Subject area: Hoaxes against Italy

Tuesday, December 16, 2014

The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholdered Knox

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

3. Sollecito’s appeal to the Supreme Court

In Knox Interrogation Hoax #16 we described the fourth pre-trial hurdle Knox failed to make. That was her appeal to the Supreme Court against the Matteini and Ricciarelli rulings that much evidence pointed to her and for the safety of others she needed to be kept locked up.

Knox hadnt really lifted a finger to deflect suspicion away from Sollecito and the same thing applied in reverse from 2007 right through to 2014 with the one bizarre exception of Sollecito’s book.

Catnip kindly provided this translation below of Cassation’s ruling on Sollecito’s appeal in April 2008 that much evidence pointed to him too and for the safety of others he also needed to be kept locked up.

If Sollecito had not fingered Knox at his own interrogation on 5-6 November 2007 which set her fireworks off, here was his second chance after his memo to Judge Matteini to set things straight and get her off the hook. 

So did he? No. He again left Knox dangling in the wind. 

Summary: Held: the decision to continue pre-trial prison detention for the suspect was reasonable.

THE REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
SECTION 1 CRIMINAL DIVISION

Comprised of the most Honourable Justices:
Dr Torquato GEMELLI - President -
Dr Emilio Giovanni GIRONI - Member -
Dr Maria Cristina SIOTTO - Member -
Dr Umberto ZAMPETTI - Member -
Dr Margherita CASSANO - Member -

have pronounced the following

JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).

REASONS FOR THE DECISION

The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery – in the kitchen of his house – of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

– reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

– absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

– arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

– inexistent evidential value of the phases relative to the discovery of the body;

– absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

– absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

– irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

– interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

– attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

– insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

– missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

THE APPEAL IS UNFOUNDED

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 – coincident with P’s visit – who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told ‘a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, – which would narrowly evaluate as innocuous youthful stereotypes –, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.
Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008


Thursday, December 11, 2014

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

Posted by Peter Quennell




1. The Knox-Sollecito State Of Play

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

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

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

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

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

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

2. More Proof Undermines The Guede Hoax

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

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

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






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

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

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

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

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

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




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






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



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





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





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



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

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

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




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


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

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

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

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

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

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

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


Friday, November 28, 2014

The PMF/TJMK Master Evidence List: First Of Our Projects To Make The Final Picture Whole

Posted by The TJMK Main Posters



High-achiever Meredith Kercher was born less than one mile south of this famous London landmark

Building An Evidence Mountain

There are really three pictures, not just the one, still to be fully made whole.

  • That of Meredith. We believe a family site will soon add to the fine book published by Meredith’s dad.

  • That of all of the evidence the court acquired in 2009, which is the sole picture the Italian citizenry takes seriously.

  • That of the misleading campaign by the Knox and Sollecito PR shills, leaving some in the UK and US misled.

The Master Evidence List is a key part of the second picture and there are several other media-friendly pages still to come.

Click here for more


Tuesday, November 18, 2014

The Knox Interrogation Hoax #16: The Fourth Opportunity Knox Flunked: The Supreme Court

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of false claims made by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

As you will have seen in previous posts, Knox’s team pussyfooted about without conviction in the few brief instances when the 5-6 November session was discussed. In the Mignini hearing of 17 December 2007 they eventually advised her it would be in her best interests to shut up.

This post covers the third hurdle, specifically why in April 2008 the First Criminal Section of the Supreme Court ruled that for reasons of evidence and psychology Knox and Sollecito should remain locked up and the judicial process against them should go forward.

Please consider this meticulous (and for the pair, damning) statement, which denied their release, in light of a couple of explanations which follow in Part 4 below.

3. Catnip Translation: Gemelli Report On Knox

The Judgment

REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
FIRST CRIMINAL DIVISION

Comprised of the Most Honorable Justices
Dr Torquato GEMELLI – President
Dr Emilio Giovanni GIRONI – Member
Dr Maria Cristina SIOTTO – Member
Dr Umberto Zampetti – Member
Dr Margherita CASSANO – Member

has pronounced the following

JUDGMENT

on the appeal lodged by AMK born on X

against the Order of 30/11/2007 Liberty Tribunal of Perugia

having heard the relation [legal analysis] made by the Counsellor [Judge] Margherita Cassano

having heard the conclusions of the Prosecutor-General Dr S Consolo who has prayed the rejection of the appeal

HAVING FOUND IN FACT

1. With the order of 30 November 2007 the Perugia Court, as constituted under Article 309 Criminal Procedure Code, rejected the submission to review lodged by AMK and, as a consequence, confirmed the precautionary prison custody measures disposed in her matter on the 9th November 2007 by the GIP of the same Court in relation to the offences of aggravated wilful homicide in company and in sexual assault by a group, committed on the day of 1 November 2007 against MSCK.

2. According to the reconstruction put forward by the judges of merit, on the 2nd November 2007, around 12:35, the State Police, to whom had been signalled the discovery in the garden of a house of two mobile phones, both resulting to be in the service of the American [sic] citizen MSCK, intervened at an apartment in Via della Pergola in use by Ms K and AMK and two Italian women. At the place were found AMK and her boyfriend RS, the which declared they were expecting the arrival of the Carabinieri, called by them after having discovered that the window of one of the rooms of the habitation presented with broken glass.

The crime scene inspection immediately carried out inside the apartment led to the discovery in the bedroom occupied by Ms K, locked under key, of the body of the woman, which, at the level of the head, was immersed in a lake of blood, was dressed only in two tops pulled above the breast and was covered with a blanket. Beneath this latter was found the print of a shoe in haematic material, collected, besides in the room of the offence, also in a small bathroom adjacent to the same. In a second bathroom, used by the two Italian lessees of the apartment, were found faeces and other natural biological residues. The autopsy immediately carried out permitted the establishment of the cause of death, collocatable around 22 hours of the day of 1st November 2007, to have been due to a haemorrhagic shock from vascular lesions to the neck from an edged blade and that the instrument used to restrain her was constituted of a pointed instrument capable of penetration and with a sharpened profile capable of cutting tissue.

The victim’s body did not present unequivocal signs of sexual assault even though there were found things of some medico-legal interest, in the sense of the observed anal dilation of two-three centimetres, the discovery of minute ecchimoses on the posterior part of the anal ring (otherwise compatible with situations of constipation) and, above all, mauvish marks on the inner face of the labia minore, suggestive of a sexual rapport carried out with haste and occurring a little before the death.

3. The Court had found that grave indicia of guilt as against the suspect were constituted by the following elements:

(a) the autopsy results and the medico-legal report;

(b) the discovery of a knife with dimensions of 14cm for the handle and of about 17 for the blade, seized from inside a drawer of cutlery located in the kitchen of the home of S, carrying, on the handle, traces of DNA referable to Ms K and, on the blade, traces of DNA ascribable to the victim;

(c) statements made by persons informed of the facts, FR and LM, housemates of the victim, who without contradiction excluded that the seized knife were part of the their apartment’s endowment and made mention that Ms K, on the day of the fact, was wearing a top, which has not yet been found;

(d) outcome of the technical tests carried out on a pair of shoes, N brand, size 42.5, property of S, evidencing a perfect correspondence between the aforesaid footwear and the print found at the location of the homicide, as well as on the door of the Via della P apartment which did not present signs of forced entry;

(e) results of technical tests carried out on the palm print found on the pillow on which the victim had been placed and resulting as belonging to RHG, a citizen of the Ivory Coast, nicknamed ‘the Baron’, known to AMK;

(f) presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper taken from inside the larger bathroom of the apartment, where faeces had been found, resulting as being from G;

(g) outcome of biological tests carried out on the blood found in the apartment’s small bathroom, in use by the victim and Ms K, which permitted the establishment that to the victim were attributable the bloodstains present on the mat, to Ms K those found on the washbasin, and to both of the women the blood traces found on the bidet;

(h) statements made by the American [sic] citizen RCB, the which, having returned home to her country a few days after the fact, referred to the Authorities that Ms K, while waiting to be interviewed by the Police on the morning of the 2nd November 2007, had told her of having seen M’s body on a wardrobe (or reflected on a wardrobe) with a blanket on top of her and of having seen her friend’s foot after a police officer had opened the door, circumstances conflicting with the modality of intervention at the apartment;

(i) statements made by the friends of MSCK, the which without contradiction said that the woman had spent the afternoon of the 1st November 2007 in their company and had left their house in the company of SP, who, reaching her own domicile in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than 10 minutes’ distance from Via del L;

(l) statements made by FR and PG, contacted by A after ascertaining that the front door of their house was open, that there were blood stains and that the window of MSCK’s room presented with broken glass

(m) statements made by S on the 2nd, 5th and 6th November regarding his movements both alone and with AMK between the day of 1 November 2007 and the following 2 November, in regards to what was found inside the Via della P apartment, to the call for help to law enforcement, not to mention the reference to the search for strong emotion contained in various of his writings posted on his blog;

(n) statements made on 6 November 2007 at 1:45 by Ms K which indicated L, entranced by M, as the author of the murder after a sexual relation with the victim;

(o) spontaneous statements made by Ms K on 6 November 2007 at 5:45 from which it emerged that L and M had gone to her room, that, at a certain point, M had started to scream, such that A, so as not to hear, had put her hands on her ears, that maybe S was also present in the house;

(p) contents of the account written by Ms K which repeated having heard M scream, to having removed herself into the kitchen and of having blocked her ears with her hands so as not to hear her friend’s scream and of having seen blood on S’s hand during the dinner that had taken place around 23:00 hours on the day of 1 November 2007 in S’s apartment;

(q) contents of a recorded conversation in prison on 17 November 2007 relating to a discussion between Ms K and her parents in the course of which the woman, amongst other things, said “It’s stupid, because I can’t say anything different, I was there and I can’t lie about this, there is no reason to do it”;

(r) tests carried out on the computer and on the mobile phone used by S, from which it emerged that, contrary to the defensive stance of the suspect, his computer had not been used during the night and had been activated only at 5:32 on 2 November 2007 and that, likewise, his mobile phone also had been off during the night and had been first used at dawn on 2 November 2007.

The Re-examination judges concluded recognizing, for continuing the precautionary custody measure, the continuance of all the typologies of precautionary requirements mentioned under Article 274 Criminal Procedure Code.

4. Against the cited order there has been submitted an appeal to Cassation, through her lawyers, by AMK, the which, also by means of a defence memorandum, alleges:

(a) violation of Article 309 paragraph five Criminal Procedure Code with reference to the omitted transmission to the Re-examination Court of the statements made by the suspect RHG arrested in Germany in the execution of a European Arrest Warrant, constituting, contrary to what was adopted by the Re-examination Court, an element favourable to the suspect, relevant for the indication of the author of the offence, identified as an individual of the male gender and, contrary to what as held by the Court, fully usable, given the basis of their acquisition into evidence under Articles 22 and 28 of the law on international judicial representation in criminal matters of 23 December 1982;

(b) Violation of Article 250 paragraph seven, and 357 paragraph two, Criminal Procedure Code, being placed at the foundation of the custody order and of the subsequent provisioning by the Re-examination Court, which indicative elements, the statements made by Ms K on 6 November at 1:45, without defence safeguards, the “spontaneous statements” made at the time of 5:45 hours, are not classifiable as such, given the procedural status invested on her in the meantime, all acts fully non-usable inasmuch acquired in patent violation of Article 63 Criminal Procedure Code;

(c) Violation of law, deficiency and manifest lack of logic in the reasoning with reference to the picture of circumstantial gravity, having regard: (a) to the personality of the suspect, a young foreigner with unblemished record, with a perception of reality altered by cannabis use, a substance which also may have been influencing her excessive and dreamlike behaviours; (b) to the seriously lacunose character of the translation of passages of the suspect’s hand-written account, analysed in a partial manner; (c) to the not unambiguous reading of the contents of the recorded conversation of 17 November 2007 between the suspect and her parents in prison; (d) to the non-probative nature of the DNA traces found on the seized knife, of the suspect’s blood stains on the mat and basin in the small bathroom of the apartment occupied by, amongst others, the victim and Ms K;

(d) Lack and manifest illogicality in the reasoning with reference to the considered circumstantial value, as against the suspect, of the results of tests carried out on the vaginal swab and on the knife in custody, with an un-reasoned devaluation of the considerations put forward by the defence;

(e) lack and manifest illogicality of the reasoning, distortion of the fact with reference to the considered presence of the suspect on the location of the fact and to her contribution purportedly made to the consummation of the offence;

(f) violation of law, deficiency and illogicality of reasoning as to the configurability of the precautionary requirements, given: (1) the absence of a specific danger in evidentiary acquisition even in the light of investigative developments which have evidenced Ms K’s extraneity to the commission of the offence and have allowed the acquisition of statements by fellow-suspect G; (2) the lack of an objective risk of flight in the light of international cooperation between Italy and the USA which would permit, once the suspect’s responsibility has been definitively ascertained, full judicial cooperation; (3) the lack of danger of repetition of the offences.

Observes as of law.
The Appeal Is Unfounded.

1. With reference to the deduced violation of Article 308 paragraph five for omitted transmission to the Re-examination Court of elements appearing favourable to the person placed under investigation (in the type of statements made by G to the German Judicial Authority in the ambit of European Arrest Warrant procedure), this Bench observes as follows.

For “elements in favour of the person placed under investigation” must be understood to mean those objective results, of probative value, suitable for being of positive influence in the evaluative complex of the custody picture (Cass., Sez. IV, 22 giugno 2005, rv. 231749) and in the concrete usable for exculpating the suspect (Cass., Sez. I, 26 settembre 2000, Corrente, rv. 217611) and not information that resolves itself into mere reformulations of the prosecutorial hypothesis or in the advancing of alternative hypotheses (Cass., Sez. Un. 26 settembre 2000, Mennuni).

In line with this interpretative stage there are to be excluded from the enumerated elements appearing favourable and as a consequence obligated to be transmitted to the Re-examination Court, under Article 309 paragraph five Criminal Procedure Code, statements made, as in the case under examination, in the ambit of an extradition procedure against the fellow-suspect who limits himself to giving his own defensive version and to affirm his own extraneity to the facts, without however releasing the other accused subjects from the same crime. It is, therefore, under this profile that the defence petition does not merit granting, it is rejected, rather, by the Re-examination Court on the basis of the erroneous assumption that RHG’s statements were unusable through omission with respect to due process, in reality assured by the German Judicial Authority, which – in conformity with the principles contained in the decision-framework of the Council of Ministers of the Union of 13 June 2002, relating to European arrest warrants and the handover procedure between member States (2002/584/GAI) – have, amongst other things, pre-emptively made the suspect informed: (1) of the European arrest warrant and its contents, even to the ends of allowing him to consent, if necessary, to the handover; (2) of the right to legal and interpretive assistance during the procedure.

2. With reference to the second appeal ground by the defence, the Court observes that circumstantial statements are characterized by a different usability regime under a subjective aspect. In the case in which these originate from a person against whom there already is sustained circumstantial evidence as regards the same crime, that is to a crime connected with or tied to the one attributed to a third party, the same cannot be used not only against themselves, but neither in relation to co-accused in the same crime (or of those accused of connected or related crimes).

The regime of absolute unusability under Article 63 paragraph two Criminal Procedure Code is, instead, to be excluded in the case in which the declarant, whether called to respond, in the same or another matter, for a crime or for crimes attributed to others, which have no procedural ties with the one for which they are being proceeded against, with respect to which the person assumes the character of witness.

In fact, in the first case, due to the close connection and interdependence between the fact itself and the other one, there arises the necessity to also safeguard the declarant’s right to silence; in the second case, the declarant’s extraneity and indifference with respect to the facts in cause renders them immune to possible sanctions carried out by the investigative bodies (Cass., Sez. Un. 13 febbraio 1997, Carpanelli).

On a par with these principles, the statements made by AMK at 1:45 on 6 November 2007, – at the end of which the interview was suspended and the woman was placed at the disposition of the relevant judicial Authority, revealing circumstantial evidence against herself –, are usable only contra alios, while the “spontaneous statements” from 5:45 are not usable, neither against the suspect nor against other subjects accused of participation in the same crime, inasmuch as they were made without due process safeguards by a person who had formally assumed the status of suspect.

On the contrary, the account written in English by Ms K and translated into Italian is fully usable, under Article 237 Criminal Procedure Code, since it is a document originating from the suspect, who had been its spontaneous material author for a defence purpose. The disposition under examination allows attribution of probative relevance to the document not only as regards it and its representative contents, but also in the strength of its particular ties, which tie it to the suspect (or accused), thereby illuminating the review of admissibility which the judge had held to be in operation.

