Thursday, April 30, 2015

Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #2

Posted by Cardiol MD

The Italian Supreme Court is in the background

1. This Series’ Ominous Context

On Friday, 27th March, 2015 a Panel of five Court of Cassation judges of the Fifth Criminal Chamber of the Supreme Court in Rome, found Amanda Knox, and Raffaelle Sollecito, Not Guilty of the Murder of Meredith Kercher.

The President Judge of the Fifth Criminal Chamber of this Supreme Court Panel is Gennaro Marasca, The Prosecutor General is Mario Pinelli, and the Reporting Judge for the Meredith Panel is Antonio Paolo Bruno.

Near the start of the above SCC hearings Judge Bruno was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”

We consider that to be flat-out wrong. Absurd in fact, as the hapless Hellmann & Zanetti could testify. So do numerous professionals well-briefed on the case in Italy. We expect soon articles in Italian similar to this one.

In fact if the forthcoming Marasca Sentencing Report attempts to brush the numerous real factual certainties under the table there is a near-certainty that the perverse verdict can be overturned by way of a lawsuit or a petition to the President of the Italian Republic. 

Post #1 of 10 April described some 26 of the factual headaches facing the SCC under the strict Italian Legal Requirements for classification of Evidence as Circumstantial-Evidence.

The fact that the trials actually had very many certainties was demonstrated in Post #1, and continues in this Post.

2. Note On Circumstantial Evidence

Defendants typically trivialize Circumstantial-Evidence as “Only Circumstantial-Evidence”.

Actually, Circumstantial-Evidence is often the most potent evidence leading Finders-of-Fact to their Verdict. This is even more true in Italian Law because its Circumstantial-Evidence classification-requirement provides that an evidentiary circumstance or fact must be true to the level of being a Certainty. Therefore, for example, the unverifiable RS/AK broken water-pipe story can not be classified as Circumstantial Evidence and cannot legally be admitted as Evidence at all.

Continuing the review of the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings, demonstrating the large number of Certainties:

3. Certainties 27 To 30



This Subject has already been commented-upon in Pesky #1, under the Heading “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’.”

According to the Massei Summary, Part 3:

“8. The staged break-in

The Massei Report examined the evidence surrounding the broken window and disarray in Filomena Romanelli’s bedroom in order to determine whether a real break-in had occurred or the appearance of one had been staged….....

The court concluded that the disorder in Romanelli’s room and the breaking of the window pane constituted an artificial representation created in order to misdirect the investigations towards a person who, not having the key to the front door, was supposed to have entered through the previously broken window and then effected the violent acts on Meredith which caused her death.”

So Massei, having carefully analysed all the Evidence, and the Arguments on both sides Concluded that there was No Burglary at all, and that Meredith’s killers had deliberately created the appearance of a Burglary, in order to misdirect the Investigators of Meredith’s death.

According to the Hellmann-Annulling SCC Panel wrt the Simulated Burglary:

Page 56:

“The compartmentalisation of the single pieces of evidence thus weakened their value and their depth, since a piecemeal evaluation of their relationship and of the required synthesis inevitably followed, ignoring the increase in value that the pieces of the mosaic of circumstantial evidence assume when synergistically evaluated.”

The Panel begins its justification for Annulling Hellmann/Zanetti.

The Hellmann-Annulling SCC Panel Page 66:

“.....the simulation of the burglary should have been evaluated in light of the investigative data collected immediately after the event,  such as Rudy’s shoeprints (along the path of his flight)  and the traces of the victim’s blood detected in many spots in the bathroom used by Ms Knox and [49] Ms Kercher, surely carried there by third parties present in the house after the murder.”

The Panel takes-for-granted that the “Burglary” was Simulated by the Perps, and focuses on its improper evaluation by H/Z.

The Hellmann-Annulling SCC Panel Page 82-83:

“The Hellmann Court of Appeal preferred ““ in full agreement with the defence pleadings ““  to favour the information the unreliable Rudy Guede had conveyed in his chat with his friend Benedetti, i.e., that he was in via della Pergola around 9.00/9.30 PM on the first of November 2007;  this information was correlated with the victim’s telephone records which registered:

a)  an unanswered call at 8.56 PM
b)  the dialling of the number 901, corresponding to an answering service at 9.58 PM, immediately after which the call was blocked
c)  at 10.00 PM the dialling of the first number in the list of phone numbers for the Abbey bank, without however the dialling of the required dialling code
d) at 10.13 PM a GRPS connection of the length of nine seconds, most probably linkedto a multimedia message, without the necessity of human interaction.

On the basis of these facts, the Hellmann Court reached the conclusion that Miss Kercher had not called her family again in the period of time between 8.56 and 11.00 PM,  since shortly after the first attempt an unexpected event may have occurred, such as for example the attack,  and the dialling of the number at 10.00 PM could have been done [61]  by another person, who was not familiar with that mobile phone, while attempting to silence it, a fact which would place the time of death at before 10.13 PM.

The reconstructive path is permeated with factual deductions deriving from a series of conjectures and baseless suppositions, without any reliable, demonstrative basis,  in spite of [other]  findings of significant value which conflict with those [deductions] and have a greater probative value,  which were reduced in their importance on the basis of an unsatisfactory reasoning,  which stands out because multiple passages contradict other passages of the statement of reasons, and because of manifest illogicality which must be rightfully censured in this venue. “

The Panel implicitly includes H/Z’s failure to recognize the “Burglary"as simulated, as part of its “unsatisfactory” and improperly “baseless” reasoning.

NENCINI Page 175:

“In the cottage at 7 Via Della Pergola, on the day of 2 November 2007, in the early hours of the day and up until approximately 12.00 pm, nobody had a shower, just as no burglar had gottenin through the window of Filomena Romanelli’s room; more simply the totality of the circumstantial evidence examined to this point gives us a plain picture of how the defendants put into action a clean-up of the traces of the murder committed and activity to “derail” the investigations that involved a series of actions, a number of which are still to be described.”

So, having stated at length “the totality of the circumstantial evidence examined” Nencini concludes, that the defendants (Knox and Sollecito) had faked the “Burglary” and,

Nencini Page 335:

“...we exclude, for the reasons already expressed, that the murder was committed by a burglar caught in the act of entering the flat after breaking Filomena Romanelli’s window…”

The Nencini Appellate Court Judges, presumably recognise that their conclusion Knox and Sollecito had faked a burglary didnot implicitly exclude the co-existence of a real burglar.

So now they explicitly “exclude” the conclusion that the murder was committed by any burglar.

What will the Marasca Panel make of that?


Amanda Knox is herself the very first person to refer to the Scream, in her voluntarily insistent Written-Note of November 6th, 2007.

This allegation is generally accepted to be so factually Certain that its factual existence has never been plausibly disputed.

Massei Pages 98-99:

“ can thus be held that, in fact, towards 23:30 pm on November 1, 2007 there was a loud, long scream from a woman which came from [91] the house at 7 Via della Pergola.
After this scream, Nara Capezzali heard running on the metal stairs located below her residence in the S. Antonio car park towards the section used as the exit for the cars, and straight afterwards she heard running on the path situated in front of the house in Via della Pergola.

