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Friday, April 19, 2013
Tips for The Media #4: 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.
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?
Archived in The three defendants, Rudy Guede, Officially involved, Supreme Court, The trials, Guede trial, The appeals, Guede appeals, Public evidence, The timelines, DNA and luminol, The two knives, Witness Aviello, Witness Alessi, Crime hypotheses, Spurious Lone-Wolf, Diversion efforts by, The Knox-Mellases, The Sollecitos, More sockpuppets
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Monday, April 01, 2013
Alarm Bells Ignored: Overconfident PR And Lawyers May Have Led To That Shock At Cassation Outcome
Posted by The TJMK Main Posters
But we have been surprised in recent weeks at how the defense lawyers and spokesmen and especially Raffaele Sollecito and Giulia Bongoirno and Carlo Dalla Vedova and the PR flunkies were seemingly seeing the Supreme Court appeal as a forgone conclusion in their favor, a blip requiring no change in the end game.
Here are 20 warning bells that we think they might have missed or heard wrongly which contributed to a shocked and ill-prepared reaction to the Cassation ruling, and each of which a team of hard-nosed lawyers not befuddled by PR might have heard and responded to quite differently.
- 1. The Italian media in 2007-2008 in fact did not blow the case and Knox herself out of all proportion. Most of the lurid headlines appeared in the UK press where they had zero effect on the 2009 jury. There really was a hard case to answer.
2. The British and American media mostly came to be manipulated on the lines Barbie Nadeau’s book described, which meant a big contrast opened up between hard Italian reporting and fantastical UK and US reporting.
3. The Knox and Sollecito teams shrugged off a short-form trial in October 2008 at which point they might have pleaded that Meredith’s murder was not intended and drugs and mental quirks had resulted in a terrible but unintended outcome, perhaps providing relief both for themselves and Meredith’s family.
4. The prosecution part of the trial in 2009 was in fact, contrary to frequent illusory claims, fast and comprehensive and decisive, and it may have been at the end of that phase that the jury was already ready to vote guilty.
5. The defense part of the trial was far less successful with Amanda Knox on the stand suggesting to Italians that she was cold-blooded and uncaring, and from then on the defenses were desultory and dispirited with no strong points ever landed. Several days one or other of them failed to show.
6. The prosecution summation at end of trial was extremely powerful and included in it was a very convincing 15-minute crime-scene recreation video (never released to the public) which accounted for all the marks and stains in Meredith’s room and on her body by an attack group of three.
7. The Massei report, again contrary to frequent illusory claims later, was considered by those familiar with such reports a model of good logic and reasonable assumptions. It laid out and connected hundreds of evidence points which in a normal appeal process would have been unassailable.
8. The 2011 appeal did not happen because Massei was riddled with legal errors and wrong assumptions, which would have been the criteria for any British or American judge to agree to such an appeal. It happened solely because, unique to Italy, such appeals are automatic if demanded, resulting in a huge number of appeals on weak grounds.
9. Italy does not have a terrible record of trial reversals as some claim. It has a record of fine-tuning and adjustments of thousands of appeals by appeal juries seemingly wishing to prove that they are being diligent. Cassation is aware of this quirky systemic effect, and it often bounces back appeal outcomes to dead center.
10. It had appeared that the PR effort was joined by a lot of influential “heavies” including MP Girlanda, Judge Heavey, Senator Cantwell, Joel Simon of CPJ, and the billionaire Donald Trump. Most had limited positive effect in the US and less in Italy, and have been quiet since the Cassation ruling.
11. Judge Hellmann was a surprise replacement for Judge Chiari, then the able and experienced head of the criminal division. (He resigned over this.) Judge Hellmann, a good civil judge, had very limited criminal-case experience. Chief Judge De Nunzio has not explained why he replaced Chiari .
12. The scope of appeals is carefully laid out in the Italian judicial code, and they are not to be repeat trials with overall reconsideration of all evidence and al witnesses only absent the careful presentation process and cross-examination at trial. In the US or UK the defense grounds for appeal might simply have been rejected.
13. Prosecutor Mignini was provisionally convicted in March 2011 of abuse of office, but careful examination would have revealed that the grounds were spurious and he had no need of a conviction in this case. Cassation in the past month has killed his own case terminally and chastized those who brought it.
14. Incriminating DNA was found in Meredith’s room and also outside it in many locations, and also on a knife in Sollecito’s apartment. DNA consultants were “illegally” appointed who muddied the waters but decisively disproved none of it.
15. The Supreme Court is on record as deciding that three perpetrators attacked Meredith. The defenses never set out to prove Guede was a lone wolf attacker, for a long list of reasons, and they failed to prove that jailhouse witnesses Alessi and Aviello had pointed out credible alternatives.
16. The Hellmann-Zanetti report surprised a majority of Italian lawyers who read it for its passion and broad scope and tendentious logic, and for misunderstanding certain key legal concepts. Some instantly saw it as having feet of clay, and a pretty sure candidate for reversal.
17. The significance of Chief Prosecutor Dr Galati in the process seemed seriously discounted. UK and US media mostly ignored his appointment and where he came from, which was in fact Cassation in Rome where he was a highly effective Deputy Chief Prosecutor.
18. The Galati appeal itself was extremely competent and hard line and targeted the Hellmann appeal outcome in several levels or layers in a total of ten points. It is one of the toughest and most sweeping appeals ever filed in Italy, and in the US or UK alarm bells really would have gone off at this one.
19. Sollecito’s book was seemingly okayed by his lawyers, although it causes them major complications in three respects: it introduces new “facts” which contradict his own defense; it derides Italian officials and accuses them of crimes; and it looks like a seedy attempt to make money out of a crime for which the writer is still on trial.
