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Sunday, April 28, 2013

The Amanda Knox Book: Could Her Book Legally Entangle These Four?

Posted by The TJMK Main Posters



[Image above: Curt Knox, Ted Simon, Robert Barnett, and David Marriott]


It seems probably that in every legal system on Earth, enabling or encouraging or inciting a crime may itself be a crime.

Could Amanda Knox’s forthcoming book be considered a crime, or more precisely a series of crimes? We wait to see what it says, but for starters its mere existence flouts Italian law. From our 22 April post:

Italy’s justice system so favors DEFENDANTS that it is perhaps the most pro-defendant system in the world. In fact many Italians feel its leniency has gone way too far. That is why there are these automatic appeals and why Knox could talk freely in court and have no cross-examination of her claims.

At the same time, officers of the Italian justice system are sheltered by huge powers hardly even needing to be invoked. The reason the law is so strong in this dimension is in part because a favored mafia tactic is to do what Sollecito and Preston and Burleigh have done in their books: slime the officers of the court.

Get that? Knox can talk her head off in court (as she did for two full days and many “spontaneous” interventions at the trial and annulled appeal) but because of a torrid history of false allegations against Italian courts, especially by the mafia and accused politicians, Italian law forbids her to do so outside in ways that misrepresent the evidence and impugn any officers of the legal system, prosecutors and prison staff counted in.

Sollecito’s book published six months ago made four kinds of mistake: (1) publishing for blood money while still accused; (2) including many false claims which contradict his own case at trial and will almost certainly contradict claims Knox makes; (3) defaming numerous officers of the court in freely accusing them of crimes - falsely, as his own dad admits; and (4) maligning the entire Italian justice system, the most popular and trusted institution in Italy with heavy protections at its disposal when it wants.

The criminal investigation into Sollecito’s book is under the wing of the same chief prosecutor in Florence who will oversee the re-run of the murder appeal. His investigation target is expected to be broad, and will certainly include the shadow writer and publisher and Sollecito’s own legal help. At the max, because Sollecito has impugned anti-mafia prosecutors and judges, he might face close to ten years.

PLUS the mitigating circumstances Massei allowed which brought his sentence down by five years will likely be disallowed by the Florence appeal court, adding five more years if the new appeal concludes guilt.

It seems an open secret in Perugia that Knox’s lawyers there have long shrugged off the US campaign and acted locally as if it really isnt there. They may or may not have attempted to forestall the book, though by now they certainly know it will make things far worse for Knox.

Sollecito’s lawyers have even more reason to know this as they are already under the gun, and they are probably sitting back and watching the trainwreck with ever-growing glee. 

Going forward, the prosecution is in a very sound and dominating position.

The evidence is very, very strong.  The Massei Trial Report is still unscathed. The Galati Appeal and the late-March Supreme Court decision absolutely destroyed the Hellmann appeal, and heavily implied that it had been bent. And the prosecutor who has been so unfairly maligned in the US has zero legal problems of his own, after Cassation nailed a rogue prosecutor for pursuing him and put his Narducci investigation back on track, and he was promoted and is set to be the Region of Umbria’s number one prosecutor very soon.

In contrast even without the albatross of the book Knox’s position was very weak.

She has already served three years for criminally lying to protect herself, and that sentence is subject to no further appeal. (Talk of taking it to the European Court is a joke.) Nobody in Italy will trust her word after that. As the post below this one shows, dozens of witnesses will speak up against any false claims. Who will testify on her behalf?

Also Knox seems intent on skipping the appeal, which is itself a contempt of court. And Sollecito, who has said he will be present, showed strong tendencies in his book to sell her short. If her book and her ABC interview are not roundly chastized on Italian TV as Sollecito’s was late last year, it will be a surprise. And complaints are already on their way to Florence - a prison guard she impugns in the book who earlier she herself had said meant no harm is moving forward. 

Curt Knox, Ted Simon, Robert Barnett, and David Marriott may end up in the crosshairs of the anticipated investigation for enabling or encouraging or inciting the book. And if Knox is handed extra years because of their zero due diligence, she may have a malpractice case against Simon and Barnett.

We hope their fingers are crossed.


Thursday, April 25, 2013

The Amanda Knox Book: Claims About Prison Traumas Widely Contradicted By Solid Sources

Posted by The TJMK Main Posters



[Above and at bottom: an animated Amanda Knox in red t-shirt at a prison rock concert]

“Amanda Knox’s trauma in an Italian hell-hole of sin and debauchery!”

That opening remark of a preview by the National Enquirer of Amanda Knox’s forthcoming book has been widely parroted in other American media reports.

Putting out new claims in the book like that is apparently considered to be worth the huge risk of extra years behind bars for contempt of court described in the post below this one.

Still, the US edition was sanitized after the annullment by the Supreme Court of the Hellmann appeal, and the UK publication of the book was canceled altogether.

So what are these remaining shock-horror claims? We intend to post commentary on them all.

Several concern Knox’s time in Capanne Prison where, it should be remembered, she actually served a three year sentence for lying. This was a sentence recently ratified by the Supreme Court, for criminal lying about the involvement of Patrick Lumumba in Merediths murder.

Main prison claim 1: sex advances by staff

One of the prison claims made public names a now-retired senior prison guard who Knox now claims asked her for sex. Actually this is hardly new news. Knox made the claim but in a far weaker form in 2011.

Then as CBS reported she had in fact concluded the guard was not even serious about sex. He was seeking to understand her.

Investigative journalist and CBS News Consultant Bob Graham, reading from Amanda’s letter to him: “‘He was fixated on the topic of sex, with whom I’d done it, how I liked it, if I would like to do it with him. When I realized that he really wanted to talk to me about sex I would try to change the subject.’”

Correspondent Peter Van Sant: “What does this letter say to you about what she’s been going through?”

Graham: “It says in a time when she was clearly traumatized by the events of the death, the murder of her flatmate, that there she was, an innocent abroad, because she was innocent, she is innocent… and here she was being pressured, further pressured in a prison system, a system that at least she should have had some degree of safety.”

Graham, reading Amanda’s letter: “I realize that he was testing me to see if I reacted badly, to understand me personally. He wanted to get a reaction or some information from me. I did not get the seriousness of the situation.’”

Knox’s claim seems to have left Italians contemptuous. “Yet more lies.” Here is a commentary on Knox’s claim of sexual harrassment in Il Giornale.

AMANDA: “THE WARDER WANTED TO HAVE SEX WITH ME”.

Nino Materi - Monday 15/04/2013 - 15:38.

And in the end do you want to see that we will have even have to compensate Amanda Knox for the “psycho-sexual” abuse suffered in prison in Perugia? By now we have become used to everything in the ugly story of the murder of poor Meredith Kercher.

But you really need a strong stomach to get used to the idea that the girl from Seattle should even be earning millions of dollars with true-story book (“true” in a manner of saying) which rummages in the trash of the Perugia thriller. A literary destiny which associates Amanda with the other key character at the crime scene: that Raffaele Sollecito author of a another true-story book (once again “true” in a manner of saying). Sollecito’s memoir is entitled Honour Bound: my Journey to Hell and Back with Amanda Knox, while Amanda’s “best-seller” is called Waiting to be Heard.

Pages in which Amanda – among other things – tries to make herself out to be an ingenuous, modest creature actually “molested” by the sexually implicit sayings of a supposedly dirty-minded prison warden. Amanda writes, or the ghost writer does, “The screw would ask me with whom I had had sex, he wanted to know how many boyfriends I had and whether I wanted to go to bed with him.” The period referred to is when the American student was in the Perugia prison following the first stage sentence for the crime of Meredith’s “friend”.

