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 9 Mignini v Knox hoax

Monday, April 10, 2017

Interrogation Hoax: How The American Psychology Law Society Was Lied To By Kassin & Knox

Posted by Ergon



Knox and Kassin at the American Psychology Law Society Conference 2017

1. Post Overview

Serial misrepresenter of the Knox “interrogation” Saul Kassin has made yet another false claim, once again to a large audience.

This time it was to the American Psychology Law Society Conference in Seattle, Washington, March 16th-18th, and it suggests he simply cannot count.

2. Kassin Already Shown A Fraud

SIX prior posts correct numerous Kassin “mistakes”.

1. Claims Amanda Knox’s Confessions Resemble “False Confessions” Not Backed Up By Any Criminal Research

2. Saul Kassin: An Example Of How The Knox Campaign Is Misleading American Experts And Audiences

3. Correcting Saul Kassin’s Massively Inaccurate Description Of Amanda Knox’s So-Called Confession

4. Questions For Knox: Do You Really Think “False Memories” Claim Framing Italians Yet Again Will Help?

5. On Saul Kassin: Our Letter To Dr Douglas Starr Who Wrote An Effusive Profile In The “New Yorker”

6. How Saul Kassin Framed Many Fine Italian Justice Officials - And Then Played Victim When Corrected

3. Interrogation Already Shown A Hoax

EIGHTEEN prior posts on the Knox interrogation hoax describe what actually took place.

It is very important to understand that as the defenses conceded in court under the strict Italian legal definition of “interrogation” Knox was really only ever interrogated twice.

Both times this was by Dr Mignini (Dec 2007 and June 2009) and both times it was at Knox’s own request.

All of her other discussions with investigators early in November 2007 were merely “verbale di sommarie informazioni” or written-up discussion with a person with possible useful information. Notes exist in the record of all these discussions - none remotely coercive - and they were summarised by prosecution witnesses at trial.

See my quote below of the defense lawyers in Italian, where they use the correct Italian legal term. These written-up discussions with Knox carry precisely the same status as the “verbale di sommarie informazioni” with Sophie Purton and numerous others in the records of the case.

Accordingly I use “interrogation” a couple of times in quotes below in rebutting Kassin’s wrong claims.

4. The 45-50-55 Hours Hoax

Quoting Amanda Knox and Saul Kassin at the American Psychology Law Society Conference in Seattle in March 2017:

Kassin: “Knox was questioned for over 50 hours but none was recorded”.

Kassin: “I’ve never seen a case more steeped in misinformation than Amanda Knox’s”.

So, where did the magical 50 hourrs interrogation in 5 days that ‘inevitably lead to false confessions’ first appear?

Professor Kassin will not say, or provide background information to the crowded rooms of trainee law psychologists to which he and Amanda Knox have been repeating this claim.

So, here’s some vital background Kassin seems to have missed which spirals in to the truth.


1. Injustice in Perugia

Steve Moore: “In the five days after the murder of Meredith Kercher, Amanda Knox was interrogated by detectives for 43 hours.


2. CBS News-48 Hrs

Amanda’s focus was the appeal - and she soon had a world-renown ally.

“This case horrifies me. I’d like to say it shocks me. But I’ve seen others like it,” said psychologist and professor Saul Kassin, an expert on police interrogations.

On his own initiative, Kassin filed a report with the Italian (appeals) court on Amanda’s behalf. It outlines some of the psychological reasons why Amanda could have confessed to a murder she did not commit.

“Amanda Knox, like everybody, has a breaking point. She reached her breaking point,” he explained. “Eight or 10 or 12 police officials in a tag team-manner come in and interrogate her… Their goal is a confession and they’re not leaving that room without it.

Er no, there’s no record of any report by Kassin in the Hellmann court files, and Amanda Knox never released one either.

But regardless, Judge Hellmann ruled Knox should have known Patrick Lumumba was innocent and upheld her 3 year conviction for criminal defamation (calunnia) anyway.


3. American Psychologist/Innocence Project

From “Why Confessions Trump Innocence” by Saul M. Kassin, John Jay College of Criminal Justice, City University of New York, April 2012

Armed with a prejudgment of Knox’s guilt, several police officials interrogated the girl on and off for four days. Her final interrogation started on November 5 at 10 p.m. and lasted until November 6 at 6 a.m., during which time she was alone, without an attorney, tag-teamed by a dozen police, and did not break for food or sleep.


4. CNN Transcripts

CNN May 8, 2011

CURT KNOX, FATHER: Between the time that they actually found Meredith and when Amanda was arrested, there was roughly a 90-hour timeframe. And I’m ball parking the numbers there. During that time, Amanda was in the police station for questioning for—I believe it was 52 hours.

Now we’re getting a little closer to the truth. Knox was possibly at the police station for maybe 52 hours. But actually she wasn’t ‘interrogated’ for that long.

Then going back to when those figures first came out:


5. King 5 News

Amanda Knox’s family says confession coerced

By LINDA BYRON / KING 5 News

Posted on November 13, 2009 at 12:16 PM

She was just flat scared to be alone,” Curt said. “So she went down to the police station with him and they were split into two rooms and then they started going at them.

With physical and mental abuse for 14 hours. No food, water, no official interpreter.

Prosecutors say Amanda’s accounts swung wildly: She wasn’t at the cottage the night of the murder. She was there, but drunk in another room.

But her parents say she was coerced by police.

“(They said) you know, you’re never going to see your family again,” Curt said. “You’re going to jail for 30 years. You need to come up with something for us, you’re a liar. Come up with something for us. Envision something; throw something out there.”


6. Della Vedova/Ghirga appeal to Hellmann

There’s a summary of a defense analysis of the discussions here - note the “verbale di sommarie informazioni” which is NOT the Italian for “interrogation”.

(p.12) Amanda Knox è stata sottoposta ad esame ed attività investigative e tra il 2 e il 6 novembre 2007, fino al momento del fermo, ha fornito sommarie informazioni e risposto a domande della A.G. come segue:

2 novembre 2007, ore 15.30 VENERDI’: totale ore …………..12,00
Verbale di sommarie informazioni della Knox, senza indicazione della chiusura.
Testimoni fino alle 3.00 am del 3 novembre 2007

3 novembre 2007, ore 14.45 SABATO totale ore ………………8,00
Verbale di sommarie informazioni della Knox, senza indicazione della chiusura.
Testimoni indicano fino alle 22,00.

4 novembre 2007, ore 14.45 DOMENICA: totale ore ………….12,00
Verbale di sommarie informazioni della Knox, ed accesso alla villetta di Via
della Pergola dalle ore 14.45 alle ore 21. Telefonata di Amanda alla zia dice 5 ore
di interrogatorio in questura

5/6 novembre 2007, ore 01.45 LUNEDI’/MARTEDI’: totale ore …….5,00
Verbale di sommarie informazioni della Knox inizio alle ore 22.00 del 5
novembre 2009.

6 novembre 2007, ore 05.45 MARTEDI’: totale ore ……………….3,45
Verbale di “spontanee dichiarazioni” della Knox con successivo breve
memoriale. Dalle ore 1,45 alle 5,45 e memoriale alle ore 14,00.

In 5 giorni la Knox è stata sentita per un totale di circa 53,45 h.

Except, here above I count a total of 40.45 hrs, hmm, not all of which was spent being “interrogated”.

She was in the waiting room with the others, as confirmed by her own phone records, e-mails home, texts, etc. Not to forget headstands, cartwheels, yoga poses and general faffing around with Sollecito.

The defense realized their math was off so they included an additional 13.0 hrs. to the time of her memoriale though they counted their own figures twice, Lol. 

Keep in mind her attorneys never argued the time was unreasonable, only that the accusation should not be considered for the calunnia charge.

Their summary was only to show how long she had been ‘present for examination’ in that time she was at the Questura till her arrest. And even then, their figures were wrong..


7. From Rita Ficarra’s Testimony

Knox was let go by the evening of the first day so the 12 hours interrogation figure is incorrect. She also had an official interpreter by 12:30, was fed and allowed to rest in between, wasn’t slapped, and there were only two detectives present.


8. Case follower Soletrader4U analyzed her phone records and case files and came up with a more realistic figure of 17.45 hrs of actual “interrogation”.

5. My Conclusions

It looks like Kassin is still spinning his hoaxes. I invite Professor Kassin to correct his figures and explain how, according to his research, Amanda Knox could have produced a “False Confession” over the span of 17.45 hours of “interrogation” over 5 days?

[Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]



Saturday, November 12, 2016

Netflixhoax 17: Omitted - Too Many Pesky Truths, To Inflame False Notion Italian Justice Failed Here

Posted by Corpusvile



Inside Netflix’s Silicon Valley headquarters


Amanda Knox the Netflix documentary was directed and exec produced by two ardent Knox supporters, Rod Blackhurst and Stephen Robert Morse

They have been campaigning for Knox since 2011, which has included harassing real journalists who actually covered the case far more thoroughly than they did.

The movie opens with lingering almost gleeful close ups of the bloody crime scene and goes downhill from there. It begins by trying to shape a false narrative of handy villains who all seemingly came together like the stars aligning to make innocent Amanda look so screamingly, beyond a reasonable doubtingly guilty.

In the beginning, there were the cops. It was them who railroaded and coerced poor Amanda.

Then it was the nasty prosecutor, who the documentary falsely intimates took part in Knox’s trial and appeal, whereas he only took part in her trial and was one of several prosecutors. The documentary attempts to make out he’s some Sherlock Holmes fanboy nut job.

They also mistranslate him, by having him proclaim that only a female killer would cover a female victim, when he actually said that an “unknown” male killer - within the context of a supposed burglary gone wrong - would be unlikely to cover up a victim.

Then it was the ENFSI certified forensic specialist who Knox’s fan club labeled a “lab technician”. (Oddly, though, the same forensic specialist and prosecutor seemed to do a great job testifying against and prosecuting the black guy, and sogood work guys).

Then it was Meredith Kercher’s friends who conspired against The Railroaded One, then it was the innocent victim’s innocent family themselves who were “persecuting” sweet Amanda.

Now, courtesy of Netflix, the REAL villains were the tabloid media, specifically one tabloid hack, Cockney wideboy Nick Pisa, who comes across like I’d imagine Danny Dyer’s dad would come across as and is quite hilarious, albeit totally devoid of any scruples as any tabloid hack worth his/her salt would.

The media, the prosecutor, the witnesses, THEY were the ones who were responsible for poor Amanda’s woes (and not the 10,000 pages of behavioral, circumstantial and hard physical evidence against her which the documentary brushes over in a cursory manner.)

It makes out that Knox and Sollecito were in love after an alleged five day romance. I say “alleged” as Sollecito is rather inconsistent in this regard, variously claiming a fortnight, 10 days, to a week to now apparently five days. This is hammered home by shots of what I presume to be lovebirds, complete with feel-good treacle music.

Sollecito comes across as a smirking stoned weirdo, and Knox comes across as her usual creepy quasi psychopathic self, complete with crocodile tears and loud theatrical sighs.

Knox is also her usual inconsistent self and can’t seem to stop changing her story, whether it’s droning on that she and Meredith weren’t the best of friends (after droning on in other interviews that they were “dear friends”).

Or claiming that she only knew Guede to look at and had only seen him two or three times. This despite claiming that she only saw Guede for the first time ever in court (Dianne Sawyer interview) and claiming she never had contact with Guede, in her rambling eight page email to the Nencini appellate court before claiming - in a consecutive sentence no less - that she actually did have contact with him.

