Friday, January 30, 2015

Summaries Of The Nencini Report #1: The Attention Directed To Various Crucial Timings

Posted by Cardiol MD



[Florence Palace of Justice at night]

1. Overview Of This Series

The court-ordered repeat of Knox’s and Sollecito’s appeal concluded in Florence a year ago.

On 25 March of this year Paolo Antonio Bruno, the Supreme Court lead reviewing judge, will present to his colleagues on the bench his findings and recommendations on Judge Nencini’s findings and verdict.

Between now and then we will be posting on areas of the report which make the final conclusions firm and, we believe, have the defenses pretty stumped

The Nencini version we use is the PMF translation introduced here. The full report can be read in HTML format on the Wiki and downloaded in Acrobat format from PMF.


2 Approach To This Summation

The Nencini reports builds on and essentially endorses the outcomes of three previous courts: Micheli 2008, Massei 2009, and Cassation 2013.

Despite the lengths of those reports, no court described from all angles every piece of evidence, and the most persuasive 1/4 of the trial in closed court in 2009 (the autopsy and the recreation of the attack) have never been publicly fully reported upon. 

TJMK has posted summaries of all of those reports: see the Micheli Report, the Massei Report. and the Cassation report.

Summarizing requires selection, deciding what to include and what to omit. The aim here is to emphasize the points to which the Judges seemed to attach the most weight. What was in the minds of the Judges can be inferred only from the words of the report; their sequence tends to be chronological, rather than determined by relative importances they conclude.

The Knox, Mellas and Sollecito misinformation campaigns dont wat you to know this, but with the exception of translations by Andrea Vogt, no main stream media in the US or UK has yet translated or summarized or even excerpted any of those reports. Most did not even mention them at all.

3. Phone Records On Coordinated Universal Time Protocol

The CUT protocol is used for civil telephone time-keeping all over the Earth’s surface, including in Italy, the U.S. and the U.K.

Coordinated time-keeping assures that the time assigned to a telephone event is accurate and very precise, independent of where it occurs. Uncoordinated Time-keeping can result in a time being assigned to a telephone event even before it actually did occur.

Although not explicitly pointed-out in the Nencini Report or other official reports and documents, CUT is the protocol used for all telephone-traffic times, mobile and landline, involving all users referred-to; they are precisely recorded, their very existence, their start, their end, their duration, and even their location. Only their content is protected.

Therefore there is a wealth of information about which there is no doubt at all with regard to the existence and the time-sequence of ‘phone traffic, which is selected for inclusion in Nencini here:It’s almost as if the ‘phone users are wearing criminal-offender’s ankle bracelets. CUT records enable decisive challenge to the credibility of a false witness (impeachment).

1. Timing of The Lumumba Text Traffic

Nencini finds that Amanda Knox was not at Sollecito’s at 20:18 and 12 seconds when she received Patrick Lumumba’s text message,  but was at Sollecito’s at 20:35 and 48 seconds when she responded to Patrick Lumumba’s text message. and her claim that she was there both times is false.

{Ed: Furthermore, although mentioned in TJMK but not mentioned by Nencini, Knox was not due at "Le Chic" until 10: pm, it is implausible that at 8:18 pm she was on her way to work. More than 17 minutes are left unaccounted-for. Given the local geography, those 17 minutes unaccounted-for provide ample time for Knox to go to her own apartment and, before Meredith's return at 9:pm, take the rent money never-otherwise accounted-for.}

2. Timing of Meredith’s Murder #1

The murder of Meredith Kercher was committed between 9:00 pm on 1 November 2007, when she returned to her rented apartment at the Via della Pergola cottage, and 00:10:31 am on 2 November 2007 when “her” stolen mobile phone was found by its receipt of CUT-timed call to have been located at the garden of the residence of Elisabetta Lana at no. 5\bis Via Sperandio, in Perugia.

