Series Real crimescene

Friday, May 11, 2018

Overview Of All Our Powerpoints For Those Many On Media Threads Praising Them

Posted by The TJMK Main Posters



Perugia from the Rome direction; railway station at center-left

1. Post Overview

These brilliant Powerpoints have been getting effusive praise online and in emails by many who began with them.

Others have posted asking how to find them.  We are very grateful for their interest. Here they all are, the complete set. One is by James Raper, one by Fly By Night, two by Nikki, and the others by that indefatigable frog Kermit.

They are often very funny, mostly bothersome to the humorless Knox attack-sheep, and always technically excellent. But their main draw appears to be that they are so explanatory, so highly compelling.

Watch a few and the sense that the Italians got things right can get to be unshakable.  While videos can be telling, Powerpoints look to be even more telling. Other victim sites might well benefit from this model.

2. All Our Powerpoints

1. Click for Post:  A Witness Trashed By Paul Ciolino For CBS In Fact Looks Very Credible (Kermit)

2. Click for Post:  A Comprehensive Guide To The Relevant Locations (Kermit)

3. Click for Post:  A Minute By Minute Visual Guide To The Events On The Night (Kermit)

4. Click for Post:  A Very Odd House, In A Very Odd Location (Kermit)

5. Click for Post:  A Graphical Tour Of The Crime Scene Itself (Kermit)

6. Click for Post:  Trace Evidence Seems To Confirm More Than One Perpetrator At Scene (Kermit)

7. Click for Post:  DNA Evidence - A Very Clear Intro To A Vital Subject Here (Nikki)

8. Click for Post:  Forced Entry Via Filomena’s Window Fails The Giggle Test (Kermit)

9. Click for Post:  Defense Claim AK & RS Couldn’t Have Disposed Of Meredith’s Phones Is Wrong (Kermit)

10. Click for Post:  The DNA Evidence May Be A Tough Mole To Whack (Nikki)

11. Click for Post:  Countering The Spin By The Defenses On The Recent Cottage Break-in (Kermit)

12. Click for Post:  Telling Evidence Against Sollecito The Experts Seem To Have Got Absolutely Right (Kermit)

13. Click for Post:  150 Questions For The Defendants They Have Incessantly Avoided (Kermit)

14. Click for Post:  The Telling Case Of The Doctored Footprint (Kermit)

15. Click for Post:  Justice For Meredith - The Thoughts Inspired By Two Mountains (Fly By Night)

16. Click for Post:  We Now Examine The Compelling Evidence For The REAL Railroading From Hell (Kermit)

17. Click for Post:  Total Evidence Suggests Knox And Sollecito Guilty As Charged (James Raper with Kermit)

18. Click for Post:  Katie Couric Interviews Raffaele Sollecito! We Already Have A Sneak Preview!! (Kermit)

19. Click for Post:  Placing The Noisy Claimant Doug Preston In The Hot Seat (Kermit)

20. Click for Post:  On Contradictions, Here Preston Contradicts Preston (Kermit)

21. Click for Post:  Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC’s Sneak Preview! (Kermit)


Saturday, April 07, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #4

Posted by The TJMK Main Posters



One of two Sollecito footprints matching in EXACT dimensions

1. What Hampikian Omits In Misleading The American Audience (2)

Hampikian’s illegal nonsense on the DNA in the case is quite obviously worse than useless.

It actually came to HURT the defenses rather than helped them, and drew the mafias in (see Part 2 below). Do please feel free to purge your mind of it, and take in our forensic Powerpoints.

Click each image below, and keep clicking.

1. DNA: A Very Clear Intro To A Vital Subject By Nicki


2. DNA Evidence May Be A Tough Mole To Whack By Nicki


3 Telling Forensic Evidence Against Sollecito By Kermit


4. How Pro-Knox Mafia Tools Doctored A Sollecito Footprint By Kermit


5. Total Evidence Suggests AK & RS Guilty By James Raper w/Kermit




2. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Monday, April 02, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #3

Posted by Peter Quennell



Knox enablers Jason Flom, Barry Scheck, Greg Hampikian

(Click here to go straight to Comments. Long post.)

1. What Hampikian Omits In Misleading The American Audience (1)

Think of the evidence in the case as a giant jigsaw puzzle. Say it consists of 1000 pieces.

We at TJMK and PMF and the Wiki are finally on top of nearly all of them. Thanks especially to Italy’s amazing habit of documenting and its open-process juries and our fine translators.

In the US and UK there would be few such documents. And no reasoning at all from any black-box jury. No surprise really that the Innocence Project has many cases here - and none in Italy.

Hampikian in his frenetic marketing of Knox, in sharp contrast to our full picture, leaves out pretty well everything. The previous post by KrissyG showed this for us first.

Amazingly, Hampikian revealed he is not even clued up on the full extent of the DNA.

Now in the prosecution phases of the trial back in 2009 the judges and lay-judges were presented with all 1000 pieces of the puzzle, in 20 day-long sessions (a quarter in closed court and not reported by media in detail). Also they did voluminous side-reading of the case files.

Plus of course staring at the telling Knox and Sollecito reactions for hours and hours.

Knox obviously preferred to be daffy and her version of likable, and to try to warm up a hostile Sollecito. He was obviously sulky and angry at Knox, refusing to look at her or to speak in favor of any of her alibis. Both grimly sat through the hard-to-take closed sessions.

For us and many in Italy, the case came to be a convincingly strong one about midpoint in the trial.

That was when a defiant Knox was on the stand for two days, doing herself no good, incessantly contradicting herself and causing this typical reaction and this one.

Knocked back by this, the defenses used up only a very few court days to attempt rebuttals and attempt to squeeze nice opinions out of character witnesses. Pretty well all Italy could see the defenses were outgunned, listless, and demoralized.

Back in 2008 there had been talk of RS and AK admitting to heavy drug use or psychological issues but the parents would have none of it.

So other than incessantly beating up on Guede (an easy “out” as he was not present to defend himself) it was hard for them to find things to talk about. Some court days were cancelled because of this and Sollecito lawyer Bongiorno skipped several sessions.

This all matters. It explains things. But Hampikian omits all of it in his simplistic and ridiculous bid for glory.

He misrepresents a small fraction of the DNA evidence, reveals himself ignorant of a much bigger and equally damning fraction, and ignores all other evidence as if everything other than DNA is of lower importance.

So here below from the Wiki Evidence Masterlist is all of the forensic evidence made public by the end of 2009. (Although very extensive, this is still only about 50% of all the evidence items on the Masterlist. Hampikian hid that half also.)

Again, this was all known to the jury as of the end of trial - which like any jury anywhere can convict on ONE item if it speaks guilt to them. This was the only jury to hear the whole case. The one that voted for guilt unanimously.  As any American or British jury would have done.

Part 3 at bottom summarizes the damning court take and the Knox shills’ spin.

2. Forensic Evidence In The Public Realm By Late 2009

Area 1: The Wounds

11-01   Meredith Kercher sustained 43 wounds during the assault that killed her. (Perna closing arguments 2009)

1-02   She had 10 knife wounds and 33 other wounds. (Lalli 2009)

1-03   She had at least 15 bruises: on her mouth, nose, cheeks, jaw, neck, elbows, right forearm, small of her back, left thigh, and right lower leg. The bruises indicate she was not only restrained, but also kept from screaming for help. (Lalli 2009)

1-04   Some of the bruising on Ms. Kercher was in the shape of fingertips, with some fingertips being smaller, of a woman’s size. There were no ligature marks. (Lalli, Marchionni, Codispoti 2009)

1-05   Some of the neck bruises indicate Ms. Kercher was being choked at some point during the assault. (Liviero 2009)

1-06   The internal vaginal bruising suffered by Ms. Kercher happened before her death and was violent. (Lalli, Marchionni 2009)

1-07   She had only 2 major knife wounds, one on each side of her neck. The remaining knife wounds were minor. (Lalli 2009)

1-08   The wound on the right side of her neck was narrow and deep. The wound on the left side of her neck was wide, large, gaping and fatal. These two wounds were likely made with two different knives. (Bacci, Politi, Codispoti, Mignini 2009)

1-09   She had another knife cut just below the gaping wound on the left side of her neck. (Lalli 2009)

1-10   She had 3 other glancing knife wounds on her neck and cheeks. (Lalli 2009)

1-11   She had 3 small cuts on her right hand and one small cut on her left hand. (Lalli 2009)

1-12   Her defensive wounds were virtually non-existent, especially when compared with other single-attacker knife attacks, where knife wounds on the hands and arms are prevalent. (Cingolani, Codispoti 2009)

1-13   The wounds were compatible with an assault by multiple persons (Cingolani, Codispoti, Lalli, Liviero 2009).

1-14   Bacci, Lalli and Liviero testified that the wounds could not be ascribed with 100% certainty to a single person or multiple person assault. However Lalli and Liviero preferred the multiple person assault scenario, given the quantity and different types of wounds. (Bacci, Lalli, Liviero 2009)

1-15   Lalli confirmed under questioning by Judge Massei that if the rape happened during the assault, then the assault had to be carried out by more than one person. (Lalli 2009)

Area 2: The Blood traces

2-01   Blood traces were found all around Ms. Kercher’s bedroom, not in one specific area. (crime scene photos)

2-02   In Ms. Kercher’s bedroom, blood was found by the far wall, on and inside the closet, under the desk, by and under the bed, on the walls above the bed, on the mattress cover, on the floor in large quantities and on the door into the bedroom. (crime scene photos)

2-03   Blood was also found on the floor in the form of partial shoeprints leading out of the cottage. Blood traces were also found on the small bathroom door, in the small bathroom (on the light switch, sink, bidet, bathroom floor mat, etc.), possibly on a few items in Knox’s bedroom, and also in Luminol-revealed traces found on the floor in the corridor, in Knox’s bedroom and in Romanelli’s bedroom. (crime scene photos, Codispoti 2009)

2-04   No blood traces were found near, leading to or in the large bathroom where Guede defecated. (crime scene photos, Dr. Stefanoni Genetic Test report)

2-05   Blood pattern analysis indicates Ms. Kercher was fatally stabbed around 40 cm above the ground, near to the closet door. (Camana 2009)

2-06   Blood traces on the floor indicate objects were shifted or removed after Ms. Kercher had started bleeding from the fatal wound. (crime scene photos)

2-07   Ms. Kercher’s body was moved after she was stabbed, as can be seen from the blood smears on the floor. (crime scene photos)

2-08   Blood traces on the mattress cover indicate that one or more knives used in the assault were placed on the mattress cover. (Politi 2009)

2-09   Blood traces under the bed indicate someone was likely searching under the bed for something after the assault. (Codispoti 2009)

Area 3. Clothing traces

3-01   Blood was found on her sweat jacket, bra, jeans and socks. (crime scene photos)

3-02   Ms. Kercher’s bra and sweat jacket indicate she bled on the right side, likely from the knife wound on the right side of her neck, for some time before these were removed. (evidence item photos in Dr. Stefanoni’s slide presentation)

3-03   The sleeves on her sweat jacket were pulled inside-out. (Stefanoni 2009)

3-04   Blood stains on her sweat jacket and shirt indicate these were pulled up around her neck after she had been wounded. (Codispoti 2009)

3-05   Her jeans were also inside out, with blood spots inside her jeans. (Stefanoni 2009)

3-06   Her panties were found near her body, and had no blood stains. (Stefanoni 2009)

3-07   Ms. Kercher’s bra was removed after she was dead, as can be seen from blood speckles on the bra that were not found on her chest. (Micheli Motivation report, Codispoti 2009

3-08   Her body was covered with a duvet, and she only had an undershirt on. (Micheli Motivation report)

3-09   Police found a pillow, a bed sheet, a sock and two towels under her body. (Nencini Motivation Report- citing Lalli’s site report)

3-10   Guede’s bloody handprint was found on the pillow. (Sbardella 2009)

3-11   Guede’s bloody shoeprint was found on the pillow right under Ms. Kercher’s leg. (Sbardella 2009)

3-12   Police found Ms Kercher’s bra clasp under the pillow, and then later found it again under a carpet in the bedroom, 46 days after initial discovery. (Cantagalli, Codispoti, Stefanoni 2009, crime scene photos)

3-13   A sock was found around one of Ms. Kercher’s purse handles on the bed. (crime scene photos)

3-14   Ms. Kercher’s purse was found on the mattress cover, indicating it had been placed there after the duvet had been used to cover her body. (crime scene photos)

Area 4. Ms. Kercher’s room

4-01   Only the mattress cover remained on the bed. After the assault, someone removed the duvet, pillow and bed sheet from the bed, and placed Ms. Kercher on the bed sheet, two towels and pillow on the floor, then covered her body with the duvet. (Codispoti 2009, crime scene photos)

4-02   Someone took Ms. Kercher’s wallet and credit cards from her purse and placed the purse on the mattress cover on the bed. (Profazio 2009, Nencini Motivations report, crime scene photos)

4-03   Someone left receipts on the duvet covering Ms. Kercher’s body. (Codispoti 2009, crime scene photos)

4-04   Someone took Ms. Kercher’s cell phones and tossed them over a roadside wall, inadvertently into the garden of another villa, some 950 meters from the cottage. (Nencini Motivations report)

4-05   Someone took Ms. Kercher’s room and house keys. (Napoleoni 2009)

4-06   An empty jar of Vaseline was found on her desk. (crime scene photos, Napoleoni 2009)

4-07   The wall shelf by her closet had been knocked around, and objects on the shelf were tipped over. (crime scene photos, Codispoti 2009)

4-08   Ms. Kercher’s nightstand lamp and Knox’s nightstand lamp were both on the floor next to the bed. (crime scene photos)

4-09   Knox’s lamp was partially under Ms. Kercher’s bed, and it was the only functioning light Knox had in her room. (crime scene photos, Nencini Motivations report)

4-10   Someone closed and locked Ms. Kercher’s bedroom door, and took her bedroom door key. (Battistelli, Romanelli, Altieri, Zaroli, Napoleoni 2009)

4-11   Romanelli testified Ms. Kercher rarely closed and locked her own bedroom door, while Knox claimed Ms. Kercher normally locked her door. (Battistelli, Zaroli, Altieri, Romanelli 2009)

4-12   Ms. Kercher’s bedroom door had a small crack in it before it was broken down. (Altieri 2009).

Area 5: Shoeprints

5-01   Guede’s bloody left shoeprints were found in Ms. Kercher’s room.

5-02   Guede’s bloody left shoeprints were also found leading down the corridor, into the kitchen/dining room and out the front door, without any trace of prints indicating he turned to close and lock Ms. Kercher’s bedroom door.

5-03   Five different papers and cards, most smudged with blood, were found on the floor in Ms. Kercher’s room. These papers and cards had at least two different types of shoeprints which did not match any of Ms. Kercher’s shoes.

5-04   A similar card was found in Romanelli’s room, with a shoeprint not matching those on the cards and papers in Ms. Kercher’s room.

5-05   A smaller shoeprint similar to Guede’s shoe type was found on the pillow found under Ms. Kercher. Police consultants estimate this was a female sized shoe.

Area 6: Footprints

6-01   Half of a bloody footprint was found on the bathmat. The heel of this footprint, which should have been on the floor, was missing, suggesting it was cleaned away. (crime scene photos, report)

6-02   The bloody footprint matches Sollecito’s right foot size and characteristics.

6-03   Five Luminol-revealed footprints were found on the floor in the corridor and in Knox’s bedroom.

6-04   One of these Luminol-revealed footprints was compatible with Sollecito’s right foot.

6-05   Two others were compatible with Knox’s right foot.

6-06   None of the Luminol-revealed footprints were compatible with Guede’s feet.

Area 7: Fingerprints

7-01   Ms. Kercher’s fingerprints were found on Knox’s closet door.

7-02   Knox’s fingerprints were only found on a glass in the kitchen. None of her fingerprints were found in her own bedroom, or elsewhere in the cottage.

7-03   Sollecito’s fingerprints were on Ms. Kercher’s bedroom door and on the inside face of Laura Mezzetti’s door.

7-04   Guede’s fingerprint was found in Ms. Kercher’s bedroom.

Area 8: DNA testing general

8-01   227 evidence items were sampled or bagged. 30 of these were not analyzed.

8-02   From the remaining 197 evidence items, over 480 DNA and Y haplotype tests were prepared from liquids, solids or hairs. Many objects were sampled in multiple places.

8-03   Out of the over 480 DNA and Y haplotype tests, only 193 of these tests actually yielded DNA useful for comparison. (40%)

8-04   24 tests were from samples taken from Ms. Kercher’s body. Of these, 1 test yielded DNA compatible with Guede’s Y haplotype, 17 tests yielded DNA compatible with Ms. Kercher’s, and the remaining did not yield DNA useful for comparison.

8-05   11 tests were from samples taken from the exterior of the cottage. Of these, 2 tests yielded DNA compatible with an unknown female, 2 tests yielded cat DNA and the remainder did not yield useful DNA.

8-06   21 tests were from samples taken from the basement apartment at the cottage. Of these, 16 tests yielded cat blood, 2 tests yielded DNA compatible with an unknown male and the remaining did not yield DNA useful for comparison.

8-07   221 tests were from samples or items taken from the upper apartment at the cottage. Of these, 6 tests yielded DNA compatible with Guede’s DNA or Y haplotype, 82 tests yielded DNA compatible with Ms. Kercher’s DNA, 2 tests yielded DNA compatible with a mixture of Ms. Kercher’s and Guede’s DNA or Y haplotype (both tests from the same sample), 5 tests from 5 different samples yielded DNA compatible with a mixture of Ms. Kercher’s and Knox’s DNA, 2 tests yielded DNA compatible with a mixture of Ms. Kercher’s and Sollecito’s DNA or Y haplotype (both tests from the same sample), 4 tests yielded DNA compatible with Knox’s DNA, 1 test yielded DNA compatible with a mixture of Knox’s and Sollecito’s DNA, 2 tests yielded DNA compatible with an unknown female, 3 tests yielded DNA compatible with an unknown male and the remaining did not yield DNA useful for comparison.

8-08   4 tests were from samples taken (from bloodied tissue papers) found in the vicinity of the cottage, yielding DNA compatible with an unknown male or an unknown female.

8-09   16 tests were from samples taken from Sollecito’s car and no DNA useful for comparison was found.

8-10   102 tests were from samples taken from Sollecito’s apartment. Of these, 1 test yielded DNA compatible with Ms. Kercher’s DNA, 6 tests yielded DNA compatible only with Knox’s DNA, 7 tests yielded DNA compatible with a combination of Knox and Sollecito’s DNA, 7 tests yielded DNA compatible only with Sollecito’s DNA, 3 tests yielded DNA of 3 unknown males and the remaining did not yield DNA useful for comparison.

8-11   29 tests were from samples taken from Guede’s apartment. Of these, 14 tests yielded DNA compatible with Guede’s DNA and the remaining did not yield DNA useful for comparison.

8-12   6 tests were from samples taken from the pub Le Chic and no DNA useful for comparison was found.

8-13   50 tests were from samples taken from the defendants or defendant’s items during arrests or likely at the police station. Of these, 6 tests yielded DNA compatible only with Guede’s DNA, 8 tests yielded DNA compatible only with Knox’s DNA, 1 test yielded DNA compatible with a combination of Knox and Sollecito’s DNA, 2 tests yielded DNA compatible only with Lumumba’s DNA, 4 tests yielded DNA compatible only with Sollecito’s DNA, 1 test yielded DNA of an unknown male and the remaining did not yield DNA useful for comparison.

8-14   Of the 82 tests yielding DNA compatible with Ms. Kercher’s DNA at the cottage, 4 samples were taken from the corridor floor, 5 were taken from the kitchen/dining floor, 66 were taken from Ms. Kercher’s room and clothing, 1 was taken from the floor in Romanelli’s room and 6 were taken from the small bathroom.

8-15   17 tests yielded unmatchable DNA, with 6 tests yielding DNA compatible with 3 different females and 11 tests yielded DNA compatible with 7 different males. 13 of these samples were found in tissue paper outside the cottage and on cigarette butts in the ashtray in the cottage kitchen.

Area 9: DNA testing- specific

9-01   Ms. Kercher’s DNA was found on the kitchen knife at Sollecito’s apartment. Her DNA was found in a groove towards the cutting edge of the blade. The grove is part of a series of noticeable scratches running parallel along the blade.

9-02   Knox’s DNA was found on the top of the handle of the same knife.

9-03   A second sample of Knox’s DNA was also found on the same knife, where the blade goes into the handle. This second sample was an LCN sample of mixed DNA, and was statistically determined to be Knox’s DNA. (RIS Berti & Barni 2013 report)

9-04   DNA mixture compatible with Knox’s and Sollecito’s DNA was found on another stained pocket knife that Sollecito had.

9-05   DNA mixture compatible with Knox’s and Sollecito’s DNA was found on a cigarette butt in the cottage kitchen. Except for the bra clasp, no other samples at the cottage yielded Sollecito’s DNA.

9-06   7 samples yielded DNA mixtures compatible with Ms. Kercher’s DNA mixed with either Knox’s DNA, Sollecito’s DNA or Guede’s DNA.

9-07   DNA mixture compatible with Ms. Kercher’s DNA and Sollecito’s DNA was found on the metal bra clasp. Sollecito’s Y haplotype was also on the metal bra clasp.

9-08   DNA mixture compatible with Ms. Kercher’s DNA and Guede’s DNA was found on Ms. Kercher’s purse near the zipper.

9-09   DNA mixture compatible with Ms. Kercher’s DNA and Knox’s DNA was found in three blood traces in the bathroom- on the bidet drain plate, in the sink and on a plastic container containing cotton swabs.

9-10   DNA mixture compatible with Ms. Kercher’s DNA and Knox’s DNA was also found in a Luminol-revealed blood stain on the floor of Romanelli’s room, and in a Luminol-revealed bloody footprint in the corridor.

9-11   A second Luminol-revealed blood stain in Romanelli’s room yielded Ms. Kercher’s DNA.

9-12   A sample of blood from the small bathroom faucet yielded ONLY Knox’s DNA.

9-13   Guede’s DNA was found on Ms. Kercher’s purse, the left sleeve of her sweat jacket, her bra strap, in Ms. Kercher and on the toilet paper in the large bathroom.

Area 10. Other biological traces

10-01   3 samples of presumed blood traces were found in Knox’s bedroom, on a pillow, on the night stand and on the wall by the head of the bed.

10-02   No semen was found in Ms. Kercher.

10-03   Guede left his feces in the toilet in the large bathroom.

10-04   3 fragments of toilet paper were found on Ms. Kercher’s desk; all three yielded DNA compatible with Ms. Kercher’s DNA.

10-05   2 tissue papers were found in Sollecito’s bedroom; both had blood that yielded DNA compatible with Sollecito’s DNA.

10-06   A glass on Ms. Kercher’s night stand yielded DNA compatible with Ms. Kercher’s DNA.

10-07   A strand of hair and a trace of blood were found on Romanelli’s window frame. The blood trace did not yield human DNA; the hair color was dark chestnut.

10-08   5 samples of blood traces on a towel and faucet in Guede’s bathroom all yielded Guede’s DNA.

10-09   4 samples of blood stains on Guede’s jeans and a museum ticket in his jeans also yielded Guede’s DNA.

10-10   The range of digestive timing is, under normal circumstances, 3-5 hours. This range could easily be expanded depending on any number of factors, including stress and alcohol, both of which slow digestion. (Ronchi 2009)

10-11   Based on body temperatures and the digestive process, the time of death range was estimated between 20:00 of November 1st and 04:00 of November 2nd, with the probability that the time of death occurred around 23:00 of November 1st. (Lalli 2009)

Area 11. Luminol traces

11-01   1 sample of a Luminol-revealed blood trace was taken from Guede’s apartment.

11-02   9 samples of Luminol-revealed blood traces were taken from the cottage, including Knox’s room, the corridor and Romanelli’s room.

11-03   Knox’s and Ms. Kercher’s DNA was found on the Luminol-revealed blood stain in Romanelli’s room.

11-04   Knox’s and Ms. Kercher’s DNA was found mixed in a Luminol-revealed bloody right footprint in the corridor.

11-05   14 samples of Luminol-revealed blood traces were taken from Sollecito’s apartment.

11-06   6 samples were taken from Sollecito’s bathroom, including the door, floor and shower basin.

11-07   3 samples were taken from Sollecito’s bedroom, including the door and floor.

11-08   5 samples were taken from the floor of Sollecito’s kitchen.

11-09   2 of the Luminol-revealed samples taken from Sollecito’s apartment yielded DNA compatible with a mixture of Sollecito’s and Knox’s DNA. 1 sample yielded DNA compatible with Knox’s DNA.

11-10   1 sample yielded an unknown male’s DNA (unmatchable).

Area 12: Hairs

12-01   Of the over 480 tests prepared on samples, 93 of these constituted hairs or fibers. 86 were human hairs of varying length, in varying colors. The most significant colors noted were black, blonde, chestnut, light chestnut and red chestnut.

12-02   Only 3 hairs yielded DNA; all 3 hairs yielded DNA compatible with Ms. Kercher’s DNA. All 3 hairs were chestnut colored and over 15 cm long.

12-03   35 hairs were chestnut in color; the vast majority of these were found in Ms. Kercher’s room. 2 were also found on a kitchen sponge at Sollecito’s apartment.

12-04   7 hairs were black in color. 6 of these were 4 cm long or less, and so likely Guede’s hair. 4 of these were on the duvet and 1 was on the mattress cover, both in Ms. Kercher’s room. 1 was also on a sponge at Sollecito’s apartment.

12-05   21 blonde hairs were analyzed, and were likely Knox’s hairs. Most were found at Sollecito’s apartment, 10 on a sponge in the kitchen and 5 on a sweater.

12-06   Of the 6 blonde hairs found at the cottage, 2 were on the duvet, 1 was inside the small bathroom sink, 1 was on Ms. Kercher’s purse and 1 was on her mattress cover.

12-07   4 light chestnut hairs were found. 3 of these were 9 cm long or less. 1 was found on the kitchen sponge; 1 was found on the bra and one was found on Ms. Kercher’s sweat jacket. Sollecito had light chestnut colored hair.

3. Court Assessment & Knox Spin

Judge Micheli was the first judge to make something of all this evidence, late in 2008. Unsurprisingly, if one has actually studied it, one of his major findings was this.

The pack attack, and the crime-scene rearrangement. Led by Knox. She could have escaped trial right there by rebutting it. But she and her team had pretty well zero comeback.

Oh, Hampikian, you didn’t know that?!

The “counter-case” of Hampikian, and other such shills of the PR campaign as Heavey, Fischer, Douglas, and Moore, is like a three-legged stool, with all the rest of the case simply ignored.

  • One leg is the Interrogation Hoax and we have shown in 20 posts that Knox always lied about that.

  • One leg is the supposedly “flawed” DNA analysis that actually wasn’t, which KrissyG took first new whack at last week.

  • The third leg is that there was no pack attack and that Guede somehow did all of the above on his own.

Including taking off a shoe to make ONE imprint in blood on the bathmat in a footprint several sizes smaller than his own…

On Planet Earth, nobody has ever come close to making all of the above fit a Lone Wolf. The defenses only listlessly went through the motions when they tried. Then they seized on Alessi and Aviello when they came along.

That was the defenses proving a pack attack!!

4. Tip for IP contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Tuesday, March 20, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #2

Posted by KrissyG



Long post. Click here to go straight to Comments

1. Post Overview

Previously main poster Hopeful showed up the intensely superficial grasp of the case by an Innocence Project founder who is a lusty huge booster of Knox.

We see no sign that anyone in the Innocence Project (IP) has ever done due diligence, or has any better grasp of the case than Jason Flom. We certainly don’t see any on video or in print. We see only appallingly misleading and illegal work…. and nothing else. As Hopeful said in that post:

Anyone who thinks Idaho IP representative Greg Hampikian’s seemingly illegal involvement in the court-ordered DNA re-testing was somehow competent and truth-based should read KrissyG and James Raper for two blasts of reality.

This may come as a surprise. In ten years nobody whatsoever has ever landed the slightest blow on the huge (though not pivotal) DNA component of the case.

The defenses and many others have seriously misrepresented it, yes, but that is something else.

2. Chief IP Misleader Hampikian

Nearly a year before Knox ever turned up at her first Innocence Project meeting in Oregon, we had highlighted IP Idaho rep Greg Hampikian’s very misleading work here.

Our main poster the Machine had acidly remarked about Greg Hampikian in that post:

    1. He is ignorant of most of the basic facts of the case.

    2. He hasn’t read the official court documents in their entirety, but has instead relied on Amanda Knox’s family and supporters for his information without bothering to do any fact-checking.

    3. He incessantly downplays or misrepresents the hard evidence against Amanda Knox and Raffaele Sollecito and overstates that against Rudy Guede.

    4. He doesn’t limit himself to his own narrow area of expertise, but speaks about other aspect of the case and gets basic facts wrong.

    5. Like so many in the seedy defense operation he ridicules his counterparts in Italy, most of whom are much better qualified in criminal-case DNA than he is.

Do please read all of the Machine’s very damning post. Note that Hampikian has never ever tried to answer back, though he is still as much of a self-infatuated rooster as before. I would add to the Machine’s profile of Hampikian these further revealing points:

    1. In an aura of personality cult he incessantly proclaims that he is the founder and director of the Idaho Innocence Project.

    2. He took quite a shine to Amanda Knox and went white-water rafting with her.  He broke with his wife, shortly after.

    3. This absurd claim appears on his Wikipedia page - those are often written by the “celebrities” themselves:

    During the high-profile case of Amanda Knox, on May 23, 2011, Greg Hampikian announced that, based on its independent investigation and review, DNA samples taken at the crime scene all pointed to African drifter Rudy Guede and excluded Knox and Sollecito. Upon reexamination of the DNA, he concluded that the evidence is unreliable and contaminated. Hampikian’s findings are one of the main reasons that Knox and Sollecito were set free.

    Really?! The mafias had no role? Hard to believe from this that Hampikian was never an official witness put under cross-examination at the trial or appeals. He had zero official role, and the very extensive DNA evidence really proved nothing of the sort. More DNA samples of Knox than of Guede were at the scene. No contamination was ever proven.  In fact, it was categorically ruled out by the courts.

    4. He has appeared in numerous Youtube clips in especially prepared tv shows, in which he presents himself as “the objective scientist” not letting on that he is essentially only a PR shill.

