Collection: RS v AK v RG
Tuesday, November 03, 2015
TJMK/Wiki Translation Of The Marasca/Bruno Report #7 Of 7: Attempt At Why Court Blinked At Guilt
Posted by The TJMK Main Posters
Overview Of The Post and the Series
This represents pages 41 to 46 of the original, which is 53 pages in total. Machiavelli posted the final few quite damning pages several weeks ago.
The four part series by the lawyer James Raper that follows next concentrates on the analysis and conclusions in the second half. We have already carried a four part analysis by Catnip.
We also posted these charges against defense lawyer Maori which also explain at length how the Fifth Chambers (which handles no murder cases normally) among numerous errors of its own broke two laws.
Apart from questions as to why it wandered from its narrow mandate, that court should not have one-upped the First Chambers findings in 2013 or the Nencini findings in 2015 without referring the case back down to him.
Those charges are now lodged with the Florence court, and the archaic “political-track” route to their questionable seats on the Supreme Court of Judge Marasca and Judge Bruno as opposed to career-track has already been sealed off by the Council of Magistrates.
Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.
Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final.
Attempt to Explain Why The Court Blinked At Guilt
8. Now, in fluid succession, the points of clear logical disparity in the appealed motivation should be positioned.
8.1 A process element of incontrovertible value – as will be explained further – is represented by the asserted absence, in the room of the homicide or on the victim’s body, of biological traces attributable with certainty to the two defendant, when, in contrast, there copious traces have been detected firmly referable to Guede.
This was an insurmountable roadblock on the road taken by the trial judge to arrive at an affirmation of guilt of the current appellants, who were already absolved of the homicide by the Hellmann Appeal Court.
To overcome the inconvenience of such negative element - unequivocally favorable to the current appellants – it has been sustained, in vain, that, after the theft simulation the perpetrators of the crime carried out a “selective” cleaning of the environment, in order to remove only the traces referable to them, while still leaving those attributable to others.
The assumption is manifestly illogical. To appreciate, in full, the amount of disparity it is not necessary to carry out an expert investigation ad hoc, even if requested by the defense. Such a cleanup would be impossible according to common-sense rules of ordinary experience, an activity of targeted cleaning capable of avoiding luminol examinations which are in commonplace use by investigators (also used to highlight different traces, not just hematic ones).
After all, the same assumption of an asserted precision in the cleaning is shown to be wrong in point of fact, considering that “in the little bathroom” hematic traces on the bathmat, on the bidet, on the faucet, on the cotton buds box, and on the light switch were found. And also, in a case of guilt of the current appellants, certainly they would have had enough time for an accurate cleaning, in the sense that there wouldn’t be any reasons for hurry that would have animated any other perpetrator of the crime who would probably be worried about the possible arrival of other persons. In fact, Knox, was well aware of the absence of Romanelli and Mezzetti from the house and she knew that they would have not returned home that night, therefore there would have been all the necessary time for an accurate cleaning of the house.
With reference to the asserted hematic traces in the other environments, especially in the corridor, there’s also an obvious misrepresentation of the proof. In fact, the progress-of-works reports of the Scientific Police had excluded, consequent to the use of a particular chemical reagent, that, in the examined environments, the traces highlighted by the luminol were of hematic nature. Those -of-works certificates, despite being regularly compiled and registered in evidence, were not considered.
Also manifestly illogical, in this regard, is the argument of the trial judge who (at f.186) assumes that he could overrule the defense objection in relation to circumstances in which the luminescent bluish reaction caused by the luminol is also produced in the presence of substances different from blood (for example, detergent residues, fruit juices and others), on the assumption that that, even if theoretically exact, would have to be “contextualized” in the sense that if the fluorescence manifests itself in an environment involving a homicide, the luminol reaction can only be attributed to hematic traces.
The weakness of this, even at first sight, doesn’t require any notation, and it would furthermore require the assumptions that the house in via della Pergola was never subject to cleaning or that it was not ever lived in.
This analysis permits us therefore to exclude, categorically, that hematic traces were removed on that particular occasion.
There’s another clear logical disparity regarding the explanations given by the trial about the theft of the cellphones of Kercher, which the unknown perpetrator or perpetrators, while moving away from via della Pergola, got rid of, after the homicide, tossing them into a plot next to the road which in the dark could appear like open country (while was a private garden instead).
Far from plausible further more is the judge’s justification that the cellphones would have been taken to avoid their eventual ringing leading to discovery of the corpse of the young English woman before the hypothetic time, without considering that such an outcome could have more easily been achieved by shutting the telephones off or removing the batteries.
It is also clearly illogical – and also little respectful of the trial’s body of facts – to reconstruct the motivation of the homicide on the basis of supposed disagreements between Kercher and Knox, enhanced by the irritation of the young English woman toward her housemate for having allowed Guede in the house, who had thereupon made an irregular use of the bathroom (f. 312). The explanation offered by the Ivorian in one of his declarations during the proceeding against him (and usable, according to what stated before, only in the parts which don’t involve responsibilities of third parties) is, instead, a different one. The young man in fact was in the bathroom, when he heard Kercher arguing with another person, who he perceived had a female voice, so that the motivation for the arguing could have not be constituted by his use of the bathroom.
Also illogical and contradictory is the judge’s statement that, attempting to provide a cause for that disagreement (which was moreover denied in other declarations) doesn’t hesitate to retrieve the hypothesis of the money and credit card theft which Kercher was said to have attributed to Knox, despite the fact that, in a definitive finding, Knox, and Sollecito too, would be absolved because “there is no hard fact” on the crime of thievery in relation to the aforementioned goods (f.316).
It is also arbitrary in the absence of any accepted confirmation to transfer to the house at via della Pergola the situations that Knox, in one of her declarations, had described and contextualized in a different timeframe and circumstance, which was in via Garibaldi n. 130, in Sollecito’s house: viewing of a movie, light consuming of drugs, sexual intercourse, and nocturnal rest lasting until the late morning of the 2nd of November, in a period before, during and after the homicide. This was introduced as a dynamic of the murder, the possible destabilizing effect of drugs.
This also was done in the absence of any verification, and also because – among the multiple omissions or disputable investigative strategies – the police teams, even after collecting a cigarette butt from the ashtray in the living room containing biological traces of a mixed genetic profile (Knox and Sollecito), didn’t carry out any analysis on the nature of the cigarette’s substance because that investigation would have resulted in an impossibility to verify the genetic profile, making the sample “unusable”. And all of this with the brilliant [sic] result of submitting to the trial an absolutely irrelevant data, considered that it is certain that Sollecito frequented the house in via della Pergola, because he was sentimentally bound to the American girl; while in contrast the verification of the nature of the cigarette sample might have offered investigative leads of particular interest.
What is underlined above is emblematic of the whole body of the appealed findings related to the reconstruction of the relevant event, reported in par.10 with the title: conclusive evaluations.
It is undeniably a faulty interpretation attempt of the judge in order to compensate for some investigative lacks and obvious proof shortfalls with acute speculative activity and suggestive logical argumentations, being merely assertive and dogmatic.
Now it is unquestionable that the factual reconstruction is an exclusive task of the trial judge and it is not the responsibility of the Court of Cassation to establish if the proposed assessment is actually the best possible reconstruction of the facts, nor to approve his justifications, requiring this court only to address verification if such justification is compatible - according to the basic jurisprudence formula – “with common sense and with the limits of a plausible appreciation of opinion” (among others, Section 5, n. 1004 of 30 November 1999, dep. 2000, Moro G, Rv. 215745), and also according to the probative requirements in the light of the text of article 606 lett. e) of the code of criminal procedure; it is also true that the chosen reconstructive version, even if in compliance with the standards of ordinary logic, has to adhere to the reality of the body of facts and be presented as the result of a process of critical evaluation of the points of proof acquired. Therefore the use of logic and intuition cannot compensate for shortfalls in proofs or investigative inefficiency. In the face of a missing, insufficient or contradictory proof, the judge must limit himself to accepting that and deliver an acquittal sentence, according to article 530, chapter 2, of the code of criminal procedure, even if driven by an authentic moral conviction of the guilt of the accused.
Also, there is no shortage of errors in the motivation text of the examined sentence. Accordingly the assumption is totally erroneous in f. 321, according to which in the almost imperceptible grooves of the knife which was considered the weapon of the crime (item 36) DNA samples were attributable to Sollecito and also Kercher. The assumption is, in fact, in conflict with the lengthy exposition in the part concerning the aforementioned item (ff. 208 ss), where the outcomes of the genetic investigations which had attributed trace A to Amanda Knox, trace B to Kercher, a finally, trace I – the examination of which was unjustifiably passed over in the Conte-Vecchiotti survey – attributed after a new test to Knox. As will be stated further, given the attribution of the traces A and I to the current appellant, the reference of the trace B to Kercher cannot have – for the reasons stated above – any possibility of certainty being a low copy number sample meaning a scarce-quantity sample which could allow only one amplification (f.124). It doesn’t appear anywhere that the knife carried biological traces related to the genetic profile of Sollecito.
9. The noted errors in judgment and the logical inconsistencies conflict fundamentally with the appealed sentence which therefore deserves to be annulled.
The aforementioned invalidating reasons mount up in the absence of a possible framework of proof that could really be accepted as able to support a verdict of guilt beyond reasonable doubt as required by article 533 of the code of criminal procedure, in the recent text of article 5 of law n. 46 of 2006.
Regarding the discussion of the range of meaning of that rule and its possible reflection on the evaluation of the evidence, this Court of Cassation has more than once had occasion to restate that “the normative prevision of the judgmental rule of beyond reasonable doubt which is based on the constitutional principle of presumed innocence, has not led to a different and more restrictive criteria of evaluation of the proof, but has coded the jurisprudential principle according to which the declaration of the sentence has to be based on certainty with regard to the accused ( Section 2, n. 7035 of 09 November 2012, dep. 2013, De Bartolomei, Rv. 254025; Section 2, n. 16357 of 2 April 2008, Crisiglione¸ Rv. 239795).
It is not in essence an innovative or “revolutionary” principle, but the mere formal recognition of a judgment rule already existing in the judiciary experience of our Country and therefore already in firm force regarding the conditions for a sentence, given the preexistent rule of article 530, second chapter, of the code of criminal procedure, according to which, in case of insufficiency or contradiction of the evidence, the accused has to be acquitted. (Section 1, n. 30402 of 28/062006, Volpon, Rv.234374).
On the basis of such premises the principle was enhanced according to which “the judgmental rule contained in the formula for beyond any reasonable doubt requires the pronouncing of a guilty sentence only when the acquired proofs excludes all but the remotest eventualities, even if supposable in theory and considered possible in the nature of things, but it is obvious that in this concrete case, the investigation results lacked any verification during the trial, unless outside the natural order of things and normal human rationality” (Section 2, n. 2548 of 19/12/2014, dep. 2015, Segura, Rv. 262280); together with the enunciation that alternative reconstructions of the crime have to be based on reliable probative elements, because the doubt which inspires them cannot be founded on merely conjectural hypothesis, even if plausible, but has to be characterized by rationality (cfr Section 4, n. 22257 of the 25/03/2014, Guernelli, Rv. 259204; Section 1, n. 17921 of the 03/03/2010, Giampà, Rv. 247449; Section 1, n. 23813 of 08/05/2009, Manikam, Rv. 243801).
