Collection: Guede sole perp hoax

Saturday, November 12, 2016

Netflixhoax 17: Omitted - Too Many Pesky Truths, To Inflame False Notion Italian Justice Failed Here

Posted by Corpusvile



Inside Netflix’s Silicon Valley headquarters


Amanda Knox the Netflix documentary was directed and exec produced by two ardent Knox supporters, Rod Blackhurst and Stephen Robert Morse

They have been campaigning for Knox since 2011, which has included harassing real journalists who actually covered the case far more thoroughly than they did.

The movie opens with lingering almost gleeful close ups of the bloody crime scene and goes downhill from there. It begins by trying to shape a false narrative of handy villains who all seemingly came together like the stars aligning to make innocent Amanda look so screamingly, beyond a reasonable doubtingly guilty.

In the beginning, there were the cops. It was them who railroaded and coerced poor Amanda.

Then it was the nasty prosecutor, who the documentary falsely intimates took part in Knox’s trial and appeal, whereas he only took part in her trial and was one of several prosecutors. The documentary attempts to make out he’s some Sherlock Holmes fanboy nut job.

They also mistranslate him, by having him proclaim that only a female killer would cover a female victim, when he actually said that an “unknown” male killer - within the context of a supposed burglary gone wrong - would be unlikely to cover up a victim.

Then it was the ENFSI certified forensic specialist who Knox’s fan club labeled a “lab technician”. (Oddly, though, the same forensic specialist and prosecutor seemed to do a great job testifying against and prosecuting the black guy, and sogood work guys).

Then it was Meredith Kercher’s friends who conspired against The Railroaded One, then it was the innocent victim’s innocent family themselves who were “persecuting” sweet Amanda.

Now, courtesy of Netflix, the REAL villains were the tabloid media, specifically one tabloid hack, Cockney wideboy Nick Pisa, who comes across like I’d imagine Danny Dyer’s dad would come across as and is quite hilarious, albeit totally devoid of any scruples as any tabloid hack worth his/her salt would.

The media, the prosecutor, the witnesses, THEY were the ones who were responsible for poor Amanda’s woes (and not the 10,000 pages of behavioral, circumstantial and hard physical evidence against her which the documentary brushes over in a cursory manner.)

It makes out that Knox and Sollecito were in love after an alleged five day romance. I say “alleged” as Sollecito is rather inconsistent in this regard, variously claiming a fortnight, 10 days, to a week to now apparently five days. This is hammered home by shots of what I presume to be lovebirds, complete with feel-good treacle music.

Sollecito comes across as a smirking stoned weirdo, and Knox comes across as her usual creepy quasi psychopathic self, complete with crocodile tears and loud theatrical sighs.

Knox is also her usual inconsistent self and can’t seem to stop changing her story, whether it’s droning on that she and Meredith weren’t the best of friends (after droning on in other interviews that they were “dear friends”).

Or claiming that she only knew Guede to look at and had only seen him two or three times. This despite claiming that she only saw Guede for the first time ever in court (Dianne Sawyer interview) and claiming she never had contact with Guede, in her rambling eight page email to the Nencini appellate court before claiming - in a consecutive sentence no less - that she actually did have contact with him.

She proclaims it’s “impossible” for her DNA to be on the murder weapon, disregarding that it was a matter of established fact that her DNA is on the murder weapon with Meredith’s DNA on the blade.

The film makes out that Rudy Guede, the sole person convicted for Meredith Kercher’s murder, left his DNA all over the crime scene, with funky arrows pointing here, there, and everywhere. The problem is this simply isn’t true. Rudy Guede was convicted on less DNA evidence (five samples) than Amanda Knox (six samples).

The documentary also displays quasi racism, where trial and appellate courts can be rejected for innocent Amanda, but innuendo is sufficient for black guys, as Knox lies in the documentary that Guede is a known burglar.

The documentary happily facilitate this lie by obligingly showing a mugshot of Guede with the intimation that it’s a mugshot for burglary. The problem again is, this is simply untrue. Guede has no burglary convictions, and indeed was the only one out of the trio with no prior criminal record before Ms Kercher’s murder.

Knox and Sollecito both had minor run-ins with the law resulting in fines. Guede was never even charged with the burglary, and even the acquitting court decreed that the burglary was staged, as in staged in another flatmate’s room where Amanda Knox left her presumed blood DNA mixed with the murder victim’s and where no trace of Rudy Guede exists.

Knox also claims that no biological traces of her exist in one localized area of the crime scene, specifically Meredith’s bedroom, yet ignores that by such a rationale Guede couldn’t have committed the burglary.

Knox also claims that Guede acted alone, but no court decreed this, and she claims that he broke into her home when Meredith was present, neglecting to explain how Meredith never heard the 4 kilo rock hurling through Filomena Romanelli’s bedroom and why she obligingly did nothing while Guede shimmied 13 feet up a sheer wall TWICE.

The documentary, apparently not content with trying to match the record of most lies ever told in a single documentary before, then breezily attempts to surpass such a record, by introducing the film’s saviors, Stefano Conti and Carla Vechiotti, as “independent forensic DNA experts”.

Conti hypothesizes, like he did in court, that anything is possible. It’s like totally possible that contamination could have occurred, therefore it…  DID occur. Basically a hypothesis on the basis that “anything’s possible” supersedes actual submitted evidence.

Vechiotti not to be outdone promptly contradicts Conti by attacking Low Copy Number (LCN) DNA as a science. Basically he claims Meredith Kercher’s DNA profile on the murder weapon (found in Sollecito’s flat, causing him to lie in his diary as to how the DNA got there by claiming that Meredith had cut herself cooking while at his apartment; but Meredith had never visited Sollecito’s apartment) is so tiny that it should be discarded and ignored.

LCN DNA is however now accepted by courts of law worldwide, including in the State of New York USA. Vechiotti also admitted in court that it was Meredith’s profile, and that contamination couldn’t have occurred due to the six day delay between testing.

She does a u-turn on the documentary though, claiming that contamination was likely due to Meredith’s profile being LCN and so small, despite testifying the exact opposite where it mattered the most, in court.

Problem is, Conti makes the contamination hypothesis for the bra clasp, only Sollecito’s DNA found there isn’t LCN, it’s a 17 loci match, with a US court considering between 10-15 loci sufficient enough to be used as evidence.

The doc also fails to explain how his DNA ended up only on the tiny bra clasp in such abundance and nowhere else apart from a cigarette, but mixed with Knox’s. So, too small for the knife, and hey, anything’s possible for the bra clasp.

They also make a big thing about the bra clasp lying in a sealed crime scene for 46 days, yet don’t mention that two samples of DNA evidence used to convict Guede (Meredith’s sweatshirt and purse) also lay there for 46 days. I guess there’s different burdens of proof bars for black guys.

However again the problem is that all of this (yep, again) is simply untrue. Conti and Vechiotti are not experts in forensic DNA or ENFSI certified.

Carla Vechiotti is a pathologist. Her lab at Sapienza University was shut down due to atrocious hygiene practices including honest to God corpses being strewn about the halls, I kid you not.

Conti’s expertise is “computer medical science”...whatever that’s supposed to be. Nor are they independent. Conti and Vechiotti were found “Objectively biased” and “Objectively deceptive” in court by the Nencini appellate. Specifically because Vechiotti falsely claimed that the technology did not exist to re-test the murder weapon. It did indeed exist in 2011.

Vechiotti was also filmed by the BBC shaking hands with Sollecito’s father in court, no less, hardly appropriate behavior for so-called independents. Vechiotti has also been found guilty of criminal misconduct in a separate case, and was fined €150,000 for screwing up in yet another separate case, known as the Olgiatta murder.

You’ll notice in this review how I’ve rarely mentioned the victim Meredith Kercher. That’s because she barely gets a mention in this sad excuse for a documentary. Not even an RIP.

Meredith, the victim is relegated to a mere footnote and indeed a foot under a duvet.

The doc does use archive footage of her mother, Arline, and intimates that she herself is having doubts, whereas the Kerchers have made very clear on several occasions that they know who murdered their daughter.

Reprehensibly, the doc also displays close up autopsy photos of Meredith, yet the autopsy photos were never made public.

Considering only the Kerchers (who didn’t take part in Netflix’s PR makeover) and the defence - and by extension the two former defendants - had access to such material, this begs the very pertinent question: who provided two ardent Knox supporters with autopsy photos of the murder victim?

The filmmakers should be ashamed of themselves for this alone, utterly contemptible behavior which comes across as needlessly and despicably taunting the victim’s family, and at the very least exploiting their daughter and sister purely for lurid effect to make their documentary more “gritty”.

So what’s the verdict on Amanda Knox the documentary?

Well, it’s a terrible, false and ultimately immoral exercise in innocence fraud, and here are some more of the facts that Knox’s PR infomercial left out:

1 The Supreme Court’s acquitting report states that Amanda Knox was present during Meredith’s murder and may even have possibly washed the victim’s blood from her hands afterwards but it STILL can’t be proved that she did it, which begs more questions, namely why didn’t innocent Amanda call the cops for her friend and why wasn’t she charged as an accessory at least? (The same Supreme Court did not make the same allowance for the black guy though, had he washed the victim’s blood from his shoes for example.) The court also states that there’s “strong suspicion” that Sollecito was there.

2 The Supreme Court’s acquitting report states that the burglary was staged.

3 The Supreme Court’s acquitting report states that Meredith was murdered by three attackers and that Guede had two accomplices. (And you really don’t have to be Stephen Hawking to figure out who these two accomplices were, when you view the evidence in its totality)

4 The Supreme Court’s acquitting report states that Meredith’s murder was NOT due to a burglary gone wrong.

5 The Supreme Court’s acquitting nonetheless finalizes Knox’s calumny/criminal slander conviction, which she was handed for falsely accusing her innocent employer of rape and murder, leaving him in prison for two weeks, and never retracting her statement, despite false reports that she did, meaning that Knox’s status is still that of a convicted criminal felon.

6 In finalizing Amanda Knox’s calumny/criminal slander conviction, the Supreme Court’s acquitting report states that Knox blamed her boss to protect Rudy Guede as she was afraid that Guede could “retaliate by incriminating” her, which of course begs some more very interesting and pertinent questions, such as how could Guede incriminate innocent Amanda to begin with?

7 The Supreme Court’s acquitting report does NOT exonerate Knox, it acquits her due to “insufficient evidence”,like Casey Anthony, OJ Simpson and that nice man Robert Durst now back on trial.

The Truth is Out There, as a fictional 90s FBI agent who investigated strange stuff once mused. The truth in Meredith Kercher’s case is out there too, specifically in the Massei and Nencini court reports.

Never have I seen a case where such overwhelming evidence existed and where all the primary sources and court reports are fully available, only for such false reporting and fawning (and equally false accounts abound). It’s like the mainstream media have collectively turned into the robotic town of Stepford.

Yet the truth often has the strangest habit of coming to light, often when we least expect it to shine. I have hopes it’ll shine in Meredith’s case, in time. The supporter fanboy filmmakers are fooling nobody who is familiar with Meredith’s case, and neither are Amanda Knox or Raffaele Sollecito.

RIP Meredith Kercher, who along with her stoic dignified family (who have been subjected to absolutely abhorrent abuse and attacks by Knox’s supporters online) and Knox’s employer Patrick Lumumba are the only victims here.

May the truth shine in your case one day and the facts and truth come to light.


Wednesday, October 05, 2016

Netflixhoax 8: Omitted - Accurate Decription Of Production Team, Numerous Awkward Hard Facts

Posted by Ergon


Netflix’s Amanda Knox is an extreme example of misleading bias by cherrypicking. This post is another in our ongoing series, the mothership for material for this media-friendly page online soon.



I saw the film at the Toronto International Film Festival. As a passionate lover of movies and documentaries, I respect the right of ANYONE to create a documentary or film through the prism of their own POV.

On the other hand, they owe us, the audience, a modicum of honesty in their reporting. Otherwise, as some one once complained about deceptive editing and reporting in one of Katie Couric’s documentaries, it prevents “democratic discourse” and this is what we ask.

By all means, engage with us, but do so honestly.

Having followed the case for many years as well as attending the earlier Supreme Court hearing in 2013 I can add the following:

  • Rudy Guede’s lawyer Valter Biscotti had a lot more to say about his client being convicted ‘in conjunction with others’. This was edited out, as well as the caption Knox put alongside her blog when she posed with a machine gun, “The Nazi Within”.  Something the media reported correctly at the time, McGinn and Blackhurst not.

  • The Producer Stephen Robert Morse hid his involvement in the project with Brian McGinn and Rod Blackhurst since 2011. They had ALL made inflammatory comments in favour of Amanda Knox over the years, with Morse hastily deleting some (but not all) as the Netflix sale came up.

  • He even called Nick Pisa “a piece of shit” in Perugia in 2011. It was the reputable Danish production company head Mette Heide that approached Mignini and Pisa, who didn’t know of Morse’s involvement, but that gives the background to this biased ‘documentary’ and why some may feel it is less than fair or balanced in its portrayal of the protagonists.

  • Mignini was referring to the Monster of Florence case when he talked of people coming up to shake his hand, the film makes it look like they were congratulating him for putting away Amanda Knox.

  • He was referring to it being an inside job when he said an “unknown” man (edited out to make him seem misogynistic) would not have covered Meredith with a blanket.

  • The film emphasized his Catholic beliefs to make it seem he was making a moralistic judgement about her. As he pointed out, the evidence was somewhat overwhelming. It also made it seem like his love of Sherlock Holmes was proof of him following a hunch. Um, that’s what investigators sometimes do, especially when faced with the numerous prevarications and failed alibis of Amanda Knox. Obscuring the evidence to match your narrative is dishonest to the extreme.

  • The ‘independent’ DNA experts Conti and Vecchiotti were given lots of room to claim contamination though that was never proved in court, only inferred. Also left out: Vecchiotti’s sentence for not maintaining sterile conditions in HER laboratory. Her switching a suspect’s DNA with another in one of Italy’s worst murder cases in order to falsely exonerate someone with ‘connections’. The tests had to be redone to obtain a conviction. As they make fun of Nick Pisa for ‘not fact-checking’, should they not have fact-checked before they placed her on camera?

  • The biggest laugh the Toronto audience gave was WITH Nick Pisa when he said “I mean, she’s (Knox) a complete and utter loon”.

  • This follows the Netflix template of creating reasonable doubt as it did with “The Making Of A Murder”. By over emphasizing the defense case, and ignoring the prosecution’s, it reads like propaganda.

  • This is neither fair nor balanced, nor is it original. It adds nothing to our knowledge, being a rehash of her book and numerous TV interviews, and already covered in Michael Winterbottom’s “The Face Of An Angel” in his fictionalized ‘the making of a movie within a movie’ adaptation of reporter Barbie Nadeau’s book. Oh, and producer Morse insulted HER too.

  • There were several prosecutors and numerous judges helped convict her, not just prosecutor Mignini. Nor was it an exercise in misogyny, the case was largely driven by five women: Judge Claudia Matteini, co-prosecutor Manuela Comodi, Scientific Police DNA lab technician Patrizia Stefanoni, homicide Inspector Monica Napoleoni, and Inspector Rita Ficarra.

  • This exercise in PR looks like an Amanda Knox Production, with her playing the lead role, director, producer and writer. Yet she fails to see how she comes across with her melodramatic styling and emotive pauses and outbursts. She is neither believable nor sympathetic, no matter how hard they all try.

  • Two stars out of ten for production values and slick cinematography, none for the film itself.

In the end, the picture belongs to Meredith Kercher, remembered by her family with a grieving Arline Kercher, her mother saying how she just could not understand how there could be two convictions and two acquittals; justice denied.

And a haunting video of Meredith, taken in the full bloom of her youthful promise by Amanda Knox. She didn’t want to be filmed, but as Knox admits in her book, she took the video anyway. (And included in her film).

Meredith Kercher, RIP.


Tuesday, August 30, 2016

Florence Courts Resent Mangling Of RS/AK Appeal By Cassation Now Have Ominous Ways To Re-Visit

Posted by Peter Quennell



Highrise Florence courts are just visible at left background


The Marasca/Bruno verdict setting RS and AK free has taken some hard knocks within the Italian legal community.

It is not lost on anyone that Sollecito defense lawyer Bongiorno was given special favors, including being allowed to argue unchallenged before the Fifth Chambers for some hours beyond the legal limit. Or that the Fifth Chambers should never ever have received the appeal. Or that the drafter, Bruno, was suffering seriously ill health at the time, and delivered a report which is largely legal nonsense.

Here Machiavelli and Catnip and most exhaustively James Raper explained many of Marasca’s and Bruno’s absurdities.

But the Florence courts are not done yet. They are still processing cases involving Knox, Sollecito, Sfarzo and Aviello. They still sit on this potential bombshell of a case against Sollecito lawyer Maori, which explains how the Fifth Chambers apparently acted highly illegally.

Other cases are also possible, and two involving Knox are still continuing in Bergamo.

Now Rudy Guede’s team of lawyers in Rome and Viterbo prison have filed an appeal against his own conviction. It is filed with the courts in Florence.

The team notes that judgments against Guede up to and including the Supreme Court’s First Chambers concluded that he had acted against Meredith only in collusion with others and not in isolation.

This could reopen the Marasca/Bruno outcome which argued that he DID act alone or at least not with RS and AK though there is massive evidence to the contrary. That judgment while final in the normal course of things cannot stand under Italian law if illegalities were entered into.

With more and more documentation being read widely, the case against Knox and Sollecito acting in collusion with Guede is coming to look as strong as it did throughout their trial in 2009.

That is the quite possible Florence outcome.

It is one that Guede might accept fairly calmly, as his fury at Sollecito is quite palpable, and he wants nothing more than to nail his fellow attacker.


Monday, January 25, 2016

Is Francesco Sollecito Forced Into Legal Aggression He Didnt Want & Which Could Rebound?

Posted by Peter Quennell




Legal Development

Francesco Sollecito is being reported as denouncing Guede and initiating actions against him - and the Republic of Italy.

What must have looked to him nicely wound up by the Fifth Chambers at the end of March last year does seem to have a pesky tendency to become unwound.

It was unwound a bit by the continuance of Sollecito’s book trial in which RS lawyer Bongiorno refused to become involved. It was unwound a bit by the charges Dr Mignini requested against the RS lawyer Maori mid-year. It was unwound a bit by the Fifth Chambers with the poisoned sting at the end of its Report.

That Motavazione as phrased could open the way to a wrongful death suit against Sollecito (and Knox) or a petition to the President. A “guilty” verdict on the numerous false claims in Sollecito’s book could open the way to civil suits.

The petition was filed today at the Court of Appeal of Florence by their lawyers Giulia Bongiorno and Luca Maori. The lawyers decided to turn to the last trial court that dealt with the process. In particular, they demanded compensation of 516,000 Euros for the detention to which Sollecito was submitted from 6 November 2007 to 4 October 2011.

The computer engineer from Puglia has always proclaimed he was not involved in the murder and was finally acquitted along with Amanda Knox.  “I can not spend my life defending myself from something I have not done ...”: Raffaele Sollecito commented on the interview… 

He was followed by his father Francesco in transmitting a statement from their home in Puglia. “Raffaele is shocked and outraged,” said Francesco Sollecito. “I am also deeply outraged. I did not even sleep last night.” The father of Raffaele - finally acquitted for a murder he always proclaimed he was outside of - criticized in particular “Guede’s attitude towards the brutally murdered girl. Guede is refuted by the procedural documents, many of which are omitted in the interview. It was denied, among other things, by Raffaele’s friends that there was a random meeting with Meredith Kercher.”

“Guede still has to explain why he was in that house and why he went to the disco after finding the body. Let us remember, Francesco Sollecito empahsized again, that he is a person definitively convicted of murder. “

No mention at all of Knox? She was the one Guede really nailed, though Raffaele was pretty firmly placed at the crime scene too.

Last year, a bombastic Raffaele Sollecito had threatened to file a suit against Italy, but his father and lawyers had wound him back. Presumably because way, way, way too much could come out. “Take care about what you wish for.” “Let sleeping dogs lie.” “Discretion is the better part of valor.” Take your choice.

But such a suit is normal and expected. It would look suspicious if it was never filed. Now the Florence prosecution may get the chance to make the case in full the Fifth Chambers never heard.

Storms In The Past

Francesco Sollecito and Raffaele Sollecito and Vanessa Sollecito are all notorious for loosing their cool.

Francesco lost it here toward Raffaele, and especially here. Vanessa lost it here and again here. Everybody lost it toward Amanda Knox. Sollecito’s own book describes that rage.

And take a look. Despite supposed “honor bound” there are dozens of examples there.

Francesco Sollecito lost it after the Hellmann acquittal when Raffaele said he and Knox were still a thing, and again when RS took off to Seattle after Knox. He lost it again when a false felony claim in Sollecito’s book was unveiled on national TV.

Bongiorno also often seems in a rage. Hmmm. A group of people in a rage, and then things go too far. Where have we heard that before?


Wednesday, January 20, 2016

Sollecito Lawyers Threaten To Sue If Guede Tells Any Lies; Dont Hold Your Breath…

Posted by Peter Quennell

Bongiorno goes overboard at end of Nencini appeal; Italy laughs


Way to ensure high ratings? Now Bongiorno threatens to sue RAI if the interview propagates any “lies”.

Sources here and here. Good luck! If she DOES sue (dont put any money on that regardless of what Guede says) the Fifth Chambers report will not be her friend and she surely knows.

She hasnt commented publicly on that report though Sollecito has been very sulky of late. She still talks as if the March verdict is the only one that stands.

At other times there have been such threats to sue. None ever happened there. Examples:

  • Bongiorno didnt sue Aviello for saying she had been offering bribes to his cellmates in exchange for their testimony to help RS despite a threat.

  • Bongiorno didnt sue Lifetime TV as threatened for the movie about Knox - the RS character barely appears, maybe that was her beef - despite a threat.

    And Mignini’s case against Maori will really put Bongiorno and Maori in a bind, if Guede doesnt do damage enough.


    Thursday, December 10, 2015

    Traitor? How Sollecito Extensively Smeared Italy In English To Save His Own Skin #1

    Posted by The TJMK Main Posters




    1. Overview Of “Sollecito As Traitor” Series

    By way for example of his new Italian book, Sollecito is trying hard to make himself liked in Italy.

    An uphill task at best. Most Italians, who could follow the case a lot closer than most people outside Italy, know about all of this.

      (1) At his central-police-station interview 5-6 November 2007 and his first Matteini hearing two days later he dumped very heavily on Knox.

      (2) Throughout trial he gave Knox no help with her current alibi (that she was at his place all night) and again and again pulled out the rug from under her.

      (3) After the Hellmann outcome late 2011 Sollecito took off like a rabbit for the US (with his family soon in hot pursuit) and after Knox stiffed him tried very hard to get someone - anyone - to marry him so he could stay.

      (4) Before the Nencini verdict came out in early 2014, a panicked Sollecito took off to the north in a car and got cold feet (or was warned to stop) at the Austrian border and ignominiously came back.

      (5) Before the Fifth Chambers verdict came out in early 2015 a panicked Sollecito took off for Bari rather than remaining at the Supreme Court to find out what the verdict would be.

      What Italians mostly dont know is this. In late 2013 Sollecito’s first book - only in English - came out, and he was soon all over American TV once again sticking it to Knox.

      In the book his self-serving strategy was threefold: (1) Despite the title, point hard to Knox; (2) Point harder to Dr Mignini and the supposedly bungling, mean police; and (3) Point hardest to the official mechanisms, by lying on a grand scale, to make them out to be brutal and highly archaic at best.

      This series will lay out how Sollecito, lying and lying from what he thought would be a safe distance across the Atlantic, tried hard to make Italy look bad in the eyes of the world.

      A lot of posters contributed to the analysis of Sollecito’s 2012 English-language book on which much of the series will be based. Thanks especially to Sara, Kermit, Cardiol MD, and James Raper, who did the most work. 

      1. Sollecito’s First 20 False Claims

      We first posted a version of this analysis in May 2014. These twenty examples of felony claims all appear in the book’s preface which is only seven pages.

      Such claims continue throughout the book at approximately the same rate and they will be examined in future posts. 

      1. That Italian justice authorities took the easy way out

      This is the story of two ordinary people who stumbled upon an extraordinary circumstance, the brutal murder of a British student in Italy. Neither Amanda Knox nor I had anything to do with the crime, but we came perilously close to spending the rest of our lives in prison because the authorities found it easier, and more convenient, to take advantage of our youth and inexperience than to mount a proper investigation.  It’s that simple. And that absurd.

      No advantage was taken of them. The two stood out very sharply from all the others of similar age, and of similar inexperience (whatever that means). They did and said dozens of things in the early days that set them sharply apart.

      They were interrogated quite fairly, the Italian media was not especially hard, Dr Mignini never ever leaked, and they had lawyers and family handy at every turn after they were arrested. They each gave the authorities less than zero help - they tried to lead them off on wild goose chases, for example the false claim AK made against Patrick and dozens of other false claims, and apparently tried to finger yet another north African, Hicham Khiri, in a conversation they clearly knew was being recorded.

      A “proper” investigation was indeed done. Simply read through all the posts on the trial here in the first half of 2009, and the prosecutor’s excellent summations, and you will see what a smooth comprehensive job was done. And the Supreme Court concluded that THREE had to have been involved, from the recreation of the attack and all the wounds on Meredith’s body. Subsequent to Patrick, AK and RS and their lawyers never came within light-years of throwing real suspicion on anyone else.

      2. That the preventive custody was very harsh

      On November 1, 2007, Amanda and I were carefree students at the beginning of a cross-cultural love affair in a beautiful Umbrian hill town. Within days, we were thrown into solitary confinement in a filthy prison, without access to lawyers or loved ones, accused of acts so heinous and disturbing we may never be able to banish them from our thoughts, or our nightmares.

      Raffaele was sent to preventative prison on Tuesday November 6. Capanne Prison was almost brand-new then, and far from crowded. Cells contain TVs and private bathrooms.

      All questioning had been stopped early on 6 November until Sollecito could have a lawyer present. He himself wrote to his father in his “prison diary” on November 7:  “I may see you tomorrow, at least that is what I was told by Tiziano [Tiziano Tedeschi, his lawyer at the time], who I saw today and who defended me before the judge.”

      Mr Tedeschi made no complaint about any delay in the first meeting with his new client. In Italy, a judge must determine within 48 hours whether to hold or release detained suspects. Judge Matteini did so meticulously with Tedeschi present and refused Sollecito’s release.

      3. That the prosecution and Italian media demonized the pair

      In the newspapers and on the nightly news, we were turned into monsters, grotesque distortions of our true selves. It did not matter how thin the evidence was, or how quickly it became apparent that the culprit was someone else entirely. Our guilt was presumed, and everything the prosecution did and fed to the media stemmed from that false premise.

      In the real world, the prosecution fed nothing at all secretly to the media and publicly very little, none of it self-servingly biased. Italian reporting was sporadic and very mild compared to anything one can see said daily about possible perps in the US and UK newspapers and on US TV. Besides, any coverage, which was in part deliberate in the situation as dozens of students were fleeing Perugia, had no influence on anything, neither on the investigation nor the trial.

      The Italian system is set up so media can have less influence than almost any other media on any other justice system in the world. The Micheli and Massei sentencing reports show the judges were not unduly influenced even by the lawyers right in front of them, let alone by mild media reports 1 or 2 years before that.

      4. That four years were wasted showing where the prosecution went wrong.

      By the time we had dismantled the case and demonstrated its breathtaking absurdity [in the annulled Hellmann appeal] we had spent four of what should have been the best years of our lives behind bars.

      “We” meaning the defense lawyers did very little in the annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course maybe shopping for an inexperienced and pliable business judge, and for DNA consultants who they could then spoon-feed. Much of the hard evidence they simply kept well away from in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.

      On the other hand, RS’s claim could well apply to what Dr Galati and Cassation did for the Hellman sentencing report. Dismantled the appeal verdict, and demonstrated its breathtaking absurdity.

      5. That Knox was made a target because timid Italy was scared of her.

      Amanda and I certainly made our share of mistakes. At the beginning we were too trusting, spoke too frivolously and too soon, and remained oblivious to the danger we were courting even after the judicial noose began to tighten. Amanda behaved in ways that were culturally baffling to many Italians and attracted a torrent of gossip and criticism.

      An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets. What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially funny or pretty or bright?  That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?

      Read this post by the Italian-American Nicki in Milan. To quote from it “As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public….. Amanda Knox is not on trial because she is American and therefore too “emancipated”....Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence.”

      6. That Knox and Meredith were really great, great friends.

      We were young and naive, unthinking and a little reckless. Of that much we were guilty.  But what we did not do—and could not have done, as the evidence clearly showed—was murder Meredith Kercher.

      Meredith was Amanda’s friend, a fellow English speaker in the house they shared with two Italian women just outside Perugia’s ancient city walls. She was twenty-one years old, intelligent, and beautiful. She and Amanda knew each other for a little over three weeks, long enough to feel their way into their new surroundings and appreciate each other’s interests and temperaments. I never heard about a single tense moment between them.

      Plenty of other people did know of tensions. Meredith’s family and friends all knew Meredith was finding the noisy dirty lazy loud unfocused Knox and her drugs and one-night-stands hard to take.  Her other flatmates found her hard to take. Her employer Patrick found her hard to take. His customers in the bar found her hard to take.  The Lifetime movie got this strident angle pretty straight.

      Remember, Meredith enrolled for a full academic load at the main university. Knox in sharp contrast took only one undemanding language course - which anyone could walk into - requiring maybe 10 hours of study a week.  They increasingly did less together. In fact after several weeks nobody was lining up to have anything to do with Amanda Knox.

      Seemingly unable to reverse herself, she was headed to being among the least popular of students in Perugia.  It should be recalled that the callous remarks by Amanda Knox about the death of her so-called friend Meredith included “Shit happens”, “She fucking bled to death”, and “‘I want to get on with the rest of my life”.

      7. That an intruder knew about the rent money and so murder ensued.

      Meredith, of course, suffered infinitely worse luck than we did: she came home, alone, on an ordinary Thursday night and had her throat slit by an intruder hoping to steal the household rent money.

      There is zero evidence that this was the case. Knox herself ended up with a similar amount of cash that she has never been able to explain. There is zero possibility that Guede would know that any money was lying around - or not lying around, as it was concealed in Meredith’s drawer.

      And take a look at the many images of the brightly lit house at night. There are several dozen other houses behind it in the dark which any smart burglar would have chosen first.  In 2008 two real break-ins occurred at the house - both were in the dark behind the house, which is by far the easiest place to break in.

      And how many burglars break into an occupied home between 8:00pm and 9:00pm at night? Approximately none. So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

      8. That the media got hysterical and portrayed heartless killers.

      But the roles could easily have been reversed. If Meredith’s Italian boyfriend had not gone away for the weekend and if Amanda had not started sleeping over at my house, she—not Meredith—might have been the one found in a pool of blood on her bedroom floor. That reality was quickly lost amid the hysteria of the media coverage. But it continued to hover over both of us—Amanda especially—as we sank into the legal quagmire and struggled in vain to overcome the public image of us as heartless killers.

      There was zero media hysteria. This silly claim was addressed above. Watch the Porta a Porta YouTubes and dozens of other Italian reports and try to find ONE that is not fair and cautious and mature.

      How precisely did the two struggle in vain to overcome their public image? By coming up repeatedly with stories which didnt even tally with others of their own, let alone with one another’s? They never between them made even one helpful statement which actually helped the police.  And even their respective parents strongly suspected or knew of their guilt and were all caught incriminatingly on tape.

      9. That Rudy Guede did it alone; ignore vast evidence that proves not.

      This should not have been a complicated case. The intruder was quickly identified as Rudy Guede, an African immigrant living in Perugia with a history of break-ins and petty crimes. His DNA was found all over Meredith’s room, and footprints made in her blood were found to match his shoes. Everything at the crime scene pointed to a lone assailant, and a single weapon. Guede repeatedly broke into houses by throwing a rock through a window, as happened here, and he had been caught by the authorities in the past with a knife similar to the one that inflicted Meredith’s fatal wounds.

