the bed and a blue zipped top, all with blood stains. Also a green bath towel and an ivory bath towel, both soaked in blood, and underneath the pillow was the missing clasp section of the bra back-strap.

Judge Micheli notes that Amanda’s defence claimed that “the small round spots of blood” apparent on Meredith’s chest indicated that she was not wearing her bra when she was killed. He agreed that it was likely that these spots fell from Meredith’s gasps for breath as she lay on her back after she had been stabbed. However, he could not agree with their conclusion that her bra had been removed before this time, as similar small round spots were also found on Meredith’s bra.

Micheli reasoned that this indicated that Meredith was still wearing her bra as she gasped for breath, but that her top was rolled up and the bra moved also. Thus indicating the sexual nature of the original attack, but also allowing the small round spots to fall on both chest and bra. Furthermore, other blood evidence involving the bra indicated that it wasn’t removed until some time after Meredith had died.

He said that Meredith’s bra was found by investigators away from other possible blood contamination on the floor, near to her feet. Photographs of Meredith’s body show clear white areas where the bra prevented blood from falling onto Merediths body. These white areas corresponded to those areas where blood was found on her bra. This was particularly true in the area of the right shoulder strap which was soaked from the wound to Meredith’s neck.

Micheli said that evidence showed that Meredith had lain on one shoulder near the wardrobe. She lay in that position long enough for the imprint of her shoulder and bra strap to remain fixed in the pool of blood after she was moved to the position in which her body was finally found. Photographs of blood on her shoulder matched the imprint by the wardrobe and her shoulder itself also showed signs that she had remained in that position for some time.

Based on all this, Judge Micheli concluded that there could be no doubt that Meredith’s body was moved away from the wardrobe and her bra removed quite some time after her death.

Neighbor Nara Capezzali had testified that people fled from the cottage within a minute of Meredith’s final scream. There was no time for any alteration of the crime scene in those very few moments.

Judge Micheli asks in his report, who could have returned later and staged the scene which was found? Who later moved Meredith’s body and cut off her bra? He reasons it could only be someone who had an interest in changing what would become a crime scene found at the cottage. Who else but someone who lived there, and who wanted to mislead the coming investigation?

It couldn’t have been Laura, she was in Rome. It couldn’t have been Filomena, she was staying with her boyfriend. It was very unlikely that it was Rudy Guede, all proofs of his presence were left untouched.


The culprits ran from the cottage in different directions and there is no reason to believe they met up again before some or one of them returned. Judge Micheli stated that, in his opinion, this just left Knox who would seem to have an interest in arranging the scene the police would find.

Bloody footprints made visible with luminol in Filomena’s room contain Meredith’s DNA. This indicated to Judge Micheli that the scene in Filomena’s room was also staged after Meredith was killed.

In Micheli’s opinion the scene in Meredith’s room was probably staged to point the finger at Rudy Guede. All evidence related to him was left untouched, and the pillow with a partial palm print was found under Meredith’s repositioned body.

But whoever later arranged that scene in Meredith’s room also unwittingly indicated their own presence at the original sexual assault. Who else could have known that by staging an obvious rape scene, they would inevitably point the investigators towards Rudy’s DNA which they knew could be found in Meredith?

Micheli asks: Seemingly, who else could it have been but Amanda Knox? And this in part is why she was committed to trial, for her defense to contend this evidence.


Friday, January 07, 2011

Scenario Explaining Meredith’s Cell-Phones Dumped At The Same Address As The Toilet-Bomb Hoax

Posted by Cardiol MD


We are facing east here.

That road ahead drops way down, and then it joins a road rising sharply up again to where Meredith’s house is.

Here Madame Lana’s house is to the left. The cellphones were tossed over the trees at the center, down the slope into the garden. To the right is the path to the door in the city wall 100 meters away (and so to Guede’s and Sollecito’s houses).

