Collection: Hoaxes against Italy

Friday, January 06, 2017

Netflixhoax 18: Omitted - Any Mention Of The Toxic Public Relations Assaults On Italian Justice

Posted by The TJMK Main Posters



Paul Ciolino and David Marriott in Kermit’s extensive debunking of the PR, link below

1. Nature Of The Excess

The huge public relations effort on behalf of Sollecito and especially Knox is entirely omitted from the film.

Perhaps because Netflix’s “Amanda Knox” was itself a toxic assault on Italian justice? Perhaps because the producers had themselves for five years acted as a nasty sharp end of that same PR?

Amazing omission, any way you look at it, as complete movies and books could dwell on this brutal attempt by non-legal means to set Knox and Sollecito free. The pro-Knox PR in particular, mostly in English in the US making it hard for Italians to know about, let alone respond, was taken to unique extremes.

Look at the giant scope of the PR as presented in Kermit’s masterful Powerpoint. That was created even before the 2009 trial was done, before the worst of the PR was set loose. 

Note the number of strongarming threats and false talking point and outright lies. The dishonest TV appearances and misleading books. The threats and personal abuse of officials and reporters who had no easy way to hit back. The myriad hapless professionals roped in as glovepuppets, many of which we will quote in the next two posts.

And the staggering moneygrubbing, surely a world record in itself.

2. Initiation of the Sollecito PR

It is pretty well impossible to affect court outcomes in Italy with PR. Contempt of court and defamation laws are too strong. Papa Doc Sollecito and his family tried a few things, but they ended up in court in Bari, and Vanessa Sollecito was fired from her job.

Giulia Bongiorno was then the head of the powerful justice committee in the parliament. She was hired as lead counsel and acted as the spokesman for Sollecito’s cause, often (like Sollecito) dropping Amanda Knox in the drink. Other actions moved underground.

3. Initiation Of The Knox PR

The Knox PR beamed at Americans was initiated by Curt Knox before he and Edda Mellas ever left West Seattle for Perugia. Before any lawyers had even been consulted, let alone employed.

Why so fast? Well one good hunch is that Curt Knox already KNEW with his family history of dangerous volatility that Knox really could have exploded and led a pack attack that left Meredith dead.

Here is a great book on how aggressive American PR too often helps clients with financial means to win while trampling on the law. 

Here is a good roadmap for what is known in the PR world as astroturfing, the techniques of which the ever-expanding Knox/Marriott public relations effort followed almost to a tee.

Prior to the start of the trial, the PR was becoming extremely shrill. Deathfish posted this. The Machine posted this.   After a crazed PR event in West Seattle was reported upon, even Knox’s lawyers wanted it toned down.

In April 2010 we were hearing things similar to this description of the PR from everyone who had tried to file honest reports.

Coverage of the crime began to diverge on the two sides of the Atlantic. From the vantage point of Perugia, it seemed as though the Knox family’s American supporters were simply choosing to ignore the facts that were coming to light in Italy….

The American press hung back, at first, objective and somewhat disbelieving that such a wholesome-seeming girl could have any connection to such a sordid foreign crime, and then, as the family stepped up its defense, increasingly divided between two camps that would become simply the innocentisti—those who believed she was blameless—and the colpevolisti, those who did not. In Perugia, these labels governed access…

Of the handful of American journalists in Perugia in late 2007 and early 2008, none got access to the Knox family without certain guarantees about positive coverage. Within months, the family decided to speak on the record primarily to the American TV networks, often in exchange for airfare and hotel bills. Most of the print press was shut out. And the TV producers learned to be very cautious about being seen with people like me, lest the Knox family should cut them off.

But as interest in the case grew, an odd assortment of American talking heads attached their reputations to Amanda’s innocence. An aggressive support group called Friends of Amanda formed in Seattle, headed by Anne Bremner, a media-savvy criminal lawyer who had cut her teeth as a tough prosecutor in Seattle’s King County Court…

Very quickly, [PR manager David] Marriott lost control of the situation. As he spoon-fed the Knox-approved message to American outlets that couldn’t afford to send correspondents to Italy, those of us on the ground in Perugia began passing his contradictory e-mails around as entertainment during the long days in the court.

[We reporters in Rome] began what would be a two-year battle against the Seattle message machine, incurring personal attacks and outright threats.

Newsweek said that the PR campaign was winning over nobody in Italy and doing some real harm.

More negative reports began to appear. See this on one PR shill. See another example here.

A media expert rated the PR counter-functional and likely to fail at least in part. There was soon the first hard proof of this when the PR landed Oggi in court.

The talking points became so extreme that you’d think they would be impossible to spoof. However Chimera did the impossible here.

4. Overview Of Where Next

This brings us to a halfway point with the Hellmann appeal court, first chambers of the Supreme Court, the Nencini appeal court and the fifth chambers of the Supreme Court still ahead. The first and fourth of those courts were bent and in each case the PR played some role.

But the outcome is not cast in stone.  Guede could spark a retrial for himself (we will know in a few days) in which the Knox and Sollecito teams will not even be present. A lot could be said that will set them back.

A dozen main media outlets and several hundred professional writers and TV commentators and so on came to swallow the PR bait without any checking of the truth. We will quote them at length. Netflix itself has clearly done this - it swallowed the assurances of thee cranks with axes to grind and did no due diligence in Italy before guying and airing a very unsafe product. 

Both Curt Knox and David Marriott have declared the PR to have been a success. We will asses that. The PR departed so wildly from the truth and did so much harm to those it lied about that it is easy to shoot down. Look at the comments on the media threads about the Netflix movie and you will generally see a majority denying that Knox did no harm or was framed. One of various signs of a huge fail?


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.


Friday, November 04, 2016

Netflixhoax 16: Omitted - How Netflix Depicted Media Coverage 180 Degrees Away From The Truth

Posted by Peter Quennell



Nick Pisa was among those who filed court reports objectively and very fast

1. Overview Of This Series

This is the first of three posts describing how in the real world various arms of the media performed.

The Netflix report showed British reporter Nick Pisa relishing some early headlines, and a scene where the solving of the crime by the national and Perugia police is announced to the press.

From those seemingly damning episodes, the audience is encouraged to make the vast extrapolation that it was a voracious media and an overzealous police that drove the whole case.

Also that this was fundamentally unfair to a self-effacing, publicity-shy Knox, and that it caused the verdicts to go the “wrong” way - twice, first in the 2009 Massei trial, and second in the 2013-14 Nencini appeal.

2. The Real Police “Slant”

The police announcement - typical of such announcements in the US and UK when the local population is freaked out - was NOT made simply to win points for the police or to isolate and slam Knox (Sollecito and at that point Patrick were also described as suspects in the crime).

There had not been a single murder in Perugia for many years. This murder was reported (rightly) as singularly depraved and (rightly) as a pack attack with knives.

Many people could not sleep at night. The immediate effect upon Perugia and in particular its huge student population (over 20,000) of Meredith’s death was that many men and women, especially women as a sex crime was (rightly) described, did indeed become freaked out.

Literally thousands began to leave town.

Both the town managers and the university managers were quite desperately demanding an early break or major assurances to stem this tide. The police announcement did in fact do that.

Thereafter the investigators went on about their work for the better part of a year, and the documentation is huge - it was put at 10,000 pages early on but is now substantially larger than that.

Here is one example of just how much work was done after the police calmed things down.

At the infamous “interrogation” of Knox on 5-6 November 2007 she in fact worked on a list of seven names of people who might be able to help the police. The police took that list and they tracked down all seven, and the cross-checking of their accounts went on for months.

Complicated, of course, because Knox most heavily pointed at Patrick, and used the list to point away from herself. Her drug dealer, which police soon found out about, did not appear on the list though he had repeatedly been at her house.

3. The Real Media “Slant”

In the next post, we shall show how there really was a huge slant - but not what Netflix depicts.

All of the Netflix’s global demonization of the media flows from Nick Pisa’s few deprecating words. No extensive checking of his reports is seen.

No Italian media disposition was examined at all - the Italian media was by far the most likely to have an effect on a jury of Italian speakers who are encouraged by the system to do some research.

Netflix maybe omitted this for their own convenience - there was little or no slant to point to at all.

Italian media reported methodically before and during trial and long thereafter on what the US and UK media mostly did not - all the crucial process steps pre-trial were reported in Italy but largely ignored by the UK and US press.

You can read about the remorselessly building evidence in this eye-opening series here.

The Netflix team dont appear to have read even one official document on the case.

The key two documents here would be the report on the Massei guilty verdict in 2009 and the report on the Nencini guilty verdict in 2014. That was respectively two years and over seven years after the early “damning” media reports. 

Take a look.

In fact try to find even ONE instance where a UK reporter writing in English for an English audience in late 2007 got inside an entire panel of Italian judges’ heads late in 2009, and again in 2014, which is what Netflix would like you to believe.

4. Nick Pisa’s Real Reports On The Case

Fortunately for the hard truth, what we often called the “Rome pool” of foreign correspondents included nearly a dozen exceptionally talented reporters (those posted in other countries usually are the cream of the crop).

Thanks to their very hard work and their incessant costly travel to Perugia, we were able to repost on the 2008 and 2009 developments with a scope far beyond what any one “man on the spot” could do (we did have several of those too).

Free-lancer Nick Pisa in fact reported from the court for a lot of media outlets in the UK, not simply one. He was the only non-Italian reporter to pretty consistently have a cameraman along, for his reports for Sky News, and some of his good video reports still show.

This kind of fast, comprehensive coverage badly rattled the Knoxes and Mellases and their camps and especially diminished their PR, and they openly displayed angry aggression at times.

We’ll describe in the next post their desperate attempts to demonize all of the few reporters they did not have on a chain as coming straight from hell. 

We have carried a total of 35 of Nick Pisa’s reports, in whole or in part. Check them all out below. Do you see ANY bias here?


Click here for post:  Trial: The Proceedings Commence: The UK’s Daily Mail Reports First

Click here for post:  Trial: Friday Morning Not A Good Start For The Knox Team

Click here for post:  Trial: Defendant Noticeably Bubblier Than Meredith’s Sad Friends

Click here for post:  Trial: Nick Pisa Of On-The-Ball Sky News Reports Early Testimony

Click here for post:  Trial: Nick Pisa Of On-The-Ball Sky News Reports On Saturday Morning

Click here for post:  Guede’s Grounds For Appeal Sound None Too Convincing

Click here for post:  Trial: Sky News Video Report On Friday’s Court Session

Click here for post:  Confirmed: Neither Knox’s Father Nor Stepfather Were So Solicitous In Seattle

Click here for post:  Trial: Prosecution Witnesses Present Many More Reports On Odd Behavior Of Knox

Click here for post:  Sollecito Gets A Birthday Card From His Co-Defendant

Click here for post:  Trial: Witness Emulates A Loud Scream She Heard On The Night

Click here for post:  Trial: Sky News’s Report On Today’s Eyewitnesses

Click here for post:  Trial: The Closed Court Sees Graphic Photos And Video Footage Of The Autopsy

Click here for post:  Trial: One Busy Day On The Court Agenda For The Judges And Jury

Click here for post:  Owner Says The House Will Be Available For Rent

Click here for post:  Trial: The Trial Agenda For Today And Tomorrow Is Physical And Forensic Evidence

Click here for post:  Trial: At Saturday Morning Session Bloody Footprints Said To Match The Defendants

Click here for post:  Trial: The Morning Report By Sky New’s Nick Pisa

Click here for post:  Trial: Court Hears Of Enormous Cruelty Of The Crime

Click here for post:  Trial: Meredith’s Family Recounts The Terrible Pain Of Her Loss

Click here for post:  Trial: Richard Owen Reports First Knox Testimony With Nick Pisa Video

Click here for post:  The Letters Between The Women’s And Men’s Wings In Capanne

Click here for post:  Trial: Dr Sollecito Testifies About The Human Qualities Of His Son

Click here for post:  Trial: Early Report By Nick Pisa On What Was Expected To Be Heard Today

Click here for post:  Trial: Defense Witnesses Testify On Cannabis Effects And Meredith’s Mobile Phone

Click here for post:  Trial: Further Expert Examinations Denied - The Report From Nick Pisa

Click here for post:  The Summations: Nick Pisa In Daily Mail Has A Late-Morning Report

Click here for post:  The Summations: Defendant Leaves Court As Prosecutor Proposes What Meredith Was Subjected To

Click here for post:  The Summations: Patrick Lumumba’s Lawyer Describes Defamation By Knox As Ruthless

Click here for post:  Could The Italian Authorities Be Starting A Wave Of Libel + Slander Investigations?

Click here for post:  The Summations: Lawyer Luca Maori Sums Up All Day Today In Sollecito’s Defense

Click here for post:  The Summations: The Two Defendants Make Their Final Pleas To The Court

Click here for post:  US Overreaction: Amanda Knox’s Own Lawyer Groans “That’s All We Need, Hillary Clinton

Click here for post:  The Controversy Over The Lifetime Movie Seems To Be Stirring Some Needed Changes

Click here for post:  Kercher Family Lawyer Walks Out As Amanda Knox Engages In What Looks Like Yet Another Stunt

Click here for post:  UK’s Sky News Carries A Pre-Session Report from Nick Pisa In Perugia This Morning

Click here for post:  A Belated Attempt To Do A U-Turn On The Misconceived Loser Of A PR Campaign?

Click here for post:  The Fourth Appeal Hearing Today Saturday: The Main Items On The Court’s Agenda

Click here for post:  Fourteenth Appeal Session: Judge Hellmann Consults Jury And Concludes They Have Enough To Wrap Up

Click here for post:  Conspicuous By Their Absence Now: Legal Commentators For Sollecito And Knox

Click here for post:  Lord Justice Leveson: In Fact MANY Press Errors Were Made In The Reporting On Meredith’s Case

Click here for post:  A Smug Killer Who Thought Perhaps He’d Escaped Justice Was Brought Down In The UK Today


Sunday, October 23, 2016

Netflixhoax 14: Omitted - Any Mention Of Big Red Flag In Forced Closing Of Vecchiotti’s Laboratory

Posted by The TJMK Main Posters


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.



This post is one in our ongoing series.

Amazingly EIGHTEEN MONTHS AGO Dr Carla Vecchiotti became quite possibly the most discredited DNA expert in the world, when news about her appalling lab conditions exploded in Italy. 

In their narrow-minded fanaticism to make Dr Mignini the most reviled prosecutor in the world - and Nick Pisa the most reviled reporter - the producers somehow left that awkward fact out of their report entirely. She and Dr Conti are given major time in the film to misrepresent key evidence. 

Netflix’s own due diligence (if any; we think not) missed all of this entirely. Now thanks to Netflix the misrepresented evidence and Vecchiotti’s discredited opinions of the Scientific Police labs are being given credence as hard fact worldwide.

KrissyG in her own excellent review of the movie summarised the conditions that led to the lab being closed down. It happened directly because the Carabinieri DNA experts Dr Barni and Dr Berti appointed for the 2013-14 Nencini appeal (which Netflix also omitted any mention of) visited the place to inspect it, and to pick up some key evidence, a DNA sample from the knife.   

They made mention of what they encountered in their report and in court testimony. That was nearly three years ago (January 2014) long before the final cut of the movie and long before the sale to Netflix was a done deal.

In our view this HAD to be yet another deliberate dishonesty. 

2. Catnip’s Translations Of Main Italian Reports Of Lab Closing

Catnip kindly provided us with these translations of some of the Italian news reports 18 months ago.

The March 2015 report from News 24

The Medico-Legal Institute of Sapienza University in Rome was closed down this morning.

For some time it has been known that unhygienic conditions were the norm in the Institute and the Rector of the University has decided today, in anticipation of NAS findings, to shut down the entire mortuary.

Sapienza’s Institute did not have adequate space to accommodate the large number pf bodies and quite often they had to be spread out along the corridors.

The hygiene rules were onerous and the building inadequate. It was for this reason that the Public Prosecutor’s Office had ordered a detailed report by NAS which would have presented their findings within a few weeks.

The Rector of the University, Eugenio Gaudio, has pre-empted the PPO’s expected closure of the Institute. The closure, explains Guadio, had been necessary to prevent the raising of legal questions as regards the autopsies being carried out, which would have risked the results being no longer reliable in future.

During the NAS inspections, even cadaver remains from 1990 had been found, a serious anomaly due to, as the mortuary attendants explained, the fact that no one had ever reclaimed the bodies. Another serious problem at the Sapienza Institute is the huge disorder that reigns inside the building, where, in point of fact, cadavers are to be found out in the corridors.

The March 2015 report from Corriere.

Rome: bodies in the mortuary corridors, Medico-Legal Institute of Sapienza closed

The Rector’s decision anticipates the MOSSA by the Prosecutor’s Office which has been investigating conditions at the Medico-Legal Institute of Rome’s flagship university

by Giulio De Santis

ROME – The University of Sapienza’s Legal Medicine Institute has been closed for health reasons. The decision has been made by the university’s Rector, Eugenio Gaudio, who made the order before the Prosecutor’s Office could make a move. At Clodio Place the investigators, in fact, are expecting the filing of a report by NAS, where serious hygienic shortcomings by the management of the Institute are highlighted.

Unreliable autopsies?

The closure has been necessary to head off the raising of questions relating to future autopsy results that would have risked being unreliable. The problems discovered by the Carabinieri of the Health and Food Adulteration Unit – and noted to the university administration – relate to, in fact, the equipment, starting with the tables, intended for carrying out autopsies, which have deteriorated during the course of time. The oldest have been in the building since the early 1980s while those acquired more recently go back to ten years ago. Even the instruments used to examine the cadavers have deteriorated and should be replaced.

Cadavers in the corridors

During the inspections, remains of cadavers preserved since 1990 were found. An anomaly due to the fact that no one had ever reclaimed the bodies. The other problem raised by the doctors at the Institute and revealed by NAS is the disorder that reigns in the Institute, where it is possible to see cadavers in corridors due to the lack of space in which to store them. Sapienza has now promised to proceed with restoration works. There is lack of certainty though on the end point by which the Institute will become operative again. There is no compulsory time limit but the university has guaranteed a return to normality by the beginning of May.

