Collection: CNN Network

Friday, September 21, 2012

CNN’s Jane Velez Mitchell Has A Nervous Sollecito And Then TWO Guests Who Think He Did It

Posted by Peter Quennell

A lively debate! CNN Headline News tonight around 7:30. No “I wuz beaten up by meanie policemen” claims this time by Sollecito.

Mistakes were made by all the speakers, but super-lawyer Wendy Murphy and the crime blogger Levi Page gave the case for guilt their best shot. Even the third commentator thinks the timing of the book is insane.

Wendy Murphy didnt know about the Meredith book, but it was published only in England and transgressed no Italian law. She did vigorously get across just how much evidence there is, and not for the first time. See her tough article here and tough interview here where she assesses Knox as dangerous.

Jane, Mignini is NOT in a ton of trouble and never was. No satanism, repeat, no satanism. Your senior CNN colleague Nancy Grace believed Knox did it. Your CNN colleague Drew Griffen set Mignini up. See here and also here.

There were no leaks - at least not by Mignini. He never leaks. There were no tabloids, at least not in Italy. The only 2-3 were in the UK, and they affected no jury. There was no invented Foxy Knoxy - that was her own Internet presence.

Sollecito couldnt get his story out? But he maintained a code of total silence for four years - could THAT have been the problem? And Sollecito did NOT support Amanda’s alibi - he sold her down the river in a heartbeat when a policeman looked at him funny (kidding - just a little).

And what’s with your squealing, Jane?! He isnt THAT adorable. Not if you are at the wrong end of a knife.

Tuesday, May 24, 2011

Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #3

Posted by Skeptical Bystander

The previous post is here.

CNN’s report is downloadable here. The first hour is here and the second hour here..  Our translators were PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

0’28’’ CNN: you certainly made no secret about intimidating Preston and Mario Spezi

0’49’’ Mignini: Well, I do not understand what intimidation. So, well look. For starters, this proceeding near Florence has nothing to do with this issue. So this is a non-issue. So, as for Mario Spezi, and I’ll come to Preston later, Mario Spezi was subjected to an investigation that, in relation to this matter is not closed yet since it is still pending, and following [in relazione a] this investigation, a precautionary measure was requested, which the investigating judge granted. Then the re-examination Court [Tribunale del Riesame] instead reversed the decision. While, in Amanda’s case, [the precautionary measure] was confirmed. As you can see, in Spezi’s case, the re-examination Court [Tribunale del Riesame] canceled the precautionary measure on grounds of default. In the Court’s view, there were not enough serious indications of guilt on the subjective aspect [of the crime].There were [indications of guilt] on the objective aspect of the crime of calunnia [false accusation], the crime for which he was being prosecuted. On the subjective aspect, i.e. the bad faith, there were not. And thus the court, the re-examination Court, reversed this measure.

But during the investigation, even before a measure against Spezi had been requested, a relationship between this writer, Douglas Preston, and Mario Spezi had emerged. And Preston, a writer, was summoned as a “person informed about the facts”, I do not remember, I think it was February 2006. And he was, just like many other people “informed about the facts”, he was interrogated by me. During the interrogation, this time he was questioned by me as if he were, let’s say, a witness, during the examination as a person informed about the facts, evidence of guilt emerged against Preston. And, in particular, Preston’s answers were not consistent. They appeared to me, in that moment, they did not appear to be true. So at that point I stopped the examination. Look, the examination lasted approximately twenty minutes, not more. I met Preston only on that occasion. About twenty minutes ... I told him: “I must suspend this examination.” Just like the Police did with Amanda, always according to art. 63. “I must suspend your hearing because evidence of guilt has emerged in relation to the crime under art. 371 bis of the Penal Code”. Now, pay close attention to this [missing words]. “And thus you must appoint a lawyer”.

He signed. Present in my office, which was not the one you saw this morning but it was another one, also on that floor, were my assistant, the clerk, Dr. Daniela Severi, there was the captain of the Carabinieri, Antonio Morra, there was a police [woman] officer from Florence, and I think there was a magistrate in training that I think was training with me, I do not remember this now. However, there was the captain, a police officer and the clerk. He signed [the statement]. I accompanied him to the door and to try to explain to him, he had told me that he spoke Italian but, in my opinion, but he did not [missing word] Italian. He believed he could speak Italian but he did not fully understand this procedural aspect. I told him, I remember we were by the door, “you must now appoint an attorney. This process that I am now opening against you for making false statements to the prosecutor, Article 371-bis, will remain suspended by the law, because the law provides that this offense, if one makes false statements to the prosecutor in a criminal case, this process that has been opened for false declarations will remain suspended until the main proceeding in which these statements were made is defined”. He did not understand this detail and he, I was really surprised and amazed by this fact, he thought that I was encouraging him, and he then said that I had encouraged him to flee, that I would arrest him. I never said such a thing because this charge does not provide for arrest. And that’s all.

Then I followed what he said throughout this matter which is completely [..missing word.. ] .. completely misrepresenting what happened, and then I dismissed the case because there was no… I decided to terminate the proceeding and there was nothing else. It’s all there, the Preston matter ends there.

07’37’’ CNN: I interviewed Preston and, according to him, this is not true. He said the interrogation lasted two hours. And (reading what Preston said): “I started to sweat, the prosecutor began to ask again the same questions, worded in a different way” he insisted with his secretary for [having her] repeat what he had said, which is the truth? “I started to feel that I was looking like a liar by the way my voice was trembling”. He had to write a statement in Italian, he had to do it several times because the person who was writing it did not understand well. Is he lying?

09’20’‘Mignini: Well, you have listened to Preston, I had the assistants, I did not think to bring them with me, but they can tell you everything. I do not remember now how long the interview was, I think about twenty minutes, perhaps half an hour, perhaps, perhaps, I do not know, an hour or so, I do not know, I have to look at the record.

However, what is certain is that when you make a statement, a few things are asked and the person must tell the truth and I challenged some of the things he said. I do not remember now in detail because it is of no [word missing], I have had other things to deal with [and] I do not even remember it. I challenged some of the things he said, I remember that I made him listen to a few phone calls that had been intercepted, phone calls in which he was speaking with Spezi, and what he was saying was not credible, it did not seem to be credible to me. I put it on record, because I had to dictate the statement to the assistant, who wrote the statement, and Mr. Preston signed [it] and he therefore recognized the validity of the statement, because he signed it, he did not refuse to sign it. Therefore an interrogation was made and a few statements were challenged.

The person, Preston, made a few statements that were not [missing word], that did not appear to be at all credible to me. I made him listen to, to prove that according to me he was not telling the truth, a few intercepted phone calls and I do not recall seeing him particularly [missing word]. Then if he was in a state of mind that a person is in when interrogated by a magistrate, if he felt troubled, I do not know. If that were to be the case, I am sorry but I’m afraid that it is like this in my line of work. Interrogations are made, one must hear [missing word], the person must tell the truth. And if [a person] does not tell the truth then objections must be raised. What is clear is that I challenged these facts, we put [everything] on record. Others were present: the assistant, the clerk, the Carabinieri captain, the police woman, therefore there is no point in discussing this, there is nothing more than what has emerged, than what came out in the statement. Preston signed the statement.

12’02’’ Then, the thing that struck me is that I subsequently received a few requests asking me, and I read this on a few Internet websites as well, if certain statements had been made. I really do not wish to comment on those statements because I do not wish to get into an argument here. I would like to try to explain that, if he had come back, because he had to flee because he would have been arrested if he had come back to Italy: this is a pure fiction, a total fabrication, non-existent. Furthermore, I dismissed his case and therefore I do not see how [missing words]. While the other proceedings, the proceedings against Spezi, are still pending.

13’00’’ This is the situation, I remember that I [missing words], subsequently he [Preston?] even asked me for an interview, to which I, to this request, did not respond.

14’16’’ CNN: it sounds very similar to what Amanda Knox described.

14’22’’ Mignini: It is completely different because I interrogated Preston [while] Amanda was interrogated by the Police. In Amanda’s case, her interrogation was halted by the Police. In Preston’s case, his interrogation was stopped by me. Preston was not arrested, Amanda was [arrested]. The two things are completely different. They have absolutely nothing in common apart from the fact that I was the prosecutor in both cases. But this is all. Just like in many other proceedings. There is not the slightest element in common.

15’23’’ CNN: you have just said that your job is to make sure that a witness tells the truth but at the same time you did not verify what was said by the homeless man and by the two neighbors…

Mignini: A person tells me that he saw her, he tells me that he saw what they did, he tells me the times, and he tells me things that no one has denied. If Mrs. Capezzali, Capezzali I think, relates what she heard and the thing is confirmed by another witness who lived below her and no one denies this. And that’s not all… there are two Calabrian girls who lived in [missing words], almost where the metal staircase ended, the one that was presumably used by one of the young people. These two girls as well say that they heard running. Therefore, there is the scream, heard by two people, the repeated footsteps that were heard, the scream and the footsteps that were heard by Capezzali and by these two Calabrian girls.

Whereas in Preston’s case there were the telephone calls that contradicted his statements. In that moment I had the telephone calls and if someone says something [missing words], this is contradicted by these telephone calls. I do not remember now in detail because I did not, I do not remember in detail these aspects but they were documented. In that case, I therefore had the elements to say: “you are telling me things which are not true”. In the other case, there were never any [contradictory elements]. The homeless man, the two Calabrian girls, Mrs. Capezzali and the teacher Monacchia were heard, they were subject to examination and cross-examination and they confirmed everything. This means that their statements became evidence, witness evidence. Whereas Preston made those statements that were contradicted by the intercepted telephone calls and I challenged those statements. It emerged immediately there, I objected, it’s very clear. There is no [missing word].

18’41’’ CNN: In your opinion, do you believe that Narducci was involved in the Monster of Florence murders?

18’50’’ Mignini: This matter was the subject of a criminal proceeding, proceeding number 1845 0821, which was dismissed, for those were investigated, due to lack of evidence [formula dubitativa] in the case of the murder and due to the statute of limitations for the other crimes. This means that the crimes had been committed, they had been attributed to certain people but too much time had gone by and the offences had become statute-barred. In this proceeding, the GIP fully sustained the Prosecutor’s (that was me) request, which was: the three fundamental points were that Narducci had been murdered because the autopsy that was performed demonstrated that there was a fracture of the left superior cornu of the thyroid cartilage which cannot be caused by accidental impacts but it can only be caused by a restricted, localized and increasing pressure because it is [in] a protected location and the medical examiner determined the cause of death to be strangulation; the GIP acknowledged that the body pulled out of the water, which had been officially established as being that of Narducci, was not Narducci after all; and that Narducci was involved, the GIP said, in the case of the double homicide murders of the couples. This order was appealed by Narducci’s relatives, not by his wife but by his relatives. However the Supreme Court of Cassation rejected the appeal as inadmissible. Therefore, the matter is now closed at this point.

20’48’’ CNN: Yes, but the question is if you think…

20’50’’ Mignini: It is what I maintained. I maintained it and the GIP acknowledged it. He accepted these aspects. Then, regarding the whole matter, since there is another pending proceeding, it will not add anything more. I will only say that this aspect was the subject of a proceeding in which I maintained these things and the GIP acknowledged them. He accepted the whole accusatorial framework [impianto accusatorio].

21’55’’ CNN: The body in the lake was not Narducci’s?

22’00’’ Mignini: let me explain. The coroner who performed the autopsy is Prof. Giovanni Pierucci of the University of Pavia, head of the Forensic Medicine department at the University of Pavia, and other consultants, among them Brigadier General Luciano Garofano, who determined, from different points of view, the following things: the corpse that was pulled out of the lake on October 13, 1985, was that of a person who was almost bald, size 60, which means that it was in a state of bloating decomposition, was wearing specific clothing and was in such a state that the coroner, before he opened the coffin, thought he would be in the presence of a corpse that could no longer be effectively examined. Conversely, once he opened the coffin, he found Narducci’s body, with thick hair and it was wearing size 48/small belted pants. Around the waist the body was in excellent cadaver condition. In particular, the encephalon did not contain any diatoms which would have been present in a drowning case.

Therefore, the consultant who performed the autopsy stated that this situation, the dimensions of the corpse, the different clothing and the different state of cadaver preservation, indicated that the correspondence between the corpse that had been at the time recovered from the lake, as described by witnesses, and Narducci’s body was at best uncertain. To further ascertain whether or not the body recovered from the lake was Narducci’s, an anthropometric examination was conducted by a Pavia Forensic Medicine assistant, Dr. Cristina Carlesi, and then by the Parma RIS Commander, General Garofano, at that time a colonel. [The examination] confirmed that the corpse [recovered from the lake] had dimensional characteristics that made it incompatible with Narducci’s body examined [rinvenuto] during the autopsy. These aspects have been subject to multiple tests.