9.1 The intrinsically contradictory quality of the body of proof, the objective uncertainty of which is emphasized by the highlighted irregular progression of the proceeding, doesn’t allow us to consider it as having passed the standard of no reasonable doubt, the consecration of which is a milestone in juridical civilization which has to be protected for always as an expression of fundamental constitutional values clustered around the central role of the person in the legal system, whose protection is effected at trial by the principle of presumption of innocence until there is definitive verification, according to article 27, chapter 2, of the Constitution.
9.2. The terms of objective contradictions in the proof here can be illustrated for each appellant, in a synoptic examination of the elements favorable to the hypothesis of guilt and the elements to the contrary in the text of the appeal and the defense declarations.
9.3. It is useful to the side by side examination of these profiles to consider that, given the committing of the homicide in via della Pergola, the supposed presence in the house of the current appellants cannot, in itself be considered as a demonstrative element of guilt. In the evaluative approach to the problematic compendium of proof offered by the appellate judge, we cannot ignore the juridical categories of “non-punishable connivance” and “participation of persons in the crime committed by others” and the distinction between them as accepted by indisputables decision of the Court of Cassation.
In this regard, it is well understood that the distinction resides “in the fact that the first postulates that the agent maintain a merely passive behavior, of no contribution to the effecting of the crime, while the second requires a positive participatory contribution - moral or material – to the other’s criminal conduct in ways that aid or strengthen the criminal purpose of the appellant” (Section 4, n. 1055 of 12/12/2013, dep. 2014, Benocci, Rv. 258186; Section 6, n. 44633 of 31/102013, Dioum, Rv. 257810; Section 5, n. 2895 of 22/03/2013, dep. 2014, Grosu, Rv. 258953). Equally certain is the effect of this specific distinction in the subjectivity consideration, since in the actual participation by persons in the crime the subjective element can be identified in the conscious representations and will of the participant in cooperating with other subjects in the common realization of the criminal conduct (Section 1, n 40248 of 26/09/2012, Mazzotta, Rv. 254735).
9.4 Now, a fact of assured relevance in favor of the current appellants, in the sense of excluding their material participation to the homicide, even assuming the hypothesis of their presence in the house of via della Pergola, lies in the absolute absence of biological traces referable to them (apart from the hook of which we will discuss later) in the room of the homicide or on the victim’s body, where in contrast multiple traces attributable to Guede were found.
It is incontrovertibly impossible that that in the crime scene (constituted by a room of little dimensions: ml 2,91x3,36, as indicated by the blueprint reproduced at f. 76) no traces would be retrieved referable to the current appellants had they participated in the murder of Kercher.
No trace assignable to them has been, in particular, observed on the sweatshirt worn by the victim at the moment of the aggression and nor on the underlying shirt, as it should have been in case of participation in the homicide (instead, on the sleeve of the aforementioned sweater traces of Guede were retrieved: ff. 179-180).
The aforementioned negative circumstance works as a counterbalance to the data, already highlighted, on the absolute impracticality of the hypothesis of a posthumous selective cleaning capable of removing specific biological traces while leaving others.
Archived in Those who were charged, Amanda Knox, Rudy Guede, RS v AK v RG, Those officially involved, Supreme Court, Appeals 2009-2015, Report translation
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Monday, February 16, 2015
See The Amazing Shrinking Raffaele Sollecito Live On National Italian TV
Posted by Peter Quennell
In this post of 7 February we quoted Italian sources on how Sollecito had yet again sold out Knox.
Now ericparoissien of PMF dot Org has added English subtitles for the full one hour. They show Sollecito progressively making things worse and worse for himself as well.
Clander has embedded six videos here (sign in) and (vital to read) a number of gotcha comments down below.
Months ago Knox was incriminating herself live on national TV as well. She has not appeared since. Maybe this is the last time we see Sollecito live as well.
Archived in Those who were charged, Raff Sollecito, RS v AK v RG, Hoaxes by Sollecito, Sollec persona hoax, Sollec not-there hoax, Sollecito no-PR hoax, Hoaxers - main people, Sollecito team
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Sunday, February 15, 2015
Sollecito v Italy & Guede: My Subtitled YouTubes Of Rudy Guede’s Interview with Leosini
Posted by Eric Paroissien
Archived in Those who were charged, Rudy Guede, RS v AK v RG, Evidence & witnesses, The locations, The timelines, Real crimescene, Staged breakin, DNA and luminol, Hoaxes against Italy, Evil Mignini hoax, Evil police hoax, No-evidence hoax, No sex assault hoax, The break-in hoax, The Alessi hoax, Hoaxes by Knox, Knox persona hoax, Knox alibis hoax, Knox book hoaxes, Hoaxes by Sollecito, Sollec persona hoax, Sollecito's alibis, Sollecito book hoaxes
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Saturday, February 07, 2015
Sollecito On Italian TV: Seems RS And AK Selling Out One Another Is Gravitating To A Whole New Plane
Posted by Peter Quennell
Nearly 30 instances of Knox and Sollecito selling out one another since 2007 were described here.
In addition to those, their two books also took some subtle whacks, and also there have been some other media instances since. Sollecito took several more whacks at Knox on the national crime show Porta a Porta last night.
That and his bland evasive, nervous manner seems to have done himself harm too. Italy has watched this tired show too often now, and it was Porta a Porta back in 2012 which first surfaced false accusations of crimes in his book for which he is now on trial in a Florence court.
Amazingly, Sollecito admits to stalking and harassing Meredith’s family, which under Italian law (and UK law and US law) for the protection of victims and their families is itself a felony crime. There should be no attempts at communication with them at all. Knox too has been harassing and stalking the family, and dangerously encouraging the more unstable of her followers to follow suit.
Our main poster Jools kindly translated this from the newspaper for Sollecito’s home town. Note the passages in bold.
Sollecito guest of “Porta a Porta” told his side of the story about the murder of Meredith Kercher
“Yes, I have thought I could be going to prison, for me this is astonishing. I done nothing, I have nothing to do with it and there is nothing that places me on the crime scene in a factual manner.” Words pronounced by Raffaele Sollecito during the Rai 1 program “Porta a Porta”, hosted by Bruno Vespa. The computer engineer from Giovinazzo is accused of the murder of British student Meredith Kercher, which occurred in Perugia the night between 1 and 2 November 2007.
In seven years there have been four trials. Convicted in first instance trial with Amanda Knox, Sollecito was acquitted on appeal court. But that appeal court decision has been annulled at the Court of Cassation, leading to a new conviction sentence of 25-years. In March, exactly on the 25th, Raffaele Sollecito will face the final instance of the process. In prison for the time being there is only the Ivory Coast national Rudy Guede, who is serving a definitive 16-year sentence. “My life did not changed on the night of the 1st and 2nd November – said Sollecito pressed by Bruno Vespa - but when the investigators took me to jail. Knowing, meeting, making the acquaintance of Amanda fatally brought me into this hell.”
Raffaele’s life is suspended pending the final verdict, while Amanda Knox lives in the United States where she works writing theater reviews for a local newspaper in Seattle and is considered a victim of the Italian judicial system. “I can not answer for Amanda,” Sollecito reminded Vespa and then retraced the events of that night: “From around the hours of 20:30/21:00 I was home - said the accused - and I did not go out to Via della Pergola with Amanda when she went back. I stayed behind sleeping. At that time of my life I was smoking a joint every now and then, especially if I was in company - he admitted - and that night I smoked a very small amount present in my drawer. In fact, the investigators did not find anything because it was a little amount totally smoked.”
This would justify the sketchy memories in relation to those hours. Raffaele Sollecito does not remember when Amanda came back to the apartment but he is certain, “Amanda did not sleep at my place” [Ed note: mistake here, he said Knox did sleep at his place.] About the strange way the American woman behaved in the hours immediately after the murder, Sollecito reiterated that, “Amanda explained during the court hearings of being frightened during the interrogation.”
Just like the American student at the time, Sollecito wanted to stress of having suffered “relentless pressure from the investigators. They told me I would never be released from prison. They kept me 15 hours under interrogation. I fell into contradiction for not understanding what day they referred. They took off my shoes, leaving me barefoot, thinking that those shoes were the ones I was wearing during the murder. Then they admitted my consultant was right after eight months – he stressed - about the shoeprint found in Meredith’s room, while we had already provided that proof after 2 months. It was my consultant to find the inconsistencies of the prosecution.”
The morning the body of the poor British girl was found, Sollecito recounts, “Amanda told me that she saw the shattered window [panes] and the door to her house wide open and that she thought her roommates had gone to take out the garbage. There were a few drops of blood when I arrived. Meredith’s door was key locked and I told Amanda to call her roommates and Meredith.” In any case, following a question by Vespa he specified, “I don’t think Amanda killed her. It doesn’t seem possible. I would have noticed something. This argument seems to me unlikely. But she must respond herself to these allegations, not me.”
Things did not go well and then came the judicial ordeal that still continues and that rather involves him personally. Raffaele is certainly different, now an IT graduate who struggles to find work, but who still wants to shout to the world his innocence after 7 years. He watched the images of his fellow citizens and friends defending him during a broadcast report and recounts of having tried to contact the victim’s family, “I have tried several times to talk to Meredith’s parents - he said -. If the facts are looked at in an impersonal way one understands that a lot of mistakes were made. I sent a letter to Dr. Maresca their legal representative, with not getting any replies. Even my family has tried to contact them, without them ever coming to approach.”
The question mark with which Sollecito will be arriving on March 25, the date of the trial before the Supreme Court, remains the same for a long time: “What motive did I have to hurt Meredith? This is about having justice on what is the truth.” One truth and a justice that now are in the hands of the Roman judges.
In fact as most Italians know Sollecito was interrogated quite briefly that night and the only pressure was from his own phone records, showing he had lied. Knox was not formally interrogated at all. Her ONLY pressure came directly from him.
Our main poster Yummi suggests that what was going on here could be this:
The purpose of his show seems to me to be to point out the “difference of positions” between Sollecito and Knox. I think it is obvious that this is the main “message” of the Porta a Porta show; and I talk not just about the content of his interview, but also the whole setting, the framework including the journalist’s report on the show about the Florence trials in which the “main points” of his defence were described..
Sollecito does not make explicit statements to put more distance between him and Amanda, not more than he already had. But the theme of “difference of positions” is highlighted, and he even draws attention to some known inconsistencies such as the open/closed Filomena’s door.
Indeed he himself makes a declaration contradicting his own statements to the police and to Judge Matteini, and in his own diaries (in the show he says “socchiusa”, but he wrote “spalancata” in his prison diary and this is what he stated to the investigators too); but what he tries to do in the show is to point out himself the inconsistency as something that is responsibility of Amanda, one of the things “she should explain”.
The report - to which his attorneys may well have contributed - points out that the “main defence points” at the Florence trial were:
1) that “Raffaele is not Amanda” (he happens to be implicated because of evidence against Amanda), and
2) that Amanda herself does not place Raffaele Sollecito on the scene of crime in her statements; it is remarkable that Sollecito highlights the content of Knox’s statements from Nov. 5-7 rather than her subsequent claims; and the same defence arguments even imply that Knox does not place herself in the company of Sollecito at all..
