Friday, February 22, 2013

Admitted Killer On The Witness Stand In Arizona Is Resonating And Polarizing In Familar Ways

Posted by Sailor





Something apparently unique in American legal history is now taking place in Phoenix, Arizona, complete wth realtime TV feed from the courtroom

It is the weeks-long examination and cross-examination on the stand of Jodi Arias, who is accused of killing her ex-boyfriend and continuing sex partner Travis Alexander with at least 29 stab wounds and a slashed throat. In a few days she could be stuck with a death sentence, or conceivably even walk free.

We have often wondered how Knox would perform unfettered on the stand, as she may feel compelled to do if Cassation requires a reworking of the appeal verdict and sentence arrived at at the end of 2011.

There are some similarities and some differences.

Similarities

The similarities involve her lying and her seeming callousness and attempted cover-up which suggest her mental acuity and balance are okay. The quotes below come from the ABC News account of Arias’ trial:

Arias “eventually confessed to killing her ex-boyfriend, but insisted it was self defense.”

And “the main reason (for lying) is because I was very ashamed of what happened. It’s not something I ever imagined doing. It’s not the kind of person I was. It was just shameful,” she said. “I was also very scared of what might happen. I didn’t want my family to know that I had done that, and I just couldn’t bring myself to say that I did that.”

The other parallel to Amanda Knox is Arias’ behavior after the murder.  To avoid calling attention to herself, Arias carried on as if nothing had happened.

“Arias drove on to Utah where she was supposed to meet up with friends and a new romantic interest, Ryan Burns, for the rest of her roadtrip, she testified. There, the pair kissed and cuddled on Burns’ bed just 24 hours after Arias had stabbed and shot Alexander.”

Differences

The differences involve her family and the nature of Travis’s connection with the fervent local arm of the Mormon Church, which is especially fervent about no sex before marriage. .

Unlike Knox, whose father shut her up when she seemed to be getting close to confessing in Capanne Prison soon after her arrest, Arias credits her loving family with giving her the support that allowed her to finally admit what she had done.

“My family remained very supportive, and told me ‘it doesn’t matter what happens, we love you anyway.’ I realized even if I told the truth they would still be there and wouldn’t walk away,” she testified.

“By the time spring, 2010, rolled around, I confessed. I basically told everyone what I could remember of the day and that the intruder story was all BS pretty much.”

Travis Alexander was not only a fervent mormon - he was an elder in his local church where any pre-marital sex would taint both partners for life.

Having secretly slept with Jodi Arias for a long time, he discarded her as a “tainted” girlfriend (who he himself tainted) in favor of a virgin Mormon girlfriend - but continued to chase Arias down for sex anyway. 

This is a take by an insightful reader calling herself Janine on the website Wild About Trial which seems to resonate with many, especially women.

Since Travis’s emails were read in court and the phone sex tape was heard in open court, it shows Travis’s personality in a dating situation. He had a Madonna Whore complex… the Mormon girls he would not touch because they were pure, then putting Jodi into the Whore category in which no form of sex or degradation was denied. IMO Travis should have paid for sex and not manipulating and degrading women who had fallen in love with him.

He treated her horribly. Her self esteem was obviously very low or she would not have permitted nor enjoyed being treated in this manner. He was chasing her as well, if only for a booty call. He was playing mind games when surely he must have known the person whose mind he was messing with was unstable. He didn’t care, as long as he could get the kind of sex he wanted when he wanted it and with no strings attached.

She slashed his tires, watched him, read his emails and he is still reeling her in and playing mind games a week before the murder. He messed with the wrong girl. She is guilty but not of murder one or two. I believe crime of passion or manslaughter. He had some culpability here even though I believe he did not deserve what happened. After a year of Travis’s form of abuse, she just snapped. He pushed her over the edge. And, yes, you would have to be unstable to be pushed over the edge but I believe he knew that she was.

She certainly gave him plenty of evidence that she was.

Even though Arias is now fighting to avoid the death penalty, she exudes a sense of peace that seems to have eluded Amanda Knox. The truth shall set you free!


First image below: this shot was taken by Jodi just minutes before Travis’s death









Posted on 02/22/13 at 07:42 AM by Sailor. Click screenname for a list of all main posts, at top left.
Archived in Those officially involvedOther legal processesThose elsewhereThe psychologyAmanda Knox
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (13)

Monday, February 18, 2013

Raffaele Sollecito Now Under Formal Investigation For New Crimes Apparently Unprecedented

Posted by The TJMK Main Posters




Breaking news. The Chief Prosecutor for Tuscany Dr Quattrocchi (above and below) has taken this investigation of Sollecito behind the scenes. Dr Quattrocchi is actually under no compulsion to make any of the Perugia and Rome complaints public before his investigation is complete. He has ordered all documents removed from the public domain. This is specifically to give the defense and their PR no advantage, and to make sure those others in Perugia who are going to complain about being defamed do so without harm.

Overview

This is