Friday, April 10, 2015
Those Pesky Certainties Cassation’s Fifth Chambers May Or May Not Convincingly Contend With #1
Posted by Cardiol MD
1. How Overload Can Overwhelm The Checks And Balances
The Italian Supreme Court (SCC) has 396 Judges in Rome and elsewhere.
Because of the enormous pro-defendant tilt in the system, the SCC hears about 80,000 appeals a year - more than all other Supreme Courts in the rest of Europe combined.
The SCC operates in panels, typically of 5 justices; that scales to about 4 appeals/panel/workweek, or about 1 appeal/panel/workday. A huge workload impinging on carefulness and promoting distraction and exhaustion.
Even with a law-clerk infrastructure, and the most ingenious exploitation of human concentrated-attention-span, highly questionable outcomes such as that for Meredith’s case would seem inevitable.
The four SCC judges panels (2008, 2010, 2013, 2015) which have ruled on various issues arising as Meredith’s murder case inched its way through the Italian legal system have been composed of different judge-combinations, with different skills, different knowledge, different education, and different experiences.
In many cases high-tech issues are an integral part of the evidence before the courts. This requires the enlistment of expert opinions because the judges may not be versant in the relevant high-tech issues. All sides, the defence, the prosecution, other interested parties, and even the judges, can cherry-pick experts for hire, who often use brazen sophistry to persuade the judges in the experts’ favour.
These facts may help to explain if not justify the unexpected conclusion of this current SCC judges panel which is now drafting the Motivazione.
2. Circumstantial Evidence And The Italian Requirement For Certainty
Near the start of the 2015 SCC hearings Judge Bruno, one of the 5 members of the Marasca SCC-Panel, was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
As we await this particular Motivazione intended to explain its decision, we will review the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings to establish what do constitute the certainties - of which in fact as Italian law defines them there is actually a large number.
In order to be classified as Circumstantial Evidence in Italian Law an evidentiary circumstance or fact must be true to the level of being a certainty. Note that this rule does not supersede BARD, it applies only to the the acceptance of individual items of evidence as circumstantial, so it can mislead and confuse authors and readers.
As will be noted below, under this Italian requirement the unverifiable RS/AK broken water-pipe story can not be classified as pro-defense Circumstantial Evidence. Therefore it cannot legally be argued as corroboration of the excuses of Knox & Sollecito, including their mop claims.
Sollecito’s father, Dr. Francesco Sollecito, did say that RS had mentioned the alleged-leak of Nov. 1st, 2007, in the father’s 221 seconds, 20:42:56 call of Nov.1st, 2007. Hellmann/Zanetti bought into this story, discussing it in their Motivazione.
AK is quoted by Nencini as referring to the alleged-leak in her testimony, but neither Galati nor the 2013 Hellmann/Zanetti-annulling SCC panel mentioned the alleged-leak. All seemed aware that there was no certainty.
3. An Explanation Of Why This Will Matter So Much In Future
In 2013 the SCC itself annulled most of the Hellmann-Zanetti verdict in part because there was an obvious parceling-out of the pieces of circumstantial evidence and a lack of assessment of each piece of circumstantial evidence. Hellmann-Zanetti had failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be resolved by cross-checking them and taking in account the whole.
Have the SCC judges themselves now made this same mistake? It is especially at this level that informed legal analysis in Italy of the pending SCC Motivazione will concentrate, future books on the case will concentrate, and the final degree of legitimacy will be established.
Given the peculiarity that the case was not referred back down to Florence for adjustment, worries at this level especially could be driving the very obvious nervousness of all of the defense counsels, shushing and restraining their clients in the presumed hope that the SCC judges really can square the circle and achieve legitimacy.
4. Certainties And Certainly-Nots In The Circumstantial Evidence
1. Fracture Of Hyoid Bone?
The SCC-Panel for Guede’s Sentencing (English Translation) wrote on Pages 4-5:
c) The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding from the vessels of both lungs.
This caused a haemorrhagic shock and asphyxiation by the presence of blood in the respiratory passages, an exitus [decease] placed at around 23:00 of Nov. 1 by the forensic pathologist.
The emphases are mine. The knife cut through the hyoid bone rather than fractured it (in the English version it should say that it severed the hyoid bone; this is a translation issue). A Certainly-Not then.
The wound certainly did not cause any bleeding at all from the vessels of either lung; this is not a translation issue. This is a factual error in the original Italian Sentencing Report. A Certainly-Not then.
(This shows how the SCC-Panel Reports are not infallible. Unfortunately the Marasca Panel will have to dredge-up some past, fallible SCC-Panel Reports in order to explain its own reasoning.)
2. Two Knives?
Massei Translation p377: “There must necessarily have been  two knives at the scene of the crime.”
Certainly! There were 2 major, penetrating knife-wounds into Meredith’s neck; one entering on the left-side, and one entering on the right-side, which was made by a pocket-knife of the size Sollecito customarily carried. The latter wound could not have been made by whatever knife entered on the left-side. Therefore 2 knives were Certainly used.
3. Single Blow?
Massei Translation p 371 ”…a single blow was apparently halted by the jawbone…”
The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted”, “did not…. have elements of certainty to establish” it was “stopped by the jawbone.” Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”
Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “near” the jawbone. Skin is soft and bone is harder but there is no way that the knife striking the jawbone or hyoid bone would halt the knife in this case, they would just roll with the blow, depending on the angle of attack.
Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife. When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.
If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action. Any implication in the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade, is a mistaken implication.
It is an old rule of materials-physics that a softer substance cannot mark a harder substance. [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would certainly not show signs of damage caused by the stabbing in this case.]
4. SMS Message?
It is Certain that at 20:18:12 on Nov.1st, 2007 Amanda Knox’s mobile-phone received the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the ‚Le Chic? pub on the evening of 1 November.
Remember that mobile-phones are equivalent to convicts’ ankle-monitor bracelets, their use creates with Certainty a record of the Times of cell-phone activities, the Location of the corresponding transmitter-cell, and hence the general location of the mobile-phone, especially Ruling-Out particular Locations e.g. Proving whether the carrier of the phone was in or out of the range of their home transmitter-cell. Call Verbal-Content is not publicly available.
Here the mobile-phone Record proves that Knox’s mobile-phone was Certainly-Not in Sollecito’s lodging-house at 20:18:12 on Nov.1st, 2007:
At the time of reception, Knox’s phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. Amanda Knox’s mobile phone, and therefore Knox herself, was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell.
This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub.
Knox was therefore Certainly Not at Sollecito’s Corso Garibaldi Lodging at that time, contrary to the allegation that she was, and Knox Certainly-Could have been at her Cottage.
5. SMS Reply?
At 20.35.48 on Nov.1st, 2007, Amanda Knox Certainly sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when her on Nov.1st, 2007 mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7 - no other [use] was shown for the day of 1.11.07, noting that Amanda declared during hearings that she had switched her mobile phone off once she had returned 323 to Raffaele’s house, claiming she was more than happy she did not have to go to work and could spend the evening with her boyfriend.
(Knox may also have been LESS than happy that Lumumba preferred Meredith instead of Knox as an employee. This was perhaps humiliating enough to Knox for Knox to decide that the time to cut Meredith down-to-size was now.)
6. Bomb Threat?
Massei Translation page 25: On “the evening of November 1, 2007 at around 10:00 pm, someone called and warned Elisabetta Lana not to use the toilet of her dwelling because it contained a bomb which could explode. Mrs. Lana immediately notified the police of this phone call; and they came to the house but did not find anything….”
This call was Certainly received, the Police Certainly came to Mrs. Lana’s home, presumably not long after 10: pm on the evening of November 1, 2007 (Time & Duration of Police presence apparently not publicly-available).
The Courts must know those times accurately and precisely; reasonably assuming them to be after Meredith’s murder, and near the time of the Phone-Dump (Otherwise, the necessary combination of coincidences is too implausible).
It is most likely that the visible, and possibly audible, presence of Police triggered the panicked disposal of the Cell-Phones down the steep slope that falls sharply into the valley below.
There is no need to invoke any awareness by the phone-dumper[s] of the reason(the hoax-call) that the Police were near Mrs. Lana’s residence.
So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off).
According to John Follain the slope is heavily overgrown with trees and bushes, an ideal place to dispose of evidence. If the phones had fallen just a few yards further, they would certainly have gone over the edge of the cliff, down into a 50m gully, straight into a thick scrub of nettles, and probably been lost forever….
7. Phone Dialings?
There were four dialings on Meredith’s mobile phones after her arrival home on the evening of 1 November ‘07:
i. 20:56 hours on 1 November 07, attempted call to Meredith’s mother’s home in England.
ii. 21:58 hours on 1 November 07, attempted call to mobile phone’s answering service, voicemail ‘901’.
iii. 22:00 hours on 1 November 07, dial to Meredith’s London bank ‘ABBEY’.
iv. 22:13:29 hours (9 seconds) on 1 November 07, attempted internet connection. Connection consistent with being attempted from cottage, but inconsistent with being attempted from Mrs.Lana’s.
These dialings are Certain with regard to Existence, Timings, and Location.
Massei Translation, page 331, attributes the above 4 dialings to Meredith absent-mindedly playing with the mobile phone in her hand, and her phone may well have still been in her hand when her attackers surprised her.
8. Phone Location?
Was Meredith’s Phone still in the cottage at Via della Pergola at 22:13:29 hours on 1 November 07? Yes. Certainly.
9. A Tow Truck?
At about 22:30 hours Car broken-down nearby. Tow-Truck called-for.
At about 23:00 hours Tow-Truck arrives to load car.
At about 23:13 hours Tow-Truck leaves with loaded car.
These events Certainly occurred, but those times are approximate.
10. Francesco Called?
@23:41:11 RS’s father attempts phone-call but makes no oral contact. Father leaves message which is not received until 06:02:59 on 2.11.07.
This 23:41:11 call was attempted during the very time-frame of the attack on Meredith, her murder, and the flight of her killers with her mobile telephones. Meredith’s Phone[s] were removed from her cottage by about Midnight, less than 20 minutes after this attempted call.
These phone calls are Certain wrt Existence, Timings, and Locations.
11. Phone Location?
For 2.11.07 the first record is that of MKP - 0:10: 31, (i.e. Very early in the a.m. 10 minutes and 31 seconds after midnight) “when it has been established as an incontrovertible fact that Meredith’s English mobile phone was no longer in Via della Pergola, the mobile phone having received the contact under the coverage from Wind signal [cell] ..25622, which is incompatible with the cottage.”
Was Meredith’s Phone still in the cottage at Via della Pergola at 00:10: 31, 2.11.07? No!
Therefore Meredith’s English mobile phone had been removed from her cottage between 10.13.39 p.m. on 1.11.07 (more likely about 11.13 p.m. when tow-truck departed) and 0:10:31 on 2:11:07; about 10 ½ minutes after midnight – say Meredith’s Phone[s] Removed By About Midnight, allowing for the time-elapse before being dumped near Mrs. Lana’s place. (Hellmann falsified this time-span on page 14 of his report, stating it to be more than 10 hours after midnight rather than about 10 ½ minutes after midnight.)
12. Phones Stolen?
At some time before Meredith’s attackers fled, they had seized her mobile telephones, probably near the beginning of the attack, having started their attack with a pre-emptive strike to intimidate Meredith, remove all hope, surround her, display knives, seal all possible escape-routes, and remove any possibility of phone-calling for help.
Immediately after Meredith’s scream her attackers had silenced her with the fatal stabbing, and then fled immediately.
They fled with her already-seized but still switched-on mobile telephones, probably without locking anything, including Meredith’s door.
Their over-riding and 1st imperative was not-to-be-caught-at-the-crime-scene.
See item 6. above.
13. Crimescene Meddling?
Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was ‘an inside job’, and simulating the appearances that it was ‘an outside job’.
One should bear in mind that these killers should have still been overwhelmed by their having actually committed a crime beyond their wildest imaginings.
Their panic impaired their thinking, and their ignorance, immaturity, inexperience, lack of technical resources and their arrogance precluded their selecting deceptions more effective against knowledgeable, experienced professional crime-investigators with a large fund of resources. They probably think that throwing the stone from inside Filomena’s room was a brilliant deception.
They wish it had never happened.
They wish they could make it unhappen (Hellmann/Zanetti got close to fulfilling this wish, but got themselves unhappened by Cassation)
They wish they could prevent the discovery of Meredith’s murder.
They cannot prevent the discovery of Meredith’s murder.
They may be able to postpone its discovery, but not longer than the inevitable return of the cottage-mates, later that day.
They believe that the person who ‘discovers’ a murder may become 1st-suspect.
They may be able to manouevre others-than-themselves into being the ones that make the discovery – quite a wily aim.
It is beyond reasonable doubt that:
Meredith’s killers seized her mobile telephones, and that
Her killers did not switch-off these mobile telephones, and that.
Her killers threw the telephones into an apparent ravine, landing in Mrs.Lana’s garden, and that
This phone-dump was accomplished before 00:10: 31, 2.11.07, and that
Amanda Knox caused:
- i. the English phone to ring at 12:07:12 (16 seconds) and be discovered by Mrs.Lana’s daughter only because it rang , and
ii. the other phone, registered to Filomena Romanelli, to ring, very briefly, at 12:11:02 (3 seconds) and,
iii. the English phone to ring again, also very briefly, at 12:11:54 (4 seconds), after being brought into Mrs.Lana’s house. 6. Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.
In the opinion of the Court of Assizes (Massei Translation p.325), Amanda Knox’s call to Meredith’s phone was
...the first indispensible step before putting the  planned staging into action. The lack of a reply, since the poor girl was obviously already dead, gave a reason for reassurance about the fact that the young woman’s phone had not somehow been retrieved, [and] was therefore safe in the spot where it had been thrown, which, according to the expectations [in the minds] of the murderers was a precipice or some other inaccessible spot, rather than in the garden of a villa located barely outside the city, where the vegetation concealed it from view.
Knox may well have expected that she was safe from phone-discovery, but these calls turned out to be the very instrument of a phone-discovery.
Had Knox not made these obfuscatory stabs, in the time-frame she made them Meredith’s phone would not have rung when it did ring and would therefore not have been discovered by Mrs. Lana’s daughter when she did discover it.
14. Phone Switched On?
For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following:
00:10:31; duration and caller unspecified, but Wind signal [cell] incompatible with cottage, but compatible with Mrs. Lana’s place.
Therefore, Meredith’s mobile cell-phone had already been taken away from the cottage by her killers. It is not possible to determine from this phone-record whether the phone was switched on or off, but this phone was discovered at Mrs. Lana’s place because it was ringing, and therefore was “on”.
12:11:02 (duration of 3 seconds): Knox’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.
12:11:54 (4 seconds): another call is made by Knox’s phone towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)
Three more phone-calls Certain wrt Existence, Timings, and Locations.
15. Francesco SMS Received?
At 06:02:59 Raffaele Sollecito received the SMS from his father allegedly wishing Raffaelle a good night; from the evidence of the mobile phone record printouts of Dr. Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07
3+ Hours after receiving his father’s message from 23:41:11 of 1.11.07:
At 09:24 Raffaele Sollecito received a phone call from his father lasting 248 seconds]
At this time RS’s consiousness would be dominated by his guilty knowledge, and probably far-advanced in the accomplishment of the 3rd imperative.
