Monday, September 20, 2010

Explaining The Massei Report:  All Judges, Lawyers And Witnesses At Trial Jan-Dec 2009

Posted by Storm Roberts



[Above: Dr Giancarlo Massei, the president of the Court]

Our intention with this new series of posts is to show how thorough the trial was, and how compelling the Massei Report on the grounds for the Knox-Sollecito sentence is. 

At the beginning of the trial, the witness counts were considerable: approximately 90 for the prosecution, 60 for the civil plaintiffs, 90 for the defence of Raffaele Sollecito, and 65 for the defence of Amanda Knox.

However, a large number of witnesses for both Amanda Knox and for Raffaele Sollecito were removed from the witness listing. Thus the actual number of people testifying was lower than originally expected. 

Here is a comprehensive list I have compiled, made by going through the Massei Report, picking out the witnesses, and noting what they testified about. If I had the information available, I have noted where a witness was specifically called by the defence of either of the then defendants.

Officers Of The Court

  • Judges:  Dr Beatrice Cristiani and Dr Giancarlo Massei, the president of the Court.
  • Prosecutors: Public Ministers Dr Manuela Comodi and Dr Giuliano Mignini.
  • Interpreter for Amanda Knox:  Dr Anna Baldelli Fronticelli.



[above: the two prosecutors]

The Legal Teams:

  • For the family of Meredith Kercher:  Francesco Maresca and Serena Perna.
  • For Diya “Patrick” Lumumba: Carlo Pacelli.
  • For Aldalia Tattanelli (the owner of the house): Letizia Magnini.
  • For Amanda Knox:  Luciano Ghirga and Carlo Dalla Vedova.
  • For Raffaele Sollecito: Giulia Bongiorno, Daniela Rocchi and Luca Maori.



[above: Amanda Knox’s legal team]

Witnesses


The following is a list of witnesses and a brief note as to the evidence they presented. I am not detailing their arguments here, merely indicating the areas the witnesses were heard in.  For full details of the evidence and the court’s arguments please read the Massei Report in full and the summaries coming up.