3. The fourth, fifth and sixth grounds of the petition also lack merit. The circumstantial evidence picture specifically concerning AMK is based, in the first place, on the autopsy results, evidencing multiple contusions and ecchimotic areas on various parts of the body (nose, lip, oral cavity, cheek, mandibular and sub-mandibular region, upper and lower limbs, inner face of labia minore, abdomen, dextral latero-cervical region), an ample dilation, in the order of two to three centimetres, of the anal ring with the presence of small ecchimoses, a large wound, disposed obliquely, in the caudal-lateral sense, fully diastased, with sections of underlying tissue right to the cartiliginous layer in the left latero-cervical region, the complete sectioning of the upper right thyroidal artery, the fracture of the hyoid bone in proximity of the left median. The medico-legal tests, carried out after the necroscopic examination of the body of the victim, permitted the confirmation that the cause of death, around 22:00 hours on 1 November 2007, is ascribable to meta-haemorrhagic shock from the vascular lesion on the neck from an edged blade, occasioned by a pointed implement, capable of penetration, and with a sharpened edge able to cut tissues. The anal dilation, the observation of minute ecchimoses on the posterior part of the anal ring and, above all, the mauvish marks on the inner face of the labia minore, are suggestive of a sexual rapport carried out hastily, before the victim had had time to produce adequate lubrication, occurring in a time period proximate to that of the observation, but in any case before death, by reason of the ecchimotic lesions and their colour.

The impugned provision highlights that the complex of these medico-legal conclusions assumes a particular evidential value, in the event that place in correlation with other elements: (a) the statements made by the friends of MSCK, who without contradiction stated that the woman had spent the evening of [1] November 2007 in their company, had started to dine with them from 18:00 hours onwards and had left the house in company with SP, who, reaching her home in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than ten minutes’ walk from Via del L; (b) the outcome of the search effected at the house of RS, romantically linked to AMK, which permitted the discovery and seizure in the apartment’s kitchen, from the cutlery drawer, of a knife, having an approx. 14cm long blade and 17cm handle. The knife, not forming part of the inventory of the house occupied by AMK, MSCK and two Italian women (cf on the matter, the statements made, as persons informed of the facts, by FR and LM), presented traces of DNA on the handle attributable to AMK and on the blade traces of DNA ascribable to the victim.

Weighing against the suspect, in the opinion of the judges, there are, in addition, even in their mutability, statements by RS, who, after firstly having claimed to have remained home all evening and night with his girlfriend, stated, afterwards (cf. Interviews of 5 and 6 November 2007) that, at a certain time, Ms K had left and had come back to his house at only around one in the morning.

The judges of merit have underlined the strict correlation found between the interviews given by S on 5 and 6 November 2007, and the following further elements: (a) statements made by citizen RCB, who, returning to her country of origin, referred to the relevant Authorities the confidence received on 2 November 2007 from AMK regarding the position of the victim’s body and its condition, circumstances that, contrary to the stance of the suspect, she could not have been able to perceive on the occasion of the intervention by the police at the apartment, an intervention that unfolded in a way irreconcilable with the version furnished by Ms K to the friend; (b) statements made by persons informed of the facts FR and LM, who said that Ms K, the day of the fact, was wearing a top, which has not been found since.

The impugned provision, with logically reasoned argumentation, observes that the content of these declarative acts appears even more significant when evaluated also in the light of the written account produced by the suspect, containing relevant references to M’s scream on the night of the fact, to her reactions, consisting of huddling in the kitchen with her hands over her ears, to the presence of a man, to traces of blood noted by her on RS’s hand during the dinner that took placed at 23:00 on 1 November 2007.

Under the same lens appearing imbued with unequivocal circumstantial value is the contents of the recording, effected on 17 November 2007 inside the prison where Ms K found herself restricted to and between the woman and her parents, in the course of which there was pronounced by the accused the following words: “It’s stupid, because I cannot say anything else, I was there and I cannot lie about this, there is no reason to do so”;

These elements must, in their turn, be inserted into a larger circumstantial evidence context, cross-correlated by the identification of a print left in haematic matter present on the scene of the crime from a sports shoe, held to be compatible, by its dimensions and configuration of the sole, with the type of footwear brand “N” used by the suspect and by the failure of the alibi put forward by the young man, being demolished by the technical investigations that were carried out, by which, as he asserted, he had interacted with his computer in the hours in which, according the medico-legal reconstruction, the criminal fact would have occurred, just as also remained demolished that the young man had received a phone call from his father at 23:00, it resulting, instead, said call had occurred at 20:40.

From the same perspective, light has been shone, with precise and logical reasoning, on the circumstance that in the course of the evening of 1 November 2007, almost at the same time, telephonic traffic for AMK and RS ceased, after the latter had received a call on his mobile phone from his father at 20:40, of which reference has been made earlier and, in addition, that S, contrary to what was by him stated, did not spend the night of 1 and 2 November 2007 sleeping, it having been ascertained that the computer and mobile phone at his disposal were reactivated at dawn on 2 November 2007.

The judgment reasons, further, on the concourse aspect of the consummation of the homicide and sexual assault, on the basis: (1) of the outcome of the technical tests carried out on the palm print found on the pillow on which the victim had been placed, and it results as belonging to RHG, known to AMK; (b) of the presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper collected from inside the larger bathroom in the apartment, where there had been found faeces, resulting to have been G’s; (c) of the outcome of biological tests carried out on the blood found in the smaller bathroom of the apartment in use by the victim and by Ms K, which permitted the finding that the blood stains on the mat were referable to the victim, those found on the basin to Ms K, and to both the women the blood traces found in the bidet.

The Court, with thorough and logical reasoning, has illustrated, with full reference to the factual circumstances – inasmuch such are unreviewable in this seat of legitimacy – the reasons for the attribution of pregnant circumstantial value to the elements above recalled, proving the presence on the scene of the consummation of the homicide and sexual assault of AMK, RS, RHG (these last two both known to Ms K), has explained, with articulate and logically correct reasoning, the reasons for which they cannot find agreement with the defence deductions in terms of erroneous interpretation and reading of the recorded conversation of 17 November 2007, of the account written by Ms K on 6 November 2007, of the results of biological and medico-legal tests, of the unreliability of the technical investigations carried out on the computer and mobile phone belonging to S, and has at length examined, including in the light of aspects formulated by the defence, the entire case file, explaining the reasons of its unequivocal value.

So, the argumentative development of the judgment reasoning is founded on a coherent critical analysis of the circumstantial evidence and on its cohesion in an organic interpretative framework, in the light of which the attribution to said elements of the requisite of gravity appears supplied with adequate logical and judicial plausibility, in the sense that they have been considered drivers, with a high level of probability, with respect to the theme of investigations concerning the responsibility, amongst others, of AMK, as to the crimes put against her.

From which, given the evaluation carried out the Re-examination Court on the level of inference of the circumstantial evidence and, therefore, on the more or less demonstrative character of the same in terms of probabilistic qualification of guilt even if not of certainty, it has to be highlighted that the impugned order exceeds the threshold of legitimacy demanded by this Court, whose bench cannot hold itself back from a checking of the respect of rules of logic and of conformity with legal canons which govern the appreciation of grave indicia of guilt, as prescribed by Article 273 Criminal Procedure Code for the ordering of provisions restricting personal liberty, without being able to draw on the intrinsic consistency of the evaluations reserved to the judges of merit.

4. Unfounded, finally, are the censures formulated by AMK’s defence, on the matter of custody requirements, the Re-examination Court having correctly evaluated them, with reference to the parameters to which letters (a), (b), (c) of Article 274 Criminal Procedure Code apply the extreme gravity of the crimes carried out, having had regard to their nature and their method of consummation, the negative personality of the suspect, which emerges from the outcomes of the investigations and from the served case conduct, the specific and binding requirements relevant to the investigations in relation to the clear and present danger for [evidence] acquisition and probative genuineness, considering the necessity for completing the testing and of proceeding with the gathering of other means of declarative proof, the outcome of the handover to Italian authorities, of RHG, as well as allowing corroborations to be made, also permeates the current contrast between the different versions so far furnished of what happened, the clear danger of flight, taking into account the foreign citizenship aspect of the suspect and of the penalty of more than two years’ imprisonment, impacting on the outcome of the recognition of her criminal responsibility.

5. Refusal of the appeal leads in law to the appellant ordered to pay procedural costs.

The Registry will provide for its carrying out as prescribed by Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

FOR THESE REASONS

Rejects the appeal and orders the appellant to pay procedural costs. Disposes transmission via the Registry a copy of the provision to the Director of the penitentiary institution per Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

So decided in Rome, in Chambers, 1 April 2008.

DEPOSITED IN THE REGISTRY 21 APRIL 2008


4. Catnip Translation: Gemelli Report On Sollecito

Summary

Held: the decision to continue pre-trial prison detention for the suspect was reasonable.


THE REPUBLIC OF ITALY

IN THE NAME OF THE ITALIAN PEOPLE

THE SUPREME COURT OF CASSATION

SECTION 1 CRIMINAL DIVISION


Comprised of the most Honourable Justices:

Dr Torquato GEMELLI - President -

Dr Emilio Giovanni GIRONI - Member -

Dr Maria Cristina SIOTTO - Member -

Dr Umberto ZAMPETTI - Member -

Dr Margherita CASSANO - Member -

have pronounced the following


JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).


REASONS FOR THE DECISION


The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery – in the kitchen of his house – of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

  reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

  absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

  arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

  inexistent evidential value of the phases relative to the discovery of the body;

  absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

  absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

  irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

  interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

  attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

  insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

  missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

The appeal is unfounded.

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 – coincident with P’s visit – who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told ‘a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, – which would narrowly evaluate as innocuous youthful stereotypes –, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.

Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008

5. Highlighting Of Relevant Hoax Points

Shown in bold in the statement on Knox are:

(1) the defense appeal against the use of Knox’s 5-6 November statements framing Lumumba (reason given was ONLY no lawyer being present - a need which Knox herself had shrugged off when she herself insisted on writing out the 1:45 am and 5:45 am and noon statements) and there is zero mention of abuse;

(2) Cassation’s reasoning why the first 2 Knox statements (the 1:45 and 5:45) can indeed be used, in the “sub-trial” addressing the calunnia against Patrick, and the third (scribbled around noon) can be used in the main trial.

In neither statement is there any ruling of “illegal” regarding any actions by any interrogators. The Knox shills often falsely claim there was.


Thursday, October 30, 2014

Why Numerous American JUDGES Favor The Supremely Neutral Italian Kind Of System

Posted by Peter Quennell



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.

Sitting judges and prospective judges themselves usually dont like this fundraising, because they have to take time off to raise these funds,  and pressures from donors - including bad-boy donors and in some cases defense lawyers seeking a break - can become extreme.

We have posted previously on enlightened American lawyers favoring main aspects of the Italian kind of system and on American cities now doing the same. Now we see many American judges and public-interest groups inclining the same way.

Why all judges in Italy are impartial and well-trained in the extreme (like all prosecutors) and dont have to keep their paws outstretched is that they are in a merit-based system where only their performance and not their politics counts.

We described how Italian justice system officials have to jump hurdle after hurdle in getting their cases advanced. A very demanding process in which only the best succeed.

It’s the same with their careers. They have to jump hurdle after hurdle in exams and peer assessment to advance from level to level - to make it as high for example as this revered prosecutor here.

Do such serial defamers of the Italian system as Doug Preston and Steve Moore and ex-judge Michael Heavey bother to tell you this about the Italian system? Probably not. They have never been truthful about it before.


Wednesday, October 29, 2014

The Knox Interrogation Hoax #15: Dr Mignini’s Account Of Formal Warning Session Ending 5:45 AM

Posted by The TJMK Main Posters



Dr Mignini examines Knox July 2009 on the “interrogation” at her own initiative

1. Overview Of This Post

Post #1 includes an overview of the entire series and links to all posts up to this one.

Knox has repeatedly claimed that Dr Mignini was present at the informal summary/recap session led by Inspector Rita Ficarra, the actual purpose of which was merely for Knox to suggest a few possible leads the police might interview.

He wasn’t there, though. And he has repeatedly explained that at the second session ending with a second insisted-upon statement by Knox at 5:45 AM, his entire role was to read Knox her rights, and to advise her to say no more until she had appointed lawyers. (Regardless, she then insisted on dictating that second statement.)

Dr Mignini more than anyone else at the central police station that night developed a complete overview of how the two sessions had proceeded.

THREE TIMES Knox willingly put herself under his questioning (December 2007, January 2008, July 2009) to attempt to shake this. While his questioning was formal, polite and quite mild, Knox’s recollection of 5-6 November was scrambled or devious (some think she and RS were both high on hard drugs).

So by the end of those sessions Knox seems to have made a complete disbeliever of Dr Mignini, swayed few if any in Italy, and certainly did not sway the judges of the trial court or any appeal court.

But few English-language reporters other than Andrea Vogt, John Follain and Barbie Nadeau have interviewed and reported Dr Mignini in depth fairly, and there are a number of English-language reporters to whom he kindly gave time who mangled what he lucidly and fairly explained to them.

In July 2009 Dr Mignini wrote an acerbic email to Linda Byron of Seattle TV to attempt to straighten out her own understanding, and although she seemingly tried to hide it, we captured it and translated and posted in full his explanation.

Highly worth reading.

In mid 2011 a similar thing happened. Drew Griffen of CNN was given a three-hour on-camera interview - and sarcastically broadcast cherrypicked and mangled responses from Dr Mignini. Again we obtained Dr Mignini’s full statement, and Skeptical Bystander posted the whole thing in three long parts, with translation by Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

Again, highly worth reading.

In the first 20 minutes of the second hour of the interview, Drew Griffen tried to give Dr Mignini a hard time over the so-called Knox interrogation. Drew Griffen was abysmally informed of the testimony at trial we have been posting and had no idea of the substance of Knox’s one interview on 5-6 November or the fact that this was merely a recap/summary session not ever requiring recording.

Dr Mignini had not himself testified at trial, and he led the testimony of others present on 5-6 November very fairly and without defense protests about any bias. And Dr Mignini is not under oath here. However this 20-minute segment is important, for it reinforces that Knox was treated extremely fairly and she had no genuine reason for complaint about it.

2. From Mid-2011 Interview By CNN With Dr Mignini

0’40’’ English question [Translator’s note: These words are in English in the Italian transcript of which this document is a translation.]

0’48’’ CNN: You didn’t interrogate Amanda?

0’50’’ Mignini: Oh, the police interrogated her. I was told about it. I wanted to explain this. I remember that I had gone to sleep and the director of the flying squad, Dr. Profazio, called me, because he tells me: “There are developments; Raffaele in fact has denied what he had said before”. So I went down and the head of the flying squad told me what had happened. At some point they tell us that Amanda has made this statement.

And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda, who had placed herself on the scene of the crime and who said that she had accompanied Lumumba and let him in and that then Lumumba, in the other room, allegedly committed a sexual act and killed Meredith. This is what she said.

2’11’’ Then I was called, I was informed about this, I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba.

20’48’’ Then I, as I had in some way to, let’s say… this police interrogation had been suspended. At that point I remember that… they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter, who was Mrs. Donnino, I remember there was a police woman officer who wrote the statement down [verbalizzava], I did not ask questions. She basically repeated what she had told the police and she signed the statement. Basically I didn’t ask Amanda questions. Not before, since the police asked them and I was not there, and not after, since she made spontaneous statements. Had I been asking her questions, a defense attorney should have been there. This is the procedure.

05’24 CNN: She had an interpreter during the whole time?

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

05’32’’ Mignini: Look the interpreter was there, when I heard her there was the interpreter. The interpreter Anna Donnino, who is an interpreter for the police; she was hired by the police.

Just like I believe that there was [before], I do not have the minutes now, but yet now this is a fact, it is undisputed that there was an interpreter.

06’02’’ CNN: Amanda Knox says she was interrogated for 14 hours…

06’11’’ Mignini: No, look, absolutely not. At 1 a.m., the minutes of Nov 6th has started at 1 a.m. and I arrived, 14 hours that cannot be, we are really… that’s absolutely impossible. So the minutes were done at one o’clock, then the minutes of the spontaneous declaration was taken at 5.45, it maybe lasted half an hour because no questions were asked. She made her statements; they were translated; then at around 8 a.m., I think, at approximately 8, I drew up the detention order. Thus it is… well, she had been heard earlier, so she had been questioned as a person informed of the facts at around one forty-five a.m. She had previously been heard by a female police officer, but [that’s] because she had gone voluntarily to the police and she reported that, she said things quite relevant to the investigation of Raffaele and was heard by the inspector [Rita] Ficarra. However this [event] ... I was not there, I do not know [about it]. But remember, there are the minutes. Then the minutes in which she was questioned as a person informed of the facts starts at 1:45 of November 6, and cannot have lasted 14 hours ... in no way whatsoever. Then she was arrested at around 8 a.m. or at about 9 a.m. or so.

08’16’’ Mignini: Look, I remember what I saw when I saw her personally, because she said, I told her: “you can make, if you deem it [necessary], a spontaneous statement, because Italian law provides for this. If a person is aware that he/she is suspected [under investigation], may request to speak before a magistrate, it happened many times, they came also to me, and they say “I want to make a statement”. Very well, I listen. If I listen, I wanted this to be highlighted…. to be clear, I listen and that’s all, and I ask no questions, the defense attorney may be not present. But if I ask questions and I object to the facts [of your answers], it is like an interrogation and thus we would need a defense attorney.

