Friday, November 20, 2009

The Summations: The Prosecution Starts To Lay Out The Elements Of Their Case

Posted by Peter Quennell

[Above: Prosecutor Comodi. Below: Prosecutor Mignini.]

The prosecution will take at least two days to complete their summation of their case, drawing all of the threads together.

We have been warned by court watchers to expect at least some surprises. The first seems to be that the prosecution starts off where Amanda Knox seems to be especially vulnerable - her false charge against Patrick Lumumba.

Even if the murder verdict against Amanda Knox early in December becomes “not guilty” she might still face a conviction and sentence just for this.

This first report is from Il Mattino with translation by our poster Tiziano.  .

Amanda Knox “knowingly accused an innocent person”:  Thus said PM Giulian Mignini in his summing- up address under way before the Court of the Assizes of Perugia. 

The reference is to Patrick Lumumba , whom he did not nominate specifically, who was involved in the investigation into the murder of Meredith Kercher through the statements made to the police by the young American accused of defamation against him, and who was absolved of any wrong-doing (and has in fact now nominated as a civil complainant against her).

“Amanda” the magistrate underlines “did not lift a finger while he was languishing in prison. Neither she nor her mother who was in her confidence.  And what a coincidence” Mignini continued “it was a matter of a coloured person like Rudy Guede.” 

“It is time to draw together the threads of this long debate, an event which is unique of its kind in the panorama of Italian and world justice, which has involved three continents.” Thus spoke the PM, Giuliano Mignini, in his address in the trial for the murder of Meredith Kercher, which sees accused Amanda Knox and Raffaele Sollecito.

“A straight and sure route for the trial.  The attacks which have accompanied this trial and the continual attempts to delegitimise the police working on it, who however carried out their duties with professionalism, and also their dealings with the court, cannot be passed over in silence,” Mignini stressed. 

Attacks made by persons in Italy and overseas, lawyers not possessing any mandate, detectives looking for notoriety, writers, mystery writers, bloggers who gave themselves the right to undertake a sort of parallel trial, all bound together by lack of accuracy and superficiality.  But the trial is being held only in this court room.”

The Summations: A Summary Of The Agenda For The Next Few Days

Posted by Tiziano

[Above: A shot of the courtroom taken this morning]

A translation of the trial agenda from Giornale Online Di Perugia

LAST LINES IN THE TRIAL OF AMANDA AND RAFFAELE. ON SATURDAY SENTENCING REQUESTS.

Maurizio Troccoli November 19th, 2009 15.33

Just one day after the request for a confirmation of the penalty of 30 years against Rudy Hermann Guede, drafted by the Prosecutor General, in the Appeal Court of the Assizes, it’s over to the other first-stage trial against Raffaele Sollecito and Amanda Knox, still in the Assizes and for the same murder, accused of being the killers of Meredith.

[Today] is the day of PM Giuliano Mignini and PM Manuela Comodi’s summing-up, which will go back over the whole investigation into the murder of the English student. The hearing on Saturday has also been reserved for the magistrates when they will formulate their requests for the verdict.

The PMs will delineate the framework of the investigations carried out by the flying squad of Perugia, by the SCO [Servizio Centrale Operativo of the State Police], and by the scientific police after the crime which took place on the night between November 1st and 2nd, 2007. The witness statements and the scientific evidence against the the two young people, on trial since January 16th of this year, will be summarised for the college, chaired by Giancarlo Massei, with deputy Beatrice Cristiani, supported by six civil judges.

For the first time they will hear the request for a sentence. The PMs will have to ask the judges for the number of years they believe that the two will have to serve. Then it will be the turn of the defence lawyers to play the last cards to try and dismantle the accusatorial theorem of the PMs.

Sollecito, 25 years old from Giovinazzo, and Knox, a 22 year-old from Seattle, have been put on trial for voluntary murder of Kercher, for sexual assault against her, unjustifiable carrying of a knife, theft (about 300 euros, two credit cards and two mobile phones belonging to the victim) and simulation of a crime (for the breaking-in carried out in one of the bedrooms of the crime house in order to derail the investigations, according to the prosecution).

Only the American must answer as well to defamation against Patrick Lumumba, for having involved him with her declarations during the investigation into the murder of Meredith Kercher, in which it was recognised on the other hand that he had no involvement. Both have however proclaimed themselves completely extraneous to the charges.

Thursday, November 19, 2009

Rudy Guede Appeal: Meredith Family’s Lawyer Very Disappointed At “Lost Last Chance”

Posted by Peter Quennell

Mr Maresca sounds intensely frustrated at what might have been. 

Here was a chance to put this whole thing to rest with a single truth and an act of real contrition and compassion to Meredith’s family - and Rudy really blew it.

