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

Sunday, January 04, 2015

That Supposed Tsunami Of Leaks That Supposedly Hurt The Alleged Perps: Who REALLY Leaked?

Posted by Peter Quennell



Curt Knox spins the day in court; prosecutors are forbidden to correct him or explain “their side”

1. How The Supposed Leaks Began

On 6 November 2007 investigators into Meredith’s death thought they had caught a big break.

That was when Knox herself snapped and claimed to be an eyewitness to Meredith’s killing on the night. From 1:30 am to about noon on 6 November Knox repeated that claim and staged her huge fright of Patrick Lumumba again and again. She proved hard to shut up though police did gently try.

Three times in those ten or so hours Knox herself insisted on writing her claims down, including a claim that she did go out alone. She was repeatedly warned she should have a lawyer present first but pressed on.

False claims to have witnessed a murder are rare, but not entirely unknown - there can be fame and big bucks in it, played right.

But in Knox’s case this did not seem to apply - she snapped explosively under no pressure except that just placed upon her by Sollecito who had claimed she made him lie and she had gone out alone from Sollecito’s on the night Meredith died.

And she had to some extent implicated herself - she said she saw a crime she did not report.

On 8 November supervising magistrate Claudia Matteini reviewed police and psychology reports and what Knox and Sollecito had claimed (including Sollecito’s writing that he never wanted to see Knox again).

Judge Matteini declared them both to be bad news. She ordered them to remain locked up. Judge Ricciarelli confirmed that that was all correct.

In coming months Knox was given repeated opportunities to clear herself, to put the evil genie back in the bottle, but she failed every time. In April 2008 Cassation ruled there was plenty of prima facie evidence, and that Judge Matteini had done the right thing.

Knox herself inspired these events of 6 to 8 November. They are what caused the voracious UK media and relatively mild Italian media to get their paid snoops to Perugia fast.

All of them were lobbying to get an edge. Investigators had some difficulty performing their tasks because they were getting so many calls and being crowded in the streets.

2. Did The Police Or Prosecution Ever Leak?

The Italian rules are quite clear. Unlike the US, cases for and against the accused must be fought only in court, and when the prosecutor or judge speaks, it will mostly be in a document that has been cleared.

How many proven examples do you think there are of police and prosecutors slipping reporters leaks and tips and inside tracks to advance their case?

In fact NONE. Not one.

Among the frustrations we picked up from the excellent Italian-speaking reporters who were actually there was how under Italian rules there was so little that police and prosecutors were allowed to share.

In the UK it is also a bit like this. But in contrast in the US there would typically be daily press conferences and prosecutors (85% of them are elected in the US) appearing on the cable-news crime shows like that of Nancy Grace.

And Dr Mignini himself famously never leaks. The few things he ever says are on the record and they always prove accurate, low-key, and very fair. From 2007 right up to today he continues to maintain that Knox had no advance intention to kill. A softer line than some of the judges settled upon.

3. Did The Defenses And Families Leak?

Sure. This case must have broken all records for defense-biased leaks. Finding themselves in a vacuum of police and prosecution information and pushback, the Knox PR grew to an angry and often abusive and dishonest roar.

The sharp-elbowed Knox-Mellas presence was constantly “available” in Perugia and Burleigh and Dempsey among others got totally taken in. Ann Bremner and Judge Heavey and Paul Ciolino became more and more shrill. Heavey wrote to the president of the Italian Republic on his official letterhead. Senator Cantwell issued many unfounded claims. 

And through 2008 and 2009 one can spot increasing leaks from each defense team, often to try to advantage their client against the other two. We were offered some of those leaks, among others “the truth” about the autopsy and “the knife”.

The Perugia Shock blog by PR shill Francesco Sfarzo (now on trial in Florence for making things up, and wanted by police in the US) came to be a main conduit for defense lies and misleading information, possibly some from a disgruntled cop. 

Here is one easily proven leak from the Knox defense that was intended to hurt the police and prosecution in the case.

But putting police so overtly on the spot was a dangerous game. More often each perp and their defense team took whacks at the other two as a Rome lawyer showed here and we showed here.  In the past few posts we have been showing how many things about Rudy Guede were made up (more to come).

4. Making Things Up For Profit And Fame

In 2007 and 2008 various unsavory characters surfaced in Perugia, to try to win fame and make a buck. This quote is from our post directly below.

Christian Tramontano, who had claimed someone threatened him in his house in the dark with a knife who looked like a shot of Guede in the papers two months later, was not even called, perhaps because at a hearing in October 2008 Judge Micheli denounced him as having made things up.

Tramontano is right now a jobless bouncer, as the mafia was found to have some involvement in his club. Judge Micheli scathingly repudiated his tale as his story did not ring true - he made no police report about it at the time.

But worse, he looked like one of quite a few around Perugia (and later in the US) who were seeking global fame and big bucks from the media for “inside knowledge” and claimed close connections to one or other of the alleged perps.

Despite this Tramontano’s self-serving claims are repeated as gospel by the PR shills all over the place. Those claims appear as gospel in every one of their books.

This is from Tom Kington of the Guardian in a report posted 27 September 2008:

The trial in Italy of Rudy Guede, one of the three suspects accused of sexually assaulting and murdering British student Meredith Kercher, was thrown into disarray yesterday when a judge stopped proceedings after learning that one of the main character witnesses had allegedly tried to sell his story to Italian television.

Abuker Barro, known as Momi, a Somalian acquaintance of Guede, was due in court in Perugia yesterday to repeat claims made to investigators that he had seen Guede rifling through women’s handbags in clubs in Perugia and making aggressive advances to women when drunk.

But the judge, Paolo Micheli, blocked him from completing his testimony after lawyers for Guede showed a video of Barro meeting journalists to allegedly negotiate payment of €2,000 (£1,588) for revealing his testimony on Italian television. Micheli will ask magistrates to decide whether Barro should be prosecuted for abusing his role as a witness, which could exclude his testimony.

The incident, described by Guede’s lawyer, Walter Biscotti, as ‘an assault by the media’, follows a series of leaks to the press of evidence and even jail diaries by suspects during the investigation into the brutal slaying of Kercher, 21… [bold added]

Few real reporters were unethical or incompetent enough to accept and report biased and unconfirmed claims like Tramontano’s or Barro’s. But you can find those false claims hyped pervasively throughout the pro-Knox books as if they were gospel.

Among others Dempsey’s, Burleigh’s, Moore’s, Preston’s, Hendry’s, Waterbury’s, and Fischer’s books come to mind.


Tuesday, December 23, 2014

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

Posted by Peter Quennell





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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Back to analysing more from the crackpot Jay.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Back to analysing more from the crackpot Jay.

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

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

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

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

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

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

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

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

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

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


Tuesday, December 16, 2014

The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholdered Knox

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

3. Sollecito’s appeal to the Supreme Court

In Knox Interrogation Hoax #16 we described the fourth pre-trial hurdle Knox failed to make. That was her appeal to the Supreme Court against the Matteini and Ricciarelli rulings that much evidence pointed to her and for the safety of others she needed to be kept locked up.

Knox hadnt really lifted a finger to deflect suspicion away from Sollecito and the same thing applied in reverse from 2007 right through to 2014 with the one bizarre exception of Sollecito’s book.

Catnip kindly provided this translation below of Cassation’s ruling on Sollecito’s appeal in April 2008 that much evidence pointed to him too and for the safety of others he also needed to be kept locked up.

If Sollecito had not fingered Knox at his own interrogation on 5-6 November 2007 which set her fireworks off, here was his second chance after his memo to Judge Matteini to set things straight and get her off the hook. 

So did he? No. He again left Knox dangling in the wind. 

Summary: Held: the decision to continue pre-trial prison detention for the suspect was reasonable.

THE REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
SECTION 1 CRIMINAL DIVISION

Comprised of the most Honourable Justices:
Dr Torquato GEMELLI - President -
Dr Emilio Giovanni GIRONI - Member -
Dr Maria Cristina SIOTTO - Member -
Dr Umberto ZAMPETTI - Member -
Dr Margherita CASSANO - Member -

have pronounced the following

JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).

REASONS FOR THE DECISION

The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery – in the kitchen of his house – of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

– reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

– absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

– arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

– inexistent evidential value of the phases relative to the discovery of the body;

– absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

– absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

– irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

– interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

– attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

– insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

– missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

THE APPEAL IS UNFOUNDED

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 – coincident with P’s visit – who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told ‘a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, – which would narrowly evaluate as innocuous youthful stereotypes –, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.
Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008


Tuesday, November 18, 2014

The Knox Interrogation Hoax #16: The Fourth Opportunity Knox Flunked: The Supreme Court

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of false claims made by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

As you will have seen in previous posts, Knox’s team pussyfooted about without conviction in the few brief instances when the 5-6 November session was discussed. In the Mignini hearing of 17 December 2007 they eventually advised her it would be in her best interests to shut up.

This post covers the third hurdle, specifically why in April 2008 the First Criminal Section of the Supreme Court ruled that for reasons of evidence and psychology Knox and Sollecito should remain locked up and the judicial process against them should go forward.

Please consider this meticulous (and for the pair, damning) statement, which denied their release, in light of a couple of explanations which follow in Part 4 below.

3. Catnip Translation: Gemelli Report On Knox

The Judgment

REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
FIRST CRIMINAL DIVISION

Comprised of the Most Honorable Justices
Dr Torquato GEMELLI – President
Dr Emilio Giovanni GIRONI – Member
Dr Maria Cristina SIOTTO – Member
Dr Umberto Zampetti – Member
Dr Margherita CASSANO – Member

has pronounced the following

JUDGMENT

on the appeal lodged by AMK born on X

against the Order of 30/11/2007 Liberty Tribunal of Perugia

having heard the relation [legal analysis] made by the Counsellor [Judge] Margherita Cassano

having heard the conclusions of the Prosecutor-General Dr S Consolo who has prayed the rejection of the appeal

HAVING FOUND IN FACT

1. With the order of 30 November 2007 the Perugia Court, as constituted under Article 309 Criminal Procedure Code, rejected the submission to review lodged by AMK and, as a consequence, confirmed the precautionary prison custody measures disposed in her matter on the 9th November 2007 by the GIP of the same Court in relation to the offences of aggravated wilful homicide in company and in sexual assault by a group, committed on the day of 1 November 2007 against MSCK.

2. According to the reconstruction put forward by the judges of merit, on the 2nd November 2007, around 12:35, the State Police, to whom had been signalled the discovery in the garden of a house of two mobile phones, both resulting to be in the service of the American [sic] citizen MSCK, intervened at an apartment in Via della Pergola in use by Ms K and AMK and two Italian women. At the place were found AMK and her boyfriend RS, the which declared they were expecting the arrival of the Carabinieri, called by them after having discovered that the window of one of the rooms of the habitation presented with broken glass.

The crime scene inspection immediately carried out inside the apartment led to the discovery in the bedroom occupied by Ms K, locked under key, of the body of the woman, which, at the level of the head, was immersed in a lake of blood, was dressed only in two tops pulled above the breast and was covered with a blanket. Beneath this latter was found the print of a shoe in haematic material, collected, besides in the room of the offence, also in a small bathroom adjacent to the same. In a second bathroom, used by the two Italian lessees of the apartment, were found faeces and other natural biological residues. The autopsy immediately carried out permitted the establishment of the cause of death, collocatable around 22 hours of the day of 1st November 2007, to have been due to a haemorrhagic shock from vascular lesions to the neck from an edged blade and that the instrument used to restrain her was constituted of a pointed instrument capable of penetration and with a sharpened profile capable of cutting tissue.

The victim’s body did not present unequivocal signs of sexual assault even though there were found things of some medico-legal interest, in the sense of the observed anal dilation of two-three centimetres, the discovery of minute ecchimoses on the posterior part of the anal ring (otherwise compatible with situations of constipation) and, above all, mauvish marks on the inner face of the labia minore, suggestive of a sexual rapport carried out with haste and occurring a little before the death.

3. The Court had found that grave indicia of guilt as against the suspect were constituted by the following elements:

(a) the autopsy results and the medico-legal report;

(b) the discovery of a knife with dimensions of 14cm for the handle and of about 17 for the blade, seized from inside a drawer of cutlery located in the kitchen of the home of S, carrying, on the handle, traces of DNA referable to Ms K and, on the blade, traces of DNA ascribable to the victim;

(c) statements made by persons informed of the facts, FR and LM, housemates of the victim, who without contradiction excluded that the seized knife were part of the their apartment’s endowment and made mention that Ms K, on the day of the fact, was wearing a top, which has not yet been found;

(d) outcome of the technical tests carried out on a pair of shoes, N brand, size 42.5, property of S, evidencing a perfect correspondence between the aforesaid footwear and the print found at the location of the homicide, as well as on the door of the Via della P apartment which did not present signs of forced entry;

(e) results of technical tests carried out on the palm print found on the pillow on which the victim had been placed and resulting as belonging to RHG, a citizen of the Ivory Coast, nicknamed ‘the Baron’, known to AMK;

(f) presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper taken from inside the larger bathroom of the apartment, where faeces had been found, resulting as being from G;

(g) outcome of biological tests carried out on the blood found in the apartment’s small bathroom, in use by the victim and Ms K, which permitted the establishment that to the victim were attributable the bloodstains present on the mat, to Ms K those found on the washbasin, and to both of the women the blood traces found on the bidet;

(h) statements made by the American [sic] citizen RCB, the which, having returned home to her country a few days after the fact, referred to the Authorities that Ms K, while waiting to be interviewed by the Police on the morning of the 2nd November 2007, had told her of having seen M’s body on a wardrobe (or reflected on a wardrobe) with a blanket on top of her and of having seen her friend’s foot after a police officer had opened the door, circumstances conflicting with the modality of intervention at the apartment;

(i) statements made by the friends of MSCK, the which without contradiction said that the woman had spent the afternoon of the 1st November 2007 in their company and had left their house in the company of SP, who, reaching her own domicile in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than 10 minutes’ distance from Via del L;

(l) statements made by FR and PG, contacted by A after ascertaining that the front door of their house was open, that there were blood stains and that the window of MSCK’s room presented with broken glass

(m) statements made by S on the 2nd, 5th and 6th November regarding his movements both alone and with AMK between the day of 1 November 2007 and the following 2 November, in regards to what was found inside the Via della P apartment, to the call for help to law enforcement, not to mention the reference to the search for strong emotion contained in various of his writings posted on his blog;

(n) statements made on 6 November 2007 at 1:45 by Ms K which indicated L, entranced by M, as the author of the murder after a sexual relation with the victim;

(o) spontaneous statements made by Ms K on 6 November 2007 at 5:45 from which it emerged that L and M had gone to her room, that, at a certain point, M had started to scream, such that A, so as not to hear, had put her hands on her ears, that maybe S was also present in the house;

(p) contents of the account written by Ms K which repeated having heard M scream, to having removed herself into the kitchen and of having blocked her ears with her hands so as not to hear her friend’s scream and of having seen blood on S’s hand during the dinner that had taken place around 23:00 hours on the day of 1 November 2007 in S’s apartment;

(q) contents of a recorded conversation in prison on 17 November 2007 relating to a discussion between Ms K and her parents in the course of which the woman, amongst other things, said “It’s stupid, because I can’t say anything different, I was there and I can’t lie about this, there is no reason to do it”;

(r) tests carried out on the computer and on the mobile phone used by S, from which it emerged that, contrary to the defensive stance of the suspect, his computer had not been used during the night and had been activated only at 5:32 on 2 November 2007 and that, likewise, his mobile phone also had been off during the night and had been first used at dawn on 2 November 2007.