Another point that I found remarkable, was when Sollecito points out how it was “a judges’ finding” that he was a “collateral effect” [sic]; I mean it is glaring that he quotes the courts as a source that adds credibility to his theory.
So by the end I thought the setting of this show included “help” given to the journalist Vanni by Sollecito’s attorneys, and I think the purpose is obvious, if we want to see it as a kind of message-in-a-bottle to the Supreme Court on approaching the March 25th hearing.
It is basically a point of law, that is that the evidence against Amanda Knox should not be transferred onto him. This is the aspect he really wants the Supreme Court to review. Amanda Knox has “things to explain” and he should not be demanded to answer for them.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, RS v AK v RG, Hoaxes by Knox, Knox persona hoax, Knox alibis hoax, Knox no-PR hoax, Hoaxes by Sollecito, Sollec persona hoax, Sollec not-there hoax, Sollecito no-PR hoax
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Friday, July 18, 2014
Seeds Of Betrayal: Multiple Examples Of How RS And AK Have Tried To Apply More Blame To The Other
Posted by The TJMK Main Posters
This report of 18 July 2014 will be updated soon. There were myriad instances in their two books and several new instances in the media since, the latest being Sollecito on Porta a Porta on 6 February 2015. Knox’s silence and the spiraling nastiness of her gang suggest stark reality is setting in. Stalking of the Kerchers is reaching a dangerous pitch. Whatever happened to “nice girl Knox”?
How Sollecito and Knox So Threaten One Another
The other day, a claim was posted that claimed sources had said Knox would soon accuse Sollecito.
This inspired quite an outcry, and the claim’s heavy-handed suppression. Can you believe: by legal means? That claim really rattled a few cages.
Why was the claim so dangerous? Because for nearly seven years Sollecito and Knox have repeatedly cycled between occasional chummy hugs and numerous aggrieved potshots. And for the most part the more-aggrieved Sollecito has come out ahead.
Archived in Must read first posts, Crime hypotheses, The psychology, Those who were charged, Amanda Knox, Raff Sollecito, RS v AK v RG, Evidence & witnesses, Hoaxes by Knox, Knox persona hoax, Knox alibis hoax, Knox book hoaxes, Hoaxes by Sollecito, Sollecito's alibis, Sollecito book hoaxes, Hoaxers - main people, Knox-Mellas team, Sollecito team
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Saturday, June 28, 2014
Sollecito Suddenly Remembers He Wasnt There But Cannot Speak For Knox Who (As She Said) Went Out
Posted by Peter Quennell
1. The State Of Play
Sollecito is becoming intent again on digging himself out (really). But he na dhis own team have created definite problems.
Consider for example the last two public performances by Raffaele Sollecito’s defense, both in Florence. They consisted of:
- 1. Giulia Bongiorno in her summation back in January, in Florence, at the tail-end of RS’s and AK’s appeal, ranting on foolishly about Perugia and Rome justice officials, in an apparent attempt to outdo even the nastiness of Amanda Knox’s earlier email to Judge Nencini which also ranted on foolishly about those officials.
2. Giulia Bongiorno fooishly taking strong offense to Judge Nencini wondering why Sollecito remained so bound to Knox and so little forthcoming, and then Bongiorno foolishly having her political allies advance a complaint to the Supreme Council of Magistrates, dropped after a brief investigation.
Yes that is the same Judge Nencini who already reacted firmly to abrasive pressure from the Knox camp. And the same Judge Nencini to whom Cassation MUST refer tha case back down if there is to be any hope of adjustment of the outcome of the appeal.
Bongiorno’s were not exactly the smartest of moves.
3. Today’s New Development
An apparent u-turn, or at least a blink and slight deviation, in the suicidal game of chicken the Knox and Sollecito camps have long thought to be so smart.
Bongiorno or others very close to Sollecito, probably including his father and an aunt, seem to be again shooting for an additional degree of separation.
This familiar loosening of bonds with Amanda Knox was apparently explicit in his appeal to Cassation and today it is made slightly more explicit by Sollecito in a magazine interview.
And next Tuesday the Sollecito team will stage a press conference.
2. Fraught With Problems
The Sollecitos would be wise to bump up their plea to Cassation about 100-fold. Substantial evidence that Sollecito was at the house still looms like an 80,000 pound gorilla - see a listing of it in one of our next posts.
And one key thing about the Italian system: it has immense capacity to hit back very hard in response to out-of-court pressure and attempts to poison public opinion.
As we have explained previously, these strong powers originate in the endless fight against the mafias, which have long used defamation of justice officials as a way of seeking some relief for their guys.
The reason why Knox is sentenced to 28 and a half years on top of her three years served for calunnia doesnt yet seem to have sunk into the slow minds of Knox or her family or her vigilantes..
But Sollecito is increasingly alive to the ability of Italian justice to hit back very hard when the justice system and its officials are impugned.
Yesterday Sollecito and his lawyer Alfredo Brizioli were being interviewed for the multiple false charges of crimes in Honor Bound The book is pretty horrific and new charges seem certain.
The foolish shadow-writer Andrew Gumbel has surfaced, and appointed a lawyer, and is expected to join him.
Our guess? Sollecito will need to tell all, and make a major plea for forgiveness from the Kerchers, if any adults with real powers are to give him any break.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, RS v AK v RG, Those officially involved, Evidence & witnesses, Knox-Mellas team, Sollecito team, Knox alibis hoax, Sollecito's alibis
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Monday, March 03, 2014
As Knox & Sollecito Try To Separate Themselves, Each Is Digging The Other In Deeper
Posted by willsavive
In a recent exclusive interview on an Italian TV news broadcast, Sollecito said he has several “unanswered questions” for his former girlfriend, Amanda Knox. This adds yet another waiver to the many different explanations Sollecito provided over the years about the same details.
In the official story, in the part that remained consistent, Knox and Sollecito both claimed that Knox left his flat the morning after Kercher’s murder and returned home, where she noticed the door left wide open and witnessed blood spots in the bathroom. Knox claimed that she found it odd and just assumed that one of her roommates was menstruating and left blood behind. She proceeded to take a shower and returned to Sollecito’s flat and ate breakfast.
“Certainly I asked her questions,” Sollecito explained in his latest interview. “Why did she take a shower? Why did she spend so much time there?” When asked what responses he had for these question Sollecito replied, “I don’t have answers.” In the interview, Sollecito said Knox left his apartment to take a shower, then returned hours later looking “very agitated.”
Yet, in an interview with Kate Mansey just two days after the murder, Sollecito said, “But when she went into the bathroom she saw spots of blood all over the bath and sink. That’s when she started getting really afraid and ran back to my place because she didn’t want to go into the house alone.” This is a far cry from what Knox said in her email to friends and family, Knox wrote:
I returned to raffael’s place. after we had used the mop to clean up the kitchen i told raffael about what i had seen in the house over breakfast. the strange blood in the bathroom, the door wide open, the shit left in the toilet. he suggested i call one of my roommates, so I called filomena.” (6th paragraph).
The discrepancies between Knox’s version and Sollecito’s version is strikingly different. Raffele claims Knox was visibly distraught when she returned and that this was the focus of discussion (i.e. being the first thing they discussed). Knox, on the other hand, claims that she did not even bring up the bizarre circumstances back at her apartment until “after” they finished mopping the kitchen floor.
In his latest statement, Sollecito is clearly trying to distance himself from Knox, believing that there is far more evidence against her than against him.
“You all know that the focus was only through Amanda to her behavior, to her peculiar behaviour, but whatever it is, I’m not guilty for it. “Why do they convict me? Why do put me on the corner and say that I’m guilty just because in their minds I have to be guilty because I was her boyfriend. It doesn’t make any sense to me.”
Sollecito forgets to mention the bloody barefoot prints at Knox’s apartment, found to be in Kercher’s blood attributed to him, the knife found in his apartment that scientists say was the murder weapon, his DNA found on Meredith Kercher’s bra that was found in her room, even though Sollecito claims that he was never ever in that room, and his own strange behavior, which includes providing a false alibi (saying he and Knox were at a party with a friend on the night of the murder) and several conflicting versions.
But what’s there to question if you [Raffaele] were with Knox the whole day and night of Meredith Kercher’s murder?
It appears as though Sollecito is alluding to the notion that he knows something far more than he is saying; yet, he is being very careful with his words—only providing us with a hint of this. His latest statement is a clear attempt to distance himself from Knox.
Sollecito appeared on Twitter recently, for what he claimed was to answer questions and clear his name. He was very outspoken of his innocence and had no problem in his witty, sarcastic responses to those who questioned his innocence.
However, when I asked him about the Mansey interview he denied claiming that he was with Knox at a friend’s party on the night of the murder.
Sollecito disappeared for a couple of days, came back writing only in Italian, and ceased responding to any more questions.
Is it possible that Sollecito will turn on Knox altogether at some point when the pressure mounts over the next year? Guess we’ll have to wait and see…
Cross-posted from Savive’s Corner
Archived in Those who were charged, RS v AK v RG
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Tuesday, November 05, 2013
RS And AK Seemingly Competing To “Appropriate” Meredith: Ghoulish, Sadistic And Very Cruel? Or…?
Posted by The TJMK Main Posters
Meredith’s father responded very firmly that this was quite out of the question. The family will never approve. Perhaps predictably, Raffaele Sollecito then announced triumphally that he had already been.
We can be sure that this exchange will do them no good at all in the Florence court, where the prospects of Judge Massei’s special considerations (which lopped five years off their sentences) being re-allowed by the Nencini court now seem pretty dim.
Other than as a ghoulish competition, can this be seen any other way? Last Saturday, Skeptical Bystander, no great lover of the perps, aired the suggestion that we might be seeing a new psychological phase coming into play
My thinking has evolved somewhat about the report that RS visited Meredith’s grave, as well as about AK’s non-stop chatter about doing so with the Kerchers and her grotesque appropriation of Meredith.
I just caught part of a documentary treatment of the Menendez case, wherein two brothers, Lyle and Eric, killed their parents. Both were sentenced to life in prison. In a probation report, Lyle is quoted as saying he has found peace by visiting his parents’ grave, asking for forgiveness, and understanding that they have forgiven him.
It is entirely possible that both AK and RS want forgiveness from Meredith and from her family. What they don’t seem to realize is that they can’t take shortcuts or be given a free pass. Lyle Menendez got sentenced for his crime and began the process of self-examination that leads to accountability.
We asked two of our posting psychologists if we could indeed be seeing something like this. With their agreement, this is their email exchange, in which they both concede that Skeptical Bystander may have had a point:
It is entirely probable they want, indeed crave, ‘forgiveness’. The problem is that dysfunctional or disturbed personalities may be able to be aware of their guilt, but not of their shame.
The guilt would want the forgiveness, but the process that leads to the resolution that is forgiveness will not occur - indeed I believe cannot occur- until the shame is ‘owned’.
Just judging from Raffaele’s and Amanda’s faces alone, I would estimate that Raff is slightly nearer than Amanda in approaching his own shame. Unfortunately I see zero in Amanda, and therein lies the huge problem.