Transferring the bodies

Contributing to the uncertainty are Sapienza’s empty coffers and the collection of funds is expected to be complicated. In the meantime, to try and minimise the impact of the closure, autopsies will be carried out at the Tor Vergata Institute directed by Professor Giovanni Arcudi. The bodies have already started to arrive in the last few days in the mortuary of that university and in some cases the work has been given to specialists from the Gemelli Polyclinic. A case file has been opened by the Prosecutor’s Office and assigned to Antonella Nespola who in October had already ordered the sequestration of the mortuary. The decision to close the Institute has been communicated to the Prosecutor’s Office, who is caught out by the choice.

The March 2015 report from RAI News.

Rome, Medico-Legal Institute closed. The Public Prosecutor’s Office is investigating health conditions. The decision of the Sapienza University Rector Ettore Gaudio. Cadavers from 1990 found.

Cadavers in the corridors because of lack of space for storing them, serious health issues in the management of the Institute. For this reason, Sapienza’s Medico-Legal Institute has been shut down for health reasons. The decision was made by the university’s Rector, Eugenio Gaudio, who made the order before the Prosecutor’s Office could make a move. At Clodio Place the investigators, in fact, are expecting the filing of a report by NAS, where serious hygienic shortcomings by the management of the Institute are highlighted.

The closure had been necessary to pre-empt questions being raised about the risk of future autopsy results being unreliable. During the inspections, cadaver remains preserved from 1990 were found. An anomaly due to the fact that no one had ever claimed the bodies. The other problem raised by the doctors at the Institute and noted by NAS is the disorder that reigns in the Institute, where it is possible to see cadavers in the corridors because of the lack of storage space.

The March 2015 report from Cronaca

Cadavers in corridors, Medico-Legal Institute in Rome closed
Rector Eugenio Gaudio’s decision: «Autopsy results at risk».
01 March 2015

There were cadavers in the corridors due to lack of space, as well as serious health issues in the management of the building. For this reason the Medico-Legal Institute at Sapienza University in Rome has been closed for health reasons.

RECTOR’S DECISION. The decision had been taken by the unicersity’s Rector, Eugenio Gaudio, who made the order before the Public Prosecutor’s Office could act. At Clodio Place, the investigators, in fact, are expecting the filing of a NAS report, where serious hygiene problems in the management of the Institute are highlighted. The closure was necessary to forestall questions being raised concerning future autopsy results which would have been at risk of being unreliable.

REMAINS OF CADAVERS FROM 1990. Inspections revealed remains of cadavers preserved from 1990. An anomaly due to the fact that no one had ever reclaimed the bodies. The other problem raised by the doctors at the Institute and noted by NAS is the disorder that reigns in the Institute, where it is possible to see cadavers in the corridors because of lack of space to store them.

The March 2015 report from Dagospia.

Sad corridors dimly lit. A room with refrigeration units from the 1980s, dozens of units occupied by the bodies of persons deceased by violent means and never recognised, never asked for, and, if foreigners, never repatriated. It’s here that, as many say, along the basement corridor it is even sadder: there’s no space inside and the cadavers are just left there, on trolleys, at times not even in mortuary bags. The smell, they say, is pungent and nauseating. To say nothing of the dissection tables and the equipment, or even the safety of the workers. Non-existent.

And so the Public Prosecutor’s Office launched an investigation by NAS, the Carabinieri of the Health and Food Adulteration Unit [nucleo antisofisticazione e sanità]. Eugenio Gaudio, Rector of Sapienza University — of which the Medico-Legal Institute is a part — and Domenico Alessio, Director-General of the Polyclinic at Umberto I University, have pre-empted likely legal orders deciding to shut down the building.

SAPIENZA MORTUARY

It received the latest body last Wednesday a little before midnight. The others — like that of the young man squashed on Friday night by a bus in Piazza Venezia and dying in San Giovanni Hospital — will all be, from Thursday onwards, taken to the Gemelli Polyclinic.

A truly disconcerting situation for the largest mortuary in the Capital, the Sapienza Medico-Legal Institute. Already by October month end Public Prosecutor Antonella Nespola had sequestered six operating theatres at the Umberto I University Polyclinic, which is close to the mortuary, and also placed the Medico-Legal Institute in her sights.

And «for possible contamination, likely compromised results, the building physically falling apart, cadavers in the corridors and inadequate equipment», they explain in the mortuary. «NAS inspected the mortuary when I was not even Rector» explains Eugenio Gaudio. «We are all hopeful that the restoration works will conclude as soon as possible: within two months».

MORTUARY

Eight years a scandal led to the lose of the operating theatre at Umberto I: not only were the health and safety conditions extremely bad (blood traces everywhere, building falling apart, a back and forth of funeral agency operators who were following the relatives of the deceased), but corneas were being stolen from the bodies, which in turn ended up having to be transferred from one place to another under armed guard. But today «we’re re-opening the Polyclinic dissection room» explains Gaudio. «I’ve put in an order for autopsy tables and new and modern equipment».

And even if the Rector highlights that the decision to close «had been taken in accord with the Health Director and Director-General of the Polyclinic, with all due care and authority» in the Public Prosecutor’s Office the news of the closure, which seems to have arrived with only 24 hours’ notice, has raised a storm. Chief Prosecutor Giuseppe Pignatone plays it down. But he also explains that today or at the latest tomorrow «there will be a meeting at the PPO with the top layers of management from the Polyclinic and Rector Eugenio Gaudio». And in the meantime, «for now, Gemelli will be asked to handle the immediate exigencies».

The funeral undertakers who tell of the scene from hell are describing «flies and bluebottles attracted by the odour, doors that don’t seal properly and when you go downstairs at the least you almost fall ill», as a source who works in the mortuary recalls. «But even on the first floor, where the forensic pathologists work, everything has remained stuck at 40 years ago. To say nothing of the place where the evidence is kept: all heaped up on each other, contaminated according to me unusable».

EUGENIO GAUDIO

Captain Dario Praturlon, NAS Commander in Rome who last September on delegation from the Public Prosecutor’s Office carried out an inspection, explains that «we only had to check if there were health and safety irregularities: and we had found lots of them. The employers — that is the Rector and the Polyclinic Health Director — are obliged to fix up the building. To give the workers a safe place to work. We found none of all this». The first criminal charges are expected quite soon, although relating to previous management.


3. Lab Reopens Sans Vecchiotti

The lab has been closed for 18 months but now Corriere reports its reopening under the supervision of three prosecutors’ offices, making it all but impossible for either the lab or Vecchiotti to perpetrate further transgressions.

University’s Polyclinic takes over management of Rome’s mortuary instead of Sapienza University, while the forensic pathology department is now overseen by the three relevant Public Prosecutor’s Offices (Rome, Tivoli and Civitavecchia).


Monday, October 17, 2016

Netflixhoax 13: Omitted - How The DNA Processes And Evidence Points Were Deliberately Misrepresented

Posted by KrissyG



Above, modern Scientific Police labs in Rome; bottom, hellhole consultants labs (now closed)

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.


1. Introduction

First,a tip on the images. These are movie snippets with English subtitles included. They will expand to full screen in Acrobat Reader (please download it if you dont yet have it) if you click on each image.

I posted a general review of Netflix’s “Amanda Knox” several weeks ago.  Here I want to drill down into the DNA section and to consider the inclusion in the film of the geneticists Carla Vecchiotti and Stefano Conti.

This is another in TJMK’s series of analyses and many past posts on the DNA can be found here and here. The Meredith Wiki’s giant DNA spreadsheet with a lengthy explanation appears here.

I’ll explain how and why the film misleads the viewer via their inclusion. The choreography used by the film makers to present Knox and Sollecito as ‘exonerated’ and ‘innocent’ based on Vecchiotti & Conti’s narrative in the film will be revealed for the careful script that it is.

I’ll show why Vecchiotti & Conti’s declarations in the film are deceptive.  An analysis of Vecchiotti and Conti’s entire role in attaining the release of the pair and the revelation of the hidden agenda that underlies the film will be explored.  Let’s do it!

2. Fictions In The Movie

In the film, Vecchiotti and Conti appear quite deeply into the film, at minute 64 of 92 minutes.  The appearance of the ‘DNA experts’ towards the end enables the film makers to reinforce the image of a great miscarriage of justice, leading up to the grand finale denouement. 


Enter Conti. Referring to the evidence of Sollecito’s DNA found on the bra, Conti introduces the audience to a key principle of DNA.  It is ‘dust spread everywhere,’ he avers.  To set the scene, we are informed that the Forensic Police (‘Scientific Police’ in Italy) acted chaotically and that the crime scene was an absolute shambles.  We hear an audio voiceover of a supposed scientific policeman saying to another ‘this is absurd, there is unbelievable chaos everywhere’.

So there we have it.  ‘A crime scene must be completely sterile’.  We are roundly informed that this crime scene was not, based on Conti’s word for it.




Next, enter his co-partner, the other ‘independent’ expert hired by the Hellmann appeal court to evaluate the evidence concerning he DNA identified on the presumed murder weapon knife, and the bra clasp sample: Carla Vecchiotti.


Carla Vecchiotti claims that the issue of contamination of the DNA ‘was raised by the court’.  Shot moves to the scientific police as she continues, ‘ it could have been by other people’.

She then throws in a red herring.  ‘There was the DNA of two unknown males on the clasp’, which we can dispense with straight away.  In reality they were fragments of DNA, no more than 6 – 8 alleles, and precisely of the type of dust contamination Conti is talking about.  This effectively subverts the issue away from the strong DNA profile of Sollecito found on the clasp.




Vecchiotti then continues the theme of the film that the prosecutor Mignini was acting entirely intuitively.  ‘You can’t just make it what you want it to be’.

She claims there are ‘problems with contamination in the laboratory’, yet in court she insisted the alleged contamination was at the collection stage, and not at the laboratory.  A picture of the knife comes up.




Vecchiotti comments, ‘The Knox DNA profile is a very good one.’

Of the Kercher DNA on the blade she states, ‘It’s so small.  So scarce, the likelihood of contamination is very high.’

From this, she concludes the Kercher DNA is ‘inconclusive’.

The film makers show us the picture at least three times with ‘INCONCLUSIVE’ in bold red letters.  ‘I asked Dr Stefanoni (the forensic police chief in charge of this case) how she concluded this is the murder weapon without any other evidence?’

However, the courts upheld, and Conti and Vecchiotti themselves concurred under oath, that far from being inconclusive, it was a strong profile of Meredith, at 15 alleles.




Again, Vecchiotti repeats the lie that the laboratory was contaminated, when no such finding was upheld by any court, including Hellmann’s, by referring to Stefanoni stating she had examined fifty of Meredith’s samples at the same time, see above.  She insinuates Stefanoni overrode standards so that they would not have to close the lab up between samples.




The film then cuts to clips of US media outrage at Vecchiotti’s findings of ‘contamination’, even dragging in Donald Trump, no doubt sucking on a tic tac, with just a small cameo of Mignini for ‘balance’, stating that ‘all evidence’ needs to be looked at, implying that Mignini accepted the alleged contamination and was now trying to deflect from it onto other evidence.  The reader should bear in mind, that in fact, there was no such finding of contamination in Stefanoni’s labs.

Nor does she or her co-partner ever once in the film, and nor do the film makers mention that their report was discredited by the Chieffi Supreme court and Hellmann expunged.




Having established – falsely – that Vecchiotti and Conti had proven contamination to an unwary audience, the film then cuts to Amanda Knox claiming, ‘There is no trace of me in the murder room’.

We are shown a diagram of eight black spots of Rudy Guede’s traces and one white one for Sollecito, some distance away from the body, underneath which it was actually found.  A police mug shot of Guede appears on screen, whom Knox describes as ‘ a guy who regularly committed burglaries’.

From this we are led to believe Guede is a seasoned criminal career burglar, when as of the time, he had no convictions at all.  The film makers inform the audience it is, ‘a burglary gone wrong’, not a finding by any court, apart from the vacated Hellmann court.  The balance (at roughly six to one against, in terms of time coverage) once again is provided by Mignini who points out its unfairness, given the evidence found at the trial.




The film then cuts to Conti, who makes an astonishing confession – for a scientific professional expert witness and professor –  stating, ‘What happened inside that room between Guede and Meredith, was not a job assigned to me.’

So now it is out in the open, Vecchiotti and Conti, far from protecting their professional integrity by following their ethical code, which states that they are expected to act with objectivity in their professional role and should safeguard this by recusing themselves should they feel that they have become advocates for a party, in the film do not even hide their partisanship.
Conti feels confident in this ‘documentary’, now as a global film star, to declare his advocacy for Knox and Sollecito with the above statement.




The Vecchiotti and Conti sequence of the film ends with a drawn out episode of a supercilious Conti leaning back in an attitude of condescension, no doubt aimed at Mignini, when he concludes,

‘Cicero once said’ – pause – ‘ Any man can err, but only a fool perseveres.’

Next, the film completely ignores that his and Vechiotti’s 2011 report was unceremoniously ridiculed in 2013 by the next level court – Chieffi, Supreme Court – and the pair branded as ‘intellectually dishonest’.  It ignores that the case was remitted back to a completely different Appeal Court, in a completely different area, from Umbria to Tuscany, and under a completely different judge.

In the Netflix film, a diagram showing Knox’ DNA on the knife handle is admired as a strong profile.  Meredith’s DNA on the blade is highlighted as a question mark.  About three times, the viewer is shown the same diagram with the word ‘INCONCLUSIVE’ above the Meredith DNA in red letters.

The truth is, ALL of the defence experts – including Vecchiotti and Conti – accepted it was a strong DNA profile of Meredith (15-allele) so we see a blatant misrepresentation here, that rather than the confidently strong profile it is, Vecchiotti declares that it is ‘inconclusive’, and leads the viewer to believe this was because of proven contamination.

This deception is underlined by the film makers immediately galloping to the 2011 Hellman Court after the Vecchiotti & Conti interview, with wild scenes of Hellmann freeing the pair and declaring them innocent.

The connection is made: the knife DNA – and the bra clasp – is ‘contaminated’ and that is why the pair were freed.  ‘This was the only flimsy evidence,’ is the message conveyed. Thanks to the lurid and putrid imaginings of Mignini and Pisa, those kids suffered, the viewer is told.

Cue mass media bombardment by the outraged Netflix viewers, on Twitter and Facebook excoriating Pisa, mostly, and also Mignini as having botched up the whole case and ruined the lives of these two kids.

3. The Hard Facts In Reality

  • I will look at Vecchiotti and Conti’s true track record, which is appalling. The husband of a murder victim was denied justice for a staggering NINETEEN years, as DNA investigator Vecchiotti, et al, negligently refused to investigate the DNA of the perpetrator of the murder.

  • How did Vecchiotti and Conti get appointed by Hellmann court at all? I reveal how the US contingent of pro-Amanda Knox scientists helped ‘fix’ it.

  • I will highlight the legerdemain ploys adopted by the pair in preparing their report, which predicated Hellmann freeing the pair from prison. It was a moot point henceforth as to whether they would ever return.

  • I will set out Chieffi’s and Nencini’s damning criticisms of Vecchiotti and Conti in the case.  Crini points out, in the Nencini report, that Vecchiotti’s own laboratory fridge did not have a thermometer!

  • I will show how the elaborate ‘heist’ of the judicial system in springing ‘the kids’ from jail happened. A US scientist, using Boise University resources Greg Hampikian was bragging to courts in the US under oath, even as Hellmann had been expunged and Nencini had just recommenced the appeal, that, ‘I am still working on the Amanda Knox case’.

  • My analysis exposes the interconnections between US advocates Hampikian, Bruce Budowle and British forensic expert, Dr Peter Gill, with Vecchiotti and Conti, which casts grave doubt on the pair being ‘independent’ expert witnesses at all.



Vecchiotti lab

The Conti and Vecchiotti Track Record

On 21 April 2016, Carla Vechiotti, together with Pascali, Vicenza and Arberello, was found guilty in a civil suit of gross negligence in the examination of the murder of Contessa Ogliata, dating from 1991, and ordered to pay €150,000 in damages.  Vecchiotti appears to have a reputation for cutting more corners than Stirling Moss, with other cases often quoted, with which she is associated.

Recently, Conti and Vecchiotti’s laboratory in Rome was closed down due to public health issues. Contamination almost certainly occurred in their laboratory.  Rotting cadavers unclaimed by relatives, were said to have piled up in the corridors.  Stefanoni’s laboratory, which followed all the conventional standards of the day was never proven to have been contaminated.
Carla Vecchiotti’s reputation is in tatters. She has made a number of shocking errors in a couple of murder cases, she repeatedly misled the appeal court - Judge Nencini described her and Conti’s work as “misleading” and “reprehensible”.



Vecchiotti lab

The Hellmann Court (Appeal Court)

On 18 Dec 2010 at the Hellmann appeal the defences made three unusual requests, (a) to get an independent review of the DNA and (b) to bring in Alessi to challenge Guede’s testimony and (c) Aviello, a mobster.  Hellmann agreed to appoint Conti & Vecchiotti from La Sapienza University in Rome.  In the interim 16 Dec 2010, Rudy Guede was definitively convicted.

Request (a) was challenged by Comodi, saying there were many experts for both sides already.  Hellmann argued a judge did not have sufficient expertise to evaluate the experts’ opinions.  Having achieved the appointment of Conti & Vecchiotti , Conti & Vecchiotti [‘the experts’] delivered the coup de grâce: claiming international standards were not met, contamination could not be ruled out, and that the DNA profile of Meredith could not be reliable.

The pair made the claim the DNA could have ‘come from dust’, strongly rebutted by Stefanoni, who said in that case, there should have been contamination elsewhere, not just on the bra clasp.

Contamination from the laboratory was completely ruled out, contrary to the claims made in the Netflix film, after which, ‘the experts’ moved to a stance that the contamination happened before it even got to the laboratories.  At the hearing, Conti was constantly asked what the criteria were for alleging contamination, to which he replied, ‘Anything is possible’.  As a scientist, a proper evaluation of probability was expected of him.

In their report they claimed, ‘The electrophoretic profiles exhibited reveal that the sample indicated by the letter B (blade of knife) was a Low Copy Number (LCN) sample, and, as such, all of the precautions indicated by the international scientific community should have been applied.’

