All our posts on The Aviello hoax
Wednesday, November 06, 2013
Appeal Session #3: Sollecito In Court With Family Lawyer For Carabinieri Report On DNA On The Knife
Posted by Peter Quennell
So the court session does not even extend beyond the lunch hour. Good morning Seattle! At this moment it is still only 3:30 in the morning there. Only night owls will know what happened.
Yummi and Mason2 may have more for us, which will appear either here below this final update on in Comments. Also Andrea Vogt and hopefully Barbie Nadeau will be filing longer reports in English. We will also check out all the Italian reporting.
Hard to see any game changers in today’s strong but undramatic testimony. The Carabinieri RIS DNA experts could not be shaken. All momentum remains with the prosecution and with the Supreme Court’s “givens” on the evidence, such as the presence of three attackers in Meredith’s room.
The defenses seem to be giving up. They could have phoned it in. Sollecito lawyer Bongiorno didnt make any new fuss. And Amanda Knox lawyer Dalla Vedova was cut off by the lead judge several times, for trickily going off the point. He really is out of his depth in a criminal trial; at the same time often condescending.
And a seeming big slap in the face for the American defense stooge Greg Hampikian who seems to have illegally colluded with the disgraced Hellmann consultants Conti and Vecchiotti (who were not even mentioned today) when Judge Nencini asked Dr Barni “Would you be able to provide reliable standards without using suggestions from Americans?” Dr Barni responded “Of course”.
And Sollecito “wasted” his statement by whining about his life, showing no compassion for Meredith (despite his claimed visit to her grave), and not answering any of the dozens of open questions. Sollecito really needed to show he is both strong and compassionate and NOT a weakling under the thumb of Amanda - but he seems to have done quite the opposite. The family lawyer must not be too pleased.
The opening of Frank Sforza’s trial in the same courthouse is postponed, apparently because new information on his campaign to poison opinion against the judiciary and his unsavory connections has been coming in.
Information will be exchanged that is gathered at this trial on mafiosos Luciano Aviello and at Aviello’s own trial for obstruction of justice which is now proceeding in the same Florence courthouse in parallel.
The findings and possible charges on the defamatory and dishonest books by Knox and Sollecito are due about now from the Florence and Bergamo prosecutors. Information gathered in those investigations could also be fed in to this process, or put aside for separate trials.
As both the AK and RS books are bulging with the standard PR talking points (some of which flowed from Frank Sforza and Doug Preston) in a sense it will be Curt Knox, the Mellases, Marriott, Sforza, Fischer and Moore who will be put under the microscope.
A more detailed report on the DNA phase today from the Andrea Vogt website.
The RIS Wednesday deposited their forensic report on trace 36i, a spot of DNA identified (but not earlier tested) on the kitchen knife alleged to be the murder weapon. “Cento Percento” (100 percent) said Major Berti, discussing compatibility. The RIS found that the DNA was compatible with Amanda Knox, and excluded that it was that of Sollecito, Guede or Kercher.
The RIS expert was asked only a few questions from attorneys and the judge. The judge asked why the RIS had done two amplications of the DNA and not 3 or 4. Major Berti described that two is considered the minimum number of amplifications necessary, according to today’s forensic standards, doing less (or more) might have diminished the reliability of the results. The judge also asked about the age of the equipment used. Berti responded that the forensic kit used this time has been commercialized since 2010 and available for use since 2011.
At one point the judge stopped a line of questioning by Knox’s Rome attorney Carlo Dalla Vedova, who was asking why the RIS described Knox’s DNA as “fluids” when a prior expert had said the trace did not come from blood. Nencini said: That question was not put to the RIS by this court, it was not their job to determine that. The other experts’ reports are in the case files for everyone to read, he noted, adding: “We cannot put words in the mouth of this expert that were said by another expert.”
Tweets from our main poster Yummi (Machiavelli)
32. Judge Nencini’s comments were always addressed at Dalla Vedova’s arguments, who was in fact a bit silly
31. The Judge declared the evidence phase closed. Next court dates are 25 November for prosecution argument and 26 for the defences with 16 and 17 December.
30. Judge Nencini asked Dr Barni “would you be able to provide reliable standards without using suggestions from Americans?” Dr Barni: “of course”
29. Dalla Vedova said Tagliabracci was the only Italian source in the RIS report, all others are foreigners, emphasized the American labs…
28. Sollecito said his family absolutely never had issues with justice. And he is a proud ‘member’ of that family
27. He also played the ‘national’ card, as he remphasized ‘I am Italian’ twice and then addressed the court ‘I am an Italian, as you are’
26. Sollecito mentioned the defens’s arguments (he has an orthopedical issue with his foot etc.).
25. The questions of all parties to the experts were intended to elicit information to be used in arguing the unrelated previous finding
24. He mentioned Meredith’s name only once, to say he barely knew her.
23. Sollecito talked with a faint voice, a long speech in which he described himself as a victim.
22. The Carabinieri say that there are only a few governmental laboratories which have the 17025 certificate (the Carabinieri and the Police)
21. Nencini stops Dalla Vedova, points out that scientific community is international
20. Dalla Vedova tries to elicit that the good standards are not the Italian ones.
19. The RIS obtained the ISO9001 certificate in 2008, and a more specific certificate in 2012.
18. Bongiorno asks RIS to explain why two amplifications are recommended.
17. Prosecutor Crini asks if there are criteria to distinguish which labs or which experts are more competent.
16. Speaking about their software which allows to weight probabilities of attribution.
15. They note that three alleles which are ‘alien’ were drop off in one duplicate.
14. The biologic method has a ‘consensus’ interpretation and a ‘composite’ interpretation, two ways to interpret the double result.
13. They describe the methods employed, the ‘biologic’ method and the ‘statistic’ method.
12. Absence of any male trace stands out as a feature of the sample (all contributors are females)
11. They extracted two profiles in a duplicate in agreement with experts of all parties
10. Dr Berti says the sample was a low template. They have a strategy to obtain reliable results.
9. Points out that documentation says sample 36i comes from insertion of blade in the handle.
8. Dr. Berti summarizes the recovery of sample in Vecchiotti’s lab.
7. Bongiorno says Sollecito intends to release a spontaneous declaration. He will do that after the experts testimony.
6. Berti and Barni enter the court.
5. Many law students from the Florence school for Magistrates are in court to follow the hearing.
4. Sollecito had managed to enter the courtroom from side entrance eluding photographers. Carlo Torre arrives in court.
3. Giulia Bongiorno & Raff kiss each other. Giulia, Raff & Father have a worried discussion
2. I wonder… will the court withdraw his passport?
1. Raffaele Sollecito is in courtroom. Walking in empty room, few people waiting. Hearing will start 1/2h probably
Tweets from Patricia Thomas (AP) and Sabina Castelfranco (AP)
Patricia Thomas @MozzarellaMamma: RaffaeleSollecito - Amanda Knox and I were very carefree and isolated in our love nest.
Sabina Castelfranco @SCastelfranco: Sollecito says he is not the assassin he has been described as. Says Amanda was his first love
Patricia Thomas @MozzarellaMamma: RaffaeleSollecito - I have been described as an assassin. Amanda Knox was my first real love in life
Patricia Thomas @MozzarellaMamma: RaffaeleSollecito takes stand to make statement, starts complaining about media descriptions of himself
Tweets from Barbie Nadeau
35. Nov 25 - prosecution; 26 - civil; Dec 16 - Sollectio; 17 - Knox; Jan 9 - rebuttals, 10 deliberation and verdict
34. Dec. 16, 17 closing arguments for Knox and Sollecito
33. Judge closes hearing for day, says closing arguments begin Nov 25, 26, must find December dates to conclude
32. Sollecito finishes by thanking judges for their time, judge tells him he can intervene any time during rest of appeal until they deliberate
31. Sollecito says he hates the fame, how it has hurt him, how it isn’t fair
20. Sollecito says he has a difficult time looking for work, people associate him with the murder of meredith kercher
29. Sollecito says that even on his vacation in Dominican Republic, he had to defend himself like a public figure, his life is judged by all
28. Sollecito repeats twice that he never met Rudy Guede, how nothing in original trial was based on reality.
27. Sollecito takes trip down memory lane, highlights worst parts of trial and incarceration for him, has not mentioned meredith kercher yet
26. RaffaeleSollecito - I feel a persecution. It is a nightmare, beyond all imagination.
25. RaffaeleSollecito—close to tears as he testifies to court “I am fighting every day to bring out the truth”
24. Jury totally transfixed by sollecito declaration, can’t take their eyes off him
23. Sollecito thanks and defends his family, calls amand knox his first love
22. Judge asks for Sollecito declaration now
21. Judge asks about relevance of kit they used, how old technology was, etc.
20. Judge asks what minimum testing is for validation of DNA, RIS says “at least two”
19. Judge tells Dallavedova he cannot put words in mouth of new expert that were said by previous experts, this is fresh analysis
18. Judge clarifies that RIS was not asked to reanalyze work that has been done, but to test a sample that has not been tested.