The choice of 5A Via Sperandio for disposing of the cell-phones creates a puzzle for which the Massei Jury, apparently, “cannot see any reason”: From page 385 of the Report:

[We] cannot see any reason why the author of the crime would have been in Via Sperandio…and [we] cannot see what destination a person advancing along that street could have had with any objective other than that held by this Court: to throw the telephones in a place where they would be very difficult to find.


There may be a scenario that resolves this puzzle:

Late in October, Amanda Knox and Raffaele Sollecito may have already discussed, and formulated the outline of a plan to teach-Meredith-a-lesson.

An opportunity to play-out such a plan presented itself on the evening of November 1st, 2007:

At 20:18:12 Amanda, receives an SMS text from Patrick Lumumba asking her not to come in to work that evening (page 345).

This unexpected free time, Rudy Guede’s availability, and their knowledge that the house would be empty, fitted-into “doing it” that night.

Here is the scenario. Somewhere about 2200 - 2300, Thursday, Nov 1st, 2007 the-teaching-of the-lesson began…

The next 12 hours, ending with the Police discovery of Meredith’s dead body, is a litany of the trio’s miscalculation and failure to foresee the foreseeable:

    1. The first miscalculation was their failure to foresee that Meredith could, and would resist so effectively that even all three of them combined could hardly restrain her.

    2. The second miscalculation was their failure to foresee Meredith’s scream, loud enough to be heard all round their little world.

    3. The third miscalculation was their failure to foresee that their crescendo of neck-airway-stabbing, intended to shut-her-up - which it did - could, and did, also cut an artery, the Right Superior Thyroid Artery.

Cutting that artery resulted in a bright red jet of arterial-blood, which would have sprayed Meredith, Meredith’s clothes, them, their clothes, the wall, and the floor.

They fled.

Meredith then died an awful death from inhaling her own blood.

The-teaching-of-the-lesson may well have occupied no more than 15 minutes from beginning to end - maybe even less.

The remainder of the 12 hours was occupied, first by verifying the absence of a hue-and-cry, especially any police-alert; then returning to their crime-scene, finding that Meredith was dead, cleaning-up, rearranging the scene, faking a break-in, and at some point disposing of Meredith’s cell-phones “in a place where they would be very difficult to find.”

This is where the choice of 5A Via Sperandio for disposing of the cell-phones creates a puzzle for which the Massei Jury, apparently, “cannot see any reason,” but to which there may be a solution:

    1. First, there was probably a division of labor for this cell-phone disposal; Raffaele Sollecito was more than likely presumed best to do it. He had been a student in Perugia since 2002 more than 5 years, and knew local Perugia far better than the others.

    2. Secondly, a most efficient way to detect any police-alert is a police-scanner or police-wavelength radio.

Police scanners are hand-held instruments, fitting into a coat pocket, or on a waist-belt. They can automatically scan thousands of police-frequencies, detecting police radio traffic, alerting the user.

Police scanners are sold all over the world; almost anywhere in the world you can buy one that could be attuned to Italian police-radio traffic frequencies.

If Sollecito had a police scanner he could have picked-up, and because he was native Italian, understood any Perugia police radio traffic relating to the Via Sperandio hoax call, which was reported to the Police at around 10:00 pm on November 1st.

7 Via della Pergola is not far from 5 Via Sperandio - variously estimated to be 5-7 minutes from 7 Via della Pergola by car, or 15-30 minutes on foot.

Sollecito would have known that.

Given the multiple mis-calculations already made, Sollecito might well have outsmarted himself and, expecting the Police not to go again to 5 Via Sperandio, disposed of the cell-phones right there.

At least one was left on though, unwittingly defeating the object of the exercise, and starting the police trail that remorselessly led to him and Knox..

Posted on 01/07/11 at 10:05 AM by Cardiol MDClick here & then top left for all my posts;
Right-column links: Evidence & witnessesThe timelinesCellphone activityHoaxes Knox & team15 Single alibi hoaxHoaxes Sollecito etc27 Single alibi hoax
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Sunday, December 26, 2010

Report #4 On Perugia: Why Amanda Knox Might Have Encountered Guede 20 Or More Times Near Her Home

Posted by SomeAlibi

The road up from the cottage and the intersection to the language school and university is a real deathtrap. It has no sidewalk, the traffic roars along, and at night the street is very dark. 

