Collection: Cassation 2015
Tuesday, August 30, 2016
Florence Courts Resent Mangling Of RS/AK Appeal By Cassation Now Have Ominous Ways To Re-Visit
Posted by Peter Quennell
It is not lost on anyone that Sollecito defense lawyer Bongiorno was given special favors, including being allowed to argue unchallenged before the Fifth Chambers for some hours beyond the legal limit. Or that the Fifth Chambers should never ever have received the appeal. Or that the drafter, Bruno, was suffering seriously ill health at the time, and delivered a report which is largely legal nonsense.
But the Florence courts are not done yet. They are still processing cases involving Knox, Sollecito, Sfarzo and Aviello. They still sit on this potential bombshell of a case against Sollecito lawyer Maori, which explains how the Fifth Chambers apparently acted highly illegally.
Other cases are also possible, and two involving Knox are still continuing in Bergamo.
Now Rudy Guede’s team of lawyers in Rome and Viterbo prison have filed an appeal against his own conviction. It is filed with the courts in Florence.
The team notes that judgments against Guede up to and including the Supreme Court’s First Chambers concluded that he had acted against Meredith only in collusion with others and not in isolation.
This could reopen the Marasca/Bruno outcome which argued that he DID act alone or at least not with RS and AK though there is massive evidence to the contrary. That judgment while final in the normal course of things cannot stand under Italian law if illegalities were entered into.
With more and more documentation being read widely, the case against Knox and Sollecito acting in collusion with Guede is coming to look as strong as it did throughout their trial in 2009.
That is the quite possible Florence outcome.
It is one that Guede might accept fairly calmly, as his fury at Sollecito is quite palpable, and he wants nothing more than to nail his fellow attacker.
Archived in Those who were charged, Rudy Guede, Appeals 2009-2015, Cassation 2015, Hoaxes by Knox, Knox persona hoax, Knox alibis hoax, Hoaxes by Sollecito, Sollec persona hoax, Sollecito's alibis, Sollec not-there hoax, Hoaxes re Guede, Guede sole perp hoax, Hoaxers - main people, Sollecito team, Other legal processes, Italian related
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Monday, May 02, 2016
Revenge “On” The Knox: Bruno And Marasca Strike Back
Posted by Chimera
1. Overview Of The Post
We have posted both multi-part analyses of the Amanda Knox book (extended 2015 edition) and also multi-part analyses of the 2015 Supreme Court verdict attempting to apply closure to the case.
Primarily because they both make so much up and leave so much out, both efforts appear to Italian lawyers and observers and our own team to have fallen far short.
Worse, as I demonstrate here, Knox and the Supreme Court were not even on the same page. They used different arguments which tend to cancel one another out.
In effect the report of Judges Bruno and Marasca late in 2015 pulled the rug out from under Knox’s book published a few months before.
2. Arguments Of The Supreme Court
The final report from the 5th Chambers of Cassation was released in September 2015, several months late, with rumors swirling in Rome that it was proving a tough task.
From James Raper critique Part 1
The Fifth Chambers argued as follows:
1. The standard of “beyond any reasonable doubt” was not met due to insufficient and/or contradictory evidence - pursuant to Article 530, section 2 of the Italian Code of Criminal Procedure.
2. Multiple attackers upheld. Guede was guilty with others unknown.
3. The break-in in Romanelli’s room was staged.
4. Amanda Knox was present in the cottage at the time of the murder but there is insufficient evidence that she played a participatory role.
5. The DNA profile of Meredith Kercher on the knife and the DNA profile of Raffaele Sollecito on the bra clasp have “no probative or circumstantial relevance”
6. “Motive is not irrelevant” and motive was not established.
7. No selective cleaning.
8. No purpose would be served in remanding the case back to the 1st instance court of appeal (as had occurred on appeal against acquittal)
From James Raper Critique Part 5
The Fifth Chambers argued as follows:
1. Knox was present in the cottage at the time of the murder but in a non-participatory role. Very probably (if this is not a held fact) she had scrubbed Meredith’s blood off her hands in the small bathroom.
2. Sollecito was very probably there as well, but it cannot be known when.
3. There was certainly an assailant (and perhaps more than one) in addition to Guede.
4. There was a staging of the break-in in Filomena’s room.
While this seems (in a very tortuous way), to assert an “insufficient evidence” finding rather than an “innocence” finding, the findings of the 5th Chambers are now considered final, unless they are overturned.
That being said, these findings directly refute the bulk of Knox’s book “Waiting to be Heard”
3. Arguments of Amanda Knox
Our 12-part series taking apart the claims in Knox’s book can be found here.
(1) Chapter 5, 6: The Evening and Morning After Meredith Died
Knox Version (A): AK/RS were at his apartment, watching Amelie, smoking pot, reading Harry Potter and f***ing. AK returned to her home late the next morning.
Knox Version (B): AK was in the kitchen while PL was murdering Meredith
Knox Version (C): AK was in the kitchen while PL was murdering Meredith, and RS was probably there
Knox Version (D): AK has no clue what was going on, and doesn’t remember anything.
Version (A) is the story AK told in her book and on television—though the details are flexible. Versions (B), (C), and (D) are the 3 statements she made November 5th/6th.
However, the truth Bruno and Marasca think is closest to the truth (pun intended), is version (C), with Guede as the killer instead of PL.
Other courts: Pre-Trial Judge Micheli (October 2008), Trial Judge Massei (2009), Appeal Judge Nencini (2014) all found that Knox was not only involved, but that she personally killed Meredith. Even if you accept the Cassation ruling that AK wasn’t actually involved, the final ruling did place her at the crime scene, and RS probably so.
Bullshit level: COMPLETE
(2) Chapters 7, 8, 9: The Ensuing Investigation
AK goes on and on in WTBH about how she was trying to help the police. She complains about how she was subjected to repeated and very lengthy interviews. However, she never shared any of the insider information she had about that night. The police officers involved noted that she and RS seemed particularly unhelpful.
Bullshit level: COMPLETE
(3) Chapters 10, 11: The Knox Interrogation Hoax
AK goes on in great detail especially in Chapter 10 about how she was lured to the police station, and brutally interrogated. In her December 2013 email to Judge Nencini, she refers to it as “torture”.
Interesting how she remembers it with such lurid detail.
As AK points out, there is no recording or video
All of the officers involved give “very” different accounts
AK claims to be traumatized and have her memory go blank
AK’s performance was convincing enough to make Judge Claudia Matteini (November 2007) believe PL was the killer. But since then ....
(a) the 3 judge panel headed by Judge Massimo Ricciarelli (November 2007);
(b) the 5 judge Cassation panel headed by Judge Torquato Gemelli (April 2008);
(c) pre-trial Judge Paolo Micheli (October 2008);
(d) trial jury headed by Judge Giancarlo Massei (December 2009);
(e) appellate jury headed by Hellmann/Zanetti (October 2011);
(f) Cassation panel headed by Judge Chieffi (March 2013);
(g) appellate jury headed by Judge Alessandro Nencini (January 2014);
(h) Cassation panel headed by Bruno/Marasca (March 2015)
.... have ALL ruled that AK framed PL, and that she did it willingly, and wasn’t tricked or coerced.
Bullshit level: COMPLETE
(4) The Afterword: Everything After Hellmann’s Ruling
AK triumphantly declares that Cassation (2015) found her and RS innocent. But once again, AK releases her book prior to the Cassation report. Idiot.
AK does misrepresent far more than just the 2015 Cassation findings in the Afterword. More on that later.
Bullshit level: COMPLETE
(5) Understanding the Bruno/Marasca Ruling
At a minimum, Chapters 5, 6, 7, 8, 9, 10, 11 and the Afterword of “Waiting to be Heard” are complete bullshit.
Considering that these bogus claims are repeated throughout the book, it can reasonably be inferred that much of the rest is made up as well.
This is not me talking. This is referencing the Bruno/Marasca ruling, which as it stands, is final.
(6) Author’s Note
This is a lot of speculation on my part, (as Andrew Gumbel would say “hearsay and speculation abound”), but feel free to comment
The B/M report can be understood in one word: finality. They don’t want any one else looking at it.
(A) B/M rule “insufficient evidence” rather than “innocent” hoping to placate the Italian public.
(B) B/M sabotage AK’s ECHR appeal chances, as they don’t want another court looking to carefully at it
(C) B/M ruling essentially says “just short of guilty” to stop AK/RS from crowing about their innocence.
(D) B/M ruling claims AK/RS lied and obstructed to ward off any potential wrongful imprisonment lawsuit.
(E) B/M do strongly imply AK/RS are guilty to try to give a “moral win” to the Kerchers.
(F) B/M appear to bend over backwards to acquit, trying to look “incompetent, at worst”, rather than corrupt.
(6) The problem is: Bruno and Marasca haven’t taken into account the personalities of everyone involved
(a) The Hellmann/Zanetti ruling (October 2011) stunk of corruption, so Italy would be immediately suspicious of anything remotely similar.
(b) AK’s ECHR appeal seems to warded off for now, but AK seems hell bent on going ahead anyway.
(c) AK/RS did start parading around again, and AK re-released her book
(d) RS and Papa Sollecito sued anyway.
(e) Far from giving a “moral win”, this ruling and the accompanying report just leave a bad taste.
(7) Bullshit in WTBH (Beyond Bruno/Marasca)
Chapter 1: Before Leaving Italy
Chapter 2: Federico Martini (a.k.a. Cristiano)
Multiple: Capanne Chapters
Chapter 31-35: The Hellmann Appeal
4. Final Thoughts
I stand by my claim that WTBH is 90-95% bullshit.
Fair to say, Bruno and Marasca would likely agree.
Archived in Those who were charged, Amanda Knox, Those officially involved, Supreme Court, Appeals 2009-2015, Cassation 2015, Hoaxes against Italy, Italian justice hoax, Hoaxes by Knox, Knox book hoaxes, Hoaxers - main people, Knox-Mellas team
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Wednesday, January 20, 2016
Sollecito Lawyers Threaten To Sue If Guede Tells Any Lies; Dont Hold Your Breath…
Posted by Peter Quennell
Bongiorno goes overboard at end of Nencini appeal; Italy laughs
Way to ensure high ratings? Now Bongiorno threatens to sue RAI if the interview propagates any “lies”.
She hasnt commented publicly on that report though Sollecito has been very sulky of late. She still talks as if the March verdict is the only one that stands.
At other times there have been such threats to sue. None ever happened there. Examples:
- Bongiorno didnt sue Aviello for saying she had been offering bribes to his cellmates in exchange for their testimony to help RS despite a threat.
- Bongiorno didnt sue Lifetime TV as threatened for the movie about Knox - the RS character barely appears, maybe that was her beef - despite a threat.
And Mignini’s case against Maori will really put Bongiorno and Maori in a bind, if Guede doesnt do damage enough.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Rudy Guede, Appeals 2009-2015, Cassation 2015, Hoaxes re Guede, Guede sole perp hoax, Guede good guy hoax
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Friday, July 03, 2015
Rome Shocked - Seems Drafting Of Fifth Chambers Report With Poss Illegalities Not Even At First Base
Posted by Peter Quennell
In summary, Judge Marasca in his 27 March court ruling and 29 March Corriere interview illegally threw out the March 2013 First Chambers rulings. Plus he illegally accepted the appeal arguments on the evidence which he should not have.
He cannot do that in the sentencing report itself without reprisals being guaranteed.
Our first alert today was this tweet by the most reliable Italy-based reporter on the case.
Andrea Vogt @andreavogt: Italian legal code (Art. 617) requires Cassation court to issue reasoning after 30 days. #AmandaKnox case due April 27. Why the delay?
On checking, word appears to be spreading in Rome that the Fifth Chambers may not even have got to first base.
On April 27 a draft of the report should have been filed with the Cassation Registry. But it apparently isnt even there yet.
Here are the relevant rules for the Supreme Court.
1. The Original
Art. 628 CPP
1. Conclusa la deliberazione, il presidente o il consigliere da lui designato redige la motivazione. Si osservano le disposizioni concernenti la sentenza nel giudizio di primo grado, in quanto applicabili.
2. La sentenza, sottoscritta dal presidente e dall’estensore, è depositata in cancelleria non oltre il trentesimo giorno dalla deliberazione.
3. Qualora il presidente lo disponga, la corte si riunisce in camera di consiglio per la lettura e l’approvazione del testo della motivazione. Sulle proposte di rettifica, integrazione o cancellazione la corte delibera senza formalità.
2. The Translation
1. Subsequent to the deliberation, the president or the director appointed by him draws up the motivation report. They observe the provisions concerning the judgment in the first instance, as applicable.
2. The judgment, signed by the President and by the writer, is lodged at the Registry no later than the thirtieth day after the deliberation.
3. If the president has done this, the court will meet in closed session for the reading and approval of the text of the motivation. On the proposed rectification, integration or cancellation the court shall act without formalities.
What To Expect?
The only legal and face-saving way out? Admit error, and if there are real grounds, refer the appeal back down to the Florence court.
Archived in Appeals 2009-2015, Cassation 2015, Cassation 2015 critiques
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Tuesday, June 30, 2015
Big Shot Across Bows Of Fifth Chambers: Charge Claims Several Illegalities By Marasca & Bruno
Posted by The TJMK Main Posters
1. The Unexplained Delay Of The Sentencing Report
Judge Marasca and President Mattarella, a former judge, have similar reputations: they have both fought mightily to prevent bent outcomes.
It has been put about in Italian legal circles that Judge Marasca is not exactly in love with his panel’s verdict. We reported talk in Rome that he held out for several hours on 25 March against a majority faction led by Judge Bruno.
Perhaps he remains a captive of the majority in what might be a tainted court - if it is, it would not be the first tainted court in this case. The Hellmann court is considered as such, as quotes below indicate.
Almost with no exceptions, Cassation routinely reports its appeal verdicts both fast and briefly. Often the reports are presented within several weeks. and most of them come in at under 50 pages.