The Re-examination judges concluded recognizing, for continuing the precautionary custody measure, the continuance of all the typologies of precautionary requirements mentioned under Article 274 Criminal Procedure Code.

4. Against the cited order there has been submitted an appeal to Cassation, through her lawyers, by AMK, the which, also by means of a defence memorandum, alleges:

(a) violation of Article 309 paragraph five Criminal Procedure Code with reference to the omitted transmission to the Re-examination Court of the statements made by the suspect RHG arrested in Germany in the execution of a European Arrest Warrant, constituting, contrary to what was adopted by the Re-examination Court, an element favourable to the suspect, relevant for the indication of the author of the offence, identified as an individual of the male gender and, contrary to what as held by the Court, fully usable, given the basis of their acquisition into evidence under Articles 22 and 28 of the law on international judicial representation in criminal matters of 23 December 1982;

(b) Violation of Article 250 paragraph seven, and 357 paragraph two, Criminal Procedure Code, being placed at the foundation of the custody order and of the subsequent provisioning by the Re-examination Court, which indicative elements, the statements made by Ms K on 6 November at 1:45, without defence safeguards, the “spontaneous statements” made at the time of 5:45 hours, are not classifiable as such, given the procedural status invested on her in the meantime, all acts fully non-usable inasmuch acquired in patent violation of Article 63 Criminal Procedure Code;

(c) Violation of law, deficiency and manifest lack of logic in the reasoning with reference to the picture of circumstantial gravity, having regard: (a) to the personality of the suspect, a young foreigner with unblemished record, with a perception of reality altered by cannabis use, a substance which also may have been influencing her excessive and dreamlike behaviours; (b) to the seriously lacunose character of the translation of passages of the suspect’s hand-written account, analysed in a partial manner; (c) to the not unambiguous reading of the contents of the recorded conversation of 17 November 2007 between the suspect and her parents in prison; (d) to the non-probative nature of the DNA traces found on the seized knife, of the suspect’s blood stains on the mat and basin in the small bathroom of the apartment occupied by, amongst others, the victim and Ms K;

(d) Lack and manifest illogicality in the reasoning with reference to the considered circumstantial value, as against the suspect, of the results of tests carried out on the vaginal swab and on the knife in custody, with an un-reasoned devaluation of the considerations put forward by the defence;

(e) lack and manifest illogicality of the reasoning, distortion of the fact with reference to the considered presence of the suspect on the location of the fact and to her contribution purportedly made to the consummation of the offence;

(f) violation of law, deficiency and illogicality of reasoning as to the configurability of the precautionary requirements, given: (1) the absence of a specific danger in evidentiary acquisition even in the light of investigative developments which have evidenced Ms K’s extraneity to the commission of the offence and have allowed the acquisition of statements by fellow-suspect G; (2) the lack of an objective risk of flight in the light of international cooperation between Italy and the USA which would permit, once the suspect’s responsibility has been definitively ascertained, full judicial cooperation; (3) the lack of danger of repetition of the offences.

Observes as of law.
The Appeal Is Unfounded.

1. With reference to the deduced violation of Article 308 paragraph five for omitted transmission to the Re-examination Court of elements appearing favourable to the person placed under investigation (in the type of statements made by G to the German Judicial Authority in the ambit of European Arrest Warrant procedure), this Bench observes as follows.

For “elements in favour of the person placed under investigation” must be understood to mean those objective results, of probative value, suitable for being of positive influence in the evaluative complex of the custody picture (Cass., Sez. IV, 22 giugno 2005, rv. 231749) and in the concrete usable for exculpating the suspect (Cass., Sez. I, 26 settembre 2000, Corrente, rv. 217611) and not information that resolves itself into mere reformulations of the prosecutorial hypothesis or in the advancing of alternative hypotheses (Cass., Sez. Un. 26 settembre 2000, Mennuni).

In line with this interpretative stage there are to be excluded from the enumerated elements appearing favourable and as a consequence obligated to be transmitted to the Re-examination Court, under Article 309 paragraph five Criminal Procedure Code, statements made, as in the case under examination, in the ambit of an extradition procedure against the fellow-suspect who limits himself to giving his own defensive version and to affirm his own extraneity to the facts, without however releasing the other accused subjects from the same crime. It is, therefore, under this profile that the defence petition does not merit granting, it is rejected, rather, by the Re-examination Court on the basis of the erroneous assumption that RHG’s statements were unusable through omission with respect to due process, in reality assured by the German Judicial Authority, which – in conformity with the principles contained in the decision-framework of the Council of Ministers of the Union of 13 June 2002, relating to European arrest warrants and the handover procedure between member States (2002/584/GAI) – have, amongst other things, pre-emptively made the suspect informed: (1) of the European arrest warrant and its contents, even to the ends of allowing him to consent, if necessary, to the handover; (2) of the right to legal and interpretive assistance during the procedure.

2. With reference to the second appeal ground by the defence, the Court observes that circumstantial statements are characterized by a different usability regime under a subjective aspect. In the case in which these originate from a person against whom there already is sustained circumstantial evidence as regards the same crime, that is to a crime connected with or tied to the one attributed to a third party, the same cannot be used not only against themselves, but neither in relation to co-accused in the same crime (or of those accused of connected or related crimes).

The regime of absolute unusability under Article 63 paragraph two Criminal Procedure Code is, instead, to be excluded in the case in which the declarant, whether called to respond, in the same or another matter, for a crime or for crimes attributed to others, which have no procedural ties with the one for which they are being proceeded against, with respect to which the person assumes the character of witness.

In fact, in the first case, due to the close connection and interdependence between the fact itself and the other one, there arises the necessity to also safeguard the declarant’s right to silence; in the second case, the declarant’s extraneity and indifference with respect to the facts in cause renders them immune to possible sanctions carried out by the investigative bodies (Cass., Sez. Un. 13 febbraio 1997, Carpanelli).

On a par with these principles, the statements made by AMK at 1:45 on 6 November 2007, – at the end of which the interview was suspended and the woman was placed at the disposition of the relevant judicial Authority, revealing circumstantial evidence against herself –, are usable only contra alios, while the “spontaneous statements” from 5:45 are not usable, neither against the suspect nor against other subjects accused of participation in the same crime, inasmuch as they were made without due process safeguards by a person who had formally assumed the status of suspect.

On the contrary, the account written in English by Ms K and translated into Italian is fully usable, under Article 237 Criminal Procedure Code, since it is a document originating from the suspect, who had been its spontaneous material author for a defence purpose. The disposition under examination allows attribution of probative relevance to the document not only as regards it and its representative contents, but also in the strength of its particular ties, which tie it to the suspect (or accused), thereby illuminating the review of admissibility which the judge had held to be in operation.

3. The fourth, fifth and sixth grounds of the petition also lack merit. The circumstantial evidence picture specifically concerning AMK is based, in the first place, on the autopsy results, evidencing multiple contusions and ecchimotic areas on various parts of the body (nose, lip, oral cavity, cheek, mandibular and sub-mandibular region, upper and lower limbs, inner face of labia minore, abdomen, dextral latero-cervical region), an ample dilation, in the order of two to three centimetres, of the anal ring with the presence of small ecchimoses, a large wound, disposed obliquely, in the caudal-lateral sense, fully diastased, with sections of underlying tissue right to the cartiliginous layer in the left latero-cervical region, the complete sectioning of the upper right thyroidal artery, the fracture of the hyoid bone in proximity of the left median. The medico-legal tests, carried out after the necroscopic examination of the body of the victim, permitted the confirmation that the cause of death, around 22:00 hours on 1 November 2007, is ascribable to meta-haemorrhagic shock from the vascular lesion on the neck from an edged blade, occasioned by a pointed implement, capable of penetration, and with a sharpened edge able to cut tissues. The anal dilation, the observation of minute ecchimoses on the posterior part of the anal ring and, above all, the mauvish marks on the inner face of the labia minore, are suggestive of a sexual rapport carried out hastily, before the victim had had time to produce adequate lubrication, occurring in a time period proximate to that of the observation, but in any case before death, by reason of the ecchimotic lesions and their colour.

The impugned provision highlights that the complex of these medico-legal conclusions assumes a particular evidential value, in the event that place in correlation with other elements: (a) the statements made by the friends of MSCK, who without contradiction stated that the woman had spent the evening of [1] November 2007 in their company, had started to dine with them from 18:00 hours onwards and had left the house in company with SP, who, reaching her home in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than ten minutes’ walk from Via del L; (b) the outcome of the search effected at the house of RS, romantically linked to AMK, which permitted the discovery and seizure in the apartment’s kitchen, from the cutlery drawer, of a knife, having an approx. 14cm long blade and 17cm handle. The knife, not forming part of the inventory of the house occupied by AMK, MSCK and two Italian women (cf on the matter, the statements made, as persons informed of the facts, by FR and LM), presented traces of DNA on the handle attributable to AMK and on the blade traces of DNA ascribable to the victim.

Weighing against the suspect, in the opinion of the judges, there are, in addition, even in their mutability, statements by RS, who, after firstly having claimed to have remained home all evening and night with his girlfriend, stated, afterwards (cf. Interviews of 5 and 6 November 2007) that, at a certain time, Ms K had left and had come back to his house at only around one in the morning.

The judges of merit have underlined the strict correlation found between the interviews given by S on 5 and 6 November 2007, and the following further elements: (a) statements made by citizen RCB, who, returning to her country of origin, referred to the relevant Authorities the confidence received on 2 November 2007 from AMK regarding the position of the victim’s body and its condition, circumstances that, contrary to the stance of the suspect, she could not have been able to perceive on the occasion of the intervention by the police at the apartment, an intervention that unfolded in a way irreconcilable with the version furnished by Ms K to the friend; (b) statements made by persons informed of the facts FR and LM, who said that Ms K, the day of the fact, was wearing a top, which has not been found since.

The impugned provision, with logically reasoned argumentation, observes that the content of these declarative acts appears even more significant when evaluated also in the light of the written account produced by the suspect, containing relevant references to M’s scream on the night of the fact, to her reactions, consisting of huddling in the kitchen with her hands over her ears, to the presence of a man, to traces of blood noted by her on RS’s hand during the dinner that took placed at 23:00 on 1 November 2007.

Under the same lens appearing imbued with unequivocal circumstantial value is the contents of the recording, effected on 17 November 2007 inside the prison where Ms K found herself restricted to and between the woman and her parents, in the course of which there was pronounced by the accused the following words: “It’s stupid, because I cannot say anything else, I was there and I cannot lie about this, there is no reason to do so”;

These elements must, in their turn, be inserted into a larger circumstantial evidence context, cross-correlated by the identification of a print left in haematic matter present on the scene of the crime from a sports shoe, held to be compatible, by its dimensions and configuration of the sole, with the type of footwear brand “N” used by the suspect and by the failure of the alibi put forward by the young man, being demolished by the technical investigations that were carried out, by which, as he asserted, he had interacted with his computer in the hours in which, according the medico-legal reconstruction, the criminal fact would have occurred, just as also remained demolished that the young man had received a phone call from his father at 23:00, it resulting, instead, said call had occurred at 20:40.

From the same perspective, light has been shone, with precise and logical reasoning, on the circumstance that in the course of the evening of 1 November 2007, almost at the same time, telephonic traffic for AMK and RS ceased, after the latter had received a call on his mobile phone from his father at 20:40, of which reference has been made earlier and, in addition, that S, contrary to what was by him stated, did not spend the night of 1 and 2 November 2007 sleeping, it having been ascertained that the computer and mobile phone at his disposal were reactivated at dawn on 2 November 2007.

The judgment reasons, further, on the concourse aspect of the consummation of the homicide and sexual assault, on the basis: (1) of the outcome of the technical tests carried out on the palm print found on the pillow on which the victim had been placed, and it results as belonging to RHG, known to AMK; (b) of the presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper collected from inside the larger bathroom in the apartment, where there had been found faeces, resulting to have been G’s; (c) of the outcome of biological tests carried out on the blood found in the smaller bathroom of the apartment in use by the victim and by Ms K, which permitted the finding that the blood stains on the mat were referable to the victim, those found on the basin to Ms K, and to both the women the blood traces found in the bidet.

The Court, with thorough and logical reasoning, has illustrated, with full reference to the factual circumstances – inasmuch such are unreviewable in this seat of legitimacy – the reasons for the attribution of pregnant circumstantial value to the elements above recalled, proving the presence on the scene of the consummation of the homicide and sexual assault of AMK, RS, RHG (these last two both known to Ms K), has explained, with articulate and logically correct reasoning, the reasons for which they cannot find agreement with the defence deductions in terms of erroneous interpretation and reading of the recorded conversation of 17 November 2007, of the account written by Ms K on 6 November 2007, of the results of biological and medico-legal tests, of the unreliability of the technical investigations carried out on the computer and mobile phone belonging to S, and has at length examined, including in the light of aspects formulated by the defence, the entire case file, explaining the reasons of its unequivocal value.

So, the argumentative development of the judgment reasoning is founded on a coherent critical analysis of the circumstantial evidence and on its cohesion in an organic interpretative framework, in the light of which the attribution to said elements of the requisite of gravity appears supplied with adequate logical and judicial plausibility, in the sense that they have been considered drivers, with a high level of probability, with respect to the theme of investigations concerning the responsibility, amongst others, of AMK, as to the crimes put against her.

From which, given the evaluation carried out the Re-examination Court on the level of inference of the circumstantial evidence and, therefore, on the more or less demonstrative character of the same in terms of probabilistic qualification of guilt even if not of certainty, it has to be highlighted that the impugned order exceeds the threshold of legitimacy demanded by this Court, whose bench cannot hold itself back from a checking of the respect of rules of logic and of conformity with legal canons which govern the appreciation of grave indicia of guilt, as prescribed by Article 273 Criminal Procedure Code for the ordering of provisions restricting personal liberty, without being able to draw on the intrinsic consistency of the evaluations reserved to the judges of merit.

4. Unfounded, finally, are the censures formulated by AMK’s defence, on the matter of custody requirements, the Re-examination Court having correctly evaluated them, with reference to the parameters to which letters (a), (b), (c) of Article 274 Criminal Procedure Code apply the extreme gravity of the crimes carried out, having had regard to their nature and their method of consummation, the negative personality of the suspect, which emerges from the outcomes of the investigations and from the served case conduct, the specific and binding requirements relevant to the investigations in relation to the clear and present danger for [evidence] acquisition and probative genuineness, considering the necessity for completing the testing and of proceeding with the gathering of other means of declarative proof, the outcome of the handover to Italian authorities, of RHG, as well as allowing corroborations to be made, also permeates the current contrast between the different versions so far furnished of what happened, the clear danger of flight, taking into account the foreign citizenship aspect of the suspect and of the penalty of more than two years’ imprisonment, impacting on the outcome of the recognition of her criminal responsibility.

5. Refusal of the appeal leads in law to the appellant ordered to pay procedural costs.

The Registry will provide for its carrying out as prescribed by Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

FOR THESE REASONS

Rejects the appeal and orders the appellant to pay procedural costs. Disposes transmission via the Registry a copy of the provision to the Director of the penitentiary institution per Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

So decided in Rome, in Chambers, 1 April 2008.