She proclaims it’s “impossible” for her DNA to be on the murder weapon, disregarding that it was a matter of established fact that her DNA is on the murder weapon with Meredith’s DNA on the blade.

The film makes out that Rudy Guede, the sole person convicted for Meredith Kercher’s murder, left his DNA all over the crime scene, with funky arrows pointing here, there, and everywhere. The problem is this simply isn’t true. Rudy Guede was convicted on less DNA evidence (five samples) than Amanda Knox (six samples).

The documentary also displays quasi racism, where trial and appellate courts can be rejected for innocent Amanda, but innuendo is sufficient for black guys, as Knox lies in the documentary that Guede is a known burglar.

The documentary happily facilitate this lie by obligingly showing a mugshot of Guede with the intimation that it’s a mugshot for burglary. The problem again is, this is simply untrue. Guede has no burglary convictions, and indeed was the only one out of the trio with no prior criminal record before Ms Kercher’s murder.

Knox and Sollecito both had minor run-ins with the law resulting in fines. Guede was never even charged with the burglary, and even the acquitting court decreed that the burglary was staged, as in staged in another flatmate’s room where Amanda Knox left her presumed blood DNA mixed with the murder victim’s and where no trace of Rudy Guede exists.

Knox also claims that no biological traces of her exist in one localized area of the crime scene, specifically Meredith’s bedroom, yet ignores that by such a rationale Guede couldn’t have committed the burglary.

Knox also claims that Guede acted alone, but no court decreed this, and she claims that he broke into her home when Meredith was present, neglecting to explain how Meredith never heard the 4 kilo rock hurling through Filomena Romanelli’s bedroom and why she obligingly did nothing while Guede shimmied 13 feet up a sheer wall TWICE.

The documentary, apparently not content with trying to match the record of most lies ever told in a single documentary before, then breezily attempts to surpass such a record, by introducing the film’s saviors, Stefano Conti and Carla Vechiotti, as “independent forensic DNA experts”.

Conti hypothesizes, like he did in court, that anything is possible. It’s like totally possible that contamination could have occurred, therefore it…  DID occur. Basically a hypothesis on the basis that “anything’s possible” supersedes actual submitted evidence.

Vechiotti not to be outdone promptly contradicts Conti by attacking Low Copy Number (LCN) DNA as a science. Basically he claims Meredith Kercher’s DNA profile on the murder weapon (found in Sollecito’s flat, causing him to lie in his diary as to how the DNA got there by claiming that Meredith had cut herself cooking while at his apartment; but Meredith had never visited Sollecito’s apartment) is so tiny that it should be discarded and ignored.

LCN DNA is however now accepted by courts of law worldwide, including in the State of New York USA. Vechiotti also admitted in court that it was Meredith’s profile, and that contamination couldn’t have occurred due to the six day delay between testing.

She does a u-turn on the documentary though, claiming that contamination was likely due to Meredith’s profile being LCN and so small, despite testifying the exact opposite where it mattered the most, in court.

Problem is, Conti makes the contamination hypothesis for the bra clasp, only Sollecito’s DNA found there isn’t LCN, it’s a 17 loci match, with a US court considering between 10-15 loci sufficient enough to be used as evidence.

The doc also fails to explain how his DNA ended up only on the tiny bra clasp in such abundance and nowhere else apart from a cigarette, but mixed with Knox’s. So, too small for the knife, and hey, anything’s possible for the bra clasp.

They also make a big thing about the bra clasp lying in a sealed crime scene for 46 days, yet don’t mention that two samples of DNA evidence used to convict Guede (Meredith’s sweatshirt and purse) also lay there for 46 days. I guess there’s different burdens of proof bars for black guys.

However again the problem is that all of this (yep, again) is simply untrue. Conti and Vechiotti are not experts in forensic DNA or ENFSI certified.

Carla Vechiotti is a pathologist. Her lab at Sapienza University was shut down due to atrocious hygiene practices including honest to God corpses being strewn about the halls, I kid you not.

Conti’s expertise is “computer medical science”...whatever that’s supposed to be. Nor are they independent. Conti and Vechiotti were found “Objectively biased” and “Objectively deceptive” in court by the Nencini appellate. Specifically because Vechiotti falsely claimed that the technology did not exist to re-test the murder weapon. It did indeed exist in 2011.

Vechiotti was also filmed by the BBC shaking hands with Sollecito’s father in court, no less, hardly appropriate behavior for so-called independents. Vechiotti has also been found guilty of criminal misconduct in a separate case, and was fined €150,000 for screwing up in yet another separate case, known as the Olgiatta murder.

You’ll notice in this review how I’ve rarely mentioned the victim Meredith Kercher. That’s because she barely gets a mention in this sad excuse for a documentary. Not even an RIP.

Meredith, the victim is relegated to a mere footnote and indeed a foot under a duvet.

The doc does use archive footage of her mother, Arline, and intimates that she herself is having doubts, whereas the Kerchers have made very clear on several occasions that they know who murdered their daughter.

Reprehensibly, the doc also displays close up autopsy photos of Meredith, yet the autopsy photos were never made public.

Considering only the Kerchers (who didn’t take part in Netflix’s PR makeover) and the defence - and by extension the two former defendants - had access to such material, this begs the very pertinent question: who provided two ardent Knox supporters with autopsy photos of the murder victim?

The filmmakers should be ashamed of themselves for this alone, utterly contemptible behavior which comes across as needlessly and despicably taunting the victim’s family, and at the very least exploiting their daughter and sister purely for lurid effect to make their documentary more “gritty”.

So what’s the verdict on Amanda Knox the documentary?

Well, it’s a terrible, false and ultimately immoral exercise in innocence fraud, and here are some more of the facts that Knox’s PR infomercial left out:

1 The Supreme Court’s acquitting report states that Amanda Knox was present during Meredith’s murder and may even have possibly washed the victim’s blood from her hands afterwards but it STILL can’t be proved that she did it, which begs more questions, namely why didn’t innocent Amanda call the cops for her friend and why wasn’t she charged as an accessory at least? (The same Supreme Court did not make the same allowance for the black guy though, had he washed the victim’s blood from his shoes for example.) The court also states that there’s “strong suspicion” that Sollecito was there.

2 The Supreme Court’s acquitting report states that the burglary was staged.

3 The Supreme Court’s acquitting report states that Meredith was murdered by three attackers and that Guede had two accomplices. (And you really don’t have to be Stephen Hawking to figure out who these two accomplices were, when you view the evidence in its totality)

4 The Supreme Court’s acquitting report states that Meredith’s murder was NOT due to a burglary gone wrong.

5 The Supreme Court’s acquitting nonetheless finalizes Knox’s calumny/criminal slander conviction, which she was handed for falsely accusing her innocent employer of rape and murder, leaving him in prison for two weeks, and never retracting her statement, despite false reports that she did, meaning that Knox’s status is still that of a convicted criminal felon.

6 In finalizing Amanda Knox’s calumny/criminal slander conviction, the Supreme Court’s acquitting report states that Knox blamed her boss to protect Rudy Guede as she was afraid that Guede could “retaliate by incriminating” her, which of course begs some more very interesting and pertinent questions, such as how could Guede incriminate innocent Amanda to begin with?

7 The Supreme Court’s acquitting report does NOT exonerate Knox, it acquits her due to “insufficient evidence”,like Casey Anthony, OJ Simpson and that nice man Robert Durst now back on trial.

The Truth is Out There, as a fictional 90s FBI agent who investigated strange stuff once mused. The truth in Meredith Kercher’s case is out there too, specifically in the Massei and Nencini court reports.

Never have I seen a case where such overwhelming evidence existed and where all the primary sources and court reports are fully available, only for such false reporting and fawning (and equally false accounts abound). It’s like the mainstream media have collectively turned into the robotic town of Stepford.

Yet the truth often has the strangest habit of coming to light, often when we least expect it to shine. I have hopes it’ll shine in Meredith’s case, in time. The supporter fanboy filmmakers are fooling nobody who is familiar with Meredith’s case, and neither are Amanda Knox or Raffaele Sollecito.

RIP Meredith Kercher, who along with her stoic dignified family (who have been subjected to absolutely abhorrent abuse and attacks by Knox’s supporters online) and Knox’s employer Patrick Lumumba are the only victims here.

May the truth shine in your case one day and the facts and truth come to light.


Tuesday, October 11, 2016

Netflixhoax 11: Omitted - How Italian Justice Is Misrepresented By Multiple Cherrypickings Of Facts

Posted by Swansea Jack


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



Quote: “The media is the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that’s power. Because they control the minds of the masses.”  Malcolm X

We live in a society where I believe I’m justified in saying a majority of people are easily swayed by the material they see on TV or read in the newspapers.

Recently I have witnessed a mass of new posters on Twitter and other social media forums who after watching the Amanda Knox Netflix documentary have formed a cast iron, unshakable opinion on the case.

It is clear after engaging with them very briefly that they frankly have very limited knowledge and understanding of the facts relating to the murder of Meredith Kercher.

I will credit the producers of the documentary Blackhurst and McGinn on what I consider to be a quite clever (but ever so sneaky) disguising of their absolute bias towards Amanda Knox which will not be evident to those who are not acquainted with the case.

They have obviously correctly banked on the ignorance of the majority of their audience.

I get the impression that Nick Pisa is used as a “filler” and a distraction. I come to this conclusion as I feel the producers would be hard pushed to make a 90 minute documentary, favourable to Knox, while addressing the real facts of the case without getting themselves into serious legal trouble.

I also know from first-hand experience that it is a long-term strategy of Knox and her little band of PR hate-mongers to vilify others, in order to distract attention away from the real villains.

It is my impression that the intended main target for vilification was Perugian Prosecutor Giuliano Mignini.

But try as they might, even with their selective editing, they could not produce enough material to achieve their goal due to Mignini’s humility and integrity.

For me personally the documentary raised a few questions which I will share with you.

We have Knox herself stating words to the effect of “either i am a psychopath, a Wolf in sheep’s clothing or I am you” Well she certainly isn’t me or anyone else, she is her, so is this an involuntary but frank admission?

The documentary shows a clip of Diane Sawyer’s interview with Knox in which Amanda is asked “Were you there that night?” She replies “No” but nods yes.

It is my opinion that Knox gets a real power kick out of the notoriety afforded to her and revels in the “Did I or didn’t I” mystery.

She then goes from being the wolf in sheep’s clothing to being a “Warrior Princess like Xena”. An ultimate and powerful fantasy figure.

Knox maintains that she was at Sollecito’s address at 110 Corso Garibaldi watching Amelie at the time of Meredith’s murder.

Not even Raffaele supports this version of events.

It begs the question why Blackhurst and McGinn have omitted the fact that Marasca and Bruno who acquitted the pair state in their motivation report “her (Knox) presence inside the house, the location of the murder, is a proven fact in the trial.”

The acquitting Judges go on to explain their reasoning that Knox was the first person to offer a sexual motive before there was any cadaver or autopsy reports available.

They also make mention of Amanda’s description of “the victim’s terrible scream” which was confirmed some time later by witnesses Nara Capezzali, Antonella Monacchia and others.

How could a person who wasn’t present know these details of the crime?

Knox goes on to describe an idyllic evening, smoking pot and making love, yet makes no mention of who was listening to music on Sollecito’s computer at 05:32 in the morning, a time when both Knox and Sollecito claim to be blissfully sleeping.

Knox can’t comprehend why there is a knife with her DNA on the handle and Meredith’s DNA on the blade.

There is no mention in the documentary of Amanda’s recorded prison conversation with her parents in which she says “I am very worried about this thing with the knife, because there is a knife of Raffaele’s” (*Reference Massei report page 292.)