09’10’’ CNN: was [Amanda Knox] scared?

09’11’’ Mignini: Well, I recall this feeling that I had in that moment which, [as] I am explaining to you, in the spirit in which I am doing this interview, to explain to you the acceptance [adozione] of our requests [provvedimenti], what was, why the trial went in a certain way. [Translator’s note: The Italian in the CNN transcript is nearly incomprehensible. We have provided the foregoing on a best effort basis.]

09’36’’ She was, she seemed to me like she was uplifted, freed of a weight, and terrified of Lumumba. That’s an impression that has stayed with me, yet I don’t understand. I remember that there was a policeman who was called, from the SCO [Servizio Centrale Operativo] in Rome, who made an impression on me because he was very fatherly. She was crying as though freed of a great weight, and he was trying to console her. I remember there was also a policewoman who, well, she…[missing word?] and I’m sure that.. [missing word?] .. well, all that picture how it was described later… at that moment it wasn’t like that. Right then, there was a situation in which I was trying to console her, to encourage her, because actually we believed that she had told the truth.

11’03’’ CNN: No one hit her?

11’06’’ Mignini: No, look, absolutely not. I can state this in the most positive way, and then, let’s say… I wasn’t there when she was being questioned by police, the rooms are quite far away… you don’t know but I was… it’s quite far, there’s a corridor, and I was with the director, Dr. Porfazio, and she was being questioned in a different place. I also remember that passing through, I also saw Sollecito who was alone in a different room; he was also being questioned, as I recall. I don’t exclude…well…it’s clear that I wasn’t there, but I don’t believe that anything whatsoever happened, and in my presence absolutely not.

11’55’’ On the contrary, there was an attitude of… I mean they gave her [some] ... [missing word?] then she was like, you know, like someone crying from a sense of liberation, as though she had been freed. That was the attitude.

12’51’’ CNN: Why wasn’t there any video or transcript of those hours?

13’00’’ Mignini: Look, that’s, I was at the police station, and all the…let’s say…when I made investigations in my own office, I taped them. I taped them, we have an apparatus for that, and I transcribed them. For example, there’s the interrogation of the English girls, Meredith’s friends, it was all taped. The interrogations of Amanda in prison were taped, and then transcribed, and we have the transcripts of… But in a police station, at the very moment of the investigation it isn’t done, not with respect to Amanda or anyone else. Also because, I can tell you, today, even then, but today in particular, we have budget problems, budget problems that are not insignificant, which do not allow us to transcribe. Video is very important…I completely agree with you that videotaping is extremely important, we should be able to have a video recording of every statement [verbale di assunzione di informazioni] made Because what is said is very important, but it’s maybe even more important how it is said, the non-verbal language. Because from the non-verbal language you can [missing words].

15’14’’ Mignini: It isn’t only Amanda, it’s always like that. But I wanted to say that I agree with him that it’s fundamental, only there’s a problem, especially when the witnesses are so numerous, and in fact just recording, I mean recording the sound, isn’t enough according to me.

15’38’’ CNN: It doesn’t cost much, he says.

15’40’’ Mignini: Well we have significant budget problems, that’s what it is.

15’38’’ CNN: So in the end, you did get a confession. But then, everything that was written in the confession became a lie?

16’16’’ Mignini: But then, there was the fact that she placed herself at the scene of the crime, and Lumumba wasn’t there, together with the three of them, the two of them, but Rudy was there, according to the facts that emerged later. But the fact of having accused…and she’s even accused of calumny in regard to Lumumba, was an element that was very important from the point of view of her legal position at the trial. Why accuse someone of participating in a crime, placing yourself at the scene of a crime? Because with those declarations, she placed herself at the scene, at the place of the crime. And she placed someone there who was a complete stranger to it. Why did she do that? There is one detail that’s particularly significant. Above all when Lumumba was arrested and no one – if it hadn’t been for the Public Prosecutor’s Office that conducted the investigation, and that is mandated to seek elements in favor of the accused, Lumumba would have stayed in prison. But we investigated, and we saw that Lumumba wasn’t involved, that he was the object of calumny and so he was freed and the case against him was archived.

18’15’’ CNN: Was she asked to imagine what might have happened?

18’24’’ Mignini: No, absolutely not. Either you saw a person or you didn’t. I can’t ask someone what they imagine because it would be a question that doesn’t mean anything, that I even don’t understand.

This really does finish our posting of the case for the prosecution on this “interrogation” issue, though at least half a dozen other investigators provided supportive testimony which we have not yet quoted.

Next, how all of the Italian courts up to Cassation concluded that Knox’s claims were unsupported, contradictory, and damaging, and how her three-year prison sentence served was well justified.


Wednesday, October 22, 2014

The Hundreds Of DNA Samples Taken And Analyses Done, Shown In Table Form

Posted by Olleosnep




1. Even Excluding DNA, There’s Massive Evidence

Contrary to foolish claims elsewhere, there’s a great deal of evidence implicating not only Guede but also Knox and Sollecito in the brutal murder of Meredith Kercher. 

The bulk of the evidence is circumstantial, and encompasses different categories of evidence, such as: wounds sustained by Ms. Kercher;  ear and eye witnesses;  footprints; shoeprints; fingerprints and lack thereof; blood patterns; evidence that Ms. Kercher was moved after she died; misplaced items in her room and in the cottage; evidence of partial clean-up; cellphone records; computer evidence; evidence of staged break-in; lack of evidence of actual break-in; statements by all three defendants; lack of alibis; lies by Knox and Sollecito; etc.

A lot of the most critical evidence has been repeatedly reviewed by many different judges involved in the case, from Judge Micheli to Judge Nencini, and led to the unanimous verdict at trial now confirmed by Appeal Judge Nencini. 

2. The Massive DNA Evidence Is Equally Conclusive

We have carried nearly five dozen DNA posts previously on the Scientific Labs work in 2007-09, the discredited judges’ consultants work in 2011, and the Carabinieri Labs work in 2013.

They go to prove that some of the most damning evidence comes from the DNA traces found on hundreds of samples tested by the Forensic Genetics department of the Italian Scientific Police squadron in Rome. The department was presided over by the biologist Dr. Stefanoni at the time [seen above left with Prosecutor Comodi] who acted as the department’s principal technical director.

The results of Dr. Stefanoni’s work were collected in several reports issued by her lab during the 2008-2009 investigation and trial phases. Of these reports, two reports in particular comprise a ‘survey’ of the work performed by her lab at the time: the “Genetic Tests” report (GT), and the “Stato Avanzamento Laboratorio” report (SAL). Both reports are available on the Meredith Kercher Wiki.

These two reports are notable for highlighting the large quantity of testing done and the significant number of objects and items sampled. In addition, the reports not only look at items with blood traces, but also traces of skin cells, feces, semen, and above all, hair traces, an aspect of the evidence that has been largely glossed over in the testimony and in the motivation reports.

3. For The First Time A Complete DNA Roadmap

The DNA Spreadsheet will open using Microsoft Excel or alternatives such as the free OpenOffice. Please note the table is very wide.

In order to better understand the extent of the work and types of the tests performed, I have taken the data that can be gleaned from these two reports and placed them into a single spreadsheet, in order to create a kind of ‘database’ of the testing and analyses done.

This spreadsheet uses the GT report as a basis, followed by additional information obtainable from the SAL report.

The spreadsheet is basically a list of each sample, object and/or test done by Dr. Stefanoni’s team. These include tests done for DNA analysis, testing done for Y haplotype analysis and hair sample analysis. In the SAL report, it is shown that a few samples were tested multiple times. The list also includes some objects which were not analyzed at all, or were only analyzed up to a point.

It should be noted that there are a few difficulties with the reports. The GT report references an associated photographic report that has not been made available. The GT report is also missing a couple of pages and the descriptions of the results are at times inconsistent. Other times it can be tricky to follow exactly what tests were done. Because the report is a black and white scan of an original likely printed in color, some of the information in the tables is difficult or impossible to read. And some traces are missing result tables altogether.

The SAL report is also incomplete. The luminol samples at the cottage and all the samples taken at Guede’s apartment are missing, as are other samples. The scanned pages in the PDF are out of order, making cross-checking with the GT report tedious. The SAL report does not have all the test data indicated in the GT report. For instance, the human antibody tests noted in the GT report are not indicated in the SAL report. The data in the SAL report is often not as complete as one might think. As an example, all hair samples were logged and assigned a sample number. But those hairs that had no DNA extracted, do not have a date of when they were analyzed. Presumably they were all analyzed as a set for each item, given that the sample number is frequently numerically sequential (i.e. 47084, 47085, 47086, etc.). But it’s not possible to say with certainty when the hairs were reviewed from the report.

Nevertheless the GT and SAL reports do have significant information that is of interest to the case. Hence the spreadsheet.

4. Some Guidance For The Use Of The Spreadsheet

Spreadsheets can be useful for presenting various pieces of data together ‘at a glance’. But the real power of spreadsheets for this type of data is that rows can be sorted in order to group similar pieces of data together, allowing one to get a overview of subsets of data.

So, for instance, if one wanted to order all the rows by ‘sample number’ to see the sequence of how they were processed in the lab, one need only highlight all the rows (done by clicking on row number 5, holding down the ‘Shift key’ and paging down to the bottommost row), then go to menu option ‘Data’ and then ‘Sort’ and select the column or columns to sort by- ‘AF’ in the case.

Or perhaps one wants to sort by ‘DNA yielded’ and ‘building’ to see where someone’s DNA was found. Simply select all the rows again, select the menu option ‘Data’ and then ‘Sort’, and select the first column as ‘DNA yielded’ (or column AD), then select as the second column as ‘building (or column F).

To return to the original order, select all rows again and sort on column A.

Note that the first four rows in the spreadsheet are ‘locked’, in order to allow the column headers to be always visible.  If one wants to unlock these rows, select the whole spreadsheet by clicking on the upper left corner of the window where the column header labels and row numbers meet. Once the whole spreadsheet is selected, go to ‘View’ option and select ‘Unfreeze panes’. For Excel version 2007 and higher, click on the little arrow to the right of ‘freeze panes’ button on the menu bar, and there will be the option to unfreeze panes.

If one is handy with Access, or any other database program, it should be possible to import the spreadsheet into that database program, allowing one to perform more powerful ‘queries’.



The Rome headquarters of the Scientific Police which work closely with the FBI

5. Explanations Of Some Of The DNA Data

The data in each column was obtained directly or indirectly obtainable from the two reports by Dr. Stefanoni’s team.

1) Column ‘A’ allows one to resort rows to their original order, which is based on the order of the ‘item number’ noted in the GT report.

2) ‘Item number’ refers to the actual piece of evidence, whether an object sampled onsite or an object that was bagged and taken to the lab, as noted in the GT report.

3) ‘Original item label’ is data provided in the first pages of the GT report, as a way to tie the evidence item back to evidence markers used at the crime scene, and visible in some of the crime scene photos.

4) ‘Page in attached photo report’ indicates that there is an adjunct ‘photo report’ Dr. Stefanoni provided that has not yet been released, and likely has photos of the evidence items ‘in situ’. This information is also noted in the beginning item lists in the GT report.

5) ‘Sample date’ is based on the dates noted in the beginning list in the GT report, indicating when the evidence item was sampled or taken from the crime scene. This is sometimes difficult to read, due to the fact that the report was apparently printed in color and the black and white scan hides or obscures some text and graphics.

6) Columns F-K are location and object data, obtainable from the descriptions in the GT report, especially the first pages that provide a list of where evidence samples were obtained. I broke this data down into various categories to allow different possibilities of grouping the data.

7) ‘Sample obtained’ indicates the type of biological substance that was assumed to contain DNA. This was first obtained from the GT report, and later corrected with the data from the SAL report, which has a more consistent description of what the sample was assumed to be.

8) Columns M through AC list data either directly reported in the GT and SAL reports, or interpretable from them. Column M notes if an item was analyzed or not. In the GT report, unanalyzed items are noted in the beginning list as ‘not analyzed’ though not consistently. In the SAL report, they are noted as having 0 samples.

9) ‘Trace number’ was obtained from GT report, though on a few occasions, the actual number is not clear. Note that the number ‘starts over’ for each evidence item. Sometimes the trace number is sequential, independent of whether it is blood or hair or skin cells. Items having the most traces are those that were ‘heavily’ sampled, including Sollecito’s sneakers, the duvet, Ms. Kercher’s sweat jacket, her jeans, the kitchen knife, the kitchen sponge, etc.

10) ‘Additional trace info’ is additional information noted from both reports about a specific sample.

11) Column P ‘revealed in luminol?’ indicates with a ‘yes’ those samples obtained during luminol analysis. What often gets overlooked is that luminol analysis was performed not only at the cottage, but in Sollecito’s car, Sollecito’s apartment and Guede’s apartment. Notable here is that 14 different samples were obtained from luminol analysis at Sollecito’s apartment. While the DNA data yielded was meager, what is important is not the actual data yielded, but the number and location of samples investigated, including samples from door handles, and different locations like the bathroom, bedroom and kitchen. There was certainly a suspicious amount of blood, bleach or turnip juice at Sollecito’s place!

12) ‘Date of extraction’ comes from the SAL report, though, as mentioned above, it is not consistently reported for every trace or sample analyzed. This indicates when DNA processing occurred on a sample. This column is important to look at when discussing the issue of lab contamination. If one performs a sort on this column and on the ‘sample number’ column, one can clearly see that samples were processed in batches, often a week or two weeks apart. So for instance, claims that the sample 36B happened due to contamination at the lab is really not possible, given that Ms. Kercher’s DNA was analyzed one week earlier (11/5/07 and 11/6/07) and sample 36B is the only sample to contain Ms. Kercher’s DNA from all the samples analyzed on 11/13/07. Similarly, Sollecito’s DNA and Guede’s DNA are only found once each of all the items analyzed on 12/29/07, yet the last time Sollecito’s DNA had been analyzed was on 12/17/07, 12 days earlier. So the likelihood of lab contamination seems extraordinarily small, just from the dates of when samples were analyzed.

13) ‘TMB test positive’ was originally obtained from the GT report. Again because that report is likely in color, a number of tables have either missing graphics or are missing tables altogether. Fortunately the SAL report has duplicated this data consistently.

14) ‘Human antibody test positive?’ is obtained from other tables in the GT report, almost always paired with the TMB table. In some cases where the table data is illegible, I’ve placed a “?” in front of an assumed result. Curiously, this test is not shown in the SAL report.

15) ‘Cat antibody positive?’ is from the GT report, shows that the basement apartment blood samples were all made a by cat, which Dr. Stefanoni comments on in her Massei testimony.

16) Apparently they also ran ‘dog antibody’ testing as well, as is noted in the GT report.

17) ‘DNA extraction done?’ indicates if a decision was made to extract DNA. This was inferred from the GT report. Notable here is that even with samples having cat antibodies, Dr. Stefanoni does the DNA extraction anyway to make sure no human DNA is in the sample.

18) ‘Quantity extracted’ comes from the SAL report. This refers not to the amount of DNA extracted, but specifically to the amount of liquid (50, 100 or 150 microliters) filtered through the Qiagen Bio Robot EZ1 machine. This machine actually filters or purifies the sample, removing all other biological materials like cells, bacteria, etc. leaving only actual DNA molecules which can then be processed. This extraction process is also the quantification process, where from a 50 microliter sample a certain amount of DNA is found and quantified.

19) ‘Human DNA found during quantification’ was inferred from the GT report. It should be noted that for Dr. Stefanoni’s team, DNA analysis involved finding DNA useful for comparison. This means that Dr. Stefanoni was not looking for a sample of any human DNA, but a sample sufficiently ‘complete’ to be able to compare it with others samples. So it was likely often the case that a trace might have snippets and pieces of DNA, but these pieces were either too small or too fragmented to be useful for any profile comparisons. So ‘No’ in this column means not so much that no DNA was found at all, but that no DNA was found that could be useful for comparison.

20) ‘Decision to amplify and analyze’ was obtained from the GT report. Sometimes it is explicitly mentioned in the description of the results in the GT report. Other times, it can be inferred from the lack of tables.

21) ‘Concentrate sample with Speed VAC 110’ means that where “no human DNA was found” (i.e. when no DNA was found sufficiently complete or in sufficient amounts useful for comparison), Dr. Stefanoni decided to process the sample further in an effort to ‘bring out’ whatever DNA there might be. This was done using a ‘concentrator’, which dries the samples and vacuums them, thereby reducing sample fluid to make any DNA present more easily found by the subsequent DNA processing equipment.

22) ‘STR amplification’ is the DNA copying process whereby any DNA found is copied millions of times to obtain samples that can be adequately rendered by capillary electrophoresis. The process Dr. Stefanoni used is described specifically in the GT report for evidence items 12 and 13.

