Headsup: Re PMF dot Net, a small snippet of code is broken. Great team there knew as soon as it happened. But as code has not been upgraded since creation, its complicated. They may bring it alive again statically; no further posting, but still searchable. There was always triplication of key material between PMF, TJMK, and the still-growing Wiki.

Series 10 Mignini MOF hoax

Friday, May 11, 2018

Overview Of All Our Powerpoints For Those Many On Media Threads Praising Them

Posted by The TJMK Main Posters



Perugia from the Rome direction; railway station at center-left

1. Post Overview

These brilliant Powerpoints have been getting effusive praise online and in emails by many who began with them.

Others have posted asking how to find them.  We are very grateful for their interest. Here they all are, the complete set. One is by James Raper, one by Fly By Night, two by Nikki, and the others by that indefatigable frog Kermit.

They are often very funny, mostly bothersome to the humorless Knox attack-sheep, and always technically excellent. But their main draw appears to be that they are so explanatory, so highly compelling.

Watch a few and the sense that the Italians got things right can get to be unshakable.  While videos can be telling, Powerpoints look to be even more telling. Other victim sites might well benefit from this model.

2. All Our Powerpoints

1. Click for Post:  A Witness Trashed By Paul Ciolino For CBS In Fact Looks Very Credible (Kermit)

2. Click for Post:  A Comprehensive Guide To The Relevant Locations (Kermit)

3. Click for Post:  A Minute By Minute Visual Guide To The Events On The Night (Kermit)

4. Click for Post:  A Very Odd House, In A Very Odd Location (Kermit)

5. Click for Post:  A Graphical Tour Of The Crime Scene Itself (Kermit)

6. Click for Post:  Trace Evidence Seems To Confirm More Than One Perpetrator At Scene (Kermit)

7. Click for Post:  DNA Evidence - A Very Clear Intro To A Vital Subject Here (Nikki)

8. Click for Post:  Forced Entry Via Filomena’s Window Fails The Giggle Test (Kermit)

9. Click for Post:  Defense Claim AK & RS Couldn’t Have Disposed Of Meredith’s Phones Is Wrong (Kermit)

10. Click for Post:  The DNA Evidence May Be A Tough Mole To Whack (Nikki)

11. Click for Post:  Countering The Spin By The Defenses On The Recent Cottage Break-in (Kermit)

12. Click for Post:  Telling Evidence Against Sollecito The Experts Seem To Have Got Absolutely Right (Kermit)

13. Click for Post:  150 Questions For The Defendants They Have Incessantly Avoided (Kermit)

14. Click for Post:  The Telling Case Of The Doctored Footprint (Kermit)

15. Click for Post:  Justice For Meredith - The Thoughts Inspired By Two Mountains (Fly By Night)

16. Click for Post:  We Now Examine The Compelling Evidence For The REAL Railroading From Hell (Kermit)

17. Click for Post:  Total Evidence Suggests Knox And Sollecito Guilty As Charged (James Raper with Kermit)

18. Click for Post:  Katie Couric Interviews Raffaele Sollecito! We Already Have A Sneak Preview!! (Kermit)

19. Click for Post:  Placing The Noisy Claimant Doug Preston In The Hot Seat (Kermit)

20. Click for Post:  On Contradictions, Here Preston Contradicts Preston (Kermit)

21. Click for Post:  Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC’s Sneak Preview! (Kermit)


Wednesday, September 28, 2016

Netflixhoax 6: Omitted - The Almost Unique Carefulness Of Italy’s Justice System

Posted by The TJMK Main Posters



Bigotry for fame and profit: Stephen Robert Morse, Rod Blackhurst, and Brian McGinn

Netflix’s Amanda Knox is an extreme example of misleading bias by cherrypicking. This post is another in our ongoing series, the mothership for material for this media-friendly page online soon.


1. Wrong “facts” and numerous omissions

As first explained previously in this series the very loaded Netflix report Amanda Knox included some seriously wrong “facts”.

Here is another of them.  The HIV Hoax. Italian doctors did NOT fool Knox about a possible HIV positive; they told her in confidence not to worry, they would retest (a common practice in HIV testing) and that test soon came back negative.

NOBODY in the justice system leaked about this. The leak to the media complete with Knox’s list of recent sex partners was blatantly and well-recordedly made by the Knox-Mellas defense team. Even several of us were leaked-to - this was months before we got a grip on the case.

We shall be deconstructing the various wrong “facts”.

But mainly though the film operated at the level of cut-and-paste innuendo. And it banked on the extreme ignorance of its audience.  Hundreds of inconvenient facts were omitted, any few of which would have disrupted its propaganda purpose.

We shall be adding in the numerous omissions.

2. The report’s macro-level takeaways

About 50 movie reviewers so far have mostly declared these to be their main takeways.

    (1) A muddled or desperate or evil Dr Mignini framed Knox and fooled his co-prosecutor, numerous experts, 30-plus judges, and most of Italy.

    (2) The justice system of Italy is a dangerous error-prone joke, but thankfully some much smarter Americans are here, to save silly Italy from itself.

    (3) Somehow a few BRITISH tabloids influenced an ITALIAN jury to vote “guilty” and the damning prosecution case the hapless defenses did not once dent in 2009 was immaterial.

All three of them are untrue. We’ll take a first stab at correcting for them below, with much more to come.   

(1) The REAL Dr Mignini

He framed Knox? On this there is vast evidence to the contrary. Dr Mignini has already explained some and we have much more to come. Dr Mignini had no motive, early on he was pretty good to Knox, and the checks and balances against any such hoax are simply enormous.

Ask yourself, why would a prosecutor intent on framing Knox do this recorded interrogation?

In fact he did it as a favor to Knox, because she asked him for it. She asked also for the interrogation at trial. Those were the ONLY two interrogations of Knox. Both damning. There were no others, ever.

In both of them, Knox by her own tongue dropped herself in it, far more than any police or prosecutor ever did. The second had a major effect on the jury (and on Italy).

In that same post we pointed to two of the Netflix team’s numerous self-serving omissions.

(1) [The movie]  appears to accept that innocence was proved and that Knox and Sollecito had zero role. That was not what the Supreme Court said. [See Dr Mignini’s final paras.]

(2) Italian lawyers think the Fifth Chambers ruling may have been illegal as well as bent. The reasoning can be read here. That is headed to court soon.


(2) Italy’s REAL justice system

Pretty well the exact opposite of what you’d suppose if you read only Michael Heavey and Frank Sforza and Paul Ciolino and Bruce Fischer and John Douglas and Saul Kassin and Steve Moore and of course Doug Preston and the late Mario Spezi. Read only them, and one might be excused for thinking Italy’s is a huge, horrible system which the Italian population desperately needs THEM to save it from! Bigotry for fame and profit.

A total illusion, which Morse, Blackhurst, and McGinn now want you to swallow. Bigotry for fame and profit.

The main characteristics of the Italian system are (1) a large and visible national and local police presence with excellent forensics labs, (2) a low crime rate even by European standards, and even more-so by American standards, and (3) a very low rate of incarceration that is only 1/6 the rate of the US.

The system is immensely careful and with two AUTOMATIC rights of appeal for convictions for serious crimes the chances of a false conviction standing are zero. Compare this with thousands uncovered in the US. The vast wave of appeals has clogged the courts and right now Parliament is trying to reverse this. 

Appellants have a huge advantage which makes it easy for them to game this system: the prosecution presents their case ONLY at trial. Then seasoned defences can game bewildered prosecutors at higher levels.

Officially the US knows all of this. It has much to gain politically from Italian co-operation and works very hard on their functional relationships. The FBI and the Italian equivalent embed one another’s officers in Rome and Washington, aid one another’s labs, share huge amounts of information, mutually take down mafia, and organize dozens of extraditions annually.

Almost all prosecutors are highly-trained by career-path; the only three who were not in this case (Judges Hellmann, Marasca and Bruno) and sprung Knox and Sollecito are all believed to have been corrupted.

Finally, the mafias and fellow-travelers work hard to smear police and prosecutors (as well as assassinating them, over 100 now). In this respect the Knox PR has wittingly or unwittingly been functioning as an arm of the mafias. Bongiorno, substituted for the hapless Sollecito PR which cost Vanessa her Carabinieri post, became famous for mafia defenses.

The 20 posts we link to below go deeper. You might read at least the headlines and the quotes below. That Italy’s is a pretty good system should be compelling.


1. Click here for post: How Italian Justice REALLY Works

Comparing the US and UK common law system - a model founded on non-written laws and developed through judicial proceedings - with this system which arose from the Roman Law model - based on a written civil code - is really like comparing apples to oranges.

They were both conceived to protect individual’s rights at a maximum level, while seeking justice for the victims. But with entirely different processes.

One is not necessarily better or worse. But there are legal experts who think the Italian system is distinctly fairer - much more weighted toward the defendants. In the US and the UK the prosecutor usually has to make it through only one pre-trial hoop. In Italy the prosecutor has to make it through a whole row of pre-trial hoops…

2. Click here for post:  Why The Prosecutors In Italy Are Relatively Popular

Italy’s a tough country with, albeit dwindling now, a legacy of violent crime, and many brave prosecutors over the years have been assassinated.

And the Italian legal system is not particularly weighted in their direction, with a large number of hurdles they have to climb over before a case ever gets to trial.

And the Italian prison system is relatively lenient, heavily pro-prisoner-remediation and early release, and proportionally only 1/10 the size of the US’s.

So the endemic attempts to undermine Prosecutor Mignini have invariably won only MORE popular support for him and his case in Perugia and Italy in general.

3. Click here for post:  Why The Italian Judiciary’s Probably Less Prone to Pressure Than Any Other In The World

Italian magistrates enjoy an extraordinary level of autonomy from the other powers of government (executive and legislative) and the point of this post is to explain why. This autonomy is above all due to the Italian constitutional framework.

That framework is intended to guarantee such an exceptional level of independence so as to avoid the abuses that occurred during Mussolini’s fascist regime, when Italian magistrates were forced by the executive to prosecute (and persecute) political opponents to the fascist dictator…

4. Click here for post:  Explaining How The Italian Appeals Process Works And Why It Consumes So Much Time 

The extraordinary broad appeal rights awarded by the Italian system are all part of the 1989 reform, which intended to add even more guarantees to the right of the accused. This has resulted in an incredible increase in pending cases in the overburdened Italian justice system….

This situation is exacerbated by the broad appeal rights guaranteed also on the 2nd level of appeal, at the Supreme Court of Cassation. Like other supreme courts around the world, such court does not re-examine the entire body of evidence, but only ‘errores in iudicando’ and ‘errores in procedendo’ (errors in procedure or application of the law).

However, unlike its American or English counterparts, the Italian Supreme Court cannot refuse to review a case, and defendants have unlimited appeal rights to the Supreme Court of Cassation. They don’t even have to wait for the Appeal Court. You can in fact appeal to the Supreme Court directly after the first trial. ...

5. Click here for post:  Barbara Benedettelli: Campaigner For Victims And Families Says Italian System Denies Them Justice

There are proportionally very few perpetrators in Italians prison by global standards, and when there in prison they are given quite a nice time, trained to perform usefully when released, and very often get out of prison early.

Seemingly very humane. But this does carry very high costs. There are often almost unbearable pressures on victims’ families, as Meredith’s father John Kercher has several times described. On top of all this, there is the growing western fascination with perps, and in many cases their elevating to popular cult-worship status.

Barbara Benedettelli is a writer and columnist and the editor of the popular “Top Secret” program on Rete4 TV…  Her latest book (only in Italian) is called “Victims Forever”. She talks of various prominent perps and the enormous and unrequiting pressures on victims’ families. In polls a large majority of Italians detest this. They want much less stress on “fairness” and MUCH more compassion for victims families and, if still alive, for the victims.

6. Click here for post:  Harvard Political Review Writer Alex Koenig Reproaches The Sliming of Italy’s Justice System 

The fact of the matter is, those that immediately claim that Knox was wrongly accused and jailed by a corrupt justice system make two extremely arrogant assumptions that reveal perverse American exceptionalism.

1) It is assumed that, as an American – an American woman no less – Knox is incapable of murder. This case differs, of course, from the 1,176 domestic murders committed by women because, well, who knows?

2) It is assumed that not only is the Italian justice system incapable of fulfilling its legal duties, but that the intentions of the court were swayed by anti-Americanism.

This is not merely an abstract sentiment, but was actually articulated by Senator Maria Cantwell (D) of my home state of Washington.

7. Click here for post:  Interesting Tilts Of Marcia Clark And Alan Dershowitz Toward Educated, Informed Italian-type Juries 

“[American] jury instructions are so numerous and complex, it’s a wonder jurors ever wade through them. And so it should come as no surprise that they can sometimes get stuck along the way. The instruction on circumstantial evidence is confusing even to lawyers. And reasonable doubt? That’s the hardest, most elusive one of all. And I think it’s where even the most fair-minded jurors can get derailed.”

“Well, if you want justice, don’t look to the criminal law system. That’s not its job. Its job is not to produce a just result. Its job is to produce a legally correct result…”

“We’ve opted for a much more democratic system, and it means that in the end you’re going to be dissatisfied with a lot of verdicts. Just don’t expect too much from our legal system. Don’t expect truth. Don’t expect justice, because that’s not what it’s supposed to give you.”

8. Click here for post:  The Chief Enforcer Of The Constitution And The Rule Of Law is Wildly Popular Throughout Italy 

He is said to receive dozens of petitions a day and in certain cases he does act to get things done. Significantly, two that he chose to ignore recently concerned the ongoing Sollecito-Knox appeal process.

Of two pretty blatant attempts to bias the Perugia process, one came from Joel Simon of the US-based Committee to Protect Journalists, and one came from the junior Berlusconi-party MP Rocco Girlanda.

President Giorgio Napolitano simply ignored both of them.

9. Click here for post:  Compared To Italy, Say, Precisely How Wicked Is The United States? 

We have often remarked that Italy’s crime rate is low, the three mafia families (Sicily, Calabria and Naples) are on the rocks, and the justice system is one of the most cautious - conviction rates are infuriatingly low for the suffering families of victims, but in a forgiving Catholic nation rates of incarceration are unlikely to jump any time soon.

The American incarceration rate in sharp contrast has for a decade led the rest of the world, and it increased every year for nearly 30 straight years from the arrival of President Reagan to the departure of President GW Bush. Its prison rate is ahead of Russia’s, with its mafias and corruption and poverty, and ahead of China’s, with its large population of political prisoners.

10. Click here for post:  Involvement Of The Formidable Carabinieri Shows How Italian Justice Will Not Be Leaned Upon 

Judge Nencini may have invoked the help of the Carabinieri for reasons going beyond simply very good science.

Italy has among the world’s lowest crime-rates, murder-rates and incarceration-rates. Unusually low criminal and anti-social tendencies among native-born Italians, and strong family pride, explains a large part of this.

But another main reason is the high-profile and exceptionally smart police presence. Deliberately a cool presence rather than a hot and intimidating presence, and in fact a very popular one

11. Click here for post:  Italy’s Unpopular Politicians And Mafia Fellow Travelers Against Italy’s Popular Justice System 

For comparison, in 2011 the percentage of Italians who declared they trust the justice system “a lot” or “enough” was 53.3%. By comparison, the percentage of Italians who declared they trust the government “a lot” or “enough”  were 14.7%, and those who trust the parliament were only 15%.

In 2012, the percentage of Italians who trust the parliament is now only 9.5%, and those who trust the Mario Monti administration are only 21.1%.

Over the eight years from 2004 to 2012 the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.

12. Click here for post:  Italy’s Advanced, Effective, Humane Law & Order System Also Adopted By City Of New York

New York is now the safest big city in America. It is following a route that is not only almost identical to Italy’s - it is being watched and emulated elsewhere across the US….

Now that the United States has the world’s highest reported rate of incarceration, many criminologists are contemplating another strategy. What if America reverted to the penal policies of the 1980s? What if the prison population shrank drastically? What if money now spent guarding cellblocks was instead used for policing the streets?

13. Click here for post:  Italian Prime Minister Renzi Will Push Measures To Speed Up Justice 

In a move popular not least among those who are part of it Mr Renzi announces moves to speed up Italian justice.

Italian justice and those who work in it are widely trusted and respected in Italy. But a very humane system designed post WWII to give those accused a level of rights unique in the world has been even further tilted over the years by politicians passing laws to aid political and business colleagues in legal trouble.

14. Click here for post:  Why Numerous American JUDGES Favor The Supremely Neutral Italian Kind Of System 

See that above at the bottom of the YouTube screen? Some $280 million has been spent since the year 2000. Can you guess what the $280 million was for?

In fact the $280 million is funds raised and spent for judges’ election campaigns in the roughly 3/4 of all American states where such judges’ elections are held - the original intention of which was good: to get judicial choices out of smoke-filled rooms.

15. Click here for post:  Meredith May Not See Justice (Yet) But She Will Leave At Least Three Legacies 

Knox behaved grossly irresponsibly in heading to Perugia under-funded, intent on drug-doing, and with zero intention of seriously studying.

The University of Washington and many others realised they could have huge liabilities if they did not distance themselves a lot from such loose cannons in future.

In October 2009 we reposted this report by Andrea Vogt which described the initiation of measures many American universities have now come to implement….

16. Click here for post:  Counterterrorism: Another Way Italian Law Enforcement Is An Effective Model For Everywhere Else 

A leading military analyst is citing Italy as a model of counterterrorism done right, pointing out that despite many factors going against it, Islamic terrorists have failed to kill a single person on Italian soil.

17. Click here for post:  Italian Justice & The Telling Status Of Extraditions To And From Italy 

If countries agree to extradite to other countries, that suggests a high degree of trust in justice at both ends. They are in effect voting confidence in each other’s justice systems.

Italy achieves an exceptionally high rate of extraditions in both directions and continues to sign more bilateral treaties.

It is clearly trusted almost worldwide as a destination where those charged will receive a fair shake. And it is very no-nonsense about sending back fleeing felons who try to go to ground there.

18. Click here for post:  Knox’s Nasty-Prisons Hoax: NY Times Describes How Italy Leads The World In Rehabilitation 

Around five years ago, largely because of immigrant crimes, the prison population (previously below 100,000 - in the US, California prisons alone hold almost twice that) began to balloon.

New prisons were built, with no expenses spared, and in these images you can see the result.

Stories of extreme over-crowding have gone away, and the New York Times profiles the new prisons and their programs of today.

19. Click here for post:  How The Italian “Justice Tortoise” Is The Likely Winner Compared To For Example the US System 

Italy is working to try to update its justice system right now and we will report on that shortly. At least in theory, it has one of the easiest tasks in the world, because post WWII its legal system was redesigned from the ground up. It had already junked bad aspects, some going back centuries.

Italy already has some of the world’s smartest juries - jury service is compulsory, so smart people cannot dodge them. And the system already has some other very positive things going for it.

Mainly what is needed is some weeding. And such reforms are made easier in Italy because (1) judges and prosecutors all follow career paths and so they are not politically competing with one another;  and (2) there is the Council of Magistrates (CSM) which can be very progressive in the reforms it pushes at its level.

20. Click here for post:  So Where Would YOU Want To Go On Trial? In Italy Or In The U.S.?

We have still not seen even ONE American lawyer claim that after the first trial in 2009 which found RS and AK guilty that there were strong grounds for an appeal.

In the US, back in 2009, full prison terms would have been begun.

And in fact virtually nothing at the 2009 trial was challenged in the appeal. But the defenses subversively organized to get Civil Judge Hellmann instead of Criminal Judge Chiari to preside, and in 2011 a farcical “not guilty” outcome was the result.

Then there was a THIRD jury trial, in 2013-14, which (as so often in Italy) threw out the not guilty outcome of the previous appeal trial.

And finally, in 2015, due to more subversive defense machinations with a little mafia help, the final Supreme Court appeal was assigned to the FIFTH Chambers, for the first murder appeal that Chambers has ever heard.

A second farcical “not guilty” outcome was the result.

Say what you like about the American system, there is not remotely any parallel in its judicial history to all of that.  Quite the opposite in fact. We have had various posts pointing to an increasingly hard line in the US.


(3) British tabloids corrupted a jury in THIS system?

Subject of future posts. Check back shortly.


Tuesday, September 20, 2016

Netflixhoax 4: Omitted - Netflix Illegally Demonizes Dr Mignini To The Advantage Of The Mafias

Posted by Peter Quennell



[Above: Giuliano Mignini at left at Lake Trasimeno where Dr Narducci’s body believed bound was recovered]

The Cynical Demonizing Of Dr Mignini

This was was in fact a deliberate PR ploy, with some collusion from the mafias.

Remember that huge PR campaign, probably the largest and most abusive ever run for someone charged with a crime? Which the Netflix producers somehow managed to forget totally?

More on that later. This corrects wrong impressions about a main target.

Our posts here and here and especially here blow the gaff on the “power-mad prosecutor” claims.

The demonization originally began as a ploy to stop Amanda Knox talking. It was because she was so exceptionally naive.

The Supreme Court noted how Curt Knox shut her down angrily when her parents first visited Knox at Capanne Prison. Family knew she could very well spill the beans, and she maybe came very close to that at various times.

From late 2007 she seemed to rather like Dr Mignini, and to want to keep explaining to him over and over again. Dr Mignini thought she came really close at the interrogation on 17 December 2007 when her lawyers stepped in to stop her.

So they started to demonize Dr Mignini in her eyes.

In her book she says she wanted to keep talking, especially to him, and she quotes things that they told her to try to frighten her - pretty far from the truth. The lawyers once said quite publicly that they wish she’d simply shut up.

The demonization was deliberately jumped to a higher plane by Curt Knox, Paul Ciolino and David Marriott, still with no basis in fact unless you consider Doug Preston’s and Mario Spezi’s MOF book fact (they left out that they were caught trying to frame an innocent man) in a meeting in West Seattle in January 2009.

The month the trial began, after 14 months already of Knox still dropping herself in it. 

Watch this amazing Powerpoint in which Kermit brilliantly takes the big lie apart.

Here we correct two of the main hoaxes which are yet again pushed out, this time by the Netflix team.

False Charges And A False Verdict Against Dr Mignini Were ANNULLED

Annulled means “wiped off the books” as the Supreme Court’s First Chambers wiped off the books most of Hellmann’s appeal verdict in 2013.

Read the whole arc of this case from 2010 to 2013 here and here and here.

The year 2013 was the year BEFORE Morse’s dishonest tweet. Both the rogue prosecutor and rogue judge took considerable hits.

By then it was extremely well known why and how Dr Mignini was set up, and why the Florence Appeal Court and Supreme Court not merely arrived at a not-guilty verdict but annulled the verdict of the rogue Florence Court.

Dr Mignini Has Never Consulted A Psychic, Never Claims Satanic Plots

Take a look at what Dr Mignini himself wrote to Corriere on this in 2013. This was translated and posted here three years ago.

To the editor of Florence Corriere

Dear Director,

I am Giuliano Mignini, the magistrate who performed the investigation and trials of first instance and appeal in Perugia against the people accused of the murder of Meredith Kercher, as well as the investigation into the death of Francesco Narducci linked to the one performed by the Florence Prosecution Office in relation to the masterminds of the “Monster of Florence” murders.

I saw reported the interview that the journalist Mario Spezi – a person accused in the Narducci case – did with Amanda Knox, a main defendant in the appeal trial that will start today – published in the Corriere Fiorentino on Sep. 29.
 
In two recent cases the Court of Cassation has annulled verdicts, which acquitted Knox and Sollecito, and which decided [by Judge Micheli] a dropping of charge against Spezi (the parts regarding ‘lack of certainty about malice’ were annulled too).

Therefore I don’t need to add anything further on that point.  Instead, I need to point out the falsehood of an assertion which Mr. Spezi makes at the beginning of his article, as he tries to explain the reason for a link which, in his opinion, allegedly exists between the two cases, the one related to the Monster murders and Narducci’s death, and the one about the Kercher murder.

Mr. Spezi’s text says: “… a strangely similar background, for two different cases, behind which the magistrate thought he could see satanic orgies on the occasion of Halloween for Amanda, and ritual blood sacrifices as a worship to the Devil in the Monster of Florence case…”.

This is an assertion that Mr. Spezi and crime-fiction author Douglas Preston have been repeating for years, but does not find the smallest confirmation in the documentation of the two trials, nor in the scenario put forward by the prosecution in which the Meredith murder (which didn’t happen on Halloween but on the subsequent night) was the consequence of a sex hazing to which Meredith herself did not intend to take part, and, above all, it was the consequence of a climate of hostility which built up progressively between the Coulsdon girl and Amanda because of their different habits, and because of Meredith’s suspicion about alleged money thefts by Knox.

Furthermore the object of the proceedings in the Narducci case is the scenario about the murder of the same Narducci and the attempt, by the doctor’s father and brother, to conceal the cause of his violent death, and this included the background within which the event – which was a homicide in my opinion and in the opinion of my technical consultant, coroner Prof. Giovanni Pierucci of the University of Pavia – had developed and taken place.

I had already denied several time assertions of such kind, but Mr. Spezi and Mr. Preston, and some people connected to them, go on repeating a lie, apparently hoping that it will become true by repeating it.

Another astonishing fact is that, despite that I was the prosecutor in the Kercher trial together with my colleague Manuela Comodi and then subsequently with my colleague Giancarlo Costagliola [at annulled apeal], and despite that I limited myself to formulating judicial requests which were all agreed to by a multitude of judges and confirmed by the Supreme Court, I am still considered as the only one responsible for an accusation against Ms. Knox and Mr. Sollecito, by twisting its content in various ways.

In the Narducci case, in the same way, I simply limited myself to performing the investigation and requesting the remands to trial, and the trial will have to start again now because the Supreme Court has annulled the dropping of charges [by Judge Micheli] and sent back the trial to another preliminary judge in Perugia.

The purpose – quite overt – of such endlessly repeated lies, is to defame the investigator, picturing him as a magistrate who is following alleged personal obsessions rather than sticking at facts, as instead he is.

The hope that such conscious misrepresentation of reality could bring advantage to the defences (foremost that of Spezi himself) is consistent with a bad habit which has all along flourished in Italy but is now also copied abroad.

Therefore I ask you to please publish my rectification against false and seriously defamatory information.

Kind regards

Giuliano Mignini

Do you know who is most often on TV in Italy DENOUNCING the notion that satanic plots are widespread?  Dr Mignini, in fact. Satanic plots do occur (the MOF crimes are accepted in Italy as one) but they are extremely rare.

Dr Mignini in fact locked up the psychic for false testimony to the police. And as he says, and as a vast volume of documents and media reports and court testimony attests, he never ever claimed anything satanic in Meredith’s case.

Dr Mignini Is Doing Just Fine

Dr Mignini is a huge hero in Italy for getting both the Knox-Sollecito-Guede case right (even Judge Hellmann and the Fifth Chambers did not fully let the perps off the hook) and the Monster of Florence case right.

Meanwhile, the crackpot Stephen Robert Morse who rages incessantly at Dr Mignini looks terrible. Much more to come.


Special credit to Machiavelli, Ergon, the Machine, Kermit, and the PMF Dot-Net crowd, for the guts of this post.


Wednesday, September 14, 2016

Netflixhoax 2: Omitted - Producers Morse, Blackhurst, McGinn Commited Stalking Crimes

Posted by The TJMK Main Posters



Bigotry & stalking for fame & profit: producers Morse, Blackhurst, McGinn


Under Italian law the stalkers Stephen Robert Morse, Rod Blackhurst, and Brian McGinn have committed four kinds of crimes.

    (1) Misrepresenting evidence in an attempt to affect the outcome of an ongoing legal process in Italy.

    (2) Stalking justice officials (see below) in an attempt to affect the outcome of an ongoing legal process.

    (3) Stalking the family of the victim (this is a crime also in England and the United States).

    (4) Stalking members of the media (see further below) including screaming abuse at them in public.





Numerous abusive tweets have been deleted, but these and others were captured, and would weigh against them in court.

@NickPisa “Convinced you’re a heartless tabloid journo, but wanted to remind you that you f*cked up people’s lives:”

@BLNadeau “Reminder: Your quest for the latest, greatest story damaged people. You should be ashamed of yourself:”

@andreavogt “Wanted to remind you that your work seriously damaged many lives & you should be ashamed of yourself:”

Our main poster Pataz posted this about the gang’s harrassment of the Kercher family on his own site.

See “Amanda Knox” producer Stephen Morse’s shocking comment about the Kercher family

Posted on September 26, 2016 by pataz1

Here’s what we know: Sometime in late 2010 or early 2011, “Amanda Knox” directors Rod Blackhurst and Brian McGinn hooked up with Stephen Robert Morse and decided to create a documentary on Knox. Morse and Blackhurst went to Perugia in September of 2011 when Knox’s first appeal was heard. It appears that McGinn may have been with them, and that they connected with journalist Mario Spezi (who had previously been arrested by prosecutor Mignini for interfering with an investigation).

The Kercher family was represented at trial by their lawyer, Francesco Maresca. In Italy, the civil suit happens at the same time as the criminal suit, so Maresca was there to represent the Kerchers in their civil suit against the defendants for Meredith’s death. As a part of the original conviction in 2009, the Kerchers were awarded damages.

Knox’s defenders frequently attacked the Kercher family and their lawyer, Maresca, for the damages awarded to the Kercher family. Knox’s defenders claimed Maresca and the Kercher family were driven by the monetary damages awarded to the Kerchers.

Producer Stephen Morse, while covering the appeals, joined in these attacks on Meredith’s family, claiming the Kerchers were blinded by money.  While covering the appeals, Morse stated his belief the DNA evidence would result in an acquittal. Three days later, while waiting for the verdict, Morse claimed the Kerchers were ignoring evidence. In a tweet (still available Sept 2016), Morse charged the Kercher family with being driven by money:

“i feel for the kercher family but they cannot ignore dna evidence simply because they were awared an 8 figure civil victory. #amandaknox” –Stephen Robert Morse, 3-Oct 2011, 7:57 am.

For US readers, this is similar to claiming the Nicole Brown family was only out for money when they filed their civil suit against O.J. Simpson.

Two of the Kerchers- Meredith’s father John and her brother Lyle- have previously spoken about the symbolic nature of the damages, and that they do not care about the money awarded. In 2009 Lyle told the Guardian “It’s not the case that this has ever been about us seeking money, which is why we’ve been reluctant to do much media stuff throughout. That money will never really change anything in that respect.”

Meredith’s father John Kercher spoke to the Sun after the Hellmann appellate court overturned the trial conviction. He spoke out against potential book and movie deals for Knox and Sollecito:

Kercher explained that their civil claim- and an £8million damages award made when Knox was convicted – were symbolic in Italian law. “I find it distasteful that Knox stands to make millions from what happened to Meredith. I don’t think anyone should make money out of it – not us, not them,” he said.