Neither do they address Sollecito’s claim that the reason Meredith’s DNA is on the blade is because he “accidentally pricked her while cooking.”

He later admitted this was a total fabrication, Meredith had never attended his home.

Knox claims that she accused Diya Lumumba after long hours of questioning. Yet we know that due to the time recorded on her signed voluntary statement that she had fabricated a story swapping Guede for Lumumba in under 2 hours.

She only did so upon learning Sollecito was no longer supporting her alibi.

There is no mention in the documentary that Amanda had provided Diya Lumumba’s name to Rita Ficarra in a list of persons of interest prior to learning Raffaele was not corroborating her version of events.

There is no mention of the sample of Knox’s blood recovered from the faucet of the bathroom she shared with Meredith which Amanda herself dated in her court testimony to the night of Meredith’s murder.

There is no mention of the mixed DNA sample of Knox and Meredith, recovered from a luminol revealed bloodstain in Filomena Romanelli’s room. This is where the alleged point of entry for the burglary occurred. It is worth noting there is no biological trace of Rudy Guede in this room.

Addressing the bra clasp, the Netflix documentary fails to address the fact that the only other sample of Sollecito’s DNA identified in Via Della Pergola 7 was on a cigarette butt in an ashtray in the kitchen. This was a mixed sample containing Raffaele and Amanda’s DNA.

The documentary emphasises the farcical views of the so called “independent experts” Stefano Conti and Carla Vecchiotti. It fails to mention that Vecchiotti confirmed that contamination at Dr Patrizia Stefanoni’s laboratory was not possible if there was a six day gap in the testing of materials during cross questioning at the Hellmann appeal hearing.

    PROSECUTOR COMODI: “Is six days a sufficient interval to rule out contamination?”

    CARLA VECCHIOTTI: “Yes absolutely”

Neither do they address Conti’s explanation (or lack of) as to how and why Sollecito’s DNA was located on the hook of Meredith’s bra clasp

    PROSECUTOR COMODI: “How would Sollecito’s DNA accidentally arrive on the hook of Meredith’s bra?”

    STEFANO CONTI: “Anything is possible”

During his input in the documentary Conti implies that DNA is easily transferable, he gives an example of running his fingers along his arm and magically shedding DNA.

If this is the case I would like to pose a few of questions to him.

1, Why is the only other sample of Sollecito’s DNA located on a cigarette butt in the kitchen?

2, Why is there no genetic trace of Guede in the small bathroom or in Filomena Romanelli’s room?

3, Can you provide a figure for the statistical probability of Sollecito’s solitary sample of DNA (other than the mixed trace on the cigarette butt) innocently finding it’s way on to Meredith’s bra clasp?

Blackhurst and McGinn predictably make use of Rudy Guede’s Skype conversation with Giacomo Bendetti in which he states Knox wasn’t there, yet do not address the letter Guede wrote to his lawyers in which he refers to “a horrible murder of a splendid, beautiful girl that was Meredith by Raffaele Sollecito and Amanda Knox”

Why have the documentary makers chosen to ignore so very many facts?


Saturday, October 08, 2016

Netflixhoax 10: Omitted - How Amanda Knox Falsely Accused Dr Mignini Of A Felony

Posted by Peter Quennell


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


1. The 2009 Trial Verdict Was Exactly Right

The 2009 prosecution phase was as perfect as any Italian prosecution heard in court. 

This phase from January to June was fast and implacable, about as forceful as a high-speed train. Amidst so much that damned, days of largely unchallenged police testimony for example proved that Knox framed Patrick only because Sollecito sold her out.

Nothing else. He said she had made him lie, and never wanted to see her again, and he and Knox never got back to one narrative theme.

Knox on the witness stand in June was a wince-making disaster - this tough sarcastic rather thuggish girl claiming “the cops were meanies to fragile little me” did not exactly ring true.

The defense lawyers never ever recovered from that and we expected at least two to simply walk off. Late in the trial Sollecito lawyer Maori sarcastically said Knox had been high on cocaine (we believe that is true) as barb after barb was exchanged.

Remember that the Massei court was the only one to see all of the massive evidence.  That included days and days of autopsy-related evidence in closed court with both the perps being closely observed throughout.

And that jury got the verdict and sentence exactly right. Knox and Sollecito should indeed be serving their time as in the US or UK they would. 

So. Why did the two ever get released? Simple. Gaming of the Italian justice system to produce two bent appeals.

The 2011 appeal court was bent when the defenses got the Umbria region’s top criminal judge blatantly forced aside in favor of a semi-senile business judge absolutely at sea on the law.  Additionally his “independent” DNA experts were cherry-picked for him.

The 2015 Supreme Court was bent by way of known mafia connections and of the blatant breaking of Italian appeal law. Italian law enforcement never talks about mafia investigations before some bad guys are locked up, but one day the whole story should be widely known. We know much of it now.

2. Thirty PR Hoaxes To Make You Ignore The Above

Check out the 30 PR Hoaxes in our right column, or better still, wait a few days, and we will open a new page summarizing each hoax. What the Netflix hoaxers have done is to pick up a few of those hoaxes, and run with them in a mocking, sneering tone.

Hence the mocking, sneering tone of many ill-researched movie reviews.

The best way to annihilate the Netflix slant is to fully comprehend each hoax they used. One major hoax is that the synthetic Knox you see now is the real-life Knox around the time of the crime and at trial through 2009.

We can show that back then Amanda Knox was a loose cannon - and widely seen as such.

Another major hoax Amanda Knox herself advances in the film is that she was yelled at and abused by cops on 5-6 November 2007 over a long time. And so, desperate, she fingered as the real killer Patrick Lumumba.

Believe her? We address this question to Knox herself about the “interrogation” as described in her book six years later. Let us see if her response (if any) makes her look like someone you can blindly trust.

We will also post more later to destroy the interrogation hoax.

3. Question For Knox About Her “Interrogation”

Here is how you describe in BOTH editions of your book (2013 and 2015) a supposed interrogation by Prosecutor Mignini at your first (witness) interview. Below the quote, we describe what everyone else present says took place.

[This is the voluntary witness interview.] Eventually they told me the pubblico ministero would be coming in.

I didn’t know this translated as prosecutor, or that this was the magistrate that Rita Ficarra had been referring to a few days earlier when she said they’d have to wait to see what he said, to see if I could go to Germany.

I thought the “public minister” was the mayor or someone in a similarly high “public” position in the town and that somehow he would help me.

They said, “You need to talk to the pubblico ministero about what you remember.”

I told them, “I don’t feel like this is remembering. I’m really confused right now.” I even told them, “I don’t remember this. I can imagine this happening, and I’m not sure if it’s a memory or if I’m making this up, but this is what’s coming to mind and I don’t know. I just don’t know.”

They said, “Your memories will come back. It’s the truth. Just wait and your memories will come back.”

The pubblico ministero came in.

Before he started questioning me, I said, “Look, I’m really confused, and I don’t know what I’m remembering, and it doesn’t seem right.”

One of the other police officers said, “We’ll work through it.”

Despite the emotional sieve I’d just been squeezed through, it occurred to me that I was a witness and this was official testimony, that maybe I should have a lawyer. “Do I need a lawyer?” I asked.

He said, “No, no, that will only make it worse. It will make it seem like you don’t want to help us.”

It was a much more solemn, official affair than my earlier questioning had been, though the pubblico ministero was asking me the same questions as before: “What happened? What did you see?”

    I said, “I didn’t see anything.”

    “What do you mean you didn’t see anything? When did you meet him?”

    “I don’t know,” I said.

    “Where did you meet him?”

    “I think by the basketball court.” I had imagined the basketball court in Piazza Grimana, just across the street from the University for Foreigners.

    “I have an image of the basketball court in Piazza Grimana near my house.”

    “What was he wearing?”

    “I don’t know.”

    “Was he wearing a jacket?”

    “I think so.”

    “What color was it?”

    “I think it was brown.”

    “What did he do?”

    “I don’t know.”

    “What do you mean you don’t know?”

    “I’m confused!”

    “Are you scared of him?”

    “I guess.”

I felt as if I were almost in a trance. The pubblico ministero led me through the scenario, and I meekly agreed to his suggestions.

    “This is what happened, right? You met him?”

    “I guess so.”

    “Where did you meet?”

    “I don’t know. I guess at the basketball court.”

    “You went to the house?”

    “I guess so.”

    “Was Meredith in the house?”

    “I don’t remember.”

    “Did Patrick go in there?”

    “I don’t know, I guess so.”

    “Where were you?”

    “I don’t know. I guess in the kitchen.”

    “Did you hear Meredith screaming?”

    “I don’t know.”

    “How could you not hear Meredith screaming?”

    “I don’t know. Maybe I covered my ears. I don’t know, I don’t know if I’m just imagining this. I’m trying to remember, and you’re telling me I need to remember, but I don’t know. This doesn’t feel right.”

    He said, “No, remember. Remember what happened.”

    “I don’t know.”

At that moment, with the pubblico ministero raining questions down on me, I covered my ears so I could drown him out.

    He said, “Did you hear her scream?”

    I said, “I think so.”

My account was written up in Italian and he said, “This is what we wrote down. Sign it.”

So you choose to portray yourself as reluctant to talk at all? While Dr Mignini relentlessly edges you more and more into saddling Patrick with the blame? While you have no lawyer there?

In fact, as you well know, every word of that dialogue is made up. You invented it. Dr Mignini was not even there. Right then, he was home in bed.

Now we contrast this malicious figment of your imagination with the account of that night by many others who were present at various times. Even you yourself essentially agreed to this narrative at trial, with the one exception that the slaps to your head that several observed were by you were actually by someone else.

Feel free to tell us where we have got this wrong:

1. You insist on being around in the central police station despite being grumpy and tired while Sollecito helps investigators to check a few claims.

2. After a while an investigator, Rita Ficarra, politely invites you to help build a list of names of men who might have known Meredith or the house. She is somewhat reluctant as it was late and no interpreter was on hand. You quite eagerly begin. An interpreter is called from home. You calmly produce seven names and draw maps.

3. Sollecito breaks suddenly and unexpectedly early in his own recap/summary session when confronted with phone records which showed he had lied. He quickly points the finger at you as the one having made him lie. You are briefly told he is saying you went out.

4. You break explosively soon after when an outgoing text shows up on your phone after you had claimed you sent none. You slap your head. You yell words to the effect that Patrick is the one, he killed Meredith. Police did not even know of the existence of Patrick before you identified the text as to him.

5. Thereafter you talk your head off, explaining how you had overheard Patrick attack Meredith at your house. The three ladies present and one man do what they can to calm you down. But you insist on a written statement, implicating him, and stating you went out from Sollecito’s alone.

6. This from about 2:00 am is the state of play. You are taken to the bar for refreshments and helped to sleep. You testify at trial that you were given refreshments, and everybody treated you well.

7. As you had admitted being at the scene of a crime you had not reported, you had in effect admitted to a crime, so a legal Miranda-type caution is required saying the signee understands they should not talk without a lawyer, and if they do talk that can be used as evidence in court.

8. Dr Mignini, the on-call duty judge for that night, is by multiple account, including your own at trial, not present at that list-building session with Rita Ficarra, and in fact knows nothing about it until Rita Ficarra closes it down. He comes from home.

9. Dr Mignini reads you your rights. You now sign acknowledging you know you should not talk unless your lawyer is there. Dr Mignini asks you no questions. He is anxious to get the session over so he can get on to the task of pulling Patrick in. You yourself shrug off a lawyer and repeat your accusation and insist on a new written statement. Though you are again warned, you see it done.