23) In some cases ‘Y chromosome amplification’ is also done. While this may be done at the same time by the same machine, I took any Y chromosome amplification to be a separate test, since per the GT report, it sometimes yielded different results. In a few cases, it is not clear from the GT report if Y chromosome amplification was done on only one sample, or on all the samples of an evidence item. In those cases, I assumed all the samples.

24) ‘Capillary electrophoresis’ is where DNA is rendered through a chemical/electrical process that tags DNA particles with fluorescence. These fluoresced particles are then read by the software of the machine and mapped onto a graph that shows DNA particles as ‘peaks’, which are an indicator of quantity of DNA found. The software of the machine then produced graphs of the peaks obtained and it is these graphs that Dr. Stefanoni and her team used for profile comparison.

25) ‘DNA yielded’ is what is indicated in the GT report and is based on Dr. Stefanoni’s comparison of the DNA profile(s) shown by capillary electrophoresis to index DNA samples she had of Sollecito, Lumumba, Guede, Knox and Ms. Kercher.

26) ‘Egram number’ is taken from the GT report.

27) The ‘sample number’ was taken from the GT and further completed by the SAL report, which has the sample numbers for all samples, whether they were analyzed for DNA or not. The sample numbers are useful for indicating what was happening at the Dr. Stefanoni’s lab. As an example, if one does a sort on column Q (Date of extraction) and column AF (sample number) one can see that between 11/5/07 and 11/6/07, there is gap of 129 samples that were likely performed for another case. The last sample analyzed on 11/5/07 was 47082, and on 11/6/07, the next sample number is 47211. So presumably her lab ran 129 additional DNA tests on samples related to other cases between these two runs. Generally the sample numbers increase sequentially by date, but there are a few exceptions. One in particular is sample 47821, which appears as the last sample on 11/23/07, though samples starting on 11/26/07, three days later, start with sample number 47711. This implies that samples were probably numbered in batches (by sticking numbered labels on tubes or bags) and not necessarily right before extraction or other machine processing was done.

28) ‘Compatibility notes’ are extra comments noted by Dr. Stefanoni in the GT report.

29) ‘Likely substance containing DNA’ is interpretable from the GT and SAL report and the results of the testing done.

30) Finally there are columns related to hair analysis. ‘Type of hair’ comes from the SAL report, and it is sometimes, but not consistently or legibly, noted in the GT report.

31) ‘Hair color’ provides a description of the hair color. Notable is that the hair description is quite consistent, with black, blonde, chestnut, light chestnut, red chestnut being the more significant categories. This is available in both the GT and SAL report and both reports match.

32) ‘Hair length;’ is obviously the length of hair analyzed. I’m not sure how this was done since the machinery used is not indicated in either report. Again, this is in both reports, and again the data matches in both reports.

33) ‘Hair width’ is the diameter of the hair in micrometers, and is available in both reports.

34) ‘Hair marrow’ is found only in the SAL report, and presumably describes the condition of the very core of the hair.

35) ‘Hair end condition’ indicates whether the end of the hair is ‘cut’, a ‘point’, frayed or otherwise.  This is found in both reports.

36) ‘Bulb phase’ relates to the particular phase of hair growth, with DNA apparently present in the hair bulb only during the initial growth phases of the hair. This too is found in both reports.

37) ‘Hair remarks’ are any comments related to hair samples.

38) Lastly, the ‘remarks’ column contains my notes on a particular sample or test, indicating discrepancies or explanations of what I was able to understand.

As noted above, the SAL report does not contain data for all the samples. Per Dr. Gino’s testimony in the Massei trial on 9/26/09, additional SAL sheets were apparently released that indicate that TMB tests were done on the luminol samples at the cottage and that these tests were negative. However it should be noted that TMB is less sensitive than luminol, so it is possible that a luminol sample could be in blood, which however is too diluted to be registered by a TMB test.




6. More Commentary On the DNA Extracted From Blood

1) DNA is only found in white blood cells, not red blood cells

2) The luminol reacts with the iron in red blood cells, not white blood cells

3) Red blood cells outnumber white blood cells by roughly 600 to 1

4) Even if DNA is found it may be not usable for comparison

So just because there is a positive luminol or TMB result does not mean that DNA can be found.

7. More Commentary On The Resulting Statistics

At the bottom of the spreadsheet are some interesting statistics, which I won’t reiterate here, except to note a few things.

a) 227 different objects or site objects were sampled/ obtained for analysis. 30 of these were not analyzed at all. From the remaining 197 objects and site objects sampled, 484 separate tests were set up for analysis, with 93 of these consisting of hair analysis. Of these 484 tests, 193 of them yield DNA data useful for comparison (40%).

b) Of the 193 tests that were ‘successful’, 100 tests yielded DNA compatible only with Ms. Kercher’s DNA (over 50%- again keep in mind their may have been other DNA but it may have been too small or too fragmented to be useful for comparison). Nine additional tests (comprising seven samples) yielded DNA compatible with Ms. Kercher’s DNA mixed with either Knox’s, Guede’s or Sollecito’s DNA. 27 tests had DNA compatible with Guede’s DNA; 18 tests had DNA compatible with Knox’s DNA; 11 more tests had DNA compatible with Sollecito’s DNA. Nine other tests yielded DNA compatible with a mixture of Knox’s and Sollecito’s DNA. 17 tests yielded DNA of unknown men and women (i.e. unmatchable by Dr. Stefanoni), and two tests were of samples obtained from Lumumba.

c) Of the nine tests yielding Ms. Kercher’s DNA mixed with others, five of these yielded DNA compatible with a mixture of Kercher’s and Knox’s DNA. They were all samples found in blood or potential blood- notably: three in the bathroom, one on the corridor floor in a luminol revealed bloody footprint, one in a luminol revealed blood stain in Romanelli’s room.

d) Returning to the discussions about contamination, it is notable that, whether the contamination occurred during site collection or in the lab, one might expect to find bits of contamination occurring here and there over 193 tests. Yet nearly all the arguments involve contamination about two samples, out of 193 tests. Over 50% of the tests that had useful DNA yielded Ms. Kercher’s DNA. If site collection, transport and/or lab procedures were so poor, one would expect to find Ms. Kercher’s DNA in other places as well. Yet very few samples have her DNA mixed with others, and conversely, very few other samples have other mixed DNA. Only nine samples have mixes of Sollecito and Knox’s DNA, eight of which were all obtained at Sollecito’s apartment or from Sollecito’s things (including a pocket knife), and one was obtained from a cigarette butt at the cottage. If contamination was so rampant, why does it occur on only two samples out of 193, (and curiously only on the two most damning samples)?

e) Continuing along the same lines, 118 samples were obtained from Sollecito’s apartment. Of these, 49 were not analyzed, (many were hairs not having bulbs in the right phase). Of the remaining 66 samples that were analyzed, only one, the one the blade of the kitchen knife, had Ms. Kercher’s DNA. And 41 yielded no usable DNA. So if there was contamination, or worse, direct framing of evidence by the lab, certainly there would be more of Ms. Kercher’s DNA amongst those 66 samples, in order to achieve an ironclad case. Yet there is only one sample out of 66 that had Ms. Kercher’s DNA.

f) Similarly, 224 tests were done on objects taken from the upper apartment. Of these 56 were not analyzed for DNA and an additional 61 that were analyzed, did not yield anything useful. Of the remaining 107 tests, only 3 had Sollecito’s DNA (a trace on the cigarette butt, and a trace on the bra clasp having Sollecito’s DNA as well as his Y chromosome.) Surely if there was rampant contamination or worse, direct framing of evidence, one would expect to find more of Sollecito’s DNA in Ms. Kercher’s room. Yet only one sample had his DNA and Y chromosome- the bra clasp.

g) Conversely, it is rather odd that Sollecito’s car was sampled in 16 locations (actually 19 samples were taken but only 16 analyzed), and none of those samples revealed his DNA. Did he ever drive his car?

8. And Finally More Commentary About The Hairs

Guede had black hair. From photos of Nov 2, 2007, Knox had blonde hair and Sollecito had chestnut to light chestnut hair. Meredith Kercher had chestnut to reddish chestnut hair.

93 hairs were found and analyzed. Seven of these were either animal hair or fibers. The remaining 86 hairs were, per the SAL report, all human. Seven of these hairs were black in color. Of the seven, six were short (4 cm or less) and one was long. Of the six short black hairs, four were found on the duvet covering Ms. Kercher, one was found on her mattress cover, and one was found on a sponge (containing fourteen other hairs) at Sollecito’s apartment. It is very likely these short black hairs were Guede’s, and if so, how it one of his hairs get on a sponge at Sollecito’s apartment.

Similarly, 21 blonde hairs were found, ranging from 4 cm to 20 cm. Of these, fifteen were found at Sollecito’s apartment, either on a sponge in the kitchen, or on a sweater. The other six were found at the cottage, with three being found on the duvet, one found inside the small bathroom sink, one found on a mop, one found on Ms. Kercher’s purse and one found on Ms. Kercher’s mattress cover.

Assuming the blonde hairs were Knox’s hair, it is difficult to imagine how they might wind up on Ms. Kercher’s purse and mattress cover.

There were four light chestnut hairs found. One, measuring 9 cm, was found on the kitchen sponge at Sollecito’s apartment. The other three light chestnut hairs were found on Ms. Kercher’s bra (2 cm), sweat jacket (7.5 cm) and the towel found under Ms. Kercher’s body (20 cm).

35 chestnut colored hairs were found, ranging from 1.5 to 30 cm in length. The vast majority were in Ms. Kercher’s bedroom. Two chestnut colored hairs (5 cm and 8 cm) were on the kitchen sponge at Sollecito’s house. It should be noted that three chestnut colored hairs yielded Ms. Kercher’s DNA, measuring 15, 18 and 23 cms.

So even from the hair evidence, it seems that hair having Knox and Sollecito’s color were on Ms. Kercher’s more intimate objects, while Guede’s and Ms. Kercher’s hair apparently were on a sponge in the kitchen at Sollecito’s apartment. In other words, an object used in a clean-up, and in a room that also had five luminol revealed samples.

Even the hair evidence points to Guede, Sollecito and Knox having acted together in the murder of Ms. Kercher.


Sunday, September 14, 2014

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

Posted by Cardiol MD



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

Overview Of This Series

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

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

Prior Preparations And Procedures

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

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

Ground Covered In Dr Chiacchiera’s Testimony

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

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

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

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

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


My Assessment Of This Court Exchange

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

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

Public Prosecutor Comodi [MC]

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

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

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

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

{Examiner asks another triple-question}

MaCh:  Yes.

{Witness simply answers question as worded by Examiner}

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

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

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

{Witness begins appropriate narrative response, but Examiner interrupts}

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

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

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

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

MC:  The Perugia Forensics?

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

MaCh:  The Perugia Forensics, I highlight, yes.

{Witness emphatically agrees with Examiner's question}

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

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

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

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

{Examiner's 1st simple Q.}

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

{Witness answers Q in reasonable detail}

MC:​In the person of…?

{Examiner seeks more detail re specific Postal Police Personnel}

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

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

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

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

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

{Witness responds appropriately}

MC:​In via Sperandio.

{Probably a Q, but implicitly inviting more specificity}

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

{Witness flounders, seems unable to be more specific}

MC:​A field

{Probably a Q, but implicitly inviting more specificity}

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

{Witness seems to be in informal conversational mode}

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

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

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

{Witness responds to Q with detailed narrative}

MC:​Why?

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

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

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

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

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

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

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

MC:​The dark-green wooden ones?

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

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

{Witness amplifies narrative response but is interrupted by Examiner}

MC:​Of theft.

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

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

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

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

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

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

{Witness recognizes unspecified exhibit}

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

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

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

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

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

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

MaCh:​I believe so.

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

MC:​I try …

{Examiner begins to speak but is interrupted}

Judge Massei [GCM]:​How?

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

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

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

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

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

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

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

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

{Court begins explanation to confused witness}

MaCh:​I said yes. Yes.

{Witness interrupts Court - confusion reigns}

GCM:​You saw it? You saw the rock?

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

MaCh:​Yes.

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

GCM:​When you saw it, where was it?

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

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

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

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

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

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

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

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

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

MaCh:​Mr President ....

{Witness begins to Interrupt Court}

GCM:​... away from it approximately.

{Court finishes his interrupted statement}

MaCh:​Yes.

{Witness agrees with Court's completed statement}

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

{Court states his understanding in form of Qs.}

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

{Witness impatiently agrees with Court's understanding}

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

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

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

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

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

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

MC:​The outside one.

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

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

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

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

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

Giulia Bongiorno [GB]: ​I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

{GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

MC:​But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

{Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

MaCh:​It happens to us too, at times, to reason/think rationally …

{Witness joins colloquy, amplifying Examiner's argument.}

GCM:​These reasonings/deductions, then determined your investigative activity in one direction rather than in an …?

{Court seems to invite further amplification by witness}

MaCh: ​Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach – I won’t say conclusions – but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken … a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as … (overlap of voices).

MaCh:​… particular.

{Witness further amplifies narrative}

GCM:​You formed these considerations, and what did they lead you to?

{Court asks simple Q.}

MaCh: ​That very probably the author or authors knew the person, or at any rate that the author or authors did not enter … did not enter from the window-pane of that window.

{Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

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

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

This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

Analysis of Chiacchiera’s Testimony will continue in a future post.

 


Saturday, August 02, 2014

Questions For Knox: Why Does Book Smear Others On Drug Use, Severly Understate Your Own?

Posted by Peter Quennell



Once-effusive Knox book team Robert Barnett, Linda Kulman (shadow writer) and Ted Simon

1. Previous Reporting

Please see our previous posts here and here.

Knox was discovered by police to have been sleeping with a dangerous drug-ring leader for drugs since she met him and had sex on a train to Perugia. That connection led them to capture him and directly helped to put him in prison.

2. Questions For Knox & Team

That hot potato of a book you put together and marketed for a rumored $4 million… did you exercise any due-diligence fact-checking?

What exactly did you tell the publishers to assure them? Hard truths or truthiness? Especially as the UK and Italian publishings were halted, for legal reasons, at the very last moment. And as Knox had already served three years for lying.

That Knox had been consorting with a drug wholesaler, Federico Martini, and sleeping with him (as she herself admitted in the diary her own team circulated) quite possibly in return for free drugs was right out in the open in court and in the Italian media way back in January 2009.

That was even before her trial really got under way and a full four years before you put together her book deal.

See our past three posts. Now new proof of Knox’s dangerous doings has emerged with a first published police report, and the Italian media are now all over this.

The release in Italy of police wire-tap transcripts of conversations between Knox and this drug kingpin she was instrumental in imprisoning is said to be only a matter of time.

So are Italian TV crimeshows featuring persons with personal knowledge of Knox’s shenanigans.

Please take a look at these key passages in Knox’s book - your book - where she drops a small army of others in it for drug use and for unsavory measures to hide it.

Knox heavily disguises here that her own drug doings were way, way worse. You were surely not a party to this serial misleading?

If not, this could be just the right time to put real distance between yourself and Knox. She will unquestionably be charged with other false claims soon, and you would surely not want to be called to court as a person of interest.

It seems only fair to warn, if you dont already know, that these Knox fibs are only a very, very, very small fraction.

3. Twenty Book Quotes That Hide The Real Story

They said I wasn’t the first roommate they’d interviewed. A guy they called “totally uptight” was interested in renting, until he found out they smoked—¬cigarettes and marijuana. “Are you okay with that?” Filomena asked. “I’m from Seattle. I’m laid back,” I answered. “I don’t smoke cigarettes, but I’ll share a joint.” A few minutes later they rolled one and passed it around. I inhaled deeply and relaxed.

Around our house, marijuana was as common as pasta. I never purchased it myself, but we all chipped in. For me, it was purely social, not something I’d ever do alone. I didn’t even know how to roll a joint and once spent an entire evening trying. I’d seen it done plenty of times in both Seattle and Perugia, but it was trickier than I thought it would be. Laura babysat my efforts, giving me pointers as I measured out the tobacco and pot and tried rolling the mixture into a smokable package. I never got it right that night, but I won a round of applause for trying. Either Filomena or Laura took a picture of me posing with it between my index and middle finger, as if it were a cigarette, and I a pouty 1950s pinup.

What I didn’t know when I arrived was that the city had the highest concentration of heroin addicts in Italy. I never heard about the high level of trafficking and drug use until I was in prison, bunking with drug dealers.

“Do you like marijuana?” I blurted. “It is my vice,” Raffaele said. “It’s my vice, too,” I said. I loved the phrase in Italian. Raffaele looked surprised, then pleased. “Do you want to come to my apartment and smoke a joint?”  I hesitated. He was basically a stranger, but I trusted him. I saw him as a gentle, modest person. I felt safe. “I’d love to,” I said.

When I first saw [flatmate] Laura, she was dry-eyed. She came up and hugged me and said, “I can’t believe it. I’m so sorry. I know Meredith was your friend.” Then she sat me down and said, “Amanda, this is really serious. You need to remember: do not say anything to the police about us smoking marijuana in our house.” I was thinking, You can’t lie to the police, but I considered this anxiously a moment and then said, “Okay, I haven’t yet. I won’t.