  • Amanda Knoxtestified while not under oath at the request of her defence and the legal team representing Diya Lumumba.  Her testimony was heard on 12th and 13th June 2009. Raffele Sollecito made a couple of interventions from his seat beside his three lawyers, but he did not get up on the stand.
  • Mrs. Elisabetta Lana and her son, Alessandro Biscarini.  They discovered two mobile phones, both belonging to Meredith Kercher (one was registered to Filomena Romanelli, Meredith’s flatmate), in their garden at Via Sperandio.
  • Dr. Filippo Bartolozzi - at the time Manager of the Department of Communications Police for Umbria - Dr. Bartolozzi received the mobile phones from Mrs Lana, the first at approximately 11.45 to 12.00hrs on 2nd November 2007, the second at approximately 12.15 to 12.20 hrs.  He traced the first phone to Filomena Romanelli and, at noon, despatched two officers to her address to investigate why her phone was in Mrs. Lana’s garden.
  • Inspector Michele Battistelli and Assistant Fabio Marzi - the two officers despatched by Dr. Bartolozzi.  They arrived at 7 Via della Pergola at a little after 12.30 hrs - they found Amanda Knox and Raffaele Sollecito sitting outside the house.  They gave evidence about the circumstances leading up to the discovery of Meredith’s body and with regards to securing the scene whilst awaiting the Carabinieri and Scientific Police.
  • Filomena Romanelli who was Meredith’s flatmate gave evidence regarding the phone she had lent to Meredith.  She also detailed when she had moved into the flat at 7 Via della Pergola and the living arrangements.  She told of her plans for the 2nd November and how a worrying phone call from Amanda Knox led to her calling her back and returning to her home earlier than planned.  A key point of Ms. Romanelli’s evidence was her disagreement with Amanda Knox over when Meredith locked her door - Ms. Romanelli stated that Meredith had only once locked her door and that was when she had returned to England for a few days.
  • Paola Grande, Marco Zaroli and Luca Altieri - the other young people who were at the property when Meredith’s body was discovered.  Mr. Altieri broke down the door to Meredith’s room.
  • Laura Mezzetti - the fourth flatmate in the upstairs flat at number 7 Via della Pergola.  She testified with regards to the living arrangements and also that Amanda Knox is an early riser, a “morning person”.
  • Robyn Butterworth, Amy Frost, Sophie Purton and Nathalie Hayward - Meredith’s friends from England.  They testified as to when they last saw Meredith and described the behaviour of Amanda Knox and Raffaele Sollecito at the Police Station in the evening of 2nd November 2007.  They also testified that Meredith had no plans after returning home at around 21.00 hrs on 1st November other than to study and have a rest as they had been out late the previous night and believed that they had classes the next day.  Meredith’s friends did not know of Rudy Guede and had not heard Meredith mention his name.
  • Giacomo Silenzi, one of the young men living in the flat underneath Meredith’s flat.  He was Meredith’s boyfriend.
  • Stafano Bonassi, Marco Marzan and Riccardo Luciani the other tenants of the downstairs flat.  Along with Mr. Silenzi they testified as to the the interactions between themselves and the girls upstairs, the gatherings they held, the fact that Rudy Guede was known to Amanda Knox.  They testified as to Rudy Guede’s actions at their house.  They gave evidence of having met or known of Raffaele Sollecito and his relationship with Amanda Knox.
  • Giorgio Cocciaretto a friend of the young men in the downstairs flat testified with regards to knowing Rudy Guede through playing basketball and having seen him at the 7 Via della Pergola house when both Meredith and Amanda Knox were present.
  • Rudy Guede availed himself of his right not to participate in the trial of Amanda Knox and Rafaelle Sollecito.  Judge Massei details Rudy Guede’s involvement based upon the evidence available in order to complete the reconstruction of events of 2nd November as he was charged alongside Amanda Knox and Raffaele Sollecito.
  • Marta Fernandez Nieto and Caroline Espinilla Martin - two young ladies living in the flat above Rudy Guede, they testified than on the night of 31st October they had been in the presence of Rudy Guede and that the only girl they saw him dance with was a “blonde girl with long smooth hair”.
  • Gioia Brocci from the Questura of Perugia who testified with regards to a trail of shoe prints leading from Meredith’s room to the exit of the flat getting fainter as they went.  Ms. Brocci also testified as to the lack of signs of climbing on the wall below Filomena Romanelli’s window.  She also collected evidence from the bathroom next to Meredith’s room.
  • Sergeant Francesco Pasquale testified as to the possibility of breaking into the flat though the window in Filomena Romanelli’s room.  Sergeant Pasquale was a consultant for the defence.
  • Maria Antonietta Salvadori Del Prato Titone, Paolo Brocchi, Matteo Palazzoli and Cristian Tramontano testified with regards to previous incidents involving or possibly involving Rudy Guede.
  • Edda Mellas , Amanda Knox’s mother.  She testified as to communications with her daughter on the 2nd November amongst other things.
  • Antonella Negri a teacher at the University who taught Amanda Knox and who testified as to her diligence as a student.
  • Francesco Sollecito, father of Raffaele Sollecito.  He testified as to his son’s character and about his communications with his son.  He also spoke of his son’s relationship with Amanda Knox.
  • Antonio Galizia, Carabinieri station commander in Giovinazzo, the Sollecito family’s home town.  He testified that in September 2003 Raffaele Sollecito was found in possession of hashish.
  • Jovana Popovic testified as to the presence of Amanda Knox at Raffaele Sollecito’s home at two points in time on the evening of 1st November 2007.
  • Diya “Patrick” Lumumba was Amanda Knox’s employer at “Chic”.  He testified that he has sent her a text message excusing her from work on the evening of 1st November.
  • Rita Ficcara Chief Inspector of the State Police - to whom Amanda Knox delivered a written statement composed whilst she was awaiting to be transferred to Capanne Prison.
  • Antonio Curatolo - Mr. Curatolo testified as to having seen Amanda Knox and Raffaele Sollecito at the basketball court in front of the University (the Piazza Grimana) in the evening of 1st November 2007.
  • Maurizio Rosignoli - who runs a kiosk in the Piazza - testified with regards to the timing of buses at the Piazza Grimana thus corroborating times in Mr. Curatolo’s evidence.
  • Alessia Ceccarelli - who worked managing Mr. Rosignoli’s kiosk - gave evidence as to Mr. Curatolo’s presence in the Piazza.
  • Marco Quintavalle, who runs the shop “Margherita Conad”, testified he had seen Amanda Knox at 07.45 hrs on 2nd November, she was waiting for him to open his shop, she went to the section of the store that had items such as groceries, toilet paper and cleaning products but he did not serve her at the till so could not specify what she bought if anything.  He testified that he knew Raffaele Sollecito as he was a regular customer.
  • Officer Daniele Ceppitelli gave evidence with regards to the 112 calls made by Raffaele Sollecito at 12.51 and 12.54 hrs on 2nd November.  In these calls Raffaele Sollecito declared that nothing had been stolen from the flat.
  • Nara Capezzali, Antonella Monacchia and Maria Ilaria Dramis gave evidence of unusual sounds and activity coming from the area around 7 Via della Pergola - namely a scream and the sound of running footsteps.