The harrowing scream heard a little before must have caused a strong agitation in Mrs. Capezzali, who was rendered particularly sensitive and attentive to what might happen and who knows the area; therefore, it is to be held that she referred to noises on the metal steps and on the path because there actually were such noises and she was able to hear them.

Furthermore, the deposition of the witness Dramis, who referred to “šrunning steps”› heard about 23:30 pm on that same November 1st in Via del Melo, which is very close, almost a continuation of the path of the houseIp in Via della Pergola, could constitute some confirmation of this.

The running on the path in front of the house at 7 Via della Pergola shortly after the heart-rending scream leads this Court to hold that the heart-rending scream came from the house at 7 Via della Pergola; likewise, whoever’s running steps were heard on the metal steps and whoever’s running steps were heard a little later on the gravel path and leaves in front of the house at 7 Via della Pergola lead the Court to hold that more than one person came out of that house.”

So Massei “held” as a specific “fact” that the scream, came from the 7 Via Della Pergola cottage, rented by Meredith Kercher and Amanda Knox, among others, at about 23:30 pm on November 1st, 2007.

However, Hellmann/Zanettii, and the miscellaneous FOA systematically trivialized the Scream, e.g.: the Police made AK invent it; the Police suggested it to AK; the Police tricked AK into writing it down; there are so many Screams-in-the-Perugia-Night that the scream the Witnesses testified to having heard was not Meredith’s Scream; the scream the Witnesses testified to having heard was at some other time; and Meredith’s Scream was at yet another time. So-many imagined doubts were marshaled that Hellmann/Zanettii argued that there was too much Reasonable Doubt.

The Hellmann-Annulling SCC Panel Page 86:

“Before concordant pieces of data convergent towards a time necessarily later than the one established by the court, back to which the heart”rending scream of the unfortunate Meredith needs to be tracked, the appeals court preferred to draw the threads from Guede’s presentation of facts, [which he] delivered in a context outside the court, and anyway absolutely false (given that the accused declared himself to be uninvolved in the murder).

The conclusions drawn appear even more jarring if one only considers that the heart”rending scream was mentioned even by Amanda herself in her handwritten letter when the fact was not yet in the public domain. Not only this, but the reconstruction made by the Hellmann Court of Appeal is not even in line with the relevant post-mortem findings, which indicated a time of death range from 6.50 PM to 4.50 AM on 2 November, thus at a time around 11.00 to 11.30 PM according to the calculated average, so as the First Instance Court had argued, with greater adherence to the available evidence.

Thus, the statement of reasons suffers from a grave lack of logic and from inconsistency with other available evidence also on this point, openly showing an obvious explanatory inadequacy to which the judge of remand will have to bring remedy.”

So this SCC Panel Excoriates Hellmann/Zanetti’s biased and illogical reasoning wrt the scream,  constructively ordering the judge of remand “to bring remedy”.

NENCINI stated on pages 117-118:

“.....from her very first statements, Amanda Marie Knox provides the picture that, at some point during the attack, Meredith was screaming. Indeed, it was only because of the poor girl’s scream [102] that the defendant imagined “what might have happened”. This scream, so excruciating that it caused her to move her hands to her ears to block it out, is introduced in the written statement on the same morning at the offices of the Perugia police. Significantly, this is the scream that was clearly heard by the witnesses Nara Capezzali and Antonella Monacchia. It was so “excruciating” that Nara Capezzali was beside herself, something that she told the First Instance Court hearing on 27 March 2009, having previously only spoken about it to the police, about a year after that night of November 2007.”

Thus does “the judge of remand” bring remedy, expressing no doubt that the scream Knox claims to have imagined “might have happened”, Certainly Did-Happen.

It will be interesting to see Bruno’s take if his SCC Panel submits its Motivazione.


This Knife was mentioned in Post #1, in which the use of at least 2 knives in Meredith’s murder was established.

Massei Page 194:

“Seven samples were taken from the exhibit [reperto] acquired by the Flying Squad of Perugia (i.e, Exhibit [reperto] 36) and consisting of a large knife, 31 centimetres long; on the handle, from the trace indicated as “štrace A”›, the genetic profile of Amanda Knox was found and in a point on the blade, the genetic profile of the victim was found. All of the other samples gave negative results. “

Here, calling this knife Exhibit 36, Massei reports that Meredith’s DNA was found on this knife (In spite of the fact, corroborated by Knox herself, that Meredith had never been in Sollecito’s flat), as well as Knox’s DNA.

Massei Page 264:


[282] On November 6, 2007, during the search carried out in the apartment in Perugia where Raffaele Sollecito lived, the 31cm-long knife was found.”

Here, Massei refers-back to when and where this knife was found.

Massei Pages 373-375:

“Of Raffaele Sollecito’s habit of carrying a pocket knife, Corrado De Candia also made reference, recalling that the blade of Raffaele Sollecito’s pocket knife had a length around 6-7cm and a width of 1cm or less.

In relation to the preceding (Raffaele Sollecito actively present at the scene of the murder, finding himself behind Meredith, pulling on the bra with violence, finally deciding to cut it), it must be affirmed that Raffaele Sollecito not only found himself at the scene of the murder and pursuing, with violence, the same objective as RudyGuede, but he is there with a well-sharpened knife (dangerous and thus capable of cutting a resistant material, such as that of a bra, [401] especially in the part that was cut, which may be seen in photos 117 and 119 in the second volume of photographic evidence) and having a blade probably around 4cm long, as De Martino and Binetti have referred to (the length of this, 4cm, appears more consonant with the type of pocket knife described, and Raffaele Sollecito’s habit of always carrying a pocket knife attached with a clip to his trousers, and therefore to be considered rather short and manageable, with respect to a blade of 6 or 7 cm, as indicated by Candia).

Elements which lead one to consider that the 4cm in depth wound was inflicted by Raffaele Sollecito with the pocket knife that he was always carrying around with him, and was inflicted immediately after having cut the bra, while Rudy penetrated the unfortunate victim ““ who had been almost completely stripped naked ““ probably with his fingers because the biological trace on the vaginal swab did not present anything of a spermatic nature.

That the knife used by Raffaele Sollecito on that occasion, according to what has been said, has not been found, is an irrelevant circumstance when it is a case of blade weapons [arma bianca] of easy availability and easy enough to conceal (cf. on this specific point, Cassation 30 June 2004, no 48349).

This progression of violence, from advances to gripping, from which derive the numerous bruises, to ultimately injuring the girl with a knife, finds a possible explanation in the fact that Meredith, it must be held, continued to put up the resistance that she could (there are in fact no signs of yielding, of any acquiescence occurring and, as a matter of fact, the scream that Nara Capezzali and Maria Ilaria

Dramis have declared to having heard confirm this behaviour of the young lady), and, to the end of completely subduing her, even to her will as well, probably, as an angry and almost punitive reaction against a girl continuing in this behaviour, there was the blow inflicted upon the neck producing the 4cm deep wound (corresponding to about the length of the blade described by Binetti and De Martino), a blow that, as observed above, is to be held to have been inflicted with the same pocket knife used to cut off the bra and therefore by the [402] same person who had sliced the bra itself and who had the use of this pocket knife, and this is Raffaele Sollecito.