In Meredith’s case all of the previous Cassation reports came in well before their deadlines. The one that took the longest was the 74-page report of the First Chambers in 2013, annulling most of the Hellmann verdict.
That took 85 days. We are already 10 days beyond that. It will not be very long before the delay in the report really raises red flags.
2. Judge Marasca’s Post-Verdict Interview
Judge Marasca is well known for not giving interviews and for letting his court statements speak for themselves.
Seemingly aware that his court statement on 27 March was already being questioned, and by some ridiculed, he did give this interview to the reporter Fiorenza Sarzanini for Corriere. Key quotes from it.
A further process could not ascertain the truth about the murder of Meredith Kercher. The “proof used was so contradictory “it is impossible to overcome the doubts and inconsistencies…
The judges of the fifth section of the Court of Cassation were all agreed on canceling the sentence to 28 years and six months for Amanda Knox and Raffaele 25 years “without referral” [back down to the Florence court].
The panel chaired by Dr Marasca also considered “non-binding” the earlier ruling of the Supreme Court that in March two years ago ordered a new appeal trial [in Florence and annulled the Hellmann verdict]
3. The Complaint In The Florence Chief Prosecutor’s Hands
On 28 May the criminal complaint was filed by the Perugia prosecutor Dr Mignini and two lead investigators against one of Sollecito’s lawyers, Luca Maori, together with a reporter and an editor of the Perugia weekly Settegiorni Umbria.
The interview and editorial comments sliming the prosecution and the investigators were published back in January, two months before the Fifth Chambers ruled. They might be seen as one of many attempts to poison public opinion and to lean on the courts - in this case, the Fifth Chambers, which had the appeal.
The narrative describes some nasty lies of commission and omission by Maori and the magazine staff. We wont repeat them here. Impactful on a much wider plane is how the complaint characterizes the investigation and the prosecution of the case, and the various attempts to bend courts and so bend outcomes of the case.
It is highly significant that this complaint was filed by a Florence lawyer and with the Florence court. The chief prosecutor for Florence and its region Tuscany has been quoted as scathing of the Fifth Chambers verdict, presumably seeing it as a slap in the face to his own team which contended the Knox-Sollecito appeal, and perhaps an attempt to take the powerful Florence court down a peg.
The Florence court had made a large number of documents available to the Fifth Chambers. As this narrative is highly relevant, the law would have required the Florence Chief prosecutor to forward it. We can presume then that all the Fifth Chambers judges have the document available and, as it sets up a polarity, quite possibly the First Chambers judges as well.
4. The Significance Of The Complaint’s Various Phrasings
If we notionally divide the document into five parts, part (1) explains the people named in the rest of the document and their respective roles, parts (2) and (3) describe the main elements of the very complex legal process and mistakes that were made by the Hellmann court and the Fifth Chambers; and parts (4) and (5) go into detail about the case against Maori and his interviewer and editor.
The excerpts below are from parts (2) and (3). Anyone involved in the legal process would see rather rapidly that parts (2) and (3) could constitute a blueprint for legal action against the Fifth Chambers (such legal action is now allowed) and could also constitute a petition to President Sergio Mattarella, the head of the Italian justice system, who has the power to overrule a Cassation outcome.
 it appears necessary to highlight the circumstances, in fact and in law, left in the shadows by the interview and which render even more serious, frankly incomprehensible and above all without any justification on the basis of the complex course of proceedings, the defamatory statements contained in the article and the very grave and intolerable accusations launched with so much superficiality against the investigators and the 34 magistrates who had upheld the prosecution’s case against the 11 who had doubted it.
Noted above are the many lies of omission (some are listed below; we have a long list pending) that tend to be typical when the defenses and those who were in the dock and their supporters describe the case. Also noted are the 34 magistrates who handled elements of the case and did not abort the process. See the examples here and here.
 The two accused Knox and Sollecito had been arrested on the morning of 6 November 2007, under an arrest warrant issued by Dr Mignini, as the Public Prosecutor in charge, a decree promptly validated by the GIP Dr Claudia Matteini who had issued a precautionary custody order for imprisonment. The appeals of the suspects against this latter, as issued by the GIP on the request of the same Dr Mignini, had then been timely rejected by the Re-examination Court for Perugia and by the First Chamber of the Court of Cassation.
Noted above is one area subjected to numerous lies of omission. In fact many magistrates were guiding the process and the prosecution had no opportunity for independent initiative prior to trial. Dr Mignini did not have to do that interview with Knox, he did it at Knox’s own request, to give her another fair shot at clearing herself - which she failed miserably.
 As a consequence, the two remained in a state of preventative imprisonment until the decision of the Court of Assizes Appeal Court presided over by Dr Pratillo Hellmann, that is for almost four years and there had never been, by their defence, any application of revocation or substitution of the orders against the accused, Knox and Sollecito…
A legal omission by the defenses which might be considered an incompetent blunder, which contrasts strongly with Maori’s claim that the two were in effect being railroaded. The lawyers did not go the extra mile.
 the Court of Assizes at first instance, presided over by Dr Giancarlo Massei, with Dr Beatrice Cristiani as Recorder, at the end of a very long and thorough trial phase, had sentenced Mr Sollecito and Ms Knox for murder and the connected offences and Ms Knox, in addition, for calunnia against Patrick Diya Lumumba.
The trial was indeed long and thorough. Some of the most compelling evidence was behind closed doors - another area for lies of omission. Knox did herself great harm on the stand, sounding flippant and callous and not at all consistent or convincing, which ultimately cost her three years for calunnia. During the defense phase the lawyers had little to present and sessions were shortened or cancelled. There was much railing against Rudy Guede, who was not in court to answer back to it.
 At appeal level, the Court of Assizes Appeal Court - inexplicably composed of the President of the Social Security [Welfare] Chamber [Hellmann] and of an advisor specialised in the Civil Chamber [Zanetti]—despite it being that the President of the Criminal Chamber, Dr Sergio Matteini Chiari, was presiding over a bench; in any case there not being present a magistrate from the competent criminal chamber —had acquitted the two but had upheld the conviction of Ms Knox for calunnia, setting the penalty as a good three years of imprisonment.
This is still being investigated - did the defenses request of Chief Judge De Nunzio that the president of the criminal chamber Judge Chiari be replaced by the wrongly qualified Judge Hellmann? Judge Chiari (who resigned over this) has himself claimed so. And why was the wrongly qualified Judge Zanetti there?
 In the course of the proceedings there had been two experts nominated [by the Court] who, amongst other things, had submitted their report ignoring the documents attesting to the negative result of controls on the presumed contamination of the knife and of the bra-clasp, documents adduced instead by the Public Prosecutor. This should have entailed the sweeping away of [=the complete rejection of] the same expert report but the Court, presided by Pratillo Hellmann, with Advisor-Recorder Dr Massimo Zanetti, had ignored the grave error committed by the experts, an error which had been severely censured by the [Chieffi] Court of Cassation, First Criminal Chamber, in the decision handed down on 26 March 2013…
Investigation of Conti and Vecchiotti is also proceeding. They seem to have been bent and to have lied to the court - either that or remarkably incompetent. There is another quote strongly suggesting they were bent below.
 [Judge Chieffi] accepted almost all the grounds of appeals put forward by the Prosecutor-General and had annulled completely and definitively the acquittal decision, with remission (evidently upholding the grounds of appeal) to the Court of Assizes Court of Appeal of Florence which, in its turn, had fully confirmed the convictions of the Court of Assizes of Perugia.
There are many lies of omission about the annulment - one can find numerous quotes from the Hellmann court embedded in comments, articles and books - the Knox book goes on about how wonderful that appeal was without saying that none of it is of legal relevance now.
 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 latter constraint, as constituted by the jurisdiction of sole legitimacy, being understood—, for defect pursuant to Article 606 Criminal Procedure Code and limited to the grounds proposed by the appellants (Article 609 Criminal Procedure Code).
Here is a translation of Article 628 of the Penal Code:
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.
The second paragraph of Article 628 clearly indicates the Fifth Chambers of Cassazione should absolutely not have accepted requests of appeal from AK and RS against the Florence verdict on those points that had been already decided by the First Chambers (the Chieffi court). Those points decided by the Chieffi court, as per Article 628, cannot be appealed. Questions about them should be inadmissible.
 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 Fifth Chambers seems to have clearly broken the law governing its allowed scope. It had no business getting into the evidence. If there was a perceived problem that should have been referred back down to Florence.
 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.
Well proven by the narrative. As we have frequently noted Knox was given six opportunities to liberate herself even before the 2009 trial began (try finding an equivalent of that in any other system) and failed all of them.
 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.
What the First Chambers said must stand. Surely all of the judges of the panel knew this very basic principle of Cassation. Be assured the First Chambers judges will be rubbing it in that this more junior panel has no right to reverse them.
 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:
Once again the emphasis is on how the First Chambers knew both the law and the case thoroughly, and the Fifth Chambers was seemingly adrift at sea.
 [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).
Some brilliant legal arguing. This seems to really make it impossible for the Fifth Chambers to override these firm ruling of the First Chambers .
 [Only by ignoring all of the above, in reading the misleading Maori interview, one could be] induced into thinking that errors upon errors had been committed by the officers and agents of the police taskforce and by magistrates convinced of the prosecution case against Ms Knox and Mr Sollecito, then in fact of a “conversion” of the error into a knowing arbitrary act… One would have been led to think of investigators who, incurable in terms of these continual “denials”, falling prey to a kind of accusatory delirium which was by now running unchecked, would have continued to “persecute by prosecuting” two poor youngsters, contrary to any probative evidence, for the sole purpose of not seeing their initial reconstruction denied.
But see how Lumumba was checked out and released by the same team. Plus the same team worked on other cases which drew no accusations at all. It is significant to note that the Bongiorno & Maori team and Sollecito himself again and again dropped Knox in it, even in remarks made after the Fifth Chambers ruling on 27 March.
 for the readers it would have been difficult to be able to learn the details of the Kercher proceedings, [Maori and Lagana] launched themselves into making unbelievable, irresponsible statements, defamatory beyond any limit, statements which express an inexplicable rancour and bitterness towards the investigators in the Kercher case, from which, for the rest, especially Advocate Maori had given proof of from the start itself of his defence of Raffaele Sollecito
Maori falsely ascribed the “satanism as motive claim” to Mignini and seems to have been a party to other dirty tricks and loaded statements. At this point of the complaint the Curatolo testimony and knife evidence is re-emphasized as valid for their purposes and never undermined by the innuendo of the defenses.
 Maori adds, repeating a singular idea repeated many times in the course of the proceedings and put to the Prosecution as the most significant expression of the error committed by the investigators: the guilty party, Rudy Hermann Guede, had already been secured by justice. Why continue to investigate the other contenders, when it had been found that it was Rudy who, no one knows why, would have been the sole killer and whose presence would have been incompatible with any accomplices?
As mentioned above, Guede was not at the trial in 2009 and so the defenses could freely rant on about him. Although some witnesses were devoted to trying to prove him a bad guy who must have acted alone, it went nowhere. The jury visit to the cottage showed them how ludicrous it was to argue that anyone would choose THAT window to break in.
 Laganà knows nothing about the proceedings and plainly ignores: the calunnia by Ms Knox against Lumumba, the mise-en-scene of the burglary (which could have been realised only by someone who would have been afraid of becoming involved in the investigations), the genetic material of Ms Knox found a little bit below the handle of the knife and that of the victim in proximity to the point of the blade, the genetic profile of Mr Sollecito found on the clasp of Meredith’s bra, the systematic lies of the two, the traces of mixed blood of Knox – Meredith and the print of Sollecito’s foot stained with blood on the small mat in the bathroom next to the room where the murder happened, the traces revealed with Luminol, of the bare feet of Amanda and Sollecito, the witness who sees the two between 21.30 and 23.30 in Piazza Grimana, a couple of dozen metres from the murder scene, and Rudy’s accusations, just to mention a few examples.
Once again we see the theme common throughout the narrative of noting copious lies of omission - vital things simply left out which dont suit Lagana’s apparent purpose.
 [Maori] launches accusations against the press [although] the accused were able to benefit from a systematic information process in their favour and without any contradiction. One can see the case of, for example, the programme “Porta a Porta” which, in the months immediately preceding the Fifth Chamber judgment, had interviewed only Sollecito or his family and consultants, blatantly ignoring any requirement of an even balance, which instead had occurred previously, and all this in a programme on the public network..
This describes how even some arms of the Italian media became tainted and partisan and how the court officers were forbidden by the code of conduct from offering the kind of contradiction and rebuttal very common on American TV.
 Unfortunately, this procedural matter has been marked by pressures (often accompanied by menaces) and defamations which the investigators, themselves as well, have suffered in the media, by a very serious activity of disinformation and from serious attacks on the personal and professional reputation of the investigators by numerous organs of information especially in the United States (like in fact CNN), [and] by the extremely challengeable behaviour of experts who, beyond having “forgottten” the existence of negative controls, had been seen by Dr Mignini (and, according to what has been said to him, also by the biologist at Scientific Police headquarters Dr Patrizia Stefanoni), to be having a long conversation and in a “private” manner, with the defence lawyers of the accused, in particular with Advocate Maori, before the hearing in which the experts were to be examined and cross-examined had started. This had happened in particular on two occasions, both in Piazza Matteotti, in front of the law courts building, one time in front of the main entrance and a second time, further back, in the direction of Via Oberdan, while [on a third occasion] Dr Stefanoni and Dr Comodi had seen them together, amongst the various defence lawyers for the accused, in a bar..