17. Dallavedova essentially kicks goal into own net, not doing amanda knox any favors by making RIS defend methods used in original conviction
16. Dallavedova manages to get RIS expert to defend Italian methods, says they are in line with global standards, this was crux of 1st appeal
15. DallaVedova asks about international protocol, backfires slightly b/c RIS expert says he doesn’t want to dis italian methods, are valid too
14. Bongiorno hammers point that international standards in DNA must be followed ([claims]they were not for meredithkercher sample on tip of knife)
13. Jury in new appeal trial for amanda knox; sollecito look totally lost, lots of daydreaming during DNA testimony, nail biting, looking around
12. Bongiorno asks RIS expert specifics of amplification of sample with an eye to trace with meredith kercher DNA that was amplified many times
11. Prosecutor asking for clarification on how samples are tested, how RIS experts are qualified, etc.
10. RIS: DNA testing as important to exclude suspects as to confirm them, in this case no question that amandaknox DNA is on knife, others’ not
9. RIS: testifying about international standards necessary to validate DNA, how they used in their examination of this particular spot on knife
8. Sollecito listening attentively and jotting notes as RIS expert testifies about the knife
7. RIS: the spot they tested on the knife (near handle) matched definitively the DNA of amandaknox in double tests
6. RIS: the spot they tested on the knife did not match meredith kercher or rudy guede or sollecito after double testing
5. RIS: Experts tested spot “H” [?] on the knife (the spot near the handle) for both the victim meredith kercher and suspect
4. RIS: DNA analysis showed no x chromosome, i.e.: no male chromosome in sample they tested on knife
3. RIS: essential in DNA testing to double test samples to validate results
2. RIS expert: explains technical details of testing DNA, how much is needed, how it is tested
1. Judge says he wants to hear from RIS experts first and then sollecito can give his declaration
Well, that first shot from the court at the top sure is a surprise, and maybe bad news for Amanda Knox. Where are Sollecito’s other lawyers, Bongiorno and Maori? Presumably they are off to the side talking. .
Iin tweets Andrea Vogt has mentioned that she is reporting for the BBC and the Associated Press TV; reporters cannot have bigger clients or more global reach than with those two. This is from Andrea Vogt’s website.
Court is now in session. Day will begin with RIS forensic debates. Raffaele Sollecito will make a statement later in the day.
Sollecito arrived in the Florence court of appeals looking relaxed and ready to make his case before the court later in the day. His father, Francesco Sollecito, also appeared visibly happy to have his son back in arms reach, after an extended stay in the Caribbean. A large number of his friends were in the audience.
Forensic experts for the defense Walter Patumi, Carlo Torre and Sarah Gino were also in attendance in preparation for debate on the new DNA evidence tested by the RIS in Rome, specifically, trace 36i on the kitchen knife alleged to be the murder weapon. RIS say the DNA profile is that of Amanda Knox. Arguments today will mostly about how it might have gotten there, with prosecutors attempting to place it in the context of the murder and defense attorneys arguing it could have been transferred during normal domestic use of the utensil.
Next hearings are Nov. 25-26, with a verdict expected in mid-December.
Archived in Public evidence, DNA and luminol, The two knives, Appeals 2009-2015, Florence appeal, Diversion efforts by, Francesco Sforza, DNA contam hoax, The Aviello hoax, Raff Sollecito
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Thursday, October 03, 2013
Tomorrow Could See The Beginning Of The End Of The Rampaging “Public Relations” Campaign
Posted by Peter Quennell
Instead the court under a Supreme Court requirement will get into the myriad dirty tricks of the defenses, why such campaigns had to be run if the accused perps had no blame, how the mafia is infiltrating its way in, and maybe some hard evidence of real crimes.
The three shown above are of course defense lawyer Giulia Bongiorno, Judge Hellmann, and Francesco, Sollecito’s dad.
Bongiorno may have offered bribes for false testimony, tame judge Hellmann may have attempted to cover up evidence of crimes (those bribes), and Papa Doc may have been over-eager to get his son out of prison by any means fair or foul.
Except for Luciano Aviello’s photo, which has never yet appeared on the web, as he had that protection as a jailhouse snitch, we have had a pretty comprehensive series of posts about him starting back in June 2010. These seven are perhaps the most key.
- His initial claims about alternate murderers; and his life history.
- Prosecution disbelieves him, and searches his prison cell.
- Prosecution know a lot about Aviello, and are loaded for bear.
- How Aviello is expected to appear (or not appear) in court.
- Why Aviello wanted money: his cellmates explain all.
- Reports of suspected witness tampering by the Sollecito family
- Start of Aviello’s trial in Florence for perjury and contempt of court.
Note that NOBODY knows exactly what the prosecution has up its sleeves. The FOA wannabees still don’t realize what a huge jump the prosecution has on them. It plays its cards very close to the chest.
Going back a very long time the prosecution appear to have set a number of traps. Back in 2010 it knew Hellmann’s presence at the appeal had been quietly organized by the defense. It knew that the Supreme Court understood that Guede could not have killed Meredith on his own.
And it knew that Aviello was a walking time-bomb and knew how to set him off. And all of the three above seem to have unwittingly walked into that trap.
Of course there is no way that the court closes the book on Aviello tomorrow, because his own trial in Florence under the same prosecutor’s office is still going on. There is immense pressure on Aviello to come clean and not end up inside yet again.
All three above could be called to give testimony at his trial. And he could pave the way to all three facing trials of their own.
Archived in Officially involved, The defenses, Appeals 2009-2015, Florence appeal, Diversion efforts by, The Knox-Mellases, The Sollecitos, The many hoaxes, The Aviello hoax
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Wednesday, October 02, 2013
Appeal Session #1: Detailed Report On Enquiries The Court Has Okayed
Posted by Peter Quennell
Translation From The Umbria24 website
Meredith, war of requests in the first hearing of the 2nd Appeal
The court has order a new test on the I trace and on the hearing of the witness Luciano Aviello. Rejected all other requests
By Francesca Marruco
After a little over 2 hours in its counsel chambers the Florence Court of Appeals has decided to ordered a new test on the (I) trace evidence of the knife seized in Raffaele Solecitto’s apartment, the weapon presumed to have been used in the murder.
The Court has also decided to hear the witness Luciano Aviello and rejected all the other requests of renewal of investigations presented by the defense. The Court returns on Friday with Aviello and the provision of the task of the new genetic analysis to the Carabinieri del Ris of Rome.
[The appeal] started this morning in the maxi courtroom no. 32 of the Florence Justice Courthouse, the new trial for the murder of Meredith Kercher, after the annulment of the acquittal by the Supreme court. Present in the courtroom was only Patrick Lumumba.
Absent, as expected, were the two accused Amanda Knox and Raffaele Sollecito.
- 9:00 Francesco Sollecito, father of Raffaele, says he is tranquil about the outcome of the new trial. Responding to the journalists, he specified “The statement of the Supreme Court is compromised by errors committed because the judges did not have full assess to all of the proceedings, as they themselves specified,”
- 9:45 The defense of Knox and Sollecito have asked for the exclusion of the Patrick Lumumba (civil) part because the conviction of Amanda for calunnia has already been passed into final sentence.
This request was opposed by the General Prosecutor Alessandro Crini, and the lawyer of Lumumba. For them the plaintiff’s civil right is legitimate, as the Supreme Court, has asked to re valuate the penalty, in order to obtain the impunity.
The Court retired in counsel chambers to decide and announced it wanted to decide today on the reopening of the investigation.
- 10:15 The court rejects the request of the defense of Knox and Sollecitto to exclude the civil part of Patrick Lumumba, because the Court specifies that, among other things, the offense was not assessed in the totality by the first court.
- 10.50 The President of Court of Appeals, Allessandro Nencini, is initiating the introductory report. Starting from the day of Meredith’s homicide. The judge traveled trough the most important passages of the three Courts. Speaking of the (I) trace, isolated by the consultants of the second Court on the knife (considered the weapon of the crime by the first Court) President Nencini said:” It necessary to underline that the independent consultants had found another trace but it was not analyzed”.
- 11:15 The President of the Court Nencini, at the end of the introductory report, said: “ This is a trial for matters of undeniable seriousness, beyond the spectacularization, there is the willingness of the Court to give all of the possible space for debate to all of the parties, because in origin there was a important verdict and the actions for which we proceed are of undeniable seriousness”
- 11.25 Raffaele Sollecito defense lawyer Giulia Buongiorno was the first to take the floor.
“Sollecito’s defense does not ignore the motivations of the Cassazione, and we are in favor of any kind of verification that the Court will order, with the following caveats. This proceeding has always been based on two types of evidences, the testimonial and technical. We request that during this proceeding, we hope to be the last one, that the Court during the next hearings will concentrate only on the truly reliable evidences, putting aside the ones that are not nullified by the fact that it is a media proceeding.
Many witness have said things because they have read them or heard to them. So the proceeding was reopened,but not to collect this type of guesswork. We do not want to inflate this proceeding with new conjectures. We request to examine in depth the crime seen, as pointed out by the Cassazione. In the crime scene room there are copious traces of two of the four presumably present persons, Rudy Guede that admitted to have been there, and none of the two indicted, except on the hook of the victim’s bra.
