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

Series Hoaxers: media groups

Thursday, September 22, 2016

Netflixhoax 5 Omitted - Blackhurst Now Nervous Of Legal Risks & Doing Mafias’ Dirty Work?

Posted by The TJMK Main Posters



Netflix Director Rod Blackhurst has worked for Knox PR since 2010

1. How Blackhurst Went Wrong

First, see above. Blackhurst’s pro-Knox fanaticism goes back seven years THAT is sure not explained in the film.

Second, see the image of Blackhurt’s bizarre tweet at bottom, conceivably welcoming our expose of his huge hoax. A minor development which could come to signify more.

The REAL story here is not the framing of Knox or a justice system that doesnt play fair. It is instead the giant innocence fraud perpetrated by Curt Knox and David Marriott since late 2007, and the known mafia manipulation to spring RS and AK and to bring Italian justice down a peg.

The aggressive PR scheme is not even mentioned at all, though it put out and took in millions of dollars. It has promoted anti-Italy fanaticism to the extent that several dupes have screamed at public events in Perugia and cops have been told to be wary of Americans who might tote guns.

Check out the 30 hoaxes in our right column hatched by the PR which we will expand upon in coming weeks. Many are furthered by this hapless film.

2. How Blackhurst Might Get Things Right

Blackhurst could start setting things right by starting way back when. That well-documented childhood abuse (touched on also in Knox’s book) could explain why so many have found Amanda Knox erratic and hard to take.

Not the least of those of course is Sollecito, who on and off  since 2007 has railed at her.

Meredith and her other flatmates and her cellmates in prison and pretty well anyone she ever met in Perugia found her hard to take, though when she was not high on drugs she did seem now and then to be trying to act right.

Why did Curt Knox initiate take-no-prisoners PR in a heartbeat in 2007? To cover his own tail for damage he had done to her in childhood, provoking a crazed escalation resulting in Meredith’s death? And why did so few in Seattle speak up for Amanda Knox in 2007? Why were so few parents keen to see an award created in her name at her high school?

Let’s hope Blackhurst is capable of real work and not simply parroting the PR..



Tuesday, September 20, 2016

Netflixhoax 4: Omitted - Netflix Illegally Demonizes Dr Mignini To The Advantage Of The Mafias

Posted by Peter Quennell



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

The Cynical Demonizing Of Dr Mignini

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

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

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

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

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

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

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

So they started to demonize Dr Mignini in her eyes.

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

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

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

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

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

False Charges And A False Verdict Against Dr Mignini Were ANNULLED

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

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

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

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

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

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

To the editor of Florence Corriere

Dear Director,

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

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

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

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

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

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

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

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

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

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

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

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

Kind regards

Giuliano Mignini

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

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

Dr Mignini Is Doing Just Fine

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

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


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


Thursday, September 15, 2016

Netflixhoax 3: Omitted - Dr Mignini Explains The Dirty Tricks The Dishonest Netflix Team Employed

Posted by The TJMK Main Posters


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


1. The Wider Context

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


2. Judy Bachrach’s Latest Crackpot Claims

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

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

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

It pays to understand four things.

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

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

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

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

3. Dr Mignini Corrects The Record At Length

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

Dr Mignini speaks

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Wednesday, September 14, 2016

Netflixhoax 2: Omitted - Producers Morse, Blackhurst, McGinn Commited Stalking Crimes

Posted by The TJMK Main Posters



Bigotry & stalking for fame & profit: producers Morse, Blackhurst, McGinn


Under Italian law the stalkers Stephen Robert Morse, Rod Blackhurst, and Brian McGinn have committed four kinds of crimes.

    (1) Misrepresenting evidence in an attempt to affect the outcome of an ongoing legal process in Italy.

    (2) Stalking justice officials (see below) in an attempt to affect the outcome of an ongoing legal process.

    (3) Stalking the family of the victim (this is a crime also in England and the United States).

    (4) Stalking members of the media (see further below) including screaming abuse at them in public.





Numerous abusive tweets have been deleted, but these and others were captured, and would weigh against them in court.

@NickPisa “Convinced you’re a heartless tabloid journo, but wanted to remind you that you f*cked up people’s lives:”

@BLNadeau “Reminder: Your quest for the latest, greatest story damaged people. You should be ashamed of yourself:”

@andreavogt “Wanted to remind you that your work seriously damaged many lives & you should be ashamed of yourself:”

Our main poster Pataz posted this about the gang’s harrassment of the Kercher family on his own site.

See “Amanda Knox” producer Stephen Morse’s shocking comment about the Kercher family

Posted on September 26, 2016 by pataz1

Here’s what we know: Sometime in late 2010 or early 2011, “Amanda Knox” directors Rod Blackhurst and Brian McGinn hooked up with Stephen Robert Morse and decided to create a documentary on Knox. Morse and Blackhurst went to Perugia in September of 2011 when Knox’s first appeal was heard. It appears that McGinn may have been with them, and that they connected with journalist Mario Spezi (who had previously been arrested by prosecutor Mignini for interfering with an investigation).

The Kercher family was represented at trial by their lawyer, Francesco Maresca. In Italy, the civil suit happens at the same time as the criminal suit, so Maresca was there to represent the Kerchers in their civil suit against the defendants for Meredith’s death. As a part of the original conviction in 2009, the Kerchers were awarded damages.

Knox’s defenders frequently attacked the Kercher family and their lawyer, Maresca, for the damages awarded to the Kercher family. Knox’s defenders claimed Maresca and the Kercher family were driven by the monetary damages awarded to the Kerchers.

Producer Stephen Morse, while covering the appeals, joined in these attacks on Meredith’s family, claiming the Kerchers were blinded by money.  While covering the appeals, Morse stated his belief the DNA evidence would result in an acquittal. Three days later, while waiting for the verdict, Morse claimed the Kerchers were ignoring evidence. In a tweet (still available Sept 2016), Morse charged the Kercher family with being driven by money:

“i feel for the kercher family but they cannot ignore dna evidence simply because they were awared an 8 figure civil victory. #amandaknox” –Stephen Robert Morse, 3-Oct 2011, 7:57 am.

For US readers, this is similar to claiming the Nicole Brown family was only out for money when they filed their civil suit against O.J. Simpson.

Two of the Kerchers- Meredith’s father John and her brother Lyle- have previously spoken about the symbolic nature of the damages, and that they do not care about the money awarded. In 2009 Lyle told the Guardian “It’s not the case that this has ever been about us seeking money, which is why we’ve been reluctant to do much media stuff throughout. That money will never really change anything in that respect.”

Meredith’s father John Kercher spoke to the Sun after the Hellmann appellate court overturned the trial conviction. He spoke out against potential book and movie deals for Knox and Sollecito:

Kercher explained that their civil claim- and an £8million damages award made when Knox was convicted – were symbolic in Italian law. “I find it distasteful that Knox stands to make millions from what happened to Meredith. I don’t think anyone should make money out of it – not us, not them,” he said.

“How would any parent feel if their daughter’s murder was to be turned into a movie for people’s entertainment?”

“We would not take a single cent from Amanda Knox,” Kercher added.

Nobody has asked yet how much Netflix is paying Rod Blackhurst, Brian McGinn, and producer Stephen Robert Morse for the rights to add the “Amanda Knox” film to Netflix’s library on September 30th, 2016.


Friday, September 09, 2016

Netflixhoax 1: Omitted - Netfix’s Challenges In The Media World Makes For Suspect Messenger

Posted by Peter Quennell



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

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



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

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

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

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

The movie premiers tonight in Toronto.

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

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

Maybe the report wont, of course.

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

This was one example. This is another.

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

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

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

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

Already we count two dead canaries in the Netflix coalmine. 

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

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

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

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

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

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

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

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

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

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

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



Wednesday, July 27, 2016

Artificially Controversial Adnan Syed Case Adds To Tilt Against Victims Worldwide

Posted by The Machine



Victim Hae Min Lee; bottom, podcaster Sarah Koenig basking in celebrity

1. The Media Overview

Doug Preston, John Douglas, Steve Moore and Bruce Fischer are by no means the only crackpots in America perpetrating innocence fraud.

Their main distinction was to perpetrate it in English against a victim and a police and court system of other countries, using ignorance and smears and a largely complicit American media to trample hard truths in the case.

But innocence fraud is still a tiny industry in Italy as compared with the godzilla it is becoming in America - often with politically vulnerable judges and usually with naive do-gooders in compliance. 

2. The Adnan Syed/Hae Min Lee serial podcast

Much of the public seems to have developed an insatiable appetite for documentaries about people who have been convicted of murders they allegedly didn’t commit. Faux TV documentaries title American Girl, Italian Nightmare, Paradise Lost, West of Memphis, and Making of a Murderer, have all been watched by millions of people.

Podcasts are another way of reaching them. Wikipedia defines a podcast as “a digital audio file made available on the Internet for downloading to a computer or portable media player, typically available as a series, new installments of which can be received by subscribers automatically.”

High school student Hae Min Lee was the victim in this 1999 Baltimore murder case and her ex-boyfriend Adnan Syed was convicted in 2000 of her murder and is serving a life sentence plus 30 years. 

The serial podcast about the Adnan Syed/Hae Min Lee case has been downloaded over 80 million times now. According to Apple, it’s the fastest podcast to reach five million downloads and streams in the history of iTunes.

In the light of public sentiment inflamed by it a retrial has been ordered, a ruling which Maryland’s attorney general will now seek to overturn.

Why was this serial podcast so popular?

Natasha Vargas-Cooper and Ken Silverstein made the following observation about the success of Serial in an article about the case for The Intercept:

“The reality is that ‘Serial’ only worked if it could demonstrate that there were serious doubts about the fairness of Syed’s trial and conviction. If he were guilty, there was no story. The storytelling device was to amplify claims that favored Syed’s defense and contrast that with a watered-down version of the state’s case”

TV producers and podcast makers know full well that an innocent person being railroaded by corrupt or incompetent cops is a far more melodramatic story than a run-of-the-mill domestic violence murder.

Paul Ciolino admitted in a question and answer session about the Meredith Kercher case at Seattle University that CBS News didn’t care whether someone was innocent. The only thing they care about is the story.

“I work for CBS News. I want to tell you one thing about CBS. We don’t care if you did it. We don’t care if you’re innocent. We like a story. We want to do a story. That’s all we care about.”

CBS News produced one of the most biased and factually inaccurate documentaries about the Meredith Kercher case “American Girl, Italian Nightmare”.

The CBS documentary is an archetypal example of innocence fraud. The story is told primarily from the defence point of view, incriminating pieces of evidence are ignored and the programme contains a number of significant factual errors.

3. Faults by podcast creator Sarah Koenig

The Serial is another example of innocence fraud. Sarah Koenig, the executive producer and host of Serial, tries to be partial and objective, but fails miserably.

Instead of maintaining a professional distance from Adnan Syed, she becomes emotionally attached to him, and it’s clear she desperately wants to believe he’s innocent.

She can barely hide her disappointment when she finds out things that show Syed in a bad light. Her comments that Syed doesn’t seem like a killer are just crass. She comes across as an unwordly academic who has been sheltered from the real world in her ivory tower. 

She says she doesn’t buy the motive put forward by the prosecution i.e. Adnan Syed couldn’t deal with being dumped by Hae Min Lee and it erupted in violence.

In reality, people kill other people for the most banal and trivial reasons. She doesn’t seem to understand that there are seven billion on the planet and not everyone shares her logic and morals. There have been a number of high-profile murder cases where seemingly normal people have committed horrific and senseless murders with little or no motive.

And motive is not a required element in any common law jurisdiction.

She adopts a piecemeal cherrypicking approach to the evidence and analyses each piece of evidence in isolation from the other pieces of evidence. If there’s an alternative innocent explanation not matter how far-fetched it is, she wrongly assumes it nullifies that particular piece of evidence.

It’s no surprise she concludes there isn’t enough evidence to convict Adnan Syed of murder: “It’s not enough, to me, to send anyone to prison for life.”

She doesn’t understand the concept and application of the “beyond a reasonable doubt standard” and that all the pieces of evidence have to be considered wholly, not separately - by a jury actually present to size up all witnesses.

According to the Supreme Court of the United States in Victor. Nebraska (92-8894), 511 U.S. 1 (1994):

“…absolute or mathematical certainty is not required.”

“You may be convinced of the truth of a fact beyond a
reasonable doubt and yet be fully aware that possibly you may be mistaken.”

You put all the pieces of evidence together to see whether a picture of guilt emerges.

According to the Supreme Court of Canada in Stewart v. The Queen, [1977] 2 SCR 748:

“It may be, and such is often the case, that the facts proven by the Crown, examined separately have not a very strong probative value; but all the facts put in evidence have to be considered each one in relation to the whole, and it is all of them taken together, that may constitute a proper basis for a conviction.”






4. Main facts of the case against Adnan Syed

The key pieces of evidence in the case were the testimony of his friend Jay Wilds and the mobile phone records which destroyed Adnan Syed’s initial alibi that he was at the mosque on the evening of 13 January 1999 - the day Hae Min Lee disappeared- and corroborated Wilds’ claims that he and Adnan were in Leakin Park that evening.

This is significant because Hae Min Lee’s body was found in Leakin Park. There’s no question that Jay Wilds had inside knowledge about the murder - he led the police to Hae Min Lee’s car. He confessed to being an accessory to murder after the fact.

On 13 January 1999, Hae Min Lee was supposed to pick up her cousin from the Campfield Early Learning Center after school and take her home. She must have been abducted by her killer whilst on the way to the kindergarten.

This means the window of opportunity for her killer to abduct her was extremely narrow. It takes approximately 11 minutes to drive the 3.8 miles from Woodlawn High School to the kindergarten. 

