Headsup: The first 8 episodes of the RAI/HBO production "My Brilliant Friend" about a supreme alpha-girl and her "moon" of a best friend airing in 60-plus countries are proving amazingly endearing. So many colorful elements of evolving post WWII Italy on display. Yes, some violence too, but peanuts compared to say New York in that era. A real must-see.

Series 4 No firm DNA hoax

Monday, April 08, 2013

Experienced Trial Lawyer: There’s Far More Evidence Than UK/US Courts Need For Guilt

Posted by SomeAlibi




The false claim “there is no evidence”

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

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

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

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

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

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

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

A definitive evidence point

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusions that must follow

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

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

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

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

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


Tuesday, March 26, 2013

More Pervasive Myths We Will Nail In Our Various Hoaxes Series In Due Course

Posted by The TJMK Main Posters





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

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

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

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

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

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

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

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

3) That Amanda Knox was forced into “confessing”

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

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

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

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

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

Final warning:

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


Monday, March 25, 2013

After Bizarre Hellmann Outcome Hard Questions That Meredith’s Family Now Face

Posted by Peter Quennell



[Above: Stepahnie Kercher at end of first appeal in late 2011 with Meredith’s second brother Lyle]


Judge Massei came out with a clear scenario for Meredith’s death after trial in 2009.

Judge Hellmann attempted to pick it apart but left no sensible scenario in its place. That is the toughest and legally most crucial argument of today’s prosecution appeal: that the 2011 appeal judges attempted to run a whole new trial - but essentially only listened to the defense.

In this context as Tom Kington reports the Kercher family lawyer in Perugia Dr Francesco Maresca has made this series of comments:

Francesco Maresca, a lawyer representing the Kerchers, claimed the acquittals of Miss Knox and Mr Sollecito were “defective” and “lacked transparency”, adding he was pushing for a retrial.

The appeal court rejected key evidence against Miss Knox and Mr Sollecito after ordering new expert analysis of traces of DNA found on a knife belonging to Mr Sollecito, and on Miss Kercher’s bra strap.

“There are many parts of the judge’s ruling that are defective,” said Mr Maresca. “For example, why did they only review those two bits of evidence? What about the blood in Miss Kercher’s bathroom and traces in the rest of the house?”

Mr Maresca also suggested the appeal court judge had buckled under pressure from supporters of Miss Knox in the US.

“There was a lot of external pressure and the judge showed a will from the start to acquit,” he said.

Dr Maresca also passes on a statement from Meredith’s sister Stephanie:

“We all still miss Meredith terribly… Unfortunately nothing will bring her back.”  Miss Kercher said her family continued to receive support from around the world and had set up a Meredith Kercher Fund to help pay their legal fees, adding the fund could be turned into a charity foundation when the case concludes in Italy.

“A beautiful young girl, my little sister, was taken from us far too soon in such a brutal way with too many unexplained factors,” she said.


Monday, February 18, 2013

Raffaele Sollecito Now Under Formal Investigation For New Crimes Apparently Unprecedented

Posted by The TJMK Main Posters




Breaking news. The Chief Prosecutor for Tuscany Dr Quattrocchi (above and below) has taken this investigation of Sollecito behind the scenes. Dr Quattrocchi is actually under no compulsion to make any of the Perugia and Rome complaints public before his investigation is complete. He has ordered all documents removed from the public domain. This is specifically to give the defense and their PR no advantage, and to make sure those others in Perugia who are going to complain about being defamed do so without harm.

Overview

This is a contempt of court case as court officials have been impugned. This is Wikipedia’s definition of “contempt of court” under US and UK common law.

Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court’s authority.

Often referred to simply as “contempt,” such as a person “held in contempt,” it is the judge’s strongest power to impose sanctions for acts which disrupt the court’s normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.

A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.

We may now find out much more about the equivalent under Italian law.

When Raffaele Sollecito and Amanda Knox were released at the end of 2011, the prosecution filed a Supreme Court appeal within the allotted period. This automatically meant that Sollecito and Knox still stood accused of crimes until the Supreme Court finally signs off.

Typically Italian defendants in such a legal status get good legal advice, on the lines of “Shut up and keep your heads down. We need to be the only ones doing the talking here.” 

Here such advice may or may not have been forthcoming, but the public record strongly suggests it was not. In fact Sollecios entire legal team is credited by both himelf and his shadow writer Andrew Gumbel with helping. This is what Gumbel wrote in his Acknowledgments:

Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.

In the same Acknowledgments Sollecito credits the following.

I was lucky to have a crack legal team who showed their devotion to the truth and, in some cases, did not even request payment. The team of lawyers and consultants included Adriano Tagliabracci, Francesco Vinci, Bruno Pellero, Francesco Introna, Giulia Bongiorno, Maurizio Parisi, Daniela Rocchi, Luca Maori, Donatella Donati, Marco Brusco, Aldo Poggioni, Delfo Berretti, Tiziano Tedeschi, and Antonio D’Ambrosio.

Interestingly, Luca Maori has already left Sollecio’s legal team, and all eyes are now on Giulia Bongiorno. Buy plenty of popcorn. Lawsuits could fly between lawyers and family. 

Since the end of 2011 Curt Knox’s forces seem to have have gone full steam ahead with their own vilifications of the Italian prosecutors, police, judges, and witnesses - in fact almost anyone who had any role in 2009 in finding them guilty, or came to believe that was a fair finding. Ourselves included.

In late 2012 Curt Knox apparently invited all the most fervent of these attackers to Seattle, including Frank Sforza and Bruce Fischer, as some sort of reward for their legally very ill-advised campaign. Buy plenty more popcorn. Lawsuits could fly here as well. 

Raffele Sollecito’s forces in Italy had been a lot more restrained.

But at a stroke, the shrillness of Raffaele Sollecito leapfrogged that of Amanda Knox’s forces, with the publication of his book Honor Bound by Simon and Schuster in English in the UK and US last September,

INSTANTLY the book became notorious in Italy, because excerpts were read out by an Italian reporter in New York on the national television show Porta a Porta. Raffele Sollecito’s father Francesco was on that show, and he was increasingly forced to admit a key claim in the book was invented. It simply never happened. His son made it up.

The false claim by his son that Francesco was made to repudiate - it reappears over many pages - concerned a claimed deal engineered by his family and offered by the prosecution to Sollecito.

The deal he claimed was to roll over on Amanda Knox, and if Sollecito did so, he would be home free.

Following the Porta a Porta show, the book (obtainable on UK Amazon, where many false claims are repeated in the reviews) began to make its rounds in Italy. It took some time before many official parties accused of crimes by Sollecito obtained copies and started to explore their own legal possibilities. They are apparently still far from finished.

At the end of last week, the Chief Prosecutor for Tuscany Giuseppe Quattrocchi received the first official request from Perugia, which is to investigate 12 very serious claims in the book against the prosecution and the legal institutions of Italy. The complaint nominates a number of witnesses.

The Prosecution office of Florence now has a maximum of six months to investigate whether there is a case against Sollecito and other named parties. If so, they will steer it through the hoops of the Italian process.

The potential ripple effects of this appear to us to stretch on and on. They could come to engulf both legal teams (credited in the book with helping) and all of the PR for both defendants. Sollecito’s publisher and shadow writer are specifically named in the complaint

If Amanda Knox is not let off the hook by the Italian Supreme Court late in March (the outcome we consider most likely, given the great strength of the appeal) the smart way for Knox to go in light of this could be to junk all her websites, her book, and her interviews, and throw her supporters under the bus. Plus maybe get smarter lawyers - the aggressive and inexperienced Dalla Vedova does her no favors.

Keeping Amanda Knox’s head out of this deadly new line of fire may be very late - but maybe better late than never.




Tuesday, December 11, 2012

Simon & Schuster Seem To Be Seriously Rattled Over Lack Of Due Diligence On Sollecito’s Book

Posted by Peter Quennell





See this emailed exchange which took place late today.

What Simon & Schuster’s agent is complaining about was a chronological reordering (behind the scenes and not linked to from the front page) of these many corrections here. Our Kindle and hardcover copies were legally purchased. Simon & Schuster put about 1/4 of the book on the front of their own website, and Google Books also carries about 1/4 of the book to read free.

Admittedly, our corrections may have been quite a shock. However, we didnt cause the book sales to tank. All of our past posts on Raffaele Sollecito’s book can be seen here.


*******


Mr Eraj Siddiqui
119 South B Street Suite A,
San Mateo, CA 94401

Dear Mr Siddiqui

Thank you for your “Verified DMCA Removal Request from Attributor” copied below.

The book you refer to appears to contain up to 30 instances of criminal defamation under Italian law and literally hundreds of wrong and injurious statements that are hurtful to many fine officials in Italy.

We have full legal rights to point out the myriad mistakes in the book. In fact a defamation of a prosecutor in the book has ALREADY been admitted on Italian national TV by the writer’s own father in Rome.

That Simon & Schuster apparently failed to do their legal and factual due diligence on the book prior to publishing seems to us to be absolutely nobody’s fault but their own. They are hardly new at this game.

Nice try, but sorry, no cigar.

Peter Quennell


*******


Dear Sir/Madam,

I certify under penalty of perjury, that I am an agent authorized to act on behalf of the Rights Holder identified below, the owner of certain intellectual property rights in the Work(s) identified below.

I have a good faith belief that the information contained in this notice is accurate, and that the page or material listed below is not authorized by the Rights Owner, its agents, or the law for use by the individual(s) associated with the identified page listed below or their agents.

To the extent that the Digital Millennium Copyright Act, the European Union’s Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions apply to your service, if at all, I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE(S) OR MATERIAL(S) at the Infringing URL(s) identified below.

Note that in some cases the pages/material may have been removed after the sending of this notice but prior to your review.

My contact information is as follows:

Organization name: Attributor Corporation as agent for Simon & Schuster Inc.
Email: .(JavaScript must be enabled to view this email address)
Phone: 650.306.9474
Mailing address:
119 South B Street
Suite A,
San Mateo, CA 94401

Nothing contained in this letter or in any attachments constitutes a waiver or relinquishment of any right or remedy possessed by the Rights Holder, or any affiliated party, all of which are expressly reserved.

My electronic signature follows:
Sincerely,
/Eraj Siddiqui/
Eraj Siddiqui
Attributor, Inc.

*** INFRINGING PAGE OR MATERIAL ***

Infringing page/material that I demand be disabled or removed in consideration of the above:

Rights Holder: Simon & Schuster

Original Work: Honor Bound
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P0/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P5/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P10/


Friday, October 19, 2012

Exploding Nightmare For Lawyers Of The Defense: Torrent of “Mistakes” In Sollecito’s Hapless Book

Posted by Sara





More and more and more wrong facts and libels are being turned up in Sollecito’s pathetic book, both by us here and by an irritated officialdom in Rome and Perugia.

Amanda Knox is rumored to perhaps be mentally unstable and figuratively locked in the attic in Seattle. Now Sollecito seems to have been disappeared back in Italy for his own good as well.

Sollecito’s own lawyers (who have in the past threatened to walk) and his own family have already thrown him to the wolves on Italian TV over just one highly libelous claim and there are an estimated two dozen more still to surface.

Not really a good idea to write a shrill “I’m the real victim here” book unchaperoned, when you have the smug mentality of a 12-year-old. The facts strongly against you. A very bright prosecutor. And a ghost writer whose slobbering over a laughably fictional Sollecito suggests he has a something of a boy-crush.

Raffaele Sollecito has made many stupid claims in his book, but perhaps none is so obvious and more idiotic than his claims about the “lost” emails.