If someone lacks sincerity, someone else or circumstances cannot make them more sincere - what I call authentic. It has to come from self-realization.
That’s my ‘take’!
At a certain point, this is all just speculation about someone I’ve never met, so it’s hard to say one way or another.
My best guess would be that in this case neither Knox nor Sollecito has shown any public signs of really being able to admit to themselves that they’ve done anything to be sorry for.
For what it’s worth, my overall impression, based on what’s been made public, is that Knox would likely not ever have killed anyone if she hadn’t been high and in an especially reckless period of her life and influenced by meeting Sollecito.
She might have gone on being somewhat impulsive and aggressive without ever actually harming anyone, and with luck she might have outgrown it in a few years. I think the kind of cruelty we’ve seen in this case is driven by unconscious feelings and motives.
Clearly it pains her to be seen as guilty; the idea that anyone can think that about her bothers her a lot. It’s easier for me to picture her wanting a visit to Meredith Kercher’s grave to somehow clear her of all of this upsetting suspicion, than truly wanting Meredith’s forgiveness - more wanting to get rid of shame than to atone for guilt or repair harm, if that makes sense.
When I think of forgiveness, I think of a more mature kind of experience. It takes maturity and integrity to own that you’ve done something harmful, to withstand whatever feelings of shame and guilt the realization brings, and to seek to make actual reparation.
But anyone can feel haunted by having done a bad thing, and want someone to take the haunting away. I’m reminded of Bill in Oliver Twist - after he kills Nancy he feels sorry for himself and overwhelmed by the fear of retribution, but you couldn’t say he’s exactly seeking forgiveness - well, maybe a two-dimensional version of it.
Yes, quite right. It is all dreadfully disheartening, and still shockingly cruel.
I agree deeply about the unconsciousness of what is going on. One would expect immature adolescents to be acting a lot from their unconscious, and one of the troubles with the joint denial of events is that they are preventing themselves (and others) from growing or becoming more conscious, but instead ‘freezing’ themselves at that awful time 6 years ago.
You: “He feels sorry for himself and overwhelmed with the fear of retribution, but you couldn’t say he’s exactly seeking forgiveness—well, maybe a two-dimensional version of it. “
I see true forgiveness as a powerful phenomenon which occurs at a crucial stage of a healing process. I think it is something that occurs, that happens to one, is experienced, and is far greater than anyone’s ego.
I would think that someone who had hardly begun, or who had not at all commenced, upon this process would actually have no idea about what forgiveness might actually look or feel like, or be, in fact - let alone how to arrive at it.
Their consequent confusion might then manifest in ,as you say, wanting a two-dimensional version of it, that could be summed up as merely ‘not wanting to be seen as bad’. So perpetuating the ‘good image(s)’ of themselves, which is a gross evasion.
They certainly want not to be hated, as probably anyone does. But it is a huge chasm to actually doing something about that, and learning to behave in a way that people with conscience find acceptable.
I think you’re absolutely right about forgiveness - thank you for saying it so well.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, RS v AK v RG, Knox-Mellas team, Sollecito team
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Thursday, June 20, 2013
Knox & Sollecito Meet - To Attempt To Bury The Hatchet Other Than In Each Other?
Posted by Peter Quennell
Below are excerpts from the report by Christopher Bucktin of the Daily Mirror. It is not tilted toward Knox and Sollecito, but it does get some of the law wrong in their favor.
What Cassation had just done was to toss out the corrupted 2011 Hellmann appeal, which was essentially THEIR first (automatic) appeal. Cassation was in effect saying they could run their own first appeal again in the appeal courts in Florence.
They can still choose not to. There was no retrial, and in fact one of Cassation’s major complaints about Hellmann was that he illegally tried to run a retrial rather than address the narrow grounds for appeal as the law requires.
Our exclusive pictures show how they secretly reunited just hours after judges ordered them to return to court [for their own appeal in Florence].
They didn’t seem to have a care in the world as they hugged and kissed during a secret meeting in New York.
But the passionate embrace between Amanda Knox and former lover Raffaele Sollecito raised some serious questions last night.
Their tryst came just hours after they were ordered to return to Italy to face a retrial over the murder of British student Meredith Kercher.
Italy’s top judges ruled the possibility that the 21-year-old died during a sex game that went wrong needed to be re-examined.
And the move immediately cast doubt on whether the couple should be allowed to be in contact now they have been formally recalled.
The pair, along with Knox’s mother, spent Tuesday visiting New York together – sparking rumours they have rekindled their romance.
There was no sign of James Terrano, the loyal boyfriend Knox is reportedly living with in Seattle, Washington.
An onlooker said: “They just looked like a normal couple who had been with each other a long time. Together with her mum they explored Manhattan and took the subway to get around.
“You only have to look at him to see he still holds a huge torch for Amanda. He clearly finds her captivating. When they hugged she closed her eyes as he gave her a tender kiss on her cheek.
“At one point he put his arm around her to help warm her up. They never once stopped chatting.
“It’s astonishing they are allowed to even talk to each other, let alone see one another, considering they are both suspects in a murder trial.”
The pair spoke to each other in Italian and were chaperoned during the afternoon excursion by Knox’s mother Edda Mellas, who walked several yards behind everywhere they went.
When confronted by the Mirror, Knox and Sollecito were cagey about their reunion.
Knox refused to comment about the Italian court’s ruling.
She also declined to confirm or deny reports that she planned to stay in the US and would not be returning to Italy to face justice.
Sollecito, who also says he has no wish to go back, said: “We have everything to do now. We have a lot of planning.”
Knox’s mother, Edda, added: “We need to speak to our lawyers.”
The couple were reunited as Italy’s Supreme Court “faulted” the 2011 acquittal of Knox and Sollecito by the appeals court for the murder and sexual assault of room-mate Meredith….
In a recent interview, in which she boasted about being proud of one-night stands and drug use, Knox defended her actions saying: “I think that everyone’s reaction to something horrible is different.”
The interview was given as Knox cashed in on the trial by promoting her book, Waiting To Be Heard.
The deal is reported to have earned her £2.6million. Sources close to 29-year-old Sollecito claim he still loves Knox and hopes they may get back together one day.
When in November 2011 he announced they had split he said tearfully: “Our love was like a seed that was not allowed to grow because it was brutally stamped on.
“We were both victims of a cruel injustice and our relationship was overcome.”
During the trial Sollecito, from Bari in southern Italy, claimed he was offered a secret deal by prosecutors to implicate the American undergraduate but said he never considered betraying her.
He added: “She told me that she thinks that I’m a kind of hero, but I don’t think so.
“I did it because I know it’s the truth. It’s the good thing to do. It’s the only way for me.”
Archived in Those who were charged, RS v AK v RG
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Sunday, October 02, 2011
Is The Raffaele Sollecito Defense Team About To Separate Him From A Radioactive Amanda Knox?
Posted by Peter Quennell
First, the smartest and most influential of all the lawyers in MP Giulia Bongiorno. Second, a relatively attractive family which has run a low-key smiling campaign. Third, relatively little evidence (the bra clasp and footprint) placing him at the scene of the crime and unlike Knox no alibi that says he was there.
Fourth, no obvious motive for either the murder or the cleanup compared to the many possible motives for Amanda Knox. And fifth, a weak wishy-washy personality on which Bongiorno has already played, casting Knox as the lead player in the drama and Sollecito as either accidentally there or not at all.
The mood does seem to be moving against Amanda Knox now as the extreme arrogance of the million dollar campaign sinks in. And if her “spontaneous” remarks to the court tomorrow follow her usual pattern, they will yet again make her look callous and concerned only about herself.
Several reports are out now in Italian harking on these themes. This report by the Associated Press with a possible nudge from the Sollecito team gives a sense of what the Italian reports are saying.
Even in Sollecito’s native Italy, it is Knox who commands the most media attention. Two prominent celebrity and gossip magazines, “Oggi” and “Gente,” put Knox on their covers during the final week of arguments in the appeals trial, and newspapers characterize him as being in the background.
Not even prosecutors have portrayed Sollecito as the main protagonist in the murder of Meredith Kercher on Nov. 1, 2007. According to their version, Sollecito held Kercher from behind while Knox stabbed her and another man tried to sexually assault her. Ivorian immigrant Rudy Guede was convicted in a fast-track trial and saw his sentence cut from 30 years to 16 years on appeal.
Attention during the investigation focused intensely on the two young female roommates as the world and prosecutors searched for a motive. Knox was portrayed as sexually promiscuous and lacking inhibition, while at the same time working hard to support herself and trying to learn Italian; Kercher was depicted as more serious and studious, who had at the end of her life began to chafe at her American roommate’s sloppiness.
The good girl/bad girl dichotomy drove headlines across the globe, while Sollecito — the mild mannered boyfriend — was largely overlooked in a supporting role.
It’s a role that his defense lawyer plays up. Sollecito is the son of a wealthy doctor from southern Italy who hired a crack legal team to defend his son. It’s led by Giulia Bongiorno, who defended former Italian Premier Giulio Andreotti on charges of mafia association.
“It’s not by chance that Raffaele arrived in this trial as the boyfriend. Nothing connects Raffaele to the crime,” Bongiorno said in her closing arguments last week. “With a girlfriend, you usually get a family. Raffaele got a murder.”
She said the few pieces of evidence in the “Amanda-centric” trial relate to Knox, not to Sollecito. “Nothing connects him to the crime,” Bongiorno said.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, RS v AK v RG, Those officially involved, The defenses, Hoaxes by Knox, Knox no-PR hoax, Hoaxers - main people, Knox-Mellas team, Sollecito team
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Thursday, January 20, 2011
The New 80,000 Pound Gorilla In The Room Introduced By The Italian Supreme Court of Cassation
Posted by The TJMK Main Posters
What is the biggest headache for the defenses?
That their areas of appeal, already circumscribed by Judge Hellman, could all explode in their faces? The low-credibility witnesses Alessi and Aviello? The limited DNA retesting? The re-examination of the witness in the park who had no cause to make anything up?
Or that Rudy Guede gets totally ticked off by Alessi’s claims that Rudy Guede said he did it with one or two others, and so Guede tells the court all that REALLY happened?
No, it looks to us that the defenses’ biggest headache by far is that the court of final appeal in Rome (the Supreme Court of Cassation, which is superior to the Perugia appeals court and will hear the second and final appeal) has ALREADY accepted that Rudy Guede’s sentencing report of January 2009 holds up.
And that all three of them attacked Meredith.
The written report from Cassation on that December 2010 decision on Guede’s final appeal (due soon), plus Judge Micheli’s Sentencing Report for Rudy Guede of January 2009, plus all that associated evidence, now gets automatically ported by law straight into Knox’s and Sollecito’s appeal.
Judge Micheli took a hard line toward Rudy Guede, and he sentenced him to 30 years. He also remanded Knox and Sollecito to trial, and his report explains the basis for that remand.
Judge Micheli’s remorseless and tightly argued report (see summaries below) very comprehensively backed up his decisions. (Later reductions in sentence were automatic and they flowed from the terms of Guede’s short-form trial, and some controversial mitigating circumstances advanced by Massei for Knox and Sollecito.)