When we finished, a detective put me through a second round of questioning, this time in Italian. Did we ever smoke marijuana at No. 7, Via della Pergola? “No, we don’t smoke,” I lied, squirming inwardly as I did. I didn’t see that [flatmate] Laura had left me with any choice, and I felt completely trapped by her demand. I could barely breathe until the detective moved on to a new topic, and when he did, I was hugely relieved. I thought that was the end of it.  Aside from what I said about our villa’s drug habits, I told him everything I could possibly think of.

I didn’t think I could take any more surprises, but they kept coming. Next, the police opened up a closet to reveal five thriving marijuana plants. “Does this look familiar?” they asked. “No,” I said. Despite my earlier lie about not smoking in our house, I was now telling the truth. I was stunned that the guys were growing a mini-plantation of pot. I couldn’t believe I had talked to them every day since I’d moved in six weeks earlier and they’d never mentioned it.

She led me through the waiting room and into the same office with the two desks where I’d spent so much time. As we were walking, she looked at me, narrowing her eyes. “You said you guys don’t smoke marijuana. Are you sure you’re being honest?”  “I’m really sorry I said that.” I grimaced. “I was afraid to tell you that all of us smoked marijuana occasionally, including Meredith. We’d sometimes pass a joint around when we were chilling out with the guys or with Filomena and Laura. But Meredith and I never bought any pot; we didn’t know any drug dealers.”

I replied to the message telling him that we’d see each other right away. Then I left the house, saying to my boyfriend that I had to go to work. Given that during the afternoon with Raffaele I had smoked a joint, I felt confused because I do not make frequent use of drugs that strong.

It was during this conversation that Raffaele told me about his past. How he had a horrible experience with drugs and alcohol. He told me that he drove his friends to a concert and that they were using cocaine, marijuana, he was drinking rum, and how, after the concert, when he was driving his passed-out friends home, how he had realized what a bad thing he had done and had decided to change.

We talked about his friends, how they hadn’t changed from drug-using video game players, and how he was sad for them.

That night I smoked a lot of marijuana and I fell asleep at my boyfriend’s house. I don’t remember anything. But I think it’s possible that Raffaele went to Meredith’s house, raped her and then killed her.

Their theory seemed to be that I knew Guede from the time Meredith and I had met with the guys downstairs in front of the fountain in Piazza IV Novembre—the night Guede told the guys I was cute. He hadn’t made an impression on me at all then. The prosecution hypothesized that, after that night, he’d gotten in touch with me, perhaps about buying drugs.

The prosecution’s simple story was absolutely false, but it apparently rang true for the authorities. They added flourishes in the course of the trial—Meredith was smarter, prettier, more popular, neater, and less into drugs and sex than I was. For some of or all these reasons, she was a better person, and I, unable to compete, had hated her for it.

Laura and Filomena had always bought the marijuana for the villa’s personal use. But when Filomena shrugged her shoulders helplessly on the stand, she made it seem that the only reason marijuana was in the house was because of me.

When Mignini brought up names of guys who’d come over, Laura replied, “Those are my friends.” When he asked if anyone in the villa smoked marijuana, she said, “Everyone.”

Carlo [Dalla Vedova], who’d never sugarcoated my situation, said, “These are small-town detectives. They chase after local drug dealers and foreigners without visas. They don’t know how to conduct a murder investigation correctly. Plus, they’re bullies. To admit fault is to admit that they’re not good at their jobs. They suspected you because you behaved differently than the others. They stuck with it because they couldn’t afford to be wrong.”

In Quito, where she lived, Laura [another Laura, in Capanne, not flatmate Laura] had dated an Italian who invited her to Naples for vacation and bought her a new suitcase. When she landed at the Aeroporto Internazionale di Napoli, it was not her boyfriend who met her plane but the customs police. They arrested her for the cocaine they found sewn into the luggage’s lining. The boyfriend, it turned out, had not only turned her into a drug mule, but had lied about his name. He was untraceable. She was sentenced to nearly five years in prison.

Curatolo was recalled as a witness, but he came under different circumstances. The onetime homeless man was now in prison himself, on drug charges.... He confirmed that he was now in prison, adding, “I haven’t quite understood why yet.” Asked if he’d used heroin in 2007, he answered, “I have always used drugs. I want to clarify that heroin is not a hallucinogen.

Curatolo didn’t know what he was talking about, poor guy. If my life didn’t depend on his being wrong, I’d just feel bad for him,” I reported. ““The broadcasts here are saying that he’s a confused drug addict!” someone cried.


Tuesday, July 29, 2014

Italian Reporting Of Prolonged Knox/Cocaine-Dealer Connection; Media Digging

Posted by Peter Quennell




1. How Drug Use Was Addressed At Trial

The story of Knox’s drug use clearly has legs. But whoever is driving it, the trial prosecution is not - they are simply sitting back and watching.

Police and prosecutors have never driven the perception that Knox and Sollecito were stoned on the night when they attacked Meredith. Judge Micheli wasnt keen on this possible “out” and besides they have never had a reason to.

It was in fact the defenses who drove the drug-use argument. Knox admitted to police on 5-6 November 2007 to marijuana use, and so did Sollecito. He already had a minor record of cocaine possession. Both tried to use the argument at trial that they were indeed stoned. But that was only to explain major discrepancies in their statements, not to say that drugs helped to fuel the attack on Meredith.

The defenses had an opportunity with Judge Matteini, the guiding magistrate from late 2007 though to Judge Micheli’s arraignment in October 2008, to try to seek lesser charges due to impaired capacities. But either they did not want to, or they were prevented by the families from doing so.

At trial in 2009 the prosecution remarked that the two were suspected to have been using cocaine (the symptoms seem to us pretty obvious) but the defence simply shrugged at this and did not contend it.

Judge Massei never mentions amphetamines. Two defense experts were brought in to try to convince the Massei court that the admitted drug use had fogged their clients’ brains. Judge Massei simply recorded this doubtful claim in his sentencing report. He gave the perps no breaks based on this reasoning.

]page 393] On the effects of drugs of the type used by Amanda and by Raffaele, such as hashish and marijuana, [we] heard the testimony of Professor Taglialatela who, while underlining the great subjective variability (page 211, hearing of 17 July 2009) specified that the use of such substances has a negative influence on the cognitive capacity and causes alterations of perception (pages 201 and 207) and of the capacity to comprehend a situation (page 218).

In his turn, Professor Cingolani, who together with Professor Umani Ronchi and Professor Aprile, had also dealt with the toxicological aspect (see witness report lodged on 15 April 2008, pages 26 and following), responding to the question he had been asked as to whether the use of drugs lowers inhibitions replied: ‚That is beyond doubt‛ (page 163 hearing of 19 September 2009), while correlating that effect to the habits of the person [on] taking the drugs. Raffaele Sollecito’s friends had furthermore stated that such substances had an effect of relaxation and stupor.

2. New Reporting On Knox/Drug-Dealer Connection

Below is the new Giallo report on a connection between Knox and drug-dealers kindly translated by our main poster Jools. Note that the main drug dealer Frederico Martini (who is “F” below) and others were convicted back in 2011 and the connection to Knox was reported then in the Italian press, though not in the UK and US press.

The main new fact here is that Giallo has the dealers’ names. Giallo makes clear it obtained the names legitimately from open police records, not from the prosecutors back at trial.  Dr Mignini merely takes note of the names which Giallo itself provided and he doubted that Knox would now become truth-prone.

Clamorous [Sensational/Scoop]

The American woman already convicted to 28 years for the murder of her friend Meredith.

A NEW LEAD, LINKED TO DRUGS, PUTS AMANDA KNOX IN TROUBLE

The woman was hanging around a circle of hashish and cocaine traffickers. One of them had intimate relation with her. Another, a dangerous criminal offender, had attempted to kill his brother with a knife. Are they implicated?

“During the course of the investigation into the murder of Meredith Kercher we have confirmed that a person whose initial is F. would occasionally supply drugs to Amanda Knox, as well as having a relationship with her supposedly of a sexual nature.” So begins an [official note] annotation of the Flying Squad police in Perugia dated January 19, 2008, two and half months after the terrible murder of the young British student Meredith Kercher. An annotation that could open a new, worst-case scenario on the Perugia murder and on one of its most talked-about protagonists, Amanda Knox, besides making it possible to convince the USA to send her back to Italy for a new trial.

But why is this annotation so important? And who is this mysterious F. that is now entering the scene? Let’s see. When Amanda came to our country to study, in September 2007, did not yet know Raffaele Sollecito, the guy from Giovinazzo who will be accused together with her and Rudy Guede, a thief and drug dealer, of the murder of Meredith. But she soon started to hang around characters implicated in a drug ring for university students in Perugia. A particularly disturbing entourage of whose members included dangerous multi-convicted felons. The first one is precisely F. We will not disclose his full name or F’s last name, for reasons of discretion, but GIALLO knows them.

In 2007, F. is a student of psychology from Rome, much older than Amanda. The two meet on a Milano-Florence train and decide to visit the city together in the evening, Knox having gotten rid of [her sister] she and F. smoke a joint together. “My first smoke in Italy,” says the same Amanda on MySpace, a social network site that was popular seven years ago. The two end the Florentine evening in his hotel room. Photo evidence of this new friendship was formerly on Myspace, because Amanda publishes a photo of F., half naked. An aunt commented: “Do not date strange Italian guys.”

Once she settled in Perugia, Amanda continues to have contact with F. His number is in Amanda’s phone book, and they both frequently called each other, before and after the murder.

F., also appears in a “list” of Italian guys she slept with which was compiled by Amanda on one of her big school notebooks and also in her autobiographical book Waiting to be heard. In the book Amanda talks about F. but changes his name and calls him Cristiano. Maybe to protect their privacy, maybe to obfuscate opinions. She writes of him: “I promised my friends that I would not end up sleeping with the first guy that comes by, but F. was a change of plans.” Further adding that in Italy smoking joints is simply normal, “like eating a plate of pasta.”

On the other hand Amanda spends a lot of money in the several months she’s in Perugia. In September, she draws out $ 2,452 from her bank account, that’s 1,691 euros. How did she spend it? No one has ever investigated this, and she does not explain it. She says she used the cash for living [expenses], but considering that the rent she had to pay was only 300 euros, and that twice a week she worked as a waitress in the bar of Patrick Lumumba, Le Chic, putting more cash in her pocket, the [living] expenses seem really excessive.

What does Amanda do with all that money? For sure she does not buy only hashish, which is not so expensive. Was she, then, using cocaine? The [police] annotation makes you think of it. And this could explain both the state of alteration of the girl on the night of the murder as well as a possible motive. Amanda that evening returned home to get some money to pay for the drugs, and she encountered Meredith? The girls had a fight, as Rudy Guede says in his reconstruction of that night, why, did Amanda steal Meredith’s money? Was Amanda on her own, or maybe she made sure she was accompanied by Rudy or other drug dealing friends?

No one has ever investigated this, or Amanda’s dangerous acquaintances. So dangerous that the same F., in 2011, was arrested. To be precise that started from the analysis of Amanda’s mobile phone, police investigators found that in fact F. and two of his close friends, Luciano and Lorenzo, were part of a major drug ring: all three ended up on trial for selling cocaine.

On January 14, 2011 they were all sentenced. The court judges established that Luciano was the one that supplied the other two: He was to serve two years and eight months in prison.

But let’s read the rest of the police annotation because what this reveals is really disturbing: “F. is contacted by phone by the presumable clients placing an “order” with him of the quantity of drugs they want to buy and in turn he contacts various Maghrebi characters ordering. It is also established that F. associates with multiple-convicted offenders of very serious crimes in the matter of drugs, and with persons such as A. Luciano, with whom he maintains frequent contacts aimed at drug trafficking.”

And precisely in this way Luciano, linked to F., a friend of Amanda, has a terrible past. The cops wrote this about him: “The above-cited Luciano on the 28/7/2006 was arrested by the carabinieri in Foligno because he was responsible for the murder attempt of his brother, who gave him 16 stab wounds inflicted with a kitchen knife.”

Luciano, therefore, who sells drugs in Perugia and provides supply to F., with whom he is often in touch, is an unsuccessful killer. Only a year before the murder in Perugia, under the influence of drugs, he tried to kill his brother during an argument over money and drug dealing. Luciano, out of his head that evening, grabbed the knife with which he was slicing a melon in the kitchen and stabbed his brother’s body 16 times.

A scene not so different from what the judges think happened in Meredith’s house, and even from what was described by the same Amanda on the 5 November 2007 when, at the end of a night of contradictions and anguish, confessed giving culpability of the murder to Patrick Lumumba, the owner of the bar Le Chic, who later proved to be unconnected with the facts of the case. Amanda said: “Patrick and Meredith went to Meredith’s room, while I think that I stayed in the kitchen. I heard screams and was scared, I covered my ears.”

Where were, F. and Luciano the night of the murder? And who was there that night, instead of Patrick? Questions still unanswered. What seems likely, however, is that Amanda was not with Raffaele, who was at his home on his computer. The judiciary may now decide to open a new file on her. Will the USA grant extradition?

Here is the translation of Dr Mignini’s interview with Giallo translated by Kristeva.

Luciano [Giuliano] Mignini, the judge leading the investigation, talks “Amanda knows how to lie very well: she seems sincere and credible ...”

[GM] The magistrate has directed all investigations: it is she [Judge Matteini] who had Amanda, Raffaele, Patrick Lumumba and Rudy Guede arrested.

[GM] “In the Supreme Court of Cassation new revelations don’t count” Giuliano Mignini, deputy prosecutor of the Attorney General Office of Perugia and public prosecutor of the first trial for the murder of Meredith [Kercher], goes straight to the point.

Mr. Mignini, pending the Supreme Court, Raffaele Sollecito seems to have distanced himself from Amanda Knox. He claims he is not certain that the American girl has spent the whole night with Sollecito ...

[GM] “All this is irrelevant. In Court of Cassation only questions of laws can be raised. They do not take into account the new elements of reconstruction of the facts. Trials are based on the acts of the proceeding. Sustaining now a different reconstruction of what happened is a question of merit that does not in any way interest cassation.”

Amanda has repeatedly argued that her version of the facts had been affected by heavy pressures from the prosecutor’s office.

[GM] “Nothing could be more false. The process of investigation and trial proceeding of Kercher’s murder has had from the beginning an unprecedented media pressure, which has confused some ideas in public opinion. The trial should take place with the guarantee of an adversarial process, with equality of prosecution and defense. When one steps out of these parameters one ends up with a trial through the media. In this scenario, the foreign press, especially the American one, not taking into account our legal system, has given its input. They created a discourse that sounds a bit like this:she is one our fellow citizens and therefore she must be innocent. “

And if today even Amanda was to change her version?

[GM] “I would be astonished. She had plenty of occasions to tell her truth”

What was your impression of Amanda?

[GM] Amanda is very intelligent. She cleverly tried to divert suspects from her, as in the case of the staged burglary, a huge lie. Amanda is shrewd like when she accused Patrick Lumumba. On that occasion she appeared credible, she was crying. She looked as if terrified. I believe she’s a very theatrical girl and in a certain way even anti conformist: while everyone was crying and were worried, she was doing cartwheels.

What was her relationship with Meredith?

[GM] “Amanda did not like to be contradicted and had a conflictual relationship with Meredith. There were constant arguments regarding Amanda’s behaviour that Meredith could not tolerate. She believed that Amanda stole her money.”

And what type was Sollecito?

[GM] Raffaele is an enigmatic character. He is a shy young man who was subjected to Amanda’s strong personality. He was very attracted to Knox who in the meantime did not disdain the company of other acquaintances.

About acquaintances, Amanda knew some drug dealers. Could they have had a role in the murder?

[GM] “I cannot answer this” But then writes down their names.

[By] Gian Pietro Fiore

3. Our Comments On The Giallo Report

As observed above, for Italians most of this is actually not new news. The new news is that Giallo now has all the dealers’ names, from the open records of the police.

Giallo’s mention of a possible new trial is presumably connected to this drug-dealing, as the trial for Meredith’s murder and Knox’s and Sollecito’s failed appeal have both concluded, and only Cassation’s endorsement of the verdict is awaited.

Giallo’s references to Guede as a drug dealer and thief are both unproven. He had no criminal record prior to final conviction by Cassation. He was never a police source, and got zero breaks, ever. He was unknown to Dr Mignini until some days after Meredith was attacked and forensics identified him.

4. UK and US Media Get Key Fact Wrong

The UK’s Daily Mail has wrongly claimed that Italy’s Giallo magazine had reported as follows: “Italian prosecutor from Amanda Knox trial gave newspaper list of drug-dealer names associated with American student”.

In their headlines the US’s National Enquirer and Radar Online make the same wrong claim, though they quote enough from Giallo to show how that magazine really re-surfaced the report.