When the Prosecutor asserts that there are no traces because Amanda and Raffaele cleaned them, we think that it is impossible. For this reason we request to have a evaluation done in order to verify if it is possible to clean selectively”. “The Cassazione mistake has been that it didn’t noticed the entry in the crime scene room before the bra hook was found , so we request the acquisition of two reports.
We want to understand if in a sealed place it is possible to get evidence even after the admission by the police of other searches . We do not request to get the hook and to say that it is contaminated, I want to know if in that environment it was possible to collect some genuine evidences, because on the crime scene there were not ten traces of Raffaele but only that one”.
A subordinate request by Giulia Buongiorno requests that experts , new ones or the ones of the second trial, will read the electropherograms. Buongiorno requests even the analysis of both of Meredith Kercher cell phones that she consider the “black box” of the crime and that “ was never analyzed deep enough except from the Corte d’Assise di Perugia” The defense requests also the analysis of the presumed sperm trace on Meredith’s pillowcase.
- 12.15 Amanda Knox defense lawyer Carlo Della Vedova takes the floor and lifts up right away an exception to the Constitution. “Are we today able to judge on matters that happened six years ago? Can a person be under proceeding for life? Are we sure that Amanda Knox is an accused as all the others. It is right for an indefinite postponement of this proceeding? For all of this I insist that the Court evaluate the constitutionality”
- 13.00 Kercher family’s lawyer produced a letter written by the family members of Meredith that read ”We are confident that the evidences will be reexamined and all the requests of more evidences will be granted, in a way that all the unanswered questions well be clarified and that the Court can decide on future way of action in this tragic case. The past six years have been the most difficult of our lifes and we want find an end and remember Meredith as the girl that she really was rather than remember the horror associated with her”.
-14.00 The General Prosecutor Alessandro Crini says he is against the request of the defense to hear anew from some witnesses, including Rudy Hermann Guede. The same judgment Crini used for the major part of the requests of the opening introductory presented by the defense. In conclusion, he asked for the the addition of the evaluation of the “I” trace, isolated by the independent experts, but never analyzed because it was believed to be a Low Copy Number. Furthermore the prosecutor asks that the witness Aviello be reheard.
-15:00 The lawyers of the civil part that represent the Kercher family adheres to the request of the General Prosecutor Crini, opposing the requests of the defense. “ I – said the lawyer Francesco Maresca believe that one attempts to dress, with a new dress, evidence that are strong, resistant, and robust from the sentence of the first court and that where minimized by the second court. For example, the witness Capezzali.
Also there are newly dressed certain requests that are obsolete, that have already been done. Like the one of selective cleaning. In the bathroom next to the room of the crime, there were many mixed traces of DNA of Amanda and blood of Meredith. And if the genetic profile of Sollecito, besides the bra hook, is present only mixed with that of, Amanda on a cigarette butt, that was found; then how did it migrate, only that one, from the cigarette butt to the bra hook”?
- 15:10 The defense of Raffaele Sollecito adheres to the request to analyze the “I” trace, but opposes that hearing the witness Luciano Aviello. Buongiorno also pointed out that it is not true that the independent experts of the second court decided automatically to not analyze certain traces, but did so in the presence of the defense experts Stefanoni and Novelli and those of the defense. Carlo Dalla Vedova, for Knox defense said that Avelio will be heard only to demonstrate that the Police uses two different weights. Like when Avelio said he knew where the crime weapon was.
- 15.30 The Court retires in council chamber and announced that will not come out before 17.30
Thereafter the court convened again and the decisions were as outlined in the post below this one. Almost all of what the defense had argued - each of them a stretch if you know the full circumstances - was denied.
And the two main requests from the prosecution - that Aviello be put back on the stand and the large knife be retested - were accepted. Ourcomes of these may or may not add to the strength of the prosecution’s case, but seem to offer no prospects of joy for the defenses.
Archived in Officially involved, The prosecutors, The defenses, The judiciary, Public evidence, DNA and luminol, The two knives, Appeals 2009-2015, Florence appeal, The many hoaxes, The Aviello hoax
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Friday, September 13, 2013
Lead Judge Is Now Confirmed And Court Dates Announced For The Florence Appeal
Posted by Peter Quennell
These are the dates the Florence appeal court will meet. Corriere and other Italian media sites are confirming these as the dates.
It is confirmed that Judge Alessandro Nencini will preside over the appeal in the Palace of Justice’s Courtroom 32. He is a very senior judge. As the ANSA News Service mentions, Judge Nencini is the President of the Second Chamber of Appeal of the Florence Court.
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.
Already appointed as the lead prosecutor is Dr Alessandro Crini. He was among the Florence prosecutors who handled the investigation into the murders by the Monster of Florence and also the mafia massacres of 1993. In the Monster of Florence case he was a deputy to the leading prosecutor Dr Paolo Canessa, the main prosecutor of the last and final MoF trials.
There are at least seven pieces of bad news for the hotheaded among the Knox-Sollecito faction coming down the pike, some already mentioned in this recent post here..
- 1) Prosecutors Paolo Canessa and Alessandro Crimi carried out their MoF investigations in cooperation with Prosecutor Giuliano Mignini of Perugia. We believe it was they who first involved Dr Mignini in the MoF case by explaining the possible MoF connection with the Narducci murder Dr Mignini was investigating. Dr Mignini has no role in this appeal, but they had obvious confidence in him..
2) Giulia Bongiorno may be leaving the Sollecito team. Sollecito himself has done an immense amount to embarrass her with his defamatory book and narcissistic TV claims. The new lawyer Dr Mastro is said to be a relative of the Sollecito family and has been harshly critical of the Bongiorno defense line of joining Sollecito to Knox at the hip. He would presumably separate Sollecito from Knox, and may throw Knox to the wolves if it helps.
3) The trial of Luciano Aviello will be running in Florence during the same time as the appeal. Each could explosively impact the other. We explained the extraordinary implications of this trial for the Knox and Sollecito entourages in this past post also linked to just above.
4) The trial of Frank Sforza for criminal defamation will start in Florence on 6 November. A prosecutor will bring this case, it is not a simple calunnia case brought by those Sforza abused. We have a new post pending which will explain the many nasty implications for the FOA. Its testimony could also spill over into the Knox-Sollecito appeal.
5) The appeal outcome is expected to be arrived at by the latest in December. Knox and Sollecito wont have to wait long to hear the probable outcome: guilty as charged. Whether either will appear in the court seems doubtful, but a no-show will do them no good. A coward’s move.
6) The chief prosecutor in Florence is expected to announce any time now what charges will be brought against Raffaelle Sollecito and his publishers for the many false accusation of crimes and malicious mis-statements of evidence he foolishly included in his book. At least one could incur a substantial prison sentence: Sollecito’s false accusation that the prosecution sought a deal whereby he would turn on Amanda Knox in exchange for lesser charges.
7) The chief prosecutor in Bergamo north of Milan is expected to announce any time now what charges will be brought against Amanda Knox and her publishers and Oggi for the many false accusation of crimes and malicious mis-statements of evidence she foolishly included in her book. At least one all by itself could incur a prison sentence: Knox’s false accusation that the prosecution forced her in an illegal interrogation into framing Patrick Lumumba.
Those who appear to us realistic about the minefield they face include the defense lawyers (who are rumored to be very despondent) and those who have detached themselves from the pro-Knox forces and quite possibly Curt Knox himself who of late has been quiet for sure.
Those who still maintain a crazed and abusive hard line appear to be only Bruce Fischer and the Mellas family including Chris, Edda, and close relatives. Fischer seems to us unlikely to grow a brain before he is dragged to court, but it is possible that the Mellas family might. They have taken down all traces of one of the many defaming websites Chris Mellas is known to have put up, the final Perugia Shock.
Archived in Officially involved, The prosecutors, The judiciary, Public evidence, Appeals 2009-2015, Florence appeal, Diversion efforts by, The Sollecitos, The Aviello hoax
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Saturday, August 24, 2013
Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems
Posted by Peter Quennell
Meeting in Seattle, Amanda Knox’S lawyer urges her to be at the Florence appeal, but his suggestion falls on deaf ears.
Here is a brief report from Italy. Clearly her lead defense lawyer Ghirga (who normally handles only small-time crime) thinks the presence of Knox and her entourage coould humanize her and allow her to speak out and to guide him.
But Knox has really been burning her bridges to Italy big-time. Let us list some of the ways in which they are now foolishly dug in so deep.
Since the end of trial in 2009 Amanda Knox’s entourage and she herself appear to have broken law after law after law, issuing new smears, harassing the victim’s family, having her book taken to court in Bergamo.
In Florence, how does she talk about that?
Evidence Could Strengthen
The evidence in the case as presented at trial in 2009 remains rock solid to this day (the Massei outcome is the state of play) and if the large knife is retested, it could actually get way worse. Hundreds of open questions remain which Knox has strenuously avoided answering, either on the stand or in her book or on TV.
In Florence, how does she talk about that?