    5. Hampikian was claiming a government grant for his department at Boise State University.  Journalist Andrea Vogt suspected he was using the funds to promote Amanda Knox’s marketing.  Vogt applied for information under the Freedom of Information Act.  Hampikian evaded the demand by claiming his work was a top trade secret. Academic scientists are supposed to be transparent and make their work replicable and peer-reviewed by other scientists.  So Vogt’s instincts seem correct, given the unlikely reason.

    6. He praises himself on his wiki page as “Prof. Hampikian is also an accomplished amateur folk singer and songwriter.” Indeed, he appears on a Youtube video, sounding like a hundred cats in pain singing about his d-i-v-o-r-c-e., after his rafting expedition with Knox.  She appears grinning by his side in pictures.

    7. He has given evidence under oath in court several times (though never in Italy) claiming he was THE expert who got Amanda Knox “exonerated”.  Knox has never been exonerated, certainly not on the DNA evidence, and the mafias clearly had a role in springing the pair. So, Hampikian is not someone who takes solemn oaths seriously, although his illegal interference was real. 

    8. The defence lawyers for Paul Jenkins and Fred Lawrence are currently in court to try to pin the DNA evidence on another convict, David Wayne Nelson, with Hampikian as the ‘expert DNA witness’ claiming,

‘“I do a lot of cases,” said Hampikian. “This is the second time I can remember one of my cases where it cleared two men and someone else is a hit to the database.”

He doesn’t say to whom he is referring in this absurd claim, but no doubt it is Knox and Sollecito with Guede as the ‘hit’.  Hampikian, thus, is a stranger to the truth, as Knox and Sollecito’s DNA at the crime scene is legally sound.

Comment by Ergon

Examples of typical dishonesty from Greg Hampikian in this article

1. “We asked the Italian lab to supply validation of such a sensitive measurement, but they never complied”.

Yes they did, though maybe not to the professor from Idaho.

2. “a new study on the knife was then ordered in Italy. This failed to repeat the DNA finding”.

They didn’t retest the ‘DNA finding’.

3. “This finding was never repeated, despite many attempts”.

There was only one attempt, which the defense accepted as all that could be done.

4. “As DNA consultant for the defence in the Amanda Knox case”.

You weren’t hired ‘by the defense’ but inserted yourself in your personal capacity using public funds.

5. “but when fingerprints and DNA from the scene were analysed, only two profiles were identified: those of the victim and Rudy Guede”

Also Raffaele Sollecito’s, and Amanda Knox’s blood DNA mixed with Meredith Kercher’s.

6. “Calls followed for global standards on use of low copy number DNA”.

Raffaele Sollecito’s DNA profile on the bra clasp wasn’t LCN DNA, nor was contamination proven against any of Stefanoni’s findings.

7. “a kitchen knife at Sollecito’s house. It didn’t match many wounds on the body and tested negative for blood.”

Because there were two knives, and it tested negative for blood because it was rigorously washed in bleach.


3. Who Manages Or Crosschecks Hampikian?

Hampikian seems to have a pass to claim whatever he wants in the name of the Innocence Project. No quality control, no peer review, no reporting, no accountability at all. Just a near-endless stream of lies.

If Hampikian was to be checked out and made to stop lying and acting as a PR shill, and to stick only to the truth, whose job in the IP would be that? Presumably the man at the top. Barry Scheck.

Has Barry Scheck been asleep at the switch? If so, not for the first time. .



4. Ten Quick Facts About Barry Scheck

1. Born 1949, at Yale Scheck was a ‘fervent anti-war demonstrator’.  In Los Angeles he was a key member of OJ Simpson’s ‘dream team’, which got OJ off a murder rap in 1995.

2. Barry Scheck, as a law professor at the Benjamin N. Cardozo School of Law in New York City, is a forensic and DNA evidence expert. He joined the “Dream Team” to help them ‘harness the power of forensic and DNA evidence’ to assist in Simpson’s defence.

3. Scheck is also known for his work as co-founder and co-director of the Innocence Project, a non-profit organization that uses DNA evidence to ‘clear the names of wrongfully convicted inmates’.

4. Scheck co-founded the Innocence Project in 1992 with Peter Neufeld, also his co-counsel on the O.J. Simpson defence team.

5. The Project claims it is ‘dedicated to the utilization of DNA evidence as a means to exculpate individuals of crimes for which they were wrongfully convicted’.

6. To date, it claims 343 wrongful convictions have been overturned by DNA testing ‘thanks to the Project and other legal organizations’.

7. The Innocence Project claims ‘it does not use legal technicalities to challenge convictions; the Project accepts only cases in which newly discovered scientific evidence can potentially prove that a convicted person is factually innocent’.

8. Scheck unsuccessfully defended British baby sitter Louise Woodward against a charge of killing a baby in her care, shortly after the OJ acquittal, leading some to perceive a ‘backlash’ against his defence methods.

9. Scheck and Neufield were heavily criticised in 1999 in a case where eight cops were charged with abusing Abner Louima or shooting dead Amadou Diallo-to benefit their own civil cases on behalf of those victims, putting the police at risk of an unfair trial.

10. Scheck and Neufield called a press conference before the criminal trial, revealing potentially incriminating evidence against the four policemen from an autopsy report, which revealed Diallo was shot in his foot and legs whilst already down. Their ethics were questioned.  Outside the press conference, 1,000 Scheck supporters chanted, ‘“No justice, no peace, no more racist police.”

5. So The Bottom Line On Scheck Is?

Thus, we have a picture of someone who sees himself as a warrior for social justice, and anti-establishment.  Scheck uses his privileged position as a lawyer and DNA expert to help the disadvantaged and oppressed.

However, after the OJ Simpson trial, which saw Scheck shoot to fame, and not necessarily in a good way, but as a silver-tongued crafty defence lawyer who could persuade a jury that night is day by any means at his disposal, regardless of ethics, there emerges a hint of a ruthless man driven by an urge to get the better of his perceived opponents.

So far so good, this is 100% of what we the public have cynically come to expect of a winning-at-all-costs lawyer.  We want them to write our ‘strong letters’ for us, or to win our compensation; perhaps get us off a rap.

We want them to ‘be on our side’, and when you are poor, dispossessed and otherwise ‘invisible’ to the establishment, finding such a high-profile lawyer to champion your case, then fawning gratitude transforms into hero-worship and cult following.

Such is the effect of Scheck’s Innocence Project, thousands of prisoners in the USA claiming to be ‘wrongfully convicted’, whether they are or not, flock to sample the ‘exoneration’ he holds out as the prize for joining up.

Add to the pot US attorneys who as part of their standards are expected to devote a substantial part of their time towards ‘pro bono’ work (free representation), then the ready pool of the poor and deprived that make up the Innocence Projects are ready made clients for them.

6. IP Does Indeed Do Some Good Work

We have shown again and again that American law enforcement, justice and incarceration systems, not their Italian equivalents, are the systems where injustices are off the charts.

Read for example the series of three posts starting here.  An estimated 200,000-plus sitting in prison because prosecutors scared them into a plea-bargain.

Barry Scheck’s target group and release rate is absolutely miniscule compared to this 200,000, but it is not a net negative on the whole. Every little bit of pushback can help. Scheck’s interviews and speeches are often good.


 

7. But Things Do Go Badly Wrong.

The Medill Innocence Project Case

There seems plenty of evidence that the Innocence Project is only loosely managed from the top. Other grandstanders and corner cutters and law-breakers like Hampikian are far from unknown.

And to IP host institutions like lawschools “mistakes” like this one below can bring major harm.

In the Medill Innocence project, a professor at Northwestern University’s Medill School of Journalism, David Protess, was picked to head this.

His work had overturned convictions in a number of high-profile cases that won freedom for the ‘wrongfully imprisoned’ and earned him fame and prestige that included a TV-movie deal and a new post. From the start, Protess got his law students to were acting as amateur gumshoes, Protess dispatched them to interview witnesses and dig up new evidence.

Protess was looking for wrongful convictions.  He thought he had found one in Anthony Porter, who had narrowly escaped execution for a 1982 murder and had since served fifteen years, after winning a last minute reprieve.

Protess was keen to highlight that the State had been prepared to execute an innocent man, and he and his private eye students pinpointed an ‘alternative perpetrator’ in Alstory Simon.

“This investigation by David Protess and his team involved a series of alarming tactics,” the Cook County State’s Attorney, Anita Alvarez, said in her statement after Simon’s eventual release.  The Medill Innocence Project’s tactics, “were not only coercive and absolutely unacceptable by law-enforcement standards, “they were potentially in violation of Mr. Simon’s constitutionally protected rights.”

From the Daily Beast in 2014:

Perhaps the worst of those alarming tactics were used by Paul Ciolino, a private investigator working with Protess who got Simon to confess to the murder. According to Alvarez’s findings, Ciolino threatened Simon, promised him a short sentence and financial rewards for cooperating, and used an actor to play a witness who accused Simon of the shooting.

Finally, Ciolino volunteered a lawyer, Jack Rimland, to represent Simon in court. Rimland, a personal acquaintance of Ciolino, may have had a conflict of interest defending a man that his associate was trying to prove guilty, but that didn’t stop him from taking the case.

At the time, it did the trick. Alstory Simon confessed to the murder on video and within days, after more than a decade on death row, Porter walked free.

The State prosecutors then had to spend time and money retrying Porter and reaffirming the seemingly overwhelming evidence of his guilt (six eye witnesses named him).  However, the case against Porter was dropped a month later.  Following on from this case, Illinois banned the death penalty, in 2011.

More from the report in the Daily Beast.

After initially defending the program, Medill launched an investigation of its own. In the end, it was found that students working under Protess had used false pretenses in trying to elicit witness statements.

More damningly, the professor’s claim that the records from his class’s work were protected by journalistic privilege was undermined by the discovery that he’d altered an email instructing that the project’s findings should be turned over directly to defense counsels without any copies retained.

When it was all over, Protess had negotiated his retirement and left the school. His reputation bruised but with legacy of his central victory—winning Anthony Porter’s freedom—still intact.

After Simon’s release last month and the accusation that Protess helped put an innocent man in prison for 15 years, possibly freeing a killer in the bargain, his legacy may be the least of his concerns.


The IP Role

This is a perfect illustration of what can happen when badly supervised lawyers try to solve a case outside of a courtroom.  Delusion, fanaticism and a disregard for due process can blind an Innocence Project lawyer or law student to the truth of culpability.  In other words, they find themselves fighting the establishment, whatever that is, rather than true injustice.

The State prosecutor, Alvarez, said at the time:

“The bottom line is, the investigation conducted by Protess and private investigator Ciolino as well as the subsequent legal representation of Mr. Simon were so flawed that it’s clear the constitutional rights of Mr. Simon were not scrupulously protected as our law requires.”

In 2016, Alstory Simon filed a $40m lawsuit From the Chicago Tribune.

A federal judge on Tuesday gave the green light to a $40 million lawsuit alleging Northwestern University and former star professor David Protess conspired to frame a man for an infamous double murder that became one of the most significant wrongful conviction cases in Illinois history.

The lawsuit brought by Alstory Simon alleges Protess and private investigator Paul Ciolino manufactured bogus evidence, coaxed false statements from witnesses, intimidated Simon into confessing and set him up with a lawyer, Jack Rimland, who coached him to plead guilty.

In denying a motion to dismiss the lawsuit, U.S. District Judge Robert Dow said that it was plausible the money and publicity Protess had brought to Northwestern had allowed a culture of lawlessness and unethical conduct at the university.

The Bombshell Twist

In June 2017 Chicago Tribune reported a ‘bombshell’ twist.  It was revealed that in 2014 at the time of Simon’s release a 28-page internal report wherein the deputies of the then State Attorney Alvarez had concluded, ‘there is not sufficient evidence to seek to vacate Simon’s convictions’. 

Many High-profile Innocence ‘Exonerees’ Earn $’000’s

Simon is like so many prisoners released early, whether or not there is an ‘Alford’ deal – where release is on condition the prisoner accepts the State does not accept liability that the conviction was wrongful and no ‘certificate of innocence’ is provided.

This type of deal is true, for example, for ‘Sunny’ Jacobs, released from death row and finally prison for her role in the murder of two policemen in Florida, and the notorious WM3 which includes Damien Echols, who has since made millions from books and tours on the back of ‘innocence’.

Amanda Knox, Damien Echols and the other two WM3 are listed by All American Entertainment as exonerated ‘speakers’ charging up to $10,000 a time.  Yet none have had a ‘certificate of innocence’.  Thus, by Ciolino’s own words, they cannot be classed as ‘exonerated’.

Cook County ‘Wanted to Prosecute David Protess and Paul Ciolino’

The reason Cook County gives for refusing to vacate Simon’s conviction is because he failed to come clean on the deception a taking a rap for another man’s crimes in exchange for a shorter sentence.  The reports states:

Simon was not a child or inexperienced at any relevant time. As of 1982 he had accumulated an extensive criminal history. He had been arrested for robberies or armed robberies five times between 1966 and 1977. He had three felony or armed robbery convictions. ... He was 47 when he (pleaded) guilty. This certainly complicates his claims regarding coercion and being misled.

The report criticises the ‘less than ideal circumstances’ in which Ciolino tricked Simon into confessing the first time, after which Simon continued the masquarade by spontaneously admitting to firing the fatal shots for some time after his conviction.  For example, in a letter to his lawyers.

However, in spite of these reservations, Alvarez had called a news conference and announced there was ‘no other conclusion’ than that Simon should be freed.  Pointedly, she indicated that if it were not for the statute of limitations (time limit for bringing a charge) she would have prosecuted Protess and Ciolino.

Subsequently she declined to send representatives to contest Simon’s effort to win a “certificate of innocence,” a document that allows wrongfully incarcerated, factually innocent persons to collect cash damages from the state.  It was because whilst Simon probably did not commit the murders, he was part of the innocence fraud which put him in prison and which freed Porter.

Paul Ciolino Hits Back

The latest news, as of January 2018, leading on from the supposed ‘leaked’ document of 2014 which showed Simon’s convictions were merely ‘vacated’ is that Paul Cionlino is suing Simon, Alavarez, and a couple of the ‘Park’ filmmakers, a Chicago Tribune journalist and policemen for damages for ‘defamation’.

The 66-page petition mirrors the counterclaim Ciolino filed before and which was dismissed last year.  He claims his reputation and career were destroyed by the allegations in the Simon case.  Ciolino claims Simon was ‘paid thousands of dollars’ and witnesses interfered with by these anti-Innocent Project forces. 

The Murder in the Park documentary, asserts there are many other cases where ‘the wrong man is imprisoned and the right one was freed, which Ciolino claims is defamatory.  He highlights the letter to Simon’s lawyers in which he states he killed Hillard in self-defence and Green by accident.  Ciolino’s new lawsuit is described as ‘frivolous and without merit’ (Prieb) and ‘so false as to be sanctionable’ (Ekl)

Simon had alleged Ciolino impersonated a police officer and used actors as fake eye witnesses.  He claims Ciolino said if he confessed, he’d get a shortened sentence by claiming ‘self defence’ and avoid the death penalty.  He was also ‘promised large sums of money from book and movie deals’ if he played along, the suit alleges.

Paul Ciolino Acknowledges a Vacated Conviction Does Not Mean ‘Exoneration’

If this illustrates anything, it’s that Innocence Projects running parallel to the US legal system can cause all sorts of chaos and confusion.  In effect, Alvarez the State Prosecutor having freed Simon, is now refusing to vacate his conviction.  The Innocence Project does not see a vacated conviction as an ‘exoneration’ as evidenced by Ciolino suing for defamation on the grounds that ‘Simon is guilty after all’.

If a vacated conviction does not mean exoneration to people like Ciolino, then people like Ryan Ferguson, the West Memphis Three and Amanda Knox, whom the Innocence Projects spearhead as their ‘Star Exonerees’ are gods with clay feet standing on a false pedestal.

It calls into question the integrity of Innocence Project lawyers, such as Kathleen Zellner, who is said to earn more than $12m per annum as a conservative figure.  The last published Annual Report of the Innocence Project shows a turnover of $26m, with a surplus gain of >$3m in the ‘not-for-profit’ org in 2016.  Zellner is famous for obtaining ‘death bed’ confessions from prisoners on Death Row taking the rap for the alleged crimes of her clients, thus securing their release.

8. My Conclusion About This Above

Given these pressures and these possibilities for mismanagement, what of the IP’s illegal intervention into the case in Italy? What of the false touting of an “innocent” Knox? What of the trashing of Italian justice, in witting or unwitting harmony with the mafias?

Another IP trainwreck waiting to happen. And happen it did.

9. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Monday, March 12, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #1

Posted by Hopeful



Jason Flom, Amanda Knox

1. Series Overview

Barry Scheck’s Innocence Project quite openly admits to bending the 2011 appeal via collaboration with the “independent” DNA consultants.

Anyone who thinks Idaho IP representative Greg Hampikian’s seemingly illegal involvement in the court-ordered DNA re-testing was somehow competent and truth-based should read KrissyG and James Raper for two blasts of reality.

Beginning early in 2014 (soon after the Florence Appeal Court reaffirmed Knox’s guilty verdict and a whole year prior to the Supreme Court outcome) the Innocence Project clutched Knox firmly and propelled her onto the elite speakers’ circuit. It has repeatedly used her since as a keynoter and potent draw for attendees and presumably for funding too. 

Knox’s speaking career would have gone absolutely nowhere if Barry Scheck & Co had not promoted her with such manic enthusiasm. They still remain unencumbered by comprehensive due diligence or a fact-based narrative. Much simply seems unknown. Trashing Italy is apparently just fine.

Late next month at an Innocence Project “gala” in Kansas City Knox will yet again be an IP keynote speaker.

2. The Jason Flom Podcast

Jason Flom is a founding board member of the Innocence Project. As the sharp eyes of our main poster Guermantes picked up, Flom interviewed Knox in January 2017 for a podcast: The Wrongful Conviction of Amanda Knox.

Flom seems to have done little or no homework. Most of these posts predate this interview. So an open-minded interviewer not toeing the self-serving IP party line could have avoided the naivety and manipulation we can see here.

Knox tells Flom the Perugian investigators (actually the highly respected national elite) were like children pretending to process a crime scene but making major mistakes. Her tone of voice suggested mockery and ridicule of them playing at being forensic scientists.

Flom laps up this nonsense unquestioningly. However Knox’s lies to Flom were mainly of omission, so much that she didn’t want to speak of and that Flom could not even comprehend.

When he asked her why she was targeted when several other people were at the cottage the morning the police arrived (Filomena, her boyfriend, Raffaele) Knox explained that her behavior didn’t impress police as that of an innocent person because she was kissing Raffaele and being comforted in the yard of the cottage.

There is no special sign that she was targeted. And she omits a mountain of other behavior. She refuses to tell Mr. Flom of her highjinks in the Questura, her tongue sticking out, her cartwheels, or her thong-buying visit to Bubbles, nor of her skipping the memorial service for Meredith in the days after the death. None of that escapes her lips.

She does pretend some indignation about Rudy Guede the “real killer”. Mostly she talks of every single sad emotion she endured in the 8 months of incarceration before she was charged with murder.

She mentions Meredith throughout the interview very little. She seems to be mostly swept up in memories of how she was robbed of hope behind bars, and she revels (this was 2017) in how a few persons who first thought her guilty have been convinced by more recent media that she is innocent and have apologized to her. She ascends skyward on such thoughts.

Her main concern seems to be with her public image and her power to con the world.  It becomes evident when she narrates to Flom her morning at the cottage in the hours before Meredith’s body was discovered, when she first entered the cottage saying the door was wide open and she was there alone to take a shower before proceeding to go to Gubbio for the weekend with loverboy, that she was in a deep mental quandary as to the meaning of the open door, the small bits of blood in the sink (she emphasized to Flom how small the specks were) and the dirty toilet in a nearby bathroom that she was so greatly alarmed enough to want to slow down her trip out of town and instead bring Raf back over to see about things at the cottage and give his opinion.

She was so worried, she pretends. So terribly worried, but not worried enough to walk a few feet down the hall and open a bedroom door to see if a roommate were present and hadn’t heard her “hello, is anybody there?” Ridiculous. She also mentions that her computer was safe in her own bedroom and hadn’t been stolen but not one word that her lamp was missing… as if she wouldn’t have noticed that.

She talks much of her own humanity, that people who meet her will not judge her but will find her innocent, but if they haven’t met her in person they will assume guilt. She seems to feel that they need to be blinded by her “humanity” and give her a pass on having destroyed Meredith’s life. She says very little to Jason Flom about Raffaele, depicting him as a non-threatening puppy and their relationship before the murder as one of sweetness and a juvenile thing.

Mr. Flom suggests it was like a high school relationship between two college students, she half-way assents to his description. She said that the language barrier circumvented them from discussing deep issues, that it was mostly hand-holding and him wanting to give her perfume like Italian women wore and to show her some new store or market he had discovered.

Knox seems to hold her greatest anger and disdain (well-hidden of course unless you know this case backwards and forwards and have seen Knox’s wiles) toward Philomena. It was Philomena’s hysterics and shouts of “a foot, a foot” and the general screaming and shouting of spontaneous anguish and grief over knowing it was Meredith’s body in the bedroom, that seems to antagonize Knox the most. Imagine that, some people actually GRIEVED for Meredith and thought her worthy of a display of emotion and concern.

Knox tells Jason Flom that it was Philomena’s SIM card inside the cell phone that Meredith was using, that tied the phone to the cottage. It was Filomena’s SIM card that enabled the first police to rush to the cottage so fast, and who interrupted Knox in her little last minute cleaning scheme and that threw her out of her rhythm and almost tripped her up by arriving so quickly, perhaps that was why Knox despised Filomena so much. Also it was Filomena’s boyfriend who kicked open the door and thus sent Knox out of the cottage quickly and permanently. She seemed to show irritation with Flom when she spoke of being rousted from her house in Perugia.

She tells Flom that she believed the police when they said she was being sent to prison for her own protection, thinking she was a witness (untrue: grounds for arrest were fully explained by Dr Mignini). She said she should have realized when they put her in handcuffs that this was ludicrous, but she was naïve and idealistic.

She said she went to Japan and to Germany when she was 14 years old, and that her beloved Oma, her German grandmother, had wanted her to be an exchange student to Germany. She was taking German and Italian language classes before she went to Perugia, she said.

She seems to imply slightly that it was her father’s fault that she took the language courses rather her first love of creative writing. She said she felt she couldn’t have sold Dadddy on the usefulness of a creative writing degree, so she detoured and took the languages degree hoping to become a translator. She said that the University for Foreigners in Perugia was not demanding or rigorous at all and she was disappointed at that. (Hint hint, is she suggesting she had too much free time from studies and thus went wild due to “idle hands are the devil’s workshop”? She could easily have enrolled at the main university and gained course credits for her degree back in Seattle - as her parents believed she was doing.)

She bristles with rage at the thought of friends who suggested she change her name to deflect publicity. Never. Her ego is limitless and she wants to be herself, that is paramount.  She said her biggest fear was that she would forever have to cower in a corner. She speaks of her determination to do the opposite now that she has her freedom back and is safe to speak.

She seems sincerely grateful to people who spent their energy and time in trying to get her free from prison, and feared she might have been forgotten and left to languish behind bars. She seems sincerely moved that people who didn’t have to care about her, did so. No doubt this is the natural reaction of anyone sprung from prison cells, whether guilty or innocent.

Her main beef behind bars was that she could not sway the entire world with her words alone.  She talks a smooth line and certainly had Mr. Jason Flom in her sway. She also claimed that Meredith’s DNA had been thought to have been on the knife but that it was not (Carabinieri labs confirmed it was, so there’s another lie from Knox).

It irks me that people who question Knox won’t take time to read up on the case.

Why can’t they ask Knox about the 5 spots of her DNA mixed in Meredith’s blood throughout the cottage? Knox also laughs with Jason Flom about the impossibility of her cleaning up the crime scene, when it’s proven without question that a bloody footprint was erased that led to the footprint on the blue bathmat. Knox is lying about the cleanup.

And when Knox explained to Flom her discomfort at discovering the unflushed toilet, she tells him that Laura and Filomena were neat freaks (liked to keep a very clean house). She did not say the same for Meredith, but only mentioned Laura and Filomena being clean freaks. She did not tell Mr. Flom of her normal unflushed toilets that the long-suffering Meredith Kercher had to face daily.

Knox omits much of the truth, and twists the rest of the truth. Her best truth is whatever she can think up for the occasion. And the daffy Mr Flom swallows it.

3. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Friday, December 29, 2017

Why Did The Mainstream Media Enable A Takeover By The Conspiracy Nuts?

Posted by The Machine



How Seattle is misinformed. Exoneration? Riiiight….

Rampant Conspiracies

This condemnation is written in light of the ever-growing wave of translated transcripts.

They show how extremely good the investigation and case at trial really were. And how extremely wrong were too much of the press. Why did mainstream media organisations allow so many conspiracy nuts to spout their unsubstantiated and ridiculously far-fetched claims?

Mainstream media organisations have known for a while that the general public has an insatiable appetite for documentaries about allegedly innocent people who have been convicted of murders they didn’t commit.

A cursory glance at the selection of true crime documentaries on Netflix provides evidence of the appeal of this specific genre. Amanda Knox, West of Memphis and Making of a Murderer are all hugely popular.

The Serial podcast about the Adnan Syed/Hae Mine Lee case is one the most downloaded podcast of all time. Sarah Koenig presented the case from the defence’s perspective and concluded there isn’t enough evidence to convict Adnan Syed of Hae Min Lee’s murder. 

The juries in the respective cases above listened to the prosecution and defence present their cases in court.

They weighed the testimonies of the experts and witnesses for both sides and they were all convinced that Amanda Knox and Raffaele Sollecito, Damian Echols, Jesse Misskelley and Jason Baldwin and Steven Avery and Brendan Dassey and Adnan Syed were all involved in exceptionally brutal murders.

There is damning evidence against all the people mentioned above. But many journalists don’t want the facts to get in the way of a good story.

Among The Worst

Paul Ciolino admitted in a question-and-answer session about the Meredith Kercher case at Seattle University that CBS News didn’t care whether someone was innocent. The only thing they care about is the story.

I work for CBS News. I want to tell you one thing about CBS. We don’t care if you did it. We don’t care if you’re innocent. We like a story. We want to do a story. That’s all we care about.

It was recognised as far back as 1999 in the legal profession that journalists have an inclination to slant their reports in favour of the defendants.

P. Cassell, “The guilty and the ‘innocent’: An examination of alleged cases of wrongful conviction from false confessions”, Harvard Journal of Law and Public Policy, 1999:

...academic research on miscarriages should not rely on media descriptions of the evidence against defendants. Journalists will all too often slant their reports in the direction of discovering “news” by finding that an innocent person has been wrongfully convicted.

The default position of mainstream media organisations in the US was that Amanda Knox is innocent despite the fact that the vast majority of journalists who covered the case weren’t in a position to know this - they hadn’t regularly attended the court hearings or read a single page of any of the official court reports.

The news organizations in Seattle was so partisan in their support of Amanda Knox that they were effectively just mouthpieces for the PR firm of David Marriott that was hired by Curt Knox to influence a credulous and naive local audience who felt duty-bound to support the hometown girl.

Lawyer Anne Bremner couldn’t resist the temptation to use the case to promote herself in the media. Judge Michael Heavey was recruited so he could use his position as a judge to sway the public.

The vast majority of people in Seattle were kept completely ignorant of the basic facts of the case by all their newspapers and all their TV news, so they were not in a position to realize that both Bremner and Heavey got basic facts wrong.

Many American journalists who reported on the case hold the ridiculous belief that the US legal system is the only competent and just one in the world, and that no US citizen charged by a foreign court with any crime can possibly be guilty of it or ever receive a fair trial.

The claim that Amanda Knox was being framed for a murder she didn’t commit by corrupt officials in a foreign country by her supporters was manna from heaven for mainstream media organizations in America.

It was a sensational story that was guaranteed to enrage and entertain a gullible American public in equal measure.

It’s not possible to ascertain precisely who originated the story that Amanda Knox was being framed for a murder she didn’t commit by a corrupt legal system.

But it almost certainly came from someone within or very close to Amanda Knox’s family. Jan Goodwin was one of the first journalists to make the claim after interviewing Edda Mellas for Marie Claire in 2008.

Studying abroad should have been a grand adventure. Instead, Amanda Knox has spent a year in jail, accused by a corrupt legal system of murdering her roommate.

Goodwin didn’t offer any evidence to substantiate her claim that the Italy legal system is corrupt, presumably the word of Edda Mellas was good enough for her.

It transpired that the word of Edda Mellas and ex-husband Curt and Amanda Knox’s supporters was good enough for the vast majority of journalists who covered the case on both sides of Atlantic.

They unquestiongly accepted everything they heard without bothering to do any fact-checking whatsoever. Time and again not a single investigator or court official in Perugia was interviewed.

This explains the reason why so many articles about the case are riddled with factual errors and well-known PR lies.

Other media organisations wanted to get in on the act and claim there was dastardly plot to frame Amanda Knox for Meredith’s murder.

CBS News allowed a couple of zany conspiracy nuts to spout their nonsense without providing any evidence to support their wild-eyed claims. Here’s Paul Ciolino again:

This is a lynching ... this is a lynching that is happening in modern day Europe right now and it’s happening to an American girl who has no business being charged with anything. (Paul Ciolino, CBS News.)

Here is Peter van Sant.

We have concluded that Amanda Knox is being railroaded… I promise you’re going to want to send the 82nd Airborne Division over to Italy to get this girl out of jail. (Peter Van Sant, CBS News.)

The reporting was invariably tinged with xenophobic sentiments. Italy was portrayed as some backward Third World country whose police force was comically incompetent. Here’s CBS’s Doug Longhini.

But in the case of Amanda Knox, the American student convicted of murder in Italy last December, the Via Tuscolana apparently failed to separate fantasy from truth. Too many Italian investigators rivaled Fellini as they interpreted, and reinterpreted facts, to suit their own, surrealistic script.” (Doug Longhini, CBS News).

WHERE in all the transcripts is that proved?  Doug Longhini’s pompous and pseudo-intellectual comments are meaningless and lack any substance, although he was no doubt very pleased himself for his “clever” reference to Fellini.

Ironically Longhini was unable to separate fantasy from truth when he produced the error-ridden American Girl, Italian Nightmare for CBS News. The documentary includes the familiar PR lies about satanic rituals, the 14-hour interrogation sessions, and Knox not knowing Rudy Guede.

Lawyer John Q Kelly seemingly forgot the Latin maxim “semper necessitas probandi incumbit ei qui agit” - “he who asserts must prove” - when he claimed that Knox and Sollecito were being railroaded and evidence against them had been manipulated.