10. Under Italian law that second statement could and should have been used against you, but the Supreme Court denied its use except against Patrick. Dr Mignini has said he thinks that was wrong in law but did not appeal.

Really a very simple chain of events, which was attested to at trial by all of those who had been present on the night, even including yourself.

There are no signs at all in anyone else’s description that you were leaned on by anybody, and nobody at the central police station had the slightest vested interest in making you into a target that night.

So where precisely does this new claim in your book and the Netfllix film of an illegal interrogation by Dr Mignini fit in? Now would seem a very good time to simply admit it is a hoax. Remember all courts saw it as such.


Wednesday, October 05, 2016

Netflixhoax 8: Omitted - Honest Picture Of Sleazy Production Team, Hard Facts That Challenge Them

Posted by Ergon


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



I saw the film at the Toronto International Film Festival. As a passionate lover of movies and documentaries, I respect the right of ANYONE to create a documentary or film through the prism of their own POV.

On the other hand, they owe us, the audience, a modicum of honesty in their reporting. Otherwise, as some one once complained about deceptive editing and reporting in one of Katie Couric’s documentaries, it prevents “democratic discourse” and this is what we ask.

By all means, engage with us, but do so honestly.

Having followed the case for many years as well as attending the earlier Supreme Court hearing in 2013 I can add the following:

  • Rudy Guede’s lawyer Valter Biscotti had a lot more to say about his client being convicted ‘in conjunction with others’. This was edited out, as well as the caption Knox put alongside her blog when she posed with a machine gun, “The Nazi Within”.  Something the media reported correctly at the time, McGinn and Blackhurst not.

  • The Producer Stephen Robert Morse hid his involvement in the project with Brian McGinn and Rod Blackhurst since 2011. They had ALL made inflammatory comments in favour of Amanda Knox over the years, with Morse hastily deleting some (but not all) as the Netflix sale came up.

  • He even called Nick Pisa “a piece of shit” in Perugia in 2011. It was the reputable Danish production company head Mette Heide that approached Mignini and Pisa, who didn’t know of Morse’s involvement, but that gives the background to this biased ‘documentary’ and why some may feel it is less than fair or balanced in its portrayal of the protagonists.

  • Mignini was referring to the Monster of Florence case when he talked of people coming up to shake his hand, the film makes it look like they were congratulating him for putting away Amanda Knox.

  • He was referring to it being an inside job when he said an “unknown” man (edited out to make him seem misogynistic) would not have covered Meredith with a blanket.

  • The film emphasized his Catholic beliefs to make it seem he was making a moralistic judgement about her. As he pointed out, the evidence was somewhat overwhelming. It also made it seem like his love of Sherlock Holmes was proof of him following a hunch. Um, that’s what investigators sometimes do, especially when faced with the numerous prevarications and failed alibis of Amanda Knox. Obscuring the evidence to match your narrative is dishonest to the extreme.

  • The ‘independent’ DNA experts Conti and Vecchiotti were given lots of room to claim contamination though that was never proved in court, only inferred. Also left out: Vecchiotti’s sentence for not maintaining sterile conditions in HER laboratory. Her switching a suspect’s DNA with another in one of Italy’s worst murder cases in order to falsely exonerate someone with ‘connections’. The tests had to be redone to obtain a conviction. As they make fun of Nick Pisa for ‘not fact-checking’, should they not have fact-checked before they placed her on camera?

  • The biggest laugh the Toronto audience gave was WITH Nick Pisa when he said “I mean, she’s (Knox) a complete and utter loon”.

  • This follows the Netflix template of creating reasonable doubt as it did with “The Making Of A Murder”. By over emphasizing the defense case, and ignoring the prosecution’s, it reads like propaganda.

  • This is neither fair nor balanced, nor is it original. It adds nothing to our knowledge, being a rehash of her book and numerous TV interviews, and already covered in Michael Winterbottom’s “The Face Of An Angel” in his fictionalized ‘the making of a movie within a movie’ adaptation of reporter Barbie Nadeau’s book. Oh, and producer Morse insulted HER too.

  • There were several prosecutors and numerous judges helped convict her, not just prosecutor Mignini. Nor was it an exercise in misogyny, the case was largely driven by five women: Judge Claudia Matteini, co-prosecutor Manuela Comodi, Scientific Police DNA lab technician Patrizia Stefanoni, homicide Inspector Monica Napoleoni, and Inspector Rita Ficarra.

  • This exercise in PR looks like an Amanda Knox Production, with her playing the lead role, director, producer and writer. Yet she fails to see how she comes across with her melodramatic styling and emotive pauses and outbursts. She is neither believable nor sympathetic, no matter how hard they all try.

  • Two stars out of ten for production values and slick cinematography, none for the film itself.

In the end, the picture belongs to Meredith Kercher, remembered by her family with a grieving Arline Kercher, her mother saying how she just could not understand how there could be two convictions and two acquittals; justice denied.

And a haunting video of Meredith, taken in the full bloom of her youthful promise by Amanda Knox. She didn’t want to be filmed, but as Knox admits in her book, she took the video anyway. (And included in her film).

Meredith Kercher, RIP.


Wednesday, September 28, 2016

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

Posted by The TJMK Main Posters



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

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


1. Wrong “facts” and numerous omissions

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

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

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

We shall be deconstructing the various wrong “facts”.

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

We shall be adding in the numerous omissions.

2. The report’s macro-level takeaways

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

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

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

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

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

(1) The REAL Dr Mignini

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

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

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

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

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

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

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


(2) Italy’s REAL justice system

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

President Giorgio Napolitano simply ignored both of them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

Subject of future posts. Check back shortly.


Tuesday, September 20, 2016

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

Posted by Peter Quennell



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

The Cynical Demonizing Of Dr Mignini

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

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

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

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

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

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

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

So they started to demonize Dr Mignini in her eyes.

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

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

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

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

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

False Charges And A False Verdict Against Dr Mignini Were ANNULLED

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

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

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

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

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

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

To the editor of Florence Corriere

Dear Director,

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

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

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

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

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

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

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

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

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

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

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

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

Kind regards

Giuliano Mignini

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

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

Dr Mignini Is Doing Just Fine

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

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


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


Thursday, September 15, 2016

Netflixhoax 3: Omitted - Dr Mignini Explains The Dirty Tricks The Dishonest Netflix Team Employed

Posted by The TJMK Main Posters


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


1. The Wider Context

Longtime Italy-berater Judy Bachrach is one of the first to view the Netflix movie Amanda Knox. Predictably, she raves about it.

At bottom here Dr Mignini explains the actual final judgment on Knox and Sollecito, and shoots huge holes in Bachrach’s claims.

Judy Bachrach resembles one of those wind-up parrots. She repeats about a dozen of the Knox-PR talking points like mantras again and again.

There are literally hundreds of evidence points on this and other sites that overwhelmingly point to Knox and Sollecito guilt. There is no other way to account for them all. That is why the 2009 trial was so decisive.

Try running those past Bahrach and she is quite certain to come up short of any other explanation. Even simply our two posts directly below this, providing a flavor of that, would leave her seriously stumped. 

She published her first very simplistic take on the case in 2008, months before trial when much evidence was not public and the myth-making Knox and Sollecito PR was ramping up. Then another simplistic take every several years since. She has also repeatedly found her way onto TV and perhaps a dozen simplistic YouTubes are one result.

At Guede, she really rants. Clearly in her eyes the nasty black guy did it, and did it all alone even though not one court, ever, ruled that.

She makes it routine to mischaracterize Dr Mignini, who she seems to think really had it in for the girl (she always forgets Sollecito) because of something to do with sex. And in her mind all of Italy has been fooled.

Our main poster Machine posted an analysis of nine of Bachrach’ wild claims way back in April 2010. They are highly worth reading, here. Machine’s overall conclusion on Bachrach was this.

We have been analyzing Judy Bachrach’s many, many articles and TV commentaries about the case, and they all seem to point to the following conclusions. 

  • That she hasn’t ever read the Micheli report and doesn’t seem to have actually ever mentioned it.

  • That she hasn’t had full access to the prosecution’s 10,000-plus pages file of evidence, and maybe she has had no access at all.

  • That she didn’t attend the key court sessions in which highly incriminating forensic and circumstantial evidence was presented.

  • That she hasn’t absorbed the numerous factual newspaper and magazine reports about the key forensic and circumstantial evidence.

  • That she seems to rely either a lot or totally on sources with vested interests who feed her wrong theories and false information.

  • And that she comes across to us as the reporter most often showing on US media outlets the most complete ignorance of the case.

Quite a track record. We wonder if she is really very proud of it. She seems to sound so.


2. Judy Bachrach’s Latest Crackpot Claims

Judy Bachrach was fast to start beating the drum about the Netflix flick. Almost the first reporter there. You can read her article here. She clearly loves the Netflix report.

That it leaves out about 95% of the key facts seems to be over her head.

In the article, she quotes her recollection of an interview Dr Mignini gave her years ago.  This was clearly a gotcha moment for her - suddenly it was crystal clear why Amanda Knox is being tried for the crimes. Sex! It seems over her head that officially there really were sex crimes; all three were charged with them.

It pays to understand four things.

(1) Not only did the Netflix flick get things wrong and leave myriad things out (how many, we shall soon know) but it appears to accept that innocence was proved and that Knox and Sollecito had zero role. That was not what the Supreme Court said. See Dr Mignini’s final damning paras below.

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

(3) Judy Bachrach’s crackpot inventions are not backed up by even one document, transcript or report. She really does parrot the Knox PR and uses inventions to fill in any gaps.

(4) There is a mafia angle, of which Bachrach could be part. Humiliating the forces of justice is what they like to do. We cannot go public until this officially starts to come out. Sollecito first drew attention to it, and law enforcement are on top of it.

3. Dr Mignini Corrects The Record At Length

We offered Dr Mignini this opportunity. He kindly came through. It is made pretty obvious that Bachrach was maliciously putting words in his mouth.  Dr Mignini spoke in Italian, and we translated, and he approved.

Dr Mignini speaks

I will share just some of my thoughts after reading the article in that magazine, which I would really prefer not to speak about. I mainly want to say that those statements which are put between quotation marks as attributed to me contained in that article? I never pronounced them.

I have never said – and anyone who knows me would understand (though this journalist Judy Bachrach doesn’t know me, doesn’t know me at all and I myself didn’t have the misfortune to know her) that I would never say, I’d never talk about, and I’d never mention, the morality or the immorality of a person as an argument within the explanation for a crime. Absolutely no way.

A crime is a violation of a law, an action that may be reprehensible or whatever you like, but it is an action regulated as provided by the penal code, subjected to penalty by the code, that needs to be ascertained, period. And that’s all. It needs to be ascertained following totally objective criteria. A crime is an objective action, a codified action. It has nothing to do with moral qualities, or allegations of moral qualities, or lack thereof, of an individuals.

The discussion in the article of Bachrach about those allegedly quoted statements about “morality” attributed to me, they are FALSE, I have simply never said them. And one cannot even say that they were a little changed, because I’ve never said anything even remotely like them. Those are statements of a kind that I would NEVER make.

Such is one statement reported in the article where I allegedly said “Amanda killed because motivated by a wish to be liked at any cost” – by the way, statements like those do not make any sense: the person who makes up such statements doesn’t realize she is saying things void of any meaning. 

The Italian Penal Procedure code (art. 220) prohibits that any research into the personality of a suspect could be used in court as evidence, such as the finding of a propensity of a suspect to commit crimes or similar argumentations. A proper research into the personality of a suspect is permitted only when there is a need to establish mental capabilities. On the other hand, some features of a suspect personality might be considered during investigations but only to understand the context of a crime.