Calunnias Of Justice Officials
Every instance where Amanda Knox and any of her entourage alleged without hard proof that Italian police and prosecutors have committed crimes (and there have been literally hundreds of such accusations by Preston, Fischer, on and on, now all captured and preserved) could see any or all of them hauled into court with zero heads-up (ask Sforza).
In Florence, how does she talk about that?
Framing Of Dr Mignini
In 2011 Knox was sentenced to three years (served) for the crime of framing Patrick Lumumba. So what does this slow learner do? Turn right around and commit the SAME crime in her nasty book, only this time she makes it worse. This time, she frames the chief prosecutor, in describing in detail a highly illegal interrogation that never took place.
In Florence, how does she talk about that?
Threat Of Conspiracists
There are perhaps 40 felony allegations against police and prosecution in Sollecito’s blood-money book and maybe another 20 in Knox’s own. Each of them will be put on trial separately for those claims and either one of them or both in desperation could take down all the writers, all the agents, all the publishers, all the wild-eyed conspiracists who helped write the books, and all those who made the illegal multi-million dollar deals, including their own two dads.
In Florence, how does she talk about that?
Threat Of Frank Sforza On Trial
The contempt of court trial of Frank Sforza is about to start. He is desperate to stay out of jail, and all of his alleged felonies since 2008 in contempt of the court could put him there for up to ten years. Consider the list of precisely who in Italy and the US Frank Sforza might take down, to try to give himself something of a break. This list is nothing if not long (see next post).
In Florence, how does she talk about that?
Threat Of Hellmann And Aviello
Witness Luciano Aviello is now on trial and as this post explained Aviello could take down all of the defense lawyers (for illegal dealing over the “right” judge), all of the Sollecitos, if they offered bribes, and both of the judges, Hellmann and Zanetti, who presided over the annulled appeal.
In Florence, how does she talk about that?
Nobody with any sense flouts the Supreme Court, or the extremely important, powerful court in Florence, which has sent down some of the toughest perps in the land.
Both courts and both prosecution teams are well-know in Italy for being cold and relentless in their search for the truth. None of the four lead lawyers for Sollecito and Knox has ever won even one case either in Florence or before the Supreme Court.
This might well be a trial balloon, to see how the Florence prosecutors and courts react. An arrest warrant, maybe? As we have seen lately, they act fast, and suddenly at any time.
Archived in The former defendants, Amanda Knox, Officially involved, The defenses, Public evidence, Knox's alibis, Other legal processes, Knox calunnia, Diversion efforts by, The Knox-Mellases, Knox's book, The many hoaxes, Knox interrog. hoax, The Guede hoax, The Aviello hoax
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Thursday, August 15, 2013
Expected Calunnia And Diffamazione Trials Could Reverse Another Attempt To Take Justice Down A Peg
Posted by The TJMK Main Posters
Stance of the Supreme Court
Criminal enterprise?! Don’t take our word for it. That is what the Italian Supreme Court considers it may be, and is prompting strong measures normally held in reserve for mafia-type assaults on the justice system.
The Italian Supreme Court is nothing if not remorseless in its mandated pursuit of justice and the truth. We saw this the other day when a prison sentence was allowed to stand against the former Prime Minister Silvio Berlusconi who had long thumbed his nose at the courts.
We also saw it in the convictions allowed to stand against the many CIA operatives and their Italian counterparts who kidnapped Abu Omar and flew him for torture to Egypt. Though most of their sentences were permitted to be reduced, most are still left with a felony record for life - and the lead CIA operative is now a world-wide fugitive.
We can now see this same strong reaction against contempt of the courts in the Meredith Kercher case and the Monster of Florence case and the hairbrained “defense” campaigns nominally run for the perps in those two parallel cases.
Italian officials have various reasons to believe not only that Raffaele Sollecito and Amanda Knox are surely guilty, just as Judge Massei described, but also that they and their American supporters are foolish pawns in some much bigger and even nastier games, and deeply in over their heads.
In its annullment of the Hellmann/Zanetti appeal and its instructions to the Florence Palace of Justice, Cassation reveals its own suspicion that some very unsavory elements may be attempting to take the Italian justice system down a peg and it wants fast decisive action to stop this. A high-stakes new trial described at bottom here is a first huge warning shot.
The “usual suspects” with anti-justice interests
As we explained three months ago in this post the “usual suspects” pretty openly working to take Italian prosecutors and police down a peg or two can be bunched into these seven groups.
- The three regional mafias;
- A few defense lawyers and well-funded defendants;
- Politicians shielding corruption;
- In some instances the freemasons.
- Those wanting investigations like MOF/Narducci to drop dead;
- Muckraking magazines like Oggi;
- Some anti-Italy foreigners.
If we look closely - a lot closer than all the UK and US media and most of the Italian media - we can spot attempts to further the interests of all seven of these groups in the campaigns against justice for Meredith and especially against justice for the Monster of Florence victims.
- The three mafias have their toe in the door in various ways including but not only the mafioso witness Luciano Aviello (on which more below), and the Narducci 22 including Spezi, and the editors of newspapers like Oggi who have long done their handiwork for them.
- The defense forces and the well-funded, sneering, money-grubbing defendants Knox and Sollecito are very well-known to us here; their myriad dirty tricks go as far back as early 2008 and the list has not yet stopped growing.
- The Berlusconi loyalist and fervid Knoxaholic Rocco Girlanda wrote to the President, asking that he order that the Perugia prosecutors be investigated; Girlanda also tried to cut the national police budget before he was voted out of office..
- Both the judges in the annuled appeal were freemasons and our main poster Yummi described the furtive freemason fingers in the pie (some freemasons feud strongly with catholics, which Perugia police and prosecutors are) in his well-researched posts here and here.
- Those who wanted the MOF/Narducci investigations to drop dead used the ever-willing “useful idiot” Doug Preston to ridicule the investigations in a strident book and numerous media appearances; also they tried hard to take down Dr Mignini, their most recent nemesis though the Supreme Court has totally reversed that for reasons explained here.
- The notorious editor of Oggi has a long history of sneering and essentially fact-free reporting, aimed at undermining the courts and the police; playing to his advantage, there is a smallish but terminally paranoid readership for such conspiracy myths in Italy.
- And as for anti-Italy foreigners with their fingers in the pie, well, where to begin? Doug Preston? Nina Burleigh? Candace Dempsey? Greg Hampikian? Paul Ciolino? Judy Bachrach? Bruce Fischer? David Anderson? Joel Simon? Donald Trump?
All seven groups were happily on a roll up to around the end of 2011, when Knox and Sollecito were released, and many (including Curt Knox’s PR guru David Marriott, Hampikian, and Fischer) prematurely declared that they had won total victory.
But it is astounding how much matters have reversed in the past year and a half. Take a look at the state of play for them as it is now.
Their reversals in Meredith’s case:
Knox has served three years, will be labeled a felon for life, faces an enormously tough new appeal against an excellent prosecutor, and has her name on a book which commits against Italian officials THE EXACT SAME CRIME she served three years for: false accusations of crimes. She is expected to be charged soon by Bergamo prosectors.
Sollecito in his own book committed some of the same crimes as Knox did in hers (did we mention criminal enterprise?!) plus another one (accusing the prosecution of wanting him to roll over on Amanda) which his own father has renounced on national TV. He is expected to be charged soon by Florence prosecutors.
Everybody involved in the writing and publishing of the two criminally defamatory and very self-serving blood-money books (illegal in Italy) could soon be about to take a fall, both in the Italian criminal courts and in the US civil courts. The foolish publishers and deal-makers included, of which Curt Knox himself is one.
If neither RS nor AK turn up for the new appeal in Florence later in September, they risk warrants being issued for their re-arrest. If they DO turn up they could well turn on one another, and their books will help the prosecution and hamper the defenses no-end - with those mad claims, how can they possibly take the witness stand?
Criminal defamation charges are still pending against Amanda Knox and against both of her two biological parents. Corruption charges are pending against Francesco Sollecito and Raffaele’s sister Vanessa for attempting to use political means to up-end the Perugia prosecutors.
Judge Hellmann has been eased out ignominiously, and Judge Zanetti demoted. Conceivably both may face charges, along with Conti & Vecchiotti and maybe Hampikian. And all the defense lawyers are in a ton of trouble for helping AK and RS to write their books, Giulia Bongiorno especially. The former MP Rocco Girlanda is of course long gone.
Many of the Knox defense forces have exited or ended up as being of no consequence: Frank Sforza (on the run from the law in the US and Italy); Halkidis and Hampikian (see Machine’‘s posts below), the hapless two Moores, the proven phoney Bruce Fischer, and so on and on.
And US officialdom, not least the State Department and the US Embassy in Rome, still show not the slightest interest in intervening. Any judge is expected to approve extradition of Knox if her refusal to face trial and prison is sustained in face of a final guilty verdict.
Their reversals in the Monster of Florence case.
Yummi mentioned some in the post linked to above, including the trouble rained down on the heads of the prosecutor and judge who put on trial Giuttari and Mignin, whose convictions were scathingly reversed by a very angry Supreme Court.
The Narducci case was put back on track by the Supreme Court and a prison sentence seems a sure thing for Mario Spezi and up to 2 dozen others. A prison sentence might be incurred by the delusional weakling and serial defamer Doug Preston.