Did RS and father spend 4+ minutes discussing the weather?
This is the first father/son opportunity to formulate the two-pronged water-leak story.
Although AK had already been to the hardware store 2 hours before, they may well not have known the potential DNA problems with the knife, the need to scrub it vigorously, to clean-out, and repair the drain-pipes under the sink, and the need to return the knife to RS’s kitchen drawer.
As it turned-out, Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.
They probably did not know that incriminating stains could be invisible, but can be revealed by Luminol.
16. Francesco Calls Received?
At 09:29 another call was received lasting 38 seconds
At 09:30 (duration unspecified?) the father called Raffaele; the call connected to the Vial Belardi sector 7 cell.(the best server cell for Corso Garibaldi 30).]
These two calls, Certain wrt Existence, Timings, and Locations, were probably spent dotting ‘i’s, crossing ‘t’s, and exchanging options, such as enlisting sister Vanessa’s skills and contacts.
17. More Calls Later?
Another 2+ Hours later:
At 12:07:12 (duration of 16 seconds) Amanda calls the English phone number 00447841131571belonging to Meredith Kercher. The mobile phone connects to the cell at  Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (the signal from this cell is picked up at Sollecito’s house)
At 12.08.44 (lasted 68 seconds) Amanda calls Romanelli Filomena on number 347-1073006; the mobile phone connects to the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell (which covers Sollecito’s house)
Discovery will be inevitable when Filomena eventually arrives-back at the cottage.
AK/RS have accepted that they have to ‘stand-pat’ with their efforts so-far to accomplish not-to-be-the-“discoverers”-of-Meredith’s-body.
Amanda did not say a word in this phone-call to Filomena about Amanda’s phone call to Meredith, thereby withholding information that should have led Amanda to initiate discovery of Meredith’s body, and help Amanda to manouevre someone other than Amanda into being the one who ‘discovers’ Meredith’s body.
At 12:11:02 (3 seconds) the Vodafone number 348-4673711 belonging to Meredith (this is the one [i.e. SIM card] registered to Romanelli Filomena) is called and its answering service is activated (cell used: Via dell’Aquila 5-Torre dell’Acquedotto sector3)
18. Yet More Calls?
For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following 5 calls, Certain wrt Existence, Timings, and Locations:
- i. 12:11:02 (duration of 3 seconds): Amanda’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.
ii. 12:11:54 (4 seconds): another call is made towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)
iii. 12:12:35 (lasting 36 seconds) Romanelli Filomena calls Amanda Knox (No. 348-4673590); Amanda receives the call connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3 (still at Raffaele’s house)
iv. 12:20:44 (lasting 65 seconds) Romanelli F. calls Amanda, who receives the call connecting to the cell in Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (good for Corso Garibaldi 30)
v. 12:34:56 (48 seconds): Filomena calls Amanda who receives it from the cottage on Via della Pergola 7 (the cell used is that on Piazza Lupattelli sector 7. As mentioned, Raffaele also used the same cell when he called the service centre at 12:35 hours to recharge [the credit of] his mobile phone)
19. RS Phone Location?
At 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)
At 12:38: Vodafone sent R.Sollecito a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)
At 12:40: incoming call from RS’s father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)]
At 12:47:23 (duration of 88 seconds): Amanda calls the American (USA) number 00120069326457, using the cell on Piazza Lupatetlli sector 7; the phone call takes place prior to the one which, at 12.51.40, Raffaele Sollecito will make to ‚112?, connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 1, which gives coverage to Via della Pergola 7]
In “Waiting To Be Heard” Knox can hardly deny having made this 1st call, acknowledges making the call, and purports, now, to recall its substance, providing the reader with her version of what was said.
At 13:24:18 (duration of 162 seconds): Amanda calls the same American number which corresponds to the home of her mother, Mrs Edda Mellas, using the same cell. It is obvious that the young woman is inside the cottage, where by this point, several minutes earlier, the Postal Police had shown up,  represented by Inspector Battistelli and Assistant Marzi, who were engaged in the task of tracking down Filomena Romanelli, who was the owner of the Vodafone phonecard contained in the mobile phone found earlier in the garden of the villa on Via Sperandio]
In “Waiting To Be Heard” Knox can hardly deny having made this 2nd call either, she acknowledges making the call, and provides the reader with her current version of what was said.
20. More Phone Locations?
At 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320
At 12:51:40 Raffaele Sollecito called ‚112? to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)
At 12:54: a second call by Raffaele to ‚112? (57 sec.; connection to Piazza Lupattelli sector 7 cell)
Three more Sollecito calls Certain wrt Existence, Timings, and Locations.
21. More Phone Locations?
At 13:17:10 (lasting 1 second) to Meredith’s phone: the cell used was located in the same place, sector 7
At 13:27:32 (duration of 26 seconds): Amanda calls the American number 0012069319350, still using the cell at Piazza Lupattelli sector 7.
At 13:29:00 (duration of 296 seconds) Amanda receives [a call] from No. 075/54247561 (Piazza Lupattelli sector 7 cell)
Three more Knox calls Certain wrt Existence, Timings, and Locations.
22. Another Phone Location?
At 13:40:12: incoming call from his father to RS (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)
Another Sollecito call Certain wrt Existence, Timings, and Locations.
23. More Knox Calls?
At 13:48:33 (1 second): this is an attempted call to AK’s mother’s number
At 13:58:33 (1 second): this is an attempted call to her mother’s number
The above item is a faithful translation from the Massei Motivazione section on Amanda Knox’s mobile phone traffic, but is listed out-of-time-sequence; the assigned-time is probably a ‘typo’ – “13:48:33” is much more likely correct.
Two more Knox calls Certain wrt Existence, Timings, and Locations.
24. Francesco Call?
14:33: Sollecito’s father called Sollecito for 21 seconds (as above)]
Do RS and father exchange more caveats in their call Certain wrt Existence, Timings, and Locations?
25. More Knox Locations?
At 14:46:14 (102 seconds) Amanda receives a call from the German number 494154794034, most likely belonging to her aunt Doroty Craft
Call to Meredith’s phone at 15:13:43 (5 seconds) cell not indicated.
At 15:31:51 (1 second): Knox receives an SMS sent from the number 389/1531078; at this point the cell being used is the one on Via Cappuccinelli 5/A sector 2, where the Questura [police headquarters] is located.
Two more Knox-related calls Certain wrt Existence, Timings, and Locations.
In the hours that followed the [mobile phone record] printouts show that the answering service of Amanda’s number 348-4673590 was activated due to a lack of signal coverage.
Massei Translation p.324:
Finally, the analyses of the [phone record] printouts highlight that the first phone call made by Amanda on the day of 2 November was to Meredith Kercher’s English number.
The American student called her English flatmate even before contacting Romanelli Filomena to whom she intended to express, as she testified in court, her fears about the strange things she had seen in the cottage, which she had returned to at about 11 o’clock in order to shower in preparation for the excursion to Gubbio which she and Raffaele had planned.
It is strange that Amanda did not say a word to Filomena about the phone call to their flatmate, when the call, not having been answered, would normally have caused anxiety and posed some questions as to why Meredith did not answer the phone at such an advanced hour of the day.
26. Sollecito Locations?
At 17:01: RS’s father called RS for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station
At 17:42: RS’s father called RS for 97 seconds (as above).
With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)
The above 2 calls presumably covered final agreements on the Father/son stories.
For the entire day of 1 November and then of 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing.
This series continues here.
Archived in Smoking-gun posts, Officially involved, Supreme Court, Public evidence, The locations, The timelines, Knox's alibis, Sollecito's alibis, The two knives, Other physical, Cellphone activity, Trials 2008 & 2009, Massei prosecution, Appeals 2009-2015, Cassation appeal 2
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Wednesday, April 08, 2015
In Big Complication For Cassation Guede Demands New Trial To Prove He Was Not “Accomplice Of Myself”
Posted by Peter Quennell
Sooner or later they must explain. Initial statements of their reasons has many Italian justice officials in strong disbelief.
If there were evidence problems (and we know of next to none and hundreds of evidence points suggesting guilt) the Florence appeal court was the correct court to put them to bed. Cassation has no legal mandate for that.
It gets worse. Somehow the Fifth Chambers has to explain why the First Chambers ruled the other way on some very key points in 2010 and 2013 and why it confirmed Knox’s sentence for the felony of calunnia with no further possibility of appeal.
It gets worse. The five judges would seem to have to come down for either the highly discredited Lone Wolf Theory or for two other “missing killers” (for which there is zero evidence) to have attacked Meredith.
From 2007 to 2015 two defense teams tried very hard but without conviction or success to do both of those things - even though Guede and his defense had no way to answer back as they were not even in court.
Those same two teams tiptoed away from much of the pesky evidence against all three which they were simply powerless to explain.
So Guede’s demand for a new trial reported today could not be timed worse from the Fifth Chambers judges’ point of view.
Chances are that this request will be ruled on by another Chambers of Cassation. It might take some time but they might have no compunction (especially if they are the First Chambers) about hanging the increasingly embattled Fifth Chambers out to dry.
No way Guede’s conviction ever gets reversed. He knows that. We all know that. The evidence is way too strong. But Guede could really rub it in that he was not the initiator of the 15-minute attack and could certainly not have done it alone. That he had no motive at all. That he was not a drug dealer or a burglar - no evidence for either exists.
That he was not the one who had a reason to clean up the house as his own trial ruled. And that he did not wield the final blow.
Added to the top post on Thursday, and amended Friday.
It looked briefly like his lawyers contradicted Guede. But legally Guede is the one with much at stake and gets to call the final shots.
And Biscotti merely added that while he didn’t know exactly what Rudy said, his words should not be considered as a public statement, he did not intend for them to go public.
Of course, Biscotti would want to keep their powder dry, and keep Guede out of harms way, and keep all possible options open in Cassation.
Smart legal, safety and financial tactics.
Archived in The former defendants, Rudy Guede, Officially involved, Supreme Court, Crime hypotheses, Various scenarios, Appeals 2009-2015, Guede appeals, Meredith-case hoaxes, The Guede hoax
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Monday, April 06, 2015
Columbia University Journalism School Blasts Fabricated Story - But What Of Hundreds In Our Case?
Posted by Peter Quennell
1. The Damage From False Media Reports
Once a false meme is put out there it can do immense harm and be almost impossible to turn around.
Public relations houses try to propagate memes, and if they are false that is sleazy and unethical but usually does not contravene criminal law.
But serious media spreading such memes have a very strong moral mandate and at times a legal mandate to check, double-check, and check again.
Often the real damage extends way beyond immediate victims and witnesses and families and friends. It can chill and distort right across law enforcement and the justice system and deeply affect paranoia-prone minds.
2. The Rolling Stone Article Report
What was misreported in the fortnightly Rolling Stone is described chronologically today by Rolling Stone itself here.
Essentially, an experienced reporter with a valid story did not go the extra mile to check if her highly inflammatory flagship claim was true.
There seems no question now that it was not.
A few days later Rolling Stone itself cautiously began to ‘fess up. The story was indeed untrue. Neither the reporter nor the editor had checked, double-checked, and checked again.
Its owner Jann Renner contracted with the Columbia University Graduate Journalism School to publish an in-depth report. The supposed victim was increasingly contradicted by her own friends and shown to have changed stories a lot. On 23 March local police reported that their investigation turned up no sign of a crime.
Yesterday the journalism school published their conclusions on “What Went Wrong” and they will make available and summarise the full version of their report on April 8th.
Damage has rippled on and on not least to women who have a huge interest in being taken seriously when they have a complaint.
The University of Virgina is in full damage control mode (that campus is about one hour’s drive southwest of Washington). Who could now be charged or sued is discussed here in the Washington Post. Many reputations have come out looking worse.
3. Relevance To Meredith’s Case?
On 27 June 2011 (right in the middle of the Hellmann appeal) Rolling Stone published one of the least accurate and most damaging and defamatory of literally hundreds of inaccurate reports.
Nathaniel Rich reported only in English, of course, from safely across the Atlantic, and there was zero due diligence by the editor at Rolling Stone (the same editor as today). His false claims were very widely quoted elsewhere. See here, and here, and here, and here, and here, and here, and here.
Rolling Stone inflamed public opinion through false claims. It added to the perception that an extradition battle could drop two governments in the soup. That may have impacted the Supreme Court.
Yes, this case of mass misreporting seems every bit as bad.
Archived in Reporting on the case, V bad reporting, The wider contexts, American context
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Thursday, April 02, 2015
The Psychology Of The Human Race Puts Us On A Rising Curve Toward True Justice For All
Posted by SeekingUnderstanding
1. The “Just-World” Is Built
When we were children, we listened to fairy tales. Most cultures have a library of myths.
They frequently had ‘happy ever after’ endings, where everything worked out well, after many scares, struggles and deep sorrows. Rarely did the ‘bad people’ win, in the very end, although there were often sacrifices along the way required by those who were true to themselves, and cared for others and the world. The ruthless, selfish, greedy people often appeared in disguise - their ugly and scheming natures only revealed by chance at The End.
We often asked our fathers to read us these stories, before we were tucked up safely in bed. Usually we went to sleep reassured. This is because such tales reinforce a concept known as ‘the just-world’. In this just world, good thoughts and deeds are rewarded, eventually, and the bad and cruel actions will reap the punishment they deserve, even if patience is required until this comes about.
Our belief in this concept helps us, as we begin to go out in the world and face its stresses and dangers. It gives us hope and courage, in our tiny childhood bodies.
Our parents are our caretakers, there to guide us and protect us from harm. Good parents, who are teachers too, show us right from wrong, good from bad. We grow, and begin to form a sense of Self, a core self that finds meaning and values, experiences beauty and ugliness, joy and pain.
At least one of our caretakers will empathize with us, and give us what is known as validation. Gradually, we learn to be self-reliant and do this for ourselves, although we will always still turn towards the caretaker for this reassurance at certain times.
2. When Our Just-World is Broken
And then, suddenly, one day, something else happens. (Hopefully, this day doesn’t come when we are so very young - if it does, it is frequently disastrous).
Our belief in the Just World is fractured. It cracks, and comes crumbling down around us, terrifying us as it does. Life goes into slow motion, and we remember the colours, shapes, smells, words, for the rest of our lives. Someone who has done wrong is praised and rewarded, and the little person who is ‘me’, who was being as good as we knew how to be, is scolded, teased, taunted, hurt (perhaps physically), neglected, ignored, humiliated, punished. We suffer when we do not deserve to, sometimes when we least deserve to.
Most of all, our ‘caretaker’, whose function it is to protect us, now reprimands us, withdraws their love or approval and, worst of all, refuses to believe us. We are telling it as it is, telling the truth as we have been taught to do, and the very person we have entrusted with truth, rejects us, and believes the one who is lying. We feel despair,and we feel isolated. We panic inside, and experience fear as we have not known it.
Our adrenalin and other endocrine reactions are set in motion. Our heart thumps. We don’t know what to do, we feel numb, confused, it is hard to concentrate. We are unlikely to be able to say, at that point, - but what we are feeling is betrayal. All our inner security has temporarily dissolved.