When I happened to point at some features apparent in the personality of the suspects, I actually cited observations made by criminal psychiatrist Dr. Mastronardi who had given his opinion on the case. Aspects of personalities traits, showing features such as manipulative behaviours or a passive and dependent attitude – to mention some findings involving the suspects – were rather noted, highlighted or detailed not by the prosecution, but by the judges on various instances of the investigation and pre-trial hearings (Investigation Judge C. Matteini, Re-Examination Judge M. Ricciarelli, and Preliminary Judge P. Micheli).

[Editors note. These are the judges who really guided the case. Go to this post and scroll down and click through to posts #13 to #16. That includes the findings of the Supreme Court, which backed up the findings of Dr Matteini and Dr Ricciarelli’s panel. It also includes Dr Mignini’s interrogation of Knox, in which she in effect froze up; this was done at her own request though her lawyers were none too thrilled - they feared she would bomb out, and she did.]

As for the “motive” on this case. It should be pointed out that in a case like the murder of Meredith Kercher – the murder of a young student girl who was uninvolved in dangerous circles and had no enemies – independently from the identity of the perpetrators, we are talking about a crime that cannot have have a “motive” with a rational or consistent logical structure, nor could it be ascribed to a particular conscious and organized intention.

We may talk about causes that could have contributed to leading to a situation that ended in committing the crime. Among the factors we know that unbalanced personalities, life or emotional disorganization of perpetrators, behavioral excesses, inabilities to handle relations, psychological fragilities, are elements that always contribute to this kind of crimes, and we had reasons to believe that drugs also played a role.

The task of the judiciaries is not really to set out the motives of the individuals from a subjective point of view. We know that unfortunately a record of cases exists, in which apparent “ordinary” looking young people – including students – have committed very violent murders, in contexts where no “motive” could be explained in a way that appears rational or serious from an objective point of view, since futile crimes - including group murders - may emerge from the building up of situations involving individuals not able to handle issues of adult life.

Thus, all statements within quotation marks as reported in the article by Bachrach are false, I’d say absolutely false: they are the product of a making-up or a spin (I reserve for myself any necessary action in the event there is also a defamatory report) or reported without their context or with their context changed (like falsely reporting the dates, such as when I mentioned the time when some Perugian citizens used to compliment me).

I was stunned by one statement by the end of the article, that says – in which I am reported to have said – that “if they were innocent, they should forget”. That is a statement which I said on request of one of the two interviewers, who asked “what would you say to those young persons in the event that they were actually innocent?”. So what could I say, what should I answer to a question framed and spun in such a way? I might say: “it’s an experience that unfortunately happened to you, something that may happen, try to forget, seek all legal ways” – but I was saying that in the abstract, purely in the abstract – “that you think you can follow if you deem that you suffered an injustice” – albeit the Cassazione ruling is in the dubitative formula (Art. 530 § 2. cpp).

But then the Vanityfair journalist does not report my *second* statement, that is, the other one I said just following: “And what about if they are guilty? If they were guilty I’d suggest them to remind that our human life ends as trial that has an irreversible sentence, that will last forever”. My answer was made of two statements, not of one. Both were rhetorical and hypothetical. The last statement was the one I thought would have unleashed criticism, but curiously it’s the one missing in the article, there is no comment about it.

Another thing: it is true that people in Perugia happened to come to shake my hand and compliment me, but that happened much later, around 2013 and later, and those people basically complimented me about the Narducci case. It was somehow satisfying because it came after many years of difficulties and attacks. The Perugian people expressed their support to me because of the Narducci case, and secondarily they also expressed their support because of my independency in facing the international media campaign that was mounted against me after the Kercher case.

I don’t know if Vanityfair was the one which made up or spun my answers, falsely reporting them from the Netflix documentary, or if it was Netflix itself who made them up by editing the interview and disseminating content from a video prior to the premiere. I had a positive experience working with the documentary directors at the time. Not knowing what the journalist watched or made up, I will anyway reserve my decision as a consequence. I have to say, I am quite disconcerted about the way a certain American environment appears to think and keeps going on in a raving manner about this case.

One stunning aspect of this, is that the narrative they put forward, such as in the article we talk about, seems to be based on a focus on me, as if I were to become a kind of key character functional to their fictional story. I found this particularly strange since in reality the Kercher case investigation was actually based on the work of a number of judiciaries, all of them making decisions with a power that was equal, or greater than mine. So is how the Italian system works on these type of serious crimes.

The fact that even a second Public Minister was appointed almost from the beginning may suggest that we didn’t have personal investment: I asked Manuela Comodi – who has my equal rank, is not my deputy – to share the investigation and deal with the technical parts, such as the expert witnesses, since she is very good in this area. The other, multiple judiciaries involved beside us, all had greater powers, each of them could have stopped the investigation or changed its orientation and settings.

Therefore, a personalization of the case – as if I had some kind of special power – or a “polarization” of it – like a narrative that is woven between me and one of the suspects as main characters – that appears unrealistic to any person with a minimum of understanding of the system. Indeed if there are reporters who like to make up a story where a person with my name plays the role of a picturesque fictional character, motivated by “moral” or religious obsessions or else, all of this only shows an agenda pursued by those journalists that tells much more about them and about the type of campaign they are part of, than about the case. 

There is anyway one important element which, unfortunately, I know was left out from the documentary – partly because it was produced earlier than the publication of the Cassazione ruling – I know that something the documentary omits to mention, is the actual content of the latest ruling by the Fifth Panel of Cassazion. If we leave aside, for a moment, the several issues of consistency and law inherent in the ruling itself (those that may be spotted by those who read it with some knowledge of the topics), there is anyway the fact that the ruling confirms certain findings.

Some facts recognized as certain by the Cassazione, not reported in the documentary, are that it is anyway a “proven fact” that Amanda Knox was present at the scene of crime when crime was committed. The same ruling also points out how it is proven beyond doubt that Meredith Kercher was murdered by more than one person, and Rudy Guede certainly acted together with others. The fact that Amanda Knox was certainly there is emphasized by the Court to the point of noting their agreement with the lower Court on the fact that Ms. Knox heard Meredith’s harrowing scream, and even noted that she had the victim’s blood on her hands, that she washed them in order to clean them from Meredith’s blood.   

The High Court only raises a reasonable doubt about the active participation of Amanda Knox in the action of killing. The Court – in agreement with other definitive findings – also reminds that Ms. Knox voluntarily lied as she falsely accused an innocent, and notes that no way could this finding ever be overturned. All these things are missing in the documentary. I’d like all American friends to bear in mind these last bits of information as well, whenever they decide to seek information about the Kercher case.


Wednesday, September 14, 2016

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

Posted by The TJMK Main Posters



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


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

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

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

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

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





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

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

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

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

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

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

Posted on September 26, 2016 by pataz1

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

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

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

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

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

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

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

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

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

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

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

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


Sunday, September 04, 2016

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

Posted by Peter Quennell



Meredith on a Skype chat session


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

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

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

But nobody called one. Her death was quite deliberate.

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

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

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

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

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

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

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

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

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

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


Thursday, September 01, 2016

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

Posted by The Machine



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

1. Woffinden and innocence fraud

These days innocence fraud is a very real thing.

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

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

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

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

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

2. Woffinden On Meredith’s case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Some conclusions

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

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

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

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

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

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


Sunday, July 10, 2016

Italian Justice: Describing A Fine System And How To Improve It

Posted by Machiavelli (Yummi)

[Revered prosecutor Paolo Borsellino was assassinated 1992 with probable political connivance]

Trashing Of Justice System Gets Worse

Does this Reuters report capture Italian justice correctly?

We linked to it on 30 June and it seemed to have some key points missing. For example it omits, as English-language reports tend to:

    (1) that the system as originally designed strove above all to be fair,

    (2) that crime rates in Italy are low and murder rates lower and levels of incarceration and recidivism tiny by European standards.

    (3) that the police and justice system remain more popular and trusted than other institutions in Italy.

More On The Hard Facts

If we look at the facts, we could say that while it is true that Italian Justice System is somewhat dysfunctional as far as prosecuting white collar crimes and corruption - that is, politicians like Verdini - in fact if we read carefully, the precise reasons are:

    (1) It’s not the system itself but some of the laws, designed by politicians precisely in order to protect themselves, against the demands of the judiciaries;

    (2) The system is slow because, among other things, there are these unreasonable guarantees in favour of defence rights, which entail the right to series of appeals even on minor charges; besides making trials too long this also leads to a multiplication in the number of trials and of lawyers that embark on time-buying strategies and technicalities;

    (3) The main problems are the short statutes of limitations, which are designed in synergy with the aforementioned features. I would add another legal aspect:

    (4) The lack of an aggressive anti-corruption law; in Italy, judiciaries are basically prevented not only to effectively try corruption charges but also to even investigate them, because the law binds their hands; they are heavily restricted in their possibility to collect evidence, such as searching homes or wiretapping phone calls; they can do this only under certain limited conditions and only for just a few types of crimes.

    (5) Moreover, there are the political reasons: magistrates are under threat by the political system. The problem, here, is not the judiciary but the political system that has been trying to curb the independence of the judiciary for 25 years by various means, including laws and expedients, so that in fact there is an infiltration and an influence, as we know, and there is a chilling effect on magistrates that may have reasons to prosecute powerful people but naturally prefer to avoid problems.


A very important thing to point out: it is not true that all of the judicial system requires some big “reform” - in fact, it requires only modest reforms, and reforms not of the judiciary but to just to the criminal law, would suffice.

Such modifications should include reform of the statute of limitations, and better anti-corruption law that provide prosecutors with investigation tools.

As for the procedure code, a cut to the number of charges that can be appealed. And in the penal code, a cut to the number of irrelevant charges that need to be tried by criminal courts (which could be settled elsewhere) leading to the notorious overloading of the system.

One small, peripheral “reform” dealing with the political issue, could be simply a law that prevents judges from political activity in order to advance their career in the judiciary.

We saw the classical example of Fifth Chambers Judge Gennaro Marasca: a politician who came back working in the justice system after spending years exchanging political favours and getting involved in financial scandals as the minister of budget in his administration, and then was legally allowed to exploit his previous political career and make it count in his resume as if it was a judicial career, so he got onto the Supreme Court. 

But the big problem in Italy, as Judge Piercamillo Davigo has put it, is not the Judicial system. It’s society. The problem is that no system actually works if the members of the society do not intend to make it work, if there is a lack of political ethics.

And also, there is no system or group that, in the long run, is not affected by the problems of the society it belongs to. When there is a regime, part of the judiciary always follows suit, because they don’t have real alternatives, individuals must comply with the system they are part of.

If a society is politically corrupt, part of the judiciary will become politically corrupt as a consequence, they have no alternative and it’s unavoidable.  There is no law or reform itself that can change personal behaviours alone, we do not live under constant surveillance: an internalization of values is needed, the behaviour of citizens and people in power needs to be ethical, in order to have efficient justice.

As for the Five Star movement: I wouldn’t call it “pro-justice-reform”, as we can see, there is not really a political debate in Italy or in the Party about the need for any big reform, it’s attention to just some laws that are needed, among them that anti-corruption law.

The Five-Star movement has an anti-corruption stance and an anti-establishment stance. But rather than pro-reform, they are pro-justice, and generally pro-magistrates. This means they tend to side with the positions of judiciaries against the demands of the traditional political forces.