What is it with this guy and the emails? He seems to think (or perhaps, thinks that the readers are stupid enough to believe) that if a computer or a hard drive is destroyed, all the emails in it are lost as well. Come on already, surely they taught him the mechanisms of email in his computer classes.

Look at his statements regarding emails. In chapter 2 (Love and Death) of his book, he describes the morning after the murder -

I’d been up several times in the night—listening to music, answering e-mail, making love—and wanted only to go back to sleep

Right, so he got up many times in the night to answer e-mails. You’d think that this would be his biggest alibi for the night of the murder, right? No, wrong. Raffaele could not prove his alibi because, in his own words -

I did not yet know that the Polizia Postale—supposedly experts in handling technology issues—had seized two of my computers along with Amanda’s and Meredith’s and somehow wrecked three of the four hard disks while trying to decipher them. The bottom line was that the damaged disks were now deemed unreadable. That left just my MacBook Pro to provide an alibi for the night of the murder.

But modern emails DON"T EVEN RESIDE on local hard drives unless one DELIBERATELY downloads them. And even if one does (and hardly anyone ever does) there rarely is reason to completely delete the original, and here there seems about zero reason to do that.

And even if the original IS deleted Facebook and email services have shown under legal pressure that they maintain complete backups going back many months. No way Sollecito’s supposed emails on the night could have been made to simply no longer exist.

Again, when he talks about Amanda and Meredith’s friendship, he says -

If either Meredith’s or Amanda’s computer had survived the police examination, there might have been photographs, emails, and other evidence to point to a more meaningful interaction

Here we go with the elusive emails again. Will someone explain the point of email to this guy? What difference would the local computers surviving or not surviving make to any emails residing on his host’s servers?

He actually has the nerve to criticize the Polizia Postale’s technical competence after making a statement to the effect that he and Amanda could not retrieve their emails as the hard disks were damaged.

Whether the hard disks were destroyed or not, whether it was the Polizia Postale’s fault or not is hardly important here. Admittedly, Amanda is not a “technical genius” (After all, she does not know how to delete messages from her sent items).

But what is stopping this resident technical genius from simply accessing his email box from some other computer or iphone, and printing out a copy from his sent items? Why doesn’t he ask even one of the happy recipients of his emails - by the way, who were they? - to forward it back to him?

Did all of them delete his mails from their in boxes and trash too? Even if we defy all logic and accept that they did, what’s stopping at least one of them from coming forward and testifying that they received a mail from him that night? Did all of them get selective amnesia at the same time too?

Similarly, if any emails that proved the “close friendship” between Amanda and Meredith existed wouldn’t they still be retrievable from Amanda’s mailbox? She could have printed a copy any time. Did she go around deleting all of Meredith’s mails the minute they arrived as well as her own replies to them, and clearing her trash box and all her host’s backups as well, just to be doubly sure they can’t be retrieved?.

Ok, let’s say the emails were deleted. What about the photographs? If there had been any photographs that would establish their “close” friendship, wouldn’t they be there on the camera or phone from which they were taken? Or wouldn’t either Meredith or Amanda have sent them to someone or posted them on their Facebook?

How did EVERYTHING vanish without a trace? If neither of them ever sent the photos to anyone or posted them online anywhere, or even kept them on file, you really have to wonder what was the point of taking them at all.

No one is claiming that Amanda and Meredith were at loggerheads all the time, they might even have gotten along initially. Meredith was not a person who judged people harshly. By all accounts, she did try her best to get along with Amanda, trying to include her in outings and defending her when she got into trouble.

It was Amanda who pulled away saying she wanted to socialize only with Italians. But the fact is that there were clashes and there were differences between them.  Trying to make out that they were the best of friends by claiming the destruction of non-existent proofs is not only unbelievable but also utterly stupid.

Like our main poster Hopeful summarized it: this claimed computer genius has never in four years been able to prove he sent an email? Ridiculous.


Friday, May 04, 2012

Dr Galati: Please Check Out What Looks Like A Mischievous Defense-Inspired Global Hoax

Posted by The TJMK Main Posters



[Left, editor Chris Blackhurst of the Independent, right, editor Tony Gallagher of the Daily Telegraph]


1. Examine first some key happenings at the Knox/Sollecito trial

Throughout the trial which began back in January 2009 the defense teams often seemed down or depressed or distracted or floundering.

Reports surfaced in Italy that one or two of them might even have considered walking. Knox defense counsel Luciano Ghirga was reported as nodding off or distracted. Sollecito defense counsel Giulia Bongiorno was photographed seemingly showing some exasperation with Sollecito and at zero notice she missed several days in court.

Amanda Knox’s testimony over two days on the stand in June 2009 was widely seen in Italy as a disaster. From then on many in the court and throughout Italy believed this seemingly callous, evasive, forgetful girl had to have had a role in Meredith’s death.

Having failed to attend to observe any of the key forensic tests at the Scientific Police labs in Rome, the defenses were able to introduce some forensic witnesses who testified that there might, possibly, somehow, be contamination in the collection and tests which they chose not to witness, but they never came close to showing how.

By the summations in November 2009 both defenses seemed to be seriously floundering. 


2. Fast forward to Friday 20 November 2009

What happened on 20 November might well have made it the defenses’ very worst day.

On that day during their summation the prosecution BEHIND CLOSED DOORS devoted an entire day to reconstructing how Meredith died and the events in the few hours before and since.

The presentation was closed because Judge Massei had ruled in favor of Meredith’s family to close the court to the media when any upsetting material was being presented. For example the results of the autopsy had been presented in closed court.

This resulted in the Massei judges and jury receiving a much more disturbing picture than the Italian public and especially the foreign publics ever did.

The Italian media pieced together what had been presented behind the closed doors on 20 November and Il Messagero and several other Italian newspapers published it several days later. You can read a combined summary in this post here.

To our knowledge none of that summary of events ever appeared in the US or UK media, so the full impact of the reconstruction felt by the jury and to a lesser extent by the Italian public was never felt at all by the US or UK publics.

This excerpt is from that post:

We have left out the depiction of the final struggle with Meredith, which is extremely sad and disturbing. In the evidence phase this was testified-to behind closed doors at her family’s request and we have never posted anything from those sessions….

23:21 - Amanda and Raffaele go into Meredith’s bedroom, while Rudy goes into 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. Rudy Guede enters and joins in.

23:30 - 23:45 Depiction in the timeline and computer simulation of a horrific struggle with Meredith

23:50 - Amanda and Raffaele take Meredith’s mobile phones and they leave the apartment. Guede goes into the bathroom to get several towels to staunch the blood, then puts a cushion under Meredith’s head.

That simulation video was a second-by-second depiction of what the crime-scene specialists from the Scientific Police in Rome had concluded, from the position of Meredith’s body in the room, evidence traces and the placing of various objects, and the many wounds described in the autopsy.

It was extremely difficult and laborious to get just right, and every tiny movement of the four that it depicts in three-dimensional space had to be able to stand up unchallenged - as they did.

The fight with Meredith took a horrific fifteen minutes. It only ended when she was lying bleeding on the floor, her hands grasping her neck. She was locked in her room to die, with her keys and phones removed to make sure she could not save her own life.

This was not a minute or two of hazing and a slipped knife. The evident intention was to see her dead - and in the reconstruction it required THREE ATTACKERS to explain all the evidence points.

The prosecution never entered the video into evidence so it could not be leaked to the public (the Sollecito family already stood accused of leaking one video)  but the effect on the jury seems to have been profound and the defenses could do nothing to blunt it.

The lone wolf theory was well and truly dead in that courtroom and a perception of three attackers was well and truly alive. The defenses did what they could in their summations but they were unable to shake the perception of a depraved three-against-one attack.

A few days later a verdict was announced. By a UNANIMOUS verdict Sollecito and Knox were found guilty.


3. Fast forward to the first-level appeal before Judge Hellman in 20011

Judge Sergio Matteini Chiari, the most senior judge in the criminal division, was appointed to preside over the appeal.

He was very experienced at presiding over murder trials and appeals. What happened next surprised many among the judges and prosecutors and Italian reporters and the Italian public generally. From the Italian Wikipedia:

Although the Assize Court of Appeal was to be chaired by Dr. Sergio Matteini Chiari, Chairman of the Criminal Division of the Court of Appeal in Perugia, in circumstances not well understood Dr. Claudio Pratillo Hellmann, who chairs the Labor Chamber of the Court, has been called on to preside over the appeal court,

The judge to the side of the main judge, Dr. Massimo Zanetti, came from the Civil Section, and both had had limited experience with criminal trials both rather remote in time (only the cases of Spoleto and Orvieto).

Judge Hellman readily consented to the defense requests. First to re-examine several witnesses previously heard on the stand during trial (primarily Mr Curatolo) and two new ones (Alessi and Aviello) intended to show that Guede or Aviello’s missing brother could have attacked Meredith with unknown others.

And second to appoint two independent experts who would re-examine the DNA on the large knife found in Sollecito’s apartment and the DNA for which traces were collected in Meredith’s room and the methods used for processing them.

The examination of the witnesses seemed to end indecisively, but the vague suggestions of the independent consultants that there COULD have been DNA contamination - never proven - was accepted readily by Judge Hellman.

The reconstruction and the showing of the simulation which the trial jury sat through in later 2009 was not repeated by the prosecution at the first appeal in late 2011. Judge Hellman showed no inclination to sit through the full depiction of the day or the horrific 15-minute attack on Meredith.

So the explanation of all the evidence points in the room and on Meredith’s body was never solidly brought home solidly to Judge Hellman or his jury. In his verdict he overturned the outcome of the first trial, provisionally pending any Supreme Court ratification, and he handed Amanda Knox a three-year sentence for framing Patrick Lumumba.

Having refused to see the reconstruction, he could very torturously argue that the attack on Meredith could have been carried out by a single person. If he and his jury had actually watched the video, they could never have argued that.


4. Fast-forward to the grounds of Dr Galati’s appeal to the Supreme Court

The Umbria Chief Prosecutor’s grounds for appeal were spelt out by him at a new conference in Perugia on Monday 13 February 2012. The PMF translation team will soon have the full document ready in English.

The summary of the grounds for appeal below is translated from the Umbria24 report and to our knowledge NO English-language website except this one and PMF has ever reported what are the full grounds.

Meredith case: the prosecution appeals to Cassation: the acquittal verdict should be “nullified”.

For the Chief Magistrates of the [Umbria] Prosecution, “it was almost exclusively the defence arguments which were taken heed of”

By Francesca Marruco

The first-level conviction verdict was “complete and thorough” while the verdict of the second-level is “contradictory and illogical”.  For this reason, the General Prosecution of Perugia asks the Cassation to revoke or invalidate it.

“We are still extremely convinced that Amanda and Raffaele are co-perpetrators of the murder of Meredith Kercher” said the Chief Prosecutor of Perugia, Giovanni Galati and the Deputy Chief Prosecutor, Giancarlo Costagliola.

Verdict that should be revoked “The second-level verdict should be annulled/revoked….  There are precise reasons for revoking it”, Mr Galati went on to say. In the Hellman reasoning report on the verdict with which the second-level judges acquitted the ex-boyfriend and girlfriend “there are so many errors, and many omissions. There is inconsistency in the grounds for judgement, which brings us to nothing.”

“It is as if they had ruled ex novo [anew] on Meredith’s murder” added the Deputy Prosecutor, Giancarlo Costagliola, “basing their decision solely on the arguments of the defence.”

“Normally the appeal judge evaluates the reasoning procedure of the first-instance judge and compares it to new elements. But this one missed that out altogether: there is no comparison between the checks carried out in the first and second instances. Only what was carried out during the appeal was evaluated.”

Only defence arguments were taken heed of For the magistrates, in fact, the second-level judges “took heed, almost exclusively, of the arguments of the defence consultants or the reconstruction hypotheses that were largely to the benefit of the defense theses”.