[one of Sollecito’s three lawyers with Sollecito]

Expert Witnesses

  • Dr. Lalli, the Coroner, he performed the post mortem and ascertained the cause of death and a “time window” when death was likely to have occurred.  He put the time of death between 20.00 hrs on 1st November 2007 and 04.00 hrs the following day.
  • Dr. Domenico Giacinto Profazio was head of the Perugia Flying Squad at the time of Meredith’s death.  He gave evidence regarding the investigative procedures and safeguards including the physical security of the property.
  • Dr. Marco Chiacchiera, deputy director of the Perugia Flying Squad also gave evidence regarding the scene and investigation.
  • Monica Napoleoni, Deputy Commissioner of the State Police gave evidence regarding the scene and investigation.  She also testified as to Raffaele Sollecito’s desire to remain with Amanda Knox.
  • Mauri Bigini a chief inspect at the Flying Squad confirmed the evidence given by Profazio and Napoleoni.
  • Armando Finzi a chief inspector at the Flying Squad gave evidence regarding the examination of Raffaele Sollecito’s flat and the collection of the knife which is now termed “the Double DNA Knife” (Exhibit 36).
  • Stefano Gubbiotti and Zugarini Lorena confirmed the evidence regarding the search of Raffaele Sollecito’s flat.
  • Dr. Giunta from the Scientific Police in Rome directed the detection of latent prints at the scene.
  • Dr. Patrizia Stefanoni from the Scientific Police in Rome collected biological trace evidence for analysis.  She also performed the analysis of DNA evidence and testified extensively on all aspects of DNA - from the background science, through the collection and the testing methods employed to the analysis.
  • Professor Mauro Marchionni, Dr. Vincenza Liviero and Professor Mauro Bacci, the three consultants appointed by the Public Ministers to analyse the forensic medical evidence testified as to various aspects of Dr. Lalli’s report including the cause of death, timing of death, the sexual assault and the wounds.  They reported on the degree of compatibility of the knife - Double DNA Knife, Exhibit 36 - with the wounds suffered.
  • Professor Gianaristide Norelli, the consultant for the civil party, is a forensic police doctor. He testified with regards to the time and cause of death and the sexual assault against Meredith.  He testified as to the degree of compatibility of the Double DNA Knife with the wounds suffered.
  • Professor Francesco Introna, a consultant appointed by Raffaele Sollecito’s defence testified with regards to the forensic medical evidence (cause and time of death, the sexual assault). His opinion is that the murder was committed by one person and that the Double DNA Knife was not the weapon used to inflict the large wound on the left of Meredith’s neck.  He hypothesised that Meredith was already undressing at the end of the day when she was surprised by her sole attacker who attacked from behind.
  • Professor Carlo Torre, a consultant appointed by Amanda Knox’s defence testified with regards to the same areas as described above.  In his opinion the Double DNA knife was not the knife used to inflict the large wound on the left of Meredith’s neck.  He believed a stabbing from the front was the most likely dynamic, and he saw nothing that would lead him to believe there was more than one attacker.
  • Professor Vinci, a consultant appointed by Raffaele Sollecito’s defence, he testified with regards to the stains on the bed sheet -which appeared to be made in blood, outlining a knife.  Professor Vinci also testified with regards to footprints found in the flat.
  • Dr Patumi, a consultant appointed by the defence of Amanda Knox, testified with regards to the neck wounds suffered and also with regards to the genetic evidence as detailed by Dr. Stefanoni.
  • Professor Anna Aprile, Professor Mario Cingolani and Professor Giancarlo Umani Ronchi, all independent consultants appointed by the judge (GIP) at the preliminary hearing. Professor Aprile testified specifically on the question of the sexual assault, Professors Cingolani and Umani Ronchi again considered the evidence with regards to the cause and time of death and the compatibility of the Double DNA Knife with the large wound on the left of Meredith’s neck.
  • Dr. Torricelli, the consultant for Meredith Kercher’s family, testified and gave her opinion on the genetic evidence as detailed by Dr. Stefanoni.
  • Dr. Sarah Gino, a consultant appointed by the defence of Amanda Knox, testified and gave her opinion on the genetic evidence as detailed by Dr. Stefanoni.
  • Professor Tagliabracci, a consultant appointed by Raffaele Sollecito’s defence, testified and gave his opinion on the genetic evidence as detailed by Dr. Stefanoni.  He also gave evidence with regards to the effects of certain drugs.
  • Marco Trotta, Claudio Trifici and Gregori Mirco officers of the Postal Police, gave evidence with regards to the seized computer equipment and also with regards to internet activity at the home of Raffaele Sollecito.
  • Mr. Fabio Formenti, the technical consultant appointed by Raffaele Sollecito’s defence - observed the Postal Police’s analysis of the computer equipment.
  • Dr Michele Gigli and Dr. Antonio D’Ambrosio, consultants appointed by Raffaele Sollecito’s defence, testified with regards to the computer and internet evidence.
  • Chief Inspector Letterio Latella gave evidence with regards to mobile phones and how they pick up signals from base stations which cover certain areas, he also testified with regards to the call records of the mobile phones of the defendants, victim and others.  He detailed how a connection to the network was picked up by the base stations and how the location of the phone can be approximated through knowing which base station was used.  He was able to tell the court which connections to Meredith’s two phones were made from her own flat and which from Mrs. Lana’s garden.
  • Assistant Stefano Sisani provided evidence with regards to both landline telephone services and mobile phone services.
  • Bruno Pellero an engineer appointed by Raffaele Sollecito’s defence to give evidence with regards to telephonic communications.
  • Dr. Lorenzo Rinaldi, Principal Technical Director of the State Police, director of the three sections which compose the Identity Division of the ERT, gave evidence regarding shoe prints and footprints (including those highlighted by the use of luminol.
  • Chief Inspector Pietro Boemia, who worked alongside Dr. Rinaldi.
  • Chief Inspector Claudio Ippolito a consultant who reported on shoe prints - appointed by the public minister.



