Subject area: 403 Good guy hoax

Sunday, September 04, 2016

How Bob Woffinden And So Many Others Managed To Misstate The Case And Get Away With It

Posted by Peter Quennell



Meredith on a Skype chat session


Do you know this? Most people still dont. It explains a LOT including the numerous innocence frauds.

The attack on Meredith as summarised by Dr Mignini in the Machine’s must-read post below was reconstructed by Italy’s best crime-scene specialists, from Rome Headquarters, and it took an entire Saturday. Every mark in Meredith’s room and on her body were convincingly accounted for.

After the killers left and locked her in, Meredith was still alive, holding both sides of her neck to stop her life-blood leaking out. She might have lived for half an hour, in great pain, during which time an ambulance could easily have arrived and saved her.

But nobody called one. Her death was quite deliberate.

The Massei jury is said to have found all this evidence very powerful and left in NO doubt three had been involved (unanimous verdict) in what was a prolonged and exceptionally barbaric attack.

The Kercher family had asked Judge Massei in January 2009 for a closed trial as the autopsy part in particular would be key but also long and very graphic. Unfortunately it was settled that only the trial days covering the autopsy and the horrific attack would be closed.

This unique call by Judge Massei turned out to be a terrible one. It has caused immense damage to public understanding outside Italy, and to the legitimacy of the case ever since.

The public and the two later appeal juries never got to witness directly all this compelling evidence. In Italy, descriptions leaked out (not illegal) and so Italians following the case could get a good grasp - and the vast majority, perhaps all, were convinced (and still are) that the government team had got it right.

But the Hellmann and Nencini appeal juries and the Marasca/Bruno panel of the Supreme Court never got the full impact. And trial followers in the US and UK and so on had no idea (and even now only a very few have any idea) of what was presented behind those closed doors in 2009 and how it came across (several present were in tears during it) to the trial jury.

This terrible situation has allowed Knox and Sollecito and their teams and media supporters starting with Doug Preston, Candace Dempsey and Frank Sfarzo and ending (for now) with Woffinden to lie incessantly for eight years about Guede as a lone wolf and about the numerous hard facts of the attack and the autopsy.

There would be NO effective PR and NO effective appeals and NO effective innocence fraud otherwise.

Our summaries of the sentencing reports by Judge Micheli for Guede and by Judge Massei for Sollecito & Knox are very good, but even they fall short here. The best way to get all this powerful evidence right is to read the full Micheli report (translated by Catnip) and full Massei report (translated by Skeptical Bystander and team). Both reports are on the case wiki.

“Missing” still from the public record because it was part of the closed trial was what is said to be a very compelling video construction of the attack. This video is also ridiculed and misrepresented by Sollecito and Knox and their teams and apologists - because they could get away with it.

Will the Netflix movie being unveiled in Toronto this week explain all or even any of this? Why do we doubt it?


Thursday, September 01, 2016

How Bob Woffinden, Aggrandizing Investigative Journalist, Attempts To Perpetrate Innocence Fraud

Posted by The Machine



Said to be Bob Woffinden - as a pop music reporter, some years ago

1. Woffinden and innocence fraud

These days innocence fraud is a very real thing.

A stern warning was issued to crime laboratory administrators that some post-conviction exonerations may have been secured by innocence activists using malicious tactics, or ‘innocence fraud’, creating potential public safety threats as convicted felons are released from prison.

In this post, I will analyse another example of innocence fraud, this time by British journalist Bob Woffinden on Meredith’s case. Woffinden has done this on other cases before.

He specialises in alleged miscarriages of justice, and has written articles for The Guardian, The Daily Mail and The New Statesman and authored a number a books about high-profile murder cases: Miscarriages of Justice; Hanratty: The Final Verdict and The Murder of Billy-Jo.

Woffinden’s default position when it comes to controversial murder cases seems to be to assume a miscarriage of justice, and to claim someone has been convicted of a crime they didn’t commit.

He’s claimed that James Hanratty, Jeremy Bamber, Barry George, Sion Jenkins and Jonathan King are all innocent. Reflexively anti-police, Woffinden as I described in the post linked to above on the James Hanratty case has a history of putting victims’ families through considerable pain.

2. Woffinden On Meredith’s case

Here he tries to prove that Rudy Guede is innocent of murder, and falsely claims he was convicted because he was black. He also tries to cast doubt on the hard fact that Meredith was sexually assaulted - or that the police got anything right.

Anyone who has read the official court documents and court testimonies with regard to the Meredith Kercher case will be able to assess Bob Woffinden’s professionalism and credibility and ethics as an investigative journalist article by reading his contorted take.

To those who really do know the case, it is immediately apparent that he’s pretty ignorant of the main facts, and that he hasn’t bothered to read the official court documents or the court testimonies available in English here.

He mindlessly repeats various endemic Friends of Amanda PR myths. For example, he erroneously claims the prosecutors concocted the scenario of a sex orgy gone wrong.

“The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault – and knowing there was absolutely no evidence to link Guede with Knox and Sollecito – they [the prosecutors] concocted the absurd scenario of a sex orgy gone wrong.”

Dr Mignini didn’t ever say anything about there being a sex orgy that went wrong when he presented his scenario to the court at the trial in 2009 and the numerous hearings (which Woffinden seems totally unaware of) in the 15 months before.

Instead he gave the court a detailed chronological account briefly summarized below of a vicious physical and sexual assault on Meredith, which culminated in her dying some time after the killers left and locked her in.

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.

Why is Woffinden unable to substantiate his claim that the prosecutors concocted the scenario of a sex orgy gone wrong with a verbatim quote from Mignini or Comodi?

Because they never claimed this at all. A competent and ethical professional journalist should be able to support every claim they make.

Woffinden regurgitates another popular PR myth by claiming that Rudy Guede pleaded guilty late in 2008.

“Even as he [Rudy Guede] pleaded guilty, he vehemently asserted his innocence, saying, ‘I can’t talk about things I haven’t seen and that didn’t happen to me’.”

Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He has always denied killing Meredith. He opted for a fast-track trial in mid 2008 because he could escape a blatant attempt to frame him as sole perpetrator by the Knox and Sollecito defense.

It meant he would automatically received a third off his prison sentence but at the time he had no idea what that would look like.

Bob Woffinden gets yet another fact wrong when he claims the Hellmann appeal court sanctioned a full review of the scientific evidence.

“…the Italian court sanctioned a full review of the scientific evidence on which they had been convicted.”

It did nothing of the kind. Hellmann merely asked Carla Vechiotti and Stefano Conti to review two pieces of DNA evidence - the knife and bra clasp evidence.

They didn’t review the bloody footprint on the bathmat, the bare bloody footprints which had been revealed by Luminol, or the five samples of Knox’s DNA or the blood mixed with Meredith’s blood in three different locations in the cottage.

Yet another wrong “fact”. Bob Woffinden claims that a police officer flushed away Rudy Guede’s faeces and thus destroyed evidence.

“His recollection that he had leapt up from the toilet seat the instant he heard the scream was bizarrely corroborated by the fact that there were faeces still in the pan when the police arrived. Needless to say, one officer activated the toilet, thereby flushing away important evidence.”

Needless to say? In fact this claim is complete and utter nonsense. The faeces in the toilet wasn’t flushed away. It was carefully collected as evidence and tested. However, it didn’t yield any results.

“The faeces present in the toilet of that bathroom did not, however, yield any results, and Dr Stefanoni, the biologist of the Scientific Police, explained that the presence of numerous bacteria easily destroys what DNA might be found in faeces.” (The Massei report, page 43).

Why would Woffinden make these and other demonstrably untrue claims? It seems obvious that he wants to portray the Italian National Scientific Police (much respected by the FBI) as the Keystone Cops, in order to ridicule the forensic investigation, seemingly his purpose here.

Woffinden makes yet another false claim by stating that Guede made only one inconsistent statement.

“Guede’s solitary inconsistency was this. He did comment at the outset of the investigation that ‘Amanda doesn’t have anything to do with it’. But, at that stage, perhaps he couldn’t believe that she did have.”

Judge Micheli, who found Rudy Guede guilty of sexual assault and murder in October 2008, pointed out in his sentencing report of January 2009 that Guede’s accounts were unreliable and varied a lot.

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

Bob Woffinden also seems to be pushing the wrong notion that Rudy Guede didn’t implicate Amanda Knox until much later - which is another FOA PR myth.

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

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.”

Bob Woffinden makes the erroneous and offensive claim that there’s no evidence that Meredith was sexually assaulted,

“In their investigation, prosecutors made a series of blunders. The first serious mistake was their assumption that Meredith was sexually assaulted. If one takes cognisance of Guede’s account, there is no evidence of this. The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault – and knowing there was absolutely no evidence to link Guede with Knox and Sollecito – they concocted the absurd scenario of a sex orgy gone wrong.”

Had Bob Woffinden actually bothered to read the key Massei trial report, he would have known that several medical experts - Dr Lalli, Professor Marchionni, Professor Bacci and Professor Gianaristide Norelli - testified that there were indications of sexual violence on Meredith.

Such conclusions were further explained [by Dr Lalli] at the hearing of April 3, 2009, in which it was highlighted that signs were present of sexual activity with characteristics of non cooperation by the young woman, which can be derived from the lesion pattern at the vulvo vaginal level (page 40 of transcripts).

[111] These signs were present in the purple ecchymotic type spots detected on the inner surface of the labia minora, the area where they are usually produced. It is the first point of contact for the sex organ or object including fingers penetrating the vagina and therefore the point at which an action ... performed without the full cooperation of both actors would produce purplish spots of this kind. (The Massei report, page 116).

He [Professor Marchionni] noted in this regard that, even without lubrication injuries of this nature are not the result of consensual sexual intercourse, and he argued that the cause of these lesions had originated from a “forcing” that could have been done by the penis or by hands (page 21, hearing on April 4, 2009). (The Massei report, page 117.)

With regard to sexual violence, he [Professor Bacci] referred to the inspection of the genital area conducted by Dr. Lalli at the morgue operating room. On the internal surface of the labia minora, attention was focused on areas of discolouration, which can be interpreted as small bruises, small abrasions associated with small haemorrhages indicative of “small lesions” (page 16, transcripts) consistent with a violent action of friction, pressure an typical of sexual violence and, while affirming the absence glaring signs of typical sexual violence (page 16, transcripts) he concluded compatibility with non-consensual sexual intercourse’ (page 16, hearing, hearing on April 18, 2009). (The Massei report, page 121.)

He [Gianaristide Norelli] further underlined the presence of a slight bilateral suffusion in the area of the iliac spines, i.e. in the areas corresponding to the anterior lateral part of the flank, which represent the end/terminal parts of the wings of the [pelvic] basin and the fact that “lesions in this area are fairly characteristic of seizure [grasping] and immobilisation”; [it is] an area which is ‘highly suggestive’ in the context of the investigation of sexual assault. (The Massei report, page 124).

It should be stressed that the the doctor who actually performed the autopsy - Dr Lalli - believed Meredith had been sexually assaulted.

“The prosecution focused on Lalli’s statements that he believed there had been non-consensual sex.” (Andrea Vogt, The Seattle Post-Intelligencer, 2 April 2009).

You need just an ounce of common sense to know that murder victims who were also raped or sexually assaulted didn’t consent. The Kerchers’ lawyer Dr Maresca made this very point:

“Sex that ends with someone dead is not consensual.”

Dr Maresca also highlighted the fact several medical experts said there were signs of sexual violence in court. Dr Maresca told the court that the expert witnesses

“sustained the prior results and valuations of the coroner who performed the autopsy and the forensic evidence specialists who already testified”. He added: “And for the first time today, we also heard that the bruises on the victim’s hips were consistent with a sexually violent approach.”

Unbelievably, Bob Woffinden regards Rudy Guede as a reliable and credible witness.

I’m surprised anyone would believe Guede’s ever-changing versions of events when they are so blatantly untrue. Guede gave two different accounts of arranging a date with Meredith and they’re both demonstrably false.

