Headsup: The first 8 episodes of the RAI/HBO production "My Brilliant Friend" about a supreme alpha-girl and her "moon" of a best friend airing in 60-plus countries are proving amazingly endearing. So many colorful elements of evolving post WWII Italy on display. Yes, some violence too, but peanuts compared to say New York in that era. A real must-see.

Series Amanda Knox 1.0

Monday, April 30, 2012

Does ANY Competent Lawyer Believe RS And AK Are 100% Innocent? If So See These Questions

Posted by James Raper



[Above: Knox defense legal advisor Ted Simon increasingly seems to have some explaining to do]

After 3 days and growing, unfortunately no sign that pro-innocence lawyers (if any) want to respond.  Mr Simon? Mr Barnett? Ms Nancy Grace? (Well perhaps not you)

The Italian, US and UK lawyers who guide TJMK (of which I am one) look around and wonder: why are genuinely-convinced pro-Knox lawyers (if any) still not comprehensively answering all the open questions?

I contrast this with the various media talking heads who have offered drive-by comments without a really deep understanding of the facts of the case or Italian law.

In the law of all three countries, defense lawyers don’t need to KNOW either way whether their client is guilty or innocent. They don’t have to come out with a complete scenario to account for all the facts and point to innocence that would be the counterpart to my scenario (powerpoints - wait a few seconds to load) seemingly accounting for all the facts, which is still an unchallenged case for guilt.

But a comprehensive rebuttal would do the hard-pressed Sollecito and Knox factions a big favor, and provide a much-needed framework for the media (which is posting many incorrect legal claims), and make the Cassation appeal and the book-writing by Knox and Sollecito so much easier.

Consider the ups-and-downs of the defense legal teams on the case,

It was clear in 2008 that her lawyers absolutely didnt like Knox speaking out, offering different versions that between them made her look distinctly guilty. They didnt like the anti-Mignini campaign run from Seattle and they publicly said so - when Mr Mignini was attacked by a main speaker at an event at Salty’s they actually spoke up and publicly defended him.

In December 2008 NBC TV aired an excellent Dateline report. The main legal talking head, Ted Simon, explained that this was a really tough prosecution case to beat, and that whacking down individual points of evidence would not win the case in the public eye (justice would not be seen to be done) and that only a complete alternative explanation of the crime would do.

At trial in 2009 the defense teams did what they could with a torrent of facts and two unpredictable clients. The cross-examination of Amanda Knox on the stand mid-year in the context of Patrick Lumumba’s alleged framing must have seemed a real low-point for them, as she came across as rather flippant and chilling, and she said a number of things that all defense lawyers would probably prefer that she hadn’t.

Through the publication of Judge Massei’s report the defenses seem to have been faced with an uphill battle.

In 2011 an experienced criminal-case judge was initially appointed to preside over the first appeal. But quite suddenly, to the surprise of many in Italy and the alleged unhappiness of the judge himself, he was removed from the case, and Judge Hellman was appointed in his place. 

Defence counsel would of course have had no role in that surprise change of lead judges for the first appeal, but from Day One of the appeal (spaced out to one session a week by Judge Hellman to suit one of them) the defenses seemed much happier.

The prosecution were now on occasion publicly hinting that they were now stuck with the uphill battle. The defenses now seemed the side energized and confident. But please note these three things which suggest that they knew they were not all-powerful.

    1)  They appealed on very narrow grounds, essentially on some witness testimony and a small part of the forensic evidence, and they kept well away from the multiple alibis, mobile phones and computers, and forensic evidence in the hallway, bathroom, and Filomena’s room.

    2) They never argued that Rudy Guede was the lone-wolf killer in the case (the surprise preference in his report of Judge Hellman) and even put their own witnesses Alessi and Aviello on the stand to in effect try to prove otherwise.

    3) Knox legal advisor Ted Simon was reduced to arguing on TV that there was no evidence of Knox and Sollecito IN the bedroom, while never accounting for the mishmash of alibis or all the mixed-blood and footprint evidence just outside the door.

As Dr Galati’s appeal and public opinion in the three countries are showing, the defences may have mostly won the second battle, with Judge Hellman’s interim verdict and sentence (Knox was still sentenced to three years), but they seem to be falling far short of winning the war for the two clients.

Now the defences again face an uphill battle.

So here we go. An opportunity for any good pro-innocence lawyer to help to win the war for Knox and Sollecito. Forget the forensics for now. I offer these several dozen questions for you and/or Amanda Knox which, truthfully answered, might put many concerns to bed.

I will be happy to post here any real attempt at answering all of these questions by any qualified lawyer who is thoroughly on top of the case - or of course any attempt by Amanda Knox herself.   

    1. Why did you not mention the 16 second 12.07 phonecall to Meredith’s English phone on the 2nd November in your e-mail?  When explaining why you made this call, please also explain why it was to the English phone rather than Meredith’s Italian phone which you knew Meredith used for local calls?

    2. Why did you not mention this call when you phoned Filomena immediately afterwards?

    3. Why did you make so little effort to contact Meredith again after being told by Filomena to do so. Remember the logged 3 and 4 second phone calls?

    4. Why did you tell Filomena that you had already phoned the police when neither you, nor Raffaele, had.

    5. Can you and will you explain the contradiction between your panic at the cottage (as described in the e-mail) and the testimony of all the witnesses who subsequently arrived that you appeared calm, detached and initially unconcerned as to your friend’s whereabouts or safety?

    6. Why did you tell the postal police that Meredith often locked her bedroom door, even when it came to taking a shower, when this was simply not true, as Filomena testified?

    7. Can you and will you explain why you did not try either of Meredith’s phones at the cottage if you were indeed in such a panic about Meredith’s locked door?

    8. Can you and will you explain how you knew that Meredith’s throat had been cut when you were not, according to the witnesses’s testimony, a witness to the scene in Meredith’s bedroom after the door had been kicked in and, with the exception of probably a postal police officer or the ambulance crew, no one had looked underneath the duvet covering the body when you were there?

    9. What made you think that the body was in the cupboard (wardrobe) when it was in fact to the side of the wardrobe? Were you being flippant, stupid, or what, when you said that? Do you think it just a remarkable coincidence that the remark bears close comparison to the crime scene investigators conclusions, based on the blood at the scene, that Meredith had been shoved, on all fours, and head first,  at the door of the wardrobe? She was then turned over on the floor and moved again. How did you know that there was any position prior to her final place of rest?

    10. Will you ever be able to account for the 12.47 pm call to your mother in Seattle ( at 4.45 am Seattle time)? Do you remember this now because it was not mentioned in your e-mail nor were you able to remember it in your court testimony?

    11. Why do you think Raffaele told the police – contrary to your own alibi that you had spent the whole time with Raffaele at his apartment – that you had gone out at 9 pm and did not return until 1 am?

    12. Did you sleep through the music played for half an hour on Raffaele’s computer from 5.32 am?

    13. Were you telling the truth when you told the court that you and Raffaele ate dinner some time between 9.15 and 11 pm? Can you not narrow it down a bit more? The water leak occurred, you said, whilst washing up dishes after dinner. Why then did Raffaele’s father say that Raffaele told him at 8.42 pm about the water leak whilst washing up dishes?

    14. What was the problem about using the mop, rags, sponges etc already at Raffaele’s apartment, to clear up a water spill? Why was the mop from the girl’s cottage so essential and if it was, why not collect it immediately since it was just a short distance away?

    15. Why, when you knew that you were going to Gubbio with Raffaele on the 2nd November, did you not take a change of clothing with you, if needed, when you left the cottage on the afternoon of the 1st?

    16. Why did you need a shower at the cottage when you had already had one at Raffaele’s apartment the previous evening?

    17. If you had needed one again why not have it at his apartment, in a heated apartment, before you set off, or on your return, rather than have a shower on a cold day, in a cold flat?

    18. Why did you not notice the blood in the bathroom, and the bloody footprint on the bathmat, until after your shower? If the blood you then observed was already diluted and faded, how do you explain this?

    19. Do not ignore your blood on the faucet. In your own testimony you said that there was no blood in the bathroom when you and Raffaele left the flat on the afternoon of the 1st.  What is your considered take on this now? Did your ear piercings bleed when having that shower or drying afterwards? If so, why were you not perfectly clear about the matter in your e-mail?  But then again you said that the blood was caked dry, didn’t you?

    20. Why did Raffaele say that, on entering the flat with you, Filomena’s door was open and he saw the damage and mess inside, but you said, in your e-mail, that Filomena’s door was closed when you returned at 10.30 am? Did you subsequently look inside on that occasion, or not? It’s just that if you did, then why did you not mention the break in to Filomena prior to you and Raffaele returning to the cottage?

    21. You are a creative writer so please explain. What is the point of the word “also” in the following extract from your e-mail? “Laura’s door was open which meant that she wasn’t at home, and Filomena’s door was also closed”.

    22. In your trial testimony you mentioned shuffling along the corridor on the bathroom mat after your shower. From the bathroom to your room.  Because there was no towel in the bathroom. You had left it in your bedroom. Then back again. Why is this not mentioned in your e-mail?

    23. In your e-mail you stated that you changed for your shower in your bedroom, and then afterwards dressed in your bedroom. That makes sense. What you don’t explain is why, if you towelled and dressed in your bedroom, there was any need to shuffle back to the bathroom on the bathmat. Why not just carry it back?