25’39’’ CNN: Dr. Mignini, do you like a good conspiracy theory?

25’42’’ Mignini: AHA! Here comes the conspiracy… Listen, there is no conspiracy here, I do not know what that means. A size 60 person does not fit in a pair of size 48/small pants. There is no conspiracy here!

26’08’’ Mignini: There is not a conspiracy. This is reality. Fairy tales are another matter but this is reality. The reality is that one must examine the reality. Unfortunately, the reality is that when I started these investigations, which are different from the ones we discussed now, I did not have, I said: “let’s see what there is”. And the medical examiner told me these things. A corpse that has been under water for five days and that is in an advanced state of decomposition is in the emphysematous phase when it surfaces again which means that there is also abdominal bloating and a pair of size 48 pants cannot fit. And this one had hair, the other one did not. The point is that [missing words] if one drowns, you have diatoms but this one did not have any. And then there is the matter of the hyoid bone fracture… This is not a conspiracy. I do not know what you mean by conspiracy.

27’16’’ CNN: Or rather a very imaginative reconstruction, one says, sorry, let me be clearer: in English one uses a lot [missing words]

27’31’’ Mignini: Look, there would have been a conspiracy if I had led with this idea. But I did not start off with this idea. I took note of, I always say this, take note of what is reality, of what can be touched, of what can be seen. That is, I cannot make up reality. If reality tells me that that person is wearing a pair of size 48 pants and it is preserved in perfect condition, eh! Forensics tell us that there is something that does not make sense.

0’11” Mignini: Pardon, if I might add, it’s the exact opposite of what he said. It is exactly because I take notice of the outcomes, I don’t have a predetermined idea. And so I take notice of what is there. And so if they say, ‘Look, that can’t be so’, his wife tells me, ‘he was wearing other clothes when I saw him leave for the last time. I’ve never seen these clothes before that I can see here in the photo of the recovered body’. Ah, so there is no conspiracy, it’s reality and it needs to be taken note of.

1’03” CNN: You’ve never said that Meredith’s death was a satanic rite?

1’08” Mignini: I have never said that. I have never understood who has and continues to say that. I read, there was a reporter, – I don’t know his name, I mention it because I noticed it, – who continues to repeat this claim that, perhaps, knowing full well that it’s not like that. I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up. This is a conspiracy, a fantasy, to my detriment though, to my detriment. Simply a sexual act. And maybe I have always said, I maintained this in the first-instance trial, there was a relationship which deteriorated between the two girls. I’ve always maintained that. I’ll tell you this because…

2’54” CNN: The discussion of the news that came out yesterday, of the non-DNA that they found on the knife…

3’03” Mignini: Well, then I’ve said that I would prefer not to speak about the current phase of the case. Although I’ll tell you this, that when the tests were carried out by Forensics at the time, Forensics used, with cross-checking of the parties involved, all the genetic material present on the knife and the [bra-]clasp. That is, on the clasp there was a lot of it, so a part of it was used, but on the knife all the material that was there was used. It was an unrepeatable test, that exactly why it was unrepeatable [was] because all the material was used, because, taking all of it, a more reliable finding could be made, unable to be repeated. And so it came to be done with cross-checking of the parties involved. If this material was collected up three and a half years ago, what could have remained of this material? Nothing. The material on the clasp turned out then, I believe, to have deteriorated due to the presence of rust. And the rust could not have been prevented because, if one uses an anti-rust product, it would have burned the genetic material that remained. So I, I won’t enter into the merits of this discussion although, the test that was done at the time, was a definitive test, unrepeatable. The Court ruled that it was admissible to try and see if there was the possibility, to see if there were some material, some portion of material remaining. Probably there’s none left because it was used to do the tests at the time. That’s it. So it’s quite simple.

5’48’’ Help me to understand how is it possible that there was none found (DNA) in the room?

5’57’’ Mignini: How is it possible? It is possible, to begin with on the knife. The knife was in the room, means it was used. If the knife is the murder weapon, the knife was in the room. If that genetic material [is] like Dr. Stefanoni said, the genetic material of the victim on the blade and that of Amanda on the handle was in the room. The bra clasp contains the genetic material of Sollecito, and it was in the room. It was moved by one meter, because police can’t…. this can happen when there are so many items in these checks, but the bra clasp was in the room. There was genetic material of Sollecito there, of Rudy, and of the victim. So it is not true that there was no genetic material in the room, there was genetic material belonging to Sollecito, for example. And then if the knife is the murder weapon, as we found in the investigation process, the knife was on the scene of crime.

7’04’‘And then, anyway at one meter [distant] from the scene of the crime, in the corridor and in the small bathroom, there was: the mixed blood of Amanda… how is that possible? And so now I put the question to you, I return the question: how is it possible that there is mixed blood of Amanda, that mixed blood of Amanda and the victim was the small bathroom, which is very near, next to the murder room? That in the bathroom there is a footprint on the little mat dirty with blood, which is attributed to Sollecito? That in the corridor in front of the door of the crime room there are bloodied footprints attributed to Sollecito and Amanda? How is it possible to find these elements if they were not there? [That is a] question. I would like an answer from you but I’ll tell you.

Only a question – but I would like an answer to that – I ask you this:

08’52” Mignini: but that blood…., Amanda says that she did not see it on the night of the first; she saw it in the morning [of the 2nd] when she says she went into the room. How is it possible, if they stayed the night in Sollecito’s house, they spent the night in Sollecito’s house, that there can be mixed blood victim/Amanda in the little bathroom?

Sollecito’s blood-stained footprint on the bath mat? And the prints of Amanda and Sollecito in the corridor? Eh eh, we always come back to that?

09’42” Mignini: In any case, the law is not an exact science, as you can see, because it is capable of being appraised, the pieces of evidence are capable of being evaluated in various ways. The day there is a centralized computer, we will have fewer trials, we will feed the data into the computer and it will give an answer. Although it is clear that there are differing evaluations because the facts can be evaluated in different ways, the testifying, this happens in all trials.

10’40’’ CNN: is it possible for a prosecutor, who is facing problems on his own, to take this opportunity, of a so sensational case…

10’58’’ Mignini: I have not taken any opportunity, since that day I was [on duty] on my shift. We have a one-week long shift, so I have not taken this opportunity. I had been on duty since the previous Monday, and my shift would end on the following Monday, which was the 5th. I think, and since the crime was discovered on the 2nd it was me who had to intervene. Then if you tell me: how is it that there is a procedure of this type, in which there is an acquittal which I would like to be talked about, because, I notice, that nobody speaks about this acquittal. And instead the whole truth must be told, because [in] this procedure against us which, let me tell you the whole truth, this as a process is a bit strange, anyway there is an acquittal. A full acquittal of which no one has spoken. The conviction instead is temporary and is undergoing appeal.

Now, the Italian procedure provides that whenever there is a disciplinary proceeding against a magistrate, when disciplinary action would be, as in this case, merely related to a criminal proceeding, i.e., you have a criminal proceeding, there is automatically disciplinary procedure, the disciplinary procedure is suspended until the determination of the criminal proceeding. So, for one part there was a full acquittal, not “doubtful acquittal” [insufficient proof] but full, ascertained objectively. For another part there is an ongoing appeal, in which we have objected to the jurisdiction of the court of Florence. That is, the court of Florence shall not judge in this process because prosecutors in Florence were involved in the case in various ways. They could not deal with the proceeding in Florence because you can’t have a trial in your own home.

13’53’’ Mignini: after that I would like to add one more thing, if it helps. During the trial, I never [*avoided questioning], I have always undergone examination. That is, I said: ‘just put questions, I have no problem’. Because I have no problem about this case, I have done the investigations that were needed to be done. So, there was no attitude of intimidation, in the most absolute way, because, among other things, I explain to you, you can’t put pressure on a person by performing activities that will remain secret for that person, even a child understands this. Maybe my children [little girls], even the smaller ones would understand this. So I cannot intimidate a person if I try to put pressure on that person through an activity that the person knows nothing about; I am not intimidating anyone, you see, this thing is just unrealistic. Thus I never [*avoided] I have always undergone questioning and I have the utmost confidence in [*justice] because I always had the utmost confidence in the judiciary activity. I was always ready to undergo examination, I said ‘ask me what you want’, I have put all the acts at their disposal.

Those are investigations that require you to understand them, because they are complex investigations and a judicial authority that didn’t do these investigations won’t understand them. So much that I had a confirmation - now I won’t say much about this, I won’ explain in detail this aspect - I had a confirmation that, about this case that I dealt with, the magistrates who have dealt with did not grasp the range of it, and they assessed that these acts were acts unrelated to this case. I may add to this, since this is for the purpose of explaining the picture the Italian legal system [ .?. ]: ‘the crime of abuse of office’ [...] I’ve seen many times when they were explaining “convicted” [repeats “convict” in English] I think, of “abuse of power” [in English in text]. It is not abuse of power.

The “abuse of office” is a misdemeanor in Italy, that is, before the 1997 reform, it was a very indeterminate crime, and then one could even, giving a wrong interpretation, even configure a charge of this type. Today, in order to configure a charge of abuse of office, conditions are required such that the charge is unlikely to be configured because it requires a breach of the law in real time ... that is a law that has to be immediately “preceptive”, which means not a procedural violation, such as those that have been charged against me. This violation must have resulted in unjust harm as a direct result of that violation of the law. And the subject who committed the violation must have accomplished this action with willful malice. That is, they must have done it primarily in order to harm another person. But I cannot harm or intimidate someone by performing an activity that will remain unknown to the person. This I… it is just logic, not a matter of [ .?.]

18’16’’ CNN: Don’t you have even the slightest doubt that perhaps you accused two people who maybe are innocent?

18’32’’ Mignini: Look, I want to make you a [ .?. ], I want to be, I am very sincere, so, I’m very, very fair and very sincere when talking. I have the [.?. *certainty?], since I made some requests I had the absolute certainty that they were responsible. Thus, otherwise, if I had a doubt, this is my assessment, I would have asked for an acquittal with dubitative formula. I tell you another thing, though I was told this, I have not seen the movie, I do not know [if] this movie will be aired in Italy, about how is that one of the Life Time movie like… I was told that in that film the actor who plays me was smiling when Amanda was convicted. I was told that, I haven’t seen it, I don’t know if it’s true. Is it true, did you see it?

CNN: No.

Mignini: I was told that the actor smiles. I did not smile instead because it was a duty to make this request, but a judge who makes a request of conviction does not do it, let’s say, lightly, far from that. Because they are two young people whose families I can see and hence the suffering of these families. But I do it because it is my duty, I deemed to do it, so I did not have the slightest doubt. But it’s not true that I was happy. I mean that I was [not] like the actor that I was told about who smiles, because asking for the sentencing of two youths who could be my children, in short, is not something that makes you happy. This I would like to make it clear. That is I did it because I was sure, I did it but .... These are weighty matters. Because the judge who asks for a conviction does it with a, how to say it, a feeling of necessity It is a duty, but it’s not that one is happy about it. This is, I would like to make this clear. (...)

22’45’’ CNN: But at the same time, can you sleep at night thinking you did the right thing?

22’53’’ Mignini: I have a clear conscience, yes. You, I remember you were present when I made the request for conviction, the sentencing request, I have ... I explained it, it happened to me because I was the most senior judge, that was not the colleague, my colleague had carried out her work, her scope: the matter relating to genetic testing, cells phones, computer investigation. I had to do the investigative part, let’s say that by the event, the part dealing with the evidence collection. And then at the end I had to make the final request, I tell you, I have four daughters, so I know what it means, I am… I have a clear conscience because I asked, and I did, what I deemed [it had to] be done. I asked what I deemed and this is my assessment, I am ... who knows me knows that there is a way to persuade me: to convince me rationally. I am ... and those who know me know it, one who, when faced with a rational assessment, I often happened to concede that the person who has proven it to me was right. But I must be convinced. If I am not convinced, I am not convinced and I have my position. My position [is one] that I draw from the analysis of the elements, never by a preconceived or conspiracy-oriented assessment, anyway from the facts, from facts alone absolutely.

25’32’’ Mignini: I hope that, I do not know if it’s over, think it’s over, I hope that there was a [..?.. *question] ..., there is one, a lot of different views, including the interpretation of events that occurred, that are very different. I tried, I didn’t have means because the judge is not allowed to speak much, and not much freely. I had read many times, I also received messages that were not exactly pleasant. Then also I read a lot of things that were totally unfounded and I hope I made a contribution. That means, you can have different opinions. I [think]… Sure, you can have different opinions, I, as the magistrate who works as a prosecutor; it was me in the investigation at the first instance trial and now as an assistant on appeal. You can have different opinions, I respect opinions but I expect that you do not put into question the good faith and intellectual honesty of the investigators, because there are no [*prejudices? reasons?] towards those young people who were totally unknown.