My thoughts, Larry, it’s probably the most egregious international railroading of two innocent young people that I have ever seen. This is actually a public lynching based on rank speculation, and vindictiveness. It’s just a nightmare what these parents are going through and what these young adults are going through also.

“There’s been injustice here. There’s been injustice in other countries but this is just beyond the pale. The manipulation of evidence; the most unfavorable inferences drawn from the most common of circumstances and conduct was just a gross injustice here.”

(John Q Kelly, CNN).

Judy Bachrach was also allowed to claim there was a conspiracy to Amanda Knox on CNN.

Everyone knew from the beginning that the prosecutor had it in for Amanda Knox, that the charges are pretty much trumped up…

From the beginning this was carefully choreographed, they wanted to find her guilty, they’ve kept her in jail for two years even before trial and they did find her guilty. This is the way Italian justice is done. If you’re accused, you’re guilty.

There isn’t an ounce of hard evidence against her and all of Italy should be ashamed actually.” (Judy Bachrach, CNN).

Arguably the craziest conspiracy nut - and the competition is fierce - is the former FBI agent Steve Moore in early retirement.

Steve Moore claimed the Perugian police, Guilano Mignini, Dr Patrizia Stefanoni, Edgardo Giobbi the head of the Violent Crimes Unit in Rome, Judge Massei, and the Italian Supreme Court were all part of a dastardly plot to frame Amanda Knox.

Moore claimed the following on his blog.

For this to happen, though, pompous prosecutor Giuliano Mignini, forensic perjurer Patrizia Stefanoni, and mind-reading detective Edgardo Giobbi (and others), must be prosecuted for their corruption. The judge who rubber stamped the lies in the first trial, Massei, must be also called to the bar of justice-or back to law school.

In a discussion with lawyer Paul Callan on CNN Moore actually claimed the Supreme Court was involved in the conspiracy.

Paul Callan: “And now … and they (the Perugian police) got the Supreme Court of Italy involved in this conspiracy? You know, that’s like saying that … [Steve Moore interrupts]”

Steve Moore: “Yes, they do. Yes, they do. You are being naive. You don’t understand the Italian system. You don’t understand it. You are defending something you don’t understand.”

Barbie Nadeau reported Moore’s claim that evidence was manipulated for The Daily Beast.

The evidence that was presented in trial was flawed, it was manipulated.

Steve Moore has never provided any evidence to support his wild-eyed hysterical claims there was a huge conspiracy involving a prosecutor, different police departments, Judge Massei and judges at the Italian Supreme Court to frame Amanda Knox for Meredith’s murder.

It’s no wonder TV legal analyst Paul Callan was smiling, desperately trying not to burst out laughing, when he discussed the case with Moore on CNN.

Moore provided irrefutable proof in the short time he was on CNN that he is ignorant of the basic facts of the case, and that he hasn’t read any of the official court reports. He falsely claimed “the DNA that they said was Raffaele’s was actually a woman’s DNA.”

No expert claimed this at the trial.

Sollecito’s DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17. David Balding, a professor of Statistical Genetics at University College London, analysed the DNA evidence against Sollecito and concluded it was “very strong”.

Moore told Erin Burnett: “The second trial proved with independent experts that the DNA that they claim was the victim’s was not on the knife.”

A number of forensic experts - Dr Stefanoni, Dr Biondo, Professor Novelli, Professor Torricelli, and Luciano Garofano - have all confirmed that sample 36B which was extracted from the blade of the knife WAS Meredith’s DNA. The independent experts did not carry out a test on this sample. 

In England there were deranged conspiracy nuts claiming Amanda Knox was framed too.

Amy Jenkins bizarrely claimed in The Independent that Knox and Sollecito were the victims of a miscarriage of justice because Knox was a young woman, the Italians didn’t like the fact Knox snogged her boyfriend and someone needed to save face or something.

The truth is, Amanda Knox’s great crime was to be a young woman – but mainly it was to be a young woman who didn’t know how to behave. She was 20 years old, she was suffering from shock, and she was in a foreign country. She was interrogated with no lawyer and no translator present. She made a phony confession.

Clearly no saint, she wasn’t a Madonna either. That’ll make her a whore then. She snogged her boyfriend; she was slightly provocative on Facebook; she turned an inappropriate cartwheel. In a Catholic country, it’s clearly not such a leap to go from there to stabbing your room-mate in the neck during a violent sexual assault – because that’s the leap the prosecution made.

To save face, Knox and her poor boyfriend had to be somehow levered into the frame. As the whole juggernaut of injustice chugged on it became harder and harder for the six lay judges who acted as a jury to destroy a case that had been constructed over two years by prosecutors who were their close working colleagues.” (Amy Jenkins, The Independent).

Conclusion: READ THE DOCUMENTS

More and more the translated documents prove that all of them have been wrong. The conspiracy theorists predictably haven’t provided one iota of evidence that there was ever any conspiracy to frame Amanda Knox for Meredith’s murder.

I suspect the producers at mainstream media organisations like CBS News and CNN knew there never was any conspiracy to frame Amanda Knox all along, but they didn’t get care because they wanted a sensational story. 

Too many people within the media perversely see murder as entertainment. Rather than providing balanced and factually accurate coverage of murder cases they want to outrage and entertain the masses with melodramatic stories of conspiracies involving corrupt prosecutors and cops who want to frame innocent people for murders they didn’t commit instead.

We shouldn’t be surprised by the popularity of Making of a Murderer on Netflix. It filled a vacuum after Knox and Sollecito were acquitted in 2015.

I have no doubts that journalists from mainstream media organisations are currently looking for the next alleged case of someone being framed or railroaded for a murder they didn’t commit.


Tuesday, November 07, 2017

Knox v Knox 1: Series overview - How She Herself Provides Proofs Of Lies

Posted by Chimera



Reason whythere’s no similar shot of RS showing warmth to AK

1. Series Context

Knox lies?! Anyone who reads here for a while is left in no doubt of that.

Anyone who watched the trial in Italian concluded that. Even her own lawyers concluded that. They publicly requested in 2008 that she stop all her lying.

Numerous sworn witnesses in court, with no dog at all in this fight, contradicted her. Easily identifiable lies now number up in the thousands. They tend to be malicious (how she hates other), and they tend to be narcissistic (how she loves herself).

To close case-watchers they stand out a mile. 

And yet amazingly more than four out of every five critics who reviewed her book on the Amazon site accepted what she said, word for word. And more than four out of every five critics who reviewed the Netflix report accepted what she said, word for word.

Past posts and series addressed Knox lies at (1) the time of arrest and 2007 hearings, (2) the 2008 hearings, (3) Knox at trial, (4) Knox in prison, (5) Knox at the Hellman appeal, (6) Knox back in Seattle, when (7) she wrote her book, (8) Knox emailing Judge Nencini, (9) Knox in recent paid presentations, and (10) Knox on US media and especially Netflix (with more to follow).

This further 8-part series puts (2) above along side (7) above to show further how it is a really, really bad idea to believe anything at all in Knox’s book.

Knox very often lies by omission - she leaves out numerous key facts - and her shadow writer and editors seemingly enable that. I will address some of Knox’s key omissions in this first post.

What Was Omitted From The Book

(1) Knox At Trial In 2009…

Here is Knox’s entire text of a full two days at court on June 12-13, 2009 in Waiting to be Heard (Chapter 26, Pages 324-327).

“Your Honor, I’d like to speak in Italian,” I said politely. I didn’t think about whether it would work or whether it was a good idea. All I could think was, I have been waiting my turn for nearly two years. This is it!

At least prison life had been good for my language skills.

I was relieved to be able to speak directly to the jury. The hard part wasn’t the Italian; it was being an active listener for hours at a time, making sure I heard the questions correctly and that my questioners didn’t push me around.

Pacelli tried to insinuate that I’d come up with Patrick’s name on my own in my interrogation. “No,” I said. “They put my cell phone in front of me, and said, ‘Look, look at the messages. You were going to meet someone.’ And when I denied it they called me a ‘stupid liar.’ From then on I was so scared. They were treating me badly, and I didn’t know why.

“It was because the police misunderstood the words ‘see you later.’ In English, it’s not taken literally. It’s just another way of saying ‘good-bye.’ But the police kept asking why I’d made an appointment to meet Patrick. ‘Are you covering for Patrick?’ they demanded. ‘Who’s Patrick?”’

We went over how I found the room for rent in the villa, my relationship with Meredith, my history with alcohol and marijuana, and what happened on November 2. The prosecution and the civil parties were confrontational. I was able to respond. It took two exhausting days, and there were a few questions I couldn’t answer.

I’d purposely tried to forget the emotional pain of the slap to my head. Other memories had become muddled by time. For instance, I remembered calling my mom only once after Meredith’s body was found, but cell phone records indicated that I’d made three calls while Raffaele and I were standing in my driveway.

During my testimony, I was clear. I never stumbled or stalled. I just said, This is what happened. This is what I went through.

I relaxed a little when it was Luciano’s turn to question me.

“During the interrogation, there were all these people around me,” I said. “In front and behind me, yelling, threatening, and then there was a policewoman behind me who did this.”

I slapped my own head to demonstrate.

“One time, two times?” Luciano asked.

“Two times,” I said. “The first time I did this.”

I dropped my head down as if I’d been struck and opened my mouth wide in surprise.

“Then I turned around toward her and she gave me another.”

“So you said what you said, and then you had a crisis of weeping. Then they brought you tea, some coffee, some pastries? When did this happen? If you can be precise,” Luciano asked.

“They brought me things only after I made declarations - depositions” - that Patrick had raped and murdered Meredith, and I had been at the house covering my ears.

“I was there, they were yelling at me, and I only wanted to leave, because I was thinking about my mom, who was arriving soon, and so 1 said, ‘Look, can I please have my phone,’ because I wanted to call my mom. They told me no, and then there was this chaos. They yelled at me. They threatened me. It was only after 1 made declarations that they said, `No, no, no. Don’t worry. We’ll protect you. Come on.’ That’s what happened.

“Before they asked me to make other declarations-1 can’t say what time it was—but at a certain point I asked, ‘Shouldn’t I have a lawyer or not?’ because I didn’t honestly know, because I had seen shows on television that usually when you do these things you have a lawyer, but okay, so should I have one? And at least one of them told me it would be worse for me, because it showed that I didn’t want to collaborate with the police. So I said no.”

Then it was Mignini’s turn. “Why did you say, ‘Patrick’s name was suggested to me, I was beaten, I was put under pressure?”’

As soon as I started to answer, Mignini interrupted with another question. He’d done the same thing to me during my interrogation at the prison. This time, I wasn’t going to let it fluster me. I was going to answer one question at a time. Showing my irritation, I said, “Can I go on?”

I described my November 5 interrogation again. “As the police shouted at me, I squeezed my brain, thinking, ‘What have I forgotten? What have I forgotten?’ The police were saying, `Come on, come on, come on. Do you remember? Do you remember? Do you remember?’ And then boom on my head.” I imitated a slap. “‘Remember!’ the policewoman shouted. And then boom again. ‘Do you remember?”’

When Mignini told me I still hadn’t proved that the police had suggested Patrick’s name, my lawyers jumped up. The exchange was so heated that Judge Massei asked if I wanted to stop.

I said no.

At the end, the judge asked what I thought of as a few inconsequential questions, such as, Did I turn up the heat when I got to the villa that Friday morning? Did we have heat in the bathroom, or was it cold? Rather, the judge was trying to catch me in an inconsistency. Why would I come home to a cold house when I could have showered at Raffaele’s?

Then it was over.

In the past I hadn’t been great at standing up for myself. I was proud that this time was different.

When the hearing ended, I got two minutes to talk to my lawyers before the guards led me out of the courtroom. “I was nervous when you first spoke,” Luciano admitted, “but by the end I was proud of you.”

Carlo said, “Amanda, you nailed it. You came across as a nice, intelligent, sincere girl. You left a good impression.”

I took this to mean that I didn’t come across as “Foxy Knoxy.”

For a while during the trial, the guards would let my parents say hello and good-bye to me in the stairwell just before I left the courthouse for the day. My mom, my dad, Deanna, Aunt Christina, and Uncle Kevin were waiting for me there that day. They hugged me tightly. “We’re so proud of you,” they said.

I hadn’t felt this good since before Meredith was murdered.

After another few days in court, the judge called a two-month summer break.

(2) What The Book Description Omits

I am not expecting a complete trial transcript by any means, but here are some of the numerous vital details conveniently left out.

(a) First, to state the obvious…

(1) AK omits that her book directly contradicts a lot of what was said on the witness stand (okay, that’s not saying much)

(2) AK omits that her book leaves out a lot of what was said on the witness stand (okay, that’s not saying much)

(b) Second who asked the questions

(3) AK omits that she was questioned by Francesco Maresca (Kercher lawyer)

(4) AK omits that she was questioned by Guilia Bongiorno (Sollecito lawyer)

(5) AK omits that she was questioned by Luca Maori (Sollecito lawyer)

(6) AK omits that she was questioned by Giancarlo Massei (Trial Judge)

(7) AK omits that a taped phone call was played (with Filomena Romanelli)

(c) Third, how much makes no sense

(8) AK claims she didn’t expect to be interrogated, but leaves out that she showed up unannounced and uninvited

(9) AK omits telling the Court she doesn’t know how to delete “sent” messages, as she’s not a “technical genius”

(10) AK claims she was asked about “imagining things”, but not about the list she had put together

(11) The same 2 “slaps” are used to: (a) get Knox’s attention; (b) get Knox to remember; (c) get Knox to stop lying; (d) to get Knox to say Meredith had sex; (e) to get Knox to give up a name; (f) to confirm a name.  So, I assume she was smacked about 12 or 14 times….

(12) AK knew Meredith screamed, but only because it was suggested to her

(13) AK knew Meredith’s body made a “thud”, but only because it was suggested to her

(14) AK knew about the sexual assault, but only because it was suggested to her

(15) AK knew about Meredith having her throat cut, but only because an anonymous officer told her—or was it gestured?

(16) AK knew Meredith took a long time to die ... because she watches CSI

(17) AK knew about the gurgling sounds Meredith made .... because she watches CSI

(18) AK asked for pen and paper to write that she didn’t know what the truth is

(19) AK tells her Mother PL is innocent, but isn’t sure she didn’t imagine it (and report that)

(20) AK, in the same testimony, imagines both: (a) PL is guilty; and (b) PL is innocent.  Well, 1 of those must be true.

(21) AK needs a mop for a little puddle at RS’ home, yet hops around on a bathmat in her own home

(22) AK doesn’t think to flush a toilet that had been used 12+ hours before

(23) AK is asked to imagine things, even though there is all this hard evidence

(24) AK was starved, yet the police still brought her tea “and other things”

(25) AK saying “I can’t lie.  I was there” is just a euphemism for screwing with RS.  Not an admission of guilt

(26) “Hickies” from boyfriend apparently look like cut marks

(27) AK supposedly had a class project once where she describes the 10 minutes prior to discovering a body

(28) AK doesn’t know Ficarra’s name (her supposed abuser), but does remember it after another 4 years

(29) AK doesn’t clean up blood after seeing it in her bathroom

(30) AK is freaked out by an open door, which she suspects a housemate left while throwing out the garbage

(31) AK doesn’t think its strange that her lamp got locked in Meredith’s room

(32) AK doesn’t remember calling her mother in court, but remembers it fine after another 4 years

(33) AK only knew Meredith a month, and just wants to get on with her life (some “friend”)

(34) AK imagines things that last for years, but this is the only situation where it ever happened

(35) AK “might” have been interrogated by dozens of people.  Or it could have been a few, and the faces weren’t familiar

(36) Despite huge amounts of evidence, the police ask Amanda to imagine what could have happened

(37) The police investigative technique of asking witnesses to “imagine things” is only ever applied to AK.  Never before.  Never afterwards.

(38) AK doesn’t really know what the word “confirm” means

(39) AK has trouble—even years later—distinguishing between imaginary and reality.

Conclusion

To put it mildly, what Knox said previously in court in 2009 does not match up with her book in 2013 and her 2015 addition.

Seems that AK is either: (a) forgive me, but a complete bullshitter, who lies through her teeth as often as breathing; or (b) has an extremely limited grasp of reality, which even Sollecito and others who know her have suggested, coupled with a very poor memory; or (c) a combination of (a) and (b).

This makes it very hard for us to distinguish between what she genuinely can’t remember - psychologists feel she may have blanked out the attack on Meredith - and what are actual new lies.

Not an envious task for any trial court.  Judge Massei seems to have had a hard time making any sense of it whatsoever. Judge Nencini hardly bothered.
 

Series will continue

Tuesday, September 19, 2017

Netflixhoax 20: Longer, Better Interviews With Dr Mignini Show Clearly How Netflix Cherrypicked Him

Posted by The TJMK Main Posters




1 How Netflix Cherrypicked

First please check our previous post Dr Mignini Responds To A Reporter Misrepresenting Him About The Report.

Other British and American reporters have also tried to play “gotcha” with Dr Mignini by cherrypicking his replies when the English version comes out. The exact same trick the Netflix team played on Dr Mignini was played by KOMO TV in Seattle, CNN, CBS, and the Guardian. To all of those he later replied.

Dr Mignini was led to understand that the Netflix production team was a respected Danish group. He was not told that it consisted of several American crackpots notorious over the years for harassing reporters and justice officials around Perugia and online.

Dr Mignini was seated in front of a camera by interviewers who knew no Italian and seemingly knew very little about the case or about the version of Knox Italy saw in 2007 and 2008 before the play-acting cut in. They appeared to want only light simple titillating stuff, aimed at about 12-year-olds.

The team didn’t happen to mention that half his interview would end up on the cutting room floor - or that Amanda Knox would be given more than twice the time, to spin unchallenged a number of long-rebutted lies.

2. Netflix’s Dishonest Takeaway

The takeway of well over 100 reviewers (we will soon be posting quotes from all of them) was that (1) Dr Mignini invented a sex crime and (2) next thing Knox was convicted, based pretty well solely on that.

In the interview below, mirrored by others, Dr Mignini explains how very much more complicated than that it was to narrow down to Knox’s definite involvement. His team took into account dozens of factors and put them all in evidence.

And our interrogation hoax series shows how he handed over control of the investigation almost instantly after Knox’s arrest to Judge Matteini (never mentioned by Netflix) and numerous other judges (never mentioned by Netflix) including Supreme Court judges in 2008 who in fact took a harder line rather than releasing Knox as they could have done.

3. The Long-Form Mignini Interview

This interview came to us almost by accident. It is the full transcript of Drew Griffin of CNN and Dr Mignini. Griffin, who speaks no Italian, later tried to hide almost all of what was on the recording, and instead cherrypicked and disparaged Dr Mignini despite his courtesy in doing the interview.

Skeptical Bystander of Perugia Murder File obtained the recording. Translation was by Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

4’09’’ CNN: There have been many stories about this crime, about what people think happened. What do you think really happened?

4’20’’ Mignini: Well, I am a magistrate for the Public Prosecutor’s Office who found himself ... I was on duty at the time and thus I happened to be dealing with this matter randomly. For me it is a criminal proceeding that I dealt with, and I am currently working on it today at the appeal level.

4’49’’ What happened was that a crime was committed for which we conducted an investigation in the best way considering the situation. And there was a trial which, in the first instance, resulted in conviction with full acknowledgement of the theory of the Public Prosecutor’s Office. I know there have been books, there were also films on the subject, but this is something for which I have limited interest. My job is to be a prosecutor for the Public Prosecutor’s Office who dealt with this case. I am interested in it from this point of view, nothing else.

6’30’’ CNN: But exactly how was the crime like, what you and your assistants, I do not say [missing words: *what happened?] ... but [what] you understood, who are the murderers, and the reason for this murder?

6’46’’ Mignini: I can tell you our impression when I arrived on the scene. I arrived basically, I believe, I think around 2:30 p.m. on Nov. 2, and I found myself facing a crime that obviously looked like - this is the impression I got in the first place and it was subsequently confirmed by the investigations and the proceeding - a murder of a sexual nature, in which there was this girl who was undressed or nearly so, a young woman who was covered with this, with this quilt. And the other thing which struck us, which was of immediate interest, I said this on other occasions and I repeat it because I’ve said it also at the first trial, was the break-in. And it appeared immediately – the climbing, the simulation of climbing, with a stone thrown through the window, through two shutters that were there, that left open quite a narrow space, rather limited room between them – immediately that appeared to us to be a simulation.

8’38’’ So there was this crime of a sexual nature and a simulated burglary. That is, the perpetrators or perpetrator, at that moment we were making a preliminary assessment, was someone who attempted, that appeared to be the situation to us, he had attempted [missing words] So that appeared to be the situation, an investigation of unknown persons; whereas instead the house, the house door was completely intact, there had not been a been a breaking open, and this made us think, then, as the investigations progressed, because as investigations go, by approximation you slowly get closer to it, to the ascertaining of the facts, it was, we thought it was someone who knew the victim and had an interest in orienting the investigation toward strangers.

09’44’’ Then the investigation went on. There were other important issues ... [missing word: *facts?] that have occurred [missing words]; they remained as key aspects of ... of what is called the basis of the charge. Which, by the way, for us is not the side of the accusation; we are an office that also has the task of ascertaining facts in favor of the suspect during the investigation.

10’19’’ What struck us besides the issue of the simulation was a series of endless contradictions, of inconsistencies, in the story of the two young people, the two young people who later became suspects and then defendants. And then, in particular, the calunnia [false accusation], then, what turned out to be such, a false accusation, made by the accused against her employer, a black man, Lumumba, Patrick D. Lumumba.

10’53” Here it is, this is it. Then, the elements of which there is much talk today, the elements which consist of forensic evidence, there was also evidence. There are the fingerprints, the [foot] prints, the phone cell records. These elements are ..., especially the forensics, they arose at a later time. This means, from the beginning what oriented the investigations toward these people, and later toward the black subject, Rudy, Rudy Herman Guede, who ... [missing word?] they were, that of Herman Guede was identified through the forensic material that was found.

The two youths were, let’s say they became objects of…[missing words?] the perpetrators of the murder, based on the findings that emerged at the beginning of the investigation, namely the simulation, the contradictions found especially in Amanda’s story, especially when she tells of having spent some time in the house, having taken a shower, in spite of everything. And then the call, the behavior that they maintained, especially the girl, upon the arrival of the postal police. And then the accusation, which was obviously a false accusation against Lumumba. So all these factors then they have, they led to the formulation of these accusations against them, which were later substantiated by the results of forensic tests, scientific evidence, were made by the scientific police, that is, the scientific police, which is that at the top of the national scientific police, which operates directly under the department of Public Security of the Ministry of the Interior. We also had the local scientific police, but the one which operated was the scientific police placed under the command of Public Safety, thus at the central level.

16’34’’ CNN: Before there was the evidence from the forensic police, did you arrive at your conclusions with respect to Amanda Knox by instinct?

17’00’’ Mignini: The scientific elements were coming in, as I recall, they were coming in gradually. Now, I would not be able to tell you [missing words] ... I think, for example, that the issue of the knife, and then the sample, the genetic profile of the victim on the blade and the genetic profile of the defendant on a spot where the handle of the knife is close to the insertion of the blade, I think that was entered quite later compared to the initial investigation. But in fact the order of detention, ... which I ... which is the act by which, under which the two young people and, at the time, also Lumumba who was later released, were taken to the house of preventive detention, that is in prison. In this detention order, there was no mention of any DNA analysis [indagini genetiche], obviously.

18’08’’ There is, in the detention order and in the hearing before the Judge of the Preliminary Investigation [GIP] on the validity of the detention and then in the first months, the first weeks of investigation, that is our belief, mine and the flying squad, that the behavior of two young people and in particular, this actually is [missing words]... it was a detail that was even more obvious regarding Amanda, [we thought] was such that the two were considered involved in the crime. Thus before that, it was an initial assessment of those elements that we had at the beginning to orient the investigation toward them. Then confirmations came. And there were many elements of corroboration at the end; they were very significant, very numerous. But at the beginning we had these elements, again, in particular the issue of simulation.

20’13’’ CNN: And what was the proof, because from what we understand the scientific evidence does not point to them ... the two of them?

20’25’’ Mignini: Well, then: so now I,  to list all the evidence [elementi] that was found, it would be [missing words] on the other hand they have been mentioned in the First Instance sentence report by the Court of Assize. Mmm, then ...

20’50’’ The issue of the simulation ... The issue of the simulation, in that house just in those days, i.e. 1, 2 November, the second was a Friday, the third was a Saturday, the fourth was a Sunday, on that weekend in 2007 there was only Meredith and Amanda in the house in Via della Pergola. Since the two Italian girls were away from home: Filomena Romanelli was with her boyfriend in another part of town, she was staying there overnight, while Laura Mezzetti was in the province of Viterbo.

21’36’’ So in the house that night there was only Amanda and the victim. Amanda said she was in Sollecito’s house, which is actually a five-minute walk from the house of Meredith. Because of the distance, we must take into account the distance, you shall go to see these places, you see that the distances are very short, very limited. So who might have an interest in simulating intrusion by a stranger? Only a person who might be worried about being implicated in the crime.

There was no sign of forced entry through the front door, so this is an extremely significant element. Then we have again the inconsistencies that can be detected in the statements. There is the fact, then during the investigation the homeless man, the homeless man came in, who very precisely identified the two young people, he said he saw the two basically the night between the 1st and 2nd, a few meters from the house where the crime happened, in which it was committed, presumably at a time compatible with the crime. While instead the two young people stated they had remained all the time at Raffaele’s home. There is another detail which at the beginning of the investigation [was] something that has, let’s say, intensified the elements for us; it was the fact that Raffaele at the beginning had attempted, let’s say he attempted to state that he stayed at home while Amanda had been out and she returned to Raffaele’s house I think at about two a.m.

Then this approach has been kept by Raffaele during the hearing for validation of arrest, and afterwards was abandoned as Sollecito’s defense line became more, let’s say, supportive of Amanda. But at an earlier stage Raffaele stated this position of separation between the two.

Then other elements are given by the fact, were given by the fact that the homeless man saw them on the night of the crime in a location a few steps, a few meters away from the crime and at a time shortly before the murder occurred.

There is a statement of the neighbor lady who lived nearby, who heard a scream at a time compatible with that specified, with what we thought could be the time of death of Meredith, that is between 23.30 and midnight. And this, this lady, heard footsteps, there is a whole description that now I will not repeat because it has been explained ... rather, it was described at length in the first trial, she heard the footsteps of some people who are moving, running, along the clear ground facing the house of the crime, others were running up the stairs, almost simultaneously, running on the metal stairs which are above the garage and basically end up in via Pinturicchio. I do not know if you are familiar with the city of Perugia, but I guess not. So this scream the lady heard, a terrible scream and also another neighbor heard it, at a consistent time, I repeat, and this simultaneous running of subjects on opposite sides, from different, distant areas, basically corroborated the fact that there were multiple murderers.

26’09’’ Rudy himself, in his questioning has, while remaining vague, more or less vague with respect to Sollecito, however later during the various interviews he more or less indicated quite clearly that Amanda was present.
Then [we had] the questioning, then there were questionings that were done. I remember one of them, that of Amanda in prison which was an interrogation that has made me… you asked what elements did I use to let’s say support the charge, saying in quotes the prosecution, there was also an interrogation in prison, Amanda, in inverted commas let’s say the accusation in the presence of the defense attorneys of course, and which confirmed the profound shock in which she always fell every time she had to tell what happened that night.

And then there were the results… well, fingerprints ... footprints, the footprints on the rug of the bare foot stained with blood, an especially important detail which I see many have not talked about but which is extremely important, is the mixed stains of blood in the small bathroom close the scene of crime, those of the defendant and the victim.

31’00’’ CNN: In the room [missing words]

31’05’’ Mignini: But let’s say I may reverse the issue: how do you explain the DNA, the genetic profile of the victim on the knife found in Sollecito’s house, together with the genetic profile of the defendant located at the area of the blade [possibly meaning: handle] where force is applied, not where you cut…

31’40’’ CNN: Are you sure that one was the knife?

31’44’’ Mignini: That it was for us, I can say this: first you have to start from a premise: Amanda and Sollecito knew each other only since October 25. That is, we think, because this detail is very significant with respect to the relevance of this finding, since we [may just] think it was a relationship, usually we don’t think of the fact that actually they had known each other for a week. And thus this knife was never touched in conditions ... I tell you what we found in the investigation, I am talking about what we ascertained during the investigation - this knife was never touched by Meredith under normal circumstances. It was never brought to Meredith’s home, this is what the two Italian housemates say, and so why, [since] Meredith had never been to Sollecito’s house, why was Meredith’s genetic material found on the blade by the forensic police, and the genetic profile of the defendant on the spot of the handle that is where the hand would press not as you apply pressure from top down, but from back to the front, that is in a condition similar to that when you strike a blow, like this. So this…

And I have… during the first trial I tried to show very clearly that this knife, the witness, the inspector I think whose name was Armando Finzi, he’s the one who conducted the search at Sollecito’s and found this knife. And I asked: did you put on your gloves at the time, was it the first pair of gloves you were using, in that search that was the first pair of gloves, he went [there], he started the inspection, he had not touched anything else, he opened the… the cupboard where this knife was. I do not remember if he took away several, but he picked up this knife that was immediately - and thus with the gloves that he was wearing in that moment – it was immediately closed and sealed, was brought to the flying squad, where another police officer, the superintendent, I think, Gubbiotti, using the same technique, put it into a sealed container which was then carried to… was then analyzed. So this was, let’s say because I wanted this to be highlighted and I think the Assize Court says so, I wanted to show that there was no possibility of contamination by the police, by the flying squad, with regard to this item.

35’04’’ Also because, I would like this to be noted, from the perspective of Italian law, evidence of contamination must be given by the person who invokes it. This means: I found the genetic profile, you as defense attorney say ‘there could be contamination’, you must prove it. That is, the burden of proof is reversed: it is you, the one who invokes the contamination, the one who has to give evidence of it. And this evidence was never given and cannot, I think, it cannot be given. That is, the one who claims a fact must prove it, onus probandi incumbit ei qui dicit, non ei qui negat. [Translator’s note: This sentence was spoken in Latin and translates as “the burden of proof is on those who assert something, not on those who deny it”.]

36’50’’ CNN: Was it certain the genetic material was that of Meredith, and not genetic material that might be consistent with that of Meredith?

37’01’’ Mignini: No, no, it was like that. It was ascertained as such by the scientific police.

37 ‘20’’ CNN: So your detectives went into the apartment ...

37’28’’ Mignini: No, the knife was collected, then it was brought to the scientific police, it was sent to the scientific police in Rome.