    24. But why, in the same testimony, did you then change your mind as to where you had undressed for your shower? Not in your bedroom - saying so was a mistake you said - but you did not say where. Some people might think, uncharitably, that your change of mind was necessary to incorporate the double bathmat shuffle.

    25. Were there any things that you disliked about Meredith? Be honest because we know from her English friends and other sources that there were things that she disliked about you.

    26. Why are pages missing from your diary for October?

    27. Once again, and this time so that it makes some sense, please explain why you permitted the police, on your say so, to believe that poor Patrick Lumumba was involved in Meredith’s murder.  Clearly, had you been at the cottage you would have known that he was not, and had you not been there you could not have known that he was.



There are actually over 200 open questions on this site, and I can think of others, but I consider these between them to be the core several dozen that relate to the quirks,contradictions, omissions and inconsistencies in Amanda Knox’s own account and behaviour. Answer all of these and in the public eye Amanda Knox really could be home free.


Tuesday, October 11, 2011

Excellent Sunday Times Report On The Many Killer Questions The Second Appeal Next Year Might Answer

Posted by Peter Quennell



[Rome: St Peter’s and Vatican in foreground; Supreme Court large white building in right background by River Tiber]


It really ain’t over until it’s over, and knowing the hyper-cautious Italian justice system, maybe not even then.

Now the drama moves to Rome.

Before any verdict and sentence in the case can become final, under Italian law and the constitution the verdict and sentence must be endorsed by the Supreme Court of Cassation.

If either the prosecution or defenses demand that issues be looked at by Cassation (as we know, the prosecution will) Cassation will do so, and it may punt the case back down to the first appeal court to re-examine questions or even run a complete re-trial at first appeal level.

At Cassation level the prosecution is likely to have at least five advantages.

    1) A confusing Hellman sentence report seems likely which won’t be able to dispose of the Massei and Micheli reports because the Hellman court did not re-examine all issues

    2) Cassation’s ruling on the final appeal of Rudy Guede which points to three perps, and Cassation’s general tendency to side with trial courts against first-appeal courts.

    3) The likelihood that only the prosecution will file issues for consideration by Cassation and not the defenses and so the prosecution will dominate all proceedings.

    4) Amanda Knox and Raffaele Sollecito and entourages seem unlikely to be there in person for the Cassation hearings or a retrial, and emotive factors would be less in play.

    5) The Italian media and Italian public opinion and increasingly UK and US opinion seem to be taking the position that the Hellman appeal decision was unsatisfactory.

Two days ago, the Sunday Times ran this fine analysis below by their reporter on the case, John Follain, of the open issues that will be facing Cassation and possibly again facing the lower appeal court. 

With a dozen books out John Follain has by far the largest and most impressive book publishing record of any reporter on the case.

Publishers Hodder and Stoughton have announced that his book Death in Perugia: The Definitive Account of the Meredith Kercher Case will be released first in the UK later this month - on 25 October.

KILLER QUESTIONS; The acquittal last week of Amanda Knox only deepens the confusion surrounding the murder of the British student Meredith Kercher. John Follain, who has investigated the case for four years, unpicks the evidence How could one man pin Meredith down and inflict those injuries?

By John Follain in Perugia.

They may have been coached to hide their true feelings, but the expressions of the judges and jurors were an open book. Surprise and shock registered on the faces of the appeal tribunal in Perugia as they watched a video taken by the forensic police who searched the whitewashed cottage where Meredith Kercher was murdered.

That summer’s day in the medieval, vaulted Hall of Frescoes was the pivotal scene of the 10-month appeal trial of Amanda Knox, 24, and Raffaele Sollecito, 26 — the moment that freedom suddenly became possible, if not probable, for the former lovers.

The rotund, bespectacled Stefano Conti, one of two specialists in forensic medicine appointed by the court to review two crucial traces of DNA evidence, gave a sardonic running commentary on the behaviour of the Roman scientific squad searching for clues in the cottage. They failed to use clean protective gloves to handle each item of evidence or biological sample, Conti pointed out. They passed Meredith’s bra clasp to one another before placing it back on the floor where they had found it. The officer who picked up her bra wore no gloves at all.

As the senior appeal judge, Claudio Pratillo Hellmann, recalled last week after acquitting Knox and Sollecito of sexually abusing and murdering Meredith, the DNA review was “the most difficult moment” of the trial.

“The prosecutors understood that their case was at risk, and it was at that moment that the trial became a battle with no holds barred,” he said.

The courtroom fight over this international cause célèbre ended with a sobbing Knox being rushed out by guards and flown home to a heroine’s welcome in Seattle.

But, far from resolving the mystery of how and why Meredith died, the acquittal has fuelled the unanswered questions over her fate. Are we “back to square one”, as Meredith’s brother Lyle said after the verdict? What are the mysteries still to be resolved? And will we ever know what truly happened? MEREDITH, a 21-year-old language student from Coulsdon, Surrey, was found lying virtually naked, her throat cut, in her bedroom in the house she shared with Knox and two other young women on the afternoon of November 2, 2007. “Case closed,” an overoptimistic police chief proclaimed just four days later.

The investigators thought Knox had handed them the keys to the mystery. Under questioning she placed herself at the crime scene on the night before the body was found. She had been in the kitchen, with her hands over her ears, she said, while Patrick Lumumba, a Congolese bar owner for whom she worked as a waitress, killed Meredith.

Police promptly arrested Lumumba, Knox and her boyfriend. But Knox later went back on her testimony, insisting she had been with Sollecito at his flat all night.

Investigators were forced to release Lumumba after witnesses testified he had been working at his bar on the night of the murder. Knox and Sollecito stayed behind bars.

Forensic evidence then prompted the arrest of another African immigrant, Rudy Guede, an Ivory Coast drifter. Part of his palm print was on a cushion under Meredith’s body, his DNA was in her body where he had apparently groped her sexually, and his DNA was mixed with hers in drops of blood inside her shoulder bag.

The prosecutor, Giuliano Mignini, accused Guede, Knox and Sollecito of killing Meredith when she resisted their attempts to force her into a sex game.

Certainly, there appeared to be compelling evidence that Knox was lying. She had tried to frame Lumumba. The defence now claimed that an intruder had broken into the cottage and attacked Meredith; but the break-in had clearly been staged. Amateurishly, a room had been ransacked before the window into it was smashed — the glass lay over the strewn clothes instead of under them. Was this to cover Knox’s tracks? There were mixed traces of Knox’s and Meredith’s blood in the bathroom and another room. Bloody footprints had been left by Knox and Sollecito in the bathroom and in the corridor. Knox had behaved bizarrely at the police station after the murder, kissing and caressing Sollecito and doing yoga exercises. Sollecito had said he spent much of the murder night on his computer, but this was disproved by experts.

Still, this was all circumstantial evidence rather than proof. The Rome forensic police came to the rescue of the prosecution team. They reported that Meredith’s DNA was on the blade of a kitchen knife found at Sollecito’s flat — and Knox’s was on the handle. This was believed to be one of the murder weapons.

Forensic pathologists said Meredith’s wounds had been caused by two knives, pointing to more than one killer. The team from Rome also reported that Sollecito’s DNA was on Meredith’s bra clasp. (Only much later would it emerge that the police had retrieved this from the bedroom floor a full 46 days after first spotting it.) The case rapidly became a sensation. The prime suspect was an intelligent and alluringly pretty American, only 20 at the time, who, reporters joyously discovered, had been nicknamed “Foxy Knoxy” back home in Seattle. That this was for her skills on the soccer pitch was lost in the rush to find out more.

Dozens of witnesses and expert consultants passed through Perugia’s Hall of Frescoes during the first trial, which lasted for much of 2009.

Knox was portrayed by the lawyer for the bar owner, Lumumba, as an unscrupulous and manipulative she-devil, and by her defence team as “a wholesome girl” wrongly accused.

The prosecution case was that Kercher, a hard-working young woman from a modest background, had become exasperated by Knox’s slovenly and promiscuous behaviour as a housemate.

She had remarked to her father that “Amanda arrived only a week ago and she already has a boyfriend”. She told friends that Knox left a vibrator and condoms in the bathroom and brought “strange men” to the cottage. Investigators leaked Knox’s diary, in which she had listed seven sexual partners, three of whom she had slept with after her arrival in Italy, including a man she had met on the train on her way to Perugia. On Facebook she had put down as her interests: “Men.” Unable to prove exactly what had happened on the night of the murder, Mignini offered a plausible scenario based on Meredith’s 43 knife wounds and bruises.

He suggested that an argument between Meredith and Knox escalated when Guede and Sollecito joined the American “under the influence of drugs and maybe of alcohol” in trying to force Kercher into a heavy sex game that ended in murder. The sensational 11-month trial ended in guilty verdicts and jail sentences of 26 years for Knox and 25 years for Sollecito.

Some months later, in August 2010, I met Knox briefly in Capanne women’s prison, which is a short drive from Perugia. She had cut her hair and looked younger and more frail than during her trial. She wore a red Beatles sweatshirt, black leggings and silver nail varnish.

When I arrived, she was pushing a trolley down a corridor.