The prosecution’s appeal against the Knox and Sollecito sentences argues that the acceptance of mitigating circumstances by the Massei court should be thrown out, and that Knox and Sollecito should be subjected to a longer sentence. Remember that even in the case of Alessi’s wife, who was not even present when he beat the kidnapped baby to death, she received a sentence of 30 years.
So here is how it is stacking up:.
- For the prosecution, four courts including the Supreme Court of Cassation have ruled that three people participated in the crime against Meredith, plus all of the evidence from both the Guede and Knox Sollecito trials now comes in, plus the prosecution is appealing for tougher sentences, which seems well justified based on precedents.
- For the defenses, just those few areas the defenses want to challenge which have been allowed by Judge Hellman NONE of which are sure things.
Really not very much going for the defenses here. No wonder they already seem to be phoning it in.
Our meticulous summaries of the Micheli Report by main posters Brian S and Nicki were based on our own translation. A huge amount of work. They were posted nearly two years ago. Periodically we link to them in other posts or we point to them in an email.
Those who do read those posts fresh are often stunned at their sharpness, and for many or most it becomes case closed and the verdict of guilty is seen as a fair one.
We think those posts on Micheli are so key to a correct grasp of Knox’s and Sollecito’s appeal prospects that they should now be reposted in full.
Understanding Micheli #1: Why He Rejected All Rudy Guede’s Explanations As Fiction
By Brian S
Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.
A week ago, just within the three-month deadline, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.
These posts will examine several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English here were by native-Italian speakers and fellow posters Nicki and Catnip. The next post will explain why Micheli ruled out the Lone Wolf Theory, and why he concluded that Knox and Sollecito appeared to be implicated in Meredith’s murder and should therefore be sent to trial.
Judge Micheli maintained that from the moment Meredith’s body was discovered until his arrest in Germany on November 19th, Rudy Guede was in a position to compile a version of his involvement in events at the cottage which would minimise his reponsibilities and point the finger of guilt elsewhere.
He was able to follow the course of the investigation in newspapers and on the internet. He would know of the arrests of Amanda, Raffaele and Patrick. He would know that the investigators had found biological evidence which would sooner or later connect him to the murder, and he would know of other discoveries and evidence which had been publicised in the media.
His story as told in Germany was compiled with all the knowledge about the crime and investigation he would have sought out. On his return to Italy in December he was interviewed by the investigating authorities and gave version 2. He was interviewed again in March which resulted in version 3, and later still made a spontaneous statement to change one or two facts including the admission that the trainer footprint in Meredith’s room could be his. Judge Micheli said:
- 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.
Micheli then examined the details of Rudy’s claimed meeting with Meredith which resulted in his invitation to the cottage on the evening of November 1st.
He noted there were substantial differences between his versions of December and March, particularly with regard to the location of his meeting with Meredith on the night of Halloween and his movements in the early evening of November 1st.
He considered it likely that Rudy had made these changes as he became aware of evidence which contradicted his December version. Notably, in December Rudy claimed to have had his meeting with Meredith which resulted in her invite at a Halloween party given by Spanish students.
By March it was well known that Meredith had spent her entire Halloween in the company of friends, first in the Merlin pub before they later moved on to Domus disco. In March Rudy changed the location of his meeting with her from the Spanish party to Domus, which by chance Rudy had also attended following the party. However, neither Meredith’s friends who were continuously in her company nor those who accompanied Rudy to the Domus witnessed any meeting between the two. Judge Micheli commented:
- On 26 March 2008, instead, Rudy explained to the Prosecution, drawing a picture, that the group invited to the Spaniards’ house actually moved wholus-bolus to the “Domus” club, but it was right in that nightclub that he met Kercher, and not before; offering up a tour-guide description from the chair, saying, “there’s a bar for the drinks and then there’s a room, there’s an arch and a room. I walking [sic] around there, and that’s where I met Meredith”. On the facts of the meeting and the subject of the conversation, he elaborated: “I started talking to Meredith …talking anyway I gave her a kiss.. after which I told her how much I liked her and asked her if the next day, in all the confusion anyway, if we were going to meet the next day and she said yes (…), we met in the evening around half eight, like that.
While not intending to explore the question, basically irrelevant, of whether the pair had agreed to a more or less specific time (his confirmation of the suggestion of 8.30 pm in both verbal statements however allows the inference that according to Guede they had an appointment), the patent contradiction between the two versions jumps out. One context, of a room between two bathrooms, in an apartment, is completely different to that of a drinks-bar and an arch, in a pub; one might concede, perhaps, the possibility of forgetting which place it was where they last bumped into a friend, but hardly the first time there was a kiss with a girl towards whom one was attracted.
With regard to his movements in the early evening of November 1st, Rudy’s friend Alex failed to corroborate Rudy’s December claim to have visited his flat. He said he didn’t see Rudy either before or after his meeting with Meredith at her cottage.
In March, Rudy changed his story and claimed to have risen at 6pm(following the all-nighter at Domus) before wandering around town for an hour or so. He then said he went to Meredith’s cottage but received no answer so he carried on to Piazza Grimana in the hope he might see people he knew. He thought he arrived in the Piazza at around 7:30pm. He claimed that some time later he left Piazza Grimana and called at the Kebab shop before returning to Meredith’s cottage and arriving some time between 8:30 and 9:00pm.
He said he then waited until her arrival some time just after 9:00pm. It was noted that in both his December and March versions Rudy said he had arranged to meet Meredith at 8:30pm. Micheli noted that this didn’t sit well with another arrangement Rudy had made to meet Carlos (from the Spanish party) between 9:00 and 10:00pm.
Micheli said that neither version of Rudy’s movements could be treated as true because he changed his story to fit facts as they became known and there was absolutely no corroborating witness evidence.
Rudy claimed two situations evolved following his entry with Meredith into the apparently empty cottage:
Whilst he was having a drink of fruit juice from the fridge, he claims Meredith found that 300 euros (her rent money) was missing from her bedside cabinet. Meredith was naturally upset by this discovery and straight away blamed “druggy Amanda”. Rudy said they both checked Amanda’s room to see if the money was there. However, it couldn’t be found and Rudy sought to console her.
He says that this consolation developed into an amorous encounter which proceeded to the stage where “Meredith asked him” if he had a condom. He told he didn’t and since she didn’t either they stopped their lovemaking.
Judge Micheli had a real problem with this story as told by Guede. He found it unlikely that Meredith would be interested in lovemaking so soon following the discovery that her money was missing. He found it unlikely that it was Meredith who was leading the way in this amorous encounter as Rudy was suggesting with his claim that it was “Meredith who asked him” if he had a condom.
Surely, Micheli reasoned, if Rudy was hoping to indulge in a sexual encounter with Meredith following the previous night’s flirting, he would, as any young man of his age, ensure that he arrived with a condom in anticipation of the hoped for liason. But even if he didn’t, and it was true that events had reached the stage where Meredith asked him, then surely given his negative response, Meredith would have again gone into Amanda’s room where, as she had told her friends, condoms were kept by her flat mate. Judge Micheli simply didn’t believe that if they had got to the stage of lovemaking described by Rudy, and following his negative response to her question, they just “STOPPED”. Meredith would have known she had a probable solution just metres away.
Rudy claimed he then told Meredith he had an upset stomach because of the kebab he had eaten earlier. She directed him to the bathroom through the kitchen.
Rudy put on his i-pod and headphones as he claimed was his habit when using the toilet. In his December version Rudy said the music was so loud he heard the doorbell ring but he made no reference to hearing any conversation. A perfect excuse, Judge Micheli says, for not hearing the disturbance or detail of Meredith’s murder. However, in his March version he claims he heard Amanda’s voice in conversation with Meredith. When Rudy did eventually emerge from the bathroom he says he saw a strange man with a knife and then a prone Meredith. Micheli commented:
- ...it is necessary to take as given that, in this case, Kercher did not find anything better to do than to suddenly cross from one moment of tenderness and passion with him to a violent argument with someone else who arrived at that place exactly at the moment in which Rudy was relieving himself in the bathroom. In any case, and above all, that which could have been a surprise to the killers, that is to say his presence in the house, was, on the other hand, certainly not put into dispute:
Meredith, unlike the attackers, knew full well that in the toilet there was a person who she herself allowed in, so for this reason, in the face of someone who had started raising their voice, then holding her by the arms and ending with brandishing a knife and throwing her to the floor, why would she not have reprimanded/reproached/admonished him immediately saying that there was someone in the house who could help her?
…Meredith didn’t shout out loudly for Rudy to come and help
…There was a progression of violence
…The victim sought to fight back
If it is reasonable to think that a lady living 70 metres away could hear only the last and most desperate cry of the girl – it’s difficult to admit that Guede’s earphones, at 4-5 metres, would stop him hearing other cries, or the preceding sounds.
Micheli was also mystified as to why Amanda (named in Rudy’s March version) would ring the doorbell. Why wouldn’t she let herself in using her own key? He supposed it was possible Meredith had left her own key in the door which prevented Amanda from using hers, but the girls all knew the lock was broken and they were careful not to leave their own key in the door. Perhaps, Meredith wanted some extra security/privacy against someone returning and had left her key in the lock on purpose. Maybe Amanda was carrying something heavy and her hands weren’t free. Or, maybe, Rudy was just trapped by his December story of the doorbell when he didn’t name anybody and an anonymous ring on the doorbell was plausible.
The judge then took issue with Rudy’s description of events following the stabbing of Meredith. Rudy claimed that when he emerged from the bathroom he discovered a man with a knife standing over Meredith. In the resultant scuffle he suffered cut wounds to his hand. armed himself with chair to protect himself. before the attacker fled when he fell over because his trousers came down around his ankles. Micheli said that those who saw Rudy later that night didn’t notice any wounds to Rudy’s hands although some cuts were photographed by the police when he was later arrested in Germany.
Micheli found Rudy’s claim that the attacker ran from from the house shouting “black man found, black man guilty” unbelievable in the situation. In the panic of the moment it may be conceivable that the attacker could shout “Black man…, run” following the surprise discovery of his presence in the house, but in the situation Rudy describes, blame or expressions of who the culprit thought “the police would find guilty” made no sense. It would be the last thing on an unknown attackers mind as he sought to make good his escape.
Micheli considers the “black man found, black man guilty” statement an invention made up by Rudy to imply a possible discrimination by the authorities and complicate the investigation. Micheli also saw this as an excuse by Rudy to explain away his failure to phone for help (the implication being that a white man could have made the call). It was known by her friends and acquaintances that Meredith was never without her own phone switched on. She kept it so, because her mother was ill and she always wanted to be available for contact should her mother require help when she was on her own
Judge Micheli regarded Rudy’s claimed efforts to help Meredith impossible to believe, given the evidence of Nara Capezzali. Rudy claimed to have made trips back and forth to the bathroom to obtain towels in an attempt to staunch the flow of bood from Meredith’s neck. He claimed to have leaned over her as she attempted to speak and written the letters “AF” on the wall because he couldn’t understand her attempted words. His described activities all took time and Rudy’s flight from the house would have come minutes after the time he alleged the knife-man ran from the cottage.