It transpired ‘the experts’ had decided to use the US standards of Bruce Budowle and supported by Gill, et al., that the threshold for Low Copy Number (LCN) DNA should be raised to 200 picograms, from the hitherto conventional 100 picograms.

In addition, ‘the experts’ argued, the US standard of 50 RFU’s should be used in place of the then Italian standard of 30 RFU’s.  Analysis of DNA below these levels introduces a higher risk of ‘background noise’; contamination from alien sources, i.e., everyday dust, which may contain DNA fragments.

Hellmann, ‘the experts’ and the US scientists getting involved, by virtue of ‘the experts’ quoting extensively from their papers, erred in presupposing that Dr Stefanoni knew nothing about these issues.  Professor Novelli, for the state, challenged the claim that there was any contamination.  Indeed ‘the experts’ were unable to demonstrate this other than by quoting lengthy academic papers which had little to do with mundane case law and more to do with ivory towers.

Vecchiotti, born 1951 with a long CV from medical student days would have known what Italian standards were, yet tried to subvert them in retrospect.

A complaint was lodged by the prosecution about the pair being seen to openly fraternise with Sollecito’s defence team during the hearing, a strict Bar Standard ‘no, no’ for an independent expert witness.

‘The experts’ refused to analyse a further sample of DNA found on the knife, giving the reason it was LCN, and they ‘didn’t want to make the same mistake as Stefanoni.’

Hellmann accepted ‘the experts’ findings and acquitted Knox and Sollecito declaring them innocent, aside from the calunnia for Knox, together with finding that Guede acted alone, as a ‘burglar disturbed.’

For the film makers, this defines the end of the film.

The Chieffi Court (Supreme Court)

In 2013 the next level of appeal court overturned completely Hellman’s findings.  It rebutted that the DNA sample of Meredith’s was ipso facto low quality just because it was LCN.

‘The experts’ had claimed, relying on their US sources that LCN sampling should only be done on special projects, such as missing persons or cadaver identification, and that there was not the technology as it was ‘too innovative’.

Chieffi did not buy this, pointing to embryology studies.  He scoffed at the idea of ‘the experts’ being more expert than Professor Novelli or Dr Torricelli.  He censured Hellmann for failing to consider their equivalent expert knowledge.  Chieffi was particularly critical of ‘the experts’ refusing to test the remaining knife sample, calling their reasoning, ‘intellectually dishonest’.

On 25 March 2013, Chieffi ordered the case back to the Appeal court to consider the DNA evidence again, amongst other issues, and that the knife sample be tested.  One suspects ‘the experts’ were loath to test the sample in case it turned out be further DNA of Meredith, and this may be why Chieffi smelt a rat.

The Nencini Court (Appeal Court)

In 2014 Judge Nencini made it clear in a newspaper interview it was not within his remit to criticise ‘the experts’, but rather, to assess the legal rectitude of the Massei court decision, which Hellmann patently failed to do.  However, criticise he does. 

He directs Dr Barni, witness for the Carabinieri Lab, that ‘no US standards’ are to be quoted which C&V had done profusely. In upholding the findings of the Massei court he makes the following point in his reasoning about the DNA of the knife and bra clasp:

“… The consultant holds furthermore that the most appropriate technical approach to interpret the genetic profile arising from trace 165B and to avoid subjective interpretations is to “call upon”, meaning to consider as valid, all of the alleles with RFU > 50, independently of their position or whether or not they might be stutter.

Once the complete profile is determined, given that there may also be more than two contributors to the trace, we feel that the only statistical approach that can be used adequately here is the RMNE (Random Man Not Excluded) method.

This statistical approach makes it possible to estimate the possible error due to a chance compatibility, meaning that of a person chosen randomly from the population and who by pure chance is fully compatible with the genetic characteristics of the individual represented in the trace.

The higher and nearer to 1 that probability is, the more likely it is that the profile could be the result of a random choice and thus the higher the probability of an error in the attribution of the genetic profile to a given individual. In this case, as seen in Table 5, the profile of Raffaele Sollecito is compatible at all the loci analyzed in the mixture of DNA found on Exhibit 165B.

The probability that a random individual from the population would also be compatible (the inclusion probability) [245] was calculated, and came out to be equal to 3.05592 x 10^-6, which is about 1 in 327 thousand. This computation is considered to be extremely conservative, since all of the allelic components are taken into consideration together with their frequency in the reference population.” (Pages 15-17 of the technical report submitted at the 6 September 2011 hearing before the Court of Assizes of Appeal of Perugia.)

The same investigative method was also suggested by the consultant of the Prosecutor in relation to the interpretation of the genetic profile of the markers located on the Y chromosome of trace 165B. Here again, all alleles with RFU>50 were considered, giving the following table:



[246] On the basis of the data in the above table, applying the method of statistical calculation indicated above, Prof. Novelli estimated the probability of a chance inclusion of a random person from the population in the mixed profile, together with the chance compatibility of this random individual with the major contributor to the Y chromosome, as about 1 in 3 billion.”

He upholds that the Forensic Police, aside from some human error, acted correctly and dismissed defence claims that Stefanoni had withheld raw data, and as claimed by ‘the experts’, citing documentary proof the information had been deposited.  Nencini reinstated the convictions, 31 January 2014, and dismissed the claim of contamination.

The sample on the knife ‘the experts’ had claimed was ‘starch’ and ‘too low LCN’ was successfully tested and found to be that of Amanda Knox.  None of this is mentioned by Vecchiotti & Conti in the film and nor do the film makers point it out, leaving their audience to believe ‘the experts’ claim of ‘contamination is proven’.

A key finding was that Professors Novelli and Torricelli had already been the target of the criticisms raised specifically by Prof. Adriano Tagliabracci, technical consultant for the Sollecito defense, at the first instance trial court, and thus was a matter settled (res judicata).

This is important to note, for Marasca later describes Tagliabracci in glowing terms as ‘world renowned’ when he reinstates the Hellmann findings in this matter, at the next level.  Nencini observes, ‘Finally, it is observed that Prof. Tagliabracci’s criticism is founded on an unproven and unprovable suspicion, namely that the biologist doing the work being already in possession of reference samples supposedly used the “suspect-centric” method.’

Nencini also found that the second instance [Hellman] court undervalued the fact that the tests carried out took place during the preliminary investigation [of which the Defence was notified and had the right to attend], that at the time of those tests, there were no objections concerning the sampling and laboratory activity, nor was a pre‐trial hearing requested regarding the testing, all of which proves agreement with the [laboratory] procedures.



Nencini

Was There Contamination?

There were NO full male DNA profiles on the bra, apart from Sollecito and Guede’s.

Vecchiotti and Conti, significantly, in the film, try to detract from this highly incriminating scientific fact, by making reference to everyday dust fragments, as if that could possibly account for it.

The assertion by Conti in the film that ‘a crime scene must be kept sterile,’ is meaningless for there are many environmental pollutants at every crime scene.

The expert witness testimony of Professor David Balding, to the court is as follows, and who, until October 2009 was Professor in Statistical Genetics at Imperial College, London, where he still retains an affiliation as Visiting Professor. He is an editor of the Handbook of Statistical Genetics.

“Sollecito’s alleles are all represented and these generate the highest peaks, but there are some low peaks not attributable to him; so at least one of the additional contributors of low-level DNA to the sample was male.”

“They correctly criticised the scientific police for ignoring these: many do appear to be stutter peaks which are usually ignored, but 4 are not and definitely indicate DNA from another individual.  The extra peaks are all low, so the extra individuals contributed very little DNA.

That kind of extraneous DNA is routine in low-template work: our environment is covered with DNA from breath and touch, including a lot of fragmentary DNA from degraded cells that can show up in low-template analyses.  There is virtually no crime sample that doesn’t have some environmental DNA on it, from individuals not directly involved in the crime.

This does create additional uncertainty in the analysis because of the extra ambiguity about the true profile of the contributor of interest, but as long as it is correctly allowed for in the analysis there is no problem - it is completely routine.” (David Balding).

“in some cases we have peaks that correspond to a fourth person.”

“The fourth person is not Guede, it seems. This mystery fourth person hasn’t been mentioned much. (Luciano Garofano, Darkness Descending).

“But because Sollecito is fully represented in the stain at 16 loci (we still only use 10 in the UK, as the legal threshold, so 16 is a lot), the evidence against him is strong.”

“In this case all the peaks associated with Sollecito seem clear and distinct so I think there can be no concern about the quality of the result as far as it concerns him or Kercher.”

The Italian Scientific Police follow the guidelines of the ENFSI - the European Network Forensic Science Institutes. Dr Stefanoni observed that they followed these specific guidelines whereas Conti and Vecchiotti basically picked and mixed a random selection of international opinions:

“We followed the guidelines of the ENFSI, theirs is just a collage of different international opinions”.

In other words, Conti and Vecchiotti were not referring to the specific guidelines and recommendation of one particular international forensic organisations despite giving that impression at the appeal in Perugia.

They cited a number of obscure American publications such as the the Missouri State Highway Patrol Handbook and Wisconsin Crime Laboratory Physical Evidence Handbook. The Italian Scientific Police are under no obligation to follow the DNA protocols of the Missouri State Highway Patrol and Wisconsin Crime Laboratory.

Professor Novelli also pointed out that contamination has to be proved:

“The contaminant must be demonstrated, where it originated from and where it is. The hook contaminated by dust? It’s more likely for a meteorite to fall and bring this court down to the ground.”

Professor Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it. Professor Novelli analysed the series of samples from all 255 items processed and found not a single instance of contamination, and ruled out as implausible that a contaminating agent could have been present just on one single result.

Back in 2008 pre-trial there was an independent review of the forensic evidence.

Dr Renato Biondo, the head of the DNA Unit of the Scientific Police, reviewed Dr Stefanoni’s investigation and the forensic findings. He testified at Rudy Guede’s fast-track trial in October 2008 and confirmed that all the forensic findings were accurate and reliable. He also praised the work of Dr. Stefanoni and her team.

“We are confirming the reliability of the information collected from the scene of the crime and at the same time, the professionalism and excellence of our work.”

So thus we have a pointer as to why Conti introduced his presentation by claiming ‘DNA is spread like dust.’

To the bottom line, then, WAS there any possibility of contamination, as Vecchiotti and Conti are now claiming in the film?

    1. Conti and Vecchiotti didn’t prove there had been any contamination. Judge Chieffi pointed this out.

    2. Conti and Vecchiotti lied to the appeal court - Judge Nencini pointed this out - and they didn’t test the DNA sample despite the fact they were specifically instructed to do so.

    3. Numerous DNA experts believe the bra clasp is strong evidence - Professor Balding, Professor Novelli, Luciano Garofano, Professor Torricelli and Dr Biondo.

    4. It’s impossible that the knife was contaminated.

    5. There is no universally accepted DNA standards for collecting and testing DNA evidence. DNA protocols vary from country to country.

    6. Conti and Vecchiotti cited obscure sources, They didn’t refer to the specific guidelines of an international forensic organisation.

    7. Conti and Vecchiotti excluded contamination in the laboratory.

    8. The defence experts had no objections when the DNA evidence was tested.

    9. Vecchiotti made calamitous errors in other cases and her lab was closed down.

    10. Does anyone really believe Sollecito’s DNA floated on a speck of dust under Meredith’s door and landed on the exact part of her bra clasp that had been bent out of shape during the attack on her?

The Marasca-Bruno Supreme Court (Final)

In the final Marasca-Bruno Supreme Court appeal, the short-form provisional 48- page reasoning from March 2015, the guilty verdicts as upheld by Massei and Nencini are overturned, and Vecchiotti & Conti‘s report reinstalled.

“The second reason [the first reason being: The first reason challenged the violation and inobservance of the criminal law], highlights a problem of great relevance in the circumstance of the present judgment, that is the right interpretation of the scientific examination results from a perspective of respect of the evaluation standards according to article 192 of the criminal procedural code and the relevance of the genetic evaluation in the absence of repeatable amplification, as a consequence of the minimal amount of the sample and, more generally, the reliability coefficient of investigations carried out without following the regulations dictated by the international protocols, both during the collecting phase and the analysis.

Particularly, anomalies were challenged in the retrieval of the knife (item 36) and the victim’s brassiere hook, which do not exclude the possibility of contamination, as correctly outlined in the Conti-Vecchiotti report, ordered by the Perugian Court of assizes, which also notified the unreliability of the scientific data, precisely because it was not subject to a further examination.

It was also denied that the retrieved knife would have been the crime weapon.”

Thus, we see the First (Chieffi) Supreme Court Chambers directly challenged by the Fifth Chambers and the criticisms of Vecchiotti and Conti swept aside, as though they had never happened.

Judges Marasca & Bruno write:

‘In fact, no trace of Sollecito was found in the room of the murder. The only element of proof against him was represented by the DNA trace retrieved on the brassiere hook of the victim; trace of which relation with the indicted was actually denied by the Vecchiotti-Conti report, which, in this regard, had accepted the observations of the defense advisor Professor Tagliabracci, world-renowned geneticist.’

It further states:

‘12) Also erroneous was the interpretation of the results of the genetic evidence on item 36) …[…]

14) Obvious also was the flawed reasoning on the results of the genetic investigations on the bra hook, …[…]…

With regard to the possible contamination of the item, the appeal judges overlooked the photographic material placed before the court, which clearly demonstrated the possible contamination, regarding the way the hook was treated, with a “hand to hand” passage carried out by persons who wore dirty latex gloves.

Furthermore, a second amplification was not carried out on the hook …[…]… With regard to this, the objections by the defense and the contrary conclusions of the defense adviser professor Tagliabracci, were not considered.’

In other words, the DNA evidence for the knife and the bra clasp is completely dismissed.  We see no proper rationale by Judge Marasca, just a few handfuls of abstractions along the lines of Conti’s famous, ‘Anything is possible.’

It takes on board Gill’s theories of ‘secondary’ and ‘tertiary’ transfer of DNA, when Gill himself appears to have overlooked that he himself wrote, that ‘this is highly improbable after 24 hours have passed’.

If Marasca’s rulings are considered bizarre, then light is shed when one realises that Bongiorno, for Sollecito, was given NINE times longer to present her appeal than any of the other parties, so it is fair comment to assume its reasoning is based on Bongiorno’s appeal points.

Nobody from either the Perugia or Florence prosecution teams was even present.

In addition, her 306 page appeal was appended with Gill’s advocacy report. Gill was never cross-examined.

The resuscitation of the hitherto presumed decaying corpse of Vecchiotti & Conti is remarkable, given the cadaver of their report to Hellmann was picked raw, first by the First Chambers Supreme Court (Chieffi) and then Judge Nencini.

Vecchiotti and Conti have risen like Lazarus from a car crash, shrouded in the malodorous cloth of something fishy.



Hampikian

How the ‘Heist’ was pulled off.

Andrea Vogt wrote of the Marasca reasoning:  ‘In my opinion, their report is superficial at best and intellectually dishonest at worst, when even the most minimal amount of Quellenkritik is applied’.

Andrea Vogt writes an incisive analysis of the US influence on the C&V reports, which I cannot better here, so do read it for yourself.

However, I will repeat her prophecy, ironic in hindsight:

“If Knox is acquitted at the end of this month, the quiet American hand in her forensic defense will be heralded as the turnkey that made the ultimate difference in her case. But if she is convicted, there are legitimate questions to be asked about exactly what public resources were spent on this international defense.”

Vogt uncovered what appears to be a whole secret network that she was unable to penetrate through the fog of Freedom of Information law, which enabled Hampikian to claim ‘trade secrets’ as a project of Boise University, where his laboratory is based, to evade the question of, ‘Who was funding his Amanda Knox advocacy work?’

If then it is clear beyond any reasonable doubt that both Meredith’s and Sollecito’s DNA is strong and background contamination ruled out by the trial courts, why then does the film revisit the discredited testimony of ‘court experts’ Vecchiotti & Conti?

We can link this back to the film makers own self-professed strong pro-Knox beliefs in her innocence.  Thus we have come full circle.

The defence managed to convince the now expunged Hellmann court to appoint ‘independent experts’; the Chieffi Supreme Court ruled that, whilst this was within Hellmann’s remit, he did not provide adequate reasoning for doing so. 

Vecchiotti & Conti, remarkably, in their report, relied heavily on US standards, thus making the straw man claim that Italy hadn’t followed them, notwithstanding their strong academic and legal background in Italy.  This therefore cannot have been due to ignorance, so we have to point to their own volition to be influenced strongly by Knox-advocates.

For example, Hampikian, funded by Boise University grants and protected by a blanket of secrecy, citing ‘trade secrets’ when journalist Andrea Vogt requested information under the Freedom of Information statutes.

In addition, Bruce Budowle, a more conservative ex-FBI forensic expert, was heavily relied upon, together with peers Gill, et al.  It was at this stage Gill may have got roped in.  His later book draws on Vecchiotti &Conti’s Hellmann’s Report.

Thus, we see a band of pro-Amanda Knox advocates determined to influence the so-called ‘independent’ experts, even when both Hampikian’s and Budowle’s reports were rejected as depositions by the courts.  Even when ‘the experts’ were spiked by the Chieffi Supreme court, Hampikian was still averring, ‘I am involved in the Amanda Knox case’.

Friends of Amanda Knox even today lovingly quote Hellmann despite his de facto ex-communication from the judiciary.  Little surprise we see the film makers eager to include Vecchiotti and Conti, who made it all possible for the birds to fly.

On the subject of Dr Peter Gill, who is widely regarded as having influenced the Fifth Chambers, via Bongiorno’s Appeal, to which his theories were attached, is now drawing on Vecchiotti and Conti as his main source, so we have a case of the experts’ racing car, as it were, driven by the man referred to devoutly by the defence as ‘the father of forensic science’.

Dr Naseer Ahmed of PMF.net was moved to comment:

– A look at his sources show that the chapter on Meredith Kercher was directly influenced by the Conti-Vecchiotti report.

– He argues contamination, but doesn’t prove a path of transmission.

– He cites papers on secondary transfer of DNA, but misses the point his suggested routes, RS>door handle>investigator’s latex glove>bra clasp is tertiary transfer.

