Thursday, September 22, 2016
Harder & Harder & Harder To Claim No Evidence Or 2009 Jury Got The Verdict Wrong
Posted by azoza
This is a progress update on the increasingly vast Meredith Wiki file library:
Remember that much of the trial was conducted behind closed doors. Italians got good reporting from the trial, often in real-time; but those of us in other countries far less-so - though the notion that any of the fairly limited English-language media mentions in 2009 influenced the Italian jury is a seriously absurd one.
So the one and only key to getting the case right is in the documents. Absent a knowledge of the documents (as in the Netflix case) conclusions become quite vacuous.
Remember that NO media outfit ever translated any of the large documents. The Italy-based foreign reporters certainly did some for their own use and for excerpting, but all the heavy lifting was done by the teams on our cluster of websites.
Remember that NO American or British lawyer ever who is fully on top of the extraordinary number of documents has attempted to argue that this was not a strong case or that points pointing to guilt were not overwhelming.
The file library is increasingly being made into something resembling a huge book with a internal strong logic for the help of the numerous intended researchers.
You can see that logic strongly at work here.
Four search approaches
Since my article last June, there have been big changes to the file library layout. We scrapped the nested box approach due to the amount and different kinds of documents.
Now there are four approaches to find files: (1) the master list; (2) by file type; (3) by subject matter; (4) by chronology of when file was made.
The last branch will be done when uploads are complete.
(1) The master list contains links to all the files, roughly in chronological order. Given the thousands of files (over 3800 now), the master list serves only as a reference point. You get a sense of document flow- what appeared when- by scrolling through the list.
(2) The type pages subdivide files by main types (audio, documents, images, videos) and then further subcategories.
The images category will be better filled with more files in due time. The documents category has the most subcategories with descriptions under the headings. So for instance, all court motivation reports are here:
All court testimony PDFs are here:
All deposition and interrogation PDFs here:
and police and consultant reports here:
The above are most significant, but there are many other subcategories.
(3) The by subject pages will have pages of all files, disregarding type and date, of a particular subject. So all files related to DNA on one page; all files related to the knife on one page; all pages related to Curatolo on one page. These pages will be more detailed than other pages.
(4) By chronology pages organize files by date:
These pages are only PDFs for now. Eventually the other file types will be linked too. At the bottom of each chronology page is a link to the next section, so it’s possible to click through chronology pages without returning to the chronology menu page each time.
Crime scene photos were distributed by police in 5 volumes and can be found here:
There are more photos in the 5 volumes than in the web page photo gallery.
A subset of these photos are in a second police document from Dec 31, 2007 done in Word. We printed it to PDF:
Photos from this document were captured, censored and stored in this zip file, which has crime scene photos not in the webpage gallery:
Crime scene video is here:
We have taken great pains to keep November 2-3 crime scene video intact with sound, censoring as necessary to respect Meredith and her family. It is the most complete version available- 1 hr 20 minutes long.
There is also video of Scientific Police (Dr. Stefanoni) at Sollecito’s apartment on November 13th:
Police video comes from discs prepared by police, complete with menus. It’s likely the video compilations on these discs don’t show all video taken. As an example, the above video at Sollecito’s apartment seems incomplete and is cut-off at the end.
The December 2007 video of the 2nd cottage visit is complete. Police purposely distributed this video without sound.
We have made films of CCTV capture:
We did this because the program and files are proprietary. We will capture photo sequences of important segments and post later.
We could not find ‘video’ for camera 7 from 00:00 to 06:00 on November 2nd. There are other cameras at the garage as well, and we are looking to find any extra footage.
We have DNA report complete and in color:
so charts are now clear. Dr. Stefanoni’s DNA report references these photos here too:
Egrams in color are here:
Clearer Egram prints of key traces can be found on this page, and also negative controls:
As mentioned by Olleosnep, this report has not been talked about, but very important crime scene analysis report:
More UACV materials are here:
Rinaldi & Boemia:
Rinaldi & Boemia presentation showing errors in Vinci report is here:
There is much Rinaldi & Boemia presentation material on that page. They also did two reports, one on footprints and a second on shoes. Those are here, with separate photo attachments:
Conti & Vecchiotti critiques:
Dr. Stefanoni presentation showing errors in Conti Vecchiotti report is here:
and her written report here:
Dr. Novelli report critiquing Conti Vecchiotti report is also good reading:
Dr. Torricelli has two reports. The second is an updated version of the first:
This medical consultant hearing- asked by Judge Matteini in April 2008- is very important:
Related reports (all censored for disturbing content):
Mignini’s consultants (replacing Lalli):
His case summary to the Riesame court on November 24, 2007 is important. It shows an early description of the case:
He made a case summary for Guede too in December 2007:
Formal charges issued in English from July 2008:
Final fingerprint report:
There is much more court testimony now. Matteini, Micheli, Massei, Hellmann Nencini, but also Guede appeal court Borsini. All testimony is here:
Much of Micheli is audio only, which is here:
This Kokomani interview with Canale 5:
shows Kokomani in a good way. Court transcripts with him seem confusing, but here he is easy to follow.