The phone had last been used to make an attempted internet connection from the cottage at 10:13:29 hours (9 seconds duration) on 1 November 07.

3. Timing of Meredith’s Murder #2

[63-64] “It is certain that at about 9:00 pm Meredith Kercher said goodbye to her friend before going home, and was therefore still alive at that time.

Investigations of the phone records establish that the mobile phone containing the English SIM card issued a signal at 00:10:31 am on 2 November 2007 that was intercepted by the cell tower no. 25622, a cell tower that could not be affected by signals coming from Via della Pergola, but that intercepts signals coming from Via Sperandio, a road where the mobile phone had been abandoned after the murder by the homicide perpetrators.”

Therefore at 00:10:31 am (ten and a half minutes past midnight) on 2 November 2007, Meredith’s murder had already occurred.

4. Timing Of Alibis of AK And RS

[140] “Thus, it can be affirmed at this point that, on the basis of the statements of both the witnesses, and on the basis of the picture emerging from the phone records previously noted, Amanda Marie Knox was lying when she was provided her second version of the events that occurred on the afternoon of 1 November and on the morning of 2 November 2007.

The alibi provided by Amanda Marie Knox – of having returned to Raffaele Sollecito’s home in the late afternoon of 1 November 2007 and of having remained there, in the company of the co-accused, until 10:00am in the morning on 2 November 2007 – does not correspond to the truth.

Based on the precise witness testimony of Antonio Curatolo and Marco Quintavalle, which this Court finds credible for the reasons expressed, Amanda Marie Knox and Raffaele Sollecito, from 9:30pm to around midnight of 1 November 2007 were seen in Piazza Grimana on multiple occasions, a few yard from the cottage at no. 7, Via della Pergola, where, in the same span of time, the murder took place.

Amanda Marie Knox went to Marco Quintavalle’s Conad shop around 7:45am on 2 November 2007, obviously in search of something to buy that she could not find. She was noticed by Mr. Quintavalle who, at the trial, identified her with certainty in the courtroom. So we are able to affirm that Amanda Marie Knox was lying when she claimed to have slept at Mr. Sollecito’s house in his company until 10am in the morning on 2 November 2007.

Having already been proven false by witness testimony, the alibi given by the accused is also proven false by comparing it with objective data, which tallies with the witness testimony referred to above.

[141] First of all, the examination of the phone records.

From the phone records in the court file, it is apparent that Raffaele Sollecito’s mobile phone remained inactive from 8:42:56 pm on 1 November 2007 until 6:02:59 am on 2 November 2007; switched off or in any case “out of range” of the signal.

It emerges from the records that the last telephone contact engaging his device dated 1 November 2007 is the call at 8:42:56 pm received by the father, Francesco Sollecito, during which Raffaele spoke to the father about the broken pipe in the kitchen; the subsequent contact at 6:02:59 am on 2 November 2007 was the SMS [text message] sent to him by the father, Francesco Sollecito, and which was generated by this latter’s telephone at 11:14 pm on 1 November 2007.

Both contacts linked via the “cell” that serves number 130, Via Garibaldi, and so it must be concluded that the timings indicate that the mobile phone was present inside Raffaele Sollecito’s residence at number 130, Via Garibaldi.

From the critical examination of what results from the phone records, it can objectively be held as proved not only that Raffaele Sollecito’s phone was not “active” from 8:42:56 pm on 1 November 2007 to 6:06:59 am [sic] on 2 November 2007, but that, reasonably, at 6:02:59 am on 2 November 2007 Raffaele Sollecito was in fact not sleeping, as stated by Amanda Marie Knox and averred to by Mr. Sollecito; rather, he was wide awake, enough to switch on his own mobile phone and be able to receive the SMS sent to him by his father the night before.