So typically those coming from the area of the cottage head up the stone steps for s few steps and then they walk across the basketball court and the piazza. Reverse that (as in this video) for people going the other way.

As Rudy Guede was a habitual user of the basketball court, Amanda Knox might have seen him there as many as two dozen or three dozen times. 

Posted on 12/26/10 at 02:44 PM by SomeAlibiClick here & then top left for all my posts;
Right-column links: The officially involvedEvidence & witnessesThe timelinesRudy Guede15 Single alibi hoax27 Single alibi hoax
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Wednesday, December 22, 2010

Report #3 On Perugia: This Is The Walk From Raffaele’s House To The Basketball Court

Posted by SomeAlibi


Sunday, December 12, 2010

Video Of The Last Scenes Poor Meredith Saw In Her Life Before She Arrived Home Fatefully

Posted by SomeAlibi

Also posted on our new Case Videos page. Meredith of course made this walk at night and the video gives an example of that after first showing the route. Essentially it is a z-shaped route.

North and then west, and then north again down the stairs and across the parking building, to the presumed safety of her home. 

Posted on 12/12/10 at 10:09 AM by SomeAlibiClick here & then top left for all my posts;
Right-column links: Concerning MeredithHer memoryEvidence & witnessesThe timelines
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Friday, December 03, 2010

Explaining The Massei Report: Establishing The Time When Meredith Passed On

Posted by Storm Roberts




Why This Matters So Much

Perhaps the hardest parts of the Massei Report for compassionate readers to take are those concerning Meredith’s wounds and time of death.

Those passages commence early in the report and, as with our translation of much of the Micheli report, left our translators and many readers disturbed and a few of them at least in tears. 

This is an abbreviated overview of how forensic medicine helped the court to establish the time of Meredith’s death.

Click here for more

Posted on 12/03/10 at 12:29 AM by Storm RobertsClick here & then top left for all my posts;
Right-column links: Evidence & witnessesThe timelinesDNA and luminolTrials 2008 & 2009The Massei Report
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Monday, November 29, 2010

Explaining The Massei Report: The Timeline For Events Before, During, And After The Night #1

Posted by catnip




The Masssei Timeline To Midnight 1 Nov

These two posts list all of the events precisely timed in the Massei Report. Page numbers shown in brackets are those in the original Italian version.

This timeline will be reposted over on the TJMK Massei Report summaries and highlights page as we populate that page further starting this week.

There are plenty of mentions of imprecise occasions and general time periods, such as when Rudy told Giorgio Cocciaretto about liking Amanda (p26) or when lawyer Palazzoli found out their stolen computer had been recovered in Milan (p33), but they are not listed here.

nts_before_during_2/”>Post #2

Click here for more


Explaining The Massei Report: The Timeline For Events Before, During, And After The Night #2

Posted by catnip




The Masssei Timeline After Midnight 1 Nov

We continue here from Post #1 These two posts list all of the events precisely timed in the Massei Report. Page numbers shown in brackets are those in the original Italian version.

There are plenty of mentions of imprecise occasions and general time periods, such as when Rudy told Giorgio Cocciaretto about liking Amanda (p26) or when lawyer Palazzoli found out their stolen computer had been recovered in Milan (p33), but they are not listed here.

Click here for more

Posted on 11/29/10 at 12:00 AM by catnipClick here & then top left for all my posts;
Right-column links: Crime hypothesesVarious scenariosEvidence & witnessesThe timelinesTrials 2008 & 2009The Massei ReportHoaxes re Guede33 Sole attacker hoax
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Monday, August 02, 2010

Why The Media Are Wrong To Rely On Amanda Knox’s Family For Impartial and Accurate Information

Posted by The Machine


1 False claim-making endemic in support of Knox

In many posts we have been addressing the myriad false claims of Knox & family that, lies that now number up in the hundreds.