The prosecutors who authored the appeal [to Cassation] also criticized the “method used”. “The first-instance verdict”, they wrote, “was summarized in just a few lines”,

“The verdict [which we] challenge completely ignored all the other aspects which corresponded with the accusation’s hypothesis, all the aspects which, on the contrary - as was seen in the reasoning report of the first-instance verdict - had been rigorously pointed out and considered by the Assizes Court [trial court] in its decision.”

“In examining the individual [items of] evidence, the challenged sentence has fallen into consistent procedural error in the weaknesses and evident illogicality of the grounds for its decision.”

Prejudice For the General Prosecution magistrates, the second-level [first appeal] judges appear to have shown “a sort of prejudice” with the “infelicitous preamble of the judge [the author], who is supposed to be impartial”, when he declared that “nothing is certain except the death of Meredith Kercher”, which to the others [Mr Galati and Mr Costagliola] is nothing more than “a resounding preview/forecast of the judgement” and a “disconcerting” affirmation.
 
The ten points The reasons for the appeal to Cassation which Perugia’s General Prosecution presented today against the acquittal verdict of Amanda and Raffaele are based on ten points of the second-level verdict.

The first is the lack of grounds for the decision, in the decree of 18 December 2010, to allow the forensic testimony/expert witness in the appeal judgement.

The second, in contrast, concerns a contrary decision: the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

The other points deal with the decision by the Appeal court of Assizes of Perugia to not hear the witness Aviello, also the definition of “unreliable” [in the Hellman Report] with reference to the witnesses Roberto Quintavalle and Antonio Curatolo, also the time of death of Meredith Kercher, also on the genetic investigations.

As well as the analyses of the prints and other traces, also the presence of Amanda and Sollecito in via della Pergola, also the simulation of a crime [the staged break-in], and also the exclusion of the aggravating circumstance of the crime of “calumny”.

Missing assumption/acceptance of decisive evidence In the appeal to Cassation there is also mention of the “missing assumption/acceptance of a decisive proof”

In other words, of that proof [presented at trial court] which consisted of “the carrying out of the genetic analysis on the sample taken from the knife by the experts appointed by the Court during the appeal judgement, who did not carry out the analyses of that sample, thus violating a specific request contained in the [orders given to them] when they were assigned to the expert-witness post”

“In the second-level [Hellman] verdict”, the magistrates said, “the judges sought to refer to this in their own way, by speaking of an “experimental method” by which these tests/checks could be carried out.

But this is not the case”, said Deputy Chief Prosecutor Giancarlo Costagliola: “Dr Novelli [the prosecution’s DNA consultant at appeal] spoke of cutting-edge technology, not of experimental methods”.

So Dr Galati, himself formerly a deputy chief prosecutor at the Supreme Court who for years handled nothing but Supreme Court cases and knows what constitutes a sound appeal argument, argued that Judge Hellman had made ten serious mistakes. (Aviello claimed in court that he had been bribed; instead of investigating, Judge Hellman very quickly move on.)

But even worse, that Judge Hellman had illegally vastly expanded the scope of the appeal. And he had illegally appointed the independent DNA experts.

Because of Hellman’s alleged sloppiness and overreach, the defenses now stood to lose EVERYTHING they thought they had gained - and had been so noisily jubilant about, especially to the media in the US. An arrogance not taken kindly to in Italy at all.


5. Fast forward to English language press reports of the past few days.

Nick Squires may have been the first to carry the report quoting unnamed sources in the Daily Telegraph.

Two prosecutors in Perugia, where Miss Kercher was murdered, face accusations of wasting 182,000 euros (£150,000) of public money by commissioning a controversial 3D video which purported to show how the murder unfolded.

The contentious video, which defence lawyers said was based on circumstantial evidence, showed Miss Kercher being held down and stabbed to death by Miss Knox and her two co-accused.

The Leeds University student and her alleged murderers were represented in the 20 minute film by animated ‘avatars’. It was played on a big screen to the judge and jury in the original trial in 2009.

The National Audit Office is now investigating the prosecutors, Giuliano Mignini and his deputy, Manuela Comodi, on whether the video was a necessary part of their case.

If found culpable they could have to pay the money back to the prosecutors’ office.

Really? Accusations? Wasting? Controversial? Purported? Contentious? Now investigating?

Note that Nick Squires didnt name his sources. He didnt explain why he claimed the video simulation was controversial. (It wasn’t at all controversial at trial in 2009.) He didnt seem to know who had made the accusations or how or when they had been made or to who. 

He failed to mention that the video was played behind closed doors, and that the defenses had no comeback to it. He said it depicted Knox, though in fact it deliberately didn’t. He didn’t explain that the depiction of the fight lasted 15 minutes. He didn’t explain that the depiction of three attackers was overwhelmingly convincing to Judge Massei and his jury.

Nick Squires’s report was nevertheless comparatively brief and restrained in contrast to that of Michael Day which came next. His very much embroidered version was published in the UK Independent.  The accusatory tone and serious charges in Nick Squires’s and Michael Day’s reports were then picked up without checking by a large number of American and European media outlets.

See the reports here and here and here and here and here and here and here .

Note that not one of these reports was checked out in Italy, and that all these reports slam Mr Mignini (yet again) and indicate that this was an OFFICIAL accusation of “wasting public funds”.  Many US reports wrongly state that the British audit office is investigating.

Michael Day claimed that “Agostino Chiappiniello has said he suspects the two of inappropriately spending €182,000 (£148,000) on a crude and cartoonish 20-minute video,” 

Really? Agostino Chiappiniello, did you tell Michael Day precisely that?

Michael Day then states that “In both trials [Mr Mignini’s ] interventions were notable for the outlandish motivations and personality traits he attributed to the defendants. He promoted the idea that the murder was the result of a sex-game that got out of control, despite having little or no evidence to support the theory.”

Really? Actually Guede and Knox and Sollecito were all CONVICTED of a sex crime at trial, because to their judges and juries that is what the evidence inescapably pointed to.

And Michael Day concludes with yet another misleading statement (see above on Dr Galati’s appeal for the correct facts which he seriously garbles here.):

Judges at the Cassation court may only overturn the first-appeal verdict on technical grounds. Thus, no new evidence may be introduced and the prosecution’s room for manoeuvre is limited. The pair could not be retried for the same crimes.

Really? But nobody is talking about the pair being retried for the same crimes. This does not arise. Under Italian law they STILL stand accused of the same crimes as they were before trial back in 2009 until the Supreme Court signs off on their case.


6. Fast-forward to the ITALIAN reports of the past two days

Translation by our main poster Jools from an Umbria24 report, posted on Wednesday, which tells a very different story. 

[There was several months ago]… a complaint from “a group of private citizens” who did not sign their names and surnames about an alleged misuse of public money….

No comment from the two prosecutors of Perugia, no comment on this news.

As we have learned the prosecutors have not received any legal papers regarding the investigation and they heard of the news from the press.

Who will pay? To decide if the expense was adequate for the State coffers will be the task of the prosecutor at the Court of Audits of Umbria.

Meanwhile if the Supreme Court were to overturn the judgment of the Perugia appellate court, the costs would be paid by the two accused [Knox and Sollecito].

If instead the Supreme Court were to confirm the acquittal, the bill for 182 thousand euros would be borne by the Italian State.



7. In summation

Quite a fizzle. The prosecutors are NOT quaking in their boots. They didnt even know about it.  And the full force of Italian justice does NOT have them under the microscope. 

  • The anonymous complaint was filed over two months ago.  Nick Squires and Michael Day sure did not make that clear.
  • If the enquiry is actually pursued (not at all certain)  then it is Amanda Knox and Raffaele Sollecito who could in fact be stuck for the costs (plus VAT) of producing the video. Nick Squires and Michael Day sure did not make that clear.
  • The Corte dei Conti is not the equivalent of a criminal or civic court, it is essentially an investigating tribunal. Nick Squires and Michael Day sure did not make that clear.
  • The Corte dei Conti has so far not accused anyone of anything, and it may never do so. It sure doesn’t seem to regard the matter as urgent. Nick Squires and Michael Day sure did not make that clear.
  • In fact it has taken over two months to, well… not even assemble the evidence or bother to get in touch with Mr Mignini or Ms Comodi. Nick Squires and Michael Day sure did not make that clear.

On the same basis Judge Hellman could in theory be accused of incurring TWO huge cost over-runs.

  • One for running his appeal court only on saturdays to suit just one defense lawyer, when the overtime costs to Italy became huge - substantially more than the cost of the video. Nick Squires and Michael Day sure did not make that clear.
  • And one for (according to Dr Galati) illegally appointing the two DNA consultants - the costs of that investigation to Italy became much more than the cost of the video. Nick Squires and Michael Day sure did not make that clear.

The reconstruction video is so powerful and accurate that it could,  if it is watched by the Supreme Court in Rome or a new appeal court in Perugia, be quite devastating to the defense of the two accused. This is because it depicts the full cruelty of the attack on Meredith - and it shows that THREE people had to have attacked her.

So who filed the anonymous complaint against Mr Mignini and Ms Comodi? And who used Nick Squires and Michael Day as puppets to make a private claim look official, and make that hoax go viral?  We are sure Dr Galati will have all the answers before many days go past. Calunnia charges might apply.

Someone must REALLY fear that Sollecito and Knox will be cooked if that video reconstruction ever gets shown again. Case closed? At one stroke.


[Below: Knox and Sollecito, who could be billed over $300,000 for the reconstruction video]


Tuesday, August 02, 2011

Powerpoints #17: Why The Totality of Evidence Suggests Knox And Sollecito Are Guilty Just As Charged

Posted by James Raper With Kermit





Please load Powerpoint Viewer if not on your system, and click here for the slides. The Powerpoints consist of 150 slides, the outcome of many hours of work, and should open in 30 to 60 seconds. 

Impartial lawyers like myself tend to look at a tough case like this and think, “Now what would I have done differently?” The problem for the defences here is that there are literally hundreds of evidence points, many created by the appellants themselves as they behaved erratically both on the night Meredith died and subsequently.

The Knox family legal advisor Ted Simon (who in our view was brought in far too late to be of real help after all the bull-in-a-china-shop damage of the PR) himself recognized this, on Dateline NBC late in 2008, when he said that a whack-a-mole approach to creating reasonable doubt would fall short in this case. (Whack-a-mole is a popular fairground game where “moles” keep popping up out of various holes, and you win if you can whack them all.)

Judge Micheli set out a big picture for the conviction of Rudy Guede in October 2008 and the remitting of Knox and Sollecito to stand trial. Judge Massei clearly created a big picture in all of the fine detail he neatly tied together in his 425-page report. The Supreme Court of Cassation understood the big picture in declining Guede’s final appeal.

The defences have never really managed to respond with their own big-picture approach. Nitpicking of a few evidence points, which is really all the defence and the campaign have done, will only very rarely destroy such an edifice. At the end of the DNA rebuttal this September, the DNA collection and analysis is unlikely to be fully discounted, and already it seems that more ethical and competence question marks hang over the independent consultants than over Dr Stefanoni and her team.

This for your consideration is an overview of all of the main evidence. Check it out as you go through and you will see that after the nine long months of the appeal process it is all almost entirely left standing. If they really want to see Knox and Sollecito released, the defence lawyers now need to bite the bullet and prepare their clients properly and let them try to explain from the stand.


Wednesday, July 27, 2011

Witness Tampering By Defenses? Two Investigations Apparently Already Launched In Rome And Perugia

Posted by Peter Quennell





Sources tell us they believe Vanessa Sollecito and her family are once again under investigation, this time possibly with Sollecito’s defense lawyers.