Judge Piercamillo Davigo is Director of Criminal Chambers II and the Penalties Joint Section at the Court of Cassation . Since April 2016 he has also been president of the National Magistrates Association (CSM).  He is an idol of the Five Star movement’s voters - albeit he does not have a political position.

On a practical level this could be seen as if the Five Star movement would like to see more criminals in jail and the prosecutors prosecuting more, while the Democrats and their allies and the other traditional parties would like the power of justice to be limited (they are the ones who designed the “inefficient” features of the system to their advantage, after all). 

Once again, the problems of inefficiency etc, in Italy does not come from the judicial system; they come from the political system. It’s the political system that has become inefficient, stuck and unstabile. There has been a lack of dynamic democracy for decades. Once the political establishment of Italy was related to mafia in many areas and there is still a murky system of power.

The “inefficiency” of the judicial system is only a mirror of this problem, that is the effect of the political establishment trying to take control of the system, or to block it or hinder it when control fails.

Both the political powers and organized crime have long also employed other methods when the previous failed, such as ad personam attacks against specific magistrates.

Former prosecutor Luigi De Magistris - the mayor of Naples - is an example of the political powers striking back against a magistrate who investigated them: they managed to ruin his career with the help of other complacent judges who waged war against him, and forced him out of the judiciary.

But they did not blow his popularity: the people supported him and he was elected mayor, antagonizing the national political powers.

It’s important to point out that what happened to Dr Mignini is exactly the same: he was prosecuted for alleged non-existent abuses because he disturbed powerful circles with “destabilizing” investigations into the Narducci case, then all charges were dropped, and the investigation proved illegitimate, but they managed to block the investigation on the Narducci case and hindered his career somewhat.

Other judges were less lucky: Paolo Borsellino for example was killed with the probable help of the Italian state. Many others died also.

Posted on 07/10/16 at 12:56 PM by Machiavelli (Yummi)Click here & then top left for all my posts;
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Friday, December 18, 2015

Knox Calunnia Trial #2: Judge Receives Arguments Of Prosecution And Knox; Verdict In New Year

Posted by The TJMK Main Posters



Court in session 7 September in Florence with Knox a no-show

1. Latest Development

We are informed that the final arguments to the judge by both sides have been submitted in writing.

We will summarise and/or fully translate them, hopefully next week. Next step is the verdict from Judge Boninsegna, which may come early in the New Year.

Below is a reposting of the background to this unusual case, and Machiavelli’s reports from the court on 7 September.

Such trials are very rare. Usually it is only organized crime figures that in the course of a trial impugn police and prosecutors who in Italy are much respected. Defendants rarely even get on the stand, and if they do so, they invariably follow the advice of defence counsel to not dig themselves in any deeper. 

In contrast, Knox pretty well went haywire. NOBODY in Italy has ever believed her. Not her own lawyers, nor multiple hearings & trial judges, or the skeptical media, or the watching population, or Hellmann & Zanetti, or even Marasca & Bruno…  Not even Curt Knox! He failed to turn up to give scheduled defense testimony that could have helped Amanda Knox last September.

Gee, thanks, Curt….

And she has left her own lawyers handicapped, as they had publicly counseled Knox to stop escalating her claims about illegal coercion at her “interrogation” on 5-6 November 2007.

Their filing probably needs to be especially careful to avoid their own liability. 

2. Background To Calunnia Trial

This trial focuses on the claims of Amanda Knox at trial in 2009. Charges for malicious claims in her book will fall to another court, probably also in Florence. Oggi is already on trial for republishing some of them.

There seems no parallel in US or UK legal history to this - to a defendant testifying prolifically for two days to crimes by investigators, in spite of even more days of prior testimony which all pointed the other way.

Seemingly under strong pressure from her own family Knox willingly took a huge legal risk which her own lawyers had warned her about again and again, sometimes publicly, over nearly two years.

They never ever lodged even one complaint. Nor did the US Embassy in Rome, which monitored all sessions in court, and often checked her out (as did Italian MP Rocco Girlanda) in prison at Capanne.

The Massei court and the watching audience in Italy (read here and here) bought none of it. Knox still served three years for framing Patrick. Not even Judge Hellmann bought into her claims. Certainly not the Supreme Court.

The current trial in Florence was preceded by an investigation by Florence prosecutors, who bring the charges and argue them because Knox impugned officers of the justice system in their official roles. 

Prior to today the prosecutors’ investigation report had only been released to Knox’s defense. So we don’t yet know if the charges extend beyond Knox’s claims of having been abused into a false “confession” on 5-6 November 2007.

Post #1 of our ongoing Interrogation Hoax series points toward what investigators testified to at trial.

Four months later Knox contradicted them at length as summarised in our two posts here and here: “The Amanda Knox Calunnia Trial In Florence: What It Is All About”

3. Machiavelli Reports From Trial 7 September

1. Tweets from the Florence court:

16. Zugarini was present throughout the interrogation and described when #amandaknox started to cry, remembered her peculiar hand-ear gestures.

15. Napoleoni testified #amandaknox was brought a chamomille when she started crying at 01:45, the interrogation was immediately stopped.

14. Napoleoni and Zugarini said they “cuddled” Knox because she was a 20-year old girl.

13. Both Mignini and Zugarini described having had impression that #amandaknox was feeling “relieved of a burden” after accusing Lumumba.

12. Mignini said Knox was not clearly a suspect to him by the 05:45 interrogation.

11. Witnesses had inaccurate memory on some details, but were convergent on some peculiar details.

10. Napoleoni said she did not enter interrogation room, she called Rita Ficarra out to talk to her.

9. Zugarini said, as for her knowledge, Knox was not told that Sollecito withdrew her alibi.

8. Zugarini said called interpreter only to ask #amandaknox more precise questions about people in her phone contact list.

7. Zugarini said #amandaknox was able to explain herself in Italian. They called an interpreter to translate what police had to say.

6. Testimony of Mignini was descriptive and framed thing in law. Mostly talked at length explaining alone, prosecutor listened.

5. In today’s hearing, Mignini talked 2 hours, confirmed arrived at 3am, police interview was over, he asked no questions of AK.

4. Napoleoni was precise and synthetic. Zugarini longer and IMO more interesting on many details.

3. Mignini and Judge Boninsegna appeared irritated by Dalla Vedova’s remarks.

2. Long hearing of Mignini at trial against Amanda Knox for calunnia. Napoleoni & Gubbiotti followed, then Zugarini

1. Testimony of some of the investigators accused by Knox and the lead prosecutor Dr Mignini [image above] is being taken in court.

[Reporting from the Florence court sometimes requires a wait to get to a place where mobile phones can connect to the outside.]

2. Emailed report following day (8 September):

No Knox calunnia session required today as last Friday and yesterday both sides completed their witness list.

Amanda Knox and Curt Knox chose not to testify.

Now Judge Boninsegna has ordered each side to prepare their arguments within three months (7 December).

The verdict is likely to arrive in the New Year.

 


Thursday, December 10, 2015

Traitor? How Sollecito Extensively Smeared Italy In English But Of Course Not Italian

Posted by The TJMK Main Posters




1. Overview Of “Sollecito As Traitor” Series

By way for example of his new Italian book, Sollecito is trying hard to make himself liked in Italy.

An uphill task at best. Most Italians, who could follow the case a lot closer than most people outside Italy, know about all of this.

    (1) At his central-police-station interview 5-6 November 2007 and his first Matteini hearing two days later he dumped very heavily on Knox.

    (2) Throughout trial he gave Knox no help with her current alibi (that she was at his place all night) and again and again pulled out the rug from under her.

    (3) After the Hellmann outcome late 2011 Sollecito took off like a rabbit for the US (with his family soon in hot pursuit) and after Knox stiffed him tried very hard to get someone - anyone - to marry him so he could stay.

    (4) Before the Nencini verdict came out in early 2014, a panicked Sollecito took off to the north in a car and got cold feet (or was warned to stop) at the Austrian border and ignominiously came back.

    (5) Before the Fifth Chambers verdict came out in early 2015 a panicked Sollecito took off for Bari rather than remaining at the Supreme Court to find out what the verdict would be.

    What Italians mostly dont know is this. In late 2013 Sollecito’s first book - only in English - came out, and he was soon all over American TV once again sticking it to Knox.

    In the book his self-serving strategy was threefold: (1) Despite the title, point hard to Knox; (2) Point harder to Dr Mignini and the supposedly bungling, mean police; and (3) Point hardest to the official mechanisms, by lying on a grand scale, to make them out to be brutal and highly archaic at best.

    This series will lay out how Sollecito, lying and lying from what he thought would be a safe distance across the Atlantic, tried hard to make Italy look bad in the eyes of the world.

    A lot of posters contributed to the analysis of Sollecito’s 2012 English-language book on which much of the series will be based. Thanks especially to Sara, Kermit, Cardiol MD, and James Raper, who did the most work. 

    1. Sollecito’s First 20 False Claims

    We first posted a version of this analysis in May 2014. These twenty examples of felony claims all appear in the book’s preface which is only seven pages.

    Such claims continue throughout the book at approximately the same rate and they will be examined in future posts. 

    1. That Italian justice authorities took the easy way out

    This is the story of two ordinary people who stumbled upon an extraordinary circumstance, the brutal murder of a British student in Italy. Neither Amanda Knox nor I had anything to do with the crime, but we came perilously close to spending the rest of our lives in prison because the authorities found it easier, and more convenient, to take advantage of our youth and inexperience than to mount a proper investigation.  It’s that simple. And that absurd.

    No advantage was taken of them. The two stood out very sharply from all the others of similar age, and of similar inexperience (whatever that means). They did and said dozens of things in the early days that set them sharply apart.

    They were interrogated quite fairly, the Italian media was not especially hard, Dr Mignini never ever leaked, and they had lawyers and family handy at every turn after they were arrested. They each gave the authorities less than zero help - they tried to lead them off on wild goose chases, for example the false claim AK made against Patrick and dozens of other false claims, and apparently tried to finger yet another north African, Hicham Khiri, in a conversation they clearly knew was being recorded.

    A “proper” investigation was indeed done. Simply read through all the posts on the trial here in the first half of 2009, and the prosecutor’s excellent summations, and you will see what a smooth comprehensive job was done. And the Supreme Court concluded that THREE had to have been involved, from the recreation of the attack and all the wounds on Meredith’s body. Subsequent to Patrick, AK and RS and their lawyers never came within light-years of throwing real suspicion on anyone else.

    2. That the preventive custody was very harsh

    On November 1, 2007, Amanda and I were carefree students at the beginning of a cross-cultural love affair in a beautiful Umbrian hill town. Within days, we were thrown into solitary confinement in a filthy prison, without access to lawyers or loved ones, accused of acts so heinous and disturbing we may never be able to banish them from our thoughts, or our nightmares.

    Raffaele was sent to preventative prison on Tuesday November 6. Capanne Prison was almost brand-new then, and far from crowded. Cells contain TVs and private bathrooms.

    All questioning had been stopped early on 6 November until Sollecito could have a lawyer present. He himself wrote to his father in his “prison diary” on November 7:  “I may see you tomorrow, at least that is what I was told by Tiziano [Tiziano Tedeschi, his lawyer at the time], who I saw today and who defended me before the judge.”

    Mr Tedeschi made no complaint about any delay in the first meeting with his new client. In Italy, a judge must determine within 48 hours whether to hold or release detained suspects. Judge Matteini did so meticulously with Tedeschi present and refused Sollecito’s release.

    3. That the prosecution and Italian media demonized the pair

    In the newspapers and on the nightly news, we were turned into monsters, grotesque distortions of our true selves. It did not matter how thin the evidence was, or how quickly it became apparent that the culprit was someone else entirely. Our guilt was presumed, and everything the prosecution did and fed to the media stemmed from that false premise.