37’ 40’’ CNN: Yes but your detectives entered the apartment and they selected right this very knife…

37’49’’ Mignini: I believe samples were taken from several, that is, not only that particular knife. I think, if I’m not mistaken. I think more knives were tested; however, one of those was definitely exhibit 36, the famous exhibit 36. And on this exhibit is where [a sample] was recovered from, and here it’s the scientific police that did the evaluation of that evidence and I retain, I digress. About [case] aspects, at the end of the investigation phase I asked, given the complexity of the case, the resonance of the case, I felt it was appropriate to have a colleague join me, a deputy [public prosecutor] like myself. Let me clarify, I’m not the chief prosecutor; I am a deputy prosecutor, since I’ve been presented as the chief prosecutor, but I am not the chief prosecutor. Then I requested the assistance of a colleague, Manuela Comodi, and we divided up the tasks. She has remarkable aptitude for these aspects of a genetic nature.

And so in this regard, I don’t know if you notice it in the first instance trial, my colleague did the questioning regarding the genetic aspects. I instead handled the more generic aspects of the case and aspects of a more investigative nature. This is why I remember all the details of the investigation, because I carried out the investigations of people. But for these aspects of genetics and scientific nature, we rely on the scientific police and we retain that the scientific police acted with utmost professionalism. I can recall, for example, going to the crime scene, I was at the place, and I also had to wear overalls, shoe-covers and a kind of cap, not just once but several times, at the same time when we did the inspections, ... I remember having worn many times, for example, the shoe-covers. And I had to… also because, those who worked on the scene did have their DNA samples taken as well, so there is also my DNA [sample]. Dr. Stefanoni took DNA samples of everyone to rule out in case, there could be DNA discovered belonging to some operator who had nothing to do with this matter.

40’38’’ Therefore, I have the utmost confidence in the scientific police because the top of the scientific police in Italy, especially Dr. Stefanoni who acted with great professionalism and these findings on the biological material were carried out in cross-examination with consultants for the defense team, always. The defense consultants, as I recall, and I was present, as far as I can remember, they had no objections if not in later analysis; they had no objection to anything at all at the time. For example, when the famous bra clasp was discovered, the defense consultants were there, for Sollecito there was a consultant who afterwards was replaced, I don’t remember his name, he was quite good, and I remember that he did not make any objections. Therefore, all these findings were carried out in cross-examination and the other parties had the opportunity to challenge what the scientific police biologist was doing, the scientific police expert in forensic genetics.

42’06’’ So I think. I distinctly remember that, in the first trial, I tried to prove that the knife had been collected with the utmost correctness. And I believe that afterwards the same thing happened in the scientific police laboratory when it was analyzed.

44’16’’ CNN: I still have trouble understanding how you can have a crime so horrendous and so bloody without two of the suspects leaving any trace.

44’30’’ Mignini: Look I should then add, it must be also said, at the time. In the bathroom of the two foreign girls, that is Meredith and Amanda, which is attached, next to the room of the murder, blood material was discovered of Amanda and Meredith, mixed. Why is this material important? It is important because in her own account told, in her own deposition Amanda makes in, I think, in early June of 2009, during the first instance trial, she says that when she left the house on the afternoon of November 1st, those spots were not there. She says so herself. So she returns in the morning, says she went back in the morning and sees those spots of blood. Those spots of blood are mixed Amanda and victim.

Also, in the small bathroom, there is a blood stained footprint, which the scientific police attributed to Raffaele, on the bath mat next to the murder room. On the corridor leading to the murder room, [and] leading to Amanda’s room, there are footprints, I’m not sure now, there are even in Amanda’s room, I think, there are footprints that were attributed to the two youngsters by the scientific police, of feet stained in blood. And, by elements, there is also a print of shoe and that one, was inside the murder room. Elements there are, that is, how to explain the presence of these elements if the two youngsters were not involved in the murder, [and] stayed at home? And another detail: it is a crime, this was established at the time by the Supreme Court, then we can no longer put into question at this point, it is a crime committed by several persons. I have, during the first instance trial, I heard this line of approach, and I also opposed this approach, which extended to holding that Rudy was the only one responsible.

The “only one responsible” is not one person, but [transcription error] they are several persons and Rudy is among them. This is now procedurally beyond dispute.

48’48’’ CNN: He also wants to know if you also found [missing words], that is, Sollecito perhaps, had a few cuts, did you check to see if he had any cuts?

48’56’’ Mignini: The…yes. Well, now: Laura Mazzetti, that is the Italian girl from Viterbo, [said] that it was a scratch, however, she remembers having seen on Amanda’s neck, she told this account and afterwards was also heard [as a person informed], it’s sort of a scratch just few days later, I think it was three or four days, she remembers seeing this scratch on Amanda’s neck that had been also seen, I think, by one of the boys from the Marches region. And in one of the photos taken during the house search by police, I think it shows something. Nevertheless, Laura Mazzetti indicates the presence of a scratch or something like a scratch. That is, she remembers seeing that Amanda had this little injury to the neck.

50’20’’ CNN: None of your investigators noticed it?

50’25’’ Mignini: The investigators did not notice it, because at the time, Amanda kept herself covered, she was, as described by the shopkeeper Quintavalle, covered up. However, Laura Mazzetti saw it and it was also seen, I think if I’m not mistaken or was said, by the young guy from the Marches who was living downstairs.

This girl saw it [the scratch/mark] and she stated this later in the courtroom. Moreover there is even a photo.

51’44’’ CNN: Knox was in contact with the police for several days after the murder. She was interrogated. Was she always wearing something that covered her neck?

52’00’’ Mignini: I think so, to be fair, this was a mark that it was not very visible. Laura Mazzetti said she saw it well. Keep in mind also that we did not focus on it automatically, because it was not like a visually striking mark. She was questioned like Raffaele Sollecito and like all the people who were more or less, that had to be questioned in those days, after the murder, a long series of people were questioned, among which the [girl] friends of Meredith, the English girls she was with the evening of Nov 1 and the night before Oct 31. And, among these people who had been questioned, also several times, Amanda and Sollecito were questioned, Amanda in particular was questioned several times: the evening of the 2nd, 3rd, 4th and then on the evening of 5th and the morning, or early hours of the 6th. But look, what I wanted that [??], just for the purposes of explanation, that under Italian law, we must take into account the totality of the findings.

Therefore there is the scientific evidence, there are statements made by people, examination of witnesses, there is the formal interrogation, there’s the conduct of the accused. All of these elements, it is not only the genetic aspect that comes into consideration. The genetic aspect [is], together with many others, must be altogether; it is a whole spectrum of various findings, which should converge towards an affirmation of a reality that is undisputable. This is how it should be, this is important from a judicial point of view. So it is not that the proof consists of the genetic evidence; it is not like that. There are items of proof from witnesses, there is the fact that there couldn’t be only one perpetrator, and this is now indisputable, and one of the positions of the defense of the two suspects always tended to say there was only one murderer who committed the deed, who climbed through in that totally absurd way, [that’s] not credible.

56’10’’ CNN: About Amanda’s interrogation, on the fifth day, what was it is that triggered you, made you begin to feel suspicious, and led you to conduct a more aggressive interrogation?

56’26’’ Mignini: I see you don’t… so, I’ll repeat to you what happened. On the evening of November 5th, the police were going to question Sollecito, and on the evening of the 5th, as I was saying before, the attitude of Sollecito at the beginning was an attitude of, let’s say, different than the one he would assume later, meaning a defense line supportive with Amanda’s; at that moment, he had a different position. That is, on the evening of Nov 5th. Sollecito made a statement saying “I was at home, Amanda wasn’t”. Amanda at that time had followed; she had accompanied Sollecito to the police station and she waited outside [of the room]. As the police heard this version of Sollecito’s, who basically, Sollecito ... with that statement, also this approach by him in practice more or less had become part of the process too, as Sollecito made this statement, the police became suspicious.

That is: why did Sollecito tell us this, and why is he now telling us that Amanda was not home with him? So then they called Amanda, and Amanda was heard by the police as a person not under investigation, thus with no defense attorney, because the person… the witness, the person informed of the facts during the investigation – is not called a witness, he is called a person informed of the facts - she was heard by the police who pointed out to her, they confronted her with this question: why is Raffaele saying something else? Now you say you were with him and Raffaele says you were not there, that he was at home and you were not there? This is the point.

58’44’’ So she did, she was heard in a way, let’s say for long enough, I cannot remember for how long, in the earliest morning hours of November 6, 2007. I was not there when Amanda was interviewed by the police. I was, perhaps I was coming, because I had been called by the director of the flying squad that night. I do not remember what time I arrived at the flying squad, but I think that… I think I got there, maybe I arrived when Amanda’s questioning had already started. But the flying squad is pretty big; I was not in the room where Amanda was being questioned, but rather in the office of the director of the flying squad. We were talking about the investigation and were trying to plan the investigation for the coming days. So now, at some point, they call me, if I remember correctly, they inform me that Amanda had given the name of Lumumba, she had basically confessed that she was at the crime scene in the company of, with Lumumba, whom she had let into the house, that is it. Now I go on, I wanted to explain how I operate. So it’s not me, I did not do the questioning.

Further posts of the CNN interview which then moved on to later events can be read here and here. There is another significant interview here.

As Netflix “forgot” to tell you what actually happened at Knox’s session ending at 1:45 am which Knox lied about see here.

And as Netflix “forgot” to tell you what actually happened at Knox’s session ending at 5:45 am which Knox lied about see here.

Put this long-form interview about the first few days up against what you may have seen on Netflix, and tell us if the impression gained is the same, or like night and day?

Posted on 09/19/17 at 10:59 PM by The TJMK Main PostersClick here & then top left for all my posts;
Right-column links: Crime hypothesesMignini interviewsThe officially involvedThe prosecutorsEvidence & witnessesReal crimesceneThe pack attack
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Thursday, April 27, 2017

Multiple Attackers and the Compatibility of the Double DNA Knife (Exhibit 36)

Posted by James Raper

Our YouTube whiz DelPergola’s video of November 2010

Ed note: This evidence area is enormously compelling - but also emotionally difficult. It is why initially we did not publish our translation of the Micheli Report. And why a quarter of the trial was behind closed doors with the media excluded. That well-meaning decision has bedeviled the case ever since, because only the jury and others in court then - including the white-faced and tongue-tied accused pair - were exposed to the full power of the prosecution testimony.

Material from some of my previous posts on TJMK (link at bottom here) was incorporated into my Justice on Trial book. From Chapter 15, this is the second of several posts setting out further material.

Before looking at the forensic evidence, which is the final theme I identified earlier, it will be helpful to take into account the wounds suffered by Meredith, and whether these suggest anything as to the dynamics of the murder, and whether any of them were compatible with the knife recovered from Sollecito’s kitchen, Exhibit 36, called the Double DNA knife because the DNA of Meredith was found on the blade and the DNA of Knox on the handle.

As mentioned earlier the autopsy was carried out by Dr Lalli.

It was observed that there were no significant injuries to the chest, abdomen or lower limbs.

The significant elements in the examination were described as follows :

A fine pattern of petechiae on the internal eyelid conjunctive.

The presence of tiny areas of contusion at the level of the nose, localised around the nostrils and at the limen nasi [threshold of the nose].

Inside the mucous membranes of the lips, there were injuries compatible with a traumatic action localised in the inner surface of the lower lip and the inner surface of the upper lip, reaching up to the gum ridge.

Also found on the lower side of the jaw were some bruising injuries, and in the posterior region of the cheek as well, in proximity to the ear.

Three bruising injuries were present on the level of the lower edge of the right jaw with a roughly round shape. In the region under the jaw an area with a deep abrasion was observed, localised in the lower region of the middle part at the left of the jaw.

Once the neck had been cleaned it was possible to observe wounds that Dr Lalli attributed to the action of the point of a cutting instrument.

The main wound was located in the left lateral region of the neck. A knife would be compatible provided it had one cutting edge only which was not serrated. The wound was 8 cms in length and 8 cms deep. The width could not be measured because the edges had separated due to the elasticity of the tissues both in relation to the region and to the position of the head, which could have modified the width. The wound had a small “tail” at the posterior end. The wound penetrated into the interior structure of the neck in a slightly oblique direction, upwards and also to the right.

Underneath this large wound, another wound was visible, rather small and superficial, with not particularly clear edges, “becoming increasingly superficial until they disappeared”, in a reddish area of abrasions. The knife had penetrated both Meredith’s larynx and the cartilage of the epiglottis, and had broken her hyoid bone. A consequence of that damage is that Meredith would be unable to vocalise, let alone scream.

There was also a wound in the right lateral region of the neck, also attributed to a pointed cutting instrument. This was 4 cms deep and 1.5 cms wide (or long). It had not caused significant structural damage.

The presence of two relatively slight areas of bruising, with scarce colouring and barely noticeable, were detected in the region of the elbows.

On Meredith’s hands were small wounds showing a very slight defensive response. A small, very slight patch of colour was noticed on the “anterior inner surface of the left thigh”. Another bruise was noticed on the anterior surface, in the middle third of the right leg.

The results of the toxicological analyses revealed the absence of psychotropic drugs and a blood alcohol level of 0.43 grams per litre.

Tests of histological preparations of fragments of the organs taken during the autopsy were also performed. They revealed the presence of “pools of blood” in the lungs.

The cause of death was attributed to asphixiation and loss of blood, the former being caused by the latter.

There was nothing in the pathology which confirmed that Meredith had been raped, though we should recall that Guede’s DNA was found on the vaginal swab, though not of a spermatic nature. For Massei this was confirmation that she had been subjected to a sexual assault.


—————————————


There was argument in court as to whether Exhibit 36 was compatible with the main wound. There was no dispute amongst the experts that it could not have been responsible for the wound on the right. The knife had an overall length of 31 cms and the length of the blade from the point to the handle was 17.5 cms. The width of the blade, 4cms from the point, exceeded the width of the right hand wound. The wound on the right was more akin to a pocket knife, or perhaps a flick-knife.

I shall look at the arguments advanced by the defence as to why the knife would not be compatible in a moment, but before that there is a simple logical point as to incompatibility based on measurements.

A knife would only be incompatible if the length of the wound was greater than the length of the blade of the knife, or if the width of the wound was less than the width of the blade. Exhibit 36 was therefore a priori compatible.

On this basis I would also have to concede that a pocket or flick-knife is not a priori incompatible with the main wound, unless (though we would not know) the length of it‘s blade did not exceed 8 cms.

It should however be recalled that the width of the left side wound was also 8 cms. That is over 5 times the width of the wound on the other side of the neck. The width of the blade on Exhibit 36, 8 cms from it’s tip - and being approximately 3.5 cms wide- was over twice the width of the blade on the “pocket knife”. This fact, and the robustness of the larger weapon, particularly with regard to the observed butchering at the base of the left-sided cut, makes Exhibit 36 a far more likely candidate, in my submission, than a “pocket knife“, and that’s without taking into account Meredith’s DNA on the blade.

We can also enter into a numbers game as regards the experts (8 of them) who opined on compatibility. Massei tells us that Dr Liviero concluded “definite compatibility“, Dr Lalli and Professors Bacci and Norelli “compatibility” whilst “non- incompatibility” came from the 3 GIP experts nominated at a preliminary hearing. The latter were Professors Aprile, Cingolani and Ronchi.

As far as I am concerned “non-incompatability” is not hard to understand. It simply means compatible.

Professors Introna, Torre, and Dr Patumi, for the defence, opined that Exhibit 36 could be ruled out. Their argument was twofold. First, the length of the blade was incompatible with the depth of the wound had the knife truly been used with homicidal intent. Indeed, if it had been thrust in up to the hilt then the point would have exited on the other side of the neck. Secondly, they said that the smaller wound or the abrasions beneath the main wound, mentioned earlier, were in fact caused by the hilt of a knife striking the surface of the neck. Obviously if that were so then the main wound was not caused by Exhibit 36.

Their argument does not consider, because we do not know, what may have been the actual dynamics of the knife strike. We cannot know what was the cause of the underlying wound or the reddish area of abrasions. As to that wound it may have been the result of the knife edge being run across the surface of the skin and the abrasions may have had a different cause in the prior struggle for which there is ample evidence. Hence their argument seems very weak. 

We cannot leave the topic without considering that there may have been more than two knives involved. This possibility arises from the evidence of Professor Vinci, for the defence. He considered blood stains that were on the bed sheet in Meredith’s room. These stains very much resembled the outline of a knife, or knives, laid to rest on the bed sheet.

It was Professor Vinci’s contention that the bloody outlines (a dual outline from the same knife he said) was left by a knife with a blade 11.3 cms long, or a knife with a blade 9.6 cms long with a congruent blooded section of handle 1.7 cms long (9.6 + 1.7 = 11.3), and having a blade width of 1.3 to 1.4 cms.

Taking these measurements as read they may seem incompatible with a pocket knife (such as Sollecito had a proclivity to carry) and they certainly are as regards Exhibit 36. It follows, he argued, that one has to infer the presence of a third knife in any hypothesis and if a pocket knife and Exhibit 36 are already accounted for by Knox and Sollecito then a reasonable inference is that the third knife would have to be Guede’s. Professor Vinci’s blade is not incompatible a priori with either of the two wounds.

The problem, and without going into detail on the matter, is that Professor Vinci’s contention and measurements are somewhat speculative depending on what one thinks one sees in the stains. It is rather like reading tea leaves. One could just as well superimpose Exhibit 36 over the stains and conclude that it was responsible for them.

Massei only briefly commented about the bloody outlines on the bed sheet. He opined that the blood stains were certainly “suggestive” but insufficient to establish any clear outlines from which reliable measurements could be established. Clearly then he did not accord any reliability to Professor Vinci’s measurements.


—————————————————-


We can now turn to the issue of whether Meredith’s injuries tell us anything about whether her attacker was a “lone wolf” or not.

Massei believed that Meredith’s injuries lay at the heart of the matter. It seemed inconceivable to him that she would first be stabbed twice and that she would then be strangled. The amount of blood, being very slippery, would make maintaining pressure on her throat difficult. So Meredith was forcibly restrained and throttled first. The hypothesis of a single attacker requires that he continually modify his actions, first by exercising a strong restraining pressure on her, producing significant bruising, and then for some reason switching to life threatening actions with a knife, thereby changing the very nature of the attack from that of subjugation to that of intimidation with a deadly weapon, and finally to extreme violence, striking with the knife to one side of the neck and then to the other side of the neck.

Massei described the first knife blow, landing on the right side of her neck, as being halted by the jawbone, preventing it from going any deeper than the 4 cms penetration. The court considered that this was an action to force Meredith to submit to actions against her will. The same hypothesis could also, of course, in view of the injuries to the jaw, apply as to the lack of penetration with Exhibit 36 on the other side

What surprised Massei about Meredith’s wounds was that in spite of all the changes in approach during the attack she somehow remained in the same vulnerable position, leaving her neck exposed to attack.

Massei paid particular attention to the paucity and lack of what can be regarded as defensive wounds on her hands by comparison with the number, distribution and diversity of the impressive wounds to her face and neck. He found this disproportion to be significant, particularly with regard to what was known about Meredith’s physicality and personality.

Meredith was slim and strong, possessing a physicality that would have allowed her to move around with agility. She liked sports, and practiced boxing and karate. In fact she had a medium belt in karate. She would, had she been able to, have fought with all her strength. How then would a single attacker have been able to change hands with a knife to strike to both sides of her neck, let alone switch from one knife to another? He would have had to release his grip on the victim to do that, unless she had wriggled free and changed position, in which case he would have to subdue her all over again, but this time, if not before, she would be ready.

Since the attack was also sexual in nature, at least initially, how could a single attacker have removed the clothes she was wearing (a sweater, jeans, knickers and shoes) and inflicted the sexual violence revealed by the vaginal swab, without, again releasing his grip? It might be suggested, as the defence did, that Meredith was already undressed when the attack began, but for this to be the case one of three possible alternative hypotheses has to be accepted.

The first is that Guede was already in the flat, uninvited, and un-noticed by Meredith, which can only mean that the break -in was genuine but un-noticed by her. The second is that Guede was there by invitation and that their relationship had proceeded by agreement to the contemplation of sexual intercourse when Meredith suddenly changed her mind, unleashing a violent reaction from Guede. The third is that, having been invited in Meredith then thought that he had left, although he had not.

Having looked at the staging we can surely rule out the first hypothesis. As to the second, it does not fit with what is known about Meredith’s personality and the relationship she had been developing with Giacomo. As to the third it is difficult to imagine that in a small flat Meredith would not have checked before securing the front door and preparing for bed.

Massei found it was highly unlikely that one person could have caused all the resulting bruises and wounds by doing the above, including cutting off and bending the hooks on the bra clasp. The actions on the bra clasp alone would necessitate someone standing behind her and using a knife to cut the straps, requiring the attention of both hands from her attacker, during which time Meredith would have had the opportunity to apply some self-defence. It has to be conceded though that this could have happened when she was concussed, though there is no persuasive physical evidence of a concussive blow, or during or after she had been mortally wounded.

Massei concluded that there was little evidence of defensive manoeuvers on Meredith’s part, which to him meant that several attackers were present, each with a distribution of tasks and roles: either holding her and preventing her from making any significant defensive reaction, or actually performing the violent actions. He concluded that the rest of the body of evidence, both circumstantial and forensic, came in full support of such a scenario. He concluded that two separate knives had been used and that one was from Sollecito‘s bedsit.

Although, at the trial, the defence had attempted to explain a scenario whereby a single attacker might have been responsible for the injuries, that there had been multiple attackers was not a scenario with which any court, other than the first appeal court presided over by Hellmann, demurred.

 


Thursday, September 22, 2016

Wiki Status: Harder & Harder To Claim No Evidence Or 2009 Jury Got Verdict Wrong

Posted by azoza



A rough physical equivalent of our document library

Overview

This is a progress update on the increasingly vast Meredith Wiki file library:

Remember that much of the trial was conducted behind closed doors. Italians got good reporting from the trial, often in real-time; but those of us in other countries far less-so - though the notion that any of the fairly limited English-language media mentions in 2009 influenced the Italian jury is a seriously absurd one.

So the one and only key to getting the case right is in the documents. Absent a knowledge of the documents (as in the Netflix case) conclusions become quite vacuous.

Remember that NO media outfit ever translated any of the large documents. The Italy-based foreign reporters certainly did some for their own use and for excerpting, but all the heavy lifting was done by the teams on our cluster of websites.

Remember that NO American or British lawyer ever who is fully on top of the extraordinary number of documents has attempted to argue that this was not a strong case or that points pointing to guilt were not overwhelming.

The file library is increasingly being made into something resembling a huge book with a internal strong logic for the help of the numerous intended researchers.

You can see that logic strongly at work here.

Four search approaches

Since my article last June, there have been big changes to the file library layout. We scrapped the nested box approach due to the amount and different kinds of documents.

http://themurderofmeredithkercher.com/File_library:_Main_Page

Now there are four approaches to find files: (1) the master list; (2) by file type; (3) by subject matter; (4) by chronology of when file was made.

The last branch will be done when uploads are complete.

(1) The master list contains links to all the files, roughly in chronological order. Given the thousands of files (over 3800 now), the master list serves only as a reference point. You get a sense of document flow- what appeared when- by scrolling through the list.

http://themurderofmeredithkercher.com/File_library:_Master_list

(2) The type pages subdivide files by main types (audio, documents, images, videos) and then further subcategories.

http://themurderofmeredithkercher.com/File_library:_Files_by_type

The images category will be better filled with more files in due time. The documents category has the most subcategories with descriptions under the headings. So for instance, all court motivation reports are here:

http://themurderofmeredithkercher.com/File_library:_Court_motivation_reports

All court testimony PDFs are here:

http://themurderofmeredithkercher.com/File_library:_Court_testimony

All deposition and interrogation PDFs here:

http://themurderofmeredithkercher.com/File_library:_Depositions_and_interrogations
and police and consultant reports here:

http://themurderofmeredithkercher.com/File_library:_Reports

The above are most significant, but there are many other subcategories.

(3) The by subject pages will have pages of all files, disregarding type and date, of a particular subject. So all files related to DNA on one page; all files related to the knife on one page; all pages related to Curatolo on one page. These pages will be more detailed than other pages.

(4) By chronology pages organize files by date:

http://themurderofmeredithkercher.com/File_library:_Files_by_chronology

These pages are only PDFs for now. Eventually the other file types will be linked too. At the bottom of each chronology page is a link to the next section, so it’s possible to click through chronology pages without returning to the chronology menu page each time.

Important files:

Crime scene:

Crime scene photos were distributed by police in 5 volumes and can be found here:

http://themurderofmeredithkercher.com/File_library:_Crime_scene_photos

There are more photos in the 5 volumes than in the web page photo gallery.

A subset of these photos are in a second police document from Dec 31, 2007 done in Word. We printed it to PDF:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/photos/2007-12-31-Photobook-Police-survey-cottage-crime-scene-censored.pdf

Photos from this document were captured, censored and stored in this zip file, which has crime scene photos not in the webpage gallery:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/photos/2007-12-31-Photobook-Police-survey-cottage-crime-scene-censored.zip

Crime scene video is here:

http://themurderofmeredithkercher.com/File_library:_Crime_scene_videos

We have taken great pains to keep November 2-3 crime scene video intact with sound, censoring as necessary to respect Meredith and her family. It is the most complete version available- 1 hr 20 minutes long.

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/crimescene/2007-11-02-03-cottage.mp4

There is also video of Scientific Police (Dr. Stefanoni) at Sollecito’s apartment on November 13th:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/crimescene/2007-11-13-apartment-Sollecito.mp4

Police video comes from discs prepared by police, complete with menus. It’s likely the video compilations on these discs don’t show all video taken. As an example, the above video at Sollecito’s apartment seems incomplete and is cut-off at the end.

The December 2007 video of the 2nd cottage visit is complete. Police purposely distributed this video without sound.

CCTV:

We have made films of CCTV capture:

http://themurderofmeredithkercher.com/File_library:_CCTV_videos

We did this because the program and files are proprietary. We will capture photo sequences of important segments and post later.

We could not find ‘video’ for camera 7 from 00:00 to 06:00 on November 2nd. There are other cameras at the garage as well, and we are looking to find any extra footage.

DNA:

We have DNA report complete and in color:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-12-Report-Scientific-Police-Stefanoni-DNA-result-all.pdf

so charts are now clear. Dr. Stefanoni’s DNA report references these photos here too:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-12-Report-Scientific-Police-Stefanoni-DNA-result-all-photographic-attachments-censored.pdf

Egrams in color are here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-04-Report-Scientific-Police-Stefanoni-DNA-result-all-egrams.pdf

Clearer Egram prints of key traces can be found on this page, and also negative controls:

http://themurderofmeredithkercher.com/File_library:_Reports

UACV report:

As mentioned by Olleosnep, this report has not been talked about, but very important crime scene analysis report:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-09-Report-Scientific-Police-UACV-Codispoti-crime-scene-analysis-censored-colored-and-charts.pdf

More UACV materials are here:

http://themurderofmeredithkercher.com/File_library:_Presentations

Rinaldi & Boemia:

Rinaldi & Boemia presentation showing errors in Vinci report is here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/presentations/2009-09-18-Slides-Scientific-Police-Rinaldi-Boemia-comments-on-Vinci-report.pdf

There is much Rinaldi & Boemia presentation material on that page. They also did two reports, one on footprints and a second on shoes. Those are here, with separate photo attachments:

http://themurderofmeredithkercher.com/File_library:_Reports

Conti & Vecchiotti critiques:

Dr. Stefanoni presentation showing errors in Conti Vecchiotti report is here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/presentations/2011-09-04-Slides-Scientific-Police-Stefanoni-comments-Conti-Vecchiotti-report.pdf

and her written report here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-09-01-Report-Scientific-Police-Stefanoni-comments-on-Conti-Vecchiotti-report.pdf

Dr. Novelli report critiquing Conti Vecchiotti report is also good reading:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-09-03-Report-Consultant-Prosecutor-Novelli-comments-on-Conti-Vecchiotti-report.pdf

Dr. Torricelli has two reports. The second is an updated version of the first:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-07-29-Report-Consultant-Civil-Torricelli-comments-on-Conti-Vecchiotti-report.pdf

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-07-29-Report-Consultant-Civil-Torricelli-comments-on-Conti-Vecchiotti-report.pdf

Medical consultants:

This medical consultant hearing- asked by Judge Matteini in April 2008- is very important:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/testimony/2008-04-19-Testimony-CM-evidentiary-hearing-consultants-medical-all.pdf

Related reports (all censored for disturbing content):

Autopsy:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-02-12-Report-Coroner-Lalli-autopsy-final-censored.pdf

Matteini’s consultants:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-04-15-Report-Consultant-Court-Aprile-Cingolani-Ronchi-wounds-manner-of-death-censored.pdf

Mignini’s consultants (replacing Lalli):

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-04-24-Report-Consultant-Prosecutor-Bacci-Liviero-Marchionni-comments-on-Lalli.pdf

Dr. Mignini:

His case summary to the Riesame court on November 24, 2007 is important. It shows an early description of the case:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2007-11-24-Notice-Prosecutor-case-summary-for-Riesame-court-Knox-Sollecito.pdf

He made a case summary for Guede too in December 2007:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2007-12-10-Notice-Prosecutor-case-summary-for-Riesame-court-Guede.pdf

Formal charges issued in English from July 2008:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2008-07-11-Notice-Prosecutor-sending-case-to-trial-English.pdf

Final fingerprint report:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-01-31-Report-Scientific-Police-fingerprints-cottage-final-censored.pdf

Court testimony:

There is much more court testimony now. Matteini, Micheli, Massei, Hellmann Nencini, but also Guede appeal court Borsini. All testimony is here:

http://themurderofmeredithkercher.com/File_library:_Court_testimony

Much of Micheli is audio only, which is here:

http://themurderofmeredithkercher.com/File_library:_Court_audios

Various:

This Kokomani interview with Canale 5:

http://themurderofmeredithkercher.com/File_library:_Interview_videos

shows Kokomani in a good way. Court transcripts with him seem confusing, but here he is easy to follow.

This video shows unpacking of kitchen knife on February 26, 2008 in front of all consultants:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/misc/2008-02-26-Knife-review-by-consultants.mp4

The meeting was after knife was tested for DNA, but shows the original box used.


Thursday, September 01, 2016

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

Posted by The Machine



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

1. Woffinden and innocence fraud

These days innocence fraud is a very real thing.