The very loud scream (as described by Maria Ilaria Dramis) of pain and, at this point, also of terror, made by Meredith and of which it was said, not causing any repentance among the attackers, but the final definitive progression of violence, and while her already-cut bra was being removed (the bra that, coming into contact with the part of the body that had begun to be covered in blood from the wound in the neck, itself became partially stained with blood), the hand of one of the attackers sealed Meredith’s mouth, so that she could not scream again, and another of her attackers struck her again on the neck, but on the left side because, probably, they were on the other side with respect to the person who had inflicted the 4cm deep wound, causing [in their turn] a lesion 8cm deep. Meredith tried to withdraw the part of her body that was once again and more deeply attainted but, held by the hand of whoever was holding her mouth shut and countered by the presence of the one who had caused the 4cm-deep wound, she ended up being driven back towards the knife that still remained in the wound itself, and occasioned a second incision on the epiglottis, as has been seen, almost as if it were [a case of] a second blow being inflicted upon her.

This dynamic requires the presence of a second attacker, of a second knife. This Court holds that the second attacker is Amanda Knox and the second knife is Exhibit 36. The outcome of the genetic investigation with a quantity of DNA indicated as “štoo low”› was placed under censure and doubts about reliability. Equally, the incompatibility of this knife with the wounds suffered by Meredith was affirmed.

On these matters, the considerations already made must be recalled, which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound. The inquiry elements allow, still, further observations.

This knife, which attracted the attention of Inspector Finzi during the search in Raffaele Sollecito’s house such that it was taken, unlike the other knives that were in the same drawer, must have presented itself as different from the others, with [403] its own individuality with respect to the other knives present in the Corso Garibaldi house. The owner of this house, were this knife not to be found in the Corso Garibaldi house, would have been able to remember its presence and note the absence of this utensil, and this circumstance would have been able to constitute a trace, an investigative hypothesis upon which Raffaele Sollecito may have been called in to supply an explanation for. In relation to this, it is to be held that Amanda and Raffaele would have evaluated as opportune to carry the knife back to the house from which it had been removed, considering also that its cleaning (it was in fact found extremely clean, as has been noted) would have ensured the non-traceability of the wounds suffered by Meredith to it itself.”

Massei here explains the sequence of events at the murder-scene, the knives used, who used them, the wounds inflicted, the scream, why there must have been at least one more attacker additional to Guede, and why it is Certain that 2 knives were used, one of which was Exhibit 36, and why the Court concludes the second attacker to be Amanda Knox and the killing-knife to be Exhibit 36.

Massei also discusses the transport, cleaning and return of Exhibit 36 to Sollecito’s rented flat.

The Hellmann-Annulling SCC Panel Pages 88-90:8

“In the course of their investigation,  the appointed experts found a third trace on the blade of the knife taken from Sollecito’s flat (Exhibit 36), apart from the one attributed without objection to Knox and the one attributed with strong objections to the victim, right near the trace from which the DNA attributed to the victim was extracted. This [third]  trace was not submitted for genetic analysis due to a decision made unilaterally by one of the experts, Prof. Vecchiotti, without written authorisation from the Court, which had in fact precisely charged her with the task of attributing the DNA found on the knife and bra clasp,  because the previous traces] were deemed to be of insufficient quantity to yield a reliable result, being low copy number. Her decision was later approved by the [Hellmann Court of Appeal] on the assumption that the [new]  quantity was [also]  too small to permit the two amplifications needed to ensure reliability of the result (page 84 of the [appeal] judgment).

Therefore,  [65]  when the Prosecutor General and the Counsel for the Civil Partiessubmitted a request to complete the analysis on the basis of the scientific explanation provided by Prof. Novelli,  a geneticist of undisputed repute recognized by the [appeal] court itself (page 79 statement of reasons),  regarding the availability of instrumentscapable of reliably analysing quantities even smaller than ten picograms in diagnostic fields (such as embryology) in which the need for certainty is no less important than in thecourts,  the Hellmann Court of Appeal refused on the assumption that the methods mentioned by Prof.  Novelli were “in an experimental phase”  (page 84),  thereby freely interpreting and misrepresenting the testimony of the professor,  who on the contrary mentioned the use of such techniques in diagnostic domains in which the certainty of the Presult is essential.

All in all,  the modus operandi of the Hellmann Court of Appeal which,  unacceptably delegating its own function,  entrusted to the unquestioned evaluation of the expert the decision of whether or not to submit the new trace for analysis, is open to understandable and justified censure, considering that the test requested by the Court should have been done, lying as it did within the scope of the expert’s mission, subject to a discussion of the results if they were not deemed reliable.  In any case,  a member of the panel of experts could not assume responsibility for unilaterally narrowing the scope of the mission, which was to be carried out without hesitation or reservation, in full intellectual honesty, giving a complete account of the possible insufficiency of the material or unreliability of the result.

All the more so as the repeat of the genetic tests was requested in 2011, four years after the initial tests; a lapse of time during which significant progress had been made in the instruments and techniques of analysis, as Prof. Novelli, a consultant to the Prosecutor General, stressed. Precisely on receiving the information from this consultant, who spoke of cutting”edge techniques while under oath ““  the Court fell into another gross misinterpretation, in a significant argument concerning the reliability of the results of the analyses made, by assuming the impossibility of repeating the tests even on traces found at a later time, thereby affecting the logic of the statement of reasons (Section I, 25.6.2007, n. 24667).

The Hellmann Court of Appeal also completely ignored the authoritative points offered by Professor Torricelli,  who shed serious doubt on the fact that a very small quantity was found; she quantified the useful material in the new trace as 120 picograms (hearing of 6 September 2011, page 91 of transcript), which is sufficient to execute a double amplification,  and she opposed the methodology by which Prof. Vecchiotti reached the decision not to proceed, in a report obviously not endorsed by the Prosecutor General and the Civil Parties. The authoritative nature of the observations of the two consultants of the parties [66] would have required that the Court deal with their points, which irremediably conflicted with the assumptions of Prof. Vecchiotti,  whose points could indeed be accepted by the Court,  but only after evaluation of the opposing points, which were of equal scientific value.

It must be concluded that when it rejected the request of the Prosecutor General and of the Counsel to the Civil Parties to complete the expert investigations by analysing the new traces found on the blade of the knife collected in Sollecito’s flat, as initially mandated to the experts “” a request that was supported by more than adequate scientific knowledge “” the Court made a flawed decision, by reason of its failure to comply with the relevant laws which mandate the safeguarding of all parties in their access to evidence (article 190 of the Criminal Procedure Code), especially in an area in which the expert report (as a means of seeking evidence)  was requested by the Defence,  and was arranged,  but was not completed regarding the new trace, even though it demanded a response more than any other.”