Meredith didn’t go to the Halloween party at the Spanish students’ house on 31 October 2007.

Guede then changed his story and claimed that he had met her at Domus, but Meredith was with her friends continuously and none of them saw her with him. None of Guede’s friends saw him with her either.

“He [Rudy Guede] stated that he met the girl on Oct. 31 in the house of some Spanish students and did not meet her later in the “Domus” pub, that the next day, shortly before going to the date with Meredith…

In the third interrogation, by the P.M. [public prosecutor] on March 26, 2008, he changed the place of his meeting with Kercher on Oct. 31 from the Spanish students’ house to the Domus pub” (Judge Giordano’s Supreme Court report, page 17).

“…and also because none of Meredith’s friends (Amy Frost, Robyn Butterworth and [10] Sophie Purton, with whom she had gone out on the evening of Halloween, Oct. 31, 2007) nor any of Guede’s friends (among others AC and PM) had ever seen them talk to each other.” (Judge Giordano’s sentencing report, page 10).

Meredith had NOT arranged a date with Guede at the cottage on Via della Pergola on 1 November 2007. She and Sophie Purton left their friends early that evening because they mistakenly believed they had lectures the next day.

“They [Meredith Kercher and Sophie Purton] were to meet on the morning of the second at around 10:00 am for a lecture at the university…:” (The Massei report, page 35).

“Meredith was tired from the day before when she had come home about five in the morning; the next day she supposed that she had a lesson at the University at 10 am and she needed to prepare for this and she had to also think about resting” (The Massei report, page 58).

Judge Massei explained at length in his report why Rudy Guede’s claims he had a date with Meredith were not credible.

“Speaking of Meredith, there has already been occasion to make mention of her personality (serious, not superficial, with a strong character), of her romantic situation [i.e. her love life] (she had not long beforehand begun a relationship with Giacomo Silenzi), of the plans she had for that evening (studying, preparing for the following day believing that there would be classes at the University, finishing a piece of homework, as her mother recalled during the hearing of 6 June 2009, and resting).

None of the people she frequented and in whom she confided (her relatives and her English girlfriends) testified that Meredith had made any mention to them at all of Rudy, for whom, therefore, she must not have felt any interest. With regard to the totality of these circumstances, it must be considered that Meredith could only have made an outright refusal to Rudy’s advances” (The Massei report, pages 365-366).

In rejecting Guede’s final appeal Judge Giordano succinctly summarised the reasons why he was found guilty of sexual assault and murder in his Supreme Court report. It had nothing to do with the colour of his skin.

“The judgement rationale thus proceeds through rigorous logical steps, quite consistently, with no possibility of misinterpreting evidence, distorting significant data, or disruption of the overall probative reasoning. Meredith Kercher, before being slaughtered with the deadly blow at her throat, was the victim of a series of wounds, of forced restraining of her limbs, especially the left hand and arm - and on the cuff of the left sleeve of the sweatshirt she wore clear traces of DNA of the defendant are found – aimed at overcoming her resistance to sexual violence, of which the traces of DNA of Guede of the vaginal swabs are evidence, which then led to the violent behaviour of the deadly slaughtering.

The version of the accused is totally unrealistic because, even apart from the obvious omissions and contradictions detectable in his many statements, his previous acquaintance of Meredith, shaped in his story by a meeting on the night before the murder at the Domus pub, by a kiss between the two and by a date for the evening of the following day, is clearly disproved by a whole articulated testimonial structure, [19] coming from several people and indicating that: the two did not meet at the Domus (indicated by the testimonies of all the friends who were accompanying Meredith), even less did they converse, even briefly, at the Shamrock pub during the match between England and South Africa broadcasted the day before (indicated by the testimonies of AC, PM and F), and Kercher never confided anything, as would have been natural, to her friends about a date with Guede, not even on the afternoon of Nov. 1, as she had done in other occasions about details of her personal and love life (indicated by the testimonies of Robin Carmel Butterworth, Sophie Purton).

This is consistent with the portrait of Meredith’s character; she avoided sexual relations with other men apart from Giacomo Silenzi with whom she had begun a relationship that she absolutely did not mean to betray, as stated by her friends, especially not for unimportant adventures.” (Judge Giordano’s Supreme Court report, pages 17-18).

Some conclusions

Bob Woffinden has made a name for himself by publicly championing the causes of convicted killers and sex offenders. Mainstream media organisations such as The Guardian, The Daily Mail and The New Statesman have given him a certain degree of credibilty and respectabilty by publishing his articles. Many people will trust him and assume that he’s a reliable and trustworthy journalist.

However, their trust is misplaced. His lack of due diligence with regard to his article about Rudy Guede and the Meredith Kercher case is disturbing and unacceptable. He doesn’t get the basics of journalism right - which is astonishing for someone who has worked as a journalist for decades. He gets basic facts wrong and he has made numerous demonstrably false claims.

A professional journalist should be able to substantiate every claim they make. Bob Woffinden is unable to do this because he has relied on some of the numerous factually inaccurate articles and the massive defense and PR spin about the case instead of the official court documents and court testimonies.

It defies belief that he accepts Rudy Guede’s fairy tale version of events. You don’t expect such childlike naivety from an adult let alone an investigative journalist. He’s obviously blissfully ignorant of the fact that Guede gave contradictory and confllcting accounts.

It seems he has a deep-rooted psychological need to believe in innocence and police malfeasance, which completely clouds his judgement to the point where he blindly supports and campaigns on behalf of people who are blatantly guilty of sexual assault and murder like James Hanratty and Rudy Guede.

If there’s a more sloppy and self-serving journalist in the world, I haven’t come across them yet.


Tuesday, February 16, 2016

Sollecito v Italy & Guede: Damning Incriminations Guede’s Team Says RS Will Be Stuck With

Posted by The TJMK Main Posters



“Huh???” Sollecito in one of numerous interviews, usually falling short of convincing everyone

Post Overview

Guede’s team in Rome and Viterbo have a number of cards up their sleeves against Sollecito.