DEPOSITED IN THE REGISTRY 21 APRIL 2008


4. Catnip Translation: Gemelli Report On Sollecito

Summary

Held: the decision to continue pre-trial prison detention for the suspect was reasonable.


THE REPUBLIC OF ITALY

IN THE NAME OF THE ITALIAN PEOPLE

THE SUPREME COURT OF CASSATION

SECTION 1 CRIMINAL DIVISION


Comprised of the most Honourable Justices:

Dr Torquato GEMELLI - President -

Dr Emilio Giovanni GIRONI - Member -

Dr Maria Cristina SIOTTO - Member -

Dr Umberto ZAMPETTI - Member -

Dr Margherita CASSANO - Member -

have pronounced the following


JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).


REASONS FOR THE DECISION


The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery – in the kitchen of his house – of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

  reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

  absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

  arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

  inexistent evidential value of the phases relative to the discovery of the body;

  absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

  absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

  irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

  interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

  attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

  insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

  missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

The appeal is unfounded.

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 – coincident with P’s visit – who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told ‘a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, – which would narrowly evaluate as innocuous youthful stereotypes –, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.

Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008

5. Highlighting Of Relevant Hoax Points

Shown in bold in the statement on Knox are:

(1) the defense appeal against the use of Knox’s 5-6 November statements framing Lumumba (reason given was ONLY no lawyer being present - a need which Knox herself had shrugged off when she herself insisted on writing out the 1:45 am and 5:45 am and noon statements) and there is zero mention of abuse;

(2) Cassation’s reasoning why the first 2 Knox statements (the 1:45 and 5:45) can indeed be used, in the “sub-trial” addressing the calunnia against Patrick, and the third (scribbled around noon) can be used in the main trial.

In neither statement is there any ruling of “illegal” regarding any actions by any interrogators. The Knox shills often falsely claim there was.


Wednesday, October 29, 2014

The Knox Interrogation Hoax #15: Dr Mignini’s Account Of Formal Warning Session Ending 5:45 AM

Posted by The TJMK Main Posters



Dr Mignini examines Knox July 2009 on the “interrogation” at her own initiative

1. Overview Of This Post

Post #1 includes an overview of the entire series and links to all posts up to this one.

Knox has repeatedly claimed that Dr Mignini was present at the informal summary/recap session led by Inspector Rita Ficarra, the actual purpose of which was merely for Knox to suggest a few possible leads the police might interview.

He wasn’t there, though. And he has repeatedly explained that at the second session ending with a second insisted-upon statement by Knox at 5:45 AM, his entire role was to read Knox her rights, and to advise her to say no more until she had appointed lawyers. (Regardless, she then insisted on dictating that second statement.)

Dr Mignini more than anyone else at the central police station that night developed a complete overview of how the two sessions had proceeded.

THREE TIMES Knox willingly put herself under his questioning (December 2007, January 2008, July 2009) to attempt to shake this. While his questioning was formal, polite and quite mild, Knox’s recollection of 5-6 November was scrambled or devious (some think she and RS were both high on hard drugs).

So by the end of those sessions Knox seems to have made a complete disbeliever of Dr Mignini, swayed few if any in Italy, and certainly did not sway the judges of the trial court or any appeal court.

But few English-language reporters other than Andrea Vogt, John Follain and Barbie Nadeau have interviewed and reported Dr Mignini in depth fairly, and there are a number of English-language reporters to whom he kindly gave time who mangled what he lucidly and fairly explained to them.

In July 2009 Dr Mignini wrote an acerbic email to Linda Byron of Seattle TV to attempt to straighten out her own understanding, and although she seemingly tried to hide it, we captured it and translated and posted in full his explanation.

Highly worth reading.

In mid 2011 a similar thing happened. Drew Griffen of CNN was given a three-hour on-camera interview - and sarcastically broadcast cherrypicked and mangled responses from Dr Mignini. Again we obtained Dr Mignini’s full statement, and Skeptical Bystander posted the whole thing in three long parts, with translation by Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

Again, highly worth reading.

In the first 20 minutes of the second hour of the interview, Drew Griffen tried to give Dr Mignini a hard time over the so-called Knox interrogation. Drew Griffen was abysmally informed of the testimony at trial we have been posting and had no idea of the substance of Knox’s one interview on 5-6 November or the fact that this was merely a recap/summary session not ever requiring recording.

Dr Mignini had not himself testified at trial, and he led the testimony of others present on 5-6 November very fairly and without defense protests about any bias. And Dr Mignini is not under oath here. However this 20-minute segment is important, for it reinforces that Knox was treated extremely fairly and she had no genuine reason for complaint about it.

2. From Mid-2011 Interview By CNN With Dr Mignini

0’40’’ English question [Translator’s note: These words are in English in the Italian transcript of which this document is a translation.]

0’48’’ CNN: You didn’t interrogate Amanda?

0’50’’ Mignini: Oh, the police interrogated her. I was told about it. I wanted to explain this. I remember that I had gone to sleep and the director of the flying squad, Dr. Profazio, called me, because he tells me: “There are developments; Raffaele in fact has denied what he had said before”. So I went down and the head of the flying squad told me what had happened. At some point they tell us that Amanda has made this statement.

And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda, who had placed herself on the scene of the crime and who said that she had accompanied Lumumba and let him in and that then Lumumba, in the other room, allegedly committed a sexual act and killed Meredith. This is what she said.

2’11’’ Then I was called, I was informed about this, I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba.

20’48’’ Then I, as I had in some way to, let’s say… this police interrogation had been suspended. At that point I remember that… they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter, who was Mrs. Donnino, I remember there was a police woman officer who wrote the statement down [verbalizzava], I did not ask questions. She basically repeated what she had told the police and she signed the statement. Basically I didn’t ask Amanda questions. Not before, since the police asked them and I was not there, and not after, since she made spontaneous statements. Had I been asking her questions, a defense attorney should have been there. This is the procedure.

05’24 CNN: She had an interpreter during the whole time?

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

05’32’’ Mignini: Look the interpreter was there, when I heard her there was the interpreter. The interpreter Anna Donnino, who is an interpreter for the police; she was hired by the police.

Just like I believe that there was [before], I do not have the minutes now, but yet now this is a fact, it is undisputed that there was an interpreter.

06’02’’ CNN: Amanda Knox says she was interrogated for 14 hours…

06’11’’ Mignini: No, look, absolutely not. At 1 a.m., the minutes of Nov 6th has started at 1 a.m. and I arrived, 14 hours that cannot be, we are really… that’s absolutely impossible. So the minutes were done at one o’clock, then the minutes of the spontaneous declaration was taken at 5.45, it maybe lasted half an hour because no questions were asked. She made her statements; they were translated; then at around 8 a.m., I think, at approximately 8, I drew up the detention order. Thus it is… well, she had been heard earlier, so she had been questioned as a person informed of the facts at around one forty-five a.m. She had previously been heard by a female police officer, but [that’s] because she had gone voluntarily to the police and she reported that, she said things quite relevant to the investigation of Raffaele and was heard by the inspector [Rita] Ficarra. However this [event] ... I was not there, I do not know [about it]. But remember, there are the minutes. Then the minutes in which she was questioned as a person informed of the facts starts at 1:45 of November 6, and cannot have lasted 14 hours ... in no way whatsoever. Then she was arrested at around 8 a.m. or at about 9 a.m. or so.

08’16’’ Mignini: Look, I remember what I saw when I saw her personally, because she said, I told her: “you can make, if you deem it [necessary], a spontaneous statement, because Italian law provides for this. If a person is aware that he/she is suspected [under investigation], may request to speak before a magistrate, it happened many times, they came also to me, and they say “I want to make a statement”. Very well, I listen. If I listen, I wanted this to be highlighted…. to be clear, I listen and that’s all, and I ask no questions, the defense attorney may be not present. But if I ask questions and I object to the facts [of your answers], it is like an interrogation and thus we would need a defense attorney.

09’10’’ CNN: was [Amanda Knox] scared?

09’11’’ Mignini: Well, I recall this feeling that I had in that moment which, [as] I am explaining to you, in the spirit in which I am doing this interview, to explain to you the acceptance [adozione] of our requests [provvedimenti], what was, why the trial went in a certain way. [Translator’s note: The Italian in the CNN transcript is nearly incomprehensible. We have provided the foregoing on a best effort basis.]

09’36’’ She was, she seemed to me like she was uplifted, freed of a weight, and terrified of Lumumba. That’s an impression that has stayed with me, yet I don’t understand. I remember that there was a policeman who was called, from the SCO [Servizio Centrale Operativo] in Rome, who made an impression on me because he was very fatherly. She was crying as though freed of a great weight, and he was trying to console her. I remember there was also a policewoman who, well, she…[missing word?] and I’m sure that.. [missing word?] .. well, all that picture how it was described later… at that moment it wasn’t like that. Right then, there was a situation in which I was trying to console her, to encourage her, because actually we believed that she had told the truth.

11’03’’ CNN: No one hit her?

11’06’’ Mignini: No, look, absolutely not. I can state this in the most positive way, and then, let’s say… I wasn’t there when she was being questioned by police, the rooms are quite far away… you don’t know but I was… it’s quite far, there’s a corridor, and I was with the director, Dr. Porfazio, and she was being questioned in a different place. I also remember that passing through, I also saw Sollecito who was alone in a different room; he was also being questioned, as I recall. I don’t exclude…well…it’s clear that I wasn’t there, but I don’t believe that anything whatsoever happened, and in my presence absolutely not.

11’55’’ On the contrary, there was an attitude of… I mean they gave her [some] ... [missing word?] then she was like, you know, like someone crying from a sense of liberation, as though she had been freed. That was the attitude.

12’51’’ CNN: Why wasn’t there any video or transcript of those hours?

13’00’’ Mignini: Look, that’s, I was at the police station, and all the…let’s say…when I made investigations in my own office, I taped them. I taped them, we have an apparatus for that, and I transcribed them. For example, there’s the interrogation of the English girls, Meredith’s friends, it was all taped. The interrogations of Amanda in prison were taped, and then transcribed, and we have the transcripts of… But in a police station, at the very moment of the investigation it isn’t done, not with respect to Amanda or anyone else. Also because, I can tell you, today, even then, but today in particular, we have budget problems, budget problems that are not insignificant, which do not allow us to transcribe. Video is very important…I completely agree with you that videotaping is extremely important, we should be able to have a video recording of every statement [verbale di assunzione di informazioni] made Because what is said is very important, but it’s maybe even more important how it is said, the non-verbal language. Because from the non-verbal language you can [missing words].

15’14’’ Mignini: It isn’t only Amanda, it’s always like that. But I wanted to say that I agree with him that it’s fundamental, only there’s a problem, especially when the witnesses are so numerous, and in fact just recording, I mean recording the sound, isn’t enough according to me.

15’38’’ CNN: It doesn’t cost much, he says.

15’40’’ Mignini: Well we have significant budget problems, that’s what it is.

15’38’’ CNN: So in the end, you did get a confession. But then, everything that was written in the confession became a lie?

16’16’’ Mignini: But then, there was the fact that she placed herself at the scene of the crime, and Lumumba wasn’t there, together with the three of them, the two of them, but Rudy was there, according to the facts that emerged later. But the fact of having accused…and she’s even accused of calumny in regard to Lumumba, was an element that was very important from the point of view of her legal position at the trial. Why accuse someone of participating in a crime, placing yourself at the scene of a crime? Because with those declarations, she placed herself at the scene, at the place of the crime. And she placed someone there who was a complete stranger to it. Why did she do that? There is one detail that’s particularly significant. Above all when Lumumba was arrested and no one – if it hadn’t been for the Public Prosecutor’s Office that conducted the investigation, and that is mandated to seek elements in favor of the accused, Lumumba would have stayed in prison. But we investigated, and we saw that Lumumba wasn’t involved, that he was the object of calumny and so he was freed and the case against him was archived.

18’15’’ CNN: Was she asked to imagine what might have happened?

18’24’’ Mignini: No, absolutely not. Either you saw a person or you didn’t. I can’t ask someone what they imagine because it would be a question that doesn’t mean anything, that I even don’t understand.

This really does finish our posting of the case for the prosecution on this “interrogation” issue, though at least half a dozen other investigators provided supportive testimony which we have not yet quoted.

Next, how all of the Italian courts up to Cassation concluded that Knox’s claims were unsupported, contradictory, and damaging, and how her three-year prison sentence served was well justified.


Thursday, October 16, 2014

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #4

Posted by Yummi, Catnip and Kristeva



Inmate-chefs at Capanne Prison, from which Knox was making a bid for release

1. Getting Up To Speed On This Fourth Post

How much serious questioning was Knox subjected to prior to this voluntary interview six weeks after her arrest?

In fact, none. In the early days of November, after Meredith was found dead, she had several less-formal “recap/summary” sessions with investigators on possible leads (as did many others), which the defenses conceded without argument at trial were simply that and no more.

So these were the first serious questions put to Knox - politely, and Knox is essentially not argumentative throughout

The transcript was in the evidence pile and all judges except Hellmann seem to have studied it hard. This was also the first-ever interview of Knox by Dr Mignini, as prosecutor appointed to the case. He had seen her twice at the house and heard her at her strong insistence early on 6 November.

But they had never before really talked.

Prior to this, Knox had already emanated over a dozen differing versions of what she wanted to claim took place and the police and prosecutors and Supervising Magistrate Claudia Matteini had tried to make sense of those. 

2. Our Translation Of Approximately The Fourth 40 Minutes

This is the fourth 40 minutes of the voluntary interview which lasted in total about three hours. For a full understanding it would really be best to read (1) our first post and comment thread and (2) our second post and comment thread. and (3) third post and comment thread.

Transcript of Interview 17 December 2007: Statement of Interview Of Ms Amanda Knox (cont)

PM Mignini: After having talked, after you were heard at the Questura, did you go away or did you wait?

Knox: The first day I was questioned I was there for hours… maybe 14…

Interpreter: The first time it seems to her that she had been there a very long time, 14 hours

PM Mignini: But questioned

Knox: No, maybe they questioned me for 6 hours but I stayed at the Questura a very long time…

Interpreter: It must have been more or less 6 hours that Amanda was questioned but staying in the Questura must have been about…

PM Mignini: But was there… were you in the waiting room?

Knox: Yes the whole time together with everyone else we were there in the waiting room…

Interpreter Yes, yes together with the other ones

PM Mignini: And who were the other people?

[82]

Knox: The housemates, and later others arrived… After quite a long time our neighbors arrived, after a while some people Meredith knew arrived, her friends

Interpreter: Her housemates and then other people who arrived later, the neighbors after a while… and after, Meredith’s friends arrived, the people Meredith knew…

PM Mignini: But did you speak to them? Did you exchange any confidences?

Knox: Yes we were all there and I said “it appears that Meredith’s body was found in a closet”

PM Mignini: Who said that?

Knox: I remember talking to her friends and I remember telling them that it appeared the body had been found inside a closet…

Interpreter: She remembers having said it to Meredith’s friends

PM Mignini: But friends, who? You must tell us the name… a name even just the name…

Knox: I remember having talked to Sophie… But I don’t know the name of the other friends

PM Mignini: A certain Natalie? From London

Knox: The name sounds familiar but I don’t think I could recognize her face

Interpreter: She can’t tie the name to her face but…

PM Mignini: And what were you saying? What kind of comments were you making?

[83]

Knox: I told them what I knew, I told them that I had arrived home and found the door open, and told them what I knew…

Interpreter: She told what she knew that she had arrived home and found the door open

PM Mignini: Did you ever see, did you see in those moments the wound on Meredith’s neck?