The Panel Excoriates both Hellmann, and it’s appointed expert, Prof. Vecchiotti. The latter for not examining Exhibit 36 as ordered-to by Hellmann, and Hellmann for letting Vechiotti get away with her dis-obedience.

Finally the Panel Criticised Hellman for “failure to comply with the relevant laws”.(Referring specifically to “laws which mandate the safeguarding of all parties in their access to evidence”)

Nencini Pages 337-338 :

“The Court believes that the other blade, the one that caused the wound on the left side of the neck from which most of the blood came out and that caused the death of Meredith Kercher was held by Amanda Marie Knox. It is the knife that was seized from the flat of Raffaele Sollecito by the State Police and labeled as Exhibit 36, on which it is now appropriate to make some considerations.The knife with the blade of 31cm was seized by the State Police from Raffaele Sollecito’s flatduring the first search performed there. [321]The State Police officer who physically took it from the cutlery drawer declared in testimonygiven during the First Instance trial that his attention was caught by this knife, and not others in the drawer, as it was much cleaner than the rest of the cutlery, so as to imagine that it had beencarefully and recently washed. This circumstance, which might appear to be an irrelevantpersonal perception, brought important conclusions to the trial. The Scientific Police analyzedBthe knife and found, on the blade, inside a series of streaks almost invisible to the naked eye, themixed DNA of two contributors: Meredith Kercher and Raffaele Sollecito [sic].[see Footnote 28 below]

This evidence, strongly contested by the Defense, was analyzed by this Court in the section related to the genetic analyses and there is no reason to repeat those arguments. Surely it is an attribution that cannot be considered definite evidence, for the reasons reported above related to the failed repetition of the analysis of the trace, but it remains a strong piece of circumstantial evidence of the fact that this weapon is the second one used in the murder of Meredith Kercher.

On the knife there was a second different trace with sufficient DNA for an analysis, carried out by Dr. Patrizia Stefanoni, who attributed this trace to the DNA of Amanda Marie Knox. This attribution was not challenged by the Defense and can be taken as conclusive evidence.

Furthermore, after having ordered in this remand trial an analysis of the trace (I) extracted during the course of the expert analysis performed at the behest of the Judges of the Court of Assizes of Appeal of Perugia, the Carabinieri of R.I.S. [Reparto Investigazioni Scientifiche, Scientific Investigative Unit] of Rome highlighted DNA that could be analyzed and alsoattributed it to Amanda Marie Knox, without any particular challenge.

[Footnote 28:This is certainly an oversight of the Court, as everywhere else in the report they mention the DNA of Meredith Kercher on the streaks, as is widely known. The DNA of Raffaele Sollecito on the knife is never mentioned anywhere else and is not part of the case documentationScientific Investigative Unit of Rome highlighted DNA that could be analyzed and also attributed it to Amanda Marie Knox, without any particular challenge.]

Both traces attributed to Amanda Marie Knox were extracted from the handle of the knife, from the part closer to the blade.

The evaluation of all the elements extracted from the seized knife leads this Court to believe that it is one of the two weapons used in the murder and that it was held by Amanda Marie Knox, who therefore struck Meredith Kercher on the left side of the neck, thus causing the only mortal wound. “

Nencini rebuts the Defence arguments and concludes that Knox stabbed Meredith on the Left side of Meredith’s neck, using Knife Exhibit 36, causing Meredith’s death.

Nencini Page 339:

“...Whoever struck Meredith Kercher on the left side of the neck with a stab that penetrated 8cm (the entire length of the cut) caused violent and abundant bleeding, as shown by the quantity of blood that came out and the splashes of blood on the furniture, so as to hide completely the surface of entry of the blade, thus making [323] impossible the reintroduction of the weapon in the same cut where it was introduced with the first blow.

It must be stated therefore that whoever struck Meredith Kercher on the left side of her neck did so only once, causing a devastating wound from which, pushed by arterial pressure, a great gush of blood came out, as shown by the splashes of blood on the furniture near the spot where the young woman was struck.

Thus, it must be concluded that the weapon seized is not incompatible with the wound on the left side of Meredith Kercher’s neck, certainly a mortal wound, and that the finding of Meredith Kercher’s DNA on the blade of the knife is evidence fully compatible both with the nature of the weapon and with its use.”

Nencini summarizes-finally its conclusions, rejecting Defence arguments that the Knife, Exhibit 36, is “incompatible” with the wound on the left side of Meredith Kercher’s neck, but is certainly “fully compatible both with the nature of the weapon and with its use.”

Here is the Wiki Site opinion:


Given there is no doubt that the profile discovered on the knife is Meredith Kercher’s profile and that both contamination and secondary transfer have been excluded the only possible conclusion is that the DNA got on the knife because it was used in the murder of Meredith. That Sollecito would so quickly fabricate a lie to explain why Meredith’s DNA would have been expected on the knife rather than protest that it is impossible just adds support to a position that needs no support. Sollecito’s knife was used to kill Meredith.”


[Note the difference between Footprints/Soleprints and Shoeprints; this difference is crucial]

Micheli post-trial interview 2008, according to the Guardian:

“while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.”

Excellent example of how Facts may not indicate “Who?”, but Do indicate, with Certainty, “How Many” (“more than one”)°

Massei Pages 352-353 :

“Professor Vinci stressed the value of some particularly individualising details of the right foot of Raffaele Sollecito, revealed by the said examination, consisting of: the fact that his second toe does not touch the ground (the so-called “hammer” position of the distal phalange) connected to a slight case of valgus on the right big toe, and the fact that the distal phalange of the big toe also does not touch the ground, (meaning that there is a distinct separation between the print of the ball of the foot and the print of the big toe in the footprint of the accused). Given these two features which make Sollecito’s foot morphologically distinctive, Professor Vinci’s study basically arrives at the assertion that, while the second toe of Raffaele Sollecito’s right foot is entirely absent from the footprints known to be made by him, on the contrary the footprint on the bathmat does contain the imprint of the second toe. [378] Professor Vinci reached these conclusions based on a close examination of the weave of the bathmat, and also by varying the colours of the footprint, as shown in the photograph album of the Scientific Police, so that via the use of different filtres it could be viewed in black and white or in a more intense red colour which emphasised the traces of blood.

A morphological examination of the footprint alone led the professor to consider it as irreconcilable, due to its general shape and size, with the footprint taken directly from Sollecito’s right foot. Indeed, the consultant hypothesised that the measurement calculated by the Scientific Police of the width of the big toe of the bathmat footprint was to be reconsidered: he rejected the measurement of about 30mm in favour of a much smaller measurement of 24.8mm, which he obtained by detaching a mark of haematic substance which he did not consider to be a mark from the surface of the big toe, but from a separate body, namely the imprint of the second toe, which is totally absent from the print taken from Sollecito’s right foot.”

In standard English-Language medical terminology, Sollecito’s Right Foot has a distinctive “Hammer Toe”.

It is certain that None of the other suspects have this abnormality.

This Fact is key to the Certainty that Sollecito was barefoot-at-the-crime-scene!