Nara Capezzali maintained that after she heard Meredith’s scream it was only some seconds (well under a minute) before she heard multiple footsteps running away. Although she looked out of her window and continued to listen for some time because she was so disturbed by the scream, she neither heard nor saw any other person run from the house. That Rudy had run wasn’t in doubt because of his collision on the steps above with the boyfriend of Alessandra Formica. Micheli therefore considered it proven that “all” of Meredith’s attackers, including Rudy, fled at the same time.
Earlier in his report Micheli considered character evidence on Rudy given by witnesses for both prosecution and defense. Although he had been seen with a knife on two occasions, and was considered a bit of a liar who sometimes got drunk, the judge didn’t consider that Rudy had previously shown a propensity for violence, nor behaviour towards girls which differed markedly from that displayed by many other young men of his age.
However, because of the wealth of forensic evidence [on which more later] and his admitted presence in the cottage, combined with his total disbelief in Rudy’s statements, Micheli found Rudy guilty of participation in the murder of Meredth Kercher.
He sentenced him to 30 years in prison and ordered him to pay compensation of E2,000,000 each to Meredith’s parents John and Arline Kercher, E1,500,000 each to Meredith’s brothers John and Lyle Kercher plus E30,000 costs in legal fees/costs + VAT. Also E1,500,000 plus E18,000 in legal fees/costs + VAT to Meredith’s sister, Stephanie Kercher.
Understanding Micheli #2: Why Judge Micheli Rejected The Lone-Wolf Theory
By Brian S
And so decided that Raffaele Sollecito and Amanda Knox should face trial.
First, just to recap: Judge Micheli presided over both Rudy Guede’s trial and sentencing to 30 years and the final hearing that committed the two present defendants to trial.
Ten days ago, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.
These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English used here were by native-Italian speakers and fellow posters Nicki and Catnip.
Right at the outset of his Sentence Report on the conviction of Rudy Guede, Judge Micheli stated that it was neither the place nor his intention to make the case against either Raffaele Sollecito or Amanda Knox. He said he must necessarily involve them to the extent that they were present at the discovery of Meredith’s body. He said he must also examine evidence against them where he saw it as indicating that Rudy Guede was not a lone wolf killer and implicated them as his possible accomplices in Meredith’s murder.
Judge Micheli described the sequence of events laid out by the prosecution which lead to the discovery of Meredith’s body:
Early on the morning of November 2nd, Signora Lana Biscarini received a bomb threat call made to her home at 5A Via Sperandio. (This later transpired to be a hoax.)
Some time later Signora Biscarini found a mobile phone in her garden. She “had heard” that bombs could be concealed in mobile phones and so she took it to the police station arriving at 10:58am as recorded by ISP. Bartolozzi
The postal police examined the phone and following removal of the SIM card, discovered at 11:38am that it belonged to a Filomena Romanelli who lived at the cottage at 7 Via della Pergola. Following a call by Signora Biscarini to check with her daughter who was still at home, it is in the record at 11:50am that neither say they know the Filomena in question. At around noon Signora Biscarini’s daughter rings her mother at the police station to say she has found a second phone.
The second phone (Meredith’s) is collected from Via Sperandio and taken to the police station. Its receipt there is logged by ISP. Bartolozzi at 12:46pm. During its examination Meredith’s phone is also logged as connecting to the cell of Strada Borghetto di Prepo, which covers the police station, at 13:00pm. At 13:50pm both phones, which have never left the police station following their finding, are officially seized. This seizure is entered in the log at 14:00pm.
Separately, as part of the bomb hoax investigation, agents of the postal police are dispatched to make enquiries at Filomena’s address in Via della Pergola.
They are recorded in the log and filmed on the car park camera as arriving at 12:35pm. They were not in possession of Filomena’s phone, which remained at the police station, nor of Meredith’s which at this time was being taken from Via Sperandio to the police station for examination as part of the bomb hoax enquiry.
Judge Micheli said that some confusion was created by the evidence of Luca Altieri (Filomena’s boyfriend) who said he saw two mobile phones on the table at the cottage. But, Micheli said, these two phones either belonged to the others who arrived, the postal police themselves or Amanda and Raffaele. They were NOT the phones of Filomena or Meredith.
On their arrival at the cottage, the agents of the postal police found Raffaele Sollecito and Amanda Knox standing outside the front door.
The two seemed surprised to see them (the postal police had come to talk to Filomena about a bomb hoax which potentially involved her phone, plus they had recently been informed of the discovery of second phone in the same garden), but then they explained they had discovered suspicious circumstances inside the cottage.
Raffaele said he had already phoned the police and they were awaiting their arrival in connection with that. Elsewhere in his report Micheli points out that Raffaele did, in fact, make a call to his sister at 12:50pm, followed by two calls to “112” reporting a possible burglary at 12:51 and 12:54pm, 15 minutes after the arrival of the postal agents.
Judge Micheli said the postal police were shown into the cottage by Raffaele and Amanda. They pointed out the traces of blood around the apartment, the state of the toilet and the disturbance to Filomena’s room. They said they didn’t think anything had been taken. They pointed out that Meredith’s door appeared to be locked, Raffaele said he had tried to open it, but Amanda said Meredith used to lock the door even when she was going to the bathroom to shower.
Shortly afterwards Luca Altieri and Marco Zaroli arrived. Luca said he had just been contacted by his girlfriend Filomena, who in turn had just been contacted by Amanda Knox about the possible break in. A few minutes later, Filomena herself arrived with Paola Grande. Micheli noted that Filomena had immediately contradicted what Amanda had told the postal police and she said that Meredith never locked her door. She also told the postal police that the phone found with a SIM card in her name was in fact Meredith’s 2nd phone, that she had given Meredith the SIM as a present. The postal police said that they didn’t have the authority to damage property and so the decision was made that Luca would break down the door.
This he did. The scene when the door flew open was instantly obvious, blood everywhere and a body on the floor, hidden under a duvet except for a foot and the top of Meredith’s head. At that point ISP Battistelli instantly took charge. He closed the door and forbade anyone to enter the room before contacting HQ.
Following his description of the events which lead to the discovery of Meredith’s body, Micheli then dedicates quite a few pages of his report to detailing the exact locations, positions, descriptions and measurements of all the items, blood stains, pools and spots etc.etc. found in her room when the investigators arrived. He also goes into precise details on the injuries, marks, cuts and bruises etc. which were found by Lalli when he examined Meredith’s body in situ at the cottage before she was moved. Despite their extent, it is obvious these details are only a summary of the initial police report and also a report made by Lalli on the 2nd November.
It is these details which allowed the prosecution to lay out their scenario for the events which they say must have happened in the room. It is also these details which convince Micheli that it was impossible for this crime to be carried out by a single person. In his report, he dismisses completely the scenarios presented by the defences of Amanda and Raffaele for a “lone wolf killing”. Micheli says that he is convinced that Meredith was sexually assaulted and then murdered by multiple attackers.
Judge Micheli also explains in his report how the law will decide on sexual assault or rape where the medical report (as was Lalli’s) is somewhat inconclusive. Else there would be no point in a woman reporting rape unless she had serious internal injuries. His conclusion: Meredith was raped by Rudy Guede manually.
So why does Judge Micheli believe that Amanda Knox and Raffaele Sollicto were possible accomplices of Rudy Guede and should be tried for the murder of Meredith Kercher?
In his report, he doesn’t look at the evidence which involves just them, nor does he analyze their various stories in his report. He doesn’t look at events involving them which occurred between the 2nd and 5th November. He does note a few items here and there, but these aren’t given as the major reasons for his decision to indict them.
He notes Raffaele’s apparent lies about the time he made the 112 phone calls. He dismisses Raffaele’s defense claim that the disposal of Meredith’s phones didn’t allow time for Raffaele to get to the cottage after watching his film, kill Meredith, and then dispose of the phones in Via Sperandio before the aborted call to Meredith’s bank. He noted that the cell which picked up the brief 10:13 call to Meredith’s bank also picked up most of Meredith’s calls home.
He asked whether it was possible for anybody to believe that each time Meredith wanted to phone home, she walked down to Via Sperandio to make the call. He notes that the police found Amanda and Raffaele’s behaviour suspicious almost straight away. He notes that Filomena said that the relationship between Amanda and Meredith had deteriorated by October. He says he doesn’t believe at all that cannabis caused any loss of Amanda’s and Raffaele’s memories.
Judge Micheli says he bases his decision on the following points of evidence:
[Note: The following paragraph numbers form no part of Micheli’s report. They are used in the context of this summary to identify the points of evidence contained in his report which will be examined and summarised in greater detail in follow-up posts]
1) Judge Micheli, after hearing both prosecution and defense arguments about Meredith’s and Amanda’s DNA on the knife and Raffaele’s DNA on Meredith’s bra clasp, accepted the prosecution argument that that both were valid evidence. He did note, however, that he fully expected that the same argument would be heard again at the full trial. In his report, Micheli dedicates several pages to explaining the opposing arguments and how he made his decision to allow the evidence. It is a detailed technical argument, and it is not proposed to examine it any closer in this post.
2) Judge Micheli explains that blood evidence proves that Meredith was wearing her bra when she was killed. Nor is it just the blood on her bra which demonstrates this. It’s also where the blood isn’t on her body. He says that Meredith was wearing her bra normally when she laid in the position in which she died, and she was still wearing it for quite some time after she was dead. Her bra strap marks and the position of her shoulder are imprinted in the pool of blood in that position. Meredith’s shoulder also shows the signs that she lay in that position for quite some time.
He asks the question: Who came back, cut off Meredith’s bra and moved her body some time later? It wasn’t Rudy Guede. He went home, cleaned himself up and went out on the town with his friends. Judge Micheli reasons in his report that it could only have been done by someone who knew about Meredith’s death and had an interest in arranging the scene in Meredith’s room. Seemingly who else but Amanda Knox?
She was apparently the only person in Perugia that night who could gain entry to the cottage. And the clasp which was cut with a knife when Meredith’s bra was removed was found on November 2nd when Meredith’s body was moved by the investigators. It was right under the pillow which was placed under Meredith when she was moved by someone from the position in which she died. On that clasp and its inch of fabric is the DNA of Raffaele Sollecito and Amanda Knox. Micheli reasons in his report that Raffaele and Amanda seemed to have returned to the cottage some time after Meredith was dead, cut off her bra, moved her body, and staged the scene in Meredith’s room.
3) Judge Micheli explains his reasoning on the method of Rudy’s entry into the cottage. He says that Rudy’s entry through the window is a very unlikely scenario and the evidence also indicates otherwise. He says the height and position of the window would expose any climber to the full glare of traffic headlights from cars on Via della Pergola. He asks, why wouldn’t a thief choose to break in through a ground floor window of the empty house? He says the broken glass and marks on the shutter both demonstrate the window was broken from the inside, some of the glass even falling on top of Filomena’s clothes which had been thrown around the room to simulate a robbery.
But his major reasoning for believing Rudy’s entry was through the front door are the bloody bare footprints which show up with luminol and fit Knox’s and Sollecito’s feet. These suggest that they entered Filomena’s room and created the scene in there after Meredith was killed. Allessandra Formica witnessed Rudy run away shortly after Meredith was stabbed. Someone went back later, left those footprints and staged the scene.