    In the real world, the prosecution fed nothing at all secretly to the media and publicly very little, none of it self-servingly biased. Italian reporting was sporadic and very mild compared to anything one can see said daily about possible perps in the US and UK newspapers and on US TV. Besides, any coverage, which was in part deliberate in the situation as dozens of students were fleeing Perugia, had no influence on anything, neither on the investigation nor the trial.

    The Italian system is set up so media can have less influence than almost any other media on any other justice system in the world. The Micheli and Massei sentencing reports show the judges were not unduly influenced even by the lawyers right in front of them, let alone by mild media reports 1 or 2 years before that.

    4. That four years were wasted showing where the prosecution went wrong.

    By the time we had dismantled the case and demonstrated its breathtaking absurdity [in the annulled Hellmann appeal] we had spent four of what should have been the best years of our lives behind bars.

    “We” meaning the defense lawyers did very little in the annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course maybe shopping for an inexperienced and pliable business judge, and for DNA consultants who they could then spoon-feed. Much of the hard evidence they simply kept well away from in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.

    On the other hand, RS’s claim could well apply to what Dr Galati and Cassation did for the Hellman sentencing report. Dismantled the appeal verdict, and demonstrated its breathtaking absurdity.

    5. That Knox was made a target because timid Italy was scared of her.

    Amanda and I certainly made our share of mistakes. At the beginning we were too trusting, spoke too frivolously and too soon, and remained oblivious to the danger we were courting even after the judicial noose began to tighten. Amanda behaved in ways that were culturally baffling to many Italians and attracted a torrent of gossip and criticism.

    An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets. What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially funny or pretty or bright?  That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?

    Read this post by the Italian-American Nicki in Milan. To quote from it “As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public….. Amanda Knox is not on trial because she is American and therefore too “emancipated”....Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence.”

    6. That Knox and Meredith were really great, great friends.

    We were young and naive, unthinking and a little reckless. Of that much we were guilty.  But what we did not do—and could not have done, as the evidence clearly showed—was murder Meredith Kercher.

    Meredith was Amanda’s friend, a fellow English speaker in the house they shared with two Italian women just outside Perugia’s ancient city walls. She was twenty-one years old, intelligent, and beautiful. She and Amanda knew each other for a little over three weeks, long enough to feel their way into their new surroundings and appreciate each other’s interests and temperaments. I never heard about a single tense moment between them.

    Plenty of other people did know of tensions. Meredith’s family and friends all knew Meredith was finding the noisy dirty lazy loud unfocused Knox and her drugs and one-night-stands hard to take.  Her other flatmates found her hard to take. Her employer Patrick found her hard to take. His customers in the bar found her hard to take.  The Lifetime movie got this strident angle pretty straight.

    Remember, Meredith enrolled for a full academic load at the main university. Knox in sharp contrast took only one undemanding language course - which anyone could walk into - requiring maybe 10 hours of study a week.  They increasingly did less together. In fact after several weeks nobody was lining up to have anything to do with Amanda Knox.

    Seemingly unable to reverse herself, she was headed to being among the least popular of students in Perugia.  It should be recalled that the callous remarks by Amanda Knox about the death of her so-called friend Meredith included “Shit happens”, “She fucking bled to death”, and “‘I want to get on with the rest of my life”.

    7. That an intruder knew about the rent money and so murder ensued.

    Meredith, of course, suffered infinitely worse luck than we did: she came home, alone, on an ordinary Thursday night and had her throat slit by an intruder hoping to steal the household rent money.

    There is zero evidence that this was the case. Knox herself ended up with a similar amount of cash that she has never been able to explain. There is zero possibility that Guede would know that any money was lying around - or not lying around, as it was concealed in Meredith’s drawer.

    And take a look at the many images of the brightly lit house at night. There are several dozen other houses behind it in the dark which any smart burglar would have chosen first.  In 2008 two real break-ins occurred at the house - both were in the dark behind the house, which is by far the easiest place to break in.

    And how many burglars break into an occupied home between 8:00pm and 9:00pm at night? Approximately none. So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

    8. That the media got hysterical and portrayed heartless killers.

    But the roles could easily have been reversed. If Meredith’s Italian boyfriend had not gone away for the weekend and if Amanda had not started sleeping over at my house, she—not Meredith—might have been the one found in a pool of blood on her bedroom floor. That reality was quickly lost amid the hysteria of the media coverage. But it continued to hover over both of us—Amanda especially—as we sank into the legal quagmire and struggled in vain to overcome the public image of us as heartless killers.

    There was zero media hysteria. This silly claim was addressed above. Watch the Porta a Porta YouTubes and dozens of other Italian reports and try to find ONE that is not fair and cautious and mature.

    How precisely did the two struggle in vain to overcome their public image? By coming up repeatedly with stories which didnt even tally with others of their own, let alone with one another’s? They never between them made even one helpful statement which actually helped the police.  And even their respective parents strongly suspected or knew of their guilt and were all caught incriminatingly on tape.

    9. That Rudy Guede did it alone; ignore vast evidence that proves not.

    This should not have been a complicated case. The intruder was quickly identified as Rudy Guede, an African immigrant living in Perugia with a history of break-ins and petty crimes. His DNA was found all over Meredith’s room, and footprints made in her blood were found to match his shoes. Everything at the crime scene pointed to a lone assailant, and a single weapon. Guede repeatedly broke into houses by throwing a rock through a window, as happened here, and he had been caught by the authorities in the past with a knife similar to the one that inflicted Meredith’s fatal wounds.

    This is laughable. It has in fact been demonstrated in numerous ways that the attack involved multiple assailants and this was accepted by the Supreme Court.

    Sollecito’s own lawyers never forcefully argued this. They produced two non-credible witnesses in the appeal trial (Alessi and Aviello) to actually prove that Guede had some other accomplices or that several others did it. Also Amanda Knox if anything diverted attention AWAY from Guede as he did in turn from her. He wasn’t quickly identified precisely because Knox had rather credibly fingered Patrick.

    There is no proof Guede was an intruder. The trial court concluded Knox invited him in. Guede had zero proven history of break-ins or petty crimes or drug-dealing, and late in 2008 at his trial Judge Micheli became angry at such claims. Guede had no prior criminal record at all. He had only been back in Perugia for a few weeks, after an extended stay up north.  His DNA was not found “all over” Meredith’s room. A major surprise, in fact, was how few traces of him were found.

    The recreation of the crime scene and the autopsy both pointed AWAY FROM a lone assailant, not toward.  From Meredith’s wounds, it was quite evident that two and perhaps three knives had been used, and not a single weapon. What lone intruder carries or uses two or three knives?  And footprints in blood outside the door matched the feet of both RS and AK. This is why the Supreme Court confirmed Guede’s guilt only “in concorso” (with others).

    10. That the cops could have caught Guede fast, despite Knox’s frame

    Guede did not call the police, as Amanda and I did, or volunteer information, or agree to hours of questioning whenever asked. Rather, he fled to Germany as soon as the investigation began and stayed there until his arrest two and a half weeks later.

    Guede’s apprehension and eventual conviction on murder charges should have been the end of the story. But by the time Guede was identified, the police and the public prosecutor’s office had convinced themselves that the murder was, incredibly, the result of a sexual orgy gone wrong, in which Amanda and I had played leading roles. Their speculations ignited a media firestorm, inspiring sensationalist headlines across the world about the evil lurking behind our seemingly innocent faces.

    The authorities had no shred of evidence to substantiate this story line, only erroneous suppositions and wild imaginings. We had an alibi for the most likely time of death, and none of the initial forensic evidence tied us to the scene of the crime. Nothing in our backgrounds gave any hint of a propensity for violence or criminality. We were both accomplished, hardworking students known to our friends and families for our gentleness and even tempers.

    Four more untrue remarks. All three were convicted of a murder with a sex-crime element and nobody was wrongly “convinced”. Which alibi is Sollecito talking about now? He himself admits in chapter 1 (Love and Death) that they had no “real alibi”. They still have no alibis at all for the second half of the evening, neither of them, when Meredith’s murder indisputably occurred.

    Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was falsified.

    Neither of their backgrounds was squeaky clean. Both had long been into illegal drugs, the loner Sollecito had to be watched by his father and teachers, the increasingly disliked Knox had a history of doing and saying crass off-putting things. Both were lagging behind their brighter peers in their studies and Knox was taking a year off.

    11. That the prosecution fed the media a huge number of false claims.

    Yet the authorities stuck to their guns. They fed the media a steady diet of sensationalist stories of how Amanda, the promiscuous American she-devil, and I, her sex-and-drug-addled Italian helpmeet, had tried without success to drag Meredith into our depravity and punished her by plunging an outsize kitchen knife into her neck.

    Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.

    Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,

    But whereas Mr Mignini famously never leaks, the defenses are widely claimed to have leaked throughout like sieves. So did Sollecito’s own family - they leaked an evidence video to Telenorba TV, for which they were considered for trial. Even we at TJMK and PMF received several offers of juicy leaks. Here is one example of where the Knox forces leaked - wrongly in fact - and then nastily slimed the prosecution and defenseless prison staff.

    12. That the authorities had lots and lots and lots of scenarios.

    It might have been funny if the consequences had not been so devastating. Listening to the tortured language of the prosecution—“one can hypothesize that . . . ,” “it is possible that . . . ,” “one can imagine that . . . ,” “this scenario is not incompatible with . . .”—it became clear that the authorities, like the media, were treating our case with the bizarre levity of an after-dinner game of Clue, or an Agatha Christie mystery. Everyone, even the judges in their black robes, had theories they were itching to air.

    Have Sollecito and Gumbel ever before been in any other court in Italy or the UK or the US?  Every judge and/or jury has to arrive at a scenario on lines not unlike this. That is the whole POINT of having courts - to weight the probabilities in what happened in the crime.  The only difference in Italy is that the judges have to think their verdict through for weeks, and then write it all out, and then see it scrutinized by a higher court. This is hardly a requirement to be sneered at.

    Gumble and Sollecito should have studied how US and UK juries arrive at their own scenarios. Very few US and UK lawyers think they do a better job. Ask those who watched the OJ Simpson and Casey Anthony trials and bitterly criticised the outcomes. And Italy has a vastly lower rate of false imprisonment than the US does.

    13. That Italy is a medieval country with a primitive justice system.

    It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. How was it conceivable that a democratic country known for its style and beauty and effortless charm—the Italy of the Renaissance and la dolce vita—could allow two young people to be catapulted to international notoriety and convicted of a horrific crime on the basis of nothing at all?

    This is not remotely what happened. There was very far from nothing at all. Convictions in the US and UK regularly result based on evidence 1/10 or 1/100 of that here - sometimes from one single evidence point. Any one or several of maybe 100 evidence points here could have convicted them in a US or UK court.

    Italy gives defendants every possible break, and the justice system is seriously loaded against victims and their families. Read here and here.

    14. That the prosecutors office and media were in a grim embrace.

    The answer has something to do with the grim embrace that developed between the prosecutor’s office and the sensationalist media. Like addicts constantly looking for the next fix, each fed the other’s insatiable appetite for titillation and attention. The casual cruelty of “Foxy Knoxy” and her Italian lover became too good a story line to abandon, even when it became apparent it was overheated and unsustainable. Our suffering was the price to be paid for the world’s continuing entertainment.

    WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? This is clearly defamatory if it can’t be proven, and we can turn up no evidence that any of it is true. It has to be one of the most foolish lies in the entire book, it is so easy to disprove. These who are being accused of crimes here are career police and prosecutors secure in their jobs, and none have the slightest gain to make from false convictions.