Not only has the person insulted and harmed us with their wrong-doing, but they compounded this by sanctimoniously pretending that they were ‘put upon’, a victim no less, while simultaneously the true victim is blamed and derogated. It is outrageous, and moreover it is disempowering (at first).
It is our first experience of injustice.
3. The Experience of Acute Distress
If our psyche is healthy, we will recover, both physically and emotionally within a short period. Human beings have innate coping mechanisms, and we learn gradually to activate these. Different personalities develop different ways.
But the period of stress and distress does need to be of a short duration. This is important. If it is not, we now know that very real damage occurs. This is not something vague, but is actual, biological, involving the Hippocampus and other specific areas in the brain.
When we talk about ‘healing’, this is not just a fancy word for getting into a better mood : real healing and correction need to occur in the cell tissues. Stress really does damage your health, and if we need to take time out to recover from it, - this is a real need. The greater and more prolonged the distress, the longer the time needed to rebuild, to adapt and adjust. Music, and being in nature, often have an important role to play here. People find their own ways, in their own time.
The other thing of prime importance is contact and talking, sharing, with others to whom we feel bonded. It may seem like saying the obvious - but it has been shown that victims of trauma heal very much more quickly when their contact with their loved ones in the aftermath had been immediate.
What is needed is the opposite of isolation, which would simply increase the undermining of the sense of self and our own identity, which has been hurt, or sometimes splintered.
People are isolated in cases of torture - the perpetrators of it know this isolating alone is punishing, fragmenting, weakening and eroding to the self.
We need the validation of our true friends. Perhaps this is the origin of the saying, ‘A friend in need is a friend indeed’.
To recap slightly : our first experience of having our illusion of a totally Just World challenged probably first occurs as we are growing up, perhaps at school or similarly.
I will not, here, address the very serious cases where child abuse happens in the home, where the damage may never be repairable (although a certain amount can be done, miraculously, with professional and skilled help). Neither is this the place to describe terrible trauma caused by murder and terrorism. Extreme experience of injustice, especially continuous, leads to severe trauma, which at the extreme end leads to PTSD.
Needless to say, those who survive need the utmost sensitivity and skill to help them deal with the sheer inhumanity of their situations.
4. The Caretaker in the Wider World
As we go out into the world, ‘the family’ and with it, the head of the family or the main caretaker extends onto a more macro scale. The head of an institution becomes the caretaker. The headmaster or headmistress has a duty of care and protection : they are ‘in loco parentis’.
And so on upwards - the head of a large company where we may work has to duty of care that his employees are kept safe; we have local heads of government, police commissioners etc., whose responsibility includes the safety and protection of the citizens - this is achieved through law and order. And so we finally go to the top, and have the governments of countries, and their judiciary and courts, and the Head of State.
Governments carry the ‘caretaker’ role for the people, the citizens. They are entrusted with our ultimate safety, security and defence - against violence, against terror, unreason, and the break-down of law and order into chaos and tyranny. We entrust them to save us from barbarism.
It is because they have this extension of the caretaker role (a leader will sometimes be called ‘The Father of the Nation’), that when something goes badly wrong, we can feel betrayed. Our own personal memories of betrayal, which may exist in layers of many chapters, can suddenly be triggered. It matters not that physically, personally, we may not be anything like in proximity or involved in what has just happened.
A feeling of insecurity, of being totally let down, indeed of being betrayed, is experienced in the collective, the caretaker of which is the top of government and judiciary.
The shockwaves in the collective trigger our personal memories of our own past trauma. Just as happens when someone we know is bereaved, and we then suddenly recall our own bereavements, as clear as day. Our own memories are re-experienced within the present, integrated into the collective event.
When a member of the Royal Family (in Britain) for whom there is much affection, dies, one can see an outpouring of collective sentiment. Some may disparage it (as in, ‘well, how could they possibly have known her!’ etc), but the phenonomen of collective sentiment is very real, and contains more than the sum of its parts. As all collective moods, it will operate as a wave - a wave that may sweep reason aside.
5. Injustice Is So Like Bereavement
Injustice affects us as bereavement does. When we are bereaved, and perhaps especially when we lose a parent (our original ‘caretaker’), we are affected physiologically as well as emotionally.
Our fear responses are heightened, (sometimes called heightened arousal), our heart rate changes, our concentration and memory are affected, as too our ability to regulate our emotions (be overwhelmed by them); our perception itself is affected, including our perception of who we are ourselves, our very core identity.
It is very common to feel we have lost a part of ourself with the loss of the one we loved, or, importantly, who loved us. Their love for us was part of what made us feel valid. How many feel, when bereaved, lost themselves, - rudderless, as it were? We have to re-learn, and validate ourselves.
Why, you may wonder, are we discussing bereavement here? Because the responses that we go through (and it happens involuntarily) are the same as when experiencing the distress of injustice, or injustice trauma where it is extreme.
The same shattering of world-view is involved, and the same loss of security, which affects us fundamentally.
We need ‘safe-holding’ - first our parents provide this, then gradually other people and other structures out in society provide this keeping of us safe and secure. Being able to dependably rely on the administrators of just law to do exactly that is a very important part of our security. We trust them. We trust our government to use their powers judiciously, to look after our best interests, or at least to try.
If suddenly justice itself appears from every logical perspective to be in fact injustice, it is a great threat to our psychological security, for reasons I’ve tried to explain.
If the collective has been subject to such stress, then the process of repair or healing is required to happen in the collective, exactly as it is when the injustice stress or trauma has occurred on a personal level. It is just as essential. As one of our commentators said, ‘Silence is not an option’.
But fortunately, humanity is resourceful. We can all think of ways and times when people of every diversity have come together in adversity, and pulled together, in generosity, kindness and strength. There is the dual instinct in most people (who are not dysfunctional, damaged or disturbed) which is for both justice and compassion - civilized, just action - .. and when we recover from the adrenalin state, where one feels temporarily stunned in disbelief, we slowly regain our ability to creatively engage in the present.
6. How The Healing Process Works
Many people come and seek out counselling when they are recovering from extended periods of stress and distress, caused by a wide variety of reasons, and within a wide spectrum of severity. There are a number of effective techniques to aid the self-therapy.
These include understanding one’s own fear responses and calming these; recognizing personal triggers, and having a method to deal with flashbacks when they occur; working on acceptance, and being ‘grounded’ or anchored; and learning to create a feeling of safety and security for yourself in the present, and recalling the stressful time but placing it carefully in the past.
7. Narrative Therapy For RS And AK
Sollecito admitted to lies, Knox served three years for lies, and both are still on trial in Florence for many more. Even their best friends know that.
In order to make progress in recovery, with counselling, some sort of ‘narrative therapy’ is needed, where what has been so distressing can be processed and talked about from the perspective of the present, looking back and making sense - but not talking as if one is still there in the experience.
To be able to arrive at this narrative is an important healing step. But if instead, the story is made of fragmented flashbacks, and the talk slips back into the present tense, as if the person is there again at the scene…really this is not good news. (cf AK was doing this in one of her last interviews last year - the one where she talked about ‘the corpse’).
There is avoidance, where the person can’t bear to think about the stress, and there are intense flashbacks, re-lived, - which can re-traumatise.
The narrative that we seek, and that helps bring calm and the ability to move forward, is neither of these. But to reach the good narrative the person will have to go through the detail of the traumatic event, and face the pain it causes them. They will have to be truthful. The therapist helps them do this incrementally, within a very safe environment. It does work, but it takes time - the greater the trauma, the greater the time.
This knowledge is useful to anyone recovering from a major stressful life event, but the reason I mention it here is in thinking about our two ex-defendants. Stepping aside for the moment from the flip-flopping judgement delivered, - what concerns me is whether and how healing is possible - for everyone.
There are so very many deeply disturbing aspects to this dreadfully drawn-out case, - most have been noted. But one that disturbs me most is that the ex-defendants have wound themselves up to delivering false narratives to the media circuses - to the point where they can’t now recant them without getting their respective knickers in a complete twist, knots that can’t be unravelled, nor make any sense.
As it is, it seems we have two ghosts who held down Meredith, where Guede was the third man.
My serious point here being that, for their own sakes if no-one else’s, the ex-defendants will need to tell a truthful narrative, in order to find any kind of reasonable and balanced functioning in their lives.
Quite simply, healing will not be possible unless they arrive at telling a truthful narrative in the way I touched on above - even if this is in confidentiality, to a therapist, - it will need to be done. It cannot be done in fiction.
If they do not go through the necessary steps in the process as outlined - instability, gross insecurity, and states of fear and anxiety will persist, and the trauma can and will always re-emerge unpredictably, and haunt and shadow their lives with flashbacks.
This process is well-known, and well-documented.
This site is primarily to support the Kercher family, who are the genuine, innocent victims of the most appalling trauma - one that has been selfishly drawn out by ruthless external forces, thus putting their own recovery in jeopardy, and causing great suffering.
They should always have been put first, but now, at this point in time, it is more vital than ever.
They will need, as all victims in recovery, to be able to make their ‘good narrative’. But they cannot fully do so without the truth - even if it has to remain just a sketch of the truth. I wish with all my heart they can find the whole narrative that they need - I do not know how at this point, with so much obfuscation abounding.
But I do not give up hope : healing can always arrive, for those with good will, and good hearts…so however long it takes, I have faith that it can, and it will.
Archived in The former defendants, Amanda Knox, Raff Sollecito, Crime hypotheses, The psychology, Pondering motive, Meredith-case hoaxes, Demonized pair hoax
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Tuesday, March 31, 2015
A Shaky Castle Of Cards At Best: The Long-Term Fight For Legitimacy Begins
Posted by The TJMK Main Posters
1. Current State Of Play
As we so often hear, true justice has to be SEEN to be done.
At the end of the day it’s the legitimacy that counts - whether most informed people buy in - and the fight for this could play out over years.
Maybe that was on the minds of the tense Sollecito lawyers seen above after the surprise outcome was announced. Can those five judges make what seemed like a shoot-from-the-hip decision stick?
Back in 2009 the prosecution put on a very fine case, after Knox and Sollecito had failed six great opportunities in 2007 and 2008 to be let out. Prosecutors touched all the bases fast and, including what was presented in closed court, offered a very legitimate case for guilt which a unanimous panel of judges bought into.
Defense attorneys were rumored to be despondent and they never really hit a high point. Sollecito talks in his book about Maori having little conviction in him. Bongiorno was said to feel the same way and to not like Sollecito very much. Several times she was a surprise no-show in court. Ghirga was affable but uncomfortable, and sometimes he dozed off.
Was there under UK and US common law a strong case for an appeal? Under UK and US law an appeal must be requested, and a judge must decide. We have yet to read one opinion by a UK or US judge (and yes, they do write) that a case for granting an appeal was very strong.
In other words, under UK and US common law, the unanimous verdict and sentence would almost certainly have been it. All three would be serving their terms, and five years ago the whole world would have moved on.
In 2010 a clear case of judge-shopping occurred. Dont take our word for it - the senior and very experienced criminal-law Judge Chiari openly said he had been pushed aside as he resigned. He had been one of Italy’s finest prosecutors, and mentally and in terms of the law and grasp of the facts he was a giant compared to the bumbling ill-qualified Hellman, a business judge with only one other murder trial (a fiasco) in his past.
Throughout 2011 legitimacy swayed this way and that. The prosecutors began to smell a lot of rats and Prosecutor Comodi publicly said so. The chief prosecutor Dr Galati (who had just arrived from the Supreme Court) maintained that it didnt altogether matter, because he just knew the Supreme Court would throw a bum outcome out.
He was right. In March 2013 the elite First Section of the Supreme Court threw the bum outcome out, except for the part about Knox framing Patrick for which she had served three years.
The elite First Section handed the case back down to a new court, the Florence appeal court.
The Florence courts are staffed with very fine prosecutors and judges as they often handle national cases. Right now that court is handling a major investigation into national government corruption on a grand scale, Knox adulator Rocco Girlanda is one of those named.
National politicians under the gun like to knock chips off the courts given half a chance. Ex PM Berlusconi’s allies were said to have this as a fairly consistent aim. Any outcome ever in Rome which takes the Florence courts down a peg (as now) gets a lot of close looks.
Rumors abound in Rome that the president of the group of five judges and maybe one other felt the outcome of the Florence appeal court was the right one. If this is true, they may have never bought in and may now be only going through the motions with a forced grin.
The president of the court already issued an explanation of sorts. This has many in their peer group - the Council of Magistrates (which edged Hellmann out - refused him a promotion so he had nowhere to go) and all of the other judges and prosecutors in Italy - scratching their heads and wondering how in the Sentencing Report the circle can be squared.
Meanwhile on other fronts legitimacy is now on the line. Sollecito is due back in court in Florence on false claims in his book on 30 April. Knox’s calunnia trial is due to resume again shortly in Florence with expanded charges targeting false claims in her book. The Oggi trial for quoting false claims in Knox’s book has a testimony session 16 June.
The final verdict and sentence maybe cannot be wound back and their chances of serving more time for murder and a sex crime are remote. (Knox could be sentenced to more time at her second calunnia trial).
But the circumstances in which they are walking around may come to look very odd. The Supreme Court actually can be sued now for an inexplicable outcome, and made to take another look.
The President of the Italian Republic (who is the ultimate head of the justice system) can be petitioned to step in. Political parties like Beppe Grillo’s astonishingly popular Five Star Movement (said to be already snooping) have a lot of power to make things come unstuck. .
So, in the months and even years ahead, this is clearly going to be a long game, with legitimacy as the ultimate prize. Sorry, Sollecito and Knox, but it aint over till the fat lady sings.
2. New Developments Indicate Concern
Seven developments in this race for legitimacy points suggest that the RS and AK camps are very concerned about it, and are not at all sure what to do.
1) Francesco Sollecito is quoted as asking Guede to endorse the outcome. Guede already said the opposite although his main statement was in the annulled Hellmann appeal. Aviello is still on trial by the way, in 2011 he pointed at the Sollecitos as not playing by the rules.
2) Francesco can be sure Guede wont actually speak out, as he will have his own legal action in the works to get his case reviewed. That could go to another section of Cassation and if they rule differently really open a can of worms.
3) Sollecito has spoken out heatedly and vengefully on Italian TV in effect wanting the Italian state to pay him off in a big way and everybody else to believe him or shut up.
4) Bongiorno publicly disagreed with him and she said such actions need to be considered with a cool head down the road.
Report on the Il Tempo website.
Lawyer Bongiorno. “In the coming days we will evaluate request for compensation,” announced Raffaele’s lawyer, Giulia Bongiorno, after the acquittal of the young man for the murder of Meredith Kercher.
“There are feelings of revenge in Sollecito’s soul,” added the lawyer today. “We will wait for the motivations. Not thrash/lambaste those who might have done [Sollecito] wrong.”
“We’ll see if there were errors and what measures and initiatives could be undertaken. Civil liability - she concluded - is a serious institution that should not be exercised in the spirit of revenge.” (Translation by Guermantes on Dot Net)
5) Barbie Nadeau quotes an Italian expert who says that because RS and AK both provably lied to the police and led them astray, any claim for compensation could be dead on arrival.
Bongiorno may already realise this. She may also realise that having a litany of lies read out hardly advances their quest for legitimacy points.