We did what we deemed [was right] doing, what we found, which one may not subscribe to. I respect all opinions, but the ones who were responsible for conducting the investigation and supporting what is called the accusation, that anyway, let’s repeat it, is not an accusation but an organ of justice, [those ones] are us. And we took the responsibility for doing what we asked for. There is a colleague who worked with me, she was very useful because she helped me on some issues, from a biological standpoint, she is a colleague with whom we work together in the executive council of the National Association of Magistrates. So I hope that, I don’t know, but I wish, just hope, that at least I have been able to help in clarifying [the matter]. That is, that at least something could be said [missing words] that is not exactly what we thought. This is what I would like, at least I hope.

Posted on 05/24/11 at 07:48 AM by Skeptical Bystander. Click screenname for a list of all main posts, at top left.
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Sunday, May 22, 2011

Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #2

Posted by Skeptical Bystander

The previous post is here.

CNN’s report is downloadable here. Our contexting and the first hour are posted here..  Final post Tuesday. Our translators were PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

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

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

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

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

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

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

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

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

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

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

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

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

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

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

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

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

11’03’’ CNN: No one hit her?

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

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

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

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

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

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

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

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

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

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

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

18’44’’ CNN: Do you think Amanda Knox is bad?

18’46’’ Mignini: Look, by the way we did make some personality assessments, we usually do make them, but they are only for investigative purposes. About Amanda I can tell you that she is a very, extremely intelligent girl, I always said so, about being bad, I don’t .... I wouldn’t, I couldn’t say anything. It seems to me that going beyond this would be a personal judgment, devoid of significance. What is important is the fact, what is important is why an event takes place which is a crime, a crime accomplished without premeditation. So I don’t… any… I mean, I don’t want to do it, I don’t think it would be right to say that someone is good or bad, absolutely not.

20’09’’ This means the assessments that we did make were made only in order to ascertain responsibility, but what someone’s personality is, the personality of the accused, that deserves great respect and we don’t, the evaluations that we do we only make them to ascertain responsibility and then for the sentencing. At that stage in fact the personality of the criminal is taken into account, for the purpose of establishing penalty, in Italian law, but we did that in the request for a guilty verdict. There, there was one element that has some relevance to the psychological aspect; it was the fact that a crime was alleged that was committed for futile motives, which is an aggravating circumstance. And we did hold that this was an aggravating circumstance, but it was only for this purpose that we made personality assessments, not for any other purpose.

21’26’’ During the investigation, I heard them being made, and I read articles, they kept attributing judgments to the investigators that were never made; certainly I never made judgments like that. I have the greatest respect for the persons of the accused.

22’30’’ CNN: The accusation [Translator’s note:  non-grammatical question] is like: once it was proven that Lumumba was basically a lie of Amanda’s, you should have started again from scratch. Once all the DNA evidence of Rudy Guede came out, you should have said we’ve found the culprit, because of the fact that there just wasn’t any trace at all inside the room, and then, according to the defense, the defense says that you became fixated on Amanda and Raffaele, almost obsessional.

23’19’’ Mignini: No, absolutely not. I did what I did and now I’m talking about the past, about what the investigation showed, about what happened at the first instance trial, because I am, I was and I am, I did what I did because I’m convinced, on the basis of the evidence collected, that they were responsible, in the most absolute way. There isn’t…how was Rudy involved? Rudy was one element, but the crime, I repeating, one can’t say any longer that this crime was committed by a single person. Now we have a judgment from the Court of Cassation, the Supreme Court, saying this crime was committed by Rudy together with other people, and it then indicates, by confirming the verdict and sentence of the Court of Appeal which condemned Rudy, that it is incidentally speaking of Amanda and Raffaele. So from now on, this crime must be seen as having been committed by more than one person, one of whom is Rudy.

24’36’’ So what has been assessed was held, I want this to be clear, precisely for the purpose of reconstructing the facts: I am called[C1] , I issue the warrant of arrest, for the arrest of Amanda, Sollecito and Lumumba, it goes in front of the Judge for the Preliminary Investigations who rules on the grounds of the warrant for arrest, so there’s a request to validate the arrest and permit a precautionary measure; the judge for the preliminary investigation validated the arrest and allowed the precautionary measure. Then Lumumba was removed from the picture because we conducted our investigation and saw that he wasn’t involved, so he was out. So, when we had collected the elements that convinced us, me in particular since I was the one who made the request, the archiving request, first his release and then the archiving of the proceeding against him.

25’37’’ If that had been, but I don’t accept that attribution, there isn’t any, there isn’t any [missing word?]. If the magistrate, if that attribution were true, having started with Lumumba I would have had to continue with Lumumba. But in fact, it isn’t that way because Lumumba had nothing to do with it. So, the precautionary measure was challenged before the re-examining tribunal, where three judges preside for each of the accused. On the order of the re-examining tribunal, Sollecito, Rudy and Amanda appealed the precautionary measure to the court of Cassation, but the court of Cassation confirmed it [Translator’s note: i.e., denied the appeal]. The measure was also taken for Rudy, and the court of Cassation confirmed it.

Then there was the judge of the preliminary hearing who sent the case to trial, condemned Rudy, rejected a request to revoke the measure, and finally the first instance trial ended with a guilty verdict. Here, eight judges, i.e., two magistrates [giudici togati] and six lay judges, recognized that the accusations were well-founded. So, when there are elements that had to be archived, we did request that they be archived. So there is no such attitude [Translator’s note: i.e., obsession], absolutely not. This is what I can [do?]. If there were, if there were some true or even just credible elements, because I would need something like that, which hypothetically could prove that they had nothing to do with the crime, I would take account of it and would act accordingly, I would have acted accordingly. In the most absolute way.

27’48’’ I’ll tell you what happened, and please believe me, because around this event there have been a lot of things which are unfounded, to say the least. According to me, intellectual honesty is the main quality in a magistrate.

29’53’’ CNN: Is Antonio Curatolo a trustworthy witness?

29’59’’ Mignini: But the witness takes an oath and assumes his responsibility, if he says something false then he is committing the crime of perjury and calumny, at the limit, if he’s explicitly accusing an innocent person of a crime, so in our, in Italian law, the witness is considered to be trustworthy, authentic, until the point at which you can’t prove he said something false. Unfortunately, however, or fortunately, we don’t know, the person who was in the piazza, who has lived in that piazza for ten years, at least ten years, who knew everything about that piazza, was this homeless guy. So the homeless guy is a bum so that’s no good. But that’s not right, he’s a witness like the others. The woman what’s her name, the witness who lived there, near the house, the one who heard the scream, is a totally credible person, a very normal lady who told what she had heard coherently. The school teacher, the one who lived nearby, is a totally credible, trustworthy witness.

With witnesses, it’s not that we can choose their testimony. Witnesses are the people who are, by chance, able to give some indications. And for that matter, Curatolo is someone who actually lived there, and his declarations are altogether pretty credible, and confirmed by other people. Other witnesses were also heard, who were, I don’t know, for example Gioffredi, a perfectly normal person. So I don’t see…basically, it’s the testimony of a perfectly normal person which has to be weighed according to what it says, and its coherence with a reconstruction [of the events, translator’s note], and we have to believe it unless it’s proven wrong.

32’26’’ Because if he says that he saw something, he exposes himself, he’s under oath so he exposes himself to an accusation of perjury if he’s not telling the truth, so we have to believe him. Otherwise justice, without witnesses…it’s not as though we had a film of the crime, if only that could be the case.

33’30’’ CNN: Was Toto being investigated [sotto inchiesta] when he gave his testimony?

33’42’’ Look, I know that at the moment in which he gave it, I believe that there were some lawsuits against him, but in the stage of appeal, I think he had been condemned but was appealing, so, then later the sentence became definitive, but he gave his testimony when the sentence wasn’t definitive yet. I don’t know, those are details that I wouldn’t know about exactly…but I know for certain that the sentence was not definitive, so was still being contested.

34’34’’ CNN: Did Toto give his testimony hoping to obtain some kind of favor?

34’36’’ Mignini: Non, there was no favor, absolutely no favor. This didn’t happen…the witness presented himself and made his declarations, that’s all. We took note of them, because they were relevant declarations.

35’17’’ CNN: So, you believed the testimony of a heroin-addict bum?

35’25’’ Mignini: Well, on let’s say the legal position of this person, I have nothing to say because he was judged for something different, for a true and totally different fact, having nothing to do with the present one. For this one, he was a witness. And it’s true that it’s completely different in that he was heard as a witness, with no lawyer. If it had been a related fact, he would have had to be assisted by a lawyer and he would have had the choice to abstain from making declarations. But for this event, he is a plain and simple witness. Then, also, I wouldn’t want to, because the witness, it’s not that we ask the witness if he has a previous record, previous condemnations. We can ask that to the accused, to the accused, amongst the other questions that we ask the accused, we ask him if he has a previous record, but we don’t ask witnesses this question, except during the defense’s investigations. This is the…so he’s just a witness who made declarations. His declarations have remained quite, rather credible.

There’s also for example the fact that, well, take for example the rain. Curatolo remembers that the evening during which he saw the two young people, it wasn’t raining, and it’s true that on the evening of the crime it wasn’t raining. Vice versa, and they say this, also other witnesses say this, on the previous night, only in the town of Perugia, there was a limited weather phenomenon; in the late afternoon of October 31, it rained. And even I remember that, because I remember that the street was wet. So, this is to say that this is a detail which was confirmed by…there. I’m giving an example to tell you that also a person who has a criminal record…and then, one would have to go see all the witnesses who were heard at the first degree trial, all of them, to see if they had them. We don’t do it because it isn’t relevant.

38’45’’ CNN: From the response of the bum, I assume that you took the responses of the two ladies as valid, and never went to check in their apartments if it was possible to hear footsteps with the shutters closed.

39’04’’ Mignini: So, the question of Curatolo is one thing, the declaration of Mrs. Capezzali, what’s her name, I think Capezzali, is something else. You say, she’s quite an elderly woman, she said she heard a scream, the scream that… She lives, I don’t know if you know the area, but, I don’t think you know it, she lives above the garage and looks over the house on via della Pergola, where there’s a kind of, something like an amphitheater. So the sounds coming from below can be heard with particular clarity and she heard the scream perfectly. She said so. And that same scream was heard by a very young teacher who lives lower down, in a street in the direction of, towards, let’s say towards via Pinturicchio. And around the same time, she also heard a scream like that. Then she went down to her parents who were in a different part of the house and they said they hadn’t heard anything.

40’26’’ CNN: He wants to know if you went to the house.

40’28’’ Mignini: Did I go? I have taken note of this witness’s statement and also of the other and, being two statements from persons who had no reason to lie and being these statements entirely credible since they are very similar to each other, the houses are very close to Via della Pergola, this statement was deemed fully reliable. There was then a request for an expert opinion, now I will not go into the merits of the trial events, but this thing was assessed during the investigation, by the Gup, and by the Assize Court that heard this person, who was cross-examined, she said, she repeated what she said. An absolutely believable person, who obviously [missing words]...further, as here [missing words]…an experiment on the possibility of hearing was not done. We are, we took note of the fact that she told about this, about the scream that she heard. She confirmed it, she gave her, her, we say word, that she took an oath in court, to have heard this scream.

The same thing was said by another witness. What should we have done? Have an expert [perizia] ascertain, under different, not repeatable conditions, that which was heard at the time? The witness said what she heard. And, then, neither I nor the Court of Assizes considered submitting [missing words]. The Assize Court decided instead to do something very important. And this is a detail which I consider [missing words]. When I inspected the house on Via della Pergola, which in my opinion was a very important initiative, very crucial for the decision. That is, that was an opportunity to make an inspection to see that house as it was, how was this window through which this unknown subject would have climbed, which then would have been Rudy. And the court was aware that this reconstruction was, in my opinion, unlikely.

43’35’’ CNN: Would it have been easy to conduct [fare] the experiment?

43’38’’ Mignini: But let’s say if a person has made these statements and it was this way. Because, you see, I’ve listened to this person, she was recorded, among other things, she was cross-examined during the trial. She was very precise. She said that she constantly used to hear, even during other nights, that she used to hear the noises of the youngsters who made quite a noise in the garage, in the parking lot. So. ... These things, these noises, she was used to hearing them. She stated this. There was no reason, she did not know the victim, she did not know the accused, what reason could she have had to [missing words]?