“How would any parent feel if their daughter’s murder was to be turned into a movie for people’s entertainment?”

“We would not take a single cent from Amanda Knox,” Kercher added.

Nobody has asked yet how much Netflix is paying Rod Blackhurst, Brian McGinn, and producer Stephen Robert Morse for the rights to add the “Amanda Knox” film to Netflix’s library on September 30th, 2016.


Tuesday, December 23, 2014

Calling Planet Knox: Maybe Chris Mellas And Bruce Fischer Need To Rein In Their Crackpot Brigade

Posted by Peter Quennell





Above is Chris Mellas with Curt Knox, who we are told maybe thinks the way-too-rabid Mellases now damage the prospects of Knox. 

Here is some chest-thumping babble on the reliably dishonest website GroundReport by one of Chris Mellas’s crackpot gang, the singularly foolish crackpot Jay.

Today I examine the role of the Italian judiciary in the framing of Amanda Knox and Raffaelle Sollecito for the murder of Meredith Kercher, the skillful way Giuliano Mignini used the Italian media to hold the entire judiciary hostage to his career ambitions, and why I believe the Italian judiciary may finally be ready to fully exonerate Amanda and Raffaelle of any involvement in the murder of Ms Kercher.

This case has been out of the hands of Dr Mignini for over five years - if it ever was fully in his hands. He initially took a decidedly mild stance against Knox, who he thought, through drugs and mental problems, had got in over her head and Meredith’s death was not planned.

In fact from the day after Knox’s arrest the no-nonsense Judge Matteini and Judge Ricciarelli led the case all the way to trial. They got all their information directly from THE POLICE. In light of hard evidence and a psychological report they insisted a potentially dangerous Knox be kept locked up. In April 2008 Cassation very strongly agreed.

Pretty bizarre to see a Mignini witchunt in this, or a judiciary about to reverse itself on years of meticulous work.

At the time of the Meredith Kercher murder on November 1, 2007, the Italian judiciary was was locked in a struggle with the Perugian prosecutor Giuliano Mignini. Mignini was facing charges for abuse of office, relating to his ‘Narducci Trail’ investigations.

This is more chest-thumping babble by the crackpot Jay. Dr Mignini rarely even talks to the media and he is regarded by good reporters as especially careful with the truth. The Italian justice system is not only one of the world’s most careful and most pro-victim-rights, it is very popular and trusted in Italy second only to the President who is also the Justice System’s top dog.

Dr Mignini’s past caseload as a prosecutor was quite mundane as Kermit’s meticulous and powerful Powerpoint showed. Perugia and its region of Umbria are among the most prosperous and least crime-ridden in Italy toward which the very popular Dr Mignini contributed a great deal over the years.

Dr Mignini rose to his present seniority of Deputy Prosecutor-General in Umbria because on his merits he consistently excelled. He is often on national TV (among other things ridiculing conspiracy theories and the too-ready blaming of crimes on satanism) and has high-level professional friends and supporters throughout Italy, not least in Florence where he has known senior colleagues since law-school.   

Mignini and his colleague Michele Giutarri had both been indicted after Mignini had Mario Spezi arrested and briefly imprisoned, in connection with the Monster of Florence crimes. Spezi was released just three weeks later, after an intense media campaign by his writing partner the American author Douglas Preston.

But rather than back off of his satanic sect Narducci trail investigations, Mignini instead plowed ahead with still more satanic sect cases. At the time of the Kercher murder, Mignini had a case unravelling in Florence against a pharmacist and friend of Spezi’s named Francesco Calamandrei.

When the Calamandrei case was dismissed in 2008, Mignini pressed his next ‘satanic sect’ case against the 20 innocent people in Florence, including Spezi and members of the Narducci family. Mignini had also tried at first to link the Kercher murder to “rites related to Halloween”.... It is these two convictions, these two false convictions, which the Italian judiciary is in my view trying so desperately to protect.

More chest-thumping babble by the crackpot Jay. The vast majority of Italians believe the truth of the Monster of Florence case is as set out in the exceptional book Il Mostro by Michele Giuttari in which there really was and is a shadowy group. It was for proving this that a desperate Florence prosecutor took Mignini and Giuttari to court.

We have shown repeatedly that the fading fiction-writer Preston often does not tell the truth. After his near-arrest for falsifying evidence to seek to make Spezi and himself world-famous for “solving” the MOF case,  Preston took off out of Italy like a terrified rabbit and has tried to prove he actually has a backbone ever since.

Italians know that in his one brief formal interview with Dr Mignini Preston melted down. He blubbered and wailed while he lied and lied, and was considered so incompetent and naive he might as well be given a break.

Here from a public document arguing for custody of Mario Spezi (the “brains” of the two, if that is not a stretch) is a conversation between the publicity-hungry Inspector Clouseaus (through public sources we have also obtained the tapes) thinking here that they have made the cops look like foolish dupes:

[The word “passeggiata” (leisure walk) in the context of these statements makes little sense literally; in fact, it is a code word by which both Spezi and Preston mean the police visit to Villa Bibbiani that Spezi and Zaccaria are plotting to trigger by way of a letter they wrote reporting false incriminating testimony, and by way of which they expect the police to find the false pieces of evidence contained in six boxes that they are going to place in the villa. Preston is aware of this intended fraud, and he is happy about it, because he presumably expects that from such an operation their “Sardinian track” theory would gain visibility as a media scoop and he and Spezi would become world-famous from it, sell a lot of books, and make a lot of money out of it. So “passeggiata” is really the police eating their bait, going there, and finding their forged false evidence in the house.]

In conversation n. 17077 of Feb. 18. 2006, PRESTON calls Mr. SPEZI, who informs him, expressing satisfaction:

“We have done everything.. I mean… we went and we did it…  you know my telephone is ugly [sic]…”

and Mr. PRESTON, still in a chummy and allusive tone:

“Oh yes, I understand perfectly, yes, hey… the… the… the ‘passeggiata’ isn’t that… isn’t that… we have …  someone has done the ‘passeggiata’?”

and the journalist pointed out, interspersing that with chuckles of satisfaction: “No, no, no, but… they are going to do it!!”

and Mr. PRESTON: “Yes, yes… but… isn’t that interesting wow….”

and Mr. SPEZI: “…. We told them to do it !”

At PRESTON’s question about when they would be going to do the ‘passeggiata’, SPEZI answers: “Well… I don’t know but I hope soon” and at a further question by PRESTON, he says: “In.. within.. within the 24th”

SPEZI again answers: “I hope yes”, laughing.

Then, Mr. Preston adds: “It’s fantastic!... Oh the end maybe, I don’t know but…”

and Mr. SPEZI: “That would be beautiful!” still sniggering, and Mr. PRESTON agrees enthusiastically.

After his charging, in conversation n. 17231, Mr. PRESTON calls SPEZI and tells him that they need to speak about it in person.

The criminal operation stands out even more egregiously in conversation n. 16950 of February 13. 2006, between Mr. SPEZI, the deviser of the plot, and his right hand man Nando Zaccaria; and when RUOCCO gives Mr. SPEZI “information” about the name of the person who allegedly attended the villa, Mr. SPEZI himself calls Mr. ZACCARIA, and, while making him understand that Mr. Gianfranco Bernabei had already been contacted and the report-complaint had been given to him, he adds: “So he called me.. not him Gianfranco… the other guy, we have an appointment at 2:30pm, because he knew about the name”; and ZACCARIA cries out: “Beautifullllll!” with satisfaction.

In conversation n. 17095 of February 19. 2006, Mr. SPEZI calls Mr. ZACCARIA again and urges him to explain him (to the Flying Squad chief) thoroughly about the “six small boxes”, that is to convince him that the objects are related to the murders. Mr. ZACCARIA tells him that he already explained it to the other guy and says: “If they go there they must look very well.. at everything…”, and Mr. SPEZI: “What I mean to say… if he finds a hairpin this doesn’t mean anything to him…”, making him understand that he will need to “work” him out.

Mr. ZACCARIA adds in the end: “Then I told him, well while we go… when it’s… when you are going… he says anyway he advises us”. Mr. SPEZI says he agrees and Mr. ZACCARIA reassures him saying he [Bernabei] doesn’t know anything about the case and never dealt with it, then he complains about that the nowadays officers are incapable of doing their job. Thus the chief of the Flying Squad, Dr. Fillippo Ferri, will need to be led by “malicious” Mr. ZACCARIA. Then Mr. SPEZI asks Mr. ZACCARIA to advise him when he goes there (to the Villa). Anyway we remand to the unequivocal content of the conversation, at pages 6, 7 and 8 of request n. 114/06 G.I.De.S.

Back to analysing more from the crackpot Jay.

And Mignini, by continuing to file ‘Narducci trail’ cases, and invoking the same ‘satanic sect’ conspiracy theory, was holding the judiciary hostage to his unprincipled career ambitions.  The challenge Mignini presented to the Italian judiciary, was how to stop Mignini’s witch hunt of innocent citizens, without also discrediting the ‘satanic sect’ convictions of Vanni and Lotti in the Monster of Florence cases.

The task of acting as a kind of judicial baby-sitter to Mignini, fell to Judge Paolo Micheli [who] presided over Rudy Guede’s fast track trial in 2008 – which was also the pre-trial hearing against Amanda Knox and Raffaelle Sollecito, to certify the case against them as warranting a full trial. The challenge for Judge Micheli, was to walk Mignini back from the edge, but without so completely devastating Mignini’s reputation, that the public might begin to question the validity of the satanic sect theory which had been used in the convictions in the Monster of Florence murders.

This is 180 degrees wrong. Judge Micheli is believed to have been leaned on but ultimately the courts at all levels came round to confirming that Dr Mignini had no choice but to act and he acted quite right. The notion of a satanic sect goes way back and Dr Mignini was more doubtful about it than most.

Judge Micheli’s ruling was scathingly overturned by Cassation, and some of the cases against malicious meddlers were resumed. Spezi has been in court after court - just a couple of weeks ago, he lost yet another defamation case brought by Michele Giuttari.

But Judge Micheli allowed Mignini’s case against Knox and Sollecito to go forward to trial. Had Judge Micheli simply done his job, properly heard and investigated Mignini’s case, the only fair outcome would be full dismissal. What Mignini has pulled off is a kind of blackmail. Mignini wanted his promotion at all costs, and was willing to convict and imprison dozens of innocent people to get his way. Amanda and Raffaele are only two of Mignini’s more recent victims, but there are scores of damaged lives left behind in the wake of Mignini’s lust for career advancement.

The crackpot Jay has defamed American prosecutors too? Probably not. Typical of the cowardly Mellas-Fischer gang he writes in English in the United States in a language and from a distance which makes him feel safe. Dr Mignini has zero record of overzealous or wrongful prosecution, and very, very few cases reversed on appeal, and nobody at all in Italy would buy this defamatory crap.

After Michelli dismissed the case against the Florence 20 in 2010, Judge Hellman’s appeal court fully acquitted Amanda Knox and Raffaelle Sollecito for any involvement if the murder of Meredith Kercher in October of 2011.

Hello?! Hellman’s verdict was ANNULED for terrible law, and for illegally trying to repeat the complete trial (absent the witnesses, who he ridiculed) instead of sticking to the few points that had been appealed. Cassation annuls very, very few cases, and reversing this corrupted overstretch was universally seen in Italian law circles as right.

Extraordinarily, Judge Micheli waited over one year to release his motivation report, only doing so about two months after the Hellman court released its motivation report in favor of acquittal. Motivation reports in Italy, are normally due in 90 days. I believe Judge Micheli’s delay in releasing his motivation report, was to allow him the opportunity to conform his report to that of Judge Hellman.

Good grief. What is the crackpot Jay on about here? Judge Micheli was leaned on, and he knew he had got the law wrong, and he presumably expected to be overturned - which Cassation very scathingly did. No wonder his homework was not handed in on time; he feared losing his job and serving time.

The Narducci trail case of the Florence 20, was sent back down absent the element of criminal conspiracy among the defendants. In essence, the case was rigged for dismissal, a fact confirmed by Michele Giutarri in a magazine interview earlier this year. Whereas the case against Ms Knox and Mr Sollecito was rigged for conviction.

A previous cassation ruling against Rudy Guede in his fast track process where Guede’s defense waived the right to challenge the evidence, determined that Guede had killed Meredith along with others. Cassation ruled that Knox and Sollecito’s trials should be bound by that finding, which is grossly and patently unfair.

There was nothing unfair. This is a foolish meme. Cassation simply ruled that two others had been involved and that had been proved. It was proved in the 1/4 of the trial that was held behind closed doors where two recreations connected all the dots of the vicious 15-minute taunting attack on Meredith. Both defenses without argument accepted this.

As irrational as the cassation ruling overturning the Hellman acquittal may seem, there may be a deeper reason behind it. In an article from CBS news earlier this year, Doug Longhini writes: “Following the verdict, judge Hellmann didn’t pull punches.  He declared: “the evidence was nonsense.”  Suddenly, several prosecutors and judges became the targets of criticism claiming they had mishandled the case from the beginning.” ...

For his part, Berlusconi and his party were at war with Italy’s prosecutors and judges.  The Prime Minister was trying to reign in their investigative powers.  Prosecutors, for their part, were trying to put Berlusconi in jail.”  Seen in this light, the court of cassation reversing the acquittal of judge Hellman is not an act of judicial wisdom, but one of self preservation. To avert a political investigation among their own members, Italy’s court of cassation had to reverse Judge Hellman’s acquittal.

The addled Doug Longhini is consistently out to lunch both on the excellent Italian system and the Perugia case as have been the entire CBS team - no wonder they have said very little for several years.

The courts at all points have simply done the right thing and public opinion has been very solidly behind them. Almost every Italian knows that RS and AK carried out the attack. The courts are not in self-preservation and charges against the toothless Berlusconi still stand.

One can sense the political pendulum swinging first in favor of conviction, then back towards acquittal, then back again towards conviction. And events that unfolded just this year, cause me to believe that the Italian judicial-political pendulum is once again swinging back in favor of acquittal. Giuliano Mignini has received his promotion. In his new role, he will never again prosecute a case or lead an investigation, he is only allowed to sit with other judges on appeals courts. So the judiciary can be confidant there will be no more Mignini led witch hunts.

Only recently in the past few weeks, the last of the criminal charges against Mignini have been allowed to languish, due to statute of limitations. So Mignini is out of legal jeopardy.  Despite the fact that the only trial on the merits resulted in a conviction and jail sentences for both Mignini and Giutarri, neither will be going to jail, or being held accountable for the crimes they were found to have committed at their first level trial. In the end, it may be said that the Italian judiciary found it easier to promote Mignini, then to jail him

More babble. Dr Mignini was NEVER in legal jeopardy as everyone in Perugia knew - a judge had signed the wiretap of the prosecutor who unwittingly confirmed a Florence cabal and Dr Mignini and his boss and all his colleagues KNEW he would overturn the spurious conviction on appeal.

Dr Mignini did overturn the verdict in Florence on appeal - the appeal judge’s ruling was the hardest-line “there is no case” - and as with ex-Judge Hellmann, both the rogue prosecutor and the rogue trial judge are now out.

Dr Mignini commendably kept pushing back and he won and won and won against the malicious meddlers in the MOF case. On 3 December the great reporter Andrea Vogt posted this:

Those following the side trials that have spun off or become entangled in the Amanda Knox trial might be interested to know that the now infamous and often-cited abuse of office investigation against Perugia prosecutor Giuliano Mignini, which once made such big headlines in the U.S. and UK media, has officially resulted in no charges, and the investigation has been closed.

An initial conviction stemming from 2006 wiretaps and the Monster of Florence investigation was overturned and annulled in Florence on appeal [in 2011]. The court ordered that the case be transferred to Turin for any future investigation. Earlier this year he was acquitted of nearly all the accusations.  The Turin court on Tuesday chose to shelve the last remaining question regarding the wiretapping of a La Stampa journalist earlier this week, ruling it was time barred.

The court’s ruling finally settles the long debated question of Mignini’s record: He has no abuse of office conviction, and there is no longer any active investigation into such allegations.

The other protagonist, Mario Spezi, on the other hand, still has quite a few problems on his hands. His 2006 arrest eventually resulted in the high court (cassation) ruling No. 865/2013 deeming that the following crimes occurred: aggravated interfering with public investigation from Febuary 2004 to summer 2006, aggravated attempted judicial fraud between February and May 2004 and aggravated slander and defamation for naming Antonio Vinci as linked to the Monster of Florence homicides in 2006.

For this last charge, Spezi could be held liable in civil court. But he will never be sentenced for any of these crimes, because after the cassation sent it back down for trial at the appeal level, the appeals court in Perugia shelved the case, ruling that the statute of limitations had passed for any further prosecution. And once again, true justice grinds to a halt, caught up in the gears of Italy’s slow and messy system.

In the meantime, Spezi’s faulty thesis on the Monster of Florence case has landed him in court in several other jurisdictions, where ex-Florence homicide cop Michele Giuttari has been pressing forward with slander and defamation charges related to accusations made about him in his now discredited Monster of Florence yarn that Spezi and his American co-author, Douglas Preston made into a bestseller, pinning the blame on an innocent man in the process. [Bold added here]

And so the plot thickens.  Giuliano Mignini was made into a convenient media villain when a high-profile American was being tried across the courtroom from him . . . on trumped up allegations that have since fallen unceremoniously to the wayside. Amanda Knox and Raffaele Sollecito, who Mignini initially prosecuted, await the decision of their final appeal before the court of cassation in March 2015.

Back to analysing more from the crackpot Jay.

In short and to sum things up: Mignini has gotten his promotion which he valued above the liberty of the innocent; Mignini’s Narducci Trail investigations are over for good; the Monster of Florence convictions against Vanni and Lotti claiming their participation in a non-existent satanic sect are safely in the past; and the war between the Italian judiciary and Burlesconi is in a state of a truce.

For all of these reasons, I believe the pendulum of Italian politics has again swung in the direction of acquittal, and the Italian judiciary is once again in a position to finally recognize, and exonerate, Amanda Knox and Raffaelle Sollecito.

It may be a good idea for the crackpot Jay to not hold his breath on this. Cassation and the Florence appeal court have been the most hardline on this. And it was Judge Matteini with the police not Dr Mignini who drove the case forward in 2007 and 2008. As explained above, Dr Mignini had almost no guiding hand, and on 17 December 2007 gave Knox a real break. A shot to get herself off - which she herself tanked.

Prior to that long conversation with Knox on 17 December at her request, where Dr Mignini played eminently fair and she had to be stopped as she was incriminating herself, they had barely spoken any words. Once briefly at the house on the day of the crime, once briefly when Knox was shown the knives, and once briefly when Dr Mignini presided over the reading of her rights on 6 Nov. That was it. From the post directly below, see also this:

In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.

As explained near the top here, from 7 November it was Judge Matteini and Judge Ricciarelli, not Dr Mignini, in the saddle, and they got all of their information directly from the police. Prior to the Guede and Knox/Sollecito trials Dr Mignini did not guide the process, impossible though that seems for the Mellas/Fischer crackpots to believe.

These facts, and in conjunction with the ECHR soon to take up the conviction of Ms. Knox for Calumnia in the European Court of Human Rights, provides the Italian Court of Cassation, in March of 2015 when they hear the appeal from conviction of Knox and Sollecito, with the opportunity and incentive to quietly discharge the case, and reinstate the verdict of Judge Hellman, finding that Knox and Sollecito are innocent of any involvement in the murder of Meredith Kercher, and innocent of the crime of ‘staging a crime scene’ because the crime does not exist.

Reinstate Judge Hellmann?! He is being investigated for his suspect role in bending the 2011 appeal right now! Again, it may be a good idea for the crackpot Jay to not hold his breath on this.

The appeal to the ECHR in Strasbourg is dead in the water because Knox herself made up all the claims of the supposed violations of her human rights. She has ZERO case. Read this series here.

By the way, for his wild defamations and his contempt of court, Crackpot Jay opens himself to the exact-same charges Knox and Sollecito and Knox’s parents and Sforza all still face. 


Thursday, October 30, 2014

Why Numerous American JUDGES Favor The Supremely Neutral Italian Kind Of System

Posted by Peter Quennell



See that above at the bottom of the YouTube screen? Some $280 million has been spent since the year 2000.

Can you guess what the $280 million was for?

In fact the $280 million is funds raised and spent for judges’ election campaigns in the roughly 3/4 of all American states where such judges’ elections are held - the original intention of which was good: to get judicial choices out of smoke-filled rooms.

Sitting judges and prospective judges themselves usually dont like this fundraising, because they have to take time off to raise these funds,  and pressures from donors - including bad-boy donors and in some cases defense lawyers seeking a break - can become extreme.

We have posted previously on enlightened American lawyers favoring main aspects of the Italian kind of system and on American cities now doing the same. Now we see many American judges and public-interest groups inclining the same way.

Why all judges in Italy are impartial and well-trained in the extreme (like all prosecutors) and dont have to keep their paws outstretched is that they are in a merit-based system where only their performance and not their politics counts.

We described how Italian justice system officials have to jump hurdle after hurdle in getting their cases advanced. A very demanding process in which only the best succeed.

It’s the same with their careers. They have to jump hurdle after hurdle in exams and peer assessment to advance from level to level - to make it as high for example as this revered prosecutor here.

Do such serial defamers of the Italian system as Doug Preston and Steve Moore and ex-judge Michael Heavey bother to tell you this about the Italian system? Probably not. They have never been truthful about it before.


Friday, July 25, 2014

Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made

Posted by Peter Quennell



Bergamo in the foothills of the Alps where the journal Oggi is published


Yesterday’s post quotes some statements that Sollecito has already started winding back.

For Raffaele Sollecito that marks a significant first. Amanda Knox still seems headed the other way, pouring yet more gasoline on the flames.

Yesterday’s post also mentioned the growing pressure the Italian system is asserting to surface and adhere to the truth. When Cassation rules as widely expected, that Knox’s and Sollecito’s appeals did fail in Florence, and off back to prison they must go, Italy probably wont stop there.

It needs a single truth to stand at the end of the day, and in the courts is how its inquiry-based system arrives at that truth. More prison time is probably ruled out, but there should be some big fines. And that truth.

Sollecito wrote those claims quoted yesterday only in English, of course, exclusively for English-speaking audiences. There are no editions in any other language, certainly not Italian.

The only claim of those quoted yesterday that is widely known in Italy is Sollecito’s false charge, challenged on national TV, that the prosecution offered him a deal for his turning on Knox. That was one of his many claims accusing Italian officials of crimes. All his other claims are still sleepers in Italy.

Sollecito’s father Francesco was asked on national Italian TV why the book was not written or published in Italian. He awkwardly replied that no Italian publisher was interested; he didnt name even one that refused.

He didnt explain why it was written on the US west coast with the help of a British-born shadow writer (an unfortunate choice: Gumbel himself seems to have a big chip on his shoulder about Italy after his stay there, like Peter Popham and Nina Burleigh; unusual but it happens).

So, with no Italian version, what passages in what language were those Italian publishers if any shown?

Not much liked in Italy, Sollecito has been trying to burnish his image there since 2008 when he began writing diary-type reports on several websites.

Passages from the book put into Italian by the Republic of Italy for his book trial in Florence could come to irritate many Italians, and really rain on his parade in the months coming up.

Good reporters should perhaps press Knox to release the Italian version of her own book and let Italy have a close look.

It was yanked from publication at the last moment (like the UK version) when the US edition came out. Some excerpts were put into Italian by Oggi. See our own rebuttals here.

Their publication along with some other articles has resulted in both Oggi and Knox facing a trial in Bergamo. The statute of limitations on the entire book itself expires in 2017. If and when Italy targets all of Knox’s malicious claims she could find her parade rained on too. 

Both books are available globally in the Kindle edition and so a few English-speaking Italians have read them that way. The only version of Knox’s book that was officially sold in Europe was in German. There’ve been no others so far though a Spanish translation may exist.

None of the other English-language pro-Knox books have been put into Italian either. In fact the only book translated into Italian that takes Italy to task is The Monster of Florence by Spezi and Preston - and that one is quite different (very toned down) from the edition in the UK and US.

Back here on Planet Earth, various objective books on the case have been written and published in Italian, which kinda shoots Francesco’s claim in the foot that there is no interest among publishers there.

Those books are mostly quite classy affairs, carefully researched. All the books (like TJMK) essentially concentrate on explaining the prosecution’s case in depth, and those from late 2009 all saw “case proven” after the Knox and Sollecito lawyers put on an ineffective defense.  There isn’t even one which says Italian officials maybe got it wrong.

The Knox people sued Corriere for damages over the Sarzanini book and in the third round won, but that was only because the book published excerpts from Knox’s prison diaries - which her own people had put around - which invaded the privacy of others she mentioned.

The Sarzanini book is still on sale in Italy and was not ordered withdrawn, so Knox at most won half a loaf via her case.

Our main poster Yummi has at various times pointed out that over 100 prosecutors and judges have been assasinated in the anti-mafia fight.  Hate stirred up in the US for Italian officials is of real concern, because it could have a nut with a gun headed to Italy to “even the score”. Hate messages have been received.

Hate is still being perpetually beamed at the real victim’s suffering family as well. That started way back in 2008. There is zero precedent for that - in fact the US and UK and Italy all have strong anti-harrassment laws.

So Knox and Sollecito, and by extension Sforza and Fischer and Moore and so on, will face put-up-or-shut-up time in court on a whole row of claims which appear to Italy malicious and wrong.

Italy wants a searchlight cast on those.  It is for this reason above all that the book trials will take place. To wind back the hate, and to cast light.

This whole publishing scene (really two parallel publishing scenes) is absolutely unique in the world. It shows in stark terms the cowardice of the “public relations” wave of defamation which Curt Knox brought alive in 2007 and beamed away from Italian speakers.

No wonder Amanda Knox could not bear to head for Florence late last year for her own appeal - or “new trial” as she still seems to suppose. Her team has burned too many boats.

Gee thanks dad for that….


Monday, June 30, 2014

Apart From Cassation’s Unyielding Mandate, More Problems With The Belated Sollecito/Bongiorno U-Turn

Posted by The TJMK Main Posters


1. The Appeal’s Grounds For Separation

That bizarre infatuation of Bongiorno’s with Knox as Jessica Rabbit is clearly long-gone.

Now the poor boy was home alone and the absent Miss Rabbit had reason and opportunity. Tiziano posted these ten translated points from the new Sollecito appeal to Cassation, which seems to have the highly nervous Knox camp’s tongues tied.

Among the numerous flaws the proceedings appealed against present, the one linked to the claimed impossibility of differentiating between the two accused stands out.

On this point the Appeal Court denied any in-depth analysis at all of the individual roles - an investigation urged by the defence - avoiding taking any position about alternative constructive hypotheses.

10 points are enumerated by the defence in this regard:

- AK’s memorial referring to events at via della Pergola was in the singular

- AK reported receiving SMS not to go to work from Lumumba, but went out just the same

- AK admitted having lied to RS

- RS did not calumny anyone: the accusation against PL was never confirmed by RS

- AK in her memorial positioned only herself at the crime scene at the time of the scream

- only AK’s blood was on the knife blade

- no mixed traces RS/MK were found and highlighted by luminol in the house

- Quintavalle claimed to have seen AK the morning of November 2nd, not RS

- RS did not know RG and had no reason for wanting MK’s death

- the alleged bad relations and the question of disappearance of money regarded only MK and AK


2, Popper Explains Why They Will Go Nowhere

Popper the highly informed Italian commenter on TJMK and PMF has explained on a previous post why this will fall on deaf ears in Cassation.

if RS said something he has not said before it would make no difference now. No more evidence can be admitted at the trial.

Fase istruttoria is over as judgement of merit.  Cassazione can only respond on points appealed and they must be points of law otherwise they are not admissible. Defendants do not talk in hearing.

Once they are convicted, for example, if he had new information on the case and new evidence that proved (in a convincing way) he is not guilty, he could ask for revisione, basically a review of the trial.

He clearly has nothing to say though ... if he said she went out, judges knew that already. If he said that night he was in Milan and could prove it conclusively, that could trigger a review of a final sentence.

We are clearly talking in theory, no such thing will happen.


3. Could The 10 Points Have Worked Previously?

If Judge Nencini was still in the saddle could the ten points have had merit?

Our continuing Interrogation Hoax series has been hammering on the fact that on 5-6 November 2007 quite unpressured Knox herself did state that she went out alone without Sollecito on the night Meredith was murdered. 

But these ten cherrypicked points above and a claim that RS was not even at Meredith’s house that night are self-destroying over-reach. They would not have caused a win or partial win for Sollecito. Not one of them stands up as a get-out-of-jail-free card upon close readings of the reports of Judge Massei and Judge Nencini.

The lower courts did NOT deny analysis of the individual roles - the two themselves opted to be tried together, while Rudy Guede, fearing two snakes, chose to be tried separately.

WHEN did the defense urge investigation of their differing roles? What did the Massei trial court miss? It had many months of the sight of Sollecito - sitting there sulky, saying little, not taking the stand. Yes, not assisting Jessica Rabbit with an alibi, but that was not so obvious.

The wounds on Meredith and the evidence points in Meredith’s room point overwhelmingly to three attackers. They prove the use of two knives from opposite sides. It was Sollecito’s knife that was used for the fatal blow; that remains unshaken - actually, more confirmed by the Carabinieri.

See Ergon on the implacable knife evidence. Sollecito was the knife fetishist, and the one who was already into the cocaine or crystal meth that Knox was probably on judging by her telling smell the next day, her bizarre behaviors through the week following, and her odd money trail.

See the implacable evidence against him on the bathmat by SomeAlibi and Yummi.  That footprint had to have been imprinted within a few minutes of the end of the attack on Meredith.

After the hijacked Hellmann appeal in 2011 Sollecito was deeply craven to Knox and her family and entourage on the US west coast. Craven to the extent that his own family (which despises the Knox-Mellases and blames Knox for his predicament and their lost name and enormous expenses) once hurriedly hopped on an aircraft to Seattle to enforce their separation.

Sollecito’s hapless book-agent Sharlene Martin and shadow-writer Andrew Gumbel both live on the West Coast and Knox’s radioactive FOA obviously provided most of the malicious fantasy that constitutes his defamatory book.

Playing chicken with the Italian justice system is notoriously suicidal. The crazy aggression of the Prestons, Fischers and Moores did not help Sollecito at all at the Nencini appeal (though it helped Knox even less - she got handed the longer sentence.)

The gods-in-their-own-minds in the FOA got Sollecito no US job and no US viza. The email to Judge Nencini and the appeal to ECHR and the promised fight against extradition for Knox are to him merely insults, and attempts to separate Knox off.