      This is laughable. It has in fact been demonstrated in numerous ways that the attack involved multiple assailants and this was accepted by the Supreme Court.

      Sollecito’s own lawyers never forcefully argued this. They produced two non-credible witnesses in the appeal trial (Alessi and Aviello) to actually prove that Guede had some other accomplices or that several others did it. Also Amanda Knox if anything diverted attention AWAY from Guede as he did in turn from her. He wasn’t quickly identified precisely because Knox had rather credibly fingered Patrick.

      There is no proof Guede was an intruder. The trial court concluded Knox invited him in. Guede had zero proven history of break-ins or petty crimes or drug-dealing, and late in 2008 at his trial Judge Micheli became angry at such claims. Guede had no prior criminal record at all. He had only been back in Perugia for a few weeks, after an extended stay up north.  His DNA was not found “all over” Meredith’s room. A major surprise, in fact, was how few traces of him were found.

      The recreation of the crime scene and the autopsy both pointed AWAY FROM a lone assailant, not toward.  From Meredith’s wounds, it was quite evident that two and perhaps three knives had been used, and not a single weapon. What lone intruder carries or uses two or three knives?  And footprints in blood outside the door matched the feet of both RS and AK. This is why the Supreme Court confirmed Guede’s guilt only “in concorso” (with others).

      10. That the cops could have caught Guede fast, despite Knox’s frame

      Guede did not call the police, as Amanda and I did, or volunteer information, or agree to hours of questioning whenever asked. Rather, he fled to Germany as soon as the investigation began and stayed there until his arrest two and a half weeks later.

      Guede’s apprehension and eventual conviction on murder charges should have been the end of the story. But by the time Guede was identified, the police and the public prosecutor’s office had convinced themselves that the murder was, incredibly, the result of a sexual orgy gone wrong, in which Amanda and I had played leading roles. Their speculations ignited a media firestorm, inspiring sensationalist headlines across the world about the evil lurking behind our seemingly innocent faces.

      The authorities had no shred of evidence to substantiate this story line, only erroneous suppositions and wild imaginings. We had an alibi for the most likely time of death, and none of the initial forensic evidence tied us to the scene of the crime. Nothing in our backgrounds gave any hint of a propensity for violence or criminality. We were both accomplished, hardworking students known to our friends and families for our gentleness and even tempers.

      Four more untrue remarks. All three were convicted of a murder with a sex-crime element and nobody was wrongly “convinced”. Which alibi is Sollecito talking about now? He himself admits in chapter 1 (Love and Death) that they had no “real alibi”. They still have no alibis at all for the second half of the evening, neither of them, when Meredith’s murder indisputably occurred.

      Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was falsified.

      Neither of their backgrounds was squeaky clean. Both had long been into illegal drugs, the loner Sollecito had to be watched by his father and teachers, the increasingly disliked Knox had a history of doing and saying crass off-putting things. Both were lagging behind their brighter peers in their studies and Knox was taking a year off.

      11. That the prosecution fed the media a huge number of false claims.

      Yet the authorities stuck to their guns. They fed the media a steady diet of sensationalist stories of how Amanda, the promiscuous American she-devil, and I, her sex-and-drug-addled Italian helpmeet, had tried without success to drag Meredith into our depravity and punished her by plunging an outsize kitchen knife into her neck.

      Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.

      Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,

      But whereas Mr Mignini famously never leaks, the defenses are widely claimed to have leaked throughout like sieves. So did Sollecito’s own family - they leaked an evidence video to Telenorba TV, for which they were considered for trial. Even we at TJMK and PMF received several offers of juicy leaks. Here is one example of where the Knox forces leaked - wrongly in fact - and then nastily slimed the prosecution and defenseless prison staff.

      12. That the authorities had lots and lots and lots of scenarios.

      It might have been funny if the consequences had not been so devastating. Listening to the tortured language of the prosecution—“one can hypothesize that . . . ,” “it is possible that . . . ,” “one can imagine that . . . ,” “this scenario is not incompatible with . . .”—it became clear that the authorities, like the media, were treating our case with the bizarre levity of an after-dinner game of Clue, or an Agatha Christie mystery. Everyone, even the judges in their black robes, had theories they were itching to air.

      Have Sollecito and Gumbel ever before been in any other court in Italy or the UK or the US?  Every judge and/or jury has to arrive at a scenario on lines not unlike this. That is the whole POINT of having courts - to weight the probabilities in what happened in the crime.  The only difference in Italy is that the judges have to think their verdict through for weeks, and then write it all out, and then see it scrutinized by a higher court. This is hardly a requirement to be sneered at.

      Gumble and Sollecito should have studied how US and UK juries arrive at their own scenarios. Very few US and UK lawyers think they do a better job. Ask those who watched the OJ Simpson and Casey Anthony trials and bitterly criticised the outcomes. And Italy has a vastly lower rate of false imprisonment than the US does.

      13. That Italy is a medieval country with a primitive justice system.

      It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. How was it conceivable that a democratic country known for its style and beauty and effortless charm—the Italy of the Renaissance and la dolce vita—could allow two young people to be catapulted to international notoriety and convicted of a horrific crime on the basis of nothing at all?

      This is not remotely what happened. There was very far from nothing at all. Convictions in the US and UK regularly result based on evidence 1/10 or 1/100 of that here - sometimes from one single evidence point. Any one or several of maybe 100 evidence points here could have convicted them in a US or UK court.

      Italy gives defendants every possible break, and the justice system is seriously loaded against victims and their families. Read here and here.

      14. That the prosecutors office and media were in a grim embrace.

      The answer has something to do with the grim embrace that developed between the prosecutor’s office and the sensationalist media. Like addicts constantly looking for the next fix, each fed the other’s insatiable appetite for titillation and attention. The casual cruelty of “Foxy Knoxy” and her Italian lover became too good a story line to abandon, even when it became apparent it was overheated and unsustainable. Our suffering was the price to be paid for the world’s continuing entertainment.

      WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? This is clearly defamatory if it can’t be proven, and we can turn up no evidence that any of it is true. It has to be one of the most foolish lies in the entire book, it is so easy to disprove. These who are being accused of crimes here are career police and prosecutors secure in their jobs, and none have the slightest gain to make from false convictions.

      15. That in the justice system speculation and hearsay run rampant

      The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause.

      Total mischaracterization. First note that by comparison with any country in the world THERE IS NOT MUCH CRIME IN ITALY.  There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is not lining up to pay taxes.  Italy’s murder rate is 1/6 that of the United States and its prison incarceration rate is 1/30 that of the United States, so where IS all this crime about which the claimed speculation and hearsay are running rampant?

      The legal process could have been fully over by the end of 2009 if (1) there was not the entitlement to two automatic appeals; in UK and US terms there was very little to appeal about;  and (2) the Hellmann appeal court had not been fixed to produce a corrupt outcome, as the displaced judge Sergio Matteini Chiari and Cassation and the Council of Magistrates have all made plain.

      And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained. Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be.

      The Constitution and judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so.  Creating this restraint is a primary reason for the judges’ sentencing reports and all the magistrates’ checks of investigations along the way.

      This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.

      16. That in Italy proof beyond a reasonable doubt scarcely exists

      For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.

      So Gumbel and Sollecito are historians and legal experts now? It would be nice, wouldn’t it, if either were able to explain the remark. This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in 1990 and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.

      There are two things wrong with “..the concept of reasonable doubt scarcely exists in Italy.”

      1. It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries.

      2. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians.  Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.

      Until the 1990 Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings (to punish the guilty) and civil proceedings (to render liable the guilty for damages) were heard at the same time and still sometimes are, as in the Meredith Kercher case.

      What has changed (relevant to the above quote) is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases (the preponderance of evidence or, as we usually refer to it, the balance of probabilities) is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof (beyond reasonable doubt).

      Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. No judge would EVER confuse “beyond reasonable doubt” with “the balance of probabilities” when the issue at stake is depriving an individual of his freedom.

      17. That the Italian judiciary has vast, unfettered powers

      Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves.

      Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.

      The checks and balances on judges in the Italian system are enormous, perhaps the toughest checks and balances in the world. Read here and here about them.

      All of the best judges in the world are independent and they all follow a demanding career path, not elected (as ex-Judge Heavey was) under zero criteria, or appointed under the political sway of politicians. We wonder if Gumbel and Sollecito have ever heard of the US Supreme Court? Do those judges answer to anybody? No? How unfettered. 

      18. That the courts are the most reviled institution in Italy.

      Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. The courts—tainted by politics, clubbishness, pomposity, and excruciating delays—are the most reviled institution in the country.


      As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know.

      And on the issue of popularity we have previously posted this and this and also this.

      Our Italian poster Machiavelli (Yummi), who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:

      For comparison, in 2011 the percentage of Italians who declared they trust the justice system “a lot” or “enough” was 53.3%. By comparison, the percentage of Italians who declared they trust the government “a lot” or “enough”  were 14.7%, and those who trust the parliament were only 15%.

      In 2012, the percentage of Italians who trust the parliament is now only 9.5%, and those who trust the Mario Monti administration are only 21.1%.

      Over the eight years from 2004 to 2012 the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.

      However, some cases of corruption (such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia 2012) do hamper trust.

      The most trusted institutions in Italy above all are the Carabinieri (74% of Italians trust them) and the Polizia di Stato (71%).

      Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors.

      19. That prosecutors can spin their cases into any shape they please.

      Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting.

      Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue. The entire Italian system under the post WWII constitution was designed to PREVENT what Sollecito & Gumbel claim it allows here.

      There are checks and balances and reviews every step of the way. Magistrates (initially Matteini here) determine what a prosecutor may do in developing and presenting a case. Parties may appeal to the Supreme Court AT ANY TIME as Knox’s lawyers did over her second written confession - which she herself had demanded to make in front of Dr Mignini after he finished warning her of her rights.

      Hard for Sollecito & Gumbel to believe, perhaps, but the defense is actually present in the same courtroom. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world.

      And judges actually have minds of their own. And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them.

      Sollecito & Gumbel should have read the 2012 Galati appeal more closely. The Prosecution’s Appeal To The Supreme Court is available in English here.  Precedent has a section to itself - “The non-observance of the principles of law dictated by the Cassation Court in the matter of circumstantial cases (Article 606(b)) in relation to Article 192 paragraph 2 Criminal Procedure Code.”

      Well, that’s precedent, via the Court of Cassation no less! How surprising from Gumbel/Sollecito that they should make that claim about ignoring precedent when in fact there it is, going right to the heart of the flawed Hellmann/Zanetti judgement on circumstantial evidence!  What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent? 

      There is an absurd irony here, were they aware of it. Perhaps they are. Surely it is Hellmann and Zanetti who have displayed “a boundless freedom” in spinning the case “into any shape they please”, and who have “created legal justifications on the fly”?  As for prosecutors doing this, at least Dr Mignini followed the evidence, and American readers may recall the infamous Jim Garrison, the DA hero of Oliver Stone’s movie “JFK” but who in reality, unlike Dr Mignini, was a total and utter crackpot.

      And what issue exploded the Porta a Porta TV show in Italy in September 2012? It was Sollecito’s false claim that the prosecution had secretly tried to offer him a deal if he would roll over on Knox.  NOBODY including his own father and his own lawyers confirmed him. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals.

      Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. (In her book Knox also accused Dr Mignini of a felony.)

      20. That the prosecutors and judges in Italy are far too close.

      Prosecutors and judges are not independent of each other, as they are in Britain or the United States, but belong to the same professional body of magistrates. So a certain coziness between them is inevitable, especially in smaller jurisdictions like Perugia.

      Yes, prosecutors and judges in Italy belong to the same professional body of magistrates. But then so does the defense lawyer Ms Bongiorno. The claim that there is no independence between prosecutors and judges in Italy, in fact a coziness between them, is a bit rich.

      Consider, say, the UK. It is true cases are prosecuted by the Crown Prosecution Service, a government body, but in serious cases the CPS will employ barristers from the Inns of Court. There is scarcely a judge in the UK, even up to the highest level, who was not and who is not still a member of one of the Inns of Court from whence barristers, for the prosecution or for the defence, ply their trade.

      You can’t walk past an Inn without seeing the names of judges on the roll call on the plaques outside. A judge is still a barrister, just fulfilling a different function, although, of course, now paid by the State.  The old school boy tie? Corruption? No, the fulfilling of different roles by members of the same body is called professionalism. 

      Judges and lawyers all belong to the American Bar Association in the US and attend the same conferences. No sign that this lack of “independence” ever affects trials.  This claimed excess of coziness is often ranted about online by the Knoxophile David Anderson who lives near Perugia. Nobody who pays him any attention can get where he derives this from. Maybe he heard it from Hellman?

      Perugia prosecutors and magistrates are all known to do a fine job, and the national Olympics & earthquake relief cases involving powerful Rome politicians were assigned for competent handling to where? To Perugia… Defense lawyer Ghirga and Prosecutor Mignini have the reputation of being good friends. And Mignini and Massei would both draw their salaries from the State. But so what? Do not judges and DAs in the the USA do likewise? Are Gumbel and Sollecito impugning the professionalism of the counterparts of Mignini and Massei all over the world? It sure reads like it.

       


      Wednesday, September 23, 2015

      Supreme Court Confirms All Three Were There And Lied, RS & AK Apologists Desperate To Downplay That

      Posted by Machiavelli




      1. Shocking Sentencing Report

      Despite the public relations campaign this was by any standards a very strong case.

      In contrast the language, logic and law of the Marasca/Bruno Report are about as weak as Rome lawyers have seen. The Fifth Chambers normally handles only appeals of verdicts for fraud, defamation, and other mundane non-violent personal and family injuries and they are forbidden from judging evidence. Their reports are almost invariably 1-3 pages long.

      No finding by any experienced murder judge ever stretches logic and law and evidence as much as this. This grim situation for RS and AK still remains. 

        (1) The report very firmly places all three at the scene of the crime with extensive language on a long list of proofs; but though bizarrely it separates two from the crime itself.

        (2) The final verdict is not “assoluzione” meaning acquittal or innocence but simply “proscioglimento” meaning the dropping of charges (not usually used in a court context, see the note in the final paragraphs of translation) which can be subject to appeal.

        (3) The report does nothing to help Knox and Sollecito to get beyond their calunnia, villiipendio and diffamazione trials. It makes a win against either or both Knox and Sollecito in a wrongful-death suit more or less an assured thing. And it pre-emptively dismisses the frivolous appeal by Amanda Knox to ECHR Strasbourg.

      If the appeal by Knox and Sollecito against the Nencini court findings and guilty sentences had been handled without chicanery, it is the First Chambers which deals with murder cases and which annulled most of the Hellmann appeal outcome in 2013 which would have got this appeal. Almost certainly those judges would have simply rejected the appeal, and sent Knox and Sollecito right back to jail.

      The report makes lawyers question why Knox and Sollecito were not at minimum found guilty of being accessories to murder after the fact. Even the defense teams seem to have realised the risks in the shaky judgement

      2. Passages Finding Knox And Sollecito Were There

      In chapters 4, 9 and 10 the Marasca/Bruno report makes very clear that Knox and Sollecito were both at the house on the night. They find that the proof of that stands up. Highlighted in the translation below are passages amount to the firm conclusion that Knox definitely was there, with blood on her hands, and Sollecito logically also.

      From Chapter 4

      4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(…) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.

      Well, so the “fact” that was ascertained within that verdict, indisputably, is Guede’s participation in the murder “concurring with other people, who remain unknown”. The invoking of the procedural norms indicated means that the usability of such fact-finding is subordinate to [depends on] the double conditions [possibility] to reconcile such fact within the scope of the “object of proof” which is relevant to the current judgement, and on the existence of further pieces of evidence to confirm its reliability.

      Such double verification, in the current case, has an abundantly positive outcome. In fact it is manifestly evident that such fact, which was ascertained elsewhere [aliunde], relates to the object of cognition of the current judgement. The [court’s] assessment of it, in accord with other trial findings which are valuable to confirm its reliability, is equally correct. We refer to the multiple elements, linked to the overall reconstruction of events, which rule out that Guede could have acted alone.

      Firstly, testifying in this direction are the two main wounds (actually three) observed on the victim’s neck, on each side, with a diversified path and features, attributable most likely (even if the data is contested by the defense) to two different cutting weapons. And also, the lack of signs of resistance by the young woman, since no traces of the assailant were found under her nails, and there is no evidence elsewhere [aliunde] of any desperate attempt to oppose the aggressor; the bruises on her upper limbs and those on mandibular area and lips (likely the result of forcible hand action of constraint meant to keep the victim’s mouth shut) found during the cadaver examination, and above all, the appalling modalities of the murder, which were not adequately pointed out in the appealed ruling.

      And in fact, the same ruling (p. 323 and 325) reports of abundant blood spatters found on the right door of the wardrobe located inside Kercher’s room, about 50 cm above the floor. Such occurrence, given the location and direction of the drops, could probably lead to the conclusion that the young woman had her throat literally “slashed” likely as she was kneeling, while her head was being forcibly held [hold] tilted towards the floor, at a close distance from the wardrobe, when she was hit by multiple stab wounds at her neck, one of which – the one inflicted on the left side of her neck – caused her death, due to asphyxia following [to] the massive bleeding, which also filled the breathing ways preventing breathing activity, a situation aggravated by the rupture of the hyoid bone – this also linkable to the blade action – with consequent dyspnoea” (p. 48).

      Such a mechanical action is hardly attributable to the conduct of one person alone.

      [Ed note: Firm settling on motive is not required in Italian law.] On the other hand such factual finding, when adequately valued, could have been not devoid of meaning as for researching the motive, given that [27] the extreme violence of the criminal action could have been seen – because of its abnormal disproportion – not compatible with any of the explanations given in the verdict, such as mere simple grudges with Ms. Knox (also denied by testimonies presented, [even] by the victim’s mother);  with sexual urges of any of the participants, or maybe even with the theory of a sex game gone wrong, of which, by the way, no mark was found on the victim’s body, besides the violation of her sexuality by a hand action of Mr. Guede, because of the DNA that could be linked to him found inside the vagina of Ms. Kercher, the consent of whom, however, during a preliminary phase of physical approach possibly consensual at the beginning, could not be ruled out. 

      Such finding is even less compatible with the theory of the intrusion of an unknown thief inside the house, if we consider that, within the course of ordinary events, while it is possible that a thief is taken by an uncontrollable sexual urge leading him to assail a young woman when he sees her,  it’s rather unlikely that after a physical and sexual aggression he would also commit a gratuitous murder, especially not with the fierce brutality of this case, rather than running away quickly instead. Unless, obviously, we think about the disturbed personality of a serial killer, but there is no trace of that in the trial findings, since there are no records that any other killings of young women with the same modus operandi were committed in Perugia at that time.

      From Chapter 9

               

      9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

      About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.

      We make reference in particular to those declarations that the current appellant [Knox] produced on 11. 6. 2007 (p.96) inside the State Police headquarters. On the other hand, in the slanderous declarations against Lumumba, which earned her a conviction, the status of which is now protected as final judgement [giudicato], [they] had themselves exactly that premise in the narrative, that is: the presence of the young American woman inside the house in via della Pergola, a circumstance which nobody at that time – except obviously the other people present inside the house – could have known (quote p. 96).

      According to the slanderous statements of Ms. Knox, she had returned home in the company of Lumumba, who she had met by chance in Piazza Grimana, and when Ms. Kercher arrived in the house, Knox’s companion directed sexual attentions toward the young English woman, then he went together with her in her room, from which the harrowing scream came. So, it was Lumumba who killed Meredith and she could affirm this since she was on the scene of crime herself, albeit in another room.

      Another element against her is the mixed DNA traces, her and the victim’s one, in the “small bathroom”, an eloquent proof that anyway she had come into contact with the blood of the latter, which she tried to wash away from herself (it was, it seems, diluted blood, while the biological traces belonging to her would be the consequence of epithelial rubbing).

      (Ed: This next passages on hypotheticals shows how ignorant of murder jurisprudence Marasca & Bruno were, they had never handled a murder case before.]  The fact is very suspicious, but it’s not decisive, besides the known considerations about the sure nature and attribution of the traces in question. 

      Nonetheless, even if we deem the attribution certain, the trial element would not be unequivocal, since it may show also a posthumous touching of that blood, during the probable attempt of removing the most visible traces of what had happened, maybe to help cover up for someone or to steer away suspicion from herself, but not contributing to full certainty about her direct involvement in the murderous action. Any further and more pertaining interpretation in fact would be anyway resisted by the circumstance – this is decisive indeed – that no trace linkable to her was found on the scene of crime or on the victim’s body, so it follows – if we concede everything – that her contact with the victim’s blood happened in a subsequent moment and in another room of the house.

      Another element against her is certainly constituted by the false accusations [calunnia] against Mr. Lumumba, afore-mentioned above.

      It is not understandable, in fact, what reason could have driven the young woman to produce such serious accusations. The theory that she did so in order to escape psychological pressure from detectives seems extremely fragile, given that the woman [47] could not fail to realize that such accusations directed against her boss would turn out to be false very soon, given that, as she knew very well, Mr. Lumumba had no relationship with Ms. Kercher nor with the Via della Pergola house. Furthermore, the ability to present an ironclad alibi would have allowed Lumumba to obtain release and subsequently the dropping of charges.

      However, the said calunnia is another circumstantial element against the current appellant, insofar as it can be considered a strategy in order to cover up for Mr. Guede, whom she had an interest to protect because of fear of retaliatory accusations against her. This is confirmed by the fact that Mr. Lumumba, like Mr. Guede, is a man of colour, hence the indication of the first one would be safe in the event that the latter could have been seen by someone while entering or exiting the apartment. 

      And moreover, the staging of a theft in Romanelli’s room, which she is accused of,  is also a relevant point within an incriminating picture, considering the elements of strong suspicion (location of glass shards – apparently resulting from the breaking of a glass window pane caused by the throwing of a rock from the outside – on top of, but also under clothes and furniture), a staging, which can be linked to someone who – as an author of the murder and a flatmate [titolare] with a formal [“qualified”] connection to the dwelling – had an interest to steer suspicion away from himself/herself, while a third murderer in contrast would be motivated by a very different urge after the killing, that is to leave the apartment as quickly as possible.

      But also this element is substantially ambiguous, especially if we consider the fact that when the postal police arrived – they arrived in Via della Pergola for another reason: to search for Ms. Romanelli, the owner of the telephone SIM card found inside one of the phones retrieved in via Sperandio – the current appellants themselves, Sollecito specifically, were the ones who pointed out the anomalous situation to the officers, as nothing appeared to be stolen from Ms. Romanelli’s room. 

      Elements of strong suspicion are also in the inconsistencies and lies which the suspect woman committed over the statements she released on various occasions, especially in the places where her narrative was contradicted by the telephone records showing different incoming SMS messages; by the testimonies of Antonio Curatolo about the presence of [the same] Amanda Knox in piazza Grimana in the company of Sollecito, and of Mario Quintavalle about her presence inside the supermarket the morning of the day after the murder, maybe to buy detergents.

      Despite this, the features of intrinsic inconsistency and poor reliability of the witnesses, which were objected to many times during the trial, do not allow to attribute unconditional trust to their versions, in order to prove with reassuring certainty the failure, and so the falsehood, of the alibi presented by the suspect woman, who claimed to have been at her boyfriend’s home since the late afternoon of November 1st until the morning of the following day. Mr. Curatolo (an enigmatic character: a clochard, drug addicted and dealer) [48] besides the fact that his declarations were late and the fact that he was not foreign to judiciary showing-off in judicial cases with a strong media impact, he was also contradicted about his reference to young people waiting for public buses to leave in the direction of disco clubs in the area, since it was asserted that the night of the murder the bus service was not operational; and also the reference to masks and jokes, which he says he witnessed that evening, would lead to believe that it was on Halloween night, on October 31., and not on Nov. 1. instead.

      The latter point apparently balances – still within a context of uncertainty and ambiguousness – the witness’ reference to (regarding the context where he reportedly noticed the two suspects together) the day before the one when he noticed (at an afternoon hour) an unusual movement of Police and Carabinieri, and in particular people wearing white suites and head covers (as if they were extra-terrestrials) entering the house in Via della Pergola (obviously on November 2., after the discovery of the body).

      Mr. Quintavalle – apart from the lateness of his statements, initially reticent and generic – did not offer any contribute of certainty, not even about the goods bought by the young woman noticed on the morning subsequent to the murder, when he opened his store, while his recognizing Knox in the courtroom is not relevant, since her image had appeared on all newspapers and tv news.

      Regarding the biological traces, signed with letters A and I (the latter analysed by the RIS) sampled from the knife seized in Sollecito’s house and yielding Knox’s genetic profile, they constitute a neutral element, given that the same suspect lived together with Mr. Sollecito in the same home in via Garibaldi, although she alternated with the via della Pergola home, and – as for what was said – the same instrument did not have blood traces from Ms. Kercher, a negative circumstance that contrasted the accusation hypotheses that it was the murder weapon.

      On that point, it must be pointed out that – again following a disputable strategic choice by the scientific police genetic experts – it was decided that the investigation aimed at identifying the genetic profile should be privileged, rather than finding its biological nature, given that the quantity of the samples did not allow a double test: the quality test would in fact would have “used up” the sample or made it unusable for further tests. A very disputable option, since the detecting of blood traces, referable to Ms. Kercher, would have provided the trial with a datum of a formidable probative relevance, incontrovertibly certifying the use of the weapon for the committing of the crime.

      The verified presence of the same weapon inside Sollecito’s house, where Ms. Knox was living together with him, would have allowed then any possible deduction in this respect. Instead, the verified identification of the traces with genetic profiles of Ms. Knox resolves itself in a not unequivocal and rather indifferent datum, given that the young American woman was living together with Mr. Sollecito, sharing time between his dwelling and [49] the Via della Pergola one. Not only that, but even if it was possible to attribute with certainty trace B to the genetic profile of Ms. Kercher, the trial datum would have been not decisive (since it’s not a blood trace), given the promiscuity or commonality of inter-personal relations typical of out-of-town students, which make it plausible that a kitchen knife or any other tool could be transported from one house to the other and thus, the seized knife could have been brought by Ms. Knox in Via della Pergola for domestic use, in occasion of convivial meetings or other events, and therefore be used by Ms. Kercher.

      What is certain is, that on the knife no blood traces were found, a lack which cannot be referred to an accurate cleaning. As was accurately pointed out by the defence attorneys, the knife had traces of starch, a sign of ordinary home use and of a washing anything but accurate. Not only, but starch is, notoriously, a substance with remarkable absorbing property, thus it is very likely that in the event of a stabbing, blood elements would be retained by it.

      It is completely implausible the accusative assumption on the point, that the young woman would be used to carrying the bulky item with her for a self-defence purpose, using – it is said – the large bag she had for that purpose.  It wouldn’t be actually understandable why the woman, if warned by her boyfriend to pay attention during her night time movements, was not in possession of one of the small pocket knives surely owned by Sollecito, who apparently had the hobby of that kind of weapon and was a collector of a number of them.

      Finally, the matching with the current appellant woman of the footprints found in the place location of the murder is far from being certain.             

      9.4.2 Also the evidential picture about Mr. Sollecito, emerging from the impugned verdict, appears marked by intrinsic and irreducible contradictions. His presence on the murder scene, and specifically inside the room where the murder was committed, is linked to only the biological trace found on the bra fastener hook (item 165/b), the attribution of which, however, cannot have any certainty, since such trace is insusceptible of a second amplification, given its scarce amount, for that it is – as we said – an element lacking of circumstantial evidentiary value.

      There remains anyway the strong suspicion that he was actually in the Via della Pergola house the night of the murder, in a moment that, however, it was impossible to determine. On the other hand, since the presence of Ms. Knox inside the house is sure, it is hardly credible that he was not with her. 

      And even following one of the versions released by the woman, that is the one in accord to which, returning home in the morning of November 2. after a night spent at her boyfriend’s place, she reports of having immediately noticed that something strange had happened (open door, blood traces everywhere); or even the other one, that she reports in her memorial, in accord to which she was present in the house at the time of the murder, but in a different room, not the one in which the violent aggression on Ms. Kercher was being committed, it is very strange that she did not call her boyfriend, since there is no record about a phone call from her, based on the phone records within the file. Even more if we consider that having being in Italy for a short time, she would be presumably uninformed about what to do in such emergency cases, therefore the first and maybe only person whom she could ask for help would have been her boyfriend himself, who lived only a few hundred meters away from her house. Not doing this signifies Sollecito was with her, unaffected, obviously, the procedural relevance of his mere presence in that house, in the absence of certain proof of his causal contribution to the murderous action. 

      The defensive argument extending the computer interaction up to the visualization of a cartoon, downloaded from the internet, in a time that they claim compatible with the time of death of Ms. Kercher, is certainly not sufficient to dispel such strong suspicions. In fact, even following the reconstruction claimed by the defence and even if we assume as certain that the interaction was by Mr. Sollecito himself and that he watched the whole clip, still the time of ending of his computer activity wouldn’t be incompatible with his subsequent presence in Ms. Kercher’s house, given the short distance between the two houses, walkable in about ten [sic] minutes.

      An element of strong suspicion, also, derives from his confirmation, during spontaneous declarations, the alibi presented by Ms. Knox about the presence of both inside the house of the current appellant the night of the murder,  a theory that is denied by the statements of Curatolo, who declared of having witnessed the two together from 21:30 until 24:00 in piazza Grimana; and by Quintavalle on the presence of a young woman, later identified as Ms. Knox, when he opened his store in the morning of November 2. But as it was previously noted, such witness statements appeared to have strong margins of ambiguity and approximation, so that could not reasonably constitute the foundation of any certainty, besides the problematic judgement of reliability expressed by the lower [a quo] judge.

      An umpteenth element of suspicion is the basic failure of the alibi linked to other, claimed human interactions in the computer of his belongings, albeit if we can’t talk about false alibi, since it’s more appropriate to speak about unsuccessful alibi. 

      Finally, no certainty could be reached [was acquired] about the attribution to Mr. Sollecito of the footprints found in the via della Pergola house, about which the technical reports carried out have not gone beyond a judgement of “probable identity”, and not of certainty (p. 260/1).

      9.4.3. It is simply the case to observe, that the declaration of the lacking of a probative framework, coherent and sufficient to support the accusatory hypothesis regarding the more serious case of the homicide, reverberates on the residual, accessory charges referred in point d) (theft of the phones) and e) (simulation of crime).

      From Chapter 10

      10. The intrinsic contradiction of probative elements emerging from the text of the appealed sentence, undermines in nuce the connecting tissue of the same sentence, causing the annulment of it.

      And in fact, when facing a picture marked by such contradiction, the appeal judge was not supposed to issue a conviction but rather – as we observed above – they were compelled to issue a ruling of acquittal with reference to art. 530 paragraph 2 of penal procedure code. 

      At this point the last question remains, about the annulment formula – that is, whether it should be annulled with remand or without remand. The solving of such question is obviously related to the objective possibility of further tests, which could resolve the aspects of uncertainty, maybe through new technical investigations. 

      The answer is certainly negative, because the biological traces on the items relevant to the investigation are of scarce entity, as such they can’t undergo amplification, and thus they won’t render answers of absolute reliability, neither in terms of identity nor in terms of compatibility.

      The computers belonging to Amanda Knox and to Ms. Kercher, which maybe could have provided information useful to the investigation, were, incredibly, burned by hazardous operations by investigators, which caused electric shock following a probable error of power source; and they can’t render any further information anymore, since it’s an irreversible damage. [Ed: unproven how damage occurred, all records were recovered.]

      The set of court testimonies is exhaustive, given the accuracy and completeness of the evidentiary trial phase, which had re-openings both times in the instances of appeal [rinvio; sic].

      Mr. Guede, who was sure a co-participant to the murder, has always refused to cooperate, and for the already stated reasons he can’t be compelled to testify.