Then, on appeal, Knox (and Sollecito) were acquitted and now Cassation has ordered a new trial for them both. Meanwhile Amanda has gone back to Seattle (from where she will obviously never return to Italy) and she is enjoying the proceeds of her new career as a writer, not to speak of being a guest of agony TV, where between tears she tells how she was persecuted in our country. And the more she cries, the more the audience hits the roof and the more Amanda’s bank account grows. No talk of repaying her debt to Italian Justice…

In the 400 pages published by Harper Collins, the New York publishers which obtained the exclusive on the memoirs of Amanda after paying out about three million dollars, there is no lack of titillating details. A perfect location: the cells of Capanne Prison. Here Amanda tells about “continual requests from a prisoner to start a lesbian relationship with her”. In other pages she recalls how “she was informed of being HIV positive shortly after her arrival in gaol”.

Then the shock-revelation about a prison guard who is now retired. Knox accuses him of “ doing nothing but talk about sex with her from the day she arrived after her arrest”. In a message to a girlfriend, the girl from Seattle tells how the man in uniform accompanied her on every medical visit, twice a day, and in the evening how he would call her up to the third floor of the prison to an empty room to chat. “He was obsessed with sex, with whom I had done it, how I liked doing it, whether I wanted to do it with him,” she writes in the book. “I was so surprised and scandalised by all his provocations that sometimes I wondered whether I was not misunderstanding what he was telling me. When I realized that he wanted to talk about sex I tried to change the subject.”

The guard is now suing the girl for defamation after Amanda said that she had been abused during the questioning. In an interview with Bob Graham, an English journalist very close to the Knox family, the guard admitted talking about sex with Amanda, but claiming that she was the one who introduce the topic: “I talked to her a lot, but only to calm her down. I asked her how many boyfriends she had had, but it was always she had to start talking about sex.”

Anyone who wants to rummage in the garbage, buy the book by all means.


Main prison claim 2: malicious sex-partner humiliation

The second main claim against a prison official concerned the preliminary results of a routine HIV test required of all prisoners and a list of sex partners. The list of sex partners was reported in the media in 2008 as if the prosecutor and prison doctor had engineered the result and then leaked it to the public. 

What did we find when we looked closely into this?

Knox’s own diary made quite clear that she was the one who decided to create such a list, and the list in fact seems to have been leaked by Knox forces. Back then, Knox herself exonerates the doctor and prosecutor.

Main prison claim 3: Italian prison conditions are unbearable

Italian prison conditions and treatment, Knox claims, were so bad that they made her life miserable. She says that at times she became very despondent, and even claims to have imagined doing away with herself. 

However, Italian prison conditions except for occasional overcrowding are widely considered among the most humane, caring and rehabilitating in the world. Compared to US prison conditions, they are like night and day.

And this almost universal claim of every prisoner everywhere is contradicted by the media on which she and her family worked hard; by prison staff and official visitors, and even by the US Federal Government itself.

(1) Contradicted by the extensive media reporting

Occasional despondency is not all uncommon among those paying their debt to society. And there is scads of reporting that Knox had adjusted well to prison.

Here is a report by ABC News after Knox was found guilty in 2009.

Knox said that she felt “horrendous” the night that the verdict was delivered. “She said the prison guards did come in to hold her and make her feel better. She said the other prisoners were good to her,” Thomas said.

The reporter said the prison is “extremely clean.” Knox’s cell, which she shares with another American who has been sentenced on drug charges, is small. “It had a little bathroom with a door, a bidet, a sink, a shower…. better than some of the things I’ve seen at summer camp or boarding school.”

The women inmates are allowed to go to a hairdresser once a week.

The prison is a new facility, just opened in 2005. The women’s ward has an infirmary, an entertainment room with a pool table and ping-pong table, and a library. There is also a small chapel. Outside there is a little playground for children with benches and toys because there are cells specifically for women with children. Currently there are two women in Capanne with children.

It was very widely reported over four years that Knox was given the opportunity to do all these many things rarely encountered in American prisons: Learn the guitar. Read a lot. Watch TV. Study foreign languages.

Do artwork (colored pictures of hands). Attend rock concerts where she was seen leaping up and down (images here). Attend classical concerts. Attend Christmas parties.

Knox even played a major part in the creation of a rock video with a rock group. Unfortunately for her, that video appeared to many to come close to a taunting murder confession.

And on various occasions Knox was quoted as saying prison guards were kind to her.

(2) Contradicted by the US Embassy and State Department

US Embassy staff regularly monitored Knox’s treatment both during trial and thereafter. She was given chances again and again to lodge complaints with an Embassy officer.

But as we posted here in June 2010 and here in May 2011 cables from the US Rome Embassy to the State Department in Washington DC released to reporter Andrea Vogt contained ZERO complaints.

This matters incredibly because it constitutes the official take of the US Federal Government.

It will be front and center of State Department and Justice Department considerations when an arrest warrant for Knox is issued and extradition requested both of which could happen soon.

(3) Contradicted by Member of Parliament Rocco Girlanda

Mr Girlanda visited Amanda Knox in prison approximately 20 times for the specific purpose (or so he claimed) of checking her prison conditions. In fact that was the only way he could legally visit her, although oddly enough a book and a number of other pro-Knox actions emerged - even a complaint to the President about the Perugia prosecutors.

After Knox was released late in 2011 Mr Girlanda specifically praised the prison staff in this statement.

Perugia Prison Police The Example of Professionalism.

The PdL Party member of parliament Rocco Girlanda praises the officers of the Perugia prison.

“I’ve had the opportunity to describe to the Minister of Justice, Nitto Palma, the great professional behaviour shown by the Perugia Penitentiary Police with regards to the court case that saw Amanda Knox as protagonist, a behaviour that I had always observed during the course of my visits to the Capanne prison in the last two years.”  So says Rocco Girlanda, Umbrian deputy of the PdL, after the conclusion of the appeal trial of Amanda Knox and Raffaele Sollecito.

“In recent months I have had the opportunity to make dozens of visits to the prison, which also included some of the petitions presented by the senior management of the premises and my commitment in this regard, always finding, that starting from the director Bernardina Di Mario, continuing with the Penitentiary Police commander Fulvio Brillo, up to the entire personnel employed, the helpfulness, the courtesy and their professionalism which allows me to say that Perugia is a model structure on the national landscape, managed and directed in the best way and with a large dose of humanity on the part of the staff employed.”


(4) Contradicted by Knox’s own Italian lawyers

Knox’s lawyers Mr Dalla Vedova and Mr Ghirga visited her again and again during the 2009 trial and 2010 hiatus and 2011 appeal. Knox once again had dozens of opportunities to lodge complaints with them - lawyers who could have initiated Supreme Court action in response.

When Knox was released late in 2011 Mr Dalla Vedova and Mr Ghirga were interviewed by the TV station Umbria 24:

The lawyers: “she never complained about the prison”.

Amanda Knox “has never complained about the conduct/behavior of the prison police supervisor” and “she has never mentioned his name”: to say so are the defenders of the American woman, lawyers Carlo Dalla Vedova and Luciano Ghirga, commenting on what was reported by the tabloid The Sun. “

Ghirga said: “In the diary Amanda never makes the name.”

Della vedova said: “We are grateful to the management staff of Capanne prison for their cooperation even given to the family’s requirements. Amanda has never reported violations against her.”

“She absolutely has received the correct treatment and the outmost solidarity, within compliance, especially in the prison’s female section.”


(5) Contradicted by prison guards and other inmates

In some interviews, the reporter Sharon Feinstein captures a view of a difficult, narcissistic, uncaring Amanda Knox which is very commonplace around Perugia. The real faults lie with Knox, in effect.

Our legal assessment

So does Amanda Knox’s book contain defamatory lies which could cost her considerable additional prison time? The book is not even out yet but, based on the first hints above, she’s in serious trouble. 