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

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

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

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

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

2. Woffinden On Meredith’s case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Some conclusions

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

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

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

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

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

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


Wednesday, June 17, 2015

Major Additions To Meredith Kercher Case Wiki To Provide Complete Impartial Overview in English

Posted by azoza



Image is of the very beautiful Perugia at night

Origin and mission

The impartial Murder of Meredith Kercher Wiki began in 2013.

The seed was people discussing how to overcome the flawed Wikipedia article of the case. That article relied on sources like Candace Dempsey, Nina Burleigh and American media. In other words, biased or incomplete sources.

In May 2013, Edward McCall set up the website, with the help of volunteer editors from the Perugia Murder File community. Its mission statement was:

Were Amanda Knox, Raffaele Sollecito, and Rudy Guede responsible for the death of Meredith Kercher? This wiki style site was created by a group of volunteer editors to inform the public about the case, by providing translations of original documents and evidence presented at trial.

This continues to be the aim of the Wiki: to make available documents and translate them properly. Our interest is not selectively posting documents, like the Knox campaign has done. We want to make all the facts available, without bias or selecting. We believe all the facts support the notion that all three defendants are responsible for Meredith Kercher’s murder.

Purpose of this post

The purpose of the article here is to let people know of recent changes to the website.

The Wiki is revised when new documents and translations continue to be received. Existing webpages are tweaked when time allows. Webpages are sometimes changed so information can be better presented. Or the website structure is changed when a significant page is introduced.

For example, a new page listing a lot of evidence was added in November 2014. This page can be directly accessed from the main page. That evidence list page has links to other sections of the website, like ‘wikified’ testimony, for easier reference. More links will be added and more evidence noted as more documents become available.

Major redesigns

The website had two major redesigns earlier this year. The main page was redesigned to provide clearer ‘at a glance’ updates. We did this primarily to keep everyone up-to-date with the March 2015 Cassazione decision. The boxes on the main page also note updates to other parts of the website. Also, we added buttons so any webpage on the site can be shared on various social media.

The other major redesign has been the addition of the ‘file library’.

Completing the picture

For those long familiar with the case, source material had been seriously lacking. There have been large gaps. The Knox campaign has posted some documents, but their ‘collection’ has always been incomplete. As examples:

1) The crime scene photos start at ‘dsc016’. What about photos 1 through 15?
2) No photos of Sollecito’s place, Guede’s place, via Sperandio or elsewhere
3) They posted many Massei transcripts, but not all. They never posted the 2nd day of Knox’s testimony, or the days when the Kercher family and consultants testified.
4) Some Massei transcripts they posted had pages missing.
5) They have posted many defense consultant reports, but few prosecution consultant reports.
6) They only posted a few Hellmann transcripts, but not all.
7) They only posted one Micheli transcript, but not the others.
8) Hardly any depositions.
9) A lot of police reports are still missing.

In the past six months, we have been trying to correct this. We have set up a file library, which will be the repository of as many case-related files as can be gotten. Files will ultimately include documents, photos, videos and audio- whatever is part of the public record of this tragic case. The files are made available as links for downloading. Eventually many will also be ‘wikified’ so anyone can do a word search through the documents. And when time allows, key documents will be translated.

There are thousands of files related to this case - too many to put on one page. A single file page would take forever to scroll and would be terribly confusing. So the library is structured into subsections. The basic idea is ‘nested boxes’. Once you select a section, you ‘drill down’ through pages to get to document links. Then you click ‘back up’ to the higher levels so you can move to other sections.

Some pages have a mixture of links to documents and links to subpages. These will eventually be simplified for clarity.

Not all file library pages have been created. More pages will be required as more files come in. Once the document files (PDFs) portion is nearly complete, pages will be reviewed and the library layout will be tweaked. At that point, when we’re comfortable with all the pages and their names, links will be added to allow browsing across sections or in sequential order. This hasn’t been done yet to avoid redoing a lot of work later.

A directory tree is a strong possibility too.

The seven sections

The library has over 900 PDFs and photos scattered across 7 major sections.

The 1st section

This section Context and people is empty for now. It will have photos of Perugia, the cottage, nearby locales and pictures of the people involved in the case. We are sifting through photos and erasing duplicates. Once that’s done, this section will quickly fill out.

The 2nd section

This section 2007 Investigations has files related to police investigations in 2007, the arrest and crime scene photos and videos. As mentioned, not all crime scene photos and videos have been made public. We hope to gather as complete a collection as possible. Of course, anything showing Meredith Kercher’s body will be censored, in line with the wishes of the Kercher family, and to maintain dignity. In the past 1.5 months, we’ve gotten over 80 depositions of witnesses and other documents related to early investigations. Things like preliminary police reports and police correspondence. Here you can also find phone and prison taps.

The 3rd section

This section Arrest trials has filed related to the cautionary arrest trials. This includes the Matteini court, the Ricciarelli court and the 2008 Cassazione court, presided by judges Gemelli & Gironi. Files include court hearing transcripts, motivation reports and other files pertinent to these hearings. This is missing quite a bit still, but we hope to correct that.

The 4th section

This section 2008 Investigations has files related to police investigations in 2008. While the murder was discovered on Nov 2, 2007, and arrests were made that month, the actual police investigation continued until the following year, finishing in June 2008. Files here include additional phone and prison taps, police reports from Rome and Perugia, additional depositions and other related documents.

The 5th section

This section Statements and writings contains writings and depositions of the three defendants. GKS = “Guede Knox Sollecito”.

The 6th section

This section Trials and Appeals and Reports is the largest section. We may revise or split this section further. Currently it contains all documents related to the main trials. All three defendants took part in the first main trial, the 2008 Micheli court. Micheli indicted Guede and found enough evidence against Knox and Sollecito. After the Micheli court, Guede’s trial path separated from the other two because he chose a fast-track option. So there are 3 subsections: Micheli, Guede trials and Knox + Sollecito trials. The Knox + Sollecito trials page has further subpages for the Massei court, the Hellmann appeals court, the Nencini appeals court. In this section, one can find court transcripts and reports, correspondence or depositions introduced during court proceedings. So a lot of files.

The 7th section

This section is extra material.This will contain documents, photos and videos indirectly related to the case. Things like interviews, documents on forensics, lab manuals, crime scene analyses, documentaries, related trials like the police calumnia trials, etc.

A few quick notes:

1. There are many versions of the Massei motivations report on the Internet. Most are missing two pages. Another version comes in four parts. We edited ours so this is a complete version with the ‘famous’ missing pages.

2. Similarly with the Borsini-Belardi motivation report. Many versions out there, most of them improperly OCR’ed, with sections missing. Our version is a scan version, not the OCRed one.

3. As noted before, recent additions include a lot of depositions of witnesses taken in the first week of police investigation. You can find these in the “2007 police work” page.

4. Police summaries of the crime scene surveys, and fingerprint reports, are at the bottom of that same page.

5. There’s a PDF containing a ‘5 volume’ police photo report. This PDF has photos of Via Sperandio currently not in the crime scene photos. But certainly those photos are part of the same Nov. 2007 crime scene photo survey. Anyway, you can find it in the Crime Scene page at the bottom. It’s called Photo-photographic-file-censored. We edited out pictures of the body, to preserve dignity of the victim.

6. Towards the bottom of the “2008 investigations” page, we recently added two police charts, and the first “shoeprint report” by Rinaldi & Boemia, which has more data on shoeprints. Their second report concentrated on the footprints.

7. We have the Cassazione March 2015 dispositivo. We will be posting that along with other documents shortly.

In conclusion

The file library is an ongoing thing. We hope to make real progress here, so everyone can look at all the facts of the case, not just a few picks. A bright light is needed on as much material as is possible to offer, in honor of Meredith Kercher, the victim.

When we post a new file batch, we add an update note on the Wiki home page.

The Meredith Kercher Wiki is committed to being the essential record of all publicly available documents and testimonies about the case, to benefit the general public and the media. Please circulate this widely, and check in regularly. There are more changes to come.

ADDED 12 JULY

On 2007 Investigations: Police work page
2007-11-03-Log-cellphone-KercherM-English.pdf
2007-11-03-Log-cellphone-Sollecito.pdf
2007-11-07-Log-landphone-Sollecito.pdf
2007-11-27-Police-deposition-Capezzali.pdf

On 2007 Investigations: Arrests page
2007-11-07-Prosecutor-notice-Request-to-validate-Arrest-Knox-Lumumba-Sollecito.pdf

On Arrest trials page
2008-01-21-Testimony-Bernaschi-Sollecito.pdf
2008-05-15-Motivazioni-Matteini-reconfirming-cautionary-arrest-Knox.pdf

On Arrest trials: KSL: Matteini trial page
2007-11-08-Testimony-Matteini-Knox.pdf

On Arrest trials: KS: Ricciarelli trial page
2007-11-30-Motivazioni-Ricciarelli-Arresto-Appello-Knox-Sollecito.pdf (forever missing Ricciarelli report)

On 2008 Investigations page
2008-11-08-Deposition-Monacchia.pdf

On Trials: Micheli court page
2008-09-16-Testimony-Summary-and-Rulings-Micheli.pdf (first Micheli hearing)
2008-10-27-Report-Fioravanti-Vodaphone.pdf

On Trials: KS: Massei and Cristiani trial page
2009-11-20-Closing-arguments-Mignini.pdf (forever missing)
2009-11-21-Closing-arguments-Comodi-Knox.pdf (forever missing- Comodi describes 3D reconstruction)

On Trials: KS: Hellmann and Zanetti trial page
2010-12-11-Testimony-Lawyers-Knox-Parisi-Maori-Ghirga-Vedova.pdf (missing Hellmann hearings)
2010-12-18-Testimony-Costagliola-Comodi-Perna.pdf
2011-01-22-Testimony-Lawyers.pdf
2011-03-12-Testimony-Mandarino-Pucciarini-Ciasullo-Bevilacqua-IniG-IniR.pdf
2011-03-26-Testimony-Brughini-Curatolo-Lucarelli.pdf
2011-05-21-Testimony-Napoleoni-Conti-Vecchiotti-Knox.pdf
2010-12-11-Court-doc-Zanetti-case-review.pdf

On Trials: KS: Nencini and Cicerchia trial page
2014-01-20-Testimony-Maori-Crini-Pacelli-Fabiani-Perna-Maresca-Donati-Colotti.pdf (missing Nencini hearing)

On Trials: Knox and Sollecito trials page
2015-03-30-Sentenza-Cassazione-Dispositivo-Knox-Sollecito.pdf (sentence, not motivations report)

Posted on 06/17/15 at 07:59 AM by azozaClick here & then top left for all my posts;
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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.

Post #1 and Post #2 and Post #3 reported dozens of Certainties contained in “the trials”.

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 [142] 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 [50] [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,  [51]  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”.

Therefore:

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.

Thursday, April 30, 2015

Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #2

Posted by Cardiol MD



The Italian Supreme Court is in the background

1. This Series’ Ominous Context

On Friday, 27th March, 2015 a Panel of five Court of Cassation judges of the Fifth Criminal Chamber of the Supreme Court in Rome, found Amanda Knox, and Raffaelle Sollecito, Not Guilty of the Murder of Meredith Kercher.

The President Judge of the Fifth Criminal Chamber of this Supreme Court Panel is Gennaro Marasca, The Prosecutor General is Mario Pinelli, and the Reporting Judge for the Meredith Panel is Antonio Paolo Bruno.

Near the start of the above SCC hearings Judge Bruno was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”

We consider that to be flat-out wrong. Absurd in fact, as the hapless Hellmann & Zanetti could testify. So do numerous professionals well-briefed on the case in Italy. We expect soon articles in Italian similar to this one.

In fact if the forthcoming Marasca Sentencing Report attempts to brush the numerous real factual certainties under the table there is a near-certainty that the perverse verdict can be overturned by way of a lawsuit or a petition to the President of the Italian Republic. 

Post #1 of 10 April described some 26 of the factual headaches facing the SCC under the strict Italian Legal Requirements for classification of Evidence as Circumstantial-Evidence.

The fact that the trials actually had very many certainties was demonstrated in Post #1, and continues in this Post.

2. Note On Circumstantial Evidence

Defendants typically trivialize Circumstantial-Evidence as “Only Circumstantial-Evidence”.

Actually, Circumstantial-Evidence is often the most potent evidence leading Finders-of-Fact to their Verdict. This is even more true in Italian Law because its Circumstantial-Evidence classification-requirement provides that an evidentiary circumstance or fact must be true to the level of being a Certainty. Therefore, for example, the unverifiable RS/AK broken water-pipe story can not be classified as Circumstantial Evidence and cannot legally be admitted as Evidence at all.

Continuing the review of the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings, demonstrating the large number of Certainties:

3. Certainties 27 To 30

27. THE SIMULATED BURGLARY

:

This Subject has already been commented-upon in Pesky #1, under the Heading “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’.”

According to the Massei Summary, Part 3:

“8. The staged break-in

The Massei Report examined the evidence surrounding the broken window and disarray in Filomena Romanelli’s bedroom in order to determine whether a real break-in had occurred or the appearance of one had been staged….....

The court concluded that the disorder in Romanelli’s room and the breaking of the window pane constituted an artificial representation created in order to misdirect the investigations towards a person who, not having the key to the front door, was supposed to have entered through the previously broken window and then effected the violent acts on Meredith which caused her death.”

So Massei, having carefully analysed all the Evidence, and the Arguments on both sides Concluded that there was No Burglary at all, and that Meredith’s killers had deliberately created the appearance of a Burglary, in order to misdirect the Investigators of Meredith’s death.

According to the Hellmann-Annulling SCC Panel wrt the Simulated Burglary:

Page 56:

“The compartmentalisation of the single pieces of evidence thus weakened their value and their depth, since a piecemeal evaluation of their relationship and of the required synthesis inevitably followed, ignoring the increase in value that the pieces of the mosaic of circumstantial evidence assume when synergistically evaluated.”

The Panel begins its justification for Annulling Hellmann/Zanetti.

The Hellmann-Annulling SCC Panel Page 66:

“.....the simulation of the burglary should have been evaluated in light of the investigative data collected immediately after the event,  such as Rudy’s shoeprints (along the path of his flight)  and the traces of the victim’s blood detected in many spots in the bathroom used by Ms Knox and [49] Ms Kercher, surely carried there by third parties present in the house after the murder.”

The Panel takes-for-granted that the “Burglary” was Simulated by the Perps, and focuses on its improper evaluation by H/Z.

The Hellmann-Annulling SCC Panel Page 82-83:

“The Hellmann Court of Appeal preferred – in full agreement with the defence pleadings –  to favour the information the unreliable Rudy Guede had conveyed in his chat with his friend Benedetti, i.e., that he was in via della Pergola around 9.00/9.30 PM on the first of November 2007;  this information was correlated with the victim’s telephone records which registered:

a)  an unanswered call at 8.56 PM
b)  the dialling of the number 901, corresponding to an answering service at 9.58 PM, immediately after which the call was blocked
c)  at 10.00 PM the dialling of the first number in the list of phone numbers for the Abbey bank, without however the dialling of the required dialling code
d) at 10.13 PM a GRPS connection of the length of nine seconds, most probably linkedto a multimedia message, without the necessity of human interaction.

On the basis of these facts, the Hellmann Court reached the conclusion that Miss Kercher had not called her family again in the period of time between 8.56 and 11.00 PM,  since shortly after the first attempt an unexpected event may have occurred, such as for example the attack,  and the dialling of the number at 10.00 PM could have been done [61]  by another person, who was not familiar with that mobile phone, while attempting to silence it, a fact which would place the time of death at before 10.13 PM.

The reconstructive path is permeated with factual deductions deriving from a series of conjectures and baseless suppositions, without any reliable, demonstrative basis,  in spite of [other]  findings of significant value which conflict with those [deductions] and have a greater probative value,  which were reduced in their importance on the basis of an unsatisfactory reasoning,  which stands out because multiple passages contradict other passages of the statement of reasons, and because of manifest illogicality which must be rightfully censured in this venue. “

The Panel implicitly includes H/Z’s failure to recognize the “Burglary"as simulated, as part of its “unsatisfactory” and improperly “baseless” reasoning.

NENCINI Page 175:

“In the cottage at 7 Via Della Pergola, on the day of 2 November 2007, in the early hours of the day and up until approximately 12.00 pm, nobody had a shower, just as no burglar had gottenin through the window of Filomena Romanelli’s room; more simply the totality of the circumstantial evidence examined to this point gives us a plain picture of how the defendants put into action a clean-up of the traces of the murder committed and activity to “derail” the investigations that involved a series of actions, a number of which are still to be described.”

So, having stated at length “the totality of the circumstantial evidence examined” Nencini concludes, that the defendants (Knox and Sollecito) had faked the “Burglary” and,

Nencini Page 335:

“...we exclude, for the reasons already expressed, that the murder was committed by a burglar caught in the act of entering the flat after breaking Filomena Romanelli’s window…”

The Nencini Appellate Court Judges, presumably recognise that their conclusion Knox and Sollecito had faked a burglary didnot implicitly exclude the co-existence of a real burglar.

So now they explicitly “exclude” the conclusion that the murder was committed by any burglar.

What will the Marasca Panel make of that?

28: THE SCREAM

Amanda Knox is herself the very first person to refer to the Scream, in her voluntarily insistent Written-Note of November 6th, 2007.

This allegation is generally accepted to be so factually Certain that its factual existence has never been plausibly disputed.

Massei Pages 98-99:

“.....it can thus be held that, in fact, towards 23:30 pm on November 1, 2007 there was a loud, long scream from a woman which came from [91] the house at 7 Via della Pergola.
After this scream, Nara Capezzali heard running on the metal stairs located below her residence in the S. Antonio car park towards the section used as the exit for the cars, and straight afterwards she heard running on the path situated in front of the house in Via della Pergola.

The harrowing scream heard a little before must have caused a strong agitation in Mrs. Capezzali, who was rendered particularly sensitive and attentive to what might happen and who knows the area; therefore, it is to be held that she referred to noises on the metal steps and on the path because there actually were such noises and she was able to hear them.

Furthermore, the deposition of the witness Dramis, who referred to ‚running steps‛ heard about 23:30 pm on that same November 1st in Via del Melo, which is very close, almost a continuation of the path of the houseIp in Via della Pergola, could constitute some confirmation of this.

The running on the path in front of the house at 7 Via della Pergola shortly after the heart-rending scream leads this Court to hold that the heart-rending scream came from the house at 7 Via della Pergola; likewise, whoever’s running steps were heard on the metal steps and whoever’s running steps were heard a little later on the gravel path and leaves in front of the house at 7 Via della Pergola lead the Court to hold that more than one person came out of that house.”

So Massei “held” as a specific “fact” that the scream, came from the 7 Via Della Pergola cottage, rented by Meredith Kercher and Amanda Knox, among others, at about 23:30 pm on November 1st, 2007.

However, Hellmann/Zanettii, and the miscellaneous FOA systematically trivialized the Scream, e.g.: the Police made AK invent it; the Police suggested it to AK; the Police tricked AK into writing it down; there are so many Screams-in-the-Perugia-Night that the scream the Witnesses testified to having heard was not Meredith’s Scream; the scream the Witnesses testified to having heard was at some other time; and Meredith’s Scream was at yet another time. So-many imagined doubts were marshaled that Hellmann/Zanettii argued that there was too much Reasonable Doubt.

The Hellmann-Annulling SCC Panel Page 86:

“Before concordant pieces of data convergent towards a time necessarily later than the one established by the court, back to which the heart‐rending scream of the unfortunate Meredith needs to be tracked, the appeals court preferred to draw the threads from Guede’s presentation of facts, [which he] delivered in a context outside the court, and anyway absolutely false (given that the accused declared himself to be uninvolved in the murder).

The conclusions drawn appear even more jarring if one only considers that the heart‐rending scream was mentioned even by Amanda herself in her handwritten letter when the fact was not yet in the public domain. Not only this, but the reconstruction made by the Hellmann Court of Appeal is not even in line with the relevant post-mortem findings, which indicated a time of death range from 6.50 PM to 4.50 AM on 2 November, thus at a time around 11.00 to 11.30 PM according to the calculated average, so as the First Instance Court had argued, with greater adherence to the available evidence.

Thus, the statement of reasons suffers from a grave lack of logic and from inconsistency with other available evidence also on this point, openly showing an obvious explanatory inadequacy to which the judge of remand will have to bring remedy.”

So this SCC Panel Excoriates Hellmann/Zanetti’s biased and illogical reasoning wrt the scream,  constructively ordering the judge of remand “to bring remedy”.

NENCINI stated on pages 117-118:

“.....from her very first statements, Amanda Marie Knox provides the picture that, at some point during the attack, Meredith was screaming. Indeed, it was only because of the poor girl’s scream [102] that the defendant imagined “what might have happened”. This scream, so excruciating that it caused her to move her hands to her ears to block it out, is introduced in the written statement on the same morning at the offices of the Perugia police. Significantly, this is the scream that was clearly heard by the witnesses Nara Capezzali and Antonella Monacchia. It was so “excruciating” that Nara Capezzali was beside herself, something that she told the First Instance Court hearing on 27 March 2009, having previously only spoken about it to the police, about a year after that night of November 2007.”

Thus does “the judge of remand” bring remedy, expressing no doubt that the scream Knox claims to have imagined “might have happened”, Certainly Did-Happen.

It will be interesting to see Bruno’s take if his SCC Panel submits its Motivazione.

29. THE KNIFE COLLECTED IN SOLLECITO’‘S FLAT

This Knife was mentioned in Post #1, in which the use of at least 2 knives in Meredith’s murder was established.

Massei Page 194:

“Seven samples were taken from the exhibit [reperto] acquired by the Flying Squad of Perugia (i.e, Exhibit [reperto] 36) and consisting of a large knife, 31 centimetres long; on the handle, from the trace indicated as ‚trace A‛, the genetic profile of Amanda Knox was found and in a point on the blade, the genetic profile of the victim was found. All of the other samples gave negative results. “

Here, calling this knife Exhibit 36, Massei reports that Meredith’s DNA was found on this knife (In spite of the fact, corroborated by Knox herself, that Meredith had never been in Sollecito’s flat), as well as Knox’s DNA.

Massei Page 264:

“EXHIBIT 36 (THE DOUBLE-DNA KNIFE)

[282] On November 6, 2007, during the search carried out in the apartment in Perugia where Raffaele Sollecito lived, the 31cm-long knife was found.”

Here, Massei refers-back to when and where this knife was found.

Massei Pages 373-375:

“Of Raffaele Sollecito’s habit of carrying a pocket knife, Corrado De Candia also made reference, recalling that the blade of Raffaele Sollecito’s pocket knife had a length around 6-7cm and a width of 1cm or less.

In relation to the preceding (Raffaele Sollecito actively present at the scene of the murder, finding himself behind Meredith, pulling on the bra with violence, finally deciding to cut it), it must be affirmed that Raffaele Sollecito not only found himself at the scene of the murder and pursuing, with violence, the same objective as RudyGuede, but he is there with a well-sharpened knife (dangerous and thus capable of cutting a resistant material, such as that of a bra, [401] especially in the part that was cut, which may be seen in photos 117 and 119 in the second volume of photographic evidence) and having a blade probably around 4cm long, as De Martino and Binetti have referred to (the length of this, 4cm, appears more consonant with the type of pocket knife described, and Raffaele Sollecito’s habit of always carrying a pocket knife attached with a clip to his trousers, and therefore to be considered rather short and manageable, with respect to a blade of 6 or 7 cm, as indicated by Candia).

Elements which lead one to consider that the 4cm in depth wound was inflicted by Raffaele Sollecito with the pocket knife that he was always carrying around with him, and was inflicted immediately after having cut the bra, while Rudy penetrated the unfortunate victim – who had been almost completely stripped naked – probably with his fingers because the biological trace on the vaginal swab did not present anything of a spermatic nature.

That the knife used by Raffaele Sollecito on that occasion, according to what has been said, has not been found, is an irrelevant circumstance when it is a case of blade weapons [arma bianca] of easy availability and easy enough to conceal (cf. on this specific point, Cassation 30 June 2004, no 48349).

This progression of violence, from advances to gripping, from which derive the numerous bruises, to ultimately injuring the girl with a knife, finds a possible explanation in the fact that Meredith, it must be held, continued to put up the resistance that she could (there are in fact no signs of yielding, of any acquiescence occurring and, as a matter of fact, the scream that Nara Capezzali and Maria Ilaria

Dramis have declared to having heard confirm this behaviour of the young lady), and, to the end of completely subduing her, even to her will as well, probably, as an angry and almost punitive reaction against a girl continuing in this behaviour, there was the blow inflicted upon the neck producing the 4cm deep wound (corresponding to about the length of the blade described by Binetti and De Martino), a blow that, as observed above, is to be held to have been inflicted with the same pocket knife used to cut off the bra and therefore by the [402] same person who had sliced the bra itself and who had the use of this pocket knife, and this is Raffaele Sollecito.

The very loud scream (as described by Maria Ilaria Dramis) of pain and, at this point, also of terror, made by Meredith and of which it was said, not causing any repentance among the attackers, but the final definitive progression of violence, and while her already-cut bra was being removed (the bra that, coming into contact with the part of the body that had begun to be covered in blood from the wound in the neck, itself became partially stained with blood), the hand of one of the attackers sealed Meredith’s mouth, so that she could not scream again, and another of her attackers struck her again on the neck, but on the left side because, probably, they were on the other side with respect to the person who had inflicted the 4cm deep wound, causing [in their turn] a lesion 8cm deep. Meredith tried to withdraw the part of her body that was once again and more deeply attainted but, held by the hand of whoever was holding her mouth shut and countered by the presence of the one who had caused the 4cm-deep wound, she ended up being driven back towards the knife that still remained in the wound itself, and occasioned a second incision on the epiglottis, as has been seen, almost as if it were [a case of] a second blow being inflicted upon her.

This dynamic requires the presence of a second attacker, of a second knife. This Court holds that the second attacker is Amanda Knox and the second knife is Exhibit 36. The outcome of the genetic investigation with a quantity of DNA indicated as ‚too low‛ was placed under censure and doubts about reliability. Equally, the incompatibility of this knife with the wounds suffered by Meredith was affirmed.

On these matters, the considerations already made must be recalled, which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound. The inquiry elements allow, still, further observations.

This knife, which attracted the attention of Inspector Finzi during the search in Raffaele Sollecito’s house such that it was taken, unlike the other knives that were in the same drawer, must have presented itself as different from the others, with [403] its own individuality with respect to the other knives present in the Corso Garibaldi house. The owner of this house, were this knife not to be found in the Corso Garibaldi house, would have been able to remember its presence and note the absence of this utensil, and this circumstance would have been able to constitute a trace, an investigative hypothesis upon which Raffaele Sollecito may have been called in to supply an explanation for. In relation to this, it is to be held that Amanda and Raffaele would have evaluated as opportune to carry the knife back to the house from which it had been removed, considering also that its cleaning (it was in fact found extremely clean, as has been noted) would have ensured the non-traceability of the wounds suffered by Meredith to it itself.”

Massei here explains the sequence of events at the murder-scene, the knives used, who used them, the wounds inflicted, the scream, why there must have been at least one more attacker additional to Guede, and why it is Certain that 2 knives were used, one of which was Exhibit 36, and why the Court concludes the second attacker to be Amanda Knox and the killing-knife to be Exhibit 36.

Massei also discusses the transport, cleaning and return of Exhibit 36 to Sollecito’s rented flat.

The Hellmann-Annulling SCC Panel Pages 88-90:8

“In the course of their investigation,  the appointed experts found a third trace on the blade of the knife taken from Sollecito’s flat (Exhibit 36), apart from the one attributed without objection to Knox and the one attributed with strong objections to the victim, right near the trace from which the DNA attributed to the victim was extracted. This [third]  trace was not submitted for genetic analysis due to a decision made unilaterally by one of the experts, Prof. Vecchiotti, without written authorisation from the Court, which had in fact precisely charged her with the task of attributing the DNA found on the knife and bra clasp,  because the previous traces] were deemed to be of insufficient quantity to yield a reliable result, being low copy number. Her decision was later approved by the [Hellmann Court of Appeal] on the assumption that the [new]  quantity was [also]  too small to permit the two amplifications needed to ensure reliability of the result (page 84 of the [appeal] judgment).

Therefore,  [65]  when the Prosecutor General and the Counsel for the Civil Partiessubmitted a request to complete the analysis on the basis of the scientific explanation provided by Prof. Novelli,  a geneticist of undisputed repute recognized by the [appeal] court itself (page 79 statement of reasons),  regarding the availability of instrumentscapable of reliably analysing quantities even smaller than ten picograms in diagnostic fields (such as embryology) in which the need for certainty is no less important than in thecourts,  the Hellmann Court of Appeal refused on the assumption that the methods mentioned by Prof.  Novelli were “in an experimental phase”  (page 84),  thereby freely interpreting and misrepresenting the testimony of the professor,  who on the contrary mentioned the use of such techniques in diagnostic domains in which the certainty of the Presult is essential.

All in all,  the modus operandi of the Hellmann Court of Appeal which,  unacceptably delegating its own function,  entrusted to the unquestioned evaluation of the expert the decision of whether or not to submit the new trace for analysis, is open to understandable and justified censure, considering that the test requested by the Court should have been done, lying as it did within the scope of the expert’s mission, subject to a discussion of the results if they were not deemed reliable.  In any case,  a member of the panel of experts could not assume responsibility for unilaterally narrowing the scope of the mission, which was to be carried out without hesitation or reservation, in full intellectual honesty, giving a complete account of the possible insufficiency of the material or unreliability of the result.

All the more so as the repeat of the genetic tests was requested in 2011, four years after the initial tests; a lapse of time during which significant progress had been made in the instruments and techniques of analysis, as Prof. Novelli, a consultant to the Prosecutor General, stressed. Precisely on receiving the information from this consultant, who spoke of cutting‐edge techniques while under oath –  the Court fell into another gross misinterpretation, in a significant argument concerning the reliability of the results of the analyses made, by assuming the impossibility of repeating the tests even on traces found at a later time, thereby affecting the logic of the statement of reasons (Section I, 25.6.2007, n. 24667).

The Hellmann Court of Appeal also completely ignored the authoritative points offered by Professor Torricelli,  who shed serious doubt on the fact that a very small quantity was found; she quantified the useful material in the new trace as 120 picograms (hearing of 6 September 2011, page 91 of transcript), which is sufficient to execute a double amplification,  and she opposed the methodology by which Prof. Vecchiotti reached the decision not to proceed, in a report obviously not endorsed by the Prosecutor General and the Civil Parties. The authoritative nature of the observations of the two consultants of the parties [66] would have required that the Court deal with their points, which irremediably conflicted with the assumptions of Prof. Vecchiotti,  whose points could indeed be accepted by the Court,  but only after evaluation of the opposing points, which were of equal scientific value.