This, when considered in combination with the knowledge that person demonstrated of Rudy’s biological involvement with Meredith when they also staged the sex assault scene in Meredith’s own room indicates that that person was present when Meredith was assaulted and killed. He said it also demonstrated an attempt by someone who had an interest in altering the evidence in the house to leave the blame at Rudy’s door. Micheli reasoned, the only person who could have witnessed Rudy’s earlier sex assault on Meredith, could gain entry via the door and had an interest in altering the crime scene in the house appeared to be Amanda Knox. In his report, Micheli states that this logic leads him to believe that Amanda Knox was the one who let Rudy Guede into the cottage through the front door.
4) Judge Micheli examines the evidence of Antonio Curatolo. He says that although Curatolo mixes up his dates in his statement, he does have a fix on the night he saw Amanda and Raffaele in Piazza Grimana sometime around 11:00 to 11:30pm. Curatolo is certain it was the night before the Piazza filled up with policemen asking if anyone had seen Meredith. In his evidence, he says they came into the square from the direction of Via Pinturicchio and kept looking towards the cottage at Via della Pergola from a position in the square where they could see the entrance gate.
Judge Micheli reasons in his report that their arrival from Via Pinturicchio ties in with the evidence from Nara Capazzali that she heard someone run up the stairs in the direction of that street. He also reasons that they were likely watching the cottage to see if Meredith’s scream had resulted in the arrival of the police or other activity.
5) Judge Micheli examines the evidence of Hekuran Kokomani and finds him far from discredited. His says the testimony is garbled, his dates and times makes no sense but…. that Hekuran Kokomani was in the vicinity of the cottage on both 31st Oct. and 1st Nov isn’t in doubt. Furthermore, Micheli says that when he gave his statement, the details which he gave of the breakdown of the car, the tow truck and the people involved weren’t known by anyone else. He must have witnessed the breakdown in Via della Pergola. The same breakdown was also seen by Allessandra Formica shortly after Rudy Guede collided with her boyfriend.
This places Hekuran Kokomani outside the cottage right around the time of Meredith’s murder and he in turn places Raffaele Sollecito, Amanda Knox and Rudy Guede together outside the cottage at the same time. His evidence also places all three outside the cottage at some time the previous night.
Judge Michelii found that all this evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.
Understanding Micheli #3: How Damning Is The DNA Evidence Coming Up?
Probable answer? Pretty damning.
Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.
Late January, Judge Micheli made public the 106-page report that explains the thinking behind both actions. These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales.
The trial to establish the truth about the murder of Meredith continues next Friday. As we’ve reported, various human witnesses have already been heard from: the Postal Police who discovered Meredith’s body, Meredith’s two Italian roommates, and her seven British friends.
Coming up soon is a more silent witness, one very important to both the prosecution and the two defenses: the DNA evidence.
Specifically the DNA belonging to Meredith, Knox, Sollecito, and Guede which was found at the scene of the crime, and on the suspected murder weapon found, apparently hidden, in Raffaele Sollecito’s house.
Traces of Meredith’s DNA have been found on a knife compatible with the wounds that caused her death. Amanda Knox ‘s genetic material was identified on the knife handle. DNA belonging to Sollecito has been found on the clasp of the victim’s bra. And more DNA showing Rudy Guede’s genetic profile was found on the victim’s body and elsewhere in the house.
In summary, the biological sources and locations where DNA belonging to the three defendants was found are these:
- Guede’s DNA (from epithelial cells) was found inside Meredith, on toilet paper, on the right side of Meredith’s bra, mixed with Meredith’s DNA on the her purse zip, and on the left cuff of Meredith’s light blue sweater
- Sollecito’s DNA (from epithelial cells) was found on Meredith’s bra clasp, mixed with Meredith’s DNA, and on one cigarette butt found in the kitchen
- Knox’s DNA (from epithelial cells) was found on the knife sheath, and close to the blade junction. It was not possible to ascertain both the haematic and epithelial source of Meredith’s DNA on the knife blade, due to the scarcity of the sample. But Judge Micheli noted that reasonable doubt persist that blood could have been present also.
- Other significant biological traces belonging to Meredith - for example, DNA originating from the blood-trace footprints revealed by luminol found in Filomena’s bedroom, as already reported at trial.
Claims of contamination and “poor matches” of the DNA samples were raised by the Sollecito and Knox defenses, although not by Guede’s. The DNA expert Dr. Stefanoni’s arguments in reply to the defenses’ claims are summarized in Judge Micheli‘s report.
Dr Stefanoni reported that the locus ascribable to Meredith and identified on the knife blade shows readings of 41 and 28 RFU. Conventionally, RFU values lower than 50 can be defined as low. But she maintained that the profile matched Meredith’s by explaining that there is no immediate correlation between the height of the peaks obtained by electropherogram and expressed in RFU, and the reliability of the biological investigation.
In fact “even if statistically - in most cases - the RFU data is directly proportional to the possibility of a certain interpretation of the analysis result, on the other side many cases of high peaks of difficult interpretation exist (because of background noises), as well as low peaks that are objectively unquestionable, hence the need to proceed to the examination of data that is apparently scarce, but that mustn’t be considered unreliable per se.”
*The use of multiplex PCR and fluorescent dye technology in the automated detection and analysis of short tandem repeat loci provides not only qualitative information about the profile - i.e. which alleles are present - but can provide also quantitative information on the relative intensities of the bands, and is therefore a measure of the amount of amplified DNA.”
So if on one side Dr Stefanoni admits that the RFU readings are low, on the other her experience suggests that many cases of unquestionable matches exist showing readings lower than 50 RFU, and this appears to be the case with Meredith’s DNA sample on the knife.
Contamination in the laboratory is categorically excluded by Dr Stefanoni. The samples were processed with maximum care in order to avoid any contamination during lab procedures. Contamination during the collection phase is excluded by Judge Micheli, as the samples were collected by different officers at different times in different places (example Via della Pergola at 9:40am on Nov 6. 2007, and Sollecito’s apartment at 10:00am, on the same day, by a different ILE team).
As for Sollecito’s DNA found on the bra clasp, the match is unquestionable, according to the lab reports. Samples from crime scenes very often contain genetic material from more than one person (e.g. Rudy Guede’s DNA has been identified in a mixture with the victim’s DNA in a few places), and well-known recommendations and protocols exist in order to de-convolute mixed samples into single genetic profiles.
So if the lab reports indicate that unquestionable biological evidence of Sollecito’s DNA was found on the bra clasp, at the present time we have no reason to believe that these recommendations weren’t followed and that therefore the reports are not to be trusted.
As to cells “flying around” depositing themselves – and their DNA content - here and there around the murder scene, there have been some imaginative theories advanced, to say the least.
The reality though is that although epithelial cells do shed, they don’t sprout little wings to flock to one precise spot, nor grow feet to crawl and concentrate on a piece of evidence. There needs to be some kind of pressure on a surface in order to deposit the amount of biological material necessary to yield a reliable PCR analysis result. A simple brushing will not do.
As a matter of fact, Dr Stefanoni agreed with Guede’s defense that Guede‘s genetic material found on the left sleeve of Meredith’s blouse was minimal; and this was because the DNA found there belonged to the victim and was not a mixture. In the situation where there is a clear disproportion between quantitative data of two DNA’s coexisting in a biological trace, the PCR will amplify the most abundant DNA.
As agreed by Dr. Stefanoni and Guede’s defense, the conclusion here was that on the left sleeve there was plenty of Meredith’s DNA but very little of Guede’s. (This was used by his defense to deny that Guede had exerted violence on Meredith’s wrist).
After listening to the arguments of the prosecution and the defenses, Judge Micheli provided reasons why he rejected the contamination claims and ruled that all the biological traces identified as reflecting Sollecito’s and Knox’s DNA are admissible as evidence. He arrived at the conclusion that the DNA evidence is sound and, considered along with the non-biological proof, he decided there was more than enough evidence to order Knox and Sollecito to stand trial.
Regarding the biological significance of the traces, we are now looking forward to hearing the Knox and Sollecito defenses’ counter-arguments. But as we understand it now, the DNA evidence for the trio having all been involved in the murder seems pretty damning.
Understanding Micheli #4: The Staged Scene - Who Returned To Move Meredith?
By Brian S
Please be warned that this is sad and hard-going, although many other passages from the Micheli report we will never post on here are even more harrowing.
Just to recap. Judge Micheli presided over Rudy Guede’s trial and sentencing and the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.
This post is about the final position of the body. Why this matters so much is that if the evidence holds firm, all by itself it will prove that there was a major rearrangement of the crime scene, to try to throw investigators off the trail.
This is as near to an 80,000 pound gorilla in the room as we are likely to see in this trial. And it may even be on the trial agenda for this coming Friday and Saturday.
Reports by the crime-scene investigators and Dr Lalli are summarised in Judge Micheli’s report. They describe the detail of the scene discovered in Meredith’s room. The investigators measured and photographed the position and state of everything, including blood, as it was in the room before anything was moved.
Amongst the items noted was a white bra. Some parts were soaked in blood, particularly the right shoulder strap and the outside of the left cup. They also noted that a portion of the backstrap with its clasp fixings was missing. Meredith herself was lying on her back midway between the wardrobe and the bed, without her jeans, a pillow under her buttocks and her top rolled up to reveal her chest.
Following this survey, Meredith’s body was then turned and moved by the investigators. This revealed the other items on which her body had lain. A tennis shoe, a white sheet from the bed and a blue zipped top, all with blood stains. Also a green bath towel and an ivory bath towel, both soaked in blood, and underneath the pillow was the missing clasp section of the bra back-strap.
Judge Micheli notes that Amanda’s defence claimed that “the small round spots of blood” apparent on Meredith’s chest indicated that she was not wearing her bra when she was killed. He agreed that it was likely that these spots fell from Meredith’s gasps for breath as she lay on her back after she had been stabbed. However, he could not agree with their conclusion that her bra had been removed before this time, as similar small round spots were also found on Meredith’s bra.
Micheli reasoned that this indicated that Meredith was still wearing her bra as she gasped for breath, but that her top was rolled up and the bra moved also. Thus indicating the sexual nature of the original attack, but also allowing the small round spots to fall on both chest and bra. Furthermore, other blood evidence involving the bra indicated that it wasn’t removed until some time after Meredith had died.
He said that Meredith’s bra was found by investigators away from other possible blood contamination on the floor, near to her feet. Photographs of Meredith’s body show clear white areas where the bra prevented blood from falling onto Merediths body. These white areas corresponded to those areas where blood was found on her bra. This was particularly true in the area of the right shoulder strap which was soaked from the wound to Meredith’s neck.
Micheli said that evidence showed that Meredith had lain on one shoulder near the wardrobe. She lay in that position long enough for the imprint of her shoulder and bra strap to remain fixed in the pool of blood after she was moved to the position in which her body was finally found. Photographs of blood on her shoulder matched the imprint by the wardrobe and her shoulder itself also showed signs that she had remained in that position for some time.
Based on all this, Judge Micheli concluded that there could be no doubt that Meredith’s body was moved away from the wardrobe and her bra removed quite some time after her death.
Neighbor Nara Capezzali had testified that people fled from the cottage within a minute of Meredith’s final scream. There was no time for any alteration of the crime scene in those very few moments.