– He argues the low cell count of Meredith’s Kercher’s DNA on the knife suggests contamination without considering that rigorous washing with household bleach might degrade it. (Yet miraculously those cells did provide a full match with Meredith’s DNA)

– The shoe box belonging to Meredith story has been shot down.

– He clearly has not read Inspector Gubbiotti or Finci’s testimonies, which removes all possible paths of ‘innocent transfer’.

– Reading the actual research papers he cites, there is no way that such significant amounts of DNA could actually transfer to the bra clasp.

– He did not review Patrizia Stefanoni’s Scientific Report or any of her notes, instead relying on the IIP translated C&V report and Hellmann decision.

– He refers to the Meredith Kercher wiki, but never even looked at the DNA segments which would have alerted him to problems with the C&V report.

– He may have had indirect input from Sollecito’s first DNA expert, Vincenzo Pascali, and Carla Vecchiotti, but does not seem to know of Vecchiotti’s colorful record of falsifying evidence.

Last, and worst of all, he did not refer to the Supreme Court decision annulling Hellmann even though the translation was widely available almost ten months before his book was published.

There is no way he could not have known this, since we had been in contact with him since earlier this year. It is unconscionable that he chose this route to promote his theories. Elsevier under its new ownership and editorial policies seem to have allowed any number of self-published books to be written.

If Professor Gill had written a scholarly text book it would have to be reviewed by an editorial board and sent for peer review, which might have led to professional experts critiquing and hopefully pointing out his errors.

Instead, he wrote a slim, unreviewed ‘popular’ book to promote his own theories, which, embarrassing perhaps for him, is being critiqued and torn apart by lay persons, ahem.

Misleading DNA Evidence – Reasons for Miscarriages of Justice, Peter Gill, Academic Press.  Quote:

Recommendation 1: The expert should provide the court with an unbiased list of all possible modes of transfer of DNA evidence (pg 20).”

The irony is not lost.



Gill

My Main Sources:

Thanks to Naseer Ahmed and The Machine, for the section on ‘Contamination?’

The Machine’s analysis of 50 of the most common myths still promoted.

The Meredith Case Wiki

The Perugia Murder File Forum (Net Version)

The Nencini Sentencing Report.

The Chieffi Sentencing Report.

The Massei Report.

The Marasca-Bruno Report:

My thanks to the wonderful translators and everybody who helped me with material.


Tuesday, October 11, 2016

Netflixhoax 11: Omitted - How Italian Justice Is Misrepresented By Multiple Cherrypickings Of Facts

Posted by Swansea Jack


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.



Quote: “The media is the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that’s power. Because they control the minds of the masses.”  Malcolm X

We live in a society where I believe I’m justified in saying a majority of people are easily swayed by the material they see on TV or read in the newspapers.

Recently I have witnessed a mass of new posters on Twitter and other social media forums who after watching the Amanda Knox Netflix documentary have formed a cast iron, unshakable opinion on the case.

It is clear after engaging with them very briefly that they frankly have very limited knowledge and understanding of the facts relating to the murder of Meredith Kercher.

I will credit the producers of the documentary Blackhurst and McGinn on what I consider to be a quite clever (but ever so sneaky) disguising of their absolute bias towards Amanda Knox which will not be evident to those who are not acquainted with the case.

They have obviously correctly banked on the ignorance of the majority of their audience.

I get the impression that Nick Pisa is used as a “filler” and a distraction. I come to this conclusion as I feel the producers would be hard pushed to make a 90 minute documentary, favourable to Knox, while addressing the real facts of the case without getting themselves into serious legal trouble.

I also know from first-hand experience that it is a long-term strategy of Knox and her little band of PR hate-mongers to vilify others, in order to distract attention away from the real villains.

It is my impression that the intended main target for vilification was Perugian Prosecutor Giuliano Mignini.

But try as they might, even with their selective editing, they could not produce enough material to achieve their goal due to Mignini’s humility and integrity.

For me personally the documentary raised a few questions which I will share with you.

We have Knox herself stating words to the effect of “either i am a psychopath, a Wolf in sheep’s clothing or I am you” Well she certainly isn’t me or anyone else, she is her, so is this an involuntary but frank admission?

The documentary shows a clip of Diane Sawyer’s interview with Knox in which Amanda is asked “Were you there that night?” She replies “No” but nods yes.

It is my opinion that Knox gets a real power kick out of the notoriety afforded to her and revels in the “Did I or didn’t I” mystery.

She then goes from being the wolf in sheep’s clothing to being a “Warrior Princess like Xena”. An ultimate and powerful fantasy figure.

Knox maintains that she was at Sollecito’s address at 110 Corso Garibaldi watching Amelie at the time of Meredith’s murder.

Not even Raffaele supports this version of events.

It begs the question why Blackhurst and McGinn have omitted the fact that Marasca and Bruno who acquitted the pair state in their motivation report “her (Knox) presence inside the house, the location of the murder, is a proven fact in the trial.”

The acquitting Judges go on to explain their reasoning that Knox was the first person to offer a sexual motive before there was any cadaver or autopsy reports available.

They also make mention of Amanda’s description of “the victim’s terrible scream” which was confirmed some time later by witnesses Nara Capezzali, Antonella Monacchia and others.

How could a person who wasn’t present know these details of the crime?

Knox goes on to describe an idyllic evening, smoking pot and making love, yet makes no mention of who was listening to music on Sollecito’s computer at 05:32 in the morning, a time when both Knox and Sollecito claim to be blissfully sleeping.

Knox can’t comprehend why there is a knife with her DNA on the handle and Meredith’s DNA on the blade.

There is no mention in the documentary of Amanda’s recorded prison conversation with her parents in which she says “I am very worried about this thing with the knife, because there is a knife of Raffaele’s” (*Reference Massei report page 292.)

Neither do they address Sollecito’s claim that the reason Meredith’s DNA is on the blade is because he “accidentally pricked her while cooking.”

He later admitted this was a total fabrication, Meredith had never attended his home.

Knox claims that she accused Diya Lumumba after long hours of questioning. Yet we know that due to the time recorded on her signed voluntary statement that she had fabricated a story swapping Guede for Lumumba in under 2 hours.

She only did so upon learning Sollecito was no longer supporting her alibi.

There is no mention in the documentary that Amanda had provided Diya Lumumba’s name to Rita Ficarra in a list of persons of interest prior to learning Raffaele was not corroborating her version of events.

There is no mention of the sample of Knox’s blood recovered from the faucet of the bathroom she shared with Meredith which Amanda herself dated in her court testimony to the night of Meredith’s murder.

There is no mention of the mixed DNA sample of Knox and Meredith, recovered from a luminol revealed bloodstain in Filomena Romanelli’s room. This is where the alleged point of entry for the burglary occurred. It is worth noting there is no biological trace of Rudy Guede in this room.

Addressing the bra clasp, the Netflix documentary fails to address the fact that the only other sample of Sollecito’s DNA identified in Via Della Pergola 7 was on a cigarette butt in an ashtray in the kitchen. This was a mixed sample containing Raffaele and Amanda’s DNA.

The documentary emphasises the farcical views of the so called “independent experts” Stefano Conti and Carla Vecchiotti. It fails to mention that Vecchiotti confirmed that contamination at Dr Patrizia Stefanoni’s laboratory was not possible if there was a six day gap in the testing of materials during cross questioning at the Hellmann appeal hearing.

    PROSECUTOR COMODI: “Is six days a sufficient interval to rule out contamination?”

    CARLA VECCHIOTTI: “Yes absolutely”

Neither do they address Conti’s explanation (or lack of) as to how and why Sollecito’s DNA was located on the hook of Meredith’s bra clasp

    PROSECUTOR COMODI: “How would Sollecito’s DNA accidentally arrive on the hook of Meredith’s bra?”

    STEFANO CONTI: “Anything is possible”

During his input in the documentary Conti implies that DNA is easily transferable, he gives an example of running his fingers along his arm and magically shedding DNA.

If this is the case I would like to pose a few of questions to him.

1, Why is the only other sample of Sollecito’s DNA located on a cigarette butt in the kitchen?

2, Why is there no genetic trace of Guede in the small bathroom or in Filomena Romanelli’s room?

3, Can you provide a figure for the statistical probability of Sollecito’s solitary sample of DNA (other than the mixed trace on the cigarette butt) innocently finding it’s way on to Meredith’s bra clasp?

Blackhurst and McGinn predictably make use of Rudy Guede’s Skype conversation with Giacomo Bendetti in which he states Knox wasn’t there, yet do not address the letter Guede wrote to his lawyers in which he refers to “a horrible murder of a splendid, beautiful girl that was Meredith by Raffaele Sollecito and Amanda Knox”

Why have the documentary makers chosen to ignore so very many facts?


Saturday, October 08, 2016

Netflixhoax 10: Omitted - How Amanda Knox Falsely Accused Dr Mignini Of A Felony

Posted by Peter Quennell


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.


1. The 2009 Trial Verdict Was Exactly Right

The 2009 prosecution phase was as perfect as any Italian prosecution heard in court. 

This phase from January to June was fast and implacable, about as forceful as a high-speed train. Amidst so much that damned, days of largely unchallenged police testimony for example proved that Knox framed Patrick only because Sollecito sold her out.

Nothing else. He said she had made him lie, and never wanted to see her again, and he and Knox never got back to one narrative theme.

Knox on the witness stand in June was a wince-making disaster - this tough sarcastic rather thuggish girl claiming “the cops were meanies to fragile little me” did not exactly ring true.

The defense lawyers never ever recovered from that and we expected at least two to simply walk off. Late in the trial Sollecito lawyer Maori sarcastically said Knox had been high on cocaine (we believe that is true) as barb after barb was exchanged.

Remember that the Massei court was the only one to see all of the massive evidence.  That included days and days of autopsy-related evidence in closed court with both the perps being closely observed throughout.

And that jury got the verdict and sentence exactly right. Knox and Sollecito should indeed be serving their time as in the US or UK they would. 

So. Why did the two ever get released? Simple. Gaming of the Italian justice system to produce two bent appeals.

The 2011 appeal court was bent when the defenses got the Umbria region’s top criminal judge blatantly forced aside in favor of a semi-senile business judge absolutely at sea on the law.  Additionally his “independent” DNA experts were cherry-picked for him.

The 2015 Supreme Court was bent by way of known mafia connections and of the blatant breaking of Italian appeal law. Italian law enforcement never talks about mafia investigations before some bad guys are locked up, but one day the whole story should be widely known. We know much of it now.

2. Thirty PR Hoaxes To Make You Ignore The Above

Check out the 30 PR Hoaxes in our right column, or better still, wait a few days, and we will open a new page summarizing each hoax. What the Netflix hoaxers have done is to pick up a few of those hoaxes, and run with them in a mocking, sneering tone.

Hence the mocking, sneering tone of many ill-researched movie reviews.

The best way to annihilate the Netflix slant is to fully comprehend each hoax they used. One major hoax is that the synthetic Knox you see now is the real-life Knox around the time of the crime and at trial through 2009.

We can show that back then Amanda Knox was a loose cannon - and widely seen as such.

Another major hoax Amanda Knox herself advances in the film is that she was yelled at and abused by cops on 5-6 November 2007 over a long time. And so, desperate, she fingered as the real killer Patrick Lumumba.

Believe her? We address this question to Knox herself about the “interrogation” as described in her book six years later. Let us see if her response (if any) makes her look like someone you can blindly trust.

We will also post more later to destroy the interrogation hoax.

3. Question For Knox About Her “Interrogation”

Here is how you describe in BOTH editions of your book (2013 and 2015) a supposed interrogation by Prosecutor Mignini at your first (witness) interview. Below the quote, we describe what everyone else present says took place.

[This is the voluntary witness interview.] Eventually they told me the pubblico ministero would be coming in.

I didn’t know this translated as prosecutor, or that this was the magistrate that Rita Ficarra had been referring to a few days earlier when she said they’d have to wait to see what he said, to see if I could go to Germany.

I thought the “public minister” was the mayor or someone in a similarly high “public” position in the town and that somehow he would help me.

They said, “You need to talk to the pubblico ministero about what you remember.”

I told them, “I don’t feel like this is remembering. I’m really confused right now.” I even told them, “I don’t remember this. I can imagine this happening, and I’m not sure if it’s a memory or if I’m making this up, but this is what’s coming to mind and I don’t know. I just don’t know.”

They said, “Your memories will come back. It’s the truth. Just wait and your memories will come back.”

The pubblico ministero came in.

Before he started questioning me, I said, “Look, I’m really confused, and I don’t know what I’m remembering, and it doesn’t seem right.”

One of the other police officers said, “We’ll work through it.”

Despite the emotional sieve I’d just been squeezed through, it occurred to me that I was a witness and this was official testimony, that maybe I should have a lawyer. “Do I need a lawyer?” I asked.

He said, “No, no, that will only make it worse. It will make it seem like you don’t want to help us.”

It was a much more solemn, official affair than my earlier questioning had been, though the pubblico ministero was asking me the same questions as before: “What happened? What did you see?”

    I said, “I didn’t see anything.”

    “What do you mean you didn’t see anything? When did you meet him?”

    “I don’t know,” I said.

    “Where did you meet him?”

    “I think by the basketball court.” I had imagined the basketball court in Piazza Grimana, just across the street from the University for Foreigners.

    “I have an image of the basketball court in Piazza Grimana near my house.”

    “What was he wearing?”

    “I don’t know.”

    “Was he wearing a jacket?”

    “I think so.”

    “What color was it?”

    “I think it was brown.”

    “What did he do?”

    “I don’t know.”

    “What do you mean you don’t know?”

    “I’m confused!”

    “Are you scared of him?”

    “I guess.”

I felt as if I were almost in a trance. The pubblico ministero led me through the scenario, and I meekly agreed to his suggestions.

    “This is what happened, right? You met him?”

    “I guess so.”

    “Where did you meet?”

    “I don’t know. I guess at the basketball court.”

    “You went to the house?”

    “I guess so.”

    “Was Meredith in the house?”

    “I don’t remember.”

    “Did Patrick go in there?”

    “I don’t know, I guess so.”

    “Where were you?”

    “I don’t know. I guess in the kitchen.”

    “Did you hear Meredith screaming?”

    “I don’t know.”

    “How could you not hear Meredith screaming?”

    “I don’t know. Maybe I covered my ears. I don’t know, I don’t know if I’m just imagining this. I’m trying to remember, and you’re telling me I need to remember, but I don’t know. This doesn’t feel right.”

    He said, “No, remember. Remember what happened.”

    “I don’t know.”

At that moment, with the pubblico ministero raining questions down on me, I covered my ears so I could drown him out.

    He said, “Did you hear her scream?”

    I said, “I think so.”

My account was written up in Italian and he said, “This is what we wrote down. Sign it.”

So you choose to portray yourself as reluctant to talk at all? While Dr Mignini relentlessly edges you more and more into saddling Patrick with the blame? While you have no lawyer there?

In fact, as you well know, every word of that dialogue is made up. You invented it. Dr Mignini was not even there. Right then, he was home in bed.

Now we contrast this malicious figment of your imagination with the account of that night by many others who were present at various times. Even you yourself essentially agreed to this narrative at trial, with the one exception that the slaps to your head that several observed were by you were actually by someone else.

Feel free to tell us where we have got this wrong:

1. You insist on being around in the central police station despite being grumpy and tired while Sollecito helps investigators to check a few claims.

2. After a while an investigator, Rita Ficarra, politely invites you to help build a list of names of men who might have known Meredith or the house. She is somewhat reluctant as it was late and no interpreter was on hand. You quite eagerly begin. An interpreter is called from home. You calmly produce seven names and draw maps.

3. Sollecito breaks suddenly and unexpectedly early in his own recap/summary session when confronted with phone records which showed he had lied. He quickly points the finger at you as the one having made him lie. You are briefly told he is saying you went out.

4. You break explosively soon after when an outgoing text shows up on your phone after you had claimed you sent none. You slap your head. You yell words to the effect that Patrick is the one, he killed Meredith. Police did not even know of the existence of Patrick before you identified the text as to him.

5. Thereafter you talk your head off, explaining how you had overheard Patrick attack Meredith at your house. The three ladies present and one man do what they can to calm you down. But you insist on a written statement, implicating him, and stating you went out from Sollecito’s alone.

6. This from about 2:00 am is the state of play. You are taken to the bar for refreshments and helped to sleep. You testify at trial that you were given refreshments, and everybody treated you well.

7. As you had admitted being at the scene of a crime you had not reported, you had in effect admitted to a crime, so a legal Miranda-type caution is required saying the signee understands they should not talk without a lawyer, and if they do talk that can be used as evidence in court.

8. Dr Mignini, the on-call duty judge for that night, is by multiple account, including your own at trial, not present at that list-building session with Rita Ficarra, and in fact knows nothing about it until Rita Ficarra closes it down. He comes from home.

9. Dr Mignini reads you your rights. You now sign acknowledging you know you should not talk unless your lawyer is there. Dr Mignini asks you no questions. He is anxious to get the session over so he can get on to the task of pulling Patrick in. You yourself shrug off a lawyer and repeat your accusation and insist on a new written statement. Though you are again warned, you see it done.

10. Under Italian law that second statement could and should have been used against you, but the Supreme Court denied its use except against Patrick. Dr Mignini has said he thinks that was wrong in law but did not appeal.

Really a very simple chain of events, which was attested to at trial by all of those who had been present on the night, even including yourself.

There are no signs at all in anyone else’s description that you were leaned on by anybody, and nobody at the central police station had the slightest vested interest in making you into a target that night.

So where precisely does this new claim in your book and the Netfllix film of an illegal interrogation by Dr Mignini fit in? Now would seem a very good time to simply admit it is a hoax. Remember all courts saw it as such.


Wednesday, October 05, 2016

Netflixhoax 9: 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.


Wednesday, September 28, 2016

Netflixhoax 7: Omitted - The Almost Unique Carefulness Of Italy’s Justice System

Posted by The TJMK Main Posters



Bigotry for fame and profit: Stephen Robert Morse, Rod Blackhurst, and Brian McGinn

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.


1. Wrong “facts” and numerous omissions

As first explained previously in this series the very loaded Netflix report Amanda Knox included some seriously wrong “facts”.