The Defense, supported by the conclusions of their technical consultants, argued that the fact of having received the SMS sent by Francesco Sollecito to his son on the evening of 1 November 2007 only at 6:02:59 am on the morning of 2 November 2007 would not necessarily be proof that the accused had switched his phone on at that time, since the phone, until that time, could have simply been positioned at a spot in the house where it was not able to receive the “signal”, on the assumption that special measurements had been made showing that not all points in the apartment at 130 Via Garibaldi were able to effectively receive the phone “signal”.

This Court finds that the Defense argument is not justified.

If in fact one can agree with the Defense reasoning by which there is no certain proof that at 6:02:59 am on 2 November 2007 Raffaele Sollecito’s phone was switched on (by himself or by Amanda Marie Knox, the only two present in the apartment) allowing [142] reception of the SMS sent to him by his father a good six hours earlier, the only logical alternative is that someone obviously moved the phone inside the apartment from the location in which it was positioned, and where it was not receiving the “signal”, to a different location in the apartment, where the “signal” was received.

What matters, and what the Court finds proved, is that at 6:02:59 am on 2 November 2007 in the apartment at 130 Via Garibaldi, they were not in fact asleep, as the defendants claim, but rather the occupants were well awake, so much as to switch on or move the phones.

And that the situation inside the apartment at 130 Via Garibaldi was not in fact that of a house in which the occupants spent a peaceful night also emerges from an examination effected on one of Raffaele Sollecito’s computers by the Postal Police.

It appears that at 5:32 am on 2 November 2007 the computer connected to a “site” for listening to music, remaining connected for around half an hour. Therefore, at 5:32 am someone in the house occupied by Amanda Marie Knox and Raffaele Sollecito sat in front of the computer and listened to music for around half an hour and then, at 6:02:59 am, either switched on Raffaele Sollecito’s mobile phone or put it in a different place in the apartment.

At the conclusion of the critical examination of the statements made by the defendants it can therefore be affirmed not only that the statements made to the investigating police at 1:45 am and to the Prosecutor at 5:45 am on 6 November 2007 by Amanda Marie Knox constitute a malicious incrimination as regards Patrick Lumumba, but also that the same was constructed for the specific purpose of distancing police suspicion from the defendants, offering the investigators a “guilty party” on which to focus their attention.”

Here, Nencini is clearly summarizing his own conclusions regarding Knox’s statements re Patrick Lumumba.




Comments

In the quote of Nencini re Sollecito’s last use of his phone on Nov. 1, 2007:

“the last telephone contact engaging his {Sollecito’s} device dated 1 November 2007 is the call at 8:42:56 pm received by the father, Francesco Sollecito, during which Raffaele spoke to the father about the broken pipe in the kitchen”

Nencini’s apparent acceptance of the Sollecito’s version of the content of that conversation re “the broken pipe” has no independent corroboration, as previously mentioned on TJMK.

It seems more than likely that this allegedly broken pipe is part of the cover-up story, invented to explain their possession of the mop at the cottage.

Posted by Cardiol MD on 01/30/15 at 04:25 PM | #

A lovely posting, Cardiol.  Looking forward to reading the rest of the series!

Posted by Chimera on 01/30/15 at 10:37 PM | #

A small point but the 8:42:56 call was made by, not received by, Sollecito’s father.

Posted by James Raper on 01/31/15 at 06:50 AM | #

I just have one query about the 20.18 text message from Lumumba received by Knox’s phone.

While it is certain that the message arrived on the phone at that precise time, (via that precise cell tower) it doesn’t inevitably follow that Knox read the message immediately it arrived.

Posted by Sallyoo on 01/31/15 at 06:50 AM | #

Thanks Chimera - word of mouth has it that the C.U.T. 24-hour notation, Hour:Minute:Second, may confuse some Readers, especially if am or pm are tacked on, although intended to be helpful. This will be addressed in Post #2.

@ James - thanks for your point re “from” quote of Nencini Report.

@ Sallyoo - good point.

Posted by Cardiol MD on 01/31/15 at 07:37 AM | #

tick tock tick tock….running out of time foxy and knife boy…. how pathetic you both look.. puny pond life..not fit to walk amongst decent folk….