20. While Sollecito had been acting happily oblivious and super-confident in recent months, he has added to Amanda Knox’s own problems by semi selling her out in his book, and by waking the new 800 pound gorilla of contempt of court prosecutions for not respecting the judicial process.
It may not surprise you to learn that Giulia Bongiorno has not had a very winning record at Cassation, and as far as we know the other lawyers have no experience of winning there at all.
Archived in Officially involved, The defenses, The appeals, Cassation appeal, Public evidence, Witness Aviello, Witness Alessi, Diversion efforts by, The Knox-Mellases, The Sollecitos
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Saturday, January 12, 2013
How Much Or How Little To Blame Rudy Guede? The Defenses’ Immense Headache Coming Up #1
Posted by Cardiol MD
[Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]
On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?
Well, it sure varies.
In trial court and first-appeal court it was never ever 100%. Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.
In fact among the defendants and their teams only ONCE was Guede ever blamed 100%.
Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.
Our next post will look at the categoric claims against Guede in that book. Meanwhile, here, let us start at the beginning.
Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0%. Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.
In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point. After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.
At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.
In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene. In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito.
Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.
Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow.
During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.
We can assume that is either 33% or 50% but never more than that.
On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.
The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).
In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:
- The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
- But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.
I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.
Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.
We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”
I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it. Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.
It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.
I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.
I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review. We should know in March 2013 if they regret it at all, let alone ‘bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.
We were less impressed with how Judge Zanetti started the appeal hearings.
To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is ‘certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.
Unless the word ‘thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case.
For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.
Guede, himself, had certainly already made a documented reference to Meredith’s scream.
It was also certain that Guede had made documented references to his actual presence when Meredith screamed.
Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the ‘reliability’ of those facts, e.g. ‘it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?
The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:
- That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, ….so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
- That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
- That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
- That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “… the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19, 2007, also listened to by the Police, can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
- And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “…..he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”
So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:
- Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
- In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.
We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.
Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:
The Hellmann/Zanetti court, “has… made …. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.
In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him  to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .
The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times‛ (pp 88 of the call [transcript]).
If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times‛?
Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.
And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it ‚in favour of the two accused‛ both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe‛ and thus could well have been able to tell the whole truth (p 40 of the judgment).
Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.
 Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.
In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house – who must have been one of the flatmates, thus Amanda (p 11 of the call), – while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).
And also, on the subject of the break-in in Romanelli’s room – thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) – can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).
If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies  having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”
None of this changes my own beliefs that there are even many more things in evidence that are ‘beyond any reasonable doubt’. For example:
- It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
- It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
- It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.
In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it.
Verrrry tough situation for defense counsel to be in.
Archived in The three defendants, Rudy Guede, Officially involved, The defenses, Public evidence, The two knives, Witness Aviello, Witness Alessi, Crime hypotheses, Spurious Lone-Wolf, Diversion efforts by, The Knox-Mellases, The Sollecitos
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Friday, January 13, 2012
Umbria’s Very Tough Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello
Posted by Peter Quennell
Above: Cassation. Image replaced till we are sure we have one of Dr Galati. See comment in thread below.]
Dr Giovanni Galati is the region of Umbria’s chief prosecutor. He was appointed by the Minister of Justice last year. Previously he was a high-profile and very successful Deputy Prosecutor General at the Supreme Court of Cassation in Rome.
The chief-prosecutor post in Umbria is a sign of great official confidence in Dr Galati. His office in Perugia is one of the best staffed and most formidable of that of any of Italy’s 20 regions. The principle reason for this is that the Perugia office serves as a national surrogate for Rome prosecutors where national political cases are concerned.
His office has been investigating corruption in construction related to the Winter Olympics in 2006 and the severe earthquake in 2010. Parliamentarians in the party of former Prime Minister Berlusconi (which is also the party of Sollecito defense counsel Gulia Bongiorno and Amanda Knox acolyte Rocco Girlanda) are among those now being investigated. Several or some MPs could end up in prison and the parliamentary party severely damaged..
Mr Berluconi’s party is no longer the lead party in the governing coalition in parliament, but it was the lead during the whole of the first-level Knox and Sollecito appeal in Perugia up to the surprise verdict from Judge Hellman. Berlusconi, Bongiorno and Girlanda seem to have all had good reasons to humiliate Giovanni Gelati and his team.
Now Dr Galati gets to fight back.
Reporting items of breaking news on Meredith’s case on her excellent Twitter feed ( @andreavogt ) the Italy-based reporter Andrea Vogt has already reported that Dr Galati is preparing to proceed with a forceful Cassation appeal of the appeal verdict.
Andrea Vogt also reports that the defense super-witness and Mafia super-snitch Luciano Aviello will face a slander hearing in Perugia on 24 May. This may be a smart tit-for-tat move by Dr Galati as Judge Hellman did seem to have bent over backward in his report to ridicule all the prosecution witnesses - most of whom he never even set eyes on.
It may also be a smart taunt directed at Giulia Bongiorno. On the witness stand during the appeal, Mr Aviello claimed that Ms Bongiorno had channeled suggestions to his prison of bribes from the Sollecito family for false testimony. She angrily said she would sue him - but so far she hasn’t launched a suit.
Dr Galati is said to respect Mr Mignini, and to consider that his sliming and the sliming of the police investigators by the Knox forces has been way, way, way over the top.
During the appeal Dr Galati appeared twice in the courtroom to show solidarity with his prosecution colleagues. He addressed the court at the start of October on what he considered severe shortcomings in the DNA report written by Stefano Conti, Carla Vecchiotti and the peripatetic grandstander Greg Hampikian.
Our main poster Tiziano translated this from La Nazione.
The new Prosecutor General of Perugia, Giovanni Galati, spoke briefly in Court in support of his colleagues. He wished to “show his complete support of all the matters raised by his colleagues, in particular as far as the expert report is concerned.”