Jay Wilds told the police that Adnan Syed’s plan was to get a lift with Hae Min Lee. Becky and Krista, who were friends with Hae and Syed, claim they heard him asking Hae for a lift on 13 January 1999. Scott Adcock, a police officer, testified that Syed had told him he had asked Hae for a lift that day.

Syed would later deny that he had asked Hae for a lift. Adnan Syed had lent Wilds his mobile phone and car that day. However, it should be pointed out that it wasn’t the first time that Syed had done this.

Kevin Urick, one of the prosecutors, acknowledged in his interview with The Intercept that the two key pieces of evidence - the mobile records and Jay Wilds’ testimony - are of weaker probative value when considered separately, but pointed out that when you put them together, they are strong pieces of evidence.

“Jay’s testimony by itself, would that have been proof beyond a reasonable doubt?” Urick asked rhetorically. “Probably not. Cellphone evidence by itself? Probably not.”

But, he said, when you put together cellphone records and Jay’s testimony, “they corroborate and feed off each other–it’s a very strong evidentiary case.”

He also pointed out that the mobile phone records destroyed Adnan Syed’s alibi that he was at the mosque on the evening of 13 January 1999. From The Intercept:

“Yes. Early on in the Syed case, the defense sent us a disclosure of about eighty names stating that these were witnesses that were going to testify that Syed was at the mosque because it was Ramadan. He was praying all evening and that’s where he was [Intercept ed’s. note: We have corrected this in the introduction].

If they called those eighty witnesses, they would’ve obviously been testifying falsely, because the cellphone records in conjunction with all the evidence we gathered about the cellphone towers, who made the calls, who received them, place him everywhere but at the mosque.

The best defense an attorney can put on is the defense the client is telling them. But attorneys still are not supposed to put on fabricated evidence. And that would’ve been fabricated evidence. And I think once Gutierrez recognized that fact, she did not put it on.”

Adnan Syed chose not to testify at both his trials. If he had, Kevin Urick would have asked him a pertinent question.

“And my very last question would be, what is your explanation for why you either received or made a call from Leakin Park the evening that Hae Min Lee disappeared, the very park that her body was found in five weeks later?”

The mobile phone records also showed there was a call from his mobile phone to his friend Nisha’s landline at 3:32pm on the day Hae disappeared. This is significant because Jay Wilds didn’t know Nisha and Adnan Syed claims he didn’t have his phone at this time as Jay Wilds had it. The phone call lasted more than two minutes.

Sarah Koening speculates that the Nisha call could have been a “butt dial”.

Dana Chivvis, one of the “Serial” producers, puts the pieces of evidence together in episode 12 and seems to have serious reservations about Adnan Syed’s innocence.

“Adnan has always said it was his idea to loan Jay the car because he wanted to get Stefanie a birthday present right. So that’s pretty crappy luck that you loaned this guy who ends up pointing the finger at you for the murder that you loaned him your car and cell phone the day you ex-girlfriend goes missing. The next thing is that it seems pretty clear to me that Adnan asked Hae for a ride after school because we’ve got at least two of their friends saying they overheard him ask for a ride from Hae.

Adnan himself tells the cop that day he asked Hae for a ride. And In Jay’s first interview with the detectives, he says to them Adnan’s plan was to get in Hae’s car by telling her that his car was broken down and asking her for a ride. Then the next piece of bad luck is the Nisha call. I mean even if the Nisha call could potentially be a butt dial… in the realm of possibility maybe it was a butt dial, but what are the chances? Like that sucks for for you that your phone butt dialled the girl that only you know and would call on this day your ex-girlfriend goes missing that you happen to loan your car and phone out to the guy who ends up pointing the finger at you. That sucks.

And the last thing that I think really sucks for him if he’s innocent is that Jay’s story and the cell phone records match up from about 6 o’clock to about 8 o’clock which is when Jay is saying that you’re burying the body and that’s the time of day when you have no memory of where you were…But you Adnan you don’t really remember where you were that evening and that blank spot in your memory that’s the window of time when Jay’s story actually does seem to be corroborated by the cell phone records.”

It’s important to put the evidence that Dana Chivvis outlines into the wider context of Adnan Syed and Hae Min Lee’s deteriorating relationship.

In November 1998, two months before Hae Min Lee was murdered, she wrote a break-up note to Syed telling him to move on, accept her decision to end their relationship, and to “hate me if you will.” On the back of the note Adnan Syed wrote: “I’m going to kill.”

Is it a coincidence that two months later that Hae Min Lee was killed?

Is it a coincidence that Adnan Syed can remember very little about this day even though it wasn’t an ordinary day because the police called him to tell that Hae was missing and asked him if he knew where she was?

Ann Brocklehurst wrote a blog article criticising Sarah Koenig for consistently minimising the warning signs of intimate partner violence and noted that she overlooked that fact that Hae had asked a teacher, Hope Schab, to help her hide from Syed.




5. Doubts Sarah Koenig tries to raise

Sarah Koenig seems to think that Asia McClain is a credible witness - she claims she saw Adan Syed in the library that afternoon. However, Kevin Urick points out why the judge in the post-conviction trial didn’t take her claim seriously.

“I think the judge in the post-conviction trial does a very good job of pointing out that in the letters to Syed, she is very vague and indifferent about what she’s doing. The difficulty comes from Syed. In all his statements about his whereabouts the day of the case he says that he was at the school from 2:15pm to 3:30pm.

He never once, in any statement, at any time, made any reference about being in the public library. His defense was that he was at the school from 2:30 to 3:30. So [Asia McClain’s] reporting seeing him at the public library contradicts what he says he was doing.”

Kevin Urick also stated that Asia McClain told him she was being put under a lot of pressure from Adnan Syed’s family.

“Asia contacted me before the post-conviction hearing, she got my number and called me and expressed to me a great deal of concern about whether or not she would have to testify at the post-conviction hearing. She told me she was under a lot of pressure from Adnan’s family and to get them off her back she wrote him a couple letters.

The implication was she was trying to appease them and she didn’t want to have to stick by it at that time. And I testified to that when I appeared in the post-conviction hearing.”

Sarah Koenig also seems to think that Jay Wilds’ testimony shouldn’t have been used to convict Adnan Syed because he gave conflicting accounts. Kevin Urick explained why these inconsistencies don’t discredit him as a witness.

“Like I said, people who are engaged in criminal activity, it’s like peeling an onion. The initial thing they say is, ‘I don’t know a thing about this.’ And then ‘Well, I sort of saw this.’ You get different stories as you go along. This is the real world. We don’t pick our witnesses, we have to put them on as they are. There were a lot of inconsistencies throughout Jay’s prior statements. Almost all of them involve what we would call collateral facts.

“A material fact is something directly related to the question of guilt or innocence. A material fact would have been, ‘I was with Adnan,’ and then you’ve got the cellphone corroborating that material fact. A collateral fact would be, We were at Joe’s Sub Shop,’ but then you find out actually they were at the auto repair store. That’s a collateral fact. It’s not necessarily material to the question of guilt or innocence. So, many of the material facts were corroborated through the cellphone records including being in Leakin Park.”

Sarah Koenig is not the only person who thinks Jay Wilds’ testimony shouldn’t have been used to convict Adnan Syed.

Civil lawyer Richard Dwyer says doesn’t believe Adnan Syed and thinks he might be guilty, but he states he shouldn’t have been convicted because Jay Wilds gave conflicting statements and the timeline wasn’t proved beyond a reasonable doubt.

There seems to be a widespread misconception that the prosecution must be able to prove with absolute certainty each and every element of a second-by-second comprehensive timeline and that witness testimony must be discounted if there are any contradictions. 

The bottom line is the jury found Jay Wilds to be a credible witness and found Adnan Syed guilty of murder.

6. Some Conclusions

A biased and one-sided 12-part documentary presented by a partisan journalist doesn’t supercede a criminal trial where the jurors get to hear the defence and prosecution present their cases and watch witnesses being cross-examined in court.

Justice shouldn’t be a like a reality TV show where the public gets to decide whether someone convicted of murder should be allowed leave the big house. However, there’s no doubt that these types of documentaries do influence legal proceedings. A judge has recently ruled that Adnan Syed will be given another trial.

We can expect Adnan Syed’s supporters and a number of media organisations will try to influence the legal proceedings before and during the new trial. This couldn’t happen in the UK because of the sub judice rules which prevents the media from commenting on a case until a verdict is reached in order to prevent the jury from being swayed.

The Guardian recently published an article entitled “Adnan Syed is innocent. Now find Hae Min Lee’s real killer”, which was written by Adnan Syed’s chief advocate Rabia Chaudry. I hope the mainstream media provide balanced and factually accurate reports on the case - something they didn’t do when covering the Meredith Kercher case.

Journalists and the public should remember that a miscarriage of justices are not just cases where innocent people have been convicted of crimes they didn’t commit. They include cases where people have literally got away with murder. I can’t think of one documentary about such a case.

7. The reactions of Hae Min Lee’s family

Hae Min Lee’s family sat through the trials along with the juries and have no doubts that Adnan Syed killed her.

“It remains hard to see so many run to defend someone who committed a horrible crime, who destroyed our family, who refuses to accept responsibility, when so few are willing to speak up for Hae.”

Unlike Sarah Koenig or any of the 80 million people who downloaded the Serial podcasts, they actually attended every day of both trials, heard the arguments put forward from the defence and prosecution and saw the witnesses being cross-examined on the stand.

“unlike those who learn about this case on the internet, we sat and watched every day of both trials – so many witnesses, so much evidence”.




Some Of The Main Sources

One: Serial Season One

Two: EXCLUSIVE: PROSECUTOR IN ‘SERIAL’ CASE GOES ON THE RECORD

Three: EXCLUSIVE: SERIAL PROSECUTOR DEFENDS GUILTY VERDICT IN ADNAN SYED CASE, PART II.

Four: Serial podcast rehabilitated a schoolgirl’s murderer, so where’s the feminist outrage?

Five: Serial case: victim’s family offers rare statement before hearing resumes

Six: Adnan Syed is innocent. Now find Hae Min Lee’s real killer

Seven: Syed Of ‘Serial’ Podcast Given Retrial

Eight: Serial Podcast Locations

Nine: ‘Serial’ takes the stand: How a podcast became a character in its own narrative

Ten: Serial Finale—Why I Don’t Believe Adnan Syed

 

Posted on 07/27/16 at 07:46 AM by The MachineClick here & then top left for all my posts;
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Sunday, July 03, 2016

How Amanda Knox Is Encouraging West Seattle To Adulate Seriously Sick Individuals

Posted by Hopeful

At bottom: judge Persky may be fired for a light rape sentence


Fellow poster Pensky encouraged us to consider some bizarrely narcissistic postings by Knox on her Facebook.

That led me to her June 13, 2016 discussion of the Stanford rape case. My eyeballs nearly popped out at seeing Knox wax eloquent about Brock Allen Turner (right, at bottom, with lawyers).

He assaulted a comatose young woman outside a frat party, ran away but was seized by passersby. Then 12 jurors unanimously convicted Turner guilty of 3 felonies, but all he has admitted to doing is ingesting alcohol.

He is defiant, unrepentant, and really got lucky with Judge Persky giving him a slap on the wrist, 6 months in county jail, not even prison and he may serve only 3.

IMO, Brock Allen Turner is Knox’s new object of envy and Judge Persky is her new hero.

She waxes prolific about this light-sentenced rape case in the West Seattle Herald yet never ONCE reproaches or rebukes Brock Turner in a sincere and unambivalent way. She minces words, dances around in the passive voice, pretends to silently agree with the public’s outrage, yet she doesn’t fool anybody.

She is seething with jealousy that Turner got such a light sentence!

She is probably comparing Turner’s lucky escape with how she might have dodged a bullet had she only let Meredith live and not “finished her off” (my quotes, my assumptions).

Instead of dispatching the violated Meredith, Knox hoping to avoid prosecution by silencing her victim, now regrets it even more when she sees that Brock Allen Turner left his rape victim alive and that despite his alcohol fueled assault, he got off very lightly. Oh, how green with envy is Foxy Knoxy in retrospect.

Her entire article trumpets the concept of “punishment does no good”.

Yes, just let the devils go because nobody can make them feel ashamed of their crimes if the perp doesn’t wanna feel ashamed. Knox knows that from experience. She sees it in Brock, with his mealy-mouthed letter he wrote as a smokescreen fake apology.

Knox remains defiant and without remorse like Brock Turner. In this article she has the audacity to talk about how sexual assault can rarely be determined; that it’s mostly a he said/she said dilemma as to consent, and thus the suspect must be considered innocent due to reasonable doubt in most cases.

She even quotes Blackstone: “better for 10 guilty folks to escape than one innocent suffer”. I certainly agree with that. Knox got the benefit of that adage. So did Sollecito. Because they scrubbed and cleaned so well.

Knox wonders in this article if Turner’s torments in having to register as a sex offender, lose his college scholarship, lose great job opportunities, live with his reputation in tatters—if these realities will prevent him from reoffending.

She concludes, “Perhaps not. Judge Perky’s [sic] humanization of Turner-the-criminal is not abominable.” Of course not, Knox loves this judge. Herself the felon would desire the judge to go easy on all such birds of a feather as herself.

Nope, Knox isn’t into punishment. Not severe ones at any rate. No, punishment does no good in her opinion.

Her solution? to support the victim, to educate women on how not to become a victim, give victims solidarity and support, “pay attention and care about the suffering of the victim, whether they are vindicated in a court of law or not.”

Duh…this is precisely what TJMK and Perugia Murder File.net and .org have been doing for nearly a decade!!!