Sollecito and his father and legal team have apparently filed some damages lawsuit in Florence for compensation from the Republic of Italy.

His intention seems also to be to sue Rudy Guede, for defamation. In the RAI interview Guede did pretty solidly place him at the scene of the crime.

This post and later others will suggest what Sollecito could see thrown back at him. We’ve already pointed out that previous legal threats and court filings went nowhere. We may of course see that not happen here also.

This is a pre-emptive rebuttal published by the pro-bono team working for Rudy Guede at Viterbo Prison. (He also has a pro-bono legal team in Rome now.) They are responding to an attempt by Sollecito to put his case to bed in the weekly Oggi.

As with Guede’s interview this includes claims that are very self-serving. But it does also highlight the kinds of problems Sollecito faces.

It is kindly translated and submitted by Guermantes, one of our friends at PMF dot Net. Guermantes in part used Catnip’s new translation of the Micheli Report explaining Guede’s original verdict.

First Shot From Guede Team

February 5, 2016

The Centre for Criminological Studies of Viterbo responds - on behalf of Rudy Guede - to Sollecito’s assertions made in the Oggi article of January 26, 2016:

Raffaele Sollecito responds to Rudy Guede: “How many lies in the interview with Leosini”

Raffaele Sollecito “challenges” Rudy Guede on stories told by the Ivorian on TV

OGGI, analyzing word for word the interview with the Ivorian, imprisoned for the murder of Meredith Kercher, has identified at least eight omissions and blatant lies aired without being corrected. Among these, the appointment with the girl, the denial of having performed thefts, the use of hard drugs, the content of the judgment of the Supreme Court regarding the placement of Sollecito and Knox in the murder house.

The story of Rudy Guede still stands up though. Here is why …

Viterbo - Received and published – We learned of Raffaele Sollecito’s indignation, who, in an article published by a well-known weekly (Oggi, ed), complains about the inappropriateness of the broadcast of the ‘Cursed Stories’ program, in addition to the way it was recorded and run without contradiction[uncontested].

On this point, it is hardly necessary to recall that Raffaele Sollecito had been the guest on a large number of programs such as Porta a Porta, La vita in diretta, Domenica In, Piazza Italia (Rai programs, public television), Quarto Grado, Pomeriggio 5, Matrix (Mediaset), Otto e Mezzo (La7). All this - before, during and after the trials / verdicts that concerned him.

In the article just published, he notes, however, that comments and observations about current events should be offered before the verdicts and not after. Otherwise we would be “in the presence of a surreal fourth degree of judgment.”

We respect this opinion but we would also like to add that another school of thought argues that trials should be conducted in courtrooms and not on the pages of newspapers or in television studios. And Rudy Guede has waited eight years until the end of all sets of proceedings (including those relating to Raffaele Sollecito and Amanda Knox) before expressing his opinion.

Among other things, during a single television broadcast and not on the talk show circuit of national broadcasters. A choice, of Rudy, which should be respected. Because it is broadly related to the principles and values that characterize the Italian legal system.

Then, shifting the focus to the set-up of the program “without contradiction” [counter-arguments], it is necessary to point out at the outset that, in all those years of “Cursed Stories” programming, no one has ever complained about this mode. Moreover, Raffaele Sollecito himself was also the only guest “without contradiction.” Beginning with Porta a Porta of Bruno Vespa and ending with Otto e Mezzo of Lilly Gruber.

The [Oggi} article summarizes in eight points the alleged lies by Rudy quoting in some cases (not all) excerpts from transcripts or judgments about the case of Perugia. We try to respond to each of them, expressing the views of Rudy.

Point #1

Rudy had no appointment with Meredith? It may be! But speaking of appointments, the Court of first instance expressed itself by saying that “it is normal for twenty-somethings in a university town to meet up in the usual places without having to first set up a notary’s deed. “ [Par. 206.50] (page 93, Sentence of the First Degree Rudy Guede). This statement may also be taken into account even in the case of objection to Rudy’s words as having no value?

Still on point 1, credence is given to a few statements by Mr. Barrow, without saying, however, that the same had not only debunked at the hearing all his previous claims, but had also been in conflict with Rudy as regards girls. Moreover, the testimony of Mr. Barrow was interrupted by “the emergence of criminal behavior regarding monetary negotiations with a television news organization” (p.52). So much so that the witness was deemed unreliable.

Source: The Micheli Report

[194] Mr BARROW, already interviewed by the Public Prosecutor on the 11th of December 2007, which is to say a few days after Mr GEUDE’s return from Germany, had declared to knowing Mr GUEDE for some years, having often played basketball. On that occasion, though, he specified not moving in the same circles as him, due to RUDY being a habitual liar, drinking and using drugs, not to mention annoying the girls by molesting them in public and trying to kiss them.

[195] As for Ms KERCHER, who he described as shy and reserved, Mr BARROW had said he knew her from their shared visiting of the night clubs in the town centre, and in fact he had seen her on Halloween at the Domus, where – he says – RUDY definitely wasn’t; nor did it appear to him that the accused knew MEREDITH, and according to him it was not in fact true that he had spoken to her or had met her.

[196] In court, Mr BARROW restructured his grounds, saying for example that Mr GUEDE used to drink but a bit like how all the other young men were doing it, even if he had often seen him drunk; he instead denied being certain about any drug use on the part of RUDY, about whom he had mentioned it only for having heard gossip.

And also as regards the molestations, he corrected the gist of what he’d said in remembering only once when the detainee had struck up a conversation with a girl, without knowing that she was actually Mr BARROW’s girlfriend, and a squabble arose: on other occasions, he had seen him pull a girl towards himself while they were talking, although describing it as a gesture common to many others of the same age.

[197] On RUDY’s lies, the witness limited himself to saying that one time Mr GUEDE had been accused of having robbed something in a discotheque from a girl’s purse [translator’s note: handbag in BrE], the accused had immediately denied it, but then it had come out on the grapevine that it certainly had been him; on the presumed certainty that Mr GUEDE had not been at the “Domus” on the evening of the 31st of October, finally saying (and in effect he could not have said otherwise, ab initio) that he had not seen him, without being able to rule out that he really was there.