And here are 150 questions for the two perpetrators posted by our great Powerpoint creator, Kermit, just prior to their conviction. If reporters had sought answers to all of those, they might have once and for all nailed down the truth from the two, and made clear what REALLY happened.

Edda Mellas is already charged along with Curt Knox with making things up, in that pending case about slandering Amanda Knox’s interrogators. And as Finn MacCool seems to have got all the facts right in this post on Amanda Knox’s calls with Edda Mellas, it seems surprising that she is not also charged with perjury.

It’s a great pity that not more media people have put aside their emotions, and actually analyzed the numerous wild claims that come pouring out of Edda Mellas. The fact that so many professional journalists have given her a free pass and never challenged, cross-checked, or probed her claims is especially shameful.

Why has Edda Mellas been able to make so many false claims in the media without being challenged? 

One primary reason according to the Daily Beast is because journalists are required to give certain guarantees about positive coverage in order to gain any access to Amanda Knox’s family: “Of the handful of American journalists in Perugia in late 2007 and early 2008, none got access to the Knox family without certain guarantees about positive coverage.”

And another reason why Edda Mellas has been able to get away with repeatedly propagating the same core false claims is that the journalists in the US who have interviewed Edda Mellas are almost completely ignorant of the basic facts of the case. They haven’t bothered to find out enough about the case to be in a position to challenge what she says.

In fact any journalist - in fact, anyone interested in the case - can check the veracity of her claims against the official court documents, including the Micheli Sentencing Report of January 2009 (summarised on TJMK in English) and the Massei Sentencing Report of March 2010 (very soon available on PMF and TJMK in English).

And they can check the claims against the objective reporting of the various respected Rome-based journalists who speak fluent Italian and who actually attended the trial - the only Rome-based English-language reporter who has ever filed biased reports was Peter Popham, who seemed reflexively anti-Italy, and who was withdrawn two years ago.

2. Numerous False Knox-Family Claims

This analysis focuses on the claims that Edda Mellas has made in interviews with Larry King on CNN, Chris Wragge on CBS, Linda Byron on King 5, and The Guardian’s Simon Hattenstone. There are other videos and text interviews that we could have drawn examples from.

We start with Edda Mellas on CNN’s Larry King Live.

Edda Mellas and Curt Knox appeared on Larry King Live shortly after the verdict last December. You can see them in the videos above and below. The timing here corresponds to the time counter at bottom-left of the video.


False claim 1 “The prosecution had changed the motive four times during the trial. and at the end they finally had to say we don’t have a motive but it doesn’t matter.” (minute 4.22 above)

Barbie Nadeau pointed out that the prosecutors had changed their theory, but only rather slightly:

“The prosecution lawyers began their case in January 2009 by arguing that Kercher was killed during a sex game gone awry. When it came time for closing arguments, they had changed the theory slightly, trying to make the case that Knox resented her prissy British roommate and killed her in hatred” A sex attack was still involved.

Prosecutor Mignini also suggested that a hards drug like cocaine might have been involved, and certainly never said that they didn’t have a motive. Co-Prosecutor Manuela Comodi said that she didn’t know precisely what the motive was, but certainly never claimed that there was none.


False claim 2:  “He (Rudy Guede) all of a sudden had money that he didn’t have earlier in the day” (minute 3.22 above)

Edda Mellas is plucking “facts” out thin air with this claim. No evidence was presented at any court hearing that showed that Rudy Guede suddenly had money that he didn’t have earlier in the day on 1 November 2007.


False claim 3:  “There is no murder weapon.” (minute 4.32 above)

Judge Massei indicates in the sentencing report that Amanda Knox’s judges concluded that the double DNA knife, the larger of the two indicated by Meredith’s autopsy, is indeed the murder weapon.

It is totally compatible with the deep puncture wound in Meredith’s neck, and according to a number of independent forensic experts, it contained Meredith’s DNA on the blade..

 


False claim 4:  “The Italian Supreme Court found the interrogation illegal” (minute 7.54 above)

Though this claim has been repeated in different ways, the Italian Supreme Court has NEVER ruled that Amanda Knox’s interrogation either as a witness or a suspect was illegal. In the suspect interview, she had both a lawyer and interpreter present.