Posted on 04/25/13 at 04:20 PM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
Archived in Diversion efforts byThe Knox-MellasesHoaxes about the caseKnox book hoaxesInterrogation hoaxAmanda Knox
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Monday, April 22, 2013

Lawyers Are Puzzled At Why Knox Seems So Intent On Risking Extra Prison Time

Posted by Peter Quennell





Knox doesnt need our legal advice. She has some pretty good lawyers of her own.

So what are they telling her now? The huge risks her book and interview run are all spelled out in the Italian legal code. Accused perps dont ever, ever take their case to the court of public opinion in Italy (try finding another example) because that is a very serious contempt of the court.

Italy’s justice system so favors DEFENDANTS that it is perhaps the most pro-defendant system in the world. In fact many Italians feel its leniency has gone way too far. That is why there are these automatic appeals and why Knox could talk freely in court and have no cross-examination of her claims.

At the same time, officers of the Italian justice system are sheltered by huge powers hardly even needing to be invoked. The reason the law is so strong in this dimension is in part because a favored mafia tactic is to do what Sollecito and Preston and Burleigh have done in their books: slime the officers of the court.

Those powers finally now HAVE been invoked, because of the extraordinary assault on the Italian system and judges and prosecutors and police (rejected even by his dad) by Sollecito in his book.

They are perhaps the strongest and most extensive attacks on the court system Italy has even seen.

This is under confidential investigation in Florence and charges expected this summer could cost Sollecito a sentence of five years or more. His book also just about kills his chances at the new appeal, because it makes several hundred wrong claims which to the prosecution will be like shooting fish in a barrel.

The defense lawyers surely know all of this. Unless they feel their chances at appeal are so bad (which could be the case) that they require desperate long-shot measures, they will surely tell Knox the same thing. 

Publishers’ necks and ghost-writers’ necks and ABC’s necks are on the line too. HarperCollins UK seem to have been very smart in yanking the book. Their lawyers must have figured all this out.


Friday, April 19, 2013

Tips for The Media #4: In Fact Guede Absolutely Couldnt Have Attacked Meredith Alone

Posted by Cardiol MD



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


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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

The prosecution estimated it took fifteen.


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

See the Massei Translation, p23


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

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


4.    Meredith must have been ‘strongly restrained’

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


5.    Meredith she remained virtually motionless throughout the attack

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


6.    The defensive wounds were almost non-existent

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


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


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

See the Massei Translation p377.


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

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


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

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


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

See the Massei Translation p.370

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



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

See the [Massei Translation p.370


13.    Meredith’s bra had been forcibly unhooked

See the Massei Translation p.370


14.    Meredith’s bra had been torn

See the Massei Translation p.370


15.    Meredith’s bra had been cut

See the Massei Translation p.370


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

See the Massei Translation p.370

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

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


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

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

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



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

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


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

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


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


Tuesday, April 16, 2013

Powerpoints #18: Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC’s Sneak Preview!

Posted by Kermit





Skilled reporter Diane Sawyer does a great job here in negotiating the Knox PR minefield and eliciting a telling response. 

No wonder Amanda Knox seems so set on not heading for the appeal court in Florence. There she might face immense pressure to answer the hundreds of open questions on the witness stand.

This time under full cross examination, which was so strenuously avoided in mid 2009.

For this sneak preview courtesy of ABC please click here. The Powerpoints should take maybe a minute to load. I recommend that you use the Page Down key to advance.

if you don’t have the Powerpoint Viewer program loaded there is a download here. Interesting viewing. Thanks ABC.

Some further reading?

Click here for more

Posted on 04/16/13 at 12:06 PM by Kermit. Click screenname for a list of all main posts, at top left.
Archived in Crime hypothesesKermit PowerpointsDiversion efforts byThe Knox-MellasesHoaxes about the caseKnox book hoaxesReporting on the caseMedia newsAmanda Knox
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Friday, April 12, 2013

Questions For Knox: Diane Sawyer, How To Push Back Against The False Claims And Emotion

Posted by Media Watcher





Dear Diane Sawyer:

Much of Italy and the UK and US will be curious to see how this interview works out on the ABC network on 30 April.

The extreme overkill of spin and false claims have not worked well for Knox lately. Now twin developments (the blunt and categoric ruling of the Supreme Court two weeks ago, and the ominous legal moves against Sollecito for his own rash public statements) have left Amanda Knox perched on a thin icy ledge.

We have dozens of lawyers and even judges read here. We do not know even one astute lawyer who really understands the case and the Italian system who, in light of those twin developments, considers this interview or Knox’s book as any longer a good idea.

The yanking of the book in Britain shows a creeping realization of this among those with their own necks on the line here.

The twin developments have changed this from the launch of a “promotional” book tour to a very serious inquiry into an ongoing murder trial, with very serious implications for U.S./Italian diplomatic relations.

We’re appreciative that you are the journalist who will be doing the first in-depth interview here. You have a solid reputation for balance and objectivity, and we’re looking forward to seeing your broadcast. 

From Seattle, it often seems as though Americans simply cannot comprehend that a young co-ed could be caught up in a case so violent.  Because the court proceedings were conducted in Italian, most Americans heard the story of what happened through a media filter, which in turn got much of its information from people who had a bias in support of Amanda Knox and Raffaele Sollecito.

Repeatedly, we have heard reporters parrot the defense attorney’s claim that there is no evidence.”  However, the evidence presented was strong enough to convince Harvard Law School’s Alan Dershowitz that the conviction will likely be affirmed on appeal. 

Other legal experts who have said the evidence supports a guilty verdict include New England Law Professor Wendy Murphy, who was herself a former prosecutor, and Nancy Grace, a former prosecutor who now hosts a show on trials and legal issues for CNN.

Contributors to this site, who all work pro bono, have also concluded the evidence supports a guilty verdict. We have studied the evidence presented at trial (in many cases ourselves translating key court documents) and have monitored with growing alarm the huge disconnect here in the U.S. between what happened in court and what has been reported.

What motivates us now is seeing that the reporting of the trial here in the United States is objective and corresponds with the reality of what is happening in Italy and what Italians are seeing and reading. 

Ultimately, if the conviction of Amanda Knox and Raffaele Sollecito is upheld by the Appeals Court and then Italy’s Supreme Court, we expect that the United States will honor the extradition treaty that’s been in place for decades, because it shouldn’t matter whether a perpetrator is perceived as attractive or sympathetic. While everyone is entitled to a fair hearing and a fair judicial process, we also believe the victim’s family is entitled to justice.

Having said all of that, we’re looking forward to seeing your report and here are some of the themes we hope you’ll explore in the report that surrounds the interview:

    1) We believe it’s important to confront the “no evidence” claim head on by citing the actual evidence that is summarized in the Massei Report.  We believe it’s compelling and we hope you can lay it out– including the DNA, cell phone, witness statements, bloody footprint, the evidence of a coverup/cleanup, and the conflicting and shifting statements made by the defendants; all so that viewers can understand the full scope of what that jury heard and evaluated in making the original decision to convict.

    2) Many Americans seem to not understand the automatic three-stage trial process that is typical of the Italian judicial system - actually put in place to benefit defendants.  We hope you can provide an overview of Italy’s judicial process, and help viewers to understand the very limited scope of the contested evidence that was subject to review by the Appeals Court.  We also hope you’ll remind viewers of all of the evidence that was not subject to review during the appeal—again, the cell phone evidence, the conflicting statements from the defendants, the evidence that showed Amanda and Meredith’s DNA mixed together in the bathroom and hallway and Filomena’s room, the bloody (Sollecito) footprint, the evidence of a staged break-in and cleanup, and the witness statements about Amanda and Raffaele’s conduct at the time the murder was discovered and over the following days.