A guard explained that her job was to collect orders from other prisoners for small goods they could buy: newspapers, cigarettes, coffee, magazines and — at that time of year — strawberries. We were allowed to talk for only a few moments, but a guard told me: “She’s pretty well. Amanda’s confident that the future will bring freedom for her. She doesn’t break down in tears. It’s nothing like the night of tears after the verdict, when we had to comfort her.”

I was told she had been reading — in Italian — the 427-page summary by the two judges at her trial, who had dissected the inconsistencies in her evidence.

This summary included the judges’ own reconstruction of what might have happened on the night of the murder, based on the evidence that had been put before them.

They suggested that Knox, Sollecito and Guede had arrived at the cottage at about 11pm. Knox and her boyfriend had gone to her bedroom to have sex, and, excited by a situation “heavy with sexual stimulus”, Guede had walked into Kercher’s room wanting to have sex with her.

Kercher rejected him — she was tired, and had a new boyfriend anyway — but Knox and Sollecito intervened to assist him. According to the judges, they were probably drugged on hashish and seeking “erotic sexual violence”. Forcing Kercher to yield to Guede was a “special thrill that had to be tried out”.

They suggested Sollecito cut Meredith’s bra with a small knife he always carried — collecting knives was a hobby. As Guede sexually assaulted Kercher with his fingers, Sollecito stabbed her in the neck. Kercher screamed — a neighbour heard her — and Knox stabbed her in the throat with a kitchen knife, the judges argued. She took several minutes to die as she inhaled her own blood.

THAT was the lurid and damning case that Knox had to fight when she returned to the Hall of Frescoes last November for her appeal.

Her demeanour had changed. Gone was smiling and self-confident “Foxy”, whose manner may have helped secure her conviction. After three years in prison, Knox was much more demure.

The appeal hearing began auspiciously for her when the deputy judge remarked: “The only certain and undisputed fact is the death of Meredith Kercher.”

The comment prompted prosecutors to complain that the court had already made up its mind, but it was a portent of what was about to be revealed.

The appeal court’s decision to grant a defence request for an independent review of two items of DNA evidence — the kitchen knife and the bra clasp — proved devastating for the prosecution’s case.

The two experts — Conti and Carla Vecchiotti, from La Sapienza University in Rome — said the DNA trace on the knife blade could not be attributed to Meredith because it was too slight. They said Sollecito’s Y chromosome was on the bra clasp, but it could have been the result of contamination by police mishandling of the evidence. From then on, the prosecutors fought a losing battle to discredit Conti and Vecchiotti.

Outside the courtroom the Knox camp’s media offensive exploited the experts’ conclusions.

Knox’s family — her mother, father, stepfather and friends — had come well primed for battle. Homes had been remortgaged and funds raised.

With the help of a PR company in Seattle, they dominated prime-time shows on the leading American TV networks, dramatically influencing public opinion there — so much so that the prosecutor Mignini thundered in court that he had never seen a convict hire a PR firm to prove her innocence.

Mignini himself was a key target. In what appeared to have been a turf battle with prosecutors in Florence, he had been given a suspended 16-month prison sentence for abuse of office after tapping the phones of police officers and journalists in a separate investigation into a serial killer. It was a reflection of the fragmented and politicised condition of the Italian justice system.

The prosecutors tried but failed to switch the focus away from the forensic evidence by introducing Guede, the third party to the murder. He had been prosecuted separately because he had opted for a “fast track” trial that offers a lighter sentence as an incentive. Jailed for 16 years for murder, he had appealed to the Supreme Court in Rome — Italy’s highest court — which confirmed his conviction, ruling that Guede had sexually abused and murdered Kercher with “unidentified accomplices”.

This was an insight into the mystifying processes of Italian law. How could justice be served by trying Guede separately? Why had he not been brought to give evidence at the first Knox trial? Why were his accomplices “unidentified” when Knox and Sollecito had been convicted of joining him in the murder? The answers lay in the fact that his supreme court appeal started just after Knox’s appeal began in Perugia — and the two cases overlapped, a bizarre way of seeking out the truth.

Once Guede’s Supreme Court appeal had been dismissed he was summoned to the witness box in Perugia, where his contribution was damning yet so limited that it did not sway the judges and jury.

Rather than taking him through the events of the killing, Mignini read out a letter in which Guede had written of “the horrible murder of a ... wonderful girl by Raffaele Sollecito and Amanda Knox”. Challenged by one of Knox’s lawyers, Guede stood by the letter, saying: “It’s not as if there is my truth, and the truth of Tom, Dick and Harry. What there is is the truth of what I lived through that night, full stop.”

A lawyer for the Kerchers detailed the injuries Meredith suffered, arguing it would have been impossible for Guede to hold her down, sexually assault her, try to suffocate her, try to strangle her and wound her with more than one knife.

But it was too late. The appeal panel of judges and jurors had made up their minds. A juror confided after the “not guilty” verdicts had been delivered that the court had decided to acquit because of doubts over the forensic evidence, and because it saw no motive for the murder.

Pratillo Hellman explained: “To convict, the penal code says you have to be persuaded beyond every reasonable doubt. The smallest doubt is enough to not condemn.”

But he added enigmatically: “Maybe Knox and Sollecito know what happened that night, because our acquittal verdict stems from the truth which was established in the trial. But the real truth can be different. They may be responsible, but there isn’t the evidence… So, perhaps they too know what happened that night, but that’s not our conclusion.”

The judge’s comments earned him a new nickname, which investigators texted to each other delightedly: “Pontius Pratillo”, after Pontius Pilate, who washed his hands of responsibility for the execution of Jesus Christ.

The prosecution scored one potentially significant victory. The court found Knox guilty of slandering the former bar owner Lumumba by initially claiming he had killed Kercher. It sentenced her to three years in prison, but released her as she had spent almost four years behind bars.

“That’s absurd, absurd,” Mignini fumed. “Knox accused Lumumba to throw the police off her tracks. Why else would she accuse him?” IN PERUGIA, at least, the prosecution can count on overwhelming backing. After the verdict, a crowd several thousand strong massed outside the courts, amid jeers at defence lawyers and chants of “Assassini, assassini!” (murderers, murderers) and “Vergogna, vergogna!” (shame, shame). In bars across the picturesque city, and on the main cobbled street, Corso Vannucci, many dissected the case for days afterwards — the consensus was that Knox and Sollecito were at the cottage when Meredith died, but no one agreed on what role they played.

For the Kercher family no outcome could have been more bewildering. As Knox flew home, Meredith’s mother Arline, her brother Lyle and her sister Stephanie spoke to me.

“It almost raises more questions than there are answers now,” Lyle said, “because the initial decision was that [the murder] wasn’t done by one person but by more than that. Two have been released, one remains in jail, so we’re now left questioning: who are these other people or person?” Did they believe that Knox and Sollecito were guilty? “In a way we have to believe what the police say because they are the ones compiling the evidence,” Arline replied. “We haven’t a clue. I think that’s what he was saying. It’s the police — it’s their job.”

“It’s difficult for anybody to make a valid opinion on any case, not just this one, unless you’re a trained expert,” Lyle echoed. “There are forensics, detectives, psychological profilers and so on, who are trained to do this and read the information and draw the hypotheses from that, which of course no lay person really is. So if that’s the conclusion they come to, then we’re happy to stand by that.”

“We have to accept, don’t we, just like now we have to accept this,” Arline said.

“And that’s why it’s so disappointing, because we don’t know,” Stephanie added.

It is not over for the Kerchers.

Last week’s acquittal is far from the last word on the case. The judges have 90 days to draft a report explaining the reasons for the verdict. Then the prosecution and the defence will have a further 45 days to lodge a new and last appeal. Only rulings by the Supreme Court are considered definitive in Italian justice.

Guede’s lawyers said he would appeal for a new trial if the Supreme Court confirmed Knox’s acquittal — on the grounds that it would contradict the Ivorian’s conviction for killing Meredith alongside unidentified accomplices. “So I’m supposed to be Meredith’s only assassin?” Guede is reported to have told a prison visitor. “I’m supposed to have struck that poor girl with a knife 40 times? I confessed my responsibilities and I accused those who were in the house with me.

“I’m in prison, and the others are free and happy at home. If it wasn’t them in the house that damned evening, who are the other accomplices supposed to be? The money made available to Amanda and the media strategy helped to free her.”

Many investigators and lawyers admit privately that the Italian judicial system may simply never come up with a full and convincing explanation of Meredith’s death.

Italian justice is agonisingly slow. Judges and lawyers attend several trials in the same week, with the result that the appeal trial saw 20 days of hearings over no fewer than 10 months. It is also full of safeguards for defendants, including long preliminary hearings enshrined in the post-war constitution to eradicate the caricature of justice delivered by the courts under Mussolini.

Many of the most notorious cases in Italy’s post-war history have yet to be resolved in court. Silvio Berlusconi, the billionaire prime minister, is embroiled in a string of corruption, fraud and sex offence investigations and trials, and claims that leftist prosecutors are plotting to oust him.

This week Berlusconi will push through parliament a bill banning publication of phone and other intercepts before a case reaches trial — a measure that has become a priority for him, as investigators are expected to release within a few weeks dozens of intercepts of reportedly embarrassing conversations between Berlusconi and a convicted drug dealer.

In such a climate Italian justice itself is on trial. The truth of what happened to Meredith Kercher may emerge one day, but it’s no safe bet that it will do so in an Italian court of law.