False claim 5:  “They admit to the fact they really have no physical evidence” (minute 7.54 above)

As it took the prosecutors four or five months to present it, they have never admitted that they have no physical evidence. The stop-start-stop nature of the defense phase of the trial showed how very telling the evidence was.


False claim 6:  “They believe Meredith was killed at about 9.30pm” on Larry King Live (minute 0.54 here)

The prosecutors didn’t claim this at the trial. According to Mignini’s timeline, which he used when presenting his scenario for what happened to the judges and jury at trial, Meredith was killed at about 11.50pm.


False claim 7:  Amanda Knox didn’t know Rudy Guede (minute 1.02 here)

Unbelievably, Edda Mellas claimed that Amanda Knox didn’t know Rudy Guede despite the fact that Amanda Knox testified IN COURT that she had met Rudy Guede on several occasions.

Here’s the actual court transcript:

Carlo Pacelli (CP), Patrick Lumumba’s lawyer: In what circumstances did you meet him (Rudy)?

Amanda Knox (AK): I was in the center, near the church. It was during an evening when I met the guys that lived underneath in the apartment underneath us, and while I was mingling with them, they introduced me to Rudy.

CP: So it was on the occasion of a party at the house of the neighbors downstairs?

AK: Yes. What we did is, they introduced me to him downtown just to say “This is Rudy, this is Amanda”, and then I spent most of my time with Meredith, but we all went back to the house together.

CP: Did you also know him, or at least see him, in the pub “Le Chic”, Rudy?

AK: I think I saw him there once.

CP: Listen, this party at the neighbors, it took place in the second half of October? What period, end of October? 2007?

AK: I think it was more in the middle of October.


False claim 8:  Rudy Guede’s DNA was in Meredith’s purse (minute 3.16 here

Edda Mellas’s claim that Rudy Guede’s DNA was in Meredith’s purse is completely untrue. According to the Micheli report, which was made available to the public in January 2008, Guede’s DNA was found on the zip of Meredith’s purse and not inside it.


False claim 9:  “Even the Italian Supreme Court ruled that her rights were repeatedly violated.” (minute 5:32 above

The Italian Supreme Court has NEVER ruled that Amanda Knox’s rights were repeatedly violated. Not even her own lawyers claimed that, and no complaint was ever lodged.

The first of Knox’s two written statements couldn’t be used against her simply because she wasn’t represented by a lawyer when she made it - and she volunteered that statement, in a seeming state of panic, when she was told Sollecito was no longer supporting her alibi..

We continue next with Edda Mellas making claims in an interview for the CBS Early Show.

Whilen Edda Mellas was in Perugia, she was interviewed by CBS’s Chris Wragge. (Embedding of this CBS video YouTube on sites like TJMK is disabled, which suggests that CBS might be worried that the claims made were wrong and they should have been challenged on-air.) 


False claim 10:  The double DNA knife is incompatible with the wounds on Meredith’s body. (minute 0.16 above)

In the interview Edda Mellas made the following claim: “The knife they think is the murder weapon is way too big and demonstrated how it had to have been a much smaller knife that caused all the wounds.”

Edda Mellas’s claim above is simply not true.

Barbie Nadeau reported directly from the courtroom in Perugia that multiple witnesses for the defence, including Dr. Carlo Torre, conceded that the double DNA knife was compatible with the deep puncture wound in Meredith’s neck.

“According to multiple witnesses for the defense, the knife is compatible with at least one of the three wounds on Kercher’s neck, but it was likely too large for the other two.” (Barbie Nadeau, Newsweek).

“He (Dr. Carlo Torre) conceded that a third larger wound could have been made with the knife, but said it was more likely it was made by twisting a smaller knife.” (Barbie Nadeau, The Daily Beast).

Judge Massei categorically states in the judges’ sentencing report that the double DNA knife was compatible with the large wound on Meredith’s neck.