Knox’s desire as in the title of her article about redirecting focus, redirect it to what? To Knox’s new wisdom that sentences of any sort do no good, they’re vengeance and we should support the victim rather than shame the criminal! Otherwise, the criminal if treated too harshly has the right to his own victim status.

I do agree that extremely harsh sentences do as much damage to the soul of a prisoner as the lightweight joke sentence Brock Turner received.

Knox must be so jealous of the bumbling Mr. Turner. Oh if only she had let her victim live and accepted a few months behind bars, is probably her regret.

Like Turner, Knox confesses to nothing but being confused and forgetful on the night of the crime due to a fog of cannabis. She pretends to have been reduced to a dream state, thus removing any culpability in her conscience. How convenient.

Turner’s best ally and defense was his inebriation. So was Knox’s. Thank goodness for substance abuse which removes felt guilt, though the victim lies dead on the floor.

I cannot believe the gall of Knox to highlight the Brock Turner rape case and parade as a pundit for improved sentencing (or cessation of all sentences, in her ideal world, right?)

She is a ridiculous twisted pundit who claims to seek to improve the criminal justice system. Unmitigated gall. Most jailbirds like her do have great ideas for what society “should have done” with them other than imprison them for their crimes.

She talks about good things but they all assume the victim is still alive to help, things like “embrace a victim through their recovery, offer them resources, give them voice, recognize their value.” But did she recognize Meredith’s value? She could barely speak her name at trial or write it in her book. How many trees has she planted for Meredith?

Her last paragraph says not to equate condemning a criminal with recognizing a victim, and do not deny the “reparation a victim deserves.” What reparations has she paid Patrick Lumumba?

I will assess her silly Dawndra Budd photo spread soon. It is just more blind preening and another form of lies. Dawndra Budd has been deceived along with many others but The Herald article takes first prize in the brass mule contest. Knox loves Mr. Turner the escape artist.

And I am by no means entirely sympathetic to the drunk Emily Doe who was raped by Turner due to her own bad morals and stupidity.

However the really egregious culprit is the even dumber and cowardly Turner. His father is his best apologist, until Knox. At least Brock Turner did his crime alone and without a knife in hand and without a wolfpack of strong accomplices for moral support like Knox needed, if one compares the “courage” of Knox and Turner. They both used Dutch courage from a bottle as the saying goes.

Turner the lout deserves at least a two or three year sentence in lockup and extra community service hours, and stiff fines paid to his victim. Knox has skipped out on three-fourths of her rightful sentence and she remains as defiant and unremorseful as Turner, and she offended much much worse than he did. She seems to hint she might reoffend.

She never really denounces Turner, nor clearly supports Emily Doe except to admire Doe’s courage to “articulate her experience of absolute vulnerability with clarity and dignity”.

Articulate, schmiculate. Emily Doe cries loud and long about her offended dignity when there was little dignity to start with as her drunken public stupor showed. She did not deserve a physical attack, however.

Knox sympathizes with her because Doe was angry at the litany of questions put to her by the police and the wringer the police put her through about her lifestyle in an effort to delegitimize her. Knox takes umbrage with the police at all times, recalling her own dangerous position under interrogation.

Unlike Emily Doe, however, Knox was hiding a true crime of her own. Doe was merely ashamed of her alcoholic excess and her flirting at the frat party with guys when she had a boyfriend elsewhere. Knox totally empathizes with Doe’s lifestyle (remember David Johnsrud and others besides Raffaele when she dated him).

Meredith doesn’t need to articulate. She lived her goodness all along. Actions speak louder than words. Meredith never got to write her memoirs, but they would have been anointed. And truthful, unlike Knox’s clever lies.



Posted on 07/03/16 at 02:04 PM by HopefulClick here & then top left for all my posts;
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Saturday, January 09, 2016

How A Major Media Controversy In The US Augurs Well For The Imminent Reframing Of The “Knox Case”

Posted by The TJMK Main Posters


1. The Wisconsin Case Now In Dispute

1. The Netflix Report

In mid December a pay-per-view documentary about a murder case in Wisconsin was put online.

Millions of people in the US and elsewhere have paid up and watched the 10-hour Netflix report. Convinced that they are experts now on the whole case, hundreds of thousands of Americans have signed petitions to the President and the State Governor requesting that the convicted Steve Avery be released.

Some viewers have even taken to berating and threatening the investigators and the prosecution both online and in telephone messages and texts.

Their take seems to be of the investigators and the prosecution corruptly making many, many things up during the investigation and trial. Their supposed motive was to cover their tails in a previous case where Steve Avery was indeed wrongly convicted, for which they could now face court and loss of jobs.

Furthermore some reports claimed that a juror had said the jury felt intimidated and were never convinced of guilt.

2. Reaction Of US Media

A growing wave of reports and articles have been aired and published online in effect saying most of the hardest evidence was left out.

The lead prosecutor has been quoted as saying “90 percent of the evidence” against Avery and a relative convicted as an accomplice was not even mentioned in the report.

So a wave of fact-checking is going on.

Even though it is still early days here and here are Time Magazine. Here is the Los Angeles Times. Here is the New York Times. Here is On Milwaukee’s website. Here is the International Business Times.

Several TV documentaries contradicting the Netflix report are reportedly already in the works. See the reports here and here and also here.

And the juror has now denied that the jury was intimidated and did not do an honest job. So far, all the jurors seem to be standing by their verdict, in the face of a lot of heat.

Oh and on those petitions which Netflix stirred? President Obama’s spokesman has said it is not a Federal case so he will not intervene, and the Governor of Wisconsin has said he will not intervene either, as the state has good justice systems in place.

So they will ignore opinion that was deliberately muddled for commercial ends, and instead leave matters to the courts.

2. Parallels To Reporting Of The “Knox Case”

The parallels to the Perugia case are in fact immense.

The prosecution case in 2009 was extremely persuasive and the entire jury (panel of judges) voted for guilt. They sat through the very tough and convincing 1/4 of the trial that was held behind closed doors.

A majority of Italians still believe that Amanda Knox led a cruel pack attack on Meredith and (to Guede’s and Sollecito’s seeming considerable shock) landed the fatal stab in Meredith’s neck.  They watched Knox on the stand for two days, in fact doing herself great harm.

In contrast, almost the entire American media followed the Netflix route.

Main media have struggled to report the trial for language and local-staff reasons, and the Associated Press carried by 2000 media outlets actively misled. Main media presented almost no reporting of the very painstaking judicial checking by ten judges that preceded the case ever going to court.

Main media have still not translated not even one major document (the Wiki and two PMFs and TJMK have translated hundreds of documents now and are still not done) and have left hundreds of evidence points unaddressed.

Main media have also misreported the overturning of the Hellmann outcome and the Nencini appeal. They have especially misrepresented the supposed complete Marasca-Bruno reversal for the Fifth Chambers of the Supreme Court.

As lawyers for Dr Mignini and three of our main posters (James Raper, Machiavelli and Catnip) have shown, in fact the Fifth Chambers (a) should not even have had the case; (b) broke two laws, (c) misinterpreted a few elements of the evidence, (d) left literally hundreds of evidence points out, (e) went against strongly established Italian legal precedents, and (f) even ridiculed plain hard science.

And even so, they still placed Knox right at the scene of the attack at the time, and Sollecito probably so. Accessories before or after the crime. Felons in their view in fact.

So here’s a prediction on what Americans will see in the media soon on this case.

The widespread media reaction against Netflix will be reflected in a major correction in the main media against the serious under-reporting and misreporting of the Perugia case.

We have some idea of what is already in the works. Stay tuned.

 


Tuesday, June 30, 2015

Big Shot Across Bows Of Fifth Chambers: Charge Claims Several Illegalities By Marasca & Bruno

Posted by The TJMK Main Posters



President Sergio Mattarella, right, might have the power to overturn Judge Marasca’s verdict

1. The Unexplained Delay Of The Sentencing Report

Judge Marasca and President Mattarella, a former judge, have similar reputations: they have both fought mightily to prevent bent outcomes. 

It has been put about in Italian legal circles that Judge Marasca is not exactly in love with his panel’s verdict. We reported talk in Rome that he held out for several hours on 25 March against a majority faction led by Judge Bruno.

Perhaps he remains a captive of the majority in what might be a tainted court - if it is, it would not be the first tainted court in this case. The Hellmann court is considered as such, as quotes below indicate.

Almost with no exceptions, Cassation routinely reports its appeal verdicts both fast and briefly. Often the reports are presented within several weeks. and most of them come in at under 50 pages. 

In Meredith’s case all of the previous Cassation reports came in well before their deadlines. The one that took the longest was the 74-page report of the First Chambers in 2013, annulling most of the Hellmann verdict.

That took 85 days. We are already 10 days beyond that. It will not be very long before the delay in the report really raises red flags. 

2. Judge Marasca’s Post-Verdict Interview

Judge Marasca is well known for not giving interviews and for letting his court statements speak for themselves.

Seemingly aware that his court statement on 27 March was already being questioned, and by some ridiculed, he did give this interview to the reporter Fiorenza Sarzanini for Corriere. Key quotes from it.

A further process could not ascertain the truth about the murder of Meredith Kercher. The “proof used was so contradictory “it is impossible to overcome the doubts and inconsistencies…

The judges of the fifth section of the Court of Cassation were all agreed on canceling the sentence to 28 years and six months for Amanda Knox and Raffaele 25 years “without referral” [back down to the Florence court].

The panel chaired by Dr Marasca also considered “non-binding” the earlier ruling of the Supreme Court that in March two years ago ordered a new appeal trial [in Florence and annulled the Hellmann verdict]

These claims are contended in this new criminal complaint (see the Italian original here) and are rebutted most forcefully in the quotes from it below.

3. The Complaint In The Florence Chief Prosecutor’s Hands

On 28 May the criminal complaint was filed by the Perugia prosecutor Dr Mignini and two lead investigators against one of Sollecito’s lawyers, Luca Maori, together with a reporter and an editor of the Perugia weekly Settegiorni Umbria.

The interview and editorial comments sliming the prosecution and the investigators were published back in January, two months before the Fifth Chambers ruled. They might be seen as one of many attempts to poison public opinion and to lean on the courts - in this case, the Fifth Chambers, which had the appeal.

The narrative describes some nasty lies of commission and omission by Maori and the magazine staff. We wont repeat them here. Impactful on a much wider plane is how the complaint characterizes the investigation and the prosecution of the case, and the various attempts to bend courts and so bend outcomes of the case.

It is highly significant that this complaint was filed by a Florence lawyer and with the Florence court. The chief prosecutor for Florence and its region Tuscany has been quoted as scathing of the Fifth Chambers verdict, presumably seeing it as a slap in the face to his own team which contended the Knox-Sollecito appeal, and perhaps an attempt to take the powerful Florence court down a peg.

The Florence court had made a large number of documents available to the Fifth Chambers. As this narrative is highly relevant, the law would have required the Florence Chief prosecutor to forward it. We can presume then that all the Fifth Chambers judges have the document available and, as it sets up a polarity, quite possibly the First Chambers judges as well.

4. The Significance Of The Complaint’s Various Phrasings

If we notionally divide the document into five parts, part (1) explains the people named in the rest of the document and their respective roles, parts (2) and (3) describe the main elements of the very complex legal process and mistakes that were made by the Hellmann court and the Fifth Chambers; and parts (4) and (5) go into detail about the case against Maori and his interviewer and editor.

The excerpts below are from parts (2) and (3). Anyone involved in the legal process would see rather rapidly that parts (2) and (3) could constitute a blueprint for legal action against the Fifth Chambers (such legal action is now allowed) and could also constitute a petition to President Sergio Mattarella, the head of the Italian justice system, who has the power to overrule a Cassation outcome.

[1] it appears necessary to highlight the circumstances, in fact and in law, left in the shadows by the interview and which render even more serious, frankly incomprehensible and above all without any justification on the basis of the complex course of proceedings, the defamatory statements contained in the article and the very grave and intolerable accusations launched with so much superficiality against the investigators and the 34 magistrates who had upheld the prosecution’s case against the 11 who had doubted it.

Noted above are the many lies of omission (some are listed below; we have a long list pending) that tend to be typical when the defenses and those who were in the dock and their supporters describe the case. Also noted are the 34 magistrates who handled elements of the case and did not abort the process. See the examples here and here.

[2] The two accused Knox and Sollecito had been arrested on the morning of 6 November 2007, under an arrest warrant issued by Dr Mignini, as the Public Prosecutor in charge, a decree promptly validated by the GIP Dr Claudia Matteini who had issued a precautionary custody order for imprisonment. The appeals of the suspects against this latter, as issued by the GIP on the request of the same Dr Mignini, had then been timely rejected by the Re-examination Court for Perugia and by the First Chamber of the Court of Cassation.

Noted above is one area subjected to numerous lies of omission. In fact many magistrates were guiding the process and the prosecution had no opportunity for independent initiative prior to trial. Dr Mignini did not have to do that interview with Knox, he did it at Knox’s own request, to give her another fair shot at clearing herself - which she failed miserably.

[3] As a consequence, the two remained in a state of preventative imprisonment until the decision of the Court of Assizes Appeal Court presided over by Dr Pratillo Hellmann, that is for almost four years and there had never been, by their defence, any application of revocation or substitution of the orders against the accused, Knox and Sollecito…

A legal omission by the defenses which might be considered an incompetent blunder, which contrasts strongly with Maori’s claim that the two were in effect being railroaded. The lawyers did not go the extra mile. 

[4] the Court of Assizes at first instance, presided over by Dr Giancarlo Massei, with Dr Beatrice Cristiani as Recorder, at the end of a very long and thorough trial phase, had sentenced Mr Sollecito and Ms Knox for murder and the connected offences and Ms Knox, in addition, for calunnia against Patrick Diya Lumumba.

