Subject area: 204 Interrogation

Monday, April 10, 2017

Open Letter To The American Psychology Law Society Re False Claims By Kassin & Knox

Posted by Ergon



Knox and Kassin at the American Psychology Law Society Conference 2017


Dear APLS

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

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

First, some prior context to this rebuttal: SIX prior posts correcting numerous other Kassin “mistakes” and EIGHTEEN prior posts on the Knox interrogation hoax.

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

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

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

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

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

Amanda Knox and Saul Kassin at the American Psychology Law Society Conference March 2017

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

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

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

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

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

Injustice in Perugia

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

CBS News-48 Hrs

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

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

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

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

Er no, there’s no record of Kassin’s report in the Hellmann court files, and Amanda Knox never released it either. But Judge Hellmann ruled she should have known Patrick Lumumba was innocent and upheld her 3 year conviction for criminal defamation (calunnia) anyway.

American Psychologist/Innocence Project

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

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

CNN Transcripts

CNN May 8, 2011

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

Now we’re getting a little closer to the truth. Knox was at the station for maybe 52 hours, but actually wasn’t ‘interrogated’ for that long. Then going back to when those figures first came out:

King 5 News

Amanda Knox’s family says confession coerced

By LINDA BYRON / KING 5 News

Posted on November 13, 2009 at 12:16 PM

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

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

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

But her parents say she was coerced by police.

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

Della Vedova/Ghirga appeal to Hellmann

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

(p.12) Amanda Knox è stata sottoposta ad esame ed attività investigative e tra il 2 e il 6 novembre 2007, fino al momento del fermo, ha fornito sommarie informazioni e risposto a domande della A.G. come segue:
l 2 novembre 2007, ore 15.30 VENERDI’: totale ore …………..
12,00
Verbale di sommarie informazioni della Knox, senza indicazione della chiusura.
Testimoni fino alle 3.00 am del 3 novembre 2007
l 3 novembre 2007, ore 14.45 SABATO totale ore ………………
8,00
Verbale di sommarie informazioni della Knox, senza indicazione della chiusura.
Testimoni indicano fino alle 22,00.
l 4 novembre 2007, ore 14.45 DOMENICA: totale ore ………….
12,00
Verbale di sommarie informazioni della Knox, ed accesso alla villetta di Via
della Pergola dalle ore 14.45 alle ore 21. Telefonata di Amanda alla zia dice 5 ore
di interrogatorio in questura
l 5/6 novembre 2007, ore 01.45 LUNEDI’/MARTEDI’: totale ore ……..
5,00
Verbale di sommarie informazioni della Knox inizio alle ore 22.00 del 5
novembre 2009.
l 6 novembre 2007, ore 05.45 MARTEDI’: totale ore ……………….
3,45
Verbale di “spontanee dichiarazioni” della Knox con successivo breve
memoriale. Dalle ore 1,45 alle 5,45 e memoriale alle ore 14,00.

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

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

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

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

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

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

From Rita Ficarra’s Testimony

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

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

Given that to be the case, I invite Professor Kassin to correct his figures and explain how, according to his research, Amanda Knox could have produced a “False Confession” over the span of 17.45 hours of “interrogation” over 5 days?

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



Friday, October 28, 2016

Netflixhoax 15: Omitted - Amanda Knox’s Incriminating Lies To The Police, Prosecution And Courts

Posted by The Machine



In 2008 Knox lawyers publicly ask that she stop lying publicly; one resigned earlier over lies.

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


Overview Of This Post

The filmmakers allow Amanda Knox to portray herself as a terrified ingenue.

One who lied about Diya Lumumba killing Meredith and placed herself at the cottage only because she was subjected to a coercive police interrogation and was physically assaulted.

They don’t question ANY of the witnesses who were present when she was questioned at the police station to contradict her account of events - witnesses who testified as to exactly what did happen over many days at the trial in 2009.

They allow her account of her questioning to go unchallenged though NOT ONE JUDGE at pre-trial hearings, the trial, first appeal, Supreme Court, second appeal, and Supreme Court appeal considered any of her varying accounts to be the truth.

The filmmakers also don’t address the fact that Amanda Knox lied repeatedly to the police and others both before and after her questioning on 5 November 2007, let alone provide viewers with a plausible innocent explanation for these lies.

In this article, I will detail the lies Amanda Knox told the police and others using the official court reports and court testimonies as well as Amanda Knox’s book Waiting to Be Heard.

Instances Of Knox Lies Refuted

Amanda Knox lied to Filomena about where she was on 2 November 2007.

But the Nencini report, 2014, page 174, said:

“In the first telephone call the defendant made to Filomena Romanelli, she clearly said that she would go back to Raffaele’s place to tell him about the strange things discovered in the apartment, and then return with him to check the situation. This circumstance is clearly false, since when Amanda Knox made the first call to Romanelli at 12:08:44 pm on 2 November 2007 she was at already Raffaele Sollecito’s apartment and not at 7 Via Della Pergola.

This fact is certain because it is gleaned from the telephone records, as has been already been said, and specifically from the fact that the telephone call above connected to the cell that served precisely 130 Via Garibaldi, a cell that is not within reach of anyone who would have been at 7 Via Della Pergola.

Amanda Knox claimed that she and Sollecito called 112 before the arrival of the postal police officers at the cottage.

But the Nencini report, 2014, page 176, said:

“There was one specific circumstance about which, this time, both the defendants lied. This is about the succession of events at the moment when the postal police intervened on the spot.”

And the Nencini report, 2014, page 179, said:

“From the testimony of the witnesses referred to above it thus clearly emerges how both of the defendants (but to be precise it was Raffaele Sollecito to tell the police this) declared to Inspector Battistelli that they were sitting there awaiting the arrival of the Carabinieri whom they had called. However Inspector Battistelli indicated in his service notes that he arrived on the scene at 12:35 pm, and questioned in the court hearings by the Judges of First Instance Court, he explained that he looked at his watch at the moment when he arrived at the cottage.” (The Nencini report, page 179).

Amanda Knox told the postal police on 2 November that Meredith always locked her door.

But the Massei trial report, 2010, page 31, said:

“This last circumstance, downplayed by Amanda, who said that even when she went to the bathroom for a shower Meredith always locked the door to her room (see declarations of Marco Zaroli, page 180, hearing of February 6, 2009 and declarations of Luca Altieri, page 218, hearing of February 6, 2009), had alarmed Ms. Romanelli more. She said she was aware of only once, when she had returned to England and had been away for a few days, that Meredith had locked the door of her room. (This circumstance was confirmed by Laura Mezzetti, page 6, hearing of February 14, 2009).”.

Knox pretended she hadn’t called Meredith when she spoke to Filomena.

But the Massei trial report, 2010, page 387, said:

“Amanda called Romanelli, to whom she started to detail what she had noticed in the house (without, however, telling her a single word about the unanswered call made to Meredith, despite the question expressly put to her by Romanelli)”

Amanda Knox falsely claimed in her e-mail to friends on 4 November 2007 that she had called Filomena first

But she had actually called Meredith a minute earlier.  The Nencini appeal report, 2014, page 169, said:

“A first discrepancy is immediately noticeable between what the defendant states in the memorial and what is ascertained from the telephone records.”

“At the moment when Amanda Marie Knox rang Filomena Romanelli she had already made a call to the English telephone used by Meredith Kercher, not therefore the opposite.”

Amanda Knox claimed that when she called Meredith’s English phone after speaking to Filomena, it “just kept ringing, no answer”.

But the Nencini appeal report, 2014, page 170, said:

“From the telephone records it appears that the telephone call made at 12:11:02 pm to the Italian Vodafone service of the victim lasted 3 seconds”

Amanda Knox claimed she slept until around 10:00am the next morning.

But the Nencini appeal report, 2014, page 158, said:

“What the Court finds proved is that at 6:02:59 am on 2 November 2007 they were not in fact asleep, as the defendants claim, but rather the occupants were well awake. At 5:32 am on 2 November 2007 the computer connected to a site for listening to music, remaining connected for around half an hour. Therefore, at 5:32 am someone in the house occupied by Amanda Knox and Raffaele Sollecito sat in front of the computer and listened to music for around half an hour and then, at 6:02:59 am, switched on Raffaele Sollecito’s mobile phone…”

Amanda Knox claimed she was at Sollecito’s apartment when she received Diya Lumumba’s text message.

But the Nencini appeal report, 2014, pages 132-132, said: 

“At 8:18 pm and 12 seconds, Amanda Marie Knox received a text message sent to her by Patrick Lumumba, in which he informed her that it would not be necessary for her to go to the bar to carry out her usual work. At the time of receipt, Amanda Marie Knox’s handset connected via the sector 3 mast at Torre dell’Acquedotto, 5 dell’Aquila, as shown by phone records entered in evidence. This mast cannot be reached from the vicinity of 130 Corso Garibaldi, the home of Raffaele Sollecito. According to the findings of the judicial police entered in evidence, this mast could be reached by anyone in Via Rocchi, Piazza Cavallotti or Piazza 4 Novembre, all locations in Perugia which are intermediate between 130 Corso Garibaldi, the home of Raffaele Sollecito, and Via Alessi, where the “Le Chic” bar is located.

“From this set of facts established in the case, Amanda Marie Knox’s claim, according to which she received Patrick Lumumba’s text message while she was at 130 Corso Garibaldi, appears false. Given the mast connected to and the time, it is reasonable to assume that, when Amanda received the message, she had already left Raffaele Sollecito’s home and was on her way to the ‘Le Chic’ bar. Presumably, she then turned around and went back.”

Amanda Knox initially claimed she was at Sollecito’s apartment on the night of the murder.

But Sollecito categorically stated in his own signed witness statement that Amanda Knox wasn’t at his apartment on the night of the murder: Raffaele Sollecito’s witness statement, 5 November 2007, said:

“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, 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.”

And Judge Bruno and Judge Marasca of the Fifth Chambers stated in their 2015 report that Amanda Knox was at the cottage when Meredith was killed.

The Bruno and Marasca report, 2015, said:

“… now we note, regarding Amanda Knox, that her presence in the dwelling, that was the “theatre of the murder”, was proclaimed in the trial process in alignment with her own admissions, including those contained in her signed statement in the part where she states she was in the kitchen, after the young English girl [Meredith] and another person went off to Kercher’s room for sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she fell down huddled on the floor, holding her hands tightly against her ears so as not to hear more.

We do indeed share the previous judge [Nencini’s] opinion that this part of the accused’s story is reliable, due to the plausible observation that it was she who first put forward a possible sexual motive for the murder and mentioned the victim’s harrowing scream, at a time when the investigators still didn’t have the results of the examination of the corpse or the autopsy, nor the witness information, which was subsequently gathered, about the victim’s scream and the time it was heard.

Amanda Knox told the police she hadn’t replied to Diya Lumumba’s text message.

But Judge Chieffi’s Supreme Court report, 2008, page 36, said:

“the police, who merely asked Ms Knox whether she had replied to the message that he had sent her, that her phone showed she had received, and to the young woman’s negative response it was put to her that [her telephone showed] that a reply was in fact given.”

Amanda Knox claimed the police hit her.

But 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.

These repudiations are from the relevant court transcripts:

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.

Knox told the police she hadn’t smoked marijuana.

But Amanda Knox herself in “Waiting to Be Heard” said:

“When we finished, a detective put me through a second round of questioning, this time in Italian. Did we ever smoke marijuana at No.7 Via della Pergola? ‘No, we don’t smoke,’ I lied. squirming inwardly as I did.”

Amanda Knox was forced to accuse Diya Lumumba of murder.

But Amanda Knox voluntarily told the police and her interpreter that Diya Lumumba had killed Meredith.

Anna Donnino: “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!’”

Rita Ficarra: “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’.

Amanda Knox then claimed Diya Lumumba killed Meredith in two witness statements she insisted on writing.

But the Nencini appeal report, 2014, page 114, said:

“Amanda Marie Knox accused Patrick Lumumba of the murder at 1:45 am on 6 November 2007.”

“Amanda Marie Knox repeated the allegations before the magistrate, allegations which she never retracted in all the following days.”

Also Amanda Knox reiterated her false allegation against Diya Lumumba on 6 November 2007 when under no pressure.

“[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.)

For several weeks Amanda Knox let the police believe Diya Lumumba killed Meredith.

But the Nencini report, pages 115-116, said:

She never retracted her false and malicious allegation the whole time he was in prison. This verdict from the 2013-14 Nencini Appeal Court was THE FINAL WORD from the courts; the Supreme Court did not reverse it: 

“Amanda Marie Knox maintained her false and malicious story for many days, consigning Patrick Lumumba to a prolonged detention. She did not do this casually or naively. In fact, if the young woman’s version of events is to be relied upon, that is to say, if the allegations were a hastily prepared way to remove herself from the psychological and physical pressure used against her that night by the police and the prosecuting magistrate, then over the course of the following days there would have been a change of heart. This would inevitably have led her to tell the truth, that Patrick Lumumba was completely unconnected to the murder. But this did not happen.

“And so it is reasonable to take the view that, once she had taken the decision to divert the attention of the investigators from herself and Raffaele Sollecito, Amanda Marie Knox became fully aware that she could not go back and admit calunnia. A show of remorse would have exposed her to further and more intense questioning from the prosecuting magistrate. Once again, she would bring upon herself the aura of suspicion that she was involved in the murder.

Indeed, if Amanda Marie Knox had admitted in the days following to having accused an innocent man, she would inevitably have exposed herself to more and more pressing questions from the investigators. She had no intention of answering these, because she had no intention of implicating Rudy Hermann Guede in the murder.

“By accusing Patrick Lumumba, who she knew was completely uninvolved, because he had not taken part in the events on the night Meredith was attacked and killed, she would not be exposed to any retaliatory action by him. He had nothing to report against her. In contrast, Rudy Hermann Guede was not to be implicated in the events of that night because he, unlike Patrick Lumumba, was in Via della Pergola, and had participated [100] in the murder. So, he would be likely to retaliate by reporting facts implicating the present defendant in the murder of Meredith Kercher.

“In essence, the Court considers that the only reasonable motive for calunnia against Patrick Lumumba was to deflect suspicion of murder away from herself and from Raffaele Sollecito by blaming someone who she knew was not involved, and was therefore unable to make any accusations in retaliation. Once the accusatory statements were made, there was no going back. Too many explanations would have had to be given to those investigating the calunnia; explanations that the young woman had no interest in giving.”

Knox claimed that Mignini questioned her and made suggestions on 5 November 2007.

But the transcript of Knox’s cross-examination at trial 2009 said:

Amanda Knox: The declarations were taken against my will. And so, everything that I said, was said in confusion and under pressure, and, because they were suggested by the public minister [Giuliano Mignini].

Carlo Pacelli: Excuse me, but at 1:45, the pubblico ministero was not there, there was only the judicial police.


Conclusion

The computer and telephone records as well as the corroborative testimony of multiple eyewitnesses provide irrefutable proof that Amanda Knox lied repeatedly to the police and others. Many of these lies were told before and after her questioning on 5 November 2007, so they can’t be attributed to police coercion.

There isn’t a plausible innocent explanation for these lies. Perhaps that’s the reason why the filmmakers don’t address them - they presumably don’t want to portray Amanda Knox in a negative light. It would be far harder to persuade their audience that Amanda Knox is an innocent victim, which is undeniably their ultimate objective. They were never interested in making an objective and balanced documentary that give viewers the full picture. 

Judge Bruno and Judge Marasca clearly couldn’t brush these numerous lies under the carpet and pretend they didn’t exist because Judge Massei, Judge Nencini and Judge Chieffi had detailed Amanda Knox’s lies in their reports. They acknowledge that Amanda Knox lied and claimed she had lied to cover for Rudy Guede.

The Netflix filmmakers completely hide all of this in their documentary.


Thursday, October 13, 2016

Netflixhoax 12: Omitted - How In Multiple Ways Poorly Researched Movie Contradicts Knox’s Own Book

Posted by Chimera



Ummmm… Amanda Knox is wildly unable to keep her multiple stories straight

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


1 Knox’s Own Book Says Differently

Inadmissibility issues aside, the film is blatantly contradicted by many claims WITHIN KNOX’S OWN BOOK.  Links below are for my extended series “Revenge of the Knox” on close to 1000 defamations and lies.

I rated the book as 90-95% bullshit.  There is a reason it was not 100%—because there are truthful parts of it which contradict other parts.  Research anyone?

Click here for post:  Revenge Of The Knox: How Knox’s Body Of Lies Headed For The Dark Side (Series Overview)

Click here for post:  Revenge Of The Knox, The Smear-All Book: We Get Down To Nailing ALL Her Invented Claims #1

Click here for post:  How Her Tide Of Malicious Defamation Now Threatens To Swamp Knox #1

Click here for post:  How Her Tide Of Malicious Defamation Now Threatens To Swamp Knox #2

Click here for post:  How Her Tide Of Malicious Defamation Now Threatens To Swamp Knox #3

Click here for post:  Revenge “On” The Knox: Bruno And Marasca Strike Back

Click here for post:  Revenge of the Knox, Series 4: Exposing The Tortured Logic That Permeates Her Book #1

Click here for post:  Revenge of the Knox, Series 4: Exposing The Tortured Logic That Permeates Her Book #2

2. Precisely How Knox Tries To Have It Both Ways

(A) Knox didn’t speak Italian in 2007, but supplies long conversation (that were in Italian), word for word.

(B) Knox tries to be “respectful” towards Meredith’s memory, while publishing lurid details about her death and sexual assault.

(C) Knox tries to be “fair” towards others in her life, while smearing them for drug use.

(D) Knox “thanks” her lawyers, while citing supposed incidents of their illegal acts, and professional misconduct.

(E) Knox was traumatized by her “interrogation” from Mignini, but remembers it (in Italian), word for word

(F) The same crime scene experts who “bungled” things for AK/RS were professional regarding Guede

(G) The same DNA experts who “failed to meet international standards” for AK/RS, did a great job against Guede

(H) The same authorities who “jumped to conclusions” against AK/RS, handled Guede properly.

(I) The same Judge Paolo Micheli who ran a “farce of a pre-trial” for AK/RS, properly presided over Guede’s short form trial

(J) Roommates and eyewitnesses who implicate AK/RS are “unreliable”, yet jailhouse snitches who make exculpatory claims are “very credible”.

(K) AK frequently claims “I don’t remember”, while criticizing unreliable memories of Capazelli, Quintavalle, and others.

(L) AK criticizes Italian Authorities for being dishonest, but admits to fabricating parts of this “memoir”

(M) And on, and on, and on ....

3. Contradictions Just In Author’s Note At Back

Admission #1: Knox Admits she Didn’t Write WTBH

[Author’s Note] ” .... I wouldn’t have been able to write this memoir without Linda Kulman. Somehow, with her Post-it notes and questions, with her generosity, dedication, and empathy, she turned my rambling into writing, and taught me so much in the meantime.”

Commentary:

So why isn’t Linda Kuhlman listed as the author instead of Knox?

Admission #2: Knox Admits She Doesn’t Know What her Source Material is

[Author’s Note] ” .... The writing of this memoir came to a close after I had been out of prison for over a year. I had to relive everything, in soul-wrenching detail. I read court documents and the transcripts of hearings, translated them, and quoted them throughout.”

So, what is the main source of the book?  AK claims that court documents and transcripts are translated and quoted throughout, yet those quotes are oddly absent from the book.  What exactly is AK “re-living”?  She claims not to speak Italian, yet quotes Italian conversations verbatim.  Knox also claims to have been traumatized, but she “remembers” the details and conversations almost perfectly.  And wasn’t a huge part of the 2009 defense that she and RS couldn’t remember anything?

The only documents that seem to be “quoted” are: (1) Matteini verdict where Knox did a snowjob on Judge Matteini by framing Lumumba; (2) 3rd Statement of November 5/6, 2007; (3) AK’s statement to Hellmann Appeal Court.

Admission #3: Knox Admits Parts of the Book are fabricated

[Author’s Note] ” .... The names of certain people, including friends, prisoners, and guards, have been changed to respect their privacy.”

Commentary:

Knox “did” create the persona of Cristiano, the man she met on the train.  His real name is Federico Martini, a drug dealer whose number Knox gave to authorities.  This information is publicly available.  Some “tell-all” book. Makes one wonder if AK “changed” the name of her attacker to Rita Ficarra, or “changed” the name of her interrogator to Guiliano Mignini.  Unfortunately, AK never specifies “which” names she changed.  Also makes one wonder if AK should also have added the disclaimer that certain events had been changed as well.

Admission #4: Knox Admits she Spoke Italian (even in 2007)

[Author’s Note] ” .... Aided by my own diaries and letters, all the conversations were rendered according to my memory.”

Commentary:

How did Knox “remember” long Italian conversations is 2007?  She claimed to know only basic Italian, so either that claim is false, or the conversations are largely made up.  Or both.

Admission #5: Knox Implies Book is Largely Fictional

[Author’s Note] ” .... So much has been said of the case and of me, in so many languages, in so many books, articles, talk shows, news reports, documentaries, and even a TV movie. Most of the information came from people who don’t know me, or who have no knowledge of the facts.”

Commentary:

While this comment seems to imply that “other” media is based on people with no knowledge of the case, taken literally, it could mean that WTBH was also written by someone who didn’t know Knox, and had no knowledge of the case. Ms. Kuhlman?  I’m looking at you.

Admission #6: Knox Never Bothered to Change Anything From the 2013 Version of WTBH

[Author’s Note] ” .... Until now I have personally never contributed to any public discussion of the case or of what happened to me.”

Commentary:

While that “may” have been true when the book was released in 2013, Knox did at least 30 interviews since then

4. Contradictions In Body Of Book Itself

Admission #7: Knox Admits There was no Contamination of Evidence

(a) While Claiming Evidence Against AK/RS is “contaminated”  ....

[Chapter 23, Page 276] ” ... Starting right after we were indicted, Raffaele’s and my lawyers had requested the raw data for all Stefanoni’s forensic tests. How were the samples collected? How many cotton pads had her team used to swab the bathroom sink and the bidet? How often had they changed gloves? What tests had they done - and when? Which machines had they used, at what times, and on which days? What were the original unedited results of the DNA tests?”

[Chapter 25, Page 304] ‘’ ... When the defense questioned her, Napoleoni’s manner switched from professional —albeit dishonest—to exasperated, incredulous, and condescending. For instance, when Raffaele’s lawyer Giulia Bongiorno asked if the gloves police used at the crime scene were sterilized or one-use gloves, Napoleoni took a snarky tone, saying, “It’s the same thing.”

[Chapter 27, Page 338]  ‘’ ....Gino said. Stefanoni had met none of the internationally accepted methods for identifying DNA. When the test results are too low to be read clearly, the protocol is to run a second test. This was impossible to do, because all the genetic material had been used up in the first test. Moreover, there was an extremely high likelihood of contamination in the lab, where billions of Meredith’s DNA strands were present.

[Chapter 32, Page 414]  Before the first trial, the defense began requesting forensic data from the prosecution in the fall of 2008, but DNA analyst Patrizia Stefanoni dodged court orders from two different judges. She gave the defense some of, but never all, the information. Now it was Conti and Vecchiotti’s turn to try to get the raw data that Stefanoni had interpreted to draw conclusions about the genetic profiles on the knife and the bra clasp. Stefanoni continued to argue that the information was unnecessary. Not until May 11, under additional orders from Judge Hellmann, did she finally comply.

(b).... Knox Admits Evidence Against Guede is Solid and “Properly” Collected

[Chapter 10, Page 105] ‘’ .... There was a bloody handprint smeared on the wall and a bloody shoeprint on the floor. A blood-soaked handkerchief was lying in the street nearby.’‘

[Chapter 21, Page 254] ‘’ ... “Amanda, the investigators are in a conundrum,” Carlo said. “They found so much of Guede’s DNA in Meredith’s room and on and inside her body. But the only forensic evidence they have of you is outside her bedroom. Raffaele’s DNA evidence is only on the bra hook. If you and Raffaele participated in the murder, as the prosecution believes, your DNA should be as easy to find as Guede’s.” “But Carlo, no evidence doesn’t mean we cleaned up. It means we weren’t there!” “I know,” Carlo said, sighing. “But they’ve already decided that you and Raffaele faked a break-in to nail Guede. I know it doesn’t make sense. They’re just adding another link to the story. It’s the only way the prosecution can involve you and Raffaele when the evidence points to a break-in and murder by Guede.”

[Chapter 23, Page 274] ‘’ ... The evidence gathered during the investigation pointed toward his guilt. His DNA was all over Meredith’s room and her body, on her intimate clothing and her purse. He had left his handprint in her blood on her pillowcase. He had fled the country. The prosecution called Guede’s story of how he “happened” to be at the villa and yet had not participated in the murder “absurd”—though they readily believed his claims against Raffaele and me. One of the big hopes for us was that with so much evidence against Guede, the prosecution would have to realize Raffaele and I hadn’t been involved….

[Chapter 27, Page 339] ”  Copious amounts of Rudy Guede’s genetic material had been found in Meredith’s bedroom, on her body, in her purse, and in the toilet.”

[Afterword, Page 464] ” .... None of my DNA was found in my friend Meredith Kercher’s bedroom, where she was killed. The only DNA found, other than Meredith’s, belonged to the man convicted of her murder, Rudy Guede. And his DNA was everywhere in the bedroom. It is, of course, impossible to selectively clean DNA, which is invisible to the naked eye. We simply DNA and left Guede’s and Meredith’s behind. Nor was any other trace of me found at the murder scene, not a single fingerprint, footprint, piece of hair, or drop of blood or saliva. My innocence and Raffaele’s was irrefutable. Like my legal team, I believed that the Corte di Cassazione would affirm the innocence finding.

Commentary:

AK goes on at length about how unprofessional the Italian CSI are, and how substandard their methods are.  However, AK repeatedly rants about how strong the evidence is against Guede.  “Copious” amounts of evidence seems to be Knox’s favourite expression.  So, are the Italian authorities complete crime-scene-destroying screw-ups, or did they do a good job?  It can’t simultaneously be both.  Perhaps the “A-Team” was sent in first get the evidence against Guede, while the “Inspector Gadget Team” went bumbling in afterwards.

Admission #8: Knox Admits that Conti and Vecchiotti Were “Selective” in Which DNA They Tested

[Chapter 32, Page 415] ” .... Now it was Conti and Vecchiotti’s turn to try to get the raw data that Stefanoni had interpreted to draw conclusions about the genetic profiles on the knife and the bra clasp. Stefanoni continued to argue that the information was unnecessary. Not until May 11, under additional orders from Judge Hellmann, did she finally comply.”

Commentary:

AK talks many times about how these experts were “independent, court appointed”.  In the Common Law Countries, such experts are referred to as “friends of the Court”, meaning their allegience is to the Court, not to either the Prosecution or Defense.  If that was the case, would they not want to test as many samples as possible to see just how far (if at all), that contamination really happened?  If police methods were as shoddy as AK describes, why in the world analyze just 2 samples???  Why go through the time, effort and expense to hire these experts if you are only going to contest 2 pieces of DNA???  Heck, just look all the above section, with all those “copius” amounts of evidence that supposedly implicated Guede. 

Conti and Vecchiotti later ran into legal trouble over their methods, but just from reading this book, it seems they were partial and selective about their work.

Admission #9: Knox Admits that Claims of her Being “Sex-Obsessed” Really Are True

[Chapter 2, Page 16] This was my first bona fide one-night stand.
I’d told my friends back home that I couldn’t see myself sleeping with some random guy who didn’t matter to me. Cristiano was a game changer.
We didn’t have a condom, so we didn’t actually have intercourse. But we were making out,  fooling around like crazy, when, an hour later, I realized, I don’t even know this guy. I jumped up, kissed him once more, and said good-bye. I went upstairs to the tiny room Deanna and I were sharing.
She was wide awake, standing by the window. “Where have you been?” she asked. “I didn’t know where you were or if you were okay.”

[Chapter 3, Page 32] “Do you want to eat at my place?” Mirko asked. “We can watch a movie.”
“Sure,” I said, and instantly felt an inner jolt. It came from the sudden certainty that we would have sex, that that’s where our flirtation had been heading all along.
We carried our pizza boxes through Piazza Grimana, by the University for Foreigners, and down an unfamiliar street, past a park. Mirko’s house was at the end of a gravel drive. “I live here with my sister,” he told me.
During dinner at his kitchen table my thoughts battled. Was I ready to speed ahead with sex like this? I still regretted Cristiano. But I’d also been thinking about what Brett and my friends at UW had said. I could picture them rolling their eyes and saying, “Hell000, Amanda. Sex is normal.”  Casual sex was, for my generation, simply what you did.