Note missing 2nd toe-print on Sollecito’s Right Footprint:

The Hellmann-Annulling SCC Panel Page 96-98:

“13 ““ Analysis of footprints and other traces

The criticisms expressed on the subject of the obvious lack of logic of the reasoning Oconcerning the evaluation of the genetic evidence are well”founded.

The [appeal]  court evaluated two technical consultancies on the footprint in the victim’s blood left by a bare foot on the bathmat of the small bathroom of the flat where the crime was committed, with [identification] capacity limited to negative comparisons. As a matter of evaluation,  this in itself is not subject to censure, however the court of second degree has again fallen into [the error of making] a statement in open contradiction with the available evidence, ending by attributing the contested footprint to Guede, by making an assumption contrary to all the evidence that “after having left a print on the pillow”, he slipped out of his right shoe “in the course of the violent aggressive manoeuvres to which he subjected Ms Kercher” and stained his foot with blood, which he supposedly then washed in the small bathroom, since if it had not happened this way, his right shoe would have also left some bloody traces in the corridor (compare page 100 of the statement of reasons).

Not only is this assumption deeply implausible, considering that the print left by Guede on the pillow was made by his hand, which is easily explained by the dynamics of the event, but it is much harder to explain how he might have lost his Adidas sneaker, given a situation in which Guede, jointly with others, as stated in the verdict that convicted him, overpowered the young Englishwoman so as to immobilise her. Not only that, but the above assumption also clashes with the available evidence regarding the bloody shoe prints which indicate that he left the room where the crime was committed to proceed directly to the exit door of the flat.The fact that only the left shoe was stained does not that his right foot was unshod, since at most it proves that only his right (sic) shoe signify stepped in the pool of blood which formed due to the numerous wounds inflicted on the unfortunate victim, very probably with two knives.

Just as deficient is the logic adopted in a further step of the statement of reasons, relating to the discovery of the presence of traces revealed by luminol (not visible to the naked eye), which yielded Knox’s profile and the mixed profiles of Knox and Kercher, found in Romanelliʹs room, in Knoxʹs room and in the corridor. These traces could not be attributedto footprints left on other occasions, as the appeal court implausibly accepted [them to be], since luminol reveals traces of blood and it is not really conceivable that Knoxʹs feet might have been stained with Kercherʹs blood on some other occasion.

As pointed out by the party submitting the appeal,  no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas [71] the hypothesis formulated by the judgment of first degree is much more plausible: it emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.

While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom,  then some trace of Sollecito would have been found, whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the traces of the victim’s blood.

The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which,  in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments. As pointed out by the party submitting the appeal, no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas [71] the hypothesis formulated by the judgment of first degree is much more plausible:

It emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.

While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom, then some trace of Sollecito would have been found,

Whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the in the moments immediately after the murdertraces of the victim’s blood.The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which, in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments.”

Hellmann’s Annulment is here not only fully justified, but is essential to avoid a gross miscarriage of justice.

Nencini Pages 328-329 :

“We know with certainty that, on the evening of 1 November 2007, Rudy Hermann Guede was present inside the Via della Pergola cottage, not only because he said so and it is reported in thefinal verdict that convicted him, but also on the basis of investigations and analyses carried out by the State Police inside the cottage contained in the case file. We also know with certainty that Rudy Hermann Guede could remain inside [312] the flat with absolute ease… [for] considerable time, as he left his “traces” in the large bathroom [of the flat].

We know with certainty, as this is shown by the evidence, that immediately after the homicide inside the Via della Pergola cottage three people were present, surely two men and a woman. This can be observed from the genetic investigations and the results of the traces highlighted using luminol. We can also say that one of the men who walked over Meredith’s blood left a very visible trace of his foot on a blue bathmat found inside the small bathroom of the flat. This footprint was attributed by investigators to the right bare foot of Raffaele Sollecito, with an analysis this Court finds correct on the basis of the considerations already made. One of the footprints detected using luminol was then attributed to a woman’s foot compatible, in size, to that of Amanda Marie Knox; in addition, mixed DNA traces found in the small bathroom of the flat (washbasin, bidet and cotton-swab box) were attributed to Amanda Marie Knox.

We have, in substance, pieces of circumstantial evidence of certain reliability, multiple and concordant, that place Rudy Hermann Guede, Amanda Marie Knox, and Raffaele Sollecito inside the Via della Pergola flat on the evening of the murder of Meredith Kercher, in the moments immediately after the murder, when the three left traces of their passage by depositing [marks in] the victim’s blood, abundantly released from wounds.”

Emphasizing the Certainty of its knowledge regarding “traces”, blood, luminol, genetic investigations, DNA, and footprints, Nencini rules Guede, Knox, and Sollecito to have been at the crime-scene “in the moments immediately after the murder” of Meredith Kercher.

4. Other Worries For Judge Marasca

However far-fetched the Motivazione of this SCC Panel turns-out to be, it can hardly have-been unaware of the facts that Sollecito is scheduled to be back in a Lower-Court in Florence on 30th April, 2015, facing his first-set of charges in the Sollecito & Gumbel trial for diffamazione and vilipendio (slander of officials and of the system), nor that Knox is scheduled to be back in a Lower-Court in Florence on 9th June, 2015, facing her new, expanded-set of Calunnia charges.

This series continues here.


“not many certainties beyond the girl’s death and one definitely convicted.”

Typical Hellmann-sque. Begin at the beginning, then continue till you reach the end, then stop.

Is anybody surprised?

Posted by chami on 04/30/15 at 08:02 PM | #

Cardiol - Very nicely done.

One of Judge Hellmann’s ‘‘mea culpas’’ later would be that he was unaware of much of the other evidence against Knox and Sollecito. 

And who can forget the comment: ‘‘The truth may very well be different?’’  You are presiding over a murder appeal, and that is the first thing you say?

Or the comment: ‘‘All we know for certain is that Merdith Kercher is dead.’‘

It is hard to imagine how the fifth panel of Cassation cannot be fully aware how completely Hellmann’s verdict was wiped out.  They must have been aware of the twisted logic that had been used —and rejected—before.

Judge Nencini’s report (which you quote very well), lists a lot of evidence, the ‘‘lengthy list of untruths’‘, and quite convincingly argues there is no other conclusion than Guede, Knox and Sollecito committing the murder—together.

If the 5th panel had serious concerns or questions about Judge Nencini’s findings, they could have sent it back to him, with instructions to clarify or fix certain points.  Worst case, defer it down to a ‘‘different’’ appeal panel.

But as Pete pointed out, Cassation apparently invoked 530.2 to throw the case out should be cause for alarm.  As is the comment, ‘‘All that is certain is a girl is dead, and one person is definitively convicted.’‘

It really seems to be a Hellmann 2.0

Some people just don’t learn.

Posted by Chimera on 04/30/15 at 08:56 PM | #

My own prediction—the Cassation 5th panel will do some variation of these claims

(1) We weren’t aware of this other evidence.

(2) We just got the case.

(3) We are overworked.

(4) We still can’t be 100% sure.