The trial was indeed long and thorough. Some of the most compelling evidence was behind closed doors - another area for lies of omission. Knox did herself great harm on the stand, sounding flippant and callous and not at all consistent or convincing, which ultimately cost her three years for calunnia. During the defense phase the lawyers had little to present and sessions were shortened or cancelled. There was much railing against Rudy Guede, who was not in court to answer back to it.

[5] At appeal level, the Court of Assizes Appeal Court - inexplicably composed of the President of the Social Security [Welfare] Chamber [Hellmann] and of an advisor specialised in the Civil Chamber [Zanetti]—despite it being that the President of the Criminal Chamber, Dr Sergio Matteini Chiari, was presiding over a bench; in any case there not being present a magistrate from the competent criminal chamber —had acquitted the two but had upheld the conviction of Ms Knox for calunnia, setting the penalty as a good three years of imprisonment.

This is still being investigated - did the defenses request of Chief Judge De Nunzio that the president of the criminal chamber Judge Chiari be replaced by the wrongly qualified Judge Hellmann? Judge Chiari (who resigned over this) has himself claimed so. And why was the wrongly qualified Judge Zanetti there?

[6] In the course of the proceedings there had been two experts nominated [by the Court] who, amongst other things, had submitted their report ignoring the documents attesting to the negative result of controls on the presumed contamination of the knife and of the bra-clasp, documents adduced instead by the Public Prosecutor. This should have entailed the sweeping away of [=the complete rejection of] the same expert report but the Court, presided by Pratillo Hellmann, with Advisor-Recorder Dr Massimo Zanetti, had ignored the grave error committed by the experts, an error which had been severely censured by the [Chieffi] Court of Cassation, First Criminal Chamber, in the decision handed down on 26 March 2013…

Investigation of Conti and Vecchiotti is also proceeding. They seem to have been bent and to have lied to the court - either that or remarkably incompetent. There is another quote strongly suggesting they were bent below.

[7] [Judge Chieffi] accepted almost all the grounds of appeals put forward by the Prosecutor-General and had annulled completely and definitively the acquittal decision, with remission (evidently upholding the grounds of appeal) to the Court of Assizes Court of Appeal of Florence which, in its turn, had fully confirmed the convictions of the Court of Assizes of Perugia.

There are many lies of omission about the annulment - one can find numerous quotes from the Hellmann court embedded in comments, articles and books - the Knox book goes on about how wonderful that appeal was without saying that none of it is of legal relevance now. 

[8] the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same,—the latter constraint, as constituted by the jurisdiction of sole legitimacy, being understood—, for defect pursuant to Article 606 Criminal Procedure Code and limited to the grounds proposed by the appellants (Article 609 Criminal Procedure Code).

Here is a translation of Article 628 of the Penal Code:

Impugnability of a ruling issued by a judge after remand

1. A verdict that had been issued by a court following a Cassation order of remand, may be impugned through a recourse at Supreme Court of Cassation if the ruling was issued on an appeal instance, and through the mean provided by law if was issued on a first instance level.

2. In any case a verdict issued by a court following a Cassation order of remand may be appealed only on the reasons that do not concern those that had already been decided by Cassation on the order of remand, or for not abiding to disposition of art. 627 paragraph 2.

The second paragraph of Article 628 clearly indicates the Fifth Chambers of Cassazione should absolutely not have accepted requests of appeal from AK and RS against the Florence verdict on those points that had been already decided by the First Chambers (the Chieffi court).  Those points decided by the Chieffi court, as per Article 628, cannot be appealed. Questions about them should be inadmissible.

[9] the judgment of the [Florence] court remitted to would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation, according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code. From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remitted to, would have had to consider as inadmissible the appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same…

the Court of Cassation cannot, therefore, ever adopt decisions on the merits and issue orders of acquittal under Article 530, second paragraph, Criminal Procedure Code.

...two chambers of the same Court of Cassation, the First (the one competent for proceedings in homicide matters, whose decision of annulment is definitive and who had identified and decided questions of law in a definitive and un-retractable manner) and the Fifth (who would have had to decide the appeals presented only on grounds of legitimacy of the defendants’, constrained by what had already been definitively decided by the First) have handed down two absolutely divergent decisions and the second had annulled the Florentine decision, positively excluding any remitting to another court and acquitting the defendants pursuant to Article 530, second paragraph, Criminal Procedure Code.

The Fifth Chambers seems to have clearly broken the law governing its allowed scope. It had no business getting into the evidence. If there was a perceived problem that should have been referred back down to Florence.

[10] from these starting points in fact and in law which are absolutely undeniable, it emerges that the course of proceedings in this case have been absolutely linear and respectful of the substance of the procedural rules up to and including the Florentine decision.

Well proven by the narrative. As we have frequently noted Knox was given six opportunities to liberate herself even before the 2009 trial began (try finding an equivalent of that in any other system) and failed all of them.

[11] the Court of Cassation, on the appeal of the Prosecutor-General of [the Perugia] district Court, had in a radical and definitive manner annulled the acquitting pronouncement and had remitted it to the Florentine district court because the same would adopt the consequent decisions of merit in the line of reasoning of the principles of law laid down by the First Chamber of the Supreme Court and of the points decided by it.

What the First Chambers said must stand. Surely all of the judges of the panel knew this very basic principle of Cassation. Be assured the First Chambers judges will be rubbing it in that this more junior panel has no right to reverse them.

[12] These principles of law are by now unmodifiable and unarguable: the [Fifth Chambers] , called on to decide the matter, as a “second opinion”, concerning the appeal of the defendants from the [Florence] judgment below, would have had to hand down a judgment fully within the “railway tracks” of the law, as fixed by the First Chamber, like the Florentine district court did, principles from among which we may cite:

Once again the emphasis is on how the First Chambers knew both the law and the case thoroughly, and the Fifth Chambers was seemingly adrift at sea.

[13] [Umodifiable principle]  the principle, in fact the unfailing legal prerequisite of a Supreme Court decision, namely the fact that the Court is precluded from “trespassing into a re-evaluation of the compendium of evidence” (see the judgment of the First Chamber at page 40);

[14] [Unmodifiable principle] the principle of law of the total and holistic evaluation of the probative material, as opposed to the “parcelled-up and atomistic evaluation of the pieces of circumstantial evidence, taking them into consideration one at a time and discarded in terms of their demonstrative potentiality”, which characterised instead, in the negative, the decision of the Court presided by Pratillo Hellmann (see the decision of the same First Chamber at pp. 40 and 41… ). The ancient brocard “Quae singula non probant, simul unita probant” [‘Those which alone do not prove, together do prove’], quoted on p 41 of the First Chamber’s judgment, consecrates in a definitive and unmodifiable manner this requirement of a global and holistic approach in which each individual piece of the jigsaw puzzle of reconstruction of the facts is considered together with all the others in their demonstrative synergy;

[15] [Unmodifiable principle] the principle by which the [Hellmann] court had run afoul of grave shortcomings and contradictory lines of reasoning and in glaring misrepresentations of the outcome, even in the attempted decoupling of the calunnia, by now definitively attributed to Ms Knox, with the result of masking from view the responsibility of the same in the homicide;

[16] [Unmodifiable principle] the principle according to which the testimony of the homeless person Mr Curatolo ought to have been evaluated on the basis of corroboration between his statements and the objective and unarguable circumstances emerging from the trial (such as the fact that the witness had with absolute decisiveness anchored the fact of having seen the two accused in the precincts of the basketball courts of Piazza Grimana, nowadays Piazza Fortebraccio, the evening before the arrival, the following day, at the Via della Pergola house of the men from Forensics in their white coveralls), rather than on the basis of Mr Curatolo’s social conditions and lifestyle (see the cited judgment of the First Chamber at page 50);

[17] [Unmodifiable principle] the principle according to which the definitive conviction of accomplice Rudy Hermann Guede ought to have been taken into account (no. 7195/11, published on 16.12.2010, it also from the First Criminal Chamber of Cassation), Guede having been held to have been extraneous to the simulation of burglary of a house. [A] habitation that, on the night of the murder, was solely at the availability of the victim and of Amanda Knox and from the statements made by the same Rudy before the Perugian district court, according to which Meredith was killed by the two co-accused (see the judgment at pages 55 and 56).

[18] [Unmodifiable principle] The principle by which contamination of the evidence is to be proved by the party invoking it and which, on the facts of the case, no evidence in support had been offered and which the [Hellmann} Court had seriously confused the abstract possibility of the fact with the averment of the fact (see the judgment at page 69).Umodifiable principle] The principle according to which it was a matter of a homicide committed by multiple persons, in concourse amongst themselves (see page 73 of the cited judgment).

Some brilliant legal arguing. This seems to really make it impossible for the Fifth Chambers to override these firm ruling of the First Chambers .

[19] [Only by ignoring all of the above, in reading the misleading Maori interview, one could be] induced into thinking that errors upon errors had been committed by the officers and agents of the police taskforce and by magistrates convinced of the prosecution case against Ms Knox and Mr Sollecito, then in fact of a “conversion” of the error into a knowing arbitrary act… One would have been led to think of investigators who, incurable in terms of these continual “denials”, falling prey to a kind of accusatory delirium which was by now running unchecked, would have continued to “persecute by prosecuting” two poor youngsters, contrary to any probative evidence, for the sole purpose of not seeing their initial reconstruction denied.

But see how Lumumba was checked out and released by the same team. Plus the same team worked on other cases which drew no accusations at all. It is significant to note that the Bongiorno & Maori team and Sollecito himself again and again dropped Knox in it, even in remarks made after the Fifth Chambers ruling on 27 March.

[20] for the readers it would have been difficult to be able to learn the details of the Kercher proceedings, [Maori and Lagana] launched themselves into making unbelievable, irresponsible statements, defamatory beyond any limit, statements which express an inexplicable rancour and bitterness towards the investigators in the Kercher case, from which, for the rest, especially Advocate Maori had given proof of from the start itself of his defence of Raffaele Sollecito

Maori falsely ascribed the “satanism as motive claim” to Mignini and seems to have been a party to other dirty tricks and loaded statements. At this point of the complaint the Curatolo testimony and knife evidence is re-emphasized as valid for their purposes and never undermined by the innuendo of the defenses. 

[21] Maori adds, repeating a singular idea repeated many times in the course of the proceedings and put to the Prosecution as the most significant expression of the error committed by the investigators: the guilty party, Rudy Hermann Guede, had already been secured by justice. Why continue to investigate the other contenders, when it had been found that it was Rudy who, no one knows why, would have been the sole killer and whose presence would have been incompatible with any accomplices?

As mentioned above, Guede was not at the trial in 2009 and so the defenses could freely rant on about him. Although some witnesses were devoted to trying to prove him a bad guy who must have acted alone, it went nowhere. The jury visit to the cottage showed them how ludicrous it was to argue that anyone would choose THAT window to break in. 

[22] Laganà knows nothing about the proceedings and plainly ignores: the calunnia by Ms Knox against Lumumba, the mise-en-scene of the burglary (which could have been realised only by someone who would have been afraid of becoming involved in the investigations), the genetic material of Ms Knox found a little bit below the handle of the knife and that of the victim in proximity to the point of the blade, the genetic profile of Mr Sollecito found on the clasp of Meredith’s bra, the systematic lies of the two, the traces of mixed blood of Knox – Meredith and the print of Sollecito’s foot stained with blood on the small mat in the bathroom next to the room where the murder happened, the traces revealed with Luminol, of the bare feet of Amanda and Sollecito, the witness who sees the two between 21.30 and 23.30 in Piazza Grimana, a couple of dozen metres from the murder scene, and Rudy’s accusations, just to mention a few examples.

Once again we see the theme common throughout the narrative of noting copious lies of omission - vital things simply left out which dont suit Lagana’s apparent purpose.

[23] [Maori] launches accusations against the press [although] the accused were able to benefit from a systematic information process in their favour and without any contradiction. One can see the case of, for example, the programme “Porta a Porta” which, in the months immediately preceding the Fifth Chamber judgment, had interviewed only Sollecito or his family and consultants, blatantly ignoring any requirement of an even balance, which instead had occurred previously, and all this in a programme on the public network..

This describes how even some arms of the Italian media became tainted and partisan and how the court officers were forbidden by the code of conduct from offering the kind of contradiction and rebuttal very common on American TV.

[24] Unfortunately, this procedural matter has been marked by pressures (often accompanied by menaces) and defamations which the investigators, themselves as well, have suffered in the media, by a very serious activity of disinformation and from serious attacks on the personal and professional reputation of the investigators by numerous organs of information especially in the United States (like in fact CNN), [and] by the extremely challengeable behaviour of experts who, beyond having “forgottten” the existence of negative controls, had been seen by Dr Mignini (and, according to what has been said to him, also by the biologist at Scientific Police headquarters Dr Patrizia Stefanoni), to be having a long conversation and in a “private” manner, with the defence lawyers of the accused, in particular with Advocate Maori, before the hearing in which the experts were to be examined and cross-examined had started. This had happened in particular on two occasions, both in Piazza Matteotti, in front of the law courts building, one time in front of the main entrance and a second time, further back, in the direction of Via Oberdan, while [on a third occasion] Dr Stefanoni and Dr Comodi had seen them together, amongst the various defence lawyers for the accused, in a bar.. 

This illegal mingling of supposedly impartial court-appointed consultants with the defense teams, described in public writing here for the first time, should have been enough to see Conti and Vechiotti dismissed as consultants from the case, and further down the road facing charges.