So for now UK and US media get that key fact wrong.  This surely wont be the end of it though. The story finally has legs of its own, and clearly the media in all three countries have a willingness to pursue it more.

In the interview also posted on Giallo Dr Mignini doubted that even now Knox will tell the truth - in fact it is hard to see what she can say. We will wait and see.

5. Ground Report Also Gets It Wrong

This shrill report from “Grace Moore” about Guede and Dr Mignini in Ground Report is both seriously wrong on the facts and defamatory - she should try saying that sort of thing about any American prosecutor.  “Grace Moore” should find out what the roles of Judge Matteini and Prosecutor Comodi were, and why after a malicious prosecution against him Prosecutor Mignini is riding high on Italian TV - and pouring cold water on satanic claims about any crimes.

Paul and Rachel Sterne, the father and daughter owners of Ground Report which carries well over 100 similarly inflammatory posts, could in theory be charged by both Italian and American prosecutors, as they are an eager party to bloodmoney (a felony), harrassment of the victim’s family (a felony) and obstruction of justice under Italian law for poisoning opinion out of court (another felony).

They need to clean up their site and make some amends.   


Click to enlarge


Monday, June 30, 2014

Apart From Cassation’s Unyielding Mandate, More Problems With The Belated Sollecito/Bongiorno U-Turn

Posted by The TJMK Main Posters


1. The Appeal’s Grounds For Separation

That bizarre infatuation of Bongiorno’s with Knox as Jessica Rabbit is clearly long-gone.

Now the poor boy was home alone and the absent Miss Rabbit had reason and opportunity. Tiziano posted these ten translated points from the new Sollecito appeal to Cassation, which seems to have the highly nervous Knox camp’s tongues tied.

Among the numerous flaws the proceedings appealed against present, the one linked to the claimed impossibility of differentiating between the two accused stands out.

On this point the Appeal Court denied any in-depth analysis at all of the individual roles - an investigation urged by the defence - avoiding taking any position about alternative constructive hypotheses.

10 points are enumerated by the defence in this regard:

- AK’s memorial referring to events at via della Pergola was in the singular

- AK reported receiving SMS not to go to work from Lumumba, but went out just the same

- AK admitted having lied to RS

- RS did not calumny anyone: the accusation against PL was never confirmed by RS

- AK in her memorial positioned only herself at the crime scene at the time of the scream

- only AK’s blood was on the knife blade

- no mixed traces RS/MK were found and highlighted by luminol in the house

- Quintavalle claimed to have seen AK the morning of November 2nd, not RS

- RS did not know RG and had no reason for wanting MK’s death

- the alleged bad relations and the question of disappearance of money regarded only MK and AK


2, Popper Explains Why They Will Go Nowhere

Popper the highly informed Italian commenter on TJMK and PMF has explained on a previous post why this will fall on deaf ears in Cassation.

if RS said something he has not said before it would make no difference now. No more evidence can be admitted at the trial.

Fase istruttoria is over as judgement of merit.  Cassazione can only respond on points appealed and they must be points of law otherwise they are not admissible. Defendants do not talk in hearing.

Once they are convicted, for example, if he had new information on the case and new evidence that proved (in a convincing way) he is not guilty, he could ask for revisione, basically a review of the trial.

He clearly has nothing to say though ... if he said she went out, judges knew that already. If he said that night he was in Milan and could prove it conclusively, that could trigger a review of a final sentence.

We are clearly talking in theory, no such thing will happen.


3. Could The 10 Points Have Worked Previously?

If Judge Nencini was still in the saddle could the ten points have had merit?

Our continuing Interrogation Hoax series has been hammering on the fact that on 5-6 November 2007 quite unpressured Knox herself did state that she went out alone without Sollecito on the night Meredith was murdered. 

But these ten cherrypicked points above and a claim that RS was not even at Meredith’s house that night are self-destroying over-reach. They would not have caused a win or partial win for Sollecito. Not one of them stands up as a get-out-of-jail-free card upon close readings of the reports of Judge Massei and Judge Nencini.

The lower courts did NOT deny analysis of the individual roles - the two themselves opted to be tried together, while Rudy Guede, fearing two snakes, chose to be tried separately.

WHEN did the defense urge investigation of their differing roles? What did the Massei trial court miss? It had many months of the sight of Sollecito - sitting there sulky, saying little, not taking the stand. Yes, not assisting Jessica Rabbit with an alibi, but that was not so obvious.

The wounds on Meredith and the evidence points in Meredith’s room point overwhelmingly to three attackers. They prove the use of two knives from opposite sides. It was Sollecito’s knife that was used for the fatal blow; that remains unshaken - actually, more confirmed by the Carabinieri.

See Ergon on the implacable knife evidence. Sollecito was the knife fetishist, and the one who was already into the cocaine or crystal meth that Knox was probably on judging by her telling smell the next day, her bizarre behaviors through the week following, and her odd money trail.

See the implacable evidence against him on the bathmat by SomeAlibi and Yummi.  That footprint had to have been imprinted within a few minutes of the end of the attack on Meredith.

After the hijacked Hellmann appeal in 2011 Sollecito was deeply craven to Knox and her family and entourage on the US west coast. Craven to the extent that his own family (which despises the Knox-Mellases and blames Knox for his predicament and their lost name and enormous expenses) once hurriedly hopped on an aircraft to Seattle to enforce their separation.

Sollecito’s hapless book-agent Sharlene Martin and shadow-writer Andrew Gumbel both live on the West Coast and Knox’s radioactive FOA obviously provided most of the malicious fantasy that constitutes his defamatory book.

Playing chicken with the Italian justice system is notoriously suicidal. The crazy aggression of the Prestons, Fischers and Moores did not help Sollecito at all at the Nencini appeal (though it helped Knox even less - she got handed the longer sentence.)

The gods-in-their-own-minds in the FOA got Sollecito no US job and no US viza. The email to Judge Nencini and the appeal to ECHR and the promised fight against extradition for Knox are to him merely insults, and attempts to separate Knox off.

So, back in Italy, he is confused, let-down, disgruntled, and loaded for bear. Knox was the loose canon in 2007, Sollecito is the loose canon now.

Here is a key exchange between our main posters SeekingUnderstanding and Hopeful from previous threads.

4. Take On RS Now By SeekingUnderstanding

[t does seem so very sad and frustrating that Raphaele did not open the window of opportunity, as Judge Nencini tried to nudge him to do, just before Christmas.

He is less easy to read than Ms. Knox , for a number of reasons - more introverted, less articulate (certainly in English; but he also doesn’t seem expressive in his own language), and because of the psychology itself.

You may remember I suggested AK finds it unbearable to acknowledge her darker side, to own her projections; unbearable to be thought of as ‘a monster’, to be unlovable, or indeed hated by people. This may be a strong component in her lying.

I believe Raphaele also finds things unbearable, but whereas Amanda appears to turn this unbearable feeling into lashing out to others, - I think in Raphaele, he finds himself and ‘what has happened to him’ (passive aggression) unbearable. His judgement has not only been poor, but catastrophically poor, - and he must know this. One wonders why the self-destruct.

He knows his life is ruined, and he knows his appalling judgement was instrumental. He truly doesn’t have confidence in himself, but bluffs anyway. His ‘ex’, by contrast,has too much. If only she could have self-doubt, and feel shame.

He is not unintelligent, by no means, yet his choices and decisions at times have seemed near idiotically stupid. So there must be something else going on, something deep in his psyche that causes such confusion in his mental and emotional universe.

He seems unable to organize his emotions. He appears to want or expect or need a woman to ‘sort them out’ (sort him out). His relationship with his mother would probably reveal the source of this. How did she manage her emotions? Or did they rule her? . These are the sort of questions I might be asking. He seems overwhelmed, swallowed up by the juggernaut that AK set in motion.

Was his mother easily overwhelmed by life’s problems? Something has gone wrong (drastically) with a healthy model for his ‘anima’.

Where Amanda is the arch manipulator, he is highly manipulable. He seems to copy. Like her, his self-identity is weak, but for different reasons. Drug use, I would suggest, has been both crucial and disastrous for his mind. From this point of view, prison will be a constructive environment for him, (as AK too). Perhaps without the distorting and illusory aspects of drugs he might begin, over many years, to experience true spiritual (and therefore moral) issues.

I always think drugs give a delusion of spiritual experience (‘the highs’),  - wanting them can be (for an introvert) indicative of longing for something more spiritual, but using them will actually prevent such an experience, emphatically.

So then there is bitterness and emptiness, as well as despair and, still, confusion. Thus the addiction which starts as a cycle in the mind.

I knew a psychologist who worked with highly motivated and successful people in the Arts - people who would have burn out, creativity, and performance issues. He was extremely clever. But he was adamant that there had to be a hierarchy for dealing with problems.

That is to say, if someone was using drugs and/or alcohol to the point of misuse (extremely common in the performing arts), - this problem had to be mastered and dealt with FIRST, before anything else could even be addressed. This may seem irrelevant (as Sollecito hasn’t shown he is creative), - but I would
say the signs are that his past (and current?) drug use needs to be sorted before anything else can possibly be.

Such a destructive shame that this has all dragged on for 7years.

I don’t think he has any idea as to how to give a ‘press conference’ - even supposing , by a miracle, he was going to tell the unadulterated truth. He is way out of his depth. I doubt he has sufficient communication skills in his own language, let alone In English for the American media.


5. And The Take Of Hopeful On RS Now

As he is back in the spotlight for the July 1 press conference, your observations about him are timely. He does seem more introverted than Knox, and less articulate. Correct me if I misinterpret what you said about him, that rather than lash out at others aggressively like Knox does to disperse and blame others for her awful feelings about her dark side, Sollecito does the opposite and feels the weight of shame but turns the unbearable feelings inward. He is poster child for passive-aggressive.

I also believe he does have a sense of deep loyalty and faithfulness to his family, since his father has never abandoned him nor did his mother. He has misplaced loyalties at times, and combines a stubborn streak with false sense of need to persevere after he has made wrong steps.

This comment is mainly a review of what you conclude about Raf, but bears repeating. He is ashamed of his “catastrophically bad judgment.” I agree, his pride is wounded, his vanity more than his love for Knox.

I believe Raffaele sincerely regrets what he realizes he has done to his own family, but still can’t quite confess it. Maybe part of him is sorry but part of him is secretly glad he is controlling his father’s destiny, in punitive action for divorcing his mother. He also sent his sister’s career down the cliff. His sister is really to blame for that so with true passive-aggressive deceptiveness he can hide his responsibility for it while causing it.

His wanky emotions have made a trainwreck of his intelligence and caused him to do “idiotically stupid” things and self-destruct.

His drug use to relieve inner confusion caused by lack of self-identity is a coping method that does more harm than good. His patience is more of a drug stupor that makes him slow to act, than real gritted teeth patience, which may be why we’ve waited this long (6 years) for him to reveal the truth about Knox.

He stayed in a cloud of marijuana until she came along. She liked the drugs, too. He allowed her to set the course of his life because he needed or wanted a woman to sort out his emotions. Maybe he was competing with dad with a new hot blondie, too. He didn’t fathom that Knox would become so extreme and so terrifying.

He underestimated Knox, and she saw she could manipulate and destroy him with one hand tied behind her back. She reveled in the besotted weakling, and she felt superiority over Guede too, and soon despised them both. She wouldn’t fall into some darkened room or quiet void of depression like Raffaele’s mom had done giving up on life. The insulated quiet Italian boy raised scrupulously did not see that with Knox he would be “swallowed up in the juggernaut AK set in motion”. He wanted her power and excited vision, but he couldn’t understand her mental illness that went with it. Love is blind.

As long as he could blame her and not himself maybe he was OK with it, especially with drugs to dull the pain, until he felt the full impact of her punishment and years later her treachery. Finally he grew a brain and saw it was Knox who betrayed him, not vice versa. Maybe the press conference is to set that straight.

His drug use got him through much of his first year of prison when he lost all sense of time and space. He was a basketcase. He probably used meds his last 3 years behind bars as well. Perhaps Dr. Sollecito saw that his son got legal prescriptions for him, maybe even purchasing prison favors that way, who knows?

Maybe Knox scoffed at Raf’s crutch, and she continued to compete with him behind bars. She scoffed at her mom for taking antidepressants. Knox had no room to talk as she herself was reportedly a massive drug user at UW and in Italy found a job where liquor flowed.

Has Raf continued the drug use? Does Greta his new girlfriend use drugs? Or has he sworn them off motivated by anger and determination to clear his head for his legal fight?

The concept of “anima” is unknown to me, although the term is familiar. I will research it online, thank you. Your insights are always valuable, thank you for sharing them. Thanks for educating us in the short comment format which can’t do justice to your full knowledge of the subject, but does shed a lot of light and points the way.


Raffaele’s mother and her sad demise seem to be at the root of her son’s depression. Raf has lack of confidence and the need to bluff where he feels no real power. He and Knox are still learning tricks from each other.

I think Knox may have been a father-figure to him in a twisted way, because Amanda is energetic and adventurous and for a short while in Perugia seemed to have it all together and be a hard worker like his dad. Raf met Knox at the peak of her exhileration with her new life in Italy. Like a drug high, it might not have lasted. He was completely deceived.

He may have felt he could never compete with his older sister who might have seemed to him like Amanda and his dad: energetic, capable, feet on ground. This is probably what Raf needs in his life.

Raf commented on Knox living life as if in a dream, there was no reality in her mind, she lived only for pleasure. Maybe he did not like this side of her. This was his wakeup call and he spoke about it openly because it was something he didn’t like, having thought at first glance she was a strong American. He didn’t know whether to attribute her odd mental impracticality to her nationality, her genetics, her femaleness, or her unknown religious upbringing. He had no clue, and maybe it even made him feel stronger and more grounded by comparison since he had formerly thought of himself as a tetherless dreamer but he didn’t want another spaced out confused dreamer like himself for a partner and was having second thoughts. He preferred her rough kick-butt side. She was the brother he never had, a wild West type, a cowboy to climb trees with and roam the range, the key to a new country after his launch to Munich didn’t work out.

In early childhood Raf maybe got labeled or saw himself as “slow” or “dumb” and began to live a self-fulfilling prophecy. He might have felt misunderstood knowing that he did have a lot of intelligence, but that he did not have the same personality as his dad or sis, and not wanting to be equated with his pushed aside mom. He must have felt very alone.

He also may be carrying a lot of shame about his MPD Psycho habit and his secret fantasy life of violence.

Raffaele may have been turned off yet partly tantalized by his father’s profession. A doctor sees a lot of blood and gruesome things with the body.

Raffaele may hero worship a father who can face such grotesque things without wincing, and a sister who had power with the police and saw crime victims.

You mention the Arts and a psychologist who treated performers with burnout and creative types who needed help or a life coach. Maybe Raffaele does see himself as more that artsy type of person, someone wanting to create computer games, sci-fi fantasy, or be an “Experience Teller”. He did write a book, so maybe he does fall into the category of artistic temperament, which often needs a guide or an infusion of stiffened backbone to face the realities of life in a business sense.

Knox seems to be struggling with math, yet her mom is a math teacher and her dad an accountant.


Thursday, June 12, 2014

Fifty Of The Most Common Myths Still Promoted Without Restraint By The Knox PR Campaign

Posted by The Machine



Fooled ya! Knox’s parents have the mythmaking machine’s pedal to the floor, and arent slowing it

Introduction

I’ve listed the 50 most common myths circulating in the media with regard to the Amanda Knox/Meredith Kercher case and refuted them using as far as possible the official court documents and court testimony.

Click here for more


Sunday, May 11, 2014

The Knox Interrogation Hoax #1: Overview Of The Series - Multiple Knox Versions v One Stark Truth

Posted by The TJMK Main Posters



[Amanda Knox at trial on 28 February, the day Inspector Rita Ficarra testified]

1. Court-Accepted Events Of 5-6 November 2007

This is an overview of Knox’s so-called “interrogation” at Perugia’s central police station, the subject of the first ten posts.

It led to her arrest and three years served. To make this picture really firm we will quote a lot of the testimony at trial. The Case Wiki carries all of these transcripts, many in English translation, and more. 

Senior Inspector Rita Ficarra testified that she arrived back at the police station late on 5 November, and finds her way blocked by a cartwheeling Knox.

She rebukes Knox, who testily responds that she is tired of the investigation. Rita Ficarra tells Knox to go home and get some sleep. Knox testily refuses, and remains there.

Shortly after, Ficarra suggests to Knox that if she really wants to help, she could add to the list of possible perps - men who Meredith knew and who might have visited the house.

As the defenses themselves acknowledge during their cross-examinations of key investigators present on the night, this was an informal recap/summary session, a simple checking of facts with someone who might or might not be of help.

This could have been done on a street corner or in a house by a single officer. It was not a witness or suspect interrogation.

Knox eagerly agrees. So they begin on the list.

This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total only Knox and four others (three of them women) are present.

Knox builds a list of seven people and adds maps and phone numbers (placed in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.

At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused.

Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito in a separate wing. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks and declares that Knox went out alone, and made him lie.