The “theory” of the MOF case Dr Mignini has good reason to hold is that the murders were not those of one single serial killer. This perception of a shadowy self-protecting group is absolutely mainstream in Italy, and is reflected in the excellent Guittari book on the case (Il Mostro) which could soon with good reason (it tells the truth) push the silly Preston MOF book off the US and UK bookshelves.
That theory is espoused by all the current prosecutors in Florence.
The one media outlet which never fails to take an anti-prosecution stance, Oggi, Is being investigated and could be put on trial for publishing Knox’s false charges against the Perugia and national police and prosecutors and may have problems hanging in there.
Dr Mignini looks set to be promoted to becoming the next attorney general of Umbria, the region of which Perugia is the capital. And the hold of the freemasons and the mafias over Italian justice is not getting any stronger, just as most Italians prefer.
And the stick of dynamite now in a Florence court
Former Sollecito witness Luciano Aviello could be the direct cause of a lot of people ending up in jail.
His trial for perjury and contempt of court is happening now in Florence. His trial has been fast-forwarded as a direct result of the Supreme Court declaring that getting to the bottom of his erratic day in court in 2011 with too-familiar mafia-type allegations must be a top priority. His forthcoming defense is expected to be explosive.
We have posted extensively on Aviello since he first surfaced. A mafioso since his teens in Naples, now aged about 40, he has spent most of his adult years in prison. (He is back there again right now - for killing a dog and extortion.)
As police and prosecutors all know, Aviello has a very long record of making things up to try to give himself some breaks and to keep in with the mafia. He has been repeatedly convicted for perjury.
He was the witness summoned by a hapless Giulia Bongiorno to try to arrive at an explanation that fits with the prevailing conclusion of the Supreme Court that THREE people had attacked Meredith on the night.
What Aviello came up with on the stand was that his own missing brother and one other habitual criminal had unintentionally committed the murder. They were trying to steal some artworks, but they got the address of the house wrong.
Raffaele Sollecito was so thrilled at this (palpably false) testimony by Aviello that he says in his book that he sent Aviello an embroidered handkerchief, perhaps because Aviello has urges toward a sex change operation.
On the witness stand in mid 2011 Aviello really roasted the police and prosecution in mafia-type terms for failing to come down on his side and follow up on his allegations (actually they had already followed up, but found nothing).
Then two fellow inmates at his prison near Genoa testified for the prosecution that he had told them that the Sollecitos had offered or paid large bribes for any false testimony helpful to their boy getting sprung.
Extraordinarily, Judge Hellmann brushed all of this under the rug, and hurried on to other matters less embarrassing to the Sollecitos and Bongiorno. This REALLY caught Cassation’s attention as there have been strong suspicions in Perugia and Rome that Hellmann and/or Zanetti were in the pocket of one of the families.
Why did the unqualified Judge Hellmann replace the excellent Judge Chiari, suddenly and inexplicably decided upon by Chief Judge Di Nunzio? Why are seemingly all of the lead players bending things to the Knox-Sollecito side freemasons?
Were Hellmann and Zanetti and Aviello and Aviello’s fellow inmates among those who received some sort of inducement to bend RS’s way? What was Giulia Bongiorno’s precise role in all this?
Directly, Aviello could be in a position to bring down both families, both defense teams, and both appeal judges. He could even make a guilty verdict for RS and AK a sure thing.
Criminal enterprise indeed. We will continue reporting. Oh and make sure to watch your back, Luciano.
Archived in The former defendants, Amanda Knox, Raff Sollecito, Officially involved, Other legal processes, Sollecito diffamazione, Knox calunnia, Others Italian, Diversion efforts by, The Knox-Mellases, The Sollecitos, Francesco Sforza, The many hoaxes, Spezi/Preston hoax, The Dr Mignini hoax, Knox interrog. hoax, The Guede hoax, The Aviello hoax
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Friday, April 19, 2013
Tips 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.
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 former defendants, Rudy Guede, Public evidence, The timelines, DNA and luminol, The two knives, Crime hypotheses, Trials 2008 & 2009, Massei prosecution, Appeals 2009-2015, Guede appeals, Diversion efforts by, The Knox-Mellases, Knox's book, The Sollecitos, Sollecito's book, Nina Burleigh, Michael Heavey, Steve Moore, Bruce Fischer, The "profilers", The many hoaxes, The Guede hoax, The Alessi hoax, The Aviello hoax
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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, Public evidence, Appeals 2009-2015, Cassation appeal 1, Diversion efforts by, The Knox-Mellases, The Sollecitos, The Alessi hoax, The Aviello hoax
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Monday, February 18, 2013
Raffaele Sollecito Now Under Formal Investigation For New Crimes Apparently Unprecedented
Posted by The TJMK Main Posters
Breaking news. The chief prosecutor has taken this investigation behind the scenes. See the explanation added in the box at the end.
This is Wikipedia’s definition of “contempt of court” under US and UK common law.
Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court’s authority.
Often referred to simply as “contempt,” such as a person “held in contempt,” it is the judge’s strongest power to impose sanctions for acts which disrupt the court’s normal process.
A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.
A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.
We may now find out much more about the equivalent under Italian law.
When Raffaele Sollecito and Amanda Knox were released at the end of 2011, the prosecution filed a Supreme Court appeal within the allotted period. This automatically meant that Sollecito and Knox still stood accused of crimes until the Supreme Court finally signs off.
Typically Italian defendants in such a legal status get good legal advice, on the lines of “Shut up and keep your heads down. We need to be the only ones doing the talking here.”
Here such advice may or may not have been forthcoming, but the public record strongly suggests it was not. In fact Sollecios entire legal team is credited by both himelf and his shadow writer Andrew Gumbel with helping. This is what Gumbel wrote in his Acknowledgments:
Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.
In the same Acknowledgments Sollecito credits the following.
I was lucky to have a crack legal team who showed their devotion to the truth and, in some cases, did not even request payment. The team of lawyers and consultants included Adriano Tagliabracci, Francesco Vinci, Bruno Pellero, Francesco Introna, Giulia Bongiorno, Maurizio Parisi, Daniela Rocchi, Luca Maori, Donatella Donati, Marco Brusco, Aldo Poggioni, Delfo Berretti, Tiziano Tedeschi, and Antonio D’Ambrosio.
Interestingly, Luca Maori has already left Sollecio’s legal team, and all eyes are now on Giulia Bongiorno. Buy plenty of popcorn. Lawsuits could fly between lawyers and family.
Since the end of 2011 Curt Knox’s forces seem to have have gone full steam ahead with their own vilifications of the Italian prosecutors, police, judges, and witnesses - in fact almost anyone who had any role in 2009 in finding them guilty, or came to believe that was a fair finding. Ourselves included.
In late 2012 Curt Knox apparently invited all the most fervent of these attackers to Seattle, including Frank Sforza and Bruce Fischer, as some sort of reward for their legally very ill-advised campaign. Buy plenty more popcorn. Lawsuits could fly here as well.
Raffele Sollecito’s forces in Italy had been a lot more restrained.
But at a stroke, the shrillness of Raffaele Sollecito leapfrogged that of Amanda Knox’s forces, with the publication of his book Honor Bound by Simon and Schuster in English in the UK and US last September,
INSTANTLY the book became notorious in Italy, because excerpts were read out by an Italian reporter in New York on the national television show Porta a Porta. Raffele Sollecito’s father Francesco was on that show, and he was increasingly forced to admit a key claim in the book was invented. It simply never happened. His son made it up.
The false claim by his son that Francesco was made to repudiate - it reappears over many pages - concerned a claimed deal engineered by his family and offered by the prosecution to Sollecito.
The deal he claimed was to roll over on Amanda Knox, and if Sollecito did so, he would be home free.
Following the Porta a Porta show, the book (obtainable on UK Amazon, where many false claims are repeated in the reviews) began to make its rounds in Italy. It took some time before many official parties accused of crimes by Sollecito obtained copies and started to explore their own legal possibilities. They are apparently still far from finished.
At the end of last week, the Chief Prosecutor for Tuscany Giuseppe Quattrocchi received the first official request from Perugia, which is to investigate 12 very serious claims in the book against the prosecution and the legal institutions of Italy. The complaint nominates a number of witnesses.
The Prosecution office of Florence now has a maximum of six months to investigate whether there is a case against Sollecito and other named parties. If so, they will steer it through the hoops of the Italian process.
The potential ripple effects of this appear to us to stretch on and on. They could come to engulf both legal teams (credited in the book with helping) and all of the PR for both defendants. Sollecito’s publisher and shadow writer are specifically named in the complaint
If Amanda Knox is not let off the hook by the Italian Supreme Court late in March (the outcome we consider most likely, given the great strength of the appeal) the smart way for Knox to go in light of this could be to junk all her websites, her book, and her interviews, and throw her supporters under the bus. Plus maybe get smarter lawyers - the aggressive and inexperienced Dalla Vedova does her no favors.
Keeping Amanda Knox’s head out of this deadly new line of fire may be very late - but maybe better late than never.