44’44’’ CNN: not that she lied but this is a fundamental question for your work. Is your job finding the truth and solving the problem or is it following your intuition and trying to incriminate the first person you find suspicious?

45’16’’ Mignini: Well this is, in the Italian legal system, the prosecutor is not a lawyer for the accusation. He/she is an organ of the judiciary who must also seek evidence in favor of the suspect. Which we have done, particularly in the case of Lumumba. And all the people, all the witnesses who were suggested by the accused, were heard in cross-examination. A very long preliminary investigation was made, extremely thorough, verifications of all kinds were made, [including] verifications on the phone cells. I have not spoken of the phone cells, for example, but that is another point that showed people’s movements, people’s location, that were confirming the accusatory hypothesis, as we say. So, [after] all these evaluations, the prosecutor, made a few requests. I did nothing. I made an order of detention, I asked for [its] confirmation. Then the judges had to confirm everything. And the Preliminary Hearing judge should have considered, he would have had to, if there had been any grounds of non-credibility of witnesses, they should have been pointed out, they should have highlighted this. But the Preliminary Hearing judge evaluated the indictment request, I asked for an indictment but is was the GUP Micheli who [actually] indicted the defendants.

There was the trial before the Assize Court, which took place, it was a proceeding that lasted a year, a trial that lasted a year, during which the case was examined thoroughly from every possible angle and therefore this is the [missing words]. The magistrate, the prosecutor has an obligation, let’s say, in the current legal system, to seek, he is an impartial body, that has the obligation to seek the truth and if new elements emerge which make [a person] appear to be credible, which make a person appear to be unrelated to a crime, [then the prosecutor] has the obligation to request that all charges be dropped or, if during the trial, [to ask for an] acquittal. I myself have come across many times, during a trial, in light of witnesses, new witnesses, who were produced again in other cases, I asked for an acquittal. Anyone who knows me knows that this has occurred many times. But in this case I had, let’s say, during the investigation phase and during the trial, I made, we made our requests, we explained them, we justified them, and the court gave, acknowledged the validity of this case. Then there is an instance of appeal. There is the appellate level. Now, I will not discuss this because it is on-going.

49’11’’ Mignini: The phone call, for example, another thing that had a considerable influence on the investigation was the phone call that Amanda had with her mother in the middle of the night in Seattle, even before [the body] was discovered. This is another element that comes to mind, even before the body was found.

49’52’’ There is a call that is made in an hour, now I do not remember, it was I think, I do not remember exactly, I think it was 3 AM in Seattle, I think.

50’58’’ CNN: In 2006, you were found [missing words], let’s move on now to the other case, the prosecutor of Florence said that you would do anything to defend yourself in front of those who criticize the way you investigate…

51’43’’ Mignini: Well, I will not comment on this statement, I do not know when it was made. The proceeding that this person brought against me and Dr. Giuttari, ended in part with a full acquittal because no crimes had taken place [i fatti non sussistono], for one part. And this is a final acquittal because the prosecution did not appeal. So, this part of the allegations that were made, which were formulated, which was the most important part and led to the searches in the offices of the prosecution and also in Giuttari’s police offices, this part has totally collapsed. A search was carried out, a seizure was made, which had already been annulled by a court in Florence.

Then the court of Florence acquitted us because no crimes had been committed, with a full acquittal. And this acquittal is final. A part of the charges formulated against us remains, that I honestly find hard to understand, because they say [si dice], we were accused of having carried out investigations that had no relevance according to the theory [impostazione] of the Florence prosecutor’s office, I make this distinction, they had no bearing on the investigation we were conducting. I say that they had a full relevance and among these files there were interceptions that were all authorized by the competent magistrate. So this conviction was based on alleged offences [ipotesi di reato] to which we object, we have appealed, objecting to the jurisdiction of the prosecutor of Florence that conducted a trial although magistrates from the very same Florence Public Prosecutor’s office were involved in this very trial. And this cannot be done.

54’26’’ Because when there is a magistrate who is involved for different reasons in a matter, the trial must be moved [to another city]. So, if there is a magistrate from Perugia, the trial is moved [si va] to Florence, but if there is a magistrate from Florence, one goes to Genoa. And if there is a magistrate from Genoa involved as the offended party, as it was in this case, you go to Turin. And this is not what they did in Florence. We have objected to the jurisdiction of the Court of Florence for the violation of article 11 of the c.p.p. and if this jurisdiction should be recognized, everything comes to be nullified, and everything goes to Turin.

55’14’’ In addition there are other aspects that I do not wish to, well, you asked me the question about Preston, then I spoke, and I would like a moment

56’05’’ Mignini: Then I would add one thing, listen well to this. If I want to do something intimidating, meaning that I want to do an investigation that has an intimidating purpose [carattere] against a person because that person speaks against [me], no? If I want to do an act of intimidation, I have to do an act which that person feels, that that person understands, knows, perceives. I must, hypothetically, carry out a search, make a seizure, do an inspection ... Instead, I performed [faccio] a wiretap that was secret, I heard a witness who remained secret. How can I intimidate a person if I carry out an investigation that remains secret? Because the investigation must be secret. This activity is not like a search that is immediately known by the person. If I want to intimidate a person do you think that I carry out an investigation that remains secret? And how can I intimidate him? It’s a contradiction in terms. So someone will have to explain to me the meaning of this accusation.

57’32’’ The problem is that at the origin of these proceedings there was [missing words], I do not mean the whole Florence Prosecutor’s office with which I have very good relations. I’m talking about a time when [missing words] I talk about a conflict between offices, a conflict that has ended up in front of the Supreme Court Prosecutor General’s Office because the Prosecutor General of Florence. That is, the Florence Prosecutor’s Office wanted us to hand over to them a case we had,  the one regarding the death of doctor Narducci. We said no, the competence is ours. The prosecutor general of the Supreme Court, Dr. Febbraio, on July 29, 2005, agreed with Perugia.

So at the origin of this matter there is a conflict of jurisdiction and there is an indictment brought by us, I would like to make this clear, the Perugia Prosecutor’s Office had indicted the Florence Chief Prosecutor at that time, and this proceeding, at the origin of this proceeding, there is this fact. And this person also filed a civil lawsuit against me and Dr. Giuttari. This is the ... there is a contrast between offices, there was.

The next post is here.

Posted on 05/22/11 at 12:06 PM by Skeptical Bystander. Click screenname for a list of all main posts, at top left.
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Thursday, May 19, 2011

Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #1

Posted by Skeptical Bystander

Introduction: Judgment and credibility

Candace Dempsey recently claimed that viewers would be able to “judge the credibility of Mignini […] when CNN airs Murder Abroad: The Amanda Knox Story”. In support of her claim, Dempsey provided an excerpt of the interview at end of her reader blog entry of May 6, 2011.

Viewers who managed to sit through the Drew Griffin/Doug Preston/CNN treatment of the Meredith Kercher case saw bits and pieces of what CNN risibly tried to pass off as an exclusive: access to one of the prosecutors, Giuliano Mignini, who indeed agreed to answer questions. What CNN failed to mention was that Mignini was actually interviewed for two-plus hours, and that he answered Mr. Griffin’s questions openly and without hesitation, not knowing that his answers would be severely and ruthlessly edited and cherry-picked to reflect something very different from what he actually said.

Not only did CNN fail to reveal this fact, Drew Griffin actually said (according to Dempsey) that “Mignini doesn’t really answer questions,” adding that Mignini “…talks and talks, going round and round and returning to certain things. I had to keep bringing him back to the evidence, to what’s actually being presented in court.”

This post and the next two to follow contain the original Italian transcript, authored by Turner Broadcasting and apparently then transcribed by a human being or by software (perhaps CNN will clarify). Whichever it was, the resulting document, which we obtained in the form of a word file, was clearly not subsequently corrected for errors, as readers of Italian will see. Presumably, the “three different interpreters” who “looked at Mignini’s interview to make sure that he was quoted correctly” did not read this transcript version of the interview.

Perhaps CNN can be persuaded to clarify the process or even to provide the actual audio and/or video of the interview. In the meantime, our translators demanded that we issue this translation with a giant red flag to signal that the transcript authored by Turner Broadcasting does not appear to be in complete and correct Italian. There are missing words, repeated words, and clearly wrong words. This may be because it was compiled by a non-native speaker. Again, only the folks at CNN can shed light on the process.

As you read the transcript or the translation of it, which was done by a team of volunteers (PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip), it is important to keep this in mind.

Also keep in mind that, according to Dempsey (based either on what Griffin told her or the cherry-picked interview snippets in the CNN program; perhaps Dempsey will clarify) “…instead of talking about hard evidence, Mignini kept returning to Amanda’s odd behavior; her relationship with Raffaele Sollecito, her Italian ex-boyfriend; and even her eyes (which, since they are blue, the Italian press called “icicle eyes”)”.

Griffin to Dempsey: “He truly believes she was the criminal mastermind behind the murder and that Raffaele was infatuated and under her spell.”

More Griffin to Dempsey: “Prosecutor Giuliano Miginini [sic] is, in my opinion, a rambling, confused individual.” (Drew Griffin to Candace Dempsey).

Dempsey:  “Griffin was surprised by Mignini’s willingness to say all sorts of things about Amanda that were not part of the trial.”

Griffin: “The kind of things that, if a prosecutor came to court in the U.S. and put before a judge, would get his whole case thrown out.”

And don’t forget what Candace Dempsey told potential viewers: that they would be able to make their own judgment calls when the documentary aired on Sunday, May 8, 2011.

We beg to differ. We think that the viewers will have a much better basis on which to make a judgment call if they take the time to read the complete transcript and/or our translation of it. Then ask yourselves these questions:

Is Prosecutor Mignini evasive?

Does he give unclear responses?

Does he ramble?

Does he seem confused?

Compare the full interview with what viewers were shown. Then make your judgment call. Like us, you might be more tempted to make one about the people who did the cherry-picking, the packaging and the publicity for this hatchet job.

The remaining hour and a half will be posted in two more posts, one after saturday’s appeal session report, and one after the weekend.

First hour of the interview

4’09’’ CNN: There have been many stories about this crime, about what people think happened. What do you think really happened?

4’20’’ Mignini: Well, I am a magistrate for the Public Prosecutor’s Office who found himself ... I was on duty at the time and thus I happened to be dealing with this matter randomly. For me it is a criminal proceeding that I dealt with, and I am currently working on it today at the appeal level.

4’49’’ What happened was that a crime was committed for which we conducted an investigation in the best way considering the situation. And there was a trial which, in the first instance, resulted in conviction with full acknowledgement of the theory of the Public Prosecutor’s Office. I know there have been books, there were also films on the subject, but this is something for which I have limited interest. My job is to be a prosecutor for the Public Prosecutor’s Office who dealt with this case. I am interested in it from this point of view, nothing else.

6’30’’ CNN: But exactly how was the crime like, what you and your assistants, I do not say [missing words: *what happened?] ... but [what] you understood, who are the murderers, and the reason for this murder?

6’46’’ Mignini: I can tell you our impression when I arrived on the scene. I arrived basically, I believe, I think around 2:30 p.m. on Nov. 2, and I found myself facing a crime that obviously looked like - this is the impression I got in the first place and it was subsequently confirmed by the investigations and the proceeding - a murder of a sexual nature, in which there was this girl who was undressed or nearly so, a young woman who was covered with this, with this quilt. And the other thing which struck us, which was of immediate interest, I said this on other occasions and I repeat it because I’ve said it also at the first trial, was the break-in. And it appeared immediately – the climbing, the simulation of climbing, with a stone thrown through the window, through two shutters that were there, that left open quite a narrow space, rather limited room between them – immediately that appeared to us to be a simulation.

8’38’’ So there was this crime of a sexual nature and a simulated burglary. That is, the perpetrators or perpetrator, at that moment we were making a preliminary assessment, was someone who attempted, that appeared to be the situation to us, he had attempted [missing words] So that appeared to be the situation, an investigation of unknown persons; whereas instead the house, the house door was completely intact, there had not been a been a breaking open, and this made us think, then, as the investigations progressed, because as investigations go, by approximation you slowly get closer to it, to the ascertaining of the facts, it was, we thought it was someone who knew the victim and had an interest in orienting the investigation toward strangers.

09’44’’ Then the investigation went on. There were other important issues ... [missing word: *facts?] that have occurred [missing words]; they remained as key aspects of ... of what is called the basis of the charge. Which, by the way, for us is not the side of the accusation; we are an office that also has the task of ascertaining facts in favor of the suspect during the investigation.

10’19’’ What struck us besides the issue of the simulation was a series of endless contradictions, of inconsistencies, in the story of the two young people, the two young people who later became suspects and then defendants. And then, in particular, the calunnia [false accusation], then, what turned out to be such, a false accusation, made by the accused against her employer, a black man, Lumumba, Patrick D. Lumumba.