False claim 11:  Meredith’s room was so tiny, there wasn’t enough room for four people in some kind of tussle. (minute 0.27 above)

In the same interview with Chris Wragge, Edda Mellas asserts that there couldn’t have been an attack on Meredith involving three assailants.

“The space available this crime happened is so tiny you can’t have had four people in that room in some kind of tussle.”

The Violent Crimes Unit itself used detailed images at the trial to show that there was more than enough room for an attack involving three attackers.


False claim 12:  There is no evidence of Amanda Knox at the actual crime scene. (minute 2.06 above)

“Its the fact at the actual crime scene there is no physical evidence of Amanda; not a hair, not a fingerprint, not a nothing.”

The crime scene involves the whole cottage and it isn’t limited to Meredith’s room. Knox and Sollecito were both CONVICTED of staging the break-in and tampering with the crime scene.

Furthermore, there is plenty of evidence actually placing Amanda Knox in Meredith’s room on the night of the murder: the double DNA knife, and the blood she tracked into the bathroom, the hallway, Filomena’s room, and her own room.

According to two imprint experts, there was a woman’s bloody shoeprint on the pillow under Meredith’s body which matched Knox’s foot size.

Even Sollecito’s forensic consultant, Professor Vinci, claimed that he had found Amanda Knox’s DNA on Meredith’s bra.


False claim 13:  “The DNA is so insignificant. It’s this tiny spot. It’s not blood.” (minute 2.16 above)

Three independent DNA experts -  Dr. Patrizia Stefanoni, Dr. Renato Biondo, and Professor Francesca Torricelli - confirmed that Meredith’s DNA was definitely on the blade of the double DNA.

The DNA charts themselves show a clear and unmistakable match. Edda Mellas doesn’t seem to understand that DNA evidence almost always involves only microscopic traces of DNA.

Dr. Stefanoni testified at the trial that the DNA on the blade could indeed have come from Meredith’s blood.

We continue next with Edda Mellas in an Interview with Linda Byron on Seattle TV station King 5.


False claim 14:  Amanda Knox and Raffaele Sollecito maintained the same story (minute 3.17)

Edda Mellas claimed in this interview with Linda Byron that Amanda Knox had maintained the same story for over a year when she was asked whether her daughter had lied.

In another interview with Linda Byron in November 2009, Edda Mellas bizarrely claimed that Amanda Knox hadn’t changed her story. KING 5 Investigator Linda Byron asked her: “Did she change her story?”

Edda Mellas responded: “No, no. For this whole year they have maintained the story - what they did that night. They stayed at Raffaele’s, they made dinner, they watched a movie. That’s it, that’s the story.”

Edda Mellas’s statement that Amanda Knox didn’t change her story and that she and Sollecito maintained the same story is yet another incorrect and misleading claim.

Knox and Sollecito both gave three different alibis. The posts on their alibis are linked-to up at the top here. Knox gave at least three different times for when she and Sollecito had dinner on the night of the murder.

Knox gave different reasons for writing her handwritten confession, and she gave different accounts of seeing the blood in the bathroom which contradict each other.

And most devastating of all, Sollecito stopped providing Knox with an alibi on 5 November 2007.

Sollecito is STILL nearly three years later refusing to corroborate her alibi. He clearly hasn’t maintained that Knox was with him at his apartment - actually he claimed that she went out for four hours.


False claim 15 : Amanda Knox wasn’t provided with an interpreter (minute 2.37)

Edda Mellas made this false claim, which has been widely propagated by Knox groupies, in an interview with Linda Byron on King5.

It’s not difficult to prove that this claim is completely false. Knox’s interpreter on 5 November 2007, Anna Donninio, even testified at the trial. And Amanda Knox herself spoke about her interpreter when she gave testimony at the trial.

We continue next with the claims of Edda Mellas on ABC TV.


False claim 16:  “Amanda Knox is incredibly honest” (minute 11.25)

In an interview with ABC’s Elizabeth Vargas Edda Mellas claimed that her daughter is “incredibly honest”.