[Chapter 4, Page 39] The next morning I got up before he did, got dressed, and went to make myself breakfast. Bobby came into the kitchen a few minutes later. We were eating cookies when Laura came out of her bedroom. I’d never entertained a lover at the villa for breakfast, and it was awkward, despite Laura’s proclaimed sense of easy sexuality. All three of us tried to ignore the feeling away.
After breakfast Bobby left to return to Rome. 1 walked him to the door. He smiled, waved, and walked away.
I didn’t feel the same regret I’d had after sex with Mirko, but I still felt the same emptiness. I had no way of knowing what a big price I would end up paying for these liaisons.

[Chapter 5, Page 57] Being with Raffaele also taught me a big lesson about my personality that I’d tried so hard—and harmfully, in Cristiano’s case—to squelch. I was beginning to own up to the fact that casual hookups like I’d had with Mirko and Bobby weren’t for me.
I like being able to express myself not just as a lover but in a loving relationship. Even from the minuscule perspective of a few days with Raffaele, I understood that, for me, detaching emotion from sex left me feeling more alone than not having sex at all—bereft, really.

Commentary:

This isn’t so much an “admission”, but showing the obvious.  4 of the first 5 chapters go on and on about her casual flings, and the book is littered with references to her bunny vibrator.  Later chapters make serious accusations (never reported) of sexual assault, and sexual harassment.

Admission #10: Knox Admits She Likes Writing Stories (True or False) About Women Being Sexually Abused

[Chapter 6, Page 73] ” .... itself—how sadistic her killer had been. When the police lifted up the corner of Meredith’s beige duvet they found her lying on the floor, stripped naked from the waist down. Her arms and neck were bruised. She had struggled to remain alive. Her bra had been sliced off and left next to her body. Her cotton T-shirt, yanked up to expose her breasts, was saturated with blood. The worst report was that Meredith, stabbed multiple times in the neck, had choked to death on her own blood and was found lying in a pool of it, her head turned toward the window, eyes open.”

[Chapter 8, Page 92] ” .... While we stood there, the detectives started asking me pointed questions about Giacomo and Meredith. How long had they been together? Did she like anal sex? Did she use Vaseline?”

[Chapter 10, Page 104] “.... There was evidence that Meredith had been penetrated, but none that proved there had been an actual rape.”

[Chapter 10, Page 119] ” .... I do not remember if Meredith was there or came shortly afterward. I have a hard time remembering those moments but Patrick had sex with Meredith, with whom he was infatuated, but I cannot remember clearly whether he threatened Meredith first. I remember confusedly that he killed her.”

[Chapter 11, Page 137] ‘’ ... Still, what came next shocked me. After my arrest, I was taken downstairs to a room where, in front of a male doctor, female nurse, and a few female police officers, I was told to strip naked and spread my legs. I was embarrassed because of my nudity, my period—I felt frustrated and helpless. The doctor inspected the outer lips of my vagina and then separated them with his fingers to examine the inner. He measured and photographed my intimate parts. I couldn’t understand why they were doing this. I thought, Why is this happening? What’s the purpose of this? ....’‘

[Chapter 12, Page 145] ” .... “Your panties and bra, please,” Lupa said. She was polite, even gentle, but it was still an order.  I stood naked in front of strangers for the second time that day. Completely disgraced, I hunched over, shielding my breasts with one arm. I had no dignity left. My eyes filled with tears. Cinema ran her fingers around the elastic of the period-stained red underwear I’d bought with Rafael at Bubble,”

[Chapter 12, Page 152] ” .... Later, while I was sitting on the toilet, the redheaded guard came by and watched me through the peephole. So there was no privacy at all, then.”

[Chapter 16, Page 192] ” .... The first time he asked me if I was good at sex, I was sure I’d misheard him.
I looked at him incredulously and said, “What?!”
He just smiled and said, “Come on, just answer the question. You know, don’t you?”
Every conversation came around to sex. He’d say, “I hear you like to have sex. How do you like to have sex? What positions do you like most? Would you have sex with me? No? I’m too old for you?”

[Chapter 17, Page 197] ” ....November 15-16,2007.Vice-Comandante Argiro broke the news. Instead of his usual greeting—a lecherous smile and a kiss on both cheeks—he stayed seated behind his desk.”

[Chapter 18, Page 207] ” .... They were convinced that Meredith had been raped—they’d found her lying on the floor half undressed, a pillow beneath her hips—and that the sexual violence had escalated to homicidal violence.”

[Chapter 24, Page 286] ” .... They said she kissed me once and that I feared further sexual harassment. They knew she was a cleaning fanatic and that she wouldn’t let me make coffee because it would leave water spots on the sink.”

[Chapter 27, Page 335] ” .... I couldn’t stand thinking about Meredith in the starkly clinical terms the scientists were using to describe her. Did her bruises indicate sexual violence or restraint? What did the wounds to her hands and neck suggest about the dynamics of the aggression? What did the blood splatter and smears on the floor and armoire prove about her position in relation to her attacker or attackers?”

[Chapter 30, page 377] ” .... When we first met, we’d entertained each other making light of prison’s darkest aspects—being subjected to daily strip searches by agenti”

Commentary:

AK was made (more) infamous from her “Baby Brother” story, published online in 2007

Short Story Shows Amanda Knox Had Rape “In Her Mind”

[Chapter 18, Page 207] ” ....They published parts of a short story I’d written for a UW creative writing class, about an older brother angrily confronting his younger brother for raping a woman.”

Commentary:

Also see this (supplied by Hopeful), where Knox gets to “proxy-rape” someone else.  The 3rd paragraph is disturbing.

How Amanda Knox Is Encouraging West Seattle To Adulate Seriously Sick Individuals

Amanda’s View: The Stanford rape case: redirecting focus

Commentary:

Again, not so much an admission, but showing the obvious.  Just a thought, but maybe Meredith’s murder really wasn’t about anger or jealousy.  Perhaps Knox is just a sexual predator, who decided to “silence” her victim afterwards.

Admission #11: Knox Admits There is a Strong Case

[Chapter 6, Page 65] Reference to the bloody footprint on the bathmat, (dismissed as “dripping”)

[Chapter 10, Page 113] Knox admits Sollecito pulled her alibi.

[Chapter 17, Page 197] References the murder weapon being found.

[Chapter 17, Page 199] Reference to a striped sweater that went missing.

[Chapter 18, Page 212] Reference to AK’s blood on the faucet (and implausible story about taking earrings out).

[Chapter 20, Page 234] Reference to story of RS killing Meredith, then planting AK’s fingerprints.

[Chapter 21, Page 245] Reference to RS DNA on bra clasp.

[Chapter 21, Page 246] Reference to the bloody footprints in the hall.

[Chapter 21, Page 250] Reference to blood soaked bathroom.

[Chapter 22, Page 269] Reference to the bloody knife imprint on Meredith’s bedsheet.

[Chapter 23, Page 280] References to attempts to stage crime scene.

[Chapter 25, Page 291] References to statements of November 5/6.

[Chapter 25, page 297] Reference to the cut on AK’s neck (which she calls a hickey)

[Chapter 25, Page 307] Reference to AK/RS phones being switched off.

[Chapter 26, Page 313] Reference to Kokomani seeing Knox/Sollecito/Guede together.

[Chapter 26, Page 314] Reference to Marco Quintavalle seeing Knox in his store the morning after.

[Chapter 26, Page 315] Reference to neighbor Nara Capezzali hearing Meredith scream.

[Chapter 26, Page 318] Reference to Antonio Curatolo seeing Knox.

[Chapter 26, Page 325/326] Knox testimony restricted to calunnia charge.

[Various] See the section below.  Knox makes numerous incriminating admissions.  Details she knew about the murder.

Admission #12: Knox Admits She Knows What Happened to Meredith

(a) Knox knew that Guede had used the toilet at her flat.  There is no other explanation.  Consider that Meredith’s murder happened sometime between 10pm and midnight, and Knox came back around 11am the next morning.  This means it had been unflushed for 11-13 hours.

(b) Knox knew Meredith had her throat cut—before the police did.

(c) Knox knew that Meredith had been moved—before the police did.

(d) Knox knew Meredith had been sexually assaulted—before the police did.

(e) Knox knew that Meredith had suffered.

(f) Knox knew that Meredith had screamed—a detail confirmed by neighbours.

(g) Knox knew more about Guede’s criminal past than the police did assuming this isn’t just another smear

(Why Knox’s Damning Last Live TV Interview Was Attacked And Labeled “Controversial”)

(h) Know knew which knife was the murder weapon

(Why Knox’s Damning Last Live TV Interview Was Attacked And Labeled “Controversial”)

(I) Knox knew that Meredith’s money had been taken.

(j) Knox knew—as did Sollecito—that nothing had been taken during the break in.

(k) Knox knew a black man was involved.  She just falsely accused the wrong one.

(l) Knox’s “alibi” for her footprints—Sollecito’s—in Meredith’s blood was that it was just bleach.

Commentary:

Although the details have been “dripping” out, this in particular reads like a pretty damning murder confession.)

Admission #13: Knox Admits her “50 hour interrogation” is false

[Chapter 6, Page 77] ” .... Now I see that I was a mouse in a cat’s game. While I was trying to dredge up any small thing that could help them find Meredith’s killer and trying to get my head around the shock of her death, the police were deciding to bug Raffaele’s and my cell phones.

[Chapter 7, Page 83] ” .... The police weren’t stopping to sleep and didn’t seem to be allowing us to, either. Rafael and I were part of the last group to leave the questura, along with Laura, Filomena, Giacomo, and the other guys from downstairs, at 5:30 A.M. The police gave Rafael and me explicit instructions to be back at the questura a few hours later, at 11 A.M. “Sharp,” they said.

[Chapter 10, Page 105] ” .... But trying to be adult in an unmanageable situation, I borrowed Raffaele’s sweatpants and walked nervously to my 9 A.M. grammar class. It was the first time since Meredith’s body was found that I’d been out alone.
Class wasn’t as normal as I would have liked. Just before we began the day’s lesson, a classmate raised her hand and asked, “Can we talk about the murder that happened over the weekend?”

[Chapter 10, Page 108] ” .... Did the police know Id show up, or were they purposefully separating Rafael and me? When we got there they said I couldn’t come inside, that I’d have to wait for Rafael in the car. I begged them to change their minds. I said, “I’m afraid to be by myself in the dark.”
They gave me a chair outside the waiting room, by the elevator. I’d been doing drills in my grammar workbook for a few minutes when a silver-haired police officer—I never learned his name—came and sat next to me. He said, “As long as you’re here, do you mind if I ask you some questions?”
I was still clueless, still thinking I was helping the police, still unable or unwilling to recognize that I was a suspect.”

[Chapter 10, Page 114] ” .... “Where did you go? Who did you text?” Ficarra asked, sneering at me.
“I don’t remember texting anyone.”
They grabbed my cell phone up off the desk and scrolled quickly through its history.
“You need to stop lying. You texted Patrick. Who’s Patrick?”
“My boss at Le Chic.”
“What about his text message? What time did you receive that?”
“I don’t know. You have my phone,” I said defiantly, trying to combat hostility with hostility. I didn’t remember that I’d deleted Patrick’s message.”

[Chapter 10, Page 117] ” .... People were shouting at me. “Maybe you just don’t remember what happened. Try to think. Try to think. Who did you meet? Who did you meet? You need to help us. Tell us!”
A cop boomed, “You’re going to go to prison for thirty years if you don’t help us.”

Commentary:

A number of points to address in the “Knox Interrogation Hoax”

(a) Knox complains that her phone and RS’ were tapped, but it seems that no effort was ever made either to pull their phone records, confirm their locations, confirm if the phones were on, or to read any text messages.  Seems very half assed.  Knox further claims that while she and RS were the targets, police went out of their way to get them to implicate—someone else! Patrick Lumumba.

(b) Knox admits that “all” the residents of the house were detained, not just her.  And hanging around the central police station is not the same as being questioned.

(c) Knox admits she went to class on Monday

(d) Knox admits she showed up at the Questura uninvited

(e) Knox admits she had to ask to be let in and to stay on

(f) Knox admits she gave PL’s name to the police

Admission #14: Knox Admits that Mysogeny was not an Issue

All of these women were involved in the case and none claimed THEY were made targets:

(a) Monica Napoleoni—Chief Inspector

(b) Rita Ficarra—Inspector

(c) Manuela Comodi—Prosecutor

(d) Claudia Matteini—Judge

(e) Patrizia Stefanoni—DNA expert

(f) Sarah Gino—Defense DNA expert

(g) Maria del Grosso—Knox lawyer

(h) Guilia Bongiorno—Sollecito lawyer

(i) Carla Vecchiotti—“Independent” expert appointed by Judge Hellmann

Commentary:

So at least 9 women were described in positions of power and influence in WTBH, and none of them claimed bias or discrimination.

Admission #15: Knox Admits Her Lawyers Didn’t “Sign Off” on her Book

[Chapter 16, Page 194] ” .... Luciano looked revolted, and Carlo urged me, “Anytime At-giro calls you alone into an office, tell him you don’t want to speak with him. He could be talking about sex because Meredith was supposedly the victim of a sexual crime and he wants to see what you’ll say. It could be a trap.”

[Chapter 20, Page 230] ‘’ ... “It’s risky,” Carlo said. “Mignini will try to pin things on you.” “He already has,” I told them. The first time I met Mignini at the questura, I hadn’t understood who he was, what was going on, what was wrong, why people were yelling at me, why I couldn’t remember anything. I thought he was someone who could help me (the mayor), not the person who would sign my arrest warrant and put me behind bars…’‘

[Chapter 21, Page 254] ‘’ ... “Amanda, the investigators are in a conundrum,” Carlo said. “They found so much of Guede’s DNA in Meredith’s room and on and inside her body. But the only forensic evidence they have of you is outside her bedroom. Raffaele’s DNA evidence is only on the bra hook. If you and Raffaele participated in the murder, as the prosecution believes, your DNA should be as easy to find as Guede’s.” “But Carlo, no evidence doesn’t mean we cleaned up. It means we weren’t there!” “I know,” Carlo said, sighing. “But they’ve already decided that you and Raffaele faked a break-in to nail Guede. I know it doesn’t make sense. They’re just adding another link to the story. It’s the only way the prosecution can involve you and Raffaele when the evidence points to a break-in and murder by Guede.”

[Chapter 22, Page 270] ‘’ ... Carlo, the pessimist, said, “Don’t get your hopes up, Amanda. I’m not sure we’ll win. There’s been too much attention on your case, too much pressure on the Italian legal system to think that you won’t be sent to trial.”

[Chapter 27, page 330] ” .... Carlo, who’d never sugarcoated my situation, said, “These are small-town detectives. They chase after local drug dealers and foreigners without visas. They don’t know how to conduct a murder investigation correctly. Plus, they’re bullies. To admit fault is to admit that they’re not good at their jobs. They suspected you because you behaved differently than the others. They stuck with it because they couldn’t afford to be wrong.”

Commentary:

While Carlo Dalla Vedova and Luciano Ghirga don’t seem overly bright (or ethical), it is very doubtful that either would commit career suicide by endorsing such claims, in essence that they failed to act to protect their client.  These claims from the book were never reported.

Admission #16: Knox Admits that Guede got no “Deal” to Testify

[Chapter 22, Page 273] ” .... The first day of the pretrial was mostly procedural. Almost immediately Guede’s lawyers requested an abbreviated trial. I had no idea the Italian justice system offered this option. Carlo later told me that it saves the government money. With an abbreviated trial, the judge’s decision is based solely on evidence; no witnesses are called. The defendant benefits from this fast-track process because, if found guilty, he has his sentence cut by a third.”

[Chapter 30, Page 384] ” .... friend. That feeling was compounded when, about three weeks after Raffaele and I were convicted, the appeals court cut Rudy Guede’s sentence nearly in half, from thirty years to sixteen. Meredith’s murderer was now serving less time than I was—by ten years! How can they do this?!”

In summary:

WTBH is mostly dishonest crap, but the truthful parts (about 5-10%) contradict the other parts.  Research, anyone?

5. Will the documentary makers please actually read AK’s book?

Painful yes, but red flags are everywhere. I ASSUME they want the truth…

6. Knox Illegally In Toronto

This post is one in our ongoing series.

Netflix’s “Amanda Knox” was first shown at the September 2016 Toronto International Film Festival. Knox herself attended to promote the movie.

That got it off to a fast start but under the law, with her criminal record, she should not even have been there.  Knowing her criminal record, it is unclear “why” she was allowed into Canada.  Section 140 of the Canadian Criminal Code (public mischief), makes it a crime, punishable by up to 5 years in prison to falsely accuse someone of a crime, or to divert suspicion from him/herself.

This is the Canadian equivalent of “calunnia”, which Judge Massei gave her 1 year for, which Judge Hellmann raised to 3 years.  Even though Canada has a different name for calunnia, the act itself is still very much illegal.

Since the financial restitution to PL was never paid for the hell she put him through, AK still has outstanding legal obligations, another reason she is inadmissible.

Knox claims she was not paid or compensated in any way for this documentary, though that is very unlikely.  Further, the Province of Ontario has rules which prohibit criminals from cashing in on the notoriety of their crimes, still another reason Knox should not have been allowed into Canada.  This is similar to American “Son-of-Sam” laws.

Even though the rape and murder charges were ultimately thrown out, Canada Border Services and Canadian Immigration are required to not allow entry to persons who pose a danger to the public.  “Present at the murder scene, washing blood off her hands” isn’t exactly being “innocent” of the crime.  This is the strongest reason Knox should have been denied entry.

In future, countries she visits should be put in the know on all of this.


Below: Stephen Robert Morse, Rod Blackhurst, and Brian McGinn: NO CLUE what is in book?


Saturday, October 08, 2016

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

Posted by Peter Quennell


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


1. The 2009 Trial Verdict Was Exactly Right

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

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

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

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

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

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

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

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

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

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

2. Thirty PR Hoaxes To Make You Ignore The Above

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

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

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

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

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

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

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

3. Question For Knox About Her “Interrogation”

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

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

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

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

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

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

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

The pubblico ministero came in.

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

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

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

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

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

    I said, “I didn’t see anything.”

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

    “I don’t know,” I said.

    “Where did you meet him?”

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

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

    “What was he wearing?”

    “I don’t know.”

    “Was he wearing a jacket?”

    “I think so.”

    “What color was it?”

    “I think it was brown.”

    “What did he do?”

    “I don’t know.”

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

    “I’m confused!”

    “Are you scared of him?”

    “I guess.”

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

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

    “I guess so.”

    “Where did you meet?”

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

    “You went to the house?”

    “I guess so.”

    “Was Meredith in the house?”

    “I don’t remember.”

    “Did Patrick go in there?”

    “I don’t know, I guess so.”

    “Where were you?”

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

    “Did you hear Meredith screaming?”

    “I don’t know.”

    “How could you not hear Meredith screaming?”

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

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

    “I don’t know.”

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

    He said, “Did you hear her scream?”

    I said, “I think so.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Sunday, October 02, 2016

Netflixhoax 7: Omitted - Amanda Knox’s Many Misrepresentations To Florence Appeal Court

Posted by The TJMK Main Posters


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


1. Many false claims in the film

NONE of the false claims by speakers were rebutted. Not one, by the Knox PR team moonlighting as serious directors and producers.

The producers’ bizarre technique was to place Knox, Sollecito, Conti & Vecchiotti in front of a camera and then to let them lie unchecked as they did repeatedly throughout the 90 minute film.

For example, Knox makes a very shrill claim in the film that she was repeatedly hit and forced into a “confession” by angry and abusive cops.

In fact she wasnt hit by anyone, except by herself. There was not even an interrogation that night - only the building of a list of names with a couple of kind cops.

Her own lawyers confirmed she was not hit, and they never filed a complaint. They publicly pleaded that she stop making things up. The movie never tells us this, never ever challenges Knox.  We’ll return to this false claim in depth.

For balance, how many Italian justice officials do you suppose the PR team invited to represent the huge team of police, prosecutors and judges, and all of the witnesses, and the huge body of evidence? And to rebut Knox’ claims? After, all she was accusing his staff of crimes.

Precisely one. Dr Mignini. That was it.

He was not even told of the accusations of crimes from Knox. Instead he was asked to address only childish touchy-feely questions which no Italian journalist would ever dream of addressing to a highly trained prosecutor or judge. Dr Mignini is a regular on Italian TV explaining serious legal issues of some complexity, and is a master at it. 

2. Lies previously reported and rebutted

We have so far rebutted seven false claims made by the team in the media or in the film in the previous posts here..

(1) That Knox was found innocent by the Fifth Chambers and fully exonerated or exculpated. No she wasnt. She was confirmed as being at the scene at the time with blood on her hands based on copious evidence, and any trial or appeal court which normally handles murders (the Fifth Chambers does not) would have insisted the Nencini verdict should stand. She remains guilty for life of calunnia and she still owes Patrick his award. Research anyone?

(2) That Dr Mignini hoodwinked the Justice system some way in a supposed pursuit of Amanda Knox although 30-plus judges in fact guided the judicial process - in Italian justice they and not prosecutors are the equivalent of American district attorneys. Raffaele Sollecito is conveniently not accounted for in this conspiracy theory, although with the possible exception of Patrick Lumumba’s lawyer, Sollecito’s words for Knox were the harshest, and his anger rattled on for years. Research anyone?

(3) That Dr Mignini pursued this because he had been convicted, although the conviction, by a rogue prosecutor and rogue judge in Florence with murky connections, had been annulled (in effect deleted; no record) by an appeal court and that confirmed by a strident Supreme Court ruling more than three years prior to the Netflix movie. Research anyone?

(4) That Dr Mignini had consulted a psychic, though it was widely known for many years that he had done no such thing and had written to Corriere at length refuting this more than three years prior to the Netflix movie. Research anyone?

(5) That Dr Mignini holds satanic and sex-orgy theories in this and other cases. No he does not. He has been on national TV pushing satanic theories back and saying they are few. The satanic theory of the Monster of Florence case goes back over a decade before he was requested to check an arm of the case. Knox and Sollecito and Guede were all convicted of murder with a sex-crime element, read all the judges reports prior to trial, all agreed an attack with a sexual aspect was what the evidence said.  Research anyone?

(6) That the Italian justice system is somehow a dangerous error-prone joke (widely accepted as gospel by the movie’s reviewers) though in fact it is one of the most careful systems in the world and unlike the American system (with which it links extensively) never ever sees a false conviction standing by the end of the exhaustive appeals process. Research anyone?

(7) That the release of a provisional positive HIV finding for Knox and a list she created of her recent sex partners was a malicious act by prison staff or prosecutors, though they released precisely NOTHING and it was the Knox defense team that was fervently distributing those materials (of considerable damage to Knox’s public perception). Research anyone?

3. Starting to address Knox’s lies

Much of what Knox says in the movie is untrue. That is not unusual. She consistently lies in all her interviews. She also consistently tries to damage people.

In her book alone we have counted several lies on each page, close to 1000, and about 100 instances of defamations, lies intended to create real damage.

We are going to post separately on each of Knox’s most sweeping and most self-serving lies. Here, we give several dozen examples of lies repeatedly refuted, some of which are in the movie.

The Knox PR team moonlighting as serious directors and producers claim that they devoted SIX YEARS to getting their movie right. They could have found these rebuttals and read them all in a day or two if an honest movie was what they wanted to make.

Perhaps they were simply uncaring of the truth, lost in the complexities of the case, and uncaring of who they damaged, including the real victim’s family, and of what portrait they offered of Italy and Italian justice and its officers, however damaging and vile and untrue.

Or perhaps they were already deeply corrupted, and crazed at the prospect of fame and future career prospects and bloodmoney. If so, they are in unsavory company.

4. Knox’s lies to Italy (#1) rebutted

Knox does not often get the opportunity to lie on a grand scale to Italians. Just as well for her as the negative reaction is opposite and immediate.

Italians followed the trial in real-time witnessed a strident contemptuous sharp-tongued “Terminator Knox” on the witness stand for two days at trial, resulting in this sarcastic reaction and this sarcastic reaction.

“Daffy Knox” and “Terminator Knox” who forever sought media attention at trial in 2009 were retired from 2010 onward in favor of “Whiny Victim Knox”.

In 2013 Knox was too timid to return for her own Florence appeal presided over by Judge Nencini, but not too timid to send him a massively self-infatuated email containing some of the same lies Knox repeats in the movie. Here they all are, easily rebutted by Finn MacCool in Dec 2013. Research anyone?


[By Finn MacCool] You can read here the email Amanda Knox sent to Judge Nencini.

It is dated 15 December 2013 and was handed to Dr Nencini by Dr Ghirga, apparently to the disdain of both of them. It contains many statements which, if she were under oath, could be considered perjury.

One telling point is that she claims “I am not present in the courtroom because I am afraid.”  Her co-defendant, Raffaele Sollecito, was not so afraid and he did present himself at an earlier stage of the proceedings.

He made a spontaneous statement and the judge assured him that he should feel free to intervene and make further interventions whenever he wished. So far he hasn’t wished to - he preferred to head back to the Caribbean for his holiday.

But that event and that presence by Sollecito completely undermine the credibility of Knox’s claim that she feels afraid of the court proceedings. There would be nothing to stop her coming and going, at this stage, just as Sollecito did.

I have no doubt that my lawyers have explained and demonstrated the important facts of this case that prove my innocence and discredit the unjustified accusations of the prosecution and civil parties.

That’s what her lawyers were about to try to do. But instead they had to hand this email to the judge, showing their client’s complete contempt for the court process.

I seek not to supplant their work

She doesn’t want to supplant the work of her own lawyers? Most defendants don’t, nor do they feel the need to tell the court that using an archaic seventeenth-century grammatical construction (where modern English would have “I do not mean to…” or “I do not wish to…”)

Because I am not present to take part in [my own appeal], I feel compelled to share.

As Judge Nencini said, if anyone wants to talk to a court, come to court. Knox chose not to be present, which means that the word “because” is not a logical connector for why she feels compelled to share what she thinks. “Even though” would make more sense.

The Court has access to my previous declarations and I trust will review them…

The court has access to thousands of pages. Everybody trusts that courts will review the evidence before passing judgment – that’s how the legal process works.

I must repeat: I am innocent.

In fact she does not have to repeat that, which is simply a reiteration of her not guilty plea.

I am not present in the courtroom because I am afraid.

The wording is reminiscent of a previous declaration, “I am very afraid of Patrik, the African boy who…” Also the court may remember the presence of her co-defendant, who made a brief presentation to the court (and was invited to intervene again at any time he saw fit) and who afterwards flew back to his extended vacation in the Dominican Republic. It is difficult to see what the defendants have to be afraid of from the court, except perhaps the truth.

I am afraid that the prosecution’s vehemence will leave an impression on you, that their smoke and mirrors will blind you.

The prosecution’s case has already been made; this was the opportunity for the defense to make their case. It is the court’s duty to consider the evidence without being overly swayed by the vehemence of lawyers from either side – they look at the facts, and pass judgment based on that, and this happens in literally millions of cases every year. (Cassazione alone reviews more than 80 thousand cases each year.)

This is not for lack of faith in your powers of discernment, but because the prosecution has succeeded before in convincing a perfectly sound court of concerned and discerning adults to convict innocent people – Raffaele and me.

The second half of the sentence contradicts the first. The writer is explicitly stating that she doubts that the court has sufficient powers of discernment to be able to see through the prosecution’s arguments. Her justification for saying this is simply that it has happened before, with a previous court.

I’ve attentively followed this process and gleaned the following facts…

This is a delusional statement. The writer is the defendant, who is the subject of the process, not an external observer to it. We can compare it with her statements following her arrest, in which she claimed still to be helping the police on an equal basis with them, despite being charged with the murder.

No physical evidence places me in Meredith’s bedroom, the scene of the crime…

The bedroom is where the murder took place, but the crime scene is much wider than that, and certainly encompasses the adjoining room where the burglary was faked, the bathroom where the killers cleaned up, and the corridor that connects those rooms. Knox’s blood, DNA, bare footprints are all found in those places. Within Meredith’s room itself, there is also a woman’s shoeprint that does not match the victim, and which Knox’s own lawyer was obliged to claim was caused by an unfortunate fold in the pillowcase.

Meredith’s murderer left ample evidence in the brutal scenario: handprints, footprints, shoe prints in Meredith’s blood, DNA in her purse, on her clothing, in her body.