10’53” Here it is, this is it. Then, the elements of which there is much talk today, the elements which consist of forensic evidence, there was also evidence. There are the fingerprints, the [foot] prints, the phone cell records. These elements are ..., especially the forensics, they arose at a later time. This means, from the beginning what oriented the investigations toward these people, and later toward the black subject, Rudy, Rudy Herman Guede, who ... [missing word?] they were, that of Herman Guede was identified through the forensic material that was found.

The two youths were, let’s say they became objects of…[missing words?] the perpetrators of the murder, based on the findings that emerged at the beginning of the investigation, namely the simulation, the contradictions found especially in Amanda’s story, especially when she tells of having spent some time in the house, having taken a shower, in spite of everything. And then the call, the behavior that they maintained, especially the girl, upon the arrival of the postal police. And then the accusation, which was obviously a false accusation against Lumumba. So all these factors then they have, they led to the formulation of these accusations against them, which were later substantiated by the results of forensic tests, scientific evidence, were made by the scientific police, that is, the scientific police, which is that at the top of the national scientific police, which operates directly under the department of Public Security of the Ministry of the Interior. We also had the local scientific police, but the one which operated was the scientific police placed under the command of Public Safety, thus at the central level.

16’34’’ CNN: Before there was the evidence from the forensic police, did you arrive at your conclusions with respect to Amanda Knox by instinct?

17’00’’ Mignini: The scientific elements were coming in, as I recall, they were coming in gradually. Now, I would not be able to tell you [missing words] ... I think, for example, that the issue of the knife, and then the sample, the genetic profile of the victim on the blade and the genetic profile of the defendant on a spot where the handle of the knife is close to the insertion of the blade, I think that was entered quite later compared to the initial investigation. But in fact the order of detention, ... which I ... which is the act by which, under which the two young people and, at the time, also Lumumba who was later released, were taken to the house of preventive detention, that is in prison. In this detention order, there was no mention of any DNA analysis [indagini genetiche], obviously.

18’08’’ There is, in the detention order and in the hearing before the Judge of the Preliminary Investigation [GIP] on the validity of the detention and then in the first months, the first weeks of investigation, that is our belief, mine and the flying squad, that the behavior of two young people and in particular, this actually is [missing words]... it was a detail that was even more obvious regarding Amanda, [we thought] was such that the two were considered involved in the crime. Thus before that, it was an initial assessment of those elements that we had at the beginning to orient the investigation toward them. Then confirmations came. And there were many elements of corroboration at the end; they were very significant, very numerous. But at the beginning we had these elements, again, in particular the issue of simulation.

20’13’’ CNN: And what was the proof, because from what we understand the scientific evidence does not point to them ... the two of them?

20’25’’ Mignini: Well, then: so now I,  to list all the evidence [elementi] that was found, it would be [missing words] on the other hand they have been mentioned in the First Instance sentence report by the Court of Assize. Mmm, then ...

20’50’’ The issue of the simulation ... The issue of the simulation, in that house just in those days, i.e. 1, 2 November, the second was a Friday, the third was a Saturday, the fourth was a Sunday, on that weekend in 2007 there was only Meredith and Amanda in the house in Via della Pergola. Since the two Italian girls were away from home: Filomena Romanelli was with her boyfriend in another part of town, she was staying there overnight, while Laura Mezzetti was in the province of Viterbo.

21’36’’ So in the house that night there was only Amanda and the victim. Amanda said she was in Sollecito’s house, which is actually a five-minute walk from the house of Meredith. Because of the distance, we must take into account the distance, you shall go to see these places, you see that the distances are very short, very limited. So who might have an interest in simulating intrusion by a stranger? Only a person who might be worried about being implicated in the crime.

There was no sign of forced entry through the front door, so this is an extremely significant element. Then we have again the inconsistencies that can be detected in the statements. There is the fact, then during the investigation the homeless man, the homeless man came in, who very precisely identified the two young people, he said he saw the two basically the night between the 1st and 2nd, a few meters from the house where the crime happened, in which it was committed, presumably at a time compatible with the crime. While instead the two young people stated they had remained all the time at Raffaele’s home. There is another detail which at the beginning of the investigation [was] something that has, let’s say, intensified the elements for us; it was the fact that Raffaele at the beginning had attempted, let’s say he attempted to state that he stayed at home while Amanda had been out and she returned to Raffaele’s house I think at about two a.m.

Then this approach has been kept by Raffaele during the hearing for validation of arrest, and afterwards was abandoned as Sollecito’s defense line became more, let’s say, supportive of Amanda. But at an earlier stage Raffaele stated this position of separation between the two.

Then other elements are given by the fact, were given by the fact that the homeless man saw them on the night of the crime in a location a few steps, a few meters away from the crime and at a time shortly before the murder occurred.

There is a statement of the neighbor lady who lived nearby, who heard a scream at a time compatible with that specified, with what we thought could be the time of death of Meredith, that is between 23.30 and midnight. And this, this lady, heard footsteps, there is a whole description that now I will not repeat because it has been explained ... rather, it was described at length in the first trial, she heard the footsteps of some people who are moving, running, along the clear ground facing the house of the crime, others were running up the stairs, almost simultaneously, running on the metal stairs which are above the garage and basically end up in via Pinturicchio. I do not know if you are familiar with the city of Perugia, but I guess not. So this scream the lady heard, a terrible scream and also another neighbor heard it, at a consistent time, I repeat, and this simultaneous running of subjects on opposite sides, from different, distant areas, basically corroborated the fact that there were multiple murderers.

26’09’’ Rudy himself, in his questioning has, while remaining vague, more or less vague with respect to Sollecito, however later during the various interviews he more or less indicated quite clearly that Amanda was present.
Then [we had] the questioning, then there were questionings that were done. I remember one of them, that of Amanda in prison which was an interrogation that has made me… you asked what elements did I use to let’s say support the charge, saying in quotes the prosecution, there was also an interrogation in prison, Amanda, in inverted commas let’s say the accusation in the presence of the defense attorneys of course, and which confirmed the profound shock in which she always fell every time she had to tell what happened that night.

And then there were the results… well, fingerprints ... footprints, the footprints on the rug of the bare foot stained with blood, an especially important detail which I see many have not talked about but which is extremely important, is the mixed stains of blood in the small bathroom close the scene of crime, those of the defendant and the victim.

31’00’’ CNN: In the room [missing words]

31’05’’ Mignini: But let’s say I may reverse the issue: how do you explain the DNA, the genetic profile of the victim on the knife found in Sollecito’s house, together with the genetic profile of the defendant located at the area of the blade [possibly meaning: handle] where force is applied, not where you cut…

31’40’’ CNN: Are you sure that one was the knife?

31’44’’ Mignini: That it was for us, I can say this: first you have to start from a premise: Amanda and Sollecito knew each other only since October 25. That is, we think, because this detail is very significant with respect to the relevance of this finding, since we [may just] think it was a relationship, usually we don’t think of the fact that actually they had known each other for a week. And thus this knife was never touched in conditions ... I tell you what we found in the investigation, I am talking about what we ascertained during the investigation - this knife was never touched by Meredith under normal circumstances. It was never brought to Meredith’s home, this is what the two Italian housemates say, and so why, [since] Meredith had never been to Sollecito’s house, why was Meredith’s genetic material found on the blade by the forensic police, and the genetic profile of the defendant on the spot of the handle that is where the hand would press not as you apply pressure from top down, but from back to the front, that is in a condition similar to that when you strike a blow, like this. So this…

And I have… during the first trial I tried to show very clearly that this knife, the witness, the inspector I think whose name was Armando Finzi, he’s the one who conducted the search at Sollecito’s and found this knife. And I asked: did you put on your gloves at the time, was it the first pair of gloves you were using, in that search that was the first pair of gloves, he went [there], he started the inspection, he had not touched anything else, he opened the… the cupboard where this knife was. I do not remember if he took away several, but he picked up this knife that was immediately - and thus with the gloves that he was wearing in that moment – it was immediately closed and sealed, was brought to the flying squad, where another police officer, the superintendent, I think, Gubbiotti, using the same technique, put it into a sealed container which was then carried to… was then analyzed. So this was, let’s say because I wanted this to be highlighted and I think the Assize Court says so, I wanted to show that there was no possibility of contamination by the police, by the flying squad, with regard to this item.

35’04’’ Also because, I would like this to be noted, from the perspective of Italian law, evidence of contamination must be given by the person who invokes it. This means: I found the genetic profile, you as defense attorney say ‘there could be contamination’, you must prove it. That is, the burden of proof is reversed: it is you, the one who invokes the contamination, the one who has to give evidence of it. And this evidence was never given and cannot, I think, it cannot be given. That is, the one who claims a fact must prove it, onus probandi incumbit ei qui dicit, non ei qui negat. [Translator’s note: This sentence was spoken in Latin and translates as “the burden of proof is on those who assert something, not on those who deny it”.]

36’50’’ CNN: Was it certain the genetic material was that of Meredith, and not genetic material that might be consistent with that of Meredith?

37’01’’ Mignini: No, no, it was like that. It was ascertained as such by the scientific police.

37 ‘20’’ CNN: So your detectives went into the apartment ...

37’28’’ Mignini: No, the knife was collected, then it was brought to the scientific police, it was sent to the scientific police in Rome.

37’ 40’’ CNN: Yes but your detectives entered the apartment and they selected right this very knife…

37’49’’ Mignini: I believe samples were taken from several, that is, not only that particular knife. I think, if I’m not mistaken. I think more knives were tested; however, one of those was definitely exhibit 36, the famous exhibit 36. And on this exhibit is where [a sample] was recovered from, and here it’s the scientific police that did the evaluation of that evidence and I retain, I digress. About [case] aspects, at the end of the investigation phase I asked, given the complexity of the case, the resonance of the case, I felt it was appropriate to have a colleague join me, a deputy [public prosecutor] like myself. Let me clarify, I’m not the chief prosecutor; I am a deputy prosecutor, since I’ve been presented as the chief prosecutor, but I am not the chief prosecutor. Then I requested the assistance of a colleague, Manuela Comodi, and we divided up the tasks. She has remarkable aptitude for these aspects of a genetic nature.

And so in this regard, I don’t know if you notice it in the first instance trial, my colleague did the questioning regarding the genetic aspects. I instead handled the more generic aspects of the case and aspects of a more investigative nature. This is why I remember all the details of the investigation, because I carried out the investigations of people. But for these aspects of genetics and scientific nature, we rely on the scientific police and we retain that the scientific police acted with utmost professionalism. I can recall, for example, going to the crime scene, I was at the place, and I also had to wear overalls, shoe-covers and a kind of cap, not just once but several times, at the same time when we did the inspections, ... I remember having worn many times, for example, the shoe-covers. And I had to… also because, those who worked on the scene did have their DNA samples taken as well, so there is also my DNA [sample]. Dr. Stefanoni took DNA samples of everyone to rule out in case, there could be DNA discovered belonging to some operator who had nothing to do with this matter.

40’38’’ Therefore, I have the utmost confidence in the scientific police because the top of the scientific police in Italy, especially Dr. Stefanoni who acted with great professionalism and these findings on the biological material were carried out in cross-examination with consultants for the defense team, always. The defense consultants, as I recall, and I was present, as far as I can remember, they had no objections if not in later analysis; they had no objection to anything at all at the time. For example, when the famous bra clasp was discovered, the defense consultants were there, for Sollecito there was a consultant who afterwards was replaced, I don’t remember his name, he was quite good, and I remember that he did not make any objections. Therefore, all these findings were carried out in cross-examination and the other parties had the opportunity to challenge what the scientific police biologist was doing, the scientific police expert in forensic genetics.

42’06’’ So I think. I distinctly remember that, in the first trial, I tried to prove that the knife had been collected with the utmost correctness. And I believe that afterwards the same thing happened in the scientific police laboratory when it was analyzed.

44’16’’ CNN: I still have trouble understanding how you can have a crime so horrendous and so bloody without two of the suspects leaving any trace.

44’30’’ Mignini: Look I should then add, it must be also said, at the time. In the bathroom of the two foreign girls, that is Meredith and Amanda, which is attached, next to the room of the murder, blood material was discovered of Amanda and Meredith, mixed. Why is this material important? It is important because in her own account told, in her own deposition Amanda makes in, I think, in early June of 2009, during the first instance trial, she says that when she left the house on the afternoon of November 1st, those spots were not there. She says so herself. So she returns in the morning, says she went back in the morning and sees those spots of blood. Those spots of blood are mixed Amanda and victim.