Friday, October 07, 2011

US And UK Media: Make RS & AK Answer The HUNDREDS AND HUNDREDS Of Open Questions

Posted by The TJMK Main Posters





It seems Judge Hellman has begun sweating.

Maybe Judge Hellman already sees as much of the Italian public and commentators do that he’ll have a REALLY tough time answering all the open questions in his December sentencing report as he is required to.

Constitutional requirement of Ministry of Justice never met?

That so many questions exist but are not generally even known about, especially in the US and UK, is because a key requirement of the usually very careful Italian justice system seems to have been (illegally) ignored.

The key requirement is built into the justice system by the Italian constitution. It is that trial and appeal sentencing reports MUST be made available to the maximum extent, so that the general public (usually only the Italian public) can readily check on the legitimacy of trial outcomes.

Italy is the only country in the world that has that public check and balance on trials.  Under that requirement, if it existed in the US, Barry Scheck of the US’s Innocence Project would likely find that most of the travesties of justice his team uncovers would never have happened in the first place.

Here is how things are meant to work. 

Back when the Micheli Report on the Rudy Guede sentence was released in January 2009 with Judge Micheli’s reasons for remitting Knox and Sollecito to trial it was released in THREE formats.

    1) It was released digitally (in a Word Doc) to the media with the one requirement that it not be posted in full. We translated most of our copy and posted an extensive summary (scroll down) in English in four parts (three by Brian and one by Nikki) in September 2009.

    2) It was released in printed document form by the Ministry of Justice in Rome and anyone in Italy could buy a copy.

    3) It was also posted on the website of the Ministry of Justice in text and Acrobat document format. It appears that this Internet version was checked out by hundreds of thousands and quite possibly even by millions.

Now when the Ministry of Justice in Rome released the Massei sentencing report for Knox and Sollecito (links at top of this page) in March 2010, they released it in only ONE format.

The Ministry of Justice released it ONLY on paper, and it was obtainable ONLY by the press and by those in the general public who managed to figure out how to buy a copy of the book-sized document from the Ministry.

To our knowledge the Ministry of Justice never ever posted the required Internet version.

The effect of this serious and seemingly illegal shortfall by the Rome Ministry has been that even in Italy few people have ever read the Massei Report. The number of Italian readers might be only in the hundreds and at most in the low thousands. Way, way less than ever read Micheli.

As a result only very few people in Italy may have ever realized how powerful, logically complete and conclusive that report is. Probably few or no peers of the lay judges in Perugia have ever read it. The most important document in the entire case is essentially unread.

In August 2010 a PMF team finished translating the Massei Report and made available the Masssei report in English in Acrobat format on the PMF forum and on TJMK.

In June 2011 Skeptical Bystander and a PMF team posted a Massei summary in text on TJMK and PMF.

This English language version has been downloaded close to 30,000 times and there are many people in the US and UK who are very well informed on the conclusions.  Every lawyer we know who has read the report has agreed that it arrived at the right conclusions. Many say and several do right here in these posts (scroll down) that the case would have been way more than enough for a US or UK conviction.

A slam dunk in effect. Evidence overkill.

But few of the busy people in the US and UK media have read the Massei Report and no one in the media to our knowledge has extensively analyzed or quoted from it. None of the books out so far go into the Massei Report in depth.

WHY did the Italian Ministry of Justice fail to fully distribute the Massei Report, and in particular not post it on their website? And is the Supreme Court of Cassation aware of this huge shortfall in its distribution?

This is such a serious mistake that our Italian lawyers believe that the Supreme Court or even the President of the Republic of Italy if he is petitioned could throw out the entire Hellman proceedings, verdict and sentence.

The hundreds and hundreds of open questions

Arising from the Massei Report are literally hundreds of questions for the released defendants and their teams. They have been around since early 2010. The defense teams and PR campaign have never ever tried to answer these questions, or for that matter to produce a convincing alternative scenario that hangs together implicating Guede but not Knox or Sollecito.

Here are four lists of the many, many outstanding questions.

Here from the Daily Beast are those ten questions with the Beast’s annotations showing how they are STILL unanswered:

1. Why did you and Raffaele Sollecito turn off your cell phones at the same time the night of Nov. 1, 2007, and on again at the same time the next morning? You told the police that you and Raffaele slept late the morning of Nov. 2, 2007, but phone records show that you both turned your phones back on very early that morning. How could that be? This question was never addressed fully in the appellate process except when Giulia Bongiorno for Sollecito said that perhaps the cat stepped on the phone and turned it on. At that time the prosecutor Manuela Comodi quipped, “I’ve got a dog and he has never done that.”

2. Why were you bleeding? Your lawyers agree with the prosecution’s findings that at least one of the spots of Meredith’s blood found in the house where she was killed had your blood mixed with it. Your mother told me that you had your period. Your stepfather told others that your ear piercings were infected. Which was it? Even if this mixed blood drop is contentious in its genetic makeup (all blood or blood mixed with DNA), the appellate court was shown a picture of a drop of blood attributed entirely to Knox on the faucet.

3. Once you realized your mistake in blaming Patrick Lumumba for Meredith’s murder, why didn’t you tell the authorities? You told your mother that you felt bad about it, so why didn’t you alert an official so Patrick could be set free?

4. Why did you go with Raffaele to the police station on Nov. 5, 2007? You were not called in for questioning. Did you realize at that time that you were both under suspicion?

5. Why weren’t your and Raffaele’s fingerprints found in your house after the murder if the two of you had spent time there that morning and the day before? Only one half-print on a glass in the kitchen has been attributed to you, yet you have claimed that you took a shower there that morning. How did you spend so much time there and leave virtually no trace? Much of the crime scene has since been determined to have suffered from sloppy investigative work, meaning the absence of fingerprints in any room of the house may be due to that rather than any sort of cleanup.

6. Why did you take the mop and bucket from your house over to Raffaele’s house? You told the prosecutor during your testimony in June 2009 that you took the mop and bucket to his house to clean up a leak under his kitchen sink. But by your own testimony, the leak was minuscule and could have been easily cleaned up without it. What were you really doing with the mop?

7. What would you do differently if you had a chance to rewind the clock back to Nov. 3, 2007? Would you go to the memorial service for Meredith? Would you still have gone to the police station with Raffaele? Would you have left for Germany when your aunt asked you to?

8. What do you think happened the night Meredith was killed? You have professed your innocence. Who do you think killed her and under what circumstance? Your supporters say Rudy Guede was the lone killer. Do you agree? Or do you think there are still others out there who were involved in your roommate’s murder?

9. What do you really think of the Italian justice system? You told an Italian parliamentarian that you got a fair trial, and you even thanked the prosecutors for trying to solve the mystery of Meredith’s death, but your supporters at home in Seattle maintain that the Italian system is corrupt and unfair. In your appellate hearing you said you lost faith in justice and the police. Now that you are out, what do you really think of the system that has both convicted and acquitted you?

10. Is there anything you wish you would have said in court during your (initial) trial (in which you were convicted)? You talked about your vibrator and about how you did not want an assassin’s mask forced on you. But in your final appeal after the closing arguments on Dec. 4, 2010, why didn’t you say the words, “I did not kill Meredith Kercher”? Raffaele did when it was his turn to speak. Why didn’t you? You have said on many occasions during the appellate trial that you did not kill her and you have never hurt anyone. This question has been addressed with your denials. What about the rest?

Judge Hellman may be able to answer all of these unanswered questions AS HE MUST under Italian law in his sentencing report. He cannot simply address points defense raised about small parts of it. He must be able to explain the totality of the evidence or his report risks being thrown out by Cassation and a retrial at the first appeal level ordered.

Possibly Judge Hellman might be able to achieve this. But why do we seriously doubt it?


Friday, May 27, 2011

Questions For Knox and Sollecito: Address These Several Hundred On The Hard Evidence

Posted by The TJMK Main Posters





These questions were first addressed to Rocco Girlanda, the pro-Knox Member of Parliament. who came up empty-handed.

This Open Letter to Rocco Girlanda was first posted and sent to him in English on 9 November 2010. Six-plus months later, no response. We are now reposting it and mailing it in Italian, as Italian media and opposition MPs are interested in asking him these same questions.

Mr. Rocco Girlanda
Parliamentarian for Gubbio in Umbria
Chamber of Deputies
Parliament of Italy
Rome, Italy


Dear Mr. Girlanda:

Questions Concerning Your Hurtful Behavior Toward The Family and Friends Of Meredith Kercher

And Also Concerning Your Ethics, Your Politics, Your Legal Behavior, And Your Personal Behavior

Your book Take Me With You – Talks With Amanda Knox In Prison” is leaving readers with a number of disturbing questions as to your motives, timing and interests in writing the book and publishing it at this time.

These questions concern whether your book - or at least its publication right now, directly before the important first level of appeal - is in fact very unethical, and they also concern the appropriateness of the nature of your relationship with Miss Knox.

In order to put these these questions to rest, we are sure that you will be eager to know what they are, and to respond to them in your best way possible. We’d be pleased if you would reply to us through our return address, or - given the public nature of this discussion - email it for posting directly on the TJMK website.