Judge Micheli asks in his report, who could have returned later and staged the scene which was found? Who later moved Meredith’s body and cut off her bra? He reasons it could only be someone who had an interest in changing what would become a crime scene found at the cottage. Who else but someone who lived there, and who wanted to mislead the coming investigation?
It couldn’t have been Laura, she was in Rome. It couldn’t have been Filomena, she was staying with her boyfriend. It was very unlikely that it was Rudy Guede, all proofs of his presence were left untouched.
The culprits ran from the cottage in different directions and there is no reason to believe they met up again before some or one of them returned. Judge Micheli stated that, in his opinion, this just left Knox who would seem to have an interest in arranging the scene the police would find.
Bloody footprints made visible with luminol in Filomena’s room contain Meredith’s DNA. This indicated to Judge Micheli that the scene in Filomena’s room was also staged after Meredith was killed.
In Micheli’s opinion the scene in Meredith’s room was probably staged to point the finger at Rudy Guede. All evidence related to him was left untouched, and the pillow with a partial palm print was found under Meredith’s repositioned body.
But whoever later arranged that scene in Meredith’s room also unwittingly indicated their own presence at the original sexual assault. Who else could have known that by staging an obvious rape scene, they would inevitably point the investigators towards Rudy’s DNA which they knew could be found in Meredith?
Micheli asks: Seemingly, who else could it have been but Amanda Knox? And this in part is why she was committed to trial, for her defense to contend this evidence.
Archived in Crime hypotheses, Various scenarios, Those who were charged, RS v AK v RG, Evidence & witnesses, The timelines, Real crimescene, Appeals 2009-2015, Guede appeals, Hoaxes against Italy, Evil Mignini hoax, Evil police hoax, The break-in hoax, The Alessi hoax, Hoaxes re Guede, Guede sole perp hoax
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Sunday, October 11, 2009
Our Take On The Case For The Prosecution: #5 Defendants’ Claims Shown To Be A Mass Of Contradictions
Posted by The Machine
This series is a summary of the prosecution’s case in about ten parts, with a commentary on matters of key significance.
The material has been reordered so that evidence presented at several points in the trial can be described in one post here. Sources used are the many published reports, some transcripts made of the testimony and the mobile phone records of Amanda Knox and Raffaele Sollecito.
The first four posts were on the DNA evidence, the luminol-enhanced footprint evidence, and Raffaele Sollecito’s and Amanda Knox’s various conflicting alibis.
Now we look at the many contradictory statements of Amanda Knox and Raffaele Sollecito brought out by the prosecution.
The prosecution showed that not only are they contradicted by one another. They are contradicted by telephone and computer records, by closed-circuit TV footage, and by the corroborated testimony of several witnesses.
One question that Judge Massei and Judge Cristiana and the six members of the jury will now be asking themselves is: if Amanda Knox and Raffaele Sollecito are innocent and had nothing to hide, why did they lie so repeatedly?
Knox’s and Sollecito’s lawyers have had the unenviable task of trying to explain all their contradictions away.
Sollecito’s lawyers have argued that he lied out of confusion and fear. Knox’s lawyers have argued that she dramatically changed her version of events because she was hit and mistreated by the police on 5 November 2007. Neither of these claims stood up to close scrutiny.
And the prosecution made it overwhelmingly apparent to the judges and the jury that Knox and Sollecito each lied deliberately and repeatedly to various people even before they were suspects and even before Knox was questioned on 5 November.
It was made intensely obvious that Knox and Sollecito’s versions of what they did on 1 November had very little in common with each other, especially in that part of the evening when they both claim they couldn’t remember very much because they were suffering from cannabis-induced amnesia.
There is no convincing scientific evidence that shows that cannabis can cause such dramatic amnesia. Skunk cannabis can cause extreme psychotic episodes and murders have occurred as a result. Long term use of cannabis can affect short-term memory and users might have difficulty recalling a telephone number. But wipe out whole chunks of an evening from anyone’s memory banks? The proof simply isn’t there.
1-A) The afternoon of 1 November 2007 according to Raffaele Sollecito
Sollecito told investigators that Knox and he had left the cottage on Via della Pergola at 6.00pm and that they went for a walk downtown. They passed through Piazza Grimana, Piazza Morlacchi and the main fountain in Corso Vannucci.
1-B) The afternoon of 1 November 2007 according to Amanda Knox
Knox told investigators it was an hour earlier at 5.00pm and that they went straight to Sollecito’s apartment.
2-A) The evening of 1 November 2007 according to Raffaele Sollecito
Raffaele Sollecito first claimed in an interview with Kate Mansey from the Sunday Mirror that he and Amanda Knox were at a friend’s party on the night of the murder.
Sollecito said that he downloaded and watched the film Amelie during the night. However, computer expert Mr Trotta said that the film had actually been watched at around 6.30 pm.
On 5 November Sollecito told police that Knox went to meet friends at Le Chic at around 9pm and that she didn’t return until about 1am:
“At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”
Sollecito claimed that he had spoken to his father at 11pm. Phone records show that there was no telephone conversation at this time. Sollecito’s father had called him a couple of hours earlier at 8.40pm.
Sollecito claimed that he was alone and surfing the Internet from 11pm to 1am. No technical evidence of this was introduced. computer specialists have testified that his computer was not used for an eight-hour period on the night of Meredith’s murder
The Kercher’s lawyer, Franco Maresca, pointed out that credible witnesses had really shattered all of Sollecito’s alibi for the night of the murder.
2-B) The evening of 1 November according to Amanda Knox
Amanda Knox told the police that she hadn’t replied to Diya Lumumba’s text message. The police knew full well that this wasn’t true because they already had her mobile phone records that proved that she had texted him.
“After that [finding out she wasn’t required at Le Chic] I believe we relaxed in his room together, perhaps I checked my email.” But no internet activity at all was proven at Sollecito’s apartment beyond the early evening.
“One thing I do remember is that I took a shower with Raffaele and this might explain how we passed the time. In truth, I do not remember exactly what day it was, but I do remember that we had a shower and we washed ourselves for a long time. He cleaned my ears, he dried and combed my hair.”
But Sollecito made no mention of taking a shower with Amanda Knox on the night of the murder.
In Amanda Knox’s handwritten note to the police she claimed that she and Sollecito ate around 11.00pm:
“One of the things I am sure that definitely happened the night on which Meredith was murdered was that Raffaele and I ate fairly late, I think around 11 in the evening”
But Knox testified at the trial that she and Sollecito ate around 9.30pm. “After we ate Raffaele washed the dishes but the pipes under his sink broke and water flooded the floor.”
3) The early hours of 2 November
Both Knox and Sollecito claim that they woke up late on 2 November. However, their mobile phone records show the mobiles were turned on at approximately 6.02am. Sollecito also used his computer at 5.32am. The Italian Supreme Court remarked that his night must have been “sleepless” to say the least.
4) The afternoon of 2 November
At 1208pm, Amanda Knox called Filomena and said she was worried about the front door being open and blood stains in the small bathroom. Knox claims that she made this call from Sollecito’s apartment.
However, in his prison diary, Raffaele describes the same conversation as taking place at the cottage.
Knox claimed that when she called Meredith’s Italian phone it “just kept ringing, no answer”.
Her mobile phone records show this call lasted just three seconds, and the call to the UK phone lasted just four seconds. (Meredith’s WeAnswer Call service, which prides itself on how quickly it answers its customers’ calls, boasts that their average speed-of-answer is 5.5 seconds. There were no messages left.)
At 12.34pm Amanda and Filomena again spoke on their phones. Filomena said, “We spoke to each other for the third time and she told me that the window in my room was broken and that my room was in a mess. At this point I asked her to call the police and she told me that she already had.”
The prosecution introduced records to show that Knox and Sollecito didn’t actually call the police until 12.51pm.
In her email to friends in Seattle on 4 November, Amanda Knox says she called Meredith’s phones after speaking to Filomena. Knox’s mobile phone records prove that this was untrue.
In the email, Amanda also claims that she called Filomena back three quarters of an hour later – after Raffaele finished calling the police at 12:55pm. But cellphone records show that Knox never ever called Filomena back at all.
Sollecito and Knox both claimed they had called the police before the postal police had turned up at the cottage and were waiting for them. Sollecito later admitted that this was not true, and that he had lied because he had believed Amanda Knox’s version of what had happened.
He said he went outside “to see if I could climb up to Meredith’s window” but could not. “I tried to force the door but couldn’t, and at that point I decided to call my sister for advice because she is a Carabinieri officer. She told me to dial 112 (the Italian emergency number) but at that moment the postal police arrived.
He added: “In my former statement I told you a load of rubbish because I believed Amanda’s version of what happened and did not think about the inconsistencies.” (The Times, 7 November, 2007).
The CCTV cameras in the car park record the arrival of the postal police at 12.25pm which corroborates Sollecito’s admission that he had spoken rubbish.
Knox’s email to friends in Seattle describes the decision to call the police as something implemented by herself and Sollecito, after she had tried to see through Meredith’s window, and after Raffaele had tried to break down Meredith’s door.
Knox’s mobile phone records show that she called her mother at 12:47pm, but she makes no mention of this call in her email. (This call was very extensively analysed by fellow poster Finn MacCool and he showed a fascinating progression in both Amanda’s and her mother’s recollection of that call.)
Edda Mellas claims that she told Amanda to hang up and call the police – but Amanda made no mention of this advice from her mother in describing their decision to call the police.
Amanda Knox testified that she couldn’t even remember phoning her mother, which will be very difficult for the court to believe. Phoning her mother when it is well after midnight in Seattle to tell her mother that she thought somebody had broken into her home and that her housemate was missing seems an unlikely thing to forget.
Amanda Knox told the postal police that Meredith always kept her door locked. Filomena strongly disagreed with her, and told the postal police the opposite was true.
The prosecution also made it obvious to the court that Amanda Knox and Raffaele Sollecito, like Rudy Guede, changed their stories to fit new facts as they became known:
When Sollecito was confronted with the mobile phone records on 5 November, he immediately admitted that they hadn’t called 112 before the postal police arrived.
After initially denying it, Knox readily admitted that she was at the cottage when Meredith was killed when she found out that Sollecito had stopped providing her with an alibi.
Despite this changing of their stories to take into account the latest known facts, Knox’s and Sollecito’s versions still contained numerous contradictions. Sollecito’s final alibi contains several apparent lies, and Amanda Knox accused Diya Lumumba of killing Meredith while making no mention of Rudy Guede.
The reasons Amanda Knox’s and Raffaele Sollecito’s lawyers have given for them lying - namely false memories, confusion and fear – seem very unlikely to fly with the court.
Repeated evidence was introduced to show that Meredith’s other flatmates and friends all behaved radically differently, and told what were obvious truths that matched up repeatedly and resulted in not a single major contradiction. All were checked out in this careful fashion and then allowed to go on their way.
Only the defendants’ claims failed to coincide or match with everything else.
Again, and again, and again.
Archived in Those who were charged, Amanda Knox, Raff Sollecito, RS v AK v RG, Trials 2008 & 2009, Massei prosecution, Hoaxes by Knox, Knox alibis hoax, Hoaxes by Sollecito, Sollecito's alibis, Sollec not-there hoax
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