Also, in the small bathroom, there is a blood stained footprint, which the scientific police attributed to Raffaele, on the bath mat next to the murder room. On the corridor leading to the murder room, [and] leading to Amanda’s room, there are footprints, I’m not sure now, there are even in Amanda’s room, I think, there are footprints that were attributed to the two youngsters by the scientific police, of feet stained in blood. And, by elements, there is also a print of shoe and that one, was inside the murder room. Elements there are, that is, how to explain the presence of these elements if the two youngsters were not involved in the murder, [and] stayed at home? And another detail: it is a crime, this was established at the time by the Supreme Court, then we can no longer put into question at this point, it is a crime committed by several persons. I have, during the first instance trial, I heard this line of approach, and I also opposed this approach, which extended to holding that Rudy was the only one responsible.

The “only one responsible” is not one person, but [transcription error] they are several persons and Rudy is among them. This is now procedurally beyond dispute.

48’48’’ CNN: He also wants to know if you also found [missing words], that is, Sollecito perhaps, had a few cuts, did you check to see if he had any cuts?

48’56’’ Mignini: The…yes. Well, now: Laura Mazzetti, that is the Italian girl from Viterbo, [said] that it was a scratch, however, she remembers having seen on Amanda’s neck, she told this account and afterwards was also heard [as a person informed], it’s sort of a scratch just few days later, I think it was three or four days, she remembers seeing this scratch on Amanda’s neck that had been also seen, I think, by one of the boys from the Marches region. And in one of the photos taken during the house search by police, I think it shows something. Nevertheless, Laura Mazzetti indicates the presence of a scratch or something like a scratch. That is, she remembers seeing that Amanda had this little injury to the neck.

50’20’’ CNN: None of your investigators noticed it?

50’25’’ Mignini: The investigators did not notice it, because at the time, Amanda kept herself covered, she was, as described by the shopkeeper Quintavalle, covered up. However, Laura Mazzetti saw it and it was also seen, I think if I’m not mistaken or was said, by the young guy from the Marches who was living downstairs.

This girl saw it [the scratch/mark] and she stated this later in the courtroom. Moreover there is even a photo.

51’44’’ CNN: Knox was in contact with the police for several days after the murder. She was interrogated. Was she always wearing something that covered her neck?

52’00’’ Mignini: I think so, to be fair, this was a mark that it was not very visible. Laura Mazzetti said she saw it well. Keep in mind also that we did not focus on it automatically, because it was not like a visually striking mark. She was questioned like Raffaele Sollecito and like all the people who were more or less, that had to be questioned in those days, after the murder, a long series of people were questioned, among which the [girl] friends of Meredith, the English girls she was with the evening of Nov 1 and the night before Oct 31. And, among these people who had been questioned, also several times, Amanda and Sollecito were questioned, Amanda in particular was questioned several times: the evening of the 2nd, 3rd, 4th and then on the evening of 5th and the morning, or early hours of the 6th. But look, what I wanted that [??], just for the purposes of explanation, that under Italian law, we must take into account the totality of the findings.

Therefore there is the scientific evidence, there are statements made by people, examination of witnesses, there is the formal interrogation, there’s the conduct of the accused. All of these elements, it is not only the genetic aspect that comes into consideration. The genetic aspect [is], together with many others, must be altogether; it is a whole spectrum of various findings, which should converge towards an affirmation of a reality that is undisputable. This is how it should be, this is important from a judicial point of view. So it is not that the proof consists of the genetic evidence; it is not like that. There are items of proof from witnesses, there is the fact that there couldn’t be only one perpetrator, and this is now indisputable, and one of the positions of the defense of the two suspects always tended to say there was only one murderer who committed the deed, who climbed through in that totally absurd way, [that’s] not credible.

56’10’’ CNN: About Amanda’s interrogation, on the fifth day, what was it is that triggered you, made you begin to feel suspicious, and led you to conduct a more aggressive interrogation?

56’26’’ Mignini: I see you don’t… so, I’ll repeat to you what happened. On the evening of November 5th, the police were going to question Sollecito, and on the evening of the 5th, as I was saying before, the attitude of Sollecito at the beginning was an attitude of, let’s say, different than the one he would assume later, meaning a defense line supportive with Amanda’s; at that moment, he had a different position. That is, on the evening of Nov 5th. Sollecito made a statement saying “I was at home, Amanda wasn’t”. Amanda at that time had followed; she had accompanied Sollecito to the police station and she waited outside [of the room]. As the police heard this version of Sollecito’s, who basically, Sollecito ... with that statement, also this approach by him in practice more or less had become part of the process too, as Sollecito made this statement, the police became suspicious.

That is: why did Sollecito tell us this, and why is he now telling us that Amanda was not home with him? So then they called Amanda, and Amanda was heard by the police as a person not under investigation, thus with no defense attorney, because the person… the witness, the person informed of the facts during the investigation – is not called a witness, he is called a person informed of the facts - she was heard by the police who pointed out to her, they confronted her with this question: why is Raffaele saying something else? Now you say you were with him and Raffaele says you were not there, that he was at home and you were not there? This is the point.

58’44’’ So she did, she was heard in a way, let’s say for long enough, I cannot remember for how long, in the earliest morning hours of November 6, 2007. I was not there when Amanda was interviewed by the police. I was, perhaps I was coming, because I had been called by the director of the flying squad that night. I do not remember what time I arrived at the flying squad, but I think that… I think I got there, maybe I arrived when Amanda’s questioning had already started. But the flying squad is pretty big; I was not in the room where Amanda was being questioned, but rather in the office of the director of the flying squad. We were talking about the investigation and were trying to plan the investigation for the coming days. So now, at some point, they call me, if I remember correctly, they inform me that Amanda had given the name of Lumumba, she had basically confessed that she was at the crime scene in the company of, with Lumumba, whom she had let into the house, that is it. Now I go on, I wanted to explain how I operate. So it’s not me, I did not do the questioning.

[Translator’s note: the transcript in Italian contains these words in English at this point: Starts with ****’* translation. This notation suggests that there is either a second journalist, who does not directly understand the answers, or that **** is using a translator, human or automatic. **** is used in the place of the individual’s name, which elsewhere is given as CNN. This is the only change that has been made to the transcript as delivered.]

The next post is here.

Monday, May 16, 2011

Open Letter To CNN Head Ken Jautz: Reports As Terrible As Drew Griffin’s Risk Destroying CNN

Posted by James Raper

Attention Of Mr Ken Jautz
Executive Vice President Of Time Warner Inc For CNN
CNN Headquarters
Atlanta Georgia

Dear Mr Jautz:

Concerning Drew Griffin’s CNN report on Amanda Knox viewable or downloadable here with a transcript here.

As a practicing lawyer with a deep knowledge of the case, I watched your report two sundays ago (Murder Abroad – The Amanda Knox Story) with a growing sense of disbelief.

So when I watched the report I really expected that CNN might have very sensibly turned over a new leaf. Instead, Drew Griffin presented what seems to me to have been the most unprofessional report on the case ever done.

It was as if the expensive and relentless Knox PR campaign had phoned in the entire script, and as if Drew Griffin’s sole role was to parrot it. 

If it had been an openly avowed and paid-for public relations exercise on behalf of the Knox/Mellas camapign, it might have won a few points. But the report was promoted as a new investigation. That was a fundamental misdirection. It was in fact the most extraordinarily biased and one-sided presentation that I and I expect many others have encountered.

There were so may errors, omissions, sneers and blatantly misleading suggestions - all leading to a complete lack of balance -  that no viewer, other than those who would already be knowledgeable about the case, had a hope of being able to form an impartial and informed view of the case.

One could write a book about the omissions made by the programme, but I will enumerate just some of these, and the errors and blatantly misleading suggestions, as I go through the repprt here below.

Quick summary of the report

First, here is the thrust of the Griffin report. Amanda Knox and Raffaele Sollecito are the victims of a rush to judgement by an obsessive prosecutor, some circumstantial evidence,  a discredited star witness, wrong media reports, and limited scientific evidence that is inconclusive and unreliable.

Oh and there was some nasty behaviour, inducing a false confession, by the police towards Amanda which mirrored the nasty behaviour that had terrified the novelist Doug Preston whilst he was in Italy preparing for his book “the Monster of Florence”. 

And most, if not all, of this was the fault of the Public Prosecutor, Mignini.  The foregoing is also the basic thrust of the Amanda Knox PR campaign which has been repeated over and over again elsewhere.

There were a mere poor fleeting cursory images of the real victim, Meredith Kercher, and maybe three or four dozen highly manipulative images of Knox and her siblings (see several here) going back to when they were tots.

Apart from Dr Hampikian of the Idaho Innocence Project, Doug Preston, and Mignini, and a cameo non-contentious appearance from Meredith’s lawyer, all of the contributors were family or close family friends. None of the defence lawyers partook, perhaps expecting the embarrassing worst, which was duly delivered.

Meredith’s family and friends were not even mentioned, let alone interviewed by Drew Griffin.

Reactions of the prosecutor of the case

CNN interviewed many, with almost endless montages of a young Knox, to attempt to undermine the case.

Although there are dozens of lawyers and experts and reporters that could explain why in the first round Knox and Sollecito were unanimously found guilty, Griffin unprofessionally chose to interview only ONE for that side of the case. He was Mr Giuliano Mignini, one of the two prosecutors on the case, who speaks no English and was thus easy for Griffin to condescend to and seriously mischaracterize.  (A full transcript of that interview, translated, will be our next post; be prepared for surprises Drew Griffin clearly wanted to hide.) 

I thought that Mr Mignini dealt with Drew Griffin’s unbelieving and cynical stare and his loaded and intentionally unsettling questions ( to which I shall later refer) quite well in the circumstances, since it was obvious right from the start that the unprofessional Drew Griffin was setting him up. At least he dealt with the situation gracefully, and at times even with a little amusement.

As a taster, the first question thrown at him was “Is Amanda Knox evil?”  The prosecutor shifted in his seat, thought about this philosophical question for a bit, and then wisely decided to ignore it.

Points of error and omission in the report in the order in which they arise

(1) The most vital document on the case of all, a 427 page judgment on Knox and Sollecito known as the Massei Report, which can be viewed via the link at the top here, was not mentioned at all.  It seems that neither Drew Griffin nor any of the programme’s producers have ever cast an eye over this document. If they have, they have blithely ignored it. 

The Report contains a detailed resume of the evidence presented at Amanda’s trial and the jurors’ evaluation of it.  It does not cover all the evidence that was heard by the court, which was huge, but certainly that sufficient to warrant the verdicts that were handed down.

There are also at least two other vital documents, also ignored, which all set the stage for the present mandatory appeal. They are the Micheli report on Rudy Guede’s judgment, and a recent Supreme Court report endorsing that report and accepting that there were THREE perpetrators of the crime.

(2) There was a photograph of the cottage. In fact, in all there were seven still shots of the cottage, and two showings of a film of the cottage, taken from a vehicle approaching along the road outside from right to left, from east to west.

All had one glaring omission in common.

None showed the west side of the cottage with Filomena’s bedroom window through which Rudy Guede is supposed to have broken in. That this was blatantly intentional was demonstrated by the editing of the film which cut out just as the side of the cottage with the window was coming in to view.

(3) The staging of the break in was a crucial piece of evidence against Amanda Knox dealt with at some considerable length in the Massei Report. Quite apart from that, it is evident from a simple inspection that the climb up to the window would have been extremely difficult and dangerous for even an athletic burglar and indeed there is much evidence that this was not attempted (Massei).

It would have been far simpler for Rudy Guede, a frequent visitor to the boy’s flat on the lower floor of the cottage, to have broken into the girls’ flat via the balcony (as seen in the still shots) on the other side of the cottage. He could have done that unseen and unheard in well under one minute.

The glass window was not shattered by a rock thrown from the outside, because the clothing tossed inside the bedroom had glass on top of it, which in itself is hard evidence that the break-in was staged.  That such a break-in was highly improbable was demonstrated by an attempt by the defence to reconstruct the climb up to the windowt that failed miserably. 

The only person who could have had an interest in staging a burglary would be one of the occupants of the flat. This is a sore point for Amanda’s supporters, amongst whom I must now assume are Drew Griffin and the producers of Murder Abroad.

(4) It was good to hear from Dr Hampikian that the “police did a good job in processing the crime scene and collecting evidence”.  Unlikely that on the basis of this observation he will be making any submissioms to the two independent DNA experts appointed by the court to review the DNA evidence concerning the knife and the bra clasp. Particularly as his other observations were quite ludicrous or fell outside his field of expertise.

Consider this: “They didn’t like the way Amanda behaved, whatever that means, and so they wanted to investigate her, and Raffaele and her boss. When the DNA is finally processed it is not any of their suspects. And so what do you do? What would you do?  [laughing] You let them go.”