[198] The testimony, which in practice had not led to anything of significance being acquired, was then interrupted by the emergence of the outlines of an offence by Mr BARROW, concerning negotiations of a monetary nature with a leading television journalist, in whose regard he had presented a claim of trespass (when in reality he had invited those reporters in asking them for money for an interview), and it turned out he had then put forth a further request for money to settle things back to normal.

Point # 2

Rudy is a serial thief? The article in question contains two sentences that actually relate to the same incident five days before the tragedy, namely his entering an asylum in Milan. A reprehensible episode. So much so that Rudy has earned a related conviction for it (i.e. for possession of stolen goods.). However, beyond this, there is not a single record of another conviction, nor the presence of a complaint concerning other items mentioned in the article. Not only that, but the same Sentence of First Instance refers on page 101 to the absence of a “previous criminal record”, Rudy not having been tried yet for the Milan incident.

[Par. 44]”…on 27 October 2007 (ergo, just five days before the murder) he had been identified in the Milan jurisdiction and had been charged without arrest [a piede libero] for theft, receipt of stolen goods, holding and carrying arms.

Point # 3

Rudy had left genetic traces in Meredith’s purse? In the trial papers we have not read even one time that Rudy’s genetic material was found inside her purse; if anything, only on the outside. And the difference is not trivial. In fact, finding his trace on the outside of the purse would allow to assume / hypothesize a simple movement of the object in question, while claim to have isolated Rudy’s DNA inside it would mean that the boy might have really went through it, the latter circumstance, which did not result in any conviction, was not confirmed because not supported by any element.

It is therefore in itself horrible and defamatory, the expression used in the [Oggi] article: “While Meredith was bleeding to death” Rudy “rummaged” [in her purse,] Also cell phones and anything else missing from Meredith’s bag were found elsewhere, without any fingerprints or traces of Rudy.

As far as first aid provided by Rudy to Meredith, his efforts were described even by judges who – still on p.101 of the Sentence of First Instance – conclude: “not being able to explain otherwise the presence near the body of three towels.”

Point # 4

flight into disco. As unspeakable as this behavior is, it is hardly necessary to mention that as regards Raffaele Sollecito and Amanda Knox, the Court of Appeal judges commented that there were “numerous and varied ways of how human beings react,  faced with tragic situations” (taken from the Supreme Court with reference on page 17). Why should the same not apply to Rudy?

Point # 5

Rudy is a liar and he used cocaine? It is true that during the indictments are read expressions like the ones shown in quotation marks in the [Oggi] article, but in many circumstances the same assertions are revisited and subsequently confirmed by the judgments. Moreover, even as regards Raffaele Sollecito and Amanda Knox, it states that “the two have given versions not supported by objective evidence and not credible”.

Among other things, it is certainly not the case of measuring the credibility of all the defendants relying on the seriousness of the lies told; otherwise it would be appropriate to recall that Amanda Knox put at the scene of the crime an innocent, namely Lumumba, who only through an iron-clad alibi managed to get out of it.

[Par. 260.77] “It must finally be taken into account, still on the level of serious indicia of guilt and however arguing a contrario, that the two accused have given implausible versions [of alibis] or not substantiated by objective corroboration.

[Par. 260.78] “The circumstance of the missing memory or of the state of confusion, perhaps invoked with (convenient) reference to suggestive pressures on the one hand, or cloudiness of mind through use of stupefactants on the other hand, does not have concrete merit.

Point # 6

On this point Rudy says nothing special, so we do not understand just where the challenge is to what he said during the TV program.

Point # 7

The presence of Amanda and Raffaele at the crime scene. It turns out that during transmission Rudy have never claimed to have recognized the person he encountered that evening in via della Pergola. So we don’t understand the complaints about the alleged presence in that house.

It should be noted that in the Supreme Court ruling that absolves Sollecito and Knox is stated (p. 44) that “the hypothesized presence of the current appellants cannot in itself be considered as a demonstrative element of guilt.”

Why cannot the same reflection be taken into account for Rudy? Because the latter would leave traces “everywhere”? Rudy was there and admitted to having been there.

It should however be pointed out that this alleged abundance of traces must be scaled down seeing that on page 97 of the Sentence of First Instance it states that “the quantity of biological material referable to the accused could have been categorized, in effect, as minimal” [Par. 201], “ultimately nothing suggests that there was Rudy’s biological material in great abundance.”

[Par. 201] ”… with the conclusion that the biological material of Ms KERCHER was abundant, and Mr GUEDE’s, in proportion, was quite small.”

[Par. 9.3 on p.41 of the English translation (“pre-final”) of the Bruno/Marasca Report]:  “…the supposed presence in the house of the current appellants cannot, in itself be considered as a demonstrative element of guilt.”

Point # 8

In the last point it is reported that the substantial reasons for the denial of permission to obtain benefits requested by Rudy is to be attributed to the “lack of critical review of what has happened. He has not showed any remorse or repentance”.

First, if you intend to bring back quotation marks, it would be appropriate to bring it [the quote] back as it was actually written. And that is: “…found that the applicant has committed serious crimes in respect of which he does not recognize his responsibilities.”

Why would he recognize [his responsibilities] if he claims to be innocent to the point of wanting to request a review of the process? Is it not his right? Or the rights that characterize the Italian legal system do not apply to Rudy?

If he really is a liar, he takes the consequences and responsibilities. But ultimately, in this dramatic story, it seems that it is widely assumed. Maybe - and we stress, maybe - far beyond his faults.


Thursday, February 04, 2016

Subtitled In English, Videos Of All Of The RAI Rudy Guede Interview Start Here

Posted by Eric Paroissien

The scene-changing Rudy Guede interview on the government owned Italian network RAI, with subtitles throughout.

Please tell us of technical problems? At the end of each video there SHOULD be a link to the next.

If they dont show up, here are all the direct links.  One and Two and Three and Four and Five and Six and Seven and Eight and Nine and Ten and Eleven. That’s it.