6) This is previous news. Bongiono passed on being the lead lawyer in Sollecito’s book case. Nothing could cost legitimacy points more than a loss at the Florence trial on the false claims in RS’s book.
Note that at the moment few Italians - including Cassation - know what is in the book. It is possible Bongiorno wants to make herself scarce before the legitimacy points just gained head down the tubes.
7) The Fischer disinformation group (see posts coming up) has moved from shrill to frantic harrassment mode.
Let’s guess. Bongiorno and the other Perugia lawyers would think that a really bad idea, as Knox and RS are still on trial and abuse wont make that go away. Legitimacy if any will come not from strongarming but from cool heads.
Here’s betting all 4 main lawyers and both families would like to keep RS and AK on a really short string. Nothing will screw them like yet another of their open spats.
Right up to last week RS was still distancing himself a mile from Knox.
Archived in Officially involved, The defenses, Supreme Court, Appeals 2009-2015, Cassation appeal 2
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Monday, March 30, 2015
Appeal By RS And AK Against Florence Court Verdict: The Supreme Court Dispositivo
Posted by The TJMK Main Posters
1. Dispositivo issued by Judge Marasca
Dispositivo: VISTO L‘ART. 620 LETT.(A) C.P.P.; ANNULLA LA SENTENZA IMPUGNATA IN ORDINE AL REATO DI CUI AL CAPO (B) DELLA RUBRICA PER ESSERE IL REATO ESTINTO PER PRESCRIZIONE; VISTI GLI ART. 620 LETT. (C) E 530, COMMA II C.P.P.; ESCLUSA L’AGGRAVANTE DI CUI ALL’ART. 61 N. 2 C.P. IN RELAZIONE AL DELITTO DI CALUNNIA, ANNULLA SENZA RINVIO LA SENTENZA IMPUGNATA IN ORDINE AL REATI DI CUI AI CAPI (D) ED (E) DELLA RUBRICA PER NON AVERE I RICORRENTI COMMESSO IL FATTO; RIDETERMINA LA PENA INFLITTA ALL RICORRENTE AMANDA MARIE KNOX PER IL DELITTO DI CALUNNIA IN ANNI TRE DI RECLUSIONE.
seen art. 620 lett. A) c.p.p.;
annuls the impugned verdict as for the charge in count B) of the indictment section because the time of limitation of the offence has expired;
seen articles 620 lett. L) and art. 530 second paragraph of c.p.p.;
excluding the aggravating circumstance under art. 61 n.2 c.p. in regard to the felony of calunnia, annuls the impugned verdict without remand as for the crimes charged in counts A), D) and E) of the indictment section due to the recurrents not having committed the crime; re-determines the penalty inflicted to recurrent Amanda Knox in three years imprisonment for the crime of calunnia.
2. Some analysis by Machiavelli
Main poster Machiavelli (Yummi) reported the Fifth Chambers proceedings in previous posts. He advises:
(1) The statement “because they did not commit the crime” does not imply a finding of innocence under Italian law; and when the art. 530.2 is mentioned there is no possibility of a finding of innocence;
(2) There are major legal blunders: the Cassazione is not allowed to make any finding of facts of any kind, it does not assess evidence directly, and it may not mention 530.2.
(3) Also it cannot re-determine the penalty for calunnia, since the penalty for calunnia was already definitive.
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Saturday, March 28, 2015
Meredith May Not See Justice (Yet) But She Will Leave At Least Three Legacies
Posted by Peter Quennell
So much of human organization is messy and very hard to make better. She would have found that. But somehow, often in a terrifying lurch, systems do sometimes tend to get better.
These better systems between them benefiting millions may all be attributed to Meredith. More than 99% of humanity can achieve in a lifetime.
1) Perugia is a safer more thriving place now
This is a repeat of our post of 9 April 2010 - there has been a mayor-change, but the broad safety and economic trends continue.
Meet Wladimiro Boccali. The mayor of Perugia.
A year ago when Mr Boccali ran for office (video above) it was in the context of a city-wide desire for prosperity, public safety, support for the police and the court system, the enhancement of Perugia’s reputation, and the clamping down on drug dealing and student excesses.
A mood that very much flowed from the shock of Meredith’s passing. A sense that certain things had gone too far.
Since then, Mr Boccali has been in the Italian national news almost daily, and he is coming to be seen as the kind of political leader Italy could really use in a turbulent future.
He is in the news again right now, because there was a riot in the main piazza of the old city by some drunks late last saturday night.
In part inspired and encouraged by good town leadership, Perugia’s economy is now one of the more thriving city economies in Italy. Perugia’s median IQ is extremely high (Perugia is probably one of the smartest cities in Europe) and a lot of very advanced research goes on there.
Perugia’s town administration does many caring things, such as the special city council meeting for Sonia Marra.
And seemingly attracted by all of this, people are moving to Perugia in droves - its population is increasing at double the national growth rate.
So. Meet the new Perugia. Meredith’s own qualities, writ large.
Since that post Perugia and the university have recognised Meredith by way of a scholarship and a one-day seminar.
2) American universities acted to stop future Knoxes
Knox behaved grossly irresponsibly in heading to Perugia under-funded, intent on drug-doing, and with zero intention of seriously studying.
The University of Washington and many others realised they could have huge liabilities if they did not distance themselves a lot from such loose cannons in future.
In October 2009 we reposted this report by Andrea Vogt which described the initiation of measures many American universities have now come to implement.
Mirroring a nationwide trend, the University of Washington is overhauling how its students and professors interface with foreign countries….
The UW study abroad experience today involves much more oversight than it did two years ago when Amanda Knox left on an unsupervised European adventure that quickly degenerated into a nightmare.
When Knox, who is on trial for murder in Italy, left her familiar U-district environs in late summer 2007, she embarked on her own independent study in Umbria with very few guidelines or institutional oversight.
She arrived in the tolerant student melange of Perugia, a vibrant college town with temptation at every turn and many paradoxes (drug deals and party plans are often made on the steps of the cathedral).
A month later, the honor student’s pub-crawling, pot-smoking college shenanigans had taken a very serious turn and she was being hauled off to the Capanne penitentiary, where she remains today, pleading her innocence as the trial and controversial accusations against her plod forward.
Once her troubles began, the university tried to offer support, but had very few official guidelines to follow for responding to the kind of complicated legal-judicial matter Knox faced.
It’s different now….
In the wake of several negative overseas episodes, officials are busy raising awareness about the positive impact the UW is having worldwide and taking steps to improve communications, regulation and emergency preparedness for its students abroad.
Compared with two years ago, international education officials are more closely tracking who, where and what study-abroad programs involve. The university has new rules:. The department chair has to sign off on the program. Insurance is required. So is a cell phone. No program money can be used to buy alcohol, just for starters.
“There’s a much more formal process now,” said Taso Lagos, a UW professor who teaches international communication and manages a study-abroad program in Greece. “With administrators that are very aware, with lines of communication open and policies in place if something happens.”...
The UW’s growing commitment to international education—- even in a budget crisis—is reflected in some developments. [UW Vice Provost for Global Affairs Stephen Hanson] was named a vice provost in January, and in the spring, the UW dedicated an entire wing of the Gerberding Hall administration building to growing an international mission and profile.
This year, a travel security and information officer is coming on board to oversee emergency response and preparedness, as is Peter Moran, a new director of international programs and exchanges who previously worked at the Fulbright Commission office in Katmandu, Nepal.
New guidelines are being put in place to streamline communications, ease financial transactions and institute mandatory training for faculty taking students abroad. The Global Support Project, a rapid-response team with one person from each branch of the central administration, takes on cross-disciplinary international challenges.
Such reforms aren’t unique to UW.
Universities across the country are examining how better to organize study abroad to meet blossoming demand from students (and prospective employers) for foreign experience. Many are turning to independent service providers whose business it is to contract housing, health care or niche risk management services dealing with legal, financial or public relations crises when things go haywire abroad…..
Though the university bore no responsibility for any of the events Knox became entangled in, media across the world continued to mention the University of Washington—whether it was because of character witnesses who were her college buddies, reports of wild off-campus parties Knox attended in Seattle or her studies while in prison.
3) Italy’s justice reforms will be nudged hard
Polls have show that though Italians admire and trust their justice system and especially the brave people within it (over 100 have died fighting mafia) a majority would like some rebalancing toward victims and families.
Justice reforms are now on the national agenda. What happened in Rome yesterday to deny Meredith justice is stirring Italy and seems certain to impact them.’
Court days to flow continuously? Some backing off from automatic appeals? No juries at the second level? Prosecutors and judges to be allowed to speak out more? Maybe in lieu of some of those onerous sentencing reports? Limits to defendants talking without cross-examination in the courtroom?
These are not extreme, they are mainstream in the common-law system, and they would speed Italy’s up, make it fairer, and cost less (a lot less!).
All incredibly worthwhile. For one so young, in death Meredith may come to help millions for the better.
Archived in Concerning Meredith, Her memory, Italian justice v others, The wider contexts, Perugia context, Italian context, American context
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Friday, March 27, 2015
Supreme Court Appeal By RS And AK Against Florence Court Rejection Of Their First Appeal #2
Posted by The TJMK Main Posters
Tweets from the court
New tweets from the court if any (we may have to wait for breaks) are being added under the various author’s names below. Numbering flows from Wednesday’s post.
Any breaking news
22. Reason for delay in the announcement is paperwork we believe, there were dozens of reasons for an overturn in the two written appeals, and they would have to be responded to one by one if appeal is denied. The Telegraph seems to be planning a live website feed though it may be from outside. .
21. Here is where Sollecito is headed if he makes it before any guilty verdict and the 2 police cars in his rear mirrors him stop him and take him in: 41°14’37.80"N 16°29’2.50"E Put that into Google Earth search and then descend to street view. Thats the gate for the compound, chez Sollecito is a couple of houses down on the left. Francesco Sollecito has addressed crowds of reporters there.
20. Video here of RS and his sister Vanessa leaving by side entrance, possibly for Bari. As Florence prosecutors are in court, this may be his way of ensuring he is not photographed being frogmarched out of there.
19. Knox undercut her own defence by stiffing Florence court. Could in new Florence trial face more years for criminal defamation. Moore & Burleigh & Fischer & other PR shills may face citations too, as their excesses outnumber those of Gumbel and Sforza already in court. Tweeting stalkers too. Communication Police looking now.
18. Italian ANSA report is calling RS lawyer Giulia Bongiorno’s address to the court “Bye Bye Amanda” as she says only questionable DNA relates RS to scene of crime. [Oh? Several footprints? Opposing knife wounds? Multi alibis? Computer? Cellphone?]
17. Media, please get it right: Amanda Knox was not “tried in absentia” at Florence “trial”. IT WAS HER OWN APPEAL and Italian lawyers argued with her for a week that she really needed to be there. Having abused so many in Italy, and put drug dealer in jail, was her no-show really such a surprise?
16. Strong-arming unethical Gogerty-Marriott PR firm closes down in Seattle with a final dishonest thump of the chest. Said to be freaked by potential legal liability. Maybe Knox herself should sue as they made her plight much worse.
15. So NYC Sollecito advisor John Q Kelly shows his face again. He was wildly wrong on the hard facts late 2009 and promptly disappeared.
Tweets from journalist Andrea Vogt
17. Heavy media & police presence at Italy’s high court this a.m. for final hearing in #amandaknox case. Sollecito’s defense at 9.
18. Raffaele Sollecito’s Italian and American lawyers Giulia Bongiorno & John Q Kelly just greeted in hall outside Aula Magna
19. Giulia Bongiorno on the lack of DNA from #amandaknox and sollecito in murder room: only a dragonfly leaves no trace.
20. Bongiorno casting doubt on forensic police dna interpretation. “Maybe, in science, does not exist. Either it is Raffaele ‘s dna or not.”
21. High court judges in #amandaknox case are going into deliberations now. They will alert all one hour before they announce decision.
22. Court can: 1) call appeal [outcome] inadmissable 2) accept it 3) reject it 4) annul convictions & back to appellate 5) annul convictions.
23. Members of Florence prosecutor’s office are at Rome court today for decision on #amandaknox / Sollecito appeal of their convictions.
24. #amandaknox convictions have been completely overturned. She is a free woman.
25. Both raffaelle Sollecito and #amandaknox convictions have been fully overturned. Cries of joy in courtroom from sollecito’s family
Tweets from main poster Kristeva
15. Follow @andreavogt as she has better phone reception than me. I apologize
16. Much larger crowd today attending the final hearing for #amandaknox & #RaffaeleSollecito
17. The general feeling among reporters is that #RaffeleSollecito might get a second appeal. no chance 4 #amandaknox
18. Several reporters interested in http://Themurderofmeredithkercher.com and will call me to have more info in the next days
19. I was asked how the #MeredithKercher support website started and I gave the whole history
20. Spoke to Maresca to thank him and in return he thanked our volunteer work for http://themurderofmeredithkercher.com
21. Reporters were also interested in PR machine for #AmandaKnox and I referred them to http://TrueJustice.org
22. After Bongiorno, Maori will give his arguments and Judges with enter chambers to deliberate verdict
23. Timing of verdict for #amandaknox and #RaffeleSollecito unpredictable. May justice 4 #MeredithKercher prevail. My prayers for family
24. [6.15 am US east coast time] Maori finished. Judges have entered chambers to deliberate verdict.
25. No more appeals. Case over #amandaknox #RaffaeleSollecito acquitted for murder of #MeredithKercher #SHAME
26. I am shocked
Tweets from main poster Machiavelli
17. [no tweets yet]
Tweets from journalist Barbie Nadeau
4. High court now deliberating fate of #amandaknox and #RaffaeleSollecito in #MeredithKercher murder case.
Archived in The former defendants, Amanda Knox, Raff Sollecito, Officially involved, Supreme Court, Appeals 2009-2015, Florence appeal, The Nencini Report, Cassation appeal 2, Knox extradition
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Wednesday, March 25, 2015
Supreme Court Appeal By RS And AK Against Florence Court Rejection Of Their First Appeal
Posted by The TJMK Main Posters
Tweets from the court
New tweets from the court are all being added under the various author’s names below. This will continue Friday for sure.
Any breaking news
13. Court is over for the day and will resume on Friday.
12. La Nazione reports: “The judgment of the Supreme Court on the murder of Meredith Kercher will not arrive before Friday 27, the day when the judges will meet in closed session. This was announced by the President of the Fifth Criminal Chamber of the Supreme Court, Gennaro Marasca, during today’s hearing.”
11. We dont know the local telephone network capacity there. But many cellphone transponders can handle only 24 calls at a time. Demand for “outside lines” could number in the hundreds from the entire court. Maybe there’s an open WAN but we doubt.
10. Regardless of outcome Knox legal problems could go on for years. Since 2009 she has faced calunnia charges for lying on the stand. Possible sentence six years. Now Florence court has added calunnia charges for lying in her book, in Oggi, on her website, and on American TV. Perception going back to Ricciarelli is she is dangerous and hurts people, even if final murder verdict is not in.
9. Popper says of Dr Pinelli: “In his late 50s (a young man ref Cassazione average), a career both in Abruzzo region (Avezzano where he was born in 1957) and L’ Aquila, and then Naples in the Procura Generale; then promoted to Cassazione. Very much acquainted with murders and organised crime.”