So, back in Italy, he is confused, let-down, disgruntled, and loaded for bear. Knox was the loose canon in 2007, Sollecito is the loose canon now.

Here is a key exchange between our main posters SeekingUnderstanding and Hopeful from previous threads.

4. Take On RS Now By SeekingUnderstanding

[t does seem so very sad and frustrating that Raphaele did not open the window of opportunity, as Judge Nencini tried to nudge him to do, just before Christmas.

He is less easy to read than Ms. Knox , for a number of reasons - more introverted, less articulate (certainly in English; but he also doesn’t seem expressive in his own language), and because of the psychology itself.

You may remember I suggested AK finds it unbearable to acknowledge her darker side, to own her projections; unbearable to be thought of as ‘a monster’, to be unlovable, or indeed hated by people. This may be a strong component in her lying.

I believe Raphaele also finds things unbearable, but whereas Amanda appears to turn this unbearable feeling into lashing out to others, - I think in Raphaele, he finds himself and ‘what has happened to him’ (passive aggression) unbearable. His judgement has not only been poor, but catastrophically poor, - and he must know this. One wonders why the self-destruct.

He knows his life is ruined, and he knows his appalling judgement was instrumental. He truly doesn’t have confidence in himself, but bluffs anyway. His ‘ex’, by contrast,has too much. If only she could have self-doubt, and feel shame.

He is not unintelligent, by no means, yet his choices and decisions at times have seemed near idiotically stupid. So there must be something else going on, something deep in his psyche that causes such confusion in his mental and emotional universe.

He seems unable to organize his emotions. He appears to want or expect or need a woman to ‘sort them out’ (sort him out). His relationship with his mother would probably reveal the source of this. How did she manage her emotions? Or did they rule her? . These are the sort of questions I might be asking. He seems overwhelmed, swallowed up by the juggernaut that AK set in motion.

Was his mother easily overwhelmed by life’s problems? Something has gone wrong (drastically) with a healthy model for his ‘anima’.

Where Amanda is the arch manipulator, he is highly manipulable. He seems to copy. Like her, his self-identity is weak, but for different reasons. Drug use, I would suggest, has been both crucial and disastrous for his mind. From this point of view, prison will be a constructive environment for him, (as AK too). Perhaps without the distorting and illusory aspects of drugs he might begin, over many years, to experience true spiritual (and therefore moral) issues.

I always think drugs give a delusion of spiritual experience (‘the highs’),  - wanting them can be (for an introvert) indicative of longing for something more spiritual, but using them will actually prevent such an experience, emphatically.

So then there is bitterness and emptiness, as well as despair and, still, confusion. Thus the addiction which starts as a cycle in the mind.

I knew a psychologist who worked with highly motivated and successful people in the Arts - people who would have burn out, creativity, and performance issues. He was extremely clever. But he was adamant that there had to be a hierarchy for dealing with problems.

That is to say, if someone was using drugs and/or alcohol to the point of misuse (extremely common in the performing arts), - this problem had to be mastered and dealt with FIRST, before anything else could even be addressed. This may seem irrelevant (as Sollecito hasn’t shown he is creative), - but I would
say the signs are that his past (and current?) drug use needs to be sorted before anything else can possibly be.

Such a destructive shame that this has all dragged on for 7years.

I don’t think he has any idea as to how to give a ‘press conference’ - even supposing , by a miracle, he was going to tell the unadulterated truth. He is way out of his depth. I doubt he has sufficient communication skills in his own language, let alone In English for the American media.


5. And The Take Of Hopeful On RS Now

As he is back in the spotlight for the July 1 press conference, your observations about him are timely. He does seem more introverted than Knox, and less articulate. Correct me if I misinterpret what you said about him, that rather than lash out at others aggressively like Knox does to disperse and blame others for her awful feelings about her dark side, Sollecito does the opposite and feels the weight of shame but turns the unbearable feelings inward. He is poster child for passive-aggressive.

I also believe he does have a sense of deep loyalty and faithfulness to his family, since his father has never abandoned him nor did his mother. He has misplaced loyalties at times, and combines a stubborn streak with false sense of need to persevere after he has made wrong steps.

This comment is mainly a review of what you conclude about Raf, but bears repeating. He is ashamed of his “catastrophically bad judgment.” I agree, his pride is wounded, his vanity more than his love for Knox.

I believe Raffaele sincerely regrets what he realizes he has done to his own family, but still can’t quite confess it. Maybe part of him is sorry but part of him is secretly glad he is controlling his father’s destiny, in punitive action for divorcing his mother. He also sent his sister’s career down the cliff. His sister is really to blame for that so with true passive-aggressive deceptiveness he can hide his responsibility for it while causing it.

His wanky emotions have made a trainwreck of his intelligence and caused him to do “idiotically stupid” things and self-destruct.

His drug use to relieve inner confusion caused by lack of self-identity is a coping method that does more harm than good. His patience is more of a drug stupor that makes him slow to act, than real gritted teeth patience, which may be why we’ve waited this long (6 years) for him to reveal the truth about Knox.

He stayed in a cloud of marijuana until she came along. She liked the drugs, too. He allowed her to set the course of his life because he needed or wanted a woman to sort out his emotions. Maybe he was competing with dad with a new hot blondie, too. He didn’t fathom that Knox would become so extreme and so terrifying.

He underestimated Knox, and she saw she could manipulate and destroy him with one hand tied behind her back. She reveled in the besotted weakling, and she felt superiority over Guede too, and soon despised them both. She wouldn’t fall into some darkened room or quiet void of depression like Raffaele’s mom had done giving up on life. The insulated quiet Italian boy raised scrupulously did not see that with Knox he would be “swallowed up in the juggernaut AK set in motion”. He wanted her power and excited vision, but he couldn’t understand her mental illness that went with it. Love is blind.

As long as he could blame her and not himself maybe he was OK with it, especially with drugs to dull the pain, until he felt the full impact of her punishment and years later her treachery. Finally he grew a brain and saw it was Knox who betrayed him, not vice versa. Maybe the press conference is to set that straight.

His drug use got him through much of his first year of prison when he lost all sense of time and space. He was a basketcase. He probably used meds his last 3 years behind bars as well. Perhaps Dr. Sollecito saw that his son got legal prescriptions for him, maybe even purchasing prison favors that way, who knows?

Maybe Knox scoffed at Raf’s crutch, and she continued to compete with him behind bars. She scoffed at her mom for taking antidepressants. Knox had no room to talk as she herself was reportedly a massive drug user at UW and in Italy found a job where liquor flowed.

Has Raf continued the drug use? Does Greta his new girlfriend use drugs? Or has he sworn them off motivated by anger and determination to clear his head for his legal fight?

The concept of “anima” is unknown to me, although the term is familiar. I will research it online, thank you. Your insights are always valuable, thank you for sharing them. Thanks for educating us in the short comment format which can’t do justice to your full knowledge of the subject, but does shed a lot of light and points the way.


Raffaele’s mother and her sad demise seem to be at the root of her son’s depression. Raf has lack of confidence and the need to bluff where he feels no real power. He and Knox are still learning tricks from each other.

I think Knox may have been a father-figure to him in a twisted way, because Amanda is energetic and adventurous and for a short while in Perugia seemed to have it all together and be a hard worker like his dad. Raf met Knox at the peak of her exhileration with her new life in Italy. Like a drug high, it might not have lasted. He was completely deceived.

He may have felt he could never compete with his older sister who might have seemed to him like Amanda and his dad: energetic, capable, feet on ground. This is probably what Raf needs in his life.

Raf commented on Knox living life as if in a dream, there was no reality in her mind, she lived only for pleasure. Maybe he did not like this side of her. This was his wakeup call and he spoke about it openly because it was something he didn’t like, having thought at first glance she was a strong American. He didn’t know whether to attribute her odd mental impracticality to her nationality, her genetics, her femaleness, or her unknown religious upbringing. He had no clue, and maybe it even made him feel stronger and more grounded by comparison since he had formerly thought of himself as a tetherless dreamer but he didn’t want another spaced out confused dreamer like himself for a partner and was having second thoughts. He preferred her rough kick-butt side. She was the brother he never had, a wild West type, a cowboy to climb trees with and roam the range, the key to a new country after his launch to Munich didn’t work out.

In early childhood Raf maybe got labeled or saw himself as “slow” or “dumb” and began to live a self-fulfilling prophecy. He might have felt misunderstood knowing that he did have a lot of intelligence, but that he did not have the same personality as his dad or sis, and not wanting to be equated with his pushed aside mom. He must have felt very alone.

He also may be carrying a lot of shame about his MPD Psycho habit and his secret fantasy life of violence.

Raffaele may have been turned off yet partly tantalized by his father’s profession. A doctor sees a lot of blood and gruesome things with the body.

Raffaele may hero worship a father who can face such grotesque things without wincing, and a sister who had power with the police and saw crime victims.

You mention the Arts and a psychologist who treated performers with burnout and creative types who needed help or a life coach. Maybe Raffaele does see himself as more that artsy type of person, someone wanting to create computer games, sci-fi fantasy, or be an “Experience Teller”. He did write a book, so maybe he does fall into the category of artistic temperament, which often needs a guide or an infusion of stiffened backbone to face the realities of life in a business sense.

Knox seems to be struggling with math, yet her mom is a math teacher and her dad an accountant.


Thursday, June 12, 2014

Fifty Of The Most Common Myths Still Promoted Without Restraint By The Knox PR Campaign

Posted by The Machine



Fooled ya! Knox’s parents have the mythmaking machine’s pedal to the floor, and arent slowing it

Introduction

I’ve listed the 50 most common myths circulating in the media with regard to the Amanda Knox/Meredith Kercher case and refuted them using as far as possible the official court documents and court testimony.

1. Knox was called to the Perugia central police station on 5 November 2007.

Neither the police nor the prosecutors brought Knox in for questioning on 5 November 2007. She was there unwanted, and stayed after it was suggested she go home and sleep.

Amanda Knox herself testified in court that she wasn’t called to come to the police station on 5 November 2007.

Carlo Pacelli: “For what reason did you go to the Questura on November 5? Were you called?”

Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”

Monica Napoleoni, the head of Perugia’s homicide squad, said they told Knox she should go home to rest, but Knox insisted on staying:

Amanda also came that evening, the evening of the 5th. We said to Amanda that she could go home to rest. Since, during those days, she was always saying, always complaining that she wanted to rest, wanted to eat, we said: ‘Look, you’ve eaten; you can go and rest yourself. If there’s a need, we’ll call you.’

Instead, she was very nervous, and insisted on staying there.

Inspector Rita Ficarra was the one who led the discussion on a list of possible perps with Knox.

Rita Ficarra: My astonishment was that I saw, I found her there, and I found her doing – demonstrating – her gymnastic abilities: she was doing a cartwheel; she had shown the back arch, she had done the splits, and it seemed to me, sincerely, a bit out of place, that is to say given the circumstances, the moment and the place. For which [reason] I admonished her, and I even asked her what she was doing there.

She, and my colleagues also confirmed this, said to me that she had come because they had called Raffaele Sollecito, he had been invited that evening to give another recap, and she had accompanied him.

Judge Massei [GCM]: You said this to her in English or in Italian?

RF: In Italian. I reiterate that she speaks Italian, with me she speaks only in Italian. I do not understand a word of English, so … My colleagues confirm that there was Sollecito who was there in another room and in that moment the Deputy Commissioner Napoleoni and other colleagues were listening to him.

And continuing to speak, the girl told me that she was rather shocked at the fact, annoyed at the fact that she had been called and recalled several times by the Police and [that] she was totally tired.

At that point, I also admonished her because I said: you’re tired, yet nonetheless you came this evening, when nobody has invited you: you could have gone to rest. And furthermore – I said – you don’t understand that we are talking about a murder, of a person that you say was your friend, [who] lived in the same house as you, it happened in your house. If the Police call you, put yourself in our shoes: we need useful information.

2. Knox was subjected to an all-night interrogation on 5/6 November.

According to Barbie Nadeau in The Daily Beast, Amanda Knox’s questioning began at about 11:00pm.

“Since Knox was already at the police station [in the company of Raffaele Sollecito], the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11pm.”

After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. She decided to made another witness statement at 5:45am, but she wasn’t asked any questions.

3. Knox wasn’t provided with an interpreter for her questioning on 5 November 2007.

This claim is completely false as shown through the trial testimony of Knox and her interpreter. Knox’s interpreter on 5 November 2007, Anna Donnino, testified at length at trial about Knox’s convesrsation that evening. And Amanda Knox herself spoke about her interpreter when she later gave testimony at the trial.

4. Knox wasn’t given anything to eat or drink.

Reported by Richard Owen, in The Times, 1 March 2009:

Ms Napoleoni told the court that while she was at the police station Ms Knox had been ‘treated very well. She was given water, chamomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.’

Also reported by Richard Owen, in The Times, 15 March 2009:

Ms Donnino said that Ms Knox had been ‘comforted’ by police, given food and drink, and had at no stage been hit or threatened.

John Follain in his book Death in Perugia, page 134, also reports that Knox was given food and drink during her questioning:

During the questioning, detectives repeatedly went to fetch her a snack, water, and hot drinks, including chamomile tea.

This is from the relevant court transcript:

Monica Napoleoni: Amanda was given something to drink several times. She was brought hot chamomile; she was taken to the bar of the Questura to eat. First she was given brioches from the little [vending] machine.

Carlo Pacelli: These methods of treatment, how did they translate into practice? With what behaviour/actions [were they carried out] in actual fact? Earlier, you recalled that they actually brought her something to eat…

MN: It’s true. That morning, I remember that Inspector Ficarra actually took her to the bar to eat as soon as it opened. But before [that], we have little [vending] machines on the ground floor, and she was brought water, she was brought hot drinks, she was brought a snack. But also Raffaele, he was given something to drink; it’s not as though they were kept … absolutely.

Giuliano Mignini:  Had types of comfort been offered to her?

Anna Donnino:  Well, during the evening, yes, in the sense that I remember that someone went down to the ground floor; it was the middle of the night, so in the station at that hour there are those automatic distributors; there’s nothing else; someone went to the ground floor and brought everybody something to drink, some hot drinks and something to eat. I myself had a coffee, so I believe that she also had something.





Above: Several of the myth inventors and disseminators: Sforza, Mellas, Preston

5. Knox was beaten by the police.

The witnesses who were present when Knox was questioned, including her interpreter, testified under oath at the trial in 2009 that she wasn’t hit. (Under Italian law, witnesses must testify under oath, while defendants do not, so are not required by law to be truthful on the stand.)

These are from the relevant court transcripts:

Giuliano Mignini: Do you recall, shall we say, that night between the 1st and then the spontaneous declarations and then the order for arrest, who and what was with her, other than you, whether there were other subjects that spoke with us, how they behaved? Did [she] undergo/experience violent [sic: NdT: “violente” in Italian, probably typo for “violenze” = “violence/force/assault”] by any chance?

Rita Ficarra: Absolutely not.

GM: Was she intimidated, threatened?

RF: No. I, as I said earlier, I came in that evening and there were some colleagues from the Rome SCO, I was with Inspector Fausto Passeri, then I saw come out, that is come out from the entry-door to the offices of the Flying [Squad] the Assistant Zugarini and Monica Napoleoni, who appeared for an instant just outside there, then we went back in calmly, because the discussion we had with her was quite calm.

Giuliano Mignini: ... violence, of …

Monica Napoleoni: But absolutely not!

Mignini:  You remember it… you’ve described it; however, I’ll ask it. Was she threatened? Did she suffer any beatings?

Anna Donnino: Absolutely not.

GM: She suffered maltreatments?

AD:  Absolutely not.

Carlo Pacelli:  In completing and consolidating in cross-examination the questions by the public prosecutor, I refer to the morning of the 6th of November, to the time when Miss Knox had made her summary information. In that circumstance, Miss Knox was struck on the head with punches and slaps?

Anna Donnino:  Absolutely not.

CP:  In particular, was she struck on the head by a police woman?

AD:  Absolutely not!

CP:  Miss Knox was, however, threatened?

AD:  No, I can exclude that categorically!

CP:  With thirty years of prison… ?

AD:  No, no, absolutely not.

CP:  Was she, however, sworn at, in the sense that she was told she was a liar?

AD:  I was in the room the whole night, and I saw nothing of all this.

CP:  So the statements that had been made had been made spontaneously, voluntarily?

AD:  Yes.

Carlo Della Valla:  This…

Giancarlo Massei:  Pardon, but let’s ask questions… if you please.

CP:  You were also present then during the summary informations made at 5:45?

AD:  Yes.

CP:  And were they done in the same way and methods as those of 1:45?

AD:  I would say yes. Absolutely yes.

CP:  To remove any shadow of doubt from this whole matter, as far as the summary information provided at 5:45 Miss Knox was struck on the head with punches and slaps?

AD:  No.

CP:  In particular, was she struck on the head by a policewoman?

AD:  No.

Even Amanda Knox’s lawyer, Luciano Ghirga, distanced himself in the Italian media from these allegations and never lodged any complaint:

There were pressures from the police, but we never said she was hit.

6. Knox was refused a lawyer.

Rita Ficarra and Anna Donnino testified that Knox was several times advised to have a lawyer, but each she declined the offer:

Anna Donnino:  ...she was asked if she wanted a lawyer.

Giuliano Mignini:  And what was her response?

AD: She had answered no; I remember that she replied with no.

Before she insisted on drafting her 1:45 and 5:45 am accusations Knox was advised to have a lawyer advise her, but she declined and pressed on.

Dr Mignini has wondered if the Supreme Court really understood this in banning the two unprovoked accusations from Knox’s main trial.

7. Knox was tag-teamed by two police officers every hour.

According to Anna Donnino, who arrived at the police station at about 12:30am, there was a total of three people in the room with Knox:

Anna Donnino: “I had been made to enter a room where in fact there was Inspector Ficarra at a small table, another colleague from SCO (I only remember his first name; he was called Ivano), a police officer, and there was Miss Knox seated. I seated myself beside her.”





Above: Several of the main myth inventors and disseminators: Fischer, Sforza, Moore

8. Knox was asked to imagine what might have happened.

According to the corroborative testimony of the three others present, including Rita Ficarra and Anna Donnino, Amanda Knox voluntarily and spontaneously accused Patrick Lumumba of murdering Meredith.

Here is Rita Ficarra.

We found only that one [text message] sent by her. She was given the mobile into her hand, and it was said, who is this person, and did you go out later or not? She said the name of Patrick Lumumba, and gave the declaration that then ...

GM: And what behaviour did she then adopt/assume?

RF: She suddenly put her hands to her head, burst out crying and said to us “It’s him, it’s him, it was him, he killed her”. It was the only time that I saw her cry.

GM: This behaviour, did she then continue like that during the course of that morning, by now we were at what time?...

RF: No, she was as if she was giving vent in that moment, she cried, she began to say that he was crazy, he was crazy.

Here is Anna Donnino:

Judge Massei: This change, at what moment did it happen, and in what did it consist of?

Anna Donnono: The change had occurred right after this message, in the sense that the signorina said she hadn’t replied to the message from Patrick, when instead her reply message was shown to her she had a true and proper emotional shock. It’s a thing that has remained very strongly with me because the first thing that she did is that she immediately puts her hands on her ears, making this gesture rolling her head, curving in her shoulders also and saying “It’s him! It’s him! It was him! I can see/hear him or: I know it.[Lo sento]” and so on and so forth.

Carlo Pacelli:  So the statements that had been made had been made spontaneously, voluntarily?

Anna Donnino:  Yes.

Here is Judge Massei.

[After hearing and weighing up the testimony of these witnesses and Amanda Knox, Judge Massei stated that it couldn’t be claimed that] “Amanda Knox was persuaded by the investigators to accuse Diya Lumumba, aka Patrick, by means of various pressing requests which she could not resist.” (Massei report, page 388.)

[He noted that there had been] “no corroboration of the pressing requests which Amanda was seemingly subjected to in order to accuse Diya Lumumba of the crime committed to the detriment of Meredith.” (Massei report, page 389.)

Judge Massei concluded at trial in 2009 that Knox had freely accused Patrick Lumumba of Meredith’s murder and awarded her a prison sentence for calunnia confirmed in 2013 by the Supreme Court for which there is no further appeal.

9. Amanda Knox claimed she had had a “dream-like vision” in her witness statements.

Amanda Knox makes no mention of a dream or vision in her two witness statements. She categorically states that she met Diya Lumumba at Piazza Grimana and that they went to the cottage on Via della Pergola. In her first witness statement, she claims that Lumumba killed Meredith.

This is from the 1:45 am statement.

I responded to the message by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work. In view of the fact that during the afternoon I had smoked a joint, I felt confused, since I do not frequently make use of mind-altering substances, nor of heavier substances.

I met Patrik immediately afterward, at the basketball court on Piazza Grimana, and together we went [to my] home. I do not recall whether Meredith was there or arrived afterward. I struggle to remember those moments, but Patrik had sex with Meredith, with whom he was infatuated, but I do not recall whether Meredith had been threatened beforehand. I recall confusedly that he killed her.

This is from the 5:45 am statement.

I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick…  I met him in the evening of November 1st 2007, after sending him a reply message saying “I will see you”. We met soon after at about 21.00 at the basketball court of Piazza Grimana. We went to my apartment in Via della Pergola n. 7.

I do not clearly remember if Meredith was already at home or if she came later, what I can say is that Patrick and Meredith went into Meredith’s room, while I think I stayed in the kitchen. I cannot remember how long they stayed together in the room but I can only say that at a certain point I heard Meredith screaming and as I was scared I plugged up my ears.

10. Amanda Knox was questioned in Italian

The police provided Amanda Knox with an interpreter, Anna Donnino, so that she could be questioned in English.

11. Dr Mignini questioned Knox on 5 November 2007.

Dr Mignini did not question Amanda Knox that evening. She wanted to make further declarations, and he came to the police station on the night only because he was on duty and had to witness Knox being cautioned. After Knox was cautioned that she need not say anything without a lawyer, Knox nevertheless insisted that she draft a second statement in front of him.

Mr Mignini explained what happened in his e-mail letter to Linda Byron, a journalist for King5 in Seattle:

All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.

In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to article 63 of the penal-proceedings code.

But Knox then decided to render spontaneous declarations that I took up without any further questioning, which is entirely lawful.

According to article 374 of the penal-proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.

Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.”

In Amanda Knox’s written witness statement, she explicitly states that she’s making a spontaneous declaration:

I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called Le Chic located in Via Alessi, where I work periodically.

12. Knox didn’t confess until 6am.

Amanda Knox’s first written statement was made at 1:45am. It was not a confession, it was a false accusation.

13. Knox retracted her allegation against Lumumba immediately.

Amanda Knox didn’t retract her accusation immediately. In fact, she never did formally. Knox reiterated her allegation in her handwritten note to the police late morning of 6 November 2007, which was admitted in evidence: From the Massei report:

[Amanda] herself, furthermore, in the statement of 6 November 2007 (admitted into evidence ex. articles 234 and 237 of the Criminal Procedure Code and which was mentioned above) wrote, among other things, the following:

I stand by my [accusatory] statements that I made last night about events that could have taken place in my home with Patrick…in these flashbacks that I’m having, I see Patrick as the murderer…

This statement was that specified in the notes of 6 November 2007, at 20:00, by Police Chief Inspector Rita Ficarra, and was drawn up following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (Massei report, page 389.)

Knox did not withdraw the false accusation at her first hearing in front of a magistrate on 8 November.

The Massei court took note of the fact that Amanda Knox didn’t recant her false and malicious allegation against Diya Lumumba during the entire time, two weeks, he was kept in prison.

14. In the days following Meredith’s murder, Knox voluntarily stayed in Perugia to help the police

This claim is contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she categorically stated she was not allowed to leave Italy:

“i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house”

Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost, a friend of Meredith, reported the following conversation (Massei report, page 37):

“I remember having heard Amanda speaking on the phone. I think that she was talking to a member of her family, and I heard her say, ‘No, they won’t let me go home; I can’t catch that flight.’ ”

15. All of Meredith’s friends left immediately.

The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. Sophie had been counting on leaving Perugia to fly back home as soon as her parents arrived, but the police called to tell her they needed her to stay on; they would let her know when she could leave. Her father stayed on with her.

In chapter 19 of Death in Perugia John Follain states that Sophie Purton was questioned by Mignini and Napoleoni in the prosecutor’s office on 5 November 2007.

16. There were only two tiny pieces of DNA evidence that implicated her, but they were probably contaminated.

The Italian Supreme Court explained how DNA evidence should be assessed in court; i.e., contamination must be proven with certainty, not supposition. The Court stated that the theory “anything is possible” in genetic testing is not valid.

The burden of proof is on the person who asserts contamination, not the person who denies it.

In other words, if the defence lawyers claim the DNA evidence was contaminated, they must describe the specific place and time where it could have plausibly occurred. Nobody has ever proved that the bra clasp and knife evidence were contaminated. Even Conti and Vecchiotti excluded contamination in the laboratory:

“Laboratory contamination was also excluded by these experts [Conti and Vecchiotti].” (The Supreme Court report, page 92.)

(1) The bra clasp

The fact that the bra clasp was not collected immediately because defense witnesses were not available is irrelevant. The cottage was a sealed crime scene and nobody entered the room during this time:

...the flat had been sealed and nobody had had the opportunity to enter, as shown in the case file.” (The Italian Supreme Court report, page 92.)

Alberto Intini, the head of the Italian police forensic science unit, excluded environmental contamination because “DNA doesn’t fly.”

Even Conti and Vecchiotti excluded contamination in the laboratory because Dr Stefanoni last handled Sollecito’s DNA twelve days before she analysed the bra clasp.

Professor Francesca Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it.  His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17.

David Balding, a Professor of Statistical Genetics at University College London, analysed the DNA evidence against Sollecito and concluded that the evidence was strong”

“…because Sollecito is fully represented in the stain at 15 loci (we still only use 10 in the UK, so 15 is a lot), the evidence against him is strong…”

(2) The knife

Dr Stefanoni analysed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory. Meredith had never been to Sollecito’s apartment, so contamination away from the laboratory was impossible. 

The knife and bra clasp are not the only pieces of DNA evidence.

According to the prosecution’s experts, there were five samples of Knox’s DNA or blood mixed with Meredith’s blood in three different locations in the cottage. After the trial in 2009, The Kerchers’ lawyer, Francesco Maresca, said the mixed-blood evidence was the most damning piece of evidence against Amanda Knox.

The Scientific Police experts concluded it proves that Meredith and Knox were bleeding at the same time.

17. The knife has essentially been thrown out.

The knife hasn’t been thrown out. A further DNA sample (36-I) was extracted from the blade last year and tested by the Carabinieri RIS DNA experts Major Berti and Captain Barni. The sample was attributed to Amanda Knox, the second. Judge Nencini stated in his report that Knox stabbed Meredith with the knife.




Above: Several of the myth inventors and disseminators: Hampikian, Burleigh, Heavey

18. The knife doesn’t match any of the wounds on Meredith’s body.

The prosecution experts, multiple defence experts and Judge Massei in his report have all agreed that the double DNA knife DID match the large wound on Meredith’s neck.

“On these matters, the considerations already made must be recalled which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound.” (Massei report, page 375.)

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

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

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

19. The DNA on the blade could match half the population of Italy.

Vieri Fabani, a lawyer for the Kerchers, pointed out that there is the possibility of 1 in 1 billion 300 million that the DNA on the blade does not belong to Meredith. 

20. Meredith’s DNA wasn’t found on the blade of the knife.

A number of independent forensic experts—Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor Giuseppe Novelli, Professor Francesca Torricelli and Luciano Garofano—have all confirmed that sample 36B was Meredith’s DNA.

Even American experts Elizabeth Johnson, Greg Hampikian and Bruce Budowle, who have been critical of the Scientific Police’s work in this case, have conceded that the DNA was consistent with Meredith’s DNA profile.

It should be noted that none of these American experts testified at the trial or played any official role in the case. They became involved in the case after being approached by supporters of Amanda Knox. They had no bearing on the legal proceedings in Florence.

Judge Nencini accepted that Judge’s Massei and the prosecution’s assertions that Meredith’s DNA was on the blade of Sollecito’s kitchen knife and that it was the murder weapon.   

21. No other knives were taken from Sollecito’s apartment.

Judge Massei discusses a jack-knife that was 18cm long with an 8cm blade at some length and the results of the DNA tests that were carried out on it:

“He [Armando Finzi] recalled they found another knife whose total length was 18cm, with an 8cm blade…” (Massei report, page 106.)

“On the jack‑knife, four samples were taken, with negative results where blood-derived substances had been looked for; on the fourth sample, which involved the handle, the genetic profile was found to be of Sollecito plus Knox.” ( Massei report, page 194.)

22. The knife was chosen 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. Andrea Vogt explained this in the same article:

“Armando Finzi, an assistant in the Perugia police department’s organized crimes unit, first discovered the knife in Sollecito’s kitchen drawer. He said the first thing he noticed upon entering the place was a ‘strong smell of bleach.’ He opened the drawer and saw a ‘very shiny and clean’ knife lying on top of the silverware tray.

“ ‘It was the first knife I saw,’ he said. When pressed on cross-examination, he said his ‘investigative intuition’ led him to believe it was the murder weapon because it was compatible with the wound as it had been described to him. With gloved hands, he placed the knife in a new police envelope, taped it shut with Scotch tape, then placed it inside a folder, he said. There were smaller and bigger knives in the drawer, but no others were taken into evidence from the kitchen, he said.” (Andrea Vogt, The Seattle Post-Intelligencer, 28 February 2009.)

23. No control tests were done.

John Follain pointed out in Death in Perugia that the control tests had been filed with another judge:

“The tests had been filed with an earlier test, and Judge Pratillo Hellmann later admitted them as evidence.” (Death in Perugia, Kindle edition, page 409.)

The judges at the Supreme Court in Italy noted in their report that the negative controls had been carried out:

“…since all the negative controls to exclude it [contamination] had been done by Dr Stefanoni…” (Supreme Court report, page 93.)

The judges at the Italian Supreme Court criticised the court-appointed independent experts Conti and Vecchiotti for assuming they hadn’t been done.

24. There is no evidence of Amanda Knox at the actual crime scene.

The crime scene involves the whole cottage and isn’t limited to Meredith’s room. Knox and Sollecito were both convicted of staging the break-in in Filomena’s room. Furthermore, there is plenty of evidence placing Amanda Knox in Meredith’s room on the night of the murder.

For example, her DNA was found on the handle of the murder weapon, her bare bloody footprints were revealed by Luminol in the hallway and her own room and, according to the Scientific Police, her blood was mixed with Meredith’s blood in different parts of the cottage. Knox’s lamp was found in Meredith’s room, and a shoeprint in her size of shoe.