[25] there are letters addressed to Dr Mignini, the first on paper with letterhead from the Supreme Court [sic] of the State of Washington (in which place is found Ms Knox’s city of residence, that is Seattle), on the part of judge Michael Heavey (now in retirement after having undergone a disciplinary proceeding for having used Washington State Supreme Court letterhead in a “private” letter addressed to his Italian counterparts) which turns out to have been written also to other magistrates involved, under various roles, in the proceedings and which claimed, with absolutely inconsistent reasoning, the innocence of Ms Knox, asking his Italian colleagues in a pressuring way to “acquit her”; or the highly contentious and clumsily inexpert comments of satisfaction concerning the judgment of the Court presided by Dr Pratillo Hellmann, by authority of the Government of the United States, as, to cite a couple of examples, the then Secretary of State Hillary Clinton and, above all, with repeated interventions in the proceedings under way, Senator Maria Cantwell, of the State of Washington

Failures in fact checking shows up the very one-sided nature of American politics and media coverage. Judge Heavey even wrote to the Presidents of the US and Italy and copied those letters to Congress. Italian court officials are highly restrained from response to protect themselves. Even now many Italians officials dont even know what was being said in English about them and what they were being accused of.

[26] All this evidences the very particular climate in which the proceedings unfolded, especially that of the first appeal, introduced by a summary by the Recorder Dr Massimo Zanetti in which the latter was not at all worried about affirming that in the proceeding that was then being opened the only certain thing was the death of Meredith Kercher, a phrase matching the one that the Recorder of the Fifth Chamber of the Supreme Court, Dr Paolo Antonio Bruno, pronounced according to what was referred to Dr Mignini by an advocate for the civil party.

What a remarkable coincidence. In the case of both statements this is not in accordance with the Italian appeals code. Frequent examples were quoted above of how the Fifth Chambers must accept the First Chambers rulings as givens, and the First Chambers in 2013 in effect ruled in annulling Hellmann that no appeal should be a whole new trial lacking the rather key prosecution part. Note that in March 2015 the Fifth Chambers heard at length from defense lawyers who had been seven years on the case - but no prosecutor from Perugia or Florence was even invited to be there.

5. And In Conclusion

This was a VERY solid case. As is said there, all the lists of evidence in the quotes above could have been longer. Here is a much longer list. Cardiol’s great four-part series on Certainties contains a long list. We have posted various other such lists of evidence, a list of hoaxes, and numerous lists of false claims, and many Powerpoints, and many questions for Sollecito and Knox. Plus even more lists via our right column here.

So it looks like the verdict could become unglued. Italian courts work to some extent on precedent and a tainted verdict could be a very bad precedent. Other prosecutors and judges will be getting similar messages to the judges, not least the judges of the First Chambers which normally handles the murder appeals.

Please read the posts on the fight for legitimacy here and here for more context to all of this.


Thursday, May 22, 2014

The Cuomo Interview: Why This May Be The Last Time Knox Tries To Argue Innocence On TV

Posted by Vivianna




Concepts of innocence

I want to make the distinction here, as in some of my previous posts, between factual and legal innocence to show how on factual evidence Knox is giving up.

  • Factual innocence is what we may consider “true” innocence, i.e. the complete lack of involvement in a crime.

  • Legal innocence, on the other hand, is innocence established in a court of law on the basis of a reconstruction of events.

Ideally, the two coincide. But there are certainly cases in which someone who is factually guilty of a crime may be found innocent in a legal sense due to a lack of evidence.

This distinction is important here since the type of innocence Knox appears to want to establish throughout her most recent interview is, surprisingly, legal innocence – not factual innocence.

There are signs that Knox knows she’s failed to sell factual innocence, and is losing traction with all crime professionals everywhere - the psychologists are already long gone.

And signs that American big-media fascination has run its course. A few days after the release of the Nencini motivation report, Knox was interviewed by Chris Cuomo on CNN. This was the one big Knox-camp response to the report - and the main airing of the interview was just after 6:00 am.  A video of some highlights can be viewed on the CNN website after the brief ad.

I would like to refer you at the start to this excellent post by Eyes for Lies, who has been praised on TJMK before. The transcribed quotes below are taken from the Eyes for Lies blog and they are accurate; their accuracy can be confirmed by listening to the interview linked above.

“This judge’s motivations…”

The first thing you may notice when you watch the interview is Knox’s difficulty to form articulate sentences.  This is not a comment on her intelligence or her ability to speak in public, but it appears odd considering her coaching and the number of interviews she has given before.

She pauses often and constantly reforms her sentences, perhaps realizing that what she wants to say may not play out in her favor.  As a result, she uses vague and sometimes unusual language, and her sentence fragments reveal aspects which she is otherwise attempting to conceal.

This inability to effortlessly stick to her script in a somewhat tense scenario betrays the fact that there is a discrepancy between her beliefs and her public statements.  It also begs the question of why someone who is supposedly telling the truth needs to construct her answers so carefully if she has nothing to hide.

Cuomo begins the interview by asking Knox why she thought that this judge [Nencini] went further than any other.  Here is Knox’ answer, preceded by a rather odd smile:

I…believe…I mean, I can’t speculate what this judge’s motivations…personal motivations or otherwise…What I can say is that…as…this…case…has progressed…….the evidence…that the prosecution has claimed exist against me….has been…has been proven less and less and less.

The quote of Knox above is a good example from the legal v factual innocence point of view. First, let’s look at the opening few words.

She begins by saying “I believe…” and then stops.  Evidently, only Knox knows what exactly she intended to say, but it’s rather obvious from her next sentence that what she wanted to say about the judge was not particularly flattering or diplomatic.  Given her current situation and the pending defamation suits, she probably thought it was not a good idea to be direct.

Hence, she rephrases on the fly and goes on say that she couldn’t comment on his motivations, while doing this nevertheless towards the end of her sentence.  This is known as “paralipsis” which is stating something (which sometimes may be considered an ad hominen) while pretending not to do so.

The fact that she mentions Judge Nencini’s “personal motivations or otherwise” implies that his decision may have not been objective, but based on a personal bias against the defendants (an idea that Ms. Bongiorno has been unsuccessfully trying to flog after the verdict). 

“Diminishing evidence…”

Moving on, she makes the first appeal to the legal innocence I mentioned above.  Instead of clearly stating that she was innocent or that she did not kill Meredith, Knox prefers to focus on the fact that the evidence against her has been allegedly diminishing.

For one, this is false, as no piece of evidence at all has been dismissed; on the contrary, the new DNA test results from the Carabinieri lab could be considered as additional evidence.  So Knox is blatantly lying about something which can be factually disproved, which immediately raises the question of what else she could be lying about.

Secondly, what makes this statement odd is the fact that she does not assert her factual innocence.  As someone who was supposedly wrongly accused and against whom there is evidence, whether or not she chooses to acknowledge it, the one thing she has control over is the inner knowledge of her own factual innocence.

That kind of knowledge, in someone who was not subjected to torture or brainwashing, should be untouchable – absolute.  No matter what anyone said she did, if she knew for a fact that she hadn’t done it, she would be stating it at every opportunity.

The fact that she chooses not to do this indicates that Knox herself may have trouble keeping up this pretense of innocence, especially if she is privately plagued by fear and perhaps guilt or remorse (although she hasn’t shown any signs of the latter).  It has been suggested that she may be at a point where she has convinced herself of an alternate truth, but based on what she says, I am uncertain that she genuinely believes what she says.

“I did not kill…”

Only in her next sentence does she finally offer a denial – unfortunately couched in vague language which undermines her point.

I did not kill my friend. I did not wield a knife. I had no reason to.

Simple, straight sentences like these are the kind we would expect from an innocent person.  The problem lies in the fact that, throughout this interview, Knox never clearly states, “I did not kill Meredith.”  I don’t think Knox is lying when she says “I did not kill my friend,” since, strictly speaking, she did not kill any of her friends.

The problem is that Meredith was not her friend, even if both she and Meredith may have acted friendly towards each other at the beginning.  Based on statements given by Meredith’s English friends and by her family, Meredith was irritated by Amanda’s behavior and frequently complained about the latter’s habits (untidiness, dirtiness, attention-seeking, bringing strange men to the apartment, etc).

Meredith probably maintained a civil front in order to avoid tension, but she had already started to distance herself.  The fact that she did not return Amanda’s texts on Halloween demonstrates that she wanted to spend time with her actual friends, rather than have to deal with Knox’ histrionic episodes.  Given the social nature of Halloween in a college town, this situation would not have occurred if the two had really been close prior to the murder.

“I did not wield a knife” is a blatant lie, since Knox’ DNA was found on both the handle and blade of the kitchen knife.  Eyes for Lies found it strange that Knox even mentioned the knife in light of her innocence claim, but I think it makes sense because the knife figured prominently in the appeal proceedings.

Or rather, it makes sense for someone who is focused on the legal innocence aspect mentioned above.  Knox equates being found innocent with being innocent, as we’ll see below, so it’s important for her to address the evidence (without realizing that, by doing so, she is acting in ways which are not consistent with factual innocence).

“My friend…”

Returning to “my friend,” we see the beginning of a trend which continues throughout the interview.  Knox has a tendency to refer to Meredith obliquely – rarely by name.

This manifests itself in several ways: by exerting ownership (“MY friend”) or by referring to her as an inanimate object (which we’ll see happening in the following paragraphs).  Considering that murder is a total, irreversible way of taking away someone’s personhood, this constant appropriation and objectification are disturbing and belie Knox’s supposed fondness for Meredith.

Next, Knox says, “I….I was…in the month we were living together, we were becoming friends.”

Here I agree with Eyes for Lies’ argument that perhaps what Knox started saying was “I was trying to be friends with her.”  Note that she says “we were becoming friends,” not “we were friends.”  This calls into question her truthfulness when she calls Meredith “my friend.”

By Knox’ own admission, they were not quite friends yet at that point - or rather, not anymore, since the disagreements had already started; once again, Knox distorts the truth by making it seem that they were getting closer rather than as in reality growing apart.

A week before the murder occurred, we went out to a classical music concert together. Like…we had never fought. There is no trace of us.

The part about the concert is true (this is where Knox met Sollecito).  We don’t know why Meredith left before the concert ended: perhaps she was tired, she had to study, or didn’t particularly enjoy the music; it’s also possible that she may have felt irritated with whatever Knox was doing to attract Sollecito’s attention.

Given his inexperience and lack of confidence at the time, Sollecito would have most likely not approached Knox without an invitation, but that’s a matter for another post.

“Like … we had never fought” can be interpreted in two ways.  One: we can read it as “we went out […] together like we had never fought”; this implies that they did fight, which would be true, but that they were working on settling their differences.  Two: “like” could be a simple filler word, and we should read it as “we had never fought,” which would be false.  I’m not sure which way she meant it, so I’ll leave it at that.

“There is no trace…”

It seems like Knox jumps to saying “there is no trace of us,” but the video posted online was edited, and not very smoothly.  You can see the transition, so she must have said this after additional remarks or in response to a different question.  Hence, the fact that it seems random isn’t probably her fault.

It’s interesting in itself though because it’s another instance of her lying about verifiable facts (see judges’ reports and the numerous posts regarding forensic evidence).  Also, it’s an important statement in conjunction with the infamous quote about Meredith’s “broken body” because it once again equates lack of evidence with innocence, rather than directly stating innocence.





“If Guede committed…”

This is perhaps the most controversial part of the interview and also the part which ties things together (the idea of legal innocence and the objectification of Meredith).

If Rudy Guede…committed this crime…which he did…we know that because his DNA is there…on the…on Meredith’s body, around Meredith’s body.  His hand prints and foot prints in her blood. None of that exists for me and if I were there, I would have had traces of…Meredith’s broken body on me…and I would have left traces of myself….around…around Meredith’s corpse….and I…I am not there…and that proves my innocence.

She starts her response with something which is both incredibly revealing and absolutely shocking for someone who claims innocence - “If Rudy Guede committed this crime.”

I don’t think anyone has questioned Guede’s involvement in this murder, even if the precise extent of it remains unclear, and the two have partially built their defense around the lone wolf scenario.  Also, since Guede’s verdict was issued and confirmed years ago, Knox does not need to pussyfoot around his status for fear of slander charges. 

Knox is not talking about Guede’s involvement in general terms, however.  She’s explicitly referring to him actually committing the crime (i.e. inflicting the lethal wounds).  Her hesitation betrays the fact that she doesn’t believe he did.

Of course, she catches herself: “which he did … we know that because his DNA is there.”  It’s interesting she has to point out how she knows this – from reading the evidence, certainly, not from being there and therefore knowing for a fact that he participated in the assault, but not in the actual murder.

“On the… Meredith’s body”

Next, we have another instance of objectification:  “…on the…on Meredith’s body, around Meredith’s body.” Perhaps she wanted to say “on the corpse” and thought it might be a bit inconsiderate, so she switches to the more neutral “body,” only to use the implied word a few sentences later.  However, what’s striking about it is that she thinks of Meredith as a body, not as a person. 

I want you to think about the time you lost a friend or a family member, regardless of circumstances.  Did you ever think of them as a body, or did you continue to think of them as they were in life, even if you had to identify them or take care of funeral arrangements? I’m not asking this rhetorically, by the way.

When my father died (rather suddenly, but due to illness), it never ever crossed my mind to think of him as a body, but perhaps circumstances alter perceptions.  I’ve also read numerous things written by Meredith’s friends and family, and they always refer to her as “Meredith” or “Mez.” To them, she never stopped being a person because they loved her, and diminishing her would have been inconceivable.

I think it’s far more likely that the word “body” will appear in a military, medical, or anthropological context, in which there is no personal connection between the observer and the dead.  We may use this word ourselves when talking about the crime scene, but it’s rather telling that we use her name far more often than someone who actually knew her in life.