The investigation was apparently sparked by the specific claims yesterday under oath before a magistrate in Perugia of Luciano Aviello (a serial defamer and perjurer whose credibility never has ranked high) that Vanessa Sollecito paid him 30,000 Euros for his testimony on June 18 with Sollecito’s counsel in the loop.

First, here is a summary of what Luciano Aveillo testified to on 18 June by our main poster Will Savive:

Another prison inmate Luciano Aviello [42] who has served 17 years in jail after being convicted of being a member of the Naples-based Camorra, testified today that his brother Antonio and his colleague had killed Meredith while attempting to steal a “valuable painting.”

Aviello said that the Albanian—who offered his brother “work” in the form of a robbery—had inadvertently jotted down the wrong address, and they instead went to the house where Kercher and Knox were living, and they were surprised by Meredith’s appearance. According to Aviello, his brother and the Albanian man then committed the murder and fled.

Aviello is from Naples, but was living in Perugia at the time of the murder. He claims that his brother, who is currently on the run, was staying with him in late 2007 and on the night of the murder he returned home with an injury to his right arm and his jacket covered in blood.

Flanked by two prison guards, Aviello described how his brother had entered the house Meredith shared with Knox and had been looking for the painting when they were disturbed by a woman “wearing a dressing gown.” So many convicts, which one to believe, if any?

“My brother told me that he had put his hand to her mouth but she had struggled,” Aviello testified. “He said he got the knife and stabbed her before they had run off. He said he had also smashed a window to simulate a break in.” Aviello said his brother had hidden the knife, along with a set of keys his brother had used to enter the house. “Inside me I know that a miscarriage of justice has taken place,” he asserted. Consequently, Aviello had been in the same jail as Sollecito and had told him: “I believe in your innocence.”

Luciano Aviello now claims that all of this above was fiction. There were no hidden keys or knife, and his brother was not living in Perugia at that time.

Here is a translation by our main poster ZiaK of one of the most comprehensive reports of what Luciano Aviello testified to yesterday under oath in Perugia. We have added the emphasis to key passages..

Meredith, Aviello: «I lied following agreement with Sollecito’s lawyers in exchange for money »

Aviello claims he received 30 thousand euros in exchange for his testimony

Scritto il 27/7/11 • Categoria: Cronaca

by Francesca Marruco

After having received notice that investigations had been completed by the Perugia prosecutor, the ex supergrass (state’s evidence), Lucian Aviello, requested and was granted a hearing with the Perugia prosecutors. Last Friday in Capanne prison, the witness who had been brought into the court case by Amanda Knox’s defence team admitted – in a roundabout way - to Dr Manuela Comodi that everything he had declared was false: that it was false and had been agreed with Raffaele Sollecito’s lawyers in order to create confusion in the case.

He denied all the statements he had made in court. Luciano Aviello, who had told the judges of the Assize court that Meredith had been killed by his brother and that he himself had hidden the knife with which she was killed as well as the keys of the via della Pergola house, told the assistant prosecutor, Manuela Comodi – who, together with her collegue Giuliano Mignini, was in charge of the investigations into the death of Meredith Kercher – that he recanted everything he had previously declared. His brother had nothing to do with it, he had never hidden any knife nor any bunch of keys. Just as he had never lived in Perugia – as he had stated in court before the judges.

Aviello: «Nothing is true, and it was all by agreement» As to why he had told this sea of whoppers, he gave his explanation in fits and starts in over 80 pages of court records. From the desire to help someone he had met in jail, and whom he loved – Raffaele Sollecito – by means of his lawyers, some of his family, and one of Amanda Knox’s lawyers who apparently went to the Alba jail to hear him in order to deflect suspicion from Sollecito’s team. Aviello heavily accused Sollecito’s lawyers and sister. He said that it had been she [the sister] who had delivered the 30 000 euros to an acquaintance of his in Naples, who was to act as a go-between. The money was to be found in an apartment in Turin which the Perugia police will check. Aviello declared himself as being willing to appear in court and repeat everything before the appeal judges of the court of Assizes.

His first motives and his current ones The reasons for which he had agreed to tell these lies was that, according to what he told the prosecutor, he had been assured that the Perugian prosecutors would not investigate him – contrary to what had in fact happened – and that he was fond of Raffaele Sollecito, and also because he was to receive in counterpayment those 30 000 euros which he would use for a sex-change operation, as he himself had declared several times. But now that he had received notice that the investigations were finished, and since (he claims) he no longer hears from Raffaele any more because otherwise no-one would believe him [translator’s note: I assume Aviello means he doesn’t hear from Raffaele because Raffaele is concerned that if he stayed in touch with Aviello no-one would believe Raffaele any more], he no longer has any reason to continue lying, whereas he has plenty of reasons to try and lighten his own position as someone under investigation for calunnia (slander).

Aviello: Raffaele told me that it was Amanda and that he was also there Around the middle of the interrogation, Aviello said – referring to something that Raffaele apparently told him – that «the murderer, in fact, was not him: it was Amanda, during an erotic game». Raffaele apparently also declared «I actually know that it’s true that Amanda did it, but I didn’t do it: it wasn’t me that did the murder; I didn’t do it». This is what [Aviello] declared between one allegation and another, and he also declared that he was prepared to repeat everything before the judges. Before those very judges to whom, on 18 June last, he so shamelessly lied.

What has changed? The repercussions which these new declarations – made by a man who has already been convicted 8 times previously for slander [calunnia] – might have cannot be conjectured. Or at least, not all of them. The lawyer Giulia Bongiorno has already declared that she will defend her honour in court against anyone who might accuse her of having paid a convict to create confusion in the case. It is foreseeable that Luca Maori and Carlo Dalla Vedova will take the same stance. What the Prosecution will do is more difficult to determine. The investigations on Aviello’s slander against his brother may have ended, but how many others may be instigated as a result of these declarations? In the meantime, everyone will return to court on Saturday to discuss the genetic evidence, which might truly decide the path that this case will take.

Presumably a beeline is now being made to that apartment in Turin where the 30,000 Euros if it exists might be hidden. Early announcements might also be expected from the Sollecito family, who did meet with Aviello in prison, and from Giulia Bongiorno who chose to put Aviello on the stand.

There is also a second investigation, we are told. Several sources understand that the independent DNA consultants Carla Vecchioti and Stefano Conti might now be under investigation for possible contact or collaboration with one or several defense DNA experts.

Our main poster Fly By Night already suggested that the geographical location and published views of experts quoted by Carla Vecchioti and Stefano Conti looked pretty fishy. And the lawyer for the family of Meredith, Francesco Maresca, complained on Monday that a request endorsed by Judge Hellman for them to make sure to use European resources on the state-of-the-art of low-count DNA testing had been ignored.

A note on Italian law here. If the prosecution or defense come to believe that an element of the appeal is not being thoroughly and objectively examined they are entitled to appeal instantly to the Supreme Court of Cassation for a ruling.

Amanda Knox’s defense already took that route, before she ever went to trial, to request that her statement made without counsel present in the wee hours of November 6 2007 should be put aside. The Supreme Court so ordered.

We are sure Judge Hellman will want only the full truth and he may put all parties back on the stand. Still, the power of upward appeal is available to the prosecution in both these instances.


Sunday, July 03, 2011

A Deeply Ugly, Inaccurate And Callous Piece Of Junk By Nathaniel Rich In “Rolling Stone”

Posted by The Machine





Who is Nathaniel Rich?

According to Wikipedia, Nathanial Rich is an American author and essayist.

He is also the son of the New York Times columnist Frank Rich, and various online commentaries about him credit that.and not talent or ethics or hard work for any success he might have had.

Still, you would think that being the son of a high-profile journalist, Nathaniel Rich would try hard to write a fair, factually accurate and balanced report. One carefully checked out, with the Italians he impugns and with no sign of obsessive pro-female-perp bias. 

But instead Nathaniel Rich and his editor Sean Woods (image below) have come out with an xenophobic, defamatory,  highly inaccurate report..

In this piece Rich comes across like the notorious Stephen Glass who simply made stories up and whose editors never cross-checked until it was too late. Except Stephen Glass that never actually showed bigotry or defamed.

It does not seem too much to ask to expect anybody writing an article about the shocking sexual assault, torture and murder of Meredith Kercher for them to have done their due diligence? And to made sure that every single claim presented has been verified by the official court documents or independently corroborated by objective and reliable sources?

And for Sean Woods and other New York-based Rolling Stone editors even in their decline to check out their writers’ claims, especially with those impugned?

In this piece we analyze just some of the numerous wrong claims by Nathaniel Rich in his article The Neverending Nightmare of Amanda Knox and compare them (as he should have done) to official court documents such as the Micheli report, the Massei report, Rudy Guede’s final sentencing report by the Supreme Court, and testimony at 2009 trial and 2011 first appeal [later annulled].




Above: Nathaniel Rich’s editor at Rolling Stone Sean Woods

Claim 1: There were bloody fingerprints all over the apartment

Wrong. Nathanial Rich gets his first basic fact wrong in just the second sentence of his article with his claim that Guede left bloody fingerprints all over the apartment.

There was in fact not even one. According to the Micheli report, the Massei report and Rudy Guede’s final sentencing report, Guede was identified by a single bloody palm print, not a whole lot of bloody fingerprints:

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…  (page 5, Rudy Guede’s final sentencing report).

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). There was not a single fingerprint of his or Sollecito and almost none of Knox at the crime scene - which consists of the entire apartment.

Rich’s “her killer” in his opening implies there was only one killer but FOUR courts including the Supreme Court insisted there had to have been three. The lone wolf theory has long been dead. This is why the defense had to drag Alessi and Aviello into court two weeks ago, to try to prove Knox and Sollecito were not the other two.


Claim 2: A provincial police force botched one of the most intensely observed criminal investigations in Italy’s history

Wrong. A Knox cult myth. Nathaniel Rich attempts to disparage the investigation in Meredith’s murder with the smearing claim that it was seriously botched (it wasn’t) and by a provincial police force. Nathaniel Rich is trying to insinuate that that the police officers involved in the investigation were unsophisticated. However, again he only succeeds in revealing his ignorance of even the most basic facts of the case.

Two separate police departments from the Italian equivalent of the FBI in Rome were heavily involved in the investigation into Meredith’s murder: a forensic team from the Scientific Police led by Dr. Stefanoni, and the Violent Crimes Unit, led by Edgardo Giobbi.


Claim 3: Sollecito finally stated that Knox could have left his apartment for several hours on the night of Kercher’s murder while he was asleep

Wrong. Nathaniel Rich’s claim that Sollecito said that Knox “could” have left his apartment for several hours while he was sleeping is simply not true. You can read Sollecito’s various alibis here. Sollecito categorically stated in his witness statement that Knox DID leave his apartment, while he was wide awake. He said she went to Le Chic at 9:00pm and she came back at about 1.00am.

“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).

So Sollecito never said Knox “could” have left his apartment “while he was asleep”. The source for Nathaniel Rich’s embarrassing factual error is almost certainly the conspiracy theorist Bruce Fisher, who has repeatedly made the same false claim on his conspiracy website, a site riddled with invented claims.

Shame on Nathaniel Rich for gullibly believing another Knox cult myth, propagated by the likes of Moore and Fisher, and for being too lazy to independently verify this information.


Claim 4: Amanda Knox was slapped on the back of the head

Wrong. Another Knox cult myth. Nathaniel Rich employs the same tactic as the conspiracists Bruce Fisher and Steve Moore who are trying by all possible means to rescue Amanda Knox from those dastardly Italians.

Namely, to give what appears to be a very detailed eyewitness account of what happened at the police station on 5 November 2007 despite the fact he wasn’t even there.  He makes all of this up, including “verbatim” quotes from some unnamed police officers.