Interpreter: Up to the moment?

PM Mignini: In that moment.

Knox: I never saw Meredith dead, I never saw her dead body…

Interpreter: No, she never saw her dead

PM Mignini: Ok, but was there anyone that night who said, anyone who said that she had died quickly? Did someone else say that she must have suffered for a long time… was there anyone who said this?

Knox: Nobody of the people I talked to knew what had happened…

Interpreter: No, none of the people she talked to said something… knew what had happened

PM Mignini: Did you come to know, did you ever come to know, and if yes, when, in what moment, Meredith had died… that is, if Meredith’s death was immediate or if it was prolonged, if there was a death agony… if yes, when did you find that out?

Knox: The only time when I heard of this was when Luciano [Ghirga] was describing the wound and how deep it was… What kind of wound it was and he said “maybe she died slowly because no big vein had been struck”

Interpreter: So, the first time you had heard talking about the wound and how she died… when was it with Luciano?

Lawyer: The morning of the 8th

[84]

PM Mignini: So, after the 6th…

Lawyer: The morning of the 8th

PM Mignini: The morning of November 8th

Lawyer: After the arrest validation [hearing]

Interpreter: And there she found out that no vital vein was directly struck and therefore…

PM Mignini: You say that she came to know on the 8th from the lawyer.

Lawyer: From the lawyers.

PM Mignini: From the lawyers, sorry.

Lawyer: We always came all together

PM Mignini: Either one or the other [of you] could have told her… so… [talking to Knox] I formally notify [for the record, a contradiction] that an Erasmus student and a colleague of this student, they said, on this past December 10th that on the night of the second in the Questura, while having… a girl called Natalie, I won’t tell you her last name but she… she was a friend of Meredith, she had noticed that you were talking at length with Sollecito, and at a certain point, in response to a comment made by one of these girls that they hoped Meredith had died without suffering, you instead said “ with those kind of wounds the death would not have come fast and that therefore Meredith must have died after a certain period of time”. I’ll reread it to you if you’d like, ok?

Knox: The police told me that her throat was cut, and what I know about that topic, I mean when they cut your throat, it is terrible and I heard that it’s a horrible way to die…

Interpreter: Yes the police had told her that Meredith’s throat was cut and what Amanda knew is that it’s an agonizing way to die…

[85]

PM Mignini: But this is something we found out after, we too found it out only later… not right away…

Knox: The police told me that her throat had been cut.

Interpreter: The police had told her that her throat had been cut.

PM Mignini: Who from the police? Excuse me I’d like to know… cutting the neck, it can happen in many ways, vital veins can be struck and might also not be struck, therefore one thing is about cutting the throat, and another is about the way how to cut it and therefore make it so that the death occurs instantaneously, or cause a death with agony. On the evening of the second, if it’s true, according to these results, on the evening of the second you knew that, with those kind of wounds, she must have suffered an agony… and the police didn’t know that…

Knox: I thought that a death by cutting the throat was always slow and terrible…

PM Mignini: The autopsy was made on the fourth, two days later

Interpreter: What she thought was that cutting the throat was always a slow death in general

PM Mignini: It’s not like that…not necessarily… anyway, who from the police told you about the neck wound? Tell us.

Knox: It was probably the interpreter…the first interpreter was the person I talked to the most… all information I had came more or less from him…

Interpreter: Probably the translator/interpreter

PM Mignini: Therefore, therefore he told you while you were being heard…

Lawyer: She was in there 12 hours

[86]

Knox: When I was in there I was talking to the police and they told me that her throat was cut… the whole conversation was between me and the interpreter. It was him who must have told me, a long time has passed but I think it was like that…

Interpreter: Directly from the interpreter, indirectly from the police

PM Mignini: So [it was] when you were questioned. Not before.

Interpreter: No, before she was questioned she didn’t know how she was…

Knox: No, when I was home the way she died…

PM Mignini: Before being questioned… you were questioned until 15:30, until what time have you been heard? You were being heard since 15:30, until what time were you being heard?

Knox: I don’t know it was a long questioning…

Lawyer: She had been heard in the presence of an interpreter, maybe the interpreter…

PM Mignini: It was D’Astolto… Fabio D’Astolto

Lawyer: The interpreter was present from the beginning or only from the questioning onwards?

PM Mignini: Yes, well he was a policeman acting as an interpreter, translating. Fabio D’Astolto. Assistant D’Astolto. When and how, in what terms did D’Astolto express himself, this translator what did he tell you?

Lawyer: When?

PM Mignini: When and what did he tell you

Knox: I don’t remember when but I asked him how she died

Interpreter: She doesn’t remember when but she asked him how she was killed…

PM Mignini: And he pointed out to you the wound on the neck. The wound on the neck and that’s all. Fine. This translator.

[87]

Lawyer: [to the Prosecutor] You referred to an Erasmus student who had said that on December 10th.  Ms. Natalie would have said this.

PM Mignini: Yes

Lawyer: And is the Erasmus student indicated [in the records]?

PM Mignini: It is indicated

Lawyer: Do we have a name?

PM Mignini: Capruzzi, Filippo and the other one is a certain, a colleague of his, Chiara, Maioli.

Lawyer: So it was two Erasmus students

PM Mignini: Two Erasmus students who confirmed this confidentiality from this English girl. Some… this is the December 10th hearing report… ok

Lawyer G. She clarified if she had talked with the interpreter, with someone before…

Lawyer C. We have clarified that the interpreter was not an interpreter but was a police officer who speaks English and that apparently was present from the beginning and therefore at this point…

PM Mignini: Wait.. one moment… did you, did you… did you see this person who was translating at the house?

Knox: No

Interpreter: No

PM Mignini: Perfect

Lawyer: She was approximately 12 hours in the Questura and at some time she heard the first… let’s call it questioning but it was a long time, and before the questioning she heard of this wound on the neck, is that right?

[88]

PM Mignini: During the questioning, you said before, during the questioning so much as this policeman translator was present, therefore… no I’m very sorry, who did you hear this from? The translator? The policeman

Interpreter: About the wound? The first time?

PM Mignini: The wound

Knox: I think so

Knox: The first time?

PM Mignini: Yeah

Interpreter: I think the interpreter the first time

PM Mignini: And it would be this D’Astolto… so this D’Astolto told you, please excuse me you told me this “it was D’Astolto” now… therefore this D’Astolto told you this during the course of the questioning?

Knox: I think so…

Interpreter: Yes, she thinks so

PM Mignini: Ok, one more thing, so the… you did, the morning of the… actually no, the night between the fifth and the sixth of November, you did, let’s say partially modify your previous declarations, so then you modified your previous declarations and you made a specific accusation against Patrick Dia Lumumba known as Patrick. You said that you were supposed to meet with Patrick, that you met with Patrick at the basketball court of Piazza Grimana, that you went to Meredith’s house, to your house, and then he had sex with Meredith, then you heard a scream and you accused him even if in terms you say “confusedly” of killing Meredith. Isn’t that so? Why did you make this accusation? … Now remember, I was hearing you, I was present, you were crying, you were

[89]

profoundly upset, and you were as if relieved when you made this statement.

Lawyer: Maybe she was stressed?

PM Mignini: Well, stressed or not, in any case she was very   she made these declarations

Lawyer: You asked her a question “Why did you make these declarations”?

PM Mignini: Well I also have to…

Lawyer: Eh these are opinions

PM Mignini: I am saying that you made a declaration not in a detached way, in other words in a very involved manner, why did you make these statements?

Knox: I was scared, I was confused, it had been hours that the police that I thought were protecting me, and instead they were putting me under pressure and were threatening me.

Interpreter: She was scared, she was confused, it had been hours that the police were threatening and pressuring her.

PM Mignini: Yes, tell me, go on

Knox: The reason why I thought of Patrick was because the police were yelling at me about Patrick… they kept saying about this message, that I had sent a message to Patrick…

Interpreter: The reason why she thought of Patrick was because the police was asking her who was this Patrick to whom she sent, with whom there was this exchange of messages, they were asking her insistently.

Knox: That was the worse experience of my life

Interpreter: The worse experience of her life

[90]

Knox: I had never been more confused than then

Interpreter: She had been so confused or scared

PM Mignini: But in the following memoriale [spontaneous statement around noon 6 November] that you wrote before going to prison, basically you don’t retract this accusation. Even if in terms, still in terms let’s say of uncertainty, between dream and reality, in other words in such a way … still you didn’t … I believe that in this memoriale you say “I still see this image in front of me” and then you see yourself while hearing it, you say that in that first memoriale you wrote “you hear Meredith’s screams and you put your hands over your ears”. Why do you have this image? Your ears… the scream… it’s not like it’s changing much after all isn’t that so?

Lawyer: No, but she says she was very confused… she was under a lot of stress

PM Mignini: Yes, but why does it basically remain the same, this one…

Knox: Yes, I imagined these things…

Interpreter: Imagined this scene

Knox: I was so scared and confused

Interpreter: I was so scared and confused

Knox: that I tried to imagine what could have happened. The police told me that I was probably not remembering well. So I thought of what could be another answer and therefore I imagined it…

Interpreter: She tried to think of what could have happened since the police was saying that probably she didn’t remember well. And therefore she imagined this scene, trying to think how it could have happened

PM Mignini: Well, you, I just tell you, I tell you only that this Dia Lumumba, this Patrick, only comes up in your statements, he wasn’t, he has never been indicated previously in the slightest, I mean why did you, why did you almost feel…

[91]

...forced to, so you say, to give this name? While this name had never been, you had never mentioned him previously… in the statements of the 2nd, the 3rd…. Why only at a certain point di this Patrick pop up? I’m telling you, do you realize… excuse me, eh? … excuse me….

Knox: They were telling me “why did you send this message to Patrick, this message to Patrick!”

Interpreter: Because they were always insisting about this message to Patrick and because…

PM Mignini: Well because there’s the message so [it’s] the message but it’s just that, it’s not that there was an attitude, I mean it’s not like there was any reference to a message according to what emerges from the statements. In fact there was a message that you… since there had been an exchange of messages right before the time of the murder between you and this person it’s normal that the police would want to know why, what this message meant, this… therefore it’s not something… why did you threw yourself in this kind of… ? While you had, you had the possibility to…?

Knox: Because I thought that it could have been true

Interpreter: Because she thought it could have been true…

PM Mignini: It could have been true?

Lawyer: Why?

Knox: When I was there, I was confused…

PM Mignini: [to the lawyers, ed.] No, no, excuse me, at this point no, I’m sorry. Not the lawyers. The defense can intervene against me but against the person investigated…?

Lawyer Ghirga: But there was no question… Prosecutor there was no question

PM Mignini: It could be true. What does it mean?

[92]

Lawyer Ghirga: There was no question

PM Mignini: What? I am asking the question.

Lawyer Ghirga: Then ask it.

PM Mignini: What does it mean, how ‘could it be true’? What?

Lawyer Ghirga: What could be true?

PM Mignini: Excuse me, lawyer

Lawyer Ghirga: It’s like the phone call with her parents

PM Mignini: What could be true

Lawyer Ghirga: It’s like the phone call with her parents

PM Mignini: …Lawyer Ghirga… what…?

Lawyer Ghirga: [seems to Knox] What do you want to say then? Let’s ask her…

PM Mignini: Excuse me, I am asking the questions, I am asking them now

Lawyer Ghirga Yes of course

PM Mignini: Then after you can… I am asking her…

Lawyer Ghirga: Yes of course, we will ask them too…

PM Mignini: Lawyer… she is saying “it could have been true”…

Lawyer: What?

PM Mignini: “it could have been true”. She was telling me why did she accuse Lumumba of this fact? “It could have been true” is what she answered. Gentlemen, here…

Knox: I said it because I imagined it and I thought that it could have been true…

Interpreter: She said because she had imagined it and therefore she thought it could have been true.

[93]

PM Mignini: Look, listen… listen, why did you imagine it?

Knox Why?... Because I was stressed

PM Mignini: Why didn’t you imagine…

Lawyer: No she was answering

PM Mignini: Yes; what did you want to say?

Interpreter: Because she was under stress…

Knox: Knox: Why? I was stressed, I was scared, it was after long hours in the middle of the night, I was innocent and they were telling me that I was guilty

Interpreter: Because they were saying that she was guilty

PM Mignini: Who was saying it? Guilty who’….

Interpreter: After hours…

Lawyer: Excuse me, prosecutor, if we can correctly compile this translation, these words that were said in English at the right moment

PM Mignini: She is crying, we acknowledge, I’m sorry, we acknowledge that the… investigated is crying.

Interpreter: Because she was stressed, scared under pressure after many hours, she was… in the middle of the night, they had reached the middle of the night and because they were saying that Amanda was guilty.

PM Mignini: Who was saying that she was guilty?

Interpreter: The police

Lawyer: The police was accusing her

Interpreter: The police was accusing Amanda

[94]

PM Mignini: Why… why did you accuse Lumumba and not others? How many people did you know who could…

Knox: Because they were yelling Patrick’s name…

Interpreter: She accused Patrick and not others because they were always talking about Patrick, suggesting…

PM Mignini: The police, the police couldn’t suggest…

Interpreter: Yelling Patrick’s name

PM Mignini: Excuse me, what was the police saying?

Interpreter: What did the police tell you?

Knox: The police were telling me that ‘we know that you were at the house, we know that you left the house’, and the moment before I said Patrick’s name they put.. someone was showing me the message that I had sent on the phone

Interpreter: The police said that they knew that Amanda was inside the house, and when she went in, when she went out, that she was inside the house, and while they were asking her this someone showed her Patrick’s message on the phone.

PM Mignini: But this is… But this is normal. You… there was this message… I’m sorry, I’m very sorry. There’s a murder here. There’s a girl whose throat is slit, there was a phone number, there was a call that had been made, you were being heard. There was a call that had been made to you on the night of the murder from this person, you replied to this call in a way that could have been interpreted, according to the meaning in Italian “will see you”. Eh, so what is more normal than to insist? The police are doing their job. They insist to know, what did that mean, what was the, what relationship was there between you and Lumumba. This is normal.

[95]

Knox: I didn’t understand why they were insisting that I was lying… they kept telling me that I was lying…

Interpreter: She didn’t understand why they were insisting that she was lying.

PM Mignini: Why are you…?

Interpreter: The police was insisting that she was lying.

PM Mignini: But why did you accuse, then if it was like this….  Again you are, you are crying again, for a long while since you started, I put in the record, I put in the record that… it’s been ten minutes that you have been crying. Why did you accuse a person that, today, you’re telling us he is innocent, but earlier you just told us “it could be true” what does “it could be true” mean? You have told me “it could be true”.

Lawyer: The subject is missing

PM Mignini: No the subject is there, because I asked the question. Why did you accuse Lumumba?

Lawyer: Can we suspend a moment please?

PM Mignini: What reason?

Knox: It means that in the moment when I told Patrick’s name, I thought that it could have been true.

Interpreter: In the moment in which she said Patrick’s name, in that moment, she thought it could have been true.

Lawyer Ghirga: We ask for a suspension… she is calm, you say she is crying, and we think she’s not.

PM Mignini: I put that in the record it because I could see the tears, she was crying and I could hear her too.

[96]

Lawyer: It was not ten minutes long

PM Mignini: Well, even more, maybe

Lawyer: maybe, no less

PM Mignini: Let’s interrupt, break off.