Can he, you, or anyone else, think of a police force anywhere in the world which would want to release a suspect in circumstances where a staged burglary, inappropriate behaviour and language pointing to an insider’s knowledge as to the circumstances and manner of the victim’s death, an alibi that no longer held up, and the framing of an innocent man for murder, clearly points to her involvement. 

In addition there was early evidence of Amanda’s blood in the bathroom next to the Meredith’s bedroom, as a drop on the sink faucet and mixed with Meredith’s blood elsewhere. Contrary to Dr Hampikian’s contention (and he is not a lawyer) there was sufficient evidence to charge or at least prefer a holding charge pending further investigation. This happens frequently in the USA and UK. In addition Dr Stefanoni was aware that there was further evidence to be collected from the crime scene.

In murder cases suspects are very rarely released on bail for fear that they may abscond. Particularly a suspect who is not resident in the country.

A question for Dr Hampikian.  How would you like it if a suspect in the murder of your daughter was granted police bail and skipped the country to return home and evade justice? Make no mistake about it. That is what would have happened.

(5) The DNA evidence was not finally processed, as Dr Hampikian knows, until after the final DNA evidence was collected on the 18th December, weeks after Amanda’s arrest. That was when the bra clasp was collected together with samples from traces identified by luminol. That delay was entirely attributable to the necessity of having to arrange for the defence lawyers and experts to be present to collect further samples, and not incompetence on the part of police or prosecution.

“Forensic expert Greg Hampikian says finding DNA (Amanda’s and Meredith’s) but no blood makes it highly unlikely that the knife was used in a bloody murder. He also says it is surprising that the prosecutor was even allowed to admit such a small unexplainable sample (Meredith’s on the blade) as evidence.” “Would this have made it into a US court? I don’t think it would have made it into a US lab report”.

Not make it into a lab report? Is he trying to be funny?

(6) Well there is the evidence of the police that the knife smelt heavily of bleach which, with its particular size and the fact that it looked so clean, was what made them interested in it. How many people wipe down an item of kitchen cutlery with bleach? I do not know but in my lifetime I have never known anybody do this. Washing up liquid works just fine for me.

Dr Hampikian is of course referring to the Low Copy Number (cell count) DNA reading but the fact is that the graph produced by the DNA electropherogram was a clear match for Meredith’s DNA profile.

Dr Hampikian might be interested to know that LCN DNA is admissible in evidence in at least one jurisdiction in the USA and there is growing support for it with the advances in DNA forensics. The majority of the experts who testified at the trial said that it was clearly Meredith’s DNA.

(7) Furthermore Raffaele explained the existence of the sample by saying that he had accidently pricked Meredith with the knife whilst cooking at his flat. Untrue.  Amanda herself testified that Meredith had never been to Raffaele’s flat, and there was no evidence that she had. Nor was there any evidence or suggestion that, prior to the murder, the knife had been to the girl’s cottage.This evidence would in most courts make the DNA evidence admissible.

(8)  Dr Hampikian again, on the bra clasp (with Raffaele’s DNA on it) – “If that’s all there is it’s a very weak piece of evidence”. “And it’s inconsistent with every other piece of evidence in the case”.

Well, there is the bloody footprint on the bathroom mat which the trial court accepted as being consistent with Raffaele’s footprint rather than Rudy Guede or, for that matter, Amanda. As to the DNA on the bra clasp this was, in forensic terms, an abundant amount, and no one, but no-one, has disputed that this was Raffaele’s DNA.

Perhaps Dr Hampikian can explain how Sollecito’s DNA comes to be there considering that his DNA was not found anywhere else in the flat (other than on a cigarette stub in the kitchen and on Meredith’s door handle) in a quantity even close to the amount found on the bra clasp?

He was clearly advancing the lone wolf theory espoused by Amanda knox supporters given that Guede’s DNA was found in Meredith’s room and on her person. Funny how that DNA evidence is accepted by them but the bra clasp DNA is not. As a forensic biologist perhaps he might also want to comment on the fact that –

(9) There was not one single trace of evidence, DNA, fingerprint, footprint or otherwise, relating to Guede found on the window sill, window, glass, or any item located in, or anywhere else in, Filomena’s room. And yet a mixed sample of Amanda’s and Meredith’s DNA was found on the floor there. Explain that! 

Without question Dr Hampikian’s soundbite contributions to the program were scientifically very inept for someone in his position, but I am sure that he knew what he was doing.

(10) Drew Griffin’s loaded, error strewn and unsubstantiated commentary continued -

  • DG: Amanda was “confronted (by the police) with evidence of criminal activity which the police didn’t have.”

Amanda was questioned by the police as a witness in the immediate aftermath of the discovery of the murder along with others such as her flatmates Filomena and Laura, and Raffaele and three of Meredith’s English girlfriends. These were not interrogations. The questioning of Amanda for 52 hours (suggesting intensive interrogation) as mentioned by her father at the beginning is an exaggeration if not a fabrication. 

Amanda was questioned (interrogated, if you like) at the police station on the 5th November from around 11.30pm to 1.45 am when the questioning stopped because she had become a formal suspect due to her disclosure that she had been at the cottage when Meredith was being murdered by Patrick Lumumba. She was not questioned again other than in court.

A question for Drew Griffin.  “During the aforesaid period what evidence was she presented with that the police did not already have?” I, for one, do not know what he is talking about.

  • DG: “The case against Amanda Knox appears to be falling apart.”

Really?  News to me.

  • DG: “The tabloid press is beginning to tell a different story.”

Well, they are reporting (and sensationalising in some cases) developments (such as they are)  in the appeal.  But a different story?  Again news to me.

  • DG: “The case against Amanda Knox and Raffaele Sollecito seems to be hanging on two very small pieces of DNA evidence.”

Actually Drew, that’s what you would like people to think. It would be far more accurate to say that it is the validity of any defence that is hanging on this evidence, and that what crumbs they may be thrown as a result of the review will not really damage that evidence nor alter the soundness of the convictions.

There is plenty of other evidence, all omitted in this biased documentary.

(11) Drew Griffin next remarks: “Curatolo’s evidence was laughable”.

Really? In what way? He seems to have got the date and times and identifications right. Explain that. In fact whatever the appeal court now makes of his testimony there was nothing laughable about his evidence. He was indeed confused in parts but very clear that he saw Amanda Knox and Raffaele Sollecito arguing together in Grimana Square the night before the police and forensic teams arrived in the square and at the cottage.

The confusion that arose was that he introduced elements of Halloween (the night before that) including a costume he saw in his recollection of the said night. However he was also certain that it was not raining when he saw the two together. It did not rain on the night of the 1st November whereas it did on the night of the 31st October.

  • DG – “He revealed that he was under investigation by Mignini’s office at the exact moment he became his star witness.”

I sensed several slurs coming up and I was not wrong.

  • DG – “Did he get any favours?

Like what? The promise of a reduction in sentence? It looks like he didn’t.

  • DG – “So you believe the testimony of a homeless heroin dealer?”

Yes, for the reasons given. Drew, it does not matter what Mignini really believed or believes now. Testimony is heard and evaluated by the court not by prosecutors. Mignini is not heading the prosecution team on the appeal and he certainly has no influence otherwise on judges and jurors anyway.

(12) Another fatuous claim. “But almost immediately after the arrests Mignini had a problem. The third suspect, Patrick Lumumba had an airtight alibi. He was in his crowded bar that night. He could not have been involved.”

Actually the bar was not so crowded. Pretty empty really.  Patrick was fortunate that of the few customers who turned up one was a Swiss professor, Roman Mero, who travelled all the way back from Zurich to give police Lumumba’s airtight alibi. But for that Lumumba might have stayed in the frame-up longer thanks to Amanda. She did not ever admit to the police that she had lied about him.

(13) Another fatuous claim. “Knox stated that she was denied a translator when referring to her interrogation/arrest.”

Knox testified on the stand in June 2009 that she DID have a translator at that time, by the name of Anna Donnino.

(14) We then had the introduction of Doug Preston, co-author of “The Monster of Florence” (another inadvertent plug – sorry) whose book is in the planning stage for a movie with a star role for this financial donor to The Committee to Protect Journalists. Preston is to be played by George Clooney in the movie.

I do not intend to dwell on this section. It is irrelevant to the Murder of Meredith Kercher and to do so would be to give this pompous individual more of the self publicity he craves It’s sole purpose was to portray the Perugia police and in particular Mignini as arch villains. It might occur to many that Doug Preston has a financial interest in doing this.

We were treated to the following gems –

“Police interrogated people brutally and extracted suspect confessions from them” (in the Monster of Florence case – sorry, another plug)

“I was terrified. I thought these people have the power to put me in prison for the rest of my life.”

Mr Preston obviously does not like having to answer questions or to have to account for himself. Well nobody does really but we are in wimp territory with Preston.

George Clooney could not possibly play such a wimp. Instead the scene in the movie will have to be “sexed up” with Mignini being portrayed as overbearing, obsessive, corrupt and demented.

Hardly the picture he presented in his interview - that is, the two hour long interview that was not shown.

It is not accurate to say the Preston has never returned to Italy as a result of his brush with Mignini. He has been back with Dateline NBC to tape a show on the Monster of Florence (4th and last plug!).

The following are some of the other facts omitted - all pursuant to testimony at the trial or verifiable from other easily obtainable sources. Take note first that there were extensive investigations by experts of cellphone and computer activity and their findings were admitted as evidence. Also it may be helpful to know that Meredith Kercher had two mobile phones, an Italian phone given to her by Filomena and her own UK phone.

These were stolen by her killers and discarded elsewhere. However they were found and handed in to the Postal Police who ascertained that the Italian phone was registered to Filomena and consequently two officers were dispatched to the cottage where they found Amanda and Raffaele.

(15) the fact that Amanda claimed that she returned to the cottage on her own at 10.30 am before the discovery of Meredith’s body to have a shower and collect a mop to clear up a spill of water at Raffaele’s flat the night before– which Massei found unlikely given that by her own testimony she had arranged with Raffaele to visit Gubbio that day and had testified that she had already had a shower at Raffaele’s the evening before; and furthermore that Raffaele employed a cleaner who kept a mop and cleaning equipment at his apartment block.

(16) the fact that cell phone records show that Amanda called Filomena at 12.08 pm (on the 2nd November) to report the front door being open, blood on the bathroom mat and Meredith’s door being locked.  She was at Raffaele’s flat at the time.  Filomena tells her to try Meredith’s phones. Records corroborate that Amanda did call each of Meredith’s phones in turn,

But these two calls lasted just 3 seconds and 4 seconds respectively. Does this sound like a genuine attempt to get hold of Meredith?  One also has to wonder why she did not attempt to call Meredith’s phones again once she and Raffaele had arrived together at the cottage when she might have assumed that they would be heard ringing in Meredith’s bedroom.

(17) the fact that Amanda and Raffaele claimed that Raffaele had called the carabinieri to report a burglary before the postal police arrived. This 112 call was later discovered as timed at 12.51 pm after the arrival of the postal police.

(18) the fact that Amanda told the postal police that Meredith always locked her bedroom door even when she went to the bathroom. This was flatly contradicted by Filomena who said that the only occasion when Meredith had ever locked her door was when she returned to visit her mother in England.

(19) the fact that when the postal police looked into Filomena’s bedroom Raffaele told them that nothing had been stolen. That was true - but why had he been so certain?

(20) the fact that Amanda telephoned her mother from the cottage at 12.47 pm (around 4 am in the morning Seattle time), before the discovery of the body. Why did Amanda wake her mother up in the middle of the night? Edda was subsequently puzzled as to why Amanda was unable to remember this call when, as she put it “Nothing had really happened”.

Amanda persisted even with her parents in denying the existence of the call, but then eventually said that she could not remember it. 

Edda says that Amanda mentioned in the call that there appeared to have been someone in the cottage, and that she told Amanda to call the police. Amanda did not mention, according to Edda, that the postal police were already there.

(21) the fact that in her 2,900 word e-mail home of the 4th November she professes to have been in a panic about Meredith’s locked door and her whereabouts (calling out her name, banging on her bedroom door, and running out on to the balcony and leaning over the rail and trying to look through Meredith’s bedroom window), but according to the witnesses exhibited no particular concern about Meredith when the postal police arrived, nor raised any concerns with them, rather quite the opposite, before the discovery of Meredith’s body.

(22) the fact that in the same e-mail she says that during her 10.30 am visit to the cottage she noticed the blood “smeared” on the sink faucet, drops in the sink and the bloody foot print on the bathmat. “Ew! but nothing to worry about” she says. She attributes the blood to perhaps Meredith having menstrual issues.Does that really make sense? A footprint in menstrual blood? Meredith? who was always so clean and tidy and who had admonished Amanda for her uncleanliness in the bathroom.