It must be concluded that when it rejected the request of the Prosecutor General and of the Counsel to the Civil Parties to complete the expert investigations by analysing the new traces found on the blade of the knife collected in Sollecito’s flat, as initially mandated to the experts ‐‐ a request that was supported by more than adequate scientific knowledge ‐‐ the Court made a flawed decision, by reason of its failure to comply with the relevant laws which mandate the safeguarding of all parties in their access to evidence (article 190 of the Criminal Procedure Code), especially in an area in which the expert report (as a means of seeking evidence)  was requested by the Defence,  and was arranged,  but was not completed regarding the new trace, even though it demanded a response more than any other.”

The Panel Excoriates both Hellmann, and it’s appointed expert, Prof. Vecchiotti. The latter for not examining Exhibit 36 as ordered-to by Hellmann, and Hellmann for letting Vechiotti get away with her dis-obedience.

Finally the Panel Criticised Hellman for “failure to comply with the relevant laws”.(Referring specifically to “laws which mandate the safeguarding of all parties in their access to evidence”)

Nencini Pages 337-338 :

“The Court believes that the other blade, the one that caused the wound on the left side of the neck from which most of the blood came out and that caused the death of Meredith Kercher was held by Amanda Marie Knox. It is the knife that was seized from the flat of Raffaele Sollecito by the State Police and labeled as Exhibit 36, on which it is now appropriate to make some considerations.The knife with the blade of 31cm was seized by the State Police from Raffaele Sollecito’s flatduring the first search performed there. [321]The State Police officer who physically took it from the cutlery drawer declared in testimonygiven during the First Instance trial that his attention was caught by this knife, and not others in the drawer, as it was much cleaner than the rest of the cutlery, so as to imagine that it had beencarefully and recently washed. This circumstance, which might appear to be an irrelevantpersonal perception, brought important conclusions to the trial. The Scientific Police analyzedBthe knife and found, on the blade, inside a series of streaks almost invisible to the naked eye, themixed DNA of two contributors: Meredith Kercher and Raffaele Sollecito [sic].[see Footnote 28 below]

This evidence, strongly contested by the Defense, was analyzed by this Court in the section related to the genetic analyses and there is no reason to repeat those arguments. Surely it is an attribution that cannot be considered definite evidence, for the reasons reported above related to the failed repetition of the analysis of the trace, but it remains a strong piece of circumstantial evidence of the fact that this weapon is the second one used in the murder of Meredith Kercher.

On the knife there was a second different trace with sufficient DNA for an analysis, carried out by Dr. Patrizia Stefanoni, who attributed this trace to the DNA of Amanda Marie Knox. This attribution was not challenged by the Defense and can be taken as conclusive evidence.

Furthermore, after having ordered in this remand trial an analysis of the trace (I) extracted during the course of the expert analysis performed at the behest of the Judges of the Court of Assizes of Appeal of Perugia, the Carabinieri of R.I.S. [Reparto Investigazioni Scientifiche, Scientific Investigative Unit] of Rome highlighted DNA that could be analyzed and alsoattributed it to Amanda Marie Knox, without any particular challenge.

[Footnote 28:This is certainly an oversight of the Court, as everywhere else in the report they mention the DNA of Meredith Kercher on the streaks, as is widely known. The DNA of Raffaele Sollecito on the knife is never mentioned anywhere else and is not part of the case documentationScientific Investigative Unit of Rome highlighted DNA that could be analyzed and also attributed it to Amanda Marie Knox, without any particular challenge.]

Both traces attributed to Amanda Marie Knox were extracted from the handle of the knife, from the part closer to the blade.

The evaluation of all the elements extracted from the seized knife leads this Court to believe that it is one of the two weapons used in the murder and that it was held by Amanda Marie Knox, who therefore struck Meredith Kercher on the left side of the neck, thus causing the only mortal wound. “

Nencini rebuts the Defence arguments and concludes that Knox stabbed Meredith on the Left side of Meredith’s neck, using Knife Exhibit 36, causing Meredith’s death.

Nencini Page 339:

“...Whoever struck Meredith Kercher on the left side of the neck with a stab that penetrated 8cm (the entire length of the cut) caused violent and abundant bleeding, as shown by the quantity of blood that came out and the splashes of blood on the furniture, so as to hide completely the surface of entry of the blade, thus making [323] impossible the reintroduction of the weapon in the same cut where it was introduced with the first blow.

It must be stated therefore that whoever struck Meredith Kercher on the left side of her neck did so only once, causing a devastating wound from which, pushed by arterial pressure, a great gush of blood came out, as shown by the splashes of blood on the furniture near the spot where the young woman was struck.

Thus, it must be concluded that the weapon seized is not incompatible with the wound on the left side of Meredith Kercher’s neck, certainly a mortal wound, and that the finding of Meredith Kercher’s DNA on the blade of the knife is evidence fully compatible both with the nature of the weapon and with its use.”

Nencini summarizes-finally its conclusions, rejecting Defence arguments that the Knife, Exhibit 36, is “incompatible” with the wound on the left side of Meredith Kercher’s neck, but is certainly “fully compatible both with the nature of the weapon and with its use.”

Here is the Wiki Site opinion:

“Conclusion

Given there is no doubt that the profile discovered on the knife is Meredith Kercher’s profile and that both contamination and secondary transfer have been excluded the only possible conclusion is that the DNA got on the knife because it was used in the murder of Meredith. That Sollecito would so quickly fabricate a lie to explain why Meredith’s DNA would have been expected on the knife rather than protest that it is impossible just adds support to a position that needs no support. Sollecito’s knife was used to kill Meredith.”

30. THE ANALYSIS OF FOOTPRINTS AND OTHER TRACES

[Note the difference between Footprints/Soleprints and Shoeprints; this difference is crucial]

Micheli post-trial interview 2008, according to the Guardian:

“while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.”

Excellent example of how Facts may not indicate “Who?”, but Do indicate, with Certainty, “How Many” (“more than one”)°

Massei Pages 352-353 :

“Professor Vinci stressed the value of some particularly individualising details of the right foot of Raffaele Sollecito, revealed by the said examination, consisting of: the fact that his second toe does not touch the ground (the so-called “hammer” position of the distal phalange) connected to a slight case of valgus on the right big toe, and the fact that the distal phalange of the big toe also does not touch the ground, (meaning that there is a distinct separation between the print of the ball of the foot and the print of the big toe in the footprint of the accused). Given these two features which make Sollecito’s foot morphologically distinctive, Professor Vinci’s study basically arrives at the assertion that, while the second toe of Raffaele Sollecito’s right foot is entirely absent from the footprints known to be made by him, on the contrary the footprint on the bathmat does contain the imprint of the second toe. [378] Professor Vinci reached these conclusions based on a close examination of the weave of the bathmat, and also by varying the colours of the footprint, as shown in the photograph album of the Scientific Police, so that via the use of different filtres it could be viewed in black and white or in a more intense red colour which emphasised the traces of blood.

A morphological examination of the footprint alone led the professor to consider it as irreconcilable, due to its general shape and size, with the footprint taken directly from Sollecito’s right foot. Indeed, the consultant hypothesised that the measurement calculated by the Scientific Police of the width of the big toe of the bathmat footprint was to be reconsidered: he rejected the measurement of about 30mm in favour of a much smaller measurement of 24.8mm, which he obtained by detaching a mark of haematic substance which he did not consider to be a mark from the surface of the big toe, but from a separate body, namely the imprint of the second toe, which is totally absent from the print taken from Sollecito’s right foot.”

In standard English-Language medical terminology, Sollecito’s Right Foot has a distinctive “Hammer Toe”.

It is certain that None of the other suspects have this abnormality.

This Fact is key to the Certainty that Sollecito was barefoot-at-the-crime-scene!


Note missing 2nd toe-print on Sollecito’s Right Footprint:

The Hellmann-Annulling SCC Panel Page 96-98:

“13 – Analysis of footprints and other traces

The criticisms expressed on the subject of the obvious lack of logic of the reasoning Oconcerning the evaluation of the genetic evidence are well‐founded.

The [appeal]  court evaluated two technical consultancies on the footprint in the victim’s blood left by a bare foot on the bathmat of the small bathroom of the flat where the crime was committed, with [identification] capacity limited to negative comparisons. As a matter of evaluation,  this in itself is not subject to censure, however the court of second degree has again fallen into [the error of making] a statement in open contradiction with the available evidence, ending by attributing the contested footprint to Guede, by making an assumption contrary to all the evidence that “after having left a print on the pillow”, he slipped out of his right shoe “in the course of the violent aggressive manoeuvres to which he subjected Ms Kercher” and stained his foot with blood, which he supposedly then washed in the small bathroom, since if it had not happened this way, his right shoe would have also left some bloody traces in the corridor (compare page 100 of the statement of reasons).

Not only is this assumption deeply implausible, considering that the print left by Guede on the pillow was made by his hand, which is easily explained by the dynamics of the event, but it is much harder to explain how he might have lost his Adidas sneaker, given a situation in which Guede, jointly with others, as stated in the verdict that convicted him, overpowered the young Englishwoman so as to immobilise her. Not only that, but the above assumption also clashes with the available evidence regarding the bloody shoe prints which indicate that he left the room where the crime was committed to proceed directly to the exit door of the flat.The fact that only the left shoe was stained does not that his right foot was unshod, since at most it proves that only his right (sic) shoe signify stepped in the pool of blood which formed due to the numerous wounds inflicted on the unfortunate victim, very probably with two knives.

Just as deficient is the logic adopted in a further step of the statement of reasons, relating to the discovery of the presence of traces revealed by luminol (not visible to the naked eye), which yielded Knox’s profile and the mixed profiles of Knox and Kercher, found in Romanelliʹs room, in Knoxʹs room and in the corridor. These traces could not be attributedto footprints left on other occasions, as the appeal court implausibly accepted [them to be], since luminol reveals traces of blood and it is not really conceivable that Knoxʹs feet might have been stained with Kercherʹs blood on some other occasion.

As pointed out by the party submitting the appeal,  no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas [71] the hypothesis formulated by the judgment of first degree is much more plausible: it emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.

While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom,  then some trace of Sollecito would have been found, whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the traces of the victim’s blood.

The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which,  in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments. As pointed out by the party submitting the appeal, no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas [71] the hypothesis formulated by the judgment of first degree is much more plausible:

It emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.

While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom, then some trace of Sollecito would have been found,

Whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the in the moments immediately after the murdertraces of the victim’s blood.The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which, in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments.”

Hellmann’s Annulment is here not only fully justified, but is essential to avoid a gross miscarriage of justice.

Nencini Pages 328-329 :

“We know with certainty that, on the evening of 1 November 2007, Rudy Hermann Guede was present inside the Via della Pergola cottage, not only because he said so and it is reported in thefinal verdict that convicted him, but also on the basis of investigations and analyses carried out by the State Police inside the cottage contained in the case file. We also know with certainty that Rudy Hermann Guede could remain inside [312] the flat with absolute ease… [for] considerable time, as he left his “traces” in the large bathroom [of the flat].

We know with certainty, as this is shown by the evidence, that immediately after the homicide inside the Via della Pergola cottage three people were present, surely two men and a woman. This can be observed from the genetic investigations and the results of the traces highlighted using luminol. We can also say that one of the men who walked over Meredith’s blood left a very visible trace of his foot on a blue bathmat found inside the small bathroom of the flat. This footprint was attributed by investigators to the right bare foot of Raffaele Sollecito, with an analysis this Court finds correct on the basis of the considerations already made. One of the footprints detected using luminol was then attributed to a woman’s foot compatible, in size, to that of Amanda Marie Knox; in addition, mixed DNA traces found in the small bathroom of the flat (washbasin, bidet and cotton-swab box) were attributed to Amanda Marie Knox.

We have, in substance, pieces of circumstantial evidence of certain reliability, multiple and concordant, that place Rudy Hermann Guede, Amanda Marie Knox, and Raffaele Sollecito inside the Via della Pergola flat on the evening of the murder of Meredith Kercher, in the moments immediately after the murder, when the three left traces of their passage by depositing [marks in] the victim’s blood, abundantly released from wounds.”

Emphasizing the Certainty of its knowledge regarding “traces”, blood, luminol, genetic investigations, DNA, and footprints, Nencini rules Guede, Knox, and Sollecito to have been at the crime-scene “in the moments immediately after the murder” of Meredith Kercher.

4. Other Worries For Judge Marasca

However far-fetched the Motivazione of this SCC Panel turns-out to be, it can hardly have-been unaware of the facts that Sollecito is scheduled to be back in a Lower-Court in Florence on 30th April, 2015, facing his first-set of charges in the Sollecito & Gumbel trial for diffamazione and vilipendio (slander of officials and of the system), nor that Knox is scheduled to be back in a Lower-Court in Florence on 9th June, 2015, facing her new, expanded-set of Calunnia charges.


This series continues here.


Monday, March 09, 2015

The Meredith Case Wiki Now Has The Key Sollecito Statement 6 Nov 2007 In Full

Posted by The TJMK Main Posters



Perugia’s central police station where Sollecito made the statement posted here


The ever-expanding Wiki can of course be found here.

A post follows soon with guidance to the numerous new documents it contains. This was an extremely well documented case with discussions carefully recorded and decisions explained every step of the way.

We have frequently noted for example that RS and AK were provided with an extraordinary total of SIX opportunities in 2007 and 2008 to head off a trial and to be released.

Each opportunity is very well documented (Matteini hearings, Ricciarelli hearings, Mignini hearings, Supreme Court rulings, and the two Micheli rulings) and the transcripts and reports make very clear why RS and AK failed each time.

Not one of those transcripts or rulings has been “explained” or rebutted by the RS and AK apologists. It is very clear now that their falsifying efforts are being left way back there in the dust.

Document after document after document proving the case is going live in English for which they have been able to create no response.  For example, the “brutal” Knox “interrogation” on 6 November is absolutely vital to their body of claims.

But document after document has shown that to be simply a huge hoax.  Dumb silence is the only response.

This new translation of Sollecito’s statement of 6 November 2007 in the central police station, complete for the first time, has just gone live on the Wiki here. As always, we sure appreciate the translation help.

Note: Many of the claims here were proved wrong by phone and computer records and those dropping Knox in the soup contradict claims by Knox.

Sollecito never agreed to testify or be cross-examined on this or many other statements . Smart move, from his point of view. At the same time from 20007 to 2016 Sollecito NEVER testified that Knox was simply at his home all of the 5 November 2007 night. 

Perugia Police Headquarters
Flying Squad
General Affairs Area.

SUBJECT: Witness statement of person informed of the facts given by SOLLECITO Raffaele, already identified.

On November 5th 2007 at 22:40 in the offices of the Flying Squad of the Perugia Police Headquarters. Before the undersigned of the Criminal Investigation Dept. Deputy Commissioner MONICA NAPOLEONI, Chief Inspector Antonio FACCHINI Vice Superintendent of Police Daniele MOSCATELLI, Assistant Chief Ettore FUOCO is present the above-mentioned who, to supplement the declarations made [November] in these Offices, in regards to the facts being investigated, declares as follows: [*A.D.R. = Question Answer = QA]

QA I have known Amanda for about two weeks. From the night that I met her she started sleeping at my house. On November 1st, I woke up at around 11, I had breakfast with Amanda then she went out and I went back to bed. Then around 13:00-14:00 I met her at her house again. Meredith was there too. Amanda and I had lunch while Meredith did not have lunch with us.

QA Around 16:00 Meredith left in a hurry without saying where she was going. Amanda and I stayed home until about 17:30-18:00.

QA We left the house, we went into town, but I don’t remember what we did.
QA We stayed there from 18:00 until 20:30/21:00. At 21:00 I went home alone because Amanda told me that she was going to go to the pub Le Chic because she wanted to meet some friends.

QA At this point we said goodbye and I headed home while she headed towards the center.

QA I went home alone, sat at the computer and rolled myself a spliff. Surely I had dinner but I don’t remember what I ate. Around 23:00 my father called at my home number 075.9660789. During that time I remember Amanda had not come back yet.

QA I browsed at my computer for another two hours after my father’s phone call and only stopped when Amanda came back presumably around 1:00.

QA I don’t remember how she was dressed and if she was dressed the same way as when we said goodbye before dinner.

QA I don’t remember if we had sex that night.

QA The following morning around 10:00 we woke up, she told me she wanted to go home and take a shower and change clothes.

QA In fact at around 10:30 she went out and I went back to sleep. When she went out that morning to go to her house, Amanda also took an empty bag telling me she needed it for dirty clothes.

QA At around 11:30 she came back home and I remember she had changed clothes; she had her usual bag with her.

QA I don’t know the contents of her bag.

QA I remember we immediately went to the kitchen, we sat down and talked for a while, perhaps we had breakfast. In that circumstance Amanda told me that when she got to her house she found the entrance door wide open and some traces of blood in the small bathroom and she asked me if it sounded strange. I answered that it did and I also advised her to call her housemates. She said she had called Filomena but that Meredith was not answering.

QA At around 12:00 we left the house; passing through Corso Garibaldi we arrived in Piazza Grimana, then we went through the Sant’ Antonio parking lot and reached Amanda’s house. To walk there it took us about 10 minutes.

QA As soon as we got there she opened the door with her keys, I went in and I noticed that Filomena’s door was wide open with some glass on the floor and her room was in a complete mess. The door to Amanda’s room was open and I noticed that it was tidy. Then I went towards Meredith’s door and saw that it was locked. Before this I looked to see if it was true what Amanda had told me about the blood in the bathroom and I noticed drops of blood in the sink, while on the mat there was something strange - a mixture of blood and water, while the rest of the bathroom was clean.

QA I went to the kitchen and saw that everything was in order, then went around the rest of the house, I went to Laura’s room and noticed it was tidy. In that moment Amanda went inside the big bathroom, next to the kitchen and came out frightened and hugging me tight telling me that earlier, when she took the shower, she had seen feces inside the toilet, while now the toilet was clean. QA I just took a rapid glance at the bathroom trusting what Amanda had told me.

QA At that point I was asking myself what could have happened and I went out to find Meredith’s window to see if I could climb to it. I went outside with Amanda and she tried to climb to it, I immediately stopped her telling her to not do it because it was dangerous. I then told Amanda that the best solution was to break down the door, I tried to kick it and shoulder it open but I didn’t manage to open it. Then I called my sister on her cellphone and asked her what I should do since she is a Carabinieri lieutenant. My sister told me to call the Carabinieri (112, the Italian emergency number), which I did, but in the meantime the Postal Police showed up.

QA In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies. I heard the first statements that she made to the Postal Police who intervened at the place.

QA She always carried a big bag that she also had the night of November 1st.

The investigating officials acknowledge that the deposition ends at 3:30 (AM) of November 6th 2007.


Sunday, February 15, 2015

Sollecito v Italy & Guede: My Subtitled YouTubes Of Rudy Guede’s Interview with Leosini

Posted by Eric Paroissien













Friday, November 28, 2014

The PMF/TJMK Master Evidence List: First Of Our Projects To Make The Final Picture Whole

Posted by The TJMK Main Posters



High-achiever Meredith Kercher was born less than one mile south of this famous London landmark

Building An Evidence Mountain

There are really three pictures, not just the one, still to be fully made whole.

  • That of Meredith. We believe a family site will soon add to the fine book published by Meredith’s dad.

  • That of all of the evidence the court acquired in 2009, which is the sole picture the Italian citizenry takes seriously.

  • That of the misleading campaign by the Knox and Sollecito PR shills, leaving some in the UK and US misled.

The Master Evidence List is a key part of the second picture and there are several other media-friendly pages still to come.

Click here for more


Sunday, September 14, 2014

Analysis #1 Of Testimony Of Marco Chiacchiera, Director, Organized Crime Section, Flying Squad

Posted by Cardiol MD



Dr Chiacchiera with Dr Comodi explaining reason for charges in another case

Overview Of This Series

Yet another vital translation which will be posted in the trial testimony areaof McCall’s great Wiki. This again is translated by the ever-dedicated main posterr ZiaK.

Although I graduated as a medical doctor I also graduated as a lawyer, and was often in courtrooms. For this post and the rest of the Chiacchiera series I am wearing my lawyer’s hat to point out what strikes me in Prosecutor Comodi’s questions,  Marco Chiacchiera’s testimony, and the cross-examinations by defense lawyers.

Prior Preparations And Procedures

Under the Italian Code, before the beginning of the trial phase in Italy, the parties file a brief, detailing all evidence they want to present – the parties have to indicate by name every witness and precisely what these will be asked. The aims include creation of a Record of Admissible Facts.

Also under the Italian Code, both the defendant and the prosecutor can cross-examine each other’s witnesses. The Judge may choose not to admit any testimony that appears patently superfluous, reject irrelevant or improper or irregular questions – such as leading questions, and Inadmissible Hearsay – and also ask questions to the witnesses and experts.

Ground Covered In Dr Chiacchiera’s Testimony

    (1) He found Knox and Sollecito uncooperative when he asked them questions.

    (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

    (3) Phone records and the police investigation into the accused phone activity the night of the murder.

    (4) Discovery of pornographic magazines at Sollecito’s house.

    (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.


My Assessment Of This Court Exchange

It is immediately obvious to me that this witness is a skilled witness; as such, and given his deep hands-on involvement in the immediate investigation this witness’s testimony is credible.  My assessment therefore is that this was a very good and unflinching witness and that Dr Comodi shows no signs of leading the witness or seeking other than a truthful record.

I have seen prosecutors examine witnesses differently but dont believe the resultant record would have been superior. This would have stood up well in any American court.

(GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

Public Prosecutor Comodi [MC]

MC:  Dr Chiacchiera, you carried out your duties where, when, at what moment of the events?

MaCh:  I was and am the director of the Organized Crime Section of the Flying Squad and I am the vice-director of the Flying Squad. The Organized Crime Section is a branch of the Flying Squad that deals with … the term, I think that in this place [i.e. the court] it is enough to say that it deals with organized crime. However, I am also the vice-director of the Flying Squad, for which [reason] I deal with, in the case of need, everything that is necessary [for] the various aspects.

{Witness supplies 5 items of relevant information that Examiner should elicit at beginning of examination.}

MC:  Can you tell the Court how you became aware of events, who called you, when you became involved?

{Examiner asks another triple-question}

MaCh:  Yes.

{Witness simply answers question as worded by Examiner}

MC:  For now, start to tell us, then maybe I will intervene [NdT: i.e. interrupt with further questions] if necessary.

{Examiner, asking no Q, instructs witness, suggesting provisional forbearance if witness does not make interruptions necessary.}

MaCh:  On the fateful day, at around 12:33, I had gone to the cemetery with my mother. The operations room called me immediately after the discovery of the body.

{Witness begins appropriate narrative response, but Examiner interrupts}

MC:  So the 113? [NdT: 113 is the Italian State Police emergency number]

{Examiner interrupts witness with a Q, suggesting witness's receipt of call from an emergency number, but suggests wrong source-number}

MaCh:  110. The operations room of the Questura called me, and informed me of the happenings in an initially obviously very summarized manner. They said to me that there was a suspicious death, a young woman who lived in via della Pergola. I rushed to the place directly in my mother’s car. I didn’t stop by at the Questura, I didn’t go to get the service [i.e. police] car. I got myself taken to via della Pergola. We took about 15 minutes from the cemetery to there, ten fifteen minutes. In the meantime, I phoned the deputy Commissioner Napoleoni, in the temporary absence of the director, Dr Profazio, who arrived later, who was … he was enjoying a period of leave, and with deputy Commissioner Napoleoni we arrived almost at the same time. We arrived almost simultaneously at the premises. Forensics, too, arrived almost at the same time at the premises.

{Witness supplies correct source-number and resumes interrupted narrative response}

MC:  The Perugia Forensics?

{Examiner questions witness's correction, as if to verify and to ensure accuracy of court's record}

MaCh:  The Perugia Forensics, I highlight, yes.

{Witness emphatically agrees with Examiner's question}

MC:​[They were] alerted by you, or ...?

{Examiner pauses mid-Q, inviting witness to guess complete Q, or is interrupted}

MaCh:​Alerted by the operations room, and also alerted by me.
,
{Witness responds to invitation, or interrupts with A to assumed complete Q}

MC:​So you arrive, and who do you find?

{Examiner's 1st simple Q.}

MaCh: ​I found there ... there was already deputy Commissioner Napoleoni, there were also a few of Meredith’s co-tenants. There was Amanda Knox, there was Raffaele Sollecito. There were two young men who were, I believe, the friend of the boyfriend of one of the co-tenants. In short, there were a few people who had already been inside the house. There was the Postal Police.

{Witness answers Q in reasonable detail}

MC:​In the person of…?

{Examiner seeks more detail re specific Postal Police Personnel}

MaCh: ​Battistelli and another of Battistelli’s colleagues. Inspector Battistelli, with whom there was immediately a discussion in order to understand what were the reasons for his intervention there, because it is not normal to find the Postal [police] in a crime of this sort. And he explained to me immediately what was the reason for his intervention. The origin of the, shall we way of his intervention, was due to the discovery of a pair of cellphones in a period of time, I believe, of an hour, [or] two, I don’t recall clearly, that were one in the name of one of Meredith’s co-tenants and one in the name of, later it [sic] … I mean the SIM [card], obviously, the cellphones’ SIMs, the cards, they were in the name of a co-tenant and the other in Meredith’s [name]. The co-tenant, however, then told us, we then ascertained that both of the cellphones in fact were used by Meredith. And already that was, how shall we say, a first detail on which we began to reflect because, in fact, that was an element than in some way made us [become] immediately occupied/involved from an investigative point of view.

{Witness responds to Q and includes relevant amplifying narrative, anticipating probable future Qs re cellphones}

MC: ​So, excuse me, also if the Court already, shall we say, knows this, because others have reported it, on this point however, where were the cellphones found?

{Examiner seems to interrupt with simple Q to clarify specific relevant fact not yet reached}

MaCh:​Inside the garden of a villa that is in via Sperandio.

{Witness responds appropriately}

MC:​In via Sperandio.

{Probably a Q, but implicitly inviting more specificity}

MaCh: ​A villa that ... I am Perugian, [and] honestly, I didn’t even know there was a villa there. I’m Perugian, and I swear that I would have sworn [sic] that behind there was a wood.

{Witness flounders, seems unable to be more specific}

MC:​A field

{Probably a Q, but implicitly inviting more specificity}

MaCh: ​It [was] the first time that I went in behind there. Instead, I see a marvelous old mansion with an enormous garden that gives ... that is almost adjacent to the street – the street that leads towards Ponte Rio. Anyone from Perugia understands me maybe.

{Witness seems to be in informal conversational mode}

MC: ​From the structure of the fencing/enclosure, could you tell, shall we say, whether it was possible to throw these cellphones from the street, or whether it was necessary to enter the garden itself?

{Examiner engages witness, and asks Q to clarify how cellphones got into that garden}

MaCh: ​Yes, obviously, we checked that. In fact, immediately, in short, the detail that seemed, how shall we say, of great investigative interest was that [very point], besides other details that I will go [into] a bit [sic], so to speak, also to give the impression of what the immediate impact was that we saw in the moment when we found ourselves in a situation of this type. So, deputy Napoleoni immediately entered inside the house in order to check it for herself. I did it [entered] shortly afterwards, also because [as] you will imagine that in that moment whoever was there had to notify all those who [sic], amongst whom Dr Mignini who was the Public Prosecutor on duty, and immediately give orders so that the correct checks are carried out. Because it was not just a crime scene that had to be analysed immediately: there also had to be, how shall we say, correlated with the information that we had got from via Sperandio – because the entry of the Postal [police in the case] originated with via Sperandio. And so we immediately asked ourselves: “Ah, what are these cellphones belonging to poor Meredith doing inside the garden of a villa?” And then And then immediately after, we asked ourselves, obviously, what might be the profile of the possible, or probable, murderer, and we discussed/talked about the crime scene. The crime scene immediately seemed fairly strange to us, if you wish [NdT: literally “if we wish” in Italian, but meaning the same as “shall we say”, “if you wish”, “so to speak” etc.]

{Witness responds to Q with detailed narrative}

MC:​Why?

{Examiner asks ambiguous Q, probably wrt crime scene seeming "fairly strange "}

MaCh:​Because the door did not show… the entry door to the villa did not show signs of break-in. The we checked …

{Witness seems to decipher ambiguity correctly, begins narrative response, but is interrupted by Examiner}

MC:​We are not talking about the villa on via Sperandio obviously?

{Examiner interrupts with Q, apparently not comprehending Witness's narratives}

MaCh: ​For the love of god! It was called a “villa” … (overlap of voices), let’s say the house, of the house on via della Pergola there was no forcing/break-in. We found a forcing on the window. The window is this one, on the side of the house. I don’t know if you’ve seen the house? Anyhow, it is this one on the side of the house that can be seen immediately when you come down the slope from the gate. Logically reconstructing the thing, a hypothetical prowler [NdT: literally “ill-intentioned person”] who entered the house, breaking the glass with a rock - because inside the room, which was Romanelli’s room, which was the, shall we say, hypothetical arena of the entry, was completely in utter chaos. For that reason, what should we have hypothesized? That the hypothetical prowler took a rock, managed to throw the rock; the shutters, the external ones, the external shutters were not …

{Witness is exasperated at Examiner's apparent incomprehension, is repeating his previous testimony, but is interrupted by Examiner}

MC:​The dark-green wooden ones?

{Examiner interrupts with Leading Q re colour of external shutters. Now begins a confused and confusing colloquy. The arrangement of Filomena Romanelli’s window, with Outside, and Inside Shutters, the Broken-Glass-Frame in-between, and the glass-splinters on the window-sill is complicated and needs a picture-exhibit that the witness can refer-to; this is apparently not provided, leading to the confusions}

MaCh:​The dark-green wooden ones were half shut, for which reason [he] must have had an aim like “Pecos Bill” [NdT: a cartoon Wild West cowboy], takes aim and throws that rock, smashes the window. After, he climbs up and does a turn on the little slope, and has to clamber up towards the window on the smooth surface, it seems to me, that from the ground up to the window there are two and a half metres-three [metres]. And then would have said: “bah, in short” [sic]. Yeah, well, the thing seemed to us…. in short, the first hypothesis that the investigator normally does, finds a level of unlikelihood of this kind of happening. After which, we looked at the house and we saw that an entry of a potential prowler [ill-intentioned person], still reasoning on the hypothesis…

{Witness amplifies narrative response but is interrupted by Examiner}

MC:​Of theft.