And Edda Mellas told The Guardian’s Simon Hattenstone that “Amanda doesn’t know how to lie.”

In fact, Amanda Knox’s mobile phone records, data recovered from Sollecito’s computer, and corroborative testimony of numerous witnesses, provide irrefutable proof that Amanda Knox has lied - again and again.

For example, her lies about him directly led to Diya Lumumba, an innocent man, spending two weeks in prison - even though as recorded in prison she told her mother Edda Mellas that her claims were not true. .


False claim 17 : Amanda Knox could have left Italy, but she chose to stay and help the police.

In an earlier interview with Larry King in October 2009, Edda Mellas told him that Amanda Knox could have left Italy, but she chose to stay and help the police:

“After the murder, Mellas said, friends and family told Knox to leave Italy—to either come home or stay with relatives in Germany—but Knox refused because she wanted to help find the killer and prove that she had nothing to do with it.”

“Many people asked her to leave, but she said no. ‘I’m going to stay. I’m going to try and help. I’m going to try and finish school,’ ” Mellas said.”

Edda Mellas’s claim is flatly contradicted by Amanda Knox herself, in the e-mail she wrote to her friends in Seattle on 4 November 2007:

“i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house”

And along with one of Meredith’s friends who walked home with Meredith on the night, the police told Amanda Knox pretty promptly that as her status was (then) a primary witness, she was not to go anywhere.

The fact that Knox did stay was of little help to the investigation - in fact, she seemed to work hard to derail it - and one of her main concerns at the time, a pretty callous one, was whether she would be staying or moving out of the house and getting a rent refund.


False claim 18:  Amanda Knox and Raffaele Sollecito were not under the influence of drugs on the night of the murder (BBC Radio)

In an interview with BBC Radio after the verdict, Edda Mellas apparently stated that Amanda Knox and Raffaele Sollecito were not under the influence of drugs on the night of the murder.

This is despite the fact that both Knox and Sollecito had both themselves actually claimed they had smoked cannabis. The prosecution believed they might have been on a hard drug like cocaine, which also seems the general belief around Perugia.


3. And Some Conclusions

The fact that Edda Mellas has been able to propagate so many wrong claims in the media for so long without being challenged seems to speaks volumes about the naivety and unprofessionalism of her interviewers, and of the media organisations they work for.

As they usually do,  ABC News, CBS News, CNN, King 5, and other media outlets should have interviewed objective crime-case professionals, who don’t have a vested interest in the case.

Instead they have relied again and again on Amanda Knox’s mother and other family members as primary sources.

Amanda Knox is not an innocent political prisoner who was railroaded in some Third World country for some very murky reason. She was unanimously convicted after a lengthy trial at which the evidence was absolutely overwhelming. 

As the Christian Longo and Scott Peterson cases that we posted on below go to prove, seemingly quite normal people commit horrific murders. Probably the vast majority of murders are committed by people who to many seemed normal.

It seems downright perverse that some of the journalists who have interviewed Edda Mellas treat Amanda Knox as a victim, and with cloying sympathy ask “How is Amanda doing?”  They wouldn’t dream of asking Charles Manson’s mum how the Manson girls are doing.

It is time for the sake of the truth, the legitimacy of the verdict, the relations between the US and Italy, and the peace of mind of Meredith’s family and friends, that from now on they hold Edda Mellas’s feet to the fire.. 


Monday, May 03, 2010

From The Book Darkness Descending: The Insights On Knox And Sollecito

Posted by Peter Quennell


This is Hamburg above. And that is Berlin and its parliament (the Bundestag) below. 

Amanda Knox speaks German and she spent several months in these two cities, staying for some weeks in in Hamburg with her relatives, and several days in Berlin, before moving to Perugia to start her study period there.

Darkness Descending is the book on Meredith’s case by two British writers from which we excerpted on Meredith a few days ago.

As far as we know the writers did not visit Seattle, and their focus is more generally on Italy and to some extent the UK. But they did offer this brief take on Amanda Knox, and also one on Raffaele Sollecito.