      The technical tests requested by the defence cannot grant any contribution of clarity, not only because a long time has passed, but also because they regard aspects of problematic examination (such as the possibility of selective cleaning) or of manifest irrelevance (technical analysis on Sollecito’s computer) given that is was possible, as said, for him to go to Kercher’s house whatever the length of his interaction with the computer (even if one concedes that such interaction exists), or they are manifestly unnecessary, given that some unexceptionable technical analysis carried out are exhaustive (such are for example the cadaver inspection and the following medico-legal examinations).   

      Following the considerations above, it is obvious that a remand [rinvio] would be useless, hence the declaration of annulment without remand, based on art. 620 L) of the procedure code, thus we apply an acquittal [proscioglimento *] formula [see note just below] of dropping of charges which a further judge on remand would be anyway compelled to apply, to abide to the principles of law established in this current sentence.

      [Translator’s note:  Under the Italian Procedure Code, the Italian word for “acquittal” is actually “assoluzione”; while the term “proscioglimento” instead, actually refers only to non-definitive preliminary judgements during the investigation phase, and it could be translated as “dropping of charges”. When applied to the investigation phase “proscioglimento” is normally meant as a not-binding decision, not subjected to double jeopardy, since it is not considered a judgement nor a court’s decision.]

      The annulment of the verdict of conviction of Ms. Knox as for the crime written at letter A), implies the ruling out of the aggravation of teleological nexus as for the art. 61 par. 2 Penal Code. The ruling out of such aggravating circumstance makes it necessary to re-determine the penalty, which is to be quantified in the same length established by the Court of Appeals of Perugia, about the adequacy of which large and sufficient justification was given, based on determination parameters which are to be subscribed to entirely.

      It is just worth to note that the outcome of the judgement allows to deem as absorbed, or implicitly ruled out, any other objection, deduction or request by the defences, while any other argumentative aspect among those not examined, should be deemed manifestly inadmissible since it obviously belongs to the merit.



      3. Wrong Translation Circulated By Amanda Knox

      This version was garbled apparently to try to show innocence.  (It is a crime to deliberately garble Italian legal documents.)



      [Above: wrong Knox version]



      [Above: wrong Knox version]


      Monday, August 10, 2015

      Problems With Fred Davies #2: His Claims On Knives, Wounds And Stains Also Highly Mislead

      Posted by James Raper



      Several of the numerous scientific witnesses; some evidence was behind closed doors

      Overview Of This Post

      Remember that Amanda Knox, a felon for life, served three years for framing Patrick for murder.

      In my previous post I dismissed the claim which the British barrister FG (Fred) Davies pervasively made in Parts 1 to 20 of his mammoth series in Criminal Law and Justice Weekly that it was actually Guede and his team who had somehow framed Knox and Sollecito for a crime he alone committed and left all of Italian law enforcement bamboozled.

      I now have Parts 21 to 26 as well, all of the series, and I wish to examine one more large area of cherrypicked facts and misinterpretations, along with Davies’s final conclusion.

      First, Fred Davies’s Final Scenario

      As anticipated,  Davies concludes that Knox and Sollecito should only have been convicted of the charge of simulating a burglary. He presents his own synopsis of what happened on the night of the murder which has both Knox and Guede present at the cottage for the murder, but not Sollecito.

      Davies says it is Guede who sexually assaults and stabs Meredith. Knox, unaware of what was going to happen is horrified and scared out of her wits, retreating to her bedroom and locking herself in.

      Davies says Guede flees, ignoring or unable to do anything about the fact there is/was a witness to his horrific crime. When it’s safe to do so Knox emerges and meets up with Sollecito.

      Davies says that Knox, fearing that if she went to the police she would only end up being accused of involvement in the murder, persuades Sollecito to be her alibi, and to stage the scene to point to a burglar, and Sollecito, being the Honour Bound sort of chap he is, agrees to go along with this. Once they both embark on this course of action there us no turning back.

      I trust that you are all duly intrigued with Davies’s scenario and panting to learn how and why he arrives at it. Unfortunately this will have to wait until another day if it is to be from me.

      He has, after all, taken 26 Chapters in half a year to get to this point and I am not yet ready to deal with them comprehensively. Others here may contribute posts and discuss implications with the Criminal Law editor.

      Fred Davies On Knife Or Knives

      Whilst I guess most comments are going to be about the above synopsis, I am going to deal with his thoughts regarding the knives, these being quite central to his synopsis.

      My argument below is supported by numerous previous posters none of whom differed markedly from Massei or Nencini. 

      Davies in contrast is sharply critical of Massei. He simply excludes the Double DNA knife (Exhibit 36) as the murder weapon.

      He is also critical….nay, I would have to say that he is outraged…. at Massei holding that Sollecito was responsible for the lesser of the two wounds, that on the right side of Meredith’s neck. He is critical of Micheli for not finding, as a matter of fact, that Guede was the one responsible for the wounds, using his own knife which has yet to be recovered.

      Without more ado I will proceed to Mr Davies’ evaluation:

      “The finding against Sollecito that it was he who inflicted two of the three wounds to Meredith Kercher using a pocket knife which was in his possession at the material time is deeply flawed, offensive and wrong in law”

      Well, I was unaware that Massei had found that Sollecito inflicted two of the three wounds. In fact I am not aware of three wounds (unless he includes what is effectively a nick) , but if there were then Massei only attempted to attribute two, the one to the right of the neck, 4 cms deep and with a width of 1.5 cms, being attributed to Sollecito’s “pocket knife“.

      It did not cause any significant structural damage, unlike the wound to the left, 8 cms deep and 8 cms wide which had penetrated both Meredith’s larynx and the cartilage of the epiglottis, and had broken the hyoid bone. 

      Is the rest “deeply flawed, offensive and wrong in law”?

      “It could not have been part of the prosecution case that Sollecito used a pocket knife to subdue and stab Meredith Kercher. If it had why was Sollecito and/or Knox not charged with carrying the said pocket knife without justified reason? To recapitulate,, the charge alleged that the killing was achieved by means of………….and deep lesions to the left anterior-lateral and right lateral regions of the neck, caused by a bladed weapon (Exhibit 36).

      The Massei Court’s finding strikes against basic principles of fairness which applies to all criminal proceedings. Put another way, a criminal court is not generally entitled to bring in a verdict which differs markedly from the basis on which the prosecution puts it’s case. This is because the defence would not be able to adequately prepare and meet such an unexpected contingency. In plain English the defence would be ambushed or taken by surprise. In this case the defence was ambushed and the defendants’ rights (Knox and Sollecito) were fundamentally infringed.”

      Oh come on! Ambushed? Really?

      OK, so the charge did indeed indicate that that both the right and left sided wounds were caused by “a bladed weapon to which Chapter B applies” (Exhibit 36) but the reality is that the defence always knew that Exhibit 36 (because of it’s dimensions and in particular it’s width 4cms from the tip) could not have been the cause of the wound to the left anterior lateral. That’s a matter of simple logic and in any event every expert and all the lawyers in the case agreed on that.

      So the way the charge was erroneously framed in fact misled no-one.

      Indeed had the defence thought so then they could have raised the matter. Mr Davies does not claim that Massei did not have the power to amend the indictment. If the court was unable to, or the defence chose not to raise it, either way thinking it was a clever appeal point, then it did not become one.

      Indeed, Mr Davies will know anyway that in English law, by virtue of The Indictments Act 1915, courts can (and frequently do) order an amendment to an indictment at any stage (which includes during a trial) provided the amendment does not result in an injustice to the accused.  This is a practical necessity as it would be an affront to the concept of justice if defendants were to be acquitted on the basis of a mere technicality.

      One might consider what amendment might have been made.

      A possibility is that reference to the right-sided wound might have been excluded. It was the left-sided wound that was fatal, after all, and caused, as the prosecution would endeavour to prove, by a weapon which, as it happened, belonged to Sollecito.

      The prosecution did, of course, maintain that it was Knox who wielded the weapon, but might, as an alternative, have also asserted that it was Sollecito. Indeed the framing of the charge leaves it an open question as to which of them did. They were charged jointly with having caused Meredith’s death.

      The evidence that it may have been either (AK or RS) is a common feature of cases to which the English legal doctrine of joint criminal enterprise applies.

      The doctrine applies particularly to a case such as this in that no matter who actually wields the weapon the other participant in the common enterprise is deemed to possess the same level of criminal liability even if he did not know that there was a knife or that it would be so used. Being reckless as to that possibility is sufficient.

      It is surprising how often how little is required to establish joint enterprise. Frequently the mere fact that the participants know each other and were there, and that the situation was a combustible one of the group’s making, is enough. The doctrine has come in for a great deal of justified criticism but despite this remains firm law.

      My preference would have been to amend the indictment to refer to the right sided wound being caused by a bladed weapon, the blade being of indeterminate length but with a width of approximately 1.5 cms. It is the width of the wound that is salient because it is indicative of the width of the blade on the knife being used which, whilst also being indicative of the likely length of the blade, but without being sure, could be either a pocket knife (4 cms or more) or a flick knife (which could also be a pocket knife). 1.5 cms is about the width of the tip of one’s index finger, by the way.

      Massei, and others, always refer to this knife as a pocket knife. However henceforth I am going to write “pocket knife“ to refer to the options of a pocket knife with a blade of 4cms or more, or a flick knife.

      As to Mr Davies other point as to why Sollecito was not specifically charged with carrying a “pocket knife” without justified reason, I do not know, but since the framing of charges is a matter for the prosecution, one might as well leave the matter there.

      In any event the lack of a specific charge does not in any way preclude a court from inferring the nature of a weapon from the pathology of the wound nor from identifying the probable assailant (as distinct from having to prove beyond a reasonable doubt the culpability of a single perpetrator named in a specific charge of “carrying“).

      Guede did not ever face a specific charge of carrying a weapon but that does not prevent Mr Davis from concluding that Guede had a knife and had stabbed Meredith. It seems that Mr Davies would have been quite happy for Guede to have been so charged and convicted on Professor Vinci’s (see later) dubious testimony.

      In this last respect, however, Mr Davies could have more telling argument. Lets see.

      “To infer that Sollecito had a pocket knife at Via della Pergola 7 on the fateful evening of November 1-2, based on the character evidence of four witnesses called for the defence, was to say the least highly unusual..”

      I think the operative words here are “witnesses called for the defence”, amongst whom was Sollecito’s own father. Yes, highly unusual but then that is what happens when you do not vet your own character witnesses before cross-examination.

      Sollecito’s proclivity for carrying a knife (usually a pocket knife) at all times (and indeed he had one on him at the time of his arrest in the Police Station) is highly relevant. These witnesses referred to a knife with a blade of about 4 cms, or perhaps 6 cms.

      In addition Sollecito was something of a knife aficionado. The police found two specialist knives, a Spiderco and a 2004 model Brian Tighe. Neither of these can be connected to Meredith’s wounds but they are indicative of his affinity to weapons specifically designed to be used in a fight to maim or kill. Clearly a flick knife falls into the same category.

      As to proclivity evidence against Guede one can refer to his brief possession of a kitchen knife acquired at and belonging to the Milan nursery (which he did not break into, he had been given a key).

      There is, of course, Tramontano’s dubious claim (angrily dismissed by Micheli even though Guede was never given the chance to challenge this in court) that a black man broke into his property and, confronted by Tramontano, had pulled out a flick knife as he exited. Tramontano tried to claim the burglar was probably Guede based on a photo of him he had seen in a newspaper. If it really was Guede he was not carrying that knife with him at the Milan nursery 8 weeks later.

      “Even if Sollecito was present at the scene of the crime (as distinct from being complicit), the court could not have been sure that any “pocket knife” in his possession, which incidentally was never recovered, had inflicted all or some of the injuries, the most cogent rationale being:

      1. The prosecution could not prove the dimensions and the character of the knife were consistent with the injuries inflicted upon Meredith Kercher.

      2. The Court paid scant regard to the totality of expert opinion as to the type of bladed weapon (or weapons) which had been used to stab the victim

      3. The Court paid scant regard to the dimensions of a bloody outline of a knife found on Meredith’s pillow

      4. Consequently the Court could not have been sure that any pocket knife and, a fortiori, exhibit 36 had been used to stab Meredith that fateful night.”

      As to 1 above, we know that no suitable weapon was ever recovered but if the indictment had been amended in accordance with my preference then the prosecution would easily have proved that part of the indictment, relating as it does to the wound on the right side of the neck.

      It is a reasonable inference on the balance of probabilities that the wound was caused by a “pocket knife” and if one accepts the presence of multiple attackers (which I understand is a judicial truth in the case even following the latest acquittal of Knox and Sollecito) then, again on the balance of probabilities, and taking into account all the other circumstantial evidence in the case, I submit that it is a reasonable inference that it was Sollecito’s “pocket knife“.

      The bar of “beyond a reasonable doubt” applies to culpability re the specified charge and is not to be confused with the elements.

      As to 2, this simply is not true. I shall look at the totality of the expert opinion in a moment but suffice it to say that Massei spent a considerable amount of time in his Motivation detailing with and discussing the defence experts’ opinions.

      As to 3, (and it was not on the pillow but the bedsheet) it was Professor Vinci’s contention that the bloody outline (there was a dual outline, he said) was left by a knife with a blade 11.3 cms long or a knife with a blade 9.6 cms long with a congruent section of handle 1.7 cms long (9.6 + 1.7 = 11.3). Davies does not mention a blade width but in fact Professor Vinci actually says 1.3 to 1.4 cms wide.

      Taking these measurements as read, Davies points out that they are incompatible with either a pocket knife (such as Sollecito had a proclivity to carry) and Exhibit 36. I have no argument with that observation. It follows, he then argues, that one has to infer the presence of a third knife in any hypothesis and if a pocket knife and Exhibit 36 are already accounted for by Knox and Sollecito then a reasonable inference is that the third knife would have to be Guede’s. Indeed (Davies does not say this, but I will) Professor Vinci’s blade is not incompatible a priori with either of the two wounds.

      This is worth looking at seriously as so far it is the only worthwhile point Davies has made.

      First of all I have to say that I have searched for but have not found any rebuttal evidence or comment from the prosecution amongst the documents on the Wiki.  I do not even see a question on the matter in the cross-examination of Professor Vinci.

      Massei only briefly commented about the bloody outline on the bed sheet.  He opined that the blood stains were certainly “suggestive” but insufficient to establish any clear outlines from which reliable measurements could be established. Clearly then he did not accord any reliability to Professor Vinci’s measurements. But is Massei right? One does not have to be an expert to consider this.

      First of all, here are images of the blood stains.






      In the picture below the stained section of sheet is cut out for analysis the day after the discovery of the murder.

      Did the prosecution overlook their own analysis of the stains? Did they deliberately do so after Exhibit 36 was found, 9 days later on the 12th November, to have Meredith’s DNA on it? Or did they always know that the stains established nothing?






      The next question to be asked is whether we can see the outline of a knife, or rather a blade. I think the honest answer to that is, on balance, yes. We think we see the tip of a blade, do we not? Maybe two, maybe even three.

      It is fairly clear that Professor Vinci takes the largest of the stains to be the hilt of the handle to the knife. Lining that up with what is perhaps the likely clearest possible perceived blade tip (being the middle out of a possible three I believe I see) then the distance to the perceived hilt is indeed something like the 9.6 cms which Professor Vinci has measured.

      But there are problems. Here are two of Ergon’s photos from his posts here and here with Exhibit 36 superimposed on the stains in two different positions to reflect the supposed dual outlines.










      The blob of blood in the bottom left of the pictures and it’s lesser moon at 1, or 2, o’clock are regarded as having come from the same position on the blade and so with that reference point the blade is positioned accordingly in each photo.

      We can surely take it that Professor Vinci also sees the same duality. But if the bloody hilt is aligned to fit with “the moon” stain in order to get the 9.6 cms measurement, then what has happened to that large hilt stain when the knife is moved further to the left, and then dropped a bit, to align to the moon’s planet (the blob)?

      It has either disappeared or become an edge. That doesn’t make sense if “the moon” is the lesser version of the blob. The blob has to come from the first positioning of the knife. Despite this, in the knife’s later position the volume of blood at the hilt has actually increased comparative to the knife’s first position. That doesn’t make sense either.

      So maybe the largest stain pre-exists, even for perhaps a moment, the stains suggesting the blade outlines, but in that case we can throw Professor Vinci’s measurements out of the window.

      Can we do without the blob and it’s moon? It’s all a lot less convincing without them. But in truth we cannot even be sure that they are related. Nor that the largest stain has anything to do with the hilt of a knife.

      A further connected observation concerns Professor Vinci’s claim that the blade of the knife is 1.3/1.4 cms wide. Like the rest of his evidence I do not find this very convincing. I suspect that he has deduced this from the largest stain which has a length, he says, of 1.7 cms. It’s width could then be something like 1.3/1.4 cms.

      If the width of the knife is represented by approximately 1.4 cms then, given the position of the bloody hilt relative to the tip of it’s blade, what are we to make of the two spots of blood in a horizontal line above? They look like the upper (or lower) edge of a knife but they can’t be without making the blade wider.

      Why does it have to be the same knife anyway? The stains could be the result of two different knives collected and laid to rest in the same spot.

      The blood stains are certainly bewitching - rather like seeing patterns in tea leaves at the bottom of one’s cup - but on the balance of probabilities I would not totally rely on anyone’s perception of them even, with all due respect, Ergon’s but his analysis is as good as anyone’s, and that for me is the point of it.

      In short I think that Massei was probably right. These stains are suggestive but basically useless and the police/prosecution ignored them for that reason.

      “Consistent with English law the Massei Court’s findings should be struck down as Wednesbury unreasonable. Where there is no evidence to support a finding of a court or the court has reached a conclusion which is irrational or perverse, in the light of the evidence adduced at trial, a conviction based on that part of the evidence cannot be sustained……….The Massei Court also appears to have violated Article 6 of the European Convention on Human Rights (the right to a fair trial),”

      Yeah, right.  The case to which he refers, Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1KB 223, is an odd and unnecessary one to pray in aid.  It was a civil case where the appellant sought judicial review in respect of a licencing decision. As a formulation of a first principle of natural justice it is, of course, unquestionable. However the claim that Massei reached a conclusion that was irrational or perverse is laughable.

      It is at this point that one does begin to wonder whether Davies is indeed connected in some way with the daffy Nigel Scott (Sollecito‘s ex Lib Dem Haringey Councillor groupie) who similarly emerges with bizarre arguments.

      Next, in his evaluation, we come to a numbers game as to who was for and against the incompatibility of Exhibit 36 with the fatal wound on the left side, but before I enter into that game I want to make a point about incompatibility.

      A knife blade is only incompatible with a wound if the depth of the wound is longer than the length of the blade or if the width of the wound is shorter than the width of the blade at the relevant depth.

      We can therefore establish that Exhibit 36 was not incompatible, a priori, with the depth of the wound.  The blade on Exhibit 36 was 17. 5 cms long and the depth of the wound was 8 cms.

      Yes, I know that other arguments as to incompatibility were advanced based, in the main, on these measurements. These Massei logically deconstructed. In fairness to Mr Davies he did not advance them in his evaluation and so neither shall I.

      I would also have to concede that Sollecito’s “pocket knife” is not incompatible a priori with the wound on the left side nor, even if it‘s length of blade was over 4 cms, with the wound on the right. Nor Professor Vinci’s knife either.

      The same is true of the width of these knives.

      It should however be recalled that the width of the right-sided wound was also 8 cms. That is over 5 times the width of the “pocket knife”. The width of the blade on Exhibit 36 - 8 cms from it’s tip - was twice the width of the blade on the “pocket knife”.

      This fact, and the robustness of the larger weapon, particularly with regard to the observed butchering at the base of the right-sided cut, makes Exhibit 36 a far more likely candidate, in my submission, than a “pocket knife“, and that’s without taking into account Meredith’s DNA on the blade.

      Returning to our numbers game, Mr Davies puts it slightly differently from Massei. He says -

      “And if that were not enough, of the 8 experts who gave evidence on the point, two (Dr Liviero and Professor Bacci) opined that Exhibit 36 could have caused the fatal wound to Meredith’s left side. Professor Norelli could not rule out Exhibit 36. Professor Ronchi’s opinion is not clear due to the use of the “double negative” (non-incompatibility)  - it will be assumed that he supported the prosecution contention, but in any event al the remaining four experts, Professors Introna, Torre, Cingolani and Dr Patumi) opined that Exhibit 36 could be ruled out.”

      In other words a draw but one of the prosecution experts is a bit “iffy”.

      Massei tells us that Dr Liviero concluded “definite compatibility“, Dr Lalli and Professors Bacci and Norelli “compatibility” whilst “non- incompatibility” came from the 3 GIP experts nominated at a preliminary hearing. The latter were Professors Aprile, Cingolani and Ronchi.

      “Non-incompatibility” is not hard to understand. It simply means not incompatible or rather, compatible.

      Note that Mr Davies has Professor Cingolani lining up to exclude Exhibit 36. Massei disagrees and I agree with Massei. So, for what it is worth (and this is a bit childish I know) Mr Davies loses the game 7 - 3.

      “And one final thought. If the defendants (Knox and Sollecito) were sufficiently compos mentis to dispose of the pocket knife …. Why did they not dispose of Exhibit 36?  By a process of deduction and logical synthesis the answer is plain for all to see: Exhibit 36 never left Corso Garibaldi and was not the murder weapon ”

      Because it was on his landlord’s inventory of kitchen items? Indeed we don’t know for sure that the “pocket knife “was actually disposed of. All we know is that it was not identified and recovered by the police.

      And In Conclusion

      This is the second of my posts involving Mr Davies. I may not be disposed to do any more. I have to say that although he certainly provided some food for thought on this one, I have not been impressed with his analysis in the topics I have covered so far.

      Others here have been tabulating other factual errors and forced arguments and as I mentioned at the start we may see them carry this a bit further.

      Posted on 08/10/15 at 06:52 PM by James RaperClick here for my past posts, via link at top left.
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      Thursday, July 30, 2015

      Problems With Fred Davies #1: Did Guede’s Separate Trial REALLY Impact Negatively On RS And AK?

      Posted by James Raper




      1. Summary Of The Complaints

      I want to write about the separate trials of Guede on the one hand and Knox and Sollecito on the other.

      This feature has often been criticized by the apologists for Knox and Sollecito, and I was surprised to learn just recently that their gripe seems to have some support in learned establishments in the UK! Ahem.

      The gripe concerns the Fast Track trial of Rudy Guede, and the consequent Supreme Court confirmation of his conviction, with the apologists arguing that these had an adverse and unfair effect upon the proceedings in which Knox and Sollecito were involved. It is based on the simple fact that Guede chose to be tried separately, this being seen as an unfair complication for the administration of justice in the Italian justice system.

      There are a number of complaints that the usual apologists have regarding the separate trial of Guede. Most of these are in fact fantasies as I will address.

      These complaints, or constant refrains, which some apologists fondly thought could form the basis of a complaint to the European Court of Human Rights in due course, can be summarised as follows -

        1.  That the proceedings concerning Guede established various tenets the most important one of which was the multiple attacker scenario, and that this unfairly affected Knox and Sollecito bearing in mind that their defence was based on the Lone-Wolf scenario.

        2.  That the evidence in the Guede proceedings could never be effectively challenged by the Knox and Sollecito camps.

        3.  That, in consequence of which, Knox and Sollecito had virtually already been convicted by the judiciary by the time of their own trial.

        4.  That Guede was allowed to give evidence against Knox and Sollecito at both his own trial and at the Hellmann appeal hearing without effective cross-examination. Had this been the case the defence would likely have exposed and demonstrated his sole responsibility for the murder of Meredith Kercher. Indeed had he been tried together with Knox and Sollecito this could well have happened at the Massei trial.

        5.  That Hellmann was right to give no probity value to the content of Guede’s sentencing and the subsequent annulment unfairly allowed material that was prejudicial for the aforesaid reasons into the Nencini Appeal.

        6.  That Guede was induced into electing for a separate trial with the promise of a reduced sentence should he be convicted - this being to prosecution’s advantage re the case against Knox and Sollecito.


      2. How Overall The Complaints Are Wrong

      I think that we know what fast-track is by now, so I will not dwell on that. Guede’s trial was over relatively quickly. It lasted a month and likely consisted of about 3-4 hearings. There were just a few witnesses called.

      The judge, Micheli, in addition, dwelt on all the evidence in the investigative file including witness statements and forensics. This was because Guede was charged with murder “in complicity with others” and because Micheli also had to make the decision whether or not to commit Knox and Sollecito to stand trial as the other accomplices.

      Before I address whether or not there could be any justification at all for the apologists’ above complaints I would like to mention that learned quarter to which I referred at the outset.

      I recently stumbled (with the help of the apologists’ website) across the Criminal Law and Justice Weekly website.

      I was surprised to learn that various articles had been appearing on it under the heading of “The Brutal Killing of Meredith Kercher - A critical examination of the trials and subsequent appeal hearings of Rudy Hermann Guede, Amanda Marie Knox and Raffaele Sollecito.”

      Lexis Nexis ( publishers and distributors of legal material to the legal profession in the UK)  describe Criminal Law and Justice as….”the leading weekly resource for criminal law practitioners and all those working within the courts and criminal justice areas.”

      The articles are by an F. G Davies, described as a Barrister and listed in Anthony and Berryman’s Magistrates Court Guide as a Deputy Justices Clerk, North Cambridgeshire, in England. He is also a contributor and specialist editor to Justices of the Peace Law Reports.




      Online image associated with an annual legal-fees guide which FG Davies edits


      Here are two quotes I picked out relevant to this post about separate trials.

      “This supports the writer’s contention made earlier that the holding of separate trials for co-accused was wrong in principle and law because the prosecution were alleging that at all three defendants committed the crime acting in concert”

      And:

      “It provided Guede with a golden opportunity to minimize his part in the attack upon and murder of Meredith Kercher, loading the blame on to Knox and Sollecito who, by this time were suspected to be chief architects of the attack.”

      It is of course perfectly true that in the anglo-saxon world Guede would not have had the choice to elect for trial separately from his co-accused. It might have made for a very interesting trial for everyone concerned if he had stood trial together with Knox and Sollecito, but for reasons I will explain later I doubt it, or that Knox and Sollecito would have gained any advantage from it.

      Indeed separate trials had rendered a very specific advantage to the Knox and Sollecito camps in that Guede had already been convicted when Knox and Sollecito stood trial, a fact that their PR campaign and followers have drilled home at every conceivable opportunity.

      But what on earth does it mean to say that “the holding of a separate trial [for Guede] was wrong in principle and law”?  .

      Whose law? Whose principles? Just how deeply does the Deputy Justices Clerk delve into the respective systems of justice (and particularly the Italian one) for a comparative evaluation?

      Certainly on the basis of a quick read of his articles I would say that he hasn’t delved very far at all. In fact I will go further and say that despite that he is capable of a detailed review of various aspects of the case he pretty much shares the same hostility and concerns based upon parochialism and ignorance to be found on the usual apologists’ websites.

      So I will try to put him and the apologists right on how the Italians cope, as a matter of law, with any evidential difficulties that separate trials can throw up.

      However, let’s start first with the assertion that the fast-track trial “provided Guede with a golden opportunity to minimize his part in the attack upon and murder of Meredith Kercher, loading the blame on to Knox and Sollecito”? Is that true?

      Guede admitted that he was present at the scene of the murder and he has always minimized his part in the attack, in fact denying that he had any part. This is all to be found in his statements pre trial. He would have minimized his part even if he had been tried with his co-accused and had given evidence. Given that he was not believed anyway, it is difficult to detect wherein lies the golden opportunity of a fast track trial.

      It is also difficult to envisage what cross examination formula (and the point of it) would have been available to the Knox and Sollecito defence teams as to Guede’s minimal role or otherwise given that Knox and Sollecito maintain that they were not there and thus are hardly in a position to dispute Guede‘s version.

      Did Guede load the blame onto Knox and Sollecito?  The answer to that is that he did directly implicate Knox but not Sollecito. Again this is all to be found in his pre-trial statements and interviews with the police and investigating magistrates. Whilst on the toilet he had heard the doorbell ring, Meredith call out “Who is it?“ and later say “We need to talk” followed by another woman’s voice, which he thought was Amanda, replying “What’s happening?“ He had also claimed to have seen, through Filomena’s bedroom window, a female figure with flowing hair and had recognised the shape as being that of Amanda Knox.

      It might be useful at this point just to pause and remember when Guede could have been cross-examined on this by the Knox and Sollecito defence teams.

      Guede was called to give evidence during the Massei trial but declined to give evidence. Not surprising given that he was appealing his own conviction at the time. This was heard two weeks after the conclusion of the Massei trial.

      He then appeared at the Hellmann trial by which time he already had a definitive conviction. On this occasion he did respond to questioning and I shall look at this a little later.

      3. The Specific Mistakes In Each Complaint

      Let us return now to the apologists standard refrains as I listed them at the beginning.

      1.  That the proceedings concerning Guede established various tenets the most important one of which was the multiple attacker scenario, and that this unfairly affected Knox and Sollecito bearing in mind that their defence was based on the Lone-Wolf scenario.

      One might also add the staged break in and some others as well which were all considered by Micheli and endorsed by Massei.

      However as at the conclusion of the Massei trial Guede’s first appeal was still extant and the Supreme Court’s definitive reflections on the multiple attacker scenario were still a year off. Nothing had been written in stone at that point. If the multiple attacker scenario became a tenet of the case then it would be more accurate to say that it became so because of Massei joining up with Micheli.

      But let’s also take in the second refrain to consider alongside the first at this point.

      2.  That the evidence in the Guede proceedings could never be effectively challenged by the Knox and Sollecito camps.

      This really is pretty rich. So what? Knox and Sollecito were not on trial there. And what to make of the Massei trial which of course is when Knox and Sollecito then wheeled out their big guns; the expensive lawyers and experts in telecommunications, forensic pathology, forensic DNA, ballistics and footprint analysis?

      The Massei trial may have taken its time but it was nevertheless (unlike Guede’s trial) a full blooded adversarial trial of first instance, lasting a year, with the prosecution producing each and every one of it’s witnesses for rigorous cross-examination by the defence.

      It was Massei that confirmed the multiple attacker scenario on the basis solely of that evidence and with scarce a mention of Guede’s sentencing report. It is lame to argue that Massei was in any way constrained by Micheli’s reasoning on the matter though his judgement was indeed available.

      However Massei did make the following observation -

      “……the reconstruction of the facts leads to the unavoidable conclusion that he (Guede) was one of the main protagonists (writer’s note: no concession to Guede’s chances on appeal, then?); thus it is not possible to avoid speaking of Guede in relation to the hypothesised criminal facts. The defence of the accused in particular have requested the examination of texts concerning only Rudy, and have demanded the results, specifically concerning Guede of the investigative activities carried out by the police in particular. In fact they have expressly indicated Guede as being the author, and the sole author, of the criminal acts perpetrated on the person of Meredith Kercher.”

      So here we see the defence making the running on Guede (without Guede being present as a co-accused to dispute anything) to include any and all evidence as to his alleged criminal background with the precise purpose of bolstering the Lone Wolf scenario, all of which was duly evaluated by Massei.

      [One might think, in addition to the above, that Guede would have had cause to complain about the indictments for Knox and Sollecito, in that both were indicted, and subsequently convicted, with the crime of murder “in complicity with Rudy Hermann Guede”, although he still had two appeals left and theoretically (though not realistically) it was still possible for him to be acquitted of the crime. However the drawing up of indictments in separate trials, and how the judiciary would deal with an outcome such as above (which I don’t think would be difficult) would be a topic for another discussion.]

      3.  That, in consequence of which, Knox and Sollecito had virtually already been convicted by the judiciary by the time of their own trial.

      This is so lame by any objective standard, but it is amazing just how often this particular drum is beaten. However our Deputy Justices Clerk would probably subscribe to this. He develops an argument akin to this which he terms the Forbidden Reasoning (echoes of Preston’s “The Forbidden Killer”?) which is basically that Micheli made a number of errors which were then compounded in subsequent hearings.