Two female officers, who had been chatting informally with Knox, invited her to an interrogation chamber.

“Let’s go back over what you did that night,” they asked her. “Start with the last time that you saw Meredith.”

“Again?”

“Again.”

But they went slower this time.

“What did you do between 7 and 8 p.m.?” they asked. “What about between 8 and 9?”

“I don’t know the exact times,” said Knox. “But I know the general series of events. I checked my e-mail, I read a book, we watched a film, we ate dinner….”

More officers kept entering the room. An interpreter showed up. The tone sharpened.

“But Raffaele says that you left his house that night.”

“What? That’s not true. I was at his apartment all night.”

The interrogators became angry.

“Are you sure? Raffaele said you left his house.”

“I didn’t.”

“If that’s a lie, we can throw you in jail for 30 years.”

“I’m not lying.”

“Who are you trying to protect? Who were you with? Who was it? Who was it?”

This bit went on for hours.

There was now chaos in the room. The Italians were shouting at her, arguing with one another, calling out suggestions.

“Maybe she really can’t remember.”

“Maybe she’s a stupid liar.”

“You’re either an incredibly stupid liar,” said Knox’s translator, who was sitting right beside her, “or you’re someone who can’t remember what you know and what you did.” The translator, changing tactics, explained that she had once been in a gruesome car accident in which she broke her leg. The event was so traumatic that she suffered amnesia.

“Amanda,” said the translator, “this is what happened to you. You need to try to retrieve those memories. We’ll help you.”

Knox, ever-credulous, started to ask herself what she might have forgotten.

“C’mon,” said the interrogators. “You were going to meet Patrick that night.” “Remember. Remember. Remember.”

“We know it was him.”

Knox shook her head.

“Remember.”

Boom — someone slapped her on the back of the head.

So Nathaniel Rich includes the false claim that Knox was slapped on the back of the head. All the witnesses who were present when she was questioned, including her interpreter, testified under oath at trial in 2009 that Amanda Knox was NOT hit even once.

Even Amanda Knox’s lawyer, Luciano Ghirga, confirmed that Amanda Knox had not been hit: “There were pressures from the police, but we never said she was hit.”  He never ever lodged an official complaint.

Nathaniel Rich should have pointed out that Knox claimed this hitting only long after, when she was trying to explain why she had framed Patrick Lumumba. He should not have repeated it as if it were incontrovertible truth.

And he should have pointed out that both Amanda Knox herself and both her parents are enmeshed in separate trials for doing that. 




Above: Rolling Stone aggravates defamation - this tweet was sent March 2013

Claim 5: Amanda Knox finally broke down and accused Diya Lumumba of murder at 5.45am

Wrong. Nathaniel Rich clearly does not know the chronology of events at the police station on 5 November 2007. His false claim that Knox finally broke down at 5.45am gives the impression that she had been subjected to a continuous all-night interrogation.

In fact Amanda Knox very rapidly “broke down” and claimed that Lumumba was “bad” and had murdered Meredith when she was still only a witness, not a suspect, and was told Sollecito had pulled the rug from under her alibi. She signed a statement at 1.45am, not at 5.45am, when she repeated the claim voluntarily. (She also repeated it later that same day in writing.)

Amanda Knox’s questioning was stopped at 1.45am when she became a suspect. She wasn’t actively questioned again that evening. However, several hours later she decided to make an unsolicited spontaneous declaration. Mignini was called at 3.30am and he observed her declaration. Knox makes it explicit in her witness statement that she was making her statement spontaneously:

“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.” (Amanda Knox’s 5.45am witness statement).

Claim 6:  The knife was selected at random by a detective from Sollecito’s kitchen drawer

Wrong. Nathaniel Rich regurgitates another prevalent Knox-cult myth with his claim that the double DNA knife was selected purely at random. However, the person who actually selected the knife, Armando Finzi, testified in court that he chose the knife because it was the only one compatible with the wound as it had been described to him.

“It was the first knife I saw,” he said. When pressed on cross-examination, 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. (Seattle PI,



Claim 7: The confession, in violation of Italian police policy, was not recorded

Wrong. Another Knox cult myth. The police weren’t required to record Amanda Knox’s interrogation on 5 November 2007 because she was being questioned as a witness and not as a suspect. Mignini explained that Amanda Knox was being questioned as a witness in his letter to reporter Linda Byron:

“In the same 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.”

She came in to the central police station voluntarily and unasked that night when Sollecito was summoned for questioning, and police merely asked her if she could also be questioned as a witness. She did not have to agree, but she did. No recording of witnesses is required, either in Italy or the United States.


Claim 8: Amanda Knox refused to leave Perugia

Wrong. This Knox cult myth is actually contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she said she was not allowed to leave.

“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 reported the following conversation.

” 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’” (The Massei report, page 37).





Above: Rolling Stone aggravates defamation - this tweet was sent September 2013

Claim 9: Mignini suggested that the victim had been slaughtered during a satanic ritual

Wrong. Another Knox cult myth. He did no such thing. Mignini has never claimed that Meredith was slaughtered during a satanic or sacrificial ritual, and that’s the reason why neither Nathaniel Rich - or anybody else for that matter - has been able to provide a verbatim quote from Mignini.

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:

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.

In fact Mignini has zero history of originating satanic-sect claims despite Doug Preston’s shrill claims. The notion of a secret satanic sect in Florence goes way back into history and many had declared the Monster of Florence murders satanic because of the nature of the mutilation long before Mignini assumed a (minor) role.


Claim 10: Mignini referred to Knox as a sex-and-drug-crazed “she-devil”

Wrong. Another laughable wrong fact. 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 referred to Knox as a she-devil in some detail in Angel Face: 

“Who is the real Amanda Knox?” he asks, pounding his fist in the table. “Is she the one we see before us here, all angelic? Or is really a she-devil focused on sex, drugs, and alcohol, living life on the edge?”

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



Conclusion

Nathaniel Rich has published a sloppy callous error-ridden piece of pure propaganda straight out of the Knox cult handbook, complete with a gushy fawning reference to Amanda Knox in the title.

The piece includes an inflammatory mischaracterization of the extreme caution of the Italian justice system and the various officials working on the case.

There is no mention at all of the never-ending nightmare of Meredith’s family or the fact that she is NEVER coming back. Rich doesn’t seem to have the requisite emotional intelligence or reporter skills to realise that he may have been duped and used by the money-grubbers and killer-groupies of the Knox-cult campaign.


Wednesday, June 22, 2011

Our Call To Editors Of London Magazine To Check Facts Before Propagating Crazy Nigel Scott Theories

Posted by Kermit



[Above: Lib-Dem Haringey Town Councillor Nigel Scott, the writer of Liberator’s conspiracy theory piece]

Liberator Magazine
24 Alexandra Grove
London   N4 2LF

Attn: the Editors

Dear Sirs,

Before you accept an article concerning a far away murder investigation and trial (well, Italy is farther away than the Channel Islands), you should ensure that your writers,

1) have correct facts, and

2) are not being used by a foreign lobby which has basically stated that it will try to force an extra-judicial solution to said trial.

I have read the version of Nigel Scott’s Liberator article as is reproduced on a conspiracy theory website

I have no idea what brought Scott to become interested in this case, nor who briefed him on the content of his article, but he breezily and frivolously brushes over the very wide and heavy set of evidence against American Amanda Knox in the murder of her English roommate Meredith Kercher in Perugia, Italy, in 2007 (Scott doesn’t hide very well the fact that his article has little to do with Kercher’s murder, and much to do with the defence of convicted murderer - pending appeal - Knox).

When Scott says, “When Knox, who was by then locked out of her flat because it was a murder scene, bought clean knickers, this was interpreted as casual disregard for her dead friend”, well that’s not the whole truth. Knox was joking with her boyfriend in the policestation, hugging and kissing him, and also performing cartwheels there. While she has not been convicted for showing “casual disregard” for her roommate, if you are looking to talk about Knox’s casual disregard for her dead friend, it would be better to cite the best examples.

Scott says, “When police learned that Knox’s mother was on her way to Italy to support her, they arranged an all night interrogation session to break the pair”. This is absolutely not true. Only Knox’s boyfriend was invited to the policestation on 5 November 2007, not Knox. She voluntarily accompanied him and was in a public waiting room. Shortly after he admitted that Knox’s alibi did not coincide with his, police interviewed her since she was there, and she soon admitted (not in an overnight interrogation session) that she indeed had been at the scene of the crime.

Scott says (repeating well-known pro-Knox talking points): “Mysteriously, they (the 5-11-2007 interviews) were not recorded, although they seem to be the only interviews that were not recorded during the whole case.”  In fact, I believe that no witness interviews were recorded of any of this case’s witnesses. As soon as Knox and her boyfriend incriminated themselves and they turned from witnesses into suspects, the 5-11-2007 interviews were stopped due to their lack of legal representation. I believe that all suspect interviews were recorded from then onwards (the few that occurred .... both Knox and Sollecito quickly invoked their rights as suspects to not respond to questioning during the investigation).

Scott continues by deriding the DNA evidence. Contrary to what Scott writes in your magazine, the bra clasp contains abundant DNA of Knox’s boyfriend Sollecito. No special testing procedures were required to detect that. The “Double DNA Knife” which contains both the victim’s and Knox’s DNA did require special procedures, and independent specialists are currently reexamining the knife. Until they return their report, there is no reason to sell the idea that LCN DNA evidence - which is used in other jurisdictions - is inacceptable.

Pro-Knox writers have slimed prosecutor Giulano Mignini, not questioning his legal processes, but describing him as “mentally unstable” and other such personal accusations. When as a citizen (not in his role as a prosecutor) he has tried to defend his honour, the pro-Knox lobby seems to have arranged for the US-based “Committee to Protect Journalists” to write to the Italian authorities criticising the fact the Mignini defends himself.

Scott writes about “the real murderer”, Rudy Guede, as if Guede was a person totally unrelated to Knox and Sollecito. The same investigation and the same body of evidence which convicted Guede in his trial (he opted for the fast-track version, instead of participating with Knox and Sollecito in the long trial), is the body of evidence which convicted the two lovers. Although Scott holds up US private detective Paul Ciolino as some sort of holder of truth, even as Ciolino announced on CBS in the USA that Amanda Knox had never met Guede and didn’t know him (which for some time was the “official” Knox media posture), Knox was admitting in the courtroom what was already widely known to followers of this case: that she knew Guede, had smoked drugs with him and been to a party with him in the flat below hers.

The unsubstantiated accusations and garbage that Scott writes continues, mostly following the pro-Knox camp’s exact template to blow fog over this case.

Knox and Sollecito (together with co-accused Guede) were all found guilty of murder and sexual assault. Knox and Sollecito are in the middle of their mult-level appeals. Knox’s Italian lawyers have apologised for the vilifying noise which comes from the American lobby and which they state hurts her (it should be said that probably most Americans don’t care about this case, or if they have followed it, many believe that Knox is guilty). The only reason that the American people around her continue to partake in this campaign must be because they know the purely legal strategy is lost and an extrajudicial solution must be sought (i.e., the intervention of the State Department). Not-so-independent Paul Ciolino stated as much at a recent pro-Knox event in Seattle. Another explanation are the growing commercial profits arising from this case as pro-Knox personalities write books and sell screen rights. Either way, it’s sad that a magazine with a political vocation such as Liberator gets associated with such antics.

Scott writes: “The Kercher family employed their own prosecutor, as is permitted in Italy, who has joined in cross examinations and also briefed the media.”  It is indeed dreadful when a representative of the British public such as Nigel Scott suggests in Liberator that a berieving London family, the Kerchers, should refrain from representing themselves as a private party to this case as is their right, given that it was their daughter and sister who was brutally murdered. What has come over this man? Does he want the Kerchers to just go away and get over their grief?