(5) I didn’t agree with this verdict (finger pointing)

Posted by Chimera on 04/30/15 at 09:45 PM | #

This is a very point in Dr. Stefanoni’s testimony that explains much about why testing for blood on a sample might be negative. This is reference to 36B on the knife:

“RISPOSTA – La striatura aveva quindi questa estensione grossomodo che io ricordi, la campionatura per l’esame del DNA è stata effettuata su una buona parte, quindi su tutta la lunghezza, su praticamente una buona parte di questa lunghezza, quindi è stato passato, è stato strofinato grossomodo in corrispondenza appunto del punto B, in direzione testa – coda praticamente, in direzione punta – coda è stato strofinato questo tampone, questo rails woob che noi utilizziamo appunto per la campionatura, non vedendo nulla ad occhio nudo, quindi nessuna traccia apparente ovviamente ci si aspettava che al massimo potessimo avere qualcosa di esiguo o nell’altra possibilità avessimo avuto il risultato zero, praticamente, perché non c’era nulla che ci facesse pensare ad un risultato possibile. Il test della specificità per il sangue è stato compiuto per forza di cose su una piccola porzione di questa striatura, perché altrimenti il test stesso dovendo passare un altro tamponino, un bastoncino praticamente di plastica noi se lo passassimo su tutta la striatura asporteremo l’eventuale materiale genetico che non potrebbe più essere utilizzato per il test genetico, perché l’esame della specie, diciamo della natura ematica non è possibile poi conservare lo stesso materiale ed utilizzarlo per l’analisi genetica, quindi noi per provare un’analisi di specie, un’analisi di tipo di traccia noi sacrifichiamo una piccola parte della traccia, in generale questo, quindi se abbiamo una traccia ematica tagliamo un pezzettino, quanto più piccolo possibile, e cerchiamo di avere appunto la diagnosi di sangue o di saliva o…

PRESIDENTE – Una traccia presunta ematica?

RISPOSTA – Una traccia presunta ematica e poi, appunto, confermata o meno dal test. In questo caso noi non potevamo tagliare qualcosa perché era una lama, quindi l’unica cosa che si poteva fare è diciamo mettere questo bastoncino, quindi strofinare questo bastoncino che fa parte del test diagnostico per sangue su una porzione molto piccola di questa striatura, perché altrimenti io con il bastoncino avrei sicuramente trascinato via l’eventuale materiale genetico che qui mi potevo aspettare e quindi buttarlo, quindi magari avrei avuto la diagnosi di sangue, eventualmente, non sto dicendo che sarebbe andata così, però l’eventuale diagnosi di sangue ma non avrei mai potuto più utilizzare quel campione per analizzarlo a scopo genetico perché le analisi sono diverse, quindi io ho sacrificato una piccola porzione, un tentativo ecco di porre diagnosi di sangue, ovviamente come abbiamo detto riuscito negativo, dopodiché io comunque sono andata avanti ed ho campionato con questo tampone tutto il resto della striatura, perché questo era lo scopo principale in generale nell’analisi genetica, poter stabilire un profilo genetico, quindi l’origine della traccia viene sacrificata a vantaggio della possibile identificazione che si ha con l’esame del DNA, perché sapere che è sangue ma non sapere a chi appartiene conta molto poco, sapere viceversa il profilo genetico e non sapere di che natura sia è molto più informativo, perché io so per certo che il DNA da qualunque fonte provenga appartiene a quella persona e non è semplicemente un sangue, una saliva o un liquido seminale, quindi diciamo il criterio è quel di dare… in generale questo nell’analisi genetica è quello di dare la priorità alla possibilità dell’estrazione del DNA e dell’analisi del DNA, poi se ovviamente è possibile stabilirne anche la natura tanto meglio diciamo, è una informazione più completa, però il dato principale è avere l’identificazione mediante il DNA, ecco perché può essere tranquillamente che non sia sangue ma non mi sento di escludere che per le modalità stesse di campionatura ed il fatto che sia stato comunque effettuato su una parte soltanto della striatura ciò non possa aver dato diciamo una quantità troppo esigua, questo non lo posso escludere.”

In sum, Dr. Stefanoni must favor finding genetic material first, and then use what might be left to determine the type of substance carrying the genetic material. In the case of 36B, there may have been blood, but the sampling was too weak for the test. So while the blood test was negative, it’s not possible to exclude that blood was on the knife and might have carried Meredith’s DNA (as opposed to a skin cell)

Posted by Olleosnep on 04/30/15 at 11:32 PM | #


It is in general possible to match a sample to DNA to an individual but the same is not true for a sample of blood. A DNA match is usually a positive match whereas a negative match (test failed to detect blood) for blood often means that the sample is too dilute or insufficient. DNA samples are amplified (by PCR) before electrophoresis whereas blood samples cannot be amplified.

Even if one argues that the DNA on the knife came from a skin cell, the question need to be answered is how it got there?

The DNA on the bra strap is not disputed; FOAkers claim that it arrived via contamination. They refuse to suggest a mechanism by which it got there.

Posted by chami on 05/01/15 at 05:11 AM | #

@ Olleosnep, Thanks. I’m with chami:

Nencini Page 237:
“This Judge holds that it is significant for trial purposes that on the blade [219] of a knife seized at the home of Raffaele Sollecito, DNA from the victim Meredith Kercher was present, independently of whether it was or was not from blood.”

So Nencini is saying that whether the sample is or is not blood is irrelevant to the fact that the sample was from Meredith on a knife from a place to which she had Certainly never been.

Arguments on this subject promotethe bias of the current SCC Panel, and will be addressed in more detail in Pesky #3.

Posted by Cardiol MD on 05/01/15 at 06:12 AM | #

Cardiol /chami, I agree with you 100%, and with Dr. Stefanoni. She is correct to emphasize testing for DNA first, and then, where possible to see what the carrying substance was.

My point in quoting Dr. Stefanoni (which perhaps needs to be translated) is that, as Dr. Stefanoni points out, just because the blood test was negative doesn’t necessarily mean there wasn’t blood. In the case of 36B she sampled only a fraction of the groove to test for substance type and sampled most of the groove (about a 2cm length) for DNA.

Many people argue that negative tests for blood necessarily mean there was no blood. But this is not true. As Dr. Stefanoni points out, those tests are subject to false negatives, and much depends on the sample at hand.

In the case of the 36B, she doesn’t exclude that there was Meredith’s blood on the knife, but it is certain Meredith’s DNA was there, and Sollecito’s lie IN COURT about pricking Meredith revealed his concern.

Elsewhere in her testimony Dr. Stefanoni shows there was no contamination on the knife, and that it was “bagged and tagged” correctly.

Posted by Olleosnep on 05/01/15 at 02:19 PM | #

Thanks Olleosnep, you make a crucial point re False Negatives.
The Panel may be willfully ignoring such “Details”.

Posted by Cardiol MD on 05/01/15 at 02:49 PM | #


Bit of topic from the post at hand, but related to the Sollecito’s book.