Seated next to the deputy Prosecutor General, Giancarlo Costagliola, Galati spoke before the Court affirming that it had seemed “his duty” to inform himself on the proceedings in court. “I hope that the Court’s decision will be the fruit of a dignified confrontation of the parties.”
Referring to the expert report of the consultants named by the Court ... he spoke of “evident gaps” and “evaluations [which had been] not requested.”
Last month there was an official function involving Dr Galati and the mayor of Perugia and the chief judge of the Umbria appeal court to initiate Italy’s first online system to allow every interested party to track the progress of court cases and appeals and to obtain all the public documents.
It was not said at the time that one reason for such an open information system is to counter the massive misinformation put out by the Knox and Sollecito forces - but smart people in Italy are not slow to connect up the dots.
Dr Galati’s grounds for the appeal to the Supreme Court (where until recently as mentioned above he was a trusted main player) will be published by February 18th. He does know that court.
Archived in Officially involved, The prosecutors, Public evidence, Witness Aviello, Witness Alessi, Other cases, Associated trials
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Saturday, June 18, 2011
Today’s Desperate Moves By The Defense Lawyers Seem To Have Backfired On The Two Defendants
Posted by willsavive
Cross-posted here from my own website Savive’s Corner.
Order of business
Just as expected, five inmates testified to in an Italian court that Amanda Knox and Raffaele Sollecito are innocent, to the best of their knowledge.
According to Barbie Nadeau (author of the Beast Book Angel Face) security was tight in Perugia today, as a string of blue prison vans pulled into the back parking lot of the central courthouse carrying some of Italy’s most notorious convicts.
1. Mario Alessi
First to the stand was Mario Alessi who is serving a life sentence in Italy for kidnapping and killing 17-month old, Tommaso Onofri, in 2006, was called by Sollecito’s defense team. Almost immediately after taking the stand, Alessi turned pale, became ill, and had to step down. After nearly an hour he finally returned to tell his story.
Alessi, who was being held in the same prison as Rudy Guede, testified that the Guede told him that Knox and Sollecito are innocent, speaking in prison conversations in November 2009, a month before the Knox and Sollecito were convicted.
Alessi said Guede approached him during recreation time at the Viterbo prison. “Rudy links arms with me, inviting me to take a walk with him, he has something important to tell me,” Alessi told the court. He quoted Guede as saying he was worried because “I don’t know whether to tell the truth or not,” and that the truth “is altogether different from what you hear on TV.”
Alessi then testified that Guede said he and a friend went over the house with the intent of having three-way sex with Meredith Kercher. When she refused, the scene turned violent. Alessi said Guede told him he had gone to the bathroom and upon coming back he had seen his friend holding Kercher to the ground.
Eventually, “a knife appeared, almost out of nowhere,” Alessi said, quoting Guede as saying that it was pointed at Kercher’s throat. Kercher began fighting, according to Alessi, and her throat slit got slit in the process. Guede tried to rescue her, Alessi said, but his friend stopped him.
Alessi testified (translation by Jools) that…
“Guede asked me what benefits he would get if he told the truth. He then said that he had met Meredith in a bar with some friends of his – one was called The Fat One. He said that one had got drunk and that he had followed Meredith home to see where she lived. A few days later he said he and this drunk friend went back to the house to see Meredith. They asked her if she would like to have a threesome and she had told them to leave.
Rudy said he then went to the bathroom and that when he came back the scene was very different. He said that Meredith was on the floor, back down, and that his friend was holding her down by the arms. He said that they swapped positions. Rudy then told me that he had put a small ivory handled knife to her throat and that it had cut her and his hands were full of blood. He said that his friend had said: ‘We need to finish her off or we will rot in jail.’”
Note: The bold statement above is a huge inconsistency, because, by all accounts (Knox as well as others who lived in the cottage), Guede already knew where Meredith was living—he had been to the cottage twice before that. According to Alessi, Guede did not reveal the identity of his alleged accomplice.
Alessi said he and Guede had developed a friendship in prison but eventually Alessi broke it off as he realized that Guede “said two innocent people were in jail” but did nothing about it. Alessi then contacted the lawyers representing Sollecito. Of course, being the humanitarian that he is, Alessi claims that he tried to convince Guede to “tell the truth.”
Upon cross-examination, Kercher family lawyer Francesco Maresca held up a photo of the child Alessi murdered (Tommaso Onofri) and asked him, “Do you know who this is?” “No,” Alessi replied, looking away. Italian media report that he also denied he is serving a life sentence.
Three more fellow Viterbo prison inmates were called to back up Alessi’s story, including police informant Marco Castelluccio, who took the stand behind a blue cover, guards around him. Castelluccio said he heard the story about Knox and Sollecito’s innocent mostly from Alessi. He said on one occasion, however, he heard Guede say from a separate cell that Knox and Sollecito were innocent.
2. Luciano Aviello
Another prison inmate Luciano Aviello  who has served 17 years in jail after being convicted of being a member of the Naples-based Camorra, testified today that his brother Antonio and his colleague had killed Meredith while attempting to steal a “valuable painting.”
Aviello said that the Albanian—who offered his brother “work” in the form of a robbery—had inadvertently jotted down the wrong address, and they instead went to the house where Kercher and Knox were living, and they were surprised by Meredith’s appearance. According to Aviello, his brother and the Albanian man then committed the murder and fled.
Aviello is from Naples, but was living in Perugia at the time of the murder. He claims that his brother, who is currently on the run, was staying with him in late 2007 and on the night of the murder he returned home with an injury to his right arm and his jacket covered in blood.
Flanked by two prison guards, Aviello described how his brother had entered the house Meredith shared with Knox and had been looking for the painting when they were disturbed by a woman “wearing a dressing gown.”