      4.  That Guede was allowed to give evidence against Knox and Sollecito at both his own trial and at the Hellmann appeal hearing without effective cross-examination. Had this been the case the defence would likely have exposed and demonstrated his sole responsibility for the murder of Meredith Kercher. Indeed had he been tried together with Knox and Sollecito this could well have happened at the Massei trial.

      The evidence that implicated Knox I have already mentioned. It is not entirely decisive in that it is not a solid ID of Knox at the crime scene. At the Hellmann appeal Guede added this in an exchange with Knox‘s lawyer -

      DEFENSE ATTORNEY DALLA VEDOVA—And therefore, Mr. Guede, when you wrote verbatim that it was a “horrible murder of Meredith a lovely wonderful young woman, by Raffaele Sollecito and Amanda Knox” what do you mean exactly? Have you ever said this?
      WITNESS—Well, I… this, I’ve never said it explicitly, in this way, but I’ve always thought it.
      DEFENSE ATTORNEY DALLA VEDOVA—And so, it’s not true.
      WITNESS—No, it’s very true………………………………..............  So if I wrote those words it’s because I’ve always had them inside of me. It’s not up to me to decide who it was who killed Meredith, in the statement that I made in my trial, I always said who was there in that home that damned night, so, I think I’m not saying anything new……

      In another exchange, this time with Bongiorno, Guede makes it clear that he is not planning to answer any further questions about what happened that night but this is because he has already stated (statements and recorded interviews etc), and stands by, all that he has to say about it.  Thus all that is taken into evidence perfectly properly. The matter is then left to rest by the defence.

      Indeed it is difficult to conceive what further effective cross-examination could have occurred in this situation because clearly Guede would have responded with exactly the same answer each time.

      The above exchanges also show just why it is unlikely that there would have been any fireworks had Guede been tried with his co-accused.

      Guede would not have been obliged to give oral testimony any more than were Knox and Sollecito and in the event that he had done so (and I think it would have been in his interests to do so) his evidence would not only have been the same but it would have been subject to the same limitations, which would have been zealously protected by his lawyers, that had protected Knox when she gave oral evidence.

      On due consideration it might have been a somewhat tetchy affair for the lawyers but it would not have been in the interests of any of the respective teams of lawyers for there to have been any surprises such as Guede moving from beyond what he had already said in pre-trial statements to a solid ID of Knox from the witness box. That wouldn’t have particularly helped Guede as it would have affected his credibility even further. They all had prepared positions to protect and Guede’s presence would be neither that much of an added threat nor an advantage for Knox and Sollecito.

      5.  That Hellmann was right to give no probity value to the content of Guede’s sentencing and the subsequent annulment unfairly allowed material that was prejudicial for the aforesaid reasons into the Nencini Appeal.

      Now we are into the law, Italian law that is, and how it coped with separate trials of co-accused.

      By this time Guede’s conviction, remember, had been ruled as definitive by the Supreme Court.

      This is what Hellmann said about that -

      “……. in truth, this judgement, acquired pursuant to article 238 and so utilisable under the probative framework only as one of it’s evaluative elements pursuant to article 192.…………….. already appears in itself a particularly weak element, from the moment that this judgement related to Rudy Guede had been carried out under the fast track procedure.”

      It will be useful to consider some of Prosecutor-General Galati’s observations in the prosecution’s appeal submission and we can do this because the Supreme Court agreed with him.

      This is what the Supreme Court said -

      “The submission on the violation of article 238 …….is correct. Even though (Hellmann) obtained the final judgement pronounced by this court against Rudy Guede, after properly considering that the judgement was not binding, it has completely “snubbed” the content of the same, also neutralizing it’s undeniable value as circumstantial evidence on the presupposition that it’s profile was particularly weak, since the judgement was based at the state of proceedings without the enrichment acquired as a result of the renewal of the investigations hearing arranged on appeal, In reality, the court was not authorised at all, for this reason alone, to ignore the content of the definitive judgement.”

      The enrichment referred to would of course have been the Independent Expert’s evidence (subsequently debunked by Nencini) and the Supreme Court also added that in any event article 238 was not impaired at all by the fact that the first instance trial was fast track.

      At the end of the day this was just poor argument by Hellmann but it was symptomatic of the many flaws that underlay much if not all of his reasoning for acquittal.

      More importantly for me and in addition to the foregoing the Supreme Court delivered a withering criticism of Hellmann’s understanding of circumstantial evidence and how to evaluate and treat it in its broad spectrum.

      However, how can and what elements contained in the separate trial of one co-accused have any probative weight in the trial of the others?

      Prosecutor-General Galati puts it like this. The Supreme Court’s rulings -

      “have now settled definitively regarding the interpretation according to which finalised judgements can be acquired by the proceedings, as provided for by the indicated law, but they do not constitute full proof of the facts ascertained by them, but necessitate corroborations not differing from the declarations of the co-accused in the same proceedings or in a connected proceeding………………………………......
      Naturally this confirmation is not directly used for the purpose of proof but as corroboration of other circumstantial pieces of evidence or of evidence already acquired, not very different from what happens when declarations of collaborators with justice corroborate each other.”

      In the event the only material from Guede that really seems to me to have hitherto been extraneous to the first instance trial of Knox and Sollecito was the inclusion at the Nencini appeal of Guede’s partial ID of Knox at the scene and his evidence as to Meredith’s missing money, which were corroborative of elements of evidence that had appeared at the Massei trial; in the case of the missing money for instance, the missing credit cards and Filomena’s testimony that at a meeting shortly before both the murder and the day the rent was due Meredith had told her that she had the cash to hand and was prepared to hand it over there and then.

      No such money was found at the crime scene. One suspects that these two elements would have been more prominent at the Massei trial, and have been motivated more attentively, had the three been tried together. In the event Guede’s partial ID of Knox was not even mentioned by Massei and Knox and Sollecito, in the absence of any evaluation of Guede’s evidence, were acquitted (not even motivated at all in fact) of the charge of theft in relation to the money and the credit cards.

      Given the foregoing I would argue that Knox and Sollecito derived an advantage rather than a disadvantage from the separate trials.

      Furthermore I would argue that the material from Guede’s separate proceedings was not particularly damaging given the overall context of the evidence already directly available from the trial of Knox and Sollecito (which received some but in truth did not require much corroborative confirmation from Guede’s separate trial) and which in itself was sufficient to found a verdict of “beyond reasonable doubt”, but it did supply some useful insight into a motive when of course Hellmann had found none and Massei had supplied a rather improbable one.

      6.  That Guede was induced into electing for a separate trial with the promise of a reduced sentence should he be convicted - this being to prosecution’s advantage re the case against Knox and Sollecito.

      Needless to say this is what you get from desperate and deluded minds. Guede’s lawyer has explained why his client took his advice and the decision was perfectly rational and in Guede’s interests. Guede was entitled to a third off his sentence from choosing fast track though I am no fan of that. Furthermore I have explained why no particular advantage accrued to the prosecution from this choice other than that it probably foreshortened the time that a full trial of the three would have taken.


      Tuesday, December 23, 2014

      Calling Planet Knox: Maybe Chris Mellas And Bruce Fischer Need To Rein In Their Crackpot Brigade

      Posted by Peter Quennell





      Above is Chris Mellas with Curt Knox, who we are told maybe thinks the way-too-rabid Mellases now damage the prospects of Knox. 

      Here is some chest-thumping babble on the reliably dishonest website GroundReport by one of Chris Mellas’s crackpot gang, the singularly foolish crackpot Jay.

      Today I examine the role of the Italian judiciary in the framing of Amanda Knox and Raffaelle Sollecito for the murder of Meredith Kercher, the skillful way Giuliano Mignini used the Italian media to hold the entire judiciary hostage to his career ambitions, and why I believe the Italian judiciary may finally be ready to fully exonerate Amanda and Raffaelle of any involvement in the murder of Ms Kercher.

      This case has been out of the hands of Dr Mignini for over five years - if it ever was fully in his hands. He initially took a decidedly mild stance against Knox, who he thought, through drugs and mental problems, had got in over her head and Meredith’s death was not planned.

      In fact from the day after Knox’s arrest the no-nonsense Judge Matteini and Judge Ricciarelli led the case all the way to trial. They got all their information directly from THE POLICE. In light of hard evidence and a psychological report they insisted a potentially dangerous Knox be kept locked up. In April 2008 Cassation very strongly agreed.

      Pretty bizarre to see a Mignini witchunt in this, or a judiciary about to reverse itself on years of meticulous work.

      At the time of the Meredith Kercher murder on November 1, 2007, the Italian judiciary was was locked in a struggle with the Perugian prosecutor Giuliano Mignini. Mignini was facing charges for abuse of office, relating to his ‘Narducci Trail’ investigations.

      This is more chest-thumping babble by the crackpot Jay. Dr Mignini rarely even talks to the media and he is regarded by good reporters as especially careful with the truth. The Italian justice system is not only one of the world’s most careful and most pro-victim-rights, it is very popular and trusted in Italy second only to the President who is also the Justice System’s top dog.

      Dr Mignini’s past caseload as a prosecutor was quite mundane as Kermit’s meticulous and powerful Powerpoint showed. Perugia and its region of Umbria are among the most prosperous and least crime-ridden in Italy toward which the very popular Dr Mignini contributed a great deal over the years.

      Dr Mignini rose to his present seniority of Deputy Prosecutor-General in Umbria because on his merits he consistently excelled. He is often on national TV (among other things ridiculing conspiracy theories and the too-ready blaming of crimes on satanism) and has high-level professional friends and supporters throughout Italy, not least in Florence where he has known senior colleagues since law-school.   

      Mignini and his colleague Michele Giutarri had both been indicted after Mignini had Mario Spezi arrested and briefly imprisoned, in connection with the Monster of Florence crimes. Spezi was released just three weeks later, after an intense media campaign by his writing partner the American author Douglas Preston.

      But rather than back off of his satanic sect Narducci trail investigations, Mignini instead plowed ahead with still more satanic sect cases. At the time of the Kercher murder, Mignini had a case unravelling in Florence against a pharmacist and friend of Spezi’s named Francesco Calamandrei.

      When the Calamandrei case was dismissed in 2008, Mignini pressed his next ‘satanic sect’ case against the 20 innocent people in Florence, including Spezi and members of the Narducci family. Mignini had also tried at first to link the Kercher murder to “rites related to Halloween”.... It is these two convictions, these two false convictions, which the Italian judiciary is in my view trying so desperately to protect.

      More chest-thumping babble by the crackpot Jay. The vast majority of Italians believe the truth of the Monster of Florence case is as set out in the exceptional book Il Mostro by Michele Giuttari in which there really was and is a shadowy group. It was for proving this that a desperate Florence prosecutor took Mignini and Giuttari to court.

      We have shown repeatedly that the fading fiction-writer Preston often does not tell the truth. After his near-arrest for falsifying evidence to seek to make Spezi and himself world-famous for “solving” the MOF case,  Preston took off out of Italy like a terrified rabbit and has tried to prove he actually has a backbone ever since.

      Italians know that in his one brief formal interview with Dr Mignini Preston melted down. He blubbered and wailed while he lied and lied, and was considered so incompetent and naive he might as well be given a break.

      Here from a public document arguing for custody of Mario Spezi (the “brains” of the two, if that is not a stretch) is a conversation between the publicity-hungry Inspector Clouseaus (through public sources we have also obtained the tapes) thinking here that they have made the cops look like foolish dupes:

      [The word “passeggiata” (leisure walk) in the context of these statements makes little sense literally; in fact, it is a code word by which both Spezi and Preston mean the police visit to Villa Bibbiani that Spezi and Zaccaria are plotting to trigger by way of a letter they wrote reporting false incriminating testimony, and by way of which they expect the police to find the false pieces of evidence contained in six boxes that they are going to place in the villa. Preston is aware of this intended fraud, and he is happy about it, because he presumably expects that from such an operation their “Sardinian track” theory would gain visibility as a media scoop and he and Spezi would become world-famous from it, sell a lot of books, and make a lot of money out of it. So “passeggiata” is really the police eating their bait, going there, and finding their forged false evidence in the house.]

      In conversation n. 17077 of Feb. 18. 2006, PRESTON calls Mr. SPEZI, who informs him, expressing satisfaction:

      “We have done everything.. I mean… we went and we did it…  you know my telephone is ugly [sic]…”

      and Mr. PRESTON, still in a chummy and allusive tone:

      “Oh yes, I understand perfectly, yes, hey… the… the… the ‘passeggiata’ isn’t that… isn’t that… we have …  someone has done the ‘passeggiata’?”

      and the journalist pointed out, interspersing that with chuckles of satisfaction: “No, no, no, but… they are going to do it!!”

      and Mr. PRESTON: “Yes, yes… but… isn’t that interesting wow….”

      and Mr. SPEZI: “…. We told them to do it !”

      At PRESTON’s question about when they would be going to do the ‘passeggiata’, SPEZI answers: “Well… I don’t know but I hope soon” and at a further question by PRESTON, he says: “In.. within.. within the 24th”

      SPEZI again answers: “I hope yes”, laughing.

      Then, Mr. Preston adds: “It’s fantastic!... Oh the end maybe, I don’t know but…”

      and Mr. SPEZI: “That would be beautiful!” still sniggering, and Mr. PRESTON agrees enthusiastically.

      After his charging, in conversation n. 17231, Mr. PRESTON calls SPEZI and tells him that they need to speak about it in person.

      The criminal operation stands out even more egregiously in conversation n. 16950 of February 13. 2006, between Mr. SPEZI, the deviser of the plot, and his right hand man Nando Zaccaria; and when RUOCCO gives Mr. SPEZI “information” about the name of the person who allegedly attended the villa, Mr. SPEZI himself calls Mr. ZACCARIA, and, while making him understand that Mr. Gianfranco Bernabei had already been contacted and the report-complaint had been given to him, he adds: “So he called me.. not him Gianfranco… the other guy, we have an appointment at 2:30pm, because he knew about the name”; and ZACCARIA cries out: “Beautifullllll!” with satisfaction.

      In conversation n. 17095 of February 19. 2006, Mr. SPEZI calls Mr. ZACCARIA again and urges him to explain him (to the Flying Squad chief) thoroughly about the “six small boxes”, that is to convince him that the objects are related to the murders. Mr. ZACCARIA tells him that he already explained it to the other guy and says: “If they go there they must look very well.. at everything…”, and Mr. SPEZI: “What I mean to say… if he finds a hairpin this doesn’t mean anything to him…”, making him understand that he will need to “work” him out.

      Mr. ZACCARIA adds in the end: “Then I told him, well while we go… when it’s… when you are going… he says anyway he advises us”. Mr. SPEZI says he agrees and Mr. ZACCARIA reassures him saying he [Bernabei] doesn’t know anything about the case and never dealt with it, then he complains about that the nowadays officers are incapable of doing their job. Thus the chief of the Flying Squad, Dr. Fillippo Ferri, will need to be led by “malicious” Mr. ZACCARIA. Then Mr. SPEZI asks Mr. ZACCARIA to advise him when he goes there (to the Villa). Anyway we remand to the unequivocal content of the conversation, at pages 6, 7 and 8 of request n. 114/06 G.I.De.S.

      Back to analysing more from the crackpot Jay.

      And Mignini, by continuing to file ‘Narducci trail’ cases, and invoking the same ‘satanic sect’ conspiracy theory, was holding the judiciary hostage to his unprincipled career ambitions.  The challenge Mignini presented to the Italian judiciary, was how to stop Mignini’s witch hunt of innocent citizens, without also discrediting the ‘satanic sect’ convictions of Vanni and Lotti in the Monster of Florence cases.

      The task of acting as a kind of judicial baby-sitter to Mignini, fell to Judge Paolo Micheli [who] presided over Rudy Guede’s fast track trial in 2008 – which was also the pre-trial hearing against Amanda Knox and Raffaelle Sollecito, to certify the case against them as warranting a full trial. The challenge for Judge Micheli, was to walk Mignini back from the edge, but without so completely devastating Mignini’s reputation, that the public might begin to question the validity of the satanic sect theory which had been used in the convictions in the Monster of Florence murders.

      This is 180 degrees wrong. Judge Micheli is believed to have been leaned on but ultimately the courts at all levels came round to confirming that Dr Mignini had no choice but to act and he acted quite right. The notion of a satanic sect goes way back and Dr Mignini was more doubtful about it than most.

      Judge Micheli’s ruling was scathingly overturned by Cassation, and some of the cases against malicious meddlers were resumed. Spezi has been in court after court - just a couple of weeks ago, he lost yet another defamation case brought by Michele Giuttari.

      But Judge Micheli allowed Mignini’s case against Knox and Sollecito to go forward to trial. Had Judge Micheli simply done his job, properly heard and investigated Mignini’s case, the only fair outcome would be full dismissal. What Mignini has pulled off is a kind of blackmail. Mignini wanted his promotion at all costs, and was willing to convict and imprison dozens of innocent people to get his way. Amanda and Raffaele are only two of Mignini’s more recent victims, but there are scores of damaged lives left behind in the wake of Mignini’s lust for career advancement.

      The crackpot Jay has defamed American prosecutors too? Probably not. Typical of the cowardly Mellas-Fischer gang he writes in English in the United States in a language and from a distance which makes him feel safe. Dr Mignini has zero record of overzealous or wrongful prosecution, and very, very few cases reversed on appeal, and nobody at all in Italy would buy this defamatory crap.

      After Michelli dismissed the case against the Florence 20 in 2010, Judge Hellman’s appeal court fully acquitted Amanda Knox and Raffaelle Sollecito for any involvement if the murder of Meredith Kercher in October of 2011.

      Hello?! Hellman’s verdict was ANNULED for terrible law, and for illegally trying to repeat the complete trial (absent the witnesses, who he ridiculed) instead of sticking to the few points that had been appealed. Cassation annuls very, very few cases, and reversing this corrupted overstretch was universally seen in Italian law circles as right.

      Extraordinarily, Judge Micheli waited over one year to release his motivation report, only doing so about two months after the Hellman court released its motivation report in favor of acquittal. Motivation reports in Italy, are normally due in 90 days. I believe Judge Micheli’s delay in releasing his motivation report, was to allow him the opportunity to conform his report to that of Judge Hellman.

      Good grief. What is the crackpot Jay on about here? Judge Micheli was leaned on, and he knew he had got the law wrong, and he presumably expected to be overturned - which Cassation very scathingly did. No wonder his homework was not handed in on time; he feared losing his job and serving time.

      The Narducci trail case of the Florence 20, was sent back down absent the element of criminal conspiracy among the defendants. In essence, the case was rigged for dismissal, a fact confirmed by Michele Giutarri in a magazine interview earlier this year. Whereas the case against Ms Knox and Mr Sollecito was rigged for conviction.

      A previous cassation ruling against Rudy Guede in his fast track process where Guede’s defense waived the right to challenge the evidence, determined that Guede had killed Meredith along with others. Cassation ruled that Knox and Sollecito’s trials should be bound by that finding, which is grossly and patently unfair.

      There was nothing unfair. This is a foolish meme. Cassation simply ruled that two others had been involved and that had been proved. It was proved in the 1/4 of the trial that was held behind closed doors where two recreations connected all the dots of the vicious 15-minute taunting attack on Meredith. Both defenses without argument accepted this.

      As irrational as the cassation ruling overturning the Hellman acquittal may seem, there may be a deeper reason behind it. In an article from CBS news earlier this year, Doug Longhini writes: “Following the verdict, judge Hellmann didn’t pull punches.  He declared: “the evidence was nonsense.”  Suddenly, several prosecutors and judges became the targets of criticism claiming they had mishandled the case from the beginning.” ...

      For his part, Berlusconi and his party were at war with Italy’s prosecutors and judges.  The Prime Minister was trying to reign in their investigative powers.  Prosecutors, for their part, were trying to put Berlusconi in jail.”  Seen in this light, the court of cassation reversing the acquittal of judge Hellman is not an act of judicial wisdom, but one of self preservation. To avert a political investigation among their own members, Italy’s court of cassation had to reverse Judge Hellman’s acquittal.

      The addled Doug Longhini is consistently out to lunch both on the excellent Italian system and the Perugia case as have been the entire CBS team - no wonder they have said very little for several years.

      The courts at all points have simply done the right thing and public opinion has been very solidly behind them. Almost every Italian knows that RS and AK carried out the attack. The courts are not in self-preservation and charges against the toothless Berlusconi still stand.

      One can sense the political pendulum swinging first in favor of conviction, then back towards acquittal, then back again towards conviction. And events that unfolded just this year, cause me to believe that the Italian judicial-political pendulum is once again swinging back in favor of acquittal. Giuliano Mignini has received his promotion. In his new role, he will never again prosecute a case or lead an investigation, he is only allowed to sit with other judges on appeals courts. So the judiciary can be confidant there will be no more Mignini led witch hunts.

      Only recently in the past few weeks, the last of the criminal charges against Mignini have been allowed to languish, due to statute of limitations. So Mignini is out of legal jeopardy.  Despite the fact that the only trial on the merits resulted in a conviction and jail sentences for both Mignini and Giutarri, neither will be going to jail, or being held accountable for the crimes they were found to have committed at their first level trial. In the end, it may be said that the Italian judiciary found it easier to promote Mignini, then to jail him

      More babble. Dr Mignini was NEVER in legal jeopardy as everyone in Perugia knew - a judge had signed the wiretap of the prosecutor who unwittingly confirmed a Florence cabal and Dr Mignini and his boss and all his colleagues KNEW he would overturn the spurious conviction on appeal.

      Dr Mignini did overturn the verdict in Florence on appeal - the appeal judge’s ruling was the hardest-line “there is no case” - and as with ex-Judge Hellmann, both the rogue prosecutor and the rogue trial judge are now out.

      Dr Mignini commendably kept pushing back and he won and won and won against the malicious meddlers in the MOF case. On 3 December the great reporter Andrea Vogt posted this:

      Those following the side trials that have spun off or become entangled in the Amanda Knox trial might be interested to know that the now infamous and often-cited abuse of office investigation against Perugia prosecutor Giuliano Mignini, which once made such big headlines in the U.S. and UK media, has officially resulted in no charges, and the investigation has been closed.

      An initial conviction stemming from 2006 wiretaps and the Monster of Florence investigation was overturned and annulled in Florence on appeal [in 2011]. The court ordered that the case be transferred to Turin for any future investigation. Earlier this year he was acquitted of nearly all the accusations.  The Turin court on Tuesday chose to shelve the last remaining question regarding the wiretapping of a La Stampa journalist earlier this week, ruling it was time barred.

      The court’s ruling finally settles the long debated question of Mignini’s record: He has no abuse of office conviction, and there is no longer any active investigation into such allegations.

      The other protagonist, Mario Spezi, on the other hand, still has quite a few problems on his hands. His 2006 arrest eventually resulted in the high court (cassation) ruling No. 865/2013 deeming that the following crimes occurred: aggravated interfering with public investigation from Febuary 2004 to summer 2006, aggravated attempted judicial fraud between February and May 2004 and aggravated slander and defamation for naming Antonio Vinci as linked to the Monster of Florence homicides in 2006.

      For this last charge, Spezi could be held liable in civil court. But he will never be sentenced for any of these crimes, because after the cassation sent it back down for trial at the appeal level, the appeals court in Perugia shelved the case, ruling that the statute of limitations had passed for any further prosecution. And once again, true justice grinds to a halt, caught up in the gears of Italy’s slow and messy system.

      In the meantime, Spezi’s faulty thesis on the Monster of Florence case has landed him in court in several other jurisdictions, where ex-Florence homicide cop Michele Giuttari has been pressing forward with slander and defamation charges related to accusations made about him in his now discredited Monster of Florence yarn that Spezi and his American co-author, Douglas Preston made into a bestseller, pinning the blame on an innocent man in the process. [Bold added here]

      And so the plot thickens.  Giuliano Mignini was made into a convenient media villain when a high-profile American was being tried across the courtroom from him . . . on trumped up allegations that have since fallen unceremoniously to the wayside. Amanda Knox and Raffaele Sollecito, who Mignini initially prosecuted, await the decision of their final appeal before the court of cassation in March 2015.

      Back to analysing more from the crackpot Jay.

      In short and to sum things up: Mignini has gotten his promotion which he valued above the liberty of the innocent; Mignini’s Narducci Trail investigations are over for good; the Monster of Florence convictions against Vanni and Lotti claiming their participation in a non-existent satanic sect are safely in the past; and the war between the Italian judiciary and Burlesconi is in a state of a truce.

      For all of these reasons, I believe the pendulum of Italian politics has again swung in the direction of acquittal, and the Italian judiciary is once again in a position to finally recognize, and exonerate, Amanda Knox and Raffaelle Sollecito.

      It may be a good idea for the crackpot Jay to not hold his breath on this. Cassation and the Florence appeal court have been the most hardline on this. And it was Judge Matteini with the police not Dr Mignini who drove the case forward in 2007 and 2008. As explained above, Dr Mignini had almost no guiding hand, and on 17 December 2007 gave Knox a real break. A shot to get herself off - which she herself tanked.

      Prior to that long conversation with Knox on 17 December at her request, where Dr Mignini played eminently fair and she had to be stopped as she was incriminating herself, they had barely spoken any words. Once briefly at the house on the day of the crime, once briefly when Knox was shown the knives, and once briefly when Dr Mignini presided over the reading of her rights on 6 Nov. That was it. From the post directly below, see also this:

      In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.

      As explained near the top here, from 7 November it was Judge Matteini and Judge Ricciarelli, not Dr Mignini, in the saddle, and they got all of their information directly from the police. Prior to the Guede and Knox/Sollecito trials Dr Mignini did not guide the process, impossible though that seems for the Mellas/Fischer crackpots to believe.

      These facts, and in conjunction with the ECHR soon to take up the conviction of Ms. Knox for Calumnia in the European Court of Human Rights, provides the Italian Court of Cassation, in March of 2015 when they hear the appeal from conviction of Knox and Sollecito, with the opportunity and incentive to quietly discharge the case, and reinstate the verdict of Judge Hellman, finding that Knox and Sollecito are innocent of any involvement in the murder of Meredith Kercher, and innocent of the crime of ‘staging a crime scene’ because the crime does not exist.

      Reinstate Judge Hellmann?! He is being investigated for his suspect role in bending the 2011 appeal right now! Again, it may be a good idea for the crackpot Jay to not hold his breath on this.

      The appeal to the ECHR in Strasbourg is dead in the water because Knox herself made up all the claims of the supposed violations of her human rights. She has ZERO case. Read this series here.

      By the way, for his wild defamations and his contempt of court, Crackpot Jay opens himself to the exact-same charges Knox and Sollecito and Knox’s parents and Sforza all still face. 


      Thursday, December 11, 2014

      Even More Reasons Why Nobody In Italy Seems To Be Claiming Innocence Of RS And AK

      Posted by Peter Quennell




      1. The Knox-Sollecito State Of Play

      On average we get an email or two from readers in Italy every day.

      Maybe half are from Italians and half are from foreigners who are resident there. This is from an appreciative American who is married to an Italian and now lives in Milan.

      I go back to Perugia and my friends there as often as I can - everything there is very special to me. Perhaps this sounds a little strange but, to me, the city seems to have lost it’s innocence with Meredith’s murder. I still haven’t met anybody in Italy - from North to South (or from Switzerland either) who believes that Amanda Knox and Raffaele Sollecito are innocent.

      No-one in Italy any longer seems to believe that AK and RS or of course Guede were not involved. The courts have made their case.

      There has simply been too much documentation, too much commentary broadcast on TV, too many disturbing facts coming to light like Knox having sex for drugs with a drug kingpin right up to the night of her arrest.

      The incessant bickering of the two has become a bore. Trials against Sforza, Aviello, and Sollecito proceed and more charges against Amanda Knox and Curt and Edda Mellas remain.  Since this time last year neither of the two has won even one point.

      2. More Proof Undermines The Guede Hoax

      Can you figure out what the image at the top depicts?

      This is the north end of the massif from the east. Right at the center is the law office of Dr Paolo Brocchi, whose office was burgled and whose laptop turned up in the possession of Rudy Guede in Milan. Meredith’s house is visible at top-right and Patrick’s bar, the English girl’s house and the courts are all off to the left.

      At the bottom of the image below in the center is a narrow dark ally. Whoever broke in seems to have done so via that ally and a narrow balcony on the second floor of the law offices. 






      The killer-groupies refer to Rudy Guede as the FORGOTTEN killer though there is no logical reason why. He doesnt hog the limelight but he is convicted and he is doing his time.

      The killer-groupies claim Guede was a drug dealer (untrue), a petty thief (unproven), a knife wielder (untrue), who threatened a man (untrue), a police snitch (untrue) who killed Meredith alone during a burglary which went wrong (untrue). Quite a list of false claims. 

      There is in fact zero evidence proving Guede acted alone. Meredith’s missing money was equivalent to money Knox could not explain.  Read the 45 posts here for all the proof the killer-groupies ignore.

      Absolutely key to the verdict of the trial court were the TWO recreations of the attack on Meredith. Each pointed to three attackers. Both were presented in closed court. 

      Please follow the images below to see how a burglar broke into Dr Brocchi’s office two and a half weeks before Meredith was killed.

      The front door of the law office is at street level. Because the ground slopes down at the rear, the law office is one level above ground level. That is where the glass in the French doors was broken and the break-in may have occurred. 




      Above and below: images of law office at the street level from the front,






      Whether it was Guede or not (there are good reasons for thinking it was not) he or she broke in around the back, up that alley, in the dark, where there is a quite easy reach up to the floor of a narrow balcony outside the French doors.



      Above and below, law office from back, balcony is at hard left not visible here





      Above and below, law office from back, balcony is visible one floor up from ground level





      Above law office from back, balcony is visible one floor up from ground level



      What does that climb resemble? See the final image below. It fairly precisely resembles the climb in the dark onto Meredith’s balcony, also at the back, a route which two separate sets of burglars used in 2009.

      It does NOT resemble at all the climb into Filomena’s room, much higher, in bright light, which to this day not one person has been able to emulate, and which would actually resemble a climb to the office windows at the front in bright streetlight . 

      Those who claim that climbing into Filomena’s window was anyone’s known “modus operandi” are not telling the truth.




      Above, Meredith’s house from the east with balcony used by burglars at the back


      There were no fingerprints in the office and to this day nobody can say for certain what the burglary was really about.

      Only that certain legal papers had been accessed and it is held probable in Perugia that someone was trying to interfere with a legal case. Two other offices at the back were bypassed. 

      Neither Dr Brocchi nor Ms Maria Del Prato who encountered Guede in her nursery school in Milan pressed charges against him for assault or theft. Their testimonies at trial were low-key and puzzling but certainly did not leave Guede in a worse light. Neither had an axe to grind with him.

      So the Milan police and courts finally acted against Guede merely for being in possession of a couple of items of stolen property. Nothing more.

      If Guede had no already been convicted he would have served no prison time.

      But as we recently reported he gets an additional 16 months in prison and his work-release is denied.  Guede’s final appeal to Cassation has just been turned down.

      The killer-groupies should move along. Demonizing Guede with false claims and lying to justice departments (their new angle) will never ensure Knox remains free.


      Wednesday, November 05, 2014

      Denial Of Parole For Rudy Guede Could Be Yet More Bad News For Knox And Sollecito

      Posted by Peter Quennell



      Above and below: Mammagialla prison at Virterbo north of Rome where Guede is


      Rudy Guede has been in prison at Viterbo for seven years less only several weeks now.

      Despite his claims via closed-circuit TV that he has had an exemplary record and has nearly finished a college degree, the Italian parole oversight board in Rome has just declined his work release application.

      Rudy Guede has been treated fairly, and does seem to have behaved himself, and there is zero evidence he was on a crime wave or dealt drugs or acted as a snitch for the Perugia police.

      Despite that, he has never been given any breaks in the past seven years except as described here by the current system. 

      That post in fact reflects the view of a number of pro-victim Italian judges and prosecutors who personally incline toward the UK and US practice of plea bargaining under which the accused puts realistic evidence on the table and rolls over on accomplices and shows real remorse, in return for which lesser charges are arrived at.