“He could have saved her. He could have acted to save her, then he wouldn’t be here asking forgiveness….  Requests for pardon are always welcome, however, in a civilised country. I think that a positive reaction would have at least led to an immediate intervention, if what Rudy said was true.”

Not surprisingly, the lawyers for Knox and Sollecito are critical of Rudy Guede for not letting their clients off the hook - though he really no further implicated the defendants than he did back at his own trial.

His recent mysterious and unprovoked beating-up in his prison may have had an influence on his frame of mind in court today. Amazing though, as the defense teams incessantly paint him as the lone wolf perpetrator (a theory Judge Micheli discounted at great length) which we know burns him up.

Our poster Tiziano kindly translated this final report on the day from Il Messagero. The article is an update of an earlier report.

REOPENING OF DEBATE REJECTED.

The Appeal Court of the Assizes of Perugia has rejected the request of Rudy’s defence lawyers for the partial reopening of the debate.

PG: ACCOUNT NOT CREDIBLE.

According to the Prosecutor General, what Rudy said was a “little tale which was not credible”. According to the PG a “progression of lesions” was found on Kercher’s body, and death came in a much longer time than what Guede indicated.

PG: NO GENERAL REMISSIONS.

Guede was condemned to thirty years imprisonment on October 28th, 2008 by Perugia GUP Paoli Micheli. His defence lawyers, Walter Biscotti and Nicodemo Gentile, have appealed against this sentence. In fact the Ivorian has always maintained that he had nothing to do with the murder.

The Prosecutor has not contested the sentencing report, which actually accepted the reconstruction made by the first stage prosecutors PMs Manuela Comodi and Giuliano Mignini.

Today PG Catalani in his summing-up spoke of “full involvement in all the activities to the damage of Meredith Kercher” on Guede’s part.. Moreover, he underlined that the accused should not be conceded general remissions “because he has made no contribution at all in clarifying what happened in the crime house when Meredith was killed”.

KERCHER LAWYER: HE COULD HAVE SAVED HER

“He could have saved her. He could have acted to save her, then he wouldn’t be here asking forgiveness,” replied Francesco Maresca, the lawyer for the civil claim of the family of Meredith Kercher, to Rudy Guede’s words which he asked him to pass on to the relations of the English student killed in Perugia.

“Requests for pardon are always welcome, however, in a civilised country,” he added. “I think that a positive reaction would have at least led to an immediate intervention, if what Rudy says is true,” Maresca added.

However the lawyer talked about a “lost last chance” on the part of the Ivorian to clarify what happened in Via della Pergola. He continued “His words seemed prepared to me.”

And in court, referring to the fact that Guede claimed to have run away in fear, Maresca affirmed,“We ought to think of the fear suffered by Meredith.” As far as the summing up of the PG, the lawyer defined it as “absolutely exact”.

KNOX DEFENCE: GUEDE’S WORDS IRRELEVANT FOR AMANDA

The spontaneous statement made by Guede is “absolutely irrelevant to the position of Amanda Knox.” Luciano Ghirga, one of the defence lawyers for the American said this. “I’m talking with absolute respect about the position of Rudy Guede and his defence - Ghirga underlined - but when he had the opportunity to respond in cross-examination between the parties, in a hearing in front of the world, he refused. I consider his position to be self-serving.”

Then the Lawyer claimed that in the first stage trial of Knox and Raffaele Sollecito “neither the five interrogations of Guede nor his first stage sentencing report are part of the trial, and much less so can his spontaneous statements of today be considered.”

SOLLECITO’S LAWYER: GUEDE HAS LOST A CHANCE

Rudy Guede “has lost the opportunity to tell the truth”, according to lawyer Luca Maori, one of the defence for Raffaele Sollecito, the young man accused of the crime together with his ex-girlfriend Amanda Knox (the summing-up of the PM in the first stage of their trial is on the agenda for Friday) and the same Ivory Coast man.

“Guede continues the old stereotype - Maori said further - according to which he doesn’t know the male person present in the crime house, even though he saw his face. But it is necessary for everyone, and especially for him, to finally tell the truth and to assume his responsibility before the Kercher family.”

 

Mr Maori’s words at bottom above are very curious - perhaps they are quoted out of context. He’s presumably inferring that Guede should have pointed AWAY from Raffaele Sollecito, his client, and instead toward a mysterious missing Person X.

If so, invoking the best interest of Meredith’s family here seems pretty vile - even for a hard-pressed defense lawyer. He should not be denying their true justice. 

Wednesday, November 18, 2009

Rudy Guede Appeal: Court Adjourned - Defense Closing And Court Decision December 21st

Posted by Peter Quennell

[Above: The lawyer for Meredith’s family, Mr Maresca, in the courtroom today]

This late report is by Paolo Santalucia of the Associated Press

Later Wednesday, prosecutor Pietro Catalani asked the court to confirm the sentence of 30 years in jail for Guede.