The term “brutal scenario” makes no sense here, although she repeats it again a couple of lines later. Perhaps she means “crime scene” or “bedroom”. The only footprints found at the crime scene are those of Knox and Sollecito. A woman’s shoeprint in the room where the murder took place cannot be that of either Guede or the victim, and is most likely that of Knox.

The prosecution has failed to explain how I could have… been the one to fatally wound Meredith – without leaving any genetic trace of myself. That is because it is impossible.

Actually it is perfectly possible to do this – for example, simply by stabbing someone to death while wearing gloves. However, in this case the prosecution has in fact explained how several traces of Knox’s DNA have been found on the handle of the knife which had the victim’s DNA on the blade. That obviously fits a scenario in which Knox stabbed Meredith Kercher with that knife.

Either I was there, or I wasn’t.

The same thing applies to the appeal court. Either the defendants are there, or they are not. In this case, the defendant is not.

The analysis of the crime scene answers this question: I wasn’t there.

Knox’s footprints, blood and DNA, sometimes mixed with that of the victim, all place her at the crime scene, and so does her DNA on the handle of the murder weapon.

My interrogation was illegal and produced a false “confession” that demonstrated my non-knowledge of the crime.

“Non-knowledge” is a curious word. Knox’s witness interview was perfectly legal – it was only the unexpected confession from the witness that changed the status of that interview, so that its contents could no longer be used against her. But there is no question over its legality.

The subsequent memoriali, for which I was wrongfully found guilty of slander…

This is an extraordinary aside. The defendant is here rejecting the legitimacy of the Italian Supreme Court, which has definitively found against her, and is also rejecting the findings of the Hellmann court that provisionally freed her, pending appeal. Every single court has found against her on this count.

. ...did not further accuse but rather recanted that false “confession”.

Let us reread some excerpts from this supposed recantation: “After dinner I noticed there was blood on Raffaele’s hand… I stand by my statements that I made last night about events that could have taken place in my home with Patrik… In these flashbacks I’m having, I see Patrik as the murderer…Why did I think of Patrik?... Is there any other evidence condemning Patrik or any other person?” This is not a recantation, and it does in fact contain further accusations of Patrick Lumumba while also seeking to throw suspicion both on Sollecito and an unnamed “other person”.

My behavior after the discovery of the murder indicates my innocence.

As dozens of witnesses have testified in a series of trials and appeals, Knox’s post-murder behavior indicated the exact opposite, which is why suspicion fell on her in the first place.

I did not flee Italy when I had the chance.

On page 71 of her memoir, Knox recounts the following exchange with Officer Ficarra, on the day after the murder was discovered: “My parents want me to go to Germany to stay with relatives for a couple of weeks. Is that okay?” She said, “You can’t leave Perugia. You’re an important part of the investigation.”

I stayed in Perugia and was at the police’s beck and call for over 50 hours in four days.

Chapter Ten of her memoir gives her own account of what she did on Monday, November 5th. She went to a nine o’clock grammar class, at which she refused to discuss the case with her fellow students; she spoke on the phone with her Aunt Dolly, admitting that she had not yet contacted the US embassy; she bumped into Patrick Lumumba where she refused to talk to BBC reporters; she spent the afternoon with Sollecito and then accompanied him to a friend’s house where she played the ukulele. Far from being at the police’s beck and call, she ignored their request that she stay home while they interview Sollecito separately, and turned up to the Questura regardless, although not before they had finished their evening meal.

The police coerced me into signing a false “confession”….

Her false accusation of Patrick Lumumba, for which she was convicted and has already served four years in prison, was not a confession and was not coerced.

. …one may be coerced into giving a false “confession” because of psychological torture… This is a universal problem.

The US-based Innocence Project reports that there have been 244 exonerations since 2000, which is just over seventeen per year, which in turn means that currently in the USA, roughly 0.1% of cases are eventually overturned. Being wrongfully convicted might be devastating for the person concerned, but it is not a universal problem.

I did not carry around Raffaele’s kitchen knife.

The defendant has not been accused of carrying the knife around, but rather of stabbing Meredith Kercher to death with it. Forensic evidence supports that accusation, too.

I had no contact with Rudy Guede. Like many youth in Perugia, I had once crossed paths with Rudy Guede.

Very typical of Knox’s writing is this kind of self-contradiction, sometimes occurring within the same sentence, or as in this case, in consecutive sentences, seemingly with no self-awareness that any contradiction has even occurred.

If the prosecution truly had a case against me, there would be no need for these theatrics.

The prosecution is present in the court, having made its presentation in the usual way. The defense lawyers are about to do exactly the same thing. The only theatrics happening in the court at that moment is a bizarre email sent by one of the defendants, in lieu of attending her own appeal to her own murder conviction.

But because no evidence exists that proves my guilt, the prosecution would seek to deceive you with these impassioned, but completely inaccurate and unjustified pronouncements.

No further comments… [End Finn MacCool] 

5. Knox’s lies to Italy (#2) rebutted

The Italian weekly magazine Oggi is actually on trial for contempt of court for translating and republishing some of the numerous lies and defamations in Knox’s book Waiting To Be Heard.  This is the article with offending Knox quotes in bold, and below our own rebuttal. Research anyone?

Amanda Knox: The American girl’s sensational story

Chilling. No other adjectives come to mind after having read Waiting to be Heard, finally released in the United States. An extremely detailed and very serious charge against the police and magistrates who conducted the investigation into the murder of Meredith Kercher.

Immediately after the crime, Amanda recounts, and for entire days and nights, they had interrogated the American girl and placed her under pressure to make her confess to a non-existent truth, without officially investigating her, denying her the assistance of a lawyer, telling her lies, even prohibiting her from going to the bathroom and giving her smacks so as to make her sign a confession clearly extorted with something similar to torture.

And now the situation is very simple. There are only two choices: either Amanda is writing lies, and as a consequence the police officers and magistrates are going to have to sue her for defamation; or else she is telling the truth, and so they are going to have to go, not without being sanctioned by the CSM [the magistrates’ governing body] and the top brass of the Police. The third possibility, which is to pretend that nothing has happened, would be shameful for the credibility of our judicial system.

Amanda Knox has written her Waiting to be Heard memoir with the sense of revulsion and of relief of someone who has escaped by a hair’s breadth from a legal disaster, but has got her sums wrong. Cassation has decided that the [appeal] proceedings have to be redone and the hearings should be (re)commencing in October before the Florence Court of Appeal.

In a USA Today interview, Ms Knox has not excluded the possibility of “returning to Italy to face this battle too”, but it would be a suicidal decision: it’s likely that the appeal will result in a conviction, and the Seattle girl will end up in the black hole from which she has already spent 1,427 days.

In this way Waiting to be Heard risks being the “film” on which Amanda’s last words are recorded about the Mystery of Perugia, her definitive version.

We have read a review copy. And we were dumbfounded. Waiting to be Heard is a diary that has the frenetic pace of a thriller, written in a dry prose (behind the scenes is the hand of Linda Kulman, a journalist at the Huffington Post), even “promoted” by Michiko Kakutani, long-time literary critic at the New York Times.

The most interesting part does not concern the Raffaele Sollecito love story (which Amanda reduces it to puppy love: “With the feeling, in hindsight, I knew that he… that we were still immature, more in love with love than with each other”), and whoever goes looking for salacious details about the three Italian boys Amanda had casual sex with, one night stands, will be frustrated (Ms Knox describes those enounters with the nonchalance of an entomologist disappointed with his experiments: “We undressed, we had sex, I got dressed again with a sense of emptiness”).

There are no scoops about the night of the murder and even the many vicissitudes endured during the 34,248 hours spent in Capanne prison – the [claimed] sexual molestations suffered under two guards, the unexpected kiss planted by a bisexual cellmate, the threats made by another two prisoners – remain on the backdrop, like colourful notations.

Because what is striking and upsetting, in the book, is the minute descriptions, based on her own diaries, on the case documents and on a prodigious memory, of how Ms Knox had been incriminated (or “nailed”).

COME IN KAFKA. A Kafkian account in which the extraordinary naivety of Amanda (the word naïve, ingénue, is the one which recurs most often in the 457 pages of the book) mixes with the strepitous wickedness of the investigators decided on “following a cold and irrational trail because they had nothing better in hand”.

Devour the first 14 chapters and ask yourself: is it possible that the Police and Italian justice work with such incompetence, ferocity, and disdain for the truth? You place yourself in her situation and you scare yourself: If it happened to me? You’re in two minds: is it a likely accusation, or a squalid calumny, the version of Amanda?

Because in reading it you discover that in the four days following the discovery of Meredith Kercher’s body (on 2 November 2007), Amanda was interrogated continuously, and without the least of procedural guarantees [=due process].

She changes status from witness to suspect without being aware of it.” No one had told me my rights, no one had told me that I could remain silent”, she writes. When she asked if she had the right to a lawyer, the Public Prosecutor, Giuliano Mignini, had responded like this: “No, no, that will only worsen things: it would mean that you don’t want to help us”. Thus, the Public Prosecutor, Giuliano Mignini.

For a long period of time, Ms Knox, who at the time spoke and understood hardly any Italian at all, mistook him for the Mayor of Perugia, come to the police station to help her.

Then, with the passage of time and of the pages, the assessment changes: Mignini is a prosecutor “with a bizarre past”, investigated for abuse of office (he was convicted at first instance, but Cassation annulled the verdict on the grounds of lack of jurisdiction: the case will be held in Torino – ndr) and with the hunger to fabricate “strange stories to solve his cases”.

Mignini “is a madman who considers his career more important than my liberty or the truth about the killing of Meredith”. On the phone, the Perugian prosecutor reacts with aplomb: “First I will read the book and then I will consider it. Certainly, if it really calls me ‘mad’ or worse, I think I will file suit”.

BEING IN PRISON IS LIKE CAMPING Amanda goes looking. When the officers mysteriously bring her along to the crime scene inspection of the apartment below the one in which she and Meredith were living in, Ms Knox put on the shoe protectors and the white forensics gloves and called out Ta-dah! spreading her arms “as if I was at the start of a musical: I wanted to appear helpful”.

When they dragged her in handcuffs into Capanne Prison, she believed what the Police would have told her, and that was they would hide her for a couple of days to protect her (from the true killer, one presumes) and for unspecified bureaucratic reasons. “In my head I was camping: ‘This won’t last more than a week in the mountains’, I told myself,” writes Amanda.

They take her money off her, and her credit cards, licence and passport, and she draws strength from repeating to herself that “surely they’re not going to give me a uniform, seeing that I’m a special case and that I’ll be here for only a little while”.

But it’s the account of the notorious interrogation that takes the breath away. Around ten in the evening on her last day of freedom, Ms Knox accompanies Raffaele to the police station (he was called in, also without a lawyer, by the Police) and is thrown into a nightmare which she populates with many faces: there is Officer Rita Ficcara, who gives her two cuffs on the head (“To help you remember,” she would say); there’s another officer who advises her: “If you don’t help us, you’ll end up in prison for 30 years”; Mignini arrives and advises her not to call a lawyer; super-policewoman Monica Napoleoni dives in and bluffs: “Sollecito has dropped your alibi: he says that on the night of the murder you had left his apartment and that you had told him to lie to ‘cover you’”.

And a crescendo of yelling and intimidations that lasts from 11 at night until 5.45 in the morning. Seven hours “produce” two confessions that, exactly because they are made without a defence lawyer, cannot be used in the proceedings, but forever after “stain” the image of the accused Knox: Amanda places herself at the scene of the crime and accuses Patrick Lumumba.

RAFFAELE CONFIRMS THE ACCUSATIONS An account of the horror is confirmed by Sollecito in his memoir, Honor Bound, Raffaele writes of having heard “the police yelling at Amanda and then the cries and sobs of my girl, who was yelling ‘Help!’ in Italian in the other room”, and of having being threatened in his turn (“If you try to get up and go, I’ll punch you till you’ll bleed and I’ll kill you. I’ll leave you in a pool of blood”, another officer had whispered to him).

Published lines which have passed right under the radar of the Perugian investigators: “No legal action [against the interrogators] has been notified to us,” Franco Sollecito, Raffaele’s dad, tell us. For having recounted the sourness of her interrogation in court, Amanda was investigated for calunnia: the trial will take place in Florence. This one, too, will be a circumstantial case: it’s the word of two young people against that of the public prosecutor and the police.

The recording of the interrogation would have unveiled which side the truth stands on. But it has gone missing.

Our own rebuttals:

  • Knox was NOT interrogated for days and nights. She was put under no pressure in her brief witness interviews except possibly by Sollecito who had just called their latest alibi “a pack of lies”.

  • Knox WAS officially investigated in depth, after she surprisingly “confessed” and placed herself and Patrick at the scene. Prior to that she’d been interviewed less than various others, who each had one consistent alibi.

  • Knox herself pushed to make all three statements without a lawyer on the night of 5-6 November 2007 in which she claimed she went out from Sollecito’s house, met Patrick, and witnessed him killing Meredith.

  • Far from Knox being denied a lawyer, discussions were stopped before the first statement and not resumed, in the later hearing she was formally warned she needed one; she signed a confirmation of this in front of witnesses.

  • Prosecutor Mignini who Knox accuses of telling her a lawyer would hurt her prospects when she claims she asked for one was not even in the police station at that interview; he was at home.

  • She was not prohibited from going to the bathroom. At trial, she testified she was treated well and was frequently offered refreshments. Her lawyers confirmed this was so.

  • She was not given smacks by anyone, though she did repeatedly smack her own head. Over a dozen witnesses testified that she was treated well, broke into a conniption spontaneously, and thereafter her talking was hard to stop.

  • There is no evidence whatsoever that Knox was subject to “something similar to torture” and as mentioned above only Sollecito applied any pressure, not any of the police.

  • There is nothing “suicidal” about returning to Italy to defend herself at the new appeal. Sollecito did. She risks an international arrest warrant and extradition if she doesn’t.

  • There is no proof except for her own claims of sexual molestations in prison; she is a known serial liar; and she stands out for an extreme willingness to talk and write about sex.

  • Many people have testified she was treated well in prison: her own lawyers, a member of parliament, and visitors from the US Embassy were among them; she herself wrote that it was okay.

  • She may have based her account on her diaries and “prodigious memory” but the obviously false accusation against the prosecutor suggests that much of the book was made up.

  • The investigators had a great deal of evidence against Knox in hand, not nothing, and they were not ever faulted for any action; they helped to put on a formidable case at trial in 2009.

  • “Police and Italian justice work with such incompetence, ferocity, and disdain for the truth” is contradicted by a very complete record prior to trial which was praised by the Supreme Court.

  • Mr Mignini has NO bizarre past at all. He is widely known to be careful and fair. He would not have been just promoted to first Deputy Prosecutor General of Umbria otherwise.

  • He was put on trial by a rogue prosecutor desperate to protect his own back from Mignini’s investigations; the Supreme Court has killed the trumped up case dead.

  • There was nothing “mysterious” about Knox being taken to the crime scene to see if any knives were gone, but her wailing panic when she saw the knives was really “mysterious”.

  • Knox never thought she was in prison for her own protection; she had signed an agreement at the 5:00 am interview confirming she did know why she was being held.

  • Monica Napoleoni did not “bluff” that Sollecito had just trashed their joint alibi; he actually did so, because his phone records incriminated him; he agreed to that in writing.

  • There was no crescendo of “yelling and intimidations that lasts from 11 at night until 5.45”. There were two relatively brief sessions. Knox did most of the talking, named seven possible perps, and drew maps.

  • There was zero legal requirement to record the recap/summary interview, no recording has “gone missing” and many officers present testified to a single “truth” about what happened.


6. Coming up In Our Next Posts

More of the same. Knox blowing smoke and our exposing her. Some of the same smoke she blew for Netflix. And also, our lies of omission seies.


Wednesday, August 17, 2016

Bad News For Knox -  Buzz From Italy Is Spurious ECHR Appeal Will Probably Fail

Posted by The TJMK Main Posters



[The European Court Of Human Rights in Strasbourg France]


One major misrepresentation out of the Knox campaign in recent months was that the ECHR had already agreed to entertain her appeal.

See here and here and here (wow) and here (wow!).

We have posted repeatedly that the ECHR had “accepted” nothing - a processing clerk had merely asked prosecution and defense for actual hard facts “acccidentally” omitted from defense lawyer Dalla Vedova’s submission documents.

Had Dalla Vedova acted ethically and truthfully, there would have been no need at all for this stage.

We explained especially that Knox’s team had never lodged a complaint with any Italian court as Italian law requires and so due process in Italy prior to involving the heavily burdened ECHR had not even begun.

And that pre-emptively the Italian Supreme Court itself had already forcefully ruled that Knox had no ECHR case. 

All this was known to Knox and her lawyers and PR but they continued to lie to the world anyhow.

Now the buzz is that detailed Italian government submissions to the ECHR have killed all prospects for Knox’s fraudulent appeal.

The absence of any effective comeback to the ECHR from Knox lawyer Dalla Vedova is understandable - by not filing any complaint in Italy first on behalf of Knox he might have been breaking Italian law requiring such a complaint if deemed credible.

Posted on 08/17/16 at 05:29 AM by The TJMK Main PostersClick here for my past posts, via link at top left.
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Monday, May 23, 2016

Carlo Dalla Vedova, Is ECHR Made Aware Italian Law REQUIRES Lawyers To First File Local Complaints?

Posted by The TJMK Main Posters





Carlo Dalla Vedova,

You are aware of this, right? It is not optional: if Italian clients credibly claim police abuse, their lawyers MUST lodge a complaint.

This is a serious requirement in Italian law, which looks to protect the client while heading off innuendo and frivolous appeals years down the road.  Under the principle of infedele patrocinio (betrayal of the interest of the client), if you really believed Knox’s varying claims that she was abused, it seems you’d have no choice but to lodge a formal complaint. 

Not only was no formal complaint that we know of ever filed by you, and so no investigation ever begun, summaries of your ECHR case by Cassazione and by ECHR itself make no mention of any process having been followed. They specifically ask you about this. 

The ECHR quotes in full a letter to you from Amanda Knox dated 9 November 2007 claiming at length that police abuse explained why she was “confused” at the so-called “interrogation” of 5-6 November 2007.

But the ECHR seems to have not been made aware that you never passed this letter on to any prosecutor or any judge.  In fact, you provide it as evidence only now. Why was this not made clear?

And even more daunting for your appeal, your legal colleague Luciano Ghirga at Rudy Guede’s trial late in 2008 specifically said this - in effect, the exact opposite of your current claim.

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

Now the ECHR in its first response to your submission is asking some questions of fact. It has addressed this first question to you.

1. Has the applicant exhausted the domestic remedies available to her to complain about the violation of Article 3 of the Convention, concerning the slaps (scappellotti) allegedly suffered, and under Articles 6 §§ 1 and 3 a), c) and e) and 8 of the Convention?

It appears that no, Knox the applicant never did initiate the formal process to seek a remedy through Italian law. The point is one that ends the ECHR appeal process all by itself if the answer is no.

    (1) because of the obvious status of inadmissibility of the application under the ECHR rules (no domestic remedy was first attempted),

    (2) because of its damaging probative value for assessing the credibility of the version of facts provided by the applicant.

You will of course know of the legal provisions under Italian law about which the ECHR may not yet be aware:

    (1) the crimes of beating (cp 581), or physical violence or threat (cp. 610-612) require the victim to file a complaint in order to allow prosecution of the charge, otherwise investigation cannot be initiated;

    (2) the Ethics Code of lawyers requires a defence attorney to file a charge if he/she collects a claim by a client under detention, and to properly inform the client about the necessity to file a complaint;

    (3) if a lawyer is informed by a client under detention that the same client suffered violence or offence by authorities, and does not take proper legal steps, the lawyer would commit the extremely serious criminal offence of infedele patrocinio (betrayal of the interest of client) besides breaching the Ethics Code;

    (4) a defence attorney is also required to object any irregularity of breach of the code that could be suffered by the client, namely, in any particular case, if the applicant’s current claims had been made at the time, the lawyers should have denounced the breach of Procedure Code claiming that a prosecution interrogation had taken place (thus, that would mean breaching the Procedure code that prevents prosecution from questioning a suspect prior to his/her appearance before a judge)

So, in summary, no formal complaint ever seems to have been filed allowing local investigations to begin. And the failure to initiate the procedure for domestic remedy by the applicant on this claim could be a crime under Italian law if Knox had insisted on it.

And it would seem to render the request inadmissible on this point. It also undermines any possible credibility of the claim itself. Regardless of whoever dropped the ball here, lawyer or client, it does not bode well.


Thursday, March 31, 2016

On April 26 Possible Sentences For Oggi For Publishing Defamations By Knox

Posted by Peter Quennell



Umberto Brindani, editor of Oggi, and Giangavino Sulas, veteran crime reporter

1. New Court Development In Italy

The Italian mafias have used three main weapons against the judiciary: bribes, slanders, and blowing them up.

As a result judges and prosecutors are protected in various ways. One is to make it a felony crime to maliciously defame them to try to throw trials off-course.

We are 1/3 of the way through Chimera’s elucidation of the 100 or so criminal felonies in Knox’s book, and the other two posts will follow next.

The first of what could be numerous trials of those who published them and repeated them is now approaching its climax.

This is the trial of Umberto Brindani, the editor of the weekly magazine Oggi, and Giangavino Sulas, a veteran crime reporter on his staff.

They have put up what amounts to zero defense, and on tuesday the chief prosecutor requested the judge to impose prison sentences of six years. Even if those sentences are minimised under Italian rules and no time will be served, each will still have a criminal record for life.

A guilty verdict bodes badly for Amanda Knox and her book agent Bob Barnett, her publishers, her lawyers, and her fellow-travelers, who could then all be easy targets for Italian prosecutors in future trials. 

The foolish and uncomprehending Joel Simon of the Committee for the Protection of Journalists, who knows nothing about WHY Italian prosecutors are protected from criminal defamations, could also find himself in the crosshairs. 

Here below, from our posts of 12 May 2013, are Oggi’s paraphrasings of Knox’s claims (translation by Catnip) and our own rebuttals of those same claims.

2. Knox’s Defamatory Claims In Oggi

Amanda Knox: The American girl’s sensational story

Chilling. No other adjectives come to mind after having read Waiting to be Heard, finally released in the United States. An extremely detailed and very serious charge against the police and magistrates who conducted the investigation into the murder of Meredith Kercher.

Immediately after the crime, Amanda recounts, and for entire days and nights, they had interrogated the American girl and placed her under pressure to make her confess to a non-existent truth, without officially investigating her, denying her the assistance of a lawyer, telling her lies, even prohibiting her from going to the bathroom and giving her smacks so as to make her sign a confession clearly extorted with something similar to torture.

And now the situation is very simple. There are only two choices: either Amanda is writing lies, and as a consequence the police officers and magistrates are going to have to sue her for defamation; or else she is telling the truth, and so they are going to have to go, not without being sanctioned by the CSM [the magistrates’ governing body] and the top brass of the Police. The third possibility, which is to pretend that nothing has happened, would be shameful for the credibility of our judicial system.

Amanda Knox has written her Waiting to be Heard memoir with the sense of revulsion and of relief of someone who has escaped by a hair’s breadth from a legal disaster, but has got her sums wrong. Cassation has decided that the [appeal] proceedings have to be redone and the hearings should be (re)commencing in October before the Florence Court of Appeal.

In a USA Today interview, Ms Knox has not excluded the possibility of “returning to Italy to face this battle too”, but it would be a suicidal decision: it’s likely that the appeal will result in a conviction, and the Seattle girl will end up in the black hole from which she has already spent 1,427 days.

In this way Waiting to be Heard risks being the “film” on which Amanda’s last words are recorded about the Mystery of Perugia, her definitive version.

We have read a review copy. And we were dumbfounded. Waiting to be Heard is a diary that has the frenetic pace of a thriller, written in a dry prose (behind the scenes is the hand of Linda Kulman, a journalist at the Huffington Post), even “promoted” by Michiko Kakutani, long-time literary critic at the New York Times.

The most interesting part does not concern the Raffaele Sollecito love story (which Amanda reduces it to puppy love: “With the feeling, in hindsight, I knew that he… that we were still immature, more in love with love than with each other”), and whoever goes looking for salacious details about the three Italian boys Amanda had casual sex with, one night stands, will be frustrated (Ms Knox describes those enounters with the nonchalance of an entomologist disappointed with his experiments: “We undressed, we had sex, I got dressed again with a sense of emptiness”).

There are no scoops about the night of the murder and even the many vicissitudes endured during the 34,248 hours spent in Capanne prison – the [claimed] sexual molestations suffered under two guards, the unexpected kiss planted by a bisexual cellmate, the threats made by another two prisoners – remain on the backdrop, like colourful notations.

Because what is striking and upsetting, in the book, is the minute descriptions, based on her own diaries, on the case documents and on a prodigious memory, of how Ms Knox had been incriminated (or “nailed”).

COME IN KAFKA. A Kafkian account in which the extraordinary naivety of Amanda (the word naïve, ingénue, is the one which recurs most often in the 457 pages of the book) mixes with the strepitous wickedness of the investigators decided on “following a cold and irrational trail because they had nothing better in hand”.

Devour the first 14 chapters and ask yourself: is it possible that the Police and Italian justice work with such incompetence, ferocity, and disdain for the truth? You place yourself in her situation and you scare yourself: If it happened to me? You’re in two minds: is it a likely accusation, or a squalid calumny, the version of Amanda?

Because in reading it you discover that in the four days following the discovery of Meredith Kercher’s body (on 2 November 2007), Amanda was interrogated continuously, and without the least of procedural guarantees [=due process].

She changes status from witness to suspect without being aware of it.” No one had told me my rights, no one had told me that I could remain silent”, she writes. When she asked if she had the right to a lawyer, the Public Prosecutor, Giuliano Mignini, had responded like this: “No, no, that will only worsen things: it would mean that you don’t want to help us”. Thus, the Public Prosecutor, Giuliano Mignini.

For a long period of time, Ms Knox, who at the time spoke and understood hardly any Italian at all, mistook him for the Mayor of Perugia, come to the police station to help her.

Then, with the passage of time and of the pages, the assessment changes: Mignini is a prosecutor “with a bizarre past”, investigated for abuse of office (he was convicted at first instance, but Cassation annulled the verdict on the grounds of lack of jurisdiction: the case will be held in Torino – ndr) and with the hunger to fabricate “strange stories to solve his cases”.

Mignini “is a madman who considers his career more important than my liberty or the truth about the killing of Meredith”. On the phone, the Perugian prosecutor reacts with aplomb: “First I will read the book and then I will consider it. Certainly, if it really calls me ‘mad’ or worse, I think I will file suit”.

BEING IN PRISON IS LIKE CAMPING Amanda goes looking. When the officers mysteriously bring her along to the crime scene inspection of the apartment below the one in which she and Meredith were living in, Ms Knox put on the shoe protectors and the white forensics gloves and called out Ta-dah! spreading her arms “as if I was at the start of a musical: I wanted to appear helpful”.

When they dragged her in handcuffs into Capanne Prison, she believed what the Police would have told her, and that was they would hide her for a couple of days to protect her (from the true killer, one presumes) and for unspecified bureaucratic reasons. “In my head I was camping: ‘This won’t last more than a week in the mountains’, I told myself,” writes Amanda.

They take her money off her, and her credit cards, licence and passport, and she draws strength from repeating to herself that “surely they’re not going to give me a uniform, seeing that I’m a special case and that I’ll be here for only a little while”.

But it’s the account of the notorious interrogation that takes the breath away. Around ten in the evening on her last day of freedom, Ms Knox accompanies Raffaele to the police station (he was called in, also without a lawyer, by the Police) and is thrown into a nightmare which she populates with many faces: there is Officer Rita Ficcara, who gives her two cuffs on the head (“To help you remember,” she would say); there’s another officer who advises her: “If you don’t help us, you’ll end up in prison for 30 years”; Mignini arrives and advises her not to call a lawyer; super-policewoman Monica Napoleoni dives in and bluffs: “Sollecito has dropped your alibi: he says that on the night of the murder you had left his apartment and that you had told him to lie to ‘cover you’”.

And a crescendo of yelling and intimidations that lasts from 11 at night until 5.45 in the morning. Seven hours “produce” two confessions that, exactly because they are made without a defence lawyer, cannot be used in the proceedings, but forever after “stain” the image of the accused Knox: Amanda places herself at the scene of the crime and accuses Patrick Lumumba.

RAFFAELE CONFIRMS THE ACCUSATIONS An account of the horror is confirmed by Sollecito in his memoir, Honor Bound, Raffaele writes of having heard “the police yelling at Amanda and then the cries and sobs of my girl, who was yelling ‘Help!’ in Italian in the other room”, and of having being threatened in his turn (“If you try to get up and go, I’ll punch you till you’ll bleed and I’ll kill you. I’ll leave you in a pool of blood”, another officer had whispered to him).