      The grounds for refusing work-release parole were not published, but if this is a way of pressuring Guede into further pressuring Knox and Sollecito? Go for it.







      Wednesday, September 24, 2014

      Analysis #2 Of Testimony Of Dr Chiacchiera, Organized Crime Section: Discounting Any Lone Wolf

      Posted by Cardiol MD



      Dr Chiacchiera (talking) with his team explaining reason for charges in another case

      Overview Of This Series

      In 2007 Dr Chiacchiera was the Director of the Organized Crime Section and the Deputy Director of the Flying Squad.

      He was one of the most senior and experienced law enforcement officers to testify at the trial.  His testimony and his cross examination by the defenses occupied a lot of time of the court late in February 2009. He covered the following ground.

        (1) He found Knox and Sollecito uncooperative when he asked them questions.

        (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

        (3) Phone records and the police investigation into the accused phone activity the night of the murder.

        (4) Discovery of pornographic magazines at Sollecito’s house.

        (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.

      All the translation is by the ever-dedicated main poster ZiaK. This series is highlighting some key portions. Here is the full 50-page transcript which will be posted in the trial testimony area of McCall’s great Wiki.

      This post continues analysis of the evidence that the lone burglar/lone wolf theory was not credible to those that were first on the crime scene and that the “break-In” to Filomena Romanelli’s room was to them obviously faked.

      Public Prosecutor Comodi [MC] Leads Testimony

      Judge Massei [GCM}:  Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, … there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

      {Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}

      Manuela Comodi [MC}:  Well, in short, they were called … they are the only ones who can describe the whole progression of the investigations - Dr Profazio and Dr Chiacciera – because they are directors, they are the only ones who will come to describe for me, thus, what was the progression of the investigations. Clearly, in order to pass from one investigative act to another rather than … and the choice of the subsequent investigative acts. It’s clear that they have to describe, in order to make a complete reasoning, even the lines of thought that, as Dr Chiacchiera said, it sometimes happens that they make. However, one point: apart from the break-in, apart from the broken window, there are … did you acquire further elements that corroborated the idea that there had been a burglary? Nothing from Romanelli’s room had been carried off? Valuable things had been taken?

      {Examiner acknowledges Court's admonition, argues importance of her witness's testimony, and segués into triple-Q addressed to witness re elements corroborating idea of burglary.}

      Dr Chiacchiera [MaCh]:  This ... in fact, in the progress ...

      {Witness begins to answer, but is interrupted by Examiner}

      MC:  Was a declaration/complaint of theft made then, with a list of the things taken?

      {Examiner interrupts witness with new double-Q}

      MaCh:  In the logical progression, if I may in some way still, in summary, say what ….

      {Witness begins narrative response but is interrupted by Court}

      GCM:  Say the objective facts, if you have ….

      {Court interrupts witness, beginning to admonish him to respond by testifying to objective facts, but is itself interrupted by witness}

      MaCh:  Nothing disappeared, so a burglar would have had difficulty …

      {Witness answers 3rd Q of Examiner's above triple Q, but then launches into a narrative beginning: "so…", but Court interrupts}

      GCM:  Excuse me, nothing had disappeared? Before all else, what thing .... you knew what things were in that room that did not disappear?

      {Court interrupts, questioning basis for witness's statement that "Nothing disappeared"}

      MaCh:  Yes, because, shall we say, the investigation elements that then subsequently emerged, allowed us to deduce that from Romanelli’s room absolutely nothing disappeared. There was a complete mess/chaos, but nothing disappeared from Romanelli’s room. And this is another element to [lead us] to obviously deduce that the desired hypothesis of a burglar and of a theft was objectively … But then the burglar does not [sic] close the door and throw away the key. The burglar does not cover the victim. The burglar …

      {Witness answers Court's Q, with narrative explanation including reference to "the key", and Court interrupts}

      GCM:  Excuse me. They key. What is this detail about the key? What is it?

      {Court asks Q simple Q re "the key" - with apparent transcriptional error: "They key"}

      MaCh:  There was no key.

      {Witness answers Court's Q}

      GCM:  There was no key where?

      {Court asks simple Q}

      MaCh:  Those who entered into the inside of the house first found the door closed. A closed door that then aroused the suspicions and that then gave concern and then it was decided to … to break [it] down.

      {Witness responds to Court's Q with narrative explanation}

      GCM:  Excuse me, on [sic] Romanelli’s room there was no key?

      {Court asks another simple Q}

      MaCh:  No, I’m talking of Meredith’s room, Mr President; Meredith’s room was locked by key.
      This is another … how to say, the investigative deductions that we drew from these details that emerged, also from the declarations that we gathered.

      {Witness responds to Court's Q, and informatively amplifies A}

      MC:  Was it normal that Meredith closed herself [sic. i.e. her room] by key?

      {Examiner asks witness a simple Q}

      MaCh:  No.

      {Witness gives simple A}

      MC:  And did you find the key of Meredith’s room?

      {Examiner asks witness a simple Q}

      MaCh:  No.

      {Witness gives simple A}

      MC:  So it was closed by key, but there was no key inside?

      {Examiner summarises witness's testimony re key and poses a simple Q}

      MaCh:  But there was no key inside, so that it was necessary to break down the door in order to enter. Also the almost inexplicable detail of the presence of two cellphones in a garden of a house, doesn’t tend to favour the thesis of someone who enters and who accidentally, so to speak, finds a person and then kills them, because [he] is forced to kill them because they have seen [his] face.

      {Witness responds to Q in form of confirming-repetition and amplifies A in expanded narrative-form}

      MC:  But is via Sperandio far from via della Pergola?

      {Examiner poses vague Q re proximity of 2 streets}

      MaCh:  No. And there we tried to deduce. And via Sperandio, as I said earlier, Doctoressa, is not far from the house. We discussed [this] to understand why these telephones went and ended up there …

      {Witness answers simply, and respectfully, introducing " the house" on one of the streets, seguéing into subject of the mobile telephones and is interrupted by the Court}

      GCM:  Excuse me. When you say it is not far from the house, can you specify at what distance? How one reaches it?

      {The Court's interruption is also vague, with double-Q, referring to an unspecified "it"}

      MaCh:  Not far from the house means that, by following a route that any Perugian knows, Mr President, one passes through a park and one arrives, let’s say, near the gateway of Porta Sant’Angelo. So for this reason, as the crow flies, how much would it be, but less [sic] … three hundred, four hundred metres. But to reach it by foot from via della Pergola to via Sperandio I think that it doesn’t take more than 5, [or] 7 minutes.

      {Witness responds to Court in explanatory narrative form

      MC: But do you have to pass by via Garibaldi?

      {Examiner asks simple Q}

      MaCh:  Yes. But you can also pass through the park – there’s a park that then comes out right in front.

      {Witness answers Q, and amplifies his response}

      MC:  Of the villa?

      {Examiner seeks clarification of witness's response}

      MaCh:  In front of the villa, at the entry to the villa. Looking from the street that crosses with the provincial [road], the one that, shall we say, borders the villa, whoever is looking at it, I repeat, I – who am 44 years old, am Perugian – I did not know that there was a garden behind there.

      {Witness clarifies his response, amplifying further}

      MC:  And how far away is via Sperandio from via Garibaldi, corso Garibaldi?

      {Examiner asks apparently simple Q}

      MaCh:  it’s parallel. It’s very close, very very close. It’s 200 metres away, as the crow flies. I think even much less, because they are almost parallel, let’s say. Even that is something that in some way made us understand that there was an interest in getting rid of those cellphones, clearly, by whoever did that thing there.

      {Witness gives detailed response;
      See: "Just seeing police could panic the killers into instant dumping of the telephones, without even needing to know why the police were where the police were (There is no need to invoke any awareness by the phone-dumper[s] of the reason the Police were near Mrs. Lana’s place - the hoax-call.). So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off)." In TJMK: "Updating Our Scenarios And Timelines #2: An Integrated Comparison Of The Timing of the Phone-Events." 6/28/2013}

      MC:  When you arrived for the first time in via della Pergola, did you enter the room of the crime?

      {Examiner asks simple Q}

      MaCh:  Immediately, no. I went in afterwards, when Dr Mignini also arrived; and later with Dr Lalli. Then I had, how to say, occasionally entered when the crime-scene inspection of the Forensic Police, of the colleagues arrived from Rome, was already begun, so late. I didn’t stop long inside the house, I say the truth, also because the measures/orders that I issued immediately were those, yes, of deducing, [of] drawing out all the investigative elements that might emerge in the immediate surroundings [and/or immediately after the facts] to seek to immediately direct the investigation activity, but also to “freeze” [sic. i.e. to solidify, or to make concrete] another aspect, which was that of hearing/questioning all the people who might tell us details on Meredith’s stay in Perugia, in general, but above all on her final hours, on her visits/visitors, everything about those who Meredith had known in some way and … This was the thing that we considered logical to do precisely in relation to this, to these first investigative deductions that we drew from the [above]-described crime-scene.

      {Witness gives detailed narrative reply}

      MC:  And so that same day you were present when they began to hear/question…

      {Examiner begins preamble to presumed Q, but is interrupted}

      MaCh:  Yes.

      {Witness interrupts Examiner with witness's answer to assumed Q}

      MC:  … the people [who were] acquainted with the facts.

      {Examiner completes interrupted Q-in-the-form-of-a-statement, which omits Q-mark}

      MaCh:  I was present. I did not participate personally in the examination [of witnesses], but I was present, in the sense that both with [my] colleague Profazio and with [my] other colleague from the central operative service…

      {Witness responds with narrative description of circumstances, but is interrupted}

      MC:  from Rome.

      {Examiner interrupts with her assumed next part of witness's response}

      MaCh:  from Rome. We began to put the pieces together, excuse my [use of] the expression; that is to say all the … all the elements that emerged from the examination of witnesses, were checked, were gradually verified/cross-checked.  Both with cross-checks that enlarged the group of witnesses, of the people to be heard/questioned, and with the checking of the alibis of many people, [as well as] with a technical activity that was carried out.

      {Witness confirms Examiner's assumption, and completes his narrative description of circumstances}

      MC:  That is to say?

      {Examiner enquires as to witness's reference to indefinite "technical activity"}

      MaCh:  A technical activity. A bugging activity was carried out. There was also an activity carried out also for the cross-checking of the phone [activity] printouts. There was an activity to understand also the cross-checking of the [phone] cells. There was a very wide-range activity carried out. Without excluding, I repeat, all also [sic] ... shall we say, the minor hypotheses. For example, the news arrived of a Maghrebi who had been in a rush to wash his own clothes in a launderette, not too far from the scene of the crime. This piece of information was excluded for a very simple reason, because from the first results of the investigative inquiries, he had arrived there in the early afternoon, but instead, in the early afternoon of the day before her death, Meredith was still alive [sic]. Because from the witness examinations we had determined that the last person who had seen her alive, saw her in the late afternoon. After which, we also did another series of checks relative to the one [sic] that there was a strange telephone call that the people who found the cellphones in the famous villa, the beautiful one on via Sperandio, had received in the evening. However, we had, how to say, understood that it was a case of a boy who had made a call from Terni and of a strange coincidence, but absolutely irrelevant for the investigation activity. Indeed, we made checks on all the hospitals in order to evaluate, to check, whether maybe there were [patients] who had presented blade/cutting wounds that in some way might have been compatible with a wound, let’s say, or at any rate with a reaction by the victim. Only one had presented, it was a [person] from Foligno who, [while] cutting salami, had cut their hand during the trip back from an away-game with Foligno – he was a football fan. Nothing else. So no investigative hypothesis was rejected. It was, obviously, because this is how it is done, and thus I believe that it is logic, we began to discuss/think in a certain way, because we had deduced from all this scen, another series of further elements, that is to say that the person ….

      {Witness responds with prolonged narrative re "technical activity" and seems to pause}

      MC:  Speak. Don’t be afraid to say it.

      {Examiner urges witness to continue}

      MaCh:  No, no. I’m not afraid.

      {Witness argues with Examiner}

      MC:  That is, let’s say, when was it that the investigations turned to, [started] to focus on today’s defendants?

      {Examiner asks simple Q}

      MaCh:  When on the evening of … they did not focus on today’s defendants, that is to say, progressively the analysis of the investigative elements made us … made us start, even us, to suspect. Because going into a house, finding a [sic] door of Meredith’s room closed, a [sic] door of the apartment opened, faeces in the toilet [bowl], while I take a shower, a series of bloody prints…

      {Witness responds in narrative form and is interrupted}

      MC:  However the faeces were in which of the two bathrooms?

      {Examiner interrupts witness with clarifying Q}

      MaCh:  Of the bathrooms. Me, if I take a shower in a bathroom where there are faeces, instinctively I flush the toilet, in short.

      {Witness makes non-responsive subjective statement and is interrupted}

      MC:  Yes, but the faeces were in the other bathroom.

      {Examiner engages witness in argument}

      MaCh:  Yes, yes, I understood. However, in short, in some way it comes instinctively, no?, to flush the toilet? The fact is that ….

      {Witness joins argument and is interrupted}

      GCM:  Excuse me, do you know how many bathrooms there were in the house?

      {Court interrupts argument with simple Q}

      MaCh:  Two.

      {Witness ignores actual Q and responds with answer to assumed follow-up Q}

      GCM:  Two bathrooms. Excuse me, please. Do you know that a shower was taken?

      {Court asks another simple Q, using vernacular ref. to whether a person used the shower, rather than that the the shower device was taken away.}

      MaCh:  Yes.

      {Witness answers Court's actual Q}

      GCM:  How do you know?

      {Court asks simple follow-on Q}

      MaCh:  I know because it is a thing that I cannot, I believe, report because it was ….

      {Witness seems to answer in non-responsive, subjective narrative form, and is interrupted}

      GCM:  But you checked…?

      {Court seeks objective answer to his simple Q}

      MaCh:  I am trying to be very very careful.

      {Witness hints that he has reasons for apparent evasion}

      Giulia Bongiorno [GB]:  Mr President, we are talking of nothing.

      {Sollecito's lawyer chimes in with distracting comment}

      GCM:  Excuse me, Attorney.

      {Court appears to admonish GCM not to chime-in without specified legal-objection}

      MaCh:  Well, the main point [is] that very slowly we began to understand that there were strong inconsistencies in the revelations that were made. And there were behaviours that on the part of above all, indeed exclusively, of Sollecito and Knox, appeared to us as [being], at the very least, particular. Behaviours both immediately after the event – a sort of impatience/irritability shown [with regard to] the investigation activity that we were carrying out, and obviously we could not but ask [NdT: i.e. “we had to ask”] those who were close to Meredith [about] elements that we considered useful, even necessary, in order to continue the investigation activity.

      {Witness launches into apparent justification for his evasiveness}

      MC:  Excuse me if I interrupt you. I’ll just make a few precise questions, thus: you checked, let’s say, let’s call them alibis, even if it’s a term that’s very so [sic] from American TV films, but in any case [it’s] understandable… Did you check the alibis of the people closest, let’s say, to Meredith?

      {Examiner, after preamble, asks relatively simple Q}

      MaCh:  Yes.

      {Witness answers Q as phrased}

      MC:  In particular, did you check the alibis of the young men from the [apartment on] the floor below?

      {Examiner asks simple Q}

      MaCh:  Yes.

      {Witness answers Q as phrased}

      MC:  Results?

      {Examiner poses Q in casual form}

      MaCh:  Positive for them, in the sense that they were at home, in their own home, that is to say their respective houses, because they were here for reasons of study, so they were not present in Perugia during the days when …

      {Witness responds with allusive casual A, begins to amplify, but is interrupted}

      MC:  Because they had left for …

      {Examiner interrupts with suggestion for next part of witness's response}

      MaCh:  Yes, for the All Souls’ Day long-weekend, let’s call it that.

      {Withess reacts to Examiner's suggestion by stating reason for upcoming week-end absence, but not stating week-end destination}

      MC:  Did you check the alibi of Mezzetti and of Romanelli?

      {Examiner asks double Q}

      MaCh:  Yes.

      {Witness answers for both Qs}

      MC:  Results?

      {Examiner poses Q in casual form}

      MaCh:  The result in this case also [is that] Mezzetti and Romanelli were not there, so …

      {Witness gives clear Answer, apparently begins explanation, but is interrupted}

      GCM:  Excuse me, can you say what checks you did?

      {Court interrupts witness's testimony to ask Q re witness's method}

      MaCh:  We carried out a whole series of checks that brought us to evaluate, establish, that these persons were not present in the premises that evening.

      {Witness ignores Court's Q as phrased and answers anticipated next Q}

      MC:  Let’s say, I imagine that you heard/questioned them.

      {Examiner makes statement-in-form-of-Q with ?-mark omitted}

      MaCh:  Yes.

      {Witness answers presumed Q}

      MC:  Did they tell you where they were that evening, what they did that evening…?

      {Examiner seems to interrupt and asks double-Q}

      MaCh:  And in effect, we assessed/considered that …

      {Witness ignores Q-as-phrased and is apparently interrupted}

      MC:  And you ascertained that in effect …

      {Examiner apparently interrupts A and continues his interrupted multiple Q}

      MaCh:  That it was true what they had told us. I can report on the circumstance.

      {Witness seems to continue his interrupted answer and offers to expand his narrative.
      Q &A cycle is confused and confusing because of repeated multiple Qs, instead of orderly single Q & A}

      MC:  Did you check the alibi of Amanda Knox and of Raffaele Sollecito? Was there a comparison between the declarations of Amanda Knox and of Raffaele Sollecito with regard to the night of the murder, and what you were able to compare, shall we say, objectively, through the other declarations, through the phone records?

      {Examiner asks multiple Qs}

      MaCh:  Through the phone records and through the checks [that were], shall we say, objective, it was found that what Sollecito had declared was not truthful because there was a phone call that was never received [i.e. answered] by Sollecito at 23:00 hours. Because it turned out that there was no interaction with the computer, but I believe that this … as declared [sic]. But above all there was an absolute incongruity of the ….

      {Witness summarizing findings wrt phone records, is interrupted}

      GCM:  There now. Excuse me. Maybe we will not ask the question in these terms: following the declarations, on which you cannot report, that you got from and that were given by Amanda Knox and Sollecito Raffaele, what type of investigations you carried out…

      {Court interrupts to restrict Qs but is interrupted}

      MaCh:  We carried out ...

      {Witness interrupts Court's interruption and is interrupted}

      GCM:  ... and the outcome of these investigations. There now. This is where we’re at.

      {Court completes it's interruption, seeming to believe he has made himself clear, but confusion still reigns}

      MaCh:  Well, in summary ...

      {Witness begins a summary, but is interrupted}

      GCM:  Following the declarations given by them, you had … With regard to Sollecito Raffaele, what did you do and what [information] emerged?

      {Court interrupts witness with double-Q}

      MaCh:  It emerged that, unlike …

      {Witness begins to answer Court's 2nd Q, but Court interrupts}

      GCM:  What did you do, first?

      {Court repeats1st Q}

      MaCh:  We did an analysis of the telephone traffic, and from the analysis of the telephone traffic it emerged that Sollecito had absolutely not received/answered the 23:00 hours phone call as he had declared. From the analysis of the telephone traffic, there then emerged a very strange detail, in the sense that the cellphones …

      {Witness answers 1st Q, begins answering 2nd Q, and is interrupted by Sollecito's lawyer}

      GB:  (overlapping voices) … continue with the opinions/judgements, with all the opinions/judgements.

      {Sollecito's lawyer seems to demand comprehensive testimony}

      GCM:  That which emerged.

      {Court makes seemingly cryptic statement which is probably a Q relating to witness's interrupted A to Court's 2nd Q above: "It emerged that, unlike …" }

      MaCh:  A detail/particular emerged ... unlike what …. (overlapped voices).

      {Witness resumes testimony but is interrupted, multiple voices are heard}

      GCM:  Excuse me. What emerged?

      {Court asks witness to clarify what witness was saying}
      _____________________________________________

      Here ends the Analysis of the Evidence #2, discussing that the lone burglar theory is not credible, and that “Break-In” to Romanelli’s room was faked.

      The next Post:  Analysis of the Evidence #3, will Analyse the Phone records and the police investigation into the accused phone activity the night of the murder.

       

      Posted on 09/24/14 at 09:22 PM by Cardiol MDClick here for my past posts, via link at top left.
      Archived in Those Italy chargedRudy GuedeHoaxes re GuedeGuede sole perp hoax
      Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (31)

      Sunday, September 14, 2014

      Analysis #1 Of Testimony Of Marco Chiacchiera, Director, Organized Crime Section, Flying Squad

      Posted by Cardiol MD



      Dr Chiacchiera with Dr Comodi explaining reason for charges in another case

      Overview Of This Series

      Yet another vital translation which will be posted in the trial testimony areaof McCall’s great Wiki. This again is translated by the ever-dedicated main posterr ZiaK.

      Although I graduated as a medical doctor I also graduated as a lawyer, and was often in courtrooms. For this post and the rest of the Chiacchiera series I am wearing my lawyer’s hat to point out what strikes me in Prosecutor Comodi’s questions,  Marco Chiacchiera’s testimony, and the cross-examinations by defense lawyers.

      Prior Preparations And Procedures

      Under the Italian Code, before the beginning of the trial phase in Italy, the parties file a brief, detailing all evidence they want to present – the parties have to indicate by name every witness and precisely what these will be asked. The aims include creation of a Record of Admissible Facts.

      Also under the Italian Code, both the defendant and the prosecutor can cross-examine each other’s witnesses. The Judge may choose not to admit any testimony that appears patently superfluous, reject irrelevant or improper or irregular questions – such as leading questions, and Inadmissible Hearsay – and also ask questions to the witnesses and experts.

      Ground Covered In Dr Chiacchiera’s Testimony

        (1) He found Knox and Sollecito uncooperative when he asked them questions.

        (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

        (3) Phone records and the police investigation into the accused phone activity the night of the murder.

        (4) Discovery of pornographic magazines at Sollecito’s house.

        (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.


      My Assessment Of This Court Exchange

      It is immediately obvious to me that this witness is a skilled witness; as such, and given his deep hands-on involvement in the immediate investigation this witness’s testimony is credible.  My assessment therefore is that this was a very good and unflinching witness and that Dr Comodi shows no signs of leading the witness or seeking other than a truthful record.

      I have seen prosecutors examine witnesses differently but dont believe the resultant record would have been superior. This would have stood up well in any American court.

      Public Prosecutor Comodi [MC]

      MC:  Dr Chiacchiera, you carried out your duties where, when, at what moment of the events?

      MaCh:  I was and am the director of the Organized Crime Section of the Flying Squad and I am the vice-director of the Flying Squad. The Organized Crime Section is a branch of the Flying Squad that deals with … the term, I think that in this place [i.e. the court] it is enough to say that it deals with organized crime. However, I am also the vice-director of the Flying Squad, for which [reason] I deal with, in the case of need, everything that is necessary [for] the various aspects.

      {Witness supplies 5 items of relevant information that Examiner should elicit at beginning of examination.}

      MC:  Can you tell the Court how you became aware of events, who called you, when you became involved?

      {Examiner asks another triple-question}

      MaCh:  Yes.

      {Witness simply answers question as worded by Examiner}

      MC:  For now, start to tell us, then maybe I will intervene [NdT: i.e. interrupt with further questions] if necessary.

      {Examiner, asking no Q, instructs witness, suggesting provisional forbearance if witness does not make interruptions necessary.}

      MaCh:  On the fateful day, at around 12:33, I had gone to the cemetery with my mother. The operations room called me immediately after the discovery of the body.

      {Witness begins appropriate narrative response, but Examiner interrupts}

      MC:  So the 113? [NdT: 113 is the Italian State Police emergency number]

      {Examiner interrupts witness with a Q, suggesting witness's receipt of call from an emergency number, but suggests wrong source-number}

      MaCh:  110. The operations room of the Questura called me, and informed me of the happenings in an initially obviously very summarized manner. They said to me that there was a suspicious death, a young woman who lived in via della Pergola. I rushed to the place directly in my mother’s car. I didn’t stop by at the Questura, I didn’t go to get the service [i.e. police] car. I got myself taken to via della Pergola. We took about 15 minutes from the cemetery to there, ten fifteen minutes. In the meantime, I phoned the deputy Commissioner Napoleoni, in the temporary absence of the director, Dr Profazio, who arrived later, who was … he was enjoying a period of leave, and with deputy Commissioner Napoleoni we arrived almost at the same time. We arrived almost simultaneously at the premises. Forensics, too, arrived almost at the same time at the premises.

      {Witness supplies correct source-number and resumes interrupted narrative response}

      MC:  The Perugia Forensics?

      {Examiner questions witness's correction, as if to verify and to ensure accuracy of court's record}

      MaCh:  The Perugia Forensics, I highlight, yes.

      {Witness emphatically agrees with Examiner's question}

      MC:​[They were] alerted by you, or ...?

      {Examiner pauses mid-Q, inviting witness to guess complete Q, or is interrupted}

      MaCh:​Alerted by the operations room, and also alerted by me.
      ,
      {Witness responds to invitation, or interrupts with A to assumed complete Q}

      MC:​So you arrive, and who do you find?

      {Examiner's 1st simple Q.}

      MaCh: ​I found there ... there was already deputy Commissioner Napoleoni, there were also a few of Meredith’s co-tenants. There was Amanda Knox, there was Raffaele Sollecito. There were two young men who were, I believe, the friend of the boyfriend of one of the co-tenants. In short, there were a few people who had already been inside the house. There was the Postal Police.

      {Witness answers Q in reasonable detail}

      MC:​In the person of…?

      {Examiner seeks more detail re specific Postal Police Personnel}

      MaCh: ​Battistelli and another of Battistelli’s colleagues. Inspector Battistelli, with whom there was immediately a discussion in order to understand what were the reasons for his intervention there, because it is not normal to find the Postal [police] in a crime of this sort. And he explained to me immediately what was the reason for his intervention. The origin of the, shall we way of his intervention, was due to the discovery of a pair of cellphones in a period of time, I believe, of an hour, [or] two, I don’t recall clearly, that were one in the name of one of Meredith’s co-tenants and one in the name of, later it [sic] … I mean the SIM [card], obviously, the cellphones’ SIMs, the cards, they were in the name of a co-tenant and the other in Meredith’s [name]. The co-tenant, however, then told us, we then ascertained that both of the cellphones in fact were used by Meredith. And already that was, how shall we say, a first detail on which we began to reflect because, in fact, that was an element than in some way made us [become] immediately occupied/involved from an investigative point of view.

      {Witness responds to Q and includes relevant amplifying narrative, anticipating probable future Qs re cellphones}

      MC: ​So, excuse me, also if the Court already, shall we say, knows this, because others have reported it, on this point however, where were the cellphones found?

      {Examiner seems to interrupt with simple Q to clarify specific relevant fact not yet reached}

      MaCh:​Inside the garden of a villa that is in via Sperandio.

      {Witness responds appropriately}

      MC:​In via Sperandio.

      {Probably a Q, but implicitly inviting more specificity}

      MaCh: ​A villa that ... I am Perugian, [and] honestly, I didn’t even know there was a villa there. I’m Perugian, and I swear that I would have sworn [sic] that behind there was a wood.

      {Witness flounders, seems unable to be more specific}

      MC:​A field

      {Probably a Q, but implicitly inviting more specificity}

      MaCh: ​It [was] the first time that I went in behind there. Instead, I see a marvelous old mansion with an enormous garden that gives ... that is almost adjacent to the street – the street that leads towards Ponte Rio. Anyone from Perugia understands me maybe.

      {Witness seems to be in informal conversational mode}

      MC: ​From the structure of the fencing/enclosure, could you tell, shall we say, whether it was possible to throw these cellphones from the street, or whether it was necessary to enter the garden itself?

      {Examiner engages witness, and asks Q to clarify how cellphones got into that garden}

      MaCh: ​Yes, obviously, we checked that. In fact, immediately, in short, the detail that seemed, how shall we say, of great investigative interest was that [very point], besides other details that I will go [into] a bit [sic], so to speak, also to give the impression of what the immediate impact was that we saw in the moment when we found ourselves in a situation of this type. So, deputy Napoleoni immediately entered inside the house in order to check it for herself. I did it [entered] shortly afterwards, also because [as] you will imagine that in that moment whoever was there had to notify all those who [sic], amongst whom Dr Mignini who was the Public Prosecutor on duty, and immediately give orders so that the correct checks are carried out. Because it was not just a crime scene that had to be analysed immediately: there also had to be, how shall we say, correlated with the information that we had got from via Sperandio – because the entry of the Postal [police in the case] originated with via Sperandio. And so we immediately asked ourselves: “Ah, what are these cellphones belonging to poor Meredith doing inside the garden of a villa?” And then And then immediately after, we asked ourselves, obviously, what might be the profile of the possible, or probable, murderer, and we discussed/talked about the crime scene. The crime scene immediately seemed fairly strange to us, if you wish [NdT: literally “if we wish” in Italian, but meaning the same as “shall we say”, “if you wish”, “so to speak” etc.]

      {Witness responds to Q with detailed narrative}

      MC:​Why?

      {Examiner asks ambiguous Q, probably wrt crime scene seeming "fairly strange "}

      MaCh:​Because the door did not show… the entry door to the villa did not show signs of break-in. The we checked …

      {Witness seems to decipher ambiguity correctly, begins narrative response, but is interrupted by Examiner}

      MC:​We are not talking about the villa on via Sperandio obviously?

      {Examiner interrupts with Q, apparently not comprehending Witness's narratives}

      MaCh: ​For the love of god! It was called a “villa” … (overlap of voices), let’s say the house, of the house on via della Pergola there was no forcing/break-in. We found a forcing on the window. The window is this one, on the side of the house. I don’t know if you’ve seen the house? Anyhow, it is this one on the side of the house that can be seen immediately when you come down the slope from the gate. Logically reconstructing the thing, a hypothetical prowler [NdT: literally “ill-intentioned person”] who entered the house, breaking the glass with a rock - because inside the room, which was Romanelli’s room, which was the, shall we say, hypothetical arena of the entry, was completely in utter chaos. For that reason, what should we have hypothesized? That the hypothetical prowler took a rock, managed to throw the rock; the shutters, the external ones, the external shutters were not …

      {Witness is exasperated at Examiner's apparent incomprehension, is repeating his previous testimony, but is interrupted by Examiner}

      MC:​The dark-green wooden ones?

      {Examiner interrupts with Leading Q re colour of external shutters. Now begins a confused and confusing colloquy. The arrangement of Filomena Romanelli’s window, with Outside, and Inside Shutters, the Broken-Glass-Frame in-between, and the glass-splinters on the window-sill is complicated and needs a picture-exhibit that the witness can refer-to; this is apparently not provided, leading to the confusions}

      MaCh:​The dark-green wooden ones were half shut, for which reason [he] must have had an aim like “Pecos Bill” [NdT: a cartoon Wild West cowboy], takes aim and throws that rock, smashes the window. After, he climbs up and does a turn on the little slope, and has to clamber up towards the window on the smooth surface, it seems to me, that from the ground up to the window there are two and a half metres-three [metres]. And then would have said: “bah, in short” [sic]. Yeah, well, the thing seemed to us…. in short, the first hypothesis that the investigator normally does, finds a level of unlikelihood of this kind of happening. After which, we looked at the house and we saw that an entry of a potential prowler [ill-intentioned person], still reasoning on the hypothesis…

      {Witness amplifies narrative response but is interrupted by Examiner}

      MC:​Of theft.

      {Examiner inappropriately interrupts, incorrectly guessing what witness was about to say}

      MaCh: ​Of theft ending badly. Of theft that then degenerates because the burglar in some way thinks that he will find no-one in the house and instead finds a person, and then it degenerates … We saw that there were easier means of entry, without wishing to bore you, but behind the house there was the possibility of climbing in a much easier way, without being seen by people that might have passed in the road. Let’s remember that, in short, it was not very late; quite the contrary. Normally people passed there, for which reason, if [he] had done it, the thing would probably have been seen. That thing there, as an hypothesis, we didn’t immediately discount it, that’s clear, because it’s a good rule to never discount any hypothesis. But we immediately considered that it was not a priority.