    3) Defenders of Amanda and Raffaele often claim that Rudy Guede acted alone.  Many viewers seem not to understand that the Supreme Court had earlier ruled that Rudy Guede was one of multiple attackers.  We believe it would be useful if you could review this for your viewers and cite some of the evidence that convinced the Supreme Court that Guede could not have acted alone.  Perhaps reminding viewers that Rudy Guede’s footprints lead directly from the murder scene to the outside door would be helpful, given that there was clearly mixed DNA evidence in the bathroom and a bloody footprint in the hallway, which had been cleaned up and later revealed through the use of Luminol (a chemical agent used by forensics specialists to detect trace amounts of blood left at crime scenes).

    4) We hope you’ll help viewers to understand a key point made in a recent NYTimes op-ed about the mathematical value of doing a second DNA test on the knife that was found in Sollecito’s apartment.  As you know, the Appeals Court Judge refused to allow a second test on the knife, even though a confirmation of the original result or a different result would likely have provided additional clarity.

    5) We hope you’ll address the issue of contamination – especially as the key issue on the bra clasp is not whether Sollecito’s DNA was on it, but whether Sollecito’s DNA could have gotten on the clasp through contamination.  Given that there was only one other piece of Sollecito’s DNA found in the apartment, and given that at the time it was analyzed, it had been more than a week since any evidence from the crime scene was reviewed in the lab, it might be useful to have someone address the chances of there having been contamination resulting in Sollecito’s DNA ending up on the clasp.

With respect to the interview itself, here are some of the questions many would like to see Amanda answer:

    • Why did you call your mother in the middle of the night Seattle time prior to the murder having been discovered?  What was it you wanted to tell her?

    • You tried calling Meredith the day after the murder took place and yet phone records show that two of the calls you made to her cell numbers lasted only three and four seconds and you left no messages.  How diligent were you in trying to reach her?

    • Why do you think you falsely accused your boss Patrick Lumumba? 

    • Why didn’t you withdraw your accusation against Patrick Lumumba in the light of day, once you’d had time to rest and reflect? 

    • You have said - though never under oath - that you were treated terribly – can you summarize for us what happened the night you voluntarily gave your written statement and very specifically, any circumstances in which you were treated poorly?

    • Were you given food and drink on the night you were questioned?

    • Were you bleeding on the night or morning of the murder in any way that could have left DNA in the bathroom or in Filomena’s room?  If so, why were you bleeding?

    • You’ve said that went back to your apartment to take a shower and to retrieve a mop to clean up some water at Raffaele’s apartment from the night before.  Why didn’t you simply use towels at Raffaele’s apartment to clean up the water - why wait until the next day?

    • Reports indicate that Rudy Guede was a frequent visitor to the flat below yours.  How well did you know Rudy Guede prior to the night of the murder? 

    • Do you stand by the statement you made on the day the murder was discovered that Meredith always locked her door? 

    • You emailed to friends and family that you were panicked about what might have happened to Meredith given the locked door.  Did the two of you try to break the door down?  If not, why not?  And if Meredith always locked her door, why did the fact that it was locked worry you?

    • Have you read the Massei report? 

    • Raffaele Sollecito said during his book tour that no one asked him to testify during the original trial.  Do you believe this is true? 

    • If your conviction is affirmed by the Supreme Court, do you think you should be extradited to Italy.  If not, why not?

Thank you for reading this letter, Diane.  Because of the PR fog around the case, we believe far more attention needs to be paid to the actual evidence that was presented at trial. 

We are confident that you’ll bring all of your considerable skill and experience to bear on this interview in ways that will leave viewers much better informed.




Wednesday, April 10, 2013

Knox Book Put On Hold In UK As Legal Implications Of Blood Money For Still-Accused Finally Sink In

Posted by The TJMK Main Posters





There have always been several huge problems in the promotion of Amanda Knox.

One problem is that Knox is not the real victim in the case and a great deal of compassion still resides for Meredith. Earning windfall blood money from the cruel death of a claimed close friend is hardly a classy way to go. 

A second problem is that we are still only at the end of the second act of a three act play in terms of the trials and appeals, and the Italian Supreme Court in the third act to come will almost certainly be no gullible pushover. And a whining or inaccurate book or movie demonising Italy and Italians (as her complaints about Capanne already have done) might not help her legal prospects one little bit. 

A third problem is that Italy’s officialdom and its population tend to maintain a hard and unblinking belief in the evidence against Sollecito and Knox, especially as the million dollar PR campaign largely flew below the radar there and they saw much of the hard case and a callous Knox live on TV. For example in Florence and Milan....

*******

Guess when we first posted those paragraphs above? Actually we posted them fifteen months ago on 6 January 2012.

And finally today fifteen months later HarperCollins UK suspended their publication of Knox’s book. Can the HarperCollins US suspension of the book be far behind?

We are not particularly given to directing legal advice to Amanda Knox - we think she should rethink and answer all the open questions - but the leeching of Knox-Mellas blood money going back nearly five years is absolute anathema to Meredith’s family.

So we have posted five subsequent times, pointing out to the Knox-Melasses and Robert Barnett and Ted Simon what should have been very, very obvious to them when they did their due diligence in Italy on the book:

Publishing to impugn Italian justice officials while still accused in an ongoing legal process is a contempt of court felony in Italy.

Ask Raffael Sollecito. He is now under investigation by the Florence chief prosecutor and could face millions in damages and further years in prison. So could his publishers Simon & Schuster and his shadow-writer Andrew Gumbel.

Not to mention that Sollecito is probably wrecking any chances he had at the repeat of the appeal. Does Amanda Knox REALLY want to be in the same boat? And do her shadow-writer and her publishers too?

Here are our other previous posts on her book:



Below: The HarperCollins US publicist Tina Andreadis (aka Tina Eleni) participated in the very very very odd Twitter exchange at bottom. She seems unfamiliar with the concept of “contempt of court” and the criminal and civil nightmares headed Simon & Schuster’s and Sollcito’s way.

Perhaps Tina Andreadis was out of the loop when her publishing company did its due diligence. 






Thanks to our main poster Bedelia for this astonishing catch.

Posted on 04/10/13 at 08:08 PM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
Archived in Diversion efforts byThe Knox-MellasesHoaxes about the caseKnox book hoaxesInterrogation hoaxAmanda Knox
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Monday, April 08, 2013

Tips For The Media #3: There’s Far More Evidence Than UK/US Need For Guilt - See This Footprint

Posted by SomeAlibi




The false claim “there is no evidence”

Some amateur supporters of Knox and Sollecito have committed thousands of hours online to try and blur and obfuscate the facts of the case in front of the general public.

Their goal is simple: to create an overwhelming meme that there is “no evidence” against the accused, and thereby try to create a groundswell of support. Curt Knox and Edda Mellas and Ted Simon have all made this “no evidence” claim many times.

At least some some of the media have eagerly swallowed it.

The amateur PR flunkies make up myriad alternate versions of what created single points of evidence, often xenophobic scare stories designed to trigger emotional reactions, which they hope will be repeated often enough to become accepted as “the truth”.

And where things get really tricky, another time honored tactic is to go on at great length about irrelevant details, essentially to filibuster, in the hope that general observers will lose patience with trying to work it all out.

But time and again we have shown there is actually a great deal of evidence.

Evidence is the raw stuff of criminal cases. Let me speak here as a lawyer. Do you know how many evidence points are required to prove Guilt? One evidence point if it is definitive.

A definitive evidence point

If you’re new to this case or undecided, what is an easy example of ONE definitive evidence item that might stand alone? Might quickly, simply, and overwhelmingly convince you to invest more time into understanding the real evidence, not that distorted by the PR campaign?

In fact we have quite a choice. See the footprint which was second on that list.

Now see the table above. I recommend the use of this table of measurement to avoid the lengthy back and forward of narrative argument which so lends itself to obscuring the truth. I would like to present you with this single table of measurements to give you pause to question whether this line that there is “no evidence” is really true or whether it might be a crafted deception.

I present here a summarized view of critical evidence which suggests with devastating clarity that Raffaele Sollecito was present the night of the murder of Meredith Kercher. No lengthy text, no alternate versions, just measurements.