Here are the questions we have assembled. Again, we thank you in advance for your replies:

  • Do you believe in the separation of the executive, parliamentary and judicial branches of government? Since you are a parliamentarian (and, in particular, a member of the judiciary committee), do you think that the publishing of your book at this time could be seen as being inappropriate, given the calendar of Amanda’s appeal for her murder conviction, as well as the ongoing trial for slander (for having accused the Perugian police of hitting her during questioning)?

  • When you visit prisons in your role as a parliamentarian, what is your main objective: perform an independent check and control over prison conditions, or befriend prisoners? After how many visits to Capanne prison did you realise that you had established a friendship with Miss Knox? How often do you visit prisons in Italy? Which other prisons have you recently visited? Do you visit men’s prisons? Do you regularly give gifts to prisoners, like the books or the computer you gave to Amanda? If you consider that the computer was not a personal gift but rather from the Italy-USA Foundation of which you are president, which other American prisoners in Italian prisons have received such gifts? Which criteria does the Foundation follow in deciding who receives gifts? (for example, prisoners who have expressed repentance, or prisoners who have to use free legal aid due to financial penury, or prisoners who contribute to awareness programs to help others avoid similar crimes in the future ....).

  • As president of the Italy-USA Foundation, you have expressed concern that this case has strained relations between the two countries. Have you spoken with the US Embassy in Rome about your concern?  Within the framework of Italian-US relations, are there any other issues which you think come close to your-perceived significance of Amanda’s involvement in murdering Meredith Kercher? (for example:  Italy’s middle east policy concerning talks with Palestinian organisations, or discussions about the acceptance by Italy of Guantanamo inmates, or the ongoing state of Fiat-Chrysler relations and investments, or the rooting out of organised crime, or even Berlusconi’s joke about Obama being handsome and suntanned?)



[Above: the village of Gubbio to the north-east of Perugia which Rocco Girlanda currently represents]

  • In your over 20 parliamentary privilege meetings with Amanda Knox, did she ever act in a bizarre manner, like performing cartwheels for you? Why didn’t you ever ask her about her murdered roommate, Meredith Kercher or in general about the crime? Can your book really be of any interest to anyone if it only contains bits and pieces of poetry and banal conversation, without linking Amanda to the case which has put her into jail? How can your book come close to one of its supposed objectives - that of trying to understand how a young person could be involved in a violent crime such as that of Meredith Kercher’s murder - it you make no reference to the crime?

  • You have stated that you have daughters similar to Amanda Knox. In what ways are your daughters comparable to Amanda? Studies? Personal life and use of drugs, or social habits with the opposite sex? Some other way?

  • Amanda wrote you a letter (amongst others) on 7 August 2010, where she tells you in Italian, “The only thing I can show you is my gratitude for your friendship and your support.” What is the extent and what are the characteristics of this friendship and support? Is Amanda’s gratitude one-sided, from the perspective of an emotionally weak prisoner who becomes dependent on any stranger who shows her the slightest kindness, or do you mutually share this friendship which she describes, between the two of you? Do you know if Amanda’s Italian legal team are aware of the extent of your friendship? Do you think that your friendship may actually somehow complicate her legal situation and strategy?

  • You describe an affectionate hug between you and Knox: “I blush. She holds me, I hold her. It’s a never ending embrace, without a word. If I said I didn’t feel any emotion I would be lying. Maybe my face reveals that.” is what was quoted in the Daily Mail. Have you ever told a priest, psychologist, psychiatrist, social worker, drinking buddy or your wife about your physical contact with Amanda and your nocturnal dreams which involve her? If so, what advice have they given you?

  • Did you attend any of the Knox-Sollecito trial sessions over the course of the year that it was held? (it would have been easy: you could have taken advantage of visits to your parliamentary constituency, just as you have found it easy to visit Amanda in jail). Are you familiar with the evidence? Are you aware that there are two other persons convicted for the same crime together with Amanda? Do you know if - like her - they write poetry and want to be parents when they are freed from prison (a number of years from now)? Do such desires for life under regained freedom make any convicted prisoner less guilty of the crimes they have committed?

  • Do you feel that there were any specific errors or problems with the investigation in this case which you believe may contribute to an incorrect verdict and sentence for the three suspects? Did Amanda get a fair trial compared to any other similar crime investigation and legal process in Italy?

  • Are you able to offer an explanation as to why not once have the Kerchers and their lawyer, Francesco Maresca, ever been worried about the trial outcome? After three years, why is it that Francesco Maresca still has no worries and is confident that the convicted will lose their appeals?


[Above: Mr Girlanda with images of herself by Amanda Knox released about simultaneously with his book]

  • Do you believe that any of the investigation or judicial officials involved in this case are corrupt, or that any type of corruption played a role in their activities? Don’t be shy, please identify those who did wrong amongst Prosecutor Giuliano Mignini, Prosecutor Manuela Comodi, Judge Claudia Matteini, Judge Paolo Micheli, Judge Giancarlo Massei, Judge Beatrice Cristiani, the six lay judges, Appeals Judge Emanuele Medoro, Homicide Chief Monica Napoleoni, Inspector Rita Ficarrra, DNA expert Patrizia Stefanoni, or any other person involved in this complex case. Was there a conspiracy of corrupt officials who directed an evil campaign against an obviously innocent girl with no real evidence against her?

  • As a followup to the prior question, do you know that not one credible international attorney or professor of comparative criminal law and procedure has taken the defense of Amanda Knox, claiming injustice in the Italian judicial system? Do you agree that the Italian criminal system is fair, balanced and completely pro-defendant?

  • Do you know that Italian citizens constantly complain of their relaxed criminal laws and that criminals are constantly set free even after being sentenced on appeal while waiting for the confirmation of the Cassation Court? For example, little Tommy would still be alive if Mario Alessi had been kept in prison after being convicted on appeal for raping a minor. As a politician, don’t you think the law should be changed by keeping violent criminals in jail after being convicted on appeal, in order to guarantee the security of the citizens of the country you represent?

  • Do you know that the Italian attorneys of Amanda Knox don’t approve of this media propaganda perpetuated by the Knox-Mellas clan, that seems intent on spreading falsehoods and misinformation, while at the same time blaming an entire country (the one you represent in parliament) for an alleged “wrongful conviction”?

  • In promoting your book, you have stated that during your more than 20 meetings with convicted murderer Amanda Knox, a “friendship” has grown. Would you classify that as a friendship of convenience or a friendship based on caring for the interests of the other? We ask that because it truly shocks us that Knox’s Italian legal team was humiliated, and Knox herself was deprived professional legal advice and support through the publication of your book without it being vetted by her lawyers.  “She is very worried,” said Knox’s lawyer Luciano Ghirga, declining to comment on the book which he said he has not seen. “She is not at her best. She is very worried” ahead of the appeal, he added. Although the book will likely change little in Knox’s legal predicament, I would have thought that a “friend” who was also a law-maker would realise the importance of consulting the other friend’s lawyers concerning the possible fallout of a personal literary initiative such as yours.

  • Do you know that the American Embassy has followed this case from day one and reported to the State Department? Do you know that the Embassy stated that the trial was fair? Do you know that the State Department never expressed concerns about the outcome of the trial?

  • Do you know that the only American politician that once spoke out regarding this trial was Mrs. Maria Cantwell from Seattle when she asked Mrs. Clinton to verify if Italy is a third-world country with a barbarian criminal system and if Amanda Knox was sentenced only because she is an American citizen?

  • How did you and your associate Corrado Maria Daclon prepare his list of contacts that he met with in his trip to Seattle when you were writing your book? Did some person or persons arrange for meeting with these contacts? Was this person associated with the Knox-Mellas Entourage?

  • Have you ever read the 430-page Sentence Motivation Report (“Dispositivo Della Sentenza Di Condanna”) written by Judge Massei who presided over the Knox-Sollecito trial?  Do you know that there is overwhelming evidence against Amanda Knox and that the information spread out by the expensive PR team, hired by the Knox family, is neither a complete nor trustworthy story?


[Above: Giulia Bongiorno. Concern that Rocco Girlanda has gone way beyond what is appropriate to his parliamentary privilege to visit prisons “to inspect conditions” is further inflamed by his presence on the Italian parliament’s Judicial Committee. This committee, amazingly, is presided over by Raffaele Sollecito’s lead defense lawyer: Giulia Bongiorno. Is Giulia Bongiorno turning a blind eye to Mr Girlanda’s extraordinary number of visits, which seem highly abusive of his privilege, and exceed the quota of any family member?]

  • Do you know that the vast majority of Americans have no idea of who Amanda Knox is? For example, if you look at the number of hits on videos posted by the Knox clan on YouTube, you would discover that few hundred people have visited the site. Also, do you know that the vast majority of Americans that have heard about this case think she’s guilty?

  • Do you know who Steve Moore is? As President of the of the Italy-USA Foundation, do you, Mr. Girlanda, approve the insulting assertions of Mr. Moore when he says that the Italian police questioning of Amanda is typical of a “third world country”? That is was “something close to water-boarding”? Do you know that Steve Moore said that Amanda’s accusation of Patrick Lumumba, an innocent man, was “recanted by Amanda as soon as she had gotten some food”? Do you know that this weird individual said that “the court of final appeal is going to be the press. It’s going to be the public”?

  • Have you ever read or seen Steve Moore on American national television? Do you know that he has been interview by all major American television news stations, spreading falsehoods and misinformation? Do you know that Mr. Moore has been accusing Italy as a whole as been responsible for what he calls a “wrongful conviction”, in a “railroad job” by a “psychopathic prosecutor”? Do you agree with him?