“My brother told me that he had put his hand to her mouth but she had struggled,” Aviello testified. “He said he got the knife and stabbed her before they had run off. He said he had also smashed a window to simulate a break in.” Aviello said his brother had hidden the knife, along with a set of keys his brother had used to enter the house. “Inside me I know that a miscarriage of justice has taken place,” he asserted.
Consequently, Aviello had been in the same jail as Sollecito and had told him: “I believe in your innocence.”
Knox’s lawyers, Carlo Dalla Vedova and Luciano Ghirga, visited Aviello in Ivrea prison near Turin back in May 2010 and videotaped his statement and included it in their appeal request.
Under cross examination from the prosecution it emerged that Aviello had also been convicted seven times of defamation to which he angrily replied: “That’s because all of you, the judiciary are a clan.”
As Aviello testified, Knox—dressed in an ankle length floral pattern white dress and blue top—listened intently, occasionally making notes or discussing points with her lawyer.
So many convicts, which one to believe, if any?
Rudy Guede will now get a chance to rebut all of the above at the next appeal hearing on 27 June. This may be the worst-case scenario that the pussyfooting Knox and Sollecito defenses tried to avoid for three years. Did Knox realize?
Oh yes, it’s true! Judge Hellman has ordered Guede’s testimony to counter that of Mario Alessi. Guede will be heard alongside two fellow-detainees and two Perugia officers. June is shaping up to be a real “scorcher” in this appeals trial.
Guede had refused to speak on the stand in the original trial of Knox and Sollecito, because his appeal was still ongoing. Now, with Guede’s final appeal completed with Italy’s Court of Cassation; a real surprise could be in store.
Archived in Officially involved, The defenses, The trials, The appeals, Hellmann appeal, Public evidence, Witness Aviello, Witness Alessi, Other witnesses
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Today’s Star Witness For The Defense Mario Alessi Looks To Be Up To His Neck In Trouble
Posted by Peter Quennell
Main reporting on the testimony of Mario Alessi will be available later today. Already the Italian media are reporting on what looks like a slow moving train-wreck for the defense.
1) Alessi’s nervous and defiant claims on the witness stand that Guede told him Sollecito and Knox were not involved sounded distinctly hollow.
2) The prosecution ripped into him during the cross-examination phase and left him squirming and evasive on his claims.
3) The prosecution announced that the police have already investigated him for false claims, and a request for his prosecution has been sent to Viterbo.
4) The lawyer for the victim’s family also ripped into him with a description of his murder of a baby, with an image of the baby being presented to the court.
5) Alessi then developed some sort of health condition with low blood pressure as one of the symptoms, and was briefly treated.
6) Alessi seemed to be trying to opt out from any more interrogation on the stand, but Judge Hellman ordered him to come back.
Baby killer Mario Alessi is one of the least liked characters in Italy, in part because before he was arrested he was seen on TV saying “who could have done such a horrible thing?”
Attempts to hoodwink the Italian public and courts never seem to go over very well.
Added: Luciano Aviello next took the stand. He is the Naples mafia snitch who claims that his missing brother and one other murdered Meredith.
It will be interesting to see if any photographs surface of Aviello. There are no recent shots. Barbie Nadeau tweeted from the court that he looks about 12 years old.
If he cannot produce Meredith’s keys or a knife that he claimed he buried at his brother’s request, he too will be toast and also facing more charges.
Archived in Officially involved, The defenses, The trials, Witness Alessi, Other witnesses, Hellmann appeal
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Saturday, April 30, 2011
Italian Campaigner For Victims And Their Families Says The System Is Denying Them Justice
Posted by Peter Quennell
We have posted often on how tough things are for Italian police and prosecutions, and how many hurdles they have to jump through. There is great caution built into the process before cases ever go to trial, and then there are two compulsory rounds of appeal.
There are proportionally very few perpetrators in Italians prison by global standards, and when there in prison they are given quite a nice time, trained to perform usefully when released, and very often get out of prison early.
Seemingly very humane. But this does carry high costs. There is quite a high proportion of recidivists (perps who do their crime over again) and there are often almost unbearable pressures on victims’ families, as Meredith’s father John Kercher has several times described.
On top of all this, there is the growing western fascination with perps, and in many cases their elevating to popular cult-worship status.
Barbara Benedettelli is a writer and columnist and the editor of the popular “Top Secret” program on Rete4 TV of which her husband Claudio Brachino [image at bottom] is the host.
Her latest book (only in Italian) is called “Victims Forever”. She talks of various prominent perps (one of whom is the convicted babykiller Mario Alessi. who may be a defense witness of all things in the Knox and Sollecito appeal) and various forgotten victims.
Barbara Benedettelli has been interviewed by Maria Rosaria De Simone for Italia Magazine
Barbara, tell me about your latest book, “Victims Forever.”
In this book, I put all my soul into it. I was completely absorbed, I have worked tirelessly. It’s the outcome of numerous interviews that I made with the relatives of those who were torn from life prematurely. Life is the greatest gift that we possess and it is important that we learn to respect it. We can not devalue it, treat it as waste paper. We can not despise it. Life must be defended. That ‘s what I tried to highlight.
Who are the ‘victims forever’ you speak of?
The victims are always the relatives of those who were killed. Killing a person is to kill an entire world, destroying the lives of family members who are sentenced to a life of pain. The murderer after serving his sentence can still have a future. Relatives of the victims do not.
They are sentenced to a life in pain. In the book I wanted to give voices to these victims. It covers eight stories.
I saw that the book contains interviews with relatives of the victims.
Yes, the book includes dialogues spoken in confidence, and the correspondence I received from relatives who live a life torn apart. They are trying to make their voices heard in order to receive justice, and instead they feel forgotten, mistreated and poorly tolerated by our justice system.