Published lines which have passed right under the radar of the Perugian investigators: “No legal action [against the interrogators] has been notified to us,” Franco Sollecito, Raffaele’s dad, tell us. For having recounted the sourness of her interrogation in court, Amanda was investigated for calunnia: the trial will take place in Florence. This one, too, will be a circumstantial case: it’s the word of two young people against that of the public prosecutor and the police.

The recording of the interrogation would have unveiled which side the truth stands on. But it has gone missing.


3. Our Rebuttals Of Knox’s Claims

  • Knox was NOT interrogated for days and nights. She was put under no pressure in her brief witness interviews except possibly by Sollecito who had just called their latest alibi “a pack of lies”.

  • Knox WAS officially investigated in depth, after she surprisingly “confessed” and placed herself and Patrick at the scene. Prior to that she’d been interviewed less than various others, who each had one consistent alibi.

  • Knox herself pushed to make all three statements without a lawyer on the night of 5-6 November 2007 in which she claimed she went out from Sollecito’s house, met Patrick, and witnessed him killing Meredith.

  • Far from Knox being denied a lawyer, discussions were stopped before the first statement and not resumed, in the later hearing she was formally warned she needed one; she signed a confirmation of this in front of witnesses.

  • Prosecutor Mignini who Knox accuses of telling her a lawyer would hurt her prospects when she claims she asked for one was not even in the police station at that interview; he was at home.

  • She was not prohibited from going to the bathroom. At trial, she testified she was treated well and was frequently offered refreshments. Her lawyers confirmed this was so.

  • She was not given smacks by anyone. Over a dozen witnesses testified that she was treated well, broke into a conniption spontaneously, and thereafter was hard to stop talking.

  • There is no evidence whatsoever that Knox was subject to “something similar to torture” and as mentioned above only Sollecito applied any pressure, not any of the police.

  • There is nothing “suicidal” about returning to Italy to defend herself at the new appeal. Sollecito did. She risks an international arrest warrant and extradition if she doesn’t.

  • There is no proof except for her own claims of sexual molestations in prison; she is a known serial liar; and she stands out for an extreme willingness to talk and write about sex.

  • Many people have testified she was treated well in prison: her own lawyers, a member of parliament, and visitors from the US Embassy were among them; she herself wrote that it was okay.

  • She may have based her account on her diaries and “prodigious memory” but the obviously false accusation against the prosecutor suggests that much of the book was made up.

  • The investigators had a great deal of evidence against Knox in hand, not nothing, and they were not ever faulted for any action; they helped to put on a formidable case at trial in 2009.

  • “Police and Italian justice work with such incompetence, ferocity, and disdain for the truth” is contradicted by a very complete record prior to trial which was praised by the Supreme Court.

  • Mr Mignini has NO bizarre past at all. He is widely known to be careful and fair. He would not have been just promoted to first Deputy Prosecutor General of Umbria otherwise.

  • He was put on trial by a rogue prosecutor desperate to protect his own back from Mignini’s investigations; the Supreme Court has killed the trumped up case dead.

  • There was nothing “mysterious” about Knox being taken to the crime scene to see if any knives were gone, but her wailing panic when she saw the knives was really “mysterious”.

  • Knox never thought she was in prison for her own protection; she had signed an agreement at the 5:00 am interview confirming she did know why she was being held.

  • Monica Napoleoni did not “bluff” that Sollecito had just trashed their joint alibi; he actually did so, because his phone records incriminated him; he agreed to that in writing.

  • There was no crescendo of “yelling and intimidations that lasts from 11 at night until 5.45”. There were two relatively brief sessions. Knox did most of the talking, named seven possible perps, and drew maps.

  • There was zero legal requirement to record the recap/summary interview, no recording has “gone missing” and many officers present testified to a single “truth” about what happened.

Friday, December 18, 2015

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

Posted by The TJMK Main Posters



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

1. Latest Development

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

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

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

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

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

Gee, thanks, Curt….

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

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

2. Background To Calunnia Trial

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

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

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

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

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

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

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

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

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

3. Machiavelli Reports From Trial 7 September

1. Tweets from the Florence court:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Emailed report following day (8 September):

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

Amanda Knox and Curt Knox chose not to testify.

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

The verdict is likely to arrive in the New Year.

 


Thursday, December 10, 2015

Traitor? How Sollecito Extensively Smeared Italy In English To Save His Own Skin #1

Posted by The TJMK Main Posters




1. Overview Of “Sollecito As Traitor” Series

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

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

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

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

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

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

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

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

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

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

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

    1. Sollecito’s First 20 False Claims

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

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

    1. That Italian justice authorities took the easy way out

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

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

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

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

    2. That the preventive custody was very harsh

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

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

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

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

    3. That the prosecution and Italian media demonized the pair

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    17. That the Italian judiciary has vast, unfettered powers

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     


    Wednesday, September 23, 2015

    Supreme Court Confirms All Three Were There And Lied, RS & AK Apologists Desperate To Downplay That

    Posted by Machiavelli




    1. Shocking Sentencing Report

    Despite the public relations campaign this was by any standards a very strong case.

    In contrast the language, logic and law of the Marasca/Bruno Report are about as weak as Rome lawyers have seen. The Fifth Chambers normally handles only appeals of verdicts for fraud, defamation, and other mundane non-violent personal and family injuries and they are forbidden from judging evidence. Their reports are almost invariably 1-3 pages long.

    No finding by any experienced murder judge ever stretches logic and law and evidence as much as this. This grim situation for RS and AK still remains. 

      (1) The report very firmly places all three at the scene of the crime with extensive language on a long list of proofs; but though bizarrely it separates two from the crime itself.

      (2) The final verdict is not “assoluzione” meaning acquittal or innocence but simply “proscioglimento” meaning the dropping of charges (not usually used in a court context, see the note in the final paragraphs of translation) which can be subject to appeal.

      (3) The report does nothing to help Knox and Sollecito to get beyond their calunnia, villiipendio and diffamazione trials. It makes a win against either or both Knox and Sollecito in a wrongful-death suit more or less an assured thing. And it pre-emptively dismisses the frivolous appeal by Amanda Knox to ECHR Strasbourg.

    If the appeal by Knox and Sollecito against the Nencini court findings and guilty sentences had been handled without chicanery, it is the First Chambers which deals with murder cases and which annulled most of the Hellmann appeal outcome in 2013 which would have got this appeal. Almost certainly those judges would have simply rejected the appeal, and sent Knox and Sollecito right back to jail.

    The report makes lawyers question why Knox and Sollecito were not at minimum found guilty of being accessories to murder after the fact. Even the defense teams seem to have realised the risks in the shaky judgement

    2. Passages Finding Knox And Sollecito Were There

    In chapters 4, 9 and 10 the Marasca/Bruno report makes very clear that Knox and Sollecito were both at the house on the night. They find that the proof of that stands up. Highlighted in the translation below are passages amount to the firm conclusion that Knox definitely was there, with blood on her hands, and Sollecito logically also.

    From Chapter 4

    4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(…) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.

    Well, so the “fact” that was ascertained within that verdict, indisputably, is Guede’s participation in the murder “concurring with other people, who remain unknown”. The invoking of the procedural norms indicated means that the usability of such fact-finding is subordinate to [depends on] the double conditions [possibility] to reconcile such fact within the scope of the “object of proof” which is relevant to the current judgement, and on the existence of further pieces of evidence to confirm its reliability.

    Such double verification, in the current case, has an abundantly positive outcome. In fact it is manifestly evident that such fact, which was ascertained elsewhere [aliunde], relates to the object of cognition of the current judgement. The [court’s] assessment of it, in accord with other trial findings which are valuable to confirm its reliability, is equally correct. We refer to the multiple elements, linked to the overall reconstruction of events, which rule out that Guede could have acted alone.

    Firstly, testifying in this direction are the two main wounds (actually three) observed on the victim’s neck, on each side, with a diversified path and features, attributable most likely (even if the data is contested by the defense) to two different cutting weapons. And also, the lack of signs of resistance by the young woman, since no traces of the assailant were found under her nails, and there is no evidence elsewhere [aliunde] of any desperate attempt to oppose the aggressor; the bruises on her upper limbs and those on mandibular area and lips (likely the result of forcible hand action of constraint meant to keep the victim’s mouth shut) found during the cadaver examination, and above all, the appalling modalities of the murder, which were not adequately pointed out in the appealed ruling.

    And in fact, the same ruling (p. 323 and 325) reports of abundant blood spatters found on the right door of the wardrobe located inside Kercher’s room, about 50 cm above the floor. Such occurrence, given the location and direction of the drops, could probably lead to the conclusion that the young woman had her throat literally “slashed” likely as she was kneeling, while her head was being forcibly held [hold] tilted towards the floor, at a close distance from the wardrobe, when she was hit by multiple stab wounds at her neck, one of which – the one inflicted on the left side of her neck – caused her death, due to asphyxia following [to] the massive bleeding, which also filled the breathing ways preventing breathing activity, a situation aggravated by the rupture of the hyoid bone – this also linkable to the blade action – with consequent dyspnoea” (p. 48).

    Such a mechanical action is hardly attributable to the conduct of one person alone.

    [Ed note: Firm settling on motive is not required in Italian law.] On the other hand such factual finding, when adequately valued, could have been not devoid of meaning as for researching the motive, given that [27] the extreme violence of the criminal action could have been seen – because of its abnormal disproportion – not compatible with any of the explanations given in the verdict, such as mere simple grudges with Ms. Knox (also denied by testimonies presented, [even] by the victim’s mother);  with sexual urges of any of the participants, or maybe even with the theory of a sex game gone wrong, of which, by the way, no mark was found on the victim’s body, besides the violation of her sexuality by a hand action of Mr. Guede, because of the DNA that could be linked to him found inside the vagina of Ms. Kercher, the consent of whom, however, during a preliminary phase of physical approach possibly consensual at the beginning, could not be ruled out. 

    Such finding is even less compatible with the theory of the intrusion of an unknown thief inside the house, if we consider that, within the course of ordinary events, while it is possible that a thief is taken by an uncontrollable sexual urge leading him to assail a young woman when he sees her,  it’s rather unlikely that after a physical and sexual aggression he would also commit a gratuitous murder, especially not with the fierce brutality of this case, rather than running away quickly instead. Unless, obviously, we think about the disturbed personality of a serial killer, but there is no trace of that in the trial findings, since there are no records that any other killings of young women with the same modus operandi were committed in Perugia at that time.

    From Chapter 9

             

    9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

    About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.

    We make reference in particular to those declarations that the current appellant [Knox] produced on 11. 6. 2007 (p.96) inside the State Police headquarters. On the other hand, in the slanderous declarations against Lumumba, which earned her a conviction, the status of which is now protected as final judgement [giudicato], [they] had themselves exactly that premise in the narrative, that is: the presence of the young American woman inside the house in via della Pergola, a circumstance which nobody at that time – except obviously the other people present inside the house – could have known (quote p. 96).

    According to the slanderous statements of Ms. Knox, she had returned home in the company of Lumumba, who she had met by chance in Piazza Grimana, and when Ms. Kercher arrived in the house, Knox’s companion directed sexual attentions toward the young English woman, then he went together with her in her room, from which the harrowing scream came. So, it was Lumumba who killed Meredith and she could affirm this since she was on the scene of crime herself, albeit in another room.

    Another element against her is the mixed DNA traces, her and the victim’s one, in the “small bathroom”, an eloquent proof that anyway she had come into contact with the blood of the latter, which she tried to wash away from herself (it was, it seems, diluted blood, while the biological traces belonging to her would be the consequence of epithelial rubbing).

    (Ed: This next passages on hypotheticals shows how ignorant of murder jurisprudence Marasca & Bruno were, they had never handled a murder case before.]  The fact is very suspicious, but it’s not decisive, besides the known considerations about the sure nature and attribution of the traces in question. 

    Nonetheless, even if we deem the attribution certain, the trial element would not be unequivocal, since it may show also a posthumous touching of that blood, during the probable attempt of removing the most visible traces of what had happened, maybe to help cover up for someone or to steer away suspicion from herself, but not contributing to full certainty about her direct involvement in the murderous action. Any further and more pertaining interpretation in fact would be anyway resisted by the circumstance – this is decisive indeed – that no trace linkable to her was found on the scene of crime or on the victim’s body, so it follows – if we concede everything – that her contact with the victim’s blood happened in a subsequent moment and in another room of the house.

    Another element against her is certainly constituted by the false accusations [calunnia] against Mr. Lumumba, afore-mentioned above.

    It is not understandable, in fact, what reason could have driven the young woman to produce such serious accusations. The theory that she did so in order to escape psychological pressure from detectives seems extremely fragile, given that the woman [47] could not fail to realize that such accusations directed against her boss would turn out to be false very soon, given that, as she knew very well, Mr. Lumumba had no relationship with Ms. Kercher nor with the Via della Pergola house. Furthermore, the ability to present an ironclad alibi would have allowed Lumumba to obtain release and subsequently the dropping of charges.

    However, the said calunnia is another circumstantial element against the current appellant, insofar as it can be considered a strategy in order to cover up for Mr. Guede, whom she had an interest to protect because of fear of retaliatory accusations against her. This is confirmed by the fact that Mr. Lumumba, like Mr. Guede, is a man of colour, hence the indication of the first one would be safe in the event that the latter could have been seen by someone while entering or exiting the apartment. 

    And moreover, the staging of a theft in Romanelli’s room, which she is accused of,  is also a relevant point within an incriminating picture, considering the elements of strong suspicion (location of glass shards – apparently resulting from the breaking of a glass window pane caused by the throwing of a rock from the outside – on top of, but also under clothes and furniture), a staging, which can be linked to someone who – as an author of the murder and a flatmate [titolare] with a formal [“qualified”] connection to the dwelling – had an interest to steer suspicion away from himself/herself, while a third murderer in contrast would be motivated by a very different urge after the killing, that is to leave the apartment as quickly as possible.

    But also this element is substantially ambiguous, especially if we consider the fact that when the postal police arrived – they arrived in Via della Pergola for another reason: to search for Ms. Romanelli, the owner of the telephone SIM card found inside one of the phones retrieved in via Sperandio – the current appellants themselves, Sollecito specifically, were the ones who pointed out the anomalous situation to the officers, as nothing appeared to be stolen from Ms. Romanelli’s room. 

    Elements of strong suspicion are also in the inconsistencies and lies which the suspect woman committed over the statements she released on various occasions, especially in the places where her narrative was contradicted by the telephone records showing different incoming SMS messages; by the testimonies of Antonio Curatolo about the presence of [the same] Amanda Knox in piazza Grimana in the company of Sollecito, and of Mario Quintavalle about her presence inside the supermarket the morning of the day after the murder, maybe to buy detergents.

    Despite this, the features of intrinsic inconsistency and poor reliability of the witnesses, which were objected to many times during the trial, do not allow to attribute unconditional trust to their versions, in order to prove with reassuring certainty the failure, and so the falsehood, of the alibi presented by the suspect woman, who claimed to have been at her boyfriend’s home since the late afternoon of November 1st until the morning of the following day. Mr. Curatolo (an enigmatic character: a clochard, drug addicted and dealer) [48] besides the fact that his declarations were late and the fact that he was not foreign to judiciary showing-off in judicial cases with a strong media impact, he was also contradicted about his reference to young people waiting for public buses to leave in the direction of disco clubs in the area, since it was asserted that the night of the murder the bus service was not operational; and also the reference to masks and jokes, which he says he witnessed that evening, would lead to believe that it was on Halloween night, on October 31., and not on Nov. 1. instead.

    The latter point apparently balances – still within a context of uncertainty and ambiguousness – the witness’ reference to (regarding the context where he reportedly noticed the two suspects together) the day before the one when he noticed (at an afternoon hour) an unusual movement of Police and Carabinieri, and in particular people wearing white suites and head covers (as if they were extra-terrestrials) entering the house in Via della Pergola (obviously on November 2., after the discovery of the body).

    Mr. Quintavalle – apart from the lateness of his statements, initially reticent and generic – did not offer any contribute of certainty, not even about the goods bought by the young woman noticed on the morning subsequent to the murder, when he opened his store, while his recognizing Knox in the courtroom is not relevant, since her image had appeared on all newspapers and tv news.

    Regarding the biological traces, signed with letters A and I (the latter analysed by the RIS) sampled from the knife seized in Sollecito’s house and yielding Knox’s genetic profile, they constitute a neutral element, given that the same suspect lived together with Mr. Sollecito in the same home in via Garibaldi, although she alternated with the via della Pergola home, and – as for what was said – the same instrument did not have blood traces from Ms. Kercher, a negative circumstance that contrasted the accusation hypotheses that it was the murder weapon.

    On that point, it must be pointed out that – again following a disputable strategic choice by the scientific police genetic experts – it was decided that the investigation aimed at identifying the genetic profile should be privileged, rather than finding its biological nature, given that the quantity of the samples did not allow a double test: the quality test would in fact would have “used up” the sample or made it unusable for further tests. A very disputable option, since the detecting of blood traces, referable to Ms. Kercher, would have provided the trial with a datum of a formidable probative relevance, incontrovertibly certifying the use of the weapon for the committing of the crime.

    The verified presence of the same weapon inside Sollecito’s house, where Ms. Knox was living together with him, would have allowed then any possible deduction in this respect. Instead, the verified identification of the traces with genetic profiles of Ms. Knox resolves itself in a not unequivocal and rather indifferent datum, given that the young American woman was living together with Mr. Sollecito, sharing time between his dwelling and [49] the Via della Pergola one. Not only that, but even if it was possible to attribute with certainty trace B to the genetic profile of Ms. Kercher, the trial datum would have been not decisive (since it’s not a blood trace), given the promiscuity or commonality of inter-personal relations typical of out-of-town students, which make it plausible that a kitchen knife or any other tool could be transported from one house to the other and thus, the seized knife could have been brought by Ms. Knox in Via della Pergola for domestic use, in occasion of convivial meetings or other events, and therefore be used by Ms. Kercher.

    What is certain is, that on the knife no blood traces were found, a lack which cannot be referred to an accurate cleaning. As was accurately pointed out by the defence attorneys, the knife had traces of starch, a sign of ordinary home use and of a washing anything but accurate. Not only, but starch is, notoriously, a substance with remarkable absorbing property, thus it is very likely that in the event of a stabbing, blood elements would be retained by it.

    It is completely implausible the accusative assumption on the point, that the young woman would be used to carrying the bulky item with her for a self-defence purpose, using – it is said – the large bag she had for that purpose.  It wouldn’t be actually understandable why the woman, if warned by her boyfriend to pay attention during her night time movements, was not in possession of one of the small pocket knives surely owned by Sollecito, who apparently had the hobby of that kind of weapon and was a collector of a number of them.

    Finally, the matching with the current appellant woman of the footprints found in the place location of the murder is far from being certain.             

    9.4.2 Also the evidential picture about Mr. Sollecito, emerging from the impugned verdict, appears marked by intrinsic and irreducible contradictions. His presence on the murder scene, and specifically inside the room where the murder was committed, is linked to only the biological trace found on the bra fastener hook (item 165/b), the attribution of which, however, cannot have any certainty, since such trace is insusceptible of a second amplification, given its scarce amount, for that it is – as we said – an element lacking of circumstantial evidentiary value.

    There remains anyway the strong suspicion that he was actually in the Via della Pergola house the night of the murder, in a moment that, however, it was impossible to determine. On the other hand, since the presence of Ms. Knox inside the house is sure, it is hardly credible that he was not with her. 

    And even following one of the versions released by the woman, that is the one in accord to which, returning home in the morning of November 2. after a night spent at her boyfriend’s place, she reports of having immediately noticed that something strange had happened (open door, blood traces everywhere); or even the other one, that she reports in her memorial, in accord to which she was present in the house at the time of the murder, but in a different room, not the one in which the violent aggression on Ms. Kercher was being committed, it is very strange that she did not call her boyfriend, since there is no record about a phone call from her, based on the phone records within the file. Even more if we consider that having being in Italy for a short time, she would be presumably uninformed about what to do in such emergency cases, therefore the first and maybe only person whom she could ask for help would have been her boyfriend himself, who lived only a few hundred meters away from her house. Not doing this signifies Sollecito was with her, unaffected, obviously, the procedural relevance of his mere presence in that house, in the absence of certain proof of his causal contribution to the murderous action. 

    The defensive argument extending the computer interaction up to the visualization of a cartoon, downloaded from the internet, in a time that they claim compatible with the time of death of Ms. Kercher, is certainly not sufficient to dispel such strong suspicions. In fact, even following the reconstruction claimed by the defence and even if we assume as certain that the interaction was by Mr. Sollecito himself and that he watched the whole clip, still the time of ending of his computer activity wouldn’t be incompatible with his subsequent presence in Ms. Kercher’s house, given the short distance between the two houses, walkable in about ten [sic] minutes.

    An element of strong suspicion, also, derives from his confirmation, during spontaneous declarations, the alibi presented by Ms. Knox about the presence of both inside the house of the current appellant the night of the murder,  a theory that is denied by the statements of Curatolo, who declared of having witnessed the two together from 21:30 until 24:00 in piazza Grimana; and by Quintavalle on the presence of a young woman, later identified as Ms. Knox, when he opened his store in the morning of November 2. But as it was previously noted, such witness statements appeared to have strong margins of ambiguity and approximation, so that could not reasonably constitute the foundation of any certainty, besides the problematic judgement of reliability expressed by the lower [a quo] judge.

    An umpteenth element of suspicion is the basic failure of the alibi linked to other, claimed human interactions in the computer of his belongings, albeit if we can’t talk about false alibi, since it’s more appropriate to speak about unsuccessful alibi. 

    Finally, no certainty could be reached [was acquired] about the attribution to Mr. Sollecito of the footprints found in the via della Pergola house, about which the technical reports carried out have not gone beyond a judgement of “probable identity”, and not of certainty (p. 260/1).

    9.4.3. It is simply the case to observe, that the declaration of the lacking of a probative framework, coherent and sufficient to support the accusatory hypothesis regarding the more serious case of the homicide, reverberates on the residual, accessory charges referred in point d) (theft of the phones) and e) (simulation of crime).

    From Chapter 10

    10. The intrinsic contradiction of probative elements emerging from the text of the appealed sentence, undermines in nuce the connecting tissue of the same sentence, causing the annulment of it.

    And in fact, when facing a picture marked by such contradiction, the appeal judge was not supposed to issue a conviction but rather – as we observed above – they were compelled to issue a ruling of acquittal with reference to art. 530 paragraph 2 of penal procedure code. 

    At this point the last question remains, about the annulment formula – that is, whether it should be annulled with remand or without remand. The solving of such question is obviously related to the objective possibility of further tests, which could resolve the aspects of uncertainty, maybe through new technical investigations. 

    The answer is certainly negative, because the biological traces on the items relevant to the investigation are of scarce entity, as such they can’t undergo amplification, and thus they won’t render answers of absolute reliability, neither in terms of identity nor in terms of compatibility.

    The computers belonging to Amanda Knox and to Ms. Kercher, which maybe could have provided information useful to the investigation, were, incredibly, burned by hazardous operations by investigators, which caused electric shock following a probable error of power source; and they can’t render any further information anymore, since it’s an irreversible damage. [Ed: unproven how damage occurred, all records were recovered.]

    The set of court testimonies is exhaustive, given the accuracy and completeness of the evidentiary trial phase, which had re-openings both times in the instances of appeal [rinvio; sic].

    Mr. Guede, who was sure a co-participant to the murder, has always refused to cooperate, and for the already stated reasons he can’t be compelled to testify.

    The technical tests requested by the defence cannot grant any contribution of clarity, not only because a long time has passed, but also because they regard aspects of problematic examination (such as the possibility of selective cleaning) or of manifest irrelevance (technical analysis on Sollecito’s computer) given that is was possible, as said, for him to go to Kercher’s house whatever the length of his interaction with the computer (even if one concedes that such interaction exists), or they are manifestly unnecessary, given that some unexceptionable technical analysis carried out are exhaustive (such are for example the cadaver inspection and the following medico-legal examinations).   

    Following the considerations above, it is obvious that a remand [rinvio] would be useless, hence the declaration of annulment without remand, based on art. 620 L) of the procedure code, thus we apply an acquittal [proscioglimento *] formula [see note just below] of dropping of charges which a further judge on remand would be anyway compelled to apply, to abide to the principles of law established in this current sentence.

    [Translator’s note:  Under the Italian Procedure Code, the Italian word for “acquittal” is actually “assoluzione”; while the term “proscioglimento” instead, actually refers only to non-definitive preliminary judgements during the investigation phase, and it could be translated as “dropping of charges”. When applied to the investigation phase “proscioglimento” is normally meant as a not-binding decision, not subjected to double jeopardy, since it is not considered a judgement nor a court’s decision.]

    The annulment of the verdict of conviction of Ms. Knox as for the crime written at letter A), implies the ruling out of the aggravation of teleological nexus as for the art. 61 par. 2 Penal Code. The ruling out of such aggravating circumstance makes it necessary to re-determine the penalty, which is to be quantified in the same length established by the Court of Appeals of Perugia, about the adequacy of which large and sufficient justification was given, based on determination parameters which are to be subscribed to entirely.

    It is just worth to note that the outcome of the judgement allows to deem as absorbed, or implicitly ruled out, any other objection, deduction or request by the defences, while any other argumentative aspect among those not examined, should be deemed manifestly inadmissible since it obviously belongs to the merit.



    3. Wrong Translation Circulated By Amanda Knox

    This version was garbled apparently to try to show innocence.  (It is a crime to deliberately garble Italian legal documents.)


    Above: wrong Knox version. Correct translation again:

    4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(…) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.


    Above: wrong Knox version. Correct translation again:

    9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

    About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.


    Tuesday, September 08, 2015

    Court Filing Suggesting 5th Chambers Encroached Illegally On 1st Chambers & Florence Court Powers

    Posted by The TJMK Main Posters





    This opinion was drafted by several of Italy’s most experienced lawyers and it was filed with the Florence court several months ago.

    These passages quoted below raise issues of what the Fifth Chambers under the Penal Code legally can and can not do, with respect to prior rulings of (1) the Supreme Court (the First Chambers which mostly overturned Hellmann in 2013) and (2) the Florence appeal court.

    According to this opinion, the Fifth Chambers has significantly overstepped its legal boundaries in brushing aside previous rulings and trying to fulfill the role of an appeal court, or a first-level trial court (the same stretch the First Chambers considered the Hellmann appeal court to have been indulging in). 

    This is uncharted territory. Judges of the First Chambers and Florence court and the Council of Magistrates all seem likely to side with this seemingly watertight opinion, and so reactions could ripple on for years.

    The Fifth Chambers judges might find themselves increasingly beleaguered. And their rulings on evidence items and the investigators and prosecutors and foreign media would all seem to be moot, if the perception grows that the Fifth Chambers should not even have gone there.

    the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same…

    the Court of Cassation cannot, therefore, ever adopt decisions on the merits and issue orders of acquittal under Article 530, second paragraph, Criminal Procedure Code.

    ...two chambers of the same Court of Cassation, the First (the one competent for proceedings in homicide matters, whose decision of annulment is definitive and who had identified and decided questions of law in a definitive and un-retractable manner) and the Fifth (who would have had to decide the appeals presented only on grounds of legitimacy of the defendants’, constrained by what had already been definitively decided by the First) have handed down two absolutely divergent decisions and the second had annulled the Florentine decision, positively excluding any remitting to another court and acquitting the defendants pursuant to Article 530, second paragraph, Criminal Procedure Code.

    the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same…

    the Court of Cassation cannot, therefore, ever adopt decisions on the merits and issue orders of acquittal under Article 530, second paragraph, Criminal Procedure Code.

    ...two chambers of the same Court of Cassation, the First (the one competent for proceedings in homicide matters, whose decision of annulment is definitive and who had identified and decided questions of law in a definitive and un-retractable manner) and the Fifth (who would have had to decide the appeals presented only on grounds of legitimacy of the defendants’, constrained by what had already been definitively decided by the First) have handed down two absolutely divergent decisions and the second had annulled the Florentine decision, positively excluding any remitting to another court and acquitting the defendants pursuant to Article 530, second paragraph, Criminal Procedure Code.

    from these starting points in fact and in law which are absolutely undeniable, it emerges that the course of proceedings in this case have been absolutely linear and respectful of the substance of the procedural rules up to and including the Florentine decision.

    the Court of Cassation, on the appeal of the Prosecutor-General of [the Perugia] district Court, had in a radical and definitive manner annulled the acquitting pronouncement and had remitted it to the Florentine district court because the same would adopt the consequent decisions of merit in the line of reasoning of the principles of law laid down by the First Chamber of the Supreme Court and of the points decided by it.