Knox is gently informed of this, and nobody reports any immediate reaction. Knox defense lawyers in cross examination do not go there at all.

Suddenly, to the considerable surprise of all present, Knox has a yelling, head-clutching conniption (the first of several that night) when they observe a text she had denied sending, saying she would see that person later.

Knox explains that it was Patrick, who they had never heard of, along with a torrent of yelled accusations. As described at trial, various efforts are made to try to help Knox to calm down.

Despite warnings she should not do so without a lawyer, Knox insists on a recorded statement which says she headed out to meet Patrick that night after he texted her. She accuses Patrick of killing Meredith. 

Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.

A second session ending at 5:45 is intended as merely a formal reading of Knox’s legal status and her right to a lawyer, with Dr Mignini presiding.

Having again been strongly warned that she should not do so without a lawyer present and no questions can be asked, Knox nevertheless insists on a spontaneous statement culminating in a second recorded statement.

This also says she went out to meet Patrick that night, also accuses Patrick of killing Meredith, and now also hints Sollecito may have been there. 

Just before noon, now under arrest and about to be taken to Capanne Prison, Knox insists on writing out at length a third statement this time in English.

She gleefully hands it to Rita Ficcara who of course cannot read it as she as no English. In the statement, Knox included this damning remark without any mention of having been coerced: “The questions that need answering, at least for how I’m thinking are… 2. Why did I think of Patrik?”

Knox’s lawyers have never ever substantially challenge this version. At trial they accept that there was no interrogation, leave standing that Knox insisted on all three statements, and dont ever pursue Knox’s claims that she was coerced.

In July 2009 at trial Knox herself tried to challenge this scenario in face of days and days of prior testimony. Of course she was disbelieved. For the calunnia framing of Patrick Lumumba Judge Massei sentenced her to a year more than Sollecito, later amended by Judge Hellmann to three years served.

The Supreme Court overruled her appeal. For her false claims she is a felon for life with the possibility of more years inside.

2. The Knox-Promoted Alternative Version

This will be the subject of many later posts. Though her precise claims vary and often contradict one another, Knox herself has on and off since November 2007 tried to portray otherwise the cause of her conniption and her false accusation of Patrick for the death of Meredith.

For example read this post of 11 February 2009 which was about two weeks before the Knox “interrogators” were cross-examined at trial, and several months before Knox herself took the stand.

Her defense team furthered this version in the annulled appeal in 2011, and she did so in for example her April 2013 book, her December 2013 email to Judge Nencini, her appeal to EHCR Strasbourg, some TV and newspaper interviews, including one with the Italian weekly Oggi and now her further appeal to the Supreme Court. 

This version has been blown up by a number of others in internet posts, articles, TV interviews, and books. Among others propagating it have been Raffaele Sollecito (in his book), Doug Preston, Saul Kassin, John Douglas, Jim Clemente, Paul Ciolino, Michael Heavey, Greg Hampikian, Chris Halkidis, Mark Waterbury, Doug Bremner, Candace Dempsey, Nina Burleigh, Steve Moore, Bruce Fischer, and many posters on the Knox sites and on Ground Report.

  • Here is Steve Moore claiming that around a dozen cops in rotating tag teams of two assaulted a starving and sleepless Knox over 20/30/40 hours, threatened her, and refused her a lawyer throughout.

  • Here is Saul Kassin claiming that Knox was interrogated over the entire night of 5-6 November, until she was finally broken and a coerced “confession” emerged - even though the “false confession” actually framed Patrick and was in reality a false accusation. That Kassin ignores.

  • Here are several former profilers actually expanding upon the same claims in a book with (today) 60 five-star reviews.

And yet Knox’s own Italian lawyers specifically denied her accusations! No complaint against the police was ever lodged.

And of course Judge Massei, the discredited Judge Hellmann, and Cassation all disbelieved the claims and Knox served her three years.

But still the hoax keeps rolling on, on TV and books and websites.

3. The Intended Course Of Our Interrogation-Hoax Series

Hopefully we will get this done in 20 posts. Starting in the next post is trial testimony, the first from Inspector Ficarra, newly translated by the professional translator ZiaK.

Rita Ficarra presided over the first recap/summary with Knox (again, a recap/summary is not an interrogation) on 5-6 November and was later present when Knox was read her rights.

We’ll then post more newly-translated trial testimony of other police present at the central police station on the night, and what the magistrates in 2008 and 2008 and trial and appeal judges from 2009 to 2014 made of this.

Then we enter the alternative universe of the numerous conspiracy claims, extending to Sollecito’s 2012 book and Knox’s 2013 book, her lengthy email to Judge Nencini in 2014, and so to her appeal to Cassation, pending as of this date.

4 A Guide To Posts In The Series

This list of posts is updated each time a new post in the series is added.

Click here: The Knox Interrogation Hoax #1: Overview Of The Series - The Two Version of the 5-6 Nov 2007 Events

Click here: The Knox Interrogation Hoax #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov

Click here: The Knox Interrogation Hoax #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness

Click here: The Knox Interrogation Hoax #4: More Hard Realities Fron Rita Ficcara, More Nervousness From Defense

Click here: The Knox Interrogation Hoax #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov

Click here: The Knox Interrogation Hoax #6: Sollecito Transcript & Actions Further Damage Knox Version

Click here: The Knox Interrogation Hoax #7: Testimony Of Witness Lorena Zugarini On The Knox Conniption 5-6 Nov

Click here: The Knox Interrogation Hoax #8: Testimony Of Interpreter Anna Donnino On Events Night Of 5 November

Click here: The Knox Interrogation Hoax #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov

Click here: The Knox Interrogation Hoax #10: Challenge To Readers: Spot The Two Landmines For Lawyers & Knox

Click here: The Knox Interrogation Hoax #11: Why Prosecution And Defenses Never Believed Knox’s Version

Click here: The Knox Interrogation Hoax #12: Proof Released That In 5-6 Nov Session Knox Worked On Names List

Click here: The Knox Interrogation Hoax #13: The First Two Pre-Trial Opportunities Which Knox Flunked

Click here: The Knox Interrogation Hoax #14: The Third Pre-Trial Opportunitty Which Knox Flunked

Click here: The Knox Interrogation Hoax #15: Dr Mignini’s Knowledge Of Knox “Interrogation” Explained To Media

Click here: The Knox Interrogation Hoax #16: The Fourth Pre-Trial Opportunity Which Knox Flunked

Click here: The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholders Knox

Click here:The Knox Interrogation Hoax #18: The Final Pre-Trial Opportunities Which Knox Flunked


Wednesday, April 23, 2014

How Saul Kassin Framed Many Fine Italian Justice Officials - And Then Played Victim When Corrected

Posted by Cardiol MD



Do Williams College President Dr Falk and head of psychology Dr Fein know that Kassin is a hot potato?

A Common Phenomenon

We take note of a common “they can’t take what they dish out” phenomenon among the Sollecito & Knox supporters.

If you show unequivocally that their FACTS are wrong and that they have illegally framed (in English) good Italian officials, they melt down with numerous shrill claims that the meanies ridiculed them - because their mission and the two perps they champion are so moral and so divine.

Doug Preston, Nina Burleigh, Greg Hampikian, Steve Moore, Doug Bremner and others have all exhibited this victimhood phenomenon. Doug Preston even wrote an entire book-long wail about his victimhood.

Foolishly perverse behavior. No police or prosecutors anywhere ever appreciate being framed. In the US it is rare indeed. In Italy a single official complaint can spark a prosecutor’s investigation, and probable felony charges against any or all of them for obstruction of justice. 

The Saul Kassin case surely has to be the worst of all cases, because his huge slam at Italy, with dozens of wrong facts and false accusations, was delivered as a keynote address at a John Jay College of Justice conference, to dozens of top justice officials from around the world - and to this day he perpetuates this massive academic fraud.

Presumably roughly 100% of that global audience, ignorant of the real story (a probable serious new felony by Knox), believe Knox was tortured by Italians into some kind of forced confession. 

A Historical Synopsis Of Kassin’s Role

Saul Kassin, an academic psychologist, established himself as an acknowledged authority-figure on the subject of prosecutor-induced false confession, describing a profile of such confessors.

Prosecutor-induced false confession is, of course, a real phenomenon, which has existed throughout recorded history, notoriously exemplified in modern history at the Moscow Show-Trials of the 1930’s.

Years ago supporters of Amanda Knox and Raffaele Sollecito (FOA), claiming that the pair were wrongly convicted of murdering Meredith Kercher, alleged that their “wrongful” conviction was based on a prosecutor-induced false confession, among some other things.

FOA concocted a false description of the events surrounding the interrogation, using as many as 50 barefaced falsehoods to create a match to the characteristics of false-confessors described by Kassin.

This creation in turn resulted in the exposure of the numerous falsehoods and deceptions, in the course of which Kassin’s work was also criticised. Offended by such criticism, Kassin wrote a paper defending his work, but sustaining the multiple falsehoods and deceptions created by the FOA.

On April 30th 2012 The American Psychologist [AP] published an Advanced Online Paper titled “Why Confessions Trump Innocence” authored by Saul Kassin (final version here) see in which he “described” the case of Amanda Knox, an American college student who had been convicted of murder in Italy, arguing that Knox was not guilty, and had been induced by prosecutorial-oppression into making a False-Confession.

In June 2012 Kassin presented his misleading keynote address to the John Jay College global conference (see page 31 of the program). Soon after he made TV and radio appearances.

In September 2012 the American Psychologist journal published Kassin’s paper in print-form (AP Vol.67 (6) Sept. 2012, 431-445). When it did so, the paper was newly accompanied by Corrections and Updates, in which Kassin states that minor (sic) corrections “should be made in the description of the Amanda Knox case.” They are not minor in their effect on the meaning of his text.

The first change substitutes for one misleading false statement, a more clearly worded false statement; changes 4. and 5. modify the allegation that Guede had raped Meredith, and that Guede’s DNA had been found in sperm at the crime scene.  Not only are Kassin’s changes by no means “minor”, they are only a few of the many changes needed to acknowledge the true facts. They amply confirm the depth of Kassin’s fall into self-deception.

And in a ludicrously surreal development, Amanda Knox’s 2013 book Waiting to be Heard at great length parotted Kassin’s wrong claims about her wrong claims, the same ones for which she may face new charges.

The Pro-justice Community Takes Exception

TJMK and the two PMF forums and other pro-justice, pro-victim and pro-Italy websites have long explained in Posts and Comments that the Kassin paper containing the 50 or more false or deceptive statements is so contrary to the actual facts as to be sheer obfuscation.

The first TJMK reference to False Confession was a comment by Faustus on Jan. 13th 2009. The first TJMK post questioning Saul Kassin was written by the Machine and published on 10 July 2012.

Since then TJMK has published more than a dozen articles focusing on the false facts and false accusations in Kassin’s presentations, with scores of comments expanding the corrections further. This rebuttal and this one were particularly key.

Aspects of Saul Kassin’s Background

Saul Kassin is a Distinguished Professor of Psychology at John Jay College of Criminal Justice in New York. Recently, he was listed as in a “phased retirement” as Massachusetts Professor of Psychology from Williams College, in Williamstown, Massachusetts. He received his Ph.D. at the University of Connecticut.

Kassin’s Resume’ also reveals that he was once very aware of the phenomenon of self-fulfilling prophecy, and very scornful of people to whom he attributed-it.

In 2004, C.U.P. published a book entitled “The Detection of Deception in Forensic Contexts”, defining ‘forensic context’ as any context in which legal questions are raised. Kassin was the author of chapter 8, entitled “True or False: ‘I’d know a false confession if I saw one’.”, in which Kassin repeats the well-known fact that Oppression-Induced False Confession is a real phenomenon, ridiculing other professionals with the quote ’ I’d know a false confession if I saw one’.

Then he describes his own recipe for ‘knowing one’, providing a profile ideal for use by Knox, and FOA, after Meredith’s murder in 2007.

Kassin’s ridicule relies upon what he, himself, describes variously as ‘self-fulfilling prophecy, interpersonal expectancy effect, and behavioral confirmation’. He provides the reader with 6 references to the phenomenon, the first 2 focusing on Pygmalion, as the classic exemplar of seeing what you want to see.

[Pygmalion was a Cypriot sculptor who carved a woman out of ivory. His statue was so realistic that he fell in love with it. Making offerings at the altar of Aphrodite, he quietly wished for a bride who would be “the living likeness of my ivory girl”. When he returned home, he kissed his ivory statue and found that its lips felt warm. He kissed it again, touched its breasts with his hand and found that the ivory had lost its hardness. Aphrodite had granted Pygmalion’s wish.  Shaw used this story as the subtext for his play ‘Pygmalion’, the musical version of which is ‘My Fair Lady’.]

Kassin’ s Resume’ also records that he served as a U.S. Supreme Court Judicial Fellow, working at the Federal Judicial Center .... Dr. Kassin is past president of Division 41 of APA (aka the American Psychology-Law Society).
.
Given these items from Dr.Kassin’s impressive resume’ a reader would expect Dr. Kassin to be professionally knowledgeable in the law relevant to his specialty; Kassin definitely OUGHT to be that knowledgeable.

In “Why Confessions Trump Innocence” readers are directed by Kassin to Dempsey, 2010, and Burleigh, 2011, noting “personal communications with Amanda Knox, Madison Paxton, and Nina Burleigh”. Consistent with Kassin seeing what he wants to see, his paper contains phrases such as “the case of Amanda Knox and others who are wrongfully convicted”. Kassin’s own self-deception seemingly promotes receptivity to deception by others.
 
In January the Nencini Appeal Court in Florence declared Knox and Sollecito to be Guilty-Beyond-Reasonable-Doubt. All that remains is the Supreme Court’s expected firm endorsement.

As we await the Nencini Motivazione report, the senior Florence prosecutor Dr Giuliano Giambartolomei has recently announced his findings that many claims in Sollecito’s “Honor Bound”are spurious and justify new charges being brought against Sollecito.

Shadow-writer Andrew Gumbel, who recently published a self-incriminatory rant in The Guardian, has also been named, so now seems a great time to refresh TJMK’s reader’s awareness of Kassin’s arguments. Kassin’s arguments were apparently communicated to Hellmann/Zanetti by Knox’s lawyers, and Kassin himself may be liable under Italian Law.

How Saul Kassin Now Plays The Victim

Here are some quotes from an article by the duped Scott Sleek excusing Kassin’s serial framings and obfuscations in “Why Confessions Trump Innocence”:

“…He noted [now begin Kassin’s obfuscations:] that Knox had been immediately identified as a suspect and presumed guilty, confessed after three days of denials and interrogations, and did not have any attorney present when undergoing questioning.”

TJMK readers know very well that the above précis is an outright falsehood. That is not what took place.

In his defence Kassin also claimed: “I used it as an example, not realizing the depth of a couple of Amanda Knox hate groups that track professionals who support Amanda Knox.”

WHAT mere example? Actually Kassin placed his framing and wrong facts front and center, again and again and again. WHAT professionals support Knox? And the real professionals posting and reading here handily exceed Kassin’s pay-grade.

Kassin also claimed that the hate emails he received, and the blog posts criticizing him, didn’t focus on the science itself, but on his motives for analyzing Knox’s case. In essence, the attacks were personal, he stated.

Kassin also claimed that some of the messages he received felt threatening, and included statements such as: “We know where you work” and that a few bloggers wrote posts lambasting Kassin’s integrity, in one case even calling him a “shill”.

Really? TJMK is as opposed as Kassin to hate-mail. We can correct wrong facts and serial defaming right here. But we also believe that Kassin’s adoption of Knox’s, Sollecito’s, Paxton’s, Dempsey’s, Burleigh’s, and other FOA&S’s falsehoods, deceptions, and serial framings of Italian officials was far more improper, biased, and compromising of his own integrity.

The attempt to do real damage begins and ends with Kassin.  And far from not focusing on Kassin’s “science” his TJMK critics have focused sharply on the falsehoods Kassin has used to support his self-fulfilling prophecies. Click on links to past posts above.

The historical trap Kassin has fallen into is that of “Experimenter Expectancy”, or seeing what you want to see [c.f. Chapter 6, pp107-108 Betrayers Of The Truth, OUP, 1982, By Broad & Wade]:

“Expectancy leads to self-deception, and self-deception leads to the propensity to be deceived by others.”

Having fallen into the very trap Kassin himself had described in great detail in 2004, and recited in his Resume’, a legal background that ought to inform him that he was entering a potential legal minefield, Kassin proceeded, in writing, to satisfy the common-law definition of Defamation-Malice [making false statements, knowing them to be false, or made so recklessly as to amount to willful disregard for the truth].

Under Italian law, if any of those he framed complains, Kassin may be chargeable with a felony.  Kassin’s MO does entail defaming the conduct of Italian Police, and Prosecutors. He has adopted many falsehoods. There is good reason to bring his integrity into question.