Here is another of them.  The HIV Hoax. Italian doctors did NOT fool Knox about a possible HIV positive; they told her in confidence not to worry, they would retest (a common practice in HIV testing) and that test soon came back negative.

NOBODY in the justice system leaked about this. The leak to the media complete with Knox’s list of recent sex partners was blatantly and well-recordedly made by the Knox-Mellas defense team. Even several of us were leaked-to - this was months before we got a grip on the case.

We shall be deconstructing the various wrong “facts”.

But mainly though the film operated at the level of cut-and-paste innuendo. And it banked on the extreme ignorance of its audience.  Hundreds of inconvenient facts were omitted, any few of which would have disrupted its propaganda purpose.

We shall be adding in the numerous omissions.

2. The report’s macro-level takeaways

About 50 movie reviewers so far have mostly declared these to be their main takeways.

    (1) A muddled or desperate or evil Dr Mignini framed Knox and fooled his co-prosecutor, numerous experts, 30-plus judges, and most of Italy.

    (2) The justice system of Italy is a dangerous error-prone joke, but thankfully some much smarter Americans are here, to save silly Italy from itself.

    (3) Somehow a few BRITISH tabloids influenced an ITALIAN jury to vote “guilty” and the damning prosecution case the hapless defenses did not once dent in 2009 was immaterial.

All three of them are untrue. We’ll take a first stab at correcting for them below, with much more to come.   

(1) The REAL Dr Mignini

He framed Knox? On this there is vast evidence to the contrary. Dr Mignini has already explained some and we have much more to come. Dr Mignini had no motive, early on he was pretty good to Knox, and the checks and balances against any such hoax are simply enormous.

Ask yourself, why would a prosecutor intent on framing Knox do this recorded interrogation?

In fact he did it as a favor to Knox, because she asked him for it. She asked also for the interrogation at trial. Those were the ONLY two interrogations of Knox. Both damning. There were no others, ever.

In both of them, Knox by her own tongue dropped herself in it, far more than any police or prosecutor ever did. The second had a major effect on the jury (and on Italy).

In that same post we pointed to two of the Netflix team’s numerous self-serving omissions.

(1) [The movie]  appears to accept that innocence was proved and that Knox and Sollecito had zero role. That was not what the Supreme Court said. [See Dr Mignini’s final paras.]

(2) Italian lawyers think the Fifth Chambers ruling may have been illegal as well as bent. The reasoning can be read here. That is headed to court soon.


(2) Italy’s REAL justice system

Pretty well the exact opposite of what you’d suppose if you read only Michael Heavey and Frank Sforza and Paul Ciolino and Bruce Fischer and John Douglas and Saul Kassin and Steve Moore and of course Doug Preston and the late Mario Spezi. Read only them, and one might be excused for thinking Italy’s is a huge, horrible system which the Italian population desperately needs THEM to save it from! Bigotry for fame and profit.

A total illusion, which Morse, Blackhurst, and McGinn now want you to swallow. Bigotry for fame and profit.

The main characteristics of the Italian system are (1) a large and visible national and local police presence with excellent forensics labs, (2) a low crime rate even by European standards, and even more-so by American standards, and (3) a very low rate of incarceration that is only 1/6 the rate of the US.

The system is immensely careful and with two AUTOMATIC rights of appeal for convictions for serious crimes the chances of a false conviction standing are zero. Compare this with thousands uncovered in the US. The vast wave of appeals has clogged the courts and right now Parliament is trying to reverse this. 

Appellants have a huge advantage which makes it easy for them to game this system: the prosecution presents their case ONLY at trial. Then seasoned defences can game bewildered prosecutors at higher levels.

Officially the US knows all of this. It has much to gain politically from Italian co-operation and works very hard on their functional relationships. The FBI and the Italian equivalent embed one another’s officers in Rome and Washington, aid one another’s labs, share huge amounts of information, mutually take down mafia, and organize dozens of extraditions annually.

Almost all prosecutors are highly-trained by career-path; the only three who were not in this case (Judges Hellmann, Marasca and Bruno) and sprung Knox and Sollecito are all believed to have been corrupted.

Finally, the mafias and fellow-travelers work hard to smear police and prosecutors (as well as assassinating them, over 100 now). In this respect the Knox PR has wittingly or unwittingly been functioning as an arm of the mafias. Bongiorno, substituted for the hapless Sollecito PR which cost Vanessa her Carabinieri post, became famous for mafia defenses.

The 20 posts we link to below go deeper. You might read at least the headlines and the quotes below. That Italy’s is a pretty good system should be compelling.


1. Click here for post: How Italian Justice REALLY Works

Comparing the US and UK common law system - a model founded on non-written laws and developed through judicial proceedings - with this system which arose from the Roman Law model - based on a written civil code - is really like comparing apples to oranges.

They were both conceived to protect individual’s rights at a maximum level, while seeking justice for the victims. But with entirely different processes.

One is not necessarily better or worse. But there are legal experts who think the Italian system is distinctly fairer - much more weighted toward the defendants. In the US and the UK the prosecutor usually has to make it through only one pre-trial hoop. In Italy the prosecutor has to make it through a whole row of pre-trial hoops…

2. Click here for post:  Why The Prosecutors In Italy Are Relatively Popular

Italy’s a tough country with, albeit dwindling now, a legacy of violent crime, and many brave prosecutors over the years have been assassinated.

And the Italian legal system is not particularly weighted in their direction, with a large number of hurdles they have to climb over before a case ever gets to trial.

And the Italian prison system is relatively lenient, heavily pro-prisoner-remediation and early release, and proportionally only 1/10 the size of the US’s.

So the endemic attempts to undermine Prosecutor Mignini have invariably won only MORE popular support for him and his case in Perugia and Italy in general.

3. Click here for post:  Why The Italian Judiciary’s Probably Less Prone to Pressure Than Any Other In The World

Italian magistrates enjoy an extraordinary level of autonomy from the other powers of government (executive and legislative) and the point of this post is to explain why. This autonomy is above all due to the Italian constitutional framework.

That framework is intended to guarantee such an exceptional level of independence so as to avoid the abuses that occurred during Mussolini’s fascist regime, when Italian magistrates were forced by the executive to prosecute (and persecute) political opponents to the fascist dictator…

4. Click here for post:  Explaining How The Italian Appeals Process Works And Why It Consumes So Much Time 

The extraordinary broad appeal rights awarded by the Italian system are all part of the 1989 reform, which intended to add even more guarantees to the right of the accused. This has resulted in an incredible increase in pending cases in the overburdened Italian justice system….

This situation is exacerbated by the broad appeal rights guaranteed also on the 2nd level of appeal, at the Supreme Court of Cassation. Like other supreme courts around the world, such court does not re-examine the entire body of evidence, but only ‘errores in iudicando’ and ‘errores in procedendo’ (errors in procedure or application of the law).

However, unlike its American or English counterparts, the Italian Supreme Court cannot refuse to review a case, and defendants have unlimited appeal rights to the Supreme Court of Cassation. They don’t even have to wait for the Appeal Court. You can in fact appeal to the Supreme Court directly after the first trial. ...

5. Click here for post:  Barbara Benedettelli: Campaigner For Victims And Families Says Italian System Denies Them Justice

There are proportionally very few perpetrators in Italians prison by global standards, and when there in prison they are given quite a nice time, trained to perform usefully when released, and very often get out of prison early.

Seemingly very humane. But this does carry very high costs. There are often almost unbearable pressures on victims’ families, as Meredith’s father John Kercher has several times described. On top of all this, there is the growing western fascination with perps, and in many cases their elevating to popular cult-worship status.

Barbara Benedettelli is a writer and columnist and the editor of the popular “Top Secret” program on Rete4 TV…  Her latest book (only in Italian) is called “Victims Forever”. She talks of various prominent perps and the enormous and unrequiting pressures on victims’ families. In polls a large majority of Italians detest this. They want much less stress on “fairness” and MUCH more compassion for victims families and, if still alive, for the victims.

6. Click here for post:  Harvard Political Review Writer Alex Koenig Reproaches The Sliming of Italy’s Justice System 

The fact of the matter is, those that immediately claim that Knox was wrongly accused and jailed by a corrupt justice system make two extremely arrogant assumptions that reveal perverse American exceptionalism.

1) It is assumed that, as an American – an American woman no less – Knox is incapable of murder. This case differs, of course, from the 1,176 domestic murders committed by women because, well, who knows?

2) It is assumed that not only is the Italian justice system incapable of fulfilling its legal duties, but that the intentions of the court were swayed by anti-Americanism.

This is not merely an abstract sentiment, but was actually articulated by Senator Maria Cantwell (D) of my home state of Washington.

7. Click here for post:  Interesting Tilts Of Marcia Clark And Alan Dershowitz Toward Educated, Informed Italian-type Juries 

“[American] jury instructions are so numerous and complex, it’s a wonder jurors ever wade through them. And so it should come as no surprise that they can sometimes get stuck along the way. The instruction on circumstantial evidence is confusing even to lawyers. And reasonable doubt? That’s the hardest, most elusive one of all. And I think it’s where even the most fair-minded jurors can get derailed.”

“Well, if you want justice, don’t look to the criminal law system. That’s not its job. Its job is not to produce a just result. Its job is to produce a legally correct result…”

“We’ve opted for a much more democratic system, and it means that in the end you’re going to be dissatisfied with a lot of verdicts. Just don’t expect too much from our legal system. Don’t expect truth. Don’t expect justice, because that’s not what it’s supposed to give you.”

8. Click here for post:  The Chief Enforcer Of The Constitution And The Rule Of Law is Wildly Popular Throughout Italy 

He is said to receive dozens of petitions a day and in certain cases he does act to get things done. Significantly, two that he chose to ignore recently concerned the ongoing Sollecito-Knox appeal process.

Of two pretty blatant attempts to bias the Perugia process, one came from Joel Simon of the US-based Committee to Protect Journalists, and one came from the junior Berlusconi-party MP Rocco Girlanda.

President Giorgio Napolitano simply ignored both of them.

9. Click here for post:  Compared To Italy, Say, Precisely How Wicked Is The United States? 

We have often remarked that Italy’s crime rate is low, the three mafia families (Sicily, Calabria and Naples) are on the rocks, and the justice system is one of the most cautious - conviction rates are infuriatingly low for the suffering families of victims, but in a forgiving Catholic nation rates of incarceration are unlikely to jump any time soon.

The American incarceration rate in sharp contrast has for a decade led the rest of the world, and it increased every year for nearly 30 straight years from the arrival of President Reagan to the departure of President GW Bush. Its prison rate is ahead of Russia’s, with its mafias and corruption and poverty, and ahead of China’s, with its large population of political prisoners.

10. Click here for post:  Involvement Of The Formidable Carabinieri Shows How Italian Justice Will Not Be Leaned Upon 

Judge Nencini may have invoked the help of the Carabinieri for reasons going beyond simply very good science.

Italy has among the world’s lowest crime-rates, murder-rates and incarceration-rates. Unusually low criminal and anti-social tendencies among native-born Italians, and strong family pride, explains a large part of this.

But another main reason is the high-profile and exceptionally smart police presence. Deliberately a cool presence rather than a hot and intimidating presence, and in fact a very popular one

11. Click here for post:  Italy’s Unpopular Politicians And Mafia Fellow Travelers Against Italy’s Popular Justice System 

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.

12. Click here for post:  Italy’s Advanced, Effective, Humane Law & Order System Also Adopted By City Of New York

New York is now the safest big city in America. It is following a route that is not only almost identical to Italy’s - it is being watched and emulated elsewhere across the US….

Now that the United States has the world’s highest reported rate of incarceration, many criminologists are contemplating another strategy. What if America reverted to the penal policies of the 1980s? What if the prison population shrank drastically? What if money now spent guarding cellblocks was instead used for policing the streets?

13. Click here for post:  Italian Prime Minister Renzi Will Push Measures To Speed Up Justice 

In a move popular not least among those who are part of it Mr Renzi announces moves to speed up Italian justice.

Italian justice and those who work in it are widely trusted and respected in Italy. But a very humane system designed post WWII to give those accused a level of rights unique in the world has been even further tilted over the years by politicians passing laws to aid political and business colleagues in legal trouble.

14. Click here for post:  Why Numerous American JUDGES Favor The Supremely Neutral Italian Kind Of System 

See that above at the bottom of the YouTube screen? Some $280 million has been spent since the year 2000. Can you guess what the $280 million was for?

In fact the $280 million is funds raised and spent for judges’ election campaigns in the roughly 3/4 of all American states where such judges’ elections are held - the original intention of which was good: to get judicial choices out of smoke-filled rooms.

15. Click here for post:  Meredith May Not See Justice (Yet) But She Will Leave At Least Three Legacies 

Knox behaved grossly irresponsibly in heading to Perugia under-funded, intent on drug-doing, and with zero intention of seriously studying.

The University of Washington and many others realised they could have huge liabilities if they did not distance themselves a lot from such loose cannons in future.

In October 2009 we reposted this report by Andrea Vogt which described the initiation of measures many American universities have now come to implement….

16. Click here for post:  Counterterrorism: Another Way Italian Law Enforcement Is An Effective Model For Everywhere Else 

A leading military analyst is citing Italy as a model of counterterrorism done right, pointing out that despite many factors going against it, Islamic terrorists have failed to kill a single person on Italian soil.

17. Click here for post:  Italian Justice & The Telling Status Of Extraditions To And From Italy 

If countries agree to extradite to other countries, that suggests a high degree of trust in justice at both ends. They are in effect voting confidence in each other’s justice systems.

Italy achieves an exceptionally high rate of extraditions in both directions and continues to sign more bilateral treaties.

It is clearly trusted almost worldwide as a destination where those charged will receive a fair shake. And it is very no-nonsense about sending back fleeing felons who try to go to ground there.

18. Click here for post:  Knox’s Nasty-Prisons Hoax: NY Times Describes How Italy Leads The World In Rehabilitation 

Around five years ago, largely because of immigrant crimes, the prison population (previously below 100,000 - in the US, California prisons alone hold almost twice that) began to balloon.

New prisons were built, with no expenses spared, and in these images you can see the result.

Stories of extreme over-crowding have gone away, and the New York Times profiles the new prisons and their programs of today.

19. Click here for post:  How The Italian “Justice Tortoise” Is The Likely Winner Compared To For Example the US System 

Italy is working to try to update its justice system right now and we will report on that shortly. At least in theory, it has one of the easiest tasks in the world, because post WWII its legal system was redesigned from the ground up. It had already junked bad aspects, some going back centuries.

Italy already has some of the world’s smartest juries - jury service is compulsory, so smart people cannot dodge them. And the system already has some other very positive things going for it.

Mainly what is needed is some weeding. And such reforms are made easier in Italy because (1) judges and prosecutors all follow career paths and so they are not politically competing with one another;  and (2) there is the Council of Magistrates (CSM) which can be very progressive in the reforms it pushes at its level.

20. Click here for post:  So Where Would YOU Want To Go On Trial? In Italy Or In The U.S.?

We have still not seen even ONE American lawyer claim that after the first trial in 2009 which found RS and AK guilty that there were strong grounds for an appeal.

In the US, back in 2009, full prison terms would have been begun.

And in fact virtually nothing at the 2009 trial was challenged in the appeal. But the defenses subversively organized to get Civil Judge Hellmann instead of Criminal Judge Chiari to preside, and in 2011 a farcical “not guilty” outcome was the result.

Then there was a THIRD jury trial, in 2013-14, which (as so often in Italy) threw out the not guilty outcome of the previous appeal trial.

And finally, in 2015, due to more subversive defense machinations with a little mafia help, the final Supreme Court appeal was assigned to the FIFTH Chambers, for the first murder appeal that Chambers has ever heard.

A second farcical “not guilty” outcome was the result.

Say what you like about the American system, there is not remotely any parallel in its judicial history to all of that.  Quite the opposite in fact. We have had various posts pointing to an increasingly hard line in the US.


(3) British tabloids corrupted a jury in THIS system?

Subject of future posts. Check back shortly.


Monday, September 26, 2016

Netflixhoax 6: Omitted - Numerous Objective Facts In The TRUTHFUL BBC Report

Posted by The TJMK Main Posters

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.



This fine BBC production has been aired in many other countries. It is mainly Americans who have been prevented from seeing it.


Thursday, September 22, 2016

Harder & Harder & Harder To Claim No Evidence Or 2009 Jury Got The Verdict Wrong

Posted by azoza



A rough physical equivalent of our document library

Overview

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

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

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

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

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

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

You can see that logic strongly at work here.

Four search approaches

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

http://themurderofmeredithkercher.com/File_library:_Main_Page

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

The last branch will be done when uploads are complete.

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

http://themurderofmeredithkercher.com/File_library:_Master_list

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

http://themurderofmeredithkercher.com/File_library:_Files_by_type

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

http://themurderofmeredithkercher.com/File_library:_Court_motivation_reports

All court testimony PDFs are here:

http://themurderofmeredithkercher.com/File_library:_Court_testimony

All deposition and interrogation PDFs here:

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

http://themurderofmeredithkercher.com/File_library:_Reports

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

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

(4) By chronology pages organize files by date:

http://themurderofmeredithkercher.com/File_library:_Files_by_chronology

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

Important files:

Crime scene:

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

http://themurderofmeredithkercher.com/File_library:_Crime_scene_photos

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

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

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

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

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

Crime scene video is here:

http://themurderofmeredithkercher.com/File_library:_Crime_scene_videos

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

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

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

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

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

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

CCTV:

We have made films of CCTV capture:

http://themurderofmeredithkercher.com/File_library:_CCTV_videos

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

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

DNA:

We have DNA report complete and in color:

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

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

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

Egrams in color are here:

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

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

http://themurderofmeredithkercher.com/File_library:_Reports

UACV report:

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

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

More UACV materials are here:

http://themurderofmeredithkercher.com/File_library:_Presentations

Rinaldi & Boemia:

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

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

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

http://themurderofmeredithkercher.com/File_library:_Reports

Conti & Vecchiotti critiques:

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

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

and her written report here:

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

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

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

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

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

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

Medical consultants:

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

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

Related reports (all censored for disturbing content):

Autopsy:

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

Matteini’s consultants:

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

Mignini’s consultants (replacing Lalli):

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

Dr. Mignini:

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

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

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

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

Formal charges issued in English from July 2008:

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

Final fingerprint report:

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

Court testimony:

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

http://themurderofmeredithkercher.com/File_library:_Court_testimony

Much of Micheli is audio only, which is here:

http://themurderofmeredithkercher.com/File_library:_Court_audios

Various:

This Kokomani interview with Canale 5:

http://themurderofmeredithkercher.com/File_library:_Interview_videos

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

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

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

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


Wednesday, September 21, 2016

Netflixhoax 4: Omitted - Producer Stephen Robert Morse Has Been Originating Defamations For Years

Posted by The TJMK Main Posters


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.