8. Popper says of Dr Marasca: “Section President of Cassation [one of the few] and member of Consiglio Direttivo, a sort of Executive Board of the Supreme Court ... one of the most experienced magistrates in Italy, born in 1944. Since 1970 a magistrate.”
7. News service ANSA: “The head judge is Gennaro Marasca. The lead prosecutor is Mario Pinelli. After the prosecutor has spoken it will be the turn of Maresca (for the Kerchers). Then they’ll hear from Bongiorno and Maori, Ghirga and Dalla Vedova”.
6. New report with today’s date from Barbie Nadeau on the CNN Website. Seems CNN like most US media no longer solidly in Knox camp.
5. The Court has placed a ban on live tweeting from inside the courtroom, where mobile phone reception is poor anyway. Reports will come during the breaks.
4. Best guess at timing of decision is late PM US East Coast time. In 2013 it came the next day.
3. As with previous court outcomes, expect long-form analyses of outcome by Machiavelli etc within the next few days.
2. New York Times’s Elisabetta Povoledo provides a good overview of today’s context.
1. See our own scenario for today and coming weeks in the event the Florence verdict and sentences is confirmed.
Tweets from journalist Andrea Vogt
1. Raffaele Sollecito is here in court, speaking with his lawyer Giulia Bongiorno. #amandaknox lawyers and Patrick Lumumba also present.
2. Cannot tell how the court is leaning. Reviewer made hurtful and helpful comments to both sides. Still could go either way. #amandaknox
3. Court pres Gennaro Marasca calls break until 2:30. PG Mauro Pinelli has another hour of arguments. Arguments & ruling could be Friday
[break for lunch]
4. There is a sense among some observers that the Court is differentiating between positions of amanda knox and raffaelle Sollecito.
5. Maresca: I am representing the Kercher family in court for the 8th time. I hope this will be the last arguments I give on their behalf.
6. Maresca: It is time for the Kercher family to finally be able to remove this poor victim from the law courts.
7. Ghirga: “its not that we want to blame the poor black guy, its that you cannot rule out a single aggressor.”
8. Lawyer Luciano Ghirga: The scientific evidence favors #amandaknox (no trace of her in the murder room).
9. Carlo dalla Vedova has launched a blistering attack on the state of Italian justice system and the problem of “the neverending trial.”
10. Dalla Vedova for #amandaknox: How can we tolerate in Italy that trials can go on forever?
11. Hearing over for the day. Raffaelle Sollecito’s defense will continue Friday, march 27.
12. Ghirga: “its not that we want to blame the poor black guy, its that you cannot rule out a single aggressor.”
13. Lawyer Luciano Ghirga: The scientific evidence favors #amandaknox (no trace of her in the murder room).
14. Carlo dalla Vedova has launched a blistering attack on the state of Italian justice system and the problem of “the neverending trial.”
15. Dalla Vedova for #amandaknox: How can we tolerate in Italy that trials can go on forever?
16. Hearing over for the day. Raffaelle Sollecito’s defense will continue Friday, march 27.
Tweets from main poster Kristeva
1. I have arrived outside Section V. Sollecito, father and Greta. Poor [cellphone] reception.
2. Spoke to Avv. Maori & asked him who general prosecutor is and he doesn’t know yet. there are 2.
3. Andrea Vogt has just arrived and speaking to Avv. Ghirga
4. American British Journalists are all talking to Avv Dalla Vedova now.
[court session starts]
5. Relator Judge P. A. Bruno laughs once and while getting names wrong such as Hallowo instead of Halloween.
6. Prosecutor finds Rudy’s climbing up wall 4 numerous times “crazy”
7. Paolo Antonio Bruno knows the case extremely well without ever looking at his notes.
[court breaks for lunch]
8. Prosecutor has ended. He asked without remand 28.3 yrs #amandaknox and 24.9 for #raffaelesollecito
9. Bongiorno has asked to speak on Friday so most likely verdict will be then.
10. Pacelli now on civil case for Patrick Lumumba
11. Maresca has now concluded. Confirms all points made by Nencini, the general prosecutor and Galati
12. Maresca was brief and concise and said that after 8 years he hopes this is the last time he has to make same arguments
13. Maresca says that everything asked by #amandaknox and #RaffaeleSollecito has already been asked at Perugia and Florence trial.
14. Maresca makes a big point about pages re Conti & Vecchiotti and calls them on their lie.
Tweets from main poster Machiavelli
1. Reporting Judge at SC for the Meredith case is Antonio Paolo Bruno.
2. The Prosecutor General is Mario Pinelli. President Judge is Gennaro Marasca.
3. PG said the Florence sentence “respects the indications set by the Cassazione”
4. PG: says courts, based on findings “correctly established that the theft was staged”.
5. PG: court “pointed out correctly” that there was a staging “in order to side-track investigation”
6. PG: “3 people attacked the victim” and “there was no fight” unless you mean “attempts to defend herself by restrained victim”
7. PG: Florence decision not to repeat computer analysis on Sollecito’s laptop is “not censurable”
8. Sollecito reported nervous when PG observes computer data defence objections are irrelevant to alibi.
9. PG: Florence refusal to order anthropometric investigation on CCTV images is “adequately motivated”
10. Pinelli: phones removed because by “ringing in the home” may have caused early discovery of the crime.
11. Judge Bruno (like Zanetti) had said the trials had “not many certainties” beyond the girl’s death and one definitely convicted.
12. PG Pinelli said some minor charges have expired, thus Florence should re-assess penalties with slight reduction due time limitation laws.
13. Antonio Paolo Bruno is the Supreme Judge who was accused of conspiracy with Mafia by prosecutor DeMagistris in 2006.
14. Pinelli asked 3 months cut from both penalties (weapon carrying). But this cut may technically require intervention by Florence court.
15. Maresca says that everything asked by #amandaknox and #RaffaeleSollecito has already been asked at Perugia and Florence trial. Enough.
16. Maresca makes a big point about pages re Conti & Vecchiotti and calls them on their lie.
Tweets from journalist Barbie Nadeau
1. Judge confirms verdict will be Friday in #MeredithKercher case.
2. Prosecutor in #AmandaKnox case asks to trim 3 months off Knox’s 28 year 6 month sentence.
3. Reason for shaving 3 months off sentence in #AmandaKnox case is statute of limitations in theft charge.
Archived in The former defendants, Amanda Knox, Raff Sollecito, Officially involved, Supreme Court, Appeals 2009-2015, Florence appeal, The Nencini Report, Cassation appeal 2, Knox extradition
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Monday, March 23, 2015
So Is James Moninger The One Moonlighting As Anonymous Spokesman For Dept Of State?
Posted by Ergon
Above: the unfavorable context which persuades Sec of State John Kerry to stick most carefully to the rules
ThIs morning’s report noted an increasing flow of anonymous claims that Knox’s extradition is not in the cards
Also there is a certain sameness in all of the news reports of secret State Department agreements and assurances alleged to save Amanda Knox from extradition. This is a very typical one.
Paul Thompson in The UK Express for Sunday 22 March 2015 2015
US officials: Amanda Knox will never go back to Italian jail
AMANDA KNOX will never be extradited from America, even if an Italian court this week upholds her conviction for the murder of British student Meredith Kercher, according to US sources.
“Lawyers for Knox, 28, are confident she will remain free even if Italy asks for her to be sent back to resume a 28-year jail sentence.
US State Department sources say the uncertainty of the case against Knox means they will not agree to any extradition request.
Knox also has a huge amount of public sympathy in the US where she is seen as a victim of a miscarriage of justice by a foreign court.
A source at the State Department said: “There is a feeling that the whole case is flawed and that a US citizen should not have to go to jail because of that. If there is an extradition request from Italy it will be denied.”
This question, who is the State Department source (Burleigh calls him ‘American diplomat’), came up in my previous post.
- Former US Ambassador David Thorne?
- Some low level employee at State or Justice?
- Completely made up by Anne Bremner and co?
So I reached out to my sources and this is what they told me informally for general background.
They considered it extremely unlikely that Ambassador Thorne or any one in Rome would pass on such assurances to Anne Bremner or even the likes of Nina Burleigh. While they could not confirm whether high level talks had taken place they did point out that John Kerry, as Secretary of State would respond differently now than when he was in the Senate and pointed to his statement “he would do his duty”.
And Italy had a new government and foreign secretary, so the latest news reports seemed entirely made up. State and Justice had been following the case quite closely and they were not going to risk offense to Italy for this case. Not to say they hadn’t been nervous when Knox went back to the US and got such heavy hitters in the media go to bat for her, but, also duly noted that public support for her was really paper thin.
This left either a made up story or some low level civil servant speaking out of turn with personal opinions … we know that The FOA lie, but also, they sometimes seize on a wisp of rumour, or some ‘source’ whose importance they tend to exaggerate.
We know about retired Justice Department lawyer J. Michael Scadron who’s been saying State and DOJ would never allow extradition. There’s even a photo of him at the Vashon Island gathering, in all his fan boy glory.
But then another person showed up on my radar. Take a look.
I’m so tired of debating with the kooks, but when some members asked me to help them out on a closed Facebook Page (275 members) Amanda Knox and Raffaele Sollecito Roundtable which was run and overrun by FOA I joined to help out.
It turned out one of the admins was a State Department employee called James Moninger who is indeed, a ‘diplomat’, working in some role for State in Hawaii. Consular, maybe.
His Facebook friends are the entirety of the FOA it would seem (see some below), and he is an active member and admin of several other pro Knox groups. Quite the fan boy too, it seems.
He hemmed and hawed about my inclusion but within the course of a few hours I was bounced out of the group twice. He wrote to me:
“I am writing to confirm that I removed you from the Amanda Knox Roundtable group. This was my decision, and I have advised the other administrators accordingly.
Earlier in the day I received a plea from one of the group members who claimed that you have harassed her in the past and contacted her employer. I have no opinions on this issue, but as site owner I am unwilling to take on a potentially significant liability.
Please don’t feel that this action was in any way predicated on the opinions you expressed in the forum.”
Here is my reply:
“It’s your group and you’re welcome to do as you wish. That you didn’t give a chance to respond to the (false) allegation is par for the course and no loss for me. As you know, I have far bigger platforms to present my views; it was YOUR group that invited me to participate in the first place.
I already know the source of that slander from other forums and will respond appropriately.
You should also know I’d contacted the State Department previously concerning the Daily Mail and Express articles that “sources in the State Department” have said “Amanda Knox will never be extradited to Italy”.
Imagine my surprise to see you are the owner of this pro-Knox debate site, and membership in several others, which you have every right to. However, since your bio says you are a State Dept. employee, and your rather lengthy list of friends and followers have been actively advocating that Knox would never be extradited, with all sorts of references to internal department sources it is my responsibility to ask for comment:
1. Have you in any way told them the State Department would deny an extradition request?
2. Have you advised the Amanda Knox campaign in any way how to lobby the State Department or how it would respond to an extradition request?
3. Please explain the following comment on the Amanda Knox blog on February 7, 2014 at 20:38.
“Concerns about this case would more appropriately be directed to the US Department of State; not to Congress. There is little or nothing the legislative branch of the government can do to affect treaties that are already in place. (Senate hearings, etc. are not the way the federal process works.) Using profanity with senior members of Congress can never be helpful.
I am hopeful that the State Department is watching this case carefully and is prepared to choose the correct path, whatever that may eventually entail, to protect a US citizen from any further violations of human and legal rights.”
Are you, as a State Department employee, stating that Amanda Knox’s human and legal rights were violated? In a G7 country? Would you like to retract it?
I will be writing my story in 48 hours or so. Please reply at your earliest”.
He never replied, and it’s been a while though he did agree with someone else who called us “haters” ?
Conclusion: I will end with this. PMf/TJMK member Odysseus wrote to UK Foreign Secretary Philip Hammond, expressing his concerns. He got a reply from the North America Department of the Foreign and Commonwealth Office:
“If the Italian authorities were to make an extradition request to the US Government, we would expect that it would be considered in accordance with US laws.”
Funny sort of a coincidence, but. I sent a list of questions three days ago to the Kerchers through an intermediary. Q. 4 was “Will they call for extradition Amanda Knox if she’s convicted?”
I know they haven’t received it yet, but, in The Sunday Times the Kercher family say Knox must be extradited
Tom Kington Rome
March 23 2015
“Amanda Knox must be extradited from the US if her conviction for murdering Meredith Kercher is upheld by Italy’s supreme court this week, the family of the British student have urged.”
“Meredith’s family hope that the sentence is upheld and the law is carried out to its fullest extent,” said Francesco Maresca, a lawyer representing the family. “If that means extradition for Knox, that’s what they want.”
Archived in Meredith-case hoaxes, No-extradition hoax, Family + defense hoaxers, Knox-Mellas team, Sollecito team, The wider contexts, American context, More of them
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Did The State Department Really Offer Assurances To Amanda Knox She Never Would Be Extradited?
Posted by Ergon
1. The Current Italy/US Extradition Treaty
As repeatedly explained here by posting lawyers the Italy/US treaty is deliberately written to exclude any politics.
If either nation has arrived at a guilty verdict of someone currently in the other nation by following its own laws, then the other nation deliberately has no legal option but to extradite them to serve their term.
So far neither nation has ever refused to do what the treaty says and so far politics has never intervened. That helps both nations in pursuing other extradition cases around the world.
2. Claims By An Anonymous Source
“Will Amanda Knox Be Dragged Back to Italy in Murder Case?” This was by Nina Burleigh in a cover story in Newsweek on March 19, 2015 quoting an anonymous source.
A State Department source tells Newsweek that diplomats in both Italy and the U.S. expect an extradition request to be denied: “I don’t think either Italy or the U.S. wants a major burr under our saddle in terms of relationships between our countries, and this would be that, if the Italians pushed it.” If they do, the source adds, there “is not any way” the U.S. will arrest Knox, nor will it have her declared a fugitive.
The elected Italian government in Rome is separate from the judiciary, and traditionally the two branches do not have warm relations. “I know the Italian government was rolling its eyes” over the prospect of the case reaching this phase, the State Department source says, adding that Rome faces “a real political problem” if the judiciary requests extradition. The American diplomat predicts the Italian court won’t ask to extradite.
It seems that ever since Amanda Knox was wrongfully acquitted by the Hellmann appeals court of Perugia in 2011 we have been inundated with unsourced reports that “the United States would never extradite Amanda Knox.
Going back several years to the Daily Mail, Guardian, The Express and various American media, they all seemed to be reading from the same script:
- She hadn’t received a fair trial.
- American public opinion would ‘never allow her to be sent back’.
- The Secretary of State would quietly prevail upon his counterpart in Italy to not request extradition.
And, as the final appeal of Amanda Knox and Raffaele Sollecito came up to the last stretch it seemed that these same hacks were repeating the same talking points, even though much has changed since 2011.
These were the basic points, reported over and over in the main stream media till it almost seemed like a guarantee. So I have been looking for the last three years to verify the truth of that. And, who made that promise, if any were made? These were the basic parameters of my search, and I had to tune out the background noise of ‘double jeopardy’ and ‘dueling extradition experts’.
Then I had to look for the ‘unnamed source’ quoted in all the news reports.