    These principles of law are by now unmodifiable and unarguable: the [Fifth Chambers] , called on to decide the matter, as a “second opinion”, concerning the appeal of the defendants from the [Florence] judgment below, would have had to hand down a judgment fully within the “railway tracks” of the law, as fixed by the First Chamber, like the Florentine district court did, principles from among which we may cite:

    [Umodifiable principle] the principle, in fact the unfailing legal prerequisite of a Supreme Court decision, namely the fact that the Court is precluded from “trespassing into a re-evaluation of the compendium of evidence” (see the judgment of the First Chamber at page 40);

    [Unmodifiable principle] the principle of law of the total and holistic evaluation of the probative material, as opposed to the “parcelled-up and atomistic evaluation of the pieces of circumstantial evidence, taking them into consideration one at a time and discarded in terms of their demonstrative potentiality”, which characterised instead, in the negative, the decision of the Court presided by Pratillo Hellmann (see the decision of the same First Chamber at pp. 40 and 41… ). The ancient brocard “Quae singula non probant, simul unita probant” [‘Those which alone do not prove, together do prove’], quoted on p 41 of the First Chamber’s judgment, consecrates in a definitive and unmodifiable manner this requirement of a global and holistic approach in which each individual piece of the jigsaw puzzle of reconstruction of the facts is considered together with all the others in their demonstrative synergy;

    [Unmodifiable principle] the principle by which the [Hellmann] court had run afoul of grave shortcomings and contradictory lines of reasoning and in glaring misrepresentations of the outcome, even in the attempted decoupling of the calunnia, by now definitively attributed to Ms Knox, with the result of masking from view the responsibility of the same in the homicide;

    [Unmodifiable principle] the principle according to which the testimony of the homeless person Mr Curatolo ought to have been evaluated on the basis of corroboration between his statements and the objective and unarguable circumstances emerging from the trial (such as the fact that the witness had with absolute decisiveness anchored the fact of having seen the two accused in the precincts of the basketball courts of Piazza Grimana, nowadays Piazza Fortebraccio, the evening before the arrival, the following day, at the Via della Pergola house of the men from Forensics in their white coveralls), rather than on the basis of Mr Curatolo’s social conditions and lifestyle (see the cited judgment of the First Chamber at page 50);

    [Unmodifiable principle] the principle according to which the definitive conviction of accomplice Rudy Hermann Guede ought to have been taken into account (no. 7195/11, published on 16.12.2010, it also from the First Criminal Chamber of Cassation), Guede having been held to have been extraneous to the simulation of burglary of a house. [A] habitation that, on the night of the murder, was solely at the availability of the victim and of Amanda Knox and from the statements made by the same Rudy before the Perugian district court, according to which Meredith was killed by the two co-accused (see the judgment at pages 55 and 56).

    [Unmodifiable principle] The principle by which contamination of the evidence is to be proved by the party invoking it and which, on the facts of the case, no evidence in support had been offered and which the [Hellmann} Court had seriously confused the abstract possibility of the fact with the averment of the fact (see the judgment at page 69).Umodifiable principle] The principle according to which it was a matter of a homicide committed by multiple persons, in concourse amongst themselves (see page 73 of the cited judgment).

    Here is a translation of Article 530:

    Article 530:

    1. If the act does not subsist [541 2, 542], if the defendant has not commited it [541 2, 542], if the act is not an offence or it is not envisaged by law as an offence, that is, if the offence has been committed by a non-indictable person [c.p. 85] or by a not punishable person for other reasons, the judge issues a judgement of acquittal, stating the reason. 

    2.The judge issues a judgement of acquittal also when there is lack of evidence or it is not sufficient, or there is contradictory evidence that the act subsists, that the defendant has comitted it, that the act constitutes an offence or that the offence has been committed by an indictable person.(1).

    3. If there is evidence that the act has been committed in circumstances of a legal excuse or exemption from criminal liability, that is, there is doubt about them, the judge issues a judgement of acquittal pursuant to clause 1.

    4. In the event of an acquittal the judge applies security measures, in the cases provided for by law.

    And here is a translation of Article 628:

    Impugnability of a ruling issued by a judge after remand

    1. A verdict that had been issued by a court following a Cassation order of remand, may be impugned through a recourse at Supreme Court of Cassation if the ruling was issued on an appeal instance, and through the mean provided by law if was issued on a first instance level.

    2. In any case a verdict issued by a court following a Cassation order of remand may be appealed only on the reasons that do not concern those that had already been decided by Cassation on the order of remand, or for not abiding to disposition of art. 627 paragraph 2.


    Monday, September 07, 2015

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

    Posted by The TJMK Main Posters




    1. Overview Of This Post

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

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

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

    2. Background To Calunnia Trial

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

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

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

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

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

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

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

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

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

    2. Machiavelli Reports From Calunnia Trial

    1. Tweets from the Florence court:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    2. Emailed report following day (8 September):

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

    Amanda Knox and Curt Knox chose not to testify.

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

    The verdict is likely to arrive in the New Year.

    4. Machiavelli On Cassazione Sentencing Report

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

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

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

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


    Monday, August 31, 2015

    The Amanda Knox Calunnia Trial In Florence: What It Is All About #2

    Posted by Peter Quennell



    Above: Florence Prosecutor Dr Angela Pietroiusti. Quick route to Comments here.

    1. Most Bungling Team In Legal History?

    There is NO WAY Knox and Sollecito would be out on the streets if the playing field had been level.

    Knox’s lawyers and family and PR effort and publishers all bungled enormously and suffered an overwhelming loss at both Knox’s trials (murder and calunnia) when pre-trial concessions could have served them well.

    To make up for this, they tilted the playing field.

    Manipulation of the media and thus American (but not Italian) opinion and manipulation of the evidence and manipulation of judges and manipulation of court-appointed DNA experts and manipulation to prevent Italy from finding out what was in Knox’s and Sollecito’s horrific books.

    You want to see manipulation in spades?

    See here and here and the whole huge area of the DNA and of course the RS and AK books.

    You want to see bungling in spades?

    No better example than this one which could possibly cost Sollecito lawyer Luca Maori his career and has stopped the Fifth Chambers of Cassation dead in their tracks.

    Also Knox’s and Sollecito’s foolish books involving dozens of others are coming back to haunt them in court. Also look here at how Chris Mellas dropped Knox in it.

    Helping Sollecito cost his sister Vanessa her Carbinieri job. Sollecito’s father admitted to Panorama he tried political manipulation and was charged. Knox’s parents parroted Amanda Knox and were charged. “Helpful” investigator Paul Ciolino framed an innocent man in another case and was charged. Doug Preston ally Mario Spezi smeared investigators after the two tried framing an innocent man and blocking an investigation getting too near the truth and Spezi was charged.

    Judge Heavey lied to national presidents everywhere and was reprimanded and soon retired. The defense arranged for Judge Hellmann to preside over the 2011 appeal; he was overturned and pushed out. Pepperdine University pushed out the besotted security guard Steve Moore. Frank Sforza, facing felony charges, took off like a rabbit out of America. Defense witness Aviello was charged. 

    The defenses’ attempt to climb in Filomena’s window came up short. This bungled frame-up went nowhere. The pathetic Bruce Fischer team has gone nowhere.

    2. Bungling In Knox’s Calunnia Case

    Keeping Knox quiet for her own good was always a mighty struggle and the defense lawyers openly complained. It was an open secret in Perugia from 2007 to 2009 that Knox’s defense lawyers were struggling with Knox herself and with her family and her PR.

    At least one defense lawyer was fired or walked off the job (as with the Sollecito team). This struggle broke out into the open at various times, for example see here.

    Still. Knox’s defense team also did at least five things to help make matters worse for her in her calunnia trial now.

      1) They allowed Knox to interrupt prosecution witness Anna Donnino, the interpreter, during her testimony in March 2009 to claim she was hit, having repeatedly said previously that that was untrue. That set the legal reaction in motion.

      2) They put Knox on the stand seemingly unbriefed and allowed her to contradict both days and days of prosecution testimony and also prior declarations by herself.

      3) They put a presumably privileged letter from Knox to themselves in evidence (see previous post) knowing that it contained false claims.

      4) They applied to a Perugia judge for the transfer of the calunnia case from Perugia to Florence, thinking the Florence court was gunning for Dr Mignini when the truth is opposite.

      5) They applied to the same Perugia judge for the attachment of Dr Mignini’s name to the complaint though they knew he was not at the “interrogation” as even Knox said on the stand.

    Due to failed defense efforts Knox has already served three years and is a felon for life, and she now could face another six plus more penalties for her book. She is still not off the hook for murder as Fifth Chambers judges broke two laws and had fishy friends in their pasts.

    So, good luck, Amanda Knox. GREAT TEAM!

    3. Day Two Of Knox’s Testimony

    These are excerpts related to the “interrogation” of 5-6 Nov. Important: we dont yet know what else the prosecutors will include in their charges as much of Knox’s testimony was on other things about which she also lied.

    Excerpts in both posts are from the full transcript on the Case Wiki, and all transcription and translation into English (a massive task) was by the PMF Team.

    Cross Examination By Prosecutor Mignini

    GM:  In your preceding declarations, on Nov 2 at 15:30, on Nov 3 at 14:45, then, there was another one, Nov 4, 14:45, and then there’s Nov 6, 1:45. Only in these declarations, and then in the following spontaneous declarations, did you mention the name of Patrick. Why hadn’t you ever mentioned him before?
    AK:  Because that was the one where they suggested Patrick’s name to me.
    GM:  All right, now is the time for you to make this precise and specific. At this point I will take…no, I’ll come back to it later. You need to explain this. You have stated: “The name of Patrick was suggested to me. I was hit, pressured.”
    AK:  Yes.
    GM:  Now you have to tell me in a completely detailed way, you have to remember for real, you have to explain step by step, who, how, when, was the name of Patrick suggested to you, and what had been done before that point. The name of Patrick didn’t just come up like a mushroom; there was a preceding situation. Who put pressure on you, what do you mean by the word “pressure”, who hit you? You said: “They hit me”, and at the request of the lawyer Ghirga, yesterday, you described two little blows, two cuffs.
    AK:  Yes.
    GM:  So that would be what you meant by being hit?
    AK:  Yes.
    GM:  Or something else? Tell me if there was something else. You can tell us.
    AK:  Okay.
    GCM:  So, you are—[Interruptions] The question is—[Interruptions] Escuse me. Excuse me. The question is quite clear. He is repeating this in order to give the accused a chance to add something to these events that were explained by the accused yesterday. The pubblico ministero is asking to return to these events mentioned yesterday in order to obtain more detail about exactly what happened and who did it. Please be as precise as possible.
    GM:  So you were in front of—
    GCM:  The question is clear.
    GM:  All right, so tell us.
    GCM:  Yes, it’s clear.
    AK:  All right. Okay.
    GCM:  If you could give more detail, be more precise, exactly what was suggested to you, about the cuffs, all that.
    AK:  Okay.
    GCM:  And who did all this, if you can.
    AK:  Okay. Fine. So, when I got to the Questura, they placed me to the side, near the elevator, where I was waiting for Raffaele. I had taken my homework, and was starting to do my homework, but a policeman came in, in fact there were I don’t know, three of them or something, and they wanted to go on talking to me. They asked me again—
    GM:  Excuse me, excuse me—
    AK:  [coldly] Can I tell the story?
    GM:  Excuse me for interrupting you otherwise we’ll forget—
    CDV:  Presidente, I object to this way of doing things. The question was asked—[Yelling, interruptions]—we should wait for the answer.
    GM:  It’s impossible to go on like this, no, no.
    CDV:  If a question is asked, she has to be able to answer.
    GCM:  Please, please. That’s correct. There is a rule that was introduced, which says that we should absolutely avoid interruptions from anyone.
    CDV:  I want to ask that she be allowed to finish her answer. She has the right, no?
    GCM:  Please, please, pubblico ministero. It’s impossible to go on this way.
    GM:  I would like to, I can—
    GCM:  No no no, no one can. We have to make sure that while someone is speaking, there are never any superimposed voices. And since the accused is undergoing examination, she has the right to be allowed to answer in the calmest possible way. Interruptions and talking at the same time don’t help her, and they can’t be written down in the minutes, which obliges the courts to suspend the audience and start it again at a calmer and more tranquil moment.
    GM:  Presidente—
    GCM:  No, no, no! Interruptions are absolutely not allowed! Not between the parties, nor when the Court, the President is speaking. So, interruptions are not allowed. Now, the accused is speaking, and when she is finished, we can return to her answers—
    GM:  Presidente.
    GCM:  Excuse me, please! But at the moment she is speaking, we have to avoid interrupting her. But—I don’t know if this is what was wanted—but while you are speaking, if you could tell us when. For instance, you say you were doing homework, but you didn’t tell us when. We need to know when, on what day, the 2nd of November, the 3rd, what time it was. While you are talking, you need to be more detailed, as detailed as you can with respect to the date and the time.
    AK:  Okay.
    GCM:  And we must avoid interruptions, but when you have finished, we can discuss your answer.
    AK:  Thank you. So, here is…how I understood the question, I’m answering about what happened to me on the night of the 5th and the morning of the 6th of November 2007, and when we got to the Questura, I think it was around 10:30 or nearer 11, but I’m sorry, I don’t know the times very precisely, above all during that interrogation. The more the confusion grew, the more I lost the sense of time. But I didn’t do my homework for a very long time. I was probably just reading the first paragraph of what I had to read, when these policemen came to sit near me, to ask me to help them by telling them who had ever entered in our house. So I told them, okay, well there was this girlfriend of mine and they said no no no, they only wanted to know about men. So I said okay, here are the names of the people I know, but really I don’t know, and they said, names of anyone you saw nearby, so I said, there are some people that are friends of the boys, or of the girls, whom I don’t know very well, and it went on like this, I kept on answering these questions, and finally at one point, while I was talking to them, they said “Okay, we’ll take you into this other room.” So I said okay and went with them, and they started asking me to talk about what I had been doing that evening. At least, they kept asking about the last time I saw Meredith, and then about everything that happened the next morning, and we had to repeat again and again everything about what I did. Okay, so I told them, but they always kept wanting times and schedules, and time segments: “What did you do between 7 and 8?” “And from 8 to 9? And from 9 to 10?” I said look, I can’t be this precise, I can tell you the flow of events, I played the guitar, I went to the house, I looked at my e-mails, I read a book, and I was going on like this. There were a lot people coming in and going out all the time, and there was one policeman always in front of me, who kept going on about this. Then at one point an interpreter arrived, and the interpreter kept on telling me, try to remember the times, try to remember the times, times, times, times, and I kept saying “I don’t know. I remember the movie, I remember the dinner, I remember what I ate,” and she kept saying “How can you you remember this thing but not that thing?” or “How can you not remember how you were dressed?” because I was thinking, I had jeans, but were they dark or light, I just can’t remember. And then she said “Well, someone is telling us that you were not at Raffaele’s house. Raffaele is saying that at these times you were not home.” And I said, but what is he saying, that I wasn’t there? I was there! Maybe I can’t say exactly what I was doing every second, every minute, because I didn’t look at the time. I know that I saw the movie, I ate dinner. And she would say “No no no, you saw the film at this time, and then after that time you went out of the house. You ate dinner with Raffaele, and then there is this time where you did nothing, and this time where you were out of the house.” And I said, no, that’s not how it was. I was always in Raffaele’s apartment.
    GCM:  [taking advantage of a tiny pause to slip in without exactly interrupting] Excuse me, excuse me, the pubblico ministero wants to hear precise details about the suggestions about what to say, and also about the cuffs, who gave them to you.
    AK:  All right. What it was, was a continuous crescendo of these discussions and arguments, because while I was discussing with them, in the end they started to little by little and then more and more these remarks about “We’re not convinced by you, because you seem to be able to remember one thing but not remember another thing. We don’t understand how you could take a shower without seeing…” And then, they kept on asking me “Are you sure of what you’re saying? Are you sure? Are you sure? If you’re not sure, we’ll take you in front of a judge, and you’ll go to prison, if you’re not telling the truth.” Then they told me this thing about how Raffaele was saying that I had gone out of the house. I said look, it’s impossible. I don’t know if he’s really saying that or not, but look, I didn’t go out of the house. And they said “No, you’re telling a lie. You’d better remember what you did for real, because otherwise you’re going to prison for 30 years because you’re a liar.” I said no, I’m not a liar. And they said “Are you sure you’re not protecting someone?” I said no, I’m not protecting anyone. And they said “We’re sure you’re protecting someone.” Who, who, who, who did you meet when you went out of Raffaele’s house?” I didn’t go out. “Yes, you did go out. Who were you with?” I don’t know. I didn’t do anything. “Why didn’t you go to work?” Because my boss told me I didn’t have to go to work. “Let’s see your telephone to see if you have that message.” Sure, take it. “All right.” So one policeman took it, and started looking in it, while the others kept on yelling “We know you met someone, somehow, but why did you meet someone?” But I kept saying no, no, I didn’t go out, I’m not pro-pro-pro—-
    GCM:  [taking advantage of her stammer] Excuse me, okay, we understand that there was a continuous crescendo.
    AK:  Yes.
    GCM:  As you said earlier. But if we could now get to the questions of the pubblico ministero, otherwise it will really be impossible to avoid some interruptions. If you want to be able to continue as tranquilly, as continuously as possible…
    AK:  Okay, I’m sorry.
    GCM:  So, if you could get to the questions about exactly when, exactly who… these suggestions, exactly what did they consist in? It seems to me…
    AK:  Okay. Fine. So, they had my telephone, and at one point they said “Okay, we have this message that you sent to Patrick”, and I said I don’t think I did, and they yelled “Liar! Look! This is your telephone, and here’s your message saying you wanted to meet him!” And I didn’t even remember that I had written him a message. But okay, I must have done it. And they were saying that the message said I wanted to meet him. That was one thing. Then there was the fact that there was this interpreter next to me, and she was telling me “Okay, either you are an incredibly stupid liar, or you’re not able to remember anything you’ve done.” So I said, how could that be? And she said, “Maybe you saw something so tragic, so terrible that you can’t remember it. Because I had a terrible accident once where I broke my leg…”
    GCM:  The interpreter said this to you?
    AK:  The interpreter, yes.
    GCM:  I also wanted to ask you because it isn’t clear to me: only the interpreter spoke to you, or the others also?
    AK:  All the others also.
    GCM:  Everyone was talking to you, all the others, but were they speaking in English?
    AK:  No, in Italian.
    GCM:  In Italian. And you answered in Italian?
    AK:  In Italian, in English…
    GCM:  And what was said to you in Italian, did it get translated to you in English?
    AK:  A bit yes, a bit no, there was so much confusion, there were so many people all talking at the same time, one saying “Maybe it was like this, maybe you don’t remember,” another saying “No, she’s a stupid liar,” like that…
    GCM:  But everything was eventually translated, or you understood some of it and answered right away?
    AK:  It wasn’t like an interrogation, like what we’re doing now, where one person asks me a question and I answer. No. There were so many people talking, asking, waiting, and I answered a bit here and there.
    GCM:  All right. You were telling us that the interpreter was telling you about something that had happened to her. [Interruption by Mignini.] But you need to get back to the questions asked by the pubblico ministero. This isn’t a spontaneous declaration now. This is an examination. That means the pubblico ministero has asked you a question, always the same question, and we still haven’t really heard the answer to it.
    AK:  Yes, sorry.
    GCM:  Right, so you were saying that there was this continuous crescendo.
    AK:  It’s difficult for me to say that one specific person said one specific thing. It was the fact that there were all these little suggestions, and someone was saying that there was the telephone, then there was the fact that… then more than anything what made me try to imagine something was someone saying to me “Maybe you’re confused, maybe you’re confused and you should try to remember something different. Try to find these memories that obviously you have somehow lost. You have to try to remember them. So I was there thinking, but what could I have forgotten? And I was thinking, what have I forgotten? what have I forgotten? and they were shouting “Come on, come on, come on, remember, remember, remember,” and boom! on my head. [Amanda slaps herself on the back of the head: End of video segment] “Remember!” And I was like—Mamma Mia! and then boom! [slaps head again] “Remember!”
    GCM:  Excuse me, excuse me, please, excuse me…
    AK:  Those were the cuffs.
    GCM:  So, the pubblico ministero asked you, and is still asking you, who is the person that gave you these two blows that you just showed us on yourself?
    AK:  It was a policewoman, but I didn’t know their names.
    GM:  Go ahead, pubblico ministero.
    GM:  So, now, I asked you a question, and I did not get an answer. You ... [interruptions]!
    LG or CDV:  I object to that remark! That is a personal evaluation! Presidente! That is very suggestive. He is making an unacceptable conclusion. He can ask a question, but this is a personal opinion. It seems to me that she did answer. She answered for a good five minutes.
    GCM:  Sorry, but I said that we were supposed to avoid interruptions, that we weren’t supposed to interrupt when someone was speaking—
    LG or CDV:  But—
    GCM:  Wait—avvocato, excuse me, please, let’s try to avoid these moments which don’t help anybody and probably harm the person undergoing the examination because they create tension in the court—
    GM:  When I am doing the cross-examination I would like—
    GCM:  Please, pubblico ministero. This is another recommendation: let’s avoid analyses. Let’s take the answers as they come, later the right moment will come to say that from this examination, you did not obtain the answer that you expected, that the accused did not answer the questions. That is a later phase. At this moment, let’s stay with the answers that we have, even if they are not exhaustive, and return to the question, but avoiding personal evaluations of their value. Go ahead, publicco ministero, go ahead.
    GM:  I would like to—
    GCM:  Yes, yes, go ahead, return to your question. And then you can come back to it with more details.
    GM:  The central point of that interrogation was the moment when the name of Patrick emerged. You spoke of suggestions, you spoke of pressure, you spoke of being hit, I asked you to give me a precise description of who gave you the blows, you need to describe this person. Was it a woman or a man? Who asked you the questions? Who was asking you the questions? There was the interpreter, who was the person who was translating. But the exam, the interrogation, who was doing it? Apart from the people who were going in and out. You must have understood that there was a murder, and this was a police station, and the investigation was hot, and what I am asking you is, who was actually conducting the interrogation?
    GCM:  The pubblico ministero is asking you, you said that the two blows were given to me by someone whose name I don’t know. The pubblico ministero is asking you firstly if you can give a description of the person who hit you, if you saw her, and if you can give us a description. The second question—
    AK:  So, when I—the person who was conducting the interrogation—
    GCM:  That was the second question! You’re starting with the second question, that’s fine, go ahead, go ahead.
    AK:  Oh, sorry…
    GCM:  Go on, go on. The person who was conducting the interrogation…
    AK:  Well, there were lots and lots of people who were asking me questions, but the person who had started talking with me was a policewoman with long hair, chestnut brown hair, but I don’t know her. Then in the circle of people who were around me, certain people asked me questions, for example there was a man who was holding my telephone, and who was literally shoving the telephone into my face, shouting “Look at this telephone! Who is this? Who did you want to meet?” Then there were others, for instance this woman who was leading, was the same person who at one point was standing behind me, because they kept moving, they were really surrounding me and on top of me. I was on a chair, then the interpreter was also sitting on a chair, and everyone else was standing around me, so I didn’t see who gave me the first blow because it was someone behind me, but then I turned around and saw that woman, and she gave me another blow to the head.
    GCM:  This was the same woman with the long hair?
    AK:  Yes, the same one.
    GCM:  All right. Are you finished? Tell me if you have something to add.
    AK:  Well, I already answered.
    GCM:  Fine, fine, all right. Go ahead, pubblico ministero.
    GM:  I’ll go on with the questions. In the minutes it mentions three people, plus the interpreter. Now, you first said that they suggested things to you. What exactly do you mean by the word “suggestion”, because from your description, I don’t see any suggestion. I mean, what is meant by the Italian word “suggerimento”, I don’t find it.
    GCM:  [quelling them] Excuse me, excuse me, please, please, excuse me, excuse me! Listen, the pubblico ministero is asking you: “suggestions”, you also mentioned words that were “put in your mouth”, versions, things to say, circumstances to describe.
    The pubblico ministero is asking two things: who made the suggestions, and what exactly were you told to say? }}
    AK:  All right. It seems to me that the thoughts of the people standing around me, there were so many people, and they suggested things to me in the sense that they would ask questions like: “Okay, you met someone!” No, I didn’t. They would say “Yes you did, because we have this telephone here, that says that you wanted to meet someone. You wanted to meet him.” No, I don’t remember that. “Well, you’d better remember, because if not we’ll put you in prison for 30 years.” But I don’t remember! “Maybe it was him that you met? Or him? You can’t remember?” It was this kind of suggestion.
    GCM:  When you say they said “Maybe you met him?”, did they specify names?
    AK:  Well, the important fact was this message to Patrick, they were very excited about it. So they wanted to know if I had received a message from him—
    [Interruptions]
    GCM:  Please, please!
    [Interruptions, multiple voices]
    CDV:  It’s not possible to go on this way! [Mignini yells something at dalla Vedova]
    GCM:  Please, please, excuse me, excuse me!
    ??:  I’m going to ask to suspend the audience! I demand a suspension of five minutes!
    GCM:  Excuse me, excuse me! Please!
    CDV:  Viva Dio, Presidente!
    GM:  Presidente, I’m trying to do a cross-examination, and I must have the conditions that allow me to do it! The defense keeps interrupting.
    ??:  That’s true!
    GCM:  Excuse me, excuse me, please—
    GM:  We’re asking for a suspension!
    GCM:  Just a moment, excuse me. I’ve heard all the demands and suggestions, now the Court will decide. So.
    [Several moments of silence, during which Amanda murmurs in a very tiny voice: “Scusa.”]
    GCM:  I want to point out that the accused offers answers to every question. She could always refuse to respond. She is answering, and that doesn’t mean she has to be asked about the same circumstances again and again. She is not a witness. The accused goes under different rules. We have to accept the answers—
    ??:  But—
    GCM:  Please, please! We have to accept the answers given by the accused. She can stop answering at any time. At some point we simply have to move on to different questions. One circumstance is being asked again, the accused answered. The regularly, the tranquillity, the rituality of the court, of the process, has to be respected. The pubblico ministero was asking about suggestions. [To Amanda] If you want a suspension we can do it right away.
    AK:  No, I’m fine.
    GCM:  So the pubblico ministero was asking about the suggestions. All right?
    AK:  Sure.
    GCM:  So, you were the one who gave the first indication, introducing this generic pronoun “him”? This “him”, did they say who it could be?
    AK:  It was because of the fact that they were saying that I apparently had met someone and they said this because of the message, and they were saying “Are you sure you don’t remember meeting THIS person, because you wrote this message.”
    GCM:  In this message, was there the name of the person it was meant for?
    AK:  No, it was the message I wrote to my boss. The one that said “Va bene. Ci vediamo piu tardi. Buona serata.”
    GCM:  But it could have been a message to anyone. Could you see from the message to whom it was written?
    AK:  Actually, I don’t know if that information is in the telephone. But I told them that I had received a message from Patrick, and they looked for it in the telephone, but they couldn’t find it, but they found the one I sent to him.
    GCM:  I also wanted to ask you for the pubblico ministero, you wrote this message in Italian. I wanted to ask you, since you are an English speaker, what do you do when you wrote in Italian? Do you first think in English, and then translate into Italian, or do you manage to think directly in Italian?
    AK:  No, at that time, I first thought in English, then I would translate, and then write.
    GCM:  So that clarifies that phrase. Go ahead, pubblico ministero, but I think we’ve exhausted the question.
    GM:  Yes, yes. I just wanted one concept to be clear: that in the Italian language, “suggerire” means “indicate”, someone who “suggests” a name actually says the name and the other person adopts it. That is what “suggerimento” is, and I…so my question is, did the police first pronounce the name of Patrick, or was it you? And was it pronounced after having seen the message in the phone, or just like that, before that message was seen?
    ??:  Objection! Objection!
    GM:  On page 95, I read—
    CDV:  Before the objection, what was the question?
    GM:  The question was: the question that was objected was about the term “suggerimento”. Because I interpret that word this way: the police say “Was it Patrick?” and she confirms that it was Patrick. This is suggestion in the Italian language.
    GCM:  Excuse me, please, excuse me. Let’s return to the accused. What was the suggestion, because I thought I had understood that the suggestion consisted in the fact that Patrick Lumumba, to whom the message was addressed, had been identified, they talked about “him, him, him”. In what terms exactly did they talk about this “him”? What did they say to you?
    AK:  So, there was this thing that they wanted a name. And the message—
    GCM:  You mean, they wanted a name relative to what?
    AK:  To the person I had written to, precisely. And they told me that I knew, and that I didn’t want to tell. And that I didn’t want to tell because I didn’t remember or because I was a stupid liar. Then they kept on about this message, that they were literally shoving in my face saying “Look what a stupid liar you are, you don’t even remember this!” At first, I didn’t even remember writing that message. But there was this interpreter next to me who kept saying “Maybe you don’t remember, maybe you don’t remember, but try,” and other people were saying “Try, try, try to remember that you met someone, and I was there hearing “Remember, remember, remember,” and then there was this person behind me who—it’s not that she actually really physically hurt me, but she frightened me…
    GCM:  “Remember!” is not a suggestion. It is a strong solicitation of your memory. Suggestion is rather…
    AK:  But it was always “Remember” following this same idea, that…
    GCM:  But they didn’t literally say that it was him!
    AK:  No. They didn’t say it was him, but they said “We know who it is, we know who it is. You were with him, you met him.”
    GCM:  So, these were the suggestions.
    AK:  Yes.
    GCM:  Go ahead, pubblico ministero.
    GM:  I object here on the dynamics, because here there’s a contrast…well… per carita—[Brief interruption from GCM]—From Amanda’s answer, it emerges that there was this cell phone and this message and this “Answer, answer,” whereas in the minutes of the Dec 17 interrogation, page 95, we find: The police could not have suggested—[Arguing, everyone speaking, Maresca, Pacelli etc., some saying that they need to know the exact page, it’s different in their version. ]
    GCM:  While the pubblico ministero is talking, let’s avoid interrupting him. It’s true that the pages are different, but still, if you can’t find the page, ask for a moment’s pause, don’t interrupt the reading.
    GM:  So, on line number one, two, three, four…
    GCM:  Pubblico ministero, don’t worry about the lines, please read.
    GM:  [reading] She said: “I accused Patrick and no one else because they were continually talking about Patrick.” Suggesting, to use Amanda’s words. I asked: “The police, the police could not suggest? And the interpreter, was she shouting the name of Patrick? Sorry, but what was the police saying?” Knox: “The police were saying, ‘We know that you were in the house. We know you were in the house.’ And one moment before I said Patrick’s name, someone was showing me the message I had sent him.” This is the objection. There is a precise moment. The police were showing her the message, they didn’t know who it was—
    GCM:  Excuse me, excuse me pubblico ministero [talking at the same time] excuse me, excuse me, the objection consists in the following: [to Amanda], when there are contrasts or a lack of coincidence with previous statements, be careful to explain them.
    AK:  Okay.
    GCM:  Do you confirm the declarations that the pubblico ministero read out?
    AK:  I explained it better now.
    GCM:  You explained it better now. All right pubblico ministero. Go ahead.
    GM:  So, let’s move forward.
    AK:  Okay.
    GM:  Now, what happened next? You, confronted with the message, gave the name of Patrick. What did you say?
    AK:  Well, first I started to cry. And all the policemen, together, started saying to me, you have to tell us why, what happened? They wanted all these details that I couldn’t tell them, because in the end, what happened was this: when I said the name of “Patrick”, I suddenly started imagining a kind of scene, but always using this idea: images that didn’t agree, that maybe could give some kind of explanation of the situation. I saw Patrick’s face, then Piazza Grimana, then my house, then something green that they told me might be the sofa. Then, following this, they wanted details, they wanted to know everything I had done. But I didn’t know how to say. So they started talking to me, saying, “Okay, so you went out of the house, okay, fine, so you met Patrick, where did you meet Patrick?” I don’t know, maybe in Piazza Grimana, maybe near it. Because I had this image of Piazza Grimana. “Okay, fine, so you went with him to your house. Okay, fine. How did you open the door?” Well, with my key. “So you opened the house”. Okay, yes. “And what did you do then?” I don’t know. “But was she already there?” I don’t know. “Did she arrive or was she already there?” Okay. “Who was there with you?” I don’t know. “Was it just Patrick, or was Raffaele there too?” I don’t know. It was the same when the pubblico ministero came, because he asked me: “Excuse me, I don’t understand. Did you hear the sound of a scream?” No. “But how could you not have heard the scream?”. I don’t know, maybe my ears were covered. I kept on and on saying I don’t know, maybe, imagining…
    GCM:  [Stopping her gently] Okay, okay. Go ahead, pubblico ministero.
    CDV?:  I’d like to ask a question, I’d like to make an objection about—
    GCM?:  All right, so—
    GM:  Is it a question or an objection? [crossing, arguing voices]
    GCM:  Please, no interruptions.
    CDV?:  [stronger] I said, I am asking a question and making an objection—
    GCM:  But, excuse me, let’s stay with essentials. Let’s hear what the pubblico ministero has to say, and then we’ll see. That’s a premise.
    GM:  I appeal to the court that this is making the examination impossible.
    GCM:  Please, please, sorry. Go ahead.
    GM:  I am trying to understand. In the interro—[he breaks off in mid-word, I think dalla Vedova must have stood up again.]
    GCM:  But it’s not possible to hinder things this way, avvocato. Excuse me. Why?
    CDV?:  [hard to hear because he’s speaking at the same time as GCM] The defense would like to formally ask for a break [?]
    GCM:  We haven’t even heard what he is trying to say yet. You can’t make preventive objections! I’m sorry, avvocato.
    CDV?:  I’m not making an objection—
    GCM:  [really trying to stop him but not succeeding, CDV goes on talking at the same time] Please, please avvocato, no no no no, the pubblico ministero is speaking. [GM also says some words] Excuse me, excuse me.
    CDV?:  The suggestions of the PM before asking the question are inopportune, because he is suggesting and making suggestive…
    GCM:  Please, please, excuse me, excuse me! [He really, really needs a gavel to bang!]
    GM:  [some words]
    GCM:  Please, pubblico ministero! We are creating useless moments—
    GM:  [some words]
    GCM:  [much louder] Please, pubblico ministero! Please! Now, excuse me.
    GM or CDV:  Please explain this concept to me.
    GCM:  Please, please! [He finally obtains silence] I understand that when these interruption happens, the tone gets a bit louder, but that is not helpful. [Interruption] Please, please—but we are getting the impression that the objections are preventive. So while the pubblico ministero is speaking, which he has every right to do in this phase, and the defense already had their chance to do it, and they weren’t interrupted yesterday, so we ask for equal treatment today, at the present moment of the examination of the accused. And the tone should always remain cordial without giving the impression of a—
    CDV:  Yes, yes, no, no. But it’s just that, I am asking that—
    GCM:  Please, avvocato. There’s no reason. We are trying to reconcile the interests of all parties, we are gathering circumstances on which the different parties are called to make analyses and the Court to decide. This will be helpful for everyone. Go ahead.
    GM:  The question is this: You say, you just told me a little while ago, that… the police—I’m trying to—well, I have to give a little introduction so she understands my question. You said “they found this message and they asked me whom it was to, if it was true or not true.” And you answered. Then the police obviously goes forward with their questions. “So, tell us”. And you…you just told me, I can’t read it, obviously I don’t have the transcription right here, but, I might be making a mistake, I don’t know, but you were saying that you remembered Piazza Grimana. Did you really say that?
    AK:  Yes.
    GCM:  Please, please, excuse me, there, now what the accused is saying is: “On the basis of these elements, I tried to reconstruct a scene that could be verified.” In these terms, not because she… She mentally elaborated, with her imagination: this is what I understood, how the scene could be realized, containing those elements that had come up.
    AK:  Certainly.
    GCM:  But she wasn’t speaking of an effective memory of circumstances that had effectively occurred in her perception. That is the meaning of the response of the accused.
    AK:  Certo.
    GM:  But you said that you remembered Piazza Grimana.
    AK:  I had an image of Piazza Grimana.
    GM:  An image of Piazza Grimana, that’s right. Now listen, in the interrogation, page 95, the same interrogation, but the same expression turns up in other places, I can give references if necessary…