Pretty funny, that last tweet above. Almost nobody has painted a larger legal target on his own back over many years than the blustering Netflix producer Stephen Robert Morse himself.

The first two tweets are of course both defamatory lies. See the two posts below for an honest take on Dr Mignini, not the mafia’s one which Morse parrots. .

As he was lying about an officer of the Italian court in the first two tweets, he could in theory be charged with contempt of court on the same basis as Frank Sforza and Andrew Gumbel have already been charged.

He could certainly be made to sweat pounds off in a British or Italian civil court. Hot potato in waiting for Netflix there.


Tuesday, September 20, 2016

Netflixhoax 3: Omitted - The Deliberate Demonization Of Dr Mignini To The Satisfaction Of The Mafias

Posted by Peter Quennell



[Above: Giuliano Mignini at left at Lake Trasimeno where Dr Narducci’s body believed bound was recovered]

The Cynical Demonizing Of Dr Mignini

This was was in fact a deliberate PR ploy, with some collusion from the mafias.

Remember that huge PR campaign, probably the largest and most abusive ever run for someone charged with a crime? Which the Netflix producers somehow managed to forget totally?

More on that later. This corrects wrong impressions about a main target.

Our posts here and here and especially here blow the gaff on the “power-mad prosecutor” claims.

The demonization originally began as a ploy to stop Amanda Knox talking. It was because she was so exceptionally naive.

The Supreme Court noted how Curt Knox shut her down angrily when her parents first visited Knox at Capanne Prison. Family knew she could very well spill the beans, and she maybe came very close to that at various times.

From late 2007 she seemed to rather like Dr Mignini, and to want to keep explaining to him over and over again. Dr Mignini thought she came really close at the interrogation on 17 December 2007 when her lawyers stepped in to stop her.

So they started to demonize Dr Mignini in her eyes.

In her book she says she wanted to keep talking, especially to him, and she quotes things that they told her to try to frighten her - pretty far from the truth. The lawyers once said quite publicly that they wish she’d simply shut up.

The demonization was deliberately jumped to a higher plane by Curt Knox, Paul Ciolino and David Marriott, still with no basis in fact unless you consider Doug Preston’s and Mario Spezi’s MOF book fact (they left out that they were caught trying to frame an innocent man) in a meeting in West Seattle in January 2009.

The month the trial began, after 14 months already of Knox still dropping herself in it. 

Watch this amazing Powerpoint in which Kermit brilliantly takes the big lie apart.

Here we correct two of the main hoaxes which yet again pushed out, this time by the Netflix team.

False Charges And A False Verdict Against Dr Mignini Were ANNULLED

Annulled means “wiped off the books” as the Supreme Court’s First Chambers wiped off the books most of Hellmann’s appeal verdict in 2013.

Read the whole arc of this case from 2010 to 2013 here and here and here.

The year 2013 was the year BEFORE Morse’s dishonest tweet. Both the rogue prosecutor and rogue judge took considerable hits.

By then it was extremely well known why and how Dr Mignini was set up, and why the Florence Appeal Court and Supreme Court not merely arrived at a not-guilty verdict but annulled the verdict of the rogue Florence Court.

Dr Mignini Has Never Consulted A Psychic, Never Claims Satanic Plots

Take a look at what Dr Mignini himself wrote to Corriere on this in 2013. This was translated and posted here three years ago.

To the editor of Florence Corriere

Dear Director,

I am Giuliano Mignini, the magistrate who performed the investigation and trials of first instance and appeal in Perugia against the people accused of the murder of Meredith Kercher, as well as the investigation into the death of Francesco Narducci linked to the one performed by the Florence Prosecution Office in relation to the masterminds of the “Monster of Florence” murders.

I saw reported the interview that the journalist Mario Spezi – a person accused in the Narducci case – did with Amanda Knox, a main defendant in the appeal trial that will start today – published in the Corriere Fiorentino on Sep. 29.
 
In two recent cases the Court of Cassation has annulled verdicts, which acquitted Knox and Sollecito, and which decided [by Judge Micheli] a dropping of charge against Spezi (the parts regarding ‘lack of certainty about malice’ were annulled too).

Therefore I don’t need to add anything further on that point.  Instead, I need to point out the falsehood of an assertion which Mr. Spezi makes at the beginning of his article, as he tries to explain the reason for a link which, in his opinion, allegedly exists between the two cases, the one related to the Monster murders and Narducci’s death, and the one about the Kercher murder.

Mr. Spezi’s text says: “… a strangely similar background, for two different cases, behind which the magistrate thought he could see satanic orgies on the occasion of Halloween for Amanda, and ritual blood sacrifices as a worship to the Devil in the Monster of Florence case…”.

This is an assertion that Mr. Spezi and crime-fiction author Douglas Preston have been repeating for years, but does not find the smallest confirmation in the documentation of the two trials, nor in the scenario put forward by the prosecution in which the Meredith murder (which didn’t happen on Halloween but on the subsequent night) was the consequence of a sex hazing to which Meredith herself did not intend to take part, and, above all, it was the consequence of a climate of hostility which built up progressively between the Coulsdon girl and Amanda because of their different habits, and because of Meredith’s suspicion about alleged money thefts by Knox.

Furthermore the object of the proceedings in the Narducci case is the scenario about the murder of the same Narducci and the attempt, by the doctor’s father and brother, to conceal the cause of his violent death, and this included the background within which the event – which was a homicide in my opinion and in the opinion of my technical consultant, coroner Prof. Giovanni Pierucci of the University of Pavia – had developed and taken place.

I had already denied several time assertions of such kind, but Mr. Spezi and Mr. Preston, and some people connected to them, go on repeating a lie, apparently hoping that it will become true by repeating it.

Another astonishing fact is that, despite that I was the prosecutor in the Kercher trial together with my colleague Manuela Comodi and then subsequently with my colleague Giancarlo Costagliola [at annulled apeal], and despite that I limited myself to formulating judicial requests which were all agreed to by a multitude of judges and confirmed by the Supreme Court, I am still considered as the only one responsible for an accusation against Ms. Knox and Mr. Sollecito, by twisting its content in various ways.

In the Narducci case, in the same way, I simply limited myself to performing the investigation and requesting the remands to trial, and the trial will have to start again now because the Supreme Court has annulled the dropping of charges [by Judge Micheli] and sent back the trial to another preliminary judge in Perugia.

The purpose – quite overt – of such endlessly repeated lies, is to defame the investigator, picturing him as a magistrate who is following alleged personal obsessions rather than sticking at facts, as instead he is.

The hope that such conscious misrepresentation of reality could bring advantage to the defences (foremost that of Spezi himself) is consistent with a bad habit which has all along flourished in Italy but is now also copied abroad.

Therefore I ask you to please publish my rectification against false and seriously defamatory information.

Kind regards

Giuliano Mignini

Do you know who is most often on TV in Italy DENOUNCING the notion that satanic plots are widespread?  Dr Mignini, in fact. Satanic plots do occur (the MOF crimes are accepted in Italy as one) but they are extremely rare.

Dr Mignini in fact locked up the psychic for false testimony to the police. And as he says, and as a vast volume of documents and media reports and court testimony attests, he never ever claimed anything satanic in Meredith’s case.

Dr Mignini Is Doing Just Fine

Dr Mignini is a huge hero in Italy for getting both the Knox-Sollecito-Guede case right (even Judge Hellmann and the Fifth Chambers did not fully let the perps off the hook) and the Monster of Florence case right.

Meanwhile, the crackpot Stephen Robert Morse who rages incessantly at Dr Mignini looks terrible. Much more to come.


Special credit to Machiavelli, Ergon, the Machine, Kermit, and the PMF Dot-Net crowd, for the guts of this post.


Monday, September 12, 2016

Netflixhoax 2: Omitted - Any Accurate Representation Of Dr Mignini’s Fine Track Record

Posted by The TJMK Main Posters


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.


1. The Wider Context

Longtime Italy-berater Judy Bachrach is one of the first to view the Netflix movie Amanda Knox. Predictably, she raves about it.

At bottom here Dr Mignini explains the actual final judgment on Knox and Sollecito, and shoots huge holes in Bachrach’s claims.

Judy Bachrach resembles one of those wind-up parrots. She repeats about a dozen of the Knox-PR talking points like mantras again and again.

There are literally hundreds of evidence points on this and other sites that overwhelmingly point to Knox and Sollecito guilt. There is no other way to account for them all. That is why the 2009 trial was so decisive.

Try running those past Bahrach and she is quite certain to come up short of any other explanation. Even simply our two posts directly below this, providing a flavor of that, would leave her seriously stumped. 

She published her first very simplistic take on the case in 2008, months before trial when much evidence was not public and the myth-making Knox and Sollecito PR was ramping up. Then another simplistic take every several years since. She has also repeatedly found her way onto TV and perhaps a dozen simplistic YouTubes are one result.

At Guede, she really rants. Clearly in her eyes the nasty black guy did it, and did it all alone even though not one court, ever, ruled that.

She makes it routine to mischaracterize Dr Mignini, who she seems to think really had it in for the girl (she always forgets Sollecito) because of something to do with sex. And in her mind all of Italy has been fooled.

Our main poster Machine posted an analysis of nine of Bachrach’ wild claims way back in April 2010. They are highly worth reading, here. Machine’s overall conclusion on Bachrach was this.

We have been analyzing Judy Bachrach’s many, many articles and TV commentaries about the case, and they all seem to point to the following conclusions. 

  • That she hasn’t ever read the Micheli report and doesn’t seem to have actually ever mentioned it.

  • That she hasn’t had full access to the prosecution’s 10,000-plus pages file of evidence, and maybe she has had no access at all.

  • That she didn’t attend the key court sessions in which highly incriminating forensic and circumstantial evidence was presented.

  • That she hasn’t absorbed the numerous factual newspaper and magazine reports about the key forensic and circumstantial evidence.

  • That she seems to rely either a lot or totally on sources with vested interests who feed her wrong theories and false information.

  • And that she comes across to us as the reporter most often showing on US media outlets the most complete ignorance of the case.

Quite a track record. We wonder if she is really very proud of it. She seems to sound so.


2. Judy Bachrach’s Latest Crackpot Claims

Judy Bachrach was fast to start beating the drum about the Netflix flick. Almost the first reporter there. You can read her article here. She clearly loves the Netflix report.

That it leaves out about 95% of the key facts seems to be over her head.

In the article, she quotes her recollection of an interview Dr Mignini gave her years ago.  This was clearly a gotcha moment for her - suddenly it was crystal clear why Amanda Knox is being tried for the crimes. Sex! It seems over her head that officially there really were sex crimes; all three were charged with them.

It pays to understand four things.

(1) Not only did the Netflix flick get things wrong and leave myriad things out (how many, we shall soon know) but it appears to accept that innocence was proved and that Knox and Sollecito had zero role. That was not what the Supreme Court said. See Dr Mignini’s final damning paras below.

(2) Italian lawyers think the Fifth Chambers ruling may have been illegal as well as bent. The reasoning can be read here. That is headed to court soon.

(3) Judy Bachrach’s crackpot inventions are not backed up by even one document, transcript or report. She really does parrot the Knox PR and uses inventions to fill in any gaps.

(4) There is a mafia angle, of which Bachrach could be part. Humiliating the forces of justice is what they like to do. We cannot go public until this officially starts to come out. Sollecito first drew attention to it, and law enforcement are on top of it.

3. Dr Mignini Corrects The Record At Length

We offered Dr Mignini this opportunity. He kindly came through. It is made pretty obvious that Bachrach was maliciously putting words in his mouth.  Dr Mignini spoke in Italian, and we translated, and he approved.

Dr Mignini speaks

I will share just some of my thoughts after reading the article in that magazine, which I would really prefer not to speak about. I mainly want to say that those statements which are put between quotation marks as attributed to me contained in that article? I never pronounced them.

I have never said – and anyone who knows me would understand (though this journalist Judy Bachrach doesn’t know me, doesn’t know me at all and I myself didn’t have the misfortune to know her) that I would never say, I’d never talk about, and I’d never mention, the morality or the immorality of a person as an argument within the explanation for a crime. Absolutely no way.

A crime is a violation of a law, an action that may be reprehensible or whatever you like, but it is an action regulated as provided by the penal code, subjected to penalty by the code, that needs to be ascertained, period. And that’s all. It needs to be ascertained following totally objective criteria. A crime is an objective action, a codified action. It has nothing to do with moral qualities, or allegations of moral qualities, or lack thereof, of an individuals.

The discussion in the article of Bachrach about those allegedly quoted statements about “morality” attributed to me, they are FALSE, I have simply never said them. And one cannot even say that they were a little changed, because I’ve never said anything even remotely like them. Those are statements of a kind that I would NEVER make.

Such is one statement reported in the article where I allegedly said “Amanda killed because motivated by a wish to be liked at any cost” – by the way, statements like those do not make any sense: the person who makes up such statements doesn’t realize she is saying things void of any meaning. 

The Italian Penal Procedure code (art. 220) prohibits that any research into the personality of a suspect could be used in court as evidence, such as the finding of a propensity of a suspect to commit crimes or similar argumentations. A proper research into the personality of a suspect is permitted only when there is a need to establish mental capabilities. On the other hand, some features of a suspect personality might be considered during investigations but only to understand the context of a crime.

When I happened to point at some features apparent in the personality of the suspects, I actually cited observations made by criminal psychiatrist Dr. Mastronardi who had given his opinion on the case. Aspects of personalities traits, showing features such as manipulative behaviours or a passive and dependent attitude – to mention some findings involving the suspects – were rather noted, highlighted or detailed not by the prosecution, but by the judges on various instances of the investigation and pre-trial hearings (Investigation Judge C. Matteini, Re-Examination Judge M. Ricciarelli, and Preliminary Judge P. Micheli).

[Editors note. These are the judges who really guided the case. Go to this post and scroll down and click through to posts #13 to #16. That includes the findings of the Supreme Court, which backed up the findings of Dr Matteini and Dr Ricciarelli’s panel. It also includes Dr Mignini’s interrogation of Knox, in which she in effect froze up; this was done at her own request though her lawyers were none too thrilled - they feared she would bomb out, and she did.]

As for the “motive” on this case. It should be pointed out that in a case like the murder of Meredith Kercher – the murder of a young student girl who was uninvolved in dangerous circles and had no enemies – independently from the identity of the perpetrators, we are talking about a crime that cannot have have a “motive” with a rational or consistent logical structure, nor could it be ascribed to a particular conscious and organized intention.

We may talk about causes that could have contributed to leading to a situation that ended in committing the crime. Among the factors we know that unbalanced personalities, life or emotional disorganization of perpetrators, behavioral excesses, inabilities to handle relations, psychological fragilities, are elements that always contribute to this kind of crimes, and we had reasons to believe that drugs also played a role.

The task of the judiciaries is not really to set out the motives of the individuals from a subjective point of view. We know that unfortunately a record of cases exists, in which apparent “ordinary” looking young people – including students – have committed very violent murders, in contexts where no “motive” could be explained in a way that appears rational or serious from an objective point of view, since futile crimes - including group murders - may emerge from the building up of situations involving individuals not able to handle issues of adult life.

Thus, all statements within quotation marks as reported in the article by Bachrach are false, I’d say absolutely false: they are the product of a making-up or a spin (I reserve for myself any necessary action in the event there is also a defamatory report) or reported without their context or with their context changed (like falsely reporting the dates, such as when I mentioned the time when some Perugian citizens used to compliment me).

I was stunned by one statement by the end of the article, that says – in which I am reported to have said – that “if they were innocent, they should forget”. That is a statement which I said on request of one of the two interviewers, who asked “what would you say to those young persons in the event that they were actually innocent?”. So what could I say, what should I answer to a question framed and spun in such a way? I might say: “it’s an experience that unfortunately happened to you, something that may happen, try to forget, seek all legal ways” – but I was saying that in the abstract, purely in the abstract – “that you think you can follow if you deem that you suffered an injustice” – albeit the Cassazione ruling is in the dubitative formula (Art. 530 § 2. cpp).

But then the Vanityfair journalist does not report my *second* statement, that is, the other one I said just following: “And what about if they are guilty? If they were guilty I’d suggest them to remind that our human life ends as trial that has an irreversible sentence, that will last forever”. My answer was made of two statements, not of one. Both were rhetorical and hypothetical. The last statement was the one I thought would have unleashed criticism, but curiously it’s the one missing in the article, there is no comment about it.

Another thing: it is true that people in Perugia happened to come to shake my hand and compliment me, but that happened much later, around 2013 and later, and those people basically complimented me about the Narducci case. It was somehow satisfying because it came after many years of difficulties and attacks. The Perugian people expressed their support to me because of the Narducci case, and secondarily they also expressed their support because of my independency in facing the international media campaign that was mounted against me after the Kercher case.

I don’t know if Vanityfair was the one which made up or spun my answers, falsely reporting them from the Netflix documentary, or if it was Netflix itself who made them up by editing the interview and disseminating content from a video prior to the premiere. I had a positive experience working with the documentary directors at the time. Not knowing what the journalist watched or made up, I will anyway reserve my decision as a consequence. I have to say, I am quite disconcerted about the way a certain American environment appears to think and keeps going on in a raving manner about this case.

One stunning aspect of this, is that the narrative they put forward, such as in the article we talk about, seems to be based on a focus on me, as if I were to become a kind of key character functional to their fictional story. I found this particularly strange since in reality the Kercher case investigation was actually based on the work of a number of judiciaries, all of them making decisions with a power that was equal, or greater than mine. So is how the Italian system works on these type of serious crimes.