This FIRMLY places Sollecito in the very room where Meredith was attacked and killed.

In the small bathroom right next to Meredith’s bedroom was a bathmat. On it was found a bloody naked right footprint of someone walking straight towards the shower in the bathroom. The blood is that of Meredith.

The footprint is not Amanda Knox’s - it is too big - but we can compare it to the prints taken of Rudy Guede and Raffaele Sollecito.

In Judge Massei’s report the multiple measurements were detailed in the narrative over many sentences and, in that form, their immediate cumulative impact is less obvious. It is only by tabulating them, that we are forcefully hit by not one but two clear impressions:

The measurements are extremely highly correlated to the right foot of Raffaele Sollecito in twelve separate individual measurements. In themselves they would be enough for a verdict of guilt in all but a few court cases.

But they also show a manifest LACK of correlation to the right foot of Rudy Guede, the only other male in that cottage on the night. Have a look for yourself.

If you were the prosecution, or indeed the jury, and you saw these measurements of Raffaele’s foot versus the print, what would you think? Answer the question for yourself based on the evidence admitted to court.

Then, if you compare further, exactly how plausible do you find it that the measurements of the bloody imprint are Rudy Guede’s instead?

Not only are some of the individual measurements of Rudy’s imprint as much as 30% too small, but the relative proportions of length and breadth measurements are entirely wrong as well, both undershooting and overshooting by a large margin (70% to 150%).

Conclusions that must follow

Presented with those numbers, would you consider those measurements of Rudy Guede’s right foot to show any credible correlation to those of the footprint on the mat?

Supporters of the two have tried frantically to create smoke screen around this - the wrong technique was used they say (ruled not so by the court) / they are the wrong measurements (all 32 of them? that Raffaele’s are matching exactly or within a millimetre but Rudy’s are out by as much as -30% to +50%...?).

The severity of the impact on the defence is such that there was even a distorted photoshopped version circulated by online supporters of Raffaele and Amanda until they were caught out early on in coverage. But it is hopeless, because these are pure measurement taken against a scale that was presented in court and the data sits before you.

Have a look at the measurements and understand this was evidence presented in court. Whose foot do you think was in that bathroom that night? Rudy Guede? Or was it Raffaele Sollecito on twelve counts of measurement?

And if you find for the latter, you must consider very seriously what that tells you both about the idea there is “no evidence” in this case and who was in the cottage that night…


Sunday, April 07, 2013

Tips For The Media #2: In Fact Knox Extradition Is Likely To Be Readily Granted

Posted by James Raper



[[Above: a plane landing at Florence airport; most under arrest arrive via Rome airport]


This is the latest in our many posts nailing the myths perpetrated by the pro-Knox campaign,

We can already see that there is an attempt to generate a new myth in the media and on the internet.  This is that it is unlikely that Amanda Knox would be extradited to Italy. Talking heads appear by the dozen on US TV channel networks to say so. A plethora of internet articles add up to the same. They are all wrong, take it from me.

However the fact that the subject is even under discussion is an indication that the implications of the Italian Supreme Court’s annulment of the Appeal verdict are sinking in, in some quarters at any rate. I am sure that what Ted Simon says for public consumption is very different from the advice which (assuming he has been asked) is rendered privately to Amanda and her family. If not then the family is being seriously misled as to Amanda’s prospects of avoiding extradition.

There is, of course, an extradition treaty between the United States and Italy and it seems that the main issue as to whether extradition could take place would be Double Jeopardy.

Alan Dershowitz, Harvard Professor of Law, has written a good piece.  Sensible articles like this have been a long time in coming but even he gets some of it wrong and cannot resist creating a little air of uncertainty.

“Ms Knox would likely challenge any extradition request on the ground that she was already acquitted by the lower appellate court, so any subsequent conviction would constitute double jeopardy.

That is when the real legal complexities would kick in, because Italian and American law are quite different and both will be applicable in this trans-national case involving a citizen of one country charged with killing a citizen of another country, in yet a third country.

America’s extradition treaty with Italy prohibits the US from extraditing someone who has been “acquitted“, which under American law generally means acquitted by a jury at trial. But Ms Knox was acquitted by an appeals court after having been found guilty at trial.  So would her circumstances constitute double jeopardy under American law?

That is uncertain because appellate courts in the US don’t re-try cases and render acquittals (they judge whether lower courts made mistakes of law, not fact). Ms Knox’s own Italian lawyer has acknowledged that her appellate “acquittal” wouldn’t constitute double jeopardy under Italian law since it wasn’t a final judgement - it was subject to further appeal, which has resulted in a reversal of the acquittal.

This argument will probably carry considerable weight with US authorities, likely yielding the conclusion that her extradition wouldn’t violate the treaty. Still, a sympathetic US State Department or judge might find that her appellate acquittal was final enough to preclude her extradition on the ground of double jeopardy.”

“Final enough”?….hmmmmm. That doesn’t seem very legal language to me. And given the Italian three tier system how does one determine when an acquittal is final enough, other than at the end of it? Of course, if in doubt, the State Department or judge could read all the published court judgements in the case. That would help.

On the other hand, perhaps Dershowitz should read the 1984 Extradition Treaty between the USA and Italy more carefully.

Article VI states -

Extradition shall not be granted when the person sought has been convicted, acquitted or pardoned, or has served the sentence imposed, by the Requested Party for the same acts for which extradition is requested.

The Requested Party, in the case of a request for extradition from Italy, will of course be the United Sates.  Clearly this is no bar to extradition in the case of Amanda Knox as there has been no judicial process against her in the USA regarding the murder of Meredith Kercher .

And for the avoidance of doubt jeopardy Article I states - “The Contracting Parties agree to extradite to each other, pursuant to the provisions of this Treaty, persons whom the authorities of the Requesting Party have charged with or found guilty of an extraditable offense.” So an offense shall be an extraditable offense only if it is punishable under the laws of both Contracting Parties by deprivation of liberty for a period of more than one year.

(There are other circumstances under the treaty when extradition will not be granted, but these do not apply to Knox. They concern political and military offences.)

Furthermore the 1984 Extradition Treaty recognizes (as do all such treaties) the validity and fairness of the contracting parties’ respective judicial systems. Such treaties would not be possible otherwise. The USA has already extradited its citizens (when it had to) to countries where, as here, an appeal acquittal has been overturned on further appeal, the original conviction has been re-instated, and the process then continues to another appeal. This is in recognition of the fact that in some systems the State has a right of appeal as well as the accused. What’s wrong with that?

Is all of this likely to change on account of Amanda Knox?

Imagine, for a moment, that Knox fights the request for extradition through the US courts and secures a landmark decision from the Supreme Court that the request is a violation of double jeopardy. At a stroke the US government will be forced to negotiate a raft of new unequal treaty rights and obligations with a number of foreign states that will feel insulted, nonplussed and humiliated by the slight to the reputation of their judicial systems. Some may refuse to do so, and this will more likely disadvantage the USA than the other way around. It would create an enormous mess in US relations with such states.

I don’t think the Supreme Court would be that daft. It’s just not, given the circumstances, a runner.

Neither would the State Department, for the same reasons, be that daft. It is under a treaty obligation, the extradition papers being in order, to (a) grant the request or (b) if the request is challenged in the courts, to hand the matter over to the Justice Department for it to be pursued there on behalf of the Requesting Party.

The reality is that if Knox’s fresh appeal were to fail and the conviction were to be upheld finally by the Italian Supreme Court, then her opposing an extradition request from Italy through the US courts would be an exercise in futility, and an extravagant waste of legal costs that would cut deep into the alleged $4 million for her book.

There would be nothing left for her after that, and after paying off Marriott and numerous other creditors waiting in the wings.