I approached them only to discover a world that I not even remotely imagined. I came into their lives on tiptoe, I saw their pain, the disillusionment of discovering that the murderer, in the process, is transformed from a ruthless criminal into a “poor victim” who is well treated, carefully supported, and spoiled to give him, after a detention not adjusted to the brutality of the crime, a new life, a new possibility for the future and a rehabilitation.
In the Italian criminal justice system, the victims and the relatives of the victims, who have lost their greatest asset, matter very little.
It cares far more for the wellbeing of the murderer, his recovery, his return to the social system. And with this mindset, I found that victims and their relatives do not receive justice.
We have a ‘system of rewards’ and if the murderer demonstrates a desire to involve themselves in re-education, we reduce by forty-five days every six months of the sentence. And we add a number of other benefits.
The book denounces a system that does not respect the victims in their need for recognition of their dignity, their value.
The penalties that are imposed on the offenders should be proportionate to the offense. A man who committed a murder, resulting in a final death, a road of no return, should receive an appropriate sentence, because what he did can not be erased, nor can there ever be reparation.
Instead, our Constitution, with the intent of an educational purpose and the rehabilitation of prisoners into society, has since 1975 triggered a series of benefits for good behavior, leading to numerous reductions of sentences for those convicted.
This is pervasive. It results in assurances for the inmate that leads to a serious imbalance. A murderer is often out of prison very soon, not having fully served his sentence, often emerging unaware of the seriousness of the crime he committed.
Relatives of the victims not only feel that their loved one is killed for the second time by a justice that they consider unjust, but often have to live with the terror of meeting the murderer on the streets of their country, proud and with the eyes of those who got away and without any gesture or sign of repentance.
In my book, the relatives of the victims complained that today in our justice system there does not exist any certainty of punishment.
Can you give some examples?
Take the case of four young boys, Alex Luciani, Daniela Traini, David Corradetti, and Eleonora Allevi. In 2007, they were going to get ice cream.
A Rome boy who was drunk while driving a minibus mowed them down.
Well, consider how much pain, how many people were destroyed that night: the boys, their friends, their parents, their brothers, all those who loved them. Yet all this could all have been avoided. The murderer, Marco Ahmetovic, the previous year had attempted a robbery at a post office. Should he not have been in prison?
Of course, he should have been in prison. And how did it work out?
The taker of four young lives, Ahmetovic, was given six years and six months in prison. He was initially under house arrest in a residence by the sea with a friend, and then released because the house did not meet the standards.
There is no certainty of punishment, as you say. Not only is the sentence not appropriate for the offense that was committed, but even that is not properly served.
Yes, this is an insult to the relatives of the victims. I’ll give you another example. Remember little Tommaso Onofri? [The baby murdered near Parma, Sicily, by Mario Alessi.]
How could I forget? His case has been watched throughout Italy with bated breath ...
I interviewed his mother, Paola. She is a woman destroyed. The closer you get to her, the more you feel her pain and are overwhelmed. Paola calls for justice, justice before any thoughts of re-education, to punish, to emphasize that the life of a child has value.
Destroying that has a price: that of freedom. This price, the price of liberty, must be paid by the murderer. In 2006 Paul had a family and that now no longer exists.
Two men kidnapped Baby Thomas, who was seventeen months old, and they killed him without mercy. Mario Alessi and Salvatore Raimondi, these are the names of the killers.
And Antonella Conserva [Alessi’s wife and] was their alleged accomplice. Alessi was sentenced to life imprisonment. Raimondi, he was given twenty years, he has benefited from the fast-track trial [same as Guede’s] despite the brutality of the crime.
We keep waiting for the decision of the Court of Appeal in Bologna. [The Supreme Court of Cassation referred the wife’s case back to them.] The woman’s defense team seeks to demonstrate that she was not involved despite the evidence.
“I declare myself innocent,” she says. Meanwhile there is only one certainty, that the family will never see again Tommy Onofri that they killed.”
Mario Alessi had already had trouble with the law.
Indeed, this is another important point.
Alessi had a conviction for first and second-degree sexual assault. In 2000 a young couple in their rural home was attacked by two unknown men armed with a gun and a knife. The girl was brutally raped. And the rapist was the very same Alessi, who was arrested but released after only nine months after expiry of the period of detention.
After two convictions for rape, Mario Alessi was turned out and free to go and kill the little Tommaso Onofri.
This is the scandal of the Italian justice ...
Yes, a scandal and you could tell a long sequence of stories like that.
How did you feel to spend so much time with the relatives of the victims?
It ‘s hard. Their pain becomes your own, you’re totally involved.
However there is one thing you can say. Relatives of the victims asked for the certainty of punishment for the murderers through my book, but I have not read in them hatred, resentment and fury. Only pain and grief.
I remember that you entered into politics ...
I went into politics. I was full of projects, I thought I could change the world. I thought I could help those who are weakest, those who are less fortunate.
Unfortunately, I encountered the harsh realities of politics. I found myself alone in my battles. I am too idealistic, I do not go over well with this policy.
And in all this your husband Claudio Brachino [the host of Top Secret, image below] helped you?
Claudio is a wonderful man. Always over the years we worked together. He has always supported me. He’s also a loving father. He respects my work and my need to carry out my work in complete independence.
Claudio is not only a true professional, but he is also very sensitive and is proud of what I’m doing. Even my two sons are, who I love with all my heart, and who I have rather neglected during the writing of this book. Especially in the final stages. I was very busy and unbearable.
Maria Rosaria De Simone adds: I read her book, “Victims forever.” Barbara Benedettelli’s work is valuable not only for the way she conducted the interviews and the reflections of high compassion, but also she uses the Italian language fluently and is full of interesting styles. Very nice also is the foreword to the book by Rita Dalla Chiesa, who recalls the day when she learned of the murder of her father, Carlo Alberto. An excerpt.