I can’t know what Knox felt about Meredith, but there is no indication it was positive.  The clinical and graphic manner in which she refers to “Meredith’s body,” “broken body,” and “corpse” betrays an obstinate refusal to acknowledge her as a person.  Why, if Meredith was indeed her friend as she insists?

For one, it suggests that Knox actually saw Meredith being transformed into a “body” and that this image stuck with her.  Let’s not forget that Knox never saw Meredith after the latter was discovered; based on the statements of the other people present in the cottage, she was not near the door when it was broken open, and she was also not asked to identify Meredith.

The only way an innocent Knox could have seen Meredith after her death would have been in photographs presented in court.  There is no doubt that such photographs can be disturbing and upsetting, but I don’t think they can supplant memories of actual experiences. 

Secondly, it’s a form of denying someone’s personhood and of expressing power and domination.  A murderer can literally deprive someone of personhood – an act which they may feel triumphant about, especially if the person was a source of distress in life.  I can’t help feeling that Knox is gloating when she mentions Meredith’s body.

Thirdly, refusing to name the victim and to refer to her as a person is a way of preventing her from taking center stage.  While Knox has repeatedly complained about the media attention she has received, both she and her campaign have fought really hard to marginalize and displace Meredith in an attempt to replace the tragedy of the latter’s death with the supposed tragedy of Knox’ unwarranted imprisonment.

It must be disappointing when someone you’ve risked everything to eliminate continues stealing your thunder, so Knox isn’t letting us forget the actual state of things: she is there, in a TV studio, enjoying the luxury of being an “I,” while Meredith has been reduced to an “it” – a broken body.

The words she uses to refer to Meredith, whether graphic or macabre, suggest disgust with the physicality of death.  Perhaps Knox just wanted Meredith to go away forever and found it difficult to deal with the aftermath of a violent murder.

“None of that exists…”

Returning to the issue of legal innocence, Knox claims that Guede’s hand and foot prints were identified, while “none of that exists for me”; also, “I would have left traces of myself….around…around Meredith’s corpse.”

These are further lies, since a size 36-38 foot print was identified, and Knox was the only one it could have belonged to.  There were also five mixed DNA spots (comingled blood from both women), which, just because they were not right next to Meredith’s body, cannot be dismissed.

The crime scene covers the entire house as far as the police and the court are concerned.  How anyone else defines the crime scene is of no consequence at all. 

“[…] if I were there, I would have had traces of…Meredith’s broken body on me,” she says next.  This is, of course, an impossible scenario since Meredith was discovered long hours after her death and it was days before police looked at her.

In the meantime, a clean up had unquestionably taken place, and Knox herself admits to having showered (perhaps not in the morning as she wrote in her email, but earlier that night).  Also, Knox was initially considered a witness, not a suspect, and her person and clothes were not immediately swabbed by the scientific police.

She’s trying to make it sound like no traces were discovered on her, but in fact no one tested for this and no one can prove it either way.

“I am not there…”

She continues: “I…I am not there…and that proves my innocence.”  By “I am not there,” she means that incriminating traces were not found at the scene, not that she wasn’t there on that night. Note the difference between “I am innocent,” which she does not say, and “[the lack of evidence] proves my innocence.”

In other words, she’s insisting on legal innocence, but doesn’t actually confirm her factual innocence.  The problem with that is since she’s lying about the factual evidence, it’s difficult to take her legal innocence claim seriously.

“Possible to win…”

At the end of the interview, she says, “I truly believe it is possible to win this and to bring…to bring an end to all of the speculation and the nonsensical theories and really bring peace to everyone who has suffered from this experience.”

The use of the word “win” here is peculiar, to say the least.  It’s consistent with her competitive attitude towards Meredith, for one – killing her and getting away with it, regardless of the sacrifices made on the way, would constitute a sort of victory, I suppose.

It also has the implication of “winning the case,” which we may expect from a lawyer or someone for whom this is a professional, rather than personal undertaking.  A wrongfully accused and imprisoned person has nothing to win in the end, considering the traumas they suffered; the most they can hope for is recognition and vindication.

She is correct, however, that it’s possible to end the speculation and theories.  However, that would require her, Sollecito, or Guede to tell the truth about what happened on that night.  In this, she has full agency – this is not something that can be done for her, but something which she needs to do herself.

Other than that, the “speculation and nonsensical theories” refers to the judges’ reports, in addition to lay commentary; her problem is that saying something is “nonsensical” doesn’t automatically render it so in the absence of arguments and proof (none of which she or her defense have been able to provide).

“Peace to everyone…”

“[…] really bring peace to everyone who has suffered from this experience” – this has to be one of the blindest and most self-centered things Knox has ever said about the case.

For one, it’s doubtful that a favorable verdict would even bring peace to her and Sollecito, since they will always know what they’ve done, even if they don’t have to fear imprisonment anymore.  It might or might not bring peace to their families, who have already spent a fortune on their defense and whose trust has probably been shattered forever. 

However, to imply that it would bring peace to Meredith’s family and friends is both presumptuous and contemptible.

Knox and her arrogant followers have, on numerous occasions, taken it upon themselves to speak for the Kerchers – how they should feel, what they should accept, etc. First pioneered by the contemptible Candace Dempsey, it is incredibly disrespectful to people who have suffered a great, irreplaceable, undeserved loss and who have done nothing wrong by pursuing justice for their loved one.

The fact that Knox and Sollecito have refused to confess for the past seven years has done nothing but prolong the suffering of Meredith’s family by denying them closure and the necessary space to mourn and heal.

Conclusions

what we have here is a number of outright lies, some distortions, and some false starts which help pinpoint what Knox believes, rather than what she says.  What we don’t have is a plea for factual innocence, but an attempt to prove legal innocence by glossing over the evidence or dismissing it altogether, and by calling into question the judges’ professionalism.  We also see no evidence of respect or compassion for Meredith, but rather an attempt to objectify and incorporate her in Knox’ own story. 

My impression is that Knox does not believe the things she says herself and is struggling to maintain a front; that despite her coaching and experience with interviews, she is getting ahead of herself instead of simply reciting her lines, which denotes anxiety and conflict.  I don’t believe she’s at peace with the murder at least, which hopefully means that at some point she might be inclined to confess.

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Thursday, May 01, 2014

See Sollecito’s & Gumbel’s Myriad Defamatory Attacks On Italian Justice; Charges Are Expected

Posted by The TJMK Main Posters




Did Gumbel Mislead The Guardian’s Editors?

Gumbel co-wrote Sollecito’s book.

In the Guardian he has a strident piece accusing Judge Nencini of getting a couple of minor facts wrong in the prefinal draft of his excellent report..

So Knox deserves “a new trial”?  This is the same third-rate reporter who has damaged not only himself but Knox and Sollecito with myriad false claims over two years. He fails to mention to the Guardian and its readers that he has a major vested interest here.

Gumbel seems quite incapable of getting even simple plain facts about the case right.  First, note two false claims right there in the Guardian: this was a new trial, and the protracted legal process is Italy’s fault.

Actually no. This was Knox’s and Sollecito’s own first appeal.

And in the UK and US any approval of any appeal after the very decisive trial outcome of 2009 would have been extremely unlikely. The Hellmann court was in effect hijacked, and the courts all know this, and Hellmann is paying a price for it. That added several years to the process.

And in the appallingly inaccurate book Honor Bound which Gumbel co-wrote with Sollecito, he included factual errors and false criminal accusations on every page and often in every paragraph.

The Gumbel and Sollecito book was released in English on 18 September 2012 and within ten days all of Italy knew that the book was a crock.

Bruno Vespa, the persistent host of Porta a Porta, Italy’s most popular crime show (for the equivalent of which American TV cries out) forced Sollecito’s father in national prime-time to admit that at the core of the book was a huge lie.

Other claims about the case and the officials were shown to be wrong on that show too.

Huge numbers of professional book reviews and Amazon reader reviews swallowed Gumbel’s and Sollecito’s false claims in the book whole. The nastiness toward Italy and its justice system and officials was ratcheted onto a whole new plane.

Charges Expected Against Andrew Gumbel

For the legal reasons explained in this key post an investigation by the Florence Chief Prosecutor’s Office was mandated to begin.

In that same post it was warned that for the period the investigation would require, it would be taken below the radar, so that the Sollecito and Gumbel team would have no way to respond through dishonest PR or legal dirty tricks.

A not-unsurprising result of that stealth move was that in the meantime, in the last year, very full of themselves and feeling no constraint, Sollecito and Gumbel went hog-wild in adding more crazy claims.  And still more.

Now Prosecutor Gianbartolomei has issued his announcement of the conclusion of his investigation. Felony charges will be brought, though the specific focus has at present not been revealed except to the defenses.

As we reported several weeks ago, the defense had 20 days to say something, such as to request that Sollecito or Gumbel be interrogated or allowed to declare or explain something.

Then the prosecution will file charges against Sollecito and Gumbel, and possibly their foolish book promoter, Sharlene Martin, and Simon & Schuster, their sloppy and highly irresponsible publishers in New York.

Which precise false claims Prosecutor Gianbartolomei has made the target of his report we do not know. But this is a target-rich environment, that is for sure:

Examples: 20 False Claims In Seven Pages

These twenty examples of felony claims all appear in the book’s preface which is only seven pages. Such claims continue throughout the book at approximately the same rate.

1. That Italian justice authorities took the easy way out

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

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

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

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

2. That the preventive custody was very harsh

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

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

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

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

3. That the prosecution and Italian media demonized the pair

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17. That the Italian judiciary has vast, unfettered powers

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted on 05/01/14 at 01:04 PM by The TJMK Main PostersClick here & then top left for all my posts;
Right-column links: Defendants in courtRaff SollecitoHoaxes Sollecito etcHoaxers from 2007Sollecito teamHoaxers: media groupsUK GuardianSollecito Book
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Friday, April 11, 2014

Why “Buyer Beware” Re Amanda Knox Could Be A Very Good Idea For The Innocence Project

Posted by The TJMK Main Posters




1. Innocence Project Conference

The annual national conference of Barry Sheck’s Innocence Project is to take place on Friday and Saturday in Portland, Oregon.

Dozens of American who claim they were unfairly treated by the American justice system will share their stories and give pointers for measures that paid off for them.

We tend to believe them. We have long highlighted that in terms of fairness and carefulness the American system and Italian system are poles apart.

At this conference Amanda Knox will try to get the Project’s support.

However. Knox may be the least useful convicted perp on the planet for the Innocence Project to get behind or learn anything from.

  • First, the Italian system is not remotely as she and her colleague Sollecito describe it. It is in fact a system the United States is starting to emulate. If widely adopted the Innocence Project would have a very light load and most of those at the conference would not even have had cause to be there.

  • Second, the case against Knox and Sollecito is an overwhelming one with far more and far stronger evidence points than UK and US courts normally require for conviction. The 2011 appeal was automatic; in the US and UK grounds for allowing an appeal would have been considered lacking. (The Supreme Court ordered the 2013 appeal.)

  • Third, the Knox-Mellases have run a despicable multi-million-dollar PR campaign. That has proved not only ineffectual but massively damaging to many good people, and a source of tension between two countries. The blood money Knox and Sollecito have achieved from their dishonest books and endless money-grubbing create a new world record for illegally profiting from a crime.

  • Fourth, a drooling and irresponsible academic who represents the Innocence Project in Idaho, who may be beholden to the mafias, and who criminally inserted himself into the appeal process in Italy, claims to be beating the drum for Knox at the conference.

Barry Scheck and REAL victims everywhere would really be best served by taking these wise precautions

(1) kicking the foolish grandstanding mafia tool Greg Hampikian out of the Innocence Project,

(2) learning things from the very impressive Italian system, which could help many REAL victims,

(3) deny Knox yet another forum to frame Italians, mislead Americans, and make even more illegal blood-money .

For Barry Scheck and genuine justice and REAL victims everywhere, distancing themselves from Knox would be the smart outcome.  Let her stick to autographing this in the lobby.


Friday, March 07, 2014

Obstruction Of Justice? How The Guardian Poisons Public Opinion Against The Italian Courts

Posted by The TJMK Main Posters



[Alan Rusbridger has been the overall Guardian editor throughout the whole period described]

1. How the Guardian got itself on a roll

The Guardian has a daily UK print run of around 180,000 which places it 12th among Britain’s 13 national newspapers. (Last is The Independent, which may soon fold.) The Murdoch-owned Sun has a print run more than 10 times the Guardian’s. The Daily Mail’s print run is 9 times, the Mirror’s is five times, and the Times’s is two times.

Seemingly stuck at the back, the Guardian has worked hard to get a lot of people to beat a path to its website, especially Americans, and to become addicted to it. Website readers now run neck-and-neck with its hardcopy readers. Its website comes second in readers among UK newspapers after the Daily Mail, thanks largely to those Americans, and that jumps the overall readership of the Guardian from 12th to 5th place in the United Kingdom.

In another attempt to boost circulation, the Guardian has become triumphally missionary. It is doing a lot more than the old-fashioned reporting which most other UK newspapers stick to. The Guardian assisted Julian Assange’s Wikileaks to publish a number of secret documents “borrowed” from governments, although it has since turned on him and has been attacking him and Wikileaks ever since.

The Guardian also spearheaded the media investigation into the phone-hacking by Robert Murdoch’s News Of The World which led to that newspaper’s demise and the ongoing parliamentary and police investigations into other phone hacking by other Murdoch media vehicles.

2. The Guardian’s substantial pro-Knox campaign

The Guardian’s campaign against Italian justice on behalf of Amanda Knox is another triumphalist campaign, but this one often takes it very far away from the truth, and almost certainly outside Italian law. Less obviously a campaign at first glance, but undeniably one in progress when one connects up the dots as we shall do. 