Wednesday, January 27, 2016

Why Guede’s Ex-Lawyers Really Bailed On Him? The Italian Perception

Posted by Peter Quennell





Way too much is being made of this in the US in a wrong way.

Biscotti and Gentile of Perugia are not Italy’s winningest team. They have had precisely two cases of national significance in Italy. And both of their clients are serving long terms in prison.

  • Rudy Guede is serving 16 years in Viterbo Prison awarded by the Perugia court and confirmed by Cassation and another three years awarded by the Milan court for stolen property.

  • Salvatore Parolisi (seen above with the lawyers) was sentenced to 20 years for killing his wife Melania Rea with 35 stab wounds, and is appealing for a sentence reduction (really).

We posted a lot on Melania’s case starting even before it was clear that her soldier-husband killed her, in a very elaborate premeditated staging so he could continue life with his girlfriend.

Salvatore and Melania had a little daughter. Melania’s parents not only washed their hands of him after initially defending him, believing his tale that he was innocent.

They ran a blowtorch of a media campaign against him, the sort of thing Knox & Sollecito escaped, and for a while there he was the most hated man in Italy.

To their considerable credit, Biscotti and Gentile do accept to try to defend these low-income clients. But their fees cannot be remotely like those of the Sollecito and Knox teams.

And they do need to win some cases, and to attract more cases, and it is hard to see how they can help Guede to win anything at all in the law courts.

In fact, they never have won anything, ever, for Guede.

He chose the short-form trial in Perugia and the sentence was eventually set by Judge Massei at 16 years under the formula. The three years he was awarded in Milan was to code also.

Ten to one against this, but if the Sollecitos DO sue Rudy Guede as they are threatening for fingering RS as one of Meredith’s killers he is likely to spill the beans entirely.

That wont require any lawyers.

Posted on 01/27/16 at 01:38 PM by Peter QuennellClick here for my past posts, via link at top left.
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Wednesday, January 20, 2016

Sollecito Lawyers Threaten To Sue If Guede Tells Any Lies; Dont Hold Your Breath…

Posted by Peter Quennell

Bongiorno goes overboard at end of Nencini appeal; Italy laughs


Way to ensure high ratings? Now Bongiorno threatens to sue RAI if the interview propagates any “lies”.

Sources here and here. Good luck! If she DOES sue (dont put any money on that regardless of what Guede says) the Fifth Chambers report will not be her friend and she surely knows.

She hasnt commented publicly on that report though Sollecito has been very sulky of late. She still talks as if the March verdict is the only one that stands.

At other times there have been such threats to sue. None ever happened there. Examples:

  • Bongiorno didnt sue Aviello for saying she had been offering bribes to his cellmates in exchange for their testimony to help RS despite a threat.

  • Bongiorno didnt sue Lifetime TV as threatened for the movie about Knox - the RS character barely appears, maybe that was her beef - despite a threat.

    And Mignini’s case against Maori will really put Bongiorno and Maori in a bind, if Guede doesnt do damage enough.


    Monday, January 18, 2016

    Reports That On Italian TV Thursday Guede Will Claim Knox & Sollecito Initiated Attack, Caused Death

    Posted by Peter Quennell





    It seems the serial defamer Amanda Knox wins no love at all in Italy. As we posted 10 days ago:

    A majority of Italians still believe that Amanda Knox led a cruel pack attack on Meredith and (to Guede’s and Sollecito’s seeming considerable shock) landed the fatal stab in Meredith’s neck.  They watched Knox on the stand for two days, in fact doing herself great harm.

    Italian media are sure looking forward to Guede dropping her in it on national TV later this week. There are half a dozen reports.  This summary in English by Liz Houle just went online.

    It is being reported on January 18, 2016 that Rudy Guede says that he is innocent of the murder of Meredith Kercher. In a clear and concise manner, Guede states that there is no evidence of his DNA on the murder weapon or in the simulated break-in room. He goes on to say that he knew both Meredith Kercher and Amanda Knox but was more familiar with Knox. “It was not me, but I’m the only condemned” maintains Guede.

    Rudy Guede sat down in an interview on Italian television show Cursed Stories (Storie Maledette) and gave his unvarnished view of what happened. “It was not me. . . . “ pointing the finger back onto Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher.

    In precise and coherent language Guede describes exactly what happened the night Meredith Kercher was tortured and left bleeding to death on that cold November night. Guede explains “. . .when I was found in the house of the crime I fled because I was afraid. No one would believe me. I thought: Negro found guilty found. The subsequent investigations, conducted ​​badly, have shown that I was right.”

    There’s also this. Actually CNN has blown hot and cold, with Paul Callan and Chris Cuomo and Erin Burnett and Nancy Grace all coming out anti-Knox.

    Posted on 01/18/16 at 04:49 PM by Peter QuennellClick here for my past posts, via link at top left.
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    Wednesday, April 08, 2015

    In Big Complication For Cassation Guede Demands New Trial To Prove He Was Not “Accomplice Of Myself”

    Posted by Peter Quennell



    Above: Rudy Guede’s smart lead lawyer Walter Biscotti on another high profile case


    The Fifth Chambers of the Supreme Court was the one that allowed Knox and Sollecito to walk free.

    Sooner or later they must explain. Initial statements of their reasons has many Italian justice officials in strong disbelief.

    If there were evidence problems (and we know of next to none and hundreds of evidence points suggesting guilt) the Florence appeal court was the correct court to put them to bed.  Cassation has no legal mandate for that.

    It gets worse. Somehow the Fifth Chambers has to explain why the First Chambers ruled the other way on some very key points in 2010 and 2013 and why it confirmed Knox’s sentence for the felony of calunnia with no further possibility of appeal.

    It gets worse. The five judges would seem to have to come down for either the highly discredited Lone Wolf Theory or for two other “missing killers” (for which there is zero evidence) to have attacked Meredith. 

    From 2007 to 2015 two defense teams tried very hard but without conviction or success to do both of those things - even though Guede and his defense had no way to answer back as they were not even in court.