      {Witness corrects Examiner's wrong guess, amplifies and seems to end narrative response}

      MC:​Dr Chiacchiera, I interrupt you. (The witness is shown an exhibit.)

      {Examiner, seems to acknowledge her habit of interruptions without actually interrupting, while introducing an unspecified exhibit. This introduction seems very informal, because Exhibits are normally identified by an assigned title.}

      MaCh:​Ah! I didn’t remember it as being so big.

      {Witness recognizes unspecified exhibit}

      MC:​Precisely! You saw it? This is the rock that ...

      {Examiner engages witness, stating it is "the rock".}

      MaCh:​Yes, but it has been some time I have not, how shall we say, yes, I saw it. Absolutely.
      However, it’s big, it’s huge.

      {Witness engages Examiner, commenting on how large the rock exhibit is}

      MC:​Do you consider that it could be this?

      {Examiner ambiguously (what are "it" & "this "?) asks witness's opinion}

      MaCh:​I believe so.

      {Witness seems to overlook ambiguity of Q with vague A)

      MC:​I try …

      {Examiner begins to speak but is interrupted}

      Judge Massei [GCM]:​How?

      {Court interrupts as if to ask Q how Examiner 'tries'}

      MC:​It is this. Yes, it is this one that was collected, yes, that was found.

      {Witness seems to confirm that exhibited rock is the rock found in Filomena’s room}

      GCM:​So the rock is shown. [NdT: an “aside” for the court records?]

      {Court formally announces admission of rock-exhibit, seemingly trying to reduce confusion caused by informal dialogue}

      MaCh:​Inside the room where we then found the rock…
      ??:​But what was the question about the rock?

      {Witness amplifies that rock had been found in a room, but enquires re rock Q, exposing confusion caused by informal dialogue}

      GCM:​If this was the rock. And the witness said ...

      {Court begins explanation to confused witness}

      MaCh:​I said yes. Yes.

      {Witness interrupts Court - confusion reigns}

      GCM:​You saw it? You saw the rock?

      {Court asks witness 2 Qs, trying to clarify that 'it' refers to 'the rock' that witness saw.}

      MaCh:​Yes.

      {Witness confirms that witness had previously seen the rock introduced into court as an unlisted exhibit.}

      GCM:​When you saw it, where was it?

      {Court proceeds to clarify confusion re where the rock was when witness originally saw the rock}

      MaCh:​The rock [was] in the room of Romanelli.

      {Witness specifically testifies, for witness's first time, that when witness originally saw the rock, the rock was in Filomena Romanelli’s room}

      GCM:​How far from the window? Can you say?

      {Court continues to seek clarification using double-Q.}

      MaCh: ​A few centimetres [NdT: “un palmo” = “a hand’s width”] from the window sill, under the window, from the wall where the window is.

      {Witness testifies clearly in answer to Court's 1st Q of above double-Q.}

      GCM:​So from the internal perimeter wall, from where the window gives onto it, a “hand’s breadth”. So 20 centimetres…

      {Court apparently begins to seek verification of witness's testimony, but is interrupted}

      MaCh:​Mr President ....

      {Witness begins to Interrupt Court}

      GCM:​... away from it approximately.

      {Court finishes his interrupted statement}

      MaCh:​Yes.

      {Witness agrees with Court's completed statement}

      GCM:​And this is the rock. You remember it.

      {Court states his understanding in form of Qs.}

      MaCh:​Yes, yes, yes, yes. That is the rock.

      {Witness impatiently agrees with Court's understanding}

      MC:​At least as far as size and colour [are concerned], it corresponds thus to the one that was collected [as evidence].

      {Examiner makes statements in form of Q, seeking verification of resemblance of exhibit-rock to original rock}

      MaCh:​At least as far as size and colour [are concerned], it absolutely corresponds. If it was collected, I think that ...

      {Witness begins narrative agreement with statements of Examiner, but is apparently interrupted by Examiner}

      MC: ​Very well. WITNESS [sic? Should be MaCh?] and Romanelli’s room was a complete shambles. The clothes were on the floor, the glass was strangely on top of the clothes, the [glass] shards were strangely on top of the … on the windowsill, let’s put it that way.

      {Apparent Transcriptional confusion attributing to interrupted witness narrative the interrupting .statement of Examiner}

      MC:​The outside one.

      {Examiner seems to amplify statement of Examiner wrt which window-shutter witness had been referring-to}

      MaCh: ​The outside one, precisely. The one that is between the shutters and the shutters [sic. NdT: “imposte” in Italian, but this can also mean shutters, or flap, as in the inner “scuri” shutters, or he may mean the window-frame itself, with the window-panes, given his following description], the green shutters and the shutters, the broken ones in short, where the glass is. The shutters – the wooden ones. The rock was a bit too close with regard to the wall if I [were to] throw it from least two metres. Unless it was lobbed [i.e. thrown in a high arc]. But in that case it’s rather unlikely that it would smash the glass. For that reason, I repeat, in the context of immediate likelihood, this one …

      {Witness agrees with Examiner that he was referring to "The outside one", continuing with narrative of reasoning, but is interrupted by Examiner…}

      MC:​Yes, it’s true. These are considerations. However they are considerations, shall we say, that refer [sic], because they are reasoning/lines of thought that are formed in the “immediacy” of the events [NdT: i.e. “in the immediate aftermath”. NOTE: throughout the text, a number of speakers use “immediatezza” (lit. “immediacy”) to convey a number of meanings, from “in the immediate aftermath”, or “in the immediate surroundings”, or “very soon after”, etc. I will translate them appropriately according to the context, without further explanation of the use of “immediatezza”], in order to proceed in one direction rather than another.

      {Examiner, interrupting witness, apparently agreeing with witness's reasoning. While Examiner is apparently stating his own argumentative reservations re the possible evolution-in-time of witness's changing lines of reasoning, he is interrupted by Giulia Bongiorno, Sollecito defense lawyer:}

      Giulia Bongiorno [GB]: ​I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

      {GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

      MC:​But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

      {Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

      MaCh:​It happens to us too, at times, to reason/think rationally …

      {Witness joins colloquy, amplifying Examiner's argument.}

      GCM:​These reasonings/deductions, then determined your investigative activity in one direction rather than in an …?

      {Court seems to invite further amplification by witness}

      MaCh: ​Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach – I won’t say conclusions – but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken … a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as … (overlap of voices).

      MaCh:​… particular.

      {Witness further amplifies narrative}

      GCM:​You formed these considerations, and what did they lead you to?

      {Court asks simple Q.}

      MaCh: ​That very probably the author or authors knew the person, or at any rate that the author or authors did not enter … did not enter from the window-pane of that window.

      {Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

      GCM: ​Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, … there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

      {Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}
      _________________________________________________

      This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

      Analysis of Chiacchiera’s Testimony will continue in a future post.

       


      Thursday, June 12, 2014

      Fifty Of The Most Common Myths Still Promoted Without Restraint By The Knox PR Campaign

      Posted by The Machine



      Fooled ya! Knox’s parents have the mythmaking machine’s pedal to the floor, and arent slowing it

      Introduction

      I’ve listed the 50 most common myths circulating in the media with regard to the Amanda Knox/Meredith Kercher case and refuted them using as far as possible the official court documents and court testimony.

      Click here for more


      Friday, January 17, 2014

      False Claims In Bongiorno’s Summation: That The Wound “Proved” Sollecito’s Big Knife Was Not The One

      Posted by The TJMK Main Posters





      In defense summation on 9 January, nobody who really knows the case (such as Judge Nencini) would have bought many of Giulia Bongiorno’s outlandish arguments.

      The post below this one illustrates how Bongiorno in about half her arguments tried to demonize and mischaracterize all of Perugia, as if somehow Perugia itself had become the real villain in forcing a rush to judgment and wrong conclusion. In fact Perugia took a huge hit from Meredith’s murder but has acted gracefully and competently ever since. 

      This post by several of us after discussion in Comments is the first of two on Bongiorno’s claims about the large knife. The second one will follow next week by Ergon.

      There is no question in our minds but that this IS the murder weapon. It was proved convincingly by way of the DNA tests done by the Scientific Police and Carabinieri. Here we prove it by way of human physiology and the autopsy.

      Waving two knives with a manic expression, Bongiorno claimed that the the large knife in evidence was far too large for the wound in question - and anyway, anyone intent on murder would have easily pushed the large knife right through so there was no intent of murder anyway. Bongiorno dismissed the possibility that hyoid bone could have somehow stopped the blade, prevented it from penetrating, as the bone is not resistant enough.

      The surface location of the hyoid Bone is shown in the Illustration above; its front is only a few millimeters below the skin: The hyoid bone is loop-shaped like a C, open at the back; this Hyoid loop encloses part of the airway:


      The hyoid bone curves around the upper airway at the base of the tongue, and is also called the tongue-bone or the lingual-bone. It is located between the mouth and the larynx; therefore during inhalation air passes through the hyoid loop before it passes through the larynx, and during exhalation air passes through the larynx before it passes through the hyoid loop.

      The hyoid is an integral factor in the swallowing, breathing, and phonation mechanisms. If transected in such a way as to connect its part of the airway directly to the atmosphere, as it was in this case, swallowing, breathing, and phonation will be seriously impaired, as they were in this case.

      The coexistent bleeding from the also-transected Right Superior Thyroid Artery accelerated Meredith’s death, more by the drowning-effect of inhalation of the blood into her lungs, than by the loss of circulating-blood alone.

      Both the hyoid bone and the jawbone are mobile, which is why we can chew, swallow, talk, smile laugh, and sing, the way that we do, each of us in our own unique way.

      The Massei Prosecution Reconstruction depicted the killers making cuts obliquely from behind.

      The fatal cut started on the Left, but crossed the midline to the Right.

      Both the Right Superior Thyroid Artery, and the nearby Hyoid Bone, were severed but from Massei, it is not precisely clear where the hyoid loop was severed, and it seems that the cut did not include the midline skin; The Florence Appellate Court will have access to the relevant records.

      Here is why the hyoid could not have damaged any knife:

      It is an old rule of materials-physics that a softer substance cannot even scratch a harder substance.

      [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would not show signs of damage caused by the stabbing in this case.]

      As pointed-out recently on TJMK, some confusion has arisen, caused by a quotation in the Massei Report, where on p371is written: ”…a single blow was apparently halted by the jawbone…”

      The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted by” did not mean it was stopped-by the jawbone:

      Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”

      Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “at” the jawbone.

      Skin is soft and bone is harder but there is no way that the knife striking the jawbone would halt the knife in this case, the jaw would just roll with the strike, depending on the angle of attack. [The force was not even enough to mark the jawbone itself!]

      Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife.

      When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken or dislocated, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.

      If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action.

      [Look at your own kitchen carving knife. It probably has no marks caused by striking chicken thigh bones. It will have fine parallel scratches created in the manufacturing process.]

      Any implication-in, or inference-from the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade is a figment of an uninformed imagination.

      The kitchen-knife, found in Sollecito’s apartment, with Meredith’s DNA on the blade and Knox’s DNA on the handle, is the weapon that killed Meredith.


      Thursday, January 09, 2014

      Appeal Session #8: Sollecito Attorneys Today Try To Show Where Police And Prosecution Went Wrong

      Posted by Peter Quennell

      [Giulia Bongiorno today; previously she collapsed in court after a guilty verdict in PM Andreotti’s case]

      4. Tweets by Main Poster Machiavelli

      148. Bongiorno relies on her “personal belief” as last argument. Bye bye!

      147. Bongiorno offers the known arguments to maintain an early time of death. But (now) it’s late for me.

      146. She had opened her arguments by quoting Sardinian judge and author Salvatore Satta, to me the choice suggest setting a desperate defence

      145. Bongiorno built and waded through a complex building of argument employing extreme rhetoric devices, seemed to be in difficulty to me.

      144. I had the impression Nencini was skeptical because not interested in the photos and videos, did not look at them attentively.

      143. Details the “plausibility” of an intrusion through the window. Glass shards etc. arguments already seen.

      142. “Cogne” is a famous Supreme Court ruling saying guilt can be found “by logical exclusion” on sheer “a contrario” arguments.

      141. After brandishing two knifes before the court, talking about footprint, makes an emphatic comment “We are not in Cogne”

      140. Bongiorno has ended the ninja-knife-rotating phase.

      139. Now Bongiorno speaks about the bathmat bloody print. Says Sollecito’s big toes do not balance on the dystal phalanx. (old argument)

      138. Bongiorno shows a picture with an envisioned “knife” (pocket knife belonging to Guede?) together with the print on the bed sheet

      137. Nobody brings a “small blow with a big knife”.

      136. Says: to paint a large wall you need a “great” (big) brush (paraphrase of a pun from old advertisement) but you don’t use half of a big knife

      135. Bongiorno handles a big knife!

      134. My opinion: just behind the hyoid bone base there is the cervical vertebra, very resistant, it was the vertebra that offered resistence.

      133. When there is a will to kill, the blade penetrates entirely.

      132. Bongiorno dismisses the possibility that hyoid bone could have somehow stopped the blade, prevent from penetrating, it’s not resistant enough

      131. cites the report by Dr. Umani Ronchi, saying the knife is compatible, but the blade was not used entirely.

      130. Last point about the knife is the kind of blade: 17 cm long, while the wound is 8 cm deep. It’s too big, not the murder weapon.

      129. Says there isn’t a note indicating a quantifying was done.

      128. B: alleges “many mysteries” about Stefanoni’s report. Says there is no DNA amount.

      127. In Stefanoni’s report it looks like as if for all knife DNA traces RealTime had been used; and it’s not true. SAL say Fluorimeter used

      126. Another point: Fluorimeter. Stefanoni said the PCR method would have been better.

      125. Question how he could deduce the knife was compatible. Bongiorno’s points seem extremely weak.

      124. Bongiorno attacks on Finzi’s word: quotes testimony when says “It’s the first knife I noticed” and “seemed compatible with wounds”.

      123. Question is: possible that Sollecito kills and then puts the knife back in the drawer again? and that he uses a knife from his own kitchen?

      122. How is it possible to touch the clasp, but not the rest of the bra? Then Bongiorno says, now let’s deal with the knife.

      121. B: There are two questions: 1. why no traces of Knox and Sollecito (except the clasp); 2. why Sollecito’s DNA on clasp but not on bra?

      120. No trace of Knox, how could they clean only their own traces…. etc

      119. Attributes to Guede the “rest of the whole bra” plus the purse and sweater traces.

      118. Emphasizes that other objects in the room instead are “stuffed with” traces of Guede

      117. Also, there is the Y chromosome sequence but says it is not reliable for the same reasons.

      116. Mentions further reasons for criticism: 1 low template DNA 2 no second amplification (maybe confuses with knife) 3 unknown biological origin

      115. Talks about the expert claiming the DNA profile could be compatible with herself (actually wrong, the expert was a female had no Y profile)

      114. Says they “found Sollecito’s profile among a 4- individuals mixed trace”.

      113. Says Stefanoni applied a suspect-cantered interpretation method on a mixed trace with multiple possibilities. Old argument, weak.

      112. The profiles mixed in the trace are more than two, thus DNA not usable. This point of arguments perceived as weak in room.

      111. Says the bra clasp trace is a mixed trace.

      110. Says mixed DNA profiles are like overlapping of spider webs. High probability of mistake which thread belongs to which one

      109. Bongiorno bashes “inconsistence” of Stefanoni and maintains she mistook stutters for alleles.

      108. Says if we apply Stefanoni’s criteria to her own findings, the clasp X trace is not attributable to Sollecito

      107. Points out the C&V report where they object how Stefanoni considered the peaks departing from guidelines. Say C&V analyzed each peak.

      106. Asks, rhetorically, about the way how Stefanoni read the DNA profiles.

      105. Mentions the presence of other DNA contributors on the bra clasp.

      104. The usual magnified photo showing the dirt on police glove.

      103. Calls these “touchings within a contaminated environment”.

      102. Says clasp fabric was touched 14 times with one glove, then touched by other gloves.

      101. Says the clasp was moved, found under the carpet, originally was under the pillow.

      100. B. shows pictures about the object moved around in the room, carpet under table, cloths on bed etc.

      99. Complains about the searches made by Napoleoni’s team on Nov 6 & 7 and objects Prosecutor Crini is wrong when says there was only one collection.

      98. Says the bra clasp has a “materialization” on the night of Nov. 3 but was not collected because they forgot to place a tag letter.

      97. Emphasizes that the forgotten bra clasp has become the pivotal piece of evidence against Sollecito.

      96. Says about 20 people have manipulated objects on the crime scene.

      95. Emphatically lists the names of all officers who entered the house.

      94. Calls the DNA collection “mother of all mistakes” in this case.

      93. Items should be touched only once. Stefanoni told the police to not move the items.

      92. Disposable gloves must be used, new ones for each item. Quotes Intini saying impossible avoid contamination of crime scene.

      91. Says the collection of DNA is fundamental. The collection must be early.

      90. Says Cassazione didn’t read the C&V report carefully. Says not all DNA is usable. Stutter peaks should not be considered.

      89. Now Bongiorno is talking about DNA.

      88. Basically Bongiorno defined evidence against Sollecito as only three points: (1) late call to police (2) knife with Meredith DNA (3) shoe/foot print

      87. When B was describing Donnino as a psychic there were people laughing in the room. Her arguments became more effective after the first hour

      86. Bongiorno’s series of “half pieces of evidence” seemed like empty rhetoric. The use of video seemed somehow better.

      85. The late clock theory is to maintain that Sollecito did not call the 112 after police arrival.

      84. The defence theory is the clock was slow, not fast.

      83. Bongiorno showed video of alleged Police arrival recorded by parking CCTV, explains defence theory.

      82. One thing the SC and PG doesn’t know is about what she calls the “real” timing of Sollecito phone call to 112, as “proven” by defence.

      81. One mistake at the Guede trial was about the shoe print attribution.

      80. Explains that the subsequent trials of Guede got many facts wrong because they ignored subsequent development.

      79. Said Cassazione did not assess the DNA judge appointed report and that testimonies and defence reports were missing.

      78. Bongiorno explained the “reverse funnel effect” by which superior court is unaware about additional findings.

      77. Sollecito - said B.- would not intervene to help a guy he didn’t know, and not even to protect Knox whom he had been knowing 9 days

      76. If cleaning issues were a casus belli among the girls, why would Sollecito enter a raw to defend Rudy?

      75. But B. objected this is still only half a motive, because Sollecito had nothing to do with it.

      74. Apparently B. acknowledged Laura Masotho testified about problems with Knox cleaning habits. PG thinks means problems living together

      73. Talked about the “second motive” calling it “improper use of toilet”

      72. Said Guede was a drop-out, the opposite pro-black prejudice is also unacceptable.

      71. Urged the court to not assume as individual is a weak and discriminated subject just because a black man

      70. The sex theme party is “surreal” Bongiorno said.

      69. Said Knox-Sollecito was a tender relation, they enjoyed romantic kisses, were not bored 50y old seeking hot emotions

      68. The motive (sex) for the “festino” (little party) was smartly dropped by the PG

      67. The motive “accepted” (by courts) was a sex party, but the PG does not believe it.

      66. Said motive was considered almost as an optional; said prosecutor general changed the motive because had no choice.

      65. Said that Kokomani was offered 10k euros for his testimony.

      64. Bongiorno criticized media trials and said witnesses must be “virgins”, otherwise the Aladdin lamp taints the trial

      63. Said the Aladdin lamp effect is generated by media trial, in which a “monster” is chased by public opinion

      62. Bongiorno talked about “Aladdin lamp effect”: detectives wishes which materialize.

      61. Said Mr. Kokomani “materialized” when investigators had desperate need to prove Sollecito and Guede knew each other

      60. Bongiorno talked at length to substantiate a scenario of Rudy as a burglar who was used to knives.

      59. Rudi would physically approach girls and try to kiss them when he was drunk, B. Said

      58. Said Guede harassed girls and Sollecito did not know him.

      57. Said when the investigators found Rudi, they could not abandon the first suspects, because it’s difficult like leaving your first love mate

      56. Said there is no evidence the three people hung out together.

      55. Spoke about Guede’s alleged lifestyle.

      54. Said that was the nightmare of Perugia, the intruder nightmare.

      53. Said the room is flooded with evidence of Guede all over the place.

      52. Bongiorno criticized factual points addressed by Cassazione, mentions wrong early experts reports.

      51. She described Knox as almost unconscious, buckled because she trusted Sollecito, thinks the police and Raff say so, must be true.

      50. When Knox learns about bring accused by Sollecito she had a collapse while the “psychic” was saying “remember!”

      49. Amanda, B. says, did not understand why Raffaele accused her.

      48. Bongiorno urged judges to get out from codes and get into the hearts of the two young accused.

      47. Said if you believe to the Memoriale, where does it mention Raffaele?

      46. The recording of Knox’s conversation with her mother “proves she was still in delusional state”

      45. Bongiorno said even if you believe her confession, she doesn’t mention Sollecito.

      44. Said Amanda was “induced into raving” by “psychic” Donnino.

      43. Explained the three types of false confessions.

      42. Said Knox did not commit a crime but convinced herself she did. B. mentions the internalized false confession type.

      41. Talked about police mistake on the “see you later” message

      40. Said trial was determined by the fact Donnino fid not understand English well, thus sidetracked Knox

      39. But, said, if we look at Knox, it’s not her sidetracking investigation, but rather investigators sidetracking her.

      38. Said the Cassazione suggests Raffaele lied about timings of call to carabinieri, accused him of sidetracking because he lied.

      37. One of the elements against Sollecito is the accusation of having sidetracked investigation. Said it was false.

      36. Called Donnino a “medium” ( means .“psychic”)

      35. Said Donnino acted as mediator not interpreter

      34. Said Donnino altered Knox’s statements.

      33. Bongiorno criticized interpreter Anna Donnino.

      32. Sollecito’s aunts wiretapped as if they were the most dangerous murderers.

      31. Talking about insults [to Sollecito’s family members], Bongiorno cries.

      30. Says they also insulted Knox

      29. Amanda was caught by anxious urge to answer. She became uncomfortable because police asked too much, altering her serenity

      28. Bongiorno says if the court doesn’t want to read the whole interrogation (of Dec 17) they should at least read the memoriale

      27. Nencini interrupts Bongiorno: how could I read all interrogations entirely, when Supreme Court prevents me from doing so?

      26. Calunnia doesn’t mean there is evidence of murder.

      25. Only half of the house of murder investigated. An interrogation considered evidence of Knox’s calunnia.

      24. Says Raffaele was “halfed”, against him only half pieces of circum evidence: half shoeprint’ knife compatible only if you consider half of blade

      23. [My] Impression that Bongiorno’s start of defence speech was rather weak. Too much over the top, reveals weakness.

      22. shoeprint attributed in advance because boyfriend of Amanda. Speaks about “admission” by Rinaldi-Boemis

      21. She is tired of Raffaele reduced by “half”, a half character seen as a reflection of Amanda

      20. Says Knox was the main character, she was so before the trial.

      19. Speaks about “creativity” before the trial. Speaks at length about the bloody shoeprint.

      18. Bongiorno: Raf thinks he was put in jail because of wrong print. But not true: it’s because he was Amanda’s boyfriend.

      17. Shows pictures of Vinci’s analysis of pillowcase prints.

      16. Bongiorno also said other reason for suspicion was that Knox had the keys. The motive chosen was “ideal” not real.

      15. Most active and free women are seen as more suspicious.

      14. Bongiorno: women are suspected because of today women’s empowerment movements.

      13. Started from a sex party gone awry theory. They asked themselves: who could take part to such party? A 20y American sexy girl.

      12. Investigators followed Lombrosian criteria (inspired by Cesar Lombroso theories)

      11. Says: it was Perugia population who chose the less disquieting scenario, and the investigation was based on “less alarming motive” choice

      10. Bongiorno: authority had to chose between a “tranquillizing” student motive and a dangerous serial killer “worrying” scenario.

      9. Why did they accuse and put them in jail so early? They didn’t even have the knife.

      8. Complains Sollecito doesn’t find a job because has a murderer’s face

      7. Bongiorno focuses on the “early bias” against accused, since four days after finding of body.

      6. Bongiorno speech hinges around the persecution of defendants. Describes her fear, fleeing from Perugia. Says people didn’t know trial papers

      5. Bongiorno was shocked by the angry mob before Perugia courtroom [after Hellmann verdict]

      4. Bongiorno: a bloodthirsty mob chasing defendants

      3. Reads book snippet about French revolution, describe a horde of sanculots and armed citizens

      2. Bongiorno quotes Italian author Satta. Talks about “chase” of the two accused

      1. Sollecito is in courtroom

      3. Tweets By Freelance Andrea Vogt

      15. Leaving court, raffaele sollecito and father expressed satisfaction w/closing args. Perugia attorny Maori to close at next hearing, Jan.20.

      14. Bongiorno closing finish: Turn amanda off. Acquit them both, but judge Raffaele Sollecito for who he is, not for half-truths against him.

      13. A loud emergency evacuation request was just broadcast in Florence court, but the presiding judge says hearing will continue.

      12. Once you’ve seen Bongiorno wave two knives in front of an Italian jury, most other court reporting one has done seems rather dull.

      11. Bongiorno holds up butcher knife like the one in evidence to jury: “This knife is too big. It is not the murder weapon.”

      10.  New amanda knox court schedule: [prosecution] rebuttals Jan 20, with verdict on Jan 30.

      9. Florence amanda knox appeal: court breaks until 14:15. Unclear if sollecito defense will finish today or spill over.

      8. Bongiorno: Sollecito is not a puppy dog. He may have brushed her hair, cleaned her ears, but he would not kill for love of amanda knox.

      7. Bongiorno and judge exchange laughs over “unca nunca” the eskimo kiss. “I’m over 50,” he said “I need an explainer.”

      6. Bongiorno on witnesses found by local journos: “This trial had an Aladdin’s Lamp. Every time cops needed a witness, one materialized.”

      5. Bongiorno defending Amanda Knox, while at the same time clearly separating Sollecito’s position from that of Knox.

      4. Bongiorno reading amanda’s statement: “If you believe this is a confession, where’s Raffaele? He is never, never, never mentioned.”

      3. Bongiorno just read wiretapped comms of Perugia cops Napoleoni and Zugarini insulting Sollecito’s family.

      2. Bongiorno: “Amanda amanda amanda amanda amanda . . . And raffaele? Basta with sollecito always being considered Knox’s other half.”

      1. Bongiorno: Perugia declared “case closed” 4 days after Kercher murder, w/no murder weapon and a motive intended to calm public fear.

      2. Tweets by La Nazione Court Reporter

      66. Bongiorno: “In conclusion Amanda and Raffaele are innocent “

      65. Bongiorno: “I am convinced that the murderess is Rudy who has already been convicted “

      64. Bongiorno “The attack on Meredith takes place at 21.10 when Raffaele ‘s at home “

      63. Bongiorno: “Guede had already entered into three more apartments in the holiday periods “

      62. Warning to evacuate the court. But it is only a test

      61. Bongiorno: “Is it possible that the glass has been broken from the outside “

      60. Bongiorno: “The absence of traces of mud on the wall is because in those days it was not raining”

      59. Bongiorno: “Plausible hypothesis that someone has entered the window “

      58. Bongiorno: “You can not get to a liability via just exclusion . We are not in Cogne “

      57. Bongiorno: “Against Sollecito, no real clue “

      56. Bongiorno: “The footprint on the rug is not Sollecito, his foot does not match “

      55. Bongiorno: “The murder weapon is a boxcutter knife with 8 inches “

      54. Bongiorno: “The knife found at Sollecito’s house is not the murder weapon “

      53. Bongiorno: “Depth wounds on the victim is not compatible with the size knife “

      52. Bongiorno addresses the issue of the knife

      51. Bongiorno: “Absurd to think that Amanda and Raffaele have deleted only their tracks

      50. Bongiorno: “How can you think that there is only a trace of Sollecito on the clasp ? “

      49. Bongiorno: “On the scene of the crime no trace of Amanda, but only Rudy Guede “

      48. Bongiorno: “On the hook there are traces of four profiles of DNA “

      47. Bongiorno: “That hook looks like it was taken from a landfill “

      46. Bongiorno: “The hook was crushed during the inspections “

      45. Bongiorno: “The bra clasp was moved “

      44. Bongiorno: “The hook of the bra is not at the first inspection reperted “

      43. Bongiorno: “About 20 people came to the house between the two surveys

      42. Bongiorno: “The finding attributed to Sollecito jumps out only in the second survey “

      41. Bongiorno: “It is not true that no one came on the scene between the two surveys “

      40. Bongiorno addresses the issue of DNA on the bra clasp of the victim

      39. After the break the summation of lawyer Giulia Bongiorno starts again.

      38. The hearing is adjourned for an hour

      37. Bongiorno ( Sollecito defense ) : ” Rudy Guede did not want to respond to our defense [at Hellmann appeal] “

      36. Bongiorno ( Sollecito defense ) : “No survey has ever spoken of the presence of more subjects [than one]”

      35. Bongiorno ( Sollecito’s defense ) : “It was Raffaele who raised the alarm”

      34. Bongiorno ( Sollecito’s defense ) : “And we demonstrated that Sollicito called 112 before the police arrived “33. Bongiorno ( Sollecito’s defense ) : ” If the motive are disputes on the hygiene of the house, where was Raffaele ? “

      32. Bongiorno ( Sollecito’s defense ) : ” The indictment identifies the changes to driving and excessive use of water”

      31. Bongiorno ( Sollecito’s defense ) : “the relationship of Amanda with Raffaele was tender, kissed like Eskimos “

      30. Bongiorno ( Sollecito’s defense ) : ” Guede unwelcome, if there had been a party he would not have asked “

      29. Bongiorno ( Sollecito’s defense ) : ” In this process, the motive is considered an option, but it is not “

      28. Bongiorno ( Sollecito’s defense ) : ” Absurd to think that Sollecito and Guede became known that night “

      27. Bongiorno ( Sollecito’s defense ) : ” The witness who spoke of the friendship between Raffaele and Rudy Guede was denied “

      26. Bongiorno ( Sollecito’s defense ) : ” Amanda Raffaele prosecuted even when they told [the truth?] “

      25. Bongiorno ( Sollecito ) : ” Absurd Amanda putting herself at the scene of the crime”

      24. Bongiorno ( Sollecito’s defense ) : ” Amanda never pulled into the dance Raffaele “

      23. Bongiorno ( Sollecito’s defense ) : ” Amanda wassidetracked , it is she who is derailed “

      22. According to the lawyer Bongiorno interpreter on night of interrogation of Amanda did not just translate

      21. Bongiorno ( Sollecito’s defense ) : ” The interpreter admiited to having helped in the court”

      20. Bongiorno ( Sollecito ) : ” The interpreter confirms that she has done so in trial court as mediums in the interrogation “

      19. Bongiorno ( Sollecito ) : ” Amanda says that the interpreter invited her to remember”

      18. Bongiorno ( Sollecito ) : “There are black pages in this investigation “

      17. Bongiorno ( Sollecito ) : ” According to the documents offenses of aunts of Sollecito by those who listened to the wiretaps “

      16. Bongiorno ( Sollecito ) : ” Amanda and nighttime interrogations without a lawyer “

      15. Bongiorno ( Sollecito ) : ” The identikit identfication of the killer as Amanda proceded and generates slander “

      14. Bongiorno ( Sollecito ) : “On the footprints attributed to Sollecito there was a big mistake “

      13, Bongiorno ( Sollecito ) shows some slides in the court on the footprints at the crime scene

      12. Bongiorno ( Sollecito ) : ” Raffaele is not the only other half of Amanda . Just a quick passion “

      11. Bongiorno ( Sollecito ) : ” Amanda was the stronger of the pair with Sollecito “

      10. Bongiorno ( Sollecito ) : ” Amanda was leading [the two] before becoming involved in the legal process”

      9. Bongiorno : ” Starting from the motive of the game , Amanda seemed like the perfect one guilty “

      8. Bongiorno ( Sollecito ) : ” They have chosen an ideal motive and then followed the criteria Lombroso “

      7. Bongiorno ( Sollecito ) : ” A creation was the motive to reduce fear in Perugia , a party gone wrong “

      6. Bongiorno ( Sollecito’s defense ) : ” In record time, the case was declared closed almost immediately , after four days ‘

      5. Bongiorno ( Sollecito ) : “Against Amanda and Raffaele horde of red herrings”

      4. Bongiorno ( Sollecito ) : “Sollecito was branded a murderess when there was no evidence “

      3. Bongiorno ( Sollecito ) : ” Raffaele and Amanda have become the symbol of depravity ‘

      2. Start of the argument of the lawyer Giulia Bongiorno , Sollecito’s defense

      1. Start of the hearing. Today it’s up to the lawyers Raffaele Sollecito

      1. Overview post Wednesday by Andrea Vogt

      Website of Andrea Vogt

      Defense lawyers Giulia Bongiorno and Luca Maori will give closing arguments on behalf of Raffaele Sollecito Thursday in Florence, starting at 10 a.m.