His best course now would be to publicly withdraw all the many versions of his false claims. And, finally, apologize to all those he framed and the real victim’s circle,

[Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]


Friday, March 14, 2014

On Saul Kassin: Our Letter To Dr Douglas Starr Who Wrote An Effusive Profile In The “New Yorker”

Posted by Peter Quennell





Dr Douglas Starr
Co-director of Science Journalism Program
Co-director, Center for Science & Medical Journalism
Professor of Journalism
College of Communication
Boston University


Dear Dr Starr

We would like to take issue with your article “The Interview: Do police interrogation techniques produce false confessions?” in the Dec 2013 New Yorker.

Specifically the effusive passages on the New York psychologist Saul Kassin. Dr Kassin was a hired gun in the annulled 2011 appeal of the Amanda Knox case in Italy. In our assessment he has widely conflated the defense’s (spurious) position he was paid for with an objective academic analysis.

Our posting community consists of professionals in legal and criminal-science fields, and we have quite detachedly uncovered over 50 false claims in Kassin’s widely-promoted papers and TV and conference appearances.  The presumed intent of those was to spark more paid court business and more academic advancement.

Amanda Knox was confirmed guilty for lying about her so-called confession a year ago by the Italian Supreme Court, and her sentence of three years was confirmed. This is the same “confession” Kassin builds huge castles upon, the false accusation which had placed an innocent man in jail for three weeks, during which time Knox never recanted.

So exactly what is left standing of Kassin’s position today is hard to discern. However, instead of exposing him and chastizing him, your New Yorker piece seems to have set out without due caution - no buyer-beware - to make your readers respect and associate with him.

This matter isnt over in Italy, because those many framed by Kassin are unhappy about baseless claims of illegal acts presented at a global John Jay College conference and many other forums and tv shows. Any one of those who feel impugned can trigger a felony investigation for poisoning American opinion in an attempted obstruction of Italian justice. Out of which, Kassin might find himself fighting charges incurring possible prison time.

If credible crime experts here in the United States such as yourself now come down in support of those falsely impugned in Italy, and in rejection of Kassin’s categoric false claims, it might assist to defuse a tense and ugly situation, and might keep Kassin’s legal troubles to a minimum. We dont speak on behalf of the officers framed in Italy but we might have some sway as we accept no payment from anyone and are widely trusted there. 

We would like to ask you to read these various posts explaining where Kassin went wrong, particularly the fourth one, and then decide what you might like to do. It would be good if this could include inserting an addendum into the New Yorker explaining that due caution should be observed toward Kassin’s claims.

If it would help I will need to be soon in Boston and could sit with you. I can also suggest several experts that you might like to consult with.

Kind regards

Peter Quennell
Editor True Justice
Biography

[Everything in this letter applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]


Wednesday, February 26, 2014

How Claims By Perpetrators & Their PR That THEY Are Victims Get Equal Pushback

Posted by Peter Quennell



[Florence prosecutor Giambartolomei will soon confront many false claims ]


To the considerable pain of victims and their loved ones, Italy’s has become one of the most pro-defendant justice and penal systems in the world.

That doesn’t mean that it has become a complete pussycat. Push it, and it usually pushes back harder in its search for the truth. And the quality Italian media goes along. 

Time and again the ill-conceived short-term PR and legal tactics for Knox and Sollecito based on a hurricane of lies have left them in terms of the ultimate end-game worse off than they were before.

Judge Matteini and Judge Micheli (the judges in 2008) both took firm lines with the copious evidence and the psychological tests of AK and RS in front of them.

Both judges took a line as firm as the prosecution (as firm as the “evil Mignini”) in concluding that there was a drug-fueled hazing escalating to murder with sexual aspects (however short the timescale of the intent).

[Ed note: See comment by Yummi below which explains the above a little differently. PQ.]

Though his panel of judges voted unanimously for guilt, Judge Massei in 2009 did take a somewhat less firm line in the sentences, after observing one daffy defendant and one very nervous defendant sitting in front of him for nearly a year. Judge Massei for no especially convincing reason

(1) pinned the initiating of the attack on Rudy Guede (really?!) and

(2) handed Knox and Sollecito (and thus Guede) quite a break with his supposed “mitigating circumstances” (the duvet over Meredith’s body) resulting in 20 years lopped off their combined sentences.

Both the defenses and the PR were weak and largely futile in that year. But come 2010 the dirty tricks moved into overdrive.

Cassation reverted to the firmer line in January 2011 when it ruled on Guede’s final appeal: Guede was a party to the murder, but copious evidence proved he did not act alone. 

The Hellmann appeal court and DNA consultancy and verdict of 2011 were corrupted (counter-measures are still quietly playing out) which fully explains its startling soft line.

Thereafter the Italian courts observed the illegal blood-money binge with the essentially fictional books of Sollecito and Knox, and two years of them each claiming to ill-prepared interviewers “we’re the real victims” on TV.

Cassation observed all of this, annulled the corrupted Hellmann court verdict, and issued instructions in June 2013 to the Florence appeal court to ensure that the firm line should be maintained. Unsurprisingly, we have seen a firm line from the chief prosecutor (Crini) and a seeming firm line from the lead judge (Nencini) in recent weeks.

In the rest of this year Italy will see at minimum these events where the court’s firm line will go on and the babbling and unhelpful legal and PR tactics may finally dry up.

    1) RS and AK continuing to babble for a while on TV as they each dig the other one deeper. Sollecito has just said that his saliva or sneezing may explain why his DNA was on the clasp of the bra.

    2) The sentencing report of Judge Nencini is due at the latest on 30 April and he seems likely to give space to rebuttals of any bizarre new claims made by Knox and Sollecito before 30 April like the one just above. 

    3)  The obstruction of justice trials of witness Luciano Aviello and incessant meddlers Mario Spezi and Frank Sforza will continue, probably though into 2015. Each of those trials could result in others (like Spezi ally Doug Preston and Sforza allies Bruce Fischer and Steve Moore) being declared at minimum persons of interest if not actually charged.

    4) Florence prosecutor Giambartolomei Firenze (image above) may soon be announcing which passages in Sollecito’s book Honor Bound criminally defame Italian officials or deliberately miscontrue hard facts in evidence in an illegal attempt to to poison public opinion against the court.

    5) Similarly soon after on Amanda Knox’s book with the surreal title Waiting To Be Heard (and on Knox articles and interviews in Oggi) by the chief prosecutor in Bergamo. 

    6) Cassation’s First Chambers should be the one to handle Knox’s and Sollecito’s final appeal. They handle murder cases and they issued the guidance to Florence in 2010.

    7) If so, they should take note of such revelations by way of Judge Nencini’s and Prosecutor Crini’s reports; and this next autumn or winter may finally declare a firm “confirmed guilty” final-appeal outcome and invite Knox to come back.

And when prosecutor Giambartolomei Firenze announces which claims are radiocative, hopefully a major hush will come over Heavey, Fischer, Bremner and Moore. 


Thursday, February 13, 2014

Hard Questions By Italian Journalist Giuseppe Castellini For Sollecito

Posted by Peter Quennell


[Above: Giuseppe Castellini of Giornale dell Umbria has long exposed the Knox/Sollecito lies]

1. Overview Of Italian Media Takes

The fast-growing satires of Knox and Sollecito in Italy described in our previous post are not just emerging in a vacuum. 

The many tough crime-show comperes and crime reporters in Italy have rarely let Knox or Sollecito get away with any of their lies. One example was when Bruno Vespa, the host of Porta a Porta, Italy’s most popular crime show, forced Francesco Sollecito to admit to Italy that his son lied extensively in Honor Bound. Another example is when Oggi published some of Knox’s lies and they were rapidly exposed. For seemingly endorsing Knox’s lies Oggi will face trial for obstruction of justice. 

There are countless other examples where Sollecito and Knox have been exposed as liars. The super-sharp editor of the Giornale dell Umbria, Giuseppe Castellini, has just published this challenge to Sollecito who had absurdly had claimed that nobody ever wanted to ask him any questions in court.

2. Giuseppe Castellini Questions RS

The translation is by Miriam. 

Murder of Meredith:  a few questions for Raffaele Sollecito

Raffaele Sollecito, found guilty and condemned to 25 years by the Appeals Court of Florence, for the murder of the English student Meredith Kercher (for the same crime Amanda Knox was also found guilty and Rudy Guede is already serving a definite sentence of 16 years) has stated that he was never questioned in court, because no one ever asked him.

For the record and in order to have a complete picture at, it should be remembered that during the investigation, Sollecito twice took advantage of his right to not respond to the questions of the PM Mignini.

So if it’s true that the prosecutors, in all the trials never asked to question him in court, neither did he ask to be, limiting himself to giving several times making spontaneous statements, without being cross examined.

However, this is not the real point. The fact is that Raffaele could not or did not want to respond to the questions of the investigators.

His version was always brought forth in detail by his lawyers, obviously, but that is not the same thing.

Important questions remain to which Raffaele did not answer directly during cross examination by the Prosecutors.  Let’s try to summarize some crucial unanswered ones. Who knows if Raffaele will ever decide to respond in detail right here on these pages even though – at the moment – it seems improbable. We address him directly, sure that he reads these pages.

1. The first time that you were questioned in Questura you said that the first of November 2007 (Meredith was murdered the night between the first and the second of November) after a walk through downtown Perugia (before that you and Amanda have been in the house in via della Pergola). You came home around 08.00pm while Amanda come back much later around 01.00am, you then changed your version saying that you had always been together.  Your first statement seem like a distancing from Amanda, in those hours nobody knows what she did, while the second one has a complete different flavor.  Why did you radically changed your version?

2. It’s proved by the findings (even if your lawyers contested it) that the computer in your house was activated for about half an hour from 05.32am till little after 06.00am of the second of November.  For the experts of the Police it was certainly a human interaction.  You, instead declare that you and Amanda were sleeping.  So who was it then that was using your PC at that hour? 

3. Your and Amanda’s cell phones were turned off at the same time around 08.40pm of the first of November and they were turned on, practically at the same time, a little after 06.00am of the second of November (at that time you received the “good night” sms sent from your father the night before).  How do you explain all this? 

4. You stated that you were not in the house in via della Pergola.  How it is possible that your DNA is on the bra clasp (17 loci that shows your genetic profile, and for the father of Italian genetics, Prof. Vescovi, that with the current processes are not only enough, but more than enough to match your DNA).  And why did luminol revealed a bare right foot print compatible with yours, in addition to the one on the bathmat in the small bathroom? (the size of the big toe, just to point out one thing, is just like yours, while Rudy’s is a lot smaller).

5. Why, if Rudy was the only assassin, in the corridor would he cancel only the bare foot prints, leaving in plain sight always his, but left with the shoe print of his left foot?  Doesn’t it come to mind that whoever cleaned up the prints thought to cancel theirs (specifically the ones ascribed to you and Amanda) leaving behind those recognizable as Rudy’s?

6. You and Amanda were seen by the homeless Antonio Curatolo late the night of the murder and Amanda was seen by the shopkeeper – that knew you well and already saw you with Amanda – enter in the shop at about 07.45am to buy something and go back toward piazza Grimana.  You and Amanda say that at that hour you were sleeping in your house. Is there something that can demonstrate this, that up to now has slipped away and that would give you the missing alibi?


3. Questions For RS Of Our Own

We have advanced plenty of questions for the evasive Sollecito of our own. Here are seven examples.


Wednesday, February 05, 2014

Italy’s Unpopular Politicians And Mafia Fellow Travelers Against Italy’s Popular Justice System

Posted by Peter Quennell



[Above and below: several of over 100 car bombings Italian police and prosecutors were killed in]

1. On The Pro-Justice Side…

This puts the faux Nencini “end-of-civilization-as-we-know” crisis into some sensible context.

The Italian system doesn’t exactly come out badly compared to say that of the US. Surprise, surprise: See here who agrees.

Comparatively speaking, Italy has a much lower crime rate than the US, a much lower murder rate, a highly professional un-elected police hierarchy, a much smaller court system, and a miniscule number of prison cells.

The mafias are now mostly backed into small pockets..

For reasons to do with Italian history pre-WW II the system keeps politicians very much at arms length.

Almost every other justice system in the world comes under the Prime Minister’s or equivalent’s control, and it his or her party that appoints the judges. The Italian system comes under the separately-elected and non-partisan President of the Republic.

All judges and all prosecutors follow a career path laden with checks and balances, learning exercises and tests. (At this the highly-competent and impartial Dr Mignini excels and he will soon be the attorney-general of a region.)

The system is extremely pro-defendant - probably the most pro-defendant in the whole world. See this article and this article for proof.

The number of Italians who are in prison at any one time is proportionally only about 1/5 that of the United States. Take a look.

It is not like everyone in Italy is impatiently waiting for the fatuous posse of Preston, Heavey, Fischer & Moore to turn up and save them from themselves. There is no problem there.

Our Italian poster Machiavelli (Yummi) who reported for us on the Cassation and Nencini appeals has assembled these facts on what the Italian population actually thinks. 

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.

(My source is “Rapporto Italia 2012” by EURISPES). 

More evidence of this popularity.  And even more.

2. On the Anti-Justice Side

In the past decade both corrupt politicians and the mafias have been remorselessly rolled back.

The Perugia Prosecutor-General’s Office being close to Rome and notoriously hard to bend was given national jurisdiction over the corruption of the 2006 Winter Olympics and the 2010 rebuilding following a huge earthquake.

The Florence Prosecutor-General’s Office being close to Rome and notoriously hard to bend was given national jurisdiction over the corruption of the contracts for the high-speed rail links that pass through Florence and on.

But attempts of corrupt politicians and others to meddle in this case go on and on and on.

Knox and Sollecito may think it is for pure love of them. Think again. There are unsavory parties on the anti-justice bandwagon who if it suited them would disappear Knox and Sollecito in the blink of an eye.

Politics played a part in ex-MP Rocco Girlanda, a Berlusconi poodle, accessing Capanne Prison multiple times to slobber over Knox. As a member of the Justice Committee under former Berlusconi-party MP Giulia Borngiorno’s sway (hows THAT for a conflict of interest?) Girlanda (1) petitioned the President for Knox, (2) tried to cut the national police wiretap budget, (3) tried to get Perugia prosecutors investigated, (4) repeatedly appeared on TV and in other media to make false allegations, and (5) chaired several US/Italy “liberation” meetings.

Sollecito lawyer Giulia Bongiorno has been wearing her member-of-parliament hat to stir up the (essentially toothless) Ministry of Justice against Judge Nencini. And to try to get the Council of Magistrates to give her client a break (Good luck with that - they wont move.)

The mafia backseat drivers (known about in Italy but not reported in the US) are there in a minor but pervasive way. Their roles were summarised in several places including this post here.

It is odd, to say the least, to see such self promoting reformers of the Italian system as Preston, Heavey, Fischer and Moore happily carrying water for the mafias.

So What We May Expect

Judge Nencini is a seasoned mafia fighter, and he is also a seasoned fighter of politicians who are corrupt and try to bend the system their way. But his record is very clear. Attack him for murky end - and he does not exactly back down.

From the point of view of Sollecito’s prospects, this faux storm looks like another huge wrong move.


Monday, February 03, 2014

Guide For Smart Media: Note Extensive Hard Evidence In Exceptionally Fair, Careful Legal Process

Posted by Media Watcher



[Accurate Italian media recreation of attack based on masses of closed court evidence 2009]

Vital media history in 2009

In Italy and Europe generally the guilt of the two is almost universally perceived.

One reason is that although about 1/4 of the trial in 2009 was behind closed doors (quite the opposite of the “tabloid storm” and “show trial” Americans have been told about)  Italians in particular got to find out about the long (15 minutes), remorseless, highly sadistic attack on Meredith.

Click here for more


Saturday, February 01, 2014

Harvard Professor Alan Dershowitz And Philly Lawyer Ted Simon Both Claim The Devil’s In The Details

Posted by Peter Quennell



Alan Dershowitz sees plenty of evidence against Knox. He really has absorbed the key details, and in this case, the devil is in the details.

Alan Dershowitz has spoken out quite accurately a number of times on the case previously, and he shows great respect for the carefulness of the Italian system.

Philadelphia lawyer and Knox advisor Ted Simon also thinks there is a devil in the details. Or rather, he did back in 2008 (below) before he got on the Knox payroll and his foolish mantra became “There is no evidence”.

Wrong. There is stacks of evidence that Knox was in that room - and it wasnt even tested for DNA.

  • Why was her lamp in the room? Why cannot she explain that? Why are there zero fingerprints? Who wiped them? Who moved Meredith’s body? How did Knox’s and Meredith’s blood get co-mingled? In half a dozen different locations? Outside a locked bedroom door?

  • Why are there footprints in blood outside the locked bedroom door of both Knox and Sollecito? Why do Guede’s shoeprints head straight out the front door? And if Knox didnt start to rearrange the crime scene, who staged the break-in, and why?

  • And why do the various presentations in closed court in 2009 (all-day testimony by crime-scene and autopsy experts and a 15-minute video recreating the attack)  which proved THREE attackers still remain unchallenged?

Those pesky details…


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