These possibilities came up:
- WA US Senator Maria Cantwell spoke to her colleague Sen. John Kerry of the Senate Foreign Relations Committee who spoke to his brother in law David Thorne, the former US Ambassador to Rome, who passed on a quiet message to the Italian Foreign minister. But would they ever speak on or off the record to reporters or like it very much if it was going to be bruited about?
- Mid-level Friends Of Amanda Knox like Anne Bremner and Judge Heavey had received vague assurances from Senator Cantwell; somehow extrapolated as iron clad guarantee that Knox would never be extradited, never mind there has not been any precedent I can find that would apply to a similar case like this.
- Someone in the Department of Justice and/ or State is feeding them shite.
- The FOA are making it all up. That last was my favourite, given that they are led around by people like Steve Moore, Bruce Fischer, and J. Michael Scadron.
3. My Search For The Truth
This has been an interesting journey, and as always, things seem to just come together at the last moment. It has helped that I have been watching diplomatic activity up-close all my life.
My father was in the Pakistani Foreign Service stationed in London, so, shortly after I was born, lived in the UK from age 0-3, then with the Pakistan Embassy in Tokyo from age 3-8. We were a cosmopolitan group of embassy brats going to St. Mary’s International School. My friends were American, Iranian, Turk, Indian, East German, Canadian, New Zealand, points all over. Their parents were all diplomats and I made lifelong friends. My father could have received a posting as assistant to the ambassador to Washington D.C. after that but fate prevailed as he’d been stationed out 8 years and had to be rotated back to Pakistan.
Since that time I kept in touch with my friends and also developed this passion for International Relations and Geopolitics. Travelling to the US and other countries but also meeting over the internet, made many more friends at various levels of the State Department. Saw the changes there as respected career diplomats got replaced by interest groups and major donors to political parties. Such only went to choice postings, of course, but not second or third world countries, so I had many interesting discussions with them over the years.
The Wikileaks cables were a revelation as Embassy intercepts showed the thousand different ways diplomacy led to but also tried to prevent, war. I’d been reading them ever since they first came out so started searching for links to secret discussions with Amb. Thorne. Couldn’t find anything except what already was reported, so reporter Andrea Vogt’s FOI request find was a goldmine:
NEWLY RELEASED EMBASSY CABLES SHED LIGHT ON STATE DEPT HANDLING OF AMANDA KNOX CASE
By Andrea Vogt
FEBRUARY 13 “Newly released state department documents show the U.S. Embassy in Rome declared the Amanda Knox matter “Case Closed” in a cable to Washington just days after the American’s clamorous 2011 acquittal. The memo reveals wishful thinking on the part of some U.S. diplomats, who were only too eager to see the thorny case come to a clean close.”
In Update March 23, 2015 posted today, Andrea Vogt says this:
In a 2011 Italian embassy cable released as part of several Freedom of Information Act requests I’ve filed on this case (first published Oct 11, 2011) [US] diplomats in Italy mistakenly thought Knox’s acquittal in 2011 would bring to a close this complex and divisive international case. Italy’s Court of Cassation would prove them wrong, overturning her Perugia acquittal and ordering a second appeal in a different venue (Florence) which ended last year with a guilty verdict.
So is a political fix being attempted or already in? See my Conclusion, Part II to be posted tonight.
Archived in Meredith-case hoaxes, No-extradition hoax, Family + defense hoaxers, Knox-Mellas team, Lies in Knox book, Reporting on the case, V bad reporting, More of them
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Sunday, March 22, 2015
Rogue Juror Genny Ballerini, Translated: She Misled, Oggi Misled More, UK Media Misled Even More
Posted by Peter Quennell
1. Interpretations Of The Interview
In reading the translation by Miriram these points may be worth bearing in mind. They are largely based on advice from Yummi in Italy.
Genny Ballerini comes across to Italians as someone not especially educated who is more than a bit lost on the law and the case. She herself admits she may be naive and had not followed Meredith’s case. She was surprised to end up on the jury for Knox’s and Sollecito’s “trial”. She voices no concern for Meredith or her family.
A former factory worker, she had been unemployed for some months, and she appreciated the small fee the court paid her for jury duty and apparently also a fee that Oggi paid her for the interview. She had to be persuaded by Oggi to do the interview, and she seems unaware that it may have been illegal.
The lead judge and side judge, the professionals, remained neutral and impartial and promoted no particular outcome. There were no arguments among the jury. She seems to be drawn toward Sollecito without any very logical reason. (Hmmm. Sollecito had addressed her and the others directly and he was standing right in front of her looking at her.)
She repeatedly refers to a “trial” and to previous “trials” for example “when the trial started” and “I formed my beliefs studying the three files of the previous trials. Not only. During the trial I kept a diary for every hearing”. She never once uses the word for “appeal” or wonders why there were no prosecution exhibits and witnesses.
The Oggi headline is misleading. Almost of her doubts are described in the past tense and she admits she voiced them to the other jurors early in the “trial” because things were not clear to her. She had folders of evidence to poke though; these may have related only to the appeal points the defenses had filed.
At one point she says “we discussed to reach an agreement” and at another point she says she voted against the verdict. It is not clear in what order, and she may finally have joined in a total consensus. She seems to connect the punishment to the supposed amount of evidence rather than the barbaric nature of the attack.
Please see Part 3 below for how the UK media has managed to report this even more confusingly.
2. The New Translation By Miriam
Miriam has carefully translated the original interview in Oggi for us.
“Not Enough Evidence For Such A Heavy Sentence”
On January 30th of last year, the appeal Court of Florence sentenced Amanda Knox to 28 years and 6 months of imprisonment and Raffaele Sollecito to 25 years for the murder of Meredith Kercher. 12 hours of deliberation were needed for the eight judges - two professional judges (the President Alessandro Nencini and Doctor Liliana Cicerchia) and six Lay Judges - to wrap up that decision. Among the lay judges was Genny Ballarini, a 48 year old, worker from Prato. After long negotiations and courteous refusals, on the eve of the decision by Corte di Cassazione, she accepted to speak to Oggi.
Twelve hours, half a day: a lifetime for who judges and for who is judged. Without entering into detail, as not to violate the secrets of the “camera del consiglio”, what can you tell us?
We went through all the documents, drew the conclusions, in order to arrive at an agreement.
I certainly had many doubts about the guilt of the two young people. I wasn’t an upholder the defendant’s innocence, but I thought and said to the others: “The evidence we have is not enough to inflict all these years of prison. Where is the evidence to send them to prison? Maybe I was naïve, but before pronouncing such a heavy sentence I wanted to see clearly. There was not enough, according to me, to justify a such a heavy sentence: questionable proof, odd testimony and uncertain evidence”.
And of the motive, what ideas did you arrive at?
“That of the inadequate cleaning of the house? Nonsense. You do not massacre a girl because she complained about a bit of a smell in the bathroom. Anyway, at the end of every hearing we would sit down and discuss, we would reconstruct the facts on the basis of the timing, the cell phones, the statements of the accused that indicated how Amanda and Raffaele could be at the scene of the crime. I would ask “ But is it enough to convict them?” Against Raffaele, beyond the hypothesis, remained the discussed trace on Meredith’s bra clasp. How could you not have doubts? “What was the motive that could have pushed Raffaele to participate in the massacre of that poor girl”? I asked.
The prosecutor in the first trial described Sollecito as “depraved”, putting him inside of the erotic game ending in a tragedy and he was depraved, argued the prosecutor, because he was a fanatic of Manga, the Japanese comics that mix eroticism and violence.
“But if he is a murderer you need to prove it!” I noted. “It is not enough to read comics or watch cartoons. And then it was the same prosecutors that reminded that Amanda was not a tranquil young lady because she once received a fine for nocturnal racket. It seemed to be, excuse me, more nonsense”.
One of the controversial points is that in that small room in which Meredith was murdered, there was not even one trace of Knox. How do you explain that?
“They claimed that Knox had removed her traces by cleaning. Who knows! Today when I think about it again I have even more doubts”, she said. When the trial started the atmosphere in the “camera del consiglio” was accusatory. Maybe I am naïve, but I had doubts. I thought: what we have in our hands it’s not enough to send them to prison for all those years. May be Amanda was there, but she didn’t participate. I listened to Raffaele and he seem to me a fine young man, he seemed to me sincere… At the beginning I had no opinion: I have never liked crime news and I had read just a bit on the case. I formed my beliefs studying the three files of the previous trials. Not only. During the trial I kept a diary for every hearing. I wrote down everything that was happening and at the end I would add my impressions.
How did you interact with the Court’s President?
He and the side Judge did not express an opinion till the end. During all those months I never managed to understand what they thought about the case.
So they did not influenced the Lay Judges?
Absolutely not. They would explain only the things that we could not understand. I understood what they thought only when the verdict was decided, but my doubts remained. At a certain point, I stressed that Rudy Guede left on the crime scene more traces than Raffaele and Amanda and yet he was given 16 years instead of 25. They explained to me that he was judged through a fast track trial, that provides a reduction of the sentence.
And what do you think of Guede?
I think that he gave three different versions of the facts and he never said that Amanda and Raffaele were with him. How can you take into consideration Rudy to establish the guilt of the other two?
What did you think when the verdict was decided?
Right away I said that I did not agree and it was noted. On the increasing on the sentence even other Lay Judges did not agree, but it was explained to us that it could not be any different.
Did you ever fight among yourselves?
You said that you do not like crime news and the speculations on blood related crimes? Why than did you accept to became part of the Lay Judges of a trial so complicated and a such media driven event?
I was drawn. I could only refuse only for health reasons. I accepted even for economic reasons since at that time I was on unemployment check. On the other hand they had told me that in that session, from July to September, usually the “Corte d’Assise” has scheduled trials of less importance. I would have never imagined that we were going to end up with Meredith’s murder.
You implied to economic reasons. You worked seven months from July to January with burdensome hearings. How much did you received?
In all 1.500 Euro: 200 Euro a month! I received them from the Department of Justice seven months after the conclusion of the trial. Not much, but needed: I spent them for a sensitive surgery.
3. How The UK Press Reported This
In effect they leave out almost all of the context in Par 1 above, dont explain why Italians are unmoved, and omit the essential point that this was NOT a new trial and the jury did NOT hear the case presented in depth with exhibits and witnesses as the trial jury did.
Archived in Appeals 2009-2015, Florence appeal, Meredith-case hoaxes, Italian justice hoax, No-evidence hoax, Reporting on the case, V bad reporting
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Friday, March 20, 2015
Rogue Juror Genny Ballerini: A Sign Oggi Sees Its Conviction For Parroting Knox As Inevitable?
Posted by Peter Quennell
1. Explaining The Broad Context
A rogue juror has mischaracterized the outcome of the Nencini appeal in Oggi.
Very odd, as the consequence of this very unusual action is that she could be charged with vilipendio, with an illegal action to poison public opinion to lean upon a court process to affect its outcome. To help explain what may be going on here, think of Italy as two factions.
- A very large faction which is comparatively very law-abiding and very forgiving and which greatly admires Italian law enforcement and judges and prosecutors.
- A relatively tiny faction consisting of such unsavory elements as corrupt politicians and businessmen, the mafias, rogue masons, satanists (yes there are some) and others who, by any means fair or foul, seek unfair breaks for themselves and their associates.
The Perugia courts, being close to Rome, and the Florence courts, being very large and very competently staffed, have particular roles in matters of national-level justice. Anyone who manages to throw sand in the wheels of those court systems may have won one for some in the small and unsavory faction at the cost of the very large pro-justice faction.
MP Rocco Girlanda is a great example of how this works. The member from Gubbio once of Berlusconi’s party used his parliamentary privilege to “check Knox’s conditions” in Capanne dozens of times. Apparently even the Knox-Mellases found Girlanda’s advances pretty creepy, and someone from the family is said to have headed for Italy in a hurry.
Girlanda not only wrote a creepy book about Knox and took a creepy position on panels of the Italian-American Society in Rome which he once headed. He also tried to monkey with Meredith’s case by petitioning the President, and by attempting to reduce the national Department Of Justice budget. But some of his closest political colleagues from Gubbio are on trial now and may entangle him, and see Andrea Vogt’s tweet the other day that Florence prosecutors are investigating Girlanda, for corruption at a national level.
The Sollecitos also incline toward murky incitement outside the courtroom. Think of the bag of cash the witness Aviello said was offered. Think of conversations caught on tape discussing the capturing of politicians who might lean on the Perugia justice officials. For this Vanessa lost her job and the Sollecitos may still face charges.
The Sollecitos seem to have made a beeline in 2008 for Giulia Bongiorno, a longtime defender of some of those in the smaller faction, for her political clout, although some of her actions in handling the case, such as shrieking at Judge Nencini with a knife in her hand (the same judge who will execute Cassations decisions) seem daft in the extreme.
The Sollecitos may - may - now be a party to some strange media developments in Italy, such as the fawning Porta a Porta show of a few days ago.
2. The Court Pressure Oggi Faces
The editor of Oggi Umberto Brindani seems to take malicious glee in Oggi’s reports to its weekly readership that put Italian justice in a bad light, perhaps to bring Italian justice down a peg and win one for some in the small faction.
Now although no other Italian media would risk repeating in Italian the lurid conspiracy theories of the Knox PR in English in the United States, Oggi did choose to go there - and was slapped with charges as a result.
Our posts here and here explain how Brindani’s taunting has bitten him in the tail. Oggi quoted defamatory and inaccurate claims from Knox’s book which are a magnet for diffamazione and vilipendio charges, as Brindani found out.
If Brindani goes down against the Bergamo prosecutor for this, as seem inevitable, both the Oggi house of cards and the Knox-Mellas-Sollecito house of cards are put at risk. Oggi may face fines and civil damages for a lot of Euros. More especially, Oggi’s credibility and future would take a knock.
3. Enter The Rogue Juror
This Daily Mail report is in fact 100% quoting the latest edition of Oggi. (Gee, thanks, Daily Mail; for obvious reasons Oggi try hard never to put their own scurrilous stories online.)
Essentially Genny Ballerini is complaining that it was an unfair “trial” and she didnt see a case being made or a motive explained.
On the face of it, this makes absolutely zero sense.
What happened in Florence just over a year ago was an APPEAL by RS and AK, not a new trial, and it was tightly focused on a couple of points the defenses wanted to quibble about (unsuccessfully, as it happened).
The prosecution presented next to nothing of its own case as already presented in great detail in 2009. There were no similar summations, no recreations of the attack on Meredith, no witnesses of its own examined in court, and almost no exhibits.
And guess what? Genny Ballerini didnt even set eyes on Amanda Knox or Rudy Guede!!
Working under strict instructions from Cassation, Judge Nencini guided his lay judges to examine and vote on ONLY the points the defense had tried to prove to their advantage. They all knew, or should have known, even this rogue juror Genny Ballerini, that any attempt to act as a second trial jury on the lines of the Hellmann appeal jury would be illegal, and was not why they were sitting there.
Unless she is seriously daffy the surprise surfacing of Genny Ballerini in Oggi of all places only makes sense in the light of what Part 1 above explained. Genny Ballerini seems to be being used to muddy the waters to the hoped-for advantage of some in the smaller faction.