25. None of the Luminol* stains contained Meredith’s DNA.

Two of the traces revealed by Luminol contained Meredith’s DNA:

“Amanda (with her feet stained with Meredith’s blood for having been present in her room when she was killed) had gone into Romanelli’s room and into her [own] room, leaving traces [which were highlighted] by Luminol, some of which (one in the corridor, the L8, and one, the L2, in Romanelli’s room) were mixed, that is, constituted of a biological trace attributable to [both] Meredith and Amanda…” (Massei report, page 380.)

[* Luminol is a substance used in crime-scene investigations to reveal blood that has been cleaned up. It reacts with the microscopic particles of iron in the blood and turns it fluorescent.]

26. Mignini is persecuting Amanda Knox.

As shown above Dr Mignini was absent when Knox made her false accusation. Because of checks and balances, prosecutors in Italy have far less power than their American counterparts. The decision to send Knox to trial was actually made by Judge Micheli in 2008, not by Dr Mignini.

Judge Massei, Judge Cristiani and six lay judges found Knox guilty of murder in Perugia in 2009, and Judge Nencini, Judge Cicerchia and six lay judges confirmed Knox guilty of murder at the appeal in Florence in January 2014. 

Dr Mignini is just one of several prosecutors who have been involved in the case. Manuela Comodi was Mignini’s co-prosecutor at the the trial in 2009.  Giancarlo Costagliola was the main prosecutor in the first appeal, which was annulled by the Italian Supreme Court. He and Giovanni Galati appealed against the 2011 acquittals. Dr Mignini played no part in the new appeal in Florence. Alessandro Crini was the prosecutor.

27. Mignini claimed Meredith was killed as part of a satanic ritual.

Mignini has never claimed that Meredith was killed during a satanic or sacrificial ritual, and that’s the reason why no one has been able to provide a verbatim quote from Mignini supporting this false accusation.

Mignini specifically denied claiming that Meredith was killed in a sacrificial rite, in his letter to the Seattle reporter Linda Byron:

“On the ‘sacrificial rite’ question, I have never said that Meredith Kercher was the victim of a ‘sacrificial rite.’ ”

Mignini also made it quite clear that he has never claimed that Meredith was killed as part of a satanic rite in his interview with Drew Griffin on CNN:

Drew Griffin: “You’ve never said that Meredith’s death was a satanic rite?”

Mignini: “I have never said that. I have never understood who has and continues to say that. I read, there was a reporter – I don’t know his name; I mention it because I noticed it – who continues to repeat this claim that, perhaps, knowing full well that it’s not like that.

“I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up.”





Above: Several of the myth inventors and disseminators: Kassin, Dempsey, Douglas

28. Mignini claimed Meredith was killed in a sex game that went wrong.

Mignini didn’t say anything about there being a sex game that went wrong when he presented his timeline to the court at the trial. Please be warned that there is some extremely graphic content below:

[Timeline of the attack on Meredith]

23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.

23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.

23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other, however, a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.

23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.

23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.

23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.

29. Mignini called Amanda Knox a “she-devil.”

It wasn’t Mignini who called Amanda Knox 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 journalists who were present in the courtroom. Barbie Nadeau describes the moment he asked if Knox is 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 she 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, Kindle edition, page 124.)

30. Dr Mignini was convicted of a felony and faced prison.

The Florence Appeal Court and Cassation scathingly threw out a malicious prosecution for which both the prosecutor and judge suffered. Dr Mignini has never faced the slightest risk of prison.  Often now seen on national TV, Dr Mignini is expected to be the next Prosecutor General of Umbria.

31. Rudy Guede was a drifter.

Rudy Guede lived in Perugia from the age of five, and he had his own apartment at the time of the murder.

32. Guede had a criminal record at the time of the murder.

Rudy Guede didn’t have any criminal convictions at the time of Meredith’s murder. He was not a drug dealer and not a police informant. As Judge Micheli scathingly noted, there is no proof that he committed any break-ins.

33. Guede left his DNA all over Meredith and all over the crime scene.

There was only one sample of Guede’s DNA on Meredith body and there were only five samples of his DNA at the cottage. His DNA was found on a vaginal swab, on the sleeve of Meredith’s tracksuit, on her bra, on the zip of her purse and on some toilet paper in the bathroom that Filomena and Laura shared. 

“…also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found; DNA on the toilet paper in the bathroom near the room of Mezzetti, where unflushed faeces were found; on the bag found on the bed; on the left cuff of the blue sweatshirt (described as a “zippered shirt” in the first inspection, discovered smeared with blood near the body and partly underneath it); and on the right side of the bra found by the foot of Kercher’s body…” ( Judge Giordano sentencing report, page 5.)

34. Guede left his semen at the crime scene.

Guede’s DNA semen wasn’t found at the crime scene.

“…also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found…” (Judge Giordano sentencing report, page 5.)

“In one of these swabs was found biological material belonging to a male subject identified as Rudy Hermann Guede. This material, which turned out not to be spermatic [158], could be from saliva or from epithelial cells from exfoliation…” (Massei report, page 158.)

35. Guede left his DNA inside Meredith’s bag.

According to the Micheli report, which was made available to the public in January 2009, Guede’s DNA was found on the zip of Meredith’s purse, and not inside it.

“…b) traces attributable to Guede: ...on the bag found on the bed…”  (Judge Giordano sentencing report, page 5.)

36. Guede left his bloody fingerprints all over the crime scene.

He left zero fingerprints. According to the Micheli report, the Massei report and Rudy Guede’s final sentencing report, Guede was identified by a single bloody palm print:

“…b) traces attributable to Guede: a palm print in blood found on the pillow case of a pillow lying under the victim’s body – attributed with absolute certainty to the defendant by its correspondence to papillary ridges as well as 16-17 characteristic points equal in shape and position…” (Judge Giordano sentencing report, page 5.)

It is confirmed that Guede was identified by a bloody palm print in the Micheli report (pages 10-11) and the Massei report (page 43).

37. Guede left his hair at the crime scene.

The Scientific Police didn’t find any hair that belonged to Rudy Guede at the crime scene. That’s why there’s no mention of this in any of the court documents.

38. Guede pleaded guilty or confessed.

Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He offered to testify against Knox and Sollecito at trial in 2009, but the prosecutors did not want to give him any breaks. 

39. Guede’s prison sentence was reduced because he made a deal with the prosecutors.

Guede was sentenced to 30 years in prison by Judge Micheli in 2008. However, his sentence was reduced because he opted for a fast-trial, which means he automatically received a third off the sentence of Knox and Sollecito. Generic mitigating circumstances—i.e., his young age—were also taken into consideration.

40. Guede didn’t implicate Knox and Sollecito until much later.

Rudy Guede first implicated Knox and Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo:

Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”

Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”

41. Amanda Knox didn’t know Rudy Guede.

Amanda Knox testified in court that she had met Rudy Guede on several occasions.

Here’s the court transcript:

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

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

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

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

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

AK: I think I saw him there once.

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

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

42. Raffaele Sollecito had never been in trouble with the police.

Raffaele Sollecito had a previous brush with the police in 2003.

“...Antonio Galizia, Carabinieri [C.ri] station commander in Giovinazzo, who testified that in September 2003 Raffaele Sollecito was found in possession of 2.67 grams of hashish.” (Massei report, page 62.)

43. Sollecito had an impeccable track record.

Sollecito was monitored at university after being caught watching hardcore pornography featuring bestiality:

“…and educators at the boy’s ONAOSI college were shocked by a film ‘very much hard-core…where there were scenes of sex with animals with animals,’ at which next they activated a monitoring on the boy to try to understand him. (Pages 130 and 131, hearing 27.3.2009, statements by Tavernesi Francesco).” (Massei report, page 61.)

44. Sollecito couldn’t confirm Knox’s alibi because he was sleeping.

The claim that Sollecito couldn’t confirm Knox’s alibi because he was sleeping is completely contradicted by Sollecito’s witness statement:

“Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8:30 or 9pm.

“At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.” (Aislinn Simpson, The Daily Telegraph, 7 November 2007.)

Police said Raffaele Sollecito had continued to claim he was not present on the evening of the murder. He said:

“I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call, and I stopped only when Amanda came back, about one in the morning, I think. (The Times, 7 November 2007.)





Above: The two provisionally convicted who originated some of the cancerous myths.

45. Amanda Knox had never been in trouble with the police.

According to Andrew Malone in an article on the Mail Online website, Amanda Knox was charged with hosting a party that got seriously out of hand, with students high on drink and drugs, and throwing rocks into the road, forcing cars to swerve. He claimed the students then threw rocks at the windows of neighbours who had called the police. Knox was fined $269 (£135) at the Municipal Court after the incident (crime No: 071830624).

Barbie Nadeau also reported that Knox had had a previous brush with the law:

...and her only brush with the law was a disturbing-the-peace arrest for a house party she threw.” (Barbie Nadeau, Angel Face, Kindle edition, page 6.)

According to the police ticket written by Seattle Police officer Jason Bender, Knox was issued with an infraction for the noise violation and warned about the rock throwing:

I issued S1/Knox this infraction for the noise violation and a warning for the rock throwing. I explained how dangerous and juvenile that action was.

46. Amanda Knox was retried for the same crimes.

All criminal cases in Italy are subject to three levels of review. No verdict is final until it has been confirmed by the Supreme Court.

Amanda Knox was not retried. She simply appealed her provisional 2009 convictions. The first appeal was held in Perugia in 2011, where she was provisionally acquitted by Judge Hellmann.

However, the Italian Supreme Court annulled the acquittals because Hellmann was found to have made a series of grave legal errors, and ordered a new appeal in Florence.

47. The Italian Supreme Court ruled that Amanda Knox’s interrogation was illegal.

The Italian Supreme Court has never stated that Amanda Knox’s recap/summary session on 5 November 2007 for the building of a list of names was illegal.

Bruce Fischer, who runs the Injustice in Perugia website and had heatedly denied this, eventually admitted this was not true on Perugia Murder File.net website:

“When it comes to the admissibility of the written statements, you are technically correct. The interrogation itself was never ruled illegal.”

Note that as stated above it was not an interrogation.

48. The Supreme Court threw out Amanda Knox’s statements.

The Supreme Court ruled that the 1:45am and 5:45am statements Knox insisted upon couldn’t be used against her in the murder trial because she wasn’t represented by a lawyer when she made them, even though she declined the presence of a lawyer.

However, both her statements were used against her at the calunnia component of the trial.

49. Dr. Stefanoni and the forensic technicians broke international protocols.

There is no internationally accepted set of standards. DNA protocols vary from country to country, and in America they vary from state to state. For example, New York state accepts LCN DNA tests in criminal trials.

Conti and Vecchiotti cited obscure American publications such as the Missouri State Highway Patrol Handbook and the Wisconsin Crime Laboratory Physical Evidence Handbook, not international protocols.

50. Amanda Knox is being railroaded or framed.

It would be immensely difficult in the Italian system for police or prosecutors to frame anyone and sustain this through two levels of appeal. With all its checks and balances and its professional career paths, it may be the system least prone to false final convictions in the world.

A number of Knox’s supporters, including Judy Bachrach, Paul Ciolino and Steve Moore, have claimed in the US media that Amanda Knox is being railroaded or framed, but they mis-state multiple facts and provide no hard proof or any reason why. The Hellmann appeal was wiped off the books, but they wrongly still draw upon that.

The collection of the DNA and forensic evidence was videotaped by the Scientific Police and, as the judges at the Supreme Court noted, defence experts were actually in the police labs to observe the DNA tests and reported nothing wrong:

“…the probative facts revealed by the technical consultant [Stefanoni] were based on investigative activities that were adequately documented: sampling activity performed under the very eyes of the consultants of the parties, who raised no objection…” (The Supreme Court report, page 93.)

The legal proceedings against Sollecito and Knox have been monitored throughout by US officials from the Rome embassy, and they at no time have ever expressed any concerns about the fairness or legitimacy of the judicial process.

Sources

Court documents
The Micheli report
The Massei report
Judge Giordano sentencing report
The Supreme court report
The Nencini report

Court testimony
Amanda Knox
Anna Donnino
Monica Napoleoni

Articles
The Daily Mail
The Times
The Telegraph
The Daily Beast
The Seattle Post-Intelligencer

Books
Death in Perugia, Kindle edition, John Follain
Angel Face, Kindle edition, Barbie Nadeau

Television programmes
Drew Griffins’ interview with Giuliano Mignini on CNN

Websites
The Freelance Desk: http://thefreelancedesk.com
Perugia Murder File.org: http://www.perugiamurderfile.org
Perugia Murder File.net: http://perugiamurderfile.net
CPS website: http://www.cps.gov.uk/publications/prosecution/lcn_testing.html
Seattle-Post Intelligencer: http://blog.seattlepi.com/seattle911/files/library/knoxincidentreport.pdf

 

 

 

 

 


Sunday, May 11, 2014

The Knox Interrogation Hoax #1: Overview Of The Series - Multiple Knox Versions v One Stark Truth

Posted by The TJMK Main Posters



[Amanda Knox at trial on 28 February, the day Inspector Rita Ficarra testified]

1. A Guide To Posts In The Series

The Interrogation Hoax Series currently includes these 21 posts and there are several trial posts to come.

It includes a lot of new translation of case transcripts only recently acquired. So one can say with a lot of confidence that this is The Real Thing and any other version is fake.

Remember Knox and Sollecito sat through all of the investigators’ pre-arrest testimony at trial, downhearted and apprehensive, and there were no smiles and few interruptions. Sollecito refused to get on the stand, so from his team there really was never a rebuttal. Knox HAD to get on the stand, for two days, because she had no other way to defend herself against the crime of falsely framing Patrick for murder.

Read the State’s scenario in Part 2 and Knox’s scenario in Part 3 below. Knox’s version inevitably weakened a lot under challenge, and it contradicted in many places what you can read here. So… She ended up serving three years. While on the stand she confirmed that she had been treated well, stiffing thousands of supporters duped into believing she was not.

2. Court-Accepted Events Of 5-6 November 2007

This is an overview of Knox’s so-called “interrogation” at Perugia’s central police station, the subject of the first ten posts.

It led to her arrest and three years served. To make this picture really firm we will quote a lot of the testimony at trial. The Case Wiki carries all of these transcripts, many in English translation, and more. 

Senior Inspector Rita Ficarra testified that she arrived back at the police station late on 5 November, and finds her way blocked by a cartwheeling Knox.

She rebukes Knox, who testily responds that she is tired of the investigation. Rita Ficarra tells Knox to go home and get some sleep. Knox testily refuses, and remains there.

Shortly after, Ficarra suggests to Knox that if she really wants to help, she could add to the list of possible perps - men who Meredith knew and who might have visited the house.

This was a recap/summary, a simple checking of facts with someone who might or might not be of help. This could have been done on a street corner or in a house by a single officer. It was not a witness or suspect interrogation. From the transcript:

Ghirga: “While this interrogation - let’s call it thus - was in progress, some colleagues arrive…”  Ficarra: “It was not an interrogation, Attorney.” Ghirga: “They are called recaps/summaries.

Knox eagerly agrees. So they begin on the list.

This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total only Knox and four others (three of them women) are present.

Knox builds a list of seven people and adds maps and phone numbers (placed in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.

At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused.

In a separate wing Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks, and declares that Knox went out alone on the night, and made him lie.

Napoleoni moves through the questura to share this with Ficarra and suggests to discuss the night of the attack with Knox in more detail and clarify all those who were present. Knox is not informed of Sollecito’s backtrack. She is asked for names on her phone and shares them. There is an outgoing to Patrick but no prior incoming. Knox is asked who Patrick is.

Suddenly, to the considerable surprise of others present, Knox has a yelling, head-clutching conniption (the first of several that night) and says “It’s him, it’s him, it was him, he killed her”. The session is halted.

Despite warnings she should not do so without a lawyer, Knox insists on a recorded statement which says she headed out to meet Patrick that night after he texted her. She accuses Patrick of killing Meredith. 

Efforts are made throughout the next several hours to try to help Knox to calm down. Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.

A second session ending at 5:45 is intended as merely a formal reading of Knox’s legal status and her right to a lawyer, with Dr Mignini presiding. She is to be held as a material witness and for her own protection.

Again warned that she should not speak without a lawyer, and no questions can be asked, Knox still insists on a second spontaneous accusation culminating in a second recorded statement.

This also says she went out to meet Patrick that night, also accuses Patrick of killing Meredith, and now also hints that Sollecito may have been there. 

Just before noon, now under arrest and about to be taken to Capanne Prison, Knox insists on writing out at length a third statement this time in English.

She gleefully hands it to Rita Ficcara who cannot read it as she as no English. In the statement, Knox included this damning remark, without any mention of having been coerced: “The questions that need answering, at least for how I’m thinking are… 2. Why did I think of Patrik?”

Knox’s lawyers never ever substantially challenge this version. At trial they accept that there was no interrogation, leave standing that Knox insisted on all three statements, and dont ever pursue Knox’s claims that she was coerced.

Courts all noted that there is no mention in that third note of Knox having been coerced, although this note was her idea and she could put in it anything she liked. From this there never was any going back.

In July 2009 at trial, in face of days and days of prior investigator testimony, Knox brashly tried to substitute this scenario above with the one below. Of course she was disbelieved.

For the calunnia framing of Patrick Lumumba Judge Massei in 2009 sentenced her to a year more than Sollecito, amended by Judge Hellmann in 2011 to three years served.

The Supreme Court definitively overruled her calunnia appeal so for her false framing of Patrick she is a felon for life.

3. The Knox-Promoted Alternative Version

This will be the subject of many later posts. Though her precise claims vary and often contradict one another, Knox herself has on and off since November 2007 tried to blame the police for causing her conniption and her false accusation of Patrick for the death of Meredith.

Knox and her team failed to convince Supervising Magistrate Matteini, and the Ricciarelli review panel, in November 2007. Failed to convince Prosecutor Mignini in December 2007. Failed to convince the Supreme Court in April 2008. Failed to convince the Micheli court in late 2008. Failed to convince at trial 2009 and at appeal 2011. Failed to convince the Supreme Court in 2013.

As Knox’s team did not believe her, they may not have given this their hardest shot. Nevertheless the huge and very nasty Knox PR effort went full-bore ahead.

Read this post of 11 February 2009 which was about two weeks before the Knox “interrogators” were cross-examined at trial, and several months before Knox herself took the stand. Dozens of media reports repeated the Knox claims as if true.

Knox repeated them in her April 2013 book, and her December 2013 email to Judge Nencini, and her appeal to EHCR Strasbourg, and in some TV and newspaper interviews, including one with the Italian weekly Oggi which caused that paper legal harm.

This version has been blown up by Knox PR shills in internet posts, articles, TV interviews, and books. Among others propagating it have been Raffaele Sollecito (in his book), Doug Preston, Saul Kassin, Steve Moore (especially), John Douglas, Jim Clemente, Paul Ciolino, Michael Heavey, Greg Hampikian, Chris Halkidis, Mark Waterbury, Doug Bremner, Candace Dempsey, Nina Burleigh, Bruce Fischer, and many posters on the Knox sites and Fischer sites and on Ground Report.

Main claims included 50-plus hours of “interrogation”, numerous officers in teams, no food or drink, no sleep, no bathroom breaks, no lawyer, no recording, and much abuse and yelling and suggestions and threats. Way beyond anything even Knox herself and notably her own lawyers ever claimed. 

  • Here is Steve Moore claiming that around a dozen cops in rotating tag teams of two assaulted a starving and sleepless Knox over 20/30/40 hours, threatened her, and refused her a lawyer throughout.

  • Here is Saul Kassin claiming that Knox was interrogated over the entire night of 5-6 November, until she was finally broken and a coerced “confession” emerged - even though the “false confession” actually framed Patrick and was in reality a false accusation. That Kassin ignores.

  • Here are several former FBI profilers blatantly embellishing the same claims in a book, with (today) 60 five-star reviews.

And yet Knox’s own Italian lawyers specifically denied her accusations! No complaint against the police was ever lodged. All courts disbelieved her. Knox served her three years. But still the PR-driven hoax keeps resounding.

4. The Intended Course Of Our Series

Hopefully we will get this done in about 20 posts. Starting in the next post is trial testimony, the first from Inspector Ficarra, newly translated by the professional translator ZiaK.

Rita Ficarra presided over the first recap/summary with Knox (again, a recap/summary is not an interrogation) on 5-6 November and was later present when Knox was read her rights.

We’ll then post more newly-translated trial testimony of other police present at the central police station on the night, and what the magistrates in 2008 and 2008 and trial and appeal judges from 2009 to 2014 made of this.

Then we enter the alternative universe of the numerous conspiracy claims, extending to Sollecito’s 2012 book and Knox’s 2013 book, her lengthy email to Judge Nencini in 2014, and so to her appeal to Cassation, pending as of this date.


Wednesday, January 15, 2014

Mignini And Giuttari Win Final Round In Spurious 2010 Conviction By Rogue Prosecutor And Judge

Posted by Peter Quennell




Poison pill sown in 2006

The entire edifice of the Knox PR campaign was always built on a foundation of sand. 

Years ago, the wannabe real-crime-reporter Doug Preston was shaken to the core when Dr Mignini and others figured out with the help of court-authorized wire-taps that he and Mario Spezi were planting evidence and using fake IDs to frame someone they had wrongly concluded was the “real” murderer in the Monster of Florence case.

In uncalled-for retaliation (he got off very lightly and could have faced a prison term) Preston went back to the US and, safe there, wrote a nasty and largely fictional book. He repeatedly claims it was really the cops and specifically Dr Mignini not Preston & Spezi who were dumb and blundering in not sufficiently investigating and charging the “real” murderer.

Fast-forward to 2008

Almost nobody in Italy supports Preston’s and Spezi’s “solution” to the MOF crime which they seemed to hope would bring them big bucks and whole new careers. That solution is widely regarded as a joke and there is voluminous evidence against it.

Nevertheless, Preston’s MOF book is published in the US, demonizing Mignini in great detail.

Knox PR aide David Marriot and his media pet poodles and online thugs, including the wild-eyed Paul Ciolino of CBS and the bizarro Frank Sforza of Perugia, were all over the notion that it was Mignini and not Preston & Spezi who had done something seriously wrong. 

The mafia always has an interest in taking Italian justice down a peg, and opportunities were increasingly seen here. The mafia’s various useful idiots in the US (John Douglas, Saul Kassin, Dempsey, Burleigh, Steve Moore, Michele Moore, Heavey, Fischer, Doug Bremner, Hampikian, Halkidis, and some others) who have plagued a correct understanding of the MOF and Perugia cases all helpfully all piled on.

Fast-forward to January 2010

Dr Mignini and the former head of Florence detectives Michele Giuttari were convicted in Florence on spurious grounds. See our posts back then by Commissario Montalbano and TomM.

The purpose of the Florentine investigation against Mignini and Giuttari was obviously a pretext, a ploy aimed at blocking the seemingly very threatening Narducci arm of the MOF investigation. In fact it was a pretext for the rogue Florence prosecutor seizing the Narducci case file back from Dr Mignini in Perugia and burying it out of sight.

Nevertheless,  the demonization of Mignini became even more shrill, multiplied globally by the gullible Joel Simon of the New York-based Committee to Protect Journalists in foolishly protecting the proven liar Frank Sforza who is now facing THREE trials.,

Fast-forward to November 2011

The Florence appeal court reverses the 2010 convictions because the case was brought by the SAME rogue Florence prosecutor who was caught on tape meddling in the Narducci investigation and who was one of those (there were others) trying to slow it down or destroy it. 

Fast-forward to January 2013

The Supreme Court scathingly endorses that reversal.  The attempt from within the Florentine court to de-legitimize the Narducci arm of the MOF investigation was from now on definitively at a dead end.

The investigations and trials of those who had for mysterious reasons been hampering the Narducci investigation were also put back on track by Cassation. Most threatened is Doug Preston’s mate Mario Spezi. He seems headed for a prison sentence for sure, leaving Preston (a major meddler in Meredith’s case) also legally very exposed..

Fast forward to April 2013

Dr Mignini is promoted, gaining very high marks in a competitive process. From this point on he will handle only appeals, and when Dr Galati retires (expected soon) Dr Mignini is expected to be the #1 prosecutor of the Region of Umbria.

Fast forward to summer 2013

The Turin prosecution office finally obtains the investigation file on Mignini and Giuttari from Florence as the Florence appeal judge and Cassation had instructed.

The investigation file should have been sent in November 2011 for action leading to full closure on the substance, but the Florence prosecutors illegally sat on it, presumably fearful of what could happen to him.

The Turin prosecution office had little interest in re-opening what seemed a dead-end and frivolous case. If this was what Mignini and Giuttari had wanted, the charges could have been dropped, but without any court finding of “not guilty”.

However, Dr Giuttari and Dr Mignini explained that they wanted a court finding of “not guilty” on the merits of the case. They WANTED the Turin court to read the evidence and to make a final ruling.

Fast forward to today

The Turin court did meet. Andrea Vogt posted this report.

For those keeping track of the various “sideshows” in the Amanda Knox case, a Turin court Wednesday definitively acquitted Perugia prosecutor Giuliano Mignini of three charges against him in connection to his investigations into the Monster of Florence case.  The court shelved another three charges because the statute of limitations had expired. One abuse of office charge involving the wiretapping of a La Stampa journalist will be heard in court on March 18, but its statute of limitations appears to expire just days before, so it is unclear if the case will go forward. None of the matters relate directly to the Amanda Knox case, but they were often referenced by the prosecutor’s detractors.


And what next

The Italian justice system protects its senior judges and prosecutors from criminal defamations intended to obstruct justice with some powerful measures. They were originally intended to keep the mafia in its place as defamation of police, prosecutors and judges is one of its mainstays.

All of the false claims about Dr Mignini are still out there. Preston’s book is still on sale. So is Burleigh’s, Dempsey’s, Fischer’s, and John Douglas’s. Joel Simon’s seriously wrong claims are still online. Not one has recanted or wound back.

Knox and Sollecito each repeated the baseless claims at length in their books, and even embellished them. Michael Heavey parrots them to the State Department. They are the main crutch of Bruce Fischer, Steve Moore, Michele Moore, Doug Bremner, and so on.

However, the required pushback by Florence prosecutors and others has begun, and with today’s ruling will accelerate. Frank Sforza is already on trial for calunnia and the Italian justice system is quietly zeroing in on many others, all the book publishers included.

On March 14 the magazine Oggi which published many of Amanda Knox’s baseless claims in Italian must appear in court in Bergamo. Knox and Sollecito themselves may find a heap of new legal troubles after the appeal verdict is announced on 30 January.

*****

Numerous posts by Kermit and Yummi still need to be linked to.


Sunday, October 06, 2013

Dr Mignini Pushes Back Against His Demonizers Trying To Ascribe Non-Existant “Satanic Theory”

Posted by Peter Quennell



[Preston left, Spezi center, and George Clooney who is at legal risk for his option on their defamatory book]

1. Dr Mignini’s Published Statement

To the editor of Florence Corriere

Dear Director,

I am Giuliano Mignini, the magistrate who performed the investigation and trials of first instance and appeal in Perugia against the people accused of the murder of Meredith Kercher, as well as the investigation into the death of Francesco Narducci linked to the one performed by the Florence Prosecution Office in relation to the masterminds of the “Monster of Florence” murders.

I saw reported the interview that the journalist Mario Spezi – a person accused in the Narducci case – did with Amanda Knox, a main defendant in the appeal trial that will start today – published in the Corriere Fiorentino on Sep. 29.
 
In two recent cases the Court of Cassation has annulled verdicts, which acquitted Knox and Sollecito, and which decided [by Judge Micheli] a dropping of charge against Spezi (the parts regarding ‘lack of certainty about malice’ were annulled too).

Therefore I don’t need to add anything further on that point.  Instead, I need to point out the falsehood of an assertion which Mr. Spezi makes at the beginning of his article, as he tries to explain the reason for a link which, in his opinion, allegedly exists between the two cases, the one related to the Monster murders and Narducci’s death, and the one about the Kercher murder.

Mr. Spezi’s text says: “… a strangely similar background, for two different cases, behind which the magistrate thought he could see satanic orgies on the occasion of Halloween for Amanda, and ritual blood sacrifices as a worship to the Devil in the Monster of Florence case…”.

This is an assertion that Mr. Spezi and crime-fiction author Douglas Preston have been repeating for years, but does not find the smallest confirmation in the documentation of the two trials, nor in the scenario put forward by the prosecution in which the Meredith murder (which didn’t happen on Halloween but on the subsequent night) was the consequence of a sex hazing to which Meredith herself did not intend to take part, and, above all, it was the consequence of a climate of hostility which built up progressively between the Coulsdon girl and Amanda because of their different habits, and because of Meredith’s suspicion about alleged money thefts by Knox.

Furthermore the object of the proceedings in the Narducci case is the scenario about the murder of the same Narducci and the attempt, by the doctor’s father and brother, to conceal the cause of his violent death, and this included the background within which the event – which was a homicide in my opinion and in the opinion of my technical consultant, coroner Prof. Giovanni Pierucci of the University of Pavia – had developed and taken place.

I had already denied several time assertions of such kind, but Mr. Spezi and Mr. Preston, and some people connected to them, go on repeating a lie, apparently hoping that it will become true by repeating it.

Another astonishing fact is that, despite that I was the prosecutor in the Kercher trial together with my colleague Manuela Comodi and then subsequently with my colleague Giancarlo Costagliola [at annulled apeal], and despite that I limited myself to formulating judicial requests which were all agreed to by a multitude of judges and confirmed by the Supreme Court, I am still considered as the only one responsible for an accusation against Ms. Knox and Mr. Sollecito, by twisting its content in various ways.

In the Narducci case, in the same way, I simply limited myself to performing the investigation and requesting the remands to trial, and the trial will have to start again now because the Supreme Court has annulled the dropping of charges [by Judge Micheli] and sent back the trial to another preliminary judge in Perugia.

The purpose – quite overt – of such endlessly repeated lies, is to defame the investigator, picturing him as a magistrate who is following alleged personal obsessions rather than sticking at facts, as instead he is.

The hope that such conscious misrepresentation of reality could bring advantage to the defences (foremost that of Spezi himself) is consistent with a bad habit which has all along flourished in Italy but is now also copied abroad.

Therefore I ask you to please publish my rectification against false and seriously defamatory information.

Kind regards

Giuliano Mignini

2. Context: The Mafia Playbook Adherents

As we have often d previously, the mafia and their handmaidens strive constantly to bring the Italian justice system down a peg or two.

When not using dynamite, as they often did in the past, they especially favor the weapon of character assassination of witnesses, judges prosecutors and police.