This is for More Victims. A book in which the soul of the writer shows through and seems naked, stripped at times. Pages that reflect strong feeling, the passion of civil pain but also the love for life, interspersed with the complaints toward a system that allows double, triple, endless injustices. These make these people, in fact, Victims Still.
Not only once, but whenever a court fails to follow up, a murderer intrudes again in those lives that are torn, injured, deprived of any human right. Every time we, the people, public opinion, politicians, judges, writers, forget that the effect of a murder does not end with the death of a human being irretrievably “deleted”, but continues in those who survive the death. Because a human being is an entire world. A world full of meaning, history, and other people.
Archived in Witness Alessi, Other witnesses
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Wednesday, April 20, 2011
Defenses’ Possible But Extremely Unlikely Star Witness Is Once Again Back In The News
Posted by Peter Quennell
Above: Mario Alessi. The defenses’ possible get-out-of-jail-free card.
That is if he actually agrees to testify in face of possible perjury charges, can do so credibly, and can weather a withering cross-examination from the prosecution which has already investigated his claims - and a possible reappearance of Rudy Guede on the stand.
Mario Alessi’s claim is that Rudy Guede confessed to him in their cell that he actually carried out the crime against Meredith with two others, not Sollecito and Knox. Guede has very adamantly denied this, and remains seething and maybe likely to hit back hard.
Alessi, a carpenter, actually has some assets in Sicily where he lived and where he murdered a baby boy. But he applied for legal aid for his trial and appeals and he got it - a lot of it. The total is nearly $200,000.
The prosecution then appealed all the way up to the Supreme Court of Cassation that Italian taxpayers should not be stuck with this very large tab. Yesterday the Supreme Court disagreed.
And so Alessi gets to keep his property in Sicily, and Italian taxpayers are indeed stuck with the large tab. Confidence boosting? The Perugia prosecution probably hopes so…
Archived in Witness Alessi, Other witnesses
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Wednesday, April 06, 2011
Harsh Language For Possible Defense Witness Mario Alessi From The Supreme Court Of Cassation
Posted by Peter Quennell
Mario Alessi is the jailhouse snitch who claims that Rudy Guede told him that Guede and two others murdered Meredith.
That if believed would leave Knox and Sollecito in the clear. But if the Knox and Sollecito defenses put him on the witness stand, it might destroy their appeal like a hand grenade.
Why? Well, the prosecution interviewed both Alessi and Guede in prison and they further investigated Alessi’s claims - and have never made those results public. Alessi’s own lawyer does not believe him and she has publicly urged him not to get on the stand to repeat his claims.
She presumably fears he might get slapped with perjury charges and end up spending even more years behind bars - he is already serving a life sentence at Parma Prison which normally means 30-plus years.
The Supreme Court has just issued a ruling on the appeal of Alessi’s wife wife Antonella Conserva. It says that as she was not present at Mario Alessi’s horrific killing of Baby Tommy when the baby would not stop crying, her 30 year sentence is not properly supported in law.
Her case is referred back to the Appeals Court in Bologne where the first-level appeal must be repeated. Meanwhile Alessi looks even more disreputable. And the other possible witness with an alternative theory is Luciano Aviello who has a well-established record of lying.
More and more it is looking now like Amanda Knox and Raffaele Sollecito may be forced to take the witness stand in last-ditch efforts against their appeals totally failing and their getting awarded even tougher sentences.
Little else is going their way these day - the DNA review and and Mr Curatolo’s testimony are expected to still remain creditable, and even if they don’t they are only two drops in a large evidence bucket.
If either do take the stand (and if they don’t, much will be made of that, even though Italian law says it shouldn’t) Kermit’s cross-examination questions are waiting.
Archived in Witness Alessi, Other witnesses
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Sunday, February 27, 2011
Five Sleepers For The Knox And Sollecito Defenses That Could Make Matters Even Worse
Posted by Peter Quennell
The situation actually seems tougher for the defenses than even the very stark facts in the post below suggest. Here are some sleepers.
1) All the DNA tests could go against them, Amanda Knox’s DNA might be confirmed on Meredith’s bra or bra clasp as several DNA witnesses believed it was, and if the opening of the knife handle is permitted, Meredith’s DNA might be discovered in there.
2) The defenses hope to destroy the timeline of Curatolo the eyewitness in the park by proving there were no nightclub buses operating that night. But Judge Micheli said that in accepting him as credible his statement that he saw the two in the park the night before all the police activity at the house was enough, and did not even mention any buses. The Hellman court might agree.
3) Prosecutors interviewed and investigated both Alessi and Aviello but never revealed what they found out. If the defenses call them as witnesses, as they desperately need to in light of the Supreme Court of Cassation position below that Guede and two others were involved, they could be destroyed in cross examination and end up facing perjury charges and longer prison terms as a result.
4) The Hellman court might discount the Massei scenario that Guede just happened to be there for a reason not explained, and just started to molest Meredith with two others nearby, who then just oddly chose to join in on his side with some handy knives. The prosecution and Judge Micheli both believed the hazing of Meredith was probably a Knox-driven initiative. The prosecution could make this a main argument in the requested waiving of the mitigating circumstances the Massei court allowed.
5) Sollecito and/or Knox could insist on mounting the witness stand despite counsel advice and in trying to explain the alibis and cellphone and computer happenings and a few other things might collapse under cross-examination - their first unrestrained cross-examination in this process.
Raffaele Sollecito’s superstar lawyer Giulia Bongiorno, now on maternity leave, may not be heard from again. And Sollecito still seems to be maintaining some separation and not giving Knox any help with her fifth alibi.
Archived in Witness Aviello, Witness Alessi, Other witnesses
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Thursday, April 01, 2010
Claimed Guede Confidant Mario Alessi Has Been Moved Two Hours North To Parma Prison
Posted by Peter Quennell
Nice city, Parma. Famous for good food. Where the prosciutto hams come from.