    15. That in the justice system speculation and hearsay run rampant

    The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause.

    Total mischaracterization. First note that by comparison with any country in the world THERE IS NOT MUCH CRIME IN ITALY.  There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is not lining up to pay taxes.  Italy’s murder rate is 1/6 that of the United States and its prison incarceration rate is 1/30 that of the United States, so where IS all this crime about which the claimed speculation and hearsay are running rampant?

    The legal process could have been fully over by the end of 2009 if (1) there was not the entitlement to two automatic appeals; in UK and US terms there was very little to appeal about;  and (2) the Hellmann appeal court had not been fixed to produce a corrupt outcome, as the displaced judge Sergio Matteini Chiari and Cassation and the Council of Magistrates have all made plain.

    And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained. Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be.

    The Constitution and judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so.  Creating this restraint is a primary reason for the judges’ sentencing reports and all the magistrates’ checks of investigations along the way.

    This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.

    16. That in Italy proof beyond a reasonable doubt scarcely exists

    For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.

    So Gumbel and Sollecito are historians and legal experts now? It would be nice, wouldn’t it, if either were able to explain the remark. This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in 1990 and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.

    There are two things wrong with “..the concept of reasonable doubt scarcely exists in Italy.”

    1. It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries.

    2. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians.  Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.

    Until the 1990 Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings (to punish the guilty) and civil proceedings (to render liable the guilty for damages) were heard at the same time and still sometimes are, as in the Meredith Kercher case.

    What has changed (relevant to the above quote) is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases (the preponderance of evidence or, as we usually refer to it, the balance of probabilities) is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof (beyond reasonable doubt).

    Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. No judge would EVER confuse “beyond reasonable doubt” with “the balance of probabilities” when the issue at stake is depriving an individual of his freedom.

    17. That the Italian judiciary has vast, unfettered powers

    Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves.

    Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.

    The checks and balances on judges in the Italian system are enormous, perhaps the toughest checks and balances in the world. Read here and here about them.

    All of the best judges in the world are independent and they all follow a demanding career path, not elected (as ex-Judge Heavey was) under zero criteria, or appointed under the political sway of politicians. We wonder if Gumbel and Sollecito have ever heard of the US Supreme Court? Do those judges answer to anybody? No? How unfettered. 

    18. That the courts are the most reviled institution in Italy.

    Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. The courts—tainted by politics, clubbishness, pomposity, and excruciating delays—are the most reviled institution in the country.


    As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know.

    And on the issue of popularity we have previously posted this and this and also this.

    Our Italian poster Machiavelli (Yummi), who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:

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

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

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

    However, some cases of corruption (such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia 2012) do hamper trust.

    The most trusted institutions in Italy above all are the Carabinieri (74% of Italians trust them) and the Polizia di Stato (71%).

    Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors.

    19. That prosecutors can spin their cases into any shape they please.

    Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting.

    Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue. The entire Italian system under the post WWII constitution was designed to PREVENT what Sollecito & Gumbel claim it allows here.

    There are checks and balances and reviews every step of the way. Magistrates (initially Matteini here) determine what a prosecutor may do in developing and presenting a case. Parties may appeal to the Supreme Court AT ANY TIME as Knox’s lawyers did over her second written confession - which she herself had demanded to make in front of Dr Mignini after he finished warning her of her rights.

    Hard for Sollecito & Gumbel to believe, perhaps, but the defense is actually present in the same courtroom. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world.

    And judges actually have minds of their own. And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them.

    Sollecito & Gumbel should have read the 2012 Galati appeal more closely. The Prosecution’s Appeal To The Supreme Court is available in English here.  Precedent has a section to itself - “The non-observance of the principles of law dictated by the Cassation Court in the matter of circumstantial cases (Article 606(b)) in relation to Article 192 paragraph 2 Criminal Procedure Code.”

    Well, that’s precedent, via the Court of Cassation no less! How surprising from Gumbel/Sollecito that they should make that claim about ignoring precedent when in fact there it is, going right to the heart of the flawed Hellmann/Zanetti judgement on circumstantial evidence!  What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent? 

    There is an absurd irony here, were they aware of it. Perhaps they are. Surely it is Hellmann and Zanetti who have displayed “a boundless freedom” in spinning the case “into any shape they please”, and who have “created legal justifications on the fly”?  As for prosecutors doing this, at least Dr Mignini followed the evidence, and American readers may recall the infamous Jim Garrison, the DA hero of Oliver Stone’s movie “JFK” but who in reality, unlike Dr Mignini, was a total and utter crackpot.

    And what issue exploded the Porta a Porta TV show in Italy in September 2012? It was Sollecito’s false claim that the prosecution had secretly tried to offer him a deal if he would roll over on Knox.  NOBODY including his own father and his own lawyers confirmed him. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals.

    Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. (In her book Knox also accused Dr Mignini of a felony.)

    20. That the prosecutors and judges in Italy are far too close.

    Prosecutors and judges are not independent of each other, as they are in Britain or the United States, but belong to the same professional body of magistrates. So a certain coziness between them is inevitable, especially in smaller jurisdictions like Perugia.

    Yes, prosecutors and judges in Italy belong to the same professional body of magistrates. But then so does the defense lawyer Ms Bongiorno. The claim that there is no independence between prosecutors and judges in Italy, in fact a coziness between them, is a bit rich.

    Consider, say, the UK. It is true cases are prosecuted by the Crown Prosecution Service, a government body, but in serious cases the CPS will employ barristers from the Inns of Court. There is scarcely a judge in the UK, even up to the highest level, who was not and who is not still a member of one of the Inns of Court from whence barristers, for the prosecution or for the defence, ply their trade.

    You can’t walk past an Inn without seeing the names of judges on the roll call on the plaques outside. A judge is still a barrister, just fulfilling a different function, although, of course, now paid by the State.  The old school boy tie? Corruption? No, the fulfilling of different roles by members of the same body is called professionalism. 

    Judges and lawyers all belong to the American Bar Association in the US and attend the same conferences. No sign that this lack of “independence” ever affects trials.  This claimed excess of coziness is often ranted about online by the Knoxophile David Anderson who lives near Perugia. Nobody who pays him any attention can get where he derives this from. Maybe he heard it from Hellman?

    Perugia prosecutors and magistrates are all known to do a fine job, and the national Olympics & earthquake relief cases involving powerful Rome politicians were assigned for competent handling to where? To Perugia… Defense lawyer Ghirga and Prosecutor Mignini have the reputation of being good friends. And Mignini and Massei would both draw their salaries from the State. But so what? Do not judges and DAs in the the USA do likewise? Are Gumbel and Sollecito impugning the professionalism of the counterparts of Mignini and Massei all over the world? It sure reads like it.

     


    Monday, September 07, 2015

    Knox Calunnia Trial #2: Testimony In Florence Court Today By Some Accused By Amanda Knox Of Crimes

    Posted by The TJMK Main Posters




    1. Overview Of This Post

    The post is in 3 parts and was added to on the fly as new information flowed in.

    Part 2 below summarizes what this trial is all about. It is not about Knox’s book, it is about her claims on the stand in mid 2009 of crimes committed by numerous investigators and the lead prosecutor.

    Part 3 below is live reports from the court. Part 4 is about the Supreme Court sentencing report released today in Rome.

    2. Background To Calunnia Trial

    This trial focuses on the claims of Amanda Knox at trial in 2009. Charges for malicious claims in her book will fall to another court, probably also in Florence. Oggi is already on trial for republishing some of them.

    There seems no parallel in US or UK legal history to this - to a defendant testifying prolifically for two days to crimes by investigators, in spite of even more days of prior testimony which all pointed the other way.

    Seemingly under strong pressure from her own family Knox willingly took a huge legal risk which her own lawyers had warned her about again and again, sometimes publicly, over nearly two years.

    They never ever lodged even one complaint. Nor did the US Embassy in Rome, which monitored all sessions in court, and often checked her out (as did Italian MP Rocco Girlanda) in prison at Capanne.

    The Massei court and the watching audience in Italy (read here and here) bought none of it. Knox still served three years for framing Patrick. Not even Judge Hellmann bought into her claims. Certainly not the Supreme Court.

    The current trial in Florence was preceded by an investigation by Florence prosecutors, who bring the charges and argue them because Knox impugned officers of the justice system in their official roles. 

    Prior to today the prosecutors’ investigation report had only been released to Knox’s defense. So we don’t yet know if the charges extend beyond Knox’s claims of having been abused into a false “confession” on 5-6 November 2007.

    Post #1 of our ongoing Interrogation Hoax series points toward what investigators testified to at trial.

    Four months later Knox contradicted them at length as summarised in our two posts here and here: “The Amanda Knox Calunnia Trial In Florence: What It Is All About”

    2. Machiavelli Reports From Calunnia Trial

    1. Tweets from the Florence court:

    16. Zugarini was present throughout the interrogation and described when #amandaknox started to cry, remembered her peculiar hand-ear gestures.

    15. Napoleoni testified #amandaknox was brought a chamomille when she started crying at 01:45, the interrogation was immediately stopped.

    14. Napoleoni and Zugarini said they “cuddled” Knox because she was a 20-year old girl.

    13. Both Mignini and Zugarini described having had impression that #amandaknox was feeling “relieved of a burden” after accusing Lumumba.

    12. Mignini said Knox was not clearly a suspect to him by the 05:45 interrogation.

    11. Witnesses had inaccurate memory on some details, but were convergent on some peculiar details.

    10. Napoleoni said she did not enter interrogation room, she called Rita Ficarra out to talk to her.

    9. Zugarini said, as for her knowledge, Knox was not told that Sollecito withdrew her alibi.

    8. Zugarini said called interpreter only to ask #amandaknox more precise questions about people in her phone contact list.

    7. Zugarini said #amandaknox was able to explain herself in Italian. They called an interpreter to translate what police had to say.

    6. Testimony of Mignini was descriptive and framed thing in law. Mostly talked at length explaining alone, prosecutor listened.

    5. In today’s hearing, Mignini talked 2 hours, confirmed arrived at 3am, police interview was over, he asked no questions of AK.

    4. Napoleoni was precise and synthetic. Zugarini longer and IMO more interesting on many details.

    3. Mignini and Judge Boninsegna appeared irritated by Dalla Vedova’s remarks.

    2. Long hearing of Mignini at trial against Amanda Knox for calunnia. Napoleoni & Gubbiotti followed, then Zugarini

    1. Testimony of some of the investigators accused by Knox and the lead prosecutor Dr Mignini [image above] is being taken in court.

    [Reporting from the Florence court sometimes requires a wait to get to a place where mobile phones can connect to the outside.]

    2. Emailed report following day (8 September):

    No Knox calunnia session required today as last Friday and yesterday both sides completed their witness list.

    Amanda Knox and Curt Knox chose not to testify.

    Now Judge Boninsegna has ordered each side to prepare their arguments within three months (7 December).

    The verdict is likely to arrive in the New Year.

    4. Machiavelli On Cassazione Sentencing Report

    4. The Cassazione sentence on the #meredithkercher case about #amandaknox and #raffaelesollecito is an offence to intelligence.

    3. Cassazione repeats several times “strong suspicion” remains about #amandaknox and #raffaelesollecito

    2. Cassazione says #amandaknox was in the apartment when murder was convicted, and it is “incontrovertible” that she committed calunnia.

    1. INCREDIBLE: SC says *proven* fact that #amandaknox was in house when murder was committed. Agrees with court on this


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