The vilification campaign being run in the United States by David Marriott, Chris Mellas, Doug Preston, Bruce Fischer, Steve Moore, Michelle Moore, Nigel Scott, and David Anderson (and from Italy by Frank Sforza) seems to be right out of the mafia playbook, whether all of them know it or not.

How the mafia have been using the public relations campaign to their own advantage seems set to emerge further in at least five of the associated trials coming down the pike: those of Luciano Aviello, Frank Sforza, Mario Spezi, Raffaele Sollecito (his book trial) and Amanda Knox (her book trial).

And now Mario Spezi, obviously a real glutton for punishment, once again piles on. Spezi has had incessant run-ins with the Italian law - and now he seems to have entered some kind of self-immolation end-game.

With Doug Preston, Spezi published several editions of their Monster of Florence scenario. These are widely discredited in Italy, not least because they are such obvious attempts to apply lipstick to a pig (half of the text is about an obviously red-handed and very very scared Preston trying to prove he did not actually melt down under interrogation for his probable felony interference in a case.)

Spezi has been charged with interfering with and hampering both the Monster of Florence investigations and the related investigation (which involved Dr Mignini) into the Narducci drowning - a clear murder (the body was found bound and another substituted) though a nefarious group worked very hard to deny that. (They were all charged as well, and the Supreme Court has recently confirmed the correctness of that.)

In recent weeks the Supreme Court has given a firm order for both prosecutions against Spezi to go ahead. How Spezi stays out of prison if he is found guilty is anyone’s guess. Doug Preston came up with a calamity of an explanation for the arrest of Frank Sforza for domestic violence, but presumably his assistance wont be sought this time around. 

So in face of impending prison Spezi really watches his tongue, right?

No, in fact in a move bizarre even by his own standards, Spezi on 29 September published a surreal “interview” with Amanda Knox in Florence Corriere. It once again repeats the felony claim that the prosecution charged Knox and Sollecito in the first place based only on some “satanic theory”.

The Perugia prosecution has never never NEVER claimed that. The Florence prosecutor has already moved into felony-investigation mode (this could cost Spezi more years in prison) and on 3 October Florence Corriere published this correction below by the defamed prosecution (translation is by Yummi).

This unequivocal statement (far from the first but the most prominent) has its own legal status. It is a clear legal warning to the likes of Chris Mellas and Bruce Fischer that if they sustain the libel they are at risk of felony charges also.

The statement has already had a strong ripple effect in Italy. Many former allies - some of them not very savory - now feel that Spezi has lied to and betrayed them for his own ends.


Thursday, August 15, 2013

Trashing Of Italian Justice To Bend Trial Outcomes And How The Republic Pushes Back

Posted by The TJMK Main Posters



A big mob trial in Italy

1. Those Who See To Trash Italian Justice

Based on murder and incarceration rates there are not so many bad guys in Italy. But those who are bad can be very very bad.

Those with a vested interest in taking Italian prosecutors and police down a peg to affect trial outcomes can be bunched into 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.

None of them are simply pro-Amanda or pro-Raffele. All of them have hidden agendas, and all are under the constant eye of law enforcement.

Any of the above can join forces. Fighting institutions that make the public safe can make for strange bedfellows. Those attempting to trash justice can use any or all of three prongs in their attacks.

1) Assassinate the prosecutors and judges assigned to mafia cases. Over 100 in recent years have been assassinated.

2) Bend the laws in parliament. Bent laws excessively favoring defendants have greatly affected this case.

3) Flame the justice system and those who work for it. The pro-Knox pro-Sollecito campaign has definite mafia fingerprints.

Italian justice has adopted powerful if usually latent ways for law enforcers to push back and try to arrive at just outcomes.

If officers of the Italian courts are publicly accused of crimes in the media while a legal process is playing out, and the claims are malicious and untrue, this is not a civil matter (defamation, slander or libel).

It is a criminal matter (in the UK and US too) for which sentences can include long prison terms.

If the officers of the Italian court who are attacked are very senior and have an anti-mafia role they are REQUIRED BY LAW to request a criminal investigation by a chief prosecutor to take place.

They essentially have no further role themselves after that, except to provide true testimony in court.

A range of measures is then available to investigating chief prosecutors, up to and including invoking the powers of the Council of Magistrates and even the President of the Italian republic. 

2. Trashing Of Justice In Perugia Case

If we look closely - a lot closer than all the UK and US media look, 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 ally with mafias and 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? Michael Heavey? Nina Burleigh? Candace Dempsey? Greg Hampikian? Paul Ciolino? Judy Bachrach? David Anderson? Joel Simon?  Bruce Fischer, and his vast operation?

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.

3. Pushback In Meredith’s Case:

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.

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 Sfarzo (now on the run from the law in the US and Italy); Halkidis and Hampikian (see the 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. 

4. Pushback In Monster of Florence Case

Yummi mentioned some pushback 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.

5. Pushback In Related Cases

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.


Thursday, March 21, 2013

Hard Line Against Seeming Self-Serving Meddling By Preston & Spezi Likely To Get Cassation Nod

Posted by Peter Quennell



[Another crazy provocation from Preston & Spezi The Angel With The Eyes Of Ice due in Germany soon]


Breaking news.  Cassation is deciding right now on a formidably worded appeal by the Umbria Prosecutor General to sustain the MOF/Narducci investigation.

The mood generally in Italy is pro the Giuttari and Mignini Monster of Florence supposition, for which there is some firm proof, and not in favor of the hairbrained Spezi and Preston supposition, for which there is none at all. Giuttiari’s book Il Mostro sells very well, while Spezi’s and Preston’s MOF hardly sells at all.

Continued investigation had been stymied by the self-serving actions of certain Florence prosecutors in charging and convicting Giuttari and Mignini for supposed harm to themselves. That conviction was reversed a year ago by an appeal judge in Florence for lack of jurisdiction, and several week ago Cassation scathingly ruled that the case must come to a total end..

The judge who found Giuttari and Mignini guilty (Francesco Maradei) is now up to his ears in his own trouble for bending court outcomes, seemingly due to pressures and bribes. Meanwhile the way has been opened for Mignini to move up to the level of Prosecutor General for Umbria (there are four prosecutor posts at that level) in the next few weeks.

Giuttari spoke out strongly about the trumped up case, and in yet another unexpected development the police chief he blamed for blocking strong pursuit of the case, Antonio Manganelli, has just died.

This post by Yummi of 21 January (especially the second half) is a vital read.

One thing you can say for the fictionalist Doug Preston: he never knows how to quit when he’s behind! 

Read our many, many posts especially by Kermit exposing Preston as a serial liar here.  This new book [image at top] by Preston and Spezi in German on Meredith’s case is promised for release next month, and included in the publisher’s blurb is this claim:

In Perugia, Italy, the British student Meredith Kercher is brutally murdered in her apartment. Prime suspect is her American flatmate Amanda Knox and her Italian boyfriend Raffaele Sollecito. With sparse circumstantial evidence both are convicted to extremely long prison sentences. Two years later, an appeals process frees both. Douglas Preston and Mario Spezi roll out the spectacular case of Amanda Knox from scratch. Previously unpublished details, interviews with lawyers involved and the exposure of the dubious machinations of the Italian prosecutor Giuliano Mignini guarantee a breathtaking reading that can compete with any thriller.

Yeah, well, good luck with that one.

As we have reported in depth the Chief Prosecutor in Florence is already considering contempt-of-court charges for Raffaele Sollecito based on a large number of complaints about his book. If Amanda Knox’s book which is promised for next month impugns even one Italian official, she can be assured of the same..

Presumably so can Preston if this book, the latest of his many hairbrained ventures, comes forth.  More reporting right here when Cassation decides on the Prosecutor General’s appeal.


Monday, March 04, 2013

Disarray And Decay In The Pro-Knox Parade: #2 Key Knox-Mellas Flunkie Now AWOL On 2 Continents

Posted by Peter Quennell



[Click the image above for Frank Sforza’s first posts in November 2007 - scroll down for English]


Foolish False Allegations Against Italian Officialdom Sparking Increasingly Tough Legal Reaction

That was the header of our post of 19 December. This is the excerpt on Perugia Shock blogger “Frank Sfarzo” who like Bruce Fischer is unwillingly outed under his real name (Frank Sforza) and found to be exceedingly mundane. 

Sforza hides behind the name Frank Sfarzo as an intemperate and rarely accurate blogger on the case. He brings no known professionals skills to the task. He is reported to be the target of criminal charges relating to alleged abuse of the sister and mother with whom he lives. His unsavory reputation and desperate finances mushroomed openly the other day, when he was reported in personal confrontations while visiting Canada and Hawaii.

Sforza now faces a defamation suit as well, for claiming to the whole world via Doug Preston and Joel Simon of the Committee to Protect Journalists in New York that he was being persecuted by a prosecutor back in Perugia. The prosecutor was not even involved. Seems to us an open and shut case.

While on the west coast of the United States and Canada and Hawaii late last year, Sforza attracted the attention of the police in three cities.

Charges in two were dropped but he was a no-show for the court case Kermit elegantly described here. The judge issued a warrant for his arrest.

Meanwhile his legal trouble in Perugia escalated. He failed to show for court hearings in Perugia in December and January and his lawyer walked. He was to face charges of violence against the police when they were called to quell a rampage. They were called by his mother and sister.

Now Frank Sforrza has again failed to show up in court, this time in Florence, and police will be actively looking for him. This case concerns one of his craziest “scoops” which was that Mignini was in cahoots with drug dealers, whereas exactly the opposite is true, Perugia drug dealers fear Mignini and he has taken a number of them down.   

Sfrorza was initially cocksure (like Sollecito) on his return to Italy late 2012 and made taunting posts on Facebook and Fischer’s Misinformation Forum (like Sollecito) early 2013 but he has since gone very quiet and fled the internet (like Sollecito) as the deep legal trouble he is in slowly seeps in.

Back in 2007 and 2008 those of us who were here then followed Frank’s Perugia Shock postings and it was only late in 2008 that for murky reasons he jumped the shark and switched his sweaty attentions over to Amanda Knox.  Read his first posts here. Scroll down for English.

They were actually at times accurate - and he clearly did think Sollecito and Knox were up to their ears in it.  Read his headline on the last image below. On 10 November 2007 he even penned this satire.

A: Shit, my roommate is dead, do you mind if I sleep at your place?
R: Sure, so we can have another couple of joints. The guy just supplied me.
A: Greaat!
R: Hey what are those cellpones?
A: Oh, it’s her cellphones. Do you think I should hide them?
R: Give them to me… Uuuuhuuuh! (he throws the cellphones away).
A: Oh my goood, what have you done? You’ve thrown them in that garden! They gonna find them!
R: Naaa, don’t worry. My sister is Carabiniere, I know how to handle such things.
A: Hey, you should throw away your knife too.
R: What? Throw my knives away? I’m from Puglia, you know? I always have a knife with me.
I can’t believe you just said that. You know what? You better sleep at your place.
A: Oh no, please, don’t make me sleep at my place. There’s blood in the bathroom. I’ve already got my sweater dirty. I had to throw it away, can you believe it? I don’t’ wanna loose another sweater.
R: Oh right, good, ok, sorry, you can sleep at my place. By the way what happened to your roommate?
A :She made everything dirty with her blood, and then she stopped moaning about one hour ago.
R :Hey I was there with you at that time.
A: Are you sure?
R:Yes, don’t remember? We were… you know?
A: What?
R: We were having sex. Did you already forget?
A: I’m not sure.
R: Actually I’m also not sure too, now, I’m too smoked.
A: We should do something than. They’ll come to take us.
R: Naaa. Are you kidding? I’m from Puglia. There’s mafia in Puglia, you know? My sister is Carabiniere! And My father is a doctor, you know? DOCTOR! He makes a call and I’m not gonna have any problem.
A: What about me? Well, if you save me too I’m gonna give you anything you want. You can have me anytime, no problem.
R: Actually I’d prefer some joints. By the way, no problem. Now we break the window and they’ll think was some thieves.
A: What if they don’t buy it?
R: Don’t worry, I know how this things go.
A: Yes, your sister is Carabinieri. Well, anyways, I’ve sent a message to Patrick so they can still think was Patrick.
R: Fine. He’s such a perfect suspect. Now let’s go to sleep. I’ll set the alarm so tomorrow I’m calling my sister.
A: Are you gonna remember that?
R: I’ll put a note on the fridge.
A: However… Are you sure that wasn’t us to hurt her with your knife?
R: To hurt who?













Saturday, February 23, 2013

An Overview From Italy #3 Dr Michel Giuttari Speaks Out About The Trumped Up Florence Case

Posted by Machiavelli (Yummi)



[Dr Michele Giuttari, former head of the Mobile Squad in Florenece and prominet authoer]


Dr Giuttari and Dr Mignini are connected because they both investigated the Monster of Florence case - and because a nasty case trumped up in Florence in retaliation has just been killed by the Supreme Court. .

The erratic Mario Spezi and his timid colleague the sniper from afar Doug Preston have blown up that case to gigantic proportions, as have the Knox and Sollecito forces, and most recently (very foolishly and ill-timed, as his claims may constitute contempt of court) Raffaele Sollecito himself.

Some important background can be found in Overview #2 and Comments here.

Michele Giuttari started his police career in the 1970s’ as a mobile squad detective in Calabria; after 15 years of “Calabrian “ experience he was appointed to the Anti-Mafia Division of Naples, and subsequently became the head of the Mobile Squad in Florence.  During his Florentine service time, following investigation guidelines under the direction of prosecutor Piero Luigi Vigna, he produced a solution to the ‘Monster of Florence’ case, but also brought the investigation to an unexpected turning point.



[Former Florence chief prosecutor Piero Luigi Vigna created the “monster of Florence” term]


As Vigna deduced, the MoF was not really one serial killer, but rather the manifestation of the killing activity carried on by a small group of people, at least three.  In fact three people were found guilty for taking part to the murders;  but both prosecutor and judges were not entirely satisfied: because there was evidence – so the court concluded – that someone else was involved too, who remained unknown.

The investigation into the death of Dr Francesco Narducci was opened in Perugia in 2005 as a routine cold case, because of Narducci’s wife’s and relatives’  doubts about the “official” version of his “accidental” death in Lake Trasimeno. 



[Former Perugia doctor Francesco Narducci found drowned in Lake Trasimeno]


Points of contact between Narducci and the MoF emerged independently from two directions, from the Perugia investigation, and from Giuttari’s findings from the previous Florence investigation.

Crossed analysis with the data bank collected by Michele Giuttari showed that several people were common witnesses both in the Narducci and the MoF case, while many things in the Narducci case were not adding up (for example, the unburied body was found to have died by strangulation, not by drowning, his trachea and hyoid bone were crushed). 

Something even more unexpected was that the investigation into the Narducci case revealed - and partly itself triggered - a network or other collateral crimes. A number of people were caught engaged in criminal activities with the purpose of plotting cover-ups and obstruction of justice on this cold case.  Among them were law enforcement officers and lawyers. 

But most surprising and peculiar, there was a fierce reaction from some magistrates among the Florence judiciary, in an attempt to stop the Perugia investigation. 

The first wild accusations launched by a Florentine prosecutor against Perugia offices were proven false, so the most serious charges were dropped by a preliminary judge as obviously unfounded. 

But a second wave of legal action followed, alleging that Giuttari and Mignini’s wiretapping recordings were false;  this accusation was also proven false in a trial, as expert technicians demonstrated the authenticity of all material.

But after ignoring the objection about territorial competence the judge managed to let one accusation stand – that of abuse of office, a charge less serious than the previous ones, which was not formulated on points of facts but only on points of law – at the first degree trial.

After some years,  this charge was canceled, as the courts finally declared the whole investigation illegitimate, and they nullified both the first degree trial, and the investigation and indictment itself.

A last attempt by the Florentine prosecution to further delay closure was ended by the recent, final Supreme Court verdict.  Meanwhile, a couple of Florentine magistrates were successful in stopping the investigation into the Narducci case, for a total of seven years.   

Unfortunately these happenings are not entirely new to the Italian judiciary. This one resembles other happenings – possibly more serious – that affected the system in recent Italian history (the most famous examples are the Elisa Claps, or the plots known as “Toghe Lucane” targeting known magistrates such as Luigi De Magistris and Henry John Woodcock). 

The system shows symptoms of stress from the whole extreme political instability of the country, but so far it still manages to fiercely resist those drifts.

Michele Giuttari is also an author.  Albeit he is not the top crime fiction novelist for sales in Italy (the Italian market has top-class masters in the genre), yet he is the top-selling Italian crime writer in the English speaking world. Curiously, the best-seller among all his titles published in Italy – the non-fiction book about the history of the true MoF investigation – is the only one in his books which has so far been rejected by American publishing houses.   



[The top-selling Michele Giuttari book, the non-fiction Il Mostro]


His last book bears the title “The Evil Dreams of Florence” [image of cover at bottom] and he might have chosen it as a metaphor of what he was drawn into by some people within the Florentine authorities and some in high positions.

After the final Supreme Court verdict on Feb 8., he posted a long comment about it in Italian on his Facebook page, in which he addresses his criticism mainly toward the head of police Antonio Manganelli . 



[Chief of Italy’s civil police Antonio Manganelli]


I agree with Giuttari about the shame police chief Antonio Manganelli brought on his administration through the terrible handling of the case of the Genoa G8 violence.  In 2001 some police corps attacked and tortured peaceful demonstrators in Genoa, following political inclinations, in what was called by Amnesty International “the most serious violation of civil rights committed by police forces in Western Europe” after WW2.

The leader of the Democrats (the main opposition party) at the time called it “state violence with a fascist mark”. Recently Cassation definitively called the event a “shame”, and prominent journalist Marco Travaglio wrote an open letter to Antonio Manganelli, saying “I beg you to kick out from your police force the authors of such henious crimes” . 



[Police violence against peaceful protestors at Group of 8 meeting Genoa 2001]


Yet Manganelli (ironically his name means “batons” in Italian, and the Diaz School night assault is now remembered as “la notte dei manganelli”) –  a man who apparently has the quality of being friends with many high-profile politics – had chosen to “help” them, to defend and protect from prosecution the proven authors of political violence, while at the same time, apparently he didn’t care about what was going on in Florence and quietly pulled a curtain of silence on a “politically uncomfortable” issue. 

I add that Manganelli was recently found to be the most paid public employee of the Italian State (with a wage of 621,000 euros per year).

Dr Giuttari expressed his outrage against Manganelli in a comment on his Facebook page which I translate below.

He makes this statement on behalf of Dr Mignini as well. 

Seven years of deafening silence by the head of State Police Manganelli

On February 8. 2013 the Supreme Court of Cassation, by declaring them inadmissible, put the final seal on the investigations that the Florentine prosecution had “illegitimately” carried on against myself, on the basis of mere accusatory theories about absurdly formulized charges of abuse of office which, allegedly, I committed concurring together with Perugia Public Minister Giuliano Mignini in the course of official activity, during my enactment of the written orders of a PM [supervising magistrate] at the time when I was responsible for a special team which had been created by the head of the police through a Ministry decree. 

And this [Supreme Court] decision confirms, in a certain and incontrovertible way, on the one hand the “instrumental” nature of the judicial events, and on the other hand the fact that we should not ever have been investigated; and, what’s worse, that we should not ever have been tried in Florence by magistrates who weren’t impartial at all: and this is exactly what Cassation has asserted, addressing the investigators with a clear message, even if they did it by using the available legal formula of territorial incompetence (functional rectius)! 
     
So ended a case of Italian miscarriage of justice, which, besides causing damages to we the defendants, it also caused – and this is even more serious and absolutely unforgivable – the stopping in 2006 of the ongoing investigation into the death of the medical doctor Francesco Narducci in Lake Trasimeno, which was believed to be connected to the serial murders of couples around Florence (the so-called monster of Florence). 

It was seven long years of bitterness.  Seven long years of blocked investigation.  Seven long years of denial of justice to the victims’ relatives.

Seven long years during which the head of State Police held to deontologically [ethically] reprehensible behavior, which was especially serious since we are talking about a man [Manganelli] supposed to be an institutional point of reference for many people who put their lives at risk on a daily basis – who was appointed to occupy a top post (by the way, as we recently learned, a financially very, very well paid post), and he simply abandoned to his fate one police officer [myself] who had a professional history not inferior to his own, though not to his predecessor who held the same post before him.

This officer – leaving aside the solving of the monster of Florence case – was

(1) honored in the fight against the ‘ndrangheta [the Calabrian mafia] (on July 10. 2009 the Chief Prosecutor of Reggio Calabria declared publicly that Giuttari as a detective “created a turning point in the history of fight against ‘ndrangheta”);

(2) honored in the fight against the camorra (when responsible for the judiciary police department of the Anti-Mafia Division of Naples, I was appointed on request of the national Anti-mafia prosecutor Bruno Siclari for travel to South America for an important and dangerous investigation about an international drug traffic and an impressive series of murders);

(3) honored in the fight against the Cosa Nostra, and in particular the investigation of the 1993 mafia massacres of Florence, Rome and Milan (chief prosecutor Vigna, as he concluded the preliminary investigation, sent a letter to the head of the Anti-mafia Division – letter #8/95, sent on 2.2.1995 – where he stressed the officer’s important contribution);     

I could go on.

They were all “pure” investigation , with no contribution from mafia turncoats or cooperators!

And what about the head of the state police?

He didn’t do what he was supposed to in his function as the police chief:

(1) protect his officer, from risks including those deriving from the important police activities accomplished; answer – or make someone answer for his office – the explanatory letters that were sent to him, very detailed letters which had a judicial corroboration today (letters were sent directly to him on 2.20.2010 and 5.20. 2010);

(2) protect him from professional and economical damage (for example by paying in advance, as was his duty, the legal expenses)  since he knew very well that the officer operated in an institutional role, in the name of and on behalf of his administration.

He remained deaf to the various requests which were forwarded by the Minister of Interior himself at that time, he didn’t do anything. Inexplicably, he ignored everything. 

And further, I cannot keep quiet about the punishments against the cooperators in my working team.

None of them was allowed to go back to the Mobile Squad, they were all appointed to totally unrewarding duties such as guard work.  All these humiliations were offenses to the personal dignity of hard working people, as humble servants of the state let alone being police officers. And moreover it was true professional competences that were lost. 

A deafening silence.

I might go on but I want to recall instead what Manganelli did – even at the cost of his own public exposure – in favor of those colleagues who were involved in the Genoa G8 events, the saddest page in the history of Italian police to my memory!

They were actually promoted in their rank and functions! I think about what he did for them, even paying thousands and thousands of euros in advance for their legal expenses and for the provisional damage payments, as reported in newspapers (Il Secolo XIX of 5. 22. 2010, p.6).

A deafening silence.

These of the head of police are conducts reasonably leading anyone to conclude that he used a double standard, he considered his employees, involved in different cases, as divided between “sons and stepsons” (the Genoa case ended with definitive convictions of all on all charges, the case where I was involved was shown to be a judicial flop). 

Or even better put (it is incorrect to call his behavior a “double standard” or a different treatment for “sons and stepsons”)  it was actually two opposite policies, on situations that were opposites to each other.

No, that’s really not good at all. That’s not how it should be. 

And you should not ignore your own employees while you listen to those who are criminally indicted, you have your personal secretary call to fix a hearing at the Ministry with them, and you listen to them while they complain against others who were investigating them by written orders of the Public Minister ! (in the trial papers – no longer officially secret – there are phone call recordings with unequivocal meaning).

the head of police Manganelli was utterly disappointing to me, since he revealed himself to be light-years distant from the man and the officer I happened to know at the beginning of the eighties, before his drift into pernicious “political” things.

Hopefully, soon or later, a parliament inquiry on the Perugia and Florence judicial events will be appointed, to search into the behavior of some institutional personalities. I’ll be ready to offer my contribution to that.

And I’m sure Dr. Mignini will do the same too.

I conclude with a twofold question:  Will the head of police now feel some guil, at least morally as a person? Doesn’t he think he should respond – if not to an ordinary court – to the most severe tribunal of his own conscience, within his internal judgment?

Michele Giuttari,  ex-head of the Florence Mobile Squad

 



[Cover of Michele Gittari’s book “The Evil Dreams of Florence ”]


Monday, January 21, 2013

An Overview From Italy #2: Current Perceptions In Italy, Justice Perverters Fail, Mignini Vindicated

Posted by Machiavelli (Yummi)





My previous report on the bad news remorselessly building here for the defense was on the Procura Generale appeal to the Supreme Court.

One year ago – between the end of December 2011 and beginning of January 2012 – there were only rare idle comments in the Italian press about the Meredith Kercher case, more or less sarcastically noting the “suspicious” circumstances of the Appeal trial.  I recall how a mention of the topic was dropped into the last number of “ll Venerdì” of 2011.

“Il Venerdì di Repubblica” is the weekly magazine issued together with the newspaper “La Repubblica” (thus probably the most read magazine in Italy).

The cover theme of that week was provincialism – or better “the provincials” - the adjective used to assemble a sample of seven little cities (Cuneo, Voghera, Rimini, Jesi, Perugia, Benevento, Partinico), picked from different regions, and taken as examples on the theme, that is stories of “local colour”;  what goes on in small “provincial places”.  A few characters and stories are brought in to depict the local life of each place, and the voices of local authors adds something about the places.

The article about Perugia (at pages 62-68) was by Luca Cardinalini. In that number of Il Venerdì, having stories of “local colour” as weekly theme, there were shades of ironic tones for each city, often through the voice of local intellectuals. As Perugia is described, the Meredith trial is quickly recalled among its local stories; the reader can’t miss how this is viewed as in connection with another most remarkable feature of the city, that is Masonry.

According to Luca Cardinalini and Enrico Vaime, Masonry is called a “Specialty” of Perugia, like chocolate. Local author Enrico Vaime intends to convey the people’s perception about shady powers existing in the city, about a local environment saturated by plots and informal powers, as something behind recent strange judicial decisions such as the Hellmann verdict and the apparent dropping of the Narducci case.  The widespread belief of Perugians that the Public Minister (prosecutor) is the righteous one shines through the words of Enrico Vaime.

Also notice how racism appears to be another key perception about the verdict. Quality media press in Italy has a typical style of understatement.  This comment hints that it seems obvious that the Appeal was a racist verdict - and it was “expected” that they would find a way to blame the black one and the outcast. 

Some of Perugian “provincialism” seems to include a very narrow localism of Perugian identity: a person from Orvieto is reported to be called “a foreigner” ; but this is because the cultural viewpoint is based on the assumption of a personal knowledge of all people.  In among this, there is Vaime’s knowledge about how rooted Masonic tradition and power is in the city, in a scenario of “brotherhoods” and “tribes” (the article includes a photo of the most known “Masonic” monument in Perugia: the gryphon or griffen – the emblem of Perugia – grabbing a toppled Pope’s Tiara in a sign of rebellion). 

The report by Vaime is objectively correct : the concentration of members of Masonic lodges in Perugia is the highest in the world, about 5 times the national average of Italy (which is anyway very high). 

In Vaime’s wording decent people in Perugia are ‘Christians’ or ‘Communists’ – these are the names he uses to address the main categories he sees as “good” people, two transparent moral systems.  He devolves skepticism toward the less transparent allegiances, the murky and informal connections to powers. 

I believe these perceptions from one year ago, in this colorful article about Perugia, should be most interesting to the readers of this site.

The first part of the article on Perugia is not that interesting - it speaks mostly about a local character named Ivano Massetti, nicknamed “Savonarola of Umbrian football”,  the director (“boss”) of a local TV network and leading showman of his own soccer talk show. I skipped this first part with depictions of local folks, and get to the point at p.66 where the Kercher case is first mentioned. 

This is my translation of the article from this point:

[…](p.66 line 17):

As Enrico Vaime – a 100% Perugian, a writer, and among many other things fiercly provincial – already knows: “Only in Perugia do you hear people saying “actually Tizio [random guy] was not a native from Colombella, but from Piccione”, which is three times further”. And when his grandfathers (farther of his father) bearing the same name Enrico Vaime, moved his formal place of residence [to Perugia] from Spello, on the official documents they wrote “emigrated to Perugia and married to a foreigner from Orvieto”.

The roots are extremely deep. “Still today” Vaime says “when I say to my family “we go back home”, I mean here, in Perugia, where I have not owned a house for decades. And I still call the roads and shops with the names they had when I was a child, even if now the owners are foreigners, from Shangai or, as I say, from Terni”.

Vaime is cross with the bad reporters who described Perugia, in the Meredith murder case, as a capital of corruption and vice: “An invasion of charlatan journalists who, as they believed they were visiting a remote and lost province, they painted it as a sort of Chicago on the Trasimeno Lake”.

[The fact] that no Perugian was involved in that sad story, to them that was an irrelevant detail. And the trial ended just the way many Perugians expected: a black guy first wrongly put in jail, another black one convicted, the two white, good-looking, wealthy and well defended young people, free.

So it was that the Public Minister Giuliano Mignini became a target. He’s a Perugian whom the Perugians know as the dominus of the other judicial case – this also is, yes, entirely local – about which everybody talks and knows, but always in a low voice: the death of doctor Francesco Narducci,  the one suspected of having ties to the crimes of the Monster of Florence. From the judicial point of view that was - by half – just another hole-in-the-water [a failure] for which some critics have hastily put the blame on some alleged lunacy of the public minister.

But…  however… meanwhile, this [Naducci] corpse-swap was indeed found to have been for sure, a kind of unique case in the criminal history of the country. And, for what concerns the recent acquittals of those characters involved in this death, well, after almost a year and a half we are still waiting for the verdict motivations. All of the suspects were esteemed high-class professionals. That’s a perfect mix of strange deaths, sex, lead-astray investigations, and Masonry; this is in the city with the highest number of Masonic lodges in Italy.

Vaime sighs: “Masonry is something alien from me, but I have many friends who are in it. In Perugia it works as a compensation chamber for various powers, but also as an effort for the surge of the spirit to many decent people. Masters, masons and “33”, but all of them decent Perugians”.  Masonry is considered a local specialty, just like the bruschetta or the Etruscan arch.

“One day you find out that that mediocre employee of your acquaintance, or the one who performed an incredible career in the public administration or in politics, is a ‘son of Horus’. Then you either laugh, or you slap yourself on the forehead just like saying to yourself “Wow! [how could I ] think about it!”. “That travet* [*a generic mediocre opportunist employee], too” 

Vaime says “to me it is a strange Perugian, with little interest for the Egyptian god compared to his covet for entering inner circles of a certain world. Their internal motivation is “I want to see how the lords sit at the table”. But in there [Masonry], you see, there are also good Christians and good Communists; as has always happened in this province, which has the art of living together in its genes”.