      While Amanda Knox has been the main focus of attention for most of the U.S. media covering this case, Sollecito has increasingly become the object of gossip in the Italian press, with tabloid magazines like Oggi regularly publishing snaps of him on vacation this winter in Santo Domingo.

      More recently several local newspapers in Veneto published speculation about a new woman friend and fellow University of Verona student with whom he had been hanging out with over the holidays in a small town near Treviso.  Amore or amica? He’s not about to tell.

      At his last spontaneous declaration before the court Sollecito complained about his lack of privacy and pleaded with the jury to give him his life back. Tomorrow his lawyers will make the case for his innocence formally to the judge and jury. Expect fireworks from Bongiorno, famous for her captivating oratory and no stranger to high-profile cases — having cut her teeth as defense lawyer for former Italian prime minister Giulio Andreotti.

      ol


      Saturday, December 14, 2013

      Why Is Appeal Prosecutor Crini So Very, Very Interested In The Precise Position Of Filomena’s Door?

      Posted by Cardiol MD



      [Above, we can see Filomena’s grey door, at hard left; ahead are Meredith’s & Knox’s bedrooms]


      Do please bear in mind that this appeal was initiated by Knox and Sollecito, and the verdict, sentence and sentencing report they dispute is Judge’s Massei’s from the 2009 trial.

      The subject of one of Dr Crini’s focuses - whether or not Filomena’s door was open at the various times Knox and Sollecito stated they went to the women’s apartment on the morning-after – is a crucial one, relevant to proving Knox’s and Sollecito’s lies and obfuscations.

      Wasn’t the staged break-in to Filomena Romanelli’s room glaringly obvious? In the early morning of November 2nd, 2007? In spite of the Knox/Sollecito obfuscations?  There is much information in Massei on this question, pointing to many very obvious obfuscations.

      Now, for the legal requirements of beyond-reasonable-doubt (BRD) actual, literal quotations are needed. Much relevant information can easily get ‘lost in translation’ not only at the superficial level of paraphrase, as in “They said that…..”, but also at the more subtle level of the formats used for quotations.

      Some of the Massei Report as translated consists of the actual oral quotations of witness statements, some are quotations of the content of written documents, but some consist only of paraphrases of both oral statements and of written documents.

      For some quotations, especially nested-quotations the translation uses various formats, beginning either with a comma or an apostrophe, ending with an apostrophe, and, in my copy, some back-slashes.

      This mixture can be confusing to some readers, and Knox and Sollecito are seasoned veterans of exploiting such translational losses. That is a major factor in their continuing obstruction of justice: using chronic obfuscation.

      He said, “She yelled, ‘I’m going to kill you.’ “


      This quotation-format has been substituted in this post where it seems appropriate. It is hoped that when this format is used only to indicate editorial irony it will be self-evident.

      John Follain and Will Savive also make a number of relevant references, and so do some Wiki articles whose authors are too modest to identify themselves though ‘Underhill’ has been mentioned as a co-ordinator.






      Of course, the members of the Florence Appellate Court have access-to, have probably already read, thousands of pages of evidence, including the actual verbatim witness-transcripts, and that Court will make up its own mind independent of what is written elsewhere.

      Here are some of the Massei ‘door’ instances - this is a selection of a relevant 6 out of a grand total of 192 instances:

      Massei Page 28: [Amanda Knox and Raffaele Sollecito – said that they were waiting for the carabinieri whom they had called since “coming back to the cottage in the morning because they had been away for the night” and finding “the entrance [15] door open and then the window broken” (see declarations by Battistelli, hearing of February 7, 2009, page 64).]


      Access to the Court Records would help us better-understand this passage, but Follain (Page 67, Kindle location 939), indicates that Battistelli is actually quoting Sollecito, substituting ‘they’ for ‘we’, so it seems that Sollecito was already obfuscating the facts, encouraging the inference that their shocking observations began only when both he and Knox arrived together and discovered together both the open apartment entrance-door, and from inside Filomena’s room, the broken-window, so we are all being steered away, by Sollecito, from the true answer to our question.

      Massei Pages 29-30: [Around midday(Nov, 2nd, 2007), at ten past twelve, when they had not yet arrived at the car park of the Fair, and she(Filomena) was in the car with her friend Paola Grande, she received a phone call: it was Amanda letting her know that there was something strange. She had arrived and had found the door open: she had had a shower and it had seemed to her that there was some blood; moreover she said that she was going [17] to Raffaele’s place (declarations of Romanelli page 31, hearing of February 7, 2009).
      To her (Filomena’s) question about where Meredith was, she had answered that she did not know.]


      Filomena had apparently not been told by Knox, in this 1st phone-call, about the broken pane, the stone, and the bedroom-disarray, as if Knox was not yet aware of these stunning facts. The obfuscation continues.

      Massei Page 30: [Marco Zaroli, who was without a car because Ms. Romanelli had taken it, had called his friend Luca Altieri and they had gone together to the house in Via della Pergola, where they arrived around 1:00 pm, at almost the same time as Filomena Romanelli and Paola Grande. In the house there were the also the two present accused and – as we have seen – Inspector Battistelli and Assistant Marzi. The presence of the latter two was linked by Ms. Romanelli to what Amanda had told her about the open door, the broken pane, her own room in a mess.]


      When Knox first told Ms. Romanelli about her visit, she had omitted reference to Laura’s and Filomena’s doors, whether they were open, whether they were openable, whether Knox opened them, and whether Knox looked inside and saw the broken pane, the stone, and the bedroom-disarray. It is implausible that Knox tried only Meredith’s door and not the others.

      It is also implausible that Knox even took a shower at the women’s apartment, colder as it was than Sollecito’s. Amy Frost testified that hours after the body was discovered Amanda Knox told her that she never took the shower, because when she noticed the blood that had stopped her from showering.

      The Postal Police commented that Knox also emanated an unpleasant, ‘post-shower’ odour, inconsistent with Amanda having recently had a shower anywhere, implying Knox was lying about taking the shower.

      Knox is steering Ms. Romanelli away from these crucial facts which logically demanded that their ‘discoverer’ flee (again), and call the Police. Knox is obfuscating by selective piece-meal feeding-of-the-facts to Filomena.

      Massei Page 38: [On the day of November 2, 2007 at police headquarters, Amanda was also there and she said that that night she had been with her boyfriend Raffaele and that the next morning at around 11:00 am she had gone back home to get changed. She had found the entrance door open and this seemed strange to her: she had gone into the house and into her room and she had taken a shower and had seen drops of blood.

      She said that after the shower she got dressed and noticed that Meredith’s door was locked. She went into the other bathroom and said that there were faeces in the toilet. Then she went into another room and noticed that the window had been broken and that there was glass inside. She told these things to her and the other girls present. Then she related that she had gone back to Raffaele’s house and had rung Filomena. She remembered that on that occasion at police headquarters Raffaele was very calm, silent.]




      When Knox first called Filomena, Knox had omitted any mention of the most significant information - the (staged) break-in, as if she had not ‘noticed’ it.

      Now, later, paraphrasing, Massei states: “Then she went into another room and noticed that the window had been broken and that there was glass inside.”

      Had Massei not paraphrased, but had written “Then I went into Filomena’s room and ‘noticed’ that her window had been broken and that there was glass inside.”, we could use it as BRD evidence.

      The actual, verbatim quote should be among the many thousands of Court Records relied upon by Massei; Nencini’s Court should use such Record in reaching its decision.

      Massei Page 65: [Upon returning home, she [Amanda] noticed that the door was wide open. She thought someone had gone to take the trash out or gone to the floor below, closing the door behind them but not locking it. She asked loudly whether anyone was at home, but no one answered. The door to Meredith’s room was closed, and this meant she was sleeping. She undressed in her own room and took a shower in the bathroom, (the one) nearest to (both) her room and to Meredith’s.

      When she got out of the shower, she realised that on the little bath mat where she had placed her feet, there was blood and also, there were drops of blood on the sink and the faucet. She left the bathroom and went to get dressed in her own room. Then, she went in the other bathroom to dry her hair, where there was a blow dryer. It was at this time that she noticed feces in the toilet, which surprised her. She then took the mop and returned to Raffaele’s home, locking the door (on the way out.)

      She told Raffaele what she had seen and he suggested that she call one of her friends. She then called Filomena Romanelli, who said that she had been out with her boyfriend and that Laura Mezzetti was also away, in Rome with her family. She then realised that the only one to have spent the night in Via della Pergola was Meredith, about whom, however, nothing was known. Filomena seemed worried, so Amanda (Page 66) told her that she would call Meredith, who would then call her back.

      She then called the two cellphones that Meredith had, but without getting any response (from her). She then returned home, this time with [55] Raffaele. Upon returning home, she opened the door to Filomena Romanelli’s room and saw that the window was open and completely broken: there was chaos, ‚but her computer was in its place on the desk.‛ Convinced that there had been a burglary, she went into the other rooms: Laura’s room was in order, and nothing was missing from her own room.

      However, Meredith’s door was closed. She began to knock and to call out, without receiving any answer. She was then seized with panic and went on the balcony to see if she was able to see anything, but she couldn’t see anything. She went down to the apartment below to ask someone, but no one was there. She therefore went back inside and Raffaele said that he wanted to try to break down the door of Meredith’s room, but he wasn’t able to. It was then that they decided to call the police, which is what Raffaele did. She let Filomena know about this, asking her to come home.]

      Now, only after returning “home, this time with [55] Raffaele.” does Knox allege that she had then “opened the door to Filomena Romanelli’s room and saw that the window was open and completely broken: there was chaos, ‚but her computer was in its place on the desk.”

      Knox continues to obfuscate by selective piece-meal feeding-of-the-facts.

      Massei Page 66: [While they were waiting, two police officers arrived (at the scene) and she showed them all that she had seen. Then Filomena arrived with her boyfriend and two other friends, and they broke down the door of Meredith’s room.]

      True.  There are a number of other Massei references to Filomena’s door and room, but they are basically repetitive of information already in the above references.

      This seems to be enough for Nencini’s Court to reach its verdicts re Knox and Sollecito.


      [Below: the area from which Knox would have been looking at Filomena’s door]


      Friday, December 06, 2013

      After 6 Years Heavey Is Still Heedless Of His Errors Pointed Out Again & Again & Again

      Posted by pat az




      Overview of this post

      This post corrects an error-filled letter to President Obama and the Congress dated 16 May 2011.

      First, note that Michael Heavey has a considerable record of interventions that seriously mislead. Often corrected, he gravitates no closer to the truth.

      Prior misleading Heavey interventions in 2008

      During this year Heavey (then still a judge, though one who was merely elected - nothing compared to the rigorous process Italian judges must go through) sent three erroneous open letters (posted on the web and widely copied) to senior justice officials in Italy about the case.

      TJMK posted on the errors in December 2008.

      Prior misleading Heavey interventions in 2009

      By way of interviews in the media, Heavey continued his campaign. He has claimed that his motives really are noble: in effect, Knox could have been his own daughter, though his daughter has distanced herself from this campaign.

      Prior misleading Heavey interventions in 2010

      One of the 2008 letters to Italy was sent on official judicial letterhead, as if he was speaking for the State of Washington. In 2010 the Washington State Commission on Judicial Conduct disciplined Heavey although it was only for an illegal use of the official letterhead, not for wrong claims.

      The initial announcement was posted on here. The details of the charges were posted on here. The disciplinary penalty was posted on here.

      Prior misleading Heavey interventions in 2011

      In April 2011, one month prior to his misleading letter,  Heavey was a droning presence on a panel before an audience of 35 at Seattle University. His familiar talking points were again repeated.

      It is cross-posted from my own website here.  Links to previous posts about Heavey on TJMK for the period 2008 to 2011 appear at the bottom of this post.

      The 16 May 2011 letter to President & Congress

      On May 16, 2011, Judge Heavey (now retired) apparently sent US President Barack Obama a letter regarding the Amanda Knox case. 

      This document was retrieved from the King5.com news site under a search result for “Amanda Knox.” The subject of Judge Heavey’s letter was ”Re: Failure of Rome Consular Officials to protect the rights of U.S. Citizen Amanda Knox.”

      The new Heavey letter was written on letterhead “From the chambers of Judge Michael Heavey.” The address given is his house address.






      The Judge charged that the State Department absolutely failed to look out for the rights of Amanda Knox. Nowhere in the letter does Judge Heavey actually address any of the evidence in the case.

      Ten times in his letter, he charges consular officials failed to take action when they should have.

      However, many of his points are false or misstate the events. In many instances, Judge Heavey is proven wrong by statements from Amanda Knox herself.

      This letter, full of errors, was carbon copied to Members of Congress AND the Secretary of State (at the time, Hillary Clinton).

      These mistakes would have known at the time Judge Heavey wrote his letter by using the interviews and documents available at that time.  This did not stop Judge Heavey from writing an error-laden letter to the President and Congress. These errors are detailed below.

      Additional signatories to the letter (on letterhead from “from the chambers of Judge Michael Heavey”) include Friends of Amanda representative Thomas L. Wright, and author of “The Framing of Amanda Knox” Dr. Mark C. Waterrbury.






      Judge Heavey had been admonished for using court resources and stationary as a part of his advocacy in the Amanda Knox case, as well as his public speeches while he was a sitting judge. 

      The admonishment only covered the letters written to Italian court officials and prosecutors, using court stationary and court staff. The letter he apparently sent to Obama and congress was not included in the admonishment.

      The following is a point by point review and rebuttal of the by-now admonished Judge Heavey’s Letter to President Obama and Congress

      False brutal interrogation claims

      The letter opens up with a summary of the argument- that this case was a prosecutor’s vendetta against Amanda Knox, and that her rights were violated, and Consular officials did nothing. The letter is arranged as a series of points, which are discussed below.

      Judge Heavey writes: “Amanda Knox was arrested for the murder of her roommate after an all-night interrogation [...]. The Perugian Police denied her food and water, cuffed her on the back of the head, and, most importantly, prevented her from sleeping.”

      However, Amanda Knox was not the one called into the station. Raffaele was; and they went right after having dinner!

      A UK based paper had published the day before an article with quotes from Raffaele. Raffaele said he and Amanda went to a party on the night of the murder. Police were likely calling in Raffaele due to the conflicting stories.

      Amanda’s “interrogation” didn’t start until at least 11pm. Police have testified she was offered food and water. She went to sleep after signing her second statement, at 5:45 am. There was a break between signing her first statement at 1:45 am and signing her second statement (after being warned by Dr Mignini to say nothing further without a lawyer) at 5:45 am.

      Here is Amanda Knox:

      “Around 10:30pm or 11pm Raffaele and I arrived at the police station after eating dinner at the apartment of one of Raffaele’s friends. It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times.” -Amanda Knox, letter to lawyers, 9 Nov 2007

      “I signed my second “spontaneous declaration” at 5:45 AM [...]. I asked permissions to push two metal folding chairs together, balled myself into the fetal position, and passed out, spent. I probably didn’t sleep longer than an hour before doubt pricked me awake… ”  -Amanda Knox, Waiting to be Heard

      To this day, Raffaele Sollecito has not corroborated Amanda Knox’s alibi in court.

      False no-lawyer claim

      Judge Heavey writes: “When a witness becomes a suspect, the police are obligated to appoint a lawyer”

      Knox was not a suspect and the interview was merely a recap/summary session with someone who might have information as the defenses themselves agreed. Knox herself twice declined a lawyer before insisting on writing three statements out.

      Prosecutor Mignini was interviewed by CNN ten days before Judge Heavey wrote his letter. In the interview, Mignini describes the questioning of Amanda:

      “And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda” -

      Prosecutor Mignini, CNN interview, May 6 2011 (Ten days prior to Judge Heavey’s letter)

      Thus, it was known on national television in the US what the sequence of events was. This did not stop Judge Heavey from writing an error-laden letter to congress.

      False no-recording claim

      Judge Heavey writes: “Article 141 of the CCP requires that every interrogation of a person in custody (for any reason) must be fully recorded by audio or audiovisual means”

      However, Amanda Knox was not in custody during her questioning on Nov 5th & 6th. She was not a suspect, and this was not a suspect interview. She merely eagerly listed seven names. She was only at the station because Raffaele was called:

      “It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times. ”

      -Amanda Knox, Letter to Lawyers, 8 Nov 2007

      False no-interpreter claim

      Judge Heavey writes: “Amanda spoke little Italian, yet was not allowed to have an interpreter to assist her with understanding the questions put to her, the charges against her, or anything else.”

      Two sources refute Judge Heavey’s point- official court records of the questioning, and Amanda Knox’s own statement on trial and in her book:

      From Court documents

      “…assisted by the English-speaking interpreter Anna Donnino” -Signed 1:45 AM statement.

      “….assisted by the English-speaking interpreter Anna Donnino” -Signed 5:45 AM statement.

      And from Amanda Knox:

      November 2nd: “…they brought in an english-speaking detective for hours two through six.”  -Waiting to be Heard

      November 4th: “AK: So, it seems to me that Laura and Filomena were there, but they had arrived with other people, while I was in the car with the police and an interpreter, that’s it.” -Trial Testimony

      November 5th/6th: “The interpreter, a woman in her forties, arrived at about 12:30 A.M.” -Waiting to be heard

      False vengeful prosecutor claim

      Judge Heavey simply engages in a character assassination of Prosecutor Mignini:

      “[...] Mignini was well known in Italy for a bizarre theory [...] under investigation for abuse of office [...] previously driven American journalist, Douglas Preston out of Italy[...]“

      Judge Heavey, Dr. Waterbury, and FOA representative Thomas Wright conclude point five with:

      ”Consular officials knew Mr. Mignini was prosecuting Amanda Knox. They knew he had been charged with abusing his office. They knew of the bizarre theory that he pursued, from which the charges arose. They also knew he was under tremendous pressure to achieve some vindication to save face. Why did consular officials do nothing?”

      The trumped-up charges against Prosecutor Mignini pursued by a rogue prosecutor ad rogue judge in Florence were overturned by the Florence appeal court and sacthingly roasted by the Supreme Court. Dr Mignini (now Deputy Attorney General for Umbria) was under no pressure at all. See this post here.

      False satanic myth claim

      Heavey and others raise the satanic ritual myth quoting Prosecutor Mignini as stating at the October preliminary hearing, “the crime was a sexual and sacrificial ritual in accordance with the rites of Halloween.”

      The ONLY source for this quote is a defense lawyer for Sollecito who made it up. Judge Heavey then turns around and uses this metaphor himself:

      “these and other statements should have shouted to consular officials that Amanda was a defendant in what had become a witch trial, being prosecuted by a delusional prosecutor. Why did consular officials do nothing?”

      False US Embassy claim

      Despite Heavey’s claims, US consular officials WERE monitoring the case, as revealed in FOI-released documents requested by journalist Andrea Vogt. She released these documents in a May 2013 post on her website.

      This is clear: consular officials regularly visited Knox and tracked case developments. The following diplomats’ names appear on the cables: Ambassador Ronald Spogli, Deputy Chief   Elizabeth Dibble and Ambassador David Thorne, U.S. Embassy Rome.







      The US Embassy cables that were released were dated: Nov, 07; Dec 08; Feb 09; May 09; Aug 09; Nov 09; Dec 09. No other documents were released.

      Consular staff visited Amanda Knox on November 12 2007, and noted her lawyers had already visited with Knox.  The charges against Amanda Knox as stated by the US Embassy were:

        * Participation in Voluntary Manslaughter with aggravating circumstances of cruelty
        * Participation in sexual assault
        * Simulated robbery
        * Slander
        * Possession of weapons
        * Aggravated theft.


      Sunday, November 10, 2013

      The Crime-Scene Clean-Up: How Rudy Guede’s Diary Provides Even More Proof That It Happened

      Posted by pat az





      This post is crossposted from my own place. Here is one of my previous crime scene analyses on TJMK.

      Rudy Guede was ultimately declared convicted by the Supreme Court in 2010 of participating in the 2007 murder of Meredith Kercher.

      The prosecution claims the two other participants are Amanda Knox and Raffaele Sollecito. Knox and Sollecito are currently appealing their conviction of the same crime.

      The case against the three of them involves a suspected clean up of the hallway in the apartment after the crime. Meredith’s blood was found in the bathroom, and half a footprint in her blood was found on the bathroom mat. However, there was no visible blood between Meredith’s bedroom and the bathroom.

      The only visible blood in the hallway were faint partial shoe prints that led directly out the front door of the apartment.

      After the murder was discovered, the media reported almost daily on developments in the case. The day of the murder, the press reported on the blood found in the bathroom and the bedroom.

      But until police used luminol at the apartment on December 18th, the media didn’t report on any significant blood found in the hallway.  Between November 2nd and December 18th, only one person stated that significant amounts of blood had been in the hallway.

      Rudy Guede.

      Rudy Guede actually wrote about it in his diary between Nov 20th and Dec 6th, after being captured in Germany.






      The police arrived at the apartment on November 2nd. According to media reports, the blood they spotted immediately was only in the bathroom and Meredith’s bedroom.  When the scene was more closely examined, after the discovery of the body, police found visible blood patterns on the floor left by Guede’s left shoe as he left the apartment.

      None of the people who arrived in the apartment on the afternoon of November 2nd reported seeing them; these footprints are not in any of the stories of the events of Nov 2nd told by Amanda Knox nor Raffaele Sollecito. So, while these prints were visible, they were not substantially obvious.

      On December 18th 2007 investigators applied Luminol in the hallway and other bedrooms. This forensic chemical is used to detect blood which has been cleaned away. The Luminol revealed several footprints in the hallway between the bedrooms of Knox and Meredith. Example below. Some of these footprints were leading towards Meredith’s door.



      They also discovered prints in Filomena’s room which contained Meredith’s DNA and Amanda Knox’s DNA. They also revealed a footprint in Amanda Knox’s bedroom. (The defense unsuccessfully contested the investigator’s conclusions that these prints were made with blood).

      On November 19 2007, an international arrest warrant was issued for Rudy Guede. He was arrested in Germany on November 20th. Guede remained in Germany until his extradition on December 3rd.

      During his stay in jail in Germany, Guede wrote a long statement that was published and translated. Guede’s writings are similar to to Knox’s jail writings in many ways - they both try to write out their own detailed version of events, while pointing blame elsewhere. 

      But Guede’s comments may in fact be confirmation of a clean-up after the murder of Meredith Kercher (emphasis added):

      I am asking myself how is it possible that Amanda could have slept in all that mess, and took a shower with all that blood in the bathroom and corridor? (Guede, Germany Diary, P21)

      The police did not find evidence of any other blood until December 18th, AFTER Guede returned from Germany. As indicated above, the luminol revealed multiple footprints in the hallway, in Knox’s bedroom, and in Filomena’s bedroom. The image below shows these results in blue. Guede’s partial footprints are shown in red.






      The conclusion is inescapable: Guede knew there would be significant evidence of blood in the hallway, before the police themselves found that evidence.

      How did Guede know there would be more blood found in the hallway, before the police found that evidence on December 18th? And why wasn’t that blood there on the morning of November 2nd?

      The courts believe the blood in the hallway was cleaned after the murder of Meredith Kercher. And the Micheli and Massei courts believed only one person had the motivation to hide this evidence: Amanda Knox.

      Here is a summary of Judge Micheli’s October 2008 indictment finding.

      In Judge Massei’s December 2009 trial finding for the original conviction of Knox and Sollecito, he also writes about the clean-up that the judges believed to have happened:

      Further confirmation is constituted by the fact that, after Meredith’s murder, it is clear that some traces were definitely eliminated, a cleaning activity was certainly carried out. In fact, the bare foot which, stained with blood, left its footprint on the sky-blue mat in the bathroom, could only have reached that mat by taking steps which should have left other footprints on the floor, also marked out in blood just like (in fact, most likely, with even more [blood], since they were created before the footprint printed on the mat) the one found on the mat itself. Of such other very visible footprints of a bloody bare foot, on the contrary, there is no trace. (Massei, Dec 09; PMF translation)

      In defense of Guede, Knox, and Sollecito, some might try to claim that Guede heard about blood in the hallway in the news. Rudy Guede was arrested 18 days following the murder of Meredith Kercher. During that time he had access to read the news and watch reports.

      I have searched for articles in the period between November 2nd and December 18 which mention blood. All of the articles I have found so far discuss blood in the bedroom or the bathroom. One or two discuss footprints leading to the front door.

      None of them discuss blood in the hallway that would justify a statement from Guede of “tutto quel sangue nel bagno e sul corridoghe” (all that blood in the bathroom and in the corridor)

      Guede himself said he went between the bedroom and the bathroom, so may have tracked blood into the bathroom and therefore known blood would be found in the hallway.

      Even that knowledge however confirms a clean-up, as there was not a trail of blood between the bathroom and Meredith’s room that justifies the footprint on the bathmat and blood found in the bathroom.

      I have my own questions as a result of Guede’s knowledge of blood in the hallway:

      Could the attack have started in the hallway? Could the first blood shed have been on the hallway tiles?

      The prosecution and courts argue that Amanda Knox had a role in the attack and murder. Knox and her supporters are very adamant that there is no trace of Knox in Meredith’s bedroom. While the courts argue otherwise, could Knox’s role have been limited to the hallway?

      Sadly, we may never know the full truth of what happened on the evening of November 1st, 2007.

      My timeline of media reports on blood

      • Nov 2nd: Meredith Kercher found. Blood found in bathroom.
      • Nov 5th: Police analyzing traces of blood from apartment below.
      • Nov 5th:  A “trail of blood” is on the inside handle of the door to the apartment.
      • Nov 7th: reports of Amanda Knox’s statements, includes finding blood in the bathroom.
      • Nov 14th: Police use of Luminol at Sollectio’s house. First reports on the knife seized by police from Sollecito’s house.
      • Nov 19th: Analysis of blood in bedroom (pillow, bra, etc).
      • Nov 22nd: Guede’s prints in blood.
      • Nov 27th: Amanda Knox’s blood on bathroom tap.
      • Nov 28th: Blood in bathroom.
      • Dec 5th: Reports of Guede’s letter to father: “there was so much blood”.

      My timeline of main events involving Guede

      • Nov 2nd, 2am – 4:30 am: Guede seen by witnesses at Domus nightclub.
      • Nov 3: Guede leaves Perugia for Germany
      • Nov 11: Guede’s cell phone tracked in Milan (Corriere)
      • Nov 12: Newspaper reports a 4th suspect.
      • Nov 19: Guede identified as suspect in newspapers
      • Nov 19: Guede skype conversation with friend.
      • Nov 20: Patrick released from prison.
      • Nov 20: Guede arrested while trying to return to italy on train in Germany.
      • Nov 21: Guede interrogated by German police; Guede admits to being at apartment, blames an italian man for murder.
      • Nov 20-Dec 5: Guede writes diary in German prison.
      • Dec 3:  Germany grants Guede’s extradition back to Italy.
      • Dec 6: Guede returns to Perugia.
      • Dec 7: Guede interrogated by Magistrate.
      • Dec 14: Guede ordered to remain in prison.
      • Dec 17: Knox is questioned by Mignini.
      • Dec 18: Police use luminol in apartment and find footprints in hallway and in Filomena’s bedroom.

      Tuesday, October 08, 2013

      Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?

      Posted by Marcello




      1. Problems Of Your “Guede did it alone” Mantra

      Your attempts to frame Guede for the entire attack sound racist, and they fly in the face of a multitude of hard facts.

      Why are you and your more untethered supporters arguing to the media that Rudy Guede alone attacked Meredith (he could not have), that he was a drifter (he wasnt), a burglar (he wasnt), and drug dealer (he wasnt), and that his DNA traces are “all over Meredith’s room” (they werent)?

      There are surprisingly few DNA traces of Guede in there, and outside Meredith’s door there is only evidence of (1) his prior use of the south bathroom, and (2) his shoeprints headed straight for the front door.

      There is zero evidence that Rudy Guede was ever in the shared bathroom (the one with Sollectio’s bloody footprint on the bathmat) and zero evidence he was in Filomena’s room (the one with the broken window and the mixed DNA of Meredith and Knox). 

      2. Evidence Against You Is Far, Far Stronger

      Explain if you can about Sollecito’s bloody footprint. Explain if you can about the evidence of cleanup. Explain this and this about your multiple contradictory alibis.

      Explain if you can why YOUR own witnesses Alessi and Aviello were such disasters for your side in court. Explain your cell phone actions (or non-actions) and the timing and content of your phone calls, and your computer actions (or non actions).

      Explain why in Sollecito’s book he claims he sent several emails throughout the night; but there zero records of such emails with his email provider. Explain why both Sollecito and Knox framed Dr Mignini.

      There are three compelling reasons above all why the Massei court and the Supreme Court will remain totally unbending on the point that Guede did NOT attack Meredith alone, and that it had to be a pack attack on Meredith.

      • One is the full day of closed court testimony at trial by crime-scene experts from Rome who accounted for every point of evidence in Meredith’s room with a depiction of a 15 minute pack attack involving three people. This seriously upset the jury and your own defense was left essentially speechless.

      • One is the prosecution’s video shown in closed court during Summations of the recreation of the attack on Meredith, which accounted for every point of evidence with a 15 minute pack attack involving three people.  This seriously upset the jury and your own defense was left essentially speechless
      • .
      • One is that the entry of an attacker via Filomena’s room is so absolutely unbelievable. Your own defense always knew this, and barely tried to make that sale (hence the witnesses Alessi and Aviello).

      There are seven other routes for a burglar to enter the house, all of them faster and quieter and five of them darker. You can see five in these images below: two via the east windows, three up onto the balcony and into the house via the louvre door or the kitchen window.

      All seven routes would be obvious to any burglar, long before he walked all the way around the base of the house to beneath Filomena’s window (which he did several times in your scenario). 

      3. The Numerous Questions From Which You Hide

      On or after 6 November you have both promised to appear in the appeal court in Florence. You are apparently too nervous to face cross-examination under oath, but you have said you intend to try to explain things.

        1) Rudy Guede had been to the apartment at least twice already on prior occasions and knew the boys who lived in the lower story. Why did Guede choose to NOT break-in to the lower story where he knew (or could ascertain) that all four boys were away on holiday, and therefore could break-in and rummage with some certainty of not getting caught?

        2) Why did Guede choose to break-in to the upper story of the villa when he surely knew Knox and Kercher would be staying at the villa for the holidays and could have returned at any time to “catch him in-the-act”?

        3) Why did Guede not check the cottage to make sure no one was there before attempting the break-in? Surely he would have verified that no one was present by circling the cottage and checking if any lights were on in the windows.

        4) If Guede did circle the cottage to make sure no one was there before attempting the break-in, why would he then choose the most visible and more difficult path of entry through a second story window, as opposed to the more hidden and easier path of break-in at the back of the villa, which he would have noticed while circling the villa?

        5) Why would Guede choose to break-in through a second story window that was highly exposed to the headlights of passing cars on the street as well as exposed to night lighting from the carpark?