Posted on 04/07/13 at 08:18 AM by James Raper. Click screenname for a list of all main posts, at top left.
Archived in Italian justice systemOfficially involvedAmanda KnoxAppeals 2009-2014ExtraditionsDiversion efforts byThe Knox-MellasesEven more hoaxes
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Tuesday, April 02, 2013

A Growing Number Of Commentators Are Objecting To Overexposure Of The Two Still Accused

Posted by Peter Quennell





We have a series of posts coming up that will describe in detail and analyze the outcome of the Supreme Court.

At least one post will be a roundup of the media. Noticeable this time was less of a tendency to lionize Knox and Sollecito. Some articles and TV reports flipped for Knox, but none did for Sollecito.

And some editors and reporters have weighed in strongly for better balance. David Barrett of the Daily Telegraph wrote this one.

The impending retrial for the murder of British student Meredith Kercher fills many court-watchers with dread, myself included.

Details of the crime are horrific enough. But during the lengthy court processes which we have already witnessed, my discomfort was intensified by the obsession with Amanda Knox.

The photogenic young American, now 25, was convicted and then acquitted of the 2007 murder. She received more sympathy than most suspects who have ever stood in the dock on such a serious charge.

The media pack which followed the Italian trial would often comment on Knox’s apparent frailty; the “stress” she was suffering or whether she looked “pale”. It made me gag.

It’s a difficulty with which any professional and humane court reporter is familiar: how do you keep the victim, who is absent, visible in the very human drama that is a murder trial?

Is it appropriate to pay more attention to the suspect than to the issue at hand; namely, securing justice on behalf of a person whose life has been taken from them? I say it is not, although I can understand why it happens….

When the Italian prosecutors again attempt to secure a conviction for that tragic murder in Perugia we will have to get used to seeing Knox’s face on a daily basis once more. But let’s ensure that Meredith remains at forefront of all our minds.

.

Posted on 04/02/13 at 02:55 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Officially involvedAmanda KnoxRaff SollecitoDiversion efforts byThe Knox-MellasesThe SollecitosReporting on the caseFine reportingEven more hoaxes
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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





Amanda Knox has seemed to us more stunned than confident since she got out of Capanne. Her father mentioned that she was not given the whole picture there.

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.


One Final Word On Nina Burleigh In Response To Those Saying She Got It Right And We Wrong

Posted by The Machine





Actually Burleigh didnt get very much right. I’ve dipped into the book and read various articles and they all stray from the truth.

Here is our review of one major aspect of the book which shows what damage to the truth it does.

Many of the pro-Burleigh commenters on the Time website and also many reviewers on Amazon dont seem to realise just how hard and fast Burleigh played with the facts.

Poor understanding of the evidence, poor grasp of the law, terrible fact checking, emotions run wild, and zero grasp of the Italian language, account for her very inaccurate work. This really is her Achilles heel.

As our responses scroll fast in comments at Time and we have only so many hours in the day, here below are ten quick examples for Burleigh supporters of how easily she screws things up.

The book is being officially examined and Nina Burleigh will surely in due course be confronting a much longer list.

    1. She falsely claimed in her book The Fatal Gift of Beauty that Meredith Kercher was born on 28 December 1986 (The Fatal Gift of Beauty, Dramatis Personae).

    According to the Massei report, her actual birthday is 28 December 1985 (p23).

    2. She falsely claimed in her book that Rudy Guede was on 26 December 1983 (The Fatal Gift of Beauty, Dramatis Personae).

    According to Rudy Guede’s sentencing report, he was born on 26 December 1986 (p2).

    3. She falsely claimed that Rudy Guede’s DNA was inside Meredith’s purse (The Fatal Gift of Beauty, p14).

    According to the Massei report, his DNA was found on Meredith’s purse (p43). The Micheli report specifies that his DNA was found on the zip.

    4. She falsely claimed that Rudy Guede’s prints were on Meredith’s walls (The Fatal Gift of Beauty, p14).

    The Scientific Police were unable to identify any fingerprints on Meredith’s walls. Guede was identified by a bloody palm print on a pillow case. (Micheli report, pages 10-11, The Massei report, p43, Rudy Guede’s sentencing report, p5).

    5. She falsely claimed on the Sound Authors website that Mignini charged Knox with participating in a satanic rite.

    Mignini has never claimed Meredith was killed during a satanic rite. In fact, he has specifically denied ever claiming this. In his letter to LInda Byron, he stated the following:  “On the “sacrificial rite” question, I have never said that Meredith Kercher was the victim of a “sacrificial rite”.

    Mignini told Drew Griffin the following in an interview on CNN:  “I have never said that there might have been a satanic rite.”

    6. She falsely claimed that Amanda Knox described a “vision” in her handwritten note to the police (The Fatal Gift of Beauty, XXIV Timeline).

    Amanda Knox never claimed she had a “vision” in her handwritten note or any of her witness statements.

    7. She falsely claimed in an article for Time that there were only two elements of “material evidence” against Knox and Sollecito - Sollecito’s DNA on Meredith’s bra clasp and Meredith’s DNA on Sollecito’s kitchen knife.

    According to the prosecution’s experts, there were five instances of Knox’s DNA or blood mixed with Meredith’s blood in three different locations in the cottage. Even Amanda Knox’s lawyers conceded that her blood had mingled with Meredith’s blood.

    In other words, Meredith and Amanda Knox were both bleeding at the same time.

    According to the imprint experts, the bloody footprint on the blue bathmat in the bathroom matched the precise characteristics of Sollecito’s foot, but couldn’t possibly belong to Guede.

    Knox’s and Sollecito’s bare bloody footprints were revealed by Luminol in the hallway.

    8. In the same article, she falsely claimed that the knife was picked at random.

    Armando Finzi was the police officer who bagged the knife. He testified that he thought it was the murder weapon because it was compatible with the wound on Meredith’s neck.

    9. Another false claim from the article was that Rudy Guede left fingerprints at the crime scene.

    He didnt. None at all.

    10. In an article for the Columbia Chronicle  she falsely claimed that freedom of speech doesn’t exist in Italy.

    Pretty bizarre. She should learn to read some Italian. They have as many freedoms as those in the US and UK. And the incarceration rate is 1/7 that of the US.

    11.She falsely claimed in a Time article that the prosecutors painted Amanda Knox as an “angel-faced she-devil”.

    It wasn’t prosecutors who painted who Amanda Knox as a “she-devil”, it was Carlo Pacelli, the lawyer who represents Diya Lumumba, at the trial in 2009.

    Carlo Pacelli’s comments were widely reported by numerous good journalists who were present in the courtroom, so this would have been really easy to check. .

    Barbie Nadeau describes the moment he referred to Knox as a she-devil in some detail in Angel Face: “Who is the real Amanda Knox?” he asks, pounding his fist in the table. “Is she the one we see before us here, all angelic? Or is really a she-devil focused on sex, drugs, and alcohol, living life on the edge?”

    “She is the luciferina-she devil.” (Barbie Nadeau, Angel Face, page 124).

 

Posted on 04/01/13 at 11:59 AM by The Machine. Click screenname for a list of all main posts, at top left.
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Friday, March 29, 2013

More On The Ill-Considered Campaign of Vilification By The Sour Knox PR Shill Nina Burleigh

Posted by Peter Quennell





REALLY not a good time for the sour PR shill Nina Burleigh to be entering into attack mode. Much better to be covering her tail.

One book is already being investigated by the chief prosecutor of Florence (the same one that will oversee the repeat appeal) for contempt of court in attempting to interfere with an ongoing legal process.

Sollecito and his team might face years in court and millions in awards - and Burleigh’s defamation-riddled The Fatal Gift Of Beauty which flatly accuses many Italian officials of crimes is already a candidate for a similar outcome. 

Good luck with that one. She could be paying out for years. Nina Burleigh now seems to me a tad delusional - making things up, not for the sake of lying for an advantage, but simply because her mind sorta works that way, and so she shoots herself in the foot.