[…. ]



This month – Jan 2013 – the Italian press returned to the topic of the case again in a few brief articles. This time it was because of Sollecito’s book.

After Maurizio Molinari’s report from New York on the book in September, and the busting by Bruno Vespa on Porta a Porta of Francesco Sollecito, who ended up openly contradicting his own son’s statements, another hint appeared in the local press about what is cooking up backstage. 






This article in Perugia Today has a neutral take, but the same understatement and kind of vagueness as it anticipates that something very likely will happen.

What I find most delightful is the quotation marks in the title around the word “author” – journalist Nicola Bossi doesn’t believe for a moment that Sollecito actually wrote the book: 

Meredith Case: “author” Sollecito at risk of criminal lawsuit

The recounts about an alleged negotiation in order to pin the main charges on Amanda Knox, and unproven violence by the Perugia Police are under target. Mignini is considering criminal lawsuit.

Written by Nicola Bossi – Jan 4. 2013  

The Meredith case is not closed, and this despite books and movies almost tend to drop it after the acquittal in second instance of Amanda Knox and Raffaele Sollecito - who were convicted in first degree for the murder of the English girl that took place in Via della Pergola.

On upcoming March the 25th the Court of Cassation of Rome will have to decide on the request for a re-opening the trial, submitted by the Procura with the authorization of Public Minister Giuliano Mignini.

In the environment of the magistrates there is confidence about a [guilty] verdict that many – in Italy and in the USA - have heavily attempted to discredit. But from the same environments around them, they talk about a greatly serene Mignini making assessments about the next strategic moves, following the attacks directed against him – and against those in Law Enforcement who cooperated with him – contained in the book by Raffaele Sollecito.

An upcoming criminal defamation lawsuit is becoming more and more likely every day, especially about some particular paragraphs. The material published by Sollecito has already resulted in discussions and clamor above all about claimed negotiations [with the prosecution]  aiming to shift the blame onto Amanda alone, to be rewarded with his immediate release.

But there are also accusations against the Police about violence during his interrogations. “If you dare get up and walk, I beat you up in a bloody pulp and I kill you. I leave you in a pool of blood”. This is what you read in the book ‘Honour Bound’ issued in the US, as what Sollecito attributes to the Perugian officers.

“They wanted me to lie so they could frame Amanda”: this is the premise of the claimed negotiations claimed to indirectly involve Mignini too, which he always denied. Allegedly this would have been enough to get [Sollecito] out from prison soon, leaving the American woman in trouble.

So, these are grave accusations which Mignini apparently does not intend to let go unpunished. The criminal lawsuit is likely to be filed earlier than the date of Cassazione [25 March].

 

Another small piece of news is this article below published in Leonardo and written by Valentina Cervelli: 

It seems basically a “commented” version of the Perugia Today article. Cervelli adds a few polite lines on her own thoughts in this piece, published on the Bbooks page of Leonardo,it; this is my translation:

Is Raffaele Sollecito going be sued soon for “Honor Bound”?

By Valentina Cervelli -  6. Jan 2013

Are there troubles in sight for Raffaele Sollecito? His “Honour Bound” book is going well in the United States in terms of sales, but here in Italy it might be soon result for him in a lawsuit for defamation by the Law Enforcement forces and by the Public Minister Giuliano Mignini.

As we know already, in Honor Bound – My journey to hell with Amanda Knox and return Raffaele Sollecito has reconstructed the whole judiciary story from his point of view, telling in his autobiography what [he says] is his own truth.

On March 25 Cassation in Rome will decide on the [prosecution] request for the re-opening of the trial submitted by the Procura authorized by Giuliano Mignini, after the acquittal in the second instance of the two main accused, Sollecito and Amanda Knox.

The young woman has returned back to her country and we bet it’s going to be difficult, if not impossible, to get her back in our country even in case of retrial after Cassation and a possible conviction. But lets leave aside this possible dispute and lets focus on the book. In Raffaele’s book Mignini is iimplicated because he reportedly comes out discredited. In the material published by Sollecito in his book he even talks about alleged negotiations in order to blame Knox alone, obtaining in reward a quick release.

And what about the allegations of Police violence during interrogations? Of course we don’t get into the merits, but it seems obvious that parties that may be considered offended would tend to launch a counter-attack to defend their dignity and their work. At the moment no lawsuit has been submitted. But with much probability that will be done before the decision of Cassazione.

By now we can only wait for the publishing of the book in our country, in order to assess with our minds what Raffaele Sollcito has written and the “hot” material published in his made-in-the-US autobiography.

By the way; one thing Valentina Cervelli might get wrong is the purported good sales of Sollecito-Gumbel’s book.

The Amazon.com site is reliable as quick indicator of a product’s success;  the price of a new copy of “Honor Bond” on Amazon.com is now $ 3.51 (last week it was 3.76; the cover price is $ 24). It suggests sales are not quite as expected.  The drop speed is significant if you consider that the book has been out for only four months.



[Above: the Florence Palace of Justice]


While many honest magistrates seem to be working in Florence, there is still some strange behavior by one or two people in the Florence prosecution office.

Iin particular by the chief prosecutor there were some unexplainable decisions.  As people reading this site know, Giuliano Mignini and Michele Giuttari were convicted (of some of the charges) in the first degree trial in Florence. 

The motivations document was disconcerting because: besides the proof of their innocence on the main charge, what was described as the evidence on the remaining charge constituted extremely weak and vague arguments for what was claimed about Giuttari, while they were totally non-existent about Mignini. 

In the second instance appeal as we know the court completely crushed the trial case.

The case against them collapsed not because of a technicality, as the FOAs falsely claimed. In the figment of their imagination the Knox supporters erroneously thought that the Florence court had an “option” to overturn the case, to find Mignini and Giuttari innocent, but that they instead decided to pass the judgment on to some other tribunal.

The pro-Knox believers are probably also ready to believe blindfolded that there was some kind of evidence against Mignini.

The Knox believers are wrong. What in fact happened in Florence is something almost unique in a judge’s career. The first remarkable event was the decision by the Florence court of nullifying the first degree verdict. They did not simply overturn the verdict (neither change, or “reform” it as we say) since an overturning would imply acceptance that a previous verdict actually existed and was legitimate.

The cancellation was in fact an in limine act about the validity , which does not require an assessment about it correctness. The court went way beyond. In fact they nullified the whole trial, not only the previous one in terms of judgment, but also the preliminary hearing, and the indictment; and even the request of indictment. 

It is a legal outcome not comparable to a simple change or overturning because it is a ruling that the whole proceeding was illegitimate from the very roots. The investigation itself of Mignini and Giuttari was declared illegitimate. 

If elements were found for the opening of an investigation, the prosecutor would be entitled to carry on their duties, though the investigators should be from another territory.  This is important because the Florence court found evidence that people from the same office were involved in cases against Giuttari and Mignini, both as offended parties and as prosecutors. 

Because of a basic conflict of interest, the local prosecutors were incompatible and the Procura of Florence had no jurisdiction. Not even Genoa would be compatible.

Florentine prosecutors therefore had no right to bring cases against Mignini and Giuttari. The investigation files now must now be sent to the competent jurisdiction – where they should have been sent from the beginning – which is Turin; there other legitimate prosecutors will decide if and how there is anything to investigate about, and if there are any charges to bring against anyone.  The Florentine trials should have never taken place. The court ordered that the legitimate investigators are the Procura of Turin. 

In addition, they also ruled that the court of Florence would be an incompetent jurisdiction in any further possible case that stems from that investigation: since the competent prosecution is Turin, in case elements for the indictment of anyone for any charge are found, in the future, everything should go to a court in Turin – this, only if there will be any charge to bring to court . 

This decision in Florence was a total debacle for the Florence prosecutors.  It is in fact “politically” much worse than an overturning of a verdict. It is not just a like a different conclusion on the merit, it is the decision to take away even the investigation from them, a kind of implicit censure of their work as highly illegitimate.

But at this point in the procedings, something even worse and even more strange happened.  The Procura of Florence did something even more unusual, in fact unprecedented as far as I know. 

Apparently the Florence prosecutors are not happy at all to pass the investigation file on to Turin. For some reason they seem instead to want to do unnecessary and irrelevant hard work instead.  The Florentine prosecutors impugned the decision and revisited this at the Supreme Court against the Florentine judges.

This step is almost unheard of because the decision of the Florence appeal court is of a type that manifestly cannot be impugned at the Supreme Court. The recourse is obviously going to be declared inadmissible. If that submission was done by a private citizen, they would get a heavy fine for that.

Here it is a power in the Florence judiciary branch making this inadmissible move; for unknown reasons. 

I’d like to know the real motive behind the latest Florence move, the only effect of which can be a waste of time (and money), a delay, of at least one or maybe two more years, which only makes the failure of the whole proceeding against Mignini and Giuttari more likely due to lapse on an expiration terms.

I say “I’d like to know” but in fact one motivation stands out as obvious:  the whole proceeding against Giuttari and Mignini, from the first bringing of the charges at the lower courts, appeared as having a wasting of time among its purposes. 

One practical effect - maybe a practical purpose - of pushing the charges against Mignini, was taking the file about the Monster of Florence case links with the Narducci case away from Perugia. By this move, the Florentine prosecutors managed to factually put their hands on the Narducci-MoF file and remove it from the investigating powers in Perugia.

Another effect of this was delay. Now this latest move looks as if its purpose were to delay, as much as possible, the transfer of the legal documents to Turin.   

What is the ultimate event that, by all this, they seem to be seeking to delay?  I can’t know for sure, I can only guess; in fact, I have only one answer, which also stands out as something obvious for those who know a bit of the backstage: 

Giuliano Mignini is not an ordinary magistrate, he belongs to the Anti-Mafia Territorial Division of Umbria, and recently was selected for a further promotion by the Supreme Council of Magistrates.

In fact what is delayed is the advancing of Mignini’s career:  in fact he has been already promoted to a directive function; but, by the rules, his taking the post was frozen while awaiting the outcome and conclusion of the Florentine prosecution. 

Prosecutor Mignini is de facto already functioning as a prominent Magistrate in Perugia and considered as such; but formally he has not been given the directive power.  Several people – among them Spezi and a number of his journalist friends, but possibly also other much more important people too – are likely not at all eager to see Mignini awarded further power.

About the latest endeavor by Raffaele Sollecito, who became liable for criminal defamation by writing false allegations about Mignini and others in his book, I expect - as logically unavoidable – that several powers and subjects will basically have no option but taking legal against him.

There will be a strategic necessity to doing this in order to prevent extradition issues in the future, but also, above all, on principle, because Sollecito made false claims about public institutions that needt to have their names cleared.  Considering the kind of allegations against the judiciary as an institution, and considering that Mignini is a judge of the Anti-Mafia Division, this is the kind of lawsuit that I see as likely to be submitted on a national level, in Rome. 

If that is the case, it would not be the only strange thing that the courts of Rome will deal with.

It seems like there is a kind of “curse”  on proceedings related to the Narducci case. All sections of the Supreme Court which have been asked seem to have attempted to declare themselves ‘incompetent’ about re-opening the cases related to the Perugian doctor. The Cassazione is a huge office with a hundred judges working there, but maybe not so many of them are eager to deal with this case.

This could be only a coincidence. It only brings up to my mind, through a free association of thoughts, a more generic question – a personal question of mine – that is whether the words “Masonry” and “Politics” have an echo in Roman corridors too.

*****

Finally I want to add another significant piece of Italian news. 

The news a week ago was that the Procura of Florence is investigating a possible corruption/mafia plot involving construction enterprises and politicians that revolves around the building of a new high speed railway in Florence.

Some 31 people are being investigated and among them is the former governor of Umbria. A huge drilling machine – nicknamed the “Mona Lisa” – used to dig subway tunnels in Florence was sequestrated by the Procura. 

In the last couple of years Perugia’s prosecution office had a main role in fighting political corruption, but it seems that the Florence Anti-Mafia division is also active, just as it was in the times when the prosecutor Vigna worked with them.

Vigna was the one who first evolved the “secret sect” scenario in the Monster of Florence case, raising unexpected problems among the Procura staff.


Thursday, October 25, 2012

Powerpoints #20: On Contradictions, Here Preston Contradicts Preston

Posted by Kermit



[James Frey, Stephen Glass and Clifford Irving; writers caught playing fast-and-loose with the truth]


This is the second in a new Powerpoint series. Click here if you have Powerpoint or the Powerpoint Viewer program loaded. If not here is the Viewer download.

In the first question that we posed to fiction thriller writer (and now, self-described “point-of-view journalist”, whatever that euphemism means) Douglas Preston a few days ago, we asked him about his and Spezi’s Afterword to their book The Monster of Florence.

It appears to be full of errors and insinuations in linking the MoF to the Meredith Kercher murder case. A book that is based on a “True Story” should not be found to be derelict in presenting errors or fiction as true fact, neither at its end, nor in its beginning, nor in any other point between.

In this, the second question that we pose to Preston (and Spezi, if he’s available for replies), we go to the start of the story, where Preston recalls how he met Spezi, in the smoky haze of a backroom of the Caffè Ricchi in the centre of Florence and first learned of the existence of the monster … or did he? 

The problem is that in equally emphatic terms, you can also hear Preston on an NBC Dateline documentary describe how a few months earlier (I calculate) than the Caffè Ricchi tête-a-tête, he describes hearing about the Monster of Florence for the first time from his neighbours in the town he lived in in Italy.

And this, in an interview with Stone Philips of NBC with a camera crew and their equipment on-site in Italy in front of his old rented house. At a time when Preston was already telling the rest of the world that he couldn’t return to Italy, banned by Mignini! In my opinion, things can’t get much more cynical than that.

The contrast between Preston’s two clear, explicit and totally mutually-exclusive descriptions of how he learned of the Monster of Florence may seem like a trivial point, but it really is not.

Every writer knows that the key factor at the start of a book is engaging and maintaining the reader’s interest so that it lasts to the very end. A fiction writer is free to use whatever mechanism he may need to make that engagement. However, authors who describe their tale as a “True Story” as do Preston and Spezi should realize that reader trust is – poof! – lost if you load the start of the True Story with something that isn’t so.

Recent history has seen a number of writers who push and cross the limit of the Truth and rush headstrong into Truthiness, Mistruth, or Lies, peddling stories that attract our interest and are human, daring .... yet end up being exposed as blends of truths and half-truths.  Together with insinuations and a lot of out and out fibs:

  • Clifford Irving went to jail for his unauthorised and totally false “autobiography” of Howard Hughes, see the Richard Gere movie poster below..
  • The New Republic magazine fired Stephen Glass after determining that at least 27 of 41 stories written by Glass for the magazine contained fabricated material.
  • James Frey’s publisher has had to reimburse those purchasers of “A Million Little Pieces” who bought it believing it true (it was commercialized as such).

Where will Spezi and Preston take us with The Monster of Florence? All it takes is for one reader to question: could this really have happened as they are making us think it happened? Why when I read the Italian version of the book do I understand something completely different? Why in Italy is Il Mostro considered the better, much more accurate book?

From there the truth in the story starts to unravel. As we already see in the Powerpoint presentations, the start and end of the English-langage MoF book don’t exactly encourage us to take any of its contents at face value.

Now that the Meredith Kercher murder case approaches its final appeal, it looks like Preston and Spezi are moving to develop some sort of MoF sequel that could be titled The Monster of Florence: The New Generation starring Amanda Knox and of course Preston and Spezi. And including fresh new “True Stories” by the pair. 

Personally, I feel that they could spare both us and Amanda’s cause their “truth” – Amanda and her legal team have more than enough to think about right now, with the Supreme Court appeal and the mess the Raffaele Sollecito book dams them in.

I believe that the shrillness of Preston’s and Spezi’s tales of “truth” will increase its pitch as we approach the March final appeal of Knox and Raffaele Sollecito as suspects in the murder of Meredith (Knox has already been found guilty of one crime and has served her prison sentence for falsely accusing Patrick Lumumba of murdering Meredith). 

This is going to be a very tough appeal – I urge readers to take a look at the English translation of Prosecutor Galati’s request for the appeal. It is surprising in its strength and balance. The Knox and Sollecito legal teams must be busy (will either defendant dare to be in Italy at that time?) and they know they are going to have a rough time of it in March.

How nice for all concerned if all the fictions now drop dead.



Posted on 10/25/12 at 04:11 PM by KermitClick here & then top left for all my posts;
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Tuesday, October 23, 2012

How Doug Preston’s Wrong Claims In His MOF Afterword Were Often Contradicted In The Past

Posted by The TJMK Main Posters



[Above: Said to be Doug Preston’s nice workshop in coastal Maine where he apparently makes his stuff up]


This is our own “afterword” to Kermit’s Powerpoint post below on Preston’s Afterword in which Kermit quoted original sources to back up all his claims.

Our profuse quoting of original sources, including many translated ONLY by PMF and TJMK from the original Italian, is what gives PMF and this site such strength as points of reference used regularly by media on both sides of the Atlantic.

Preston doesn’t really seem to be able to provide references for his own work.

In his deeply anti-Italy MOF book, he offers no bibliography, no footnotes, no overview of key documents, few sourced quotes, and interview quotes that often seem stretched and maybe flat-out wrong (as with the one with Madame Bene in the Afterword, about the claimed non-investigation of the screaming drug addict in the square). 

In a rather self-congratulatory comment Preston posted on the CPJ website 18 months ago, he claimed this.

Before publication [The Monster of Florence] was minutely vetted by no less than five attorneys in two languages in Italy, the U.K., and the United States. Since publication, it has been read by millions of people in many European languages. In all that time, and with all the millions who have read the book, not one significant error of fact came to light. Mario Spezi and I stand by every single assertion of fact in that book today just as strongly as we did when it was first published three years ago.

Really? Well, without sources to check, what exactly did all those lawyers do?  The Afterword claims were published only in English, so that very few Italians who do know Italy and the case ever got a chance to provide alternative points of view - a few did, though, and there are several sarcastic Italian reviews on Amazon. In Italy, the more credible Guittari version outsells it 10-to-1. 

Preston’s lurid and under-researched claims then of course went viral.

You can see his claims about Rudy Guede and the “14 hours” interrogation and the meanie Mignini and junk Italian reporting and the incompetent Italian justice system and anti-Italianism generally disseminated all over the web. Read things by Candace Dempsey and Nina Burleigh and Michael Heavey and Saul Kassin and Bruce Fischer and Nigel Scott and Joel Simon and you will see the Preston claims parroted there.

Even in Raffaele Sollecito’s book we are turning up some of the claims!

And yet literally dozens of correct statements of fact that contradict Preston’s MOF Afterword have been posted on PMF and TJMK and other sites and in various books over the past four years. These are just a few on the 14-page Afterword posted on this site alone.

1) Contradicting Preston’s claims about the incompetence of the Italian System.

    Click “They Were Held For A Year Without Even Being Charged!!”

    Click Why The Italian Judiciary’s Probably Less Prone to Pressure Than Any Other In The World.

    Click Why The Prosecutors In Italy Are Relatively Popular.

    Click The Chief Enforcer Of The Constitution And The Rule Of Law is Wildly Popular Throughout Italy.

    Click Italian Campaigner For Victims And Their Families Says The System Is Denying Them Justice.

    Click A Token Balance In The Italian System: The Voice In The Court For The Victim

    Click Compared To Italy, Say, Precisely How Wicked Is The United States?

    Click Why The Totality of Evidence Suggests Knox And Sollecito Are Guilty Just As Charged.

    Click An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation


2) Contradicting Preston’s claims about the Knox “14 hours” interrogation

    Click Our Take On The Case For The Prosecution: #3 Raffele Sollecito’s Multiple Conflicting Alibis.

    Click Our Take On The Case For The Prosecution: #4 Amanda Knox’s Multiple Conflicting Alibis.

    Click This Testimony Does Not Seem To Have Gained Much Traction Here In Italy.

    Click Italy Shrugs: Why The Defendant’s Testimony Seems To Have Been A Real Flop.

    Click Dr Galati: Note An Example Of How Curt Knox’s Campaign Is Misleading American Experts And Audiences.

    Click Dr Galati: Attacks On Prosecution By Curt Knox’s Hatchet Men Becoming Shriller, More Fictional #1


3) Contradicting Preston’s claims about Rudy Guede and his central role in the events

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

    Click A Visual Guide To The Staged Break-In Via Filomena’s Window.

    Click Powerpoints #6: Trace Evidence Seems To Confirm More Than One Perpetrator At Scene.

    Click Powerpoints #7: Forced Entry Via Filomena’s Window Fails The Giggle Test.

    Click Powerpoints #10: Telling Evidence Against Sollecito The Experts Seem To Have Got Absolutely Right.

    Click Powerpoints #12: The Telling Case Of The Doctored Footprint

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


4) Contradicting Preston’s claims about the large knife and DNA in the house

    Click Understanding Why The DNA Is On The Knife.

    Click What We Believe Are The Hard Facts On The Double DNA Knife.

    Click Setting Out What We Know About The Mixed Blood Evidence Samples From The Massei Report.

    Click Conti-Vecchiotti DNA Review Is Weak, Tendentious, Cites Non-Existent Standards

    Click An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation


5) Contradicting Preston’s claims about an evil Mignini and satanic illusions

    Click BBC Interview: Mignini Comes Across As Fair, Decent, Funny, And Quite Sane.

    Click Prosecutor Mignini Offers Some Helpful Advice To A Factually Challenged Reporter

    Click New Mignini Interview Makes Doug Preston Look Increasingly Incompetent And Vindictive.

    Click What His Florence Conviction Means For Giuliano Mignini And The Case.

    Click That Widely Watched LA7 TV Interview With Giuliano Mignini

    Click Open Letter To CNN Head Ken Jautz: Reports As Terrible As Drew Griffin’s….

    Click Full CNN Interview With Mignini That CNN SHOULD Have Reflected

    Click Mignini’s And Giuttari’s Florence Convictions Are Overturned As Florence Court Had No Jurisdiction.

    Click Dr Galati: Please Check Out What Looks Like A Mischievous Defense-Inspired Global Hoax.

    Click A Ten Part Series Showing How Mignini Was Misrepresented By Preston, Sforza and CPJ.

    Click Powerpoints #13: We Now Examine The Compelling Evidence For The REAL Railroading From Hell

Sunday, October 21, 2012

Powerpoints #19: Placing The Noisy Claimant Doug Preston In The Hot Seat

Posted by Kermit





This is the first in a new Powerpoint series. Click here if you have Powerpoint or the Powerpoint Viewer program loaded. If not here is the Viewer download.

This curious incident instigated this series:

A week or two ago I received an unexpected email from Douglas Preston, co-author with Mario Spezi of The Monster of Florence (Spezi also wrote an Italian version that seems to conflict at points with the English version) and a heated champion of the attempt to free Amanda Knox, who is stlll accused pending Supreme Court appeal of the murder of her housemate, Meredith Kercher, in Perugia on 1 November 2007.

Preston explained that he wanted to write a “piece” about the “Knox case” and that he would like to do a 10 question email interview with me.  I got the hunch that Preston and Spezi are going to be active over the next few months in the media as their cause is increasingly thrown in disarray. Along with, I presume, their possible movie based on the Monster of Florence book.

I was surprised that Preston said he would “quote you accurately, honestly, and in context, and represent your views respectfully and accurately”. 

Hmmm. We all have in our memory Preston accusing me (see his comment April 28 2011 at 6:57 pm) of “distortions, falsehoods, and crackpot opinion presented as settled fact. Kermit’s open letter contains many out and out lies”.

He also claimed, erroneously, that I hide behind a “screen of false IP addresses and various other hacker tricks” (what, has Preston tried to hack me?) and that I had “demonstrated a long history of falsehood and dishonesty” (I have?!).

Given that past experience, would you trust Preston? Silly me, I’m ready to give anyone another chance.

In return I proposed that the interview be two-way, and that we each proceed question by question on the issues that we wanted to clarify for us to publish in due course. I included a first question on seeming significant errors and mistruths in the “Afterword” or epilogue chapter of his and Spezi’s Monster of Florence book.

Very disappointingly, he didnt respond in kind. Nothing useful came back. He concluded “as for my (Preston’s) ‘objectivity,’ I am a point-of-view journalist in this case. People know where I stand and they know my bad history with Mignini. I don’t pretend to be objective”.

Should Preston really call himself a journalist or an opinion maker, or a lobbyist?  Why can’t people just respect the Italian legal process, which right now is not (and never was) firmly in the hands of Prosecutor Mignini, Preston’s perceived nemesis?

As we seem set to be subjected once again to seeing Preston and/or Spezi regularly sharing their rancid opinion of Prosecutor Mignini and Italians officials on the case with the public, I decided to get out in front, with this series pre-emptively checking their versions of the “truths”.

The Monster of Florence book is labeled (see above) a “True Story”, and while it does include historical facts related to the MoF murders in the 60’s, 70’s and 80’s,  the two authors also personally intrude themselves into events.

This series should help the public to decide how seriously (if at all) they should accept Preston’s and Spezi’s opinions expressed in their media appearances where they interject themselves into Meredith Kercher’s murder case.

And to see if any of Preston’s self-described “point-of-view journalism” truths he shares with Spezi really stand up.

Please check back to TJMK every few days as we pose new questions to Preston and his co-author Spezi.

Posted on 10/21/12 at 05:23 PM by KermitClick here & then top left for all my posts;
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Friday, February 17, 2012

Were Prospective Knox Publishers Given The Full Score On The Likely Legal Future Of This Case?

Posted by Peter Quennell



[Above: the seemingly hornswoggled Jonathan Burnham and Claire Wachtell of the HarperCollins house]


One publisher who passed on the Amanda Knox book then came here to read and told us he was rather shocked.

All the publishers going in to the auction were apparently not briefed by the Knox huckster team about the legal minefield this case still continues to represent. It may not have mattered to HarperCollins of course. It was HarperCollins that published OJ Simpson’s notorious “If I Did It” and they seem to have come out ahead.

One of the quirky outcomes of the Simpson venture the Amanda Knox team might like to draw a lesson from is that the “If I Did It” book (written by a ghost writer for Simpson, and as one Amazon reviewer said “chock full of omissions”) directly fueled the public anger that helped to put Simpson behind bars for a long time.

Typical of the hyper-cautious Italian system, this case is passing through three automatic phases like a three-act play.  The Knox team can beef now about harassment and double jeopardy, but they have filed their own Supreme Court appeal, and it is written into the Italian constitution that no verdicts and sentences that are appealed are final until the Supreme Court signs off.

Act One

Act One started early in 2009 three months after Guede’s trial and we all saw as reported here on TJMK a very speedy and precise presentation of the prosecutions’ case. This was followed by the spectacle of Amanda Knox doing herself considerable harm in her two days on the stand. Thereafter through autumn and well into winter 2009, a weak and faltering defense was presented, with several court days simply cancelled because the defense could think of nothing more to say.

Judge Massei’s jury then quickly came to a unanimous verdict and he wrote up the reasons for it in an excellent 425-page report. He differed in only one major respect from Judge Micheli who in October 2008 concluded that Amanda Knox had organized and led the pack against Meredith and that Rudy Guede was unwittingly or accidentally drawn in to her torture and murder. (He still handed Guede 30 years.)

Judge Massei didnt cover the Rudy Guede evidence in nearly the same depth as Judge Micheli (Guede was only briefly in the Massei courtroom, and because Mr Mignini would not do a deal he barely spoke). In rather a stretch, Judge Massei argued that Guede set the escalation in motion which resulted in Meredith’s death. Few of us believe that.

UK and US lawyers have told us that under US and UK rules it is very unlikely that any judge would have then allowed the case to go to appeal. Knox and Sollecito would have served out their time and possibly emerged much better off for it - you can see the ugliness flowing back into them now..

Act Two

Act Two in 2010-11 saw the playing field becoming increasingly tilted. Mr Mignini happened to catch on tape a Florence prosecutor lamenting that the Monster of Florence cabal for which Doug Preston is such an eager beaver was tying his hands. The Florence prosecutor then sought to get his own back by taking Mr Mignini to court.

All sorts of amateur second-guessers on the evidence now got into the act, and few outside Italy any more had a firm command of the actual hard facts. It is rumored that Judge Hellman may have had a bias even before he ever got involved with the case. Mention of Meredith was almost nowhere to be found, and there was a constant drumbeat for Sollecito and Knox kept alive by their families and the US media and the MP Rocco Girlanda.

Helping the defenses was that soon after Meredith’s death the defenses played one huge trick. They failed to show up when Dr Stefanoni did her DNA tests. That then allowed them to impugn and slur her and her work with no hard evidence to hand. This rose to a crescendo when Judge Hellman’s two under-qualified consultants reported at appeal.

Amanda Knox still ended up being handed three years in prison, but with time served Judge Hellman released the two “young people” which was a verdict that to very few informed Italians made sense. 

Act Three

Act Three starts with legal terrain that looks very different. Dr Galati has set the stage for a very, very tough third act, and he is making quite sure this time that the playing field is not tilted by any further monkey tricks. No wonder the publisher mentioned up top is surprised though. .

  • NOT ONE non-Italian media source has made it clear that the Umbria regional prosecution office has a very special and prestigious status in Italy as the prosecution office that takes on cases against officials and politicians in the Rome government, so that the Rome police and prosecutors avoid conflicts of interest..
  • NOT ONE non-Italian media source has explained who Dr Giovanni Galati really is. He could rightly be described as the most experienced and respected and capable of all Italy’s 24 regional chief prosecutors. He was a Deputy Attorney General with the Surpreme Court in Rome before his assignment just over a year ago to Umbria, and unlike the main Knox and Sollecito lawyers he knows the internecine Supreme Court rules and ways of addressing Italian law like the back of his hand.
  • NOT ONE non-Italian media source has explained what we have reported in the four posts just below: that Dr Galati is stating that Judge Hellman BROKE ITALIAN LAW in two make-or-break respects. Judge Hellman is seen to have extended the appeals court’s terms of reference in ways that he is forbidden to do.  And he introduced the DNA consultants which (as Mr Mignini several times argued) he was also forbidden to do.

Amanda Knox and Raffaele Solecito now face the fights of their lives. The last thing they need in this shark tank is a couple of biased self serving books “chock full of omissions” and anti-Italy smears.

They will almost certainly have to get up on the stand under oath and cross-examination and try to explain their scenario in a context where they each have contradicted and even accused one another. Their lawyers may be okay at trial or first appeal level but they are very outclassed by Dr Galati at this third level and it would seem the Knoxes, Mellases and Sollecitos would be best served to find new (very expensive) Supreme Court teams

Italians on the whole are angry and humiliated at the ill-argued first-appeal outcome. Judge Hellman seemed to show biases that he really should not have. Dr Mignini is back to being in the clear in his case as it was ruled (rightly) that the Florence prosecutors did not have jurisdiction over him. The Supreme Court took a very firm position in December 2010 that Rudy Guede did not act alone. The defense star witnesses Alessi and Aviello that might help accomodate to this have imploded, and both may face trials of their own.