(23) the fact that she claims in the e-mail that Raffaelle tried to force Meredith’s door before the arrival of the postal police and failed, despite the fact that one of the other witnesses forced it quite easily.

(24) the fact that (if Amanda’s account of returning to the cottage at 10.30 am is to be believed) notwithstanding blood in the bathroom (which by Amanda’s own admission was not there when she left the cottage the day before), the front door being open, Meredith’s bedroom door being locked (when it was usual for it to be unlocked),and unflushed feces in the large bathroom toilet (which,she says, made her feel uncomfortable about the situation), Amanda did not think of attempting to contact Meredith by phone (on the assumption that she had gone out that morning) nor take a decision to notify anyone other than Raffaele for up to an hour and a half, until a 12.07 call to Meredith and the 12.08 phone call to Filomena. Does this seem credible?

(25) the fact that the 12.07 call was to Meredith’s UK phone and lasted 16 seconds but oddly she does not mention this call to Filomena seconds later. Nor, before calling Filomena, does she try Meredith’s italian phone. The italian phone was, Amanda knew, the phone Meredith used to make and receive local calls. Massei infers that there was no need to try Meredith’s italian phone because Amanda knew that both phones had been disposed of together. This explains why the first call (immediately prior to calling Filomena) was 16 seconds long (to check whether or not both phones had been found), and why the subsequent two calls (after the call to Filomena) were both very short.

(26) the fact that Filomena was worried enough to call Amanda twice at 12.12 (36 seconds) and at 12.20 (65 seconds) without Amanda picking up the calls.  Amanda did pick up the final call at 12.34. Why did she not answer the first two calls?

(27) the fact that Amanda told Meredith’s English friends at the police station details of the body and wounds, although but for a foot it was covered by a quilt and despite her not being in line of sight when the body was discovered, and not having been told any of these details by anyone afterwards.

(28) the fact that when 3 days after the murder Amanda, Filomena and Laura were requested by the police to accompany them to the cottage to check out some details, Amanda, on being shown a drawer of knives in the kitchen, appeared to have had a psychotic incident, putting her hands over her ears and trembling.

(29) the fact that Raffaelle told a British Sunday newspaper in an exclusive interview that on the night of the murder he was at a party with Amanda and not at his flat. He also said that Amanda had gone back to her own flat the next day at midday, and not at 10.30am as she claimed.

(30) the fact that having told the police that she had been with Raffaele all night on the 1st November, sleeping with him until 10.00 am the next morning, Raffaele then proceeded to destroy this alibi on the evening of the 5th November by telling the police that on that night Amanda had gone out and had not returned to his flat until 1 am.

(31) the fact that Raffaele’s own alibi was not corroborated by computer evidence. He claimed to have spent the night indoors, using his computer until late and then going to sleep. In fact all human interaction with the computer ceased at around 9.15 pm and the computer was not re-activated by him until 5.32 am the next morning when it was used for half an hour for music to be played.

(32) the fact that both Amanda’s and Raffaele’s mobiles were switched off sometime shortly after 8.42 pm and were not switched back on again until after 5.32am in the case of Raffaele who activated a text message his father had sent him late the previous night.

(33) the fact that Raffaele’s father had telephoned Raffaele at 8.42 pm and had testified that during the conversation his son told him that while he was washing the dishes he had noticed a leak of water on the floor. This times the dinner Amanda and Raffaele had together as being prior to this whereas Amanda had claimed first that dinner was a liitle after 9.15 pm and then again that it was quite late, perhaps 11 pm (close to the time that Meredith died).

(34) the fact that Amanda’s claim that she slept in until 10 am does not fit easily with the fact that Raffaele was playing music on his computer from 5.32 am nor with the evidence of Mr Quintaville, the food store owner, who says he saw Amanda when he was opening up his store at 7.45 am.

(35) the fact that Amanda and Raffaele were both using drugs. There were multiple corroborating statements to that effect.

(36) the fact that Amanda and Raffaele were constantly together – in a symbiotic relationship as Massei put it.

(37) the fact that Raffaele was a knife aficionado in the habit of carrying a pocket penknife. Indeed he was carrying one on him when he was interviewed at the police station on the 5th November.

(38) the fact that Raffaele watched animal porn videos and this so concerned his university that his subsequent behaviour was monitored.

(39) the fact that Raffaele posted a picture of himself on Facebook dressed up as a mummy carrying a butchers’ chopper.

(40) the fact that Amanda had also written a bizarre short story about the drugging and raping of a young girl which she had posted on her web page.

(41) the fact that Amanda and Raffaele have both suggested that the other might have committed the crime.

(42) the fact that when Rudy Guede was arrested Raffaele did not celebrate his pending imminent release but wrote in his diary that he worried that this man, whom he says he had never met, “might make up strange things about me”.

(43) the fact that there are two instances of Amanda’s DNA mixed with Meredith’s identified by luminol (a powerful presumptive test for blood); in the corridor and in Filomena’s bedroom.  The luminol also identified three footprints, one in Amanda’s bedroom and two in the corridor which tested positive for Meredith’s DNA, the footprints being comparable to the shape and size of Amanda’s right foot.

(44) the fact (as mentioned by me before but not in your programme) that Amanda’s blood was found in the bathroom. Amanda’s blood was on the washbasin faucet, and the mixed blood of Amanda and Meredith was in the washbasin, the bidet, and on the cottonbud box.

(45) the fact that not only was Raffaele’s DNA found on the bra clasp but that in the electropherogram chart there were ten out of sixteen loci having peaks corresponding to Amanda’s profile. Though this is not as decisive as the DNA result for Raffaele, it does give rise to the hypothesis that Amanda touched the bra clasp as well. Amanda’s defence team may consider themselves fortunate that the bra clasp can not be re-tested.

(46) the fact that a shoeprint on Meredith’s pillow was estimated in the area of size 37, or 38.  Amanda’s shoe size, not the other two.

(47) the fact that (according to Massei) the nature of the wounds and injuries sustained by Meredith ( who was a fit girl and who had trained in karate) meant that more than one attacker had to be present to inflict those ( knife wounds, strangulation, bruising to her lips and inner thighs) and to subdue her and attempt sexual intercourse.

(48) the fact that Massei also concluded from the wounds that there were at least two different knives used and that exhibit 36 (the knife on which Amanda’s and Meredith’s DNA was found) was compatible with the wound that ultimately caused her death through blood loss and asphyxiation.

(49) the fact that there were blood spots (from coughing up blood as a result of the fatal knife wound to the throat) on Meredith’s chest and bra. This and other evidence shows that her body was moved, and her bra and some other clothing removed after she had died or at least as she lay dying.This suggests that the evidence of a sex attack is, in part at least, staged.

(50) the fact that there was a footprint (Raffaele’s)  in Meredith’s blood on the bathmat but none leading from Meredith’s room to the bathroom. Highly suggestive, if not proof, that there had been a clean up operation.

(51) the fact that the discovery of Amanda’s arced reading lamp in an upright position on Meredith’s bedroom floor (as if for close inspection) is also highly suggestive of a staging or clean up operation.

(52) the fact that Meredith’s stolen mobile phones were found in a garden within a few hundred yards of Guede’s and Raffaele’s apartments. The apartments are within 30 seconds walking distance of each other, much closer to each other than either are to the girl’s cottage.

(53) the fact that the other two girl occupants with keys to the flat had rock solid alibis whereas Amanda had not.

(54) the fact that according to witnesses the relationship between Meredith and Amanda had started out well enough but had started to deteriorate, be it over petty things.

(55) the fact that the placing of a duvet over Meredith’s corpse is indicative of some relationship between Meredith and her killer.

Some conclusions on the case and Griffin report

Most of the foregoing may be circumstantial evidence, but taken together it is powerful circumstantial evidence, more than enough to secure a conviction in any court in the USA.

Who would have the motive to stage a break in, stage further evidence of sexual assault for an invesigator’s benefit, carry out a partial clean up, and lock the victim’s bedroom door? 

Curatolo’s evidence that he saw Amanda and Raffaele in Grimana Square, a few metres away from the cottage, having what appeared to be a heated argument,  at various times between 9.30pm and, is helpful to the prosecution case but by no means essential.

All the emphasis on the admittedly unhelpful and salacious tabloid newspaper reporting is irrelevant. It is a distraction.

In addition Rudy Guede, in his evidence, did indeed implicate Amanda Knox (starting well before the Italian police got their hands on him), and all the evidence from his fast track trial and appeals is now part of the evidence to be considered in the current appeal.

I think that the Italian Justice system would resent the insinuation in the programme that Guede received a reduced sentence because he was co-operative with the police and prosecution in implicating Amanda.

It should be noted that if Mignini, in his alleged rush to judgement, got things seriously wrong, then he would have had to manipulate the evidence of the prosecution witnesses to fit his erroneous hypothesis. A grand conspiracy! -  a laughable hypothesis. The following is a list of such witnesses. It is indicative, not exhaustive.

Filomena Romanelli, Marco Zarelli, Paola Grande, Laura Mezetti, Luca Altieri, Inspector Battistelli (Postal Police), Monica Napoleoni (Head of Perugia Murder Squad), Sophie Purton, Robyn Butterworth, Amy Frost, Jovana Popovic, Antonio Curatolo, Marco Quintavalle, Nara Capezzali, Antonella Monacchia, Inspector Finzi, Superintendent Gubbiotti, Commissioner Bartolozzi, Marco Trotta, Claudio Trifici, Gregory Mirco, Dr Luca Lalli, Chief Inspector Latella, Dr Profazio, Dr Patrizia Stefanoni (Police Forensic Service in Rome and prosecution DNA expert), and Dr Torricelli (DNA expert for the Kercher family).

This particular murder case is unusual not just in the interest it has generated worldwide but also to the extent to which it has been discussed and argued over on the internet and in the manner in which on occasions it has been presented (rather than reported on) in the media. It is also unusual that the family of one of the accused has not only taken part in such activity but has hired a public relations firm to help bring this about.

There have been a number of books already but I predict that in future a number of these, and the media generally, will also deal with these additional features of the case in some detail.

Sadly for CNN I expect that “Murder Abroad – The Amanda Knox Story” will often be quoted and held up as an example of how bad things got.

I dare say you are free to broadcast what you like and perhaps Drew Griffin’s presentation wrought an overpowering sense of injustice in viewers and improved ratings.

With hindsight, however, I am sure that CNN will regret this shoddy little “documentary”.

It would be nice to think, when Amanda’s conviction is upheld, that CNN will broadcast a detailed corrective documentary. I look forward to hearing from you.

Yours etc

James Raper

c/o True Justice for Meredith Kercher

Sunday, May 08, 2011

Explaining Why CNN Is So Desperate For A Hit And Quaint Niceties Like “Truth” Be Damned

Posted by Peter Quennell

[Above: Jeffrey Bewkes, the head of CNN’s owner Time Warner, with the actress Hayden Panetierre]

A top-rated night-time show on the American TV frontrunner network CBS will pull in over 10 million viewers.

Fast-tanking CNN is lucky if it pulls in over FIVE PERCENT of that audience on any average day. A typical audience is just over 1/2 a million. Here is the story from last September.

Jonathan Klein, president of CNN’s US network, leaves his post today after a sudden announcement that he has been replaced by Ken Jautz, the head of CNN’s downmarket but more popular sister channel HLN.

Klein’s departure comes after a disastrous year for CNN, as its daily ratings slumped by 36% to an average of 640,000 weekday viewers, putting it in third place behind Fox News and MSNBC among cable news channels.

Fox News averages 2.4m viewers while MSNBC has nearly 850,000. HLN averages around 550,000 on weekdays.

The American stock market knows of this CNN fiasco, and it values all three accordingly. You can see this in the 3-year chart just below - the period shown is about half that.

  • The red curve below is for the US stock market average (the Dow Jones Index and you can see that it GAINED about 10 percent.
  • The green curve below is for Viacom Corp, which is the owner of CBS, and you can see that it GAINED about 50 percent.
  • The blue curve below is for Time Warner, the owner of CNN, and you can see that it LOST about 30 per cent in the same period.

We have no beef with CNN overall. But to try to boost its viewer ratings and stockmarket price with appalling reports on the back of the very sad death of Meredith? That seems to us to be in very sick territory.

Ironically CBS’s owner, Viacom, has seen its impressive recent gains since the CBS network STOPPED airing biased and misleading reports on the case and reacquired some integrity

The Meredith Effect?

Posted on 05/08/11 at 08:08 AM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Hoaxers - main mediaCNN NetworkReporting, media, moviesBiased reportingMedia news
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