The French singer on the video is Juliette Greco. The French generally love Italy, the fifth most visited country in the world (it is also the fifth largest industrial producer). Tourists from France and Germany constitute the largest national groups.
Not that he is likely to enjoy it very much. But it is reported that Mario Alessi has just been moved from the Viterbo prison north of Rome to the prison in Parma.
The newspaper website Viterbo Daily reports that this was a precautionary move by the Prisons Department, in the light of the bitter disagreement between Guede and Alessi as to whether Guede confided to Alessi that he had a companion along on the night Meredith died.
Alessi’s claim has been met in Italy with great scepticism, and it seems unlikely that the two ever even talked. No-one else has made a similar claim. Those grasping at straws argued that Guede also confided in a priest and a nun, but they seem to have gone awol.
Alessi is serving 30 years and if it can be proven that he lied under oath in his testimony to prosecutors Mignini and Comodi, he could see his term extended by several years.
Our next post (a complex one) hopefully later today looks again at Rudy Guede’s role in the case.
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Friday, March 12, 2010
Behind Mario Alessi’s Own Trial And Life Sentence: The Kidnap And Murder of A Baby Boy
Posted by Peter Quennell
Above: Mario Alessi and his wife Antonella Conserva at trial in Parma, Sicily, in 2008.
A notorious and very cruel case. A masked Mario Alessi kidnapped a baby at gunpoint, and 20 minutes later beat him to death with a shovel. He received a life sentence and his wife Antonella 30 years.
Here on the People You’ll See In Hell website is one apparently quite accurate English-language report of their crime.
Tommaso Onofri was a beautiful baby who lived with his mum, dad and older brother in a country house near Parma, Italy. The evening of March 2nd, 2006, seemed a normal one at Onofri home. The family was having dinner, and 17-month-old Tommy was in his usual place for this time of day, sitting in his high chair.
Suddenly, two men with their faces covered by balaclava burst into the room. The family, terrified and thinking they were being robbed, wisely told the pair of bandits, “Take whatever you want.” But this was no robbery – no, it was much worse than that. To everyone’s shock and surprise, instead of taking money or jewels, one of the men pulled the baby out of the high chair,and the two intruders ran off with little Tommaso Onofri.
The Police and news media went mad about this case. The Onofris seemed like such a normal family, without secrets, and they were not rich. Nobody ever asked for a ransom. Little Tommy was an epileptic baby who needs daily medications, but days passed and there was no trace of the child or the kidnappers.
Investigators looked at every angle. They found traces of child pornography in Mr. Onofri’s computer, and for a short time police suspected him, but it turned out there was no evidence to support the theory that he was connected to the disappearance of his son.
Then, police checked on a man who worked in the Onofri house as a builder, some days before Tommy was kidnapped. His name was Mario Alessi and he’d done time for sexual assault; some years before, he raped a girl in front of her boyfriend.
But now he was a free man, and he had a wife and a son. Police interrogated him, and Mario Alessi became the first legitimate suspect. But again, they had no evidence and were forced to release him.
He went back home and did an interview with his wife for an Italian TV show (for money, I suppose). Video cameras went to their house, they showed what fine, upstanding people the Alessis were, how suspecting them was a huge mistake. “You shall not touch children!” said Alessi to millions of fellow Italians on TV.
Some days later, he, his wife, Antonella Conserva, and another builder who worked with Mario Alessi, Salvatore Raimondi, were arrested for the kidnapping of Tommaso Onofri. But where was little Tommy? Antonella ConservaIt seemed to everyone that now that the case was over, the baby should now be back in his mother’s arms.
Finally, in April of 2006, one month after the disappearance of little Tommy, Mario Alessi confessed. He led the police to a river not far from the baby’s country home. The police found the body of 17-month-old Tommaso Onofri buried in a shallow grave at the bank of the river, in high state of decomposition. It turns out he was murdered just 20 minutes after he was taken from his highchair.
Here’s how police say this crime took place. Mario Alessi and Salvatore Raimondi planned the kidnapping. They had decided to kidnap the baby because they did some work for the Onofris and mistakenly assumed they were rich. The original plan called for them to give the baby to Alessi’s wife, Antonella Conserva, to care for him, while they made arrangements to ransom Tommaso.
But something went terribly wrong: Alessi took the baby and ran off on a motorbike. First he heard police sirens closing in behind him, then he saw police cars on his road, and he started to get nervous. Little Tommy couldn’t stop crying and Alessi began to panic, so he went down to the river. Finally, fearing the police would hear the baby’s cries, Mario Alessi took a shovel and beat Tommaso Onofri to death. He buried the body in the sandy soil at the bank of the river.
Mario Alessi was condemned to life in prison. His accomplice, Salvatore Raimondi, got 20 years (he was the first to confess and he had chosen an abbreviated process), and Antonella Conserva was sentenced to 30 years”.
Amanda Knox and Raffele Sollecito: please meet your new best friend from hell…
Archived in Witness Alessi, Other witnesses
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Rudy Guede Now Counter-Claims From Prison That Knox And Sollecito Were Real Instigators
Posted by Tiziano
Please click here to read Rudy Guede’s hand-written letter from Viterbo Prison (above) in Italian.
Below is our translation of the letter as posted by TGCom.
Rudy Guede was obviously provoked into putting his version of events out by the claim of Alessi (see video at bottom of this post) that he had a colleague with him on the night, and also by the finding of the judges in the Dispositivo that he was the prime instigator.
The complete text of the letter written by the Ivory Coast man.
Guede’s letter to News Mediaset.
As usual in this beloved beautiful country of ours, there are many dishonest people given over to lying. And there are likewise those who give these people a voice without the slightest questioning of their consciences, whether it’s worth the trouble of giving space to certain conjectures.