        6) Ms. Romanelli testified that she had nearly closed the exterior shutters. Assuming her memory is correct, there is no way a burglar could easily verify if the windows were latched and if the inner scuri were latched to the window panes, which would make access to the window latch impractical unless one was armed with a core drill or an ax. Why would Guede, who was certainly familiar with such windows, choose to attempt the break-in through a window that he could not easily verify would allow him quick access?

        7) Assuming the shutters were closed, Guede would have to climb up the wall and open the shutters before smashing the window with the rock. The night of the murder, the grass was wet from rain the previous day. Why was there no evidence of disturbed grass or mud on the walls?

        8) Guede had Nike sneakers, not rock climbing shoes. How did he manage the climb up the wall with that type of footwear?

        9) If the shutters were closed, or somewhat closed, how did Guede manage to lift himself up to the sill with only an inch of sill available to grab onto?

        10) Assuming Guede opened the shutters, how did Guede verify if the inner scuri where not latched to the window panes, which would prevent access to the window latch? There was no light inside Ms. Romanelli’s room to reveal that the scuri were ajar.

        11) Assuming Guede managed to check that the inner scuro behind the right-hand window was not latched, how did he manage to break the glass with a 9 lb rock with one hand while hanging on to the sill with the other?

        12) Assuming Guede managed check that the right-hand inner scuro was not latched, how did he break the glass with the rock without having glass shards fly into his face?

        13) If Guede climbed down to the lob the 9 lb rock at the window from 3 meters below, how would he do so to avoid glass shards raining down on him?

        14) If Guede climbed down to the lob the rock at the window from below, why would he choose a 9 lb 20 cm wide rock to lob up to a window 3 meters above him, with little chance of striking the window in the correct fashion?

        15) If Guede climbed down again and climbed back up to the carpark (up a steep slope with slippery wet grass and weeds) to lob the 9 lb 20 cm wide rock from the car park, why is there no evidence of this second climb down on the walls?

        16) Why did Guede choose a 9 lb 20 cm wide rock to throw from the car park, given that a large, heavy rock would be difficult to lob with any precision? Especially considering that the width of the glass in the window pane is only 28 cm wide, surely anyone, experienced or not, would have chosen a smaller, lighter rock to throw with greater precision.

        17) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Guede would have been roughly 11-12 feet away from the window, in order for the lob to clear the wood railing at the carpark. If the rock was thrown with some velocity, why is the upper 1/2 of the glass in the window pane intact, without any fracture cracks at all?

        18) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Why is there so little damage to the scuro the rock hit, so little damage to the terrazzo flooring impacted by the rock, and so little damage to the rock itself, which surely would have fractured more on impact with a hard terrazzo floor?

        19) Why was there no evidence of glass shards found in the grass below the window?

        20) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window, how does he manage to hoist himself onto the sill without cutting himself on the glass that was found on the sill?

        21) If Guede climbed the wall to open the shutters, hoisted himself onto the sill, tapped the glass with a 9 lb rock to lightly break the glass in a manner more consistent with how the window was broken, why did he throw the rock into the room, rather than let it fall into the grass below?

        22) Why was no dirt, grass, muddy shoeprints or similar trace evidence found on the window sill?

        23) Why was no dirt, grass, muddy shoeprints or similar trace evidence found in Romanelli’s room?

        24) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window again, hoisted himself onto the sill without cutting himself on the glass that was found on the sill, unlatched the window and stepped inside Filomena’s room, how did he manage to get glass on top of Romanelli’s clothing that was found under the window sill?

        25) Why would Guede, who would have spent a good 10 minutes trying to break and enter with the climbing up and down from the carpark, waste valuable time throwing clothes from the closet? Why not simply open the closet doors and rifle through the clothes without creating more of mess?

        26) Why did he disregard Romanelli’s laptop, which was in plain view?

        27) Why did Guede check the closet before checking the drawers of the nightstand, where surely more valuable objects like jewelry would be found?

        28) Why were none of the other rooms disturbed during the break-in?

        29) Assuming Ms. Kercher arrived to the cottage after Guede’s break-in, presumably when Guede was in the bathroom, why did she not notice the break-in, call the police and run out of the cottage?

        30) Assuming Guede was in the bathroom when Ms. Kercher returned, why go to the extent of attacking Ms. Kercher in her room rather than try to sneak out the front door, or through the window he had just broken, to avoid if not identification, at least more serious criminal charges?

        31) Assuming Ms. Kercher was at the cottage while Guede broke-in, why did she not call the police the moment she heard the rock crash through the glass, loudly thud to the terrazzo floor and investigate what was happening in Romanelli’s room while Guede was climbing back down from the car park and climbing back up to the window?

        32) Assuming Ms. Kercher was at the cottage while Guede broke-in, Guede could have been on the sill already because he had tapped the glass with the 9 lb rock to break it. Therefore perhaps Guede was already partially inside Romanelli’s room when he was discovered by Ms. Kercher. In this case Guede follows Ms. Kercher to her room in an attempt to dissuade her from calling the police and the assault ensues. But then, if this scenario is correct, when does Guede have time to rifle through Romanelli’s clothing and effects?

        33) Why is there a luminol revealed footprint in Romanelli’s room that has mixed traces of Knox’s and Kercher’s DNA ?

        34) Why does this footprint not match Guede’s foot size?

        35) If multiple attackers were required to restain Ms. Kercher, holding her limbs while brandishing two knives and committing sexual violence, then who else was with Guede and why no traces of this 4th (or more) person(s) were found, either in shoeprints, footprints, fingerprints, DNA or otherwise?

        36) If Guede and others were involved in the assault, why has Guede not acknolwedged them, and instead consistently hinted that, and finally admitting that Sollecito and Knox were with him during the assault?

        37) If Guede and others were involved in the assault, why do the other shoeprints, footprints, DNA traces and fingerprints all point to Knox and Sollecito being present during the assault, in one way or another?


      4. Italy Is Not Buying The Racist Mantra

      If your racist mantra remains “the black guy did it alone” and “Italians are corrupt and stupid” you need to PROVE that. If you cannot answer all of these questions above, this will deservedly cook you.

      You could be facing 30 years with the “mitigating factors” canceled and the new penalties you will incur for your dishonest books and PR campaigns.


      [Five easier ways in: 3 via balcony (note two drainpipes, window grid below), 2 via side windows]










      Saturday, August 24, 2013

      Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems

      Posted by Peter Quennell



      [Above: Knox’s legal team with mom back when; even then it looked like they could use some sleep]

      Overview

      Meeting in Seattle, Amanda Knox’S lawyer urges her to be at the Florence appeal, but his suggestion falls on deaf ears.

      Here is a brief report from Italy.  Clearly her lead defense lawyer Ghirga (who normally handles only small-time crime) thinks the presence of Knox and her entourage coould humanize her and allow her to speak out and to guide him.

      But Knox has really been burning her bridges to Italy big-time. Let us list some of the ways in which they are now foolishly dug in so deep.

      Further Law-Breaking

      Since the end of trial in 2009 Amanda Knox’s entourage and she herself appear to have broken law after law after law, issuing new smears, harassing the victim’s family, having her book taken to court in Bergamo.

      In Florence, how does she talk about that?

      Evidence Could Strengthen

      The evidence in the case as presented at trial in 2009 remains rock solid to this day (the Massei outcome is the state of play) and if the large knife is retested, it could actually get way worse. Hundreds of open questions remain which Knox has strenuously avoided answering, either on the stand or in her book or on TV. 

      In Florence, how does she talk about that?

      Calunnias Of Justice Officials

      Every instance where Amanda Knox and any of her entourage alleged without hard proof that Italian police and prosecutors have committed crimes (and there have been literally hundreds of such accusations by Preston, Fischer, on and on, now all captured and preserved) could see any or all of them hauled into court with zero heads-up (ask Sforza).

      In Florence, how does she talk about that?

      Framing Of Dr Mignini

      In 2011 Knox was sentenced to three years (served) for the crime of framing Patrick Lumumba. So what does this slow learner do? Turn right around and commit the SAME crime in her nasty book, only this time she makes it worse. This time, she frames the chief prosecutor, in describing in detail a highly illegal interrogation that never took place.

      In Florence, how does she talk about that?

      Threat Of Conspiracists

      There are perhaps 40 felony allegations against police and prosecution in Sollecito’s blood-money book and maybe another 20 in Knox’s own. Each of them will be put on trial separately for those claims and either one of them or both in desperation could take down all the writers, all the agents, all the publishers, all the wild-eyed conspiracists who helped write the books, and all those who made the illegal multi-million dollar deals, including their own two dads.

      In Florence, how does she talk about that?

      Threat Of Frank Sforza On Trial

      The contempt of court trial of Frank Sforza is about to start. He is desperate to stay out of jail, and all of his alleged felonies since 2008 in contempt of the court could put him there for up to ten years. Consider the list of precisely who in Italy and the US Frank Sforza might take down, to try to give himself something of a break. This list is nothing if not long (see next post).

      In Florence, how does she talk about that?

      Threat Of Hellmann And Aviello

      Witness Luciano Aviello is now on trial and as this post explained Aviello could take down all of the defense lawyers (for illegal dealing over the “right” judge), all of the Sollecitos, if they offered bribes, and both of the judges, Hellmann and Zanetti, who presided over the annulled appeal.

      In Florence, how does she talk about that?

      Conclusion

      Nobody with any sense flouts the Supreme Court, or the extremely important, powerful court in Florence, which has sent down some of the toughest perps in the land.

      Both courts and both prosecution teams are well-know in Italy for being cold and relentless in their search for the truth. None of the four lead lawyers for Sollecito and Knox has ever won even one case either in Florence or before the Supreme Court.

      This might well be a trial balloon, to see how the Florence prosecutors and courts react. An arrest warrant, maybe? As we have seen lately, they act fast, and suddenly at any time.


      Thursday, August 15, 2013

      Expected Calunnia And Diffamazione Trials Could Reverse Another Attempt To Take Justice Down A Peg

      Posted by The TJMK Main Posters



      [Above: Florence’s Chief Prosecutor Dr Quattrocchi now prosecuting defense witness Aviello]

      Stance of the Supreme Court

      Criminal enterprise?! Don’t take our word for it. That is what the Italian Supreme Court considers it may be, and is prompting strong measures normally held in reserve for mafia-type assaults on the justice system.

      The Italian Supreme Court is nothing if not remorseless in its mandated pursuit of justice and the truth. We saw this the other day when a prison sentence was allowed to stand against the former Prime Minister Silvio Berlusconi who had long thumbed his nose at the courts.

      We also saw it in the convictions allowed to stand against the many CIA operatives and their Italian counterparts who kidnapped Abu Omar and flew him for torture to Egypt.  Though most of their sentences were permitted to be reduced, most are still left with a felony record for life - and the lead CIA operative is now a world-wide fugitive.

      We can now see this same strong reaction against contempt of the courts in the Meredith Kercher case and the Monster of Florence case and the hairbrained “defense” campaigns nominally run for the perps in those two parallel cases.

      Italian officials have various reasons to believe not only that Raffaele Sollecito and Amanda Knox are surely guilty, just as Judge Massei described, but also that they and their American supporters are foolish pawns in some much bigger and even nastier games, and deeply in over their heads.

      In its annullment of the Hellmann/Zanetti appeal and its instructions to the Florence Palace of Justice, Cassation reveals its own suspicion that some very unsavory elements may be attempting to take the Italian justice system down a peg and it wants fast decisive action to stop this. A high-stakes new trial described at bottom here is a first huge warning shot. 

      The “usual suspects” with anti-justice interests

      As we explained three months ago in this post the “usual suspects” pretty openly working to take Italian prosecutors and police down a peg or two can be bunched into these seven groups. 

      • The three regional mafias;
      • A few defense lawyers and well-funded defendants;
      • Politicians shielding corruption;
      • In some instances the freemasons.
      • Those wanting investigations like MOF/Narducci to drop dead;
      • Muckraking magazines like Oggi;
      • Some anti-Italy foreigners.

      If we look closely - a lot closer than all the UK and US media and most of the Italian media - we can spot attempts to further the interests of all seven of these groups in the campaigns against justice for Meredith and especially against justice for the Monster of Florence victims.

      • The three mafias have their toe in the door in various ways including but not only the mafioso witness Luciano Aviello (on which more below), and the Narducci 22 including Spezi, and the editors of newspapers like Oggi who have long done their handiwork for them.

      • The defense forces and the well-funded, sneering, money-grubbing defendants Knox and Sollecito are very well-known to us here; their myriad dirty tricks go as far back as early 2008 and the list has not yet stopped growing.

      • The Berlusconi loyalist and fervid Knoxaholic Rocco Girlanda wrote to the President, asking that he order that the Perugia prosecutors be investigated; Girlanda also tried to cut the national police budget before he was voted out of office..

      • Both the judges in the annuled appeal were freemasons and our main poster Yummi described the furtive freemason fingers in the pie (some freemasons feud strongly with catholics, which Perugia police and prosecutors are) in his well-researched posts here and here.

      • Those who wanted the MOF/Narducci investigations to drop dead used the ever-willing “useful idiot” Doug Preston to ridicule the investigations in a strident book and numerous media appearances; also they tried hard to take down Dr Mignini, their most recent nemesis though the Supreme Court has totally reversed that for reasons explained here.

      • The notorious editor of Oggi has a long history of sneering and essentially fact-free reporting, aimed at undermining the courts and the police; playing to his advantage, there is a smallish but terminally paranoid readership for such conspiracy myths in Italy.

      • And as for anti-Italy foreigners with their fingers in the pie, well, where to begin? Doug Preston? Nina Burleigh? Candace Dempsey? Greg Hampikian? Paul Ciolino? Judy Bachrach? Bruce Fischer? David Anderson? Joel Simon? Donald Trump?

      All seven groups were happily on a roll up to around the end of 2011, when Knox and Sollecito were released, and many (including Curt Knox’s PR guru David Marriott, Hampikian, and Fischer) prematurely declared that they had won total victory.

      But it is astounding how much matters have reversed in the past year and a half. Take a look at the state of play for them as it is now.

      Their reversals in Meredith’s case:

      Knox has served three years, will be labeled a felon for life, faces an enormously tough new appeal against an excellent prosecutor, and has her name on a book which commits against Italian officials THE EXACT SAME CRIME she served three years for: false accusations of crimes. She is expected to be charged soon by Bergamo prosectors.

      Sollecito in his own book committed some of the same crimes as Knox did in hers (did we mention criminal enterprise?!) plus another one (accusing the prosecution of wanting him to roll over on Amanda) which his own father has renounced on national TV. He is expected to be charged soon by Florence prosecutors.

      Everybody involved in the writing and publishing of the two criminally defamatory and very self-serving blood-money books (illegal in Italy) could soon be about to take a fall, both in the Italian criminal courts and in the US civil courts. The foolish publishers and deal-makers included, of which Curt Knox himself is one.

      If neither RS nor AK turn up for the new appeal in Florence later in September, they risk warrants being issued for their re-arrest. If they DO turn up they could well turn on one another, and their books will help the prosecution and hamper the defenses no-end - with those mad claims, how can they possibly take the witness stand?

      Criminal defamation charges are still pending against Amanda Knox and against both of her two biological parents. Corruption charges are pending against Francesco Sollecito and Raffaele’s sister Vanessa for attempting to use political means to up-end the Perugia prosecutors.

      Judge Hellmann has been eased out ignominiously, and Judge Zanetti demoted. Conceivably both may face charges, along with Conti & Vecchiotti and maybe Hampikian. And all the defense lawyers are in a ton of trouble for helping AK and RS to write their books, Giulia Bongiorno especially. The former MP Rocco Girlanda is of course long gone. 

      Many of the Knox defense forces have exited or ended up as being of no consequence: Frank Sforza (on the run from the law in the US and Italy); Halkidis and Hampikian (see Machine’‘s posts below), the hapless two Moores, the proven phoney Bruce Fischer, and so on and on. 

      And US officialdom, not least the State Department and the US Embassy in Rome, still show not the slightest interest in intervening. Any judge is expected to approve extradition of Knox if her refusal to face trial and prison is sustained in face of a final guilty verdict. 

      Their reversals in the Monster of Florence case.

      Yummi mentioned some in the post linked to above, including the trouble rained down on the heads of the prosecutor and judge who put on trial Giuttari and Mignin, whose convictions were scathingly reversed by a very angry Supreme Court. 

      The Narducci case was put back on track by the Supreme Court and a prison sentence seems a sure thing for Mario Spezi and up to 2 dozen others. A prison sentence might be incurred by the delusional weakling and serial defamer Doug Preston.

      The “theory” of the MOF case Dr Mignini has good reason to hold is that the murders were not those of one single serial killer. This perception of a shadowy self-protecting group is absolutely mainstream in Italy, and is reflected in the excellent Guittari book on the case (Il Mostro) which could soon with good reason (it tells the truth) push the silly Preston MOF book off the US and UK bookshelves.

      That theory is espoused by all the current prosecutors in Florence.

      The one media outlet which never fails to take an anti-prosecution stance, Oggi, Is being investigated and could be put on trial for publishing Knox’s false charges against the Perugia and national police and prosecutors and may have problems hanging in there.

      Dr Mignini looks set to be promoted to becoming the next attorney general of Umbria, the region of which Perugia is the capital. And the hold of the freemasons and the mafias over Italian justice is not getting any stronger, just as most Italians prefer.

      And the stick of dynamite now in a Florence court

      Former Sollecito witness Luciano Aviello could be the direct cause of a lot of people ending up in jail.

      His trial for perjury and contempt of court is happening now in Florence. His trial has been fast-forwarded as a direct result of the Supreme Court declaring that getting to the bottom of his erratic day in court in 2011 with too-familiar mafia-type allegations must be a top priority.  His forthcoming defense is expected to be explosive.

      We have posted extensively on Aviello since he first surfaced. A mafioso since his teens in Naples, now aged about 40, he has spent most of his adult years in prison. (He is back there again right now - for killing a dog and extortion.)

      As police and prosecutors all know, Aviello has a very long record of making things up to try to give himself some breaks and to keep in with the mafia. He has been repeatedly convicted for perjury.

      He was the witness summoned by a hapless Giulia Bongiorno to try to arrive at an explanation that fits with the prevailing conclusion of the Supreme Court that THREE people had attacked Meredith on the night.

      What Aviello came up with on the stand was that his own missing brother and one other habitual criminal had unintentionally committed the murder. They were trying to steal some artworks, but they got the address of the house wrong.

      Raffaele Sollecito was so thrilled at this (palpably false) testimony by Aviello that he says in his book that he sent Aviello an embroidered handkerchief, perhaps because Aviello has urges toward a sex change operation.

      On the witness stand in mid 2011 Aviello really roasted the police and prosecution in mafia-type terms for failing to come down on his side and follow up on his allegations (actually they had already followed up, but found nothing).

      Then two fellow inmates at his prison near Genoa testified for the prosecution that he had told them that the Sollecitos had offered or paid large bribes for any false testimony helpful to their boy getting sprung.

      Extraordinarily, Judge Hellmann brushed all of this under the rug, and hurried on to other matters less embarrassing to the Sollecitos and Bongiorno.  This REALLY caught Cassation’s attention as there have been strong suspicions in Perugia and Rome that Hellmann and/or Zanetti were in the pocket of one of the families.

      Why did the unqualified Judge Hellmann replace the excellent Judge Chiari, suddenly and inexplicably decided upon by Chief Judge Di Nunzio? Why are seemingly all of the lead players bending things to the Knox-Sollecito side freemasons?

      Were Hellmann and Zanetti and Aviello and Aviello’s fellow inmates among those who received some sort of inducement to bend RS’s way? What was Giulia Bongiorno’s precise role in all this?

      Directly, Aviello could be in a position to bring down both families, both defense teams, and both appeal judges. He could even make a guilty verdict for RS and AK a sure thing.

      Criminal enterprise indeed. We will continue reporting. Oh and make sure to watch your back, Luciano. 


      Tuesday, July 23, 2013

      How The Clean-Up And The Locked Door Contribute To The Very Strong Case For Guilt

      Posted by James Raper





      On the 30th September the appeals of Amanda Knox and Raffele Sollecito against the convictions they received at the first instance trial will resume, this time in Florence.

      This follows the annulment by the Supreme Court of the acquittal verdicts rendered by the Appeal Court presided over by Judge Pratillo Hellmann. There is one conviction not under appeal. This is Knox’s conviction for calunnia, which is now definite.

      They are therefore both currently convicted of murder and sexual assault, and a number of lesser charges, amongst which there is the simulation of a burglary “to ensure impunity for themselves from the felonies of murder and sexual assault, attempting to attribute the responsibility for them to persons unknown who penetrated the apartment to this end“.

      There is one activity, for which there is evidence, with which they were not charged (perhaps either because it was redundant or not a criminal offence) though this was likewise to ensure impunity for themselves.

      This is the partial clean up at the cottage and it is this with which I intend to deal. I want to highlight salient observations which have been under discussion here and elsewhere and some of which may be well known to readers, but perhaps some not, or have been forgotten about. Once again, in many cases, I am merely a conduit for the observations of others, not least the first instance trial judge Giancarlo Massei.

      So let‘s consider the observations and in doing so we can also throw some more light on the lone wolf theory.

      1. Take a look at the bloody footprint

      This is, of course, the bloody footprint on the bathmat in the small bathroom right next to Meredith’s room. 





      The heel of the right foot, if it had blood on it, is missing from where it should be on the tiled floor. It is difficult to imagine, given that the imprint of the foot on the mat is contiguous with the edge of the mat, that there was not at least some blood on the remainder of the foot such that there must have been at least some blood deposited on the floor.

      Just as difficult to imagine that casual shuffling about on the bathmat would have removed the blood so as to render it “invisible” to the use of luminol.

      Of equal relevance is that there were no connecting bloody footprints.  Why not?

      The defences have an improbable theory -  that Guede, despite his homicidal rage, was smart enough to hop about on his left foot with a clean shoe on, and the other bare but covered in blood, and that having by this means entered the bathroom and washed his bloody right foot, disastrously leaving his (supposed) imprint there in the process, he then returned to Meredith’s bedroom inadvertently standing in blood with his left shoe and leaving with a trail of bloody left shoe prints -  in which case the exercise of washing his foot was entirely in vain, on two counts, after all that careful hopping around.

      Neither is it entirely clear why his right shoe came off in the first place.

      It is far more probable that the inevitable bloody prints were deliberately and carefully removed. The reason for doing this was not just to conceal who would have made them (the print on the bathmat was, after all, left in situ) but, from a visual perspective, to conceal any blood that might be noticeable and alarming to anyone approaching Meredith’s room. Guede’s bloody shoeprints in the corridor were visible but only on close inspection.

      2. Take a look at the bathroom door

      Specifically the internal (hinge) side of the bathroom door. Take a look at this photograph.





      We see a long streak of dried blood.  Clearly the blood has flowed some distance under the influence of gravity and we can see that it looks slightly diluted, with red corpuscles gathering towards the tip of the streak. A drip of that size does not appear from nowhere.

      Indeed it is difficult to imagine how the blood got there unless it was part of a larger area of blood which most likely was on the face of the door and which was swiped to the right and over the edge of the face of the door. The cloth or towel used to do this was wet accounting for the slight dilution and length of the streak.

      3. Take a look at Meredith’s door

      It is interesting, is it not, that there is blood on the inside but not on the outside? The outside:





      And the inside:





      It is difficult to see how and why Guede touched the inside handle with a bloody hand (was it shut and if so, why?) and then closed the door to lock it without leaving a trace on the outside face of the door. Possibly he might have changed hands. The answer might also be that he visited the bathroom to wash his hand as well as his foot, save that none of his DNA was recovered from the spots and streaks of diluted blood in the washbasin, whereas Knox’s DNA was. All the more surprising given that Guede shed his DNA in Meredith’s room.

      We see some blood on the edge of the door which again might be the remnant of a trace on the outside face.

      4.  Take a look at Amanda Knox’s lamp.

      This was found inside Meredith’s room behind the door. Meredith also had a similar lamp which was resting on it’s base on the floor by her bedside table.

      The presence and location of Knox’s lamp is obviously suspicious. Had Meredith borrowed Amanda’s lamp because her own was not working, then it would not have been in the position it was found but on or more likely knocked over and lying beside the bedside table since the violence appears to have been concentrated in that area of the room. 

      Had Meredith’s lamp been on the bedside table then likewise it too would most likely have been knocked over in her life and death struggle with her sole assailant (there are blood streaks on the wall just above) and it would not have ended up sitting upright on it’s base.

      Both lamps were probably used to check the floor of Meredith’s room after the event and Knox’s lamp was probably sitting upright until it was knocked over by the door being forced open.

      This is Meredith’s lamp by the bedside table.





      And this is Knox’s lamp by the foot of the bed.




      5. Take a look at what luminol revealed

      We can state with confidence that luminol (extremely sensitive to and typically used to identify blood that has been wiped or washed away) discovered :-

      (a) three bare footprint attributable to Knox, one in her bedroom and two in the corridor, and

      (b) two instances of the mixed DNA of Meredith and Knox, one in Filomena’s bedroom and one in the corridor.

      (c) a footprint attributed to Sollecito in the corridor.

      I have covered a number of elements strongly suggesting that there was at least a partial clean up, not of “invisible DNA” as the Groupies like to mock, but of what would have probably in some cases have been noticeable deposits of blood that would have attracted the eye of anyone entering the cottage and which would certainly have alarmed the observer as being difficult to explain.

      Spots of and footprints in blood, not just in the bathroom but outside it, a locked bedroom door with blood on it, and a bathroom door with blood on it’s face.

      We can include Knox as one such observer given her e-mail account of having allegedly stopped by the cottage to have a shower and collect some clothing before the discovery of the body. Such physical evidence - had it not been removed - would not have sat easy with that account, however dizzy and naïve Knox presents herself. One can envisage Knox thinking “sorted” - that her story would now work perfectly.

      Even so, there were elements that were overlooked, such as Knox’s blood on the washbasin faucet and blood generally in the small bathroom, but a door can be closed and at least these were elements amenable to some form of explanation from her perspective, whether or not convincing, as occurred in the e-mail.

      Incidentally in addition to the mixed traces in the small bathroom, Meredith’s blood was found on the light switch and a cotton bud box.  I have a hard time imagining what Guede would have wanted with the cotton bud box, less so Amanda given her blood on the faucet, ear piercings and a scratch on her throat. Knox, when asked during her trial, could not recall having switched on the light during her alleged visit to the cottage.




      6. Take a look at the items on Knox’s bed

      Massei concluded that it was likely that it was Knox who carried out the clean up, which if correct might explain why it was not central to her thinking to dispose of the bathmat with Sollecito’s bloody footprint on it!

      Knox was seen by Quintavalle at his store at 7.45 am on the 2nd November, thereby destroying her alibi. He described her as pale faced, exhausted looking, with pale blue eyes. He also added, and he would not have known this from photographs in the newspapers, that she was wearing blue jeans, a grey coat and a scarf, with a hat or cap of some sort.

      We can see from the crime scene picture of Knox’s bedroom below, that such items (minus hat or cap) appear to be lying on her bed.





      Sollecito did not accompany Knox to the store but this would be because he was known to Quintavalle whereas he was unfamiliar with her. He may however have accompanied Knox to the cottage and/or have acted as look out for her when she was there.

      7. Some conclusions

      I have included “The locked room” in the title because of a poster’s observation regarding Guede’s bloody left shoeprints exiting Meredith’s room. There is the simple observation that these footprints are going one way only and not towards the small bathroom.  But they do not even turn to face Meredith’s door, and again hard to imagine that this could be so if it was Guede who locked her door!

      We can rule out Guede as having been involved in any aspect of the clean up precisely because of that trail of footprints and other evidence of his presence left behind.

      Now that the travesty of the Hellmann acquittals has been truly exposed Knox and Sollecito face an impossible uphill task.

      The clean up and the locked door are just two of many elements in this case which combine together and corroborate each other in a manner that enables us to see the truth beyond a reasonable doubt.

      Posted on 07/23/13 at 06:15 PM by James RaperClick here for my past posts, via link at top left.
      Archived in Crime hypothesesEvidence & witnessesDNA and luminolOther physicalHoaxes re GuedeGuede sole perp hoax
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      Sunday, May 12, 2013

      (2) The Oggi Article Which Conveys To Italy Knox’s Claims Of Crimes: Our Claim By Claim Rebuttals

      Posted by The TJMK Main Posters



      [Umberto Brindani, editor of Oggi, a Mario Spezi ally, being sued for publishing Knox’s claims in Italy]


      The decision of Amanda Knox and her lawyers and publishers to flaunt her dishonest claims in Italy seems seriously ill advised.

      Pouring gasoline on the fames, it has opened up a fast-track way for those many who she nastily attacks to put the real truths in front of the world. Nobody who foolishly parrots her will be immune from being required to testify by the courts, her own lawyers included. 

      Here are our own short rebuttals of the Knox claims Oggi specifically flaunts to Italy in its unresearched review.

      • Knox was NOT interrogated for days and nights. She was put under no pressure in her brief witness interviews except possibly by Sollecito who had just called their latest alibi “a pack of lies”.

      • Knox WAS officially investigated in depth, after she surprisingly “confessed” and placed herself and Patrick at the scene. Prior to that she’d been interviewed less than various others, who each had one consistent alibi.

      • Knox herself pushed to make all three statements without a lawyer on the night of 5-6 November 2007 in which she claimed she went out from Sollecito’s house, met Patrick, and witnessed him killing Meredith.

      • Far from Knox being denied a lawyer, discussions were stopped before the first statement and not resumed, in the later hearing she was formally warned she needed one; she signed a confirmation of this in front of witnesses.

      • Prosecutor Mignini who Knox accuses of telling her a lawyer would hurt her prospects when she claims she asked for one was not even in the police station at that interview; he was at home.

      • She was not prohibited from going to the bathroom. At trial, she testified she was treated well and was frequently offered refreshments. Her lawyers confirmed this was so.

      • She was not given smacks by anyone. Over a dozen witnesses testified that she was treated well, broke into a conniption spontaneously, and thereafter was hard to stop talking.

      • There is no evidence whatsoever that Knox was subject to “something similar to torture” and as mentioned above only Sollecito applied any pressure, not any of the police.

      • There is nothing “suicidal” about returning to Italy to defend herself at the new appeal. Sollecito did. She risks an international arrest warrant and extradition if she doesn’t.

      • There is no proof except for her own claims of sexual molestations in prison; she is a known serial liar; and she stands out for an extreme willingness to talk and write about sex.

      • Many people have testified she was treated well in prison: her own lawyers, a member of parliament, and visitors from the US Embassy were among them; she herself wrote that it was okay.

      • She may have based her account on her diaries and “prodigious memory” but the obviously false accusation against the prosecutor suggests that much of the book was made up.

      • The investigators had a great deal of evidence against Knox in hand, not nothing, and they were not ever faulted for any action; they helped to put on a formidable case at trial in 2009.

      • “Police and Italian justice work with such incompetence, ferocity, and disdain for the truth” is contradicted by a very complete record prior to trial which was praised by the Supreme Court.

      • Mr Mignini has NO bizarre past at all. He is widely known to be careful and fair. He would not have been just promoted to first Deputy Prosecutor General of Umbria otherwise.

      • He was put on trial by a rogue prosecutor desperate to protect his own back from Mignini’s investigations; the Supreme Court has killed the trumped up case dead.

      • There was nothing “mysterious” about Knox being taken to the crime scene to see if any knives were gone, but her wailing panic when she saw the knives was really “mysterious”.

      • Knox never thought she was in prison for her own protection; she had signed an agreement at the 5:00 am interview confirming she did know why she was being held.

      • Monica Napoleoni did not “bluff” that Sollecito had just trashed their joint alibi; he actually did so, because his phone records incriminated him; he agreed to that in writing.

      • There was no crescendo of “yelling and intimidations that lasts from 11 at night until 5.45”. There were two relatively brief sessions. Knox did most of the talking, named seven possible perps, and drew maps.

      • There was zero legal requirement to record the recap/summary interview, no recording has “gone missing” and many officers present testified to a single “truth” about what happened.

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