[Background: the Judges and jury (lay judges) for the trial]>




Comments

While Steve Moore should have acquainted himself with the Massei Report before he made his media appearances,  he definitely fails to understand that the Kercher family were satisfied with the verdict.

As msnbc.com previously reported with this AP article,

VICTIM’S FAMILY ‘SATISFIED’ WITH KNOX CONVICTION:  AMERICAN IS SENTENCED TO 26 YEARS FOR 07 SLAYING OF U.K. ROOMMATE IN ITALY

http://msnbc.msn.com/id/34271238/ns/world_news-europe/

To Steve Moore, and Curt Knox and Edda Mellas, and the Knox and Mellas clans, and the FOA, the following comments require no translation:

****************

Merdith Kercher’s relatives made their first comments since a jury in Perugia, Italy, announced early Saturday that they had convicted Knox and sentenced her to 26 years in prison for the 2007 murder.

The court also convicted Knox’s co-defendant and former boyfriend, Italian Raffaelo Sollecito, and gave him a 25-year jail term.

“Ultimately we are pleased with the decision, pleased that we’ve got a decision, but it’s not a time for celebration”, Lyle Kercher, the victim’s brother said.

Kercher’s sister, Stepahanie said the verdict “does bring a little justice for us and for her”.

*****************

Posted by True North on 09/20/10 at 05:50 PM | #

Meredith’s family throughout the pre-trial and trial placed a lot of trust in the system and concluded that the system had delivered justice at the end of the day. Mignini is known as a very pro-victim prosecutor, and the judges were always very kind.

They are much respected and sympathized with in Italy. They were very magnanimous in their comments at the press conference the day after the verdict, an attitude of course never reciprocated either by Knox or her family.

This is the opposite of how trials generally play out here in the United States where no-one ever disrespects the victim. Has Steve Moore disrespected other victims or their families? I kinda doubt it.

So why does he think he has a license to do so here?

Posted by Peter Quennell on 09/20/10 at 06:26 PM | #

By Storm Roberts (Innai)

There are a few things compiling this list brought home to me:

Firstly how detailed and thorough the trial was, witnesses were heard and their evidence debated before the court drew any conclusions.

Secondly the calibre of experts on all sides.  The prosection experts and defence experts are all just that, experts.  The Italian system has parity between the prosection and defence and this is evident even with regards to the expert witnesses.

Thirdly just how transparent the Italian system is - this document tells everything even when it is a point of view the court disagreed with, it is clearly stated so that the reader can understand how the court reached it’s decision.

Posted by Nolongeramember on 09/21/10 at 11:26 AM | #

By Storm Roberts (Innai)

There are a few things compiling this list brought home to me:

Firstly how detailed and thorough the trial was, witnesses were heard and their evidence debated before the court drew any conclusions.

Secondly the calibre of experts on all sides.  The prosection experts and defence experts are all just that, experts.  The Italian system has parity between the prosection and defence and this is evident even with regards to the expert witnesses.

Thirdly just how transparent the Italian system is - this document tells everything even when it is a point of view the court disagreed with, it is clearly stated so that the reader can understand how the court reached it’s decision.

Posted by Nolongeramember on 09/21/10 at 11:27 AM | #

@Innai -

Fantastic detailing of information of this tragic case - thank you…

Posted by giustizia on 09/21/10 at 09:24 PM | #

Amazing resource Innai - many thanks. It’s incredible what the careful, clear presentation of facts can do to get things clear in one’s mind. This has done just that. It has been a long time since the trial, and I had forgotten much of this detail. I hope Peter will have a page for this so that people can find it easily and quickly. It is impressive, even just visually - so many witnesses, and so many professionals all coming together to get to the truth. Italy should be proud of the thorough job it did here. Shame Ms Knox and Raffaele were the only ones not co-operating…

Keep up the excellent work!

Posted by TT on 10/01/10 at 12:19 PM | #


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