Lawyer: You asked her six times…

PM Mignini: For Heaven’s sake, let’s interrupt, break off.

(interruption)

[from this point on Amanda declares her right to remain silent]

PM Mignini: So, at 15:12 lawyer Luciano Ghirga resumes the interrogation

Lawyer Ghirga: In the name of the defensive collegium we submit a reason to confer personally, privately, we mean alone together with our client, for a time not longer than ten minutes.

PM Mignini: So, the Public Prosecutor is pointing out that the interrogation had already been suspended and it’s 15: 13 now, pointing out that the interrogation was suspended several times, and the last time for, how long? Ten minutes on request of the defence, and the defence will be allowed to fully have counsel with the person under investigation at the end of the interrogation. [The Public Prosecutor] orders to proceed, orders to go forward with the investigation procedure. So now I would like…

Lawyer Ghirga: If you may, ask to the suspect, to the person under investigation, whether she intends to go on or to invoke her right not to answer…?

PM Mignini: This is a… it’s a… it’s a… she decided to answer questions at the beginning. Now if she decides to make a statement where she says “I don’t want to answer any more” she’ll be the one who says it, and it’s not that I must ask now, that question was done at the beginning of the interrogation. If now she wants to say…

Knox: I prefer not to answer any more…

[97]

Lawyer Ghirga: What did she say?

Interpreter: She doesn’t want to answer anymore.

PM Mignini: So, at this point, at 15: 15, on a question asked by the defence lawyers, about whether the person under investigation intends to go on answering or not…

Lawyer Ghirga: To your questions

PM Mignini: To a question by lawyer Ghirga… yes, well, Lawyer Ghirga asked her that

Lawyer: He didn’t first ask the question

Lawyer Ghirga: But what question did I ask?

Lawyer: We told you to ask her…

PM Mignini: Yes, you asked me, and I did follow the request. But…

Lawyer Ghirga: She made a declaration, and we took note, unfortunately, about forbidden suggestions… but on what request…?

PM Mignini: Now at this point, at 15: 15 the defence lawyers… Let’s put like this, the defence lawyers ask this Prosecutor about whether he intends to ask the person under investigation if she intends to go on answering questions, but then, after my decision, Lawyer Ghirga said…

Lawyer Ghirga: Who said? You said

PM Mignini: You asked her, I put in the record what happened, it’s recorded anyway, this is what I perceived you asked her, and she answered “I do not intend to answer”, she said, and then the interpreter…

Lawyer Ghirga: I asked whether she intended to make a statement, and she made a statement

PM Mignini: You indicated that to her, it changes nothing, doesn’t change… I must only put in the record what happened. The public prosecutor points out that…

[98]

...the warning about the right not to answer was explained to the person under investigation at the beginning of the interrogation, as provided by the Code, and that same [person under investigation] declared she wanted to answer. It is not possible now to invoke the duty to inform the suspect about her right, because such requirement has been already fulfilled. Anyway the person under investigation can, if she decides to, declare that she doesn’t want to answer any more. Such option has been shown to the person under investigation by lawyer Ghirga.

Lawyer: ...by the defence lawyers

PM Mignini: By the defence lawyers, to the person under investigation. What do you want to do?

Lawyer: What do you mean by “It was shown?”

PM Mignini: It was shown, because you said… I need to put in the record what happened. The lawyer… Facing my warrant which I described, the notice was provided at the beginning of the interrogation as the code requires. She said “I want to answer, I do not intend to invoke my right not to answer”. That answer had been given already, I informed her, and she answered. Now to this, at this point, however, I said nothing prevents her from wanting, from declaring “at this point I do not intend to answer any more”. I put it in the record and I don’t ask why, at that point, at that point.

Lawyer: You should not put in the record “the defence lawyers have shown…”

PM Mignini: “at that point”

Lawyer: We did not show anything, we asked to be allowed to, well… and you said no.

PM Mignini: So… lawyer, lawyer?

Lawyer: And you said no, and we didn’t have the possibility to show her…

[99]

PM Mignini: Lawyer Ghirga… Lawyer Ghirga…

Lawyer: that she might invoke her right to not answer. It’s not that it’s we who’ve shown this possibility this is what I want to explain…

PM Mignini: Lawyer Ghirga told her something, so…?

Lawyer Ghirga: No, no, I only said, if you could give us a ten minutes suspension

PM Mignini: You told her something, now come on… I need to put that on record

Lawyer Ghirga: what did I say…

PM Mignini: You have shown, I don’t know if the other lawyer did too, you told, Lawyer Ghirga, you told the person under investigation about… You said, if you can, if I remember correctly,  we’ll hear her again…

Lawyer Costa: It was me who told her, Mr. Prosecutor

PM Mignini: So I understood Lawyer Ghirga… Lawyer Giancarlo Costa declares he explained that, I didn’t say anything else

Lawyer Costa: ... To Ms. Amanda Knox to use her right to invoke her right not to answer

PM Mignini: ... And she herself declares so, she is supposed to declare what she wants

Lawyer: She has already said that

PM Mignini: Let’s repeat it since with this superimposition of voices… the interpreter will translate faithfully word-by-word what you say.

Knox: At this point I don’t want to answer any more

Interpreter: At this point she doesn’t want to answer any more

PM Mignini: So “at this point I don’t want to answer any more”. We put on record that the current transcript was recorded entirely.

[100]

Lawyer Costa: Mr Public Prosecutor, we lawyers may renounce to our own time terms of deposit if Your Honour would give us a copy

PM Mignini: Yes, no problem… at 15: 22. The parties demand a transcription, I mean the defence lawyers request the transcription of the recording.


Wednesday, August 06, 2014

Questions For Knox & Team: Why Does Book Need To Smear Italian Officials So Blatantly?

Posted by Peter Quennell



HarperCollin’s Jonathan Burnham and Claire Wachtell who edited and published Knox’s book

1. Reminder For Knox Book Team

Presumably your team remembers this jubilant (and to Italy pretty insulting) book announcement.

It was made on the day when you agreed to pay Amanda Knox a rumored $4 million, for a “full and unflinching”  account” of “her struggle to cope with a nightmarish ordeal” and you set out your hopes and intentions.

NEW YORK (AP)—Amanda Knox has a book deal.

The young exchange student whose conviction in Italy and eventual acquittal on murder charges made headlines worldwide has an agreement with HarperCollins to tell her story. The 24-year-old Seattle resident, imprisoned for four years in Perugia, Italy, has not publicly discussed her ordeal beyond a brief expression of gratitude upon her release last October.

Knox will give a full and unflinching account of the events that led to her arrest in Perugia and her struggles with the complexities of the Italian judicial system,” HarperCollins said in a statement Thursday.

“Aided by journals she kept during her imprisonment, Knox will talk about her harrowing experience at the hands of the Italian police and later prison guards and inmates. She will reveal never before-told details surrounding her case, and describe how she used her inner strength and strong family ties to cope with the most challenging time of her young life.”

The book, currently untitled, is tentatively scheduled for early 2013.

“Many accounts have been written of the Amanda Knox case, and countless writers and reporters have speculated on what role, if any, was played by Knox in that tragic and terrifying sequence of events,” HarperCollins publisher Jonathan Burnham said in a statement.

“No one has yet heard Amanda Knox’s own account of what happened, and this book will give Knox an opportunity to tell the story in full detail, for the first time. It will be the story of a crime and a trial, but also a moving account of a young woman’s struggle to cope with a nightmarish ordeal that placed her at the center of a media storm, and led to her imprisonment.


2. So Why Multiple False Accusations Like This One?

May we ask? Was truth too was in the contract, as Knox had just served three years for lying? Was due diligence on Knox’s claims done before the book deal was done and the book shadow-written? What was expurgated at the last moment and why were UK and Italian editions halted?

Did your shadow-writer Linda Kulman and your editor Claire Wachtell got in touch with at least some of the mentioned people in Perugia?  And where there were multiple accusations of crimes against Italian officials, did you give all the targets, or at least some of them, any chance at all to explain their side?

The Knox book has been out for nearly 18 months now. You have paperback and Kindle and audio editions. This very serious accusation of Dr Mignini in the box below has gone globally viral.

It is unique in the ferocity of an accusation that could wreck a prosecutor’s career, even send him to prison. And it could cost Knox serious additional prison time if proved wrong - as it already has been. See below the quote for the truth. Not only was Knox not interrogated at all - Dr Mignini was not even there.

[This is from pages 90 to 92 on the voluntary recap/summary session.

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.”


This False Accusation In Knox’s Book, Challenged

In multiple pages of testimony at trial four years prior to the book it was made crystal-clear that Dr Mignini was not even there then at the central police station.

See the hard facts summarised below. He was only called in later, after Knox insisted in writing her first false accusation, and his only roles were to warn Knox she needed a lawyer and to observe while she insisted on writing a second accusation.

    (1) Amanda Knox turned up at the Perugia central police station late at night, unwanted and grumpy, and was advised to go home and get some sleep.

    (2) Inspector Ficarra later said if she really wanted, she could help, she could build a list of possible perps, in a recap/summary session (not an interrogation).

    (3) For maybe 45 minutes, starting at 12:30 am (when the interpreter arrived), Knox quite calmly listed seven names along with maps drawn.

    (4) Knox had a wailing conniption, which really startled the four others present, when Knox saw an outgoing text to her boss she had just said wasnt there.

    (5) Police did what they could to calm her down, and she insisted on writing out three statements in supposed elaboration in less than 12 hours.

    (6) She was warned she should have a lawyer each time, the second warning by Dr Mignini, but each time she shrugged off this advice and pressed on.

    (7) Cassation ruled the first two statements could not be used to indict Knox at the murder trial, but all three could be used to argue her framing of Patrick.

Who believes this? The defense teams! Do read the numerous court transcripts of testimony describing events on that night. Not one defense lawyer challenged even one word of the above.

Legal Prospects For HarperCollins Of The False Accusations

Have you ever had any book out, ever, which slimes an American prosecutor? Which contains malicious lies long pointed out? Which you still heedlessly propagate?

Your prospects and Knox’s are not pretty. This is what some of our own lawyers are suggesting.  Italian obstruction-of-justice laws could be applied to HarperCollins and those party to it - note the legal fate of Andrew Gumbel the equivalent of Linda Kulman for Raffaele Sollecito.

So could the federal and state American Son of Sam laws requiring the forfeiting of all of that world-record $4 million in bloodmoney plus any fees paid to helpers like Linda Kulman and profits for HarperCollins.

Also there could be the invoking of Italian and American laws against the harassment of victims’ families, a horrific ongoing crime against the Kerchers perpetrated by many (Knox included) which the misleading book certainly helps to stir up.


Tuesday, July 29, 2014

Italian Reporting Of Prolonged Knox/Cocaine-Dealer Connection; Media Digging

Posted by Peter Quennell




1. How Drug Use Was Addressed At Trial

The story of Knox’s drug use clearly has legs. But whoever is driving it, the trial prosecution is not - they are simply sitting back and watching.

Police and prosecutors have never driven the perception that Knox and Sollecito were stoned on the night when they attacked Meredith. Judge Micheli wasnt keen on this possible “out” and besides they have never had a reason to.

It was in fact the defenses who drove the drug-use argument. Knox admitted to police on 5-6 November 2007 to marijuana use, and so did Sollecito. He already had a minor record of cocaine possession. Both tried to use the argument at trial that they were indeed stoned. But that was only to explain major discrepancies in their statements, not to say that drugs helped to fuel the attack on Meredith.

The defenses had an opportunity with Judge Matteini, the guiding magistrate from late 2007 though to Judge Micheli’s arraignment in October 2008, to try to seek lesser charges due to impaired capacities. But either they did not want to, or they were prevented by the families from doing so.

At trial in 2009 the prosecution remarked that the two were suspected to have been using cocaine (the symptoms seem to us pretty obvious) but the defence simply shrugged at this and did not contend it.

Judge Massei never mentions amphetamines. Two defense experts were brought in to try to convince the Massei court that the admitted drug use had fogged their clients’ brains. Judge Massei simply recorded this doubtful claim in his sentencing report. He gave the perps no breaks based on this reasoning.

]page 393] On the effects of drugs of the type used by Amanda and by Raffaele, such as hashish and marijuana, [we] heard the testimony of Professor Taglialatela who, while underlining the great subjective variability (page 211, hearing of 17 July 2009) specified that the use of such substances has a negative influence on the cognitive capacity and causes alterations of perception (pages 201 and 207) and of the capacity to comprehend a situation (page 218).

In his turn, Professor Cingolani, who together with Professor Umani Ronchi and Professor Aprile, had also dealt with the toxicological aspect (see witness report lodged on 15 April 2008, pages 26 and following), responding to the question he had been asked as to whether the use of drugs lowers inhibitions replied: ‚That is beyond doubt‛ (page 163 hearing of 19 September 2009), while correlating that effect to the habits of the person [on] taking the drugs. Raffaele Sollecito’s friends had furthermore stated that such substances had an effect of relaxation and stupor.

2. New Reporting On Knox/Drug-Dealer Connection

Below is the new Giallo report on a connection between Knox and drug-dealers kindly translated by our main poster Jools. Note that the main drug dealer Frederico Martini (who is “F” below) and others were convicted back in 2011 and the connection to Knox was reported then in the Italian press, though not in the UK and US press.

The main new fact here is that Giallo has the dealers’ names. Giallo makes clear it obtained the names legitimately from open police records, not from the prosecutors back at trial.  Dr Mignini merely takes note of the names which Giallo itself provided and he doubted that Knox would now become truth-prone.

Clamorous [Sensational/Scoop]

The American woman already convicted to 28 years for the murder of her friend Meredith.

A NEW LEAD, LINKED TO DRUGS, PUTS AMANDA KNOX IN TROUBLE

The woman was hanging around a circle of hashish and cocaine traffickers. One of them had intimate relation with her. Another, a dangerous criminal offender, had attempted to kill his brother with a knife. Are they implicated?

“During the course of the investigation into the murder of Meredith Kercher we have confirmed that a person whose initial is F. would occasionally supply drugs to Amanda Knox, as well as having a relationship with her supposedly of a sexual nature.” So begins an [official note] annotation of the Flying Squad police in Perugia dated January 19, 2008, two and half months after the terrible murder of the young British student Meredith Kercher. An annotation that could open a new, worst-case scenario on the Perugia murder and on one of its most talked-about protagonists, Amanda Knox, besides making it possible to convince the USA to send her back to Italy for a new trial.

But why is this annotation so important? And who is this mysterious F. that is now entering the scene? Let’s see. When Amanda came to our country to study, in September 2007, did not yet know Raffaele Sollecito, the guy from Giovinazzo who will be accused together with her and Rudy Guede, a thief and drug dealer, of the murder of Meredith. But she soon started to hang around characters implicated in a drug ring for university students in Perugia. A particularly disturbing entourage of whose members included dangerous multi-convicted felons. The first one is precisely F. We will not disclose his full name or F’s last name, for reasons of discretion, but GIALLO knows them.

In 2007, F. is a student of psychology from Rome, much older than Amanda. The two meet on a Milano-Florence train and decide to visit the city together in the evening, Knox having gotten rid of [her sister] she and F. smoke a joint together. “My first smoke in Italy,” says the same Amanda on MySpace, a social network site that was popular seven years ago. The two end the Florentine evening in his hotel room. Photo evidence of this new friendship was formerly on Myspace, because Amanda publishes a photo of F., half naked. An aunt commented: “Do not date strange Italian guys.”