4. The Guts Of Ballerini’s Claims
Our main poster Chimera checked out Genny Ballerini’s individual claims, and at that level also shows that Genny Ballerini is either out to lunch or working as a tool for Oggi and by extension some in the small faction.
(1) The juror did not ‘‘help convict’’ Knox/Sollecito at the 2013/2014 Florence appeal. The court merely confirmed the trial verdict of Giancarlo Massei (2009).
(2) ‘‘She slams the prosecution’s case, citing questionable proof, flimsy evidence, and bizarre testimony’‘. This was only a defence appeal, which is a HUGE detail to omit.
When the defense files an appeal, essentially they are saying there is something wrong with the prosecution’s case as presented back at trial. The prosecution PROVED their case, they don’t have to again. So yes, the burden is on the defense.
If she does not know this (and these comments may be deliberately misquoted), then Ms. Ballerini doesn’t understand the purpose of an appeal or her role in it.
(3) Knox was 20 at the time of the murder, not 19.
(4) The article says they served 4 years before being freed on appeal, but it leaves out the fact that they had been convicted at trial. While technically correct, it implies something that is not the case.
(5) The article says that Knox rebuilt her life finding love with Colin Sutherland, and working as a journalist. While true, they were only recent developments (late 2014). Knox had been released 3 years prior to that.
(6) The appeal court reinstated the guilty verdict? Wrong. Again, the March 2013 Cassation ruling annulled Hellmann’s ruling, but it left Massei’s trial conviction intact. The appeal court actually confirmed it.
In other words, AK and RS weren’t forced back to Florence for a new trial. They themselves chose to redo their own appeal, rather than accept the 26 and 25 year sentences. Big difference.
(7) ‘‘The evidence is not there to inflict all these years in prison’‘? Frightening, if she actually made these statements. The appeals court is ONLY to look at errors, not to retry the case. Did she not read her job description?
(8) Ms. Ballerini says of Sollecito: What possible motive could he have for participating in that murder?
A better question would be: why he did refuse Judge Nencini’s invitation to testify? Come on, he just did a freaking book tour. And Ms. Ballerini was there in court ... did she not have an urge to ask him questions?
(9) ‘‘She insisted that the 2 professional judges had not tried to sway the jury.’’ Can you think of why that may have done so? Perhaps back in late 2011?
Part of me thinks this story is a plant, her words and conclusions sound almost verbatim from the FOAK crap that has been coming out for years.
If it is true (a big if) it is frightening that someone so limited could be on a appeal jury. Either she does not understand the purpose of an appeal, or she is being used as a sockpuppet.
5. Present Conclusions
This aint over. Investigators will already be checking out Genny Ballerini to see what makes her tick and decide if she should face charges. We will keep you posted.
Genny Ballerini is the lay-judge on the left
Archived in Appeals 2009-2015, Florence appeal, Meredith-case hoaxes, Italian justice hoax, No-evidence hoax, Reporting on the case, V bad reporting
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Thursday, March 19, 2015
Rare Case Where Extradition To Italy Was Refused Has Been Reversed By Brazil
Posted by Peter Quennell
This is the Cesare Battisti case (see his image below) which goes back to the early Berlusconi governments and beyond. It is not clear whether the Renzi government has been pressing Brazil hard but Battisti is very likely one day to be back in the land of his birth. And meanwhile he will remain locked up.
This is from a CNN report describing the status as of mid June 2009.
Battisti was a member of the Armed Proletarians for Communism, or PAC, guerrilla group in Italy.
He is alleged to have participated in a number of crimes, which led to his incarceration. He escaped from an Italian prison in 1981 and was granted asylum in France during the presidency of Francois Mitterrand…
In 1998, Battisti was tried and convicted in absentia of the four killings. For several years, France and Italy were embroiled in diplomatic spats over extradition requests.
Battisti later fled to Mexico, where he continued his work as a writer of thriller novels, and subsequently to Brazil. In Brazil, his fate was oftentimes unclear.
In January 2009, the Brazilian Supreme Tribunal granted refugee status to Battisti. But later it reversed course and supported extradition, giving then-President Lula the final say.
“Italy may not like it, but will have to respect it,” Lula said at the time. “This person is being accused of a crime which took place in 1978, and his accuser no longer exists to prove the veracity of the facts.”
Lula sided with the Italian’s claims that the conviction against him was politically motivated, and in the last days of his administration rejected the extradition. Italy protested.
Brazil gave Battisti a status just one step short of citizenship. The Berlusconi government then threatened to take the case to the International Court of Justice in The Hague (the World Court). Quite a threat.
That is something the Italian government could theoretically also do if there is a protracted wrangle over Knox. It may or may not have been one factor in what Brazil did next.
The Associated Press reports. This is from last week.
Brazil’s federal police on Thursday arrested former Italian communist militant Cesare Battisti on a judge’s deportation order.
The arrest comes despite former President Luiz Inacio Lula da Silva in 2010 rejecting Italy’s extradition request for Battisti, who is a fugitive from Italian murder convictions. Silva granted him asylum and had the Supreme Court approve that decision three years later.
However, also in 2013, the top federal appeals court rejected Battisti’s request to overturn a Brazilian conviction for using fake immigration stamps in his passport when he entered Brazil in 2004.
Federal prosecutors used that decision to seek Battisti’s deportation, arguing he had violated Brazil’s Foreigner’s Law, which prohibits foreigners convicted of a felony in another country from receiving residency.
Earlier this month, a federal judge ruled in favor of the prosecutor’s motion, which led to his arrest Thursday. He was being held in Sao Paulo….
There are several layers of appeals that Battisti can make, and it’s expected to take years before his case again reaches the Supreme Court for a new ruling….
We’ve noted before that if countries want dangerous perps back, there are certain ways to apply pressure direct. For example, Interpol Red, notices and also this.
Archived in Appeals 2009-2015, Knox extradition, Other legal processes, Others elsewhere, Meredith-case hoaxes, No-extradition hoax
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Monday, March 16, 2015
Probable Final Cassation Ruling In 10 Days: Likely Scenario For The Immediate Future
Posted by The TJMK Main Posters
Italian Justice Minister Andrea Orlando with Prime Minister Matteo Renzi
We reported previously that Prime Minister Renzi, the former mayor of Florence, has great trust in the court system there.
Cassation is expected to rule on Knox’s and Sollecito’s separate appeals against the Florence outcome (in which they yet again not-too-subtly edge one another between themselves and the flames) on Wednesday or Thursday of next week.
We have something of a consensus here upon what happens then and thereafter, with main inputs here from Italian watchers Popper and Yummi.
1. Cassazione will probably merely announce that the affirmation of conviction by the Nencini appeal court is legitimate from the point of view of Italian law and there will be nothing significant said on the merits of the case.
2. In final appeals Supreme Court justices simply confirm a sentence or not based exclusively on law points. The Cassazione motivation reports due within three months are not too important as they cannot be appealed anyway. A report may not be needed for extradition, the Massei + Nencini sentencing reports could be explanatory and legally correct enough in this case.
3. The execution of this decision would then be over to the Florence courts. If the Nencini confirmation of verdict and sentence is affirmed it will probably then be over to Prosecutor Crini and Judge Nencini, and an arrest warrant for Sollecito would be immediate.
4. There is a slight chance, perhaps 5% to 10%, that Sollecito might try to escape, as he seemed set on doing when he made it to the border on the same day as Judge Nencini’s 2014 ruling. On Italian TV he has been sounding very aggrieved with Amanda while not really winding back the strong case against himself. He lacks his passport and probably the secret stash of money to stay on the run indefinitely.
5. An arrest warrant for Knox, the other defendant, would normally be issued as soon as possible. If she is still located in the US she could be rapidly arrested and put in a holding cell. Based on other examples it is possible that her physical return to Italy could take as long as nine months, though the treaty promotes a fast-track meaning not upward of three months.
6. There is normally 45 days for the extradition papers/request from Dr Andrea Orlando, the Italian Minister of Justice, to be handed over by the Italian Embassy in Washington DC to the State Department, though there is allowance for that request time to be extended.
7. The evidence of course really is overwhelming and no single proof of foul play has ever been proven. Italian justice officials have relevant information they could share privately, such as the corruption of the Hellmann appeal alleged by Judge Chiari, Prosecutor Comodi and others, and such as Knox’s unsavory drug record which is normally a big no-no for the State Department.
8. Comments made by the host and a magistrate on Italy’s Porta a Porta show last week suggests vagueness on the part of the Italian media and public about the Italy/United States extradition treaty. This treaty, which has always been faithfully observed previously by both countries, with no exceptions, is stark and minimalist and focuses on the paperwork and whether the national law was followed, as explained by lawyers James Raper and TomM.
9. Assuming their final conviction, Sollecito’s arrest and return to prison will drive Italian public opinion, dormant for years but stirring as the Porta a Porta show suggested, to demand a quick extradition of Knox, who was the flatmate of Meredith the victim and without whom no murder would have taken place.
10. Probably very unlikely, but if there is sustained political resistance despite American media finally getting the facts right, the powers demanding extradition will build up immense pressure, and it will be world-wide pressure from the point of view of the US, not just Italy. All countries will be watching to see how the US behaves, and if their treaties are reliable or not.
The US relies heavily on the Italian government, which is currently a very strong one, on many other matters, and it has other extradition cases worldwide in motion or anticipated (think Snowden in Moscow) so it will be almost certainly be faithful to legality and precedent.
Knox smeared prison authorities in her book and directly caused the imprisonment of a drug-dealer which might be reasons she fears going back. Conceivably a negotiated outcome could result in Knox serving the rest of her time in an American prison to get round this. American prison? This would be nice for her family, but probably a lot less nice for Knox herself.
Knox has long been the pawn of an ugly family and bunch of parasites. Dont totally rule out her simply hopping on a plane to pay her dues and get away from them.
Archived in Smoking-gun posts, Italian justice v others, The former defendants, Amanda Knox, Raff Sollecito, Officially involved, Supreme Court, Appeals 2009-2015, Cassation appeal 2, Meredith-case hoaxes, Italian justice hoax
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Friday, March 13, 2015
Adding A Dozen More Questions To The Several Hundred Amanda Knox Wont Yet Face
Posted by Chimera
1. State Of Play On The Questions Front
Sollecito and his father Francesco actually take questions without 99% of them being agreed-on in advance.
They evade a lot and lose a little but they also gain some points, unlike a seemingly terrified Knox and a seemingly terrified PR who now seem stuck in tongue-tied and consistently-losing modes.
In Italy last night on the much-watched crime show Porta a Porta Francesco Sollecito had to go along with the official reconstruction of the prolonged pack attack on Meredith which rules out any lone wolf though he again maintained that Raffaele was not there.
Not by any means does TJMK give Sollecito a pass. He WAS there at the attack, the evidence is very strong. And we do have many dozens of pending questions waiting for him to respond.
But the truly evasive one is Amanda Knox. Previously helped by the fawning arm of the American press.
2. Pending Questions We Have Already Asked
These are ordered chronologically with the first questions, by Kermit in mid trial in 2009, at the bottom of the list.
Click here for: Questions For Knox: Ted Simon Gone? With Legal And Financial Woes Will The Other Paid Help Stay
Click here for: Questions For Knox: Why Does Book Smear Others On Drug Use, Mischaracterize Your Own?
Click here for: Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?
Click here for: Questions For Knox: How Do You Explain That Numerous Psychologists Now Observe You Skeptically?
Click here for: Questions For Knox: Ten Hard Questions That Knox Should Be Asked Monday On ITV’s Daybreak
Click here for: Questions For Knox: Why So Many False Claims In Accounts Of Your Visit To The House?
Click here for: Questions For Knox: Why The Huge Lie About Your ZERO Academic Intentions In Europe?
Click here for: Questions For Knox: Do You Think “False Memories Kassin” Framing Italians Yet Again Will Help?
Click here for: Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?
Click here for: Questions For Knox: Diane Sawyer, How To Push Back Against The False Claims And Emotion
Click here for: Questions For Sollecito And Knox and Enablers: Several Hundred On The Hard Evidence
Click here for: Questions For Knox: The Questions That Drew Griffin On CNN Tonight SHOULD Have Asked
Click here for: Questions For AK And RS From Barbie Nadeau As Knox Slander Trial Starts
Click here for: Questions For Knox: (Powerpoints #11) 150 Hard Questions That You Incessantly Avoid
3. My Own Dozen Questions More
I have mentioned before my belief that Meredith Kercher’s attack and possibly death was premeditated, at least on the part of Amanda Knox. Raffaele Sollecito, and Rudy Guede, while accomplices, and also liable, did not plan this out.
Below is my own list of a dozen more hard questions Knox should be asked. This post focuses on questions that point towards forethought and premeditation. And no, crying, having a fit, and refusing to answer just won’t do it. An open challenge to not answer in a Hellmann-court-type wail.
1. Keeping the ‘‘See you later’’ Text to Patrick
You kept the message that you sent to Lumumba, which you wrote in Italian. The literal translation from English implies that you actually intend to meet, rather than the English one that means a parting of ways. As a language student, this common expression was likely one of the first things you learned, if you didn’t know already.
At your voluntary questioning, of November 5th/6th, you give that message to the police, and claim it as proof that you left Raffaele’s apartment to meet him. The police didn’t force this knowledge from you, rather you volunteered it after Raffaele withdrew your alibi. Patrick was falsely arrested, due entirely to your statements, and that message.
I considered, and rejected the idea that you might have kept the message in case Patrick might have wondered why you didn’t show. If that were the case, you would have kept his message not to come in, and not your response.
Here is the 2009 trial video, the relevant part starts at about the 7:30 mark. At the 10:30 mark, she talks about the message. At 12:15, she says she doesn’t know how to delete sent messages.
Question for Knox: Why did you keep Patrick’s message, if not to use later as a backup plan?
2. The Lack of Videotaping for the ‘‘Interrogation’‘
You and your supporters in the U.S. frequently complain that your November 5th/6th ‘‘interrogation’’ was never recorded. You claim that if there was such a record, it would corroborate your claims, and prove you were beaten/smacked around/tortured. A video would go both ways: it could either prove police brutality and misconduct, or it could definitively prove a suspect or witness was lying.
Until that night, you claim nearly 50 hours of interrogation (see December 2013 email to Judge Nencini), yet none of it was recorded. Odd, if you were the suspect all along. Witness summaries routinely are not, but suspect interrogations almost always are, if only to cover the police officer’(s) butt(s).
That night, when you said you witnessed a crime you did not report (Patrick attacking Meredith), your legal status changed from a witness to a possible suspect. You were given a miranda warning, but still continued to talk.
At this point with your new status, the police would have wanted to videotape or audio record any questionings. And if they had, any claims of the ‘‘police beat me’’ would have been very easy to refute. So, by staying away from the camera, it actually creates at least a bit of ambiguity, and gives some wiggle room, should you decide to make complaints later. It turns an open-and-shut matter into your-word-against-theirs where you lose.
Question for Knox: Did the police ever ask to videotape any of your ‘‘questionings’‘? And if so, why did you refuse?