The resources the Guardian allocates to it are quite astonishing. Since 2007 the Guardian newspaper and website have been averaging several long reports, videos, opinion pieces or brief mentions every day for a grand total according to Google’s site-search application of over fifty thousand separate items.

Well over a dozen reporters have their names over stories and opinion pieces, and some have filed reports from London, Seattle and Italy that now number in the dozens and dozens.  At least three of the Knox PR shills (Nina Burleigh, Doug Preston and Andrew Gumbel) have managed to have over-the-top opinion pieces published in the Guardian,  with no explanation at all of their vested interests and family links. 

Only the volume of the Daily Mail’s coverage of the case comes anywhere near the Guardian’s - and the Daily Mail coverage shows little sign of being a consistent campaign. The Mail publishes pro-Knox and anti-Knox trivia and gossip and photos with equal enthusiasm, and attracts frequent irritation from the pro-Knox forces.

In sharp contrast to these two UK newspapers, the top American newspapers and websites have averaged at most one-fifth the number of items since 2007 and, with the possible exception of CNN, none of them seem nearly as fixated upon the Knox cause as the Guardian is.

From late 2007 to around mid-trial in 2009 the Guardian was about as even-handed and tentative in its coverage as the Times was. Then bias suddenly moved into overdrive. These headlines below are representative of the Guardian’s coverage from mid-2009 to the present day.

3. Notice the typical pro-Knox headline bias here

  • 2009 “Amanda will get out eventually” exclusive interview with mother Edda Mellas | Hattenstone

  • 2009 The friends back home intent on telling the ‘real Amanda Knox’ story | Paul Harris

  • 2009 Police beat me, Amanda Knox tells jury as she takes her turn in the witness box | Kington

  • 2009 Cold comfort in jail as Amanda Knox begins 26-year sentence | Kington

  • 2010 Unanswered questions over Amanda Knox’s conviction | Deborah Orr

  • 2011 Amanda Knox ‘crucified’ for crime she did not commit, lawyer tells court | Hooper

  • 2011 Amanda Knox begs judges to ‘do justice’ in emotional final plea | Hooper + Kington

  • 2011 Confident and optimistic, Amanda Knox waits to hear the final verdict | Kington

  • 2011 Amanda Knox was a ‘faithful woman in love’ says defence lawyer | Hooper

  • 2011 Yes, Amanda Knox is guilty. Guilty of being sexually active and female | Carole Cadwalladr

  • 2011 Amanda Knox ‘could make millions from TV and press deals’ | Lisa O’Carroll

  • 2013 My penpal Amanda Knox and me | Simon Hattenstone

  • 2013 Amanda Knox: I went to jail naive and came out an introspective woman | Esther Adley

  • 2013 Amanda Knox: what happened to me could have happened to anyone | Shiv Malik

  • 2013 Read all about Amanda Knox – except in neurotic Britain | Nick Cohen

  • 2014 Amanda Knox will not return to Italy to serve sentence, say parents | Lizzy Davies

  • 2014 Amanda Knox: ‘They’ll have to pull me back kicking and screaming to prison’ | Hattenstone

  • 2014 Amanda Knox: I feel stranded and trapped since new guilty verdict | Hattenstone

  • 2014 Amanda Knox vows to fight Meredith Kercher murder conviction ‘to the end’ | Hooper etc


4. Notice the typical anti-Italy headline bias here

  • 2009 Amanda Knox case is typical of Italy’s inconclusive justice | Tobias Jones

  • 2009 Call for solitary confinement of pair accused of killing Meredith Kercher | Kington

  • 2009 Cold comfort in jail as Amanda Knox begins 26-year sentence | Kington

  • 2010 Amanda Knox appeal: ‘Italians are embarrassed by this case’ | Preston

  • 2010 Unanswered questions over Amanda Knox’s conviction | Deborah Orr

  • 2011 Amanda Knox: victim of Italian code which puts saving face before justice | Preston

  • 2011 Amanda Knox is a witch? Sorry, are we living in 1486? | Joan Smith

  • 2011 Amanda Knox trial was flawed at every turn, says appeal judge | Kington

  • 2011 Amanda Knox: police under fire over botched investigation | Hooper

  • 2011 Amanda Knox’s lawyers hit back at police and prosecutors | Hooper

  • 2011 Amanda Knox ‘is lucky Italy doesn’t have death penalty’ | Hooper

  • 2011 Amanda Knox case is typical of Italy’s inconclusive justice | Tobias Jones

  • 2011 Amanda Knox: what next after 1,450 days of wrongful imprisonment? | Hooper

  • 2013 Amanda Knox’s retrial puts Italian justice in the dock | Joan Smith

  • 2013 Knife key to Amanda Knox trial had no trace of Meredith Kercher’s blood | Lizzie Davies

  • 2014 Knox and Sollecito case delivers harsh verdict on Italian justice | Andrew Gumbel


5. Meredith’s friends demand extreme bias be ended

This unprecedented objection to the Editor of the Guardian which had been signed by over 100 of Meredith’s friends was published on Tuesday 4 February.

The Guardian’s repeated casting of the Meredith Kercher murder trial as a gross miscarriage of justice for Amanda Knox and Raffaele Sollecito is disturbing (Reports, 1-4 February). Undoubtedly, the case is complex and shrouded in ambiguity and uncertainty. However, there are at least three points which are certain.

1) During the pre-trial, trial proper, and retrial, different judges and juries have, after close and prolonged examination of all the evidence, concluded there is enough evidence against the defendants to find them guilty of the murder charge against them.

2) The appeal in which the defendants were acquitted was overturned after the supreme court found it to have “multiple shortcomings, contradictions and inconsistencies” and that the “evidence against [the defendants] had been underestimated”.

3) At the same time as she was originally found guilty of murder, Amanda Knox was also found guilty of slander and subsequently sentenced to four years’ imprisonment for having accused an innocent man of the crime. Although acquitted of murder on appeal, the slander charge was upheld.

At the time of the acquittal, Ms Knox had spent four years in jail, ie she effectively served the slander sentence while on remand. Therefore, she has not in fact served any time in prison for a crime she did not commit (although the same could not be said for Mr Sollecito if the final outcome of the legal process were to find him not guilty).

Assertions such as those made by Andrew Gumbel (himself a co-author of Sollecito’s autobiography) that Knox and Sollecito have been reconvicted “without a shred of evidence to substantiate the verdict” are untrue and undermine the gravity of the case, as does a one-sided interview with Ms Knox during which the evidence against her is barely addressed.

Only those in the courtroom are in possession of the full facts; it is only they who should make pronouncements on what the outcome should or should not be. Until then, the best course of action would be to wait for the (admittedly, grindingly slow) Italian legal process to come to its conclusion.

Guardian staffer Chris Elliot (image below) offered only a whiny and dishonest response. Our next post will start with that in identifying the Guardian’s many illegalities.


Posted on 03/07/14 at 04:39 PM by The TJMK Main PostersClick here & then top left for all my posts;
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Saturday, January 25, 2014

How Many Extraditions Do The US And Italy Refuse? Approximately Zero, When It’s To Each Other

Posted by Peter Quennell



[Ex-fugitive Florian Homm above and below in front of his palatial Mallorca Spain home]


The State Department and FBI collaborate more closely with their Italian counterparts than with almost any others in the world.

Italy is a very loyal political ally to the US and has helped out a lot diplomatically and militarily around the world. The FBI and their Italian counterparts in Rome have officers permanently embedded from one another and there are dozens of transactions going on all the time..

Extraditions both ways take place without fuss at the rate of a few a year, which the State Department and Justice Department are not inclined to fight. A couple of weeks ago, the Supreme Court in Rome declined the final appeal of fugitive swindler Florian Homm and sent him on his way to the US.

Homm had many millions to pay top lawyers to fight his extradition case. But he still lost.

The only extradition requests from Italy the US doesnt fulfill are the CIA kidnaping in Milan and Air Force Dolomites case.

It is the CIA and Pentagon overtly or clandestinely exercising special military privileges that is the cause of the two standoffs. NOT the Department of State, which has made clear it is not too thrilled.

Contrary to broad confusion in the US (fed by biased stories from Colleen Barry of the Associated Press) the Florence appeal is not a second or third trial of Knox.

It is a FIRST appeal, actually filed by Sollecito and Knox, on the same lines as any American first appeal, after the previous Hellmann appeal was furtively bent, and then scathingly annulled.  Knox has been in provisionally guilty status since late in 2009.

So double jeopardy absolutely does not apply.

The one REAL difference between this appeal and any American appeal, which seems over Colleen Barry’s head, is that this appeal request was automatically allowed. Any American appeal judge (except Heavey, who serially gets the hard facts wrong) would have thrown the flimsy appeal grounds out.

It may take up to a year, if Amanda Knox chooses to waste more big bucks on lawyer fees -  their batting record for that is pretty dismal so far, though, and a confirmed-guilty verdict in Florence next week might be only the start of more legal strife. False claims in her book will soon see her back in court.

But it seems 100% likely that Italy will “get their man”. To a rapidly increasing number of Americans, Italy’s gain would also be the US’s gain.



Wednesday, December 18, 2013

The Rise And Fall Of “Frank Sfarzo” And How Knox-Mellas PR Eagerly Propagated His False Claims

Posted by Ergon



[Frank Sfarzo, thinking of better days past…]

This post is also available here in Italian. It would be appreciated if the attention of Italian media could be drawn to that page.

My previous posts

Parts One and Two of this series on the increasingly erratic Francesco Sforza (called here Frank Sfarzo, his pseudonym) are here and here.

Summary of conclusions of investigation

1) The Knox/Mellas PR campaign, the Friends Of Amanda, and the activities of online commenters like Bruce Fischer and Frank Sfarzo are one and the same, coordinated to subvert the course of justice in the trial of Amanda Knox.

There is evidence of coordination of stories planted in various media, manipulation of Wikipedia, moneys paid to Frank Sfarzo; they post on his forums, he posts on theirs, and attempts to profit from the murder of Meredith Kercher.

2) The mercenary trickster Frank, who has other agendas and is flexible on the idea of guilt or innocence of the accused, inflames her gullible supporters with stories of ‘rotten’ Italian justice, and, by demonizing the prosecutor Giuliano Mignini, makes them unlikely to ever reasonably look at the concrete evidence of guilt presented in court and confirmed in several trials so far. 

3) A series of lies sourced by him and the campaign then makes it into Amanda Knox and Raffaele Sollecito’s books, and from there into the media, which, thinking they have been confirmed by various sources, repeat them endlessly in an attempt to sway public opinion, without doing any fact checking of their own.



(Douglas Preston and Mario Spezi, co-authors, The Monster Of Florence, first set attack on legal system in process.]

Introduction to Part Three

As someone who has long been fascinated by politics and the use of PR in political campaigns, it was interesting to see similar tactics used by the campaign that sprung up around the group known as the Friends Of Amanda Knox, or, FOA.

The group, formed to battle inflammatory descriptions of Knox and counter the negative media reports about ‘Foxy Knoxy’ “ was soon indulging in pretty inflammatory rhetoric themselves, mostly through the internet.

Many trial watchers, who were used to the normal progression of murder cases, were shocked to see the virulent online campaign become the story, and translate into a wholesale attack on a foreign country’s judicial system, and an attack on one prosecutor, Dr Giuliano Mignini, and the police force of the city in which the murder took place, Perugia, Italy.

These attacks soon got picked up and repeated by a hostile media, often without the simplest fact checking, but more to do with feeding the public with an endless titillation effect of sex and violence.

Analyzing this wall of noise became an interesting pursuit for many of us. Was there truth to the allegation that these were two ‘innocent kids’ railroaded by a rogue prosecutor with an obsession with Satanism and sex, and was there widespread public support for them, or, just the semblance of it?



[Edda and Chris Mellas. Only picture of them at an FOA event, which Frank Sfarzo claims “they have no connection with”.]


And how and when did Frank Sfarzo become such a big part of the picture? Make no mistake, he was central to the PR effort, as “the only Italian reporter to attend every trial date for the two accused” and apparently a victim of “a prosecutor with an enemies list” who sent police goons to kill him (Frank Sfarzo) which only served as back story for quasi-journalists, to play out their own prejudices and excuse two people already convicted of murder.

This series of articles on the activities of Frank Sfarzo and the FOA was based on the simple philosophical equation: if some should set themselves up as watchers and experts of a murder trial conducted in a foreign language, in a country thousands of miles away, and create reams of ‘expert’ opinion that never was to be tested in court, well, who would watch the watchers?

And how important was Frank Sfarzo, as the only Italian in the mix, to give them credibility by simple parroting and agreeing with their conclusions? Who was Frank Sfarzo, anyway? (For that, see parts One and Two)

Who are the “Friends Of Amanda”?

And how did they come across Frank Sfarzo?

The FOA was originally a “group of parents whose children went to Seattle Prep School with Amanda Knox” included Tom Wright, a filmmaker, Jim Lovering, a marketing specialist, David Marriott, of the PR firm, Gogerty Marriott, and King County Superior Court Judge Michael Heavey, with attorney and CNN legal specialist Anne Bremner as their spokesman.

Seattle Resident and New York Times columnist Tim Egan fired off a series of xenophobic posts, which portrayed the 1st instance trial as an exercise in anti-Americanism. A sentiment regrettably echoed by Washington Senator Maria Cantwell.



[Many well known FOA members are seen here with Frank Sfarzo]


Here is Frank Sfarzo, fully converted to Amandaism by January 19, 2009, and on board on his blog Perugia-Shock: “Friends for Amanda…. A different kind of marines”

Hate and contempt, people judging, people lynching, profiteers, and jackals. But there are as well a few nice stories around the Meredith Kercher case.