Once she settled in Perugia, Amanda continues to have contact with F. His number is in Amanda’s phone book, and they both frequently called each other, before and after the murder.

F., also appears in a “list” of Italian guys she slept with which was compiled by Amanda on one of her big school notebooks and also in her autobiographical book Waiting to be heard. In the book Amanda talks about F. but changes his name and calls him Cristiano. Maybe to protect their privacy, maybe to obfuscate opinions. She writes of him: “I promised my friends that I would not end up sleeping with the first guy that comes by, but F. was a change of plans.” Further adding that in Italy smoking joints is simply normal, “like eating a plate of pasta.”

On the other hand Amanda spends a lot of money in the several months she’s in Perugia. In September, she draws out $ 2,452 from her bank account, that’s 1,691 euros. How did she spend it? No one has ever investigated this, and she does not explain it. She says she used the cash for living [expenses], but considering that the rent she had to pay was only 300 euros, and that twice a week she worked as a waitress in the bar of Patrick Lumumba, Le Chic, putting more cash in her pocket, the [living] expenses seem really excessive.

What does Amanda do with all that money? For sure she does not buy only hashish, which is not so expensive. Was she, then, using cocaine? The [police] annotation makes you think of it. And this could explain both the state of alteration of the girl on the night of the murder as well as a possible motive. Amanda that evening returned home to get some money to pay for the drugs, and she encountered Meredith? The girls had a fight, as Rudy Guede says in his reconstruction of that night, why, did Amanda steal Meredith’s money? Was Amanda on her own, or maybe she made sure she was accompanied by Rudy or other drug dealing friends?

No one has ever investigated this, or Amanda’s dangerous acquaintances. So dangerous that the same F., in 2011, was arrested. To be precise that started from the analysis of Amanda’s mobile phone, police investigators found that in fact F. and two of his close friends, Luciano and Lorenzo, were part of a major drug ring: all three ended up on trial for selling cocaine.

On January 14, 2011 they were all sentenced. The court judges established that Luciano was the one that supplied the other two: He was to serve two years and eight months in prison.

But let’s read the rest of the police annotation because what this reveals is really disturbing: “F. is contacted by phone by the presumable clients placing an “order” with him of the quantity of drugs they want to buy and in turn he contacts various Maghrebi characters ordering. It is also established that F. associates with multiple-convicted offenders of very serious crimes in the matter of drugs, and with persons such as A. Luciano, with whom he maintains frequent contacts aimed at drug trafficking.”

And precisely in this way Luciano, linked to F., a friend of Amanda, has a terrible past. The cops wrote this about him: “The above-cited Luciano on the 28/7/2006 was arrested by the carabinieri in Foligno because he was responsible for the murder attempt of his brother, who gave him 16 stab wounds inflicted with a kitchen knife.”

Luciano, therefore, who sells drugs in Perugia and provides supply to F., with whom he is often in touch, is an unsuccessful killer. Only a year before the murder in Perugia, under the influence of drugs, he tried to kill his brother during an argument over money and drug dealing. Luciano, out of his head that evening, grabbed the knife with which he was slicing a melon in the kitchen and stabbed his brother’s body 16 times.

A scene not so different from what the judges think happened in Meredith’s house, and even from what was described by the same Amanda on the 5 November 2007 when, at the end of a night of contradictions and anguish, confessed giving culpability of the murder to Patrick Lumumba, the owner of the bar Le Chic, who later proved to be unconnected with the facts of the case. Amanda said: “Patrick and Meredith went to Meredith’s room, while I think that I stayed in the kitchen. I heard screams and was scared, I covered my ears.”

Where were, F. and Luciano the night of the murder? And who was there that night, instead of Patrick? Questions still unanswered. What seems likely, however, is that Amanda was not with Raffaele, who was at his home on his computer. The judiciary may now decide to open a new file on her. Will the USA grant extradition?

Here is the translation of Dr Mignini’s interview with Giallo translated by Kristeva.

Luciano [Giuliano] Mignini, the judge leading the investigation, talks “Amanda knows how to lie very well: she seems sincere and credible ...”

[GM] The magistrate has directed all investigations: it is she [Judge Matteini] who had Amanda, Raffaele, Patrick Lumumba and Rudy Guede arrested.

[GM] “In the Supreme Court of Cassation new revelations don’t count” Giuliano Mignini, deputy prosecutor of the Attorney General Office of Perugia and public prosecutor of the first trial for the murder of Meredith [Kercher], goes straight to the point.

Mr. Mignini, pending the Supreme Court, Raffaele Sollecito seems to have distanced himself from Amanda Knox. He claims he is not certain that the American girl has spent the whole night with Sollecito ...

[GM] “All this is irrelevant. In Court of Cassation only questions of laws can be raised. They do not take into account the new elements of reconstruction of the facts. Trials are based on the acts of the proceeding. Sustaining now a different reconstruction of what happened is a question of merit that does not in any way interest cassation.”

Amanda has repeatedly argued that her version of the facts had been affected by heavy pressures from the prosecutor’s office.

[GM] “Nothing could be more false. The process of investigation and trial proceeding of Kercher’s murder has had from the beginning an unprecedented media pressure, which has confused some ideas in public opinion. The trial should take place with the guarantee of an adversarial process, with equality of prosecution and defense. When one steps out of these parameters one ends up with a trial through the media. In this scenario, the foreign press, especially the American one, not taking into account our legal system, has given its input. They created a discourse that sounds a bit like this:she is one our fellow citizens and therefore she must be innocent. “

And if today even Amanda was to change her version?

[GM] “I would be astonished. She had plenty of occasions to tell her truth”

What was your impression of Amanda?

[GM] Amanda is very intelligent. She cleverly tried to divert suspects from her, as in the case of the staged burglary, a huge lie. Amanda is shrewd like when she accused Patrick Lumumba. On that occasion she appeared credible, she was crying. She looked as if terrified. I believe she’s a very theatrical girl and in a certain way even anti conformist: while everyone was crying and were worried, she was doing cartwheels.

What was her relationship with Meredith?

[GM] “Amanda did not like to be contradicted and had a conflictual relationship with Meredith. There were constant arguments regarding Amanda’s behaviour that Meredith could not tolerate. She believed that Amanda stole her money.”

And what type was Sollecito?

[GM] Raffaele is an enigmatic character. He is a shy young man who was subjected to Amanda’s strong personality. He was very attracted to Knox who in the meantime did not disdain the company of other acquaintances.

About acquaintances, Amanda knew some drug dealers. Could they have had a role in the murder?

[GM] “I cannot answer this” But then writes down their names.

[By] Gian Pietro Fiore

3. Our Comments On The Giallo Report

As observed above, for Italians most of this is actually not new news. The new news is that Giallo now has all the dealers’ names, from the open records of the police.

Giallo’s mention of a possible new trial is presumably connected to this drug-dealing, as the trial for Meredith’s murder and Knox’s and Sollecito’s failed appeal have both concluded, and only Cassation’s endorsement of the verdict is awaited.

Giallo’s references to Guede as a drug dealer and thief are both unproven. He had no criminal record prior to final conviction by Cassation. He was never a police source, and got zero breaks, ever. He was unknown to Dr Mignini until some days after Meredith was attacked and forensics identified him.

4. UK and US Media Get Key Fact Wrong

The UK’s Daily Mail has wrongly claimed that Italy’s Giallo magazine had reported as follows: “Italian prosecutor from Amanda Knox trial gave newspaper list of drug-dealer names associated with American student”.

In their headlines the US’s National Enquirer and Radar Online make the same wrong claim, though they quote enough from Giallo to show how that magazine really re-surfaced the report.

So for now UK and US media get that key fact wrong.  This surely wont be the end of it though. The story finally has legs of its own, and clearly the media in all three countries have a willingness to pursue it more.

In the interview also posted on Giallo Dr Mignini doubted that even now Knox will tell the truth - in fact it is hard to see what she can say. We will wait and see.

5. Ground Report Also Gets It Wrong

This shrill report from “Grace Moore” about Guede and Dr Mignini in Ground Report is both seriously wrong on the facts and defamatory - she should try saying that sort of thing about any American prosecutor.  “Grace Moore” should find out what the roles of Judge Matteini and Prosecutor Comodi were, and why after a malicious prosecution against him Prosecutor Mignini is riding high on Italian TV - and pouring cold water on satanic claims about any crimes.

Paul and Rachel Sterne, the father and daughter owners of Ground Report which carries well over 100 similarly inflammatory posts, could in theory be charged by both Italian and American prosecutors, as they are an eager party to bloodmoney (a felony), harrassment of the victim’s family (a felony) and obstruction of justice under Italian law for poisoning opinion out of court (another felony).

They need to clean up their site and make some amends.   


Click to enlarge


Thursday, July 10, 2014

Are The Rank-Amateurs With Their Hooks In Knox Dividing Into Two Flocks Of Sheep?

Posted by Peter Quennell




Confusion Increasingly On Display

Publicly berating the Sollecitos, Kerchers, Italy and Europe has had a detrimental effect on Knox’s public persona?

So says Sophie in the forum text above. Smart take. But Clive Wismayer himself has posted some pretty wild accusations against Italian officials which absolutely dont help Knox at all. People like him should go.

Click here for more of those postings by those supposedly helping Knox. (Guede did it alone? Really?) The postings are a month old, but we hear the internal disputes are now way worse. Three obvious problems stand out.

1. The Sollecito Headache

They dont know as a group whether to try to hug Raffaele Sollecito and his family closer, or to nuke them, in the FOA’s usual mode. Some now incline one way, some the other, and it is splitting them apart.

The Sollecito backlash almost certainly isnt done yet. They dont like Knox at all, and further talk of resisting extradition and further demonizing of Italy and justice officials hardly helps them, and will see them back in front of the press.

In no circumstances will Bongiorno ever again let Sollecito get attracted back to the people who have their hooks in Knox - Bongiorno took the harder line at the press conference, and burying the very damaging claims stuffed by the Knox people into Sollecito’s book is sure on her radar now.

2. The Bloodmoney Headache

There’s rarely much money to be made legally out of trashing murder victims and their families and justice officials as the Bruce Fischers have set out to do. Amanda Knox did get a windfall payment out of her hapless book - but is THAT turning into a two-edged sword…

There’s nothing like a huge pot of money unfairly distributed to make people who feel used and unrewarded walk off. So says Clive Wismayer in the text. Knox is clearly acting cheap, maybe because she sees no career ahead, and may have squirreled much of her bloodmoney away for the reasons given here.

Some like Ted Simon seem to have had a very big payday, the lawyers and experts and Marriott and travel and hotels have all had to be paid-for. Media sources tell us that none of their reporters get within miles of Sollecito or Knox without a greedy hand coming out.

And Knox still has to pay the damages awarded to Patrick for maliciously wrecking his life, or risk more time inside.

Knox is to be charged for the false claims in her book on the same lines as Sollecito and the damages awarded could be huge. Knox’s publishers have their own liability, but may have been misled, and if they are made to pay damages, they could set their lawyers on Knox.

3. The False-Labels Headache

That “guilters” smear used freely in the text above is an albatross around their necks. It stops them seeing straight and being fully informed and (especially) trying to convince in reasonable terms.

Competent American lawyers and PR would have stopped Knox supporters painting themselves into such a corner long ago on the grounds that it just doesnt work. They dont know their enemy as a result.

What they are really up against is not only people posting translations and analyses on websites (people much more qualified than themselves) but also all the forces of justice in Italy and 90 percent of the population who clearly can see guilt.

The pro-Knox conspiracists are in fact a very small faction. The in-group at the core is a dozen or two at most. Perhaps a few hundred now who might lift a finger for Knox.

In contrast, those who see a case for guilt - and who revere the victim and Italy and its officials and system - are not a mere faction at all.  Between them, they are huge. Good smart reasonable people who are very well informed and are certainly not driven by hate.

A lot of what websites like this do, in a media-created vacuum of hard facts, is to simply pass on reliable information from Italy in competent translations of key documents and timely and comprehensive reports.

This “guilters” smear has blinded them to that, and so “garbage-in-garbage-out” and paranoid suspicions and ranting language have become their plagues.

And with no real help, Knox faces 28-plus years.


Thursday, June 12, 2014

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

Posted by The Machine



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

Introduction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This is from the relevant court transcript:

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

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

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

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

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





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

5. Knox was beaten by the police.

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

These are from the relevant court transcripts:

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

Rita Ficarra: Absolutely not.

GM: Was she intimidated, threatened?

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

Giuliano Mignini: ... violence, of …

Monica Napoleoni: But absolutely not!

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

Anna Donnino: Absolutely not.

GM: She suffered maltreatments?

AD:  Absolutely not.

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

Anna Donnino:  Absolutely not.

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

AD:  Absolutely not!

CP:  Miss Knox was, however, threatened?

AD:  No, I can exclude that categorically!

CP:  With thirty years of prison… ?

AD:  No, no, absolutely not.

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

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

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

AD:  Yes.

Carlo Della Valla:  This…

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

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

AD:  Yes.

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

AD:  I would say yes. Absolutely yes.

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

AD:  No.

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

AD:  No.

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

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

6. Knox was refused a lawyer.

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

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

Giuliano Mignini:  And what was her response?

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

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

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

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

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

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





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

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

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

Here is Rita Ficarra.

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

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

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

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

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

Here is Anna Donnino:

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

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

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

Anna Donnino:  Yes.

Here is Judge Massei.

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

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

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

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

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

This is from the 1:45 am statement.

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

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

This is from the 5:45 am statement.

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

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

10. Amanda Knox was questioned in Italian

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

11. Dr Mignini questioned Knox on 5 November 2007.

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

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

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

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

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

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

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

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

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

12. Knox didn’t confess until 6am.

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

13. Knox retracted her allegation against Lumumba immediately.

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

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

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

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

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

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

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

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

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

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

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

15. All of Meredith’s friends left immediately.

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

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

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

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

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

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

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

(1) The bra clasp

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

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

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

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

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

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

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

(2) The knife

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

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

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

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

17. The knife has essentially been thrown out.

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




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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22. The knife was chosen at random.

Armando Finzi was the police officer who bagged the knife. He testified that he thought it was the murder weapon because it was compatible with the wound on Meredith’s neck. Andrea Vogt explained this in the same article:

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

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

23. No control tests were done.

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

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

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

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

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

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

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

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

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

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

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

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

26. Mignini is persecuting Amanda Knox.

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

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

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

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

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

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

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

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

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

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

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





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

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

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

[Timeline of the attack on Meredith]

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

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

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

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

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

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

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

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

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

Carlo Pacelli’s comments were widely reported by numerous journalists who were present in the courtroom. Barbie Nadeau describes the moment he asked if Knox is a she-devil in some detail in Angel Face:

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

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

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

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

31. Rudy Guede was a drifter.

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

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

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

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

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

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

34. Guede left his semen at the crime scene.

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

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

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

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

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

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

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

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

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

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

37. Guede left his hair at the crime scene.

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

38. Guede pleaded guilty or confessed.

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

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

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

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

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

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

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

41. Amanda Knox didn’t know Rudy Guede.

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

Here’s the court transcript:

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

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

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

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

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

AK: I think I saw him there once.

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

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

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

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

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

43. Sollecito had an impeccable track record.

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

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

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

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

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

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

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

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





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

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

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

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

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

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

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

46. Amanda Knox was retried for the same crimes.

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

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

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

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

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

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

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

Note that as stated above it was not an interrogation.