Skeptical Bystander of PMF has already rebutted Burleigh’s claims against her, in this post immediately below. This was my own experience with Nina Burleigh.


Request for assistance from Nina Burleigh

Burleigh really didnt have any good cause to pick a fight with me as I have always treated her extremely well.  I met her personally only once - in August 2009 - but we emailed frequently though most of 2009.

The meeting grew out of this post.  I emailed the link to that post to Nina Burleigh via her blog;  and also to John Follain, who thanked me politely.

She emailed back that she was surprised to have landed the assignment, as she had no expertise in that area, but her publisher had recommended it. She said she could use any help. I said I would see if our contacts in Rome and Perugia could help her.

She moved to Perugia in the spring for a month or two and as she has no Italian some arrangement was made for an interpreter. She attended some of the court sessions. As agreed, I emailed various contacts asking if they might want to help her.

The reaction across the board however was no. 

Burleigh was being seen constantly in the Knox-Mellas entourage and was already regarded as a doubtful reporter at best, one who had already lost her cool.


Burleighs request for a meeting

She returned to New York, after Knox had been two days on the stand, to rustle up more money and take her family back with her. She emailed me for a meeting to share tips and information, and was hoping we might open a way to the Kerchers. (We never do.)

I asked her if she was neutral and independent, or working for the PR scheme. I would not have met with her if she hadn’t promised by return that her mingling with the Knox-Mellas crowd was for show, just an act, really she was secretly neutral.

Based on that guarantee, she and I met for an afternoon and evening at her summer place in the Delaware gorge two hours west of New York.

We had lunch in the village, when she presented me with a signed book, and then we moved to the kitchen of her house, a converted schoolhouse. Her children were playing in there so we moved upstairs to sit at a table in her bedroom.


Burleigh says Knox seemed psychopathic

I explained the case from the prosecution side and she seemed to do her best to follow along, busily generating notes. She VOLUNTEERED that she had concluded that Knox was a psychopath during Knox’s stint on the stand. She said the realization had kept her awake at nights some.

I didnt prompt her or make that up - how would I have possibly known? In fact until then I didnt even know she’d been in the court.

She did tell me this assignment would be a financial strain. None of her books had covered their costs. The publishers’ advance was a small one, Italy is expensive, and she joked that she might have to give up her Manhattan apartment.

Oddly, she managed to stay in Perugia for most of a year. Wonderful how those savings stretched out so.


Subsequent emailing between us

We kept in touch for a few months after she went back to Perugia with her family. She asked me for some more help in making contacts. Here below is an email exchange late in October - ten weeks after we had met.

This is also six week after she claims she questioned the bucket and mop claims on this site and concluded we had facts wrong and were not to be trusted (she never actually emailed a question, and we never did make the “bucket and mop” claim she invented). 

1 MY EMAIL 21 OCTOBER

>>    Long time no talk. I still owe you some stuff and my knowledge seems to grow daily. I just drove to Seattle, and had nearly a week getting in deeper there.
>>
>>    Are you staying on there in Italy until the whole thing is done?  The other publishers’ publicists have been emailing me, and we have talked several times.
>>
>>    I could be in London soon and if so in Perugia.
>>
>>    Pete

2. BURLEIGH REPLY 21 OCTOBER

>> Hey {Pete
>>
>> I’ll definitely be here for the verdict! Send me any stuff you want to share. I am still hoping to talk to the British friends at some point, but only if they want to, I don’t want to bother them.

>> cheers,
>> n

3. MY REPLY 21 OCTOBER

> Thanks Nina! How nice.
>
> How much do you actually have on Meredith? Its not just (I hope!) only all about La Knox? The friends might talk but I’d need assurances on this angle.
>
> And what is the title and the publish date now? We foresee now three okay books coming out in January with no firm date on John Kercher’s about Meredith.
>
> Pete

4. BURLEIGH REPLY 21 OCTOBER

> Meredith. Not much at all! Really just what’s been in the press and that’s not good because I want to bring her character into the story, who she was, what the world has lost. It is a big hole in my repoirting. Anything you can do would be so appreciated.

> As for date, its really dependent on when I get key interviews. I am more interested in getting the good, true story than beating quickie crime book competition in january.

> So grateful to you for keeping up with me, and it will be really nice to see you here.

> All best
> Nina



Rebutting claims in Burleighs Time attack

Actually it has never had a down day: the Knox-hating websites have been passing along innuendo and cherry-picked factoids for six years now.

What innuendo and cherrypicking? What hate? Let us see some examples. We deal in hard facts and key documents and Italian translations here. Dozens of reporters and lawyers read. And TJMK was created only four and a half years ago, in direct response to the hyper-aggressive PR scheme. 

The other acronym you will encounter is TJMK, which stands for “True Justice For Meredith Kercher”—the young British woman murdered in this case–and is run by a New Jersey-based Englishman who claims that at one time he consulted at the United Nations.

I dont claim that. I was on the permanent staff of UN development for over 20 years, and then I left to consult with governments on growth directly. Burleigh KNEW that by the way. An example of this supremely under-qualified womans’ attempts in her article at personal put-downs of others.

These sites host extremely active avatars, many proclaiming to be lawyers, forensic experts, criminologists, but who never reveal their true identities.

Anyone can tell at a glance that real names are used here where they can professionally tolerate personal put-downs like Nina Burleigh’s.  They ARE lawyers and experts, they state their experience, and nobody else questions this. They all have better qualifications than Burleigh’s.

In 2009, I sat down with TJMK founder Peter Quennell, who has always claimed he started the site to make sure that no one forgot the victim.

We sat down only at her pleading request. There was really little in it for me. And TJMK DID make sure Meredith is not forgotten. I didnt just claim that.

A stout, ruddy Englishman living in New Jersey, he had been holding out the carrot of introducing me to the elusive Kercher family.

I am not stout, ruddy or English, and I live looking across to Manhattan. What carrot? She hoped for contact with Meredith’s family, and I offered and promised nothing.

After a month in Italy doing reporting, however, I realized that some of the “facts” on Quennell’s website didn’t seem to be in the police record in Italy. I emailed him to ask where he had found out that Knox and Sollecito met police standing outside the murder house with a mop and bucket in hand. That damning incident was nowhere in the record, not even the prosecutor would confirm it, nor had Italy’s Polizia Scientifica ever tested such items, which would surely have offered up some useful DNA evidence, had they been used to clean blood.

So where is that famous email? This would be two months BEFORE the emails quoted above. Does she sound questioning or suspicious or rejecting in those?

Try searching “bucket” on this site and see what you find. Did we really make the bucket a big deal? There is ONE mention in a media report of someone’s evidence of a bucket having been at the door. All the other mentions are of the bucket in Sollecito’s flat.

Quennell then accused me by email of being on the Knox family payroll, informed me that his sources in Perugia had seen me consorting with Amanda’s mother (I had in fact met with her once, in a public place, by then) and eventually started writing about how he was going to “train his scope” on my apartment in Manhattan, and closing emails with “how are the kiddies?”

That joke email preceded all of those emails above. I didnt accuse Burleigh then of being on the Knox payroll. She is presumably thinking of the question I put to her months ago, before we ever met.

To which she had promised me she WAS neutral. Not just a PR shill.

Posted on 03/29/13 at 10:51 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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What’s Nina Burleigh Got Against Women? A Bizarre Time Report Suggests Deep Problems In Her Psyche

Posted by Skeptical Bystander





We depart from our scheduled posting for a few hours to contend with a bizarre attack by Nina Burleigh. 

I get up quite early because my clients have a nine-hour head start on me.

Today I woke up to the usual flurry of work-related emails plus a message directing me to Nina Burleigh’s Time blog post devoted to the “haters” – i.e., the many people around the world who have expressed their support for the family of Meredith Kercher and who are convinced that Italy’s first instance court got things right when it convicted Amanda Knox and Raffaele Sollecito for their role in Meredith’s brutal murder.