3. Transporting Raffaele’s Knife to Your Apartment
You and Raffaele were charged in addition to murder and sexual assault, with transport of a weapon, namely, a knife to your apartment and back. Despite all the denials of your lawyers, it had Meredith’s DNA on the blade, and your DNA on the hilt (the infamous ‘‘double DNA knife’‘). Most spontaneous violent crimes involve objects in the immediate area, such as the room, whereas this knife was taken from another location and brought to the crime scene. Frankly, it reeks of pre-planning.
I considered, and rejected the argument of needing protection. Knox never claimed she felt unsafe walking around Perugia, heck she sleeps with random people there. If she did feel afraid at times, many women just clench keys in their fists, for something like that.
Even more disturbing, (as you admit you are a CSI fan) the knife was brought back to Raffaele’s apartment, cleaned with bleach, and put back. Had the bleach actually destroyed all the DNA—it tends to miss DNA in cracks and grooves—it would have implicated Raffaele only, being his knife, and would not implicate you. Rather than throw it away, like a ‘‘smart’’ killer would do, it is put back, where it is fairly easy to be found.
Question for Knox: Why did you bring the knife from Raffaele’s apartment, if not to use against someone?
Question for Knox: Why was the knife returned to Raffaele’s kitchen? Were you hoping (as a fallback), that it might lead to him alone?
4. The Staged Break-In
You finally admitted, after long denying, that you staged an April Fool’s Day prank on April 1st, 2007, by simulating a burglary against a housemate. You found it funny, while others found it disturbing. However, in order to do such a prank, you needed to think in advance about how you wanted things to look. In short, this had to be planned out.
Well, the November 1st ‘‘break-in’’ at your apartment when Meredith was killed, was ruled by the courts to be a staged burglary. There are just too many holes in your story, and in the crime scene, to believe it was legitimate.
But what is not clear, is whether the killers staged the burglary as a panicked response to Meredith’s death, or whether some of the details were worked out ahead of time. And you had, as a prank, done this before.
I considered, and rejected the claim that it was a real burglary. However, Judges Micheli, Massei, Nencini and the Court of Cassation disagree, and they can summarize it better.
Question for Knox: Did you think of simulating a break in at your home BEFORE or AFTER Meredith was murdered?
5. Rudy Guede’s Involvement
FoAK has long smeared Guede as a drifter, drug dealer, orphan, burglar, and many other things. There was one bit of truth there: Guede had broken into at least one place, prior to Meredith’s death, although he had not been charged at the time. He recently got his jail time extended though, as a result of this.
Interestingly, while you claim to not know Guede, your book seems to include a lot of detail about him. You knew he was interested you. You say he had done a break in, and you had staged a break in. You allege his was done in Perugia, while your prank was far away, in Seattle, where no police were involved. And let’s be frank: men say dumb things to impress women. What an interesting person to bring along.
Question for Knox: Did you know about Guede’s prior break in BEFORE or AFTER Meredith was murdered?
6. Turning Off the Cellphones (you and Raffaele)
It is now common knowledge that most cellphones contain GPS that can track the movement of a user. Police know this, and can often track suspects’ movements this way. Smart people looking to avoid police attention have figured this out, and can turn their cell phones off (or leave them at home), to make their movements more ‘‘anonymous’‘.
Even smarter police have now figured out that people know, and can now find out if turning off phones is routine, or just a one time thing. Jodi Arias was caught out this way. Thomasdinh (Dinh) Bowman was caught out this way. See this.
You and Raffaele had never turned off your cellphones, but chose to (and together) the evening before Meredith was killed.
You gave multiple excuses. (1) Sollecito says in his book it was so you could fool around undisturbed. (2) You say in your book it was so you wouldn’t receive a message from Patrick if he changed his mind and wanted you to work. (3) You said in your December 2007 questioning with Mignini that it was done to preserve the charge in your phone. (4) At trial, your lawyers disputed that the phones were shut off?
Question for Knox: Why did you and Raffele turn off your phones the night Meredith died, if not to cover your movements?
7. Ditching Meredith’s Phones
Meredith’s phones, both her English and Italian phones, were found well away from the home. While it is normal to have a cell phone, very few people have more than one, and other than a friend, family member, or roommate, who would know this? Meredith’s attackers took them both, and rather try to sell them or use them, dumped them.
Police have speculated that this was done to divert attention, and to give out false leads. However, this amount of thought in a ‘‘hurried and rushed’’ crime seems very much out of place. The unexpected consequence is that it helped narrow the focus.
I considered, and rejected the idea that they were part of an actual robbery. A killer who seems to know so much about evidence, and about cell phone evidence, would take them, knowing the GPS would help track his movements. Really, what smart killer would take a mobile ‘‘ankle bracelet’’ with him?
Question for Knox: Why did you take Meredith’s phones, if not to throw off the police investigation?
8. Keeping Frederico Martini’s Number in Your Phone
It is now well known, even if not reported at the time, that Frederico Martini (a.k.a. the ‘‘Cristiano’’ in your book), was a drug dealer you met on the train to Perugia. You ditched your sister, Deanna, to be with him. And since then, he had been supplying you with free drugs in return for sex.
It is also well known that you gave Frederico’s number to police, probably trying to divert attention from yourself once again, and that he ended up serving time for drug dealing.
You have enough sense to turn your cell phone off prior to phones (see sections 1, 6, and 7), so you clearly knew that phones can provide serious evidence against you. If you truly were worried about the police searching your phone, you could have deleted his number, changed a digit or 2, changed the name, or otherwise hidden that information.
The police weren’t concerned with drugs, only with catching a killer.
Question for Knox: Why did you keep Freddy’s number, and then give it to police, other than just another diversion tactic?
9. The Lamp From Your Room on Meredith’s Floor
The lamp from your room, the only source of light in your room, was found on the floor in Meredith’s room. This would seem odd, as Meredith had two lamps of her own, and your room would be left dark. Police have speculated that the lamp was used during the clean-up, and then forgotten.
This demonstrates a lot of control, as rather than grabbing an available lamp from Meredith’s room (if it were needed for cleanup), the killers would have moved outside the bedroom, grabbed a lamp from another room and brought it back.
It further demonstrates control, as there was no bloody footprints into your room. Therefore, the killer must have cleaned his or her feet, then gone into your room to grab the lamp. And that lamp was found wiped off prints, so whoever took it had the foresight to make sure their own weren’t on it, but had Meredith’s lamp been used, finding it wiped clean would have been a dead give away.
All of this smacks of planning, and had the lamp not been forgotten in the locked room, we would never have known any of this.
Question for Knox: Why was your lamp found on Meredith’s floor, if not to clean or search for evidence?
10. Gloves Used for Cleanup?
The police went through the house. Although they did not test everything, very few fingerprints were found at all in the house, and only one belonging to Knox, on a glass. Of course, it raises the question of why any random burglar or killer would do that, and points to someone who is there regularly—a resident.
Such an undertaking would have taken a long time, again, pointing to a resident of the building. And while a sock or a cloth may be used a few times, it seems extremely impractical to use for any length of time. That leads another obvious suggestion: gloves.
However, Perugia was still warm. Amanda, (in that God-awful interview with Simon Hattenstone), said that she could sunbathe in October. Even if she had them in her luggage, they would probably take time to find. She was not known for wearing gloves as a fashion accessory.
Given her living habits, it is extremely unlikely she had her own cleaning gloves, and Laura and Filomena never reported such things missing. Nor did anyone else. So, where would they come from?
Question for Knox: Did you purchase (or steal) gloves prior to Meredith’s death?
11. Clothes and Supplies
You were seen in Quintavalle’s shop first thing in the morning on November 2nd, even if your lawyers contest it. He claims you were looking in the cleaning section, but then left. Strange, as you are not much of a cleaner, however he has no reason to lie. You also claim that you were not ‘‘missing’’ any clothes, even though Filomena mentions a sweater you were wearing but has not been recovered.
It is also known that you have made many cash withdrawls in the month of October, with seemingly little to spend on. Police and the media have speculated drugs, but with absolutely no paper trail, there is no way to know for sure how much was spent on what.
Question for Knox: Did you purchase any cleaning supplies, or extra clothes, either before or after Meredith’s murder?
12. Concerning The Gubbio Trip
You have travelled to many places, sure, but hadn’t really gone anywhere after settling in Perugia. Yes, you had given serious thought to ditching the town, even buying a ticket to China. Since meeting Raffaele, you two had kept in a relatively small area. Therefore, the trip planned to Gubbio, for the day after Meredith was killed, seems somewhat out of place.
I may very well be wrong, but was this the first road trip you had taken with him? You hadn’t packed anything, and you left your house (after the shower) without taking anything. You apparently also didn’t notice Filomena’s broken window in front of you.
Question for Knox: Was the Gubbio trip for real, or was this a staged cover?
Archived in Questions for AK & RS, The former defendants, Amanda Knox, Public evidence, Knox's alibis, Staged breakin, The two knives, Cellphone activity, Crime hypotheses, Pondering motive, Meredith-case hoaxes, Demonized pair hoax, No-evidence hoax, Family + defense hoaxers, Knox-Mellas team
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Wednesday, March 11, 2015
Rapidly Expanding Wiki Now Includes Precise Reasons For RS And Knox Arrest 6 Nov 2007
Posted by The TJMK Main Posters
1. The Events Prior To The Arrests
The ever-expanding Wiki can of course be found here.
The arrest statement in Part 2 below was signed by Dr Mignini at 8:40 am. It’s worth rehearsing all that had happened in the wee hours before this.
Knox had turned up at the central police station unannounced, apparently to keep tabs on RS. After a delay in finding something for her to do, and in getting the interpreter by her side, she sat with Rita Ficarra building a list of possible perps with phone numbers and residences on maps.
Having been told in a rather low-key way that Sollecito had just said she was not with him on the fateful night for several hours, and she had made him lie (see the post just below), there was a tension-filled pregnant pause while Knox apparently racked her brains for a Plan B.
By 1.45 AM, having explosively fingered Patrick when a message to him fortuitously showed up on her mobile phone, and after considerable spontaneous chatter, she had insisted on writing and signing this statement.
Three hours later Dr Mignini had arrived and discussed this development with others. Then he advised Knox of her rights, including the right to have her lawyer there.
Heedless of that advice, after more spontaneous chatter (actually referred to in the arrest warrant below), Knox insisted on writing and signing this statement while all the court officers sat idly by.
2. The Warrant For Three Arrests
This warrant was drafted and signed by Dr Mignini in the prosecutors’ offices in Perugia’s central courthouse (image at top) at 8:40 am. As already mentioned, it includes reference to Knox’s spontaneous chatter and her knowledge of the dynamics of the crime.
PUBLIC PROSECUTOR’S OFFICE, COURT OF PERUGIA
N. 19738/07 R.G. Mod. 44
DETENTION ORDER ISSUED BY THE PUBLIC PROSECUTOR
(artt. 384, comma 1 c.p.p)
TO THE JUDGE OF PRELIMINARY INVESTIGATION OF THE COURT OF PERUGIA
The public prosecutor Dr. Giuliano Mignini
Based on the records of the above-mentioned proceeding;
Having found that there are serious indications of the crimes of complicity in aggravated murder Article 576 n.5 c.p.e. and sexual assault for which we are proceeding, against DIYA Lumumba, born in Kindu (Zaire) on 5.05.1969, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, for the following reasons:
Regarding KNOX and DIYA, the first made glaringly contradictory and not credible statements during the investigation. In particular KNOX claimed to have spent the night between November 1st and 2nd in the company of SOLLECITO Raffaele whom she met a few days before the event while he, after initially confirming the statements made by KNOX, confessed to have lied instructed by KNOX and made clear that he separated from KNOX at 21.30 of November 1st 2007, remaining at his house where he received a phone call from his father on the land line at 23:30.
Furthermore from the data relating to the phone traffic of the number 3484673590 in use by KNOX there emerges a lack of phone traffic from 20:35 of November 1st to 12:00 November 2nd. Same lack of phone traffic from 20:42 of November 1st to 06:02 of November 2nd is found in the phone traffic of 3403574303 in use by SOLLECITO Raffaele.
At 20:35 of November 1st it was found an outgoing text message from the number 3484673509 belonging to KNOX sent to 3387195723 belonging to the co-defendant PATRICK to whom she communicates “see you later” which confirms that in the following hours KNOX was together with DIYA in the apartment where the victim was.
KNOX, in the statement made today has, in the end, confessed the dynamics of the committed crimes against KERCHER: the accused, in fact, first claimed to have met with DIYA, as communicated to him with the text message found in the phone memory of her cell phone by the operating Postal Police, text message sent at 20:35 in reply to a text message from DIYA sent at 20:18, detected thanks to the analysis of the phone traffic related to KNOX.
This last text message is not present in the cell phone memory.
KNOX in her witness statement from today has then confessed that, meeting DIYA in the basketball court of Piazza Grimana, she went together with DIYA to Meredith’s house, where DIYA, after having sex with the victim, killed her.
The sexual intercourse must be deemed violent in nature considering the particularly threatening context in which it took place and in which KNOX has surely aided DIYA.
In addition to this it should be pointed out that KNOX, in her spontaneous declarations from today, has consistently confirmed to have contacted DIYA, to have met with him on the night between November 1st and 2nd and to have gone with him to the apartment where the victim lived. She then said that she stayed outside of Meredith’s room while DIYA set apart with her and also added that she heard the girl’s screams.
KNOX reported details that confirm her own and Sollecito Raffaele’s involvement in the events, like the fact that after the events she woke up in the bed of the latter.
As far as the essential facts against SOLLECITO there are numerous verifiable inconsistencies in his first declarations, in respect to the last ones and the fact that, from a first inspection, the print of the shoe found on SOLLECITO appears to be compatible in its shape with the one found on the crime scene.
Moreover, there is the fact that KNOX claimed to not remember what happened between the victim’s screams up until she woke up in the morning in SOLLECITO’s bed, who was also found in possession of a flick knife that could abstractly be compatible for dimension and type (general length of 18cm, of which 8,5 blade), with the object that must have produced the most serious injury to the victim’s neck.
Having considered all the elements described and all converging findings of the intense and detailed investigations conducted after the discovery of Kercher’s body and culminating with the confession and indicated complicity of DIYA, also known as “Patrick” by KNOX, there is substantial serious evidence of the crimes for which we are proceeding to allow the detention, given the limits of the sentence.
Likewise there must be considered a founded and valid danger of flight especially for DIYA since he is a non-EU citizen and in consideration of the specific seriousness and brutality of the crimes, especially that of sexual violence and the possibility of the infliction of a particularly heavy sentence.
In regards to KNOX she has shown a particular ruthlessness in lying repeatedly to the investigators and in involving in such a serious event the young SOLLECITO.
Having regard to Art.384 comma 1 c.p.p.
The detention of DIYA Lumumba, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, and to be taken to the local District Prison.
We proceed to request validation of the detention in the separate document.
Forward to the Secretary area of authority with regard to recognition of Diya Lumumba and Amanda Marie Knox, born in Washington (USA) on 07/09/1987, based in Perugia, Via della Pergola 7, and Raffaele Sollecito, also already identified.
Perugia, November 6th 2007, h.8,40
(DR. GIULIANO MIGNINI)
Archived in The former defendants, Amanda Knox, Raff Sollecito, Officially involved, The prosecutors, The defenses, The judiciary, Trials 2008 & 2009, Prelim hearings, Meredith-case hoaxes, No-evidence hoax
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