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

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

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

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

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

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

50. Amanda Knox is being railroaded or framed.

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

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

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

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

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

Sources

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

Court testimony
Amanda Knox
Anna Donnino
Monica Napoleoni

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

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

Television programmes
Drew Griffins’ interview with Giuliano Mignini on CNN

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

 

 

 

 

 


Wednesday, April 23, 2014

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

Posted by Cardiol MD



Do Williams College President Dr Falk and head of psychology Dr Fein know that Kassin is a hot potato?

A Common Phenomenon

We take note of a common “they can’t take what they dish out” phenomenon among the Sollecito & Knox supporters.

If you show unequivocally that their FACTS are wrong and that they have illegally framed (in English) good Italian officials, they melt down with numerous shrill claims that the meanies ridiculed them - because their mission and the two perps they champion are so moral and so divine.

Doug Preston, Nina Burleigh, Greg Hampikian, Steve Moore, Doug Bremner and others have all exhibited this victimhood phenomenon. Doug Preston even wrote an entire book-long wail about his victimhood.

Foolishly perverse behavior. No police or prosecutors anywhere ever appreciate being framed. In the US it is rare indeed. In Italy a single official complaint can spark a prosecutor’s investigation, and probable felony charges against any or all of them for obstruction of justice. 

The Saul Kassin case surely has to be the worst of all cases, because his huge slam at Italy, with dozens of wrong facts and false accusations, was delivered as a keynote address at a John Jay College of Justice conference, to dozens of top justice officials from around the world - and to this day he perpetuates this massive academic fraud.

Presumably roughly 100% of that global audience, ignorant of the real story (a probable serious new felony by Knox), believe Knox was tortured by Italians into some kind of forced confession. 

A Historical Synopsis Of Kassin’s Role

Saul Kassin, an academic psychologist, established himself as an acknowledged authority-figure on the subject of prosecutor-induced false confession, describing a profile of such confessors.

Prosecutor-induced false confession is, of course, a real phenomenon, which has existed throughout recorded history, notoriously exemplified in modern history at the Moscow Show-Trials of the 1930’s.

Years ago supporters of Amanda Knox and Raffaele Sollecito (FOA), claiming that the pair were wrongly convicted of murdering Meredith Kercher, alleged that their “wrongful” conviction was based on a prosecutor-induced false confession, among some other things.

FOA concocted a false description of the events surrounding the interrogation, using as many as 50 barefaced falsehoods to create a match to the characteristics of false-confessors described by Kassin.

This creation in turn resulted in the exposure of the numerous falsehoods and deceptions, in the course of which Kassin’s work was also criticised. Offended by such criticism, Kassin wrote a paper defending his work, but sustaining the multiple falsehoods and deceptions created by the FOA.

On April 30th 2012 The American Psychologist [AP] published an Advanced Online Paper titled “Why Confessions Trump Innocence” authored by Saul Kassin (final version here) see in which he “described” the case of Amanda Knox, an American college student who had been convicted of murder in Italy, arguing that Knox was not guilty, and had been induced by prosecutorial-oppression into making a False-Confession.

In June 2012 Kassin presented his misleading keynote address to the John Jay College global conference (see page 31 of the program). Soon after he made TV and radio appearances.

In September 2012 the American Psychologist journal published Kassin’s paper in print-form (AP Vol.67 (6) Sept. 2012, 431-445). When it did so, the paper was newly accompanied by Corrections and Updates, in which Kassin states that minor (sic) corrections “should be made in the description of the Amanda Knox case.” They are not minor in their effect on the meaning of his text.

The first change substitutes for one misleading false statement, a more clearly worded false statement; changes 4. and 5. modify the allegation that Guede had raped Meredith, and that Guede’s DNA had been found in sperm at the crime scene.  Not only are Kassin’s changes by no means “minor”, they are only a few of the many changes needed to acknowledge the true facts. They amply confirm the depth of Kassin’s fall into self-deception.

And in a ludicrously surreal development, Amanda Knox’s 2013 book Waiting to be Heard at great length parotted Kassin’s wrong claims about her wrong claims, the same ones for which she may face new charges.

The Pro-justice Community Takes Exception

TJMK and the two PMF forums and other pro-justice, pro-victim and pro-Italy websites have long explained in Posts and Comments that the Kassin paper containing the 50 or more false or deceptive statements is so contrary to the actual facts as to be sheer obfuscation.

The first TJMK reference to False Confession was a comment by Faustus on Jan. 13th 2009. The first TJMK post questioning Saul Kassin was written by the Machine and published on 10 July 2012.

Since then TJMK has published more than a dozen articles focusing on the false facts and false accusations in Kassin’s presentations, with scores of comments expanding the corrections further. This rebuttal and this one were particularly key.

Aspects of Saul Kassin’s Background

Saul Kassin is a Distinguished Professor of Psychology at John Jay College of Criminal Justice in New York. Recently, he was listed as in a “phased retirement” as Massachusetts Professor of Psychology from Williams College, in Williamstown, Massachusetts. He received his Ph.D. at the University of Connecticut.

Kassin’s Resume’ also reveals that he was once very aware of the phenomenon of self-fulfilling prophecy, and very scornful of people to whom he attributed-it.

In 2004, C.U.P. published a book entitled “The Detection of Deception in Forensic Contexts”, defining ‘forensic context’ as any context in which legal questions are raised. Kassin was the author of chapter 8, entitled “True or False: ‘I’d know a false confession if I saw one’.”, in which Kassin repeats the well-known fact that Oppression-Induced False Confession is a real phenomenon, ridiculing other professionals with the quote ’ I’d know a false confession if I saw one’.

Then he describes his own recipe for ‘knowing one’, providing a profile ideal for use by Knox, and FOA, after Meredith’s murder in 2007.

Kassin’s ridicule relies upon what he, himself, describes variously as ‘self-fulfilling prophecy, interpersonal expectancy effect, and behavioral confirmation’. He provides the reader with 6 references to the phenomenon, the first 2 focusing on Pygmalion, as the classic exemplar of seeing what you want to see.

[Pygmalion was a Cypriot sculptor who carved a woman out of ivory. His statue was so realistic that he fell in love with it. Making offerings at the altar of Aphrodite, he quietly wished for a bride who would be “the living likeness of my ivory girl”. When he returned home, he kissed his ivory statue and found that its lips felt warm. He kissed it again, touched its breasts with his hand and found that the ivory had lost its hardness. Aphrodite had granted Pygmalion’s wish.  Shaw used this story as the subtext for his play ‘Pygmalion’, the musical version of which is ‘My Fair Lady’.]

Kassin’ s Resume’ also records that he served as a U.S. Supreme Court Judicial Fellow, working at the Federal Judicial Center .... Dr. Kassin is past president of Division 41 of APA (aka the American Psychology-Law Society).
.
Given these items from Dr.Kassin’s impressive resume’ a reader would expect Dr. Kassin to be professionally knowledgeable in the law relevant to his specialty; Kassin definitely OUGHT to be that knowledgeable.

In “Why Confessions Trump Innocence” readers are directed by Kassin to Dempsey, 2010, and Burleigh, 2011, noting “personal communications with Amanda Knox, Madison Paxton, and Nina Burleigh”. Consistent with Kassin seeing what he wants to see, his paper contains phrases such as “the case of Amanda Knox and others who are wrongfully convicted”. Kassin’s own self-deception seemingly promotes receptivity to deception by others.
 
In January the Nencini Appeal Court in Florence declared Knox and Sollecito to be Guilty-Beyond-Reasonable-Doubt. All that remains is the Supreme Court’s expected firm endorsement.

As we await the Nencini Motivazione report, the senior Florence prosecutor Dr Giuliano Giambartolomei has recently announced his findings that many claims in Sollecito’s “Honor Bound”are spurious and justify new charges being brought against Sollecito.

Shadow-writer Andrew Gumbel, who recently published a self-incriminatory rant in The Guardian, has also been named, so now seems a great time to refresh TJMK’s reader’s awareness of Kassin’s arguments. Kassin’s arguments were apparently communicated to Hellmann/Zanetti by Knox’s lawyers, and Kassin himself may be liable under Italian Law.

How Saul Kassin Now Plays The Victim

Here are some quotes from an article by the duped Scott Sleek excusing Kassin’s serial framings and obfuscations in “Why Confessions Trump Innocence”:

“…He noted [now begin Kassin’s obfuscations:] that Knox had been immediately identified as a suspect and presumed guilty, confessed after three days of denials and interrogations, and did not have any attorney present when undergoing questioning.”

TJMK readers know very well that the above précis is an outright falsehood. That is not what took place.

In his defence Kassin also claimed: “I used it as an example, not realizing the depth of a couple of Amanda Knox hate groups that track professionals who support Amanda Knox.”

WHAT mere example? Actually Kassin placed his framing and wrong facts front and center, again and again and again. WHAT professionals support Knox? And the real professionals posting and reading here handily exceed Kassin’s pay-grade.

Kassin also claimed that the hate emails he received, and the blog posts criticizing him, didn’t focus on the science itself, but on his motives for analyzing Knox’s case. In essence, the attacks were personal, he stated.

Kassin also claimed that some of the messages he received felt threatening, and included statements such as: “We know where you work” and that a few bloggers wrote posts lambasting Kassin’s integrity, in one case even calling him a “shill”.

Really? TJMK is as opposed as Kassin to hate-mail. We can correct wrong facts and serial defaming right here. But we also believe that Kassin’s adoption of Knox’s, Sollecito’s, Paxton’s, Dempsey’s, Burleigh’s, and other FOA&S’s falsehoods, deceptions, and serial framings of Italian officials was far more improper, biased, and compromising of his own integrity.

The attempt to do real damage begins and ends with Kassin.  And far from not focusing on Kassin’s “science” his TJMK critics have focused sharply on the falsehoods Kassin has used to support his self-fulfilling prophecies. Click on links to past posts above.

The historical trap Kassin has fallen into is that of “Experimenter Expectancy”, or seeing what you want to see [c.f. Chapter 6, pp107-108 Betrayers Of The Truth, OUP, 1982, By Broad & Wade]:

“Expectancy leads to self-deception, and self-deception leads to the propensity to be deceived by others.”

Having fallen into the very trap Kassin himself had described in great detail in 2004, and recited in his Resume’, a legal background that ought to inform him that he was entering a potential legal minefield, Kassin proceeded, in writing, to satisfy the common-law definition of Defamation-Malice [making false statements, knowing them to be false, or made so recklessly as to amount to willful disregard for the truth].

Under Italian law, if any of those he framed complains, Kassin may be chargeable with a felony.  Kassin’s MO does entail defaming the conduct of Italian Police, and Prosecutors. He has adopted many falsehoods. There is good reason to bring his integrity into question.

His best course now would be to publicly withdraw all the many versions of his false claims. And, finally, apologize to all those he framed and the real victim’s circle,

[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.]


Friday, March 14, 2014

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

Posted by Peter Quennell





Dr Douglas Starr
Co-director of Science Journalism Program
Co-director, Center for Science & Medical Journalism
Professor of Journalism
College of Communication
Boston University


Dear Dr Starr

We would like to take issue with your article “The Interview: Do police interrogation techniques produce false confessions?” in the Dec 2013 New Yorker.

Specifically the effusive passages on the New York psychologist Saul Kassin. Dr Kassin was a hired gun in the annulled 2011 appeal of the Amanda Knox case in Italy. In our assessment he has widely conflated the defense’s (spurious) position he was paid for with an objective academic analysis.

Our posting community consists of professionals in legal and criminal-science fields, and we have quite detachedly uncovered over 50 false claims in Kassin’s widely-promoted papers and TV and conference appearances.  The presumed intent of those was to spark more paid court business and more academic advancement.

Amanda Knox was confirmed guilty for lying about her so-called confession a year ago by the Italian Supreme Court, and her sentence of three years was confirmed. This is the same “confession” Kassin builds huge castles upon, the false accusation which had placed an innocent man in jail for three weeks, during which time Knox never recanted.

So exactly what is left standing of Kassin’s position today is hard to discern. However, instead of exposing him and chastizing him, your New Yorker piece seems to have set out without due caution - no buyer-beware - to make your readers respect and associate with him.

This matter isnt over in Italy, because those many framed by Kassin are unhappy about baseless claims of illegal acts presented at a global John Jay College conference and many other forums and tv shows. Any one of those who feel impugned can trigger a felony investigation for poisoning American opinion in an attempted obstruction of Italian justice. Out of which, Kassin might find himself fighting charges incurring possible prison time.

If credible crime experts here in the United States such as yourself now come down in support of those falsely impugned in Italy, and in rejection of Kassin’s categoric false claims, it might assist to defuse a tense and ugly situation, and might keep Kassin’s legal troubles to a minimum. We dont speak on behalf of the officers framed in Italy but we might have some sway as we accept no payment from anyone and are widely trusted there. 

We would like to ask you to read these various posts explaining where Kassin went wrong, particularly the fourth one, and then decide what you might like to do. It would be good if this could include inserting an addendum into the New Yorker explaining that due caution should be observed toward Kassin’s claims.

If it would help I will need to be soon in Boston and could sit with you. I can also suggest several experts that you might like to consult with.

Kind regards

Peter Quennell
Editor True Justice
Biography

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


Wednesday, February 19, 2014

Our First Reviews Of The Painstaking BBC-3 Report First Aired In The UK On 17 February

Posted by The TJMK Main Posters




Review by SomeAlibi

Watching “Is Amanda Knox Guilty” was a funny thing. I suspect for people following the case closely, on either side, it was a sobering experience. Not because it changed perspectives, but simply to see how quickly one hour passed and the necessary trade offs that had to be made to fit within that schedule. The opportunity cost was a level of detail to which in-depth followers have become accustomed.

Just one example: Sollecito and Knox’s partial alibi that they were checking their emails on the night of November 1st was explained as being challenged by two broken computers. Perhaps, (although unlikely to be the material issue) but where was the much more salient fact that their ISP records showed that was conclusively untrue? Where was the challenge: if you say you’re checking emails to establish part of your alibi against a murder and it is shown to be absolutely untrue, what does that suggest…?

There were many other “clinchers” that had to be let go in the name of brevity. But it wasn’t that sort of documentary - it was neither a case for the prosecution or a case for the defence: it put the main suggestions at the level of detail that was possible and it allowed both sides to speak to the points at that level of detail.

I find it interesting that there has been such a howl of bias from those supporting Knox and Sollecito. Objectively there’s no good ground for it: the documentary allowed both sides forward in equal measure and no pro-justice watcher would celebrate it as a pro-conviction piece.

The arguments were balanced, the video, audio and picture quality eye-opening. For those on the other side, their markedly different reaction appears to be that the documentary has broken the taboo that The Evidence Shall Not be Told. The idea that there is an easy-to-consume piece that puts forth the case and defence equally is seen as a disaster.

The campaign for Knox continues to be obsessed, beyond all things, with trying but now failing to make sure the public doesn’t know the basis of the case. For a long time they hoped to drown out the multitude of terribly inconvenient truths within it by screaming “no evidence”. ‘Is Amanda Knox Guilty’ put the lie to that conclusively, but fairly, and now many hundreds of thousands, perhaps soon to be millions will ask themselves why those supporting Knox and Sollecito have had to adopt this tactic at all.

If they really are innocent, why has the case against them been so comprehensively white-washed in the US?