  • Of the crime scene, Steve Moore said that “there was blood everywhere. There were foot prints, fingerprints, palm prints, hair, fluid samples, DNA of just one person: Rudy Guede”. Do you know that Rudy Guede left very little evidence for someone who has admitted been there and touching everything? Do you know that Guede left no hairs, no saliva, no sweat, no blood, and no other bodily fluid at the scene of the crime? Do you know that Amanda Knox and Raffaele Sollecito left plenty of DNA evidence and footprints all over the crime scene? Do you know that Steve Moore is telling falsehoods? Do you know that the motivation report clearly explains, without a minimal doubt, that more than one person was present during the murder of poor Meredith? (Please do read Judge Massei’s report)

  • Steve Moore says that the interrogation of Amanda Knox at the police station “was the most coercive interrogation I have ever seen admitted into a court in the last 20 years”. Do you know that the interrogation at the police station on the evening of November 5, 2007, before the arrival of the prosecutor, was just 1 hour and 45 minutes and that Amanda was treated like any other witness that had just been caught lying?

  • Have you ever visited Raffaele Sollecito or Rudy Guede in jail and are you planning to write a book on them as well?

  • We have just heard that the bound edition of your Amanda Knox book has been pushed by the conservative publisher at least as far away as next spring. Could this be cold feet on the part of your publisher, who may not want to be associated with the public relations campaign of a convicted killer? Or of a disaster in terms of predicted sales? Your agent Patrick King seems in a furious rush now to get the book out one way or another for Christmas .... who on earth would want to give a Christmas gift to a friend or loved one which is composed of bizarre sweet talk with a convicted murderess?

  • Are you even slightly aware of the deep hurt which you have caused to the Kercher family and Meredith’s many friends with your book? Do you know that some persons with great sympathy for them have words for you like “a pretty cruel heartless bastard”?

Finally, Mr. Girlanda - and we thank you for your patience in responding to these questions, which many concerned Americans and non-Americans have helped us compile - you have indicated that the proceeds from the sale of this book will go to the U.S.A.-Italy Foundation of which you are president.

If this budget injection is not used to make gifts of additional computers for more American prisoners in Italian jails beyond Amanda Knox, would you please consider applying part of the book proceeds to the new scholarship that the Perugia city council has established together with the University for Foreigners, in memory of Meredith Kercher?

It would be a wonderful gesture which would respond positively to those many Americans and non-Americans who are concerned that Amanda Knox’s conviction for the murder of Meredith should not be spinned into a money-grubbing show-business performance, where the only victim of this case - Meredith - is forgotten, and instead through some sort of twisted publicity campaign, one of the guilty parties is converted into a sympathetic Mother Theresa who escapes fully responding for her crimes.

The original of this letter in English and Italian has been emailed and sent in hard copy to your office in Rome. We greatly look forward to your various responses and will be happy to post them in Italian and English here. 


Very many thanks in advance from people all over the world who are seeking true justice for Meredith

Signed in the original for the Main Posters Of TJMK
Who include a number of American and Italian lawyers


Sunday, May 08, 2011

Questions For Knox: 15 Questions That Drew Griffin On CNN Tonight SHOULD Have Asked

Posted by The Machine




Drew Griffin’s CNN report on Amanda Knox (replete with dozens of basic errors) can be read in transcript here.

Welcome to migrants from CNN. If you want to form a seriously fact-based opinion, please read this group of posts and especially the one by the very smart lawyer SomeAlbi at the top.

Amanda Knox’s family and friends are notorious for running a mile rather than ever facing any hard questioning. This is unique in crime reporting on American TV where strong suspects and convicted felons otherwise invariably get roasted - heard of CNN’s own Jane Velez Mitchell and Nancy Grace?

So it’s a pretty safe bet that we have got right in advance (see previous posts below) what Drew Griffin’s report for CNN will be like.

It will undoubtedly be very biased and one-sided, with the vast majority of the interviews featuring members of Amanda Knox’s family and supporters being tossed a number of soft ball questions.

The program will no doubt shamefully try to manipulate the emotions of the viewers, with the seemingly obligatory footage of Edda Mellas crying and numerous images of Amanda Knox as a baby and child. None of this has anything to do with the evidence that led to her unanimous conviction.

And it will babble on ignorantly about Mr Mignini without an ounce of impartial investigation..

Don’t expect to see any images of Amanda Knox that undermine her carefully crafted girl-next-door image. Such as the footage of her kissing Raffaele Sollecito outside the cottage whilst Meredith’s mutilated body was still inside, and such as the CCTV images of Knox laughing and kissing Sollecito in the boutique as if she didn’t have a care in the world.

I have listed below a number of tough questions that Drew Griffin should, but its a very safe bet won’t, ask Amanda Knox’s family. First, a couple of vital context facts.

1. The various alibis

Amanda Knox and Raffaele Sollecito both gave at least three different alibis, all of which have turned out to be false. Nobody has ever provided a plausible innocent explanation for the numerous lies that Knox and Sollecito told before and after 5 November 2007.

Amanda Knox told Filomena that she had already phoned the police. Knox’s mobile phone records proved that this was untrue.

She 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.

And in her email to friends in on 4 November 2007, Amanda Knox says she called Meredith’s phones after speaking to Filomena. Knox’s mobile phone records prove that this was untrue and that she had called Meredith’s phones first.

Question for Knox: Why did Amanda Knox lie to Filomena and the postal police on 2 November 2007 and to her friends in her e-mail on 4 November 2007?

2. Sollecito’s alibi lies

On 5 November 2007, Raffaele Sollecito admitted to the police that he had lied to them and said that Amanda Knox had asked him to lie for her. He claimed that Amanda Knox had left his apartment at around 9.00pm and returned at about 1.00am on the night of the murder.

Question for Knox: Why did Sollecito stop providing Amanda Knox with an alibi and why does he still refuse to corroborate her alibi?

3. Sollecito’s further alibi lies

After admitting he had lied, Sollecito was given another opportunity to tell the police the truth. However, he decided to tell the police even more lies. These lies were exposed by his computer and mobile phone records.

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 called him a couple of hours earlier at 8.40pm.

He claimed that he was surfing the Internet from 11pm to 1am. There was no human interaction on his computer between 9.10am and 5.32am.

He claimed that he had slept until after 10.00am on 2 November 2007. However, he used his computer at 5.32am and played music for about 30 minutes. He turned on his mobile phone at about 6.02am and received three phone calls at 9.24am (248 seconds long) and at 9.30am and at 9.29am (38 seconds long).

4. The DNA on the bra clasp

An abundant amount of Raffaele Sollecito’s DNA was found on Meredith’s bra clasp. His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17.

Question for Knox: Bearing in mind that DNA doesn’t fly, how would you account for the abundant amount of Sollecito’s DNA being on Meredith’s bra clasp?

5. The DNA on the large knife

Amanda Knox’s DNA was found on the handle of the double DNA knife and a number of independent forensic experts - Dr. Patrizia Stefanoni, Dr. Renato Biondo and Professor Francesca Torricelli - categorically stated that Meredith’s DNA was on the blade.

Question for Knox: How would you account for Meredith’s DNA being on the blade of the double DNA knife?

6. The traces of mixed blood

A number of criminal biologists testified at the trial that Amanda Knox’s blood was mixed with Meredith’s blood. Independent DNA expert Luciano Garofano stated that this was undoubtedly the case and even Amanda Knox’s lawyers conceded that her blood was mixed with Meredith’s blood.

Question for Knox: Why was Amanda Knox bleeding on the night of the murder and why was her blood mixed with Meredith’s blood in four different parts of the cottage?

7. Sollecito claims to cut Meredith

Sollecito claimed in his diary that he had accidentally pricked Meredith’s hand whilst cooking.

Question for Knox: Why do you think Sollecito lied about accidentally pricking Meredith’s hand whilst cooking?

8. Sollecito on Filomena’s room

Sollecito told the police that nothing had been stolen from Filomena’s room.

Question for Knox: How did Sollecito know nothing had been stolen from Filomena’s room?

9. Knox accuses Patrick

According to the corroborative testimony of multiple witnesses, including Knox’s interpreter, she voluntarily accused Diya Lumumba of murdering Meredith.

Question for Knox: Why did Amanda Knox voluntarily accuse an innocent man of murder?

10. Knox refusal to recant

She acknowledged that it was her fault that Diya Lumumba was in prison in an intercepted conversation with her mother on 10 November 2007, but she didn’t retract her allegation against Diya Lumumba the whole time he was in prison.

Question for Knox: Why didn’t Amanda Knox recant her false and malicious allegation against Diya Lumumba when he was in prison?

11. Knox at crime scene

Amanda Knox state on four separate occasions that she was at the cottage when Meredith was killed

Question for Knox: Why did Knox repeatedly claim to be there?

12. Knox’s Seattle call

Amanda Knox called her mother at 4.47am Seattle time before Meredith’s body had been discovered.

Question for Knox: Why did she phone her mother when it was in the middle of the night in Seattle and before anything had happened?

13. Knox forgets that call

Knox told her mother and the court that couldn’t remember making this phone call.

Question for Knox: Do you think Amanda Knox can’t genuinely remember phoning her mother at in the middle of the night?