A pretty grim portrait of Amanda Knox both prior to Meredith’s murder and while Knox was in Capanne prison is not hard to find in Perugia from multiple sources. If a devastating “Real Amanda Knox” book is not inspired by the HarperCollins book, we will be surprised, and it could sell more than hers. And if the slightest defamation about anyone in Perugia appears in the AK book, then HarperCollins will have the great joy of finding out what “calunnia” means.

President Obama and Senator Cantwell both have tough elections on their hands and Hillary Clinton and the Rome Ambassador David Thorne (an Obama political appointee) will need to be in ultra-careful mode this time around. Amanda Knox and her parents and Sollecito’s parents all face separate trials coming up. Rabid books will not help any of them there.

And in April the likeable book “Meredith” by her father John will be published - by a global publisher (Hachette) five times HarperCollins’s size.

Posted on 02/17/12 at 01:21 PM by Peter QuennellClick here & then top left for all my posts;
Right-column links: The officially involvedNews media & moviesMedia newsAmanda KnoxKnox-Mellas teamMore hoaxers10 Mignini MOF hoaxKnox Book
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Tuesday, November 22, 2011

Mignini’s And Giuttari’s Florence Convictions Are Annulled: No Evidence, And No Jurisdiction

Posted by Peter Quennell





The ANSA news service is reporting that Giuliano Mignini’s and Michele Giuttari’s 2010 convictions have been annulled.

The Florence appeal court ruled scathingly that no evidence exists and also that the Florence trial court did not have jurisdiction. The case might be looked at again by the prosecutors in Turin or Genoa, which Mignini and Giuttari favor to get the spurious case against them more than just annulled. They’d like its root causes brought out. .

Mignini had caught the exact-same Florence prosecutor on tape, with a judge’s consent, bewailing the fact that the Monster of Florence cabal was tying his hands. That trial was simple a panicky attempt to get himself out from under which will hurt his career and the trail judge’s too.

It wasn’t Mignini who invented the Florence cabal (or satanic sect) notion, and he is suspicious of people (like Preston and Spezi) who work so hard to deny it.  Many of the Italian Monster of Florence books also argue 180 degrees away from Preston. Hmmm. What hold does the Monster of Florence sect have over Preston? Is he a secret satanist?! The world really wants to know…

Mignin’s quoted remarks outside the appeal court make it sound like he would like to resume the investigation of why Dr Narducci died suspiciously in Lake Trasimeno. That had to be halted because the Florence prosecutor seized all the papers on the case.

We have posted several times as much on Mignini as most of the UK and US media combined, and we translated a long email from him, and two long and very revealing interviews.

Kermit’s contrast of Preston’s satanic obsessions with Mignini’s really very mundane interests are an absolute must-view.


Friday, September 02, 2011

Nina Burleigh: View From A Broad Who Doesn’t Seem To Like Broads Or Being Abroad

Posted by Peggy Ganong





In Burleigh’s shoddy book on the murder of Meredith Kercher, she gets the victim’s birthday wrong. But that’s not all she gets wrong. From what I can tell, Burleigh simply skips over much of the key evidence in favor of gossiping about and criticizing other journalists who have covered the case.

She is particularly hard on female journalists, which is odd given that she prides herself on being a modern feminist. I find it very telling, for example, that she indicates what Barbie Nadeau and Andrea Vogt’s husbands do for a living (one works for the UN and one is a university professor), but does not see fit to provide us with any information on what the wives of any of the male journalists do.

The implication is clear: these two “females” took up writing as a sort of hobby after trailing behind their menfolk to Europe. Worse, Burleigh notes that though they are both American born, they are more European in “style” and “craft” which, aside from being absolute nonsense, remains unsubstantiated by any analysis whatsoever. It amounts to saying “they’re sooooo European”. What does that mean?

Well, once you know that Burleigh is a relentless and mindless cheerleader for the superiority of all things American, it becomes clear that what she means is that they are inferior journalists because all things European are inferior to all things American. Burleigh also claims that what she calls Nadeau’s “cosmopolitan speech affect” is an attempt to hide her Middle American roots (in Burleigh’s words, her “rural South Dakota accent”). She says the “statuesque redhead” Vogt looks like she could play the role of Brenda Starr.

In other words, Burleigh is trying to suggest that these two are imposters, merely playing at journalism by dressing up like a cartoon journalist or putting on airs and trying to talk like a big city slicker instead of a sharecropper.

In fact, Vogt has been a working reporter for fifteen years, was awarded a Fulbright scholarship in journalism, is trilingual and has published in English, German and Italian. I don’t know much about Nadeau’s academic training, but she currently writes on a variety of topics for both Newsweek and the Daily Beast. And the excellent Christopher Dickey thinks quite highly of her.

Meanwhile, back to Burleigh and her seemingly endless supply of sour grapes. At one point in her book, she mentions an Italian female reporter, but only to comment on her boots! One starts to wonder what she has against women, especially her professional peers.

Her male peers do not get a free pass, either, at least those who work in that dreadful country Italy where, according to Burleigh, freedom of speech does not exist. She criticizes foreign journalists based in Italy, basically calling them a bunch of cowards, so fearful of the Mafia that they confine themselves to writing about la dolce vita—food, wine and bunga bunga. This is absolute bollocks, of course.

John Follain, who has covered the case for the Times, has written two books about Italy in the fifteen or so years he has lived there: one is about the Mafia, while the other takes on the Vatican. Vogt investigated the White Supremacy movement in Idaho and has written an excellent book about it, not without exposing herself to danger. As for Nadeau, she has covered Italy’s garbage crisis, and in one gritty, unforgettable article for Newsweek describes walking through some of the most dangerous Mafia neighborhoods.

All three have been viciously attacked by Knox supporters. Meanwhile, Nina Burleigh is happy to fixate on what her fellow journalists are wearing and eating and drinking. Come to think of it, when she was a correspondent in France, she was obsessed with complaining about and criticizing French women, probably for not instantly recognizing her innate superiority.

It is too bad Burleigh opted to focus on this kind of crap instead of actually discussing much of the real evidence against Knox and Sollecito. Frankly, hers is the most disappointing and surely the nastiest book on the tragic murder of Meredith Kercher that has been published to date. After reading what Burleigh wrote about Nadeau and Vogt, I was left wondering why she has such an ax to grind with them.

Is it because they are at least a decade younger than she is? Is it because they live in Europe and she doesn’t? Is it because they are fluent in foreign languages and she isn’t? I really don’t know, but the book sure has a bitter stench to it.

The good news is I didn’t even have to buy it. In fact, I don’t want to be seen reading it in public. Thanks to Google books, I was able to find many of the offending passages on line. In addition, I can discreetly skim at my local bookseller’s. All in all, I have found it a pretty dull exercise. The book is glib, superficial and gossipy. One walks away feeling dirty and sad, wondering where one would be placed within Burleigh’s social and class hierarchy. Hopefully at least a hair above middle class.

I almost forgot to mention the pièce de résistance in Burleigh’s sliming of the two female journalists who did not roll over for the Knox family PR supertanker. Burleigh also asserts that these two small-town American imposters, after acquiring their polished “style” and “craft” by living in Europe, were “appalled” by the way AK and her family “flouted” Italian mores, implying that this snobbery tainted their reporting.

While I recall both journalists providing good analysis of how and why some of the antics of AK and her family were not good strategy under the circumstances – for example, AK’s decision to turn up in court one day wearing an over-sized “all you need is love” t-shirt or her sister Deanna’s choice of courtroom attire on July 4 (red-white-and-blue hotpants outfit) – I have never read anything suggesting they personally disapproved of or were appalled by the American and her family.

Since this snide and non-sourced aside appears on the same page as Burleigh’s claim that Nadeau tried to hide her “rural” accent with a “cosmopolitan speech affect”, it is fair to say that Burleigh’s real goal is to discredit them as objective reporters. It is almost as if she - Burleigh - were taking dictation from Doug Preston! And if Burleigh finds this to be a sexist remark, then I suggest she take a long, hard look in the mirror.

In the same section of the book, Burleigh describes John Kercher as a tabloid reporter and notes that neither he nor his family even “attempted” to learn Italian, relying instead on their lawyer to tell them what was going on.

Yes, you read that right: Burleigh thinks that the grieving Kercher family should have set aside their grief and contacted Berlitz straight away! And she implies that it is a mistake to rely on their legal counsel for information or advice. (At least Italy gives the victim’s family a legal voice.) I guess Burleigh would prefer that the Kercher family turn to people like Amanda’s stepfather Chris Mellas, or the various profiteers riding the PR supertanker: David Marriott and Doug Preston to name just two. This is apparently what Burleigh did.

It is clear from what I have read that Burleigh is not concerned with the victim Meredith Kercher or her family. She seems more interested in passing judgement on those she considers inferior in station to herself (just about everyone),complaining about life in Italy and taking pot shots at other journalists. My guess is that deep down she likes Italy about as much as she liked France, which is to say not much, maybe not at all. Burleigh is that quintessential Ugly American. I saw early signs of it in her reporting on this case for Time.

Incidentally, she did not begin until June of 2009, when the trial was well under way and almost two years after the murder itself. I had never heard of Burleigh, so I decided to have a look at her earlier work, especially that on life in France. I truly was flabbergasted by her utter inability to cope in a strange land.

She took an instant dislike to the French in general and was unable to understand the culture, in part because she was unable or unwilling to learn the language. I find it ironic – and appalling – that she faults the Kerchers, of all people, for not learning the language of the country where their daughter/sister was murdered when she herself could or would not learn the language of the country she was residing in under happy circumstances.

Is it class or gender or nationality that Burleigh most has a problem with?

Hard to say, since she seems to have a sense of superiority that encompasses all three. Speaking of disapproval, Burleigh treats the Knox women and Meredith’s British friends in the same haughty, catty manner as she treats her professional peers. In fact, she refers to the Knox clan collectively as “a hair on the low side of middle class”. I guess from the throne upon which she has placed herself, Burleigh is able to make these fine distinctions and, in addition, finds it necessary.

And how about this fine value judgement on page 33? “Amanda was the sole member of the gaggle of menstruating, jealous, bitchy, angry, loving, needy females around Curt who could keep her emotions in check”. I’m not making this up; Burleigh actually wrote those words. One pictures hapless Curt surrounded by the seven dwarves (Jealous, Bitchy, Angry, Loving, Needy, Bloody and Amanda).

While I believe that Amanda Knox was rightly convicted for her role in Meredith Kercher’s death, and though I have been critical of her family’s decision to hire a PR firm that has attempted to manipulate public opinion, I certainly think they are entitled to a little more respect and empathy than this. Speaking of entitled, that is how Burleigh herself comes off throughout this book.

Moving on to Meredith’s British friends, Burleigh dismisses them en masse with this tightly packed bundle of sexism and stereotyping: “tweedy peaches-and-cream complected sylphs who moved as a pack”. How Burleigh would even know how they moved is beyond me, since she was not covering the case in the days or even months that followed this brutal murder. Perhaps, if they did stick together, it was for mutual comfort. That’s what the little people do, Nina.

Italian women are not spared either. In addition to her fixation on a local reporter’s boots (perhaps because she could not read her work?), Burleigh describes Police Chief Monica Napoleoni’s style as “part dominatrix, part donatella Versace with a badge” and another Italian policewoman as a “thick-bodied woman”. Nina’s motto: When in Rome and unable to follow what’s going on, focus instead on making disparaging comments about the way other women look.

Burleigh pretentiously dedicates her book to the victims of sexual violence, an odd choice since she does little more here than perpetuate the sexist and sexual stereotypes that underlie this phenomenon. I am all for supporting the victims of sexual violence and will do so by not buying Burleigh’s nasty piece of work, which adds nothing to our knowledge of the case anyway.

Anyone who really wants to read a good book on the murder of Meredith Kercher should try Darkness Descending and/or Angel Face, both out for some time now. In addition to these works, John Follain, who has lived in Italy since the mid-90’s and covered the case from the outset, has a book coming out soon. I seriously doubt he will be focusing on women’s boots.


Tuesday, May 24, 2011

Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #3

Posted by Skeptical Bystander


The previous post is here.

CNN’s report is downloadable here. The first hour is here and the second hour here..  Our translators were PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

0’28’’ CNN: you certainly made no secret about intimidating Preston and Mario Spezi

0’49’’ Mignini: Well, I do not understand what intimidation. So, well look. For starters, this proceeding near Florence has nothing to do with this issue. So this is a non-issue. So, as for Mario Spezi, and I’ll come to Preston later, Mario Spezi was subjected to an investigation that, in relation to this matter is not closed yet since it is still pending, and following [in relazione a] this investigation, a precautionary measure was requested, which the investigating judge granted. Then the re-examination Court [Tribunale del Riesame] instead reversed the decision. While, in Amanda’s case, [the precautionary measure] was confirmed. As you can see, in Spezi’s case, the re-examination Court [Tribunale del Riesame] canceled the precautionary measure on grounds of default. In the Court’s view, there were not enough serious indications of guilt on the subjective aspect [of the crime].There were [indications of guilt] on the objective aspect of the crime of calunnia [false accusation], the crime for which he was being prosecuted. On the subjective aspect, i.e. the bad faith, there were not. And thus the court, the re-examination Court, reversed this measure.

But during the investigation, even before a measure against Spezi had been requested, a relationship between this writer, Douglas Preston, and Mario Spezi had emerged. And Preston, a writer, was summoned as a “person informed about the facts”, I do not remember, I think it was February 2006. And he was, just like many other people “informed about the facts”, he was interrogated by me. During the interrogation, this time he was questioned by me as if he were, let’s say, a witness, during the examination as a person informed about the facts, evidence of guilt emerged against Preston. And, in particular, Preston’s answers were not consistent. They appeared to me, in that moment, they did not appear to be true. So at that point I stopped the examination. Look, the examination lasted approximately twenty minutes, not more. I met Preston only on that occasion. About twenty minutes ... I told him: “I must suspend this examination.” Just like the Police did with Amanda, always according to art. 63. “I must suspend your hearing because evidence of guilt has emerged in relation to the crime under art. 371 bis of the Penal Code”. Now, pay close attention to this [missing words]. “And thus you must appoint a lawyer”.

He signed. Present in my office, which was not the one you saw this morning but it was another one, also on that floor, were my assistant, the clerk, Dr. Daniela Severi, there was the captain of the Carabinieri, Antonio Morra, there was a police [woman] officer from Florence, and I think there was a magistrate in training that I think was training with me, I do not remember this now. However, there was the captain, a police officer and the clerk. He signed [the statement]. I accompanied him to the door and to try to explain to him, he had told me that he spoke Italian but, in my opinion, but he did not [missing word] Italian. He believed he could speak Italian but he did not fully understand this procedural aspect. I told him, I remember we were by the door, “you must now appoint an attorney. This process that I am now opening against you for making false statements to the prosecutor, Article 371-bis, will remain suspended by the law, because the law provides that this offense, if one makes false statements to the prosecutor in a criminal case, this process that has been opened for false declarations will remain suspended until the main proceeding in which these statements were made is defined”. He did not understand this detail and he, I was really surprised and amazed by this fact, he thought that I was encouraging him, and he then said that I had encouraged him to flee, that I would arrest him. I never said such a thing because this charge does not provide for arrest. And that’s all.

Then I followed what he said throughout this matter which is completely [..missing word.. ] .. completely misrepresenting what happened, and then I dismissed the case because there was no… I decided to terminate the proceeding and there was nothing else. It’s all there, the Preston matter ends there.

07’37’’ CNN: I interviewed Preston and, according to him, this is not true. He said the interrogation lasted two hours. And (reading what Preston said): “I started to sweat, the prosecutor began to ask again the same questions, worded in a different way” he insisted with his secretary for [having her] repeat what he had said, which is the truth? “I started to feel that I was looking like a liar by the way my voice was trembling”. He had to write a statement in Italian, he had to do it several times because the person who was writing it did not understand well. Is he lying?

09’20’‘Mignini: Well, you have listened to Preston, I had the assistants, I did not think to bring them with me, but they can tell you everything. I do not remember now how long the interview was, I think about twenty minutes, perhaps half an hour, perhaps, perhaps, I do not know, an hour or so, I do not know, I have to look at the record.

However, what is certain is that when you make a statement, a few things are asked and the person must tell the truth and I challenged some of the things he said. I do not remember now in detail because it is of no [word missing], I have had other things to deal with [and] I do not even remember it. I challenged some of the things he said, I remember that I made him listen to a few phone calls that had been intercepted, phone calls in which he was speaking with Spezi, and what he was saying was not credible, it did not seem to be credible to me. I put it on record, because I had to dictate the statement to the assistant, who wrote the statement, and Mr. Preston signed [it] and he therefore recognized the validity of the statement, because he signed it, he did not refuse to sign it. Therefore an interrogation was made and a few statements were challenged.

The person, Preston, made a few statements that were not [missing word], that did not appear to be at all credible to me. I made him listen to, to prove that according to me he was not telling the truth, a few intercepted phone calls and I do not recall seeing him particularly [missing word]. Then if he was in a state of mind that a person is in when interrogated by a magistrate, if he felt troubled, I do not know. If that were to be the case, I am sorry but I’m afraid that it is like this in my line of work. Interrogations are made, one must hear [missing word], the person must tell the truth. And if [a person] does not tell the truth then objections must be raised. What is clear is that I challenged these facts, we put [everything] on record. Others were present: the assistant, the clerk, the Carabinieri captain, the police woman, therefore there is no point in discussing this, there is nothing more than what has emerged, than what came out in the statement. Preston signed the statement.

12’02’’ Then, the thing that struck me is that I subsequently received a few requests asking me, and I read this on a few Internet websites as well, if certain statements had been made. I really do not wish to comment on those statements because I do not wish to get into an argument here. I would like to try to explain that, if he had come back, because he had to flee because he would have been arrested if he had come back to Italy: this is a pure fiction, a total fabrication, non-existent. Furthermore, I dismissed his case and therefore I do not see how [missing words]. While the other proceedings, the proceedings against Spezi, are still pending.

13’00’’ This is the situation, I remember that I [missing words], subsequently he [Preston?] even asked me for an interview, to which I, to this request, did not respond.


14’16’’ CNN: it sounds very similar to what Amanda Knox described.

14’22’’ Mignini: It is completely different because I interrogated Preston [while] Amanda was interrogated by the Police. In Amanda’s case, her interrogation was halted by the Police. In Preston’s case, his interrogation was stopped by me. Preston was not arrested, Amanda was [arrested]. The two things are completely different. They have absolutely nothing in common apart from the fact that I was the prosecutor in both cases. But this is all. Just like in many other proceedings. There is not the slightest element in common.

15’23’’ CNN: you have just said that your job is to make sure that a witness tells the truth but at the same time you did not verify what was said by the homeless man and by the two neighbors…

Mignini: A person tells me that he saw her, he tells me that he saw what they did, he tells me the times, and he tells me things that no one has denied. If Mrs. Capezzali, Capezzali I think, relates what she heard and the thing is confirmed by another witness who lived below her and no one denies this. And that’s not all… there are two Calabrian girls who lived in [missing words], almost where the metal staircase ended, the one that was presumably used by one of the young people. These two girls as well say that they heard running. Therefore, there is the scream, heard by two people, the repeated footsteps that were heard, the scream and the footsteps that were heard by Capezzali and by these two Calabrian girls.

Whereas in Preston’s case there were the telephone calls that contradicted his statements. In that moment I had the telephone calls and if someone says something [missing words], this is contradicted by these telephone calls. I do not remember now in detail because I did not, I do not remember in detail these aspects but they were documented. In that case, I therefore had the elements to say: “you are telling me things which are not true”. In the other case, there were never any [contradictory elements]. The homeless man, the two Calabrian girls, Mrs. Capezzali and the teacher Monacchia were heard, they were subject to examination and cross-examination and they confirmed everything. This means that their statements became evidence, witness evidence. Whereas Preston made those statements that were contradicted by the intercepted telephone calls and I challenged those statements. It emerged immediately there, I objected, it’s very clear. There is no [missing word].

18’41’’ CNN: In your opinion, do you believe that Narducci was involved in the Monster of Florence murders?

18’50’’ Mignini: This matter was the subject of a criminal proceeding, proceeding number 1845 0821, which was dismissed, for those were investigated, due to lack of evidence [formula dubitativa] in the case of the murder and due to the statute of limitations for the other crimes. This means that the crimes had been committed, they had been attributed to certain people but too much time had gone by and the offences had become statute-barred. In this proceeding, the GIP fully sustained the Prosecutor’s (that was me) request, which was: the three fundamental points were that Narducci had been murdered because the autopsy that was performed demonstrated that there was a fracture of the left superior cornu of the thyroid cartilage which cannot be caused by accidental impacts but it can only be caused by a restricted, localized and increasing pressure because it is [in] a protected location and the medical examiner determined the cause of death to be strangulation; the GIP acknowledged that the body pulled out of the water, which had been officially established as being that of Narducci, was not Narducci after all; and that Narducci was involved, the GIP said, in the case of the double homicide murders of the couples. This order was appealed by Narducci’s relatives, not by his wife but by his relatives. However the Supreme Court of Cassation rejected the appeal as inadmissible. Therefore, the matter is now closed at this point.

20’48’’ CNN: Yes, but the question is if you think…

20’50’’ Mignini: It is what I maintained. I maintained it and the GIP acknowledged it. He accepted these aspects. Then, regarding the whole matter, since there is another pending proceeding, it will not add anything more. I will only say that this aspect was the subject of a proceeding in which I maintained these things and the GIP acknowledged them. He accepted the whole accusatorial framework [impianto accusatorio].

21’55’’ CNN: The body in the lake was not Narducci’s?

22’00’’ Mignini: let me explain. The coroner who performed the autopsy is Prof. Giovanni Pierucci of the University of Pavia, head of the Forensic Medicine department at the University of Pavia, and other consultants, among them Brigadier General Luciano Garofano, who determined, from different points of view, the following things: the corpse that was pulled out of the lake on October 13, 1985, was that of a person who was almost bald, size 60, which means that it was in a state of bloating decomposition, was wearing specific clothing and was in such a state that the coroner, before he opened the coffin, thought he would be in the presence of a corpse that could no longer be effectively examined. Conversely, once he opened the coffin, he found Narducci’s body, with thick hair and it was wearing size 48/small belted pants. Around the waist the body was in excellent cadaver condition. In particular, the encephalon did not contain any diatoms which would have been present in a drowning case.

Therefore, the consultant who performed the autopsy stated that this situation, the dimensions of the corpse, the different clothing and the different state of cadaver preservation, indicated that the correspondence between the corpse that had been at the time recovered from the lake, as described by witnesses, and Narducci’s body was at best uncertain. To further ascertain whether or not the body recovered from the lake was Narducci’s, an anthropometric examination was conducted by a Pavia Forensic Medicine assistant, Dr. Cristina Carlesi, and then by the Parma RIS Commander, General Garofano, at that time a colonel. [The examination] confirmed that the corpse [recovered from the lake] had dimensional characteristics that made it incompatible with Narducci’s body examined [rinvenuto] during the autopsy. These aspects have been subject to multiple tests.


25’39’’ CNN: Dr. Mignini, do you like a good conspiracy theory?

25’42’’ Mignini: AHA! Here comes the conspiracy… Listen, there is no conspiracy here, I do not know what that means. A size 60 person does not fit in a pair of size 48/small pants. There is no conspiracy here!

26’08’’ Mignini: There is not a conspiracy. This is reality. Fairy tales are another matter but this is reality. The reality is that one must examine the reality. Unfortunately, the reality is that when I started these investigations, which are different from the ones we discussed now, I did not have, I said: “let’s see what there is”. And the medical examiner told me these things. A corpse that has been under water for five days and that is in an advanced state of decomposition is in the emphysematous phase when it surfaces again which means that there is also abdominal bloating and a pair of size 48 pants cannot fit. And this one had hair, the other one did not. The point is that [missing words] if one drowns, you have diatoms but this one did not have any. And then there is the matter of the hyoid bone fracture… This is not a conspiracy. I do not know what you mean by conspiracy.

27’16’’ CNN: Or rather a very imaginative reconstruction, one says, sorry, let me be clearer: in English one uses a lot [missing words]

27’31’’ Mignini: Look, there would have been a conspiracy if I had led with this idea. But I did not start off with this idea. I took note of, I always say this, take note of what is reality, of what can be touched, of what can be seen. That is, I cannot make up reality. If reality tells me that that person is wearing a pair of size 48 pants and it is preserved in perfect condition, eh! Forensics tell us that there is something that does not make sense.

0’11” Mignini: Pardon, if I might add, it’s the exact opposite of what he said. It is exactly because I take notice of the outcomes, I don’t have a predetermined idea. And so I take notice of what is there. And so if they say, ‘Look, that can’t be so’, his wife tells me, ‘he was wearing other clothes when I saw him leave for the last time. I’ve never seen these clothes before that I can see here in the photo of the recovered body’. Ah, so there is no conspiracy, it’s reality and it needs to be taken note of.

1’03” CNN: You’ve never said that Meredith’s death was a satanic rite?

1’08” Mignini: I have never said that. I have never understood who has and continues to say that. I read, there was a reporter, – I don’t know his name, I mention it because I noticed it, – who continues to repeat this claim that, perhaps, knowing full well that it’s not like that. I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up. This is a conspiracy, a fantasy, to my detriment though, to my detriment. Simply a sexual act. And maybe I have always said, I maintained this in the first-instance trial, there was a relationship which deteriorated between the two girls. I’ve always maintained that. I’ll tell you this because…

2’54” CNN: The discussion of the news that came out yesterday, of the non-DNA that they found on the knife…

3’03” Mignini: Well, then I’ve said that I would prefer not to speak about the current phase of the case. Although I’ll tell you this, that when the tests were carried out by Forensics at the time, Forensics used, with cross-checking of the parties involved, all the genetic material present on the knife and the [bra-]clasp. That is, on the clasp there was a lot of it, so a part of it was used, but on the knife all the material that was there was used. It was an unrepeatable test, that exactly why it was unrepeatable [was] because all the material was used, because, taking all of it, a more reliable finding could be made, unable to be repeated. And so it came to be done with cross-checking of the parties involved. If this material was collected up three and a half years ago, what could have remained of this material? Nothing. The material on the clasp turned out then, I believe, to have deteriorated due to the presence of rust. And the rust could not have been prevented because, if one uses an anti-rust product, it would have burned the genetic material that remained. So I, I won’t enter into the merits of this discussion although, the test that was done at the time, was a definitive test, unrepeatable. The Court ruled that it was admissible to try and see if there was the possibility, to see if there were some material, some portion of material remaining. Probably there’s none left because it was used to do the tests at the time. That’s it. So it’s quite simple.


5’48’’ Help me to understand how is it possible that there was none found (DNA) in the room?

5’57’’ Mignini: How is it possible? It is possible, to begin with on the knife. The knife was in the room, means it was used. If the knife is the murder weapon, the knife was in the room. If that genetic material [is] like Dr. Stefanoni said, the genetic material of the victim on the blade and that of Amanda on the handle was in the room. The bra clasp contains the genetic material of Sollecito, and it was in the room. It was moved by one meter, because police can’t…. this can happen when there are so many items in these checks, but the bra clasp was in the room. There was genetic material of Sollecito there, of Rudy, and of the victim. So it is not true that there was no genetic material in the room, there was genetic material belonging to Sollecito, for example. And then if the knife is the murder weapon, as we found in the investigation process, the knife was on the scene of crime.

7’04’‘And then, anyway at one meter [distant] from the scene of the crime, in the corridor and in the small bathroom, there was: the mixed blood of Amanda… how is that possible? And so now I put the question to you, I return the question: how is it possible that there is mixed blood of Amanda, that mixed blood of Amanda and the victim was the small bathroom, which is very near, next to the murder room? That in the bathroom there is a footprint on the little mat dirty with blood, which is attributed to Sollecito? That in the corridor in front of the door of the crime room there are bloodied footprints attributed to Sollecito and Amanda? How is it possible to find these elements if they were not there? [That is a] question. I would like an answer from you but I’ll tell you.

Only a question – but I would like an answer to that – I ask you this:

08’52” Mignini: but that blood…., Amanda says that she did not see it on the night of the first; she saw it in the morning [of the 2nd] when she says she went into the room. How is it possible, if they stayed the night in Sollecito’s house, they spent the night in Sollecito’s house, that there can be mixed blood victim/Amanda in the little bathroom?

Sollecito’s blood-stained footprint on the bath mat? And the prints of Amanda and Sollecito in the corridor? Eh eh, we always come back to that?

09’42” Mignini: In any case, the law is not an exact science, as you can see, because it is capable of being appraised, the pieces of evidence are capable of being evaluated in various ways. The day there is a centralized computer, we will have fewer trials, we will feed the data into the computer and it will give an answer. Although it is clear that there are differing evaluations because the facts can be evaluated in different ways, the testifying, this happens in all trials.

10’40’’ CNN: is it possible for a prosecutor, who is facing problems on his own, to take this opportunity, of a so sensational case…

10’58’’ Mignini: I have not taken any opportunity, since that day I was [on duty] on my shift. We have a one-week long shift, so I have not taken this opportunity. I had been on duty since the previous Monday, and my shift would end on the following Monday, which was the 5th. I think, and since the crime was discovered on the 2nd it was me who had to intervene. Then if you tell me: how is it that there is a procedure of this type, in which there is an acquittal which I would like to be talked about, because, I notice, that nobody speaks about this acquittal. And instead the whole truth must be told, because [in] this procedure against us which, let me tell you the whole truth, this as a process is a bit strange, anyway there is an acquittal. A full acquittal of which no one has spoken. The conviction instead is temporary and is undergoing appeal.

Now, the Italian procedure provides that whenever there is a disciplinary proceeding against a magistrate, when disciplinary action would be, as in this case, merely related to a criminal proceeding, i.e., you have a criminal proceeding, there is automatically disciplinary procedure, the disciplinary procedure is suspended until the determination of the criminal proceeding. So, for one part there was a full acquittal, not “doubtful acquittal” [insufficient proof] but full, ascertained objectively. For another part there is an ongoing appeal, in which we have objected to the jurisdiction of the court of Florence. That is, the court of Florence shall not judge in this process because prosecutors in Florence were involved in the case in various ways. They could not deal with the proceeding in Florence because you can’t have a trial in your own home.