Most importantly, does the editorial board of The Liberator want to be associated with the sort of gibberish that Scott repeats from the “Friends of Amanda” US-based lobby group?

I wish you well with your magazine. I hope that you are able to find the right sort of content in the future for the readership you really care about. I hope you do get concerned about your magazine being referred to on the “injusticeinperugia.blogspot.com” site and being associated with a text-book case of media manipulation (do a google search on: marriott “amanda knox” “paid media”

... Gogerty Marriott is the US marketing company running the Knox PR campaign. In fact, on their website, Gogerty Marriott use the Amanda Knox campaign as commercial example of their services).

Please, get worried. Please feel free to contact me with any issue concerning this email.

I remain, yours sincerely,

Kermit

Posted on 06/22/11 at 11:10 AM by KermitClick here & then top left for all my posts;
Right-column links: Hoaxes against Italy4 No firm DNA hoaxHoaxes Knox & team16 Interrogation hoaxHoaxers from 2007More hoaxersNews media & moviesTerrible reporting
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Sunday, June 19, 2011

The Massei Sentencing Report For Knox And Sollecito: Part 1 Of A Summary In 4 Parts

Posted by Skeptical Bystander




Why This Long Summary

The full Massei Report can be found here.

The wiki page controversy surrounding the murder of Meredith Kercher rages on in a tiny corner of the online universe, here is our own contribution to the debate.

It is a 4-part summary of the Massei report, the document that sets forth and explains the Court’s reasons for unanimously convicting Amanda Knox and Raffaele Sollecito for their role in the murder of Meredith Kercher, Knox’s roommate, after a long, thorough and fair trial.

Click here for more


The Massei Sentencing Report For Knox And Sollecito: Part 4 Of A Summary In 4 Parts

Posted by Skeptical Bystander





The full Massei Report can be found here. Continuing on with our summary:

9. Conclusions reached by the court

The court concluded that Amanda Knox and Raffaele Sollecito had colluded with the main protagonist, Rudy Guede, in murdering Meredith Kercher and that this was in the context of a sexual assault.[390-393]

The evidence that Guede was involved in the murder included his bloody handprint found on a pillow in Meredith’s room, and his DNA found on a vaginal swab taken from Meredith, as well as on the cuff of Meredith’s sweatshirt and on a strap of her bra and on her purse. Further biological traces of Guede were found on the toilet paper in the larger bathroom. His bloody footprints were found in the corridor leading out from Meredith’s room to the front door of the apartment. All this evidence pointed to Guede having been in the apartment, crossing the living room to the larger bathroom (where he used but did not flush the toilet), passing back through the living room and the corridor to Meredith’s room, where he committed the murder, then exiting directly along the corridor and through the front door.[43-44]

The court next considered whether Guede had entered the apartment through the broken window in Romanelli’s room.[45] The defense had argued that Guede had previously been found uninvited inside a Milan nursery school and had been in possession of items stolen from a Perugia law office which had been burgled by someone who broke a window with a rock. He had also been identified as the person who had broken into a house and threatened the occupant with a knife. The court noted this evidence but also highlighted some marked differences from the current case, and also the fact that there was no direct evidence that linked Guede to the law office burglary. In addition, the court made a detailed analysis of the evidence of the ‘break-in’ and concluded from many pieces of evidence (see section 8) that the ‘break-in’ had been staged and that no-one had entered the house through the broken window. In fact, the conclusion drawn by the court from this staging was that it had been done in order to throw suspicion onto a supposed intruder who did not have a key to the front door.[46-55]

The court next considered whether Guede might himself have staged the break-in, which might have happened if Meredith had let him in through the front door and he intended to throw suspicion onto a supposed burglar. The court rejected this hypothesis: if Guede was alone in the apartment, following the murder, it is improbable that he would have stayed longer than necessary, faking a break-in, when the other occupants, who would recognise him, might return at any moment. Further doubt is cast on this scenario by the fact that some aspects of the ‘break-in’ are superficially similar to other crimes associated with Guede, so might lead investigators directly to him. Finally, the court doubted that Meredith, alone in the apartment, would have let Guede, whom she barely knew, in through the front door, let alone waited in her own bedroom while he used the bathroom.

The conclusion of the court was that Guede was let into the apartment by somebody, other than Meredith, who had a key to the door and that the ‘break in’ was likewise staged by someone who had a door key. Laura Mezzetti was away from Perugia on the night of the murder and Filomena Romanelli was staying elsewhere, at a birthday party. This left Amanda Knox who had a key to the front door and lacked an alibi for the time of the murder. She, according to the court, was the only person who could have let Guede into the apartment and who also would have a motive for staging the ‘break-in’ to simulate the forced entry of an intruder.[56-58]

The court noted the ‘intense’ relationship between Knox and Sollecito, and the fact that they were both using drugs.[365] After Patrick Lumumba sent Knox a text, shortly after 8 pm on November 1, 2007, telling her that there was no need for her to go to work that evening, the pair of them were free of any commitment that evening. By 9:15pm they had eaten dinner and washed up (as witnessed by Sollecito’s father’s earlier phone call), turned off their mobile phones and made no further use of Sollecito’s computer. The court’s conclusion was that this point, they both left Sollecito’s apartment and were seen by the witness Curatolo, several times, around the Piazza Grimana.[359]

Guede already knew Knox and was attracted to her. The court believed that around 11pm, on the night of the murder, Knox, accompanied by Sollecito, let Guede into her apartment, possibly having first met him in the nearby square.[361] The reason for Guede’s visit to the apartment could not be known for certain: perhaps he was going to spend the night there as had happened on another occasion, although in the downstairs apartment; perhaps to hang out with Amanda and Raffaele for a while and to use the bathroom; maybe he had come to look for his friends in the downstairs apartment, and finding them absent, called on the upstairs apartment.[363] What is certain is that Guede used the toilet in the larger bathroom.[364]

Meredith had arrived home, alone, earlier in the evening and was most likely reading or studying in her own bedroom. The court found it probable that, having used the bathroom, Guede went into Meredith’s room, intent on making sexual advances, which were rebuffed. It was probably at this point that Knox and Sollecito joined Guede.[365-366]

The court concluded from the presence of Guede’s DNA in her body, that Meredith’s attack involved a sexual assault: the evidence that it was not consensual sex was deduced from other specific injuries as well as the obvious violence. Based on factors such as Meredith’s strength and physical fitness, and the way she had been undressed, they believed that she was the victim of multiple attackers.[369-372]

Based on the forensic evidence, the court believed a sequence of events in which Meredith refused to accept an invitation of an erotic-sexual nature and was then grasped by the neck by her assailants, for the purpose of intimidating her. When this intimidation was unsuccessful, it led to an escalation of violence, which involved the small stab wound to the neck.[164]

It is likely that it was at this point that Meredith’s trousers and underwear were removed by her assailants and that she was sexually assaulted. Her top was lifted up and rolled up towards her neck and there was an attempt to unfasten her bra which, despite her resistance, was eventually cut off. A pillow was placed under Meredith to allow further sexual activity: from Guede’s bloody hand print on the pillow, it was deduced that Meredith was already bleeding at this point. Part of the bra, including the clasp which bore Sollecito’s DNA, was found under the pillow, which indicates that this was cut off before the pillow was placed.[164-165]

It was, the court believed, around this time that Meredith screamed loudly, as confirmed by the evidence of Nara Capezzali and Antonella Monacchia, which placed the time around 23:30 pm. The response of the assailants was the compression of the upper airways, by pressing a hand over Meredith’s mouth and nose, and then inflicting the deep knife wound to the right side of the neck. Their conclusion was that death occurred a few minutes later, and was caused by asphyxia resulting from the major neck wound from which there was bleeding into the airways, impeding respiratory activity. This was exacerbated by the severing of the hyoid bone – also attributed to the knife wounds.[165]

In the court’s opinion, the initial attempt had not been to kill Meredith, but there was “a crescendo of violence” in which the assailants simply accepted the risk of death, constructively transforming their initial non-homicidal intent into a pro-homicidal intent characterised by reckless malice.[171]






Regarding the murder weapon, the court found it difficult to accept that the wounds of various sizes were all made by the same assailant and the same knife. Their conclusion was that the smaller wounds were made with a pocket knife that has never been identified, but the largest (and fatal) wound was made with the knife which was subsequently recovered from a drawer in Sollecto’s house and which bore traces of Meredith’s DNA on its blade and Knox’s on the handle (the “double DNA knife” discussed in section 7.1).

The court believed that, following the murder, the murderers went into the smaller bathroom to wash off some of the blood as witnessed by the traces of blood found there. They rejected the possibility that these were older traces, left from some previous incident, as Knox had testified that that bathroom was clean when she left on the afternoon of November 1.[278] In the process of cleaning themselves, the murderers must have touched the door and the light switch, leaving a dribble of blood on the former and stains on the latter.[281] The bloody footprint on the bathmat (which matched the size of Sollecito’s foot), indicates that whoever went into this bathroom was barefoot, and must also have been barefoot in Meredith’s room.[279] While in the bathroom, it was deemed likely that the murderers scrubbed their hands, thus leaving mixed traces of Meredith’s blood and their own DNA in the sink and the bidet.[279] The court noted that the traces found in the small bathroom not only tested positive for blood, but also included a mixture of Knox’s and Meredith’s DNA. They concluded it was Knox who, on the night of the murder, had washed off Meredith’s blood in the sink and in the bidet.[280]

The court considered the traces shown up by Luminol tests in Romanelli’s room, Knox’s room and the corridor. Luminol tests positive for blood but can give false positive readings for other substances, including fruit juice, rust and bleach. Other tests for blood were applied to the same traces and proved negative, but were noted to be less sensitive than Luminol. The court considered the alternative interpretations of the Luminol results: it found it improbable that the traces were caused by such things as fruit juice or rust - particularly as there was no explanation for why such substances would be in all three locations. The possibility of bleach having been spread through the three rooms was more feasible, but in that case, the court wondered why it would not appear elsewhere in the apartment. Also there was no evidence (smell for example) that bleach had been used.

Furthermore, the traces contained biological material, although it could not be proved to be blood. Considering all the possibilities, and the fact that there were copious amounts of blood at the murder scene, the court believed that the Luminol traces were indeed blood. They noted that the traces tested positive for Knox’s DNA and, in two cases, also included Meredith’s DNA. Their conclusion was that Knox had washed her bare feet in the bathroom, but some residue of Meredith’s blood had remained on the soles, and she had then walked into her own room, into Romanelli’s room and passed through the corridor, leaving the traces which were discovered.[281-286]

The conclusion of the court was that Guede had left immediately, but Sollecito had then brought in a big stone from the surrounding area and he and Knox had broken the window in Romanelli’s room with it and attempted to fake a break-in. They had gone back into Meredith’s room, covered her body with a duvet, then locked her door.[381] The court believed that the murderers took Meredith’s mobile phones, left the apartment and dumped the phones in a nearby garden. This must have happened before about half past midnight, as can be deduced by the phone records.[383] Knox and Sollecito returned to his apartment where he made a very brief (4 second) use of his computer at about 1am.