It turns out that Knox’s ‘‘Knight in Shining Armour’’ wants absolutely nothing to do with her.  He doesn’t want to be known as ‘‘Amanda Knox’s former Italian boyfriend.’‘

It’s not like Sollecito flew to the US after Hellmann let him out, signed a million dollar book deal, and hit the talk shows, claiming he was victimized ‘‘only for being Amanda’s boyfriend’‘.

@ Chami - DNA floats around sealed crime scenes, and naturally deposits itself on underwear the victim had cut off.  Don’t you know that?

@ Olliesnap - In Knox/Solly-land, only conclusive physical evidence is reliable.  Massive contradictions and lies about evidence are ‘‘speculation’‘, when it comes to incriminating Knox and Sollecito.

Regarding the bloody footprints (revealed by luminol), Knox said in her May 2014 interview with Chris Cuomo that the ‘‘bloody footprints’’ tested negative for blood, so they ‘‘weren’t blood ... and irrelevant.’’  Even if this were true, she neglects to offer ‘ANY’ explanation as to why footprints (of any substance) happened to be revealed.  So what was the luminol reacting to?

@ Cardiol MD - While AK/RS jump on Guede for changing his story (such as the mess he left in the toilet), as evidence of guilt, they do exactly the same thing.  You mention the ‘‘cooking accident’’ claims RS makes.  In ‘‘Honor Bound’‘, supposedly Francesco Sollecito tries to defend DNA on the bra clasp saying ‘‘Amanda had worn Meredith’s bra at some point.’‘

Posted by Chimera on 05/02/15 at 03:10 AM | #

The silence from Florence is ominous

Posted by Cardiol MD on 05/02/15 at 04:21 AM | #

This just in from PMF:

” Re: Sollecito / Gumbel defamation trial. Next court hearing is on May 14. Yesterday (April 30th) was the deadline for submitting translated portions of their book Honor Bound to the court. So, two weeks to go until we know more.”


Posted by Cardiol MD on 05/02/15 at 07:42 AM | #

“DNA floats around sealed crime scenes, and naturally deposits itself on underwear the victim had cut off.  Don’t you know that?”

Yes, right. I have heard that before.

I have also heard that Guede’s DNA was all over the crime scene. He was carrying his own DNA in a spray can.

And the two “kids” (Guede is the real adult: he is the only one who admitted that he was there) only left their footprints and shoeprints on the sands of time. Their footprints will be there for a rather long time, I would guess.

Of course the wiki ( is bogus because it says “5 tests from 5 different samples yielded DNA compatible with a mixture of Ms. Kercher’s and Knox’s DNA”- it is all a conspiracy!

If only their arguments could fly!

Posted by chami on 05/02/15 at 09:51 AM | #


Your comment to Cardiol: “You mention the ‘cooking accident’ claims RS makes.  In ‘Honor Bound’, supposedly Francesco Sollecito tries to defend DNA on the bra clasp saying ‘Amanda had worn Meredith’s bra at some point.’”

IMHO, this is a very direct evidence. RS does not deny that the victim’s DNA is on the knife. He just tries to explain it away. Unfortunately the immature brain of the “kid” could not cook up a good excuse in a hurry: we can safely blame this too on the police! Do you really doubt that this is not a real cooking accident?

Papa Sollecito is much more to the point:

1. There is a global shortage of bra and even the Chinese import could not meet the Italian demand: prices skyrocketed and the little darling is spoiling bra a day! Naturally she had to borrow one from the girl next door…

2. As the little darling is all covered with RS DNA all the time, it makes sense that HIS DNA is all over the bra!

3. As a famous doctor, he tells all his patients- you just lie down and I shall take care of the rest. What is the big fuss with a little DNA here and there?

Posted by chami on 05/02/15 at 10:27 AM | #

Hi Cardiol

Yes the trial goes ahead. Good to have this breather as there are more posts pending on Gumbel’s campaign. The original date for the translation was 20 April but it got pushed back.

Posted by Peter Quennell on 05/02/15 at 12:01 PM | #


Will the trial be based on the translated version of the relevant pages? Will they be referring to the original often?

Finally they may claim that this book is a work of fiction!

Please let us know more.

Posted by chami on 05/02/15 at 05:45 PM | #

Thank you for this great article Cardiol. It’s also really great to hear that RS’s trial is going forward. I really hope that he goes to prison soon.

Posted by Johnny Yen on 05/03/15 at 01:49 AM | #

Chami, yes, I know they are evidence.  Am being a wee bit sarcastic here.  Sollecito tries to simultaneously explain their presence, while claiming ‘‘contamination’‘.

1. RS uses the ‘‘cooking accident’’ to explain Meredith’s DNA on his knife.

2. Sollecito’s Dad uses the ‘‘Amanda wore the bra too’’ to explain Raffaele’s DNA on the clasp.

... and Chami, not only is there a global shortage of bras, but there is a global shortage of water, so Meredith doesn’t bother to wash it after Amanda wears it, before she does again.

As for the other stuff:

3. It was not Meredith’s blood in the hallway.  Knox and Sollecito just happened to spill some cleaner, or other substance (not sure where or what), and they just walked through it barefoot on the way to clean up in the bathroom.

4. Remember, as for the crime scene, the only relevant place is the actual bedroom where it took place.  Filomena’s room (where the ‘‘break in’’ took place), is not part of the crime scene as Meredith was not murdered there.  Therefore the mixed Knox/Meredith DNA is irrelevant.

5. Similarly, the bathroom where Knox Sollecito cleaned up is not part of the crime scene, as Meredith was not murdered there.  But the other bathroom is relevant as it proves Guede was at the house.

6. Of course evidence has to be viewed individually.  If you try to view how the pieces fit together as a whole (as those silly Judges: Micheli, Massei and Nencini do), then you remove the possible explanations such as the ones we have posted,

7. Naturally Cassation rules there is only one person definitely convicted (Guede).  Cassation 5th panel hadn’t ruled yet.

It is like when you try to get your tires changed back to the summers.  All the mechanic is certain of is that your winter tires are still on.

Posted by Chimera on 05/03/15 at 02:42 AM | #

@ Johnny Yen - but we don’t even know whether the Italian “Translation” was actually delivered on April 30th!

@ chimera - “Cassation 5th panel hadn’t ruled yet.”
Good Point; can a Panel make a Not Guilty announcement such as the 5th did in March, and then File a Motivazione concluding differently?

Waiting on both issues…..

Posted by Cardiol MD on 05/03/15 at 05:49 PM | #


Irrespective of what was submitted on 30th, the translation with the original, with a certificate that the translation is authentic (whatever that may actually mean) and in case of any confusion or ambiguity, the Italian, translated version will have precedence, the real arguments will be somewhat in the following line:

1. People has misunderstood him: he never said any such thing!

2. What you say it means is not; what he wanted to say is exactly opposite.

3. What you say it says is not what it really says: you are not being objective.

4. What you have understood is exactly opposite to what he said.

5. What he said is not what he meant.

6. The English language is very confusing; only the Italian version should be discussed; after all, he is an Italian! Let us stop referring to the English version.