13’53’’ Mignini: after that I would like to add one more thing, if it helps. During the trial, I never [*avoided questioning], I have always undergone examination. That is, I said: ‘just put questions, I have no problem’. Because I have no problem about this case, I have done the investigations that were needed to be done. So, there was no attitude of intimidation, in the most absolute way, because, among other things, I explain to you, you can’t put pressure on a person by performing activities that will remain secret for that person, even a child understands this. Maybe my children [little girls], even the smaller ones would understand this. So I cannot intimidate a person if I try to put pressure on that person through an activity that the person knows nothing about; I am not intimidating anyone, you see, this thing is just unrealistic. Thus I never [*avoided] I have always undergone questioning and I have the utmost confidence in [*justice] because I always had the utmost confidence in the judiciary activity. I was always ready to undergo examination, I said ‘ask me what you want’, I have put all the acts at their disposal.

Those are investigations that require you to understand them, because they are complex investigations and a judicial authority that didn’t do these investigations won’t understand them. So much that I had a confirmation - now I won’t say much about this, I won’ explain in detail this aspect - I had a confirmation that, about this case that I dealt with, the magistrates who have dealt with did not grasp the range of it, and they assessed that these acts were acts unrelated to this case. I may add to this, since this is for the purpose of explaining the picture the Italian legal system [ .?. ]: ‘the crime of abuse of office’ [...] I’ve seen many times when they were explaining “convicted” [repeats “convict” in English] I think, of “abuse of power” [in English in text]. It is not abuse of power.

The “abuse of office” is a misdemeanor in Italy, that is, before the 1997 reform, it was a very indeterminate crime, and then one could even, giving a wrong interpretation, even configure a charge of this type. Today, in order to configure a charge of abuse of office, conditions are required such that the charge is unlikely to be configured because it requires a breach of the law in real time ... that is a law that has to be immediately “preceptive”, which means not a procedural violation, such as those that have been charged against me. This violation must have resulted in unjust harm as a direct result of that violation of the law. And the subject who committed the violation must have accomplished this action with willful malice. That is, they must have done it primarily in order to harm another person. But I cannot harm or intimidate someone by performing an activity that will remain unknown to the person. This I… it is just logic, not a matter of [ .?.]


18’16’’ CNN: Don’t you have even the slightest doubt that perhaps you accused two people who maybe are innocent?

18’32’’ Mignini: Look, I want to make you a [ .?. ], I want to be, I am very sincere, so, I’m very, very fair and very sincere when talking. I have the [.?. *certainty?], since I made some requests I had the absolute certainty that they were responsible. Thus, otherwise, if I had a doubt, this is my assessment, I would have asked for an acquittal with dubitative formula. I tell you another thing, though I was told this, I have not seen the movie, I do not know [if] this movie will be aired in Italy, about how is that one of the Life Time movie like… I was told that in that film the actor who plays me was smiling when Amanda was convicted. I was told that, I haven’t seen it, I don’t know if it’s true. Is it true, did you see it?

CNN: No.

Mignini: I was told that the actor smiles. I did not smile instead because it was a duty to make this request, but a judge who makes a request of conviction does not do it, let’s say, lightly, far from that. Because they are two young people whose families I can see and hence the suffering of these families. But I do it because it is my duty, I deemed to do it, so I did not have the slightest doubt. But it’s not true that I was happy. I mean that I was [not] like the actor that I was told about who smiles, because asking for the sentencing of two youths who could be my children, in short, is not something that makes you happy. This I would like to make it clear. That is I did it because I was sure, I did it but .... These are weighty matters. Because the judge who asks for a conviction does it with a, how to say it, a feeling of necessity It is a duty, but it’s not that one is happy about it. This is, I would like to make this clear. (...)

22’45’’ CNN: But at the same time, can you sleep at night thinking you did the right thing?

22’53’’ Mignini: I have a clear conscience, yes. You, I remember you were present when I made the request for conviction, the sentencing request, I have ... I explained it, it happened to me because I was the most senior judge, that was not the colleague, my colleague had carried out her work, her scope: the matter relating to genetic testing, cells phones, computer investigation. I had to do the investigative part, let’s say that by the event, the part dealing with the evidence collection. And then at the end I had to make the final request, I tell you, I have four daughters, so I know what it means, I am… I have a clear conscience because I asked, and I did, what I deemed [it had to] be done. I asked what I deemed and this is my assessment, I am ... who knows me knows that there is a way to persuade me: to convince me rationally. I am ... and those who know me know it, one who, when faced with a rational assessment, I often happened to concede that the person who has proven it to me was right. But I must be convinced. If I am not convinced, I am not convinced and I have my position. My position [is one] that I draw from the analysis of the elements, never by a preconceived or conspiracy-oriented assessment, anyway from the facts, from facts alone absolutely.

25’32’’ Mignini: I hope that, I do not know if it’s over, think it’s over, I hope that there was a [..?.. *question] ..., there is one, a lot of different views, including the interpretation of events that occurred, that are very different. I tried, I didn’t have means because the judge is not allowed to speak much, and not much freely. I had read many times, I also received messages that were not exactly pleasant. Then also I read a lot of things that were totally unfounded and I hope I made a contribution. That means, you can have different opinions. I [think]… Sure, you can have different opinions, I, as the magistrate who works as a prosecutor; it was me in the investigation at the first instance trial and now as an assistant on appeal. You can have different opinions, I respect opinions but I expect that you do not put into question the good faith and intellectual honesty of the investigators, because there are no [*prejudices? reasons?] towards those young people who were totally unknown.

We did what we deemed [was right] doing, what we found, which one may not subscribe to. I respect all opinions, but the ones who were responsible for conducting the investigation and supporting what is called the accusation, that anyway, let’s repeat it, is not an accusation but an organ of justice, [those ones] are us. And we took the responsibility for doing what we asked for. There is a colleague who worked with me, she was very useful because she helped me on some issues, from a biological standpoint, she is a colleague with whom we work together in the executive council of the National Association of Magistrates. So I hope that, I don’t know, but I wish, just hope, that at least I have been able to help in clarifying [the matter]. That is, that at least something could be said [missing words] that is not exactly what we thought. This is what I would like, at least I hope.


Sunday, May 22, 2011

Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #2

Posted by Skeptical Bystander


The previous post is here.

CNN’s report is downloadable here. Our contexting and the first hour are posted here..  Final post Tuesday. Our translators were PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

0’40’’ English question [Translator’s note: These words are in English in the Italian transcript of which this document is a translation.]

0’48’’ CNN: You didn’t interrogate Amanda?

0’50’’ Mignini: Oh, the police interrogated her. I was told about it. I wanted to explain this. I remember that I had gone to sleep and the director of the flying squad, Dr. Profazio, called me, because he tells me: “There are developments; Raffaele in fact has denied what he had said before”. So I went down and the head of the flying squad told me what had happened. At some point they tell us that Amanda has made this statement.

And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda, who had placed herself on the scene of the crime and who said that she had accompanied Lumumba and let him in and that then Lumumba, in the other room, allegedly committed a sexual act and killed Meredith. This is what she said.

2’11’’ Then I was called, I was informed about this, I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba.

20’48’’ Then I, as I had in some way to, let’s say… this police interrogation had been suspended. At that point I remember that… they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter, who was Mrs. Donnino, I remember there was a police woman officer who wrote the statement down [verbalizzava], I did not ask questions. She basically repeated what she had told the police and she signed the statement. Basically I didn’t ask Amanda questions. Not before, since the police asked them and I was not there, and not after, since she made spontaneous statements. Had I been asking her questions, a defense attorney should have been there. This is the procedure.

05’24 CNN: She had an interpreter during the whole time?

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

05’32’’ Mignini: Look the interpreter was there, when I heard her there was the interpreter. The interpreter Anna Donnino, who is an interpreter for the police; she was hired by the police.

Just like I believe that there was [before], I do not have the minutes now, but yet now this is a fact, it is undisputed that there was an interpreter.

06’02’’ CNN: Amanda Knox says she was interrogated for 14 hours…

06’11’’ Mignini: No, look, absolutely not. At 1 a.m., the minutes of Nov 6th has started at 1 a.m. and I arrived, 14 hours that cannot be, we are really… that’s absolutely impossible. So the minutes were done at one o’clock, then the minutes of the spontaneous declaration was taken at 5.45, it maybe lasted half an hour because no questions were asked. She made her statements; they were translated; then at around 8 a.m., I think, at approximately 8, I drew up the detention order. Thus it is… well, she had been heard earlier, so she had been questioned as a person informed of the facts at around one forty-five a.m. She had previously been heard by a female police officer, but [that’s] because she had gone voluntarily to the police and she reported that, she said things quite relevant to the investigation of Raffaele and was heard by the inspector [Rita] Ficarra. However this [event] ... I was not there, I do not know [about it]. But remember, there are the minutes. Then the minutes in which she was questioned as a person informed of the facts starts at 1:45 of November 6, and cannot have lasted 14 hours ... in no way whatsoever. Then she was arrested at around 8 a.m. or at about 9 a.m. or so.

08’16’’ Mignini: Look, I remember what I saw when I saw her personally, because she said, I told her: “you can make, if you deem it [necessary], a spontaneous statement, because Italian law provides for this. If a person is aware that he/she is suspected [under investigation], may request to speak before a magistrate, it happened many times, they came also to me, and they say “I want to make a statement”. Very well, I listen. If I listen, I wanted this to be highlighted…. to be clear, I listen and that’s all, and I ask no questions, the defense attorney may be not present. But if I ask questions and I object to the facts [of your answers], it is like an interrogation and thus we would need a defense attorney.

09’10’’ CNN: was [Amanda Knox] scared?

09’11’’ Mignini: Well, I recall this feeling that I had in that moment which, [as] I am explaining to you, in the spirit in which I am doing this interview, to explain to you the acceptance [adozione] of our requests [provvedimenti], what was, why the trial went in a certain way. [Translator’s note: The Italian in the CNN transcript is nearly incomprehensible. We have provided the foregoing on a best effort basis.]

09’36’’ She was, she seemed to me like she was uplifted, freed of a weight, and terrified of Lumumba. That’s an impression that has stayed with me, yet I don’t understand. I remember that there was a policeman who was called, from the SCO [Servizio Centrale Operativo] in Rome, who made an impression on me because he was very fatherly. She was crying as though freed of a great weight, and he was trying to console her. I remember there was also a policewoman who, well, she…[missing word?] and I’m sure that.. [missing word?] .. well, all that picture how it was described later… at that moment it wasn’t like that. Right then, there was a situation in which I was trying to console her, to encourage her, because actually we believed that she had told the truth.

11’03’’ CNN: No one hit her?

11’06’’ Mignini: No, look, absolutely not. I can state this in the most positive way, and then, let’s say… I wasn’t there when she was being questioned by police, the rooms are quite far away… you don’t know but I was… it’s quite far, there’s a corridor, and I was with the director, Dr. Porfazio, and she was being questioned in a different place. I also remember that passing through, I also saw Sollecito who was alone in a different room; he was also being questioned, as I recall. I don’t exclude…well…it’s clear that I wasn’t there, but I don’t believe that anything whatsoever happened, and in my presence absolutely not.

11’55’’ On the contrary, there was an attitude of… I mean they gave her [some] ... [missing word?] then she was like, you know, like someone crying from a sense of liberation, as though she had been freed. That was the attitude.


12’51’’ CNN: Why wasn’t there any video or transcript of those hours?

13’00’’ Mignini: Look, that’s, I was at the police station, and all the…let’s say…when I made investigations in my own office, I taped them. I taped them, we have an apparatus for that, and I transcribed them. For example, there’s the interrogation of the English girls, Meredith’s friends, it was all taped. The interrogations of Amanda in prison were taped, and then transcribed, and we have the transcripts of… But in a police station, at the very moment of the investigation it isn’t done, not with respect to Amanda or anyone else. Also because, I can tell you, today, even then, but today in particular, we have budget problems, budget problems that are not insignificant, which do not allow us to transcribe. Video is very important…I completely agree with you that videotaping is extremely important, we should be able to have a video recording of every statement [verbale di assunzione di informazioni] made Because what is said is very important, but it’s maybe even more important how it is said, the non-verbal language. Because from the non-verbal language you can [missing words].

15’14’’ Mignini: It isn’t only Amanda, it’s always like that. But I wanted to say that I agree with him that it’s fundamental, only there’s a problem, especially when the witnesses are so numerous, and in fact just recording, I mean recording the sound, isn’t enough according to me.

15’38’’ CNN: It doesn’t cost much, he says.

15’40’’ Mignini: Well we have significant budget problems, that’s what it is.

15’38’’ CNN: So in the end, you did get a confession. But then, everything that was written in the confession became a lie?

16’16’’ Mignini: But then, there was the fact that she placed herself at the scene of the crime, and Lumumba wasn’t there, together with the three of them, the two of them, but Rudy was there, according to the facts that emerged later. But the fact of having accused…and she’s even accused of calumny in regard to Lumumba, was an element that was very important from the point of view of her legal position at the trial. Why accuse someone of participating in a crime, placing yourself at the scene of a crime? Because with those declarations, she placed herself at the scene, at the place of the crime. And she placed someone there who was a complete stranger to it. Why did she do that? There is one detail that’s particularly significant. Above all when Lumumba was arrested and no one – if it hadn’t been for the Public Prosecutor’s Office that conducted the investigation, and that is mandated to seek elements in favor of the accused, Lumumba would have stayed in prison. But we investigated, and we saw that Lumumba wasn’t involved, that he was the object of calumny and so he was freed and the case against him was archived.

18’15’’ CNN: Was she asked to imagine what might have happened?

18’24’’ Mignini: No, absolutely not. Either you saw a person or you didn’t. I can’t ask someone what they imagine because it would be a question that doesn’t mean anything, that I even don’t understand.

18’44’’ CNN: Do you think Amanda Knox is bad?

18’46’’ Mignini: Look, by the way we did make some personality assessments, we usually do make them, but they are only for investigative purposes. About Amanda I can tell you that she is a very, extremely intelligent girl, I always said so, about being bad, I don’t .... I wouldn’t, I couldn’t say anything. It seems to me that going beyond this would be a personal judgment, devoid of significance. What is important is the fact, what is important is why an event takes place which is a crime, a crime accomplished without premeditation. So I don’t… any… I mean, I don’t want to do it, I don’t think it would be right to say that someone is good or bad, absolutely not.

20’09’’ This means the assessments that we did make were made only in order to ascertain responsibility, but what someone’s personality is, the personality of the accused, that deserves great respect and we don’t, the evaluations that we do we only make them to ascertain responsibility and then for the sentencing. At that stage in fact the personality of the criminal is taken into account, for the purpose of establishing penalty, in Italian law, but we did that in the request for a guilty verdict. There, there was one element that has some relevance to the psychological aspect; it was the fact that a crime was alleged that was committed for futile motives, which is an aggravating circumstance. And we did hold that this was an aggravating circumstance, but it was only for this purpose that we made personality assessments, not for any other purpose.

21’26’’ During the investigation, I heard them being made, and I read articles, they kept attributing judgments to the investigators that were never made; certainly I never made judgments like that. I have the greatest respect for the persons of the accused.

22’30’’ CNN: The accusation [Translator’s note:  non-grammatical question] is like: once it was proven that Lumumba was basically a lie of Amanda’s, you should have started again from scratch. Once all the DNA evidence of Rudy Guede came out, you should have said we’ve found the culprit, because of the fact that there just wasn’t any trace at all inside the room, and then, according to the defense, the defense says that you became fixated on Amanda and Raffaele, almost obsessional.

23’19’’ Mignini: No, absolutely not. I did what I did and now I’m talking about the past, about what the investigation showed, about what happened at the first instance trial, because I am, I was and I am, I did what I did because I’m convinced, on the basis of the evidence collected, that they were responsible, in the most absolute way. There isn’t…how was Rudy involved? Rudy was one element, but the crime, I repeating, one can’t say any longer that this crime was committed by a single person. Now we have a judgment from the Court of Cassation, the Supreme Court, saying this crime was committed by Rudy together with other people, and it then indicates, by confirming the verdict and sentence of the Court of Appeal which condemned Rudy, that it is incidentally speaking of Amanda and Raffaele. So from now on, this crime must be seen as having been committed by more than one person, one of whom is Rudy.

24’36’’ So what has been assessed was held, I want this to be clear, precisely for the purpose of reconstructing the facts: I am called[C1] , I issue the warrant of arrest, for the arrest of Amanda, Sollecito and Lumumba, it goes in front of the Judge for the Preliminary Investigations who rules on the grounds of the warrant for arrest, so there’s a request to validate the arrest and permit a precautionary measure; the judge for the preliminary investigation validated the arrest and allowed the precautionary measure. Then Lumumba was removed from the picture because we conducted our investigation and saw that he wasn’t involved, so he was out. So, when we had collected the elements that convinced us, me in particular since I was the one who made the request, the archiving request, first his release and then the archiving of the proceeding against him.

25’37’’ If that had been, but I don’t accept that attribution, there isn’t any, there isn’t any [missing word?]. If the magistrate, if that attribution were true, having started with Lumumba I would have had to continue with Lumumba. But in fact, it isn’t that way because Lumumba had nothing to do with it. So, the precautionary measure was challenged before the re-examining tribunal, where three judges preside for each of the accused. On the order of the re-examining tribunal, Sollecito, Rudy and Amanda appealed the precautionary measure to the court of Cassation, but the court of Cassation confirmed it [Translator’s note: i.e., denied the appeal]. The measure was also taken for Rudy, and the court of Cassation confirmed it.

Then there was the judge of the preliminary hearing who sent the case to trial, condemned Rudy, rejected a request to revoke the measure, and finally the first instance trial ended with a guilty verdict. Here, eight judges, i.e., two magistrates [giudici togati] and six lay judges, recognized that the accusations were well-founded. So, when there are elements that had to be archived, we did request that they be archived. So there is no such attitude [Translator’s note: i.e., obsession], absolutely not. This is what I can [do?]. If there were, if there were some true or even just credible elements, because I would need something like that, which hypothetically could prove that they had nothing to do with the crime, I would take account of it and would act accordingly, I would have acted accordingly. In the most absolute way.

27’48’’ I’ll tell you what happened, and please believe me, because around this event there have been a lot of things which are unfounded, to say the least. According to me, intellectual honesty is the main quality in a magistrate.


29’53’’ CNN: Is Antonio Curatolo a trustworthy witness?

29’59’’ Mignini: But the witness takes an oath and assumes his responsibility, if he says something false then he is committing the crime of perjury and calumny, at the limit, if he’s explicitly accusing an innocent person of a crime, so in our, in Italian law, the witness is considered to be trustworthy, authentic, until the point at which you can’t prove he said something false. Unfortunately, however, or fortunately, we don’t know, the person who was in the piazza, who has lived in that piazza for ten years, at least ten years, who knew everything about that piazza, was this homeless guy. So the homeless guy is a bum so that’s no good. But that’s not right, he’s a witness like the others. The woman what’s her name, the witness who lived there, near the house, the one who heard the scream, is a totally credible person, a very normal lady who told what she had heard coherently. The school teacher, the one who lived nearby, is a totally credible, trustworthy witness.

With witnesses, it’s not that we can choose their testimony. Witnesses are the people who are, by chance, able to give some indications. And for that matter, Curatolo is someone who actually lived there, and his declarations are altogether pretty credible, and confirmed by other people. Other witnesses were also heard, who were, I don’t know, for example Gioffredi, a perfectly normal person. So I don’t see…basically, it’s the testimony of a perfectly normal person which has to be weighed according to what it says, and its coherence with a reconstruction [of the events, translator’s note], and we have to believe it unless it’s proven wrong.

32’26’’ Because if he says that he saw something, he exposes himself, he’s under oath so he exposes himself to an accusation of perjury if he’s not telling the truth, so we have to believe him. Otherwise justice, without witnesses…it’s not as though we had a film of the crime, if only that could be the case.

33’30’’ CNN: Was Toto being investigated [sotto inchiesta] when he gave his testimony?

33’42’’ Look, I know that at the moment in which he gave it, I believe that there were some lawsuits against him, but in the stage of appeal, I think he had been condemned but was appealing, so, then later the sentence became definitive, but he gave his testimony when the sentence wasn’t definitive yet. I don’t know, those are details that I wouldn’t know about exactly…but I know for certain that the sentence was not definitive, so was still being contested.

34’34’’ CNN: Did Toto give his testimony hoping to obtain some kind of favor?

34’36’’ Mignini: Non, there was no favor, absolutely no favor. This didn’t happen…the witness presented himself and made his declarations, that’s all. We took note of them, because they were relevant declarations.

35’17’’ CNN: So, you believed the testimony of a heroin-addict bum?

35’25’’ Mignini: Well, on let’s say the legal position of this person, I have nothing to say because he was judged for something different, for a true and totally different fact, having nothing to do with the present one. For this one, he was a witness. And it’s true that it’s completely different in that he was heard as a witness, with no lawyer. If it had been a related fact, he would have had to be assisted by a lawyer and he would have had the choice to abstain from making declarations. But for this event, he is a plain and simple witness. Then, also, I wouldn’t want to, because the witness, it’s not that we ask the witness if he has a previous record, previous condemnations. We can ask that to the accused, to the accused, amongst the other questions that we ask the accused, we ask him if he has a previous record, but we don’t ask witnesses this question, except during the defense’s investigations. This is the…so he’s just a witness who made declarations. His declarations have remained quite, rather credible.

There’s also for example the fact that, well, take for example the rain. Curatolo remembers that the evening during which he saw the two young people, it wasn’t raining, and it’s true that on the evening of the crime it wasn’t raining. Vice versa, and they say this, also other witnesses say this, on the previous night, only in the town of Perugia, there was a limited weather phenomenon; in the late afternoon of October 31, it rained. And even I remember that, because I remember that the street was wet. So, this is to say that this is a detail which was confirmed by…there. I’m giving an example to tell you that also a person who has a criminal record…and then, one would have to go see all the witnesses who were heard at the first degree trial, all of them, to see if they had them. We don’t do it because it isn’t relevant.


38’45’’ CNN: From the response of the bum, I assume that you took the responses of the two ladies as valid, and never went to check in their apartments if it was possible to hear footsteps with the shutters closed.

39’04’’ Mignini: So, the question of Curatolo is one thing, the declaration of Mrs. Capezzali, what’s her name, I think Capezzali, is something else. You say, she’s quite an elderly woman, she said she heard a scream, the scream that… She lives, I don’t know if you know the area, but, I don’t think you know it, she lives above the garage and looks over the house on via della Pergola, where there’s a kind of, something like an amphitheater. So the sounds coming from below can be heard with particular clarity and she heard the scream perfectly. She said so. And that same scream was heard by a very young teacher who lives lower down, in a street in the direction of, towards, let’s say towards via Pinturicchio. And around the same time, she also heard a scream like that. Then she went down to her parents who were in a different part of the house and they said they hadn’t heard anything.

40’26’’ CNN: He wants to know if you went to the house.

40’28’’ Mignini: Did I go? I have taken note of this witness’s statement and also of the other and, being two statements from persons who had no reason to lie and being these statements entirely credible since they are very similar to each other, the houses are very close to Via della Pergola, this statement was deemed fully reliable. There was then a request for an expert opinion, now I will not go into the merits of the trial events, but this thing was assessed during the investigation, by the Gup, and by the Assize Court that heard this person, who was cross-examined, she said, she repeated what she said. An absolutely believable person, who obviously [missing words]...further, as here [missing words]…an experiment on the possibility of hearing was not done. We are, we took note of the fact that she told about this, about the scream that she heard. She confirmed it, she gave her, her, we say word, that she took an oath in court, to have heard this scream.

The same thing was said by another witness. What should we have done? Have an expert [perizia] ascertain, under different, not repeatable conditions, that which was heard at the time? The witness said what she heard. And, then, neither I nor the Court of Assizes considered submitting [missing words]. The Assize Court decided instead to do something very important. And this is a detail which I consider [missing words]. When I inspected the house on Via della Pergola, which in my opinion was a very important initiative, very crucial for the decision. That is, that was an opportunity to make an inspection to see that house as it was, how was this window through which this unknown subject would have climbed, which then would have been Rudy. And the court was aware that this reconstruction was, in my opinion, unlikely.

43’35’’ CNN: Would it have been easy to conduct [fare] the experiment?

43’38’’ Mignini: But let’s say if a person has made these statements and it was this way. Because, you see, I’ve listened to this person, she was recorded, among other things, she was cross-examined during the trial. She was very precise. She said that she constantly used to hear, even during other nights, that she used to hear the noises of the youngsters who made quite a noise in the garage, in the parking lot. So. ... These things, these noises, she was used to hearing them. She stated this. There was no reason, she did not know the victim, she did not know the accused, what reason could she have had to [missing words]?

44’44’’ CNN: not that she lied but this is a fundamental question for your work. Is your job finding the truth and solving the problem or is it following your intuition and trying to incriminate the first person you find suspicious?

45’16’’ Mignini: Well this is, in the Italian legal system, the prosecutor is not a lawyer for the accusation. He/she is an organ of the judiciary who must also seek evidence in favor of the suspect. Which we have done, particularly in the case of Lumumba. And all the people, all the witnesses who were suggested by the accused, were heard in cross-examination. A very long preliminary investigation was made, extremely thorough, verifications of all kinds were made, [including] verifications on the phone cells. I have not spoken of the phone cells, for example, but that is another point that showed people’s movements, people’s location, that were confirming the accusatory hypothesis, as we say. So, [after] all these evaluations, the prosecutor, made a few requests. I did nothing. I made an order of detention, I asked for [its] confirmation. Then the judges had to confirm everything. And the Preliminary Hearing judge should have considered, he would have had to, if there had been any grounds of non-credibility of witnesses, they should have been pointed out, they should have highlighted this. But the Preliminary Hearing judge evaluated the indictment request, I asked for an indictment but is was the GUP Micheli who [actually] indicted the defendants.

There was the trial before the Assize Court, which took place, it was a proceeding that lasted a year, a trial that lasted a year, during which the case was examined thoroughly from every possible angle and therefore this is the [missing words]. The magistrate, the prosecutor has an obligation, let’s say, in the current legal system, to seek, he is an impartial body, that has the obligation to seek the truth and if new elements emerge which make [a person] appear to be credible, which make a person appear to be unrelated to a crime, [then the prosecutor] has the obligation to request that all charges be dropped or, if during the trial, [to ask for an] acquittal. I myself have come across many times, during a trial, in light of witnesses, new witnesses, who were produced again in other cases, I asked for an acquittal. Anyone who knows me knows that this has occurred many times. But in this case I had, let’s say, during the investigation phase and during the trial, I made, we made our requests, we explained them, we justified them, and the court gave, acknowledged the validity of this case. Then there is an instance of appeal. There is the appellate level. Now, I will not discuss this because it is on-going.

49’11’’ Mignini: The phone call, for example, another thing that had a considerable influence on the investigation was the phone call that Amanda had with her mother in the middle of the night in Seattle, even before [the body] was discovered. This is another element that comes to mind, even before the body was found.

49’52’’ There is a call that is made in an hour, now I do not remember, it was I think, I do not remember exactly, I think it was 3 AM in Seattle, I think.


50’58’’ CNN: In 2006, you were found [missing words], let’s move on now to the other case, the prosecutor of Florence said that you would do anything to defend yourself in front of those who criticize the way you investigate…

51’43’’ Mignini: Well, I will not comment on this statement, I do not know when it was made. The proceeding that this person brought against me and Dr. Giuttari, ended in part with a full acquittal because no crimes had taken place [i fatti non sussistono], for one part. And this is a final acquittal because the prosecution did not appeal. So, this part of the allegations that were made, which were formulated, which was the most important part and led to the searches in the offices of the prosecution and also in Giuttari’s police offices, this part has totally collapsed. A search was carried out, a seizure was made, which had already been annulled by a court in Florence.

Then the court of Florence acquitted us because no crimes had been committed, with a full acquittal. And this acquittal is final. A part of the charges formulated against us remains, that I honestly find hard to understand, because they say [si dice], we were accused of having carried out investigations that had no relevance according to the theory [impostazione] of the Florence prosecutor’s office, I make this distinction, they had no bearing on the investigation we were conducting. I say that they had a full relevance and among these files there were interceptions that were all authorized by the competent magistrate. So this conviction was based on alleged offences [ipotesi di reato] to which we object, we have appealed, objecting to the jurisdiction of the prosecutor of Florence that conducted a trial although magistrates from the very same Florence Public Prosecutor’s office were involved in this very trial. And this cannot be done.

54’26’’ Because when there is a magistrate who is involved for different reasons in a matter, the trial must be moved [to another city]. So, if there is a magistrate from Perugia, the trial is moved [si va] to Florence, but if there is a magistrate from Florence, one goes to Genoa. And if there is a magistrate from Genoa involved as the offended party, as it was in this case, you go to Turin. And this is not what they did in Florence. We have objected to the jurisdiction of the Court of Florence for the violation of article 11 of the c.p.p. and if this jurisdiction should be recognized, everything comes to be nullified, and everything goes to Turin.

55’14’’ In addition there are other aspects that I do not wish to, well, you asked me the question about Preston, then I spoke, and I would like a moment

56’05’’ Mignini: Then I would add one thing, listen well to this. If I want to do something intimidating, meaning that I want to do an investigation that has an intimidating purpose [carattere] against a person because that person speaks against [me], no? If I want to do an act of intimidation, I have to do an act which that person feels, that that person understands, knows, perceives. I must, hypothetically, carry out a search, make a seizure, do an inspection ... Instead, I performed [faccio] a wiretap that was secret, I heard a witness who remained secret. How can I intimidate a person if I carry out an investigation that remains secret? Because the investigation must be secret. This activity is not like a search that is immediately known by the person. If I want to intimidate a person do you think that I carry out an investigation that remains secret? And how can I intimidate him? It’s a contradiction in terms. So someone will have to explain to me the meaning of this accusation.

57’32’’ The problem is that at the origin of these proceedings there was [missing words], I do not mean the whole Florence Prosecutor’s office with which I have very good relations. I’m talking about a time when [missing words] I talk about a conflict between offices, a conflict that has ended up in front of the Supreme Court Prosecutor General’s Office because the Prosecutor General of Florence. That is, the Florence Prosecutor’s Office wanted us to hand over to them a case we had,  the one regarding the death of doctor Narducci. We said no, the competence is ours. The prosecutor general of the Supreme Court, Dr. Febbraio, on July 29, 2005, agreed with Perugia.

So at the origin of this matter there is a conflict of jurisdiction and there is an indictment brought by us, I would like to make this clear, the Perugia Prosecutor’s Office had indicted the Florence Chief Prosecutor at that time, and this proceeding, at the origin of this proceeding, there is this fact. And this person also filed a civil lawsuit against me and Dr. Giuttari. This is the ... there is a contrast between offices, there was.

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