Collection: UK Guardian

Wednesday, July 27, 2016

Artificially Controversial Adnan Syed Case Adds To Tilt Against Victims Worldwide

Posted by The Machine



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

1. The Media Overview

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

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

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

2. The Adnan Syed/Hae Min Lee serial podcast

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

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

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

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

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

Why was this serial podcast so popular?

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

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

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

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

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

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

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

3. Faults by podcast creator Sarah Koenig

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

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

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

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

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

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

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

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

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

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

“…absolute or mathematical certainty is not required.”

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

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

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

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






4. Main facts of the case against Adnan Syed

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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




5. Doubts Sarah Koenig tries to raise

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Some Conclusions

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

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

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

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

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

7. The reactions of Hae Min Lee’s family

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

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

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

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




Some Of The Main Sources

One: Serial Season One

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

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

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

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

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

Seven: Syed Of ‘Serial’ Podcast Given Retrial

Eight: Serial Podcast Locations

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

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

 

Posted on 07/27/16 at 07:46 AM by The MachineClick here for my past posts, via link at top left.
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Thursday, May 01, 2014

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

Posted by The TJMK Main Posters




Did Gumbel Mislead The Guardian’s Editors?

Gumbel co-wrote Sollecito’s book.

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

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

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

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

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

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

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

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

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

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

Charges Expected Against Andrew Gumbel

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

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

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

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

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

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

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

Examples: 20 False Claims In Seven Pages

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

1. That Italian justice authorities took the easy way out

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

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

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

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

2. That the preventive custody was very harsh

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

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

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

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

3. That the prosecution and Italian media demonized the pair

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17. That the Italian judiciary has vast, unfettered powers

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Friday, March 07, 2014

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

Posted by The TJMK Main Posters



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

1. How the Guardian got itself on a roll

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

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

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

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

2. The Guardian’s substantial pro-Knox campaign

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

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

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

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

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

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

3. Notice the typical pro-Knox headline bias here

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

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

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

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

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

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

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

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

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

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

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

  • 2013 My penpal Amanda Knox and me | Simon Hattenstone

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

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

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

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

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

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

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


4. Notice the typical anti-Italy headline bias here

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


5. Meredith’s friends demand extreme bias be ended

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

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

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

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

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

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

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

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

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


Posted on 03/07/14 at 04:39 PM by The TJMK Main PostersClick here for my past posts, via link at top left.
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