The conclusion, is rather simple and I saw it encapsulated on a large television screen last night with the repeated clips of Amanda Knox and Raffaele Sollecito outside the cottage kissing and “comforting” each other: there for a fraction of a second, shown several times, is Amanda Knox, unable to stop herself glancing at the camera filming her and stealing her gaze away again very quickly pretending she hasn’t.

It’s a look that says everything: furtive, pretending it didn’t happen, immediately covering up in a way that poses a stark proposition: why on earth would you do that if you had nothing to hide?  And like so much of the multiple collapsing alibis and non-working answers and the desperately dishonest fingers-in-the-ear “no-evidence” pretence of those supporting her, is a proposition that can withstand no scrutiny.

Review by SeekingUnderstanding

What a relief to watch a very clear and unbiased narrative. The quality of the visual information was top rate - seeing so much original footage, and presented as it was in a logical time sequence.

Even though I was already familiar with the evidence, including the photographic material, I found it very helpful to see it all presented in this way. I appreciated, too, hearing and seeing the excerpts in original Italian (along with English translations). It added even more authenticity.

I hope that, at long last, this will have helped some - or hopefully many- people to see that the two ‘camps’ in this case do not divide into AK supporters and AK ‘haters’. There are the FoA and their followers ...and there are the others who seek the objective truth and justice.

If hate has been generated in some quarters, then the Knox (and Sollecito) camps need to look to themselves and their own behaviour. This programme was important in the tone it set.

I actually found it to be quite lenient towards the defence on a number of counts.

There were several instances where the defence point of view could have been strongly countered by known and established facts, but, bending over in fairness, these were left unanswered.

Here are just four instances :

1) In the discussion around the blood and DNA left in the bathroom - Dr. Gino’s assertion that ‘the blood/DNA ‘could have come from anywhere’ might have been countered with AK’s own declaration that the bathroom was previously clean. Dr. Gino also suggested a very improbable scenario of ‘it could be saliva’ (on the bidet?). Cassation emphatically said that it must be shown HOW any suggested contamination could have occurred.

2) There was a missed opportunity in discussing the knife presumed to be the murder weapon to mention Sollecito’s lame, unreal excuse of ‘Meredith pricked her hand’ etc.

3) Anne Bremner stated ‘Amanda could not have turned overnight…into a murderer’. Attention could have been drawn to many things, both physical events (her predilection for cruel pranks, including a staged burglary in the US, and wild parties, etc), and also many psychological indicators that would have clearly shown how her behaviour has, in fact, demonstrated consistency.

4) In the discussion re the bra clasp, the delay partially being caused by the defence themselves was not mentioned. Also, detailed discussion re the one bare footprint on the bathmat was omitted.

Since there is, in fact, so much evidence, it must have been difficult to chose and balance what did go into the hour long programme. All in all, I feel Andrea Vogt and her team worked hard, and did very well to let the facts speak for themselves.

I hope it will lay a few fictions and myths to rest.






Review by Earthling

What is the “Amanda Knox trial” (really the Meredith Kercher murder trial) really about? Is it about an innocent 20-year-old pretty white girl being railroaded by the medieval Italian justice system?

Or is this actually a murder trial, about the fact that a beautiful, intelligent, ambitious young woman, innocently trying to improve her life by study abroad, was brutally murdered?

I believe it’s the latter, and the BBC3 production gives us one of the first truly balanced reports on this trial.

The filmmaker starts from the beginning, and takes us through the murder, investigation, and various trials and appeals up to the present day. Instead of the breathless “Perils of Penelope” tone (toward Amanda Knox) that most such previous “documentaries” have taken, this one takes a sober look at the actual evidence.

Did you realize that there are luminol-revealed bare footprints in Knox’s size in the apartment? Luminol reveals blood and a few other substances; but those substances can be ruled out because the test was done six weeks after the murder, by which time those substances would have dissipated.

Blood doesn’t dissipate. This documentary shows you those bloody footprints in all their creepy glory, something never shown on American TV before.

“Is Amanda Knox Guilty” also speaks of the actual DNA evidence in the cottage linking Knox to the murder, including five mixed-DNA spots (Knox and Kercher) that tested positive for blood. Both prosecution- and defense-oriented experts are allowed to comment on this evidence, and the viewer is allowed to make up his or her own mind.

My one criticism is that a lot of the evidence against Knox (witness statements, cell phone data, fake break-in) is skimmed over or not even mentioned. Also, because the documentary quotes Rudy Guede’s position at length without any contradictory narrative, it is confusing as to whether the filmmaker might have believed him.

In the end, the filmmaker says, he was convicted of participating in the group murder. However, a stronger statement against his “I’m entirely innocent” defense would have been good.

Other than these quibbles, this is the best documentary on the Meredith Kercher murder case that I have ever seen.

Review by ZiaK

I watched the BBC programme on the Meredith Kercher case hoping for a more balanced view of the case than has been presented in the English-speaking media to date.

The documentary does present some of the evidence against Knox and Sollecito - including the bloody footprints, the mixed blood/DNA traces in the bathroom and corridor, the bra clasp, the knife DNA evidence, the strange timings of phone calls to police, the unlikelihood of the “break-in” being anything other than staged - but omits to point out that none of the other flatmates’ DNA was found in the blood traces, so saying that “it’s because Meredith and Amanda shared a flat” is misleading.

Nor does it point out that, although the murder knife was found in Sollecito’s flat, none of HIS DNA was found on it: it had only Amanda’s and Meredith’s DNA.

The programme didn’t cover the cell-phone evidence, showing that neither Knox nor Sollecito were where they said they were, at the times that they claimed. The programme also repeated the “Friends of Amanda” PR soundbites, such as “there was no evidence of Amanda in the murder room” - whereas the fact that her footsteps tracked blood OUT of the room are actually evidence of her having been present IN the room before it was locked (i.e. at the time of the murder).

Furthermore, in my opinion, the narrator’s voice seemed to evince sympathy towards Amanda, rather than describing events with a passive or objective tone of voice.

As one of the translators who has participated in translating case documents (such as the judges’ reports describing why they came to their decisions), I am only too aware of the extent of evidence against Knox and Sollecito, and I would like to see knowledge of this evidence become more widespread throughout the English-speaking world.

The BBC programme is a step towards this, but in my mind, only a very small step. I hope the pace will pick up soon, and more objective and extensive knowledge of the true facts of this case will be made available to everyone so they can form a rational opinion of the case based on true understanding.






Review by Cynthia

I’ve just watched this, and it’s very good - with a huge amount of footage hitherto unseen (directed by Andrea Vogt).

For what it’s worth, I note the following points:

1) There’s no mention of Meredith’s friends who heard Amanda say ‘she fucking bled to death’ before the fact was known to anyone else. Perhaps they didn’t testify, being too distressed? If so, it’s a great pity, because it seems a veritable clincher that hasn’t been used at all.

2) The bra DNA arguments are quite extraordinary. If we can determine that we all have Neanderthal DNA (tho’ I know a lot of American fundamentalists don’t believe that mankind goes back more than 6,000 years!) I can’t for the life of me see why DNA would be unusable after a poxy delay of 12 days ...

3) The argument that the Luminol traces may indicate not barefoot treading in blood but in bleach seems absolutely unbelievable to anyone who does housework (like me!) Bleach is horrible stuff, and you really, really don’t want to be getting it on your bare skin. Even Amanda, with her vestigial domestic skills, would have noticed if she’d trodden in it.

4) Bremner says Amanda was an honor student. She wasn’t; she had funded herself (not that that’s discreditable). (Also, are honor students unable to write cursive script? The shots of her handwriting show that she can’t do joined-up writing. [Or thinking.] I don’t know whether the phrase exists in American English, but not doing joined-up writing is a term of great intellectual contempt in English.)

5) We saw Amanda’s ‘mask’ speech. This is really interesting - who would even think that masks were being put on them if they weren’t using them themselves?

6) The programme mentions the little-reported fact that another, smaller knife found at Sollecito’s also had Meredith’s DNA on it.

7) The film omits to mention Hellman’s lack of any experience in criminal trials.

8) Every shot of Amanda in the film has her talking about ‘me’ and ‘I’. She never, ever mentions Meredith - it’s all about HER suffering. She never even says ‘the murderer is out there - I wish you’d stop persecuting me and get them’.

Presumably this is because Guede is supposed to be the sole murderer - and nobody seems in the slightest bit worried that there’s no murder weapon with HIS DNA on it! (Yes, there are his turds - but that wasn’t what killed Meredith.)

9) FOA has used the fact that the recent jury took 12 hours to deliberate over the verdict as an indication that they couldn’t agree. But why not just that they were being extremely careful and re-examining everything?

10) Finally, just an observation: Maresca speaks the most beautiful Italian - you can hear every word calmly flowing past.

Review by Miriam

Much appreciated. Outside of the Porta a Porta transmissions on the case, the best I’ve seen.

I understand they had to give both sides, but I felt that the defense came out on the losing side. I thought it funny that it was implied that since they only tested for blood it could of been saliva.

I don’t believe even her supporters would argue that Knox was so quirky as to brush her teeth in the bidet! Or maybe she spit in the bidet, in which case Meredith would have had every reason to complain about her bathroom habits!

Now if only this or something like this would air in the U.S.






Review by Sara

This is actually one of the most objective and well-researched reports I have seen on the case and I am very happy that BBC has managed to be so unbiased.

It presents both sides of the story equally well and does an excellent job of countering the extremely silly “no evidence” argument that the FOAkers like to repeat at equal intervals.

Regardless of what one believes, I think the documentary will at least succeed in convincing most people that there is indeed sufficient evidence against the two of them, and Italy’s judicial system is not crazy to convict people without any evidence.

My favourite part was when the defense DNA expert (can’t recall her name) tried to explain away the mixed blood evidence by saying that one of them could have had a nose bleed, and the other could have cut her hand in the same place leading to mixed blood.

Come on already, what are we? Kindergartens making excuses for not handing in homework? What is the possibility that both of them would bleed in exactly the same places not once or twice but multiple times? I think anyone with a bit of sense can see that they are clutching at straws.

However, I was a bit disappointed that few things were missed out. For instance, the fact that Guede’s footprints led straight out of the house, the fact that Amanda’s lamp was found without any obvious reason in Meredith’s room, Amanda’s extremely odd midnight call to her mom that she conveniently “forgot”, her million showers despite her concern towards “water conservation” etc.

Sollecito’s multiple changing stories were not really elaborated upon (the story in which he went to a party, the one in which he checked emails, the one in which he pricked Meredith etc etc).

Also, inconsistencies between their accounts of various events could have been pointed out (Was Filomena’s door open or close? Did AK call Filomena from the cottage or from Sollecito’s house? etc).

Witness accounts were not given any screen space either. I think touching upon these would have made the documentary even more impressive.

That said, I understand that the team has done the best they would within the limited time they had, and everything just cannot be accommodated within one hour.

So, all in all, kudos to the team and BBC for a job well done.

Review by Odysseus

I though it was a very competent overview of the case. After so much pro-defendant spin in the MSM (no doubt engineered by the American defendant’s PR outfit), it was refreshing to have a sane, measured and rational presentation. The victim deserves no less.

Congratulations to BBC3 and to the programme makers. It’s good to know that the BBC of blessed memory hasn’t been entirely dumbed-down nor intimidated by “partial outside interests”, the latter being director Andrea Vogt’s own description of the forces intent on muddying the waters in this case.





Tuesday, February 18, 2014

Congratulations To The BBC For A Report Emphasizing The Sheer Extensiveness Of The Evidence

Posted by The TJMK Main Posters



[From the BBC report: Meredith the night before the cruel, deadly attack with her Halloween friends]


This is the painstaking and obviously expensive report by Andrea Vogt and Paul Russell with interviews in London, Seattle and Perugia.

It was aired by the BBC on 17 February. Considerable time is allocated to defense lawyers and experts and the Knox family and Ann Bremner of the FOA taking their best shots at explaining how Knox could maybe have not been involved.

Still, the sheer mass of the evidence remains as the 80,000 pound elephant in the room, lacking any hint of a realistic alternative explanation. Three people committed the horrific attack, including Rudy Guede and two others.

Only Knox and Sollecito remain pointed to by dozens of evidence points as those two others. Not one single evidence point indicates anyone else was involved. The Masssei trial court got it right as the Nencini appeal court just confirmed.

We will enquire if we can embed the hour-long video. But as it may be picked up by US and other foreign media outlets, we will start by simply summarizing it soon.  Assessents by those who have already seen it are welcomed.


Wednesday, February 12, 2014

Much-Admired Feminist On Knox As Ice-Cold In Capanne And Media’s Mixed Performance On The Case

Posted by Peter Quennell





This is a key part (please read it all) from the great Victoria Brownworth’s Trial by Media - The Case of Amanda Knox

Is Knox guilty? Two long, complicated trials have said yes. Knox’s massive PR machine–much like Simpson’s–says no. That PR machine also ignores the fact that Knox falsely accused a black man of the murder and that he spent time in prison solely because of her accusation that she saw him take Kercher into the bedroom and heard her scream—while she, Knox, did nothing.

Angelina Antoinetti, Knox’s personal prison guard, told reporters after the conviction on Jan. 31 that Knox has reinvented herself for the media.

“Now she’s become this TV star, who cares passionately about what happened to her ‘friend’ Meredith Kercher, and wants the truth to come out. She’s painting herself as a warm, loving human being, but the Amanda I knew was so composed, I never saw her suffering and other prisoners and staff called her the Ice Maiden.”

Antoinetti said Knox “never, ever talked of Meredith or expressed emotion about her death. Whenever Meredith’s face came on TV she didn’t want to know and didn’t respond. She was impenetrable. Underneath the veneers she remains the same controlled woman I knew well in Capanne prison. She was so composed, I never saw her suffering.”

Antoinetti said that Knox “became attached to me. I opened her cell each morning and shut her in at night. She liked English music like the Beatles and always sang. She had guitar lessons, too.”

Knox was “unlike any other prisoner,” Antoinetti said. “I’ve never seen another girl like her, especially so young. She’s magnetic and manipulative. She had no emotions for people, only books. She never talked to other prisoners, she was only concerned about her world. Even when they freed her after the appeal, she didn’t speak to a single person she had just spent four years with, just walked out.

That’s not human, is it?”

And that is the question for many: Who is the real Amanda Knox?

As with the Simpson trial, the media has played a huge role in the Knox case. The U.K. papers labeled Knox “Foxy Knoxy” while the Italian papers played up Knox’s sexual history and the more lurid sexual elements of the case–the assertion that the murder was a drug-fueled sex game gone wrong.

In the U.S. ABC News has been a virtual PR firm for Knox, devoting hours of time on both 20/20 and Good Morning America as well as the actual ABC Nightly News promoting Knox’s innocence. Diane Sawyer did a heavily promoted hour-long interview with Knox when she was released from prison in 2011. And when the Jan. 31 conviction came in, on her ABC Nightly News broadcast, Sawyer led with “the American girl” Amanda Knox–even though Knox is 26. A full six minutes of broadcast time was devoted to Knox–including video of her singing and playing guitar. When has a national news network treated a twice-convicted murderer in such a manner?

The two media portraits of Knox–the sex-obsessed sexual manipulator she’s been portrayed as being by the European media and the pristine girl-next-door innocent-abroad the U.S. media has presented conflict, obviously. But what has been lost in the emphasis on Knox as the victim of the story is the actual murder victim, Meredith Kercher.


Page 4 of 10 pages « First  <  2 3 4 5 6 >  Last »