14. Knox involvement

Amanda Knox voluntarily admitted her involvement in Meredith’s murder in her handwritten note to the police on 6 November 2007.

Question for Knox: Why did Amanda Knox voluntarily admit that she was involved in Meredith’s murder?

15. Knox calls Meredith

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.

Question for Knox:  Question for Knox: Do you think Amanda Knox made a genuine attempt to contact Meredith on 2 November 2007?


Monday, February 21, 2011

Open Questions: An Experienced Trial Lawyer Recommends How To Zero In On the Truth

Posted by SomeAlibi


Welcome

If you’ve come to this website because of the Lifetime movie of Meredith Kercher and Amanda Knox, then welcome. 

Like all of us who come to this case, you have one key question: did they do it?  The movie you’ve just watched is equivocal on that matter and perhaps didn’t help you at all.

On the internet, you will find people who are passionate in their defence of Amanda Knox and Raffaele Sollecito and you will find people who are passionate in their support of the prosecution. 

My own arrival

Placing my own cards on the table here: as a twenty-plus year practising trial lawyer, I am firmly a part of that latter camp.  But it wasn’t always that way.

It was information – evidence – that changed my views. What became very clear to me, early on, was that very few people in the English-speaking world are aware of anywhere near all of the evidence in this case.

I had thought I had grasped the core of the case, but I did not.  The case is deep and complex and like many criminal cases, the complete facts behind it have been only sketchily reported in the media.  The movie you may have just watched only skirts the real reasons the jury convicted.

The unanimous jury

I am sure that we all agree that no jury, in any murder case, given the awesome responsibility of adjudicating on (young) people’s lives for a multi-decade period of imprisonment, condemns people lightly.

It should be a matter of logic that the evidence presented against the accused must have been deep and satisfied the 6 lay jurors and 2 judges on the case for them to pronounce that huge judgement. That doesn’t mean that there couldn’t be the possibility of a mistrial, but clearly the evidence presented must have been substantial.

In this, we’ve already hit the first problem.  Some supporters of Amanda Knox and Raffaele Sollecito will tell you there’s no evidence against them. 

This is patently silly.  No jury ever convicts people and sends them to prison for 24 plus years without being quite convinced of the case against them.  Miscarriages of justice do happen, but the idea that there is “no evidence” can be summarily dismissed. 

The only question is whether the evidence is sufficient, true and accurate.

The voluminous evidence

So is the evidence enough to convict beyond a reasonable doubt?  The six lay jurors and two professional judges thought so, clearly.  What you realise, when you come to the facts of the case, is that the evidence is based not around a single key event but on multiple points. 

It can be astonishing to realise that the case is based not only on DNA evidence but also on cellphone evidence and computer records and further yet on multiple conflicting and contradicting versions of what happened that night from the mouths of the accused, not to mention falsely accusing an innocent man of responsibility for murder causing his incarceration. 

The wealth of evidence is actually extremely unusual. It goes way beyond the quite similar Scott Peterson case.

The Massei Sentencing Report

What is absolutely new to the English speaking legal world is that the reasoning for the conviction can be read in an extremely detailed 440+ page report online.  Bilingual posters at the Perugia Murder File Forum many of whom who are also key posters at TJMK translated the entire document into English over several months last year. 

It was my privilege to play an extremely small part in that work.  People from four different continents with backgrounds in forensic science, law, academia and a host of other disciplines participated. 

You can read an effective executive summary by clicking on the Massei Report link at top here and reading the conclusions from page 388 onwards:

The Knox PR campaign

If you are new to this case, you will likely be shocked how much evidence there is against the convicted parties.  Amanda Knox’s family have spent over $1m and involved a professional PR agency called Gogerty Marriot to suggest otherwise in the English-speaking media. 

You might wonder why an innocent person needs a million dollar PR campaign on their part.  Make yourself a coffee and read the conclusions of the judge’s report. It will take you about 15 minutes.  Up until you read this report, almost everything you watch, hear and read is PR spin and is quite deliberately positioned to make you believe there is no case.

When you complete it,  I believe you will have a very different take. That 15 minutes could change your ideas about everything you thought you knew about the murder of Meredith Kercher.

Now for a quick tour of the evidence.


Some of the points of evidence

Consider as you read it what is your own possible explanation for each of the following:

  • the DNA of Raffaele Sollecito on Meredith’s bra-clasp in her locked bedroom;

  • the almost-entire naked footprint of Raffaele on a bathmat that in *no way* fits that of the other male in this case – Rudy Guede;

  • the fact that Raffaele’s own father blew their alibi that they were together in Raffaele’s flat at the time of the killing with indisputable telephone records;

  • the DNA of Meredith Kercher on the knife in Raffaele’s flat which Raffaele himself sought to explain as having been from accidentally “pricking” Meredith’s hand in his written diary despite the fact Meredith had never been to his flat (confirmed by Amanda Knox);

  • the correlation of where Meredith’s phones were found to the location of Raffaele Sollecito and Rudy Guedes’s flats;

  • the computer records which show that no-one was at Raffaele’s computer during the time of the murder despite him claiming he was using that computer;

  • Amanda’s DNA mixed with Meredith Kercher’s in five different places just feet from Meredith’s body;

  • the utterly inexplicable computer records the morning after the murder starting at 5.32 am and including multiple file creations and interactions thereafter all during a time that Raffaele and Amanda insist they were asleep until 10.30am;

  • the separate witnesses who testified on oath that Amanda and Raffaele were at the square 40 metres from the girls’ cottage on the evening of the murder and the fact that Amanda was seen at a convenience store at 7.45am the next morning, again while she said she was in bed;

  • the accusation of a completely innocent man by Amanda Knox;

  • the fact that when Amanda Knox rang Meredith’s mobile telephones, ostensibly to check on the “missing” Meredith, she did so for just three seconds - registering the call but making no effort to allow the phone to be answered in the real world

  • the knife-fetish of Raffaele Sollecito and his formal disciplinary punishment for watching animal porn at his university – so far from the wholesome image portrayed;

  • the fact that claimed multi-year kick-boxer Raffaele apparently couldn’t break down a flimsy door to Meredith’s room when he and Amanda were at the flat the morning after the murder but the first people in the flat with the police who weren’t martial artists could;

  • the extensive hard drug use of Sollecito as told on by Amanda Knox;

  • the fact that Amanda knew details of the body and the wounds despite not being in line of sight of the body when it was discovered;

  • the lies of Knox on the witness stand in July 2009 about how their drug intake that night (“one joint”) is totally contradicted by Sollecito’s own contemporaneous diary;

  • the fact that after a late evening’s questioning, Knox wrote a 2,900 word email home which painstakingly details what she said happened that evening and the morning after that looks *highly* like someone committing to memory, at 3.30 in the morning, an extensive alibi;

  • the fact that both Amanda and Raffaele both said they would give up smoking dope for life in their prison diaries despite having apparently nothing to regret;

  • the fact that when Rudy Guede was arrested, Raffaele Sollecito didn’t celebrate the “true” perpetrator being arrested (which surely would have seen him released) but worried in his diary that a man whom he said he didn’t know would “make up strange things” about him despite him just being one person in a city of over 160,000 people;

  • the fact that both an occupant of the cottage and the police instantly recognised the cottage had not been burgled but had been the subject of a staged break-in where glass was *on top* of apparently disturbed clothes;

  • that Knox and Sollecito both suggested each other might have committed the crime and Sollecito TO THIS DATE does not agree Knox stayed in his flat all the night in question;

  • the bizarre behaviour of both of them for days after the crime;

  • the fact that cellphone records show Knox did not stay in Sollecito’s flat but had left the flat at a time which is completely coincidental with Guede’s corroborated presence near the girl’s flat earlier in the evening;

  • the fact that Amanda Knox’s table lamp was found in the locked room of Meredith Kercher in a position that suggested it had been used to examine for fine details of the murder scene in a clean up;

  • the unbelievable series of changing stories made up by the defendants after their versions became challenged; Knox’s inexplicable reaction to being shown the knife drawer at the girl’s cottage where she ended up physically shaking and hitting her head.


In conclusion

This list is not exhaustive. It goes… on… and on… and on… And yet, those supporting Knox will tell you that’s all made up, all coincidental. 

Really?  Does the weight of all that evidence sound made up to you?

If so, it must be the most over-rigged criminal case in the history of crime.  Unlikely beyond all and any reasonable doubt.

The judge’s report explains why the jury found the defendants guilty. I truly expect you will be astonished at the amount of evidence if all you’ve done is watched a film or read a few press reports. 

For any questions thereafter, please join us and post them on truejustice.org or perugiamuderfile.org .  You’ll find here a host of good people who are all working on a totally volunteer basis in memory of the only victim of this crime.

Meredith Susanna Cara Kercher. RIP.


Sunday, May 30, 2010

Questions For Knox And Sollecito: Ten From Daily Beast As Knox Calunnia #2 Trial Starts

Posted by Peter Quennell





This Daily Beast report indicates that the cancelled jailhouse TV interview with Amanda Knox was a lot more firmed-up than Knox’s stepfather, Chris Mellas, seems to have claimed.

And it outlines the first phase of Knox’s Calunnia #2 trial which is based on charges brought by the interrogating police, all of whom testified at her trial that she was treated well during her interrogations as a witness and suspect. .