This video shows unpacking of kitchen knife on February 26, 2008 in front of all consultants:
The meeting was after knife was tested for DNA, but shows the original box used.
Archived in Justice systems, Italian system, Evidence & witnesses, The locations, The timelines, Pat Lumumba, Other witnesses, Interrogations, Real crimescene, Staged breakin, DNA and luminol, The two knives, Other physical, The computers, Cellphone activity, Hoaxes against Italy, No-evidence hoax
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Tuesday, October 22, 2013
The Meredith Case Wiki: A Highly Objective Summation Of The Case From Original Docs And Transcripts
Posted by James Raper
Some of our readers may not have noticed the new link to The Meredith Case Wiki to be found in the left hand column of this front page. I had not noticed it myself until recently.
This is an important link to a new website that is now a vital additional resource for those interested in understanding this case.
The website - The Murder of Meredith Kercher - is run by Edward McCall, with the assistance of other contributors, and TJMK is pleased to acknowledge and promote its distinctive and concise approach to presenting the facts of the case.
The site is modelled on the format of a page from the Wikipedia free encyclopedia. As with a Wiki page it is easily navigable. The data presented under the various headings is the consequence of much research but it still remains a work in progress. Wherever possible the material used is referenced in footnotes.
It starts on the Main page with a Mission Statement and an Introduction to the case. It then considers the evidence and has a good section entitled Myths Debunked.
The reader can easily access significant court documents: the Massei Report, the Hellmann Report, the Galati Appeal and the Supreme Court of Cassation Motivations Report. There is an accessibly summary of the Matteini and Micheli Reports.
In particular, for the researcher, there is a most welcome section entitled Court Transcripts. Here can be found transcripts of witness testimony from the Massei and Hellmann trials, experts reports, and the various writings and testimony of Amanda Knox, Raffaele Sollecito and Rudy Guede. At least that is to be the hope ultimately as there exist a good number of gaps at present.
Already some of the witness statements have been translated from Italian to English but there are a number of transcripts still to be translated. If there are any translators who would wish to help, please contact us and we shall be pleased to put your name forward.
McCall wishes to acknowledge the massive contribution made by True Justice for Meredith Kercher. TJMK has perforce grown organically and exponentially over the years and has accumulated a breadth and wealth of data, in-depth analysis and informed comment on the case which is unsurpassed on the internet, or indeed anywhere.
It will continue to do so and report developments until the conclusion of all aspects of the case.
Archived in Evidence & witnesses, The locations, The timelines, Other witnesses, Interrogations, Real crimescene, Staged breakin, DNA and luminol, The two knives, Other physical, The computers, Cellphone activity
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Monday, April 30, 2012
Does ANY Competent Lawyer Believe RS And AK Are 100% Innocent? If So See These Questions
Posted by James Raper
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.
Archived in Revealing questions, Knox questions, Sollecito questions, Crime hypotheses, Those officially involved, The prosecutors, Evidence & witnesses, The timelines, Interrogations, Real crimescene, Staged breakin, DNA and luminol, Cellphone activity, Trials 2008 & 2009, The Massei Report, Appeals 2009-2015, Hellmann 2011+, Hoaxes against Italy, No-evidence hoax
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Monday, February 21, 2011
An Experienced Trial Lawyer Recommends How To Zero In On the Truth In This Case
Posted by SomeAlibi
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.
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.
Archived in Crime hypotheses, Evidence & witnesses, The locations, The timelines, Pat Lumumba, Other witnesses, Interrogations, Real crimescene, Staged breakin, DNA and luminol, The two knives, Other physical, The computers, Cellphone activity, Trials 2008 & 2009, The Massei Report
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Wednesday, January 12, 2011
Claims Amanda Knox’s Confessions Resemble “False Confessions” Not Backed Up By Any Criminal Research
Posted by Fuji
Meredith’s case is absolutely riddled with fabricated false myths.
They are now found by the hundreds on some misleading websites, and they simply make experienced law enforcement and criminal lawyers laugh.
For example “Police had no good reason to be immediately suspicious of Knox simply because the murder occurred at her residence”. And “The double-DNA knife is a priori to be disregarded as evidence, because no murderer would retain possession of such a murder weapon.”
One of the most strident and widespread myths is that Amanda Knox’s statements to the Perugian investigators on 5 and 6 November 2007, placing her at the scene of Meredith’s murder, are to be viewed as the products of a genuinely confused mind imbued with a naïve trust of authority figures.
The apparent certainty with which many of Amanda Knox’s most vocal supporters proclaim that Knox’s statements are actual “false confessions” as opposed to deliberate lies is not supported by even a cursory reading of the pertinent academic literature regarding false confessions.
What actually are “false confessions”?
Richard N. Kocsis in his book “Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences” (2009), on pages 193-4 delineates three different kinds of false confessions:
First, a voluntary false confession is one in which a person falsely confesses to a crime absent any pressure or coercion from police investigators….
Coerced-compliant false confessions occur when a person falsely confesses to a crime for some immediate gain and in spite of the conscious knowledge that he or she is actually innocent of the crime….