The Prosecutor General in Florence is actually under no compulsion to make any of the Perugia and Rome complaints public before his investigation is complete. He has ordered all documents removed from the public domain.
This is specifically to give the defenses no advantage and to make sure those others in Perugia who are going to complain do so with a clean sheet of paper. It may also be to keep the yammering FOA remnants silent for the first time in five years.
Archived in Posts to read first, Officially involved, Police and CSI, The prosecutors, Diversion efforts by, The Sollecitos, Sollecito's book, Francesco Sforza, The many hoaxes, No-evidence hoax, DNA contam hoax, The Dr Mignini hoax, Knox interrog. hoax, The Guede hoax, The Alessi hoax, The Aviello hoax, Nasty-prison hoax, Raff Sollecito
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Tuesday, December 11, 2012
Simon & Schuster Seem To Be Seriously Rattled Over Lack Of Due Diligence On Sollecito’s Book
Posted by Peter Quennell
What Simon & Schuster’s agent is complaining about was a chronological reordering (behind the scenes and not linked to from the front page) of these many corrections here. Our Kindle and hardcover copies were legally purchased. Simon & Schuster put about 1/4 of the book on the front of their own website, and Google Books also carries about 1/4 of the book to read free.
Admittedly, our corrections may have been quite a shock. However, we didnt cause the book sales to tank. All of our past posts on Raffaele Sollecito’s book can be seen here.
Mr Eraj Siddiqui
119 South B Street Suite A,
San Mateo, CA 94401
Dear Mr Siddiqui
Thank you for your “Verified DMCA Removal Request from Attributor” copied below.
The book you refer to appears to contain up to 30 instances of criminal defamation under Italian law and literally hundreds of wrong and injurious statements that are hurtful to many fine officials in Italy.
We have full legal rights to point out the myriad mistakes in the book. In fact a defamation of a prosecutor in the book has ALREADY been admitted on Italian national TV by the writer’s own father in Rome.
That Simon & Schuster apparently failed to do their legal and factual due diligence on the book prior to publishing seems to us to be absolutely nobody’s fault but their own. They are hardly new at this game.
Nice try, but sorry, no cigar.
I certify under penalty of perjury, that I am an agent authorized to act on behalf of the Rights Holder identified below, the owner of certain intellectual property rights in the Work(s) identified below.
I have a good faith belief that the information contained in this notice is accurate, and that the page or material listed below is not authorized by the Rights Owner, its agents, or the law for use by the individual(s) associated with the identified page listed below or their agents.
To the extent that the Digital Millennium Copyright Act, the European Union’s Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions apply to your service, if at all, I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE(S) OR MATERIAL(S) at the Infringing URL(s) identified below.
Note that in some cases the pages/material may have been removed after the sending of this notice but prior to your review.
My contact information is as follows:
Organization name: Attributor Corporation as agent for Simon & Schuster Inc.
119 South B Street
San Mateo, CA 94401
Nothing contained in this letter or in any attachments constitutes a waiver or relinquishment of any right or remedy possessed by the Rights Holder, or any affiliated party, all of which are expressly reserved.
My electronic signature follows:
*** INFRINGING PAGE OR MATERIAL ***
Infringing page/material that I demand be disabled or removed in consideration of the above:
Rights Holder: Simon & Schuster
Original Work: Honor Bound
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P0/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P5/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P10/
Archived in Officially involved, Diversion efforts by, The Sollecitos, Sollecito's book, The many hoaxes, No-evidence hoax, DNA contam hoax, The Dr Mignini hoax, Knox interrog. hoax, The Guede hoax, The Alessi hoax, The Aviello hoax, Raff Sollecito
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Friday, October 19, 2012
Exploding Nightmare For Lawyers Of The Defense: Torrent of “Mistakes” In Sollecito’s Hapless Book
Posted by Sara
More and more and more wrong facts and libels are being turned up in Sollecito’s pathetic book, both by us here and by an irritated officialdom in Rome and Perugia.
Amanda Knox is rumored to perhaps be mentally unstable and figuratively locked in the attic in Seattle. Now Sollecito seems to have been disappeared back in Italy for his own good as well.
Sollecito’s own lawyers (who have in the past threatened to walk) and his own family have already thrown him to the wolves on Italian TV over just one highly libelous claim and there are an estimated two dozen more still to surface.
Not really a good idea to write a shrill “I’m the real victim here” book unchaperoned, when you have the smug mentality of a 12-year-old. The facts strongly against you. A very bright prosecutor. And a ghost writer whose slobbering over a laughably fictional Sollecito suggests he has a something of a boy-crush.
Raffaele Sollecito has made many stupid claims in his book, but perhaps none is so obvious and more idiotic than his claims about the “lost” emails.
What is it with this guy and the emails? He seems to think (or perhaps, thinks that the readers are stupid enough to believe) that if a computer or a hard drive is destroyed, all the emails in it are lost as well. Come on already, surely they taught him the mechanisms of email in his computer classes.
Look at his statements regarding emails. In chapter 2 (Love and Death) of his book, he describes the morning after the murder -
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
Right, so he got up many times in the night to answer e-mails. You’d think that this would be his biggest alibi for the night of the murder, right? No, wrong. Raffaele could not prove his alibi because, in his own words -
I did not yet know that the Polizia Postale—supposedly experts in handling technology issues—had seized two of my computers along with Amanda’s and Meredith’s and somehow wrecked three of the four hard disks while trying to decipher them. The bottom line was that the damaged disks were now deemed unreadable. That left just my MacBook Pro to provide an alibi for the night of the murder.
But modern emails DON"T EVEN RESIDE on local hard drives unless one DELIBERATELY downloads them. And even if one does (and hardly anyone ever does) there rarely is reason to completely delete the original, and here there seems about zero reason to do that.
And even if the original IS deleted Facebook and email services have shown under legal pressure that they maintain complete backups going back many months. No way Sollecito’s supposed emails on the night could have been made to simply no longer exist.
Again, when he talks about Amanda and Meredith’s friendship, he says -
If either Meredith’s or Amanda’s computer had survived the police examination, there might have been photographs, emails, and other evidence to point to a more meaningful interaction
Here we go with the elusive emails again. Will someone explain the point of email to this guy? What difference would the local computers surviving or not surviving make to any emails residing on his host’s servers?
He actually has the nerve to criticize the Polizia Postale’s technical competence after making a statement to the effect that he and Amanda could not retrieve their emails as the hard disks were damaged.
Whether the hard disks were destroyed or not, whether it was the Polizia Postale’s fault or not is hardly important here. Admittedly, Amanda is not a “technical genius” (After all, she does not know how to delete messages from her sent items).
But what is stopping this resident technical genius from simply accessing his email box from some other computer or iphone, and printing out a copy from his sent items? Why doesn’t he ask even one of the happy recipients of his emails - by the way, who were they? - to forward it back to him?
Did all of them delete his mails from their in boxes and trash too? Even if we defy all logic and accept that they did, what’s stopping at least one of them from coming forward and testifying that they received a mail from him that night? Did all of them get selective amnesia at the same time too?
Similarly, if any emails that proved the “close friendship” between Amanda and Meredith existed wouldn’t they still be retrievable from Amanda’s mailbox? She could have printed a copy any time. Did she go around deleting all of Meredith’s mails the minute they arrived as well as her own replies to them, and clearing her trash box and all her host’s backups as well, just to be doubly sure they can’t be retrieved?.
Ok, let’s say the emails were deleted. What about the photographs? If there had been any photographs that would establish their “close” friendship, wouldn’t they be there on the camera or phone from which they were taken? Or wouldn’t either Meredith or Amanda have sent them to someone or posted them on their Facebook?
How did EVERYTHING vanish without a trace? If neither of them ever sent the photos to anyone or posted them online anywhere, or even kept them on file, you really have to wonder what was the point of taking them at all.
No one is claiming that Amanda and Meredith were at loggerheads all the time, they might even have gotten along initially. Meredith was not a person who judged people harshly. By all accounts, she did try her best to get along with Amanda, trying to include her in outings and defending her when she got into trouble.
It was Amanda who pulled away saying she wanted to socialize only with Italians. But the fact is that there were clashes and there were differences between them. Trying to make out that they were the best of friends by claiming the destruction of non-existent proofs is not only unbelievable but also utterly stupid.
Like our main poster Hopeful summarized it: this claimed computer genius has never in four years been able to prove he sent an email? Ridiculous.
Archived in Officially involved, The defenses, Diversion efforts by, The Sollecitos, Sollecito's book, The many hoaxes, No-evidence hoax, DNA contam hoax, The Dr Mignini hoax, Knox interrog. hoax, The Guede hoax, The Alessi hoax, The Aviello hoax, Raff Sollecito
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Thursday, September 27, 2012
Sollecito’s Book Honor Bound Hits Italy And Already Scathing Reactions And Legal Trouble
Posted by Peter Quennell
The Sollecito/Gumbel book is an “own goal”
In Italy the extremely inaccurate and hyper-aggressive book has already set themselves up for two kinds of trouble
The Gumbel and Sollecito book was released in English on 18 September 2012 and within ten days all of Italy knew that the book was a crock.