    Those same two teams tiptoed away from much of the pesky evidence against all three which they were simply powerless to explain.

    So Guede’s demand for a new trial reported today could not be timed worse from the Fifth Chambers judges’ point of view.

    Chances are that this request will be ruled on by another Chambers of Cassation. It might take some time but they might have no compunction (especially if they are the First Chambers) about hanging the increasingly embattled Fifth Chambers out to dry.

    No way Guede’s conviction ever gets reversed. He knows that. We all know that. The evidence is way too strong. But Guede could really rub it in that he was not the initiator of the 15-minute attack and could certainly not have done it alone. That he had no motive at all. That he was not a drug dealer or a burglar - no evidence for either exists.

    That he was not the one who had a reason to clean up the house as his own trial ruled. And that he did not wield the final blow.

    *****

    Added to the top post on Thursday, and amended Friday.

    It looked briefly like his lawyers contradicted Guede. But legally Guede is the one with much at stake and gets to call the final shots.

    And Biscotti merely added that while he didn’t know exactly what Rudy said, his words should not be considered as a public statement, he did not intend for them to go public.

    Of course, Biscotti would want to keep their powder dry, and keep Guede out of harms way, and keep all possible options open in Cassation.

    Smart legal, safety and financial tactics.


    Tuesday, February 11, 2014

    The Much-Demonized Rudy Guede Is Back In The News And Increasingly Threatening

    Posted by Peter Quennell





    Rudy Guede has long DELIBERATELY been demonized so that the attack on Meredith can be assigned to him alone.

    This description of Guede’s early days in the Ivory Coast and Perugia in the excellent Darkness Descending by Paul Russell and Graham Johnson remains the ONLY one that fully checks out. Certainly not that by the dishonest PR shill Nina Burleigh.

    Guede wasn’t especially an angel, and some in Perugia were iffy about him. But he had real friends, and up north he held a real job with a real career future, until that prospect imploded and sent him haplessly back to Perugia.

    Late in October 2008 Judge Micheli discounted all that Guede ever said about his role in the attack on Meredith in various conversations and statements, and sentenced Guede to 30 years.

    But Judge Micheli also concluded that there was no firm evidence either that Guede acted alone or that Guede was a drifter, drug dealer, knife wielder or burglar (Micheli was very sharp with one witness who claimed Guede may - may - have broken into his house).

    In 2009 through his lawyers Guede enquired of the prosecution whether he might testify at the Knox-Sollecito trial.

    But the prosecutions’ hands were already tied by the indictments and they (rightly) believed they had a really strong case regardless of anything Guede could add.

    At the 2009 trial the defenses pussyfooted around and never settled for a firm position on Guede. They floundered in their subdued attempts to prove that Guede or somebody else unknown was the so-called Lone Wolf.

    The Lone Wolf theory is really a zombie theory with so many stakes through its heart that no court will ever take it seriously.

    Guede’s steadfast fallback position before and since was that he was only in the house on the night of the attack because Meredith invited him to come in and they began love-making.

    At his late-2009 first appeal and also at Sollecito’s and Knox’s 2011 appeal before Judge Hellmann, he increasingly firmly pointed the finger at Knox and Sollecito as the murderers.

    Guede had been initially inclined to let sleeping dogs lie after he was mysteriously beaten up in the sex offenders wing of Viterbo prison, where prisoners are meant to be kept very safe.

    But Judge Massei’s scenario of the attack on Meredith in his March 2010 Sentencing Report, with Rudy Guede as the lead instigator, really bothered him.

    And in mid 2010 he became even more bothered when claims were made by a fellow prisoner the baby killer Mario Alessi that Guede confided that he really had committed the murder, along with two others. Not with Knox and Sollecito.

    A very angry Rudy Guede in turn wrote a letter denying this which very rapidly went public.

    In 2011 there was a tense confrontation in the Hellmann court (which several times descended into chaos) when this letter, in which by now Guede firmly accuses Knox and Sollecito, was read out for him.

    Guede stuck to this position on the stand, and he was not required to face full cross-examination by the shrill, frustrated defenses because he was already convicted and no longer the one on trial. 

    Seemingly fed up with all the dirty tricks against him and the now-incessant Knox and Sollecito mantras in the media that Guede had acted alone, he has come out with another letter.

    Italy’s AGI News Service has posted this letter to an unidentified recipient, along with this report.

    (AGI) Perugia, February 11 “Against me are being repeated false imaginated reconstructions of the crime for the sole purpose of wanting to denigrate my figure and person, systematically and in a negative way, in the public eye and not just in Italy.”

    He apparently also posted what he wrote in his own hand on the Facebook page “Legal processes and their surroundings”...

    The letter is on a sheet of notebook paper handwritten and signed by Guede.

    “To my regret I am again forced to take a pen and paper and write for the sake of the truth.. to all those thousands of people who still believe in justice.”

    “They can not access all the pleadings and components of this sad and extremely complex legal case which was dramatically painful for those who lived it . My sentence and judicial reasoning have been for too long subject to a continuous and willful manipulation and alteration of the data of the proceedings.”

    “Against me are made continuous false and imaginary reconstructions for the sole purpose of wanting to denigrate my figure and person, systematically and in a negative way in the public eye and not just the Italian.”

    “In the final judgment, as far as I’m concerned about these false and imaginative reconstructions, is that I was acquitted of theft and simulation of crime, a fact that I never hear mentioned in the various journalistic reconstructions.”

    “I also want to point out I do not accept in any way to be passed off and continually held up as a drifter, a thief, a homeless man, seeing my person and my dignity offended continually, denigrated and stereotyped by facts and things that do not realte to me… when I had a beautiful family and precious squeaky clean and friendly relations in Perugia.”

    Fast-forward to today, where reports say that Guede is getting close to day-release for study purposes and may only be months away from making more evidence against Sollecito and Knox public.

    Our posting lawyer TomM has looked at the issue of Guede being allowed out to study, and finds it regular and humane in this assessment.