{Examiner inappropriately interrupts, incorrectly guessing what witness was about to say}

MaCh: ​Of theft ending badly. Of theft that then degenerates because the burglar in some way thinks that he will find no-one in the house and instead finds a person, and then it degenerates … We saw that there were easier means of entry, without wishing to bore you, but behind the house there was the possibility of climbing in a much easier way, without being seen by people that might have passed in the road. Let’s remember that, in short, it was not very late; quite the contrary. Normally people passed there, for which reason, if [he] had done it, the thing would probably have been seen. That thing there, as an hypothesis, we didn’t immediately discount it, that’s clear, because it’s a good rule to never discount any hypothesis. But we immediately considered that it was not a priority.

{Witness corrects Examiner's wrong guess, amplifies and seems to end narrative response}

MC:​Dr Chiacchiera, I interrupt you. (The witness is shown an exhibit.)

{Examiner, seems to acknowledge her habit of interruptions without actually interrupting, while introducing an unspecified exhibit. This introduction seems very informal, because Exhibits are normally identified by an assigned title.}

MaCh:​Ah! I didn’t remember it as being so big.

{Witness recognizes unspecified exhibit}

MC:​Precisely! You saw it? This is the rock that ...

{Examiner engages witness, stating it is "the rock".}

MaCh:​Yes, but it has been some time I have not, how shall we say, yes, I saw it. Absolutely.
However, it’s big, it’s huge.

{Witness engages Examiner, commenting on how large the rock exhibit is}

MC:​Do you consider that it could be this?

{Examiner ambiguously (what are "it" & "this "?) asks witness's opinion}

MaCh:​I believe so.

{Witness seems to overlook ambiguity of Q with vague A)

MC:​I try …

{Examiner begins to speak but is interrupted}

Judge Massei [GCM]:​How?

{Court interrupts as if to ask Q how Examiner 'tries'}

MC:​It is this. Yes, it is this one that was collected, yes, that was found.

{Witness seems to confirm that exhibited rock is the rock found in Filomena’s room}

GCM:​So the rock is shown. [NdT: an “aside” for the court records?]

{Court formally announces admission of rock-exhibit, seemingly trying to reduce confusion caused by informal dialogue}

MaCh:​Inside the room where we then found the rock…
??:​But what was the question about the rock?

{Witness amplifies that rock had been found in a room, but enquires re rock Q, exposing confusion caused by informal dialogue}

GCM:​If this was the rock. And the witness said ...

{Court begins explanation to confused witness}

MaCh:​I said yes. Yes.

{Witness interrupts Court - confusion reigns}

GCM:​You saw it? You saw the rock?

{Court asks witness 2 Qs, trying to clarify that 'it' refers to 'the rock' that witness saw.}

MaCh:​Yes.

{Witness confirms that witness had previously seen the rock introduced into court as an unlisted exhibit.}

GCM:​When you saw it, where was it?

{Court proceeds to clarify confusion re where the rock was when witness originally saw the rock}

MaCh:​The rock [was] in the room of Romanelli.

{Witness specifically testifies, for witness's first time, that when witness originally saw the rock, the rock was in Filomena Romanelli’s room}

GCM:​How far from the window? Can you say?

{Court continues to seek clarification using double-Q.}

MaCh: ​A few centimetres [NdT: “un palmo” = “a hand’s width”] from the window sill, under the window, from the wall where the window is.

{Witness testifies clearly in answer to Court's 1st Q of above double-Q.}

GCM:​So from the internal perimeter wall, from where the window gives onto it, a “hand’s breadth”. So 20 centimetres…

{Court apparently begins to seek verification of witness's testimony, but is interrupted}

MaCh:​Mr President ....

{Witness begins to Interrupt Court}

GCM:​... away from it approximately.

{Court finishes his interrupted statement}

MaCh:​Yes.

{Witness agrees with Court's completed statement}

GCM:​And this is the rock. You remember it.

{Court states his understanding in form of Qs.}

MaCh:​Yes, yes, yes, yes. That is the rock.

{Witness impatiently agrees with Court's understanding}

MC:​At least as far as size and colour [are concerned], it corresponds thus to the one that was collected [as evidence].

{Examiner makes statements in form of Q, seeking verification of resemblance of exhibit-rock to original rock}

MaCh:​At least as far as size and colour [are concerned], it absolutely corresponds. If it was collected, I think that ...

{Witness begins narrative agreement with statements of Examiner, but is apparently interrupted by Examiner}

MC: ​Very well. WITNESS [sic? Should be MaCh?] and Romanelli’s room was a complete shambles. The clothes were on the floor, the glass was strangely on top of the clothes, the [glass] shards were strangely on top of the … on the windowsill, let’s put it that way.

{Apparent Transcriptional confusion attributing to interrupted witness narrative the interrupting .statement of Examiner}

MC:​The outside one.

{Examiner seems to amplify statement of Examiner wrt which window-shutter witness had been referring-to}

MaCh: ​The outside one, precisely. The one that is between the shutters and the shutters [sic. NdT: “imposte” in Italian, but this can also mean shutters, or flap, as in the inner “scuri” shutters, or he may mean the window-frame itself, with the window-panes, given his following description], the green shutters and the shutters, the broken ones in short, where the glass is. The shutters – the wooden ones. The rock was a bit too close with regard to the wall if I [were to] throw it from least two metres. Unless it was lobbed [i.e. thrown in a high arc]. But in that case it’s rather unlikely that it would smash the glass. For that reason, I repeat, in the context of immediate likelihood, this one …

{Witness agrees with Examiner that he was referring to "The outside one", continuing with narrative of reasoning, but is interrupted by Examiner…}

MC:​Yes, it’s true. These are considerations. However they are considerations, shall we say, that refer [sic], because they are reasoning/lines of thought that are formed in the “immediacy” of the events [NdT: i.e. “in the immediate aftermath”. NOTE: throughout the text, a number of speakers use “immediatezza” (lit. “immediacy”) to convey a number of meanings, from “in the immediate aftermath”, or “in the immediate surroundings”, or “very soon after”, etc. I will translate them appropriately according to the context, without further explanation of the use of “immediatezza”], in order to proceed in one direction rather than another.

{Examiner, interrupting witness, apparently agreeing with witness's reasoning. While Examiner is apparently stating his own argumentative reservations re the possible evolution-in-time of witness's changing lines of reasoning, he is interrupted by Giulia Bongiorno, Sollecito defense lawyer:}

Giulia Bongiorno [GB]: ​I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

{GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

MC:​But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

{Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

MaCh:​It happens to us too, at times, to reason/think rationally …

{Witness joins colloquy, amplifying Examiner's argument.}

GCM:​These reasonings/deductions, then determined your investigative activity in one direction rather than in an …?

{Court seems to invite further amplification by witness}

MaCh: ​Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach – I won’t say conclusions – but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken … a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as … (overlap of voices).

MaCh:​… particular.

{Witness further amplifies narrative}

GCM:​You formed these considerations, and what did they lead you to?

{Court asks simple Q.}

MaCh: ​That very probably the author or authors knew the person, or at any rate that the author or authors did not enter … did not enter from the window-pane of that window.

{Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

GCM: ​Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, … there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

{Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}
_________________________________________________

This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

Analysis of Chiacchiera’s Testimony will continue in a future post.

 


Thursday, May 29, 2014

Ted “There Is No Evidence” Simon’s Tired Mantra Misinforms Americans And Provokes Italian Hard Line

Posted by Peter Quennell


Above: Ted Simon’s objective and accurate statements on the case against Amanda Knox (Dec 2008)

Is Ted Simon already gone?

Has Ted Simon been kicked off the Knox-Mellas team?

Ted Simon gets no mention on Knox’s website among the credits to her Italian legal and Seattle PR teams. He seems to serve zero useful purpose to anyone that we can see. One could train a parrot to repeat “there is no evidence” for a smaller fee.

Ted Simon is certainly not helping Knox to get back to Planet Earth - in January Judge Nencini awarded her another year inside, and for continuing legal incautions Knox could certainly face more time.

As he seems utterly ineffective on all fronts, maybe it was high time that Ted Simon was gone.

If so five good reasons why

A year ago, he seemingly allowed this false felony charge to be included in Knox’s book. That malicious claim could result in more prison time for Knox, and possibly open Ted Simon to a malpractice suit for zero due diligence done on her book - or at least this.

Since then, Amanda Knox has shot herself in the foot at least four more times, with no obvious legal restraint.

Knox charged ahead with the insulting and inaccurate email to Judge Nencini, the insulting and inaccurate appeal to the European Court of Human Rights, the insulting and inaccurate first response to the Nencini Report, and the insulting and inaccurate website which Knox foolishly runs.

And seven more reasons why

Our interest is for justice for Meredith and her family, for Italian justice to be seen in a fair light, and for an end to this protracted PR-driven dead-end fight, in which Ted Simon has had some hand.
 
So let us look at some other ways in which Ted Simon’s lazy mantra, a substitute for a convincing alternative scenario of the crime, gives, or at least gave, Amanda Knox false hopes and will ultimately let her down.

1. Take a look at this absurd claim by Ted Simon which millions of Americans now, large numbers of lawyers, and many TV hosts can laugh off as simply untrue.

“There was no hair, fiber, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, DNA of Amanda Knox in the room where Meredith Kercher was killed,” attorney Theodore Simon told TODAY’s Savannah Guthrie. “That in and of itself tells you unassailably that she is innocent.” (CNN)

What exactly does that mean? Does Ted Simon even understand the scenario of the attack? This was a KNIFE attack, which does not usually see the exchange of a lot of DNA. There was the indisputable use of two knives in the attack - and Knox’s DNA is absolutely incontrovertibly on one.

Why does Ted Simon make no mention of that?

2. Meredith’s room was not fully swabbed for DNA because fingerprint dusting was the investigators’ (right) first choice. There were no fingerprints there - but there were none in Knox’s room either. Was she never there too?  Knox’s lamp was found in Meredith room, with no prints. It would not have got there without help from her. There was a Knox-size shoeprint in the room. It would not have got there without help from her.

Why does Ted Simon make no mention of that?

3. Throughout the rest of the real crime-scene, which Ted Simon would really, really like Americans to forget includes a corridor, two bedrooms, and two bathrooms as well as Meredith’s room, there is stacks of unshaken forensic evidence against Knox. Indisputably a partial cleanup occurred because some footprints in several chains had been disappeared.

Why does Ted Simon make no mention of that?

4. There is, if anything, a surfeit of possible motives (not that there is a requirement for certainty there), and certainly there is a surfeit of alibis. Knox clearly framed Patrick. She was totally unprovoked by police, and yet even after three years actually served for felony framing, she continues to perpetrate the great hoax that she was.

Why does Ted Simon make no mention of that?

5. Amanda Knox is ever more frantically claiming that Rudy Guede carried out the crime against Meredith alone, and yet there is zero question of that. Many myths spread about Guede are untrue.

Why does Ted Simon make no mention of that?

6. Raffaele Sollecito was absolutely incontrovertibly in the apartment during the attack - his own lawyers have failed to prove the print on the mat was not his. Absent Knox, it is inconceivable that Sollecito was there.

Why does Ted Simon make no mention of that?

7. Finally dozens of lawyers are saying that the extradition treaty with Italy is crystal clear. If due process to a conviction was followed - and the American Embassy in Rome monitored it and saw nothing wrong - Knox could be on a plane within weeks to pay for what was a very cruel crime.

Why does Ted Simon make no mention of that?

New mantras in light of above

Due to sudden problems with Ted Simon’s gibberish machine, we are happy to step up and provide these for free.

There was no hair, fiber, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, DNA of Rudy Guede in the bathroom where there was a bloody footprint of RS and DNA of Knox,” attorney Theodore Simon told TODAY’s Savannah Guthrie. “That in and of itself tells you unassailably that Guede did not do the crime alone.”

There was no hair, fiber, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, DNA of Rudy Guede in Filomena’s room where the breakin was staged, though there was Knox’s DNA” attorney Theodore Simon told TODAY’s Savannah Guthrie. “That in and of itself tells you unassailably that Amanda Knox is framing him.”

There was no hair, fiber, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, DNA of Amanda Knox in the bedroom where she slept,” attorney Theodore Simon told TODAY’s Savannah Guthrie. “That in and of itself tells you unassailably that Knox did not even live in the flat.”

Amanda Knox is thrilled. Thrilled!! Look for them soon on your local TV.


Below: Ted Simon’s shrill and misleading statements on the strength of the case against Amanda Knox (Feb 2010).

Posted on 05/29/14 at 08:33 AM by Peter QuennellClick here & then top left for all my posts;
Right-column links: Evidence & witnessesReal crimesceneThe pack attackDNA and luminolHoaxes against Italy3 No evidence hoaxHoaxers from 2007Knox-Mellas team
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Wednesday, April 16, 2014

The Incriminating Bathroom Evidence: Visual Analysis shows the Footprint IS Sollecito’s

Posted by Machiavelli



[Please click on each image for a larger and more high-resolution version]

The sheer depth and width of the hard evidence

The defenses really don’t want you to know this: in both width and depth, the full panoply of the evidence against Knox and Sollecito is absolutely overwhelming.

As we remarked in our post below there are far more and far stronger evidence points than UK and US courts normally require for conviction. But only the trial panel of judges observed anything like their full array.

The 2010 Massei Trial Report (which the Nencini Appeal court validated this past January) is a SUMMARY of what was presented to the judges in the courtroom.  Those presentations in court were in turn something of a SUMMARY of the hard evidence buried in all the evidence files and the minds of witnesses.

Italian media SUMMARISED for Italians what was to be seen in the courtroom and to be read in the Massei Report. They were barely able to do even summaries for the 1/4 of all the trial hearings that were not open to the media or the public. 

UK and US media for the most part didn’t even bother to provide comprehensive summaries (the very fine on-the-spot reportings of Andrea Vogt, Barbie Nadeau and Ann Wise were the main exceptions).

So in effect people in the UK and US attempting to follow the story didnt for the most part receive even a summary of a summary of a summary!

Not one US or UK newspaper or TV network translated the Micheli Report, or the vital Massei Report, or the Supreme Court appeal, or the Supreme Court outcome - only the (mostly professional) translators on PMF dot Org did all that translation.

This post is another example of how far down - beyond even Massei - it’s possible to drill into the evidence, and see it still hold up.

Some past posts on TJMK drilled down to similar depths, on the knives, on the DNA, on the mixed-blood traces, on the phone-events, on the motives and psychologies, and so on. All that evidence too all held up.




Visual analysis of the bathroom-mat footprint

This post mainly consists of high-resolution pictures and measurements. Presented like this, the pictures and measurements largely speak for themselves, and show the real strength of the bathroom-mat footprint evidence.

You will see that as SomeAlibi previously concluded using other methods, this footprint was quite undeniably Sollecito’s.  It bears no similarity at all to Rudy Guede’s.

Please click on all images for larger versions in scalable PDF format


1 .  [Below] the bathmat and the print, with measurement reference




2 . The bathmat print and the surrounding area




3 . The bathmat print (photo from Polizia Scientifica).




4 . The bathmat print, with vertical and horizontal sizes, from Rinaldi’s report





5. The bathmat print, photo with enhanced contrast.





The photo above was modified by highly enhancing contrast.



6 . Enhanced contrast helps to spot some features





Contrast may help to highlight especially some parts of the print outline.

For example the area on the left labeled as “important area” in the picture (which was “forgotten” in the notorious photo elaborations disseminated by the ‘Friends of Amanda’ group), shows the actual left outline of the ‘big toe’ of the bathmat print.

The toe includes the area indicated in this picture (here the picture is shown again in its original colours).

7. The bathmat, with enhanced contrast





The contrasted image is showing the presence of other stains

There are other stains on the carpet (about another 10, factually situated in one half of the mat area), and also there shows a second diluted footprint (apparently from a foot of smaller size).


8. The selection of a set of red colour shades, outlined by an automatic outline generator





Shows the shape and the possible ‘outline’ of the stain

Reference measurements indicate the width of the ‘big toe’ in millimetres.

 

9 . A hand drawing of the outline (detail).





The photography above was modified

The modifications are: +28% contrast, -8% luminosity, + 20% colour saturation, from the original.

An outline has been drawn manually on the photoshop image, trying to be as faithful as possible to the actual stain.

You can notice that, apart from some minor ‘disputable’ very faint areas (such as the area between the toe and the metatarsus) there are only minimal differences between an automatically generated outline and a manually drawn one.

The shapes of the ‘big toe’ are extremely similar in both contours (images 8 and 9), in fact all meaningful features are basically identical.

We consider this manually drawn outline as good for comparison.     


10 . The complete hand-drawn outline





11 . Minor detail: small dots separated from the main stain





Observe the small red ‘dots’ in the picture above

Although we can’t draw any conclusion about their possible significance, we note the existence of these very small ‘spots’ of a faint red colour shade, separated from the big stain.

They are detected by the computer generated outline above, and that we also see as distinguishable with the naked eye thus we considered them in drawing manually the outline.

We don’t draw any conclusion about them; but because of their sensitive position (they may suggest a ‘small toe’ mark) we take note of them.

The green arrows in the picture point out their position (green circles).

12 . An image in electronically modified colours





Distribution and intensity of the colouration

As a part of the preliminary study of the stain, we also produced this image above where the computer assigned an artificial colour to an array of shades of ‘red’, thus allowing to further isolate the stain from the background for further assessments about its shape.

This picture shows the distribution and intensity of the colouration. (note: the existence of some above mentioned tiny marks is recorded by this technique too)



13 . The bathmat has a spiral-shaped relief decoration





The footprint’s toe obviously balancing on top of the relief decoration. 

We think the outline of the ‘toe’ mark of the bloody footprint is affected by the shape of the decoration, in particular the missing part of the toe on the right side, which is remarkably coincident with the margin of the decoration. 

So that on that side there is a striking correspondence between the outline of the ‘negative area’ – the fabric surface around the spiral, which is lower – and the big toe’s outline

This indicates that the outline of that mark on that side was affected by the decoration margin, thus the print there has a ‘missing part’. So the ‘crooked’ bloody area in fact follows the margin of a larger toe.

Because of such coincidence, we can logically assume that the actual shape of the big toe mark appears to be part of a big toe, with larger surface which left its print only partly because part of its surface did not have contact with the fabric, in correspondence of the ‘negative area’. 

14. The “negative area”





15. Mat decoration in relief and the toe mark







Observe above one single, unitary stain

The remarkable coincidence between the outlines of the decoration in relief and of the toe mark is shown in the picture above.

The rough contour of the print obtained through a smooth curve highlights the shape of the big toe.

Part of the relief decoration outline coincides with the toe mark outline, which shows, highlights and explains how all parts of the red toe mark, that you can see left of the relief decoration, they all belong to one single, unitary stain. 

Thus we can deduce that the “missing” area on the right of the toe is determined by the decoration, and coincides with the negative area.

16. Picture (by Kermit) showing a rough shape of the stain





Observe shape, curvature and size

This drawing by Kermit above highlights the rough shape, curvature of left margin and overall size of the big toe.


17. Rudy Guede’s sample print





Take note of this image

A copy of this picture together with one of Sollecito’s print at the same scale will be used for comparisons. 

18 . Raffaele Sollecito’s sample print





Take note of this image

A copy of this picture together with one of Guede’s print at the same scale will be used for comparisons.

19. Part of Rudy Guede’s sample print with Rinaldi’s reference measurements








20. Part of Sollecito’s sample print, with Rinaldi’s reference measurements:






21. Bringing all photographs down to the same scale





An accurate exercise of scaling was done

This was based on Rinaldi’s referenced pictures. Each one of the Rinaldi’s sample pictures has multiple measurements on several points of reference which allow a high precision determination of their scale and sizes, and thus comparison at the same scale.

In order to further increase scaling precision, the scale was calculated previously and separately for each comparative measurement in the three photos; this was done multiple times for each measurement and the average was picked in order to reduce error as for statistical measurement method.

The resulting final error in the scale is extremely small, far below a threshold of significance that could affect comparison (which was set arbitrarily at 1%, but it’s probably significantly higher, while the actual error is much lower).

In other words, the scale error that may affect your screen pictures will be definitely smaller than any possible perceivable (either significant or tolerated) difference that would be noticed or that may affect the attribution of the stain, when this is compared to the sample.     

22. The hand drawn outline is shown again here





23 . The outline (matched scale) overlapped on Sollecito’s sample footprint





The array of compatibilities with Sollecito

The bathmat stain does not seem to have major incompatibilities with Sollecito’s print; it shows rather an array of compatibilities that can be perceived visually.

One interesting feature is the shape, size and position of a ‘big toe’, that appears as a remarkable coincidence; the toe also has a kind of cleft (see 28 below) on the curvature of its left margin. Another outstanding coincidence is the curvature of the plantar arch on the left.   

 

24 . The same outline overlapped on Guede’s footprint





Compare with Guede’s - matched scale.

If you look at the overlapping of the stain outline (see pic 22.) with the sample of Guede’s print (see pics 17. 19.), you may notice 7 major differences, showing a failure of compatibility. Those differences are indicated by numbers (1-7) in the picture .

Each one indicates an area of major difference between the outline of the bathmat stain and the outline of Guede’s sample print. Those measurement differences are remarkably larger than those that can be detected on the overlapping with Sollecito’s sample print.

On the other hand, the compatibility between Sollecito’s print and some very peculiar aspects of the bathmat print (such as a 30mm wide and short toe) were absolutely remarkable.   

The differences between the bathmat stain and Guede’s print are :

1) Toe mark of stain is significantly SHORTER than the big toe in Guede’s sample print (a difference of about 7 millimetres). Some people may want to attempt an objection, by suggesting that such a difference may be just a consequence of the position chosen for the overlapping, that maybe the bathmat print was just positioned too low in the picture, the problem may be solved by shifting it up about 7 millimeters so as to make the tip of the bathmat toe ‘coincide’ with the tip of Guede’s print toe.

However, such objection wouldn’t work; it’s a wrong argument. In fact the only possibly correct position for overlapping the bathmat stain outline is determined by the left curvature of the ball of feet and plantar arch (the area of the picture near number 6), which is by the way the most clearly outlined part of the bathmat stain. If you shift the bathmat stain upwards, the outline will miss the match with the curvature of the left margin of the ball of the feet. You will notice that the plantar arch in this area is already very incompatible with Guede’s plantar arch. It tends to become even more incompatible the more you shift the bathmat stain outline towards the toe.

The problem has no solution, since the more you shift the stain outline upwards (in the direction of the toe) in an attempt to make it look more ‘compatible’ with the length of Guede’s toe (or with an upper margin) the more it will become incompatible with the plantar arch. In order to limit the incompatibility of the plantar arch, and in order to keep an overlapping of at least the left margin of the ball of the feet, you need to place it as shown in the picture, this is the position of ‘maximum’ compatibility between the bathmat stain and Guede’s print. Conclusion: the bathmat toe is too short.     

2) Toe mark of stain is TOO WIDE (30 mm). It is much wider (30 mm) than Guede’s toe.  The number 2. indicates the protruding mark at the upper right, the mark which Giulia Bongiorno desperately insisted on calling a “second toe” mark. In fact, not only would the mark miss completely any hypothetical Guede’s ‘second toe’ in any possible position of the print; also you may notice (highlighted by pics 8. and 9.) how it is not a “mark” itself, but actually it just part of the same area which is entirely continuous in shape and coloration with the rest of the toe mark, and - the most remarkable feature - its right outline is coincident with the outline of the spiral-shaped relief decoration, so that you can reasonably conclude that it is determined by that (the missing area at the lower right of the ‘big toe’ is determined by the existence of the “negative area” of the bathmat decoration).

Conclusion: the bathmat stain has a wider toe mark, however one likes to call it (“big toe”, or “big toe + second toe”) that fails to match any possible part of Guede’s print. The bathmat print is clearly different and incompatible with Guede’s print. It simply cannot be overlapped to any part of Guede’s sample print. Such area is a very significant difference that points outright to incompatibility between the stain and Guede’s print.

3) The toe mark is larger also in the area located at the lower portion of the toe. The toe of the bathmat print in fact has a ‘right margin’ which actually has some additional small marks, small drops protruding towards the right, like droplets maybe produced by the wet cotton fibres of the part in relief which protrude towards the right. This tends to suggest the toe area of the stain may in fact be considered wider: the object that produced it was definitely wider than 22mm, in this area of the toe as well. So also a look at this area confirms that the bathmat stain is wider than 22-23 mm (more towards 30 mm) not just when measured at the upper corner (number 2.) but also at its “lower” parts; here, the small marks caused by the liquid suggest that a larger surface has squeezed liquid from some fabric threads leaving some trace also on the lower area.

4) Bigger incompatibility of Guede on the metatarsus front outline. This area is the front outline of metatarsus: the stain is almost 1cm shorter than Guede’s metatarsus. This happens when you chose the overlapping so as to make the left outline and plantar arch (6.) of metatarsus coincide, as in the picture. Sollecito’s sample print also shows some difference from the stain in this area (pic. 23.) but the difference between the stain and Sollecito’s print is significantly smaller than what you can see in Guede’s print.   

5) There are NO SMALL TOES in the bathmat stain. Small toes are completely absent from the bathmat stain (while the tiny blood marks around the stain don’t coincide with their expected position if it was Guede’s print). Such lack of small toes is a peculiarity of the bathmat print. This is a remarkable difference from Guede’s print, and at the same time, a considerable analogy with Sollecito’s print. In fact one outstanding feature of Guede’s print is the evidence that Guede places a big load of weight on his small toes while instead Sollecito has a posture with a weight distribution with the contrary tendency, and obviously he almost does not touch the ground with his small toes.

Thus, Guede’s small toes are all very well pressed on the ground and thus, we can reasonably infer they are somehow naturally likely to get wet if he steps on any wet surface, and anyway they should get wet for sure if the foot is immersed in water or washed (the foot that left the bathmat print must have been immersed in bloody water). The murderer supposedly washed his foot then stepped on the bathmat. In order to attribute the print to Guede we should assume that Guede “forgot” to touch the carpet with his small toes (while instead he puts a lot of weight on them) or that he managed to not rinse them.

6) The outline of the stain has a PLANTAR ARCH that COINCIDES, by curvature and angle, with the plantar arch in Sollecito’s print, while instead it is very different from the plantar arch of Guede’s print. 

7) The stain is larger than Guede’s print metatarsus as visible in the right area of the stain. The difference is rather significant, almost half a centimetre, that is bigger than the difference with Sollecito’s print which instead coincides for a trait. This difference cannot be “solved” in any way since, even if one wanted to claim that the scale is wrong and that the stain should be sized down, this would make the toe, already too short (as in 1.) become even shorter.

If instead the toe length is adjusted the metatarsus becomes even less compatible with Guede. We recall that Massei found that Guede’s feet had a print overall more slender than Sollecito’s. 

25 . Other features:





Curvatures of plantar arch are very different

The plantar arch curvature, highlighted in two different drawings (the second highlights also the upper outline “hunches”);  the plantar arches in the two sample prints of Sollecito and Guede are shown below. The curvatures of plantar arch are very different.

26. The outline curvature generates different angles





Sollecito’s and Guede’s plantar arch curvatures have very different angles. Also the left outline of metatarsus maintains a different curvature. Sollecito’s outline has an angle (see outline tangent) intersecting the toe (the metatarsus has a “bunion”); in Guede’s print there is basically no intersection, the outline and the toe form almost a straight line.

27 . Plantar arch curvature angle differs between Sollecito and Guede




If you consider the vertical axis of the sample footprint, and its orthogonal line, you may notice how the plantar arch curvatures of the two prints accomplish different angles: the two angles are VERY different, not just three or four degrees.

The (too) narrow angle of Sollecito’s plantar arch probably has a relation with the protruding outline and angle seen in pic 26., and seems related to a hallux valgus (which Guede does not have). 

28 . The “cleft” on the left side of the stain





The “cleft” on the left side

This has a correspondence with one sample print, not so with the other.

29 . Table of metric comparison (by SomeAlibi)





SomeAlibi’s post of a year ago

Comparison of measurements and analysis of correspondence degree of bathmat print, with both Guede’s and Sollecito’s sample prints. 


Wednesday, February 19, 2014

Our First Reviews Of The Painstaking BBC-3 Report First Aired In The UK On 17 February

Posted by The TJMK Main Posters




Review by SomeAlibi

Watching “Is Amanda Knox Guilty” was a funny thing. I suspect for people following the case closely, on either side, it was a sobering experience. Not because it changed perspectives, but simply to see how quickly one hour passed and the necessary trade offs that had to be made to fit within that schedule. The opportunity cost was a level of detail to which in-depth followers have become accustomed.

Just one example: Sollecito and Knox’s partial alibi that they were checking their emails on the night of November 1st was explained as being challenged by two broken computers. Perhaps, (although unlikely to be the material issue) but where was the much more salient fact that their ISP records showed that was conclusively untrue? Where was the challenge: if you say you’re checking emails to establish part of your alibi against a murder and it is shown to be absolutely untrue, what does that suggest…?

There were many other “clinchers” that had to be let go in the name of brevity. But it wasn’t that sort of documentary - it was neither a case for the prosecution or a case for the defence: it put the main suggestions at the level of detail that was possible and it allowed both sides to speak to the points at that level of detail.

I find it interesting that there has been such a howl of bias from those supporting Knox and Sollecito. Objectively there’s no good ground for it: the documentary allowed both sides forward in equal measure and no pro-justice watcher would celebrate it as a pro-conviction piece.

The arguments were balanced, the video, audio and picture quality eye-opening. For those on the other side, their markedly different reaction appears to be that the documentary has broken the taboo that The Evidence Shall Not be Told. The idea that there is an easy-to-consume piece that puts forth the case and defence equally is seen as a disaster.

The campaign for Knox continues to be obsessed, beyond all things, with trying but now failing to make sure the public doesn’t know the basis of the case. For a long time they hoped to drown out the multitude of terribly inconvenient truths within it by screaming “no evidence”. ‘Is Amanda Knox Guilty’ put the lie to that conclusively, but fairly, and now many hundreds of thousands, perhaps soon to be millions will ask themselves why those supporting Knox and Sollecito have had to adopt this tactic at all.

If they really are innocent, why has the case against them been so comprehensively white-washed in the US?

The conclusion, is rather simple and I saw it encapsulated on a large television screen last night with the repeated clips of Amanda Knox and Raffaele Sollecito outside the cottage kissing and “comforting” each other: there for a fraction of a second, shown several times, is Amanda Knox, unable to stop herself glancing at the camera filming her and stealing her gaze away again very quickly pretending she hasn’t.