There’s Meredith’s family who have not had a word of hate for who ever stolen their daughter’s life. There’s a guy like Rudy—guilty of having killed Meredith or of just not having called the 118? never mind—who lives today in repentance, and had thoughts of sorrow for the angel that we lost.

There are Rudy’s lawyers, Walter Biscotti and Nicodemo Gentile, able to fight with all their strength and not exactly for a fortune. There’s Rudy’s elementary teacher and her son who run to the court to testify for this unlucky guy.

There are people who go work into the jails, keeping inmates busy with any sort of activities. There are Amanda’s guards, first rough but who treat her now like a queen.



[Professor Chris Halkides, “the DNA Guy” who writes many misleading pieces on DNA evidence, with Amanda Knox and her friend Madison Paxton]


Frank Sfarzo, continuing:

There were already people in Seattle helping Amanda’s family. Now we have Anne Bremner and Amanda’s friends. They didn’t stay there just watching and complaining. They chosen to show to the world that the girl they know, the gentle and creative young woman who loves music, the outdoors and children can’t be a killer and today friendsofamanda.org, the website they built for the purpose, is ready.

“Amanda should never have been arrested,” said Anne Bremner, a Seattle attorney and TV legal analyst:

“She’s on trial because Italian officials made a series of serious investigative mistakes and didn’t realize it until they had already leveled false charges. They got themselves in so deep that they refuse to get out.

Private criminal investigator Paul Ciolino used stronger words in a CBS 48 Hours interview last year: “It’s a railroad job from hell.”

The Friends of Amanda is not associated in any way with Knox’s family or her legal defense team. It includes members from the U.S. legal and judicial systems, an internationally renowned criminal investigator, a best-selling author, and other professionals and friends who believe unequivocally in Knox’s innocence.

“Many of us are parents who would be grateful for the support of a similar group if our own child was locked up 6,000 miles away in a stranger-than-fiction nightmare,” Bremner said. “Our mission is to present the international public and the Italian justice system with the solid facts and evidence that irrefutably prove Amanda’s innocence, and bring her home.”

“The killer is serving his time,” said Bremner. “He acted alone. Neither Amanda nor Raffaele was at the scene at the time. Zero evidence connects them to this homicide. We are absolutely certain that neither of them had anything to do with Kercher’s tragic death.”

“Italian authorities and the international media have presented a lurid and utterly false image of Amanda, accompanied by fantastical references to sex games and occult rituals,” Bremner added. “Everyone who knows Amanda says these stories are beyond ludicrous.”

Not really “the marines” Amanda’s lawyer was joking about but a nice story of friendship and solidarity. “America as I like it.”



[There’s a picture of Meredith to the back here, along with her accused killers’. FOA and Knox revel in phony ‘tributes’ and ‘honor’ to Meredith, knowing it will pain the Kerchers]


Of course, as we now know, Sfarzo already had been receiving moneys from OGGI, from American networks, and, very likely, the Sollecito family.

I do not agree that he changed his mind about guilt at some point along the way.

It is my opinion, that, having known Mario Spezi from his time in Florence, he returned to Perugia to find ways to attack PM Mignini, and his primary goal was to attack his credibility and affect his Monster Of Perugia investigation through a full bore attack on his handling of the Meredith Kercher Murder case.

My opinion, as I say, but there simply is too much evidence of collusion with Mario Spezi and Douglas Preston, and financial inducements via Bruce Fischer’s gullible membership, as reported earlier.

The rest of his story, and the main point made, that the FOA had no connection with Amanda Knox’s family, (or Frank to the FOA) we know to be an outright lie, as FOA>Chris Mellas>Bruce Fischer. Note Sfarzo’s nearly two month stay with the Mellases.

Judge Heavey and others making regular donations amounting to tens of thousands of dollars to Frank Sfarzo and his never ending demands to them for more.



[Bruce Fischer, center, long chained to Sfarzo, now the toothless ‘attack dog’ of the FOA campaign]


The stories sourced from Frank about ‘Mignini’s Goons’ found its way into the CPJ, Committee to Protect Journalists, who never retracted their claim after finding out that Sfarzo lied to them, that he had assaulted police who were called by his sister when he attacked them for trying to take her away from his clutches. Maybe this had something to do with it: 

CPJ 2009 Donors

Douglas & Christine Preston

Julia Preston

Even his stories about not receiving any commissions from newspapers turned out to be a lie, he directed the RCS Group to send royalties for all the previous photos and stories to Seattle, and his pleas to send donations to another PayPal account (controlled by his aunt) were not because PayPal was creating problems for him, but because he was trying to avoid taxes. (I saw copies of his e-mails, and he was traveling with copies of his aunt’s ID).



[Frank with Judge Michael Heavey, shortly after his arrival in Seattle.]

Judge Michael Heavey

He is an interesting subject in himself, as one of the most fervid FOA.. Not having been very successful in his political ambitions, and admonished by the Judicial Ethics Council for his advocacy for Amanda Knox, he seemed to have some sort of emotional connection to the case, and maybe, like Bruce Fischer, wanted a springboard for his next venture, which now, grandly, is called Judges 4 Justice.

Here is our full investigation of him along with a video and transcript of his pro-Knox presentation repeated at numerous Rotary Club venues. He even took Frank Sfarzo and Dr. David Anderson to one in Yakima, WA on July 25, 2012.

At one of them (transcript) he repeats the claims of ‘corrupt and dishonest police’, ‘they planted evidence’, ‘kangaroo court’, ‘14 hour all night long interrogation’ canards. He also says elsewhere: “I used to think he (Mignini) was evil incarnate” and, shockingly, says:

The criminals are those who perpetuated a false accusation against two good young people. These police and prosecutors lied, cheated, and stole the innocence of two good young people. They are the criminals.

Why did the Supreme Court of Italy send this case back? Here is the answer

. In an effort to save face, the Italian Supreme Court joined the prosecution and the police of Perugia, and perpetuated these false accusations. The Italian Supreme Court has become criminals themselves. They continue the abuse of two good young people.

My prediction, this goes back for a third trial, there won’t be too much fanfare, and the verdict will be not guilty, insufficient evidence to prove beyond a reasonable doubt. The Supreme Court, the Court of Cassation, does this to save face, but in reality, in my opinion, they have disgraced themselves as jurists, they continue to disgrace their country. Is this justice? I think not.

Is Judge Heavey unhinged? You can decide here..



[Frank, the loony Dr. David Anderson, and Judge Heavey at the Yakima Rotary. Anderson still attacks the victim’s family]

Bruce Fischer

Now we all have Bruce Fischer’s M.O. of intimidation and bullying behavior down pat. He is not simply an advocate for Amanda Knox, he is Chris Mellas’s surrogate in the online wars.

His enemies list, his attempts to “out” any anonymous individual who got in his way of building an Innocence-Anywhere-for-hire advocacy group. He promised to apply for charitable status, but became for profit.

His ballistic threats to expose the leakers who came forward on Frank Sfarzo’s behavior showed how important Frank Sfarzo was to their cause, there was no level he would not sink to, this has all been reported previously, in Parts I and II. The relevance, also, of the SfarzoGate Papers is that it sank Bruce Fischer.

But it was in his using of a very few volunteers to create the impression of widespread support that he undid himself. He even patently allowed the use of sock puppet accounts to out people, and to attack PM Giuliano Mignini.

And it was in his use of sock puppets to write articles for Wikipedia, and control the Meredith Kercher, Giuliano Mignini, and Candace Dempsey entries, that he exposed himself, and even, inadvertently, showed collusion with FBI agent Steve Moore.

Here is our investigation, in part on his methods.

But where Bruce really out-did himself was where FOA friends wrote numerous articles on the poorly editorially controlled (plus active collusion with the editors) Ground Report to write numerous libels about their favorite target, Dr Giuliano Mignini. (I also once got the ‘special treatment’. No biggie, I knew when I got involved this would happen, and this cause is worth it.)

Here is one comment written by an anonymous commenter “JLS1950” to another, “Heisenberg”:

JLS1950 > Heisenberg −

Sounds to me like Mignini seeks to protect the real traffickers from “competition”. I wonder if that might help shed some light on his connections to Guede…”

And who do you think was the source for this? Frank Sfarzo.

Note: “JLS 1950” is Joe Starr, a Seattle resident who was identified as being Chris Mellas’s best friend, and whose syntax, repeated libels and foul language for the last six years in various forums marks him as being one single awful person, regardless of how many ID’s he appropriates.



[Joel Simon of the now discredited CPJ, which did not fact check Frank’s allegations, then refused to retract after it turned out he lied.]

Example of major false Sfarzo allegation

this is Frank Sfarzo on Perugia Shock:

“MIGNINI WAS THERE AND THE INTERROGATION WAS VIDEO RECORDED” January 31, 2012

“I gave the order, to bring them both in together” –Giobbi revealed at the trial. “So, as soon as the room was ready, with the camera set up and everything, she was called in”

“I was in a room together with the prosecutor Mignini” –Giobbi adds– “We were watching the interrogation, so to study her reactions”.

“So, Giobbi reveals that Mignini was present! He is responsible, then, for everything that happened that night.”

But in the court transcript Dr Giobbi says nothing of the kind. The only other observer was Dr Profazio, the head of the Flying Squad. Dr Mignini was at home in bed.

And in his testimony there was zero mention of any camera. There was no recording. They were merely puzzling over Sollecito’s and Knox’s behavior.

So here’s a legal quiz.

After an investigation into a certain Perugian Blogger’s Blog is concluded, and someone wades through three years of slanderous shite, they find posts that accuse an officer of the court of consorting with drug traffickers, and protecting them, and lying about whether Amanda Knox’s interrogation was recorded, amongst many other false allegations.

In short, if he accuses said officer of the court of committing crimes.

Is that worthy of being sued for defamation, or is it not?

Steve Moore

Shortly after ex-FBI agent became convinced by his wife to look at the case in 2010, he started running illegal background checks on prominent commenters for guilt, as he admitted on his blog. His presentations on the case were uniformly, laughably, unprofessional.

There are more than a dozen posts on TJMK debunking him.

Chris and Edda Mellas

Not only do they organize and coordinate the FOA and Bruce Fischer wings of the Amandic Party, they have made it very clear that they approve and support their activities 100%.

And then they threw a party for the troops, but hid when the infamous group photo was taken, to hide their involvement. Luckily (see image of them above) we do have a picture of them there.

I blame them for their lack of respect and thinly disguised hostility towards the Kercher family, and for allowing their surrogates to attack the Kerchers as being motivated by “greed” when it was the Massei court that awarded the damages! The people who made such comments on their behalf were at that party, and they know that! The Kerchers, with their grace and perseverance, are the polar opposites of the classless Mellases.



(David Marriott, of the Marriott PR firm, who quickly lost control of the campaign as the FOA got into attack mode.)

Frank Sfarzo, again

This is before he realized it might be better to keep his mouth shut and disappear for a while:

“Damn, I’ve heard that pmfrs are slandering me seriously through one of their members, a certain “Tamale”, a certain ”Ergon and various other anonimous (sic, I am not anonymous) slanderers (people so ashamed of themselves that they don’t even have the courage of appearing with their own name and face).  Good for my lawsuit. Hey, I didn’t know I was in jail… Thank you “Michael”, hope you got valuable properties…”

No, I’m not ‘anonimous’. My photo and name’s been published on IIP since 2011, and when Sfarzo ran in to me at Cassazione in Rome on the afternoon of March 25, he couldn’t even make eye contact. He spent the whole day texting away (maybe he took a picture of me with his Blackberry? smile. Then the last I saw of him was on the Porto Umberto I bridge that night at 10:00 PM, driving away in his little Smart Car, hunched down and still texting at the stop light.

On December 16, the lawyers for the Kercher family presented their arguments, in the Appeals court of Florence. They were there, as they had been since the beginning of the trial in Perugia, to speak for the real victim, Meredith Kercher, above all.

Then on December 17, the lawyers for Amanda Knox presented their case, which amounted to more than a rehash of false arguments. It was livened only by an e-mail from Knox, to which as the judge said, if she wants to defend herself, she can present herself in court.

Raffaele Sollecito’s lawyers will present their arguments January 09, and then the prosecution rebuttal January 10. From now on, nothing the few remaining FOA does will make any difference to the verdict, due January 15 approx.

The end

Who knew when I first commented on the case in 2010 where it would lead me? Yes, the case brought together all sorts of people, but in the end, it was the nastiest PR campaign I have ever observed. Amanda Knox, Chris Mellas, Frank Sfarzo, Douglas Preston, Michael Heavey, Bruce Fischer and Steve Moore all seemed to revel in this dirty fight.

One day, they may look back and ask “Was it worth it? Did it help the cases at all? The Monster Of Florence, Knox/Sollecito, against Mignini?” But somehow, I feel they are, and always will be, singularly unaware.



(Outside Cassazione, Aula No. 1, Rome, waiting for the court to return. 8:30 PM, Mar. 25, 2013. This is when the wheels fell off the PR bus.)

Acknowledgement

Much of the background is based on research on the principals conducted and reported in the pages of the PMF dot net forum,, the PMF dot org forum,, and TJMK here..

I want to mention Nell and guermantes, Kermit and James Raper, The Machine, jools, Mr. and Mrs. Fly By Night, Yummi, Peter Quennell, and brmull (who sadly is no longer commenting on the case), and many more. The rest, too many to list here, but gratefully acknowledged.

And also I was fortunate to be entrusted with information from many confidential sources about Frank Sfarzo, and to obtain more when I went to Rome to attend the hearing at Cassazione March 25-26, when the Italian Supreme Court accepted the appeal of the Umbrian prosecutor general Dr. Galati and annulled the acquittal of Amanda Knox and Raffaele Sollecito.

This was a collaborative effort, and my thanks to all of you.


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