In recent days the only things I have heard have been blasphemous insinuations about me; baseless gossip which has done nothing other than harrying, hither and thither, TV news channels, even though for reasonable people it is the pure invention of a wicked mind.
It must be said that all I have heard in recent days in the media, about what has been falsely stated by this foul being by the name of Mario Alessi, whose conscience is nothing but stinking garbage, are purely and simply the ravings of a sick and twisted mind, his ravings are the dreamed-up, untrue declarations of a monster who sullied himself with a frightful murder in which he took the life of an angelic little human being, as is known throughout Italy. This fellow, now, is telling lies about things that I never said to him and (other things) that I never said, things that don’t exist either in this world or the next.
To his – or rather their- rotten declarations, it’s my intention to put in black and white that I never confided in this disgusting creature, since moreover that I’ve got nothing to confess or anything else (to say), and everything that I had to say I have already said to the judges and I will go on shouting and fighting while I am still alive, until the truth itself and justice itself prevail over such lies, and even less did I speak one to one or together with other people or with other inmates about my trial affairs, and if I had ever had something to say, don’t you believe that I would have talked about it with my lawyers? Giving rise to and giving credit to what is a blasphemous statement made by a sick mind, to a monster who had no pity for a child.
With this latest scenario, which my lawyers, my family and I are now used to, from this latest person, the monster Alessi, I hope that Italians and the rest of the world realise that they are dealing with pigs, pigs which stink of the slime of falsehood, but which, not withstanding everything, go around showing their faces and suffocating people with their fetid lying.
Like their umpteenth scenario which does nothing more than give me the strength and the awareness to struggle more than ever, so that the truth that they want to hide is revealed for everyone to see.
As far as I’m concerned, (I have) the serenity and the calm of complete peace of mind, as a person who does not parade this unfair suffering, but who trusts in justice and in the good sense of Italians.
And finally I wish that sooner or later the judges will recognise my complete non-involvement in what was the horrible murder of the splendid, magnificent girl who was Meredith Kercher, by Raffaelle Sollecito and Amanda Knox.
Below: Alessi’s statement at Viterbo Prison to Raffaele Sollecito’s defense team. Warning: this very self-serving statement by Alessi is graphic and offensive, as well as, in our view, almost certainly untrue.
Rudy Guede will be interrogated on the claims in this statement today Friday by Mr Mignini and Ms Comodi at Viterbo Prison. There could be news coming out of this interrogation later today.
Archived in The three defendants, Amanda Knox, Raffaele Sollecito, Rudy Guede, Officially involved, The defenses, Public evidence, Knox's alibis, Sollecito's alibis, Witness Alessi
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Tuesday, March 09, 2010
Jailhouse Snitch With “New Evidence” Doesn’t Seem To Be Widely Believed
Posted by Peter Quennell
Andrea Vogt as usual has the best report. Key excerpts:
1) Claims by a fellow prisoner oif Rudy Guede
In a bizarre development Friday, attorneys for Raffaele Sollecito, Amanda Knox’s former boyfriend, deposited a new piece of evidence in the slaying of British student Meredith Kercher—the deposition of a Sicilian bricklayer serving a life sentence in the same prison as Rudy Guede in Viterbo, Italy.
In the statement, deposited Friday and obtained by the seattlepi.com, the fellow convict claims Guede confided in him that Knox and Sollecito were innocent and that the murder was committed by a friend of Guede’s who had gone to Kercher’s house for a threesome.
Mario Alessi, 38, is currently serving a life sentence in connection with the brutal kidnapping and murder of Tommaso Onofri, a 2-year-old boy from Parma known as Tommy, whose high-profile disappearance and murder in 2006 shocked the nation….
Sollecito’s attorneys requested authorization from the Bologna Court of Appeals and sent their legal assistants to videotape Alessi’s statement in Viterbo, where he is detained in the same sex crimes section of the prison.
In the statement, Alessi claims three other prisoners can confirm his declarations. He said he wrote several letters to Sollecito’s attorney, Giulia Bongiorno, because he felt the need to tell her what he had heard from Guede during their open air breaks.
Buongiorno is a noted lawyer from Sicily who is also a parliamentarian and heads a governmental justice commission. On many occasions Guede said explicitly and clearly that Raffaele Sollecito and Amanda Knox were completely extraneous to this homicide, he said in the deposition.
Around the time of Guede’s appeal, Alessi claims Guede confided in him that the murder was actually committed by a friend of his, who had joined him at Kercher’s for a threesome, which she resisted. Alessi gives a detailed description of the scene as he claims was described to him by Guede: with Kercher getting wounded as he tried to get away from her knife-wielding attacker. While Guede tried to stem the bleeding, the friend said “we’d better finish her off or we’ll both rot in prison,” according to Alessi’s account.
The friend then stabbed her repeatedly in the neck and fled, leaving Guede to try to stop the bleeding, Alessi claims. Later, the two saw each other in the disco, where the friend gave Guede money to flee to Germany, Alessi claims he said. The name or identity of the friend Alessi said Guede was referring to was not given. Guede’s attorney, Walter Biscotti, drove to Viterbo on Saturday to speak with Guede, who emphatically denies the conversation ever took place.
2) Denials by Guede, his lawyers, and prison authorities
In the strongest terms possible, Rudy denied ever having talked to Alessi about these matters, Biscotti said. Alessi’s appeal of his life sentence was denied, so he is not credible. He is doing what those who are desperate do grab onto someone else in desperation. But Guede is bothered by the fact that he is always being dragged into the middle, Biscotti said.
Authorities who interrogated Alessi in the Onofri case said Saturday that they do not believe he can be considered reliable and had given misleading declarations in the past.
Archived in Witness Alessi, Other witnesses
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