“He is not credible,” Catalani said, adding that wounds on Kercher’s body suggest it took far longer for her to die than Guede’s testimony indicated.

Proceedings were adjourned to Dec. 21, when Guede’s defense lawyers will argue their case.

The court had rejected the request of the Guede appeal team to reopen several components of the investigation, to bring in new witnesses, and to hear testimony on stress psychology and on the towel found beside Meredith.

This does not bode well for his appeal prospects.

Judge Micheli summarised a lot of evidence proving that Guede was throughout a part of the vicious assault on Meredith. He handed Guede a rape conviction as well as a murder conviction and Guede is serving his 30 years in the sex offenders’ wing of Viterbo Prison north of Rome.

Probably the best Guede could have done would have been to come clean, relate the full story, and claim that he was unaware from the other assailants of where events were headed.

But that Guede did not call an ambulance seems to have sealed Meredith’s fate forever. The prosecutor today said Guede had PLENTY of time to call an ambulance while Meredith would still have been alive.

Instead, Guede abandoned Meredith to die slowly and painfully, he went home to clean up, and he went out to a disco.  Thirty years seems pretty light for doing that.

Rudy Guede Appeal: Nick Pisa Of Sky News Reports DRAFT

Posted by Peter Quennell

[Microsoft’s Internet Explorer Version 8 is having a widely reported problem showing these online Flash videos; other browsers all seem to work fine]

Rudy Guede Appeal: Lawyer For Meredith’s Family Mr Maresca In Court Today DRAFT

Posted by Peter Quennell

[click for larger image]

Italian reports are still conflicting and there are none out yet in English.

But it appears that the court has rejected the request of the Guede appeal team to reopen several components of the investigation, to bring in new witnesses, and to hear testimony on stress psychology and on the towel found beside Meredith.

This does not bode well for his appeal prospects.

Judge Micheli summarised a lot of evidence proving that Guede was throughout a part of the vicious assault on Meredith. He handed Guede a rape conviction as well as a murder conviction and Guede is serving his 30 years in the sex offenders’ wing of Viterbo Prison north of Rome..

Probably the best Guede could have done would have been to come clean, relate the full story, and claim that he was unaware from the other assailants of where events were headed.

But that he did not call an ambulance may have sealed Meredith’s fate forever.

Added from Paolo Santalucia of the Associated Press

Later Wednesday, prosecutor Pietro Catalani asked the court to confirm the sentence of 30 years in jail for Guede.

“He is not credible,” Catalani said, adding that wounds on Kercher’s body suggest it took far longer for her to die than Guede’s testimony indicated.

Proceedings were adjourned to Dec. 21, when Guede’s defense lawyers will argue their case.

Rudy Guede Appeal: Yes Guede Testimony Does Sound Far From The Full Truth

Posted by Tiziano

[click for larger image]

1) La Stampa runs essentially the same story as Nicki translated and posted jut below, but with this addition.

In court this morning there was also the psychiatrist Alessandro Meluzzi, who together with the criminologist Vincenzo Mastronardi, provided expert testimony for the defence on the behaviour of the accused after the crime.

Guede fled and was arrested in Germany. This was behaviour of “flight and avoidance”, according to Meluzzi, linked to “traumatic stress syndrome” which struck him after the crime.

2) Corriere della Sera also has essentially the same story but with these additions.

The defence of the young man intends to ask for the partial reopening of the trial debate to hear new witnesses and to hear from others already heard by the prosecution, but who - according to the lawyers - could give a different version from the initial one.

The lawyers also are putting their hopes on the possibility of a new expert report on the towels found next to the English student’s lifeless body, which Guede claims to have used in an effort to help Meredith, staunching the wound to her neck.

The aim of the defence is to show that it was not Rudy to kill Meredith that evening, because as the young man has always claimed, he was at the house at Via della Pergola on the night between November 1st and 2nd, 2007, but when the crime happened he was in the bathroom. 

Once he came out, he clashed with Mez’ assassin for a moment.  He tried to help the girl but then, overcome with fear, he took flight. 

To specifically evaluate this thesis, the defence of the Ivorian has had an expert report done by the criminologist Vincenzo Mastronardi and the psychiatrist Alessandro Merluzzi, who were both in court. 

Speaking to journalists before the hearing began, Merluzzi explained how Rudy, after the facts, was overcome by “post traumatic stress syndrome” in which a ” gentle, weak but mild personality like Rudy’s was able to put into action the flight behaviour, which certainly did nothing for his credibility but which we believe is completely understandable and explained from the psychological point of view, clinical psychology and psycho-dynamics.” 