Posted by mollythecat on 01/31/15 at 10:18 AM | #

Just to put this in perspective I have from time to time written dubious invective on Knox web site just to see the reaction which of course is always predictable. If you comment using common sense that cannot be refuted then all that comes back is that “You are desperate.”

For example. After March when the guilty verdict is confirmed there will be a flurry of tweets and sensationalism on CNN/Fox etc; which, after about four or five days will cease to be news worthy. Point of fact because Knox is old news anyway and the general public have other things to worry about such as war famine pestilence disease etc.


The commonality of the Knox cult is one of childish nonsense which has reverted to “My family is better than yours” This, while silly in the extreme, is important because to paraphrase Tzun Tzu the Chinese philosopher who wrote “The art of war” “Know yourself. Know your enemy. A thousand battles a thousand victories.” it’s important to keep ones finger on the pulse of these supporters so that their eventual screams of innocence invective and lies can be countermanded. That will come in March of course.

Curiously there in nothing of any worth coming from the Moore’s or Fischer either so I just wonder what they are plotting? Perhaps Steve Moore and his little plane will transport Knox away to somewhere where there is no extradition treaty with the US.That is unlikely and stupid given the amount of money it will take for her to live outside the US and therefore make herself available for bounty hunters.

Knox supporters are even banking upon the court of international appeal unaware that their little petition of perhaps a thousand signatures (some of them reproduced) will go anywhere. In their egocentricity they really believe they, or it, will make any difference at all. Point is Knox is yesterday just as Sollecito is and nobody, least of all the US state department, give two hoots about some silly little civilian convicted of murder in a sovereign country that has all kinds of treaties with the US.

Posted by Grahame Rhodes on 01/31/15 at 11:32 AM | #

Cardiol MD,

I agree wholeheartedly that the “broken pipe” reference is devoid of any supportive evidence and Nencini is particularly weak where he parrots it as fact in his judgment.

It is worth a trawl through all the references, by both Knife Boy and ObKnoxious,  to the alleged water “spill”, which in reality, was always, ( as you have stated), concocted bullshit to provide a cover story if Knox had been witnessed, (after the “clean up”), bringing the mop back to Knife Boy’s residence.

As ever, the devil grins from the detail.

Posted by Mealer on 01/31/15 at 04:31 PM | #

Wasn’t the water on R’s floor attributed to a “pasta spill”, according to one of Knox’s versions?

Posted by mimi on 01/31/15 at 05:52 PM | #

On the way back from a bird sanctuary garden today, I passed a sign in the new city I’m visiting that said “Poindexter Street”. I had a flashback to Amanda’s “Stand up for yourself, Poindexter (meaning geek)” statement she made.

Her speech about Poindexter was made to the appeal court of December 2011. That was when she talked and talked and talked, assured the Kerchers they were not alone because she was thinking of them, claimed she was not “that girl” and claimed “We are innocent” for herself and Raffaele. Peter Hyatt did statement analysis of it in a post on TJMK. He said that Knox made no firm denial of her participation in the crime by his analysis.

Knox opened her 2011 speech to the court with the point that she could never verbally defend herself or her values in discussions among friends. Her friends would tell her, “Stand up for yourself, Poindexter”. That refers to a childish old cartoon called Felix the Cat.  Amanda spoke all this to the court in Italian.

Posted by Hopeful on 01/31/15 at 07:44 PM | #

@ mimi - re “Wasn’t the water on R’s floor attributed to a “pasta spill”, according to one of Knox’s versions?”

A TJMK comment, on 07/06/07 stated:

” ....In his statement to police Sollecito said the mop was needed to clean up water from a broken pipe. In her email of Nov 4 Knox said it was needed to mop up water from a pasta spill the night of the murder. ....”