This illegal mingling of supposedly impartial court-appointed consultants with the defense teams, described in public writing here for the first time, should have been enough to see Conti and Vechiotti dismissed as consultants from the case, and further down the road facing charges.
 there are letters addressed to Dr Mignini, the first on paper with letterhead from the Supreme Court [sic] of the State of Washington (in which place is found Ms Knox’s city of residence, that is Seattle), on the part of judge Michael Heavey (now in retirement after having undergone a disciplinary proceeding for having used Washington State Supreme Court letterhead in a “private” letter addressed to his Italian counterparts) which turns out to have been written also to other magistrates involved, under various roles, in the proceedings and which claimed, with absolutely inconsistent reasoning, the innocence of Ms Knox, asking his Italian colleagues in a pressuring way to “acquit her”; or the highly contentious and clumsily inexpert comments of satisfaction concerning the judgment of the Court presided by Dr Pratillo Hellmann, by authority of the Government of the United States, as, to cite a couple of examples, the then Secretary of State Hillary Clinton and, above all, with repeated interventions in the proceedings under way, Senator Maria Cantwell, of the State of Washington
Failures in fact checking shows up the very one-sided nature of American politics and media coverage. Judge Heavey even wrote to the Presidents of the US and Italy and copied those letters to Congress. Italian court officials are highly restrained from response to protect themselves. Even now many Italians officials dont even know what was being said in English about them and what they were being accused of.
 All this evidences the very particular climate in which the proceedings unfolded, especially that of the first appeal, introduced by a summary by the Recorder Dr Massimo Zanetti in which the latter was not at all worried about affirming that in the proceeding that was then being opened the only certain thing was the death of Meredith Kercher, a phrase matching the one that the Recorder of the Fifth Chamber of the Supreme Court, Dr Paolo Antonio Bruno, pronounced according to what was referred to Dr Mignini by an advocate for the civil party.
What a remarkable coincidence. In the case of both statements this is not in accordance with the Italian appeals code. Frequent examples were quoted above of how the Fifth Chambers must accept the First Chambers rulings as givens, and the First Chambers in 2013 in effect ruled in annulling Hellmann that no appeal should be a whole new trial lacking the rather key prosecution part. Note that in March 2015 the Fifth Chambers heard at length from defense lawyers who had been seven years on the case - but no prosecutor from Perugia or Florence was even invited to be there.
5. And In Conclusion
This was a VERY solid case. As is said there, all the lists of evidence in the quotes above could have been longer. Here is a much longer list. Cardiol’s great four-part series on Certainties contains a long list. We have posted various other such lists of evidence, a list of hoaxes, and numerous lists of false claims, and many Powerpoints, and many questions for Sollecito and Knox. Plus even more lists via our right column here.
So it looks like the verdict could become unglued. Italian courts work to some extent on precedent and a tainted verdict could be a very bad precedent. Other prosecutors and judges will be getting similar messages to the judges, not least the judges of the First Chambers which normally handles the murder appeals.
Archived in Those officially involved, The prosecutors, The defenses, Supreme Court, Appeals 2009-2015, Nencini Report, Cassation 2015
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Monday, June 22, 2015
The Real Victim: Will The Cassation Report Promised Thursday Belatedly Suitably Acknowledge Her?
Posted by Slow Jane
I stepped out of the tube onto Tooting Broadway, with throngs of shoppers overflowing the pavements and schoolchildren milling around the bus stops in groups.
Now here at last, in Croydon Cemetery, fifteen bus stops later, I found Meredith’s grave, startling in its unexpectedness, after walking for quite a while, hopeless at following directions, having originally gone to the wrong graveyard altogether, the day before.
My heart pounded as her name suddenly leapt out at me.
The burial site is beautifully maintained, with miniature pink and red rose bushes and set in the peaceful landscaped grounds, with evergreens and lawns.
I stood for a while overcome with emotion, quite alone, with nobody in sight all around. I said a few prayers, including one pleading that Meredith’s murderers be brought to justice. I quietly sang Psalm 23 and pondered how this beautiful, funny, bright young student had lived a life that was all too short.
A feeling of pain - for her mother Arline and father John, and Stephanie, Lyle and John and for all her family and friends - contracted like a taut elastic band across my chest.
I recalled how at her funeral service at St John the Baptist Church many of the mourners, including sister Stephanie and friends from Leeds Uni had carried a single white rose each.
Stephanie read out a poem she wrote, “ Don’t Say Goodbye”. Her old school friends sang as a choir the requiem, In Paradisum. Two hymns sung at the service, on 14th December 2007, were ‘Abide with me” and “For the Beauty of the Earth”.
Meredith’s favourite record “With or without you” by U2 (below) was played.
As I sat on a creaky bench nearby under the shade of a gnarled old tree, I scribbled down the following lines:
- I came to pay my respects
To Meredith Kercher so dear
To all who knew her.
Go gently into that night
Enforced on you by the evil,
Those who walk in the darkness,
And you were in their path.
Your light shines
And the dark has not overcome it.
I write this article to reflect that this is about Meredith Kercher and her family and friends, and to reclaim the memory of her purity from the soiled agenda of the ex-defendants and the cruel IIP and FOA stalkers.
Stephanie Kercher had said, in response to Knox’s demand, on the launch of her “memoir”, that she be taken to visit Meredith’s grave, that Stephanie and her family just want a safe place for Meredith to rest in peace.
I cast my mind back to the news reports that broke in November 2013 that Raffaele Sollecito had nevertheless paid a “secret visit” to the spot. He had been in London in March 2013. He had the grace not to include pictures of the grave on his “London” Facebook page that he may have taken.
Newspaper reports reveal he was taken there by an “English friend” and left no flowers. The “friend” who was quick to betray Sollecito’s “secret” is speculated to be one Nigel Scott, ex-Lib Dem Councillor in Haringey, and a purported member of the Injustice in Perugia advisory board, the rather grand name of a lobby of aggressive pro-Knox advocates.
Scott put up a picture of the grave in a tweet – hastily taken down – as the news broke. He disparagingly refers to the grave as being in “poor condition”, with a temporary headstone marker.
His co-campaigner, Karen Pruett, maintains a Find A Grave webpage for Meredith and was forced by demand from enraged supporters of Meredith Kercher’s family to take down the picture of Meredith’s grave, most probably taken from the Daily Mail.
Notorious FOA poster Lyn Duncan - who tweets under the name of @Annella - and others, left “tributes” after the acquittal, despite one of their party, Doug Bremner Jr, having referred to the Kerchers as “Nazis” and another mocking Meredith’s grave lacking a headstone as late as 2011, when Knox was first acquitted by Hellmann, as shown in the Daily Mail.
Time has shown how Scott’s, Pruett’s and other Knox chums’ characters speak for themselves.
Meredith’s final resting place is beautiful, in a quietly understated way. The grave adjacent is of a Liverpool supporter aged 22, who died around about the same time as Mez, who was 21. It is very poignant to see.
Meredith’s headstone is fashioned out of marble and reads, “ We will always love you MEREDITH SUSANNA CARA KERCHER 28th Dec. 1985 – 1st Nov. 2007 Forever in our thoughts, always in our hearts.”
Archived in Concerning Meredith, Her memory, Those officially involved, Victims family, Supreme Court, Appeals 2009-2015, Cassation 2015
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Monday, June 15, 2015
Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #4
Posted by Cardiol MD
1. SERIES OVERVIEW
This post continues a response to the March 27th, 2015 announcement of Cassation’s Fifth Chamber that it had decided that Amanda Knox and Raffaele Sollecito were Not Guilty of the November 2007 Murder in Perugia of Meredith Kercher.
The Fifth Chamber’s Reporting Judge Antonio Paolo Bruno, was reported to have said that the trials had “not many certainties beyond the girl’s death and one definitely convicted”.
In fact Judge Bruno was wrong.
As previously noted, the Existence, Timings, Durations, and General-Locations of all the telephone calls are a very fertile source of Certains, or Certainly-Nots. This is because civil telephone time-keeping all over the Earth’s surface, including in Italy, the U.S. and the U.K, use, and specifically did use in November 2007’s Perugia, the Coordinated Universal Time Protocol (CUT).
Coordinated time-keeping assures that the time assigned to a telephone event is accurate and very precise, independent of where it occurs. It’s almost as if these November, 2007’s Perugia ‘phone users were wearing criminal-offender’s ankle bracelets. CUT records enable decisive challenge to the credibility of a false witness (impeachment).
(Uncoordinated Time-keeping could have resulted in wrong times being assigned to a telephone event)
2. MORE SUCH CERTAINTIES
(A) SOLLECITO’S PHONE
43. IT IS CERTAIN THAT SOLLECITO’S PHONE WAS EITHER AFFIRMATIVELY SWITCHED-ON, OR HAD-BEEN-MOVED, AT 6:02:59 AM, 2 NOVEMBER 2007
Therefore, contrary to the Defense “reasoning”, cited below, there is Certain proof that Sollecito’s phone was switched on or had been moved at 6:02:59 am on 2 November 2007, and that Sollecito &/or Knox were awake at that time, contrary to their assertions, which are Certainly false:
Nencini Page 158:
“If in fact one can agree with the Defense reasoning by which there is no certain proof that at 6:02:59 am on 2 November 2007 Raffaele Sollecito’s phone was switched on (by himself or by Amanda Marie Knox, the only two present in the apartment) allowing  reception of the SMS sent to him by his father a good six hours earlier, the only logical alternative is that someone obviously moved the phone inside the apartment from the location in which it was positioned, and where it was not receiving the “signal”, to a different location in the apartment, where the “signal” was received.What matters, and what the Court finds proved, is that at 6:02:59 am on 2 November 2007 in the apartment at 130 Via Garibaldi, they were not in fact asleep, as the defendants claim, but rather the occupants were well awake, so much as to switch on or move the phones.”
More in this case:
(B) WITNESS ANTONIO CURATOLO
Antonio Curatolo had testified at the Massei Trial that he had seen Amanda Marie Knox and Raffaele Sollecito, from 9:30pm to around midnight of 1 November 2007 in Piazza Grimana”
However, the Hellmann Court of Appeal’s motivazione had rejected the reliability of Curatolo’s Testimony.
The SCC Panel, Annulling the Hellmann Court of Appeal’s motivazione had, in turn rejected and annulled Hellman’s Analysis of Curatolo’s Testimony, stating on pp 67-69:
“The Hellmann Court of Appeal rejected the reliability of the testimony of Antonio Curatolo which, in the reconstruction of the First Instance Court, had been taken as a basis of proof that the negative alibi offered by the two accused was false, and which constituted one of the tesserae of the mosaic which led to their being held to have been present at the scene of the crime. Incidentally, it is worth recalling that the First Instance Court held, via reasoning that was correct from both a legal and logical point of view, that the false alibi must be considered as evidence against [the accused], to be placed in relation to the other elements of proof in the context of the entire body of evidence.
This method of analysing the testimony, as observed by the Prosecutor General submitting the appeal, is absolutely subject to censure in that it displays a lack of the prerequisite thorough examination of the facts and circumstances, so that the conclusion that was reached [by the Hellman Court of Appeal] – that in indicating the two accused students as having been present in Piazza Grimana, he confused the evening of 31 October and the evening of 1 November – clashes with ascertained facts that seriously contradict such an absolutely certain assumption, so as to shed full light on the well‐foundedness of the charge that the justifying discourse is contradictory and thus manifestly lacking in logic (it was in fact proven by other facts that on the evening of 31 October that neither Knox nor Sollecito, who were both occupied, the former at Lumumba’s pub where she was preparing for the normal activity associated with the Halloween festival, the latter at a graduation party, could have been present in Piazza Grimana at around 11 PM).
The assertion that the sighting of the two young people by the witness should be shifted to 31 October (page 50 of the sentencing report) because the context described was more suitable to that day than the next day, since [the latter] did precede the arrival of the Scientific Police but  [was] taken out of context, is a manifestly illogical assertion, not only because it contradicts facts which unequivocally demonstrate that the two were not in the piazza on the evening of 31 October (a fact of fundamental importance in the context of the evaluations) and thus the impossibility of squaring the circle in the sense proposed, but also because it follows an utterly weak inferential rule.
Starting from the need to undo the knot of contradiction presented by the testimony (he saw the two young people the evening before the investigation of the Scientific Police and he saw them in the context of the Halloween festival), the Hellmann Court of Appeal, after having heard the witness testify a second time and after having verified that he erroneously placed Halloween on the night of 1‐2 November, they heard the witness reiterate that his temporal placement of the fact was anchored to the described presence of people who were all dressed in white and that, after midday on the day after he saw the two young people, he caught sight of the men in white in via della Pergola (a fact with a very high level of certainty, more than any other) together with the police: this notwithstanding, the Court reached the conclusion that his testimony could not be accepted due to the man’s deteriorating intellectual faculties and due to his lifestyle, since he was a detainee for drug dealing when he testified the second time and was a habitual heroin user.
Once again, the progression of the argument emerges as obviously illogical, in that the evaluation of the testimony should have been correlated (regardless of the conclusions, this being a discussion of evaluation methods) to the unique objective fact of absolute reliability (the presence of individuals wearing the white suits, the day after the sighting of the two in the piazza, at a time earlier than 11 PM‐midnight) because that is a fact whose existence is certain, which was a unique identifying circumstance, which could not but remain imprinted on the mind more than any other; while instead, once again, character issues were considered and asserted, furthermore, without any scientific examination that could ascertain whether the man’s intellectual faculties had deteriorated. Moreover, Curatolo showed up when called upon to testify, in both the first and second instance trials and, even well after the fact, he never had any difficulty recognizing the two accused as those whom he had seen in Piazza Grimana the evening before he noticed the men dressed in white (whom he called “extra‐terrestrials”) and the police in via della Pergola.
The fact that he had been a homeless man who spent all day in the piazza was not a reason for dismissing him as an unreliable witness out of hand, at the cost of colliding with the accepted principles on the matter of the reliability of testimony. In conclusion,  a contribution [that was] expressed with certainty and noted in the trial transcripts of the witness, and again during his second testimony (“as certain as I’m sitting here” he said of having seen the two accused the evening before the day in which he saw the men in white suits and the police), cannot be circumvented by merely referring to the character of the author of the contribution; this would have required a process of evaluation through facts with equally strong probative evidence.
Moreover, the opinion must be annulled and remanded, since the explanations of the reliability of the witness Curatolo are incomplete (as they did not take into consideration the facts that contradicted the conclusion reached by the Court), vitiated by an incorrect application of the laws governing the matter. The ‘precise and serious’ nature of the evidence provided by the testimony was dismissed in the [Appeal] opinion without testing its concordance with other evidence, on the basis of a conjecture (that the witness superimposed the evening of 31 October onto that of 1 November) that was not even confronted with the facts contradicting its conclusions”
In summary, this SCC Panel ruled that Hellmann’s Motivazione “must be annulled and remanded” because it ignored facts contradicting Hellmann’s conclusion, and incorrectly applied “the laws governing the matter”, “without testing its concordance with other evidence”, not even confronting Curatolo “with the facts contradicting (Hellmann’s) conclusions”.
44. IT IS CERTAIN THAT CURATOLO WAS PRESENT IN PIAZZA GRIMANA ON THE EVENING OF NOV. 1st, 2007
45. IT IS CERTAIN THAT CURATOLO TESTIFIED THAT HE SAW MEN IN WHITE SUITS, AND POLICE PRESENT IN PIAZZA GRIMANA ON THE MORNING AFTER HIS SIGHTING OF AMANDA KNOX AND RAFFAELE SOLLECITO IN PIAZZA GRIMANI.
3. AND MORE BEYOND REASONABLE DOUBTS
(A) WITNESS ANTONIO CURATOLO
The SCC Chamber’s reasons, given above, for Annulling And Remanding Hellmann’s conclusions re Curatelo’s misremembering the Date, in spite of his specifically remembering that it was the evening before he saw the Official Commotions relating to Meredith’s murder, justify the Conclusion that:
8. IT IS BEYOND REASONABLE DOUBT THAT CURATOLO SAW AMANDA KNOX AND RAFFAELE SOLLECITO IN PIAZZA GRIMANA ON THE EVENING OF NOV.1st, 2007 ON MULTIPLE OCCASIONS. A FEW YARDS FROM THE COTTAGE AT NO. 7, VIA DELLA PERGOLA, WHERE, IN THE SAME SPAN OF TIME, THE MURDER TOOK PLACE.
WITNESS MARCO QUINTAVALLE
Nencini p 156:
“Amanda Marie Knox went to Marco Quintavalle’s Conad shop around 7:45am on 2 November 2007, obviously in search of something to buy that she could not find. She was noticed by Mr. Quintavalle who, at the trial, identified her with certainty in the courtroom. So we are able to affirm that Amanda Marie Knox was lying when she claimed to have slept at Mr. Sollecito’s house in his company until 10am in the morning on 2 November 2007.
Having already been proven false by witness testimony, the alibi given by the accused is also proven false by comparing it with objective data, which tallies with the witness testimony referred to above.”
SCC. Annulling H/Z p 50
“In this case, [the Defence argues that] a re‐evaluation of the witness is not allowed, given that his testimony was correctly examined by the Hellmann Court of Appeal, knowing the lapse of time after which he offered his contribution to investigators. The witness’s statements were, for the rest, compared with those of his co‐workers, who referred to the doubts expressed by Quintavalle on the exactitude of his identification. There is therefore no lack of logic in the reasoning, since the lack of logic must be manifestly perceived, whereas minimal inconsistencies must have no influence”
SCC ANNULLING H/Z p 70-71
“In reality, the notice taken of the witness’s statements, as pointed out by the Prosecutor General, is absolutely biased, since the sighting out of the corner of the eye referred to the girl’s exit from the shop, whereas the witness specified having seen her at a close distance (between 70‐80 centimetres), adding that she remained imprinted on his mind “because of her very light blue eyes”, her “extremely pale face”, and “a very tired expression”.
Moreover, the witness clarified in his testimony that he became convinced that the girl who appeared in the newspapers was the one he saw in the early morning of 2 November 2007, given that the colour of her eyes could not be ascertained from the photo, but that he became certain once that he saw the girl in the courtroom. The selection made from the pool of information was absolutely one‐sided, which distorted the evidence to the point of making it appear uncertain, whereas the witness explained the reasons for his perplexity and the development of his conviction in terms of certainty.
As noted by the Prosecutor General in the appeal documents filed, this portion of the report assumed relevance within the framework of the reconstruction and required an explanation based on an examination of the entire testimony; instead, through a process of unacceptable selection, only some of the testimony was considered to be of value, indeed, only that portion considered to be consistent with a [specific] conclusion, one that in fact required rigorous demonstration.
The result, once again, is blatantly and manifestly illogical. What is at issue is not a re‐evaluation of the evidence – which is obviously prohibited by this Court, as the Defence for the accused has justly pointed out – but rather the need to point out a glaringly evident flaw that consists of an intolerable chasm between what is stated by the witness and what is acknowledged in the justifying arguments, on a point of significant importance, since it concerns the foundation of the alibi.
On this point also, the new judgment will have to be conducted in light of the preceding observations.”
Given the above:
9. IT IS BEYOND REASONABLE DOUBT THAT MARCO QUINTAVALLE SAW AMANDA KNOX IN HIS CONAD SHOP AT AROUND 7:45 am ON 2 NOVEMBER 2007.
Amanda Marie Knox was lying when she claimed to have slept at Mr. Sollecito’s house in his company until 10am in the morning on 2 November 2007.
To be continued, though we may need to wait until the end of June 2015 when SCC’s Motivazione is due.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Evidence & witnesses, The locations, The timelines, Other witnesses, Real crimescene, Appeals 2009-2015, Cassation 2015, Cassation 2015 critiques, Cardiol critique
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Saturday, May 23, 2015
When Not Itself Nefariously Influenced, Italy’s Supreme Court Usually Sustains A Hard Line
Posted by Peter Quennell
The President of Italy at the first of a planned series of anti-mafia rallies
If there are any jurists in Italy who think the Fifth Chambers respected the law and the huge evidence, they are sure not speaking up yet.
A bent outcome? Certainly there have been attempts by organized crime and other unsavory elements to bend all the Italian courts at all levels (think Hellmann) and even at the Supreme Court level there seem to have been instances of successful bending.
But whereas in the US the administration of most justice is highly localized and most jurists have to run to keep up with evolving cases and trends in their own states, justice in Italy is highly centralised and all judges and lawyers follow all main cases.
Routes are many to keep an outcome that stinks from being left that way.
We are told to expect a scathing outpouring from numerous jurists when the Fifth Chambers pushes its report out. Also almost certain legal action and possible retaliation against Judges Marasca and especially Bruno via the powerful Counsel of Magistrates.
As their nervous defense lawyers will know all too well, two things in particular are not auspicious for Knox’s and Sollecito’s final outcome.
First, a huge push is now starting to finally rid Italy of the mafias. Like it or not Sollecito is related to mafioso of the same name and the seaside town in the Dominican Republic which he visited several times in recent months is said to be a thriving mafia hangout.
Now President Mattarella (himself a judge and mafia fighter) has kicked off a series of rallies throughout Italy to give all of the population courage and positive expectations. If he is appealed-to to reverse the Fifth Chambers verdict in Meredith’s case and he suspects organized crime had a vested interest in humiliating the Florence courts he may side with that appeal.
Second, if Cassation finds a way to revert to form on Meredith’s case it can be expected to reflect the hard line it demonstrated against the Hellmann-appeal outcome in 2013 and the hard line in for example this case among many similar.
Partners who manifest extreme jealous behaviour towards their other half are guilty of mistreatment, Italy’s highest court of appeal has said.
Italy’s Court of Cassation on Thursday overturned the acquittal of a Sicilian man for mistreating his wife.
The husband, who is from Sicily, allegedly suffered from “morbid jealousy”, also known as “delusional jealousy”, a psychological disorder in which a person wrongly believes their spouse or sexual partner is being unfaithful without having any real proof to back up their claim.
His jealous behaviour included constantly accusing his wife of being unfaithful, reading her text messages and even demanding that their daughter get a DNA test.
According to the Italian daily Il Fatto Quotidiano, his behaviour was so extreme that his wife even quit her job as a flight attendant because he said the job was “not suited to a respectable woman”.
In May 2014 an appeal’s court in Palermo, Sicily, acquitted the man of mistreating his wife.
But on Thursday Italy’s highest court overturned the acquittal, stating that such behaviour amounted to “psychological harassment”, a crime punishable by law.
“Constantly hassling the spouse with continuous manic and obsessive behaviour inspired by morbid jealousy constitutes mistreatment,” the court said, according to Il Fatto Quotidiano.
His behaviour caused “significant imitations and constraints in her daily life and choices, as well as an intolerable state of anxiety,” according to the court.
The case has now been reopened and the woman’s claims will be evaluated in another hearing, the paper said.
Jealousy a crime? Isn’t jealousy widely seen as a Knox trademark?
Archived in Those officially involved, Supreme Court, Appeals 2009-2015, Cassation 2015
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Wednesday, May 20, 2015
Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #3
Posted by Cardiol MD
1. This Series’ Foreboding Context
On March 27th, 2015 Cassation’s Fifth Chamber announced that it had decided that Amanda Knox and Raffaele Sollecito were not guilty of the November 2007 Murder in Perugia of Meredith Kercher.
The Fifth Chamber is but one of Cassation’s more than 75 Panels. It’s reporting Judge is Antonio Paolo Bruno. He mas dismissive of the massive evidence. He was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
Posts #1-#2 addressed the fact that, contrary to Judge Bruno’s pronouncement, the trials had Many Certainties, listing them under 30 enumerated Headings, but in total, there were many more Certainties and Certainly-Nots, listed in sub-headings.
The existence, timings, durations, and general locations of All the telephone calls are Certains, or Certainly-Nots. They bring the Total up to Many; Many more than 30; Certainly Not “not many”, as Judge Bruno asserted, Inappropriately, Deceptively, and Prejudicially.
Note the distinctions between when, and where Message-Received, and -Sent, versus When, Where and Whether Message-Read, e.g. Knox was near the Women’s Villa when her Telephone received Lumumba’s crucial message, but allegedly at Sollecito’s Flat when she First-Read his message. In Knox’s officially reported Q&A Testimony there was Confusion and Ambiguity over this issue, exploited to Knox’s advantage
2. Certainties 31 to 42
31 THE FINAL FATAL SEQUENCE
Details of the Fatal Sequence have been masked, over the years, apparently for humanitarian considerations, but such details should be available to readers who wish to more-objectively assess culpability. Here is what we have deduced:
Massei disagreed with the Reconstruction proposed by the Prosecution, which depicted Meredith on her knees, facing the floor:
a. Massei concluded that Meredith was in a standing position, facing her attackers:
MASSEI PAGE372-373: “…considering the neck wounds sustained, it must be believed that Meredith remained in the same position, in a standing position, while continuously exposing her neck to the action of the person striking her now on the right and now on the left. Such a situation seems inexplicable if one does not accept the presence of more than one attacker who, holding the girl, strongly restrained her movements and struck her on the right and on the left because of the position of each of the attackers with respect to her, by which it was easier to strike her from that [ End of p372; Start of p373: ] side. …”
b. Meredith’s autopsy was performed by Dr. Luca Lalli, but his detailed findings are not included in Massei’s report, they await their Translation into English.The Massei report includes only a limited paraphrase of Lalli’s findings.
32 CERTAINTY ONE re FINAL FATAL SEQUENCE
In “Darkness Descending - the Murder of Meredith Kercher” Paul Russell (Author), Graham Johnson (Author), and Luciano Garofano (Author) give clearer, more detailed descriptions of Dr. Lalli’s findings than Massei does.
On pages 72-74 of DD it emerges that the cut (Stab A) made by A large knife in Meredith’s neck was on the left-side, ran obliquely from left-to-right, almost parallel to her jaw, and slightly Upwards.
33 CERTAINTY TWO re FINAL FATAL SEQUENCE
DD does state that the knife entered 8cm vertically below her left ear, 1.5cm horizontally towards the front of her neck, but does not specify the cut’s length.
34 CERTAINTY THREE re FINAL FATAL SEQUENCE
A large knife created a gaping wound, visible only through the opened-skin of the Left-Side, continuing its travel under the skin, traveling across the mid-line plane, towards the right-side, exposing the oral cavity, fatty tissues and throat glands. Important jaw muscles were also severed.
35 CERTAINTY FOUR re FINAL FATAL SEQUENCE
As DD states, there was another stab wound (Stab B) on the right-hand side of Meredith’s neck, 1.5 cm long, penetrating 4 cm subcutaneously.
36 CERTAINTY FIVE re FINAL FATAL SEQUENCE
Stab B was made by a Knife smaller than the above large knife.
37 CERTAINTY SIX re FINAL FATAL SEQUENCE
The wound was shallow, did not create a gaping wound, did not cut important subcutaneous structures, but did create a route to the exterior through which blood from Stab A, then created by the large knife on Meredith’s left side could also exit to Meredith’s right side.
38 CERTAINTY SEVEN re FINAL FATAL SEQUENCE
g. The large knife had damaged no significant vessels of the Left-Side.
39 CERTAINTY EIGHT re FINAL FATAL SEQUENCE
i. Blood also flooded the subcutaneous tissues around the breech in the right-hand side of Meredith’s airway caused by the knife-stab on the left-side of her neck.
40 CERTAINTY NINE re FINAL FATAL SEQUENCE
j. This resulted in Meredith’s inhalation of her own blood.
41 CERTAINTY TEN re FINAL FATAL SEQUENCE
k. Meredith stops screaming, but now her blood seems to be everywhere, including over her attackers, and they quickly abandon her, already evading the accountability they are fully aware is theirs.
42 CERTAINTY ELEVEN re FINAL FATAL SEQUENCE
l. As DD comments, during Meredith’s Autopsy surprise was expressed that the Jugular Veins and Carotid Arteries (of both right and left sides) were intact.
Others who read about this murder, had concluded-then that the killers must have known about the major blood vessels (MBVs), but not about branches-of-Carotid-branches such as little RSTA.
3. Plus Beyond Reasonable Doubts
BEYOND ANY REASONABLE DOUBT ONE re FINAL FATAL SEQUENCE
c. Accepting Massei’s conclusion, Knox and Sollecito were standing-up and facing Meredith in Meredith’s room. Knox, Sollecito and/or Guede, were participating in the restraining of Meredith.
BEYOND ANY REASONABLE DOUBT TWO re FINAL FATAL SEQUENCE
d. Sollecito (or Guede) was holding the smaller Knife, probably in his right hand. This smaller knife made Stab B.
BEYOND ANY REASONABLE DOUBT THREE re FINAL FATAL SEQUENCE
Stab B preceded Stab A, and caused Meredith’s scream.
f. When Meredith screams Knox plunges Knife36 into Meredith’s neck in the above long-axis direction, from left to right, transecting Meredith’s Hyoid bone, first opening Meredith’s airway to the atmosphere, then transecting Meredith’s Right Superior Thyroid Artery.
BEYOND ANY REASONABLE DOUBT FOUR re FINAL FATAL SEQUENCE
e. Knox was holding Knife36, probably in Knox’s right hand, holding Knife36 against the left side of Meredith’s neck with Knife36’s point directed slightly upwards the right side of Meredith’s neck, the blade-label facing towards Knox, the palm of Knox’s right hand also facing towards Knox and the long-axis of Knife36 angled a few degrees above horizontal.
BEYOND ANY REASONABLE DOUBT FIVE re FINAL FATAL SEQUENCE
f. When Meredith screams Knox plunges Knife36 into Meredith’s neck in the above long-axis direction, from left to right, transecting Meredith’s Hyoid bone, first opening Meredith’s airway to the atmosphere, then transecting Meredith’s Right Superior Thyroid Artery.
BEYOND ANY REASONABLE DOUBT SIX re FINAL FATAL SEQUENCE
h. A thin stream of bright-red blood spurted from this artery to its exterior environment, probably through the cuts made in her skin to the outside by both knives.
(Consistent with bleeding from both cuts, Follain, in his book “A Death In Italy” states that Guede saw that blood was coming out of the left side of Meredith’s neck. Follain also states that Francesco Camana of the Rome forensic police, in Camana’s written report, that spurts of blood in the middle of Meredith’s chest made her sweatshirt more bloody on the right side than on the left side)
BEYOND ANY REASONABLE DOUBT SEVEN re FINAL FATAL SEQUENCE
i. The large knife was Knife-36, which had been brought to the murder room from Sollecito’s kitchen.
This series continues here.
Archived in Crime hypotheses, Various scenarios, Those officially involved, Supreme Court, Evidence & witnesses, The timelines, Appeals 2009-2015, Cassation 2015, Cassation 2015 critiques, Cardiol critique
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Friday, April 10, 2015
Those Pesky Certainties Cassation’s Fifth Chambers May Or May Not Convincingly Contend With #1
Posted by Cardiol MD
1. How Overload Can Overwhelm The Checks And Balances
The Italian Supreme Court (SCC) has 396 Judges in Rome and elsewhere.
Because of the enormous pro-defendant tilt in the system, the SCC hears about 80,000 appeals a year - more than all other Supreme Courts in the rest of Europe combined.
The SCC operates in panels, typically of 5 justices; that scales to about 4 appeals/panel/workweek, or about 1 appeal/panel/workday. A huge workload impinging on carefulness and promoting distraction and exhaustion.
Even with a law-clerk infrastructure, and the most ingenious exploitation of human concentrated-attention-span, highly questionable outcomes such as that for Meredith’s case would seem inevitable.
The four SCC judges panels (2008, 2010, 2013, 2015) which have ruled on various issues arising as Meredith’s murder case inched its way through the Italian legal system have been composed of different judge-combinations, with different skills, different knowledge, different education, and different experiences.
In many cases high-tech issues are an integral part of the evidence before the courts. This requires the enlistment of expert opinions because the judges may not be versant in the relevant high-tech issues. All sides, the defence, the prosecution, other interested parties, and even the judges, can cherry-pick experts for hire, who often use brazen sophistry to persuade the judges in the experts’ favour.
These facts may help to explain if not justify the unexpected conclusion of this current SCC judges panel which is now drafting the Motivazione.
2. Circumstantial Evidence And The Italian Requirement For Certainty
Near the start of the 2015 SCC hearings Judge Bruno, one of the 5 members of the Marasca SCC-Panel, was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
As we await this particular Motivazione intended to explain its decision, we will review the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings to establish what do constitute the certainties - of which in fact as Italian law defines them there is actually a large number.
In order to be classified as Circumstantial Evidence in Italian Law an evidentiary circumstance or fact must be true to the level of being a certainty. Note that this rule does not supersede BARD, it applies only to the the acceptance of individual items of evidence as circumstantial, so it can mislead and confuse authors and readers.
As will be noted below, under this Italian requirement the unverifiable RS/AK broken water-pipe story can not be classified as pro-defense Circumstantial Evidence. Therefore it cannot legally be argued as corroboration of the excuses of Knox & Sollecito, including their mop claims.
Sollecito’s father, Dr. Francesco Sollecito, did say that RS had mentioned the alleged-leak of Nov. 1st, 2007, in the father’s 221 seconds, 20:42:56 call of Nov.1st, 2007. Hellmann/Zanetti bought into this story, discussing it in their Motivazione.
AK is quoted by Nencini as referring to the alleged-leak in her testimony, but neither Galati nor the 2013 Hellmann/Zanetti-annulling SCC panel mentioned the alleged-leak. All seemed aware that there was no certainty.
3. An Explanation Of Why This Will Matter So Much In Future
In 2013 the SCC itself annulled most of the Hellmann-Zanetti verdict in part because there was an obvious parceling-out of the pieces of circumstantial evidence and a lack of assessment of each piece of circumstantial evidence. Hellmann-Zanetti had failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be resolved by cross-checking them and taking in account the whole.
Have the SCC judges themselves now made this same mistake? It is especially at this level that informed legal analysis in Italy of the pending SCC Motivazione will concentrate, future books on the case will concentrate, and the final degree of legitimacy will be established.
Given the peculiarity that the case was not referred back down to Florence for adjustment, worries at this level especially could be driving the very obvious nervousness of all of the defense counsels, shushing and restraining their clients in the presumed hope that the SCC judges really can square the circle and achieve legitimacy.
4. Certainties And Certainly-Nots In The Circumstantial Evidence
1. Fracture Of Hyoid Bone?
The SCC-Panel for Guede’s Sentencing (English Translation) wrote on Pages 4-5:
c) The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding from the vessels of both lungs.
This caused a haemorrhagic shock and asphyxiation by the presence of blood in the respiratory passages, an exitus [decease] placed at around 23:00 of Nov. 1 by the forensic pathologist.
The emphases are mine. The knife cut through the hyoid bone rather than fractured it (in the English version it should say that it severed the hyoid bone; this is a translation issue). A Certainly-Not then.
The wound certainly did not cause any bleeding at all from the vessels of either lung; this is not a translation issue. This is a factual error in the original Italian Sentencing Report. A Certainly-Not then.
(This shows how the SCC-Panel Reports are not infallible. Unfortunately the Marasca Panel will have to dredge-up some past, fallible SCC-Panel Reports in order to explain its own reasoning.)
2. Two Knives?
Massei Translation p377: “There must necessarily have been  two knives at the scene of the crime.”
Certainly! There were 2 major, penetrating knife-wounds into Meredith’s neck; one entering on the left-side, and one entering on the right-side, which was made by a pocket-knife of the size Sollecito customarily carried. The latter wound could not have been made by whatever knife entered on the left-side. Therefore 2 knives were Certainly used.
3. Single Blow?
Massei Translation p 371 ”…a single blow was apparently halted by the jawbone…”
The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted”, “did not…. have elements of certainty to establish” it was “stopped by the jawbone.” Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”
Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “near” the jawbone. Skin is soft and bone is harder but there is no way that the knife striking the jawbone or hyoid bone would halt the knife in this case, they would just roll with the blow, depending on the angle of attack.
Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife. When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.
If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action. Any implication in the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade, is a mistaken implication.
It is an old rule of materials-physics that a softer substance cannot mark a harder substance. [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would certainly not show signs of damage caused by the stabbing in this case.]
4. SMS Message?
It is Certain that at 20:18:12 on Nov.1st, 2007 Amanda Knox’s mobile-phone received the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the ‚Le Chic? pub on the evening of 1 November.
Remember that mobile-phones are equivalent to convicts’ ankle-monitor bracelets, their use creates with Certainty a record of the Times of cell-phone activities, the Location of the corresponding transmitter-cell, and hence the general location of the mobile-phone, especially Ruling-Out particular Locations e.g. Proving whether the carrier of the phone was in or out of the range of their home transmitter-cell. Call Verbal-Content is not publicly available.
Here the mobile-phone Record proves that Knox’s mobile-phone was Certainly-Not in Sollecito’s lodging-house at 20:18:12 on Nov.1st, 2007:
At the time of reception, Knox’s phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. Amanda Knox’s mobile phone, and therefore Knox herself, was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell.
This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub.
Knox was therefore Certainly Not at Sollecito’s Corso Garibaldi Lodging at that time, contrary to the allegation that she was, and Knox Certainly-Could have been at her Cottage.
5. SMS Reply?
At 20.35.48 on Nov.1st, 2007, Amanda Knox Certainly sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when her on Nov.1st, 2007 mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7 - no other [use] was shown for the day of 1.11.07, noting that Amanda declared during hearings that she had switched her mobile phone off once she had returned 323 to Raffaele’s house, claiming she was more than happy she did not have to go to work and could spend the evening with her boyfriend.
(Knox may also have been LESS than happy that Lumumba preferred Meredith instead of Knox as an employee. This was perhaps humiliating enough to Knox for Knox to decide that the time to cut Meredith down-to-size was now.)
6. Bomb Threat?
Massei Translation page 25: On “the evening of November 1, 2007 at around 10:00 pm, someone called and warned Elisabetta Lana not to use the toilet of her dwelling because it contained a bomb which could explode. Mrs. Lana immediately notified the police of this phone call; and they came to the house but did not find anything….”
This call was Certainly received, the Police Certainly came to Mrs. Lana’s home, presumably not long after 10: pm on the evening of November 1, 2007 (Time & Duration of Police presence apparently not publicly-available).
The Courts must know those times accurately and precisely; reasonably assuming them to be after Meredith’s murder, and near the time of the Phone-Dump (Otherwise, the necessary combination of coincidences is too implausible).
It is most likely that the visible, and possibly audible, presence of Police triggered the panicked disposal of the Cell-Phones down the steep slope that falls sharply into the valley below.
There is no need to invoke any awareness by the phone-dumper[s] of the reason(the hoax-call) that the Police were near Mrs. Lana’s residence.
So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off).
According to John Follain the slope is heavily overgrown with trees and bushes, an ideal place to dispose of evidence. If the phones had fallen just a few yards further, they would certainly have gone over the edge of the cliff, down into a 50m gully, straight into a thick scrub of nettles, and probably been lost forever….
7. Phone Dialings?
There were four dialings on Meredith’s mobile phones after her arrival home on the evening of 1 November ‘07:
i. 20:56 hours on 1 November 07, attempted call to Meredith’s mother’s home in England.
ii. 21:58 hours on 1 November 07, attempted call to mobile phone’s answering service, voicemail ‘901’.
iii. 22:00 hours on 1 November 07, dial to Meredith’s London bank ‘ABBEY’.
iv. 22:13:29 hours (9 seconds) on 1 November 07, attempted internet connection. Connection consistent with being attempted from cottage, but inconsistent with being attempted from Mrs.Lana’s.
These dialings are Certain with regard to Existence, Timings, and Location.
Massei Translation, page 331, attributes the above 4 dialings to Meredith absent-mindedly playing with the mobile phone in her hand, and her phone may well have still been in her hand when her attackers surprised her.
8. Phone Location?
Was Meredith’s Phone still in the cottage at Via della Pergola at 22:13:29 hours on 1 November 07? Yes. Certainly.
9. A Tow Truck?
At about 22:30 hours Car broken-down nearby. Tow-Truck called-for.
At about 23:00 hours Tow-Truck arrives to load car.
At about 23:13 hours Tow-Truck leaves with loaded car.
These events Certainly occurred, but those times are approximate.
10. Francesco Called?
@23:41:11 RS’s father attempts phone-call but makes no oral contact. Father leaves message which is not received until 06:02:59 on 2.11.07.
This 23:41:11 call was attempted during the very time-frame of the attack on Meredith, her murder, and the flight of her killers with her mobile telephones. Meredith’s Phone[s] were removed from her cottage by about Midnight, less than 20 minutes after this attempted call.
These phone calls are Certain wrt Existence, Timings, and Locations.
11. Phone Location?
For 2.11.07 the first record is that of MKP - 0:10: 31, (i.e. Very early in the a.m. 10 minutes and 31 seconds after midnight) “when it has been established as an incontrovertible fact that Meredith’s English mobile phone was no longer in Via della Pergola, the mobile phone having received the contact under the coverage from Wind signal [cell] ..25622, which is incompatible with the cottage.”
Was Meredith’s Phone still in the cottage at Via della Pergola at 00:10: 31, 2.11.07? No!
Therefore Meredith’s English mobile phone had been removed from her cottage between 10.13.39 p.m. on 1.11.07 (more likely about 11.13 p.m. when tow-truck departed) and 0:10:31 on 2:11:07; about 10 ½ minutes after midnight – say Meredith’s Phone[s] Removed By About Midnight, allowing for the time-elapse before being dumped near Mrs. Lana’s place. (Hellmann falsified this time-span on page 14 of his report, stating it to be more than 10 hours after midnight rather than about 10 ½ minutes after midnight.)
12. Phones Stolen?
At some time before Meredith’s attackers fled, they had seized her mobile telephones, probably near the beginning of the attack, having started their attack with a pre-emptive strike to intimidate Meredith, remove all hope, surround her, display knives, seal all possible escape-routes, and remove any possibility of phone-calling for help.
Immediately after Meredith’s scream her attackers had silenced her with the fatal stabbing, and then fled immediately.
They fled with her already-seized but still switched-on mobile telephones, probably without locking anything, including Meredith’s door.
Their over-riding and 1st imperative was not-to-be-caught-at-the-crime-scene.
See item 6. above.
13. Crimescene Meddling?
Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was ‘an inside job’, and simulating the appearances that it was ‘an outside job’.
One should bear in mind that these killers should have still been overwhelmed by their having actually committed a crime beyond their wildest imaginings.
Their panic impaired their thinking, and their ignorance, immaturity, inexperience, lack of technical resources and their arrogance precluded their selecting deceptions more effective against knowledgeable, experienced professional crime-investigators with a large fund of resources. They probably think that throwing the stone from inside Filomena’s room was a brilliant deception.
They wish it had never happened.
They wish they could make it unhappen (Hellmann/Zanetti got close to fulfilling this wish, but got themselves unhappened by Cassation)
They wish they could prevent the discovery of Meredith’s murder.
They cannot prevent the discovery of Meredith’s murder.
They may be able to postpone its discovery, but not longer than the inevitable return of the cottage-mates, later that day.
They believe that the person who ‘discovers’ a murder may become 1st-suspect.
They may be able to manouevre others-than-themselves into being the ones that make the discovery – quite a wily aim.
It is beyond reasonable doubt that:
Meredith’s killers seized her mobile telephones, and that
Her killers did not switch-off these mobile telephones, and that.
Her killers threw the telephones into an apparent ravine, landing in Mrs.Lana’s garden, and that
This phone-dump was accomplished before 00:10: 31, 2.11.07, and that
Amanda Knox caused:
- i. the English phone to ring at 12:07:12 (16 seconds) and be discovered by Mrs.Lana’s daughter only because it rang , and
ii. the other phone, registered to Filomena Romanelli, to ring, very briefly, at 12:11:02 (3 seconds) and,
iii. the English phone to ring again, also very briefly, at 12:11:54 (4 seconds), after being brought into Mrs.Lana’s house. 6. Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.
In the opinion of the Court of Assizes (Massei Translation p.325), Amanda Knox’s call to Meredith’s phone was
...the first indispensible step before putting the  planned staging into action. The lack of a reply, since the poor girl was obviously already dead, gave a reason for reassurance about the fact that the young woman’s phone had not somehow been retrieved, [and] was therefore safe in the spot where it had been thrown, which, according to the expectations [in the minds] of the murderers was a precipice or some other inaccessible spot, rather than in the garden of a villa located barely outside the city, where the vegetation concealed it from view.
Knox may well have expected that she was safe from phone-discovery, but these calls turned out to be the very instrument of a phone-discovery.
Had Knox not made these obfuscatory stabs, in the time-frame she made them Meredith’s phone would not have rung when it did ring and would therefore not have been discovered by Mrs. Lana’s daughter when she did discover it.
14. Phone Switched On?
For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following:
00:10:31; duration and caller unspecified, but Wind signal [cell] incompatible with cottage, but compatible with Mrs. Lana’s place.
Therefore, Meredith’s mobile cell-phone had already been taken away from the cottage by her killers. It is not possible to determine from this phone-record whether the phone was switched on or off, but this phone was discovered at Mrs. Lana’s place because it was ringing, and therefore was “on”.
12:11:02 (duration of 3 seconds): Knox’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.
12:11:54 (4 seconds): another call is made by Knox’s phone towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)
Three more phone-calls Certain wrt Existence, Timings, and Locations.
15. Francesco SMS Received?
At 06:02:59 Raffaele Sollecito received the SMS from his father allegedly wishing Raffaelle a good night; from the evidence of the mobile phone record printouts of Dr. Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07
3+ Hours after receiving his father’s message from 23:41:11 of 1.11.07:
At 09:24 Raffaele Sollecito received a phone call from his father lasting 248 seconds]
At this time RS’s consiousness would be dominated by his guilty knowledge, and probably far-advanced in the accomplishment of the 3rd imperative.
Did RS and father spend 4+ minutes discussing the weather?
This is the first father/son opportunity to formulate the two-pronged water-leak story.
Although AK had already been to the hardware store 2 hours before, they may well not have known the potential DNA problems with the knife, the need to scrub it vigorously, to clean-out, and repair the drain-pipes under the sink, and the need to return the knife to RS’s kitchen drawer.
As it turned-out, Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.
They probably did not know that incriminating stains could be invisible, but can be revealed by Luminol.
16. Francesco Calls Received?
At 09:29 another call was received lasting 38 seconds
At 09:30 (duration unspecified?) the father called Raffaele; the call connected to the Vial Belardi sector 7 cell.(the best server cell for Corso Garibaldi 30).]
These two calls, Certain wrt Existence, Timings, and Locations, were probably spent dotting ‘i’s, crossing ‘t’s, and exchanging options, such as enlisting sister Vanessa’s skills and contacts.
17. More Calls Later?
Another 2+ Hours later:
At 12:07:12 (duration of 16 seconds) Amanda calls the English phone number 00447841131571belonging to Meredith Kercher. The mobile phone connects to the cell at  Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (the signal from this cell is picked up at Sollecito’s house)
At 12.08.44 (lasted 68 seconds) Amanda calls Romanelli Filomena on number 347-1073006; the mobile phone connects to the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell (which covers Sollecito’s house)
Discovery will be inevitable when Filomena eventually arrives-back at the cottage.
AK/RS have accepted that they have to ‘stand-pat’ with their efforts so-far to accomplish not-to-be-the-“discoverers”-of-Meredith’s-body.
Amanda did not say a word in this phone-call to Filomena about Amanda’s phone call to Meredith, thereby withholding information that should have led Amanda to initiate discovery of Meredith’s body, and help Amanda to manouevre someone other than Amanda into being the one who ‘discovers’ Meredith’s body.
At 12:11:02 (3 seconds) the Vodafone number 348-4673711 belonging to Meredith (this is the one [i.e. SIM card] registered to Romanelli Filomena) is called and its answering service is activated (cell used: Via dell’Aquila 5-Torre dell’Acquedotto sector3)
18. Yet More Calls?
For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following 5 calls, Certain wrt Existence, Timings, and Locations:
- i. 12:11:02 (duration of 3 seconds): Amanda’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.
ii. 12:11:54 (4 seconds): another call is made towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)
iii. 12:12:35 (lasting 36 seconds) Romanelli Filomena calls Amanda Knox (No. 348-4673590); Amanda receives the call connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3 (still at Raffaele’s house)
iv. 12:20:44 (lasting 65 seconds) Romanelli F. calls Amanda, who receives the call connecting to the cell in Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (good for Corso Garibaldi 30)
v. 12:34:56 (48 seconds): Filomena calls Amanda who receives it from the cottage on Via della Pergola 7 (the cell used is that on Piazza Lupattelli sector 7. As mentioned, Raffaele also used the same cell when he called the service centre at 12:35 hours to recharge [the credit of] his mobile phone)
19. RS Phone Location?
At 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)
At 12:38: Vodafone sent R.Sollecito a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)
At 12:40: incoming call from RS’s father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)]
At 12:47:23 (duration of 88 seconds): Amanda calls the American (USA) number 00120069326457, using the cell on Piazza Lupatetlli sector 7; the phone call takes place prior to the one which, at 12.51.40, Raffaele Sollecito will make to ‚112?, connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 1, which gives coverage to Via della Pergola 7]
In “Waiting To Be Heard” Knox can hardly deny having made this 1st call, acknowledges making the call, and purports, now, to recall its substance, providing the reader with her version of what was said.
At 13:24:18 (duration of 162 seconds): Amanda calls the same American number which corresponds to the home of her mother, Mrs Edda Mellas, using the same cell. It is obvious that the young woman is inside the cottage, where by this point, several minutes earlier, the Postal Police had shown up,  represented by Inspector Battistelli and Assistant Marzi, who were engaged in the task of tracking down Filomena Romanelli, who was the owner of the Vodafone phonecard contained in the mobile phone found earlier in the garden of the villa on Via Sperandio]
In “Waiting To Be Heard” Knox can hardly deny having made this 2nd call either, she acknowledges making the call, and provides the reader with her current version of what was said.
20. More Phone Locations?
At 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320
At 12:51:40 Raffaele Sollecito called ‚112? to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)
At 12:54: a second call by Raffaele to ‚112? (57 sec.; connection to Piazza Lupattelli sector 7 cell)
Three more Sollecito calls Certain wrt Existence, Timings, and Locations.
21. More Phone Locations?
At 13:17:10 (lasting 1 second) to Meredith’s phone: the cell used was located in the same place, sector 7
At 13:27:32 (duration of 26 seconds): Amanda calls the American number 0012069319350, still using the cell at Piazza Lupattelli sector 7.
At 13:29:00 (duration of 296 seconds) Amanda receives [a call] from No. 075/54247561 (Piazza Lupattelli sector 7 cell)
Three more Knox calls Certain wrt Existence, Timings, and Locations.
22. Another Phone Location?
At 13:40:12: incoming call from his father to RS (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)
Another Sollecito call Certain wrt Existence, Timings, and Locations.
23. More Knox Calls?
At 13:48:33 (1 second): this is an attempted call to AK’s mother’s number
At 13:58:33 (1 second): this is an attempted call to her mother’s number
The above item is a faithful translation from the Massei Motivazione section on Amanda Knox’s mobile phone traffic, but is listed out-of-time-sequence; the assigned-time is probably a ‘typo’ – “13:48:33” is much more likely correct.
Two more Knox calls Certain wrt Existence, Timings, and Locations.
24. Francesco Call?
14:33: Sollecito’s father called Sollecito for 21 seconds (as above)]
Do RS and father exchange more caveats in their call Certain wrt Existence, Timings, and Locations?
25. More Knox Locations?
At 14:46:14 (102 seconds) Amanda receives a call from the German number 494154794034, most likely belonging to her aunt Doroty Craft
Call to Meredith’s phone at 15:13:43 (5 seconds) cell not indicated.
At 15:31:51 (1 second): Knox receives an SMS sent from the number 389/1531078; at this point the cell being used is the one on Via Cappuccinelli 5/A sector 2, where the Questura [police headquarters] is located.
Two more Knox-related calls Certain wrt Existence, Timings, and Locations.
In the hours that followed the [mobile phone record] printouts show that the answering service of Amanda’s number 348-4673590 was activated due to a lack of signal coverage.
Massei Translation p.324:
Finally, the analyses of the [phone record] printouts highlight that the first phone call made by Amanda on the day of 2 November was to Meredith Kercher’s English number.
The American student called her English flatmate even before contacting Romanelli Filomena to whom she intended to express, as she testified in court, her fears about the strange things she had seen in the cottage, which she had returned to at about 11 o’clock in order to shower in preparation for the excursion to Gubbio which she and Raffaele had planned.
It is strange that Amanda did not say a word to Filomena about the phone call to their flatmate, when the call, not having been answered, would normally have caused anxiety and posed some questions as to why Meredith did not answer the phone at such an advanced hour of the day.
26. Sollecito Locations?
At 17:01: RS’s father called RS for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station
At 17:42: RS’s father called RS for 97 seconds (as above).
With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)
The above 2 calls presumably covered final agreements on the Father/son stories.
For the entire day of 1 November and then of 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing.
This series continues here.
Archived in Those officially involved, Supreme Court, Evidence & witnesses, The locations, The timelines, The two knives, Other physical, Cellphone activity, Trials 2008 & 2009, Massei prosecution, Appeals 2009-2015, Cassation 2015, Cassation 2015 critiques, Cardiol critique, Hoaxes by Knox, Knox alibis hoax, Hoaxes by Sollecito, Sollecito's alibis
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Tuesday, March 31, 2015
A Shaky Castle Of Cards At Best: The Long-Term Fight For Legitimacy Begins
Posted by The TJMK Main Posters
1. Current State Of Play
As we so often hear, true justice has to be SEEN to be done.
At the end of the day it’s the legitimacy that counts - whether most informed people buy in - and the fight for this could play out over years.
Maybe that was on the minds of the tense Sollecito lawyers seen above after the surprise outcome was announced. Can those five judges make what seemed like a shoot-from-the-hip decision stick?
Back in 2009 the prosecution put on a very fine case, after Knox and Sollecito had failed six great opportunities in 2007 and 2008 to be let out. Prosecutors touched all the bases fast and, including what was presented in closed court, offered a very legitimate case for guilt which a unanimous panel of judges bought into.
Defense attorneys were rumored to be despondent and they never really hit a high point. Sollecito talks in his book about Maori having little conviction in him. Bongiorno was said to feel the same way and to not like Sollecito very much. Several times she was a surprise no-show in court. Ghirga was affable but uncomfortable, and sometimes he dozed off.
Was there under UK and US common law a strong case for an appeal? Under UK and US law an appeal must be requested, and a judge must decide. We have yet to read one opinion by a UK or US judge (and yes, they do write) that a case for granting an appeal was very strong.
In other words, under UK and US common law, the unanimous verdict and sentence would almost certainly have been it. All three would be serving their terms, and five years ago the whole world would have moved on.
In 2010 a clear case of judge-shopping occurred. Dont take our word for it - the senior and very experienced criminal-law Judge Chiari openly said he had been pushed aside as he resigned. He had been one of Italy’s finest prosecutors, and mentally and in terms of the law and grasp of the facts he was a giant compared to the bumbling ill-qualified Hellman, a business judge with only one other murder trial (a fiasco) in his past.
Throughout 2011 legitimacy swayed this way and that. The prosecutors began to smell a lot of rats and Prosecutor Comodi publicly said so. The chief prosecutor Dr Galati (who had just arrived from the Supreme Court) maintained that it didnt altogether matter, because he just knew the Supreme Court would throw a bum outcome out.
He was right. In March 2013 the elite First Section of the Supreme Court threw the bum outcome out, except for the part about Knox framing Patrick for which she had served three years.
The elite First Section handed the case back down to a new court, the Florence appeal court.
The Florence courts are staffed with very fine prosecutors and judges as they often handle national cases. Right now that court is handling a major investigation into national government corruption on a grand scale, Knox adulator Rocco Girlanda is one of those named.
National politicians under the gun like to knock chips off the courts given half a chance. Ex PM Berlusconi’s allies were said to have this as a fairly consistent aim. Any outcome ever in Rome which takes the Florence courts down a peg (as now) gets a lot of close looks.
Rumors abound in Rome that the president of the group of five judges and maybe one other felt the outcome of the Florence appeal court was the right one. If this is true, they may have never bought in and may now be only going through the motions with a forced grin.
The president of the court already issued an explanation of sorts. This has many in their peer group - the Council of Magistrates (which edged Hellmann out - refused him a promotion so he had nowhere to go) and all of the other judges and prosecutors in Italy - scratching their heads and wondering how in the Sentencing Report the circle can be squared.
Meanwhile on other fronts legitimacy is now on the line. Sollecito is due back in court in Florence on false claims in his book on 30 April. Knox’s calunnia trial is due to resume again shortly in Florence with expanded charges targeting false claims in her book. The Oggi trial for quoting false claims in Knox’s book has a testimony session 16 June.
The final verdict and sentence maybe cannot be wound back and their chances of serving more time for murder and a sex crime are remote. (Knox could be sentenced to more time at her second calunnia trial).
But the circumstances in which they are walking around may come to look very odd. The Supreme Court actually can be sued now for an inexplicable outcome, and made to take another look.
The President of the Italian Republic (who is the ultimate head of the justice system) can be petitioned to step in. Political parties like Beppe Grillo’s astonishingly popular Five Star Movement (said to be already snooping) have a lot of power to make things come unstuck. .
So, in the months and even years ahead, this is clearly going to be a long game, with legitimacy as the ultimate prize. Sorry, Sollecito and Knox, but it aint over till the fat lady sings.
2. New Developments Indicate Concern
Seven developments in this race for legitimacy points suggest that the RS and AK camps are very concerned about it, and are not at all sure what to do.
1) Francesco Sollecito is quoted as asking Guede to endorse the outcome. Guede already said the opposite although his main statement was in the annulled Hellmann appeal. Aviello is still on trial by the way, in 2011 he pointed at the Sollecitos as not playing by the rules.
2) Francesco can be sure Guede wont actually speak out, as he will have his own legal action in the works to get his case reviewed. That could go to another section of Cassation and if they rule differently really open a can of worms.
3) Sollecito has spoken out heatedly and vengefully on Italian TV in effect wanting the Italian state to pay him off in a big way and everybody else to believe him or shut up.
4) Bongiorno publicly disagreed with him and she said such actions need to be considered with a cool head down the road.
Report on the Il Tempo website.
Lawyer Bongiorno. “In the coming days we will evaluate request for compensation,” announced Raffaele’s lawyer, Giulia Bongiorno, after the acquittal of the young man for the murder of Meredith Kercher.
“There are feelings of revenge in Sollecito’s soul,” added the lawyer today. “We will wait for the motivations. Not thrash/lambaste those who might have done [Sollecito] wrong.”
“We’ll see if there were errors and what measures and initiatives could be undertaken. Civil liability - she concluded - is a serious institution that should not be exercised in the spirit of revenge.” (Translation by Guermantes on Dot Net)
5) Barbie Nadeau quotes an Italian expert who says that because RS and AK both provably lied to the police and led them astray, any claim for compensation could be dead on arrival.
Bongiorno may already realise this. She may also realise that having a litany of lies read out hardly advances their quest for legitimacy points.
6) This is previous news. Bongiono passed on being the lead lawyer in Sollecito’s book case. Nothing could cost legitimacy points more than a loss at the Florence trial on the false claims in RS’s book.
Note that at the moment few Italians - including Cassation - know what is in the book. It is possible Bongiorno wants to make herself scarce before the legitimacy points just gained head down the tubes.
7) The Fischer disinformation group (see posts coming up) has moved from shrill to frantic harrassment mode.
Let’s guess. Bongiorno and the other Perugia lawyers would think that a really bad idea, as Knox and RS are still on trial and abuse wont make that go away. Legitimacy if any will come not from strongarming but from cool heads.
Here’s betting all 4 main lawyers and both families would like to keep RS and AK on a really short string. Nothing will screw them like yet another of their open spats.
Right up to last week RS was still distancing himself a mile from Knox.
Archived in Those officially involved, The defenses, Supreme Court, Appeals 2009-2015, Cassation 2015
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Monday, March 30, 2015
Appeal By RS And AK Against Florence Court Verdict: The Supreme Court Dispositivo
Posted by The TJMK Main Posters
1. Dispositivo issued by Judge Marasca
Dispositivo: VISTO L‘ART. 620 LETT.(A) C.P.P.; ANNULLA LA SENTENZA IMPUGNATA IN ORDINE AL REATO DI CUI AL CAPO (B) DELLA RUBRICA PER ESSERE IL REATO ESTINTO PER PRESCRIZIONE; VISTI GLI ART. 620 LETT. (C) E 530, COMMA II C.P.P.; ESCLUSA L’AGGRAVANTE DI CUI ALL’ART. 61 N. 2 C.P. IN RELAZIONE AL DELITTO DI CALUNNIA, ANNULLA SENZA RINVIO LA SENTENZA IMPUGNATA IN ORDINE AL REATI DI CUI AI CAPI (D) ED (E) DELLA RUBRICA PER NON AVERE I RICORRENTI COMMESSO IL FATTO; RIDETERMINA LA PENA INFLITTA ALL RICORRENTE AMANDA MARIE KNOX PER IL DELITTO DI CALUNNIA IN ANNI TRE DI RECLUSIONE.
seen art. 620 lett. A) c.p.p.;
annuls the impugned verdict as for the charge in count B) of the indictment section because the time of limitation of the offence has expired;
seen articles 620 lett. L) and art. 530 second paragraph of c.p.p.;
excluding the aggravating circumstance under art. 61 n.2 c.p. in regard to the felony of calunnia, annuls the impugned verdict without remand as for the crimes charged in counts A), D) and E) of the indictment section due to the recurrents not having committed the crime; re-determines the penalty inflicted to recurrent Amanda Knox in three years imprisonment for the crime of calunnia.
2. Some analysis by Machiavelli
Main poster Machiavelli (Yummi) reported the Fifth Chambers proceedings in previous posts. He advises:
(1) The statement “because they did not commit the crime” does not imply a finding of innocence under Italian law; and when the art. 530.2 is mentioned there is no possibility of a finding of innocence;
(2) There are major legal blunders: the Cassazione is not allowed to make any finding of facts of any kind, it does not assess evidence directly, and it may not mention 530.2.
(3) Also it cannot re-determine the penalty for calunnia, since the penalty for calunnia was already definitive.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Those officially involved, The defenses, Appeals 2009-2015, Florence 2014+, Nencini Report, Cassation 2015
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Thursday, March 26, 2015
Supreme Court Appeal By RS And AK Against Florence Court Rejection Of Their First Appeal #2
Posted by The TJMK Main Posters
Tweets from the court
New tweets from the court if any (we may have to wait for breaks) are being added under the various author’s names below. Numbering flows from Wednesday’s post.
Any breaking news
22. Reason for delay in the announcement is paperwork we believe, there were dozens of reasons for an overturn in the two written appeals, and they would have to be responded to one by one if appeal is denied. The Telegraph seems to be planning a live website feed though it may be from outside. .
21. Here is where Sollecito is headed if he makes it before any guilty verdict and the 2 police cars in his rear mirrors him stop him and take him in: 41°14’37.80"N 16°29’2.50"E Put that into Google Earth search and then descend to street view. Thats the gate for the compound, chez Sollecito is a couple of houses down on the left. Francesco Sollecito has addressed crowds of reporters there.
20. Video here of RS and his sister Vanessa leaving by side entrance, possibly for Bari. As Florence prosecutors are in court, this may be his way of ensuring he is not photographed being frogmarched out of there.
19. Knox undercut her own defence by stiffing Florence court. Could in new Florence trial face more years for criminal defamation. Moore & Burleigh & Fischer & other PR shills may face citations too, as their excesses outnumber those of Gumbel and Sforza already in court. Tweeting stalkers too. Communication Police looking now.
18. Italian ANSA report is calling RS lawyer Giulia Bongiorno’s address to the court “Bye Bye Amanda” as she says only questionable DNA relates RS to scene of crime. [Oh? Several footprints? Opposing knife wounds? Multi alibis? Computer? Cellphone?]
17. Media, please get it right: Amanda Knox was not “tried in absentia” at Florence “trial”. IT WAS HER OWN APPEAL and Italian lawyers argued with her for a week that she really needed to be there. Having abused so many in Italy, and put drug dealer in jail, was her no-show really such a surprise?
16. Strong-arming unethical Gogerty-Marriott PR firm closes down in Seattle with a final dishonest thump of the chest. Said to be freaked by potential legal liability. Maybe Knox herself should sue as they made her plight much worse.
15. So NYC Sollecito advisor John Q Kelly shows his face again. He was wildly wrong on the hard facts late 2009 and promptly disappeared.
Tweets from journalist Andrea Vogt
17. Heavy media & police presence at Italy’s high court this a.m. for final hearing in #amandaknox case. Sollecito’s defense at 9.
18. Raffaele Sollecito’s Italian and American lawyers Giulia Bongiorno & John Q Kelly just greeted in hall outside Aula Magna
19. Giulia Bongiorno on the lack of DNA from #amandaknox and sollecito in murder room: only a dragonfly leaves no trace.
20. Bongiorno casting doubt on forensic police dna interpretation. “Maybe, in science, does not exist. Either it is Raffaele ‘s dna or not.”
21. High court judges in #amandaknox case are going into deliberations now. They will alert all one hour before they announce decision.
22. Court can: 1) call appeal [outcome] inadmissable 2) accept it 3) reject it 4) annul convictions & back to appellate 5) annul convictions.
23. Members of Florence prosecutor’s office are at Rome court today for decision on #amandaknox / Sollecito appeal of their convictions.
24. #amandaknox convictions have been completely overturned. She is a free woman.
25. Both raffaelle Sollecito and #amandaknox convictions have been fully overturned. Cries of joy in courtroom from sollecito’s family
Tweets from main poster Kristeva
15. Follow @andreavogt as she has better phone reception than me. I apologize
16. Much larger crowd today attending the final hearing for #amandaknox & #RaffaeleSollecito
17. The general feeling among reporters is that #RaffeleSollecito might get a second appeal. no chance 4 #amandaknox
18. Several reporters interested in http://Themurderofmeredithkercher.com and will call me to have more info in the next days
19. I was asked how the #MeredithKercher support website started and I gave the whole history
20. Spoke to Maresca to thank him and in return he thanked our volunteer work for http://themurderofmeredithkercher.com
21. Reporters were also interested in PR machine for #AmandaKnox and I referred them to http://TrueJustice.org
22. After Bongiorno, Maori will give his arguments and Judges with enter chambers to deliberate verdict
23. Timing of verdict for #amandaknox and #RaffeleSollecito unpredictable. May justice 4 #MeredithKercher prevail. My prayers for family
24. [6.15 am US east coast time] Maori finished. Judges have entered chambers to deliberate verdict.
25. No more appeals. Case over #amandaknox #RaffaeleSollecito acquitted for murder of #MeredithKercher #SHAME
26. I am shocked
Tweets from main poster Machiavelli
17. [no tweets yet]
Tweets from journalist Barbie Nadeau
4. High court now deliberating fate of #amandaknox and #RaffaeleSollecito in #MeredithKercher murder case.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Those officially involved, Supreme Court, Appeals 2009-2015, Florence 2014+, Nencini Report, Cassation 2015, Extradition issues
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Wednesday, March 25, 2015
Supreme Court Appeal By RS And AK Against Florence Court Rejection Of Their First Appeal
Posted by The TJMK Main Posters
Tweets from the court
New tweets from the court are all being added under the various author’s names below. This will continue Friday for sure.
Any breaking news
13. Court is over for the day and will resume on Friday.
12. La Nazione reports: “The judgment of the Supreme Court on the murder of Meredith Kercher will not arrive before Friday 27, the day when the judges will meet in closed session. This was announced by the President of the Fifth Criminal Chamber of the Supreme Court, Gennaro Marasca, during today’s hearing.”
11. We dont know the local telephone network capacity there. But many cellphone transponders can handle only 24 calls at a time. Demand for “outside lines” could number in the hundreds from the entire court. Maybe there’s an open WAN but we doubt.
10. Regardless of outcome Knox legal problems could go on for years. Since 2009 she has faced calunnia charges for lying on the stand. Possible sentence six years. Now Florence court has added calunnia charges for lying in her book, in Oggi, on her website, and on American TV. Perception going back to Ricciarelli is she is dangerous and hurts people, even if final murder verdict is not in.
9. Popper says of Dr Pinelli: “In his late 50s (a young man ref Cassazione average), a career both in Abruzzo region (Avezzano where he was born in 1957) and L’ Aquila, and then Naples in the Procura Generale; then promoted to Cassazione. Very much acquainted with murders and organised crime.”
8. Popper says of Dr Marasca: “Section President of Cassation [one of the few] and member of Consiglio Direttivo, a sort of Executive Board of the Supreme Court ... one of the most experienced magistrates in Italy, born in 1944. Since 1970 a magistrate.”
7. News service ANSA: “The head judge is Gennaro Marasca. The lead prosecutor is Mario Pinelli. After the prosecutor has spoken it will be the turn of Maresca (for the Kerchers). Then they’ll hear from Bongiorno and Maori, Ghirga and Dalla Vedova”.
6. New report with today’s date from Barbie Nadeau on the CNN Website. Seems CNN like most US media no longer solidly in Knox camp.
5. The Court has placed a ban on live tweeting from inside the courtroom, where mobile phone reception is poor anyway. Reports will come during the breaks.
4. Best guess at timing of decision is late PM US East Coast time. In 2013 it came the next day.
3. As with previous court outcomes, expect long-form analyses of outcome by Machiavelli etc within the next few days.
2. New York Times’s Elisabetta Povoledo provides a good overview of today’s context.
1. See our own scenario for today and coming weeks in the event the Florence verdict and sentences is confirmed.
Tweets from journalist Andrea Vogt
1. Raffaele Sollecito is here in court, speaking with his lawyer Giulia Bongiorno. #amandaknox lawyers and Patrick Lumumba also present.
2. Cannot tell how the court is leaning. Reviewer made hurtful and helpful comments to both sides. Still could go either way. #amandaknox
3. Court pres Gennaro Marasca calls break until 2:30. PG Mauro Pinelli has another hour of arguments. Arguments & ruling could be Friday
[break for lunch]
4. There is a sense among some observers that the Court is differentiating between positions of amanda knox and raffaelle Sollecito.
5. Maresca: I am representing the Kercher family in court for the 8th time. I hope this will be the last arguments I give on their behalf.
6. Maresca: It is time for the Kercher family to finally be able to remove this poor victim from the law courts.
7. Ghirga: “its not that we want to blame the poor black guy, its that you cannot rule out a single aggressor.”
8. Lawyer Luciano Ghirga: The scientific evidence favors #amandaknox (no trace of her in the murder room).
9. Carlo dalla Vedova has launched a blistering attack on the state of Italian justice system and the problem of “the neverending trial.”
10. Dalla Vedova for #amandaknox: How can we tolerate in Italy that trials can go on forever?
11. Hearing over for the day. Raffaelle Sollecito’s defense will continue Friday, march 27.
12. Ghirga: “its not that we want to blame the poor black guy, its that you cannot rule out a single aggressor.”
13. Lawyer Luciano Ghirga: The scientific evidence favors #amandaknox (no trace of her in the murder room).
14. Carlo dalla Vedova has launched a blistering attack on the state of Italian justice system and the problem of “the neverending trial.”
15. Dalla Vedova for #amandaknox: How can we tolerate in Italy that trials can go on forever?
16. Hearing over for the day. Raffaelle Sollecito’s defense will continue Friday, march 27.
Tweets from main poster Kristeva
1. I have arrived outside Section V. Sollecito, father and Greta. Poor [cellphone] reception.
2. Spoke to Avv. Maori & asked him who general prosecutor is and he doesn’t know yet. there are 2.
3. Andrea Vogt has just arrived and speaking to Avv. Ghirga
4. American British Journalists are all talking to Avv Dalla Vedova now.
[court session starts]
5. Relator Judge P. A. Bruno laughs once and while getting names wrong such as Hallowo instead of Halloween.
6. Prosecutor finds Rudy’s climbing up wall 4 numerous times “crazy”
7. Paolo Antonio Bruno knows the case extremely well without ever looking at his notes.
[court breaks for lunch]
8. Prosecutor has ended. He asked without remand 28.3 yrs #amandaknox and 24.9 for #raffaelesollecito
9. Bongiorno has asked to speak on Friday so most likely verdict will be then.
10. Pacelli now on civil case for Patrick Lumumba
11. Maresca has now concluded. Confirms all points made by Nencini, the general prosecutor and Galati
12. Maresca was brief and concise and said that after 8 years he hopes this is the last time he has to make same arguments
13. Maresca says that everything asked by #amandaknox and #RaffaeleSollecito has already been asked at Perugia and Florence trial.
14. Maresca makes a big point about pages re Conti & Vecchiotti and calls them on their lie.
Tweets from main poster Machiavelli
1. Reporting Judge at SC for the Meredith case is Antonio Paolo Bruno.
2. The Prosecutor General is Mario Pinelli. President Judge is Gennaro Marasca.
3. PG said the Florence sentence “respects the indications set by the Cassazione”
4. PG: says courts, based on findings “correctly established that the theft was staged”.
5. PG: court “pointed out correctly” that there was a staging “in order to side-track investigation”
6. PG: “3 people attacked the victim” and “there was no fight” unless you mean “attempts to defend herself by restrained victim”
7. PG: Florence decision not to repeat computer analysis on Sollecito’s laptop is “not censurable”
8. Sollecito reported nervous when PG observes computer data defence objections are irrelevant to alibi.
9. PG: Florence refusal to order anthropometric investigation on CCTV images is “adequately motivated”
10. Pinelli: phones removed because by “ringing in the home” may have caused early discovery of the crime.
11. Judge Bruno (like Zanetti) had said the trials had “not many certainties” beyond the girl’s death and one definitely convicted.
12. PG Pinelli said some minor charges have expired, thus Florence should re-assess penalties with slight reduction due time limitation laws.
13. Antonio Paolo Bruno is the Supreme Judge who was accused of conspiracy with Mafia by prosecutor DeMagistris in 2006.
14. Pinelli asked 3 months cut from both penalties (weapon carrying). But this cut may technically require intervention by Florence court.
15. Maresca says that everything asked by #amandaknox and #RaffaeleSollecito has already been asked at Perugia and Florence trial. Enough.
16. Maresca makes a big point about pages re Conti & Vecchiotti and calls them on their lie.
Tweets from journalist Barbie Nadeau
1. Judge confirms verdict will be Friday in #MeredithKercher case.
2. Prosecutor in #AmandaKnox case asks to trim 3 months off Knox’s 28 year 6 month sentence.
3. Reason for shaving 3 months off sentence in #AmandaKnox case is statute of limitations in theft charge.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, Those officially involved, Supreme Court, Appeals 2009-2015, Florence 2014+, Nencini Report, Cassation 2015, Extradition issues
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Monday, March 16, 2015
Probable Final Cassation Ruling In 10 Days: Likely Scenario For The Immediate Future
Posted by The TJMK Main Posters
Italian Justice Minister Andrea Orlando with Prime Minister Matteo Renzi
We reported previously that Prime Minister Renzi, the former mayor of Florence, has great trust in the court system there.
Cassation is expected to rule on Knox’s and Sollecito’s separate appeals against the Florence outcome (in which they yet again not-too-subtly edge one another between themselves and the flames) on Wednesday or Thursday of next week.
We have something of a consensus here upon what happens then and thereafter, with main inputs here from Italian watchers Popper and Yummi.
1. Cassazione will probably merely announce that the affirmation of conviction by the Nencini appeal court is legitimate from the point of view of Italian law and there will be nothing significant said on the merits of the case.
2. In final appeals Supreme Court justices simply confirm a sentence or not based exclusively on law points. The Cassazione motivation reports due within three months are not too important as they cannot be appealed anyway. A report may not be needed for extradition, the Massei + Nencini sentencing reports could be explanatory and legally correct enough in this case.
3. The execution of this decision would then be over to the Florence courts. If the Nencini confirmation of verdict and sentence is affirmed it will probably then be over to Prosecutor Crini and Judge Nencini, and an arrest warrant for Sollecito would be immediate.
4. There is a slight chance, perhaps 5% to 10%, that Sollecito might try to escape, as he seemed set on doing when he made it to the border on the same day as Judge Nencini’s 2014 ruling. On Italian TV he has been sounding very aggrieved with Amanda while not really winding back the strong case against himself. He lacks his passport and probably the secret stash of money to stay on the run indefinitely.
5. An arrest warrant for Knox, the other defendant, would normally be issued as soon as possible. If she is still located in the US she could be rapidly arrested and put in a holding cell. Based on other examples it is possible that her physical return to Italy could take as long as nine months, though the treaty promotes a fast-track meaning not upward of three months.
6. There is normally 45 days for the extradition papers/request from Dr Andrea Orlando, the Italian Minister of Justice, to be handed over by the Italian Embassy in Washington DC to the State Department, though there is allowance for that request time to be extended.
7. The evidence of course really is overwhelming and no single proof of foul play has ever been proven. Italian justice officials have relevant information they could share privately, such as the corruption of the Hellmann appeal alleged by Judge Chiari, Prosecutor Comodi and others, and such as Knox’s unsavory drug record which is normally a big no-no for the State Department.
8. Comments made by the host and a magistrate on Italy’s Porta a Porta show last week suggests vagueness on the part of the Italian media and public about the Italy/United States extradition treaty. This treaty, which has always been faithfully observed previously by both countries, with no exceptions, is stark and minimalist and focuses on the paperwork and whether the national law was followed, as explained by lawyers James Raper and TomM.
9. Assuming their final conviction, Sollecito’s arrest and return to prison will drive Italian public opinion, dormant for years but stirring as the Porta a Porta show suggested, to demand a quick extradition of Knox, who was the flatmate of Meredith the victim and without whom no murder would have taken place.
10. Probably very unlikely, but if there is sustained political resistance despite American media finally getting the facts right, the powers demanding extradition will build up immense pressure, and it will be world-wide pressure from the point of view of the US, not just Italy. All countries will be watching to see how the US behaves, and if their treaties are reliable or not.
The US relies heavily on the Italian government, which is currently a very strong one, on many other matters, and it has other extradition cases worldwide in motion or anticipated (think Snowden in Moscow) so it will be almost certainly be faithful to legality and precedent.
Knox smeared prison authorities in her book and directly caused the imprisonment of a drug-dealer which might be reasons she fears going back. Conceivably a negotiated outcome could result in Knox serving the rest of her time in an American prison to get round this. American prison? This would be nice for her family, but probably a lot less nice for Knox herself.
Knox has long been the pawn of an ugly family and bunch of parasites. Dont totally rule out her simply hopping on a plane to pay her dues and get away from them.
Archived in Justice systems, Italian system, Those who were charged, Amanda Knox, Raff Sollecito, Those officially involved, Supreme Court, Appeals 2009-2015, Cassation 2015, Hoaxes against Italy, Italian justice hoax
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Wednesday, February 26, 2014
How Claims By Perpetrators & Their PR That THEY Are Victims Get Equal Pushback
Posted by Peter Quennell
[Florence prosecutor Giambartolomei will soon confront many false claims ]
To the considerable pain of victims and their loved ones, Italy’s has become one of the most pro-defendant justice and penal systems in the world.
That doesn’t mean that it has become a complete pussycat. Push it, and it usually pushes back harder in its search for the truth. And the quality Italian media goes along.
Time and again the ill-conceived short-term PR and legal tactics for Knox and Sollecito based on a hurricane of lies have left them in terms of the ultimate end-game worse off than they were before.
Judge Matteini and Judge Micheli (the judges in 2008) both took firm lines with the copious evidence and the psychological tests of AK and RS in front of them.
Both judges took a line as firm as the prosecution (as firm as the “evil Mignini”) in concluding that there was a drug-fueled hazing escalating to murder with sexual aspects (however short the timescale of the intent).
[Ed note: See comment by Yummi below which explains the above a little differently. PQ.]
Though his panel of judges voted unanimously for guilt, Judge Massei in 2009 did take a somewhat less firm line in the sentences, after observing one daffy defendant and one very nervous defendant sitting in front of him for nearly a year. Judge Massei for no especially convincing reason
(1) pinned the initiating of the attack on Rudy Guede (really?!) and
(2) handed Knox and Sollecito (and thus Guede) quite a break with his supposed “mitigating circumstances” (the duvet over Meredith’s body) resulting in 20 years lopped off their combined sentences.
Both the defenses and the PR were weak and largely futile in that year. But come 2010 the dirty tricks moved into overdrive.
Cassation reverted to the firmer line in January 2011 when it ruled on Guede’s final appeal: Guede was a party to the murder, but copious evidence proved he did not act alone.
The Hellmann appeal court and DNA consultancy and verdict of 2011 were corrupted (counter-measures are still quietly playing out) which fully explains its startling soft line.
Thereafter the Italian courts observed the illegal blood-money binge with the essentially fictional books of Sollecito and Knox, and two years of them each claiming to ill-prepared interviewers “we’re the real victims” on TV.
Cassation observed all of this, annulled the corrupted Hellmann court verdict, and issued instructions in June 2013 to the Florence appeal court to ensure that the firm line should be maintained. Unsurprisingly, we have seen a firm line from the chief prosecutor (Crini) and a seeming firm line from the lead judge (Nencini) in recent weeks.
In the rest of this year Italy will see at minimum these events where the court’s firm line will go on and the babbling and unhelpful legal and PR tactics may finally dry up.
- 1) RS and AK continuing to babble for a while on TV as they each dig the other one deeper. Sollecito has just said that his saliva or sneezing may explain why his DNA was on the clasp of the bra.
2) The sentencing report of Judge Nencini is due at the latest on 30 April and he seems likely to give space to rebuttals of any bizarre new claims made by Knox and Sollecito before 30 April like the one just above.
3) The obstruction of justice trials of witness Luciano Aviello and incessant meddlers Mario Spezi and Frank Sforza will continue, probably though into 2015. Each of those trials could result in others (like Spezi ally Doug Preston and Sforza allies Bruce Fischer and Steve Moore) being declared at minimum persons of interest if not actually charged.
4) Florence prosecutor Giambartolomei Firenze (image above) may soon be announcing which passages in Sollecito’s book Honor Bound criminally defame Italian officials or deliberately miscontrue hard facts in evidence in an illegal attempt to to poison public opinion against the court.
5) Similarly soon after on Amanda Knox’s book with the surreal title Waiting To Be Heard (and on Knox articles and interviews in Oggi) by the chief prosecutor in Bergamo.
6) Cassation’s First Chambers should be the one to handle Knox’s and Sollecito’s final appeal. They handle murder cases and they issued the guidance to Florence in 2010.
7) If so, they should take note of such revelations by way of Judge Nencini’s and Prosecutor Crini’s reports; and this next autumn or winter may finally declare a firm “confirmed guilty” final-appeal outcome and invite Knox to come back.
And when prosecutor Giambartolomei Firenze announces which claims are radiocative, hopefully a major hush will come over Heavey, Fischer, Bremner and Moore.
Archived in Justice systems, Italian system, Those who were charged, Amanda Knox, Raff Sollecito, Rudy Guede, Those officially involved, The prosecutors, Appeals 2009-2015, Florence 2014+, Cassation 2015, Hoaxes against Italy, The Aviello hoax, Hoaxes by Knox, Knox book hoaxes, Hoaxes by Sollecito, Sollecito book hoaxes, Hoaxers - main people, Preston & Spezi, Francesco Sforza
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