Sollecito’s own father and own lawyers Bongiorno and Maori have already been forced to admit the book contains serious lies.
Already the prosecution has announced that they are weighing whether there should be new charges lodged against Sollecito.
Analysis Of 3 Claims Of Criminal Conduct
We focus on three claims by Sollecito and Gumbel of criminal behavior which have already been widely repudiated by the Italian press.
1. A deal was sought by prosecution to frame Knox
Sollecito’s own father Francesco was made to concede by the host and all other guests on the popular Porta a Porta TV show last week that Sollecito lied in claiming that the prosecution had sought a deal under which Sollecito would frame Amanda.
Such a deal would be illegal so Sollecito was falsely accusing prosecutors of a very serious crime. Francesco Sollecito backed down even more in some interviews later. One of Sollecito’s own lawyers, Luca Maori, immediately denied in obvious frustration that the offer of any deal either way ever happened, and Giulia Bongiorno soon publicly agreed. .
2. A long brutal interrogation on 5-6 November 2007
Sollecito has suddenly claimed in the book, nearly five years after he said it happened, in face of vast evidence including his own writings to the contrary, that police interrogated him over 10 hours, and abused and threatened him.
But he was demonstrably not ever interrogated over 10 hours, and he folded fast when they showed him his phone records, which contradicted his earlier alibis, and so he promptly laid the blame on Amanda.
The English translations of the lengthy court transcripts of those many who were present at the central police station on the night all coincide, and damn the version cooked up by Sollecito and Gumbel..
3. Deliberately wrong reasoning in the Galati appeal
All this trouble flows from half a dozen pages of Sollecito’s book made public in Italy! Here now are several more pages not yet known about there (we will have many more) which our poster ZiaK has translated into Italian to help everybody to read. Sollecito ridicules both Dr Galati and his appeal. Let’s see:
- Dr Galati is recognised as one of the most brilliant lawyers in Italy, and he is a former Deputy Chief Prosecutor at the Supreme Court, specially assigned to Perugia because cases involving the central government are handled there when they are too hot to handle in Rome.
- Solllecito is of course a 28-year old student with a cocaine record and a long history of parental supervision who has never held a job in his life. He failed the entrance exam in virtual reality for the University of Verona but still has delusions of a career in computer games.
And surely Gumbel would never have got the job if Bongiorno and Maori had the opportunity to size up how wildly incompetent about the law and the case and and twisted in his mind about Italy he seems to be.
These ill-advised pages below show Sollecito’s and Gumbel’s profound ignorance of Italian jurisprudence, a total incomprehension of the wide scope of the appeal, and their contempt toward the advice from his lawyers.
Passages highlighted are wrong on the hard facts as shown in part 2 below.
1. What The Sollecito/Gumbel book claims
Judge Hellmann’s sentencing report was magnificent: 143 pages of close argument that knocked down every piece of evidence against us and sided with our experts on just about every technical issue. It lambasted both the prosecution and the lower court for relying on conjecture and subjective notions of probability instead of solid evidence. And it launched a particularly harsh attack on Mignini for casting aspersions on the very concept of proof beyond a reasonable doubt.
Mignini had dismissed it in one of his court presentations as a self-defining piece of linguistic trickery. Hellmann pointed out that reasonable doubt was now—belatedly—part of the Italian criminal code. A case built on probability alone, he said, was not sufficient and must necessarily lead to the acquittal of the defendant or defendants.
The prosecution’s rebuttal of the sentencing report, filed a couple of months later, was little short of astonishing.
It accused Hellmann of indulging in circular arguments, the old rhetorical fallacy known to the ancients as petitio principii—essentially, starting with the desired conclusion and working backward. The criticism applied much more accurately to what the prosecution and Judge Massei had done themselves; everything, even the absence of evidence, had been a pretext for them to argue for our guilt. But the author of the prosecution document, Giovanni Galati, chose not to dwell on such ironies. Instead, he attacked Hellmann—I wish I were joking about this—for resorting to deductive reasoning. Making yet more allusions to grand rhetorical principles, Galati said he had a problem with the appeals court taking the available evidence and seeking to make each piece follow on logically from the last. I take it he is not a fan of Sherlock Holmes.
Galati seemed incensed that Hellmann had found the “superwitnesses” unreliable. He argued that Hellmann’s problem with Antonio Curatolo, the heroin addict in Piazza Grimana, was not his failure to be consistent about the details of when and where he had supposedly seen us but rather Hellmann’s own “unwarranted prejudice against the witness’s lifestyle.” Galati even dared to embrace Curatolo’s argument that heroin is not a hallucinogen to insist he must have been telling the truth.
These arguments, to me, made a mockery of civilized discourse. I don’t honestly know how else to characterize them.
From my experience, I also know they are the bread and butter of the Italian legal system, the peculiar language in which arguments and counterarguments are formed every day. Not only do innocents go to prison with shocking regularity, while guilty people, equally often, win reprieve or acquittal; magistrates and judges who make the most howling errors rarely pay for their mistakes.
See Part 3 below for an Italian translation of the above, kindly supplied by main poster ZiaK.
2. Correctly explaining Cassation’s reasoning
Italy’s excellent justice system is in fact exceptionally pro defendant, and prosecutors have to jump through more hoops than any other system in the world. Major errors and framings of innocent parties never make it through to a final guilty verdict.
Correctly understood in light of that system, there was nothing magnificent about the Hellman-Zanetti outcome. The Hellmann court is KNOWN to have been hijacked.
Here is main poster Machiavelli’s explanation of what Sollecito.doesn’t get. The required logic Sollecito is ridiculing is intrinsic to Italian jursprudence (and US and UK jurisprudence) and is REQUIRED by the Supreme Court.
In plain English, Dr Galati is saying that Hellmann-Zanetti ignored that requirement.
Instead, they illegally went cherrypicking, with an extreme pro-defendant bias up-front. Bold text here is to emphasize that.
2. The failure to apply the inferential-inductive method to assess circumstantial evidence. This is a key point based on jurisprudence and is in fact a devastating general argument against Hellmann-Zanetti:
The appeal to Cassation’s jurisprudence on the circumstantial case originates from the fact that the Assize Appeal Court did not deploy a unified appreciation of the circumstantial evidence and did not examine the various circumstantial items in a global and unified way.
With its judgment it has, instead, fragmented the circumstantial evidence; it has weighed each item in isolation with an erroneous logico-judicial method of proceeding, with the aim of criticizing the individual qualitative status of each of them ..
Dr Galati accuses the appeal court of focusing on the quality of some pieces of circumstantial evidence, instead of their correlation to each other as the Supreme Court always requires. .
The appeal judges, in actual fact, deny that the probative reasoning and the decisive and cognitive proceeding of the court is to be found in the circumstantial evidence paradigm of the hypothetico-probabilistic kind, in which the maxims of experience, statistical probability and logical probability have a significant weight.
The court must reach a decision by means of the “inductive-inferential” method: it proceeds, by inference, from individual and certain items of data, through a series of progressive causalities, to further and fuller information, so arriving at a unification of them in the context of  the reconstructed hypothesis of the fact.
This means that the data, informed and justified by the conclusions, are not contained in their entirety in the premises of the reasoning, as would have happened if the reasoning were of the deductive type … (..) A single element, therefore, concerning a segment of the facts, has a meaning that is not necessarily unambiguous.
Dr Galati cites and explains further:
The Perugia Court of Appeal has opted, instead, precisely for the parceled-out evaluation of individual probative elements, as if each  one of them must have an absolutely unambiguous meaning, and as if the reasoning to be followed were of the deductive type.
This error emerges from the text of the judgment itself, but the gravity of the error committed by the Court in its decision derives from the fact that even the individual elements had been acquired by the cognitive-decisioning process in a totally partial manner, isolating the sole aspect that allowed the recognizing of doubts and uncertainties in the element itself..
So Galati-Costagliola concludes – and this by now is obvious – that the Hellmann-Zanetti court followed a “deductive only” paradigm on pieces in isolation, instead of the “inferential-inductive” paradigm prescribed by Supreme Court requirements (1995).
Moreover, Hellmann-Zanetti applied a deductive paradigm of assessment only to some cherry picked aspects of the single isolated pieces of evidence, overlooking other qualities of the single piece (an example – my own – is the possible “contamination” of the bra clasp found on the floor in the murder room.) Ordering an assessment of the quality of any element as if it was a proof in isolation from the rest of the evidence is itself unlawful.
But Hellmann–Zanetti also picked out of the evidence one aspect alone, for example it points to the theoretical possibility of contamination by touching from gloves, but does not consider the negative check results from the possible contamination sources. The interpretation of X-DNA from the bra-clasp by Vecchiotti in the conclusion is worded as if to ignore the results on the Y-haplotype, and so on.
So even single aspects/qualities of isolated items are further isolated from other aspects by Hellmann-Zanetti, and are assessed without looking for a relationship to the context. This is a core violation of the basics of jurisprudence in cases based on circumstantial evidence.
3. Italian Version of the passage on the Cassation appeal from Sollecito’s book
This translation is kindly provided by main poster ZiaK.