The final type, identified by Kassin and Wrightsman (1985), is referred to as a coerced-internalized false confession. This occurs when a person falsely confesses to a crime and truly begins to believe that he or she is responsible for the criminal act.
The first problem facing Knox supporters wishing to pursue the false confession angle as a point speaking to her purported innocence is epistemological.
Although much research has been done on this phenomenon in recent years, academics are still struggling to come to terms with a methodology to determine their incidence rate.
The current state of knowledge does not support those making sweeping claims about the likelihood of Knox’s statements being representative of a genuine internalized false confession.
As noted by Richard A. Leo in “False Confessions: Causes, Consequences, and Implications” (Journal of the American Academy of Psychiatry and the Law, 2009):
Although other researchers have also documented and analyzed numerous false confessions in recent years, we do not know how frequently they occur. A scientifically meaningful incidence rate cannot be determined for several reasons.
First, researchers cannot identify (and thus cannot randomly sample) the universe of false confessions, because no governmental or private organization keeps track of this information.
Second, even if one could identify a set of possibly false confessions, it is not usually possible as a practical matter to obtain the primary case materials (e.g., police reports, pretrial and trial transcripts, and electronic recordings of the interrogations) necessary to evaluate the unreliability of these confessions.
Finally, even in disputed confession cases in which researchers are able to obtain primary case materials, it may still be difficult to determine unequivocally the ground truth (i.e., what really happened) with sufficient certainty to prove the confession false.
In most alleged false-confession cases, it is therefore impossible to remove completely any possible doubts about the confessor’s innocence.
The next problem Knox supporters face is that, even allowing for an inability to establish a priori any likelihood of a given statement being a false confession, the kind of false confession which is usually attributed to Knox is in fact one of the LEAST likely of the three types (Voluntary, Compliant, and Persuaded, as Leo terms the three different categories) to be observed:
Persuaded false confessions appear to occur far less often than compliant false confessions.
Moreover, despite assertions to the contrary, Knox and her statements do not in fact satisfy many of the criteria researchers tend to observe in false confessions, particularly of the Persuaded variety:
“All other things being equal, those who are highly suggestible or compliant are more likely to confess falsely. Individuals who are highly suggestible tend to have poor memories, high levels of anxiety, low self-esteem, and low assertiveness, personality factors that also make them more vulnerable to the pressures of interrogation and thus more likely to confess falsely…
Highly suggestible or compliant individuals are not the only ones who are unusually vulnerable to the pressures of police interrogation. So are the developmentally disabled or cognitively impaired, juveniles, and the mentally ill….
They also tend to occur primarily in high-profile murder cases and to be the product of unusually lengthy and psychologically intense interrogations… ordinary police interrogation is not strong enough to produce a permanent change in the suspect’s beliefs.
Most significantly, there is one essential element of a true Persuaded False Confession which in Knox’s case is highly distinctive:
To convince the suspect that it is plausible, and likely, that he committed the crime, the interrogators must supply him with a reason that satisfactorily explains how he could have done it without remembering it.
This is the second step in the psychological process that leads to a persuaded false confession.
Typically, the interrogator suggests one version or another of a “repressed” memory theory.
He or she may suggest, for example, that the suspect experienced an alcohol- or drug-induced blackout, a “dry” blackout, a multiple personality disorder, a momentary lapse in consciousness, or posttraumatic stress disorder, or, perhaps most commonly, that the suspect simply repressed his memory of committing the crime because it was a traumatic experience for him.
The suspect can only be persuaded to accept responsibility for the crime if he regards one of the interrogators’ explanations for his alleged amnesia as plausible.
Knox did not in fact claim drug or alcohol use as the source of her amnesia - rather, she claimed to have accepted the interrogators’ attribution that this was due to being traumatized by the crime itself, and she offers no other explanation for her selective amnesia:
This is from Knox’s statement to the court in pretrial on 18 October 2008 with Judge Micheli presiding.
Then they started pushing on me the idea that I must have seen something, and forgotten about it. They said that I was traumatized.
Of course, Knox’s initial statement went far beyond being that of being merely a witness to some aspect of Ms. Kercher’s murder, as the interrogators at first seemed to believe was the case.
Rather, her statement placed her at scene of the murder during its actual commission while she did nothing to avert it, which naturally made her a suspect.
In other words, in the absence of any of her other testimony which indicated that she was only a witness to the murder, her own self-admitted rationale for providing a false confession was that she was traumatized by the commission of the murder itself.
Perugia judges will be familiar with all of the above and we can be sure that they brief the lay judges on the remote circumstances and incidences of false confessions.
If I were a Knox defense attorney, I would find it to be a far more fruitful line of argumentation to argue that she was simply lying, rather than claiming the supremely unlikely provision of an actual internalized false confession.
Archived in Crime hypotheses, The psychology, Those who were charged, Amanda Knox, Evidence & witnesses, Interrogations, Hoaxes by Knox, Knox persona hoax, Knox alibis hoax, Knox false memory, Other legal processes, Those elsewhere
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