Contrary to the statements of Knox and Sollecito, his computer was in use for half an hour from about 5:30am the following morning, and he turned on his mobile phone at about 6am. The court believed that Knox and Sollecito returned to the murder scene that morning, with Knox perhaps having bought cleaning materials from Quintavalle’s shop at about 07:45.[384] There was evidence that cleaning had taken place: for instance the bath mat marked with a bloody footprint could only have been reached by taking steps that should also have left other footprints. None were found, so the logical conclusion is that they had been cleaned up. Even the drip of blood left on the internal edge of the bathroom door was said to seem like the remainder of a much larger trace.[384]

In conclusion, the court stated that all of the elements put together, and considered singularly, create a comprehensive and complete framework without gaps or incongruities and lead to the inevitable and directly consequential attribution of the crimes to both the accused.[388]


Sunday, April 24, 2011

Why The FOA’s Increasingly Hapless Steve Moore Should Probably Stay Well Away From TV

Posted by SomeAlibi

 

Steve Moore’s presentation in the recent Case for Innocence forum in Seattle to a small bunch of undergrads and other parties left me nearly speechless. 

I consider that the number of errors in Moore’s presentation were so numerous that it was quite astonishing that this was the work of a man who claims he has been involved on this case for a year and who claims he has professional experience in law enforcement. 

A big statement but it’s not one that’s hard to justify.  Steve Moore will be our principal witness.  He will repeat for you, if you watch the above youtube video, at least six absolute howlers of misstatement, misunderstanding and exaggeration and many other medium sized ones.

Worst of all of these, he states a core aspect of the prosecution case (proof of the staged break-in at the cottage due to broken glass being on-top of clothes that had already been tossed on the floor) completely upside down. 180 degrees wrong and back to front… and he does it repeatedly in a way that makes it impossible to conclude anything else than he doesn’t actually understand central and important points of evidence against the person he would seek to help.  For a law enforcement or legal professional, that is a serious issue.

Let’s begin:

Steve opens by asserting he has been involved with sticking away nine people to a sentence of life without parole. Crassly, and I think he thinks it is humorous, he states that “two of them have completed that sentence” (think about it - he means they are dead and is seeking to have a laugh about it) “..and seven remain in prison.” He is met with not a single titter. Steve gets really crass by having another go at the same joke: “Actually the other two remain in prison too, they’re just not aware of it.” Deafening silence.

Remember Steve is the guy who positioned a bible, an ammo clip and a mortgage statement behind him in interview (seriously) and whose wife Michelle likes to remind people he’s a sniper? All part of the tough-god-fearing-guy image.  The dead-convicts thing is part of the same swagger. I’m really impressed myself. How about you?

In passing, shall we reflect that if you’ve been in the FBI for nearly 25 years and were a “supervisor”, nine sentences of life without parole is really rather surprisingly low?

At 41:20 of the YouTube clip, we start to see an old line used before: “Just prior to the conviction my wife said ‘I’ve seen some things that concern me’”. Steve goes on to say that he said to Michelle “I will prove within a day that she’s guilty” but that this turned into two months of investigation where he concluded “she” *(Amanda) was not. Three issues with this:

  • I don’t know a single law enforcement professional or lawyer who would ever say to you that they could prove someone was guilty or not guilty in a single day review of a capital crime case. It’s just not feasible and anyone who does this for a living knows this. The hyperbole is off the charts, as per usual.

  • Steve’s story about Michelle’s challenge and the “one day” proof doesn’t match anything he wrote on the Injustice in Perugia website where instead he said “But then I began to hear statements from the press that contradicted known facts” which led him to investigate.  Which one is it?  A one day challenge or a gradual accumulation of knowledge and investigation? 

  • In fact, as we know, Michelle herself let slip that the Moores were “approached” by Bruce Fisher, a pseudonym for the person who runs Injustice In Perugia, and when this was pointed out on PMF.org that it flatly contradicted the previously announced statement (a wifely challenge to a husband with no prior contact), that same day, she deleted her entire “Michellesings” blog from the web – all of it – to remove what she had said in what bore a remarkable resemblance to a panicked action.

It was further underlined when Michelle subsequently re-created her blog with just a single letter difference in the title.  That give away on the internet undermines the whole story of how Steve Moore, from LA, got involved in this case which he has told many times (in various versions admittedly) in public. 

At 43:22 Moore makes a baseless overstatement – “[Rudy Guede] was a known burglar who had 5 to 6 burglaries in the last month”. We have to stop the clock here and be very serious: this is an exaggeration which neither I nor anyone I know who has a good handling of the facts of this case has ever stated.  It was once stated by a Daily Mail journalist many moons ago, the same Daily Mail the Friends of Amanda revile for other articles but *it never made it into evidence* because of course it wasn’t true.  And by this time, in 2011, one needs to know the *evidence* not repeat baseless conjecture because it supports “your” case.  Please reflect for a second…

Guede is accused of being in a school without permission for which the police didn’t even bother to prosecute, so it wasn’t a burglary. Bzzt. We all know he handled a stolen laptop but there was no suggestion of a burglary related to it, as much as one can see the hypothesis.

We know that another witness said someone like Guede was in his house but he was discounted as unreliable.  I am a vociferous critic of Guede but one cannot take a law enforcement professional seriously who massively inflates evidence. “5 or 6 burglaries in a month”? NO-ONE in the case, in the official body of evidence, has ever suggested that.

Such a suggestion from a law enforcement professional is hugely undermining if it can’t be proven, and it can’t.  Nor has it been ever suggested by Amanda or Raffaele’s own legal counsel. If this was stated in court without proof (and, again, there is none), we would all rightly expect that to destroy the credibility of that law enforcement professional. Baseless assertion is a serious issue.

Moore then suggests that Meredith came home after Guede broke in. Sounds prima facie reasonable, but again, anyone who knows the evidence and is familiar with the scene knows that the green outer shutters were open and the gate and the walk up the drive faced that window. And Meredith didn’t see the broken-into window? Oh really? 

Rudy Guede, a burglar standing directly in front of an open window apparently half-pulled one shutter to, but left the other open three open and himself clearly visible from the drive when “tossing” Filomena’s bedroom - without taking anything? Then how about Amanda Knox, walking in day-light up to the house the next morning who claims she didn’t see the open shutters. 

It is over one hundred feet from the gate to that window, and on the 2nd of November, the shutters were open on the left as we look in and marginally more shut on the right.  This is consistent with the police statements at the time and it is trite to say, no, they haven’t been opened by the police. 

The left hand one (right as Massei relates from a direction of looking *out* from the house) is “half-closed in the sense that fully open is with it pushed against the outside wall.  The right hand one as you can see is marginally more shut. 

Can you really imagine a burglar who has climbed up to the shutters to open them, then climbed down and gone up to the drive to find a rock, then climbed down under the window and up again before miraculously getting in without a scratch, nick or spot of DNA would turn round inside and partially close the right hand shutter but not close the left hand one?  It makes literally no-sense.

Amanda Knox asks you believe that as she walked 100+ feet up the drive she didn’t notice it either.  That’s the first time.  The second time she returned to the cottage she was already “panicked” about the open door, the evidence of blood and unknown faeces and was returning to the cottage.  And she walked up the hundred feet again and didn’t notice… again.  Nor did Raffaele who was so concerned he suggested they return notice?

I suggest to you there’s more than enough reason Amanda has her hand to her face looking at the open shutters in this picture taken on 2nd November!  (Please note, this image has IBERPress logo on it.  I am linking it on another website, not created by us, which is publicly available and presumably asserts fair-use, but all rights are acknowledged by this site).

You’d leave that open as a burglar would you, facing the gate and the road?  Total nonsense.  And no, again, it hasn’t been moved.

Steve then suggests, in contravention of every banking security protocol I’ve ever heard of, that Guede, while having just murdered someone and held two towels to her neck in panic at that, then completely relaxed and phoned Meredith’s bank with her own mobile phone to try to get an ATM number *while still in the cottage* based on the mobile cell records.

Have you ever heard of a bank that will give you your pin number over the phone without substantial cross-checking of private passwords / other information that Guede couldn’t possibly know about Meredith?  Moore also neglects to mention that Rudy would also have to have phoned Meredith’s voicemail two minutes before, something the call records show.

The reason for this suggestion is that Steve is trying to support the defence case for a time of death for Meredith that is incompatible with Amanda Knox and Raffaele Sollecito’s involvement. Steve neglects to mention that Amanda and Raffaele tried to establish an alibi for a time of *11pm* for their dinner at Raffaele’s flat which was destroyed by Raffaele’s own father who stated that Raffaele mentioned matters relating to having completed dinner at around 8.30pm.  No-one at this panel talk ever heard of *that*...

Steve and others suggest Amanda and Raffaele dated for 2 weeks. The only people who disagree with this are Amanda and Raffaele’s team, who state one week. Ho hum.  Not really important.  Just sloppy.

Steve suggests that what the prosecution alleged in the trial was that Amanda and Raffaele “Decided for the first time that they are going to do a threesome” with Rudy Guede. Again, anyone with the slightest knowledge of this case knows the prosecution never alleged this “threesome”.  They alleged a sexually aggravated murder of Meredith Kercher.  A threesome? Where does Moore get this stuff from?

Again, totally undermining of his credibility. How many black marks are we up to? I’ve lost count. To be fair, Paul Ciolino the P.I. who has worked on the case and belongs to the FOA started covering his mouth during Steve’s presentation.  In body language terms, that’s not terribly supportive… 

On this topic of the threesome he’s invented in his head that no-one else mentioned, Steve states: “They decide to choose a burglar whom they don’t know real well – they’ve only met once. Raffaele had only met him that day. Raffaele said ‘that’s a great idea, lets bring this guy who is a burglar whom I don’t know and he can have sex with my girlfriend’”.

Rather inauspicious logic, Steve. If they didn’t know him, they would not have known he was a burglar? Yet you transplant those words into the mouth of a fictional Raffaele Sollecito to make a cheap, but ultimately beautifully self-defeating, point. Amanda, of course, says she met Rudy many times in passing, as did Rudy about Amanda. I’m very interested that Steve also stated “Raffaele had only met him that day” because of course Raffaele and Amanda never admitted that. Where does that come from? Please tell…. Bzzt, bzzt, bzzt.

Moore then states that the prosecution case is that “Rudy goes in first and then Meredith screams. Then Amanda comes in and sides with the rapist.” Again, anyone with a perfunctory knowledge of this case knows that is not the prosecution case. This is hugely undermining because once again he is misinforming a public gathering on the case presented against Knox.

You can disagree with the case against Knox, but actually fundamentally misstating it?  At this point, with so many marks on the board, I started asking myself… how is it possible that he doesn’t know all this? 

And that question I still don’t have an answer to. 

But it gets worse…

Now we get to one of the most egregious sections of the whole presentation and misleading of the audience: concerning the blood spattered apartment, Moore makes a major case that Perugian police released the picture of the vividly pink Phenolphthalein stained bathroom as being the *blood* stained bathroom where Amanda Knox showered.

Please watch the video and see how nakedly this is suggested. He juxtaposes the picture of the sink as it was on November the 2nd with the post-phenolphthalein shot and says that the prosecution alleged “that’s what Amanda saw, that’s it.. that’s what was really there. That’s when you start saying ‘oh my god’. Knowing that the jurors are not sequestered… they released this and said ‘that’s blood’”.

Here’s how Moore presented it:


The fact that the ACTUAL pictures of the scene *he himself uses on the left* were in the core evidence bundle in front of the jury as prime exhibits as any lawyer or serious law professional should immediately appreciate is ignored. It must be ignored because of course otherwise no-one could come up with such a patently incoherent line of logic. I’m losing count of the pieces of lack of knowledge and logic by now. How about you? 

Re the staged break in – “one of the most incredible lies I have ever seen in a court-room outside of Iran.” Have you been involved in an Iranian court proceedings Steve? No. Mo(o)re hyperbole.