Italy’s highest court has just overturned the acquittal and definitively upheld Knox’s conviction for the felony offense of falsely accusing an innocent man of murdering Meredith Kercher. In that false accusation, Knox placed herself at the scene of the crime. 

In her blog post, Burleigh once again misquotes an off-the-record conversation with me, though I set her straight the first time she did it and asked her to cease. She also wrongly asserts that I am a “housewife” and “former” translator.

For those who may have missed them the first time around, the two blog posts I wrote that got Nina Burleigh all riled up can be found at TJMK or at my personal blog (http://skepbystander.blogspot.com/), under 2011 posts.

First, a bit of background: Burleigh spent a lot of time in her book maligning two of the best reporters covering the case, one of whom, like Burleigh, wrote a book about it. Since I wrote my review of Burleigh’s book and then pointed out that the New York Times was critical of her advocacy masquerading as journalism, time has passed.

According to her online news site (thefreelancedesk.com), which focuses on current events in Italy, where she lives, Andrea Vogt has been working as a reporter for 20 years and writes for, among others, The Telegraph, The Guardian, The Seattle Times and The BBC.

As for Barbie Latza Nadeau, in addition to her frequent reporting for Newsweek/The Daily Beast, she is also a regular contributor for CNN. Both are excellent journalists whose work speaks for itself.

But what’s up with Nina Burleigh? I honestly don’t know what she was thinking when she decided to belittle their accomplishments in print, not to mention her decision to misrepresent my own rather more modest ones. Is she just angry because she got this case so wrong? Is this a simple case of sour grapes from a sore loser?

It probably doesn’t matter in the larger scheme of things. But I would caution anyone who talks to a reporter off-the-record to beware. I have talked to many reporters off-the-record, and they have all respected this agreement, except for Nina Burleigh. In addition to breaking a promise, she misrepresented what I said.

And now that she has had her public snit, may I suggest that the focus now shift from these petty personality clashes - between Knox’s fan base and anyone who doesn’t share their views - and onto the facts? I think the tone needs to change as well: facts are best discussed rationally, calmly and respectfully.

And for the record, I have nothing at all against women who choose to be homemakers.

In the final analysis, however, Nina Burleigh has done Meredith Kercher and the truth a huge favor by attacking her supporters as “haters” and, in doing so, giving our efforts a plug. It is too bad that she could not resist plugging Knox’s upcoming book as well, and thus proving the point made by the New York Times: that Ms. Burleigh has been treading what she must know - as a seasoned reporter - to be a very dangerous line, that which separates journalists and advocates

She seems to have lost her way and, instead of figuring out how to get back on track, has decided to lash out at those advocating for truth in reporting.

Posted on 03/29/13 at 02:08 PM by Skeptical Bystander. Click screenname for a list of all main posts, at top left.
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Tuesday, March 26, 2013

More Pervasive Myths We Will Nail Soon In Our New Series; Read Summaries Here

Posted by The TJMK Main Posters





We hope you made it through those amazing Powerpoints on the case for guilt introduced in the post directly below.

We have created around two dozen other Powerpoints also. Here are all Kermit’s Powerpoints and here are all other Powerpoints.

Below are summaries of some more key and very pervasive myths which you can easily spot in today’s media in the US and UK (though never in Italy) which we will nail in depth soon in other longer posts.

The real hard truths can all already be found here on TJMK if you search for them. Please feel free to email us if you need some quick guidance.

1) That Knox and Sollecito maybe face a “retrial”

Rubbish. At most they face a re-run, done properly, of a poorly managed, legally and scientifically incompetent, and highly biased first appeal. It SHOULD look like any US or UK appeal: limited, fast, focusing only on a few points, no consultants, no witnesses, no attempt to run a new first-level trial.

2) That any such “retrial” is a case of double jeopardy

Rubbish. Under Italian law Knox and Sollecito still stand accused of murder and other crimes until the final appeal court (in this case the Supreme Court) signs off, so they were NEVER found “innocent, end of story” at first appeal level. There’s no question of double jeopardy; and the exact-same rules apply in the US.

3) That Amanda Knox was forced into “confessing”

Rubbish. This is the misleading label for her framing of Patrick Lumumba. She spilled the beans fast and vociferously (and repeatedly) after Sollecito who was being interrogated in another room sold her out and said she had made him tell lies. Interrogations were short, she had an interpreter, she was not interrogated as a suspect without a lawyer, and she had refreshments.

4) That all the DNA evidence was thrown out by Hellmann

Rubbish. Hellmann (who is now edged out in disgrace) and Zanetti were not criminal judges, and this was their first DNA case. They were totally at sea. By innuendo, two consultants, illegally appointed and ill qualified, tried to make out there was possible contamination. They proved nothing. They ADMITTED Meredith’s DNA was on the big knife and that Sollecito’s DNA was on the bra clasp. There was lots of other incriminating DNA evidence outside Meredith’s door.

5) That “the” prosecutor was rogue, satanist, and out of control.

Rubbish. The lead prosecutor at trial (Mignini) is straight as an arrow and very admired, and has no interest in satanism. His work was checked by a co-prosecutor, other prosecutors, and many judges. He is in line for a major promotion, and has no dark cloud hanging over his head. The Supreme Court TWICE came down strongly in his favor in the part several weeks, and he is about to be promoted to Deputy Chief Prosecutor for the Province of Umbria.

Final warning:

Disregard everything coming from ABC, CNN, and any Seattle TV station. They are highly biased for commercial reasons, they don’t know the case, and they have essentially been serial-lying to the American public.

Posted on 03/26/13 at 05:06 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
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Monday, March 25, 2013

Nailing Myths #1: In Fact 2009 Trial Was Decisive By US/UK Standards, Evidence Very Powerful Indeed

Posted by The TJMK Main Posters





This first post in our new series is a collection of Powerpoint slides summarising the case against.

It was created by our lawyer James Raper with help from Kermit on the content and slides. Please load Powerpoint Viewer if not on your system, and click here for the show.

The Powerpoints consist of 150 slides, the outcome of many hours of work, and should open up in the viewer via most Internet connections in 30 to 60 seconds. 

As we continue to point out NOT ONE credible independent lawyer has ever destroyed this case, or come up with a scenario that lets Knox and Sollecito authentically off the hook.

See the header to this post?  MANY lawyers are making the comment that in the UK and US this trial would have been the end of the road.  No judge in the US or UK would have okayed any appeal. There were never the grounds.

Posted on 03/25/13 at 05:33 PM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
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Sunday, March 24, 2013

In An ABC Report Did Curt Knox & Edda Mellas Just Smear The Prosecution Appeal As “Harassment”?

Posted by Peter Quennell





That headline above is actually about a statement Knox’s parents made about Dr Galati a year ago.

They may or may not have just repeated it. Watch the video here. That is a video of a report broadcast today on ABC’s morning show. The claim comes at the 2:00 minute time point.

ABC is the Knox-Mellas’s current pet poodle among the American media, and (with the brave exception of Ann Wise on their website) ABC has consistently with extreme bias reported only the Knox-Mellas side of it.

So the new claim may well be accurate.

There are already dozens of recorded instance of ABC slamming the Italian police and prosecution - in effect accusing them of crimes.  Are ABC and the Knox-Mellases really wanting to head down this slippery slope some more? Right now?

Note how the bar has been seriously raised for any false accusations of crimes by Italian officialdom in this case.

While the Knox Mellases only face a calunnia (criminal defamation) trial for a previous instance, Raffaele Sollecito is being investigated for contempt of court for allegedly illegally attempting to interfere with an ongoing legal process.

Guilt on that charge can put perpetrators away for a long time. Ted Simon, are you asleep at the switch? Et tu, Signori Dalla Vedova e Ghirga?

Posted on 03/24/13 at 05:37 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
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