    [Start of 6:54 minute video segment] ...I asked this question: Why did you throw out an accusation of this type? In the confrontations with Mr. Lumumba (I was continuing and you answered right away): “I was trying, I had the possibility of explaining the message in my phone. He had told me not to come to work.” Perfectly normal things. So, faced with a perfectly normal circumstance, “My boss texted me to tell me not to come to work and I answered him,” you could have just stated that. End of response. Instead, faced with the message, and the questions of the police, you threw out this accusation. So I am asking you, why start accusing him when you could calmly explain the exchange of messages? Why did you think those things could be true? }}
    AK:  I was confused.
    GM:  You have repeated that many times. But what does it mean? Either something is true, or it isn’t true. Right now, for instance, you’re here at the audience, you couldn’t be somewhere else. You couldn’t say “I am at the station.” You are right here, right now.
    AK:  Certainly. [Some noise]
    GCM:  The question is clear.
    AK:  Can I answer?
    GCM:  [quelling noise] Excuse me, excuse me! Please, go ahead.
    AK:  My confusion was because firstly, I couldn’t understand why the police was treating me this way, and then because when I explained that I had spent the whole time with Raffaele, they said “No, you’re a liar”. It was always this thing that either I didn’t remember or I was lying. The fact that I kept on and on repeating my story and they kept saying “No, you’re going to prison right now if you don’t tell the truth,” and I said “But I’ve told the truth,” “No, you’re a liar, now you’re going to prison for 30 years because either you’re a stupid liar or you forgot. And if it’s because you forgot, then you’d better remember what happened for real, right now.” This is why I was confused. Because I didn’t understand. I didn’t understand why. I didn’t understand anything any more. I was so scared and impressed by all this that at some point I thought What the heck, maybe they’re right, maybe I forgot.
    GM:  So, and then, you accused Lumumba of murder. This is the conclusion.

    GM:  I wanted to spend a moment on one last question, maybe the last but I don’t know, about the morning of the 6th.
    AK:  Okay.
    GM:  There’s another thing I didn’t understand. You said pressure was put on you, and there were suggestions, you explained today exactly what those consisted in, to say the name of Patrick and to accuse Patrick. Then you wrote a memorandum in which you confirm everything. And you weren’t under pressure right then. Why didn’t you just say: “I falsely accused someone.” Someone who was in prison, who was put in prison, maybe for a long time. Can you explain this to me?
    AK:  Certo.
    CDV?:  Can I make an objection? Very, very calmly and without animosity?
    GCM:  Thank you, thank you, thank you, thank you [for the calm, no doubt]. Thank you.
    CDV?:  It seems to me that the pubblico ministero, in presenting his questions, always makes references which go as far as actually suggesting the answers, and also—
    GM:  Well it is a cross-examination.
    GCM:  Please, please let’s avoid interruptions and let each person express what he has to say. Go ahead, avvocato.
    CDV?:  In the question he just asked, he mentions the memorandum and says it confirms. Now, this might be a specific question, but it should not be an assertion on the part of the pubblico ministero, followed by another question. If we look in the minutes, we find a series of unilateral declarations which all go to show what interests the pubblico ministero. To my mind, this mentality goes against our way of examining the accused. I just want to make this clear.
    GCM:  All right, taking into account these remarks, the pubblico ministero’s question remains. It could be rephrased like this: during the 5th and the 6th, you said there were pressures, and the name of Patrick Lumumba emerged as also being involved in these events. But as the pubblico ministero notes, you then you wrote the memorandum spontaneously. We heard that you yourself asked for paper to be able to write it.
    AK:  Certainly.
    GCM:  And writing with this liberty, you even referred to it as a gift, these elements which had already emerged, you reasserted them, and this involvement of Patrick Lumumba. What the pubblico ministero is asking is: how did you—this question was already asked yesterday—in these different circumstances, you weren’t in the room any more, there wasn’t any pressure, why didn’t the truth somehow get stabilized?
    AK:  Yes, yes. In fact, what happened is that I had literally been led to believe that somehow, I had forgotten something real, and so with this idea that I must have forgotten, I was practically convinced myself that I really had forgotten. And these images, that I was actually forcing myself to imagine, were really lost memories. So, I wasn’t sure if those images were reality or not, but explaining this to the police, they didn’t want to listen to the fact that I wasn’t sure. They treated me as though I had now remembered everything and everything was fine and I could now make a declaration in the tribunal against someone, to accuse someone. I didn’t feel sure about that. I didn’t feel—
    GCM:  Excuse me, but in the memorandum, do you remember what you wrote about Patrick? Because maybe it wasn’t precise…
    GM:  [Interrupting] I want—I want—I want to contest this point. Two points in the memorandum. If I’m not mistaken, you weren’t a witness right then. You had been the object of an arrest warrant. You had been arrested. You know the difference between a suspect and a witness. You weren’t a witness. Not any longer. So in the memorandum—
    CDV?:  One moment—[hard to hear] Does she know the difference?
    GM:  Can I continue? Sorry, avvocato, but I’m asking questions! Can I continue? He’s continually—
    GCM:  Sorry, sorry, go ahead.
    GM:  This is impossible!
    GCM:  Please, pubblico ministero, go ahead, go ahead.
    GM:  I am interrogating. I am interrogating. Now I’m distracted. Now, the difference between a suspect and a witness—a person informed of the facts. You said: “I made these declarations so that I could leave, so I could be—” but instead, you were arrested. And you wrote the memorandum after you had been arrested. And you wrote two sentences: I’ll read them. “I stand by my statements that I made last night about events that events that could have taken place in my home with Patrick.” [In Italian: “I confirm…”] Do you know what the word “confirm” means in Italian? “In the flashbacks that I’m having, I see Patrick as the murderer.” There wasn’t any policeman with you when you wrote that. No one. You wrote that in complete liberty. Do you know how to explain to me why? And this is even more decisive than what you said some hours earlier. Can you explain this?
    AK:  I couldn’t even explain to myself why I had these images in my head, because I didn’t know if they were memories or not. And I want to say that if I made these declarations, that they asked me to sign and everything, I did it, but I wanted in the memorandum to explain my doubt, this fact that I wasn’t sure about it, because no one ever wanted to listen when I said listen, I don’t know.
    GCM?:  Effectively the memorandum was correcting what had been said, and these doubts arose.
    GM:  Do you have lapses of memory? At that time did you ever have lapses of memory?
    AK:  Did I have what?
    GM:  Lapses of memory.
    AK:  Oh, lapses of memory.
    GM:  Lapses of memory. Moments where you couldn’t remember things that you had done. “What did I do yesterday? I don’t know.”
    AK:  [Laughing] I’ve had that problem all my life.
    GM:  What?
    AK:  I’ve had that problem all my life. I can’t remember where I put my keys.
    GM:  So it happened to you at other times? Explain it to me. You previously mixed up things, didn’t know whether you had dreamed things or they were real?
    AK:  No, not that part about the imagination! I would forget for example what I ate yesterday for dinner, yes, that happened to me, but not to actually imagine things.
    GM:  To imagine something that hadn’t really happened, that never happened to you.
    AK:  No. I never had that problem, but then, I had never been interrogated like that before.
    GM:  Okay, so when you had this flashback, you saw Patrick as the murderer. What was this flashback?
    AK:  The flashback consisted in this image of Patrick’s actual face, not that I imagined an actual act, I imagined his face. Then I had this image of Piazza Grimana, then an image of Patrick’s face, then I always had this idea that they wanted to say: these images explain the fact that you met him, and you brought him home, and maybe you heard something and covered your ears, and it was always like this, not that I actually imagined having seen Meredith’s death. It was these images that came by themselves, to explain…
    GM:  I see. All right. I take note of what you’re saying. Now, let’s talk about your memorandum from the 7th, still written in total autonomy, without anyone around you. You wrote: “I didn’t lie when I said that I thought the murderer was Patrick. At that moment I was very stressed and I really did think that it was Patrick.” Then you add “But now I know that I can’t know who the murderer is, because I remember that I didn’t go home.” Can you explain these concept to me?
    AK:  Yes, because I was convinced that I somehow could have forgotten. So in that moment, I—
    GM:  So what you had said might have actually been true?
    AK:  Yes.
    AK:  Yes, it could have been true, but at that moment. But then, when I was able to rethink the facts, it became clearer and clearer that it didn’t make sense, that it was absolutely ridiculous that I could have thought that or imagined it.
    GM:  But didn’t you feel the need to intervene to get an innocent person out of prison? You didn’t feel the need?
    AK:  But the police had already called me a liar, and I didn’t feel they were listening to me. Also because in the Questura—
    GM:  But you were in prison!
    AK:  But in the Questura, I had already told them: Look, I’m not sure about this, and they didn’t want to hear that. They didn’t want to listen, because they said to me “No, you’ll remember it later. You just need a little time to really remember these facts.” I told them no, I don’t think it’s like that, but they didn’t want to listen.
    GM:  They didn’t believe you. But you, once you said that you remembered, [snaps fingers?] you could have just made a declaration or sent me another memorandum saying “No, I didn’t say the truth. Patrick is innocent.”
    GCM:  Excuse me, we already had explanations about this.


    The Amanda Knox Calunnia Trial In Florence: What It Is All About #1

    Posted by Peter Quennell



    Above: Florence Prosecutor Dr Leopoldo Di Girolamo. Quick route to Comments here.

    1. Arrangements For Knox Trial In Florence

    Knox’s second trial for aggravated calunnia will take place later this week and early next week in Florence.

    For the record the sentence for a repeat calunnia offense can be six years and the statute of limitations cuts in at 11 year and three months which in this case will be late in AD 2020.

    The real drama if any will be next week, when witnesses are to be called starting on Monday. We should have some court reporting from Main Poster Machiavelli. There is the possibility of a closed court and a verdict on Tuesday.

    We believe the judge will be Dr Giampaolo Boninsegna. We presume that Knox will not attend (perhaps a weak move, perhaps not).

    Two prosecutors have developed the case which was sparked by complaints from investigators in the Perugia central police station. They are Dr Leopoldo Di Girolamo (image above) and Dr Angela Pietroiusti. We could see either or both of them in action.

    It appears now that knox’s lawyers will again be Ghirga and Dalla Vedova, who some lawyers criticise for dropping her in it at trial with an ill-judged stint on the stand after 20 months of trying to stop Knox dropping herself in it.

    2. Why Knox Was On The Stand in 2009

    Knox’s team primarily primarily intended that Knox’s two days on the stand should serve to explain why she framed Patrick and then allowed him to languish in prison.

    Both publicly to the media and at the Micheli hearings in late 2008 Knox’s lawyers had denied she was ill-treated or forced into a “confession”. So why was Knox put on the stand?

    Probably in part because Knox absolutely insisted on it, given her considerable track record of written and spoken explanations and her interrogation in December 2007 by Dr Mignini. Each time a fail, but perhaps she had in mind the movie Groundhog Day.

    And probably in part because the prosecution portion of the trial had been pretty damning. There had been stacks of evidence and numerous witnesses whose testimony fitted together pretty seamlessly.

    Contrast this with the defense portion of the trial, from late summer onward, which was often awkward and hesitant, often did not fill complete court days, and really gained no ground back.

    3. The Knox Defense Team’s Uphill Task Here

    Bizarrely, Knox AND her lawyers AND her family had already sat through days and days of testimony earlier in the trial from various investigators who were present on 5-6 November when Knox explosively fingered Patrick.

    Knox’s testimony was like night and day compared to that, as if none of that previous testimony had even happened. This was probably unique in Italian legal history and quite possibly in US legal history also.

    Our ongoing Interrogation Hoax series, still far from complete, which has included a lot of new translation, showed what a very consistent picture of events on 5-6 Nov all these witnesses testified to.

    Testimony led by Knox’s team (see below) was quite extensive but it tellingly wandered far from the main point and was very pussyfooting about 5-6 Nov even though Knox was not under oath and prosecutor cross-examination was circumscribed. It really won no points for Knox at all and didnt avoid her serving three years.

    To consider the target testimony below against the picture the court had already developed, please read at least Part One of the series.

    Look below as you read for all the numerous claims by Knox of illegal pressure and illegal abuse and illegal insistence of scenarios and names given to her by the cops.

    According to the prior testimony of all those officers Knox is impugning, none of these claims of illegality seemingly designed to hurt careers had any truth at all to them.

    4. Day One of Knox’s Testimony

    Day two’s testimony will follow in our next post. Excerpts in both posts are from the full transcript on the Case Wiki, and all transcription and translation into English (a massive task) was by the PMF Team.

    Relevant Questions By Lumumba Lawyer Pacelli

    Here AK is Knox, CP is Pacelli, and GCM is Judge Massei.

    CP:  Listen, let’s get to the evening of November 1. On the evening of November 1, 2007, did you have an appointment with Patrick near the basketball court?
    GCM:  [Interrupting the interpreter who is putting this question into English for Amanda] Excuse me, excuse me. Also for the interpreter, also the English translation, everything is for everyone, this is not a dialogue between two people.
    CP:  I’ll ask a simpler question, Presidente.
    GCM:  No no, we heard it. Please, go ahead. [The interpreter translates the question]
    AK:  No, I didn’t.
    CP:  So, on the evening of November 1, you didn’t meet Patrick?
    AK:  No.
    CP:  You didn’t meet him at the basketball court?
    AK:  No.
    CP:  Then why did you say you met him at the basketball court during your interrogation of November 6, 2007, at 1:45 in the morning in front of the judicial police?
    AK:  It was a complicated situation. I can explain it if you want me to go into it.
    CP:  Yes, yes, later.
    AK:  Okay.
    CP:  You had the keys of the apartment in via della Pergola?
    GCM:  Excuse me, avvocato, she was saying something.
    CP:  Sorry. Please, go ahead.
    GCM:  She was adding something. Please go ahead. You can answer…
    AK:  Okay.
    GCM:  ...with all the time and the precision that you need.
    AK:  Okay.
    GCM:  [addressing the interpreter] Tell her that if she wants to add something, as it seemed she did, she can do it, and we will listen. [Interpreter puts this into English]
    AK:  Yes. Um, the interrogation process was very long and difficult. Arriving in the police office, I didn’t expect to be interrogated at all. When I got there, I was sitting on my own doing my homework, when a couple of police officers came to sit with me. They began to ask me the same questions that they had been asking me days…all these days ever since it happened. For instance, who could I imagine could be the person who killed Meredith, and I said I still didn’t know, and so what they did is, they brought me into another interrogation room. Once I was in there, they asked me to repeat everything that I had said before, for instance what I did that night. They asked me to see my phone, which I gave to them, and they were looking through my phone, which is when they found the message. When they found the message, they asked me if I had sent a message back, which I didn’t remember doing. That’s when they started being very hard with me. They called me a stupid liar, and they said that I was trying to protect someone. [Sigh] So I was there, and they told me that I was trying to protect someone, but I wasn’t trying to protect anyone, and so I didn’t know how to respond to them. They said that I had left Raffaele’s house, which wasn’t true, which I denied, but they continued to call me a stupid liar. They were putting this telephone in front of my face going “Look, look, your message, you were going to meet someone”. And when I denied that, they continued to call me a stupid liar. And then, from that point on, I was very very scared, because they were treating me so badly and I didn’t understand why. [Sigh] While I was there, there was an interpreter who explained to me an experience of hers, where she had gone through a traumatic experience that she could not remember at all, and she suggested that I was traumatized, and that I couldn’t remember the truth. This at first seemed ridiculous to me, because I remembered being at Raffaele’s house. For sure. I remembered doing things at Raffaele’s house. I checked my e-mails before, then we watched a movie. We had eaten dinner together, we had talked together, and during that time I hadn’t left his apartment. But they were insisting upon putting everything into hourly segments, and since I never look at the clock, I wasn’t able to tell them what time exactly I did everything. They insisted that I had left the apartment for a certain period of time to meet somebody, which for me I didn’t remember, but the interpreter said I probably had forgotten. [Sigh]...
    AK:  So what ended up happening was, that they told me to try to remember what I apparently, according to them, had forgotten. Under the amount of pressure of everyone yelling at me, and having them tell me that they were going to put me in prison for protecting somebody, that I wasn’t protecting, that I couldn’t remember, I tried to imagine that in some way they must have had…it was very difficult, because when I was there, at a certain point, I just…I couldn’t understand [Start of 15:19 minute video segment] why they were so sure that I was the one who knew everything. And so, in my confusion, I started to imagine that maybe I was traumatized, like what they said. They continued to say that I had met somebody, and they continued to put so much emphasis on this message that I had received from Patrick, and so I almost was convinced that I had met him. But I was confused.
    CP:  But—did you really meet him at the basketball court?
    AK:  No.
    CP:  Then how could you be convinced that you had met him?
    AK:  I was confused.
    CP:  When you said this, how many police inspectors were present?
    AK:  I don’t know how many were police officers or inspectors, but there were lots.
    CP:  Listen, but you were accompanied to the bar, they offered you a cappuccino over the night? They assisted you through the night?
    AK:  I was offered tea after I had made declarations.
    CP:  So they treated you well.
    AK:  No!

    On November 6, 2007, at 1:45, you said that you went to the house in via della Pergola with Patrick. Did you go?
    AK:  The declarations were taken against my will. And so, everything that I said, was said in confusion and under pressure, and, because they were suggested by the public minister.
    CP:  Excuse me, but at 1:45, the pubblico ministero was not there, there was only the judicial police.
    AK:  Ha. They also were pressuring me.
    CP:  I understand, but were they telling you to say that, too, or did you say it of your own free will.
    AK:  They were suggesting paths of thought. They were suggesting the path of thought. They suggested the journey. So the first thing I said, “Okay, Patrick”. And then they said “Okay, where did you meet him? Did you meet him at your house? Did you meet him near your house?” “Euh, near my house, I don’t know.” Then my memories got mixed up. From other days, I remembered having met Patrick, at Piazza Grimana, so I said “Okay, Piazza Grimana.” It wasn’t as if I said “Oh, this is how it went.”

    GCM:  Please go ahead, avvocato.
    CP: —which is the object of both declarations, the one at 1:45 and the one at 5:45. [Crossing voices.]
    GCM:  It was about facts, though?
    CP:  All right, I’ll reformulate the question. Meredith, before she was killed, did she have sex?
    AK:  I don’t know.
    CP:  Then why, in the interrogation of Nov 6 at 1:45, did you say that Meredith had sex before she died?
    AK:  Under pressure, I imagined lots of different things, also because during the days that I was being questioned by the police, they suggested to me that she had been raped.
    CP:  And the police suggested to you to say this?
    AK:  Yes.
    CP:  And to make you say this, did they hit you?
    AK:  Yes.

    CP:  When you wrote the memorandum, were you hit by police?
    AK:  When?
    CP:  When you wrote the memorandum. Were you hit by police?
    AK:  No.
    CP:  Mistreated?
    AK:  No.
    CP:  Did the police suggest the contents?
    AK:  No.
    CP:  You gave it to them freely?
    AK:  Yes.
    CP:  Voluntarily?
    AK:  Yes.
    CP:  Listen, in this memorandum, you say that you confirm the declarations you made the night before about what might have happened at your house with Patrick. Why did you freely and spontaneously confirm these declarations?
    AK:  Because I was no longer sure what was my imagination and what was real. So I wanted to say that I was confused, and that I couldn’t know. But at the same time, I knew I had signed those declarations. So I wanted to say that I knew I had made those declarations, but I was confused and not sure.
    CP:  But in fact, you were sure that Patrick was innocent?
    AK:  No, I wasn’t sure.
    CP:  Why?
    AK:  Because I was confused! I imagined that it might have happened. I was confused.

    CP:  Did you see Patrick on November 1, yes or no?
    AK:  No.
    CP:  Did you meet him?
    AK:  No.
    CP:  Then why did you say that you saw him, met him, and walked home with him?
    AK:  Because the police and the interpreter told me that maybe I just wasn’t remembering these things, but I had to try to remember. It didn’t matter if I thought I was imagining it. I would remember it with time. So, the fact that I actually remembered something else was confusing to me. Because I remembered one thing, but under the pressure of the police, I forced myself to imagine another. I was confused. I was trying to explain this confusion, because they were making me accuse someone I didn’t want to accuse.