7. We have all forgotten the context. What is said is not at all relevant.

8. What was the question?

It will then be the time for a coffee break when we can discuss this in greater detail.

Posted by chami on 05/03/15 at 08:18 PM | #

Whether Raffaele actually wrote it (or just Gumbel) is a bit beside the point—he went on a book tour and verbally made the same claims.

I have entertained the idea that Sollecito and Gumbel were drunk and/or stoned when ‘‘Honor Bound’’ was written.  It would explain a lot.  No professional writer would put his career on the line without some due diligence.

Just thought of something:
-AK/RS didn’t make false alibis in Meredith’s room.
-AK didn’t falsely accuse Patrick while in Meredith’s room.
-AK didn’t falsely accuse the police of misconduct in Meredith’s bedroom.
-AK/RS presumably didn’t turn their phones off in Merdith’s room.
-Curatolo didn’t witness them in Meredith’s bedroom.
-Quintavalle didn’t witness them buying bleach in Meredith’s room.

So ... in a most manipulative way, they are right.  There is next to no evidence of them in the bedroom

Posted by Chimera on 05/04/15 at 02:20 AM | #

There are similarities between this decision re Knox and Sollecito and the 2003 acquittal of PM Andreotti in the murder of Carmine Pecorelli

All I’m saying is, it ain’t over yet.

Posted by Ergon on 05/04/15 at 04:58 AM | #


Are you really suggesting that history is repeating itself? It just did!

2015 is not really far from 2003. But today people do take notice. I agree that it is not yet over and it is not going to be over for quite some time.

We are still not discussing what money and power cannot do. Most likely the SCC verdict will stay but the image will be badly dented.

Posted by chami on 05/04/15 at 05:37 AM | #

chami - I’m afraid you’re right; This SCC verdict will probably stay, and their Image is already badly dented, irreversibly.

Posted by Cardiol MD on 05/04/15 at 07:31 AM | #

Is it the same Italy that stood up to CIA in the milanesi Imam case?

Is it the same Italian courts that took on the almighty Berlusconi- and failed Meredith Kercher?

Italian Judges have given their lives for trying the mafia once upon a time (and that is not yet history) and today they are bending backwards?

Under the clothes, most men look remarkably similar but our image does matter. We do live and swear by our images.

But I still have some faith left. Without that, I will not be me.

Posted by chami on 05/04/15 at 12:45 PM | #

chami - your Faith is my Hope.

Posted by Cardiol MD on 05/04/15 at 02:38 PM | #

@Cardiol MD, with so many certainties in the case, it will be interesting to see the motivations report.

Kudos to those of you who continue to discuss the facts. The illogicality of the not guilty ruling in face of Nencini’s airtight reasoning continues to discourage me.

Life may mete out justice in some other way, as a hidden hand directs the steps of former defendants to reveal things by word or deed in the future.

I have little hope left in a legal ruling beyond the libel book cases and calumnia, but maybe Meredith is due for a miracle. recently mentioned that Raffaele had moved somewhere (seems a town with the word “Francesca” in it, I can’t remember). He with his love of robotics has gotten a license to operate drones. Watch out.

One of my family members recently worked on drone technology. My first thought was that Amanda may be looking up at the skies more frequently or keeping a watch on efforts of Raf to enter the U.S. with wedding presents for her that have two wings. Could it be that Raffaele might be thinking of weaponizing a drone to drop more than beer over the courthouse in Perugia.

Life will reveal who the defendants really are. We already know who’s addicted to limelight and who are family accomplices in obstructing justice. It’s about 40 days since the not guilty water ran uphill. The implosion will come in next 40 days, six months at the max as those who take others’ freedom usually demolish their own. Peace to us in the meantime, confusion to the enemies of truth.

I mostly think of how tired the Kerchers must be of all the struggle especially as it seems to end in loss (for the moment). I feel for Maresca and desperately sad for Mignini who spearheaded a noble effort to do right. Kudos to those at TJMK and PMFs who continue to sow for a miracle turnaround.

Posted by Hopeful on 05/05/15 at 01:07 AM | #

I agree with all your sentiments, Hopeful. It is hard not to be discouraged that such a thing has happened.

As well as those you mention - Maresca, Mignini - I would like to add Nencini, who of course is now obliged to be silent.
For such quality work that he undertook with thoroughness and conscientiousness, it seems a bitter result, and disrespectful.

All good wishes to the Kerchers. We will never cease to bear them in our thoughts.

Posted by SeekingUnderstanding on 05/05/15 at 01:38 AM | #

Recommended book: Owen James The Establishment

“Lord Bell: “The McCanns paid me £500,000 in fees to keep them on the front page of every single newspaper for a year, which we did” – a fact that I’d never heard before. No doubt the campaign would have been less effective if “Advertisement” had been engraved above the missing child’s photograph.”

Hmm. How much did Amanda Knox pay Gogerty Marriott, Robert Barnett, Frank Sfarzo? I’m sure she considers it money well spent.

Posted by Ergon on 05/05/15 at 02:39 AM | #

It is still painful and sad that the system caved in. It is like spitting in the faces of Mignini, Nencini and the Kerchers as well as those who died because they were willing to prosecute Lawbreakers. Shame on them. No matter what the 5th Court says we all know they caved-shame on them and all those that contributed to this miscarriage of justice.

Posted by Vinnie on 05/05/15 at 04:20 AM | #


Let us never forget that Tim Bell is of course he who was convicted of indecent exposure to passers by from his window overlooking London’s Hampstead Heath. In case anyone is in any doubt he is typical of the shady characters who are attracted to and inhabit the PR demi-monde. In their world anything is permissible because anything can be “spun” and glossed over.

Acting for a murderers who are sensitive about image damage is something of an untapped seam and a new departure for the burgeoning industry. No doubt it will soon be commonplace.;+Shame+of+top+Tory+adviser.-a061106170

Posted by Odysseus on 05/05/15 at 01:56 PM | #

P.S. Bought Owen James’ “The Establishment” a month or two ago but only just started reading it. Good book but a depressing insight into the U.K. power structure.

Posted by Odysseus on 05/05/15 at 03:42 PM | #

@Cardiol MD

THANK YOU for this wonderful compendium of evidence and the prior excellent judicial analysis from the likes of Nencini et al.

Even though corruption (or incompetence, though that’s harder to believe) has denied Meredith of the formal justice (which would have been AK & RS conclusively/finally convicted and incarcerated for the murder, sexual assault, staged break-in…), articles like this give me hope that the truth will survive, and the evidence and analysis will remain for all to see.

Thank goodness for works like this which will live on online, available to any individual with driving curiosity, a logical mind, and a desire to understand who killed Meredith Kercher and what those two free-walking sickos have done.

What will it take for AK’s old friends who were witnesses to her rock-throwing and faked break-in back in Seattle to come forward?  They are quite likely afraid for their lives if they speak out, which is too bad because bullies thrive on keeping people silent and isolated, like poor Mez.

Posted by all4justice on 05/14/15 at 12:30 AM | #
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