Next, a baffling and possibly funny line of reasoning if the matter wasn’t so serious. Moore proceeds to state that it was “very obvious the stone was thrown from outside and busted the shutter open.” So far so normal as an FOA meme – no issue. Except he then goes on to state more than once “The Perugian police said that a rock was thrown inside the house [to] outside the house.”

Huh? To “outside the house”? Are you perchance suggesting that the prosecution were saying the rock was thrown from “inside to outside” the house, then they went down and recovered it and replaced it in the bedroom where it was found and photographed which you would have seen if you had a sound knowledge of the case? Because no-one else has ever said that ever Steve! Not once! Huh? Outside the house? My head hurts. Does anyone have any pills?

Then Steve makes a point of highlighting some embedded glass in the wooden frame of the interior shutter as evidence of a rock thrown from the outside-in, when, again, it is blindingly obvious to anyone that the broken window could have been actioned from inside with exactly the same result. He’s so carried away with himself that he doesn’t even notice. It’s not that unsurprising I guess because he hasn’t noticed the legion other mistakes he’s made so far.

Next statement “Anyone who thinks the rock was thrown from inside out is either an idiot or lying”. It’s simply not logical Steve; as anyone can see it would have been possible to smash the window from inside, whether you actually agree that happened or not. Again, baseless exaggeration. You don’t have to agree but stop with the hyperbole!

56 minutes in we get to a huge howler where Moore completely misstates the prosecution case on the staged break-in and doesn’t appear to have even thought about it enough to see the obvious logical hole in what he is about to say.  In my original notes to this talk I jotted down “Amazing and astounding – doesn’t understand the clothes / glass point:”.

Moore says:

They [the prosecution] say that the reason they know that this was staged is because when they got there, there was clothes on top of the glass, the broken glass in the room. Well you’d think that the glass would be on top of everything wouldn’t you? Unless a burglar came in and started throwing things on the floor after the glass was broken. If you look on the bed you’ll see a purse. You’ll see the contents of the purse all over the floor, all over the bed. You will see that he went through her clothes hamper there, her clothes cabinet there, threw everything on the floor. That is why there are clothes on top of the glass. Why is that so hard?

Steve, you’ve stated this 180 degrees completely wrong.  The prosecution case is that both the police and Filomena, Amanda’s flatmate, stated there was glass on top of clothes which had been apparently tossed by a burglar (not vice versa) and on top of a laptop that was closed but which had previously been open.  The point is that it shows that the room was ransacked and *then* the glass was broken, proving the staging of the burglary. 

In any court of law I have seen, if you can show a supposedly authoritative witness, who shall we not forget has been on this case for a *year*, has such a bad handle on the evidence, you can get a jury laughing and that witness completely discounted.  This is, in my opinion, what Moore did to himself somewhat prior to this point, but by the end of this point, absolutely comprehensively.  How is it possible to misunderstand the case so clearly?  Ciolino and Waterbury both look very uncomfortable at this point.

Next point: a pearly Steve quote: “When is a murder weapon not a murder weapon? When the Perugian police say it is.”

Uhhh… think about it…. That’s not actually what you meant to say, is it? What you meant is “When is a non-murder weapon, a murder weapon? When the Perugian police say it is”. Given Steve’s penchant for getting things upside down and arse-backwards, perhaps we should not be surprised, but call me a stickler for suggesting people get their arguments right.  Steve compounds this 180-degree misstatement in the Q&A session by stating that the defence will try and throw a million things against the wall in the appeal and see if something will stick.  The defence?  Like those representing Amanda Knox, Steve?  Huh?  With the glass, the “murder weapon” and “defence” points, Moore appears to not be able to listen to what he himself is saying.  It’s just… bizarre…

Steve then makes a big point about the Raffaele cooking knife being the wrong shape for the mark on the bedsheet without mentioning the fact that two knives were posited in the case. Nice and misleading. Still not representing the basics of the case to those assembled.

As we approach the end of this car-crash, Moore makes a big point that “they say Amanda was in front of her and stabbed her like this”. He then mimics a vertical stabbing motion and makes a distinction of the lateral cut compared to vertical method of attack. But no-one ever said this definitively in court and Massei clearly states the blood spurts on the wardrobe (i.e. facing away from the attackers) are from the neck injury. Mo(o)re fabrication. How many is it now?

There is a chuckle-worthy moment where Moore uses the different exposures of pictures of the bra-clasp on the original investigation versus that taken on December 16th as clear evidence of “contamination”. A 2 second glance shows this is an exposure issue unsubstantiated by other pictures which again are in front of the jury.

Unsurprisingly, he then goes on to make the standard declaration that the gathering of the bra-clasp with Raffaele Sollecito’s DNA on it on December 16th “delay” as “apparently not important” to the prosecution.  He neglects to mention that it was a sealed crime scene where the passage of time can have no effect on the forensic value of evidence *if no-one is within the sealed crime-scene*.  He also neglects to mention the delay was due in substantial part to the requirement to invite the defence to attend…

To finish, a damp whimper after these major trumpetings of lack of knowledge and/or understanding: a statement about a pillow under Meredith’s body: “Guess what they found on there – semen and the police refused to test it”. It has been suggested but without testing, we obviously can’t know it’s semen. Again, serious legal professionals don’t make absolute statements like this about unproven evidence.

Amanda Knox is incarcerated for 26 years.  As someone who has been involved in many defences of individuals charged with serious criminal matters, it is unacceptable to me that people willing to hold themselves out as prominent supporters of an imprisoned person who have experience in the law or law enforcement show that they don’t know, appreciate, or are able to process core aspects of the case against that person.

In my opinion, this performance was inexcusably weak and must raise serious questions about the judgement of those seeking to help Amanda.  Would you want this sort of standard of knowledge held out as adequate, as representing a member of your core Home team?  I sincerely hope not.  Only the lack of knowledge of the case and the partisan support in the room stopped Moore from being extremely badly shown up in the Q&A session. 

There’s a meme in the supporters of Amanda camp that says that pro-prosecution commentators cost Moore his job at Pepperdine.  It’s nonsense. Moore got himself removed before most of us had ever heard of him.

Neither I nor anyone else I am aware of ever wrote to his *former* employer before he was fired.  Nor did I write to them afterwards either because I considered they had a simple case against him and he’d like it if we were involved. Once I did write that I wanted to take down Steve Moore, by which I meant stop him posting misleading statements about the Meredith Kercher case using his career as credentials. 

But following this performance at the Case for Innocence forum, in my opinion, it is quite evident that Steve Moore has done it comprehensively and totally to himself.


Wednesday, April 06, 2011

The Seattle University Panel: Some Of The Ways In Which Steve Moore Got His Analysis Wrong

Posted by James Raper


I have watched the clip of Steve Moore’s address at the University of Seattle seminar.

1.  Scenario of the crime

Steve Moore starts with the assertion that it is obvious what happened. Guede broke in via Filomena’s window and went to the loo.

Meredith comes home and is attacked, raped and murdered by him. Naturally he did not show a photo of Filomena’s window from outside the cottage. I wonder why?

Meredith came home at 9.30pm. She died some time after 11pm. Steve Moore does not elaborate as to what Guede was doing all the time in between. He sat on the loo for a long time and/or the sexual attack went on for a long time?  Both unlikely hypotheses.

2.  Concerning bleach

Then Steve Moore turns to what he states is “The Lie over the Bleach Cleaner”.

Whether or not the police/prosecution ever said that they thought bleach cleaner had been used is not clear to me.  Whether or not they had, it was not something that they continued to insist on. No one smelt bleach at the cottage on the 2nd November.

In any event Steve Moore has his own argument (which, to be fair, I did follow) to demonstrate from the pictures of the luminol traces that there could have been no bleach used as a cleaning agent.

“No bleach, no clean up!” The fact that one can wipe away relatively recent blood/bodily fluids without bleach escaped him. 

Having established that there was no bleach used he explains the luminol glow as being due to ..yes.. bleach!

3.  The luminol footprints

Drawing on his claimed considerable FBI experience (yet to be validated by anybody) he asserts that luminol reacts to bleach as strongly as blood.

Experienced forensic experts say that they can often tell the difference because the strength of a reaction all depends on the concentration in bleach – bleach which was not used in a clean up and which no one detected by sense of smell.

He then goes on to say that bleach is commonly used as a household cleaner. Yes, the main constituent of bleach is chlorine or chloride, commonly used, diluted with other ingredients, in some household cleaning fluids, though of course bleach can be bought as bleach.

Steve Moore says that Amanda Knox took a shower on the morning of the 2nd November, standing in the shower basin in diluted bleach (very diluted after a shower, one would think) and then traced that around, accounting for the luminol glow.

You do not have to be terribly clever to see that if that was the case then the luminol glow would not be all that bright due to the dilution. One can see from the photos that the glow was in fact very bright.

One also has to wonder why straight from the shower she stepped in Meredith’s invisible blood (in fact she says she scooted from the bathroom to her room on the bathmat) without the diluted bleach degrading Meredith’s DNA.

4.  Concerning TMB tests

Steve Moore asserts that Stefanoni lied about TMB tests. TMB is tetramethylbenzadine and it is used to establish whether a detected trace is blood or not.

The reactive process is the same as with luminol which has to be used to detect a trace in the first place. It is to do with the peroxadase-like activity of heme. The results look different however, TMB produces a change of colour whilst luminol produces a glow in the dark.

Steve Moore was initially appalled to think that Stefanoni did not use the TMB test on the luminol revealed traces, but then it was discovered that she had and the results were negative as to blood.

Conclusion : she lied about the TMB tests. Why?  According to Steve Moore because she knew the luminol test did not reveal blood. And was trying to conceal this fact.

I would be surprised if Steve Moore has read the trial records.  What does Massei say?  All I can find are the following:

Stefanoni did say that she could not be positive that what the luminol revealed was blood. Here I think that she was speaking very carefully as a scientist and leaving others to their conclusions. 

I do not see that she was specifically asked about TMB tests re luminol so I cannot comment on that.

However Massei quotes Amanda Knox’s expert, Dr Gino, in the following terms :

With respect to the luminol positive traces found in Romanelli’s room, in Knox’s room and in the corridor, she (Gino) states that by analysing the SLA cards “we learn, in contradiction to what was presented in the technical report deposited by the Scientific police, and also to what was said in court, that not only was the luminol test performed on these traces, but also the generic process for the presence of blood, using tetramethylbenzadine .. and this test … gave a negative result.

On being asked as to why generic tests like luminol and TMB might produce different results:

She added that in her own experience, analyses performed with TMB on traces revealed by luminol give about even results : 50% negative, 50% positive.

I would have thought that Gino’s statement is statistically meaningless unless we assume that we are talking about blood traces revealed by luminol. 

So, in other words, the fact that the TMB tests were negative does not establish that the luminol-revealed trace was not blood.

From which I assume, since luminol and TMB have the same reactive process, that the prior luminol test takes precedence, be it that of course the trace might be vegetable or fruit juice, or bleach!- none of which, of course, are capable of producing a human DNA read out, whereas blood does.

Also I would have thought that if the reactive process is the same for both then the reactive process engendered by the luminol may not leave much for a subsequent TMB test – but then that’s just speculation.

I am no scientist, but then neither is Steve Moore really qualified to talk of the actual scientific process despite being in the FBI for 25 years ( he says). I think that the closest he gets to science is how to use an aerosol can.

5. Other claims

The following topics were also then discussed by Steve Moore : Bathroom photos, staged break in, murder weapon versus knife mark, and contamination. More of the same.

Posted on 04/06/11 at 08:51 PM by James RaperClick here & then top left for all my posts;
Right-column links: Hoaxes against Italy3 No evidence hoax4 No firm DNA hoaxHoaxes re Guede33 Sole attacker hoax34 Bad guy hoaxHoaxers from 2007Steve Moore
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