Click the image or link above above for the fine reporter Barbie Nadeau’s full article on some issues Knox has never been able to account for, including Knox’s callous skipping of Meredith’s memorial service.

The ten questions are all very tough, and each would also have been asked by the jury. Here they are:
.:

It’s back to court for Amanda Knox, the 22-year-old Seattle native currently serving 26 years in prison in Italy for sexually assaulting and murdering her British roommate, Meredith Kercher.

This week, Knox is expected to attend a preliminary hearing on slander charges lodged against her for accusing Perugia police of abuse. During her testimony at her murder trial last June, she accused the cops of slapping her on the back of the head during an interrogation just days after Kercher’s body was discovered in November 2007.

The police deny hitting her, and Knox’s own lawyers have never filed charges for the alleged abuse. If she is convicted of slander, a judge could add six years to her sentence….

Knox’s resurgence in the headlines was to coincide with a joint jailhouse interview she had granted to ABC News and the Italian broadcaster Mediaset’s Matrix program. But the bureau of prisons denied the interview in the final hour, effectively silencing Knox indefinitely.

A high-profile jailhouse interview with Knox is considered the Holy Grail by journalists covering the case, and the American and Italian networks have been vying for a chance to ask Knox a few questions on camera. Now it is unlikely anyone will get an interview before Knox’s appeal hearings this fall.

But if we did, there are a few questions we’d want her to put to rest.

1. Why did you and Raffaele Sollecito turn off your cell phones at the same time the night of November 1, 2007 and on again at the same time the next morning? You told the police that you and Raffaele slept late the morning of November 2, 2007, but phone records show that you both turned your phones back on very early that morning. How could that be?

2. Why were you bleeding? Your lawyers agree with the prosecution’s findings that at least one of the spots of Meredith’s blood found in the house where she was killed had your blood mixed with it. Your mother told me that you had your period. Your stepfather told others that your ear piercings were infected. Which was it?

3. Once you realized your mistake in blaming Patrick Lumumba for Meredith’s murder, why didn’t you tell the authorities? You told your mother that you felt bad about it, so why didn’t you alert an official so Patrick could be set free?

4. Why did you go with Raffaele to the police station on November 5? You were not called in for questioning. Did you realize at that time that you were both under suspicion?

5. Why weren’t your and Raffaele’s fingerprints found in your house after the murder if the two of you had spent time there that morning and the day before? Only one half-print on a glass in the kitchen has been attributed to you, yet you have claimed that you took a shower there that morning. How did you spend so much time there and leave virtually no trace?

6. Why did you take the mop and bucket from your house over to Raffaele’s house? You told the prosecutor during your testimony in June 2009 that you took the mop and bucket to his house to clean up a leak under his kitchen sink. But by your own testimony, the leak was miniscule and could have been easily cleaned up without it. What were you really doing with the mop?

7. What would you do differently if you had a chance to rewind the clock back to November 3, 2007? Would you go to the memorial service for Meredith? Would you still have gone to the police station with Raffaele? Would you have left for Germany when your aunt asked you to?

8. What do you think happened the night Meredith was killed? You have professed your innocence. Who do you think killed her and under what circumstances?

9. What do you really think of the Italian justice system? You told an Italian parliamentarian that you got a fair trial, and you even thanked the prosecutors for trying to solve the mystery of Meredith’s death, but your supporters at home in Seattle maintain that the Italian system is corrupt and unfair. What is your real view?

10. Is there anything you wish you would have said in court during your trial? You talked about your vibrator and about how you did not want an assassin’s mask forced on you. But in your final appeal after the closing arguments on December 4, 2010, why didn’t you say the words, “I did not kill Meredith Kercher?” Raffaele did when it was his turn to speak. Why didn’t you?

Our posting soon of the judges’ sentencing report will open up dozens of new questions for Knox. Such as: “How did you track Meredith’s blood into your own room and leave three traces revealed by luminol?”


Thursday, October 15, 2009

Reporters: Seven Areas To Pinpoint With Curt Knox, Edda Mellas And Chris Mellas

Posted by Kermit




Tough questions for reporters to get beyond the incessant spin

Area To Pinpoint #1

Don’t you think that Amanda’s latest of several defence positions is weakened by the fact that her new alibi - that she was with her boyfriend Raffaele Sollecito all night - does not coincide with the alibi of Raffaele?

He has used his right to not declare in their trial but stated just after the crime that he was at his apartment all night, and that Amanda left between 9 p.m. and 1 a.m. on the night of the murder?

(Raffaele’s defence lawyers and his father have confirmed to journalists covering the trial that while they have some defence issues in common with Amanda - for example, questioning the DNA analysis - Raffaele’s defence is not necessarily supportive of or in line with Amanda’s.)

Area To Pinpoint #2

Why did Amanda cut short a questioning session (where she was accompanied by her lawyer) in December 2007, near the beginning of the investigation, and maintain silence - as is her right under Italian law - until the trial was well underway in 2009?

Area To Pinpoint #3

Why do you need a costly, professional PR campaign aimed at an American audience, when your daughter is in an Italian trial? Some observers feel that since the legal case against Amanda is strong, your only hope is to influence the State Department and obtain its political intervention in this case.

However, American diplomats - beyond providing basic, standard consular support - don’t want to touch this case with a ten-foot pole.

Area To Pinpoint #4

Why do you question the honor and professionalism of the Prosecutor of Amanda’s murder trial through your Amercian focused PR campaign, when Amanda’s Italian defence lawyer had to apologise to Prosecutor Mignini for this campaign?

This campaign extrapolates the slight that an American fiction author (Douglas Preston) felt when he was momentarily arrested after ensnaring himself in a police sting operation to do with planting false evidence when he was using a false name.

This arrest was recently rejected for separate legal action against Mignini. On the basis of Preston’s bad feelings, the PR campaign tells us that Mignini has a “history” of inappropriate behaviour.

Do you agree that this smells of “spin”? Why can’t you fight Amanda’s legal battle on the basis of a solid, coherent alibi?

Area To Pinpoint #5

Why would Amanda call you in the middle of the night in Seattle to tell you about what was still supposedly only a break-in in her house (before Meredith Kercher’s door was broken down by the police who soon arrived), when Amanda was accompanied by her Italian boyfriend who would know better than her how to react?

Why to your great surprise at Capanne Prison could Amanda not even remember making that call? And why on the witness stand did it take you many minutes to summarize that 88-second call?

Area To Pinpoint #6

Before the trial started, Amanda’s Italian defence lawyer publicly stated that Amanda had not been hit by police during her questioning on 5 November 2007.

During that session she stated she was in the cottage when Meredith was murdered, and she falsely accused Patrick Lumumba of being the murderer - an accusation which has given rise to an additional charge against her).

Once the trial had started, and coinciding with the arrival of Amanda’s stepfather Chris Mellas in Perugia, Amanda made a spontaneous statement in court that she had been slapped on the back of her head during this questioning, and her Italian lawyer had to incorporate these statements into her testimony.

Are you satisfied with the Italian defence team? Are they aligned with the talking points of the PR campaign?

Area To Pinpoint #7

The justification that Amanda has been held in preventive custody since she became a suspect is due to the possibility that she may flee Italy (in addition earlier on in the investigation to the possibility that evidence may be tampered with).

On various occasions you have publicly regretted not getting Amanda out of Italy before she was arrested.

Also, Seattle King County Judge Heavey (associated with the “Friends of Amanda” campaign) sent a letter to the Italian judiciary on State of Washington letterhead where he decried alleged irregularities and illegalities in the investigation (nobody knows what he based these allegations on).

Such an official letter would suggest to Italian authorities that were Amanda ever to find herself in the United States before her legal processes have finished, that it could be difficult or impossible to extradite her back to Italy.

Are some of the public statements made on behalf of Amanda counterproductive to obtaining her early freedom?

Posted on 10/15/09 at 06:36 PM by KermitClick here & then top left for all my posts;
Right-column links: Hoaxers from 2007Amanda Knox 1.0Knox-Mellas teamHeavey, BremnerHoaxers from 2011Knox BookHoaxers: media groupsCNN Network
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Thursday, June 11, 2009

Powerpoints #13: 150 Questions For The Defendants They Have Incessantly Avoided

Posted by Kermit





Click here if you have Powerpoint or the Powerpoint Viewer program loaded. If not here is the Viewer download.

We who offer this site in memory of Meredith want above all for the truth and the whole truth to come out.  The full story behind this horrific crime of great violence in Italy, and why such a wonderful girl had to die.

Meredith’s terribly suffering family in London have repeatedly said, to them it’s the truth that matters most. They want to know why their daughter and sister was deprived of a lifetime of promise, and why the violence to her had to be so great.

Meredith’s many sad friends in London and Leeds, and in other places in England and around the world - many of whom may now have a life-time of loss and adjustment - also absolutely deserve to get to know.

And millions of decent people in Italy and in England and throughout Europe and increasingly the US are now also seriously asking: why? Exactly what happened that night in Perugia, and need it ever happen again?

These 150 questions, truthfully answered, should bring out all there is to know about this case. They may or may not mirror what the prosecutor has in mind, but we think they would provide all of the picture.

Please go for it, Amanda? For Meredith’s sake. And for her ever-deprived family. And for all those others sadly affected. Whether or not you were actually involved, truthfully tell us now all that you know.


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