**********

From Darkness Descending by Paul Russell and Graham Johnson (Pocket Books) pages 291 and 292

Meredith had enjoyed making the pop video with her University of Leeds friends, but Amanda’s summer job, before travelling around Europe and going to Perugia, had not been so successful.

A politically well-connected uncle in Hamburg had got her an internship to die for - a job working for a German MP at the Bundestag. Kindly Uncle Uwe also set Amanda up with a flat on the .outskirts of Berlin.

Astonishingly, two days later, his seemingly ungrateful niece walked out on the job without telling anyone, moaning that she had nothing to do and she wasn’t sure if she was getting paid. Again, money was a big feature in her thoughts.

She’d spent most of the time reading Harry Potter and showed no curiosity about how the parliament or the high-powered people in there worked. She ignored conversations about its history and architecture.

After walking out, she spent her time drinking wine in the local bars and reading more Harry Potter.

Two days later she left Berlin for Hamburg, where her uncle was waiting for her. He was furious - she had let him down.

It seems Amanda craved excitement on her terms, usually based on getting drunk and goofing around.

Her friends said she simply feared boredom like any young girl. She showed a healthy streak of youthful carelessness, they said, no worse or better than anyone else. A video posted on YouTube showed her drunkenly giggling in a friend’s kitchen after downing shots.

On campus, back in the US, Amanda had been fined for being drunk and disorderly at a party held in a fellow student’s house. During the incident she had also insulted the police.

However, her defenders gave another version, portraying a magnanimous Amanda. They said that in fact she was courageously fronting up for her underage friends, who were in no state to talk to the police; she was the only one sober enough to handle the situation.

A big plus in her character assessment, they said, possibly displaying a sense of chivalry that would later get her into deeper trouble in Perugia.

Despite her college party lifestyle, there was no denying that Amanda was clever and that she could compartmentalize her life.

She made the Dean’s List, an elite commendation of the University of Washington reserved for the institution’s brightest students, and an honour that would ultimately qualify her for a prestigious and sought-after place on the study-abroad exchange programme.

If Amanda wanted something, she would go all out to get it, no messing around.

Raffaele Sollecito’s later years were quite different: he seemed to laze around and evade responsibility.

He posted pictures of himself on the internet wrapped in blood-covered bandages, brandishing a meat cleaver, and wrote a weird story to go with the images. In a blog he expressed satisfaction at once being lodged in the same hostel as the infamous ‘Monster of Foligno’, a murderer who slaughtered two youths in the 1990s.

And yet his new-found fascination with gory horror and violent comics would have surprised the friends he left behind at Licea Scientifico Einstein secondary school at Molfetta.

They said Raffaele suffered from excessive softness - his kickboxing instructor recalled that he even hesitated when kicking out, for fear of hurting the hardened expert.


***********

A few interesting insights there, though we could use more on Sollecito.  For most of it, this is a pretty good book, the weak part being the closing analysis of the evidence. Two small corrections.

  • The house where the notorious rock-throwing party took place was where Knox herself was living at the time. See here.

  • Knox was not on an official University of Washington study-abroad program, as the university has rather anxiously tried to make plain. See here.

If Knox had indeed been on a proper study-abroad program - something many caring parents actually insist upon - her behavior might have been more restrained. She may not have moved in with Sollecito for one thing.

She may not have hit the drugs so hard. And she would not have run so desperately short of money, just when Patrick was apparently about to hire Meredith to replace her. No monthly checks were arriving from Seattle. 

Maybe the second correction is not such a small one.

In fact, it is a pity that no writers have really explored all of this - there is, if anything, a surfeit of motives in this case, and the writers might be able to narrow them down.

Although he went to highschool in Molfetta (bottom shot here) and the book is correct on that, Raffaele Sollecito actually comes from Giovinazzo which is ten minutes drive south along the coast.

Both are north of Bari, where his father practices medicine.   





Tuesday, November 24, 2009

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

Posted by The TJMK Main Posters




An Exceptionally Vicious Attack

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

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

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

Click here for more


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