The fact that even a second Public Minister was appointed almost from the beginning may suggest that we didn’t have personal investment: I asked Manuela Comodi – who has my equal rank, is not my deputy – to share the investigation and deal with the technical parts, such as the expert witnesses, since she is very good in this area. The other, multiple judiciaries involved beside us, all had greater powers, each of them could have stopped the investigation or changed its orientation and settings.

Therefore, a personalization of the case – as if I had some kind of special power – or a “polarization” of it – like a narrative that is woven between me and one of the suspects as main characters – that appears unrealistic to any person with a minimum of understanding of the system. Indeed if there are reporters who like to make up a story where a person with my name plays the role of a picturesque fictional character, motivated by “moral” or religious obsessions or else, all of this only shows an agenda pursued by those journalists that tells much more about them and about the type of campaign they are part of, than about the case. 

There is anyway one important element which, unfortunately, I know was left out from the documentary – partly because it was produced earlier than the publication of the Cassazione ruling – I know that something the documentary omits to mention, is the actual content of the latest ruling by the Fifth Panel of Cassazion. If we leave aside, for a moment, the several issues of consistency and law inherent in the ruling itself (those that may be spotted by those who read it with some knowledge of the topics), there is anyway the fact that the ruling confirms certain findings.

Some facts recognized as certain by the Cassazione, not reported in the documentary, are that it is anyway a “proven fact” that Amanda Knox was present at the scene of crime when crime was committed. The same ruling also points out how it is proven beyond doubt that Meredith Kercher was murdered by more than one person, and Rudy Guede certainly acted together with others. The fact that Amanda Knox was certainly there is emphasized by the Court to the point of noting their agreement with the lower Court on the fact that Ms. Knox heard Meredith’s harrowing scream, and even noted that she had the victim’s blood on her hands, that she washed them in order to clean them from Meredith’s blood.   

The High Court only raises a reasonable doubt about the active participation of Amanda Knox in the action of killing. The Court – in agreement with other definitive findings – also reminds that Ms. Knox voluntarily lied as she falsely accused an innocent, and notes that no way could this finding ever be overturned. All these things are missing in the documentary. I’d like all American friends to bear in mind these last bits of information as well, whenever they decide to seek information about the Kercher case.


Friday, September 09, 2016

Netflixhoax 1: Omitted - Netfix’s Own Difficulties In The Business World Makes For Suspect Messenger

Posted by Peter Quennell



Top curve: S&P 500 stockmarket index 2016. Bottom curve: Netflix’s stock plunge this year.

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.



Netflix stock has lost more than 1/5 of its value this year. That’s around $10 billion. Stockbrokers are issuing sell-the-stock recommendations.

Axiom Capital’s Victor Anthony this morning initiated coverage of the stock with a Sell rating, and an $80 price target, based on concerns about its “super-rich multiple” against “rising competition, diminishing pricing power, and rising content costs.” “Netflix has enjoyed premium valuations for rapid subscriber growth,” he writes, “but subscriber growth is slowing.”

Owww. How timely if the documentary “Amanda Knox” burnishes Netflix’s reputation!

Obviously it would help Netflix a lot if everyone who really knows the case declares the report to be even-handed and objective - and especially if it doesnt leave key facts on the cutting-room floor.

The movie premiers tonight in Toronto.

From the reporting in the next few days, we will gain an increasing sense of the value and slants of its content. Ergon hopes to offer us a review in about a week’s time, and of course at the end of this month we can all shell out to watch it.

If the Netflix report has indeed left anything out we will start building an online list of these omissions.

Maybe the report wont, of course.

But all non-Italian media, virtually without exception, has left things out - hundreds and hundreds of points, points that have almost 100% of Italians seeing Knox and Sollecito as guilty.

This was one example. This is another.

Non-Italian media incessantly repeats the notion that Knox’s interrogation on 5-6 November scared her into fingering Patrick.

Those stories leave out that really there wasnt even an interrogation as defined under Italian law. Knox was in fact amiably building a list of vistors with names and phone numbers.

It leaves out that Sollecito tossed her under the bus that night and many, many times later.

It leaves out that Knox herself demanded to make both the written statements she signed that night. It leaves out that in both statements she said she went out from Sollecito’s house on the night. So much for several of her numerous alibis claiming she didnt.

Already we count two dead canaries in the Netflix coalmine. 

1) Ergon has just posted this statement in the thread under the previous post - itself a pretty awkward post for Knox apologists.

Press release from the Meredith Kercher Wiki re the Netflix documentary:

“For The Press. September 09, 2016: The Netflix documentary “Amanda Knox” opens at the Toronto International Film Festival today Amanda Knox. While claiming to be a balanced perspective its producer Stephen Robert Morse had made inflammatory reports about the prosecutor Giuliano Mignini (who was interviewed by the film makers) of “having been convicted of crimes” (he was acquitted) and being “a power-hungry prosecutor running the show”. Requests to producer Mette Heide on August 13, 2016 for comment about his bias were not replied to by this time.”

Well, Dr Mignini was never “running the show”. In fact a whole row of judges, up to and including five Supreme Court judges, was always calling the shots though to trial, and more subsequently.

On 17 December 2007 Dr Mignini kindly gave Knox a UNIQUE opportunity to clear herself (she dismally failed it). There was a very compelling trial, and a unanimous trial jury, and a 400 page verdict report - which barely mentions Dr Mignini.

And in a fiery repudiation Cassation agreed with the appeal court in reversing his conviction (for cops planting a bug a judge had in fact approved), and roasted both the Florence trial judge and prosecutor who since have fared badly. Meanwhile Dr Mignini is expected to be the next Prosecutor-General of Umbria.

2) This is from a film review today by Seattle’s Moira Macdonald

Mostly without editorializing [the filmmakers Rod Blackhurst and Brian McGinn] just let the witnesses speak — among them the DNA experts whose eventual testimony led to Knox and Sollecito’s eventual exoneration —  and I suspect some members of the lingering Amanda-is-guilty camp might revise their opinions by the end of the running time.

The “independent” Hellmann DNA consultants Conti and Vecchiotti? Who were roasted by the Carabinieri labs, the Florence Appeal Court, and the First Chambers of the Supreme Court for bias and extremely sloppy methods? See the image at botttom.

Dear Netflix: You really chained your future to Amanda Knox, and to that very discredited pair? You hired the crackpot Stephen Robert Morse to guide you? You didnt do any due diligence? You piled on more anti-Italy bigotry?

Poor Netflix. At first glance, it seems the stockbrokers’ advice could be smart advice.



Sunday, September 04, 2016

How Bob Woffinden And So Many Others Managed To Misstate The Case And Get Away With It

Posted by Peter Quennell



Meredith on a Skype chat session


Do you know this? Most people still dont. It explains a LOT including the numerous innocence frauds.

The attack on Meredith as summarised by Dr Mignini in the Machine’s must-read post below was reconstructed by Italy’s best crime-scene specialists, from Rome Headquarters, and it took an entire Saturday. Every mark in Meredith’s room and on her body were convincingly accounted for.

After the killers left and locked her in, Meredith was still alive, holding both sides of her neck to stop her life-blood leaking out. She might have lived for half an hour, in great pain, during which time an ambulance could easily have arrived and saved her.

But nobody called one. Her death was quite deliberate.

The Massei jury is said to have found all this evidence very powerful and left in NO doubt three had been involved (unanimous verdict) in what was a prolonged and exceptionally barbaric attack.

The Kercher family had asked Judge Massei in January 2009 for a closed trial as the autopsy part in particular would be key but also long and very graphic. Unfortunately it was settled that only the trial days covering the autopsy and the horrific attack would be closed.

This unique call by Judge Massei turned out to be a terrible one. It has caused immense damage to public understanding outside Italy, and to the legitimacy of the case ever since.

The public and the two later appeal juries never got to witness directly all this compelling evidence. In Italy, descriptions leaked out (not illegal) and so Italians following the case could get a good grasp - and the vast majority, perhaps all, were convinced (and still are) that the government team had got it right.

But the Hellmann and Nencini appeal juries and the Marasca/Bruno panel of the Supreme Court never got the full impact. And trial followers in the US and UK and so on had no idea (and even now only a very few have any idea) of what was presented behind those closed doors in 2009 and how it came across (several present were in tears during it) to the trial jury.

This terrible situation has allowed Knox and Sollecito and their teams and media supporters starting with Doug Preston, Candace Dempsey and Frank Sfarzo and ending (for now) with Woffinden to lie incessantly for eight years about Guede as a lone wolf and about the numerous hard facts of the attack and the autopsy.

There would be NO effective PR and NO effective appeals and NO effective innocence fraud otherwise.

Our summaries of the sentencing reports by Judge Micheli for Guede and by Judge Massei for Sollecito & Knox are very good, but even they fall short here. The best way to get all this powerful evidence right is to read the full Micheli report (translated by Catnip) and full Massei report (translated by Skeptical Bystander and team). Both reports are on the case wiki.

“Missing” still from the public record because it was part of the closed trial was what is said to be a very compelling video construction of the attack. This video is also ridiculed and misrepresented by Sollecito and Knox and their teams and apologists - because they could get away with it.

Will the Netflix movie being unveiled in Toronto this week explain all or even any of this? Why do we doubt it?


Thursday, September 01, 2016

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

Posted by The Machine



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

1. Woffinden and innocence fraud

These days innocence fraud is a very real thing.

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

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

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

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

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

2. Woffinden On Meredith’s case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Some conclusions

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

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

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

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

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

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


Sunday, July 10, 2016

Italian Justice: Describing A Fine System And How To Improve It

Posted by Machiavelli (Yummi)

[Revered prosecutor Paolo Borsellino was assassinated 1992 with probable political connivance]

Trashing Of Justice System Gets Worse

Does this Reuters report capture Italian justice correctly?

We linked to it on 30 June and it seemed to have some key points missing. For example it omits, as English-language reports tend to, that the system as originally designed strove above all to be fair, and that crime rates in Italy are low and murder rates lower and levels of incarceration and recidivism tiny by European standards.

Also that the police and justice system remain more popular and trusted than other institutions in Italy.

Click here for more


Monday, May 02, 2016

Revenge “On” The Knox: Bruno And Marasca Strike Back

Posted by Chimera



Judge Bruno the drafter of the seriously bizarre Fifth Chambers report “Who, me?!!!”

1. Overview Of The Post

We have posted both multi-part analyses of the Amanda Knox book (extended 2015 edition) and also multi-part analyses of the 2015 Supreme Court verdict attempting to apply closure to the case.

Primarily because they both make so much up and leave so much out, both efforts appear to Italian lawyers and observers and our own team to have fallen far short.

Worse, as I demonstrate here, Knox and the Supreme Court were not even on the same page. They used different arguments which tend to cancel one another out.

In effect the report of Judges Bruno and Marasca late in 2015 pulled the rug out from under Knox’s book published a few months before.   

2. Arguments Of The Supreme Court

The final report from the 5th Chambers of Cassation was released in September 2015, several months late, with rumors swirling in Rome that it was proving a tough task. 

Our five critique series were put together by (1) the Perugia prosecution, (2) Machiavelli, (3) Catnip, (4) James Raper (the longest of those four), and (5) in draft by Olleosnep.

From James Raper critique Part 1

The Fifth Chambers argued as follows:

1.  The standard of “beyond any reasonable doubt” was not met due to insufficient and/or contradictory evidence - pursuant to Article 530, section 2 of the Italian Code of Criminal Procedure.

2.  Multiple attackers upheld. Guede was guilty with others unknown.

3.  The break-in in Romanelli’s room was staged.

4.  Amanda Knox was present in the cottage at the time of the murder but there is insufficient evidence that she played a participatory role.

5.  The DNA profile of Meredith Kercher on the knife and the DNA profile of Raffaele Sollecito on the bra clasp have “no probative or circumstantial relevance”

6.  “Motive is not irrelevant” and motive was not established.

7.  No selective cleaning.

8.  No purpose would be served in remanding the case back to the 1st instance court of appeal (as had occurred on appeal against acquittal)

From James Raper Critique Part 5

The Fifth Chambers argued as follows:

1.  Knox was present in the cottage at the time of the murder but in a non-participatory role. Very probably (if this is not a held fact) she had scrubbed Meredith’s blood off her hands in the small bathroom.

2.  Sollecito was very probably there as well, but it cannot be known when.

3.  There was certainly an assailant (and perhaps more than one) in addition to Guede.

4.  There was a staging of the break-in in Filomena’s room.

While this seems (in a very tortuous way), to assert an “insufficient evidence” finding rather than an “innocence” finding, the findings of the 5th Chambers are now considered final, unless they are overturned.

That being said, these findings directly refute the bulk of Knox’s book “Waiting to be Heard”

3. Arguments of Amanda Knox

Our 12-part series taking apart the claims in Knox’s book can be found here.

(1) Chapter 5, 6: The Evening and Morning After Meredith Died

Knox Version (A): AK/RS were at his apartment, watching Amelie, smoking pot, reading Harry Potter and f***ing.  AK returned to her home late the next morning.

Knox Version (B): AK was in the kitchen while PL was murdering Meredith

Knox Version (C): AK was in the kitchen while PL was murdering Meredith, and RS was probably there

Knox Version (D): AK has no clue what was going on, and doesn’t remember anything.

Version (A) is the story AK told in her book and on television—though the details are flexible.  Versions (B), (C), and (D) are the 3 statements she made November 5th/6th.

However, the truth Bruno and Marasca think is closest to the truth (pun intended), is version (C), with Guede as the killer instead of PL.

Other courts: Pre-Trial Judge Micheli (October 2008), Trial Judge Massei (2009), Appeal Judge Nencini (2014) all found that Knox was not only involved, but that she personally killed Meredith.  Even if you accept the Cassation ruling that AK wasn’t actually involved, the final ruling did place her at the crime scene, and RS probably so.

Bullshit level: COMPLETE

(2) Chapters 7, 8, 9: The Ensuing Investigation

AK goes on and on in WTBH about how she was trying to help the police.  She complains about how she was subjected to repeated and very lengthy interviews.  However, she never shared any of the insider information she had about that night.  The police officers involved noted that she and RS seemed particularly unhelpful.

Bullshit level: COMPLETE

(3) Chapters 10, 11: The Knox Interrogation Hoax

AK goes on in great detail especially in Chapter 10 about how she was lured to the police station, and brutally interrogated.  In her December 2013 email to Judge Nencini, she refers to it as “torture”.

Interesting how she remembers it with such lurid detail.

  As AK points out, there is no recording or video
  All of the officers involved give “very” different accounts
  AK claims to be traumatized and have her memory go blank

AK’s performance was convincing enough to make Judge Claudia Matteini (November 2007) believe PL was the killer.  But since then ....

(a) the 3 judge panel headed by Judge Massimo Ricciarelli (November 2007);

(b) the 5 judge Cassation panel headed by Judge Torquato Gemelli (April 2008);

(c) pre-trial Judge Paolo Micheli (October 2008);

(d) trial jury headed by Judge Giancarlo Massei (December 2009);

(e) appellate jury headed by Hellmann/Zanetti (October 2011);

(f) Cassation panel headed by Judge Chieffi (March 2013);

(g) appellate jury headed by Judge Alessandro Nencini (January 2014);

(h) Cassation panel headed by Bruno/Marasca (March 2015)

.... have ALL ruled that AK framed PL, and that she did it willingly, and wasn’t tricked or coerced.

Bullshit level: COMPLETE

(4) The Afterword: Everything After Hellmann’s Ruling

AK triumphantly declares that Cassation (2015) found her and RS innocent.  But once again, AK releases her book prior to the Cassation report.  Idiot.

Se especially here.

AK does misrepresent far more than just the 2015 Cassation findings in the Afterword.  More on that later.

Bullshit level: COMPLETE

(5) Understanding the Bruno/Marasca Ruling

At a minimum, Chapters 5, 6, 7, 8, 9, 10, 11 and the Afterword of “Waiting to be Heard” are complete bullshit.

Considering that these bogus claims are repeated throughout the book, it can reasonably be inferred that much of the rest is made up as well. 

This is not me talking.  This is referencing the Bruno/Marasca ruling, which as it stands, is final.

(6) Author’s Note

This is a lot of speculation on my part, (as Andrew Gumbel would say “hearsay and speculation abound”), but feel free to comment

The B/M report can be understood in one word: finality.  They don’t want any one else looking at it.

(A) B/M rule “insufficient evidence” rather than “innocent” hoping to placate the Italian public.

(B) B/M sabotage AK’s ECHR appeal chances, as they don’t want another court looking to carefully at it

(C) B/M ruling essentially says “just short of guilty” to stop AK/RS from crowing about their innocence.

(D) B/M ruling claims AK/RS lied and obstructed to ward off any potential wrongful imprisonment lawsuit.

(E) B/M do strongly imply AK/RS are guilty to try to give a “moral win” to the Kerchers.

(F) B/M appear to bend over backwards to acquit, trying to look “incompetent, at worst”, rather than corrupt.

(6) The problem is: Bruno and Marasca haven’t taken into account the personalities of everyone involved

(a) The Hellmann/Zanetti ruling (October 2011) stunk of corruption, so Italy would be immediately suspicious of anything remotely similar.

(b) AK’s ECHR appeal seems to warded off for now, but AK seems hell bent on going ahead anyway.

(c) AK/RS did start parading around again, and AK re-released her book

(d) RS and Papa Sollecito sued anyway.

(e) Far from giving a “moral win”, this ruling and the accompanying report just leave a bad taste.

(7) Bullshit in WTBH (Beyond Bruno/Marasca)

Chapter 1: Before Leaving Italy

Questions For Knox: Why The Huge Lie About Your ZERO Academic Intentions In Europe?

Chapter 2: Federico Martini (a.k.a. Cristiano)

US And UK Media Wrongly Attribute Italian Report Of Knox/Cocaine-Dealer Link To Trial Prosecutors

Multiple: Capanne Chapters

The Amanda Knox Book: Good Reporters Start To Surface Amanda Knox’s False Claims In Droves

Chapter 31-35: The Hellmann Appeal

A Summary Of The Cassazione Ruling On Annulment Of The Knox-Sollecito Appeal

4. Final Thoughts

I stand by my claim that WTBH is 90-95% bullshit.