    I respect the Italian system of criminal justice. Just as I recognize that the Italian courts have much better information than anyone posting on the internet relating to the culpability of the defendants in this case, I also think that the people who oversee Guede’s stay in prison are better informed as to his fitness to be reintegrated into society. That he would be allowed out during work days to become better educated, returning to his prison cell at the end of the day seems to me a more enlightened approach than what we do here.

    We used to have training programs in prisons. I don’t know that they were “cushy”, but they did work, so that when these convicts were released they were equipped with a marketable skill and rarely re-offended. But, the public thinks these were too cushy, so more Draconian circumstances and longer sentences are now the norm. It used to be people were sent to prison as punishment, now they are sent for punishment.

    Sometimes when a prisoner who has spent his or her entire adult life in prison completes the sentence imposed, they have to be physically dragged from their cells, so ill-prepared are they for anything other than doing time. With no skills, social or job-related, they re-offend—surprise, surprise. Sometimes re-offense is for the purpose of being returned a world that, for all its dangers is, to them, relative safety.

    While it is certainly true that prison doesn’t have much impact on sociopaths, the one thing they are attached to is money. Taking away their money does impact their behavior, so there is an alternative to killing them.


    Saturday, January 12, 2013

    How Much Or How Little To Blame Rudy Guede? The Defenses’ Immense Headache Coming Up

    Posted by Cardiol MD



    [Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]


    On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?

    Well, it sure varies.

    In trial court and first-appeal court it was never ever 100%. Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.

    In fact among the defendants and their teams only ONCE was Guede ever blamed 100%. 

    Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.

    Our next post will look at the categoric claims against Guede in that book. Meanwhile, here, let us start at the beginning.

    Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0%. Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.

    In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point.  After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.

    At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.

    In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene.  In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito. 

    Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.

    Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow. 

    During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.

    We can assume that is either 33% or 50% but never more than that.

    On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.

    The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).

    In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:

    • The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
    • But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.

    I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.

    Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.

    We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”

    I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it.  Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.

    It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.

    I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.

    I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review.  We should know in March 2013 if they regret it at all, let alone ‘bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.

    We were less impressed with how Judge Zanetti started the appeal hearings.

    To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is ‘certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.

    Unless the word ‘thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case. 

    For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.

    Guede, himself, had certainly already made a documented reference to Meredith’s scream.

    It was also certain that Guede had made documented references to his actual presence when Meredith screamed.

    Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the ‘reliability’ of those facts, e.g. ‘it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?

    The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:

    • That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, ….so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
    • That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
    • That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
    • That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “… the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19,  2007,  also listened to by the Police,  can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
    • And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “…..he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”

    So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:

    • Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
    • In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.

    We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.

    Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:

    The Hellmann/Zanetti court, “has… made …. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.

    In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him [59] to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .

    The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times‛ (pp 88 of the call [transcript]).

    If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times‛?

    Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.

    And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it ‚in favour of the two accused‛ both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe‛ and thus could well have been able to tell the whole truth (p 40 of the judgment).

    Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.

    [91] Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.

    In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house – who must have been one of the flatmates, thus Amanda (p 11 of the call), – while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).

    And also, on the subject of the break-in in Romanelli’s room – thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) – can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).

    If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies [92] having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”

    None of this changes my own beliefs that there are even many more things in evidence that are ‘beyond any reasonable doubt’.  For example:

    • It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
    • It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
    • It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.

    In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it. 

    Verrrry tough situation for defense counsel to be in.


    Friday, February 25, 2011

    Very Hard Language Of Supreme Court In Rejecting Guede Appeal, Confirming Three Did It

    Posted by Peter Quennell


    The report of the Supreme Court of Cassation released on Thursday was foreshadowed in content in our post of 17 December:

    Rudy Guede’s appeal is rejected on all ten grounds. His appeal grounds were ugly and dishonest and he has no further appeal. He will serve his 16 years, with maybe some time off, for being a savage willing party to the cruel stupid murder of Meredith.

    Rudy Guede will go down in infamy for his sex crime against a defenseless victim, for being a party to a taunting torturing knife attack, for claiming Meredith invited him in for consensual sex, and for not calling for help for Meredith and maybe saving her life while it was still possible.

    Cassation continues the fine Italian court tradition in this case of taking a firm and unblinking position, and for being utterly oblivious to the vile over-the-top campaign of Curt Knox, Edda Mellas and David Marriott which may now haunt Amanda Knox all of her life.

    What really caught the Italian media’s attention and made this the second most widely reported development in the case after the Amanda Knox-Raffaele Sollecito verdict was the icy hard language, the pure contempt for the depraved pack attack, the total rejection of all Guede’s stories, including his oft-repeated and totally unbelievable claim that Meredith invited him in and wanted love-making, and the court’s conclusion once again that the evidence methodically described in the Micheli Report overwhelmingly proves that THREE perpetrators took part in the crime.

    The Court of Cassation in this report made clear that Knox and Sollecito are not already formally nominated as the other two perpetrators and it does wait the referral of the outcome of the present appeal in Perugia. But unless the defense witnesses Alessi and Aviello can indeed convince Judge Hellman’s appeal court that Guede attacked Meredith with friends or that some other people entirely carried out the attack, there seems no way out for them. 

    The court also indicated that it considered the motive of the attack on Meredith to be frivolous, which is precisely what the prosecution claims in the current Perugia appeal as grounds for rejecting Massei’s mitigating circumstances, and for increasing Knox’s and Sollecito’s prison sentences to life terms. 

    This post of a month ago further explains Knox’s and Sollecito’s almost insurmountable problems.

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

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

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

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

    So here is how it is stacking up:.

    For the prosecution, four courts including the Supreme Court of Cassation have ruled that three people participated in the crime against Meredith, plus all of the evidence from both the Guede and Knox Sollecito trials now comes in, plus the prosecution is appealing for tougher sentences, which seems well justified based on precedents.

    And for the defenses? Will they now feel they have no choice but to put Knox or Sollecito or Alessi or Aviello or for that matter Rudy Guede on the stand as a last-ditch manoeuvre?

    Hard to see what further they have to lose.


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