    Relevant Questions By Knox Lawyer Ghirga

    CP:  I’ll repeat my question. On the 10th, you said to your mother: “It’s my fault that he’s here. I feel terrible.” Why didn’t you say this to the pubblico ministero?
    LG?:  I object! He’s already asked this question. And it was answered.
    GCM:  Yes. It was already asked.
    CP:  Yes, but she hasn’t answered!
    LG?:  Yes, she HAS answered!
    CP:  Can she answer? I didn’t understand.
    GCM:  Excuse me, excuse me. Please.
    CP:  I didn’t understand her answer, President. Can you explain?
    GCM:  So, the question was asked and has been asked again because—
    CP:  [speaking over him] Because I didn’t understand the answer!
    GCM: —the defense lawyer has not understood why—in what regards the police, the accused has said that when they came to bring her paper, they said “Oh, another truth,” so her relations with them were such that she did not feel that she could tell them this circumstance. It remains to ask why she did not tell the pubblico ministero. This is what the lawyer is asking. For what concerns the police, we have heard her position and her answer. We’re talking about the period after the 10th of November, when this conversation with the mother was recorded. In what concerns the pubblico ministero, the lawyer is asking you why you didn’t feel the necessity, like with your mother, of telling him that Patrick Lumumba, as far as you were concerned, had nothing to do with all this.
    AK:  We are talking about when I was in front of the judge?
    GCM:  After the 10th of November.
    AK:  Frankly, I didn’t have good relations with the police after that period, nor with the pubblico ministero, because he also had suggested declarations that got written down in the declarations. I didn’t know where to turn. I felt better talking to my defense than to the police.

    LG:  All right, I’ve exhausted this topic. Now, I said we were just coming to the evening when you were called in, or rather when Raffaele was called in to the Questura on Nov 5. Where did you come from? Were you having dinner somewhere? Do you remember?
    AK:  We were at the apartment of a friend of his, who lived near his house, and we were having dinner with them, trying, I don’t know, to feel a bit of normality, when Raffaele was called by the police.
    LG:  Okay. So you went with him in the car, and you came in and they settled you somewhere, and later you were heard.
    AK:  Yes. What happened is that they weren’t expecting me to come. I went somewhere a bit outside near the elevator, and I had taken my homework with me, so I started to do my homework, and then I needed to do some “stretching”, so I did some “stretching”, and that’s when one policeman said something about my flexibility. A comment.
    LG:  Okay. Then you were interrogated, let’s say interrogated, it was just for information. So you were interrogated.
    AK:  Mm.
    LG:  During the interrogation, there were several people in the room, did someone come who was involved in Raffaele Sollecito’s interrogation? He was being interrogated in one place, you in another.
    AK:  So, there were lots and lots of people who came in and went out, and after one had come in and gone out, another policewoman told me that Raffaele said that I went out of the apartment—at least, Raffaele apparently said that I [stammering] had gone out of his house.
    LG:  Okay. And the episode of the text message came later? After this person came in and said that? You don’t remember?
    AK:  Yes, yes. I think it happened after they told me that.
    LG:  Now what interests me is that you should be precise about the term “hit”, because being hit is something…was it a cuff on the head, two cuffs on the head? How precise can you be about this “hitting”?
    AK:  So, during the interrogation, people were standing all around me, in front of me, behind me, one person was screaming at me from here, another person was shouting “No no no, maybe you just don’t remember” from over there, other people were yelling other things, and a policewoman behind me did this to me [you hear the sound of her giving two very little whacks].
    LG:  Once, twice?
    AK:  Twice. The first time I did this, I turned around to her, and she did it again.
    LG:  I wanted to know this precise detail.
    AK:  Yes.
    LG:  After all that, that whole conversation, that you told us about, and you had a crying crisis, did they bring you some tea, coffee, some cakes, something? When was that exactly?
    AK:  They brought me things only after I had made some declarations. So, I was there, they were all screaming at me, I only wanted to leave because I was thinking that my mother was arriving, and I said look, can I have my telephone, because I want to call my mom. They said no, and there was this big mess with them shouting at me, threatening me, and it was only after I made declarations that they started saying “No, no, don’t worry, we’ll protect you,” and that’s how it happened.
    LG:  Then you stayed in the Questura?
    AK:  Yes.
    LG:  Then, at midday, or one o’clock, we don’t know exactly, they brought you a paper called an arrest warrant. When they served you this warrant, it must have been around twelve, one o’clock. Do you remember?
    AK:  So, all papers they brought me to sign, at that point, they were all the same to me, so I can’t even say what I had to sign, arrest warrant, declarations, whatever, because at a certain point, I just wanted to sign and go home.
    LG:  Right. But instead?
    AK:  Instead, no. After a while they told me I had to stay in the Questura, so I had to stay, and I rolled up in a fetal position to try to sleep, on a chair, and I fell asleep, then I woke up, and I was there thinking and some people were going in and out, and during this period of time, I was telling them: “Look, I am really confused, these things don’t seem like what I remember, I remember something else.” And they said “No no no no no, you just stay quiet, you will remember it all later. So just stay quiet and wait, wait, wait, because we have to check some things.” And at that point I just didn’t understand anything. I even lost my sense of time.
    LG:  And I wanted to ask you after how long they took you to prison. At some point there was a car, a police wagon that took you to prison. After how much time was that? You don’t know?
    AK:  Well, I can’t say, but what I can say is that I stayed a while in the Questura, and during that time I kept trying to explain to the police that what I had said was not certain, and they took my shoes during that time and they took some pictures, they undressed me to take the pictures, and so it seemed like a long time.
    LG:  So it was between this time and the time you went to prison that you wrote the memorial?
    AK:  Yes. I wrote it there because, I asked to do it because I was telling them “Listen, you’re not hearing me, give me a piece of paper, and I’ll write this down in English to be sure you understand what I’m saying.” But I couldn’t really say that. I just said “Look, I’ll give you a present.” [Laughs.] It was because I wasn’t really able to speak or understand then. So I wrote that, but after I wrote the first pages, I was in the middle of writing this memorandum, they suddenly said “Hurry up, hurry up, finish because we have to take you to prison.” I stayed there like…I didn’t expect to go to prison, I thought maybe I hadn’t understood. I asked the policemen, the people who were around me, there, “But Why? I haven’t done anything.” And they said “No, it’s just bureaucracy. At least that’s what I understood.
    LG:  All right Amanda, okay. Thank you. So you went to prison and spent the night. When did you write the second memorial?
    AK:  So in prison I again asked for paper, because that’s how I’m used to expressing myself, the way I succeed best, also to organize my thoughts, I needed to write them down. I needed to reorganize all my thoughts, because at that point I was still confused, I still had these images in my memory that finally I understood were a mixture of real images in my memory from other days mixed with imagination. So I needed those pieces of paper, so I could take everything and put it in order.
    LG:  All right, I’ve finished the subject of the night in the Questura. When you made your first declaration, it was without the pubblico ministero. Then he came. Can you tell us if there was some discussion about a lawyer? If you remember, and whatever you remember.
    AK:  So, before they asked me to make further declarations—I really can’t tell you what time it was, I was lost after hours and hours of the same thing—but at one point I asked if I shouldn’t have a lawyer? I thought that, well, I didn’t know, but I’ve seen things like this on television. When people do things like this they have lawyer. They told me, at least one of them told me that it would be worse for me because it would prove that I didn’t want to collaborate with the police. So they told me no.

    Amanda Knox’s first letter of Nov 9, 2007

    This letter was entered in testimony by Knox’s lawyers on the first day. It was written by Knox to her lawyers around noon on Friday, Nov., 9, three days after her arrest and one day after the Matteini Hearing. Words that are missing from the scan are shown in square brackets.

    Presumably intended to help Knox, it has now become part of her problem.

    Per I Miei Avvocati

    - Amanda Knox (Friday, Nov. 9, 2007)

    Buon giorno Signore Ghirga e Signore Vedova. I’m sorry, but I must write in english to make sure I express myself [cl]early. Please excuse my handicap. I trust you are well, though probably very busy with my case and for this I thank you. What [I] want to provide for you now is help, because I know my position [is] a little confusing. I want to write for you everything I know as best I can and I especially want to tell you about this so-called “confession” that the police received from me. I want to begin with this “confession” because I know it is the most confusing, and so I will begin with that night.

    The night of Monday, November 5th, 2007, and the following early morning of Tuesday, November 6th, 2007, was one of the worst experiences of my life, perhaps the worst. Around 10:30pm or 11pm Raffaele and I arrived at the police station after eating dinner at the apartment of one of Raffaele’s friends. It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times. When we arrived he was taken inside and I waited by the elevator and looked through my books while I waited. Not long aftwerward one of the police came and sat by me, wanting to talk with me, supposedly to pass the time. He didn’t tell me he was a police officer. In fact, he said I could tell him whatever I wanted because it wouldn’t matter. At the time I was frustrated and told him so. I thought it was ridiculaous that the police called us in at ridiculous hours of the night and kept us at the police station for hours on end with only vending maschine [sic] food to sustain us, especially since we [wer]e all doing our best to help the police. I had been asked twice to reenter the home of my neighbors and mine, first to witness the blood in the neighbors’ apartment and then to look through [k]nives in mine. I really feared the place. Inside my own home I broke down crying because I couldn’t stand to be inside. These were the reasons for my frustration and I told him so.

    He then wanted to discuss who I thought the murderer could be, but as I had already told them before, since I wasn’t there at my home, I couldn’t have any idea, but [deleted words] he wasn’t satisfied with my answer. Who did I think it was? How would I know? I didn’t know anyone dangerous. Soon I was joined by other police people who only wanted to “talk” but who interrogated me again with the same questions. What males had ever been in my house? Who knew Meredith? Did I have any phone numbers? I gave them all the information I could. Names, phone numbers, descriptions. But it was all giving me a headache. I had already answered these questions before and I was confused as to why the police wanted so much to talk to me. Why me? Why did they keep asking me who I thought the murderer was when I already told them I had no idea?

    And then they brought me inside, because it was “warmer”. I [asked] where Raffaele was and they told me he would be done soon [but] in the meantime they wanted to talk to me. The interrogation process started rather quickley [sic]. One minute I was just [tal?]king and the next they were asking me where I was between [?]:30pm and 1:30am between November [1st] and 2nd. I told them I was with my boyfriend, like I had already said. They asked me what I had done during this time period and I found that I couldn’t remember a lot. I told them [we] watched the movie Amelie together, that we ate dinner [tog]ether, that after dinner Raffaele washed the dishes and spilled water on the floor when the pipes came loose. I told them that [we] smoked hash somewhere in that time but I couldn’t remember [mo]re. They told me I was lying. They told me they knew I had [not] been with Raffaele. They told me they knew I met someone that night. They told me they had proof I was at my house that night. This really confused me. I told them I wasn’t lying and [the]y began to get angry. Stop telling lies, they told me. We know [you] were there! But this didn’t make sense. I was frightened, because I couldn’t for the life of me remember what I did during the time [the]y were asking me. What were you doing?! Where did you go?! We [kno]w you were at your house!! Who did you meet?! But this all [did]n’t make any sense. How could they have proof that I was at my [hou]se when I wasn’t? Why did they think these things? Why me? They told me Raffaele had finally told the truth and that he had no [rea]son to lie. They told me that they knew I had told Raffaele to [lie?] and I told them this wasn’t true. I had never told him any [suc]h thing. We talked about the message I received from Patrik [and] I told them yes, I received a message from Patrik, he told me [not] to go into work that night because there was no one there. I [did]n’t remember if I had sent a message back, so I said no, but they [had] taken my phone and showed me the message I forgot I sent: [ending?] with the words, “Ci vediamo. Buona serata.” They called me a [stu]pid lier. They said I was protecting someone, who was it?! [The]y stuck pieces of paper in front of me, to write down the name [of] the murder, but I didn’t know. And I still couldn’t remember [wha]t me and Raffaele had been doing at his house. I had nothing to [say?] to answer their questions and it was terrifying me. Why couldn’t [I r]emember. The interpretor told me that one time she experienced [a ho]rrible car accident and couldn’t remember what had happened [unt]il a year later. She told me perhaps I had seen something [horr]ible and I couldn’t remember. Since I couldn’t remember [wha]t I had been doing at Raffaele’s house I started to think what [...?] was true? What if I had seen something and I didn’t [rem]ember? But it didn’t make sense. I remembered being [at] Raffaele’s the whole night. But in the meantime the police were [...?] or they were going to put me in jail for [...?] [p]rotecting the killer. They told me they had already caught the killer [a]nd they just wanted me to say his name, but I knew nothing. My [m]ind was a blank slate. Now, now, now!!! They were yelling at me. One [p]olice officer hit me on the back of my head twice. My head was [s]earching for any answer. I was really confused. I thought I was at my boyfriend’s house, but what if it wasn’t true? What if I couldn’t remember? I tried and tried and tried, but I couldn’t remember anything until all of the police officers left the room except one. He [to]ld me he was the only one who could save me from spending the [n]ext 30 years in jail and I told him I couldn’t remember. I asked to see the message on my phone to see if I remembered sending that [an]d when I saw the message my mind thought of Patrik. It was all I could think of, Patrik. I imagined meeting him by the basketball [cou]rts, I imagined him in front of my house, I imagined covering my ears to stop the sound of Meredith’s screaming, and so I said [Pa]trik. I said Patrik and I regret every second of it because now I [k]now that what I have said has done someone harm that I have no idea whether he was involved or not.

    After I said his name I was hysterical. I was weeping, [s]cared of what could have happened to me. I honestly thought [t]his could have been the answer. I was so confused. They told me that they had to write all of this down but I told them I wasn’t [s]ure. So they told me just to say what I had said, that I had seen [Pat]rik. That I had heard Meredith screaming. I told them I was [c]onfused, unsure, but they weren’t interested. While they were writing my so-called “confession”, which the didn’t call it [t]o me, they asked me to say if it was okay to write certain things. I [d]dn’t explain, but just said yes or no according to what these [im]ages of Patrik were showing me, but I always told them I wasn’t [su]re, these things didn’t seem real. They asked me why he had done [thi]s and I didn’t know why. Why would anyone kill another person? [I] told them he must be crazy. They asked me if I feared him and I [sa]id yes. I was so confused and the idea that he would kill someone [fr]ightened me. But I had never been frightened of him before, he has [al]ways been kind to me. After all of this I was allowed to sleep, [fi]nally. The whole thing was going through my head and I felt [aw]ful, to even think I could have been involved. But the more [confu]sed I became, the more sure I was that these ideas about Patrik [w]eren’t true, but I still couldn’t remember what I had been [do]ing at my boyfriend’s house after dinner.

    I seriously started to doubt when the police told me what my boyfriend had said. (1) First, that when I received the message from [Pat]rik, that I had told him I had to leave to go to work. This I [k]new, even then, wasn’t true. I remembered and still do specifically [th]at I had told him I _didn’t_ have to work and I kissed him and [...]

    [...] said, “Yay!” (2) I also never told him to lie for me. Why would he lie? Could he have lied about me not being there too? I was especially troubled by this because even though I had thought of Patrik, I still remembered being at Raffaele’s house. I told the police of my doubts but they said not to worry, little by little, I would remember. So I waited.

    I tried writing what I could remember for the police, because I’ve always been better at thinking when I was writing. They gave me time to do this. In this message I wrote about my doubts, my questions, and what I knew to be true.

    [Deleted words] During this time I was checked out by medics [and?] had my picture taken as well as more copies of my fingerprints. They took my shoes and my phone. I wanted to go home but they told me to wait and then eventually that I was to be arrested. Then I was taken here, to the prison, in the last car of three who carried Patrik, then Raffaele, and then me to prison.

    I hope this clears up some confusion for you and I’m sorry again that it is in English. I hope you are in contact with my mother and if you are, could you please tell her I love her, that I miss her, that I’m okay, and that I hope to see her soon.

    I also just received the order of arrest and it says I must remain here in prison for one year. I’m assuming this means only if they can prove I did it or not. So I’m not sad, I just have to wait until they prove I’m not guilty, and that I wasn’t there.

    I want to write another message for you which describes my version of events that at this time I remember very well. This I will do on a different piece of paper and a little later because I’m very tired.

    Good luck and thanks,
    Amanda Knox
    quasi mezzogiorno
    Venerdi, Novembre 9, 2007


    Part 2 (Day Two) in our next post.


    Friday, June 26, 2015

    What No-Show Amanda Knox SHOULD Have Emailed Judge Nencini As Truthful Testimony in December 2013

    Posted by Chimera



    As the real thing really didnt work any better for Knox…


    As is well known, Amanda Knox refused to attend her own appeal in Florence in 2013/2014.

    This was a defence appeal by Knox herself and Sollecito against the 2009 conviction by Judge Giancarlo Massei’s trial court.  It was not a new trial, or a retrial, or even a prosecution appeal. It was an appeal DEMANDED by Knox and Sollecito.

    While Knox refused to attend, she did send a long, rambling email to Lead Judge Nencini.  Judge Nencini tartly read out the email in court, and remarked that she could have delivered this in person and answered questions if she wanted it credibly on the record - after all, Sollecito was sitting right there and not scared out of his wits.

    Kudos to fellow main posters Finn MacCool and SeekingUnderstanding for their original and well done posts on this ‘‘submission’‘

    With a bit of fact checking, Knox’s email could have looked to the court and the media more like this.  Enjoy.

    Court of Appeals of Florence section II Assise Proc. Pen, 11113

    Letter sent to attorneys Carlo Dalla Vedova and Luciano Ghirga via email Seattle, 15 December 2013

    Attn: Honorable Court of Appeals of Florence

    1. I have no doubt that my lawyers have explained and demonstrated the important facts of this case that prove my innocence and discredit the unjustified accusations of the prosecution and civil parties. I seek not to supplant their work; rather, even though I am not present to take part in this current phase of the judicial process, I feel compelled to share my own perspective as a six—year-long defendant and causation of Meredith’s injustice.

    2. The Court has access to my previous declarations, and please disregard that whole ‘‘aggravated calunnia’’ in which Cassation says i framed Patrick to divert attention, or that pending calunnia charge claiming I falsely accused the police to sabotage the court proceedings.  I trust you will not be blinded by these things to come to this verdict.  I must repeat: I am innocent.  Because repeating it will help dissuade you from studying my lies too carefully.

    3. According to my lawyers: I am not a murderer, I am not a rapist, I am not a thief or a plotter or an instigator, at least not until Cassation signs off on it. I did not kill Meredith or take part in her murder or have any prior or special knowledge of what occurred that night, (other than screaming, slit throat, and that the body was moved). I was not there for part of the time, and had nothing to do with it.

    4. I am not present in the courtroom because I am afraid. Frederico Martini is probably still pissed that I gave him up; the court and jail officials don’t like my book; and I think there is still an open warrant on me for calunnia.  Also, without any employment or housing references, staying here may be tricky.  I have faith in your judgement, but am worried you are so poor a judge you will be blinded my the Prosecution’s vehemence.  I remember Judge Micheli: he was the wise Judge who found Guede guilty; he was the idiot Judge who ordered Raffaele and I to stand trial as accomplices.

    5. My life being on the line, at least until I get parole, and having with others already suffered too much, I’ve rehearsed this story and attentively followed this process and gleaned the following facts that have emerged from the development of this case that I beg you not to dismiss when making your judgement:

    6. No physical evidence places me in Meredith ‘s bedroom, the scene of the crime, because I define only that as the crime scene.  My DNA mixed with Meredith’s was in the bathroom and Filomena’s room, not Meredith’s.  Those bloody footprints cleaned away were in the hallway, not Meredith’s room.  Raffaele had one knife, and this other was at his flat, neither of which is Meredith’s room.  My lamp on Meredith’s floor had no fingerprints on it, and does not implicate me.  That DNA on Merdith’s bra, and bloody footprint on the bathmat only implicates my alibi witness (who refuses to be questioned), not me.  Those false alibis, false accusations, details I know about the crime, and phone records are not physical evidence, and did not happen in Meredith’s bedroom. Those ‘‘eyewitnesses’’ the Prosecution produced are not forensic evidence, and do not place me in Meredith’s room.

    7. Meredith’s murderer left ample evidence of his presence in the brutal scenario, we made sure of that.  Heck, the police couldn’t even find my fingerprints in my own bedroom.

    8. No evidence places me in the same brutal scenario, again, which I restrict to Meredith’s bedroom, and only actual physical evidence.  The prosecution has failed to explain how—with these restrictions—I could have participated in the aggression and murder—to have been the one to fatally wound Meredith—without leaving any genetic trace of myself. Just because i spend a lot of time talking about it, and am a C.S.I. fan, doesn’t mean I know how to remove evidence.  That is because it is impossible. It is impossible to identify and destroy all genetic traces of myself in a crime scene and retain all genetic traces of another individual, or so C.S.I. has taught me. Either I was there, or I wasn’t. My analysis of the crime scene answers this question: I wasn’t there.

    9. My interrogation was illegal and produced a false “confession” that demonstrated my non-knowledge of the crime- The subsequent memoriali, for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false “confession.” Yes, I wrote out a false ‘‘confession’’ that accuses someone else.  Just as I testified to the prosecutor in prison and to my family members in prison when our conversations were being recorded without my knowledge. Dammit, give me some privacy.

    10. My behavior after the discovery of the murder indicates my innocence, if you think creatively enough. I did not flee Italy when I had the chance, because (in my November 4th email), the police wouldn’t let me leave.  I stayed in Perugia and was at the police’s beck and call trying to think of answers for over 50 hours in four days, convinced that I could help them find the murderer, or at least someone who was ‘‘close enough’‘.  I never thought or imagined that repeatedly changing my story would fuel their suspicions. I did not hide myself or my feelings: when I needed sex, Rafael ‘‘embraced’’ me; when I was scared of being exposed, I cried; when I was angry that it wasn’t working, I swore and made insensitive remarks; when I was shocked, I paced or sat in silence, at least until I could find a new ‘‘best truth’‘; when I was trying to help, I evaded questions, consoled Meredith’s friends, especially her male friends, and tried to keep a positive attitude that this would blow over.

    11. Upon entering the questura I had no understanding of my legal position, accompanying Raffaele to a witness summary session which I was not invited to. 20—years old and alone in a foreign country, I was, legally speaking, innocent and never expected to be suspected and subjugated to torture, and I wasn’t. I was told I was a witness, then after I placed myself at the crime scene I was told I was a suspect. I was questioned for a prolonged period in the middle of the night and in Italian, a language I barely knew, and that questioning includes the time I was sleeping or getting tea.  I denied legal counsel- still The Court of Cassation deemed the interrogation and the statements produced from it was inadmissible. In my memoir, WTBH; I was lied to, yelled at, threatened, slapped twice on the back of the head. I told myself I had witnessed the murder and was suffering from amnesia. I told myself that if I didn’t succeed in ‘‘remembering’’ what happened to Meredith that night, I would never see my family again. I browbeat myself into confusion and despair, to sell to the media at a later date. When you berate, intimidate, lie to, threaten, confuse, and coerce someone in believing they are wrong, you are not going to find the truth, but again, that is not what happened here.

    12. The police used tea and kindness to coerce me into signing a false “confession” that was without sense and should never have been considered a legitimate investigative lead. In this fragmentary and confused statement the police identified Patrick Lumumba as the murderer because we had exchanged text messages, the meaning of which I let the police wrongfully interpret (‘Civediamo piu tardi. Buona serata’). The statement lacked a clear sequence of events, corroboration with any physical evidence, and fundamental information like: how and why the murder took place, if anyone else was present or involved, what happened afterward—it supplied partial, contradictory information and as the investigators would discover a little later, when Patrick Lumumba’s defense lawyer produced proof of him incontestable alibi, it was obviously inaccurate and unreliable.  After over 50 hours of rehearsing the questioning over four days, I was mentally exhausted and I was confused.

    13. This coerced and illegitimate statement, which I dreamed up, was used by the police to arrest and detain a clearly innocent man with an iron-clad alibi with whom I had a friendly professional relationship, (at least until I destroyed his life). This coerced and illegitimate statement was used to convict me of slander.  Judge Hellmann saw that this statement was coerced, and threw out my calunnia conviction .... I mean he increased the sentence .... never mind.The prosecution and civil parties are accusing and blaming me, a result of their own overreaching.

    14. Experience, case studies, and the law recognize that one may be coerced into giving a false"confession” because of torture.  I’m not sure why this applies to my case, but damn, it sure sounds impressive.

    15. This is a universal problem. According to the National Registry of Exoneration, in the United States 78% of wrongful murder convictions that are eventually overturned because of exonerating forensic evidence involved false “confessions.” Almost 8 in 10 wrongfully convicted persons were coerced by police into implicating themselves and others in murder. I am not alone: Susan Smith and Casey Anthony ‘‘falsely confessed’’ that other people did it too.  And exonerating forensic evidence is often as simple as no trace of the wrongfully convicted person at the scene of the crime, but rather the genetic and forensic traces of a different guilty party—just like every piece of forensic evidence identifies not me, but Rudy Guide.

    16. In the brief time Meredith and I were roommates and friends we never fought.  Roommates, not friends.

    17. Meredith was my friend, not that I was her friend. She was kind to me, helpful, generous, fun, and in retrospect, I should have been more of the same.  She never criticized me. She never gave me so much as a dirty look, even as I left the place a mess, and even when I flirted with her boyfriend, or she took my job at the bar.

    18. But the prosecution claims that a rift was created between Meredith and I because of cleanliness. This is a distortion of the facts. Please refer to the testimonies of my housemaster and Meredith’s British friends. None of them ever witnessed or heard about Meredith and I fighting, arguing, disliking each other. None of them ever claimed Meredith was a confrontational clean-freak, or I a confrontational slob. Laura Masotho testified that both Meredith and I only occasionally cleaned, whereas she and Filament Romanal were more concerned with cleanliness. Meredith’s British friends testified that Meredith had once told them that she felt a little uncomfortable about finding the right words to kindly talk tome, her new roommate, about cleanliness in the bathroom we shared. The prosecution would have you believe this is motivation for murder. But this is a terrifying distortion of the facts, as proving motive it not necessary—anywhere.

    19. I did not carry around Rafael’s kitchen knife.  That’s what men are for, to do the lifting for me.

    20. This claim by the prosecution, crucial to their theory, is uncorroborated by any physical evidence or witness testimony. I didn’t fear the streets of Perugia and didn’t need to carry around with me a large, cumbersome weapon which would have ripped my cloth book bag to shreds. My book bag showed no signs of having carried a bloody weapon. The claim that he would have insisted I carry a large chef’s knife is not just senseless, but a disturbing indication of how willing the prosecution is to defy objectivity and reason in order to sustain a mistaken and disproven theory.  Yes, i can positively disprove a theory I know nothing about.

    21. It is yet another piece of invented “evidence”, another circumstance of theory fabricated to order, because having discovered nothing else, the prosecution could only invent: phone records, false alibis, false statements, false accusations.

    22. I had no Contact with Rudy Guide, even though I mention in my book having seen him twice, and a third time in the next paragraph.

    23. Like many youth in Perugia, I had once crossed paths with Rudy Guide. He played basketball with the young men who lived in the apartment below us. Meredith and I had been introduced to him together. Perhaps I had seen him amongst the swarms of students who crowded the Perugian streets and pubs in the evenings, but that was it. We didn’t have each other’s phone number, we didn’t meet in private, we weren’t acquaintances. I never bought drugs from Rudy Guide or anyone else. I was having sex with Federico for drugs, which isn’t the same thing.  The phone records show no connection. There are no witnesses who place us together, except my statement here. The prosecution claims I convinced Rudy Guide to commit rape and murder, completely ignoring the fact that we didn’t even speak the same language. He has lived in Perguia for 15 years, and I am a student of Italian. Once again, the prosecution is relying upon a disturbing and unacceptable pattern of distortion of the objective evidence.

    24. I am not a psychopath.  That evaluation in 2008 was unfair, as I didn’t get a chance to prepare my spontaneous answers.

    25. There is no short list to the malicious and unfounded slanders I have enjoyed over the course of this legal process. In trial, in the media I have been called no less than:

    “Conniving; manipulating; man—eater; narcissist; enchantress; duplicitous; adulterer; drug addict; an explosive mix of drugs, sex, and alcohol; dirty; witch; murderer; slanderer; demon; depraved; imposter; promiscuous; succubus; evil; dead inside; pervert; dissolute; a wolf in sheep’s clothing; rapist; thief; reeking of sex; Judas; she-devil;

    26. I have never demonstrated anti-social, aggressive, violent, or behavior. Throwing rocks at cars, writing rape stories, and staging break ins are not violent or anti-social.  I am not addicted to sex or drugs.  In fact, Federico Martini hasn’t given me any since I was arrested.  Upon my arrest I was tested for drugs and the results were negative. I am not a split-personality One does not adopt behavior spontaneously.