Fair to say, Bruno and Marasca would likely agree.


Monday, January 18, 2016

Reports That On Italian TV Thursday Guede Will Claim Knox & Sollecito Initiated Attack, Caused Death

Posted by Peter Quennell





It seems the serial defamer Amanda Knox wins no love at all in Italy. As we posted 10 days ago:

A majority of Italians still believe that Amanda Knox led a cruel pack attack on Meredith and (to Guede’s and Sollecito’s seeming considerable shock) landed the fatal stab in Meredith’s neck.  They watched Knox on the stand for two days, in fact doing herself great harm.

Italian media are sure looking forward to Guede dropping her in it on national TV later this week. There are half a dozen reports.  This summary in English by Liz Houle just went online.

It is being reported on January 18, 2016 that Rudy Guede says that he is innocent of the murder of Meredith Kercher. In a clear and concise manner, Guede states that there is no evidence of his DNA on the murder weapon or in the simulated break-in room. He goes on to say that he knew both Meredith Kercher and Amanda Knox but was more familiar with Knox. “It was not me, but I’m the only condemned” maintains Guede.

Rudy Guede sat down in an interview on Italian television show Cursed Stories (Storie Maledette) and gave his unvarnished view of what happened. “It was not me. . . . “ pointing the finger back onto Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher.

In precise and coherent language Guede describes exactly what happened the night Meredith Kercher was tortured and left bleeding to death on that cold November night. Guede explains “. . .when I was found in the house of the crime I fled because I was afraid. No one would believe me. I thought: Negro found guilty found. The subsequent investigations, conducted ​​badly, have shown that I was right.”

There’s also this. Actually CNN has blown hot and cold, with Paul Callan and Chris Cuomo and Erin Burnett and Nancy Grace all coming out anti-Knox.

Posted on 01/18/16 at 04:49 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Friday, December 18, 2015

Knox Calunnia Trial #2: Judge Receives Arguments Of Prosecution And Knox; Verdict In New Year

Posted by The TJMK Main Posters



Court in session 7 September in Florence with Knox a no-show

1. Latest Development

We are informed that the final arguments to the judge by both sides have been submitted in writing.

We will summarise and/or fully translate them, hopefully next week. Next step is the verdict from Judge Boninsegna, which may come early in the New Year.

Below is a reposting of the background to this unusual case, and Machiavelli’s reports from the court on 7 September.

Such trials are very rare. Usually it is only organized crime figures that in the course of a trial impugn police and prosecutors who in Italy are much respected. Defendants rarely even get on the stand, and if they do so, they invariably follow the advice of defence counsel to not dig themselves in any deeper. 

In contrast, Knox pretty well went haywire. NOBODY in Italy has ever believed her. Not her own lawyers, nor multiple hearings & trial judges, or the skeptical media, or the watching population, or Hellmann & Zanetti, or even Marasca & Bruno…  Not even Curt Knox! He failed to turn up to give scheduled defense testimony that could have helped Amanda Knox last September.

Gee, thanks, Curt….

And she has left her own lawyers handicapped, as they had publicly counseled Knox to stop escalating her claims about illegal coercion at her “interrogation” on 5-6 November 2007.

Their filing probably needs to be especially careful to avoid their own liability. 

2. Background To Calunnia Trial

This trial focuses on the claims of Amanda Knox at trial in 2009. Charges for malicious claims in her book will fall to another court, probably also in Florence. Oggi is already on trial for republishing some of them.

There seems no parallel in US or UK legal history to this - to a defendant testifying prolifically for two days to crimes by investigators, in spite of even more days of prior testimony which all pointed the other way.

Seemingly under strong pressure from her own family Knox willingly took a huge legal risk which her own lawyers had warned her about again and again, sometimes publicly, over nearly two years.

They never ever lodged even one complaint. Nor did the US Embassy in Rome, which monitored all sessions in court, and often checked her out (as did Italian MP Rocco Girlanda) in prison at Capanne.

The Massei court and the watching audience in Italy (read here and here) bought none of it. Knox still served three years for framing Patrick. Not even Judge Hellmann bought into her claims. Certainly not the Supreme Court.

The current trial in Florence was preceded by an investigation by Florence prosecutors, who bring the charges and argue them because Knox impugned officers of the justice system in their official roles. 

Prior to today the prosecutors’ investigation report had only been released to Knox’s defense. So we don’t yet know if the charges extend beyond Knox’s claims of having been abused into a false “confession” on 5-6 November 2007.

Post #1 of our ongoing Interrogation Hoax series points toward what investigators testified to at trial.

Four months later Knox contradicted them at length as summarised in our two posts here and here: “The Amanda Knox Calunnia Trial In Florence: What It Is All About”

3. Machiavelli Reports From Trial 7 September

1. Tweets from the Florence court:

16. Zugarini was present throughout the interrogation and described when #amandaknox started to cry, remembered her peculiar hand-ear gestures.

15. Napoleoni testified #amandaknox was brought a chamomille when she started crying at 01:45, the interrogation was immediately stopped.

14. Napoleoni and Zugarini said they “cuddled” Knox because she was a 20-year old girl.

13. Both Mignini and Zugarini described having had impression that #amandaknox was feeling “relieved of a burden” after accusing Lumumba.

12. Mignini said Knox was not clearly a suspect to him by the 05:45 interrogation.

11. Witnesses had inaccurate memory on some details, but were convergent on some peculiar details.

10. Napoleoni said she did not enter interrogation room, she called Rita Ficarra out to talk to her.

9. Zugarini said, as for her knowledge, Knox was not told that Sollecito withdrew her alibi.

8. Zugarini said called interpreter only to ask #amandaknox more precise questions about people in her phone contact list.

7. Zugarini said #amandaknox was able to explain herself in Italian. They called an interpreter to translate what police had to say.

6. Testimony of Mignini was descriptive and framed thing in law. Mostly talked at length explaining alone, prosecutor listened.

5. In today’s hearing, Mignini talked 2 hours, confirmed arrived at 3am, police interview was over, he asked no questions of AK.

4. Napoleoni was precise and synthetic. Zugarini longer and IMO more interesting on many details.

3. Mignini and Judge Boninsegna appeared irritated by Dalla Vedova’s remarks.

2. Long hearing of Mignini at trial against Amanda Knox for calunnia. Napoleoni & Gubbiotti followed, then Zugarini

1. Testimony of some of the investigators accused by Knox and the lead prosecutor Dr Mignini [image above] is being taken in court.

[Reporting from the Florence court sometimes requires a wait to get to a place where mobile phones can connect to the outside.]

2. Emailed report following day (8 September):

No Knox calunnia session required today as last Friday and yesterday both sides completed their witness list.

Amanda Knox and Curt Knox chose not to testify.

Now Judge Boninsegna has ordered each side to prepare their arguments within three months (7 December).

The verdict is likely to arrive in the New Year.

 


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.

     


    Monday, December 07, 2015

    Counterterrorism: Another Way Italian Law Enforcement Is An Effective Model For Everywhere Else

    Posted by Peter Quennell





    We have often mentioned these major justice-system pluses:

    (1) That Italy has one of the industrialized world’s lowest crime rates and that US cities have been observing its model.

    (2) That it has a very prominent and much admired police presence, and a small and much admired court and penal system.

    Now Thomas Williams is reporting this third big plus from Rome in Breitbart Business News

    A leading military analyst is citing Italy as a model of counterterrorism done right, pointing out that despite many factors going against it, Islamic terrorists have failed to kill a single person on Italian soil.

    In the most recent issue of Nikkei Asian Review, Romanian born political scientist and military analyst Edward N. Luttwak lays out a persuasive theory explaining how Italy has been so successful in thwarting Islamic terror attempts. In a word: Italy is not afraid to deport those it considers to be a threat to national security.

    In his essay titled “Doing Counterterrorism Right,” Luttwak contrasts Italy with France and Belgium, noting that although Italy is much more vulnerable than they are, it has been far more effective at stopping would-be terrorists before they strike.

    So where France has been “caught by surprise again and again by terrorist attacks with many lives lost” and in Belgium “terrorists have been coming and going for years, buying military weapons with remarkable ease,” Italy has remained unscathed.

    It would seem that Italy doesn’t have much going for it. It has porous borders and a Muslim population that exceeds 2 million and has played an active role in military expeditions in Islamic territories. Moreover, the Vatican is the “most iconic target in Europe,” and tops the list of objectives of the Islamic State, Luttwak observes. And yet, “nobody has been killed by Muslim terrorists in Italy.”

    Italian counterterrorism has been on full alert since 9/11, Luttwak says, and its combined forces “have detected and interrupted hundreds of terrorist plots large and small, at every stage from mere verbal scheming to fully ready actions.”

    So where terrorists have successfully attacked in Madrid, London, Paris, Toulouse, Copenhagen, Brussels and elsewhere, in Italy they have been foiled time after time.

    Luttwak suggests that Italy’s success is all a question of method, based on the insight that the only thing that can be done to stop potential terrorists is to follow those who are suspected to be truly dangerous around the clock so that they can be arrested or killed at a moment’s notice. Since the numbers of probable suspects can be astronomical, Luttwak says, their numbers must be effectively reduced if this strategy is to bear fruit. And this is exactly what Italy has done.

    State intelligence agencies throughout Europe monitor suspects, filling out reports and keeping files, but they often fail to take the action needed. The Italians, however, immediately conduct an interrogation on credible suspects, and many are sent home or arrested, if their situation merits it. Italy currently has more than 180 radical imams in prison, Luttwak notes.

    Employing this method, Italian authorities are able to keep numbers of suspected potential terrorists within a reasonable range and thus are able to monitor them effectively.

    Earlier this month, Franco Roberti, the head of Italy’s anti-mafia and counterterrorism task force, said he intended to protect citizens from the danger of terrorism “by adopting all the preventive measures necessary,” and noted that “we must be prepared to give up some of our personal freedoms, in particular in the area of communication.”

    The fact that the Italians lump together anti-mafia operations with counterterrorism is also telling. Unlike other European states, with the exception perhaps of the UK, Italy has a long history fighting serious organized crime within its borders, coming from the different branches of the Italian mafia working in various parts of the peninsula.

    The Italian interior ministry has reportedly also increased its “targeted expulsions” of persons considered to be a risk to national security. So far this year, 55 individuals have been deported and the ministry has said the numbers will only grow.

    According to Italy’s Interior Minister Angelino Alfano, intelligence and counterterrorism units are reevaluating information gathered in recent months on some 56,000 people, scouring case files to see whether anything could have been overlooked.

    Given Italy’s impressive counterterrorism track record, it may be about time for other European nations to sit up and take note.


    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]


    Tuesday, September 08, 2015

    Court Filing Suggesting 5th Chambers Encroached Illegally On 1st Chambers & Florence Court Powers

    Posted by The TJMK Main Posters





    This opinion was drafted by several of Italy’s most experienced lawyers and it was filed with the Florence court several months ago.

    These passages quoted below raise issues of what the Fifth Chambers under the Penal Code legally can and can not do, with respect to prior rulings of (1) the Supreme Court (the First Chambers which mostly overturned Hellmann in 2013) and (2) the Florence appeal court.

    According to this opinion, the Fifth Chambers has significantly overstepped its legal boundaries in brushing aside previous rulings and trying to fulfill the role of an appeal court, or a first-level trial court (the same stretch the First Chambers considered the Hellmann appeal court to have been indulging in). 

    This is uncharted territory. Judges of the First Chambers and Florence court and the Council of Magistrates all seem likely to side with this seemingly watertight opinion, and so reactions could ripple on for years.

    The Fifth Chambers judges might find themselves increasingly beleaguered. And their rulings on evidence items and the investigators and prosecutors and foreign media would all seem to be moot, if the perception grows that the Fifth Chambers should not even have gone there.

    the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same…

    the Court of Cassation cannot, therefore, ever adopt decisions on the merits and issue orders of acquittal under Article 530, second paragraph, Criminal Procedure Code.

    ...two chambers of the same Court of Cassation, the First (the one competent for proceedings in homicide matters, whose decision of annulment is definitive and who had identified and decided questions of law in a definitive and un-retractable manner) and the Fifth (who would have had to decide the appeals presented only on grounds of legitimacy of the defendants’, constrained by what had already been definitively decided by the First) have handed down two absolutely divergent decisions and the second had annulled the Florentine decision, positively excluding any remitting to another court and acquitting the defendants pursuant to Article 530, second paragraph, Criminal Procedure Code.

    the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same…

    the Court of Cassation cannot, therefore, ever adopt decisions on the merits and issue orders of acquittal under Article 530, second paragraph, Criminal Procedure Code.

    ...two chambers of the same Court of Cassation, the First (the one competent for proceedings in homicide matters, whose decision of annulment is definitive and who had identified and decided questions of law in a definitive and un-retractable manner) and the Fifth (who would have had to decide the appeals presented only on grounds of legitimacy of the defendants’, constrained by what had already been definitively decided by the First) have handed down two absolutely divergent decisions and the second had annulled the Florentine decision, positively excluding any remitting to another court and acquitting the defendants pursuant to Article 530, second paragraph, Criminal Procedure Code.

    from these starting points in fact and in law which are absolutely undeniable, it emerges that the course of proceedings in this case have been absolutely linear and respectful of the substance of the procedural rules up to and including the Florentine decision.

    the Court of Cassation, on the appeal of the Prosecutor-General of [the Perugia] district Court, had in a radical and definitive manner annulled the acquitting pronouncement and had remitted it to the Florentine district court because the same would adopt the consequent decisions of merit in the line of reasoning of the principles of law laid down by the First Chamber of the Supreme Court and of the points decided by it.

    These principles of law are by now unmodifiable and unarguable: the [Fifth Chambers] , called on to decide the matter, as a “second opinion”, concerning the appeal of the defendants from the [Florence] judgment below, would have had to hand down a judgment fully within the “railway tracks” of the law, as fixed by the First Chamber, like the Florentine district court did, principles from among which we may cite:

    [Umodifiable principle] the principle, in fact the unfailing legal prerequisite of a Supreme Court decision, namely the fact that the Court is precluded from “trespassing into a re-evaluation of the compendium of evidence” (see the judgment of the First Chamber at page 40);

    [Unmodifiable principle] the principle of law of the total and holistic evaluation of the probative material, as opposed to the “parcelled-up and atomistic evaluation of the pieces of circumstantial evidence, taking them into consideration one at a time and discarded in terms of their demonstrative potentiality”, which characterised instead, in the negative, the decision of the Court presided by Pratillo Hellmann (see the decision of the same First Chamber at pp. 40 and 41… ). The ancient brocard “Quae singula non probant, simul unita probant” [‘Those which alone do not prove, together do prove’], quoted on p 41 of the First Chamber’s judgment, consecrates in a definitive and unmodifiable manner this requirement of a global and holistic approach in which each individual piece of the jigsaw puzzle of reconstruction of the facts is considered together with all the others in their demonstrative synergy;

    [Unmodifiable principle] the principle by which the [Hellmann] court had run afoul of grave shortcomings and contradictory lines of reasoning and in glaring misrepresentations of the outcome, even in the attempted decoupling of the calunnia, by now definitively attributed to Ms Knox, with the result of masking from view the responsibility of the same in the homicide;

    [Unmodifiable principle] the principle according to which the testimony of the homeless person Mr Curatolo ought to have been evaluated on the basis of corroboration between his statements and the objective and unarguable circumstances emerging from the trial (such as the fact that the witness had with absolute decisiveness anchored the fact of having seen the two accused in the precincts of the basketball courts of Piazza Grimana, nowadays Piazza Fortebraccio, the evening before the arrival, the following day, at the Via della Pergola house of the men from Forensics in their white coveralls), rather than on the basis of Mr Curatolo’s social conditions and lifestyle (see the cited judgment of the First Chamber at page 50);

    [Unmodifiable principle] the principle according to which the definitive conviction of accomplice Rudy Hermann Guede ought to have been taken into account (no. 7195/11, published on 16.12.2010, it also from the First Criminal Chamber of Cassation), Guede having been held to have been extraneous to the simulation of burglary of a house. [A] habitation that, on the night of the murder, was solely at the availability of the victim and of Amanda Knox and from the statements made by the same Rudy before the Perugian district court, according to which Meredith was killed by the two co-accused (see the judgment at pages 55 and 56).

    [Unmodifiable principle] The principle by which contamination of the evidence is to be proved by the party invoking it and which, on the facts of the case, no evidence in support had been offered and which the [Hellmann} Court had seriously confused the abstract possibility of the fact with the averment of the fact (see the judgment at page 69).Umodifiable principle] The principle according to which it was a matter of a homicide committed by multiple persons, in concourse amongst themselves (see page 73 of the cited judgment).

    Here is a translation of Article 530:

    Article 530:

    1. If the act does not subsist [541 2, 542], if the defendant has not commited it [541 2, 542], if the act is not an offence or it is not envisaged by law as an offence, that is, if the offence has been committed by a non-indictable person [c.p. 85] or by a not punishable person for other reasons, the judge issues a judgement of acquittal, stating the reason. 

    2.The judge issues a judgement of acquittal also when there is lack of evidence or it is not sufficient, or there is contradictory evidence that the act subsists, that the defendant has comitted it, that the act constitutes an offence or that the offence has been committed by an indictable person.(1).

    3. If there is evidence that the act has been committed in circumstances of a legal excuse or exemption from criminal liability, that is, there is doubt about them, the judge issues a judgement of acquittal pursuant to clause 1.

    4. In the event of an acquittal the judge applies security measures, in the cases provided for by law.

    And here is a translation of Article 628:

    Impugnability of a ruling issued by a judge after remand

    1. A verdict that had been issued by a court following a Cassation order of remand, may be impugned through a recourse at Supreme Court of Cassation if the ruling was issued on an appeal instance, and through the mean provided by law if was issued on a first instance level.

    2. In any case a verdict issued by a court following a Cassation order of remand may be appealed only on the reasons that do not concern those that had already been decided by Cassation on the order of remand, or for not abiding to disposition of art. 627 paragraph 2.


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