The email Knox wrote on Sunday November 4, two days after the murder, and sent to some two-dozen friends and acquaintances back home, includes this passage:

“......i woke uparound 1030 and after grabbing my few things i left raffael’s appartment and walked the five minute walk back to my house to onceagain take a shower and grab a chane of clothes. i also needed to graba mop because after dinner raffael had spilled a lot of water on thefloor of his kitchen by accident and didnt have a mop to clean it up…..

However the e-mail made no mention of any pasta spill, and although there are other references to this spill, I suspect it may be gossip.

Posted by Cardiol MD on 01/31/15 at 11:42 PM | #

I quote from

http://themurderofmeredithkercher.com/Does_Amanda_Knox’s_Account_of_the_Morning_of_Nov_2_Sound_Believable?

“The Mop

Knox and Sollecito claim that they needed a mop to clean up a water spill from the night before. This is a lie. The water spill was mentioned in Raffaele’s 8:42pm phone conversation with his father the previous night. As such 13-14 hours had passed since the water spilled. It is impossible under any realistic scenario for there to be any water left to clean after that much time has passed. The rate of evaporation is a function of surface area so a large spill on the floor takes only slightly longer than a small spill because unconstrained water will just spread out. The calculation for the rate of evaporation is easy to do and even if you give Knox and Sollecito the most generous assumptions for the unknown variables it is still impossible. There was no water to clean up in the morning so no need for a mop.

So why did they lie? We don’t know. The mop was tested and nothing related to the murder was found. As such this remains a mystery. We know that Knox and Sollecito are lying about needing a mop that morning but not why this is important. One possible explanation is that there was more than one mop and that the other mop was disposed of. Possibly they were afraid that someone had seen Knox transporting that mop that morning so they made up the story about needing to clean up the spill as a way to explain any potential witnesses coming forward and stating that the saw them with a mop that morning”.

I need hardly add further.

Posted by Mealer on 02/01/15 at 09:06 AM | #

@ Mealer - re

“One possible explanation is that there was more than one mop and that the other mop was disposed of. Possibly they were afraid that someone had seen Knox transporting that mop that morning so they made up the story about needing to clean up the spill as a way to explain any potential witnesses coming forward and stating that the saw them with a mop that morning”.

But, following-through - & possibly, the original, contaminated-beyond-concealment mop vHad-been disposed of, and a new mop had been acquired at Quintavalle’s Store.

Did Quintavalle’s sell such mops as Knoxenkessell was found with? Is there a record of such as sale on Nov. 2, 2007? Even if not, unrecorded sales can be explained by that surreptitious student-form of acquisition, shoplifting.

As we have discussed in the past, shoplifting is not good for business, but punishing student shoplifters can be even worse.

However, here there would have been the potential for witnesses.

Posted by Cardiol MD on 02/01/15 at 11:01 AM | #

@Cardiol

The CUT or UTC (as we call more commonly in computerse) is a standard and all UTC are finally converted into local times and this includes the daylight saving time. All the telephone records are in local time, if I understand it correctly. For the common man, UTC is essentially same as GMT.

about the broken pipe: also called the trap, it is a U shaped tube that always holds some residue and water (it helps to block offensive gases returning back to sink). I believe that it was deliberately removed to clean any remaining residue (police always checks this piece of furniture) that might have got stuck!

Obviously, the two kids did not have much coordination!

Posted by chami on 02/02/15 at 02:47 AM | #

chami - Thanks for your Comment re the equivalency of CUT and UTC. Note the Hour: Minute: Second Notation, giving us the 24-Hour time down to the nearest second, for a specific date.

Re the below-sink trap. This is something many of us should be familiar with. Many’s the time I’ve worked on those traps, since my teenage and after. It gave me great feeling of accomplishment.

This enhances understanding of Sollecito’s excuse for the mop, but doesn’t alter my opinion of its role in their cover-up

Posted by Cardiol MD on 02/02/15 at 07:54 AM | #


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