Il rapporto di motivazioni del giudice Hellmann fu magnifico: 143 pagine di ragionamenti serrati che demolirono ogni singolo pezzo di prova contro di noi, e che con riferimento a quasi ogni questione tecnica presero le parti dei nostri esperti. Il rapporto strigliò sia la pubblica accusa, sia la corte di prima istanza per il loro affidamento ai congetture e ai nozioni soggettivi di probabilità invece di dipendere su prove solide. Perdipiù, il rapporto sferrò un attaco particolarmente severo su Mignini per aver denigrato il concetto stesso di prova oltre ogni ragionevole dubbio. Mignini aveva già scartato questo concetto come un inganno linguistico auto-determinante nel corso di uno delle suoi presentazioni alla corte. Hellmann fece notare che il dubbio ragionevole fa ormai - tardivamente - parte del codice penale italiano. Una causa stabilita unicament su probabilità, disse Hellmann, non é sufficiente e deve necessariamente condurre all’assoluzione del imputato o degli imputati.
La confutazione del rapporto della parte dell’accusa, presentato in appello un paio di mese dopo, fu quasi una cosa sbalorditiva.
Accusò Hellmann di abbandonarsi a argomentazioni viziosi, in quella vecchia falsità retorica conosciuta dagli antichi come petitio principii - cioè,sostanzialmente, partire dalla conclusione desiderata per poi andare a ritroso. Questa critica potrebbe essere applicata con molto più precisione a ciò che fecero l’accusa e il giudice Massei stessi: tutto - compresa anche la mancanza di prove - gli é servito di pretesto per dare appiglio agli loro argumenti sostenendo la nostra colpevolezza. Ma l’autore di quel rapporto della pubblica accusa, Giovanni Galati, scelse di non soffermarsi su queste ironie. Al contrario, preferii attacare Hellmann - io desideri davvero fossi solo scherzando su questo punto - per il suo aver ricorso al ragionamento deduttivo. Perdipiù, facendo ancora altre allusioni a grandi principi retorici, Galati si dichiarò insoddisfatto del fatto che la Corte d’appello avesse preso prove disponibili e avesse cercato di far seguire in modo logico un pezzo dopo l’altro. Devo supporre che Galati non sia un tifoso di Sherlock Holmes.
Galati sembrò furibondo che Hellmann avesse trovato inaffidabili gli “supertestimoni”. Sostenne che la difficoltà che Hellman terrò a proposito di Antonio Curatolo, il tossicomane della Piazza Grimana, non fu la sua incapacità di ricordarsi con coerenza i dettagli su quando e dove fossimo presumibilmente visti, ma piuttosto il “pregiudizio ingiustificato contro il modo di vivere del testimone” mantenuto del stesso Hellmann. Galati osò persino cogliere l’argomento di Curatolo, secondo il quale l’eroina non é un allucinogeno, per sostenere che Curatolo avesse dovuto dire la verità.
Tali argomentazioni, al mio parere, svuotino il discorso progredìto di tutte le sue valori. In onestà, non saprei descriverli in modo diverso. Nella mia esperienza, so anche che sono il fondamento del sistema giuridico italiano, e della la lingua particolare nella quale gli argumenti e controargumentazioni sono formulati ogni giorno. Non solo gli innocenti vengono incarcerati con preoccupante frequenza, mentre le persone colpevoli con altrettanto frequenza ottengono sospensione o assoluzione, ma anche i magistrati ed i giudici che fanno gli più strepitosi errori pagano raramente per i loro sbagli.
Archived in Officially involved, Police and CSI, The prosecutors, The defenses, Diversion efforts by, The Sollecitos, Sollecito's book, The many hoaxes, No-evidence hoax, DNA contam hoax, The Dr Mignini hoax, Knox interrog. hoax, The Guede hoax, The Alessi hoax, The Aviello hoax, Raff Sollecito
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Friday, January 13, 2012
Umbria’s 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, Other legal processes, Sollecito diffamazione, Knox calunnia, The many hoaxes, The Alessi hoax, The Aviello hoax
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Monday, June 27, 2011
Giulia Bongiorno’s Next Super-Witness? The Apple Of Her Witness Luciano Aviello’s Eye
Posted by Peter Quennell
This is Italian Vladimir Luxuria who, despite appearances, is fully male.
One of several rather convincing fellow-inmates to testify today against Giulia Bongiorno’s “super witness” inmate Luciano Aviello said that he had told them he wanted a sex change operation with the money he claimed she was offering to testify so he could end up looking like Luxuria.
Giulia Bongiorno ended up outraged and threatening lawsuits at this testimony which she claimed was false (the paying of the money bit).
However, at various points in the trial and appeal she has dropped the ball in spectacularly goofy ways.
This morning she was sputtering to Judge Hellman that she only found out today about Rudy Guede’s letter - the letter reproduced in full in in this post which we translated into in English a full year ago.
She tried to have it excluded.
Click the image below for another of Bongiorno’s sundry public disasters. She had claimed that an ex-burglar would climb into Filomena’s bedroom - but he never made it above eye-level with the window-sill.
In fact in three and a half years NO climber has ever made it through that window, though one or two did break in the logical way - via the hard-to-see and easy-to-climb rear balcony.
We do look forward to Giulia’s suit against the inmates. She has promised such suits often before. Perhaps they will all arrive in a bunch.
Below: a juror seems to be secretly grinning at Giulia Bongiorno while Rudy Guede simply looks baffled.
Archived in Officially involved, The defenses, Public evidence, Trials 2008 & 2009, Appeals 2009-2015, Hellmann appeal, The many hoaxes, The Aviello hoax
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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, Public evidence, The witnesses, Trials 2008 & 2009, Appeals 2009-2015, Hellmann appeal, The Alessi hoax, The Aviello hoax
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Friday, April 08, 2011
A Witness Icognito: Could Outnumbered Knox And Sollecito Defenses Be Forced To Resort To This?
Posted by Peter Quennell
When he testifies in court, he does so from behind a curtain, so that back in his cell he can sleep easier. Perhaps make that: can stay alive.
The beautiful scene below is of Alba, north of Genoa and south of Turin in northwest Italy, where Luciano Aviello may or may not be in the prison there. Nobody seems to know for sure.
We first described what is know of Luciano Aviello back here in June of last year, along with some excellent satire.
Aviello explosively emerged as a possible key defense witness - the US and UK media made a really huge deal out of this - when he claimed that his missing brother was the real murderer, along with two others.
And that Aviello knew where some evidence was hidden (not yet actually unearthed).
As with the hapless Mario Alessi, on whom we posted earlier this week, Luciano Aviello was interviewed not only by the defenses, but also by Prosecutor Mignini and Ms Comodi.
The Italian police also investigated his claims - and they did a surprise search of his prison cell. Nothing is known of what the police and prosecution found out, which makes Aviello something of a one-man minefield.
Even in the middle of last year, Luciano Aviello did not sound too credible.
Here now is an excellent new profile of Aviello and the credibility of snitches like him. It is by Mike La Sorte, a professor emeritus at the State University of New York. Mr La Sorte includes this:
On November 1, 2007, in the Italian city of Perugia, Meredith Kercher was murdered. A trial was held and Amanda Knox was found guilty of the crime and imprisoned. At the time of the murder Luciano Aviello was out of prison and living in Perugia with his brother, Antonio. Returning to prison for extortion, Luciano from his cell in the Spring of 2010 came forward to announce that the true slayer of the victim was Antonio.
“Yes,” he declared, “it was my brother who killed Meredith during the commission of a break-in. I can produce the weapon of the crime and the keys to the house.” This generated international attention and got Avellino into the newspapers. His confession gave the defense the excuse to reopen the case to review the evidence. [Actually the mandatory appeal was already pending.]
Camorra expert Gigi di Fiore said of him: “Aviello is a strange person. He has had several contacts with the Anti-Mafia Commission and was judged to be less than truthful, a confused youth in search of publicity. He would want to exchange information for protection but had little to offer. His story is an emblematic event of no merit.”
Why could Luciano Aviello’s testimony on his claimed murderous brother (who presumably does know what he looks like) really, really matter to the besieged Knox and Sollecito defenses if it is believed?
These are the reasons:
- 1) The Supreme Court of Cassation has already accepted that overwhelming evidence proves THREE people - Guede and two others - all attacked Meredith.
2) There are literally hundreds of evidence points pointing to Rudy Guede and Amanda Knox and Raffaele Sollecito - in fact MORE point to Knox and Sollecito.
3) Despite the absurd claims of the dispirited conspiracy panel at Seattle University Monday night, not one evidence point - NOT ONE - points to anyone else.
The defense lawyers actually get along well with Mr Mignini, and they know that the justice professionals have really done an okay job. They have never once claimed that any evidence was fabricated, or that investigators made things up, or beat or starved Amanda Knox, or performed any other criminal act. They seriously need to finger other perps.
So. Look forward to welcoming the colorful if invisible Mr Aviello. We sure do look forward to seeing you. Or not, as the case may be.
Archived in Public evidence, The witnesses, The many hoaxes, The Aviello hoax
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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 The witnesses, The Alessi hoax, The Aviello hoax
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