Merluzzi explained, “We believe that our evaluation will give the judges an element of evaluation which is new and different not only in the facts which have emerged from the supporting proceedings, but also on the reasons and motivations which incited Rudy.”

[click for larger image]

Rudy Guede Appeal: His Story In His Own Words - Not Sounding Like The Much-Wanted Full Truth

Posted by Jools

[click for larger image]

Translated from the Italian in Il Messaggero:

The process of second-degree [appeal] for Rudy Guede, already sentenced to 30 years imprisonment for the complicity in the murder of Meredith Kercher, commences.

The Court of Appeal of Perugia has decided to have the hearing in public court, admitting the request by the defendant. Guede has asked that the appeal process be conducted in open court “so that all may know the truth.” In attendance reporters were allowed but not photographers or TV cameras.

“I want to say to the Kercher family that I did not kill nor rape their daughter. I’m not the one who has taken her life” he said, addressing Guede’s lawyer Francesco Maresca, who represents Mez family as a civil party. “The single thing that my conscience must answer and for which no court will absolve me, is that of not having done everything possible to save the English student’s life.”

During the spontaneous statement, Guede reconstructed what happened the night of Meredith’s the murder. He explained that he had met the student on 31 October 2007during a party at a nightclub, and that he had made an appointment with her for the following evening.

“I gave her a little kiss on the cheek and then I said see you,” explained the Ivorian, telling the court that on the evening following that meeting, he entered together with Kercher in the house on Via della Pergola. “While we were at home, Meredith began to charge against Amanda (Knox, her roommate, was charged with the murder along with former boyfriend Raffaele Sollecito,): “My money, my money, gone, I can not stand her any more,” said Meredith. I had an approach with Mez, but not sex.

After about fifteen minutes I went to the bathroom.

Amanda and Meredith fought. I heard the voices of Meredith and Amanda discussing money missing. I only heard “we need to talk.”  I was not worried because I thought it was just an argument between two girls who lived in the same house.

While I was in the bathroom I started to listen to music from an i-pod, but in the middle of the third song I heard a loud scream. I rushed to see what had happened and in Meredith’s room I saw a male figure.

It was a flash and this person tried to hit me. I reversed and fell down in the living room. Then I heard someone running away outside the house and said “let’s get out, there is a black man in the house”. I did not have the courage to pursue them, but looking out the window I saw the silhouette of Amanda.

I went to Meredith’s room and tried to staunch the blood that came out after being mortally wounded with a knife to the throat. Meredith was dying and sought to tell me something, I held her hand.

Then I went into a state of shock. In my head there were so many why’s unanswered. I was afraid.”

[Below: Guede lawyers Mr Gentile, left, Mr Biscotti, center, and an aide, right]

Rudy Guede Appeal: Sky News Italy First Report In Italian

Posted by Peter Quennell

[Micrsoft’s Internet Explorer Version 8 is having a widely reported problem showing these online Flash videos; other browsers all seem to work fine]

Libero Is Reporting, If Guilty Verdict, Life-In-Prison Sentences A Possibility

Posted by Tiziano

Please click above for Libero’s analysis posted tonight on their website. A translation:

MEREDITH, A DECISIVE WEEK, FINAL VERDICTS EXPECTED.

It is a decisive week for the final verdicts for the murder of Meredith.

Indeed the appeal trial of Rudy Guede is listed for Wednesday, while on Friday the summing up by the prosecutors in the first stage trial of Raffaele Sollecito and Amanda Knox, for whom the verdict is expected in the first days of December, will take place. 

The final judgment is very much anticipated, because it will decide whether the three accused are in fact responsible for Meredith’s murder. Their position is very grave no matter what, as the charges underline. 

In the meantime the lawyers for Guede, Biscotti and Gentile, have explained that their client will make a voluntary statement and that they will ask for the reopening of the investigative debate to allow for the carrying out of an expert investigation on the blood-stained towels with which Guede said he padded the fatal wound to the neck suffered by Meredith Kercher.

The two criminal lawyers thus intend to demonstrate that the Ivorian did indeed attempt to help the young woman who was knifed by someone else, while he - according to the accused’s own version - was in the bathroom.

Thus, while the Ivorian claims he is innocent, the GUP condemns him: “He actively participated in the aggression in the context of an extended sexual game, which was furthermore carried out resorting to strong-arm tactics, ending up in sexual violence and murder in the face of the persistent resistance of the victim”. 

This homicide, according to the judges, also saw the involvement of Rafffaele Sollecito and Amanda Knox.

On Friday PM Manuela Comodi and PM Giuliano Mignini will delineate further the prosecution’s position, and it is not to be discounted that the decision will be life in prison.  About the beginning of December the court will resume for final sittings.