    27. This is a fantasy. This is uncorroborated by any objective evidence or testimony. The prosecution and civil parties created and pursued this character assassination because they have nothing else to show you. They have neither proof, nor logic, nor the facts on their side. They only have their ‘‘evidence’’ against me, and my personal opinions about them. They want you to think I’m a monster because I am telling you they think I am a monster.  it is easy to condemn a monster. It is easy to dismiss a monster’s defense as deception. But the prosecution and civil parties think I’m both severely mistaken and wrong. I have condemned them without proof of wrongdoing, and I seek to convince you to condemn them without proof of wrongdoing.

    28. If the prosecution truly had a case against me, there would be no need for these theatrics. Never mind that this is my own appeal, and I ‘‘should’’ be demonstrating why the 2009 trial verdict is unjust.  If I had a case, there would be no need for smoke and mirrors to distract you from the mountains of physical evidence against me. But because this evidence exists that proves my guilt, I would seek to deceive you with these impassioned, but completely inaccurate and unjustified pronouncements. Because I am not a murderer (yet), I would seek to mislead you into convicting me by charging your emotions, by painting me as an innocent until proven guilty, but not as a monster.

    29. The prosecution and civil parties are committing injustices against the Kerchers because they cannot bring themselves to admit, even to themselves, that they’ve made a terrible mistake, namely, that the murder was premeditated. Again, it is my own appeal, but they are persecuting me.

    30. The Court has seen that the prosecution and civil parties will not hear criticism of their mistakes, by people who won’t attend their appeal.

    31. The Court has seen that the prosecution jumped to conclusions at the very start of their investigation: they interrogated and arrested innocent people and claimed “Case Closed"before any evidence could be analyzed, before bothering to check alibis.  As proof of this, they called Raffaele to the police station (at his leisure), to clear up discrepencies in his alibi.  Then when he claimed I lied, Rita Ficarra then asked me for an explanation.  Those brutes!  Then they hauled in Patrick just because in ‘‘confessed’’ several times that he did it.

    32. The prosecutor and investigators were under tremendous pressure to solve the mystery of what happened to Meredith as soon as possible. The local and International media was breathing down the necks of these detectives. Their reputations and careers were to be made or broken. In spite of that, they still saw my mistakes. Under pressure, they admitted to as few mistakes as possible and committed themselves to a theory founded upon disproving my mistakes.

    33. Had they not jumped to conclusions based on nothing but Raffaele’s changing alibi and my false accusations, they would have discovered definitive and undeniable evidence of not Patrick Lumumba, but of Rudy Guede, Raffaele Sollecito, and Amanda Knox. We would not be here over six years later debating clues my lawyers claim are inconclusive and unreliable.  Had we plead guilty we would have been spared the cost, anguish and suffering, not only of Raffaele’s and my family, but especially of Meredith’s family as well.

    34. My accusations are unworthy of judicial or public confidence. In over six years I have failed to provide a consistent, evidence-driven, corroborated theory of the crime, but would nevertheless argue that you should not take my life away. I beg you to see through the ‘‘facts’’ and ‘‘reason’’ of what I say. I am innocent. Raffaele is innocent. Meredith and her family deserve the ‘‘truth’‘. Please put an end to this great and prolonged injustice for them.

    in faith,

    Amanda Marie Knox

     


    Sunday, May 17, 2015

    “What It Feels Like To Be Wrongly Accused” Could This Be Your First Draft, Amanda Knox?

    Posted by Chimera



    Above: someone who unequivocally WAS wrongly accused - and still has seen no justice

    What finally was published. You may decide if this was a scrapped first draft, with due caution!

    I wanted to get it all out now, so I don’t have to keep explaining it a a hundred times, like I have been on CNN, ABC, NBC, Daybreak, or my memoir, or anyone else who would listen.

    I have this dream in my head that when you accuse someone of a horrific act they didn’t do, they inevitably experience shock, disorientation, confusion.  They will likely get their name and photo in the paper, and forever be associated with a vile deed.  The emotional scars will remain, and their families and friends will abandon them or at least lose trust.  However, they did not suffer nearly as bad as you have, as some trauma, such as being slapped in the head, broke you down emotionally.

    In all honesty, I know this is as strange to me as it is to everyone else.  Since most people don’t angrily deny false accusations, they just let the pressure squeeze their temples, and they let it become hard to concentrate.  But they are clearly acting suspiciously, if they don’t remember a fact correctly.  But even when they are locked up for that vicious crime, it has to be considered that they are still trying to help the police.

    Truthfully, when you falsely accuse someone of murder, police strangely wonder why you did not bring this knowledge up before.  You try to keep a straight face, but there is tension in your right eyebrow, and below your right nostril and sometimes triggers you to twitch uncontrollably, making you self conscious about looking people in the face.  There’s a pinpoint knot that spasms between your heart making it hard to sit still, as your lies are crumbling around you.

    But the truth is, this is still much easier than being outside a murder room with your hands over your ears, while your ‘‘friend’’ is being murdered.  After all, it could have been you.  The stress is causing you to vaguely remember things, about obscure texts, and to forget if your boyfriend is with you.  The stress causes you to smell, even after taking a shower, and to wake up first thing in the morning to buy bleach, as a sudden urge for housecleaning is therapeutic.

    Honestly, it can be incredibly stressful to have to release this sudden burst of energy.  You yell, are anxious, and hit yourself in the head.  The police try to calm you down with food and drinks, but the visions and dreams are tormenting you, as you imagine that you have witnessed something horrific.  Yes, your friend let out a huge scream as she died, but you are not really lying when you tell the police who did it.  After all, your 2 hour police interview, or was is 14, 35 or 50? Or 150?... was tantamount to torture, and you should not have to be subjected to the stress of having to explain yourself a hundred times while the police investigate the murder of your friend.  You suffered too.

    My best truth is that when people don’t trust you after making these false accusations, the anxiety arrives even at the most safe and casual of circumstances.  You’re hypersensitive to what people say, and how they say it.  They seem skeptical when you refer to things constantly as your best truth, or the truth you remember, or the truth you think is closest to the truth. There is an accumulation of primal anger and grief that can give no satisfactory expression when you start talking about visions you had, or how you vaguely remembered something happening. There is always this thought: how can you reconcile with significant parts of society whose trust you have abused?

    I have nothing but lies to be afraid of.  But people take things out of context.  Saying someone had their f***ing throat slit is a way of explaining how a person died (even if I didn’t ‘‘officially’’ know it).  That person was my friend.  People can’t admit they were wrong when I make gurgling sounds and call blood ‘‘yucky’‘.  The can’t admit their mistakes when I say I only knew someone for a month, and want to get on with my life.  That person was my friend.  They find fault with everything when I say ‘‘shit happens’‘, and miss the memorial, because someone else made the decision for me.  That person was my friend.  They come up with speculation, and twist things around, and they are haters, when they complain about me wearing Beatles T-shirts in court.

    In my head, the trauma felt by the victim of a wrongful accusation is foreign and unimaginable to the majority of people, that’s why I am here to help.  By that I mean write this story, not just make up (more) false accusations.

    But, in the closest version of the truth, these are the questions that need answered: Why is the person I falsely accused angry with me?  Why is he not angry with the police for arresting him?  And why are the police now suspicious of me after making a false accusation?  Can they not see that I am a good person?  Why are people angry when I give interviews of get a million dollar book deal?  Can they not see I’ve suffered?  I mean, my friend (whose name I forget), was murdered, but it could just as easily have been me.  Why are people persecuting me? (loud sigh)

    Honestly,  I am a victim here.  Why can you not see that?

    Anyway, that’s all for now.  Just need to get on with my life.


    Thursday, April 23, 2015

    The Knox Interrogation Hoax #18: The Final Pre-Trial Opportunities Which Knox Flunked

    Posted by The TJMK Main Posters



    Image of Judge Micheli who presided over the hearings that remanded Knox to trial.

    1. Overview Of The Interrogation Hoax Series

    In Post #1 there’s a long summary of what various courts concluded in sentencing Knox for calunnia to three years. 

    All 17 posts prior to this one are linked-to there. The first twelve posts cover the key parts of the trial testimony and evidence from investigators for the events at Perugia’s central police station on 5-6 November 2007.

    The next six including this show how Knox failed to convince numerous magistrates at many hearings that she was ever interrogated or abused or made to lie. For the most part in fact she did not even try. 

    2. The Six Pre-Trial Opportunities Which Knox Flunked

    The previous five posts and this one cover the six hearings from late 2007 to late 2008, any one of which was a big opportunity for Knox. She could have been released if the evidence was weaker and the arguments of herself and her legal team stronger.

    Knox blew all six opportunities. The judges were Claudia Matteini, Massimo Ricciarelli and two others, Torquato Gemelli and four others, and Paolo Micheli (this post). A total of 10 judges, and Dr Mignini. After the first two, one of Knox’s lawyers walked off the job.

    Those ignorant of the reports of these hearings (all but one newly translated for this series with the Micheli to come) often demonize the prosecutor, Dr Mignini, as somehow taking a harder line than all those judges.

    Really?

    Read all of the reports and in fact every one of those judges took a harder line than Dr Mignini who worked very hard to be fair. His early version of the attack on Meredith was of an almost accidental death with sexual humiliation in the course of a hazing.

    This went out the window, and all of the judges without exception adopted a harder position - that Knox’s anger had spiraled over Meredith’s difficulties with her, and a barbaric 15-minute torture-attack resulted in Meredith’s death which may have been premeditated in a timespan between minutes and days.

    Judge Matteini, Judge Ricciarelli, and Judge Micheli (see below) all flat-out warned that they considered RS and AK to be dangerous to others and that they needed to be kept locked up pending trial.  Judge Gemmelli and other Supreme Court judges endorsed this.

    Typically Knox was constrained by her lawyers to say little or nothing.

    They were already wrestling to try to wind back the three problematic statements she demanded to make on 5-6 November - mainly by changing the subject and aggressively attacking Guede. 

    She was allowed to be questioned by Judge Ricciarelli and she herself volunteered to be questioned by Dr Mignini three times, but her performances were shaky and erratic and once she seemed to break down in tears.

    There was little or no hint of the inflammatory claims which cost her three years which Knox came up with when she had to take the stand mid-2009 to try to defend her framing of Lumumba.

    3. Micheli Hearings September and October 2008

    This Sky News report describes how prior to the Micheli hearings Knox’s lawyers seemed pretty desperate to change the subject.

    Valter Biscotti and Nicodemo Gentile said they wanted Guede’s trial to be separate from that of Knox and Sollecito because they feared a pact against their client. Mr Biscotti added: “We feel the urgent need to have our trial heard independently of the other two suspects.

    In recent weeks a lot of poison has been spread by the defence teams and we feel the necessity to find some form of serenity in a separate hearing.  That’s why we have asked for a fast-track hearing just for our client and we want that hearing as quickly as possible.  At this hearing we will prove that our client has absolutely nothing to do with the tragic death of Meredith Kercher.”

    On 16 Sept 2008 Judge Micheli accepted the Guede team’s request for a fast-track trial and as the rules require moved all of the hearings behind closed doors.

    A fast-track proceeding is closed to the public, unlike a full trial. It will be held before the same judge, who is expected to issue the verdict at the time he decides whether to indict Knox and Sollecito. The rulings are expected next month.

    Judge Micheli had mountains of investigative reports and physical evidence to plow through. He heard witnesses in four hearings (with Meredith’s family present at several) on the DNA collection, on the character of Rudy Guede, and also on the three defendants acting menacing outside their house, which he heavily discounted.

    Late on 28 October Judge Micheli issued a 17-page ruling which includes almost no mention of Knox implicating Patrick. He convicted Guede of murder and sexual assault, and sentenced him to 30 years. He also ordered Knox and Sollecito to stand trial on charges of murder and sexual assault.

    As the UK Guardian and many other media reported, Judge Micheli assessed Knox and Sollecito as being dangerous. 

    The suspected killers of Meredith Kercher were refused transfer from jail to house arrest last night while awaiting trial for her murder, because of the danger that they might flee and kill again.

    After 12 hours’ deliberation in Perugia, the judge, Paolo Micheli, said there was a “concrete possibility” that Amanda Knox and her boyfriend Raffaele Sollecito would run off if freed from prison.

    In a written ruling to lawyers, he said he believed the murder of the British student was not premeditated, but the likely “absolute disregard” shown by Knox and Sollecito for the victim’s life meant they would be capable of murdering again….

    Turning down their request for house arrest yesterday, Micheli agreed with prosecutors that more than one person took part in the sexual assault and murder, dismissing claims that the 47 bruises and knife wounds on Kercher’s body could have been made by a single attacker.

    He upheld the testimony of a neighbour who heard more than one person fleeing Kercher’s house, adding that while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.

    He stood by forensic evidence indicating Kercher’s and Knox’s DNA on a knife found at Sollecito’s house which investigators suspect is the murder weapon, and ruled Sollecito’s DNA on Kercher’s bra strap as reliable evidence.

    On 30 October Judge Micheli was interviewed. No sign in this that any claim of unfairness to Knox was on his radar.

    4. Apparent False Claim Of A Statement By Knox

    Bearing in mind that these hearings were all behind closed doors, none of the Italian and English-language media reports including those of the New York Times make any mention at all of Knox testifying or answering questions. Nor do the books of Sollecito or John Follain.  We are still checking with Italy to make sure.

    To jump the gun on the series a bit, a probable non-statement by Knox morphed in Knox’s 2013 book into this heated claim below, which we have already been told, based on court transcripts and Judge Micheli’s immediate 17 page report, was definitely not what was said, if anything, in court.

    On October 28, the final day, I got to speak for myself. Since the judge understood English, I stood up without my interpreter and tried to explain what had happened during my interrogation. I told the judge that I hadn’t meant to name Patrick or to cause confusion but that the interrogation had been the most brutish, terrifying experience of my life. I’d been exhausted to begin with, and I had gotten so scared and confused that it was as though I went out of my mind. My interrogators told me that they had evidence I’d been at the villa, that Raffaele was no longer vouching for my whereabouts that night, that I had been through such a horrible trauma, I had amnesia. “I believed them! I’m innocent!” I cried.

    Posts #1 to #12 have shown that Knox experienced no “brutish, terrifying experience”. Trauma was inflicted only by Sollecito and then by Knox on herself. With high confidence, we can conclude that as so often in her book Knox was simply making this up. So much for Linda Kulman’s fact checking.

    5. The Micheli Sentencing Report Of January 2009

    Finally three months later Judge Micheli issued a sentencing report of about 100 pages. While it has still not been fully translated we did summarise it in four posts here.

    In the Italian original (which is equally firm to harsh on all three defendants) it is quite graphic about what the physical evidence says of the callous role of Knox and Sollecito in the torture-attack.

    Judge Micheli does note how often Knox and Sollecito help to destroy one another’s stories which numerous witnesses confirmed helped to spark Knox’s conniption and framing of Patrick.

    There is no mention at all of Knox taking exception to her “interrogation”.


    Tuesday, April 21, 2015

    The Certainties And Open Questions In The Amanda Knox Trial Starting In Florence On 9 June

    Posted by The TJMK Main Posters



    Dr Giuliano Giambartolomei prosecutes in both the Sollecito and Knox trials

    1. A Bizarre Crime

    What Knox will soon be on trial for is one of the most bizarre crimes conceivable.

    If you followed all the links in the post directly below this (with more to come soon) you will see that the evidence is overwhelming that Knox maliciously and self-servingly invented the Interrogation Hoax of 5-6 November 2007 for very little likelihood of benefit and with massive damage done to good people and the proud image of Italy.

    So what does Knox do? Learn anything? No. She serves three years for framing Patrick - and comes right out of prison to repeat more or less the self-same crime but this time on steroids. Passages in her book and claims in interviews were almost hysterically insistent, and the email she sent to Judge Nencini in December 2013 even more-so. In that email she actually ranted on about torture.

    And dozens of others in the US picked up on the false claims and, as Steve Moore and John Douglas and Bruce Fischer did, heavily embellished them. What Knox was convicted for is still right there on a dozen YouTubes all “helpfully” uploaded by Bruce Fischer. 

    Some few in Italy might have been undecided a month ago whether Sollecito was really there when Meredith was murdered. But nobody at all in Italy likes the dangerous and inflammatory campaign Knox has spearheaded.

    This really could be Knox’s OJ Simpson moment. This time she could face as much as six years, and the US would seem to have zero grounds to resist extradition.

    And as Knox was finally confirmed as sentenced for calunnia to the detriment of Lumumba by Cassation in 2013, left unaffacted by Cassation in 2015, Knox can no longer make any claim to have been induced to do so by the police and prosecution.

    If she has a viable defense nobody, repeat nobody, right now seems able to imagine it. 

    2. The Certainties

    The trial will begin on 9 June in the Florence courthouse in front of Judge Anna Liguori.  The lead prosecutor will be Dr Giuliano Giambartolomei who is also the chief prosecutor in the Sollecito & Gumbel book trial which convenes next on 30 April.

    While charges in the Sollecito & Gumbel trial are for diffamazione and vilipendio (slander of officials and of the system) the anticipated charges in the Knox case are for the more serious crime of calunnia (for accusing justice officials of crimes in court).

    For a very good reason, diffamazione and vilipendio and especially calunnia are taken more seriously in Italy than equivalent contempts in some other systems.

    This is because of a long-running (if declining) tendency for “connected” defendants to try to take the justice system down a peg in the hope of an unfair break in trials they or their unsavory buddies are in the midst of.

    3. The Open Questions

    The Knox book and email to Judge Nencini and TV claims cannot be a part of a calunnia case but certainly can be used as evidence of Knox’s disingenuousness and malice. To what extent this will happen is not clear yet, but signs are a lot of online evidence on these lines is being captured.

    Nor is it clear yet who will represent Knox. Possibly Ghirga and Dalla Vedova, but they may not be the “best” team for her as they are credited in Knox’s book for its content and they handed over as a court document the inflammatory Knox email to Judge Nencini. (Remember, Sollecito is not being defended in his trial by Bongiorno or Maori.) 

    Nor is it clear yet what line Knox’s defense may take. It is quite out of the question that she again simply repeats the claims that already cost her three years signed off on twice by Cassation. If Sollecito seems seriously stuck for a defense, Knox seems even more-so.

    Nor is it clear yet if the defense team will make an immediate bid to Cassation for dismissal. The Fifth Chambers which overturned the murder conviction is already deeply entangled and under scrutiny, and judges there may already be wondering if they have committed career suicide to very little real benefit for anyone.

    Also it is not clear yet how this will impact the pending trial of Curt Knox and Edda Mellas for diffamazione for repeating as gospel Knox’s false claims to a British reporter, and we dont know how this will impact Oggi’s trial for enthusiastically publishing some of Knox’s false claims.

    It is not clear yet how the Knox PR (if it is still active) or the pro-Knox opportunists or the highly confused US media will handle this - but to repeat as gospel any of Knox’s claims could from now on be legally radioactive.

    it is not clear yet how the Obama Administration will (if at all) react to this. Whether there will again be covert intervention, or whether they will finally concede that Italy did get it right and crimes should be paid for and not given a free pass. 

    Finally, will Knox again be a no-show in Florence, as she was (against her lawyers best advice) at her own appeal? And if so, will she and her forces again falsely claim that she is being tried in absentia? That wouldnt win her points in Italy.

    4. Further Background

    Click here:   1. Could The Italian Authorities Be Starting A Wave Of Libel + Slander Investigations?

    Click here:   2. Interrogation Hoax: Knox Hearing On Calunnia Charges, Then Trial To Resume June 16

    Click here:   3. Calunnia Claims At The Core Of The Problem For Amanda Knox - And Her Parents

    Click here:   4. Knox Calunnia Hearing: Amanda Knox Enters Court Via The Underground Entrance

    Click here:   5. Another In Seeming Never-Ending Disasters For Hapless Knox Campaign

    Click here:   6. A Perugian Media Report (Neutral As Usual) In Italian On Knox’s Calunnia Hearing

    Click here:   7. Curt Knox And Edda Mellas Defamation Trial To Go Ahead On July 4

    Click here:   8. Umbria’s Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello

    Click here:   9. The Curt Knox And Edda Mellas Diffamazione Trial Will Resume In Perugia 30 March.

    Click here:   10. False Allegations Against Italian Officialdom Sparking Increasingly Tough Legal Reaction

    Click here:   11. An Overview From Italy #2: Current Perceptions In Italy, Sollecito Case, Mignini’s Full Vindication

    Click here:   12. With Diffamazione Complaint Against False Claims In Oggi Knox’s Legal Prospects Continue To Slide

    Click here:   13. Expected Calunnia And Diffamazione Trials Could Reverse Another Attempt To Take Justice Down A Peg

    Click here:   14. Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?

    Click here:   15. Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems

    Click here:   16. Pushback Against Mafia Playbook Gathers Speed With Denial Of False Accusation of “Satanic Theory

    Click here:   17. Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made

    Click here:   18. False Claims By Amanda Knox & The Book Team May End Up Costing $10 Million


    Wednesday, April 15, 2015

    Dupe Watch: Professional Fraud Exposer Benjamin Radford Himself Gets Seriously Duped

    Posted by Peter Quennell



    Despite vast, easily accessible evidence to contrary, Radford regurgitates proven Knox lies

    1. Who Is Benjamin Radford?

    Benjamin Radford is the deputy editor of the popular Skeptical Inquirer which has very active Twitter and Facebook presences.

    In normal cool-minded mode, he is an effective and useful exposer of hoaxers and dupes and a good entertainer. He himself has seemed fairly impervious to hoaxes. From his website here are his career highlights.

    Benjamin Radford is deputy editor of Skeptical Inquirer science magazine and a Research Fellow with the non-profit educational organization the Committee for Skeptical Inquiry. He has written over a thousand articles on a wide variety of topics, including urban legends, the paranormal, critical thinking, and media literacy.

    He is author of six books [including]: Hoaxes, Myths, and Manias: Why We Need Critical Thinking; and Media Mythmakers: How Journalists, Activists, and Advertisers Mislead Us; and The Martians Have Landed! A History of Media-Driven Panics and Hoaxes…

    Just our kind of guy, right? In this case, so badly needed. Such a huge opportunity for him. And yet…

    2. Radford Swallows The Interrogation Hoax

    A dozen deliberate PR-inspired hoaxes (there are also others) to the advantage of Knox and Sollecito are taken apart on TJMk under this right-column heading.

    Radford would seem to have very fertile territory there. But instead, Radford himself becomes the latest dupe of the Knox Interogation Hoax.

    Instead of actually doing any checking, Radford simply quotes one of Knox’s numerous dishonest and easily disprovable accounts which have already cost her three years in prison and the prospect of more court action ahead for her.

    This false statement appeared yesterday in an article by Radford on the Discovery Channel website titled NYC Murder Trial: The Problem With Confessions

    The Amanda Knox Confession

    False confessions can, of course, have serious consequences for the person who wrongly confesses, but can also pose a real threat to innocent people. That’s what happened in the case of Amanda Knox, the American woman arrested for the 2007 murder of student Meredith Kercher in Italy.

    After an extended interrogation Knox confessed to police that she was there during the time of the murder. She implicated not only herself but also Patrick Lumumba, the owner of a bar she worked at, saying she was present when Lumumba murdered Kercher and could hear her screams. Lumumba, however, was cleared weeks later when a university professor came forward to report that he was with Lumumba in his bar at the time of the murder.

    Knox later claimed that her confession had been false and coerced: “In regards to this ‘confession’ that I made last night, I want to make clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock and extreme exhaustion. Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn’t remember a fact correctly…. it was under this pressure and after many hours of confusion that my mind came up with these answers.”

    Based in part on that confession, Knox was found guilty in 2009 and sentenced to 26 years in prison. Appeals and retrials lasted years, and last month the Italian Supreme Court overturned the previous guilty verdicts, effectively ending the case.

    Confessions don’t need to be beaten or tortured out of a person; sometimes they can come after hours of psychological pressure and exhaustion. When someone is put under sustained pressure, they may tell their interrogator whatever they want to hear to make it stop, whether truthful or not.

    There was no “hours of psychological pressure and exhaustion”. Nor was there any confession - only a false accusation. In fact (see below) there was not even an interrogation.

    And the Supreme Court did not overturn all previous guilty verdicts. That court had no power to overturn the guilty sentence and the three years Knox served for lying about the interrogation, and for falsely blaming Lumumba.

    3. Hard Realities Of The Interrogation Hoax

    Based on numerous court transcripts (see Part 4 below) this is a TRUTHFUL account of what happened at Perugia’s central police station on 5-6 November 2007.

    This sequence led into her arrest and eventually to her three years in prison for calunnia, a sentence confirmed by the Supreme Court - a well-known fact which the avid researcher Benjamin Radford appears to have ignored, misunderstood, or been unaware of.

    Prior to the night of 5 November Knox, Sollecito and many others had sat voluntarily with police officers to help them to build a complete picture. None were suspects and none were put through interrogation.

    Knox’s claimed hours associated with this questioning included a lot of time spent waiting around - in Knox’s and Sollecito’s cases the hours mounted because they were conspicuoslu eager to be there. 

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

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

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

    As the defenses acknowledge during their cross-examinations of key investigators present on the night, this was merely a recap/summary, a simple checking of facts with someone who might be helpful which could have been done on a street corner. It was not a witness or suspect interrogation.

    Knox eagerly agrees. So they begin on the list.

    This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total Knox and four others (three of them women) are present. Knox builds a list of seven people and adds maps and phone numbers (in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.

    At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused. A number of efforts are made to help Knox to keep calm.

    Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito in a separate wing. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks and declares that Knox made him lie. Knox is gently asked about this, and nobody reports any reaction. Knox defense lawyers in cross examination do not go there at all.

    Suddenly, to the considerable surprise of all present, Knox has a yelling, head-clutching conniption (the first of several that night) when they observe a text she had denied sending, saying she would see that person later. Knox explains that it was Patrick, along with a torrent of accusations.

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

    Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.

    A second session ending at 5:45 is intended as merely a reading of Knox’s legal rights, with Dr Mignini presiding. No questions are asked.

    Having just been warned she should not do so without a lawyer present, Knox insists on a second recorded statement which also says she went out to meet Patrick that night and also accuses Patrick of killing Meredith.

    Just before noon, now under arrest and about to be taken to Capanne Prison, a third statement this time in English, and seemingly gleefully hands it to Rita Ficcara. She yet again accuses Patrick but also ponts some suspicion toward Sollecito.

    Knox’s lawyers never substantially challenge this version, leave standing that she insisted on all three statements, and they dont pursue any claims that she was pressed.

    In July Knox herself tried to challenge the scenario but was disbelieved and for the calunnia framing of Patrick Lumumba Judge Massei sentenced her to a year more than Sollecito, later amended by Judge Hellmann to three years served.

    4. Trial Transcripts And Other Evidence Against Knox

    Click here: The Knox Interrogation Hoax #1: Overview Of The Series - The Two Version of the 5-6 Nov 2007 Events

    Click here: The Knox Interrogation Hoax #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov

    Click here: The Knox Interrogation Hoax #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness

    Click here: The Knox Interrogation Hoax #4: More Hard Realities Fron Rita Ficcara, More Nervousness From Defense

    Click here: The Knox Interrogation Hoax #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov

    Click here: The Knox Interrogation Hoax #6: Sollecito Transcript & Actions Further Damage Knox Version

    Click here: The Knox Interrogation Hoax #7: Testimony Of Witness Lorena Zugarini On The Knox Conniption 5-6 Nov

    Click here: The Knox Interrogation Hoax #8: Testimony Of Interpreter Anna Donnino On Events Night Of 5 November

    Click here: The Knox Interrogation Hoax #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov

    Click here: The Knox Interrogation Hoax #10: Challenge To Readers: Spot The Two Landmines For Lawyers & Knox

    Click here: The Knox Interrogation Hoax #11: Why Prosecution And Defenses Never Believed Knox’s Version

    Click here: The Knox Interrogation Hoax #12: Proof Released That In 5-6 Nov Session Knox Worked On Names List

    Click here: The Knox Interrogation Hoax #13: The First Two Pre-Trial Opportunities Which Knox Flunked

    Click here: The Knox Interrogation Hoax #14: The Third Pre-Trial Opportunitty Which Knox Flunked

    Click here: The Knox Interrogation Hoax #15: Dr Mignini’s Knowledge Of Knox “Interrogation” Explained To Media

    Click here: The Knox Interrogation Hoax #16: The Fourth Pre-Trial Opportunity Which Knox Flunked

    Click here: The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholders Knox

    Posted on 04/15/15 at 07:37 AM by Peter QuennellClick here for my past posts, via link at top left.
    Archived in Hoaxes By Knox & team204 InterrogationNews media & moviesTerrible reporting
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