It’s a look that says everything: furtive, pretending it didn’t happen, immediately covering up in a way that poses a stark proposition: why on earth would you do that if you had nothing to hide?  And like so much of the multiple collapsing alibis and non-working answers and the desperately dishonest fingers-in-the-ear “no-evidence” pretence of those supporting her, is a proposition that can withstand no scrutiny.

Review by SeekingUnderstanding

What a relief to watch a very clear and unbiased narrative. The quality of the visual information was top rate - seeing so much original footage, and presented as it was in a logical time sequence.

Even though I was already familiar with the evidence, including the photographic material, I found it very helpful to see it all presented in this way. I appreciated, too, hearing and seeing the excerpts in original Italian (along with English translations). It added even more authenticity.

I hope that, at long last, this will have helped some - or hopefully many- people to see that the two ‘camps’ in this case do not divide into AK supporters and AK ‘haters’. There are the FoA and their followers ...and there are the others who seek the objective truth and justice.

If hate has been generated in some quarters, then the Knox (and Sollecito) camps need to look to themselves and their own behaviour. This programme was important in the tone it set.

I actually found it to be quite lenient towards the defence on a number of counts.

There were several instances where the defence point of view could have been strongly countered by known and established facts, but, bending over in fairness, these were left unanswered.

Here are just four instances :

1) In the discussion around the blood and DNA left in the bathroom - Dr. Gino’s assertion that ‘the blood/DNA ‘could have come from anywhere’ might have been countered with AK’s own declaration that the bathroom was previously clean. Dr. Gino also suggested a very improbable scenario of ‘it could be saliva’ (on the bidet?). Cassation emphatically said that it must be shown HOW any suggested contamination could have occurred.

2) There was a missed opportunity in discussing the knife presumed to be the murder weapon to mention Sollecito’s lame, unreal excuse of ‘Meredith pricked her hand’ etc.

3) Anne Bremner stated ‘Amanda could not have turned overnight…into a murderer’. Attention could have been drawn to many things, both physical events (her predilection for cruel pranks, including a staged burglary in the US, and wild parties, etc), and also many psychological indicators that would have clearly shown how her behaviour has, in fact, demonstrated consistency.

4) In the discussion re the bra clasp, the delay partially being caused by the defence themselves was not mentioned. Also, detailed discussion re the one bare footprint on the bathmat was omitted.

Since there is, in fact, so much evidence, it must have been difficult to chose and balance what did go into the hour long programme. All in all, I feel Andrea Vogt and her team worked hard, and did very well to let the facts speak for themselves.

I hope it will lay a few fictions and myths to rest.






Review by Earthling

What is the “Amanda Knox trial” (really the Meredith Kercher murder trial) really about? Is it about an innocent 20-year-old pretty white girl being railroaded by the medieval Italian justice system?

Or is this actually a murder trial, about the fact that a beautiful, intelligent, ambitious young woman, innocently trying to improve her life by study abroad, was brutally murdered?

I believe it’s the latter, and the BBC3 production gives us one of the first truly balanced reports on this trial.

The filmmaker starts from the beginning, and takes us through the murder, investigation, and various trials and appeals up to the present day. Instead of the breathless “Perils of Penelope” tone (toward Amanda Knox) that most such previous “documentaries” have taken, this one takes a sober look at the actual evidence.

Did you realize that there are luminol-revealed bare footprints in Knox’s size in the apartment? Luminol reveals blood and a few other substances; but those substances can be ruled out because the test was done six weeks after the murder, by which time those substances would have dissipated.

Blood doesn’t dissipate. This documentary shows you those bloody footprints in all their creepy glory, something never shown on American TV before.

“Is Amanda Knox Guilty” also speaks of the actual DNA evidence in the cottage linking Knox to the murder, including five mixed-DNA spots (Knox and Kercher) that tested positive for blood. Both prosecution- and defense-oriented experts are allowed to comment on this evidence, and the viewer is allowed to make up his or her own mind.

My one criticism is that a lot of the evidence against Knox (witness statements, cell phone data, fake break-in) is skimmed over or not even mentioned. Also, because the documentary quotes Rudy Guede’s position at length without any contradictory narrative, it is confusing as to whether the filmmaker might have believed him.

In the end, the filmmaker says, he was convicted of participating in the group murder. However, a stronger statement against his “I’m entirely innocent” defense would have been good.

Other than these quibbles, this is the best documentary on the Meredith Kercher murder case that I have ever seen.

Review by ZiaK

I watched the BBC programme on the Meredith Kercher case hoping for a more balanced view of the case than has been presented in the English-speaking media to date.

The documentary does present some of the evidence against Knox and Sollecito - including the bloody footprints, the mixed blood/DNA traces in the bathroom and corridor, the bra clasp, the knife DNA evidence, the strange timings of phone calls to police, the unlikelihood of the “break-in” being anything other than staged - but omits to point out that none of the other flatmates’ DNA was found in the blood traces, so saying that “it’s because Meredith and Amanda shared a flat” is misleading.

Nor does it point out that, although the murder knife was found in Sollecito’s flat, none of HIS DNA was found on it: it had only Amanda’s and Meredith’s DNA.

The programme didn’t cover the cell-phone evidence, showing that neither Knox nor Sollecito were where they said they were, at the times that they claimed. The programme also repeated the “Friends of Amanda” PR soundbites, such as “there was no evidence of Amanda in the murder room” - whereas the fact that her footsteps tracked blood OUT of the room are actually evidence of her having been present IN the room before it was locked (i.e. at the time of the murder).

Furthermore, in my opinion, the narrator’s voice seemed to evince sympathy towards Amanda, rather than describing events with a passive or objective tone of voice.

As one of the translators who has participated in translating case documents (such as the judges’ reports describing why they came to their decisions), I am only too aware of the extent of evidence against Knox and Sollecito, and I would like to see knowledge of this evidence become more widespread throughout the English-speaking world.

The BBC programme is a step towards this, but in my mind, only a very small step. I hope the pace will pick up soon, and more objective and extensive knowledge of the true facts of this case will be made available to everyone so they can form a rational opinion of the case based on true understanding.






Review by Cynthia

I’ve just watched this, and it’s very good - with a huge amount of footage hitherto unseen (directed by Andrea Vogt).

For what it’s worth, I note the following points:

1) There’s no mention of Meredith’s friends who heard Amanda say ‘she fucking bled to death’ before the fact was known to anyone else. Perhaps they didn’t testify, being too distressed? If so, it’s a great pity, because it seems a veritable clincher that hasn’t been used at all.

2) The bra DNA arguments are quite extraordinary. If we can determine that we all have Neanderthal DNA (tho’ I know a lot of American fundamentalists don’t believe that mankind goes back more than 6,000 years!) I can’t for the life of me see why DNA would be unusable after a poxy delay of 12 days ...

3) The argument that the Luminol traces may indicate not barefoot treading in blood but in bleach seems absolutely unbelievable to anyone who does housework (like me!) Bleach is horrible stuff, and you really, really don’t want to be getting it on your bare skin. Even Amanda, with her vestigial domestic skills, would have noticed if she’d trodden in it.

4) Bremner says Amanda was an honor student. She wasn’t; she had funded herself (not that that’s discreditable). (Also, are honor students unable to write cursive script? The shots of her handwriting show that she can’t do joined-up writing. [Or thinking.] I don’t know whether the phrase exists in American English, but not doing joined-up writing is a term of great intellectual contempt in English.)

5) We saw Amanda’s ‘mask’ speech. This is really interesting - who would even think that masks were being put on them if they weren’t using them themselves?

6) The programme mentions the little-reported fact that another, smaller knife found at Sollecito’s also had Meredith’s DNA on it.

7) The film omits to mention Hellman’s lack of any experience in criminal trials.

8) Every shot of Amanda in the film has her talking about ‘me’ and ‘I’. She never, ever mentions Meredith - it’s all about HER suffering. She never even says ‘the murderer is out there - I wish you’d stop persecuting me and get them’.

Presumably this is because Guede is supposed to be the sole murderer - and nobody seems in the slightest bit worried that there’s no murder weapon with HIS DNA on it! (Yes, there are his turds - but that wasn’t what killed Meredith.)

9) FOA has used the fact that the recent jury took 12 hours to deliberate over the verdict as an indication that they couldn’t agree. But why not just that they were being extremely careful and re-examining everything?

10) Finally, just an observation: Maresca speaks the most beautiful Italian - you can hear every word calmly flowing past.

Review by Miriam

Much appreciated. Outside of the Porta a Porta transmissions on the case, the best I’ve seen.

I understand they had to give both sides, but I felt that the defense came out on the losing side. I thought it funny that it was implied that since they only tested for blood it could of been saliva.

I don’t believe even her supporters would argue that Knox was so quirky as to brush her teeth in the bidet! Or maybe she spit in the bidet, in which case Meredith would have had every reason to complain about her bathroom habits!

Now if only this or something like this would air in the U.S.






Review by Sara

This is actually one of the most objective and well-researched reports I have seen on the case and I am very happy that BBC has managed to be so unbiased.

It presents both sides of the story equally well and does an excellent job of countering the extremely silly “no evidence” argument that the FOAkers like to repeat at equal intervals.

Regardless of what one believes, I think the documentary will at least succeed in convincing most people that there is indeed sufficient evidence against the two of them, and Italy’s judicial system is not crazy to convict people without any evidence.

My favourite part was when the defense DNA expert (can’t recall her name) tried to explain away the mixed blood evidence by saying that one of them could have had a nose bleed, and the other could have cut her hand in the same place leading to mixed blood.

Come on already, what are we? Kindergartens making excuses for not handing in homework? What is the possibility that both of them would bleed in exactly the same places not once or twice but multiple times? I think anyone with a bit of sense can see that they are clutching at straws.

However, I was a bit disappointed that few things were missed out. For instance, the fact that Guede’s footprints led straight out of the house, the fact that Amanda’s lamp was found without any obvious reason in Meredith’s room, Amanda’s extremely odd midnight call to her mom that she conveniently “forgot”, her million showers despite her concern towards “water conservation” etc.

Sollecito’s multiple changing stories were not really elaborated upon (the story in which he went to a party, the one in which he checked emails, the one in which he pricked Meredith etc etc).

Also, inconsistencies between their accounts of various events could have been pointed out (Was Filomena’s door open or close? Did AK call Filomena from the cottage or from Sollecito’s house? etc).

Witness accounts were not given any screen space either. I think touching upon these would have made the documentary even more impressive.

That said, I understand that the team has done the best they would within the limited time they had, and everything just cannot be accommodated within one hour.

So, all in all, kudos to the team and BBC for a job well done.

Review by Odysseus

I though it was a very competent overview of the case. After so much pro-defendant spin in the MSM (no doubt engineered by the American defendant’s PR outfit), it was refreshing to have a sane, measured and rational presentation. The victim deserves no less.

Congratulations to BBC3 and to the programme makers. It’s good to know that the BBC of blessed memory hasn’t been entirely dumbed-down nor intimidated by “partial outside interests”, the latter being director Andrea Vogt’s own description of the forces intent on muddying the waters in this case.





Tuesday, February 18, 2014

Congratulations To The BBC For A Report Emphasizing The Sheer Extensiveness Of The Evidence

Posted by The TJMK Main Posters



[From the BBC report: Meredith the night before the cruel, deadly attack with her Halloween friends]


This is the painstaking and obviously expensive report by Andrea Vogt and Paul Russell with interviews in London, Seattle and Perugia.

It was aired by the BBC on 17 February. Considerable time is allocated to defense lawyers and experts and the Knox family and Ann Bremner of the FOA taking their best shots at explaining how Knox could maybe have not been involved.

Still, the sheer mass of the evidence remains as the 80,000 pound elephant in the room, lacking any hint of a realistic alternative explanation. Three people committed the horrific attack, including Rudy Guede and two others.

Only Knox and Sollecito remain pointed to by dozens of evidence points as those two others. Not one single evidence point indicates anyone else was involved. The Masssei trial court got it right as the Nencini appeal court just confirmed.

We will enquire if we can embed the hour-long video. But as it may be picked up by US and other foreign media outlets, we will start by simply summarizing it soon.  Assessents by those who have already seen it are welcomed.


Saturday, December 14, 2013

Why Is Appeal Prosecutor Crini So Very, Very Interested In The Precise Position Of Filomena’s Door?

Posted by Cardiol MD



[Above, we can see Filomena’s grey door, at hard left; ahead are Meredith’s & Knox’s bedrooms]


Do please bear in mind that this appeal was initiated by Knox and Sollecito, and the verdict, sentence and sentencing report they dispute is Judge’s Massei’s from the 2009 trial.

The subject of one of Dr Crini’s focuses - whether or not Filomena’s door was open at the various times Knox and Sollecito stated they went to the women’s apartment on the morning-after – is a crucial one, relevant to proving Knox’s and Sollecito’s lies and obfuscations.

Wasn’t the staged break-in to Filomena Romanelli’s room glaringly obvious? In the early morning of November 2nd, 2007? In spite of the Knox/Sollecito obfuscations?  There is much information in Massei on this question, pointing to many very obvious obfuscations.

Now, for the legal requirements of beyond-reasonable-doubt (BRD) actual, literal quotations are needed. Much relevant information can easily get ‘lost in translation’ not only at the superficial level of paraphrase, as in “They said that…..”, but also at the more subtle level of the formats used for quotations.

Some of the Massei Report as translated consists of the actual oral quotations of witness statements, some are quotations of the content of written documents, but some consist only of paraphrases of both oral statements and of written documents.

For some quotations, especially nested-quotations the translation uses various formats, beginning either with a comma or an apostrophe, ending with an apostrophe, and, in my copy, some back-slashes.

This mixture can be confusing to some readers, and Knox and Sollecito are seasoned veterans of exploiting such translational losses. That is a major factor in their continuing obstruction of justice: using chronic obfuscation.

He said, “She yelled, ‘I’m going to kill you.’ “


This quotation-format has been substituted in this post where it seems appropriate. It is hoped that when this format is used only to indicate editorial irony it will be self-evident.

John Follain and Will Savive also make a number of relevant references, and so do some Wiki articles whose authors are too modest to identify themselves though ‘Underhill’ has been mentioned as a co-ordinator.






Of course, the members of the Florence Appellate Court have access-to, have probably already read, thousands of pages of evidence, including the actual verbatim witness-transcripts, and that Court will make up its own mind independent of what is written elsewhere.

Here are some of the Massei ‘door’ instances - this is a selection of a relevant 6 out of a grand total of 192 instances:

Massei Page 28: [Amanda Knox and Raffaele Sollecito – said that they were waiting for the carabinieri whom they had called since “coming back to the cottage in the morning because they had been away for the night” and finding “the entrance [15] door open and then the window broken” (see declarations by Battistelli, hearing of February 7, 2009, page 64).]


Access to the Court Records would help us better-understand this passage, but Follain (Page 67, Kindle location 939), indicates that Battistelli is actually quoting Sollecito, substituting ‘they’ for ‘we’, so it seems that Sollecito was already obfuscating the facts, encouraging the inference that their shocking observations began only when both he and Knox arrived together and discovered together both the open apartment entrance-door, and from inside Filomena’s room, the broken-window, so we are all being steered away, by Sollecito, from the true answer to our question.

Massei Pages 29-30: [Around midday(Nov, 2nd, 2007), at ten past twelve, when they had not yet arrived at the car park of the Fair, and she(Filomena) was in the car with her friend Paola Grande, she received a phone call: it was Amanda letting her know that there was something strange. She had arrived and had found the door open: she had had a shower and it had seemed to her that there was some blood; moreover she said that she was going [17] to Raffaele’s place (declarations of Romanelli page 31, hearing of February 7, 2009).
To her (Filomena’s) question about where Meredith was, she had answered that she did not know.]


Filomena had apparently not been told by Knox, in this 1st phone-call, about the broken pane, the stone, and the bedroom-disarray, as if Knox was not yet aware of these stunning facts. The obfuscation continues.

Massei Page 30: [Marco Zaroli, who was without a car because Ms. Romanelli had taken it, had called his friend Luca Altieri and they had gone together to the house in Via della Pergola, where they arrived around 1:00 pm, at almost the same time as Filomena Romanelli and Paola Grande. In the house there were the also the two present accused and – as we have seen – Inspector Battistelli and Assistant Marzi. The presence of the latter two was linked by Ms. Romanelli to what Amanda had told her about the open door, the broken pane, her own room in a mess.]


When Knox first told Ms. Romanelli about her visit, she had omitted reference to Laura’s and Filomena’s doors, whether they were open, whether they were openable, whether Knox opened them, and whether Knox looked inside and saw the broken pane, the stone, and the bedroom-disarray. It is implausible that Knox tried only Meredith’s door and not the others.

It is also implausible that Knox even took a shower at the women’s apartment, colder as it was than Sollecito’s. Amy Frost testified that hours after the body was discovered Amanda Knox told her that she never took the shower, because when she noticed the blood that had stopped her from showering.

The Postal Police commented that Knox also emanated an unpleasant, ‘post-shower’ odour, inconsistent with Amanda having recently had a shower anywhere, implying Knox was lying about taking the shower.

Knox is steering Ms. Romanelli away from these crucial facts which logically demanded that their ‘discoverer’ flee (again), and call the Police. Knox is obfuscating by selective piece-meal feeding-of-the-facts to Filomena.

Massei Page 38: [On the day of November 2, 2007 at police headquarters, Amanda was also there and she said that that night she had been with her boyfriend Raffaele and that the next morning at around 11:00 am she had gone back home to get changed. She had found the entrance door open and this seemed strange to her: she had gone into the house and into her room and she had taken a shower and had seen drops of blood.

She said that after the shower she got dressed and noticed that Meredith’s door was locked. She went into the other bathroom and said that there were faeces in the toilet. Then she went into another room and noticed that the window had been broken and that there was glass inside. She told these things to her and the other girls present. Then she related that she had gone back to Raffaele’s house and had rung Filomena. She remembered that on that occasion at police headquarters Raffaele was very calm, silent.]




When Knox first called Filomena, Knox had omitted any mention of the most significant information - the (staged) break-in, as if she had not ‘noticed’ it.

Now, later, paraphrasing, Massei states: “Then she went into another room and noticed that the window had been broken and that there was glass inside.”

Had Massei not paraphrased, but had written “Then I went into Filomena’s room and ‘noticed’ that her window had been broken and that there was glass inside.”, we could use it as BRD evidence.

The actual, verbatim quote should be among the many thousands of Court Records relied upon by Massei; Nencini’s Court should use such Record in reaching its decision.

Massei Page 65: [Upon returning home, she [Amanda] noticed that the door was wide open. She thought someone had gone to take the trash out or gone to the floor below, closing the door behind them but not locking it. She asked loudly whether anyone was at home, but no one answered. The door to Meredith’s room was closed, and this meant she was sleeping. She undressed in her own room and took a shower in the bathroom, (the one) nearest to (both) her room and to Meredith’s.

When she got out of the shower, she realised that on the little bath mat where she had placed her feet, there was blood and also, there were drops of blood on the sink and the faucet. She left the bathroom and went to get dressed in her own room. Then, she went in the other bathroom to dry her hair, where there was a blow dryer. It was at this time that she noticed feces in the toilet, which surprised her. She then took the mop and returned to Raffaele’s home, locking the door (on the way out.)

She told Raffaele what she had seen and he suggested that she call one of her friends. She then called Filomena Romanelli, who said that she had been out with her boyfriend and that Laura Mezzetti was also away, in Rome with her family. She then realised that the only one to have spent the night in Via della Pergola was Meredith, about whom, however, nothing was known. Filomena seemed worried, so Amanda (Page 66) told her that she would call Meredith, who would then call her back.

She then called the two cellphones that Meredith had, but without getting any response (from her). She then returned home, this time with [55] Raffaele. Upon returning home, she opened the door to Filomena Romanelli’s room and saw that the window was open and completely broken: there was chaos, ‚but her computer was in its place on the desk.‛ Convinced that there had been a burglary, she went into the other rooms: Laura’s room was in order, and nothing was missing from her own room.

However, Meredith’s door was closed. She began to knock and to call out, without receiving any answer. She was then seized with panic and went on the balcony to see if she was able to see anything, but she couldn’t see anything. She went down to the apartment below to ask someone, but no one was there. She therefore went back inside and Raffaele said that he wanted to try to break down the door of Meredith’s room, but he wasn’t able to. It was then that they decided to call the police, which is what Raffaele did. She let Filomena know about this, asking her to come home.]

Now, only after returning “home, this time with [55] Raffaele.” does Knox allege that she had then “opened the door to Filomena Romanelli’s room and saw that the window was open and completely broken: there was chaos, ‚but her computer was in its place on the desk.”

Knox continues to obfuscate by selective piece-meal feeding-of-the-facts.

Massei Page 66: [While they were waiting, two police officers arrived (at the scene) and she showed them all that she had seen. Then Filomena arrived with her boyfriend and two other friends, and they broke down the door of Meredith’s room.]

True.  There are a number of other Massei references to Filomena’s door and room, but they are basically repetitive of information already in the above references.

This seems to be enough for Nencini’s Court to reach its verdicts re Knox and Sollecito.


[Below: the area from which Knox would have been looking at Filomena’s door]


Monday, November 25, 2013

Appeal Session #4: Today Lead Prosecutor Alessandro Crini Summarises The Prosecution’s Case

Posted by The TJMK Main Posters




Overview

This is the report on the first day of Prosecutor Crnini summarizing the entire case.

This was not attempted at such length at the 2011 Hellman appeal and that panel of judges was perhaps not ever fully in the picture. The second day of the presentation is reported on here. 

Real-Time Report

Good reporting on the court today

Andrea Vogt has posted an objective report here and Barbie Nadeau an objective report here.  We will post excerpts from both and other sources after the appeal session on Tuesday is done.

Warning about AP’s Colleen Barry

The Associated Press’s Colleen Barry is once again filing highly biased reports from the court. This is an appeal by Knox and Sollecito AGAINST a guilty verdict (by Judge Massei) and not an appeal by the prosecution to “reinstate” a guilty verdict. Get a grip.

Final post from the court today

It is 5:30 pm in Italy. Judge Nencini has declared today’s session at an end and he has allowed the prosecution to resume its presentation tomorrow. Prosecutor Crini has about 1/3 of his presentation on the evidence still to come.

Tweets from main poster Yummi

Yummi has warned us that the wireless internet bandwidth inside and just outside the courtroom gets overloaded late in the day as the reporters get busy on their reports.  Yummi does have a way around this but it involves leaving the courtroom when key arguments might be made and walking some distance away. So there might be some slight delays.

[More pending; Dr Crini has alerted that his presentation will be in 16 chapters]

51. [Judge] Nencini suggests to interrupt and go on tomorrow with following prosecution’s points. New schedule.

50. Chapter 11. is DNA. Crini says we may have evidence enough by now anyway

49. Crini censures Hellmann-Zanetti’s reasoning about calunnia (why not indicate the real culprit?). Says H-Z committed ‘physical violence’ on trial file

48. Knox’s calunnia is a strategy protracted over time says Crini

47. Dreamlike component in Knox’s statement, fish blood, are devices needed to surround a calunnia strategy

46. Knox needed to put some additional content into the ‘calunnia’, says Crini, or wouldn’t be believed, so she puts in pieces of truth

45. Knox spoke about a scream an a sexual violence before anyone knew. Sollecito said nothing was stolen before they knew.

44. Points out Sollecito says Romanelli’s door was wide open; Knox doesn’t notice theft. Crini highlights the ‘combination’ of inconsistencies

43. Knox thinks locked door is normal; does not flush toilet when finds feces; does not notice blood before having a shower; thinks blood is ok

42. Notes Knox’s statements are inconsistent and ommisive before her interrogation.

41. Crini speaks about Knox’s declarations. Interested in the timings. Says too much was repeated to be coerced.

40. Crini speaks about chapter 9, the statements of Sollecito. His call to her sister. His alert was late but even so preceded the postals arrive

39. Bathmat print and luminol prints were chapter 7. of Crini’s argument; 8. is the staging of theft.

38. The most significant stain may be the one in Romanelli’s room, says Crini.

37. Speaking of a female’s print left in luminol, Crini sounds outraged, saying other substances is vague unsubstantiated conjecture [eg it was blood not bleach]

36. Guede’s sentencing was not well calibrated says Crini. But a Guede alone scenario is not tenable

35. Does it make sense for Guede to leave there the evidence of (putative) theft, and clean footprints?

34. The unitary sense made by elements like the bloody print, is a cleanup. Considers the lone-perp scenario: inconsistent

33. Crini: starts talking about the isolated bloody print; calls it a ‘talking element’. Why is that print alone?

32. Suspects are only ones with a ‘logistic’ capability and an interest to ‘clean’ the murder scene. They aimed at ‘diminishing’ the evidence mass

31. Knox’s lamp was the only light in her room.

30. Crini: the perp(s) organized a rather complex plan to clean up and ‘sidetrack’ at the murder scene.

29. Still to be determined if calunnia was “occasional” due to pressure, or “aggravated” [sidetracking]; Crini saya a ‘depistaggio reale’ (sidetracking) occurred

28. Crini: suspects’ statements are extremely interesting: RS’s statements; AK’s e-mail, internet statements, [Knox’s] memoriale

27. Crini: a most fertile chapter of analysis is the ‘post-factum’ actions and behaviors of defendants

26. Crini has unfolded five chapters. Says he has a total of sixteen

25. Quintavalle, details of his testimony and woman’s description are exceptional indicators of accuracy.

34. Crini: it is unlikely that Quintavalle got it wrong. Because of contextual elements.

23. It is incorrect to dismiss a witness a priori because late. But for reasons totally different. Sometimes late is symptom of reliability.

22. Wants to deal with the issue of the fact that he came forward late, urged by an acquaintance

21. Crini: fifth argument is Quintavalle. He says he is sure about his testimony. Is a different kind of witness

20. Crini accepts both alternatives on time of death, after 23.15 or before 22.30 (but seems to prefer the earlier one)

19. Crini: Do not overestimate importance of timings that are not anchored accurately or cannot be proven

18. Crini: timeline is marginal to the case. All unproven timings to be taken cautiously.

17. Crini starts fourth theme: timings. Says they are very vague, except the tow truck

16. Crini: Curatolo is no ‘super-witness’, but can contribute to helping the court to draw their scenario

15. Curatolo saw a couple discussing and this memory is very specific, peculiar

14. Curatolo did not confuse night with Halloween, because it was big party in piazza the previous night, and because it did not rain

13. Crini: the court saw Aviello, shows what top [level] of unreliability is; the SC suspected so unreliable that calunnia elements had to be assessed

12. Crini: many trials could not exist if drug addicted testimonies were dismissed

11. Crini: the H-Z court assessed Curatolo a priori based on him as a person, stemming from questions of the court itself

10. Crini about Curatolo, describes Piazza Grimana; he was an habitual presence of the piazza, proven reliable in other cases

9. Crini: computer records and alibi point to Sollecito being not at home but on murder scene

8. Crini cites the log files of Fastweb: no internet activity, only automatic connections.

7. Crini: failure of computer alibi is evidence against, not just lack of confirmation.

6. Nencini notes prosecution did not ask to interrogate Sollecito. Crini cites D’Ambrosio’s computer expert report. No interaction before 5am

5. Sollecito gave computer alibi days later, and words his statement in the singular form.

4. Crini: first theme he deals with is presence of crime scene; alibi, if it’s false it is evidence no matter why false (cite from Guede trial)

3. Crini attacks the method of logic reasoning of annulled appeal: parceling out evidence, parrots aspects of civil procedure

2. Crini: Supreme Court censure was against the foundations of appeal , all parts not just some errors; appeal was ‘razed to ground’.

1. Crini: this appeal is unusual, not because of the case but for the course followed. Usually appeals are narrow, this SC annulment is not.

Tweets by Andrea Vogt

3. At Crini’s side in amandaknox appeal today is veteran Florentine prosecutor Tindari Baglione. Before this, he was in Cassazione.

2. Prosecutor Crini in Florence: don’t repeat error of Perugia appeal. Consider evidence wholly, including Curatolo.

1. Will prosecutors ask life sentences in amandaknox appeal today? Will Sollecito’s presence in court benefit him? Verdict January 10.

First post

This is the prosecution’s day. Sollecito is reported as being in court but low-key.

Various reporting notes the significant presence of Dr Tindari Baglione, formerly with the Supreme Court, about whom we posted on in September as follows:

The new Prosecutor General of Tuscany (Florence’s region) Dr Tindari Baglione, the chief prosecutor of Tuscany’s appeal court, is selecting the prosecutors for the appeal. He arrived in Florence in May of this year. He is said to be formidably unbending. He recently imposed tough sentences on 27 people for the environmental damage caused by illegal work in Mugello on the high speed rail link between Florence and Bologna.


Tuesday, October 22, 2013

The Meredith Case Wiki: A Highly Objective Summation Of The Case From Original Docs And Transcripts

Posted by James Raper





Some of our readers may not have noticed the new link to The Meredith Case Wiki to be found in the left hand column of this front page. I had not noticed it myself until recently.

This is an important link to a new website that is now a vital additional resource for those interested in understanding this case.

The website - The Murder of Meredith Kercher - is run by Edward McCall, with the assistance of other contributors, and TJMK is pleased to acknowledge and promote its distinctive and concise approach to presenting the facts of the case.

The site is modelled on the format of a page from the Wikipedia free encyclopedia.  As with a Wiki page it is easily navigable. The data presented under the various headings is the consequence of much research but it still remains a work in progress. Wherever possible the material used is referenced in footnotes.

It starts on the Main page with a Mission Statement and an Introduction to the case. It then considers the evidence and has a good section entitled Myths Debunked.

The reader can easily access significant court documents: the Massei Report, the Hellmann Report, the Galati Appeal and the Supreme Court of Cassation Motivations Report. There is an accessibly summary of the Matteini and Micheli Reports.

In particular, for the researcher, there is a most welcome section entitled Court Transcripts. Here can be found transcripts of witness testimony from the Massei and Hellmann trials, experts reports, and the various writings and testimony of Amanda Knox, Raffaele Sollecito and Rudy Guede. At least that is to be the hope ultimately as there exist a good number of gaps at present.

Already some of the witness statements have been translated from Italian to English but there are a number of transcripts still to be translated. If there are any translators who would wish to help, please contact us and we shall be pleased to put your name forward.

McCall wishes to acknowledge the massive contribution made by True Justice for Meredith Kercher. TJMK has perforce grown organically and exponentially over the years and has accumulated a breadth and wealth of data, in-depth analysis and informed comment on the case which is unsurpassed on the internet, or indeed anywhere.

It will continue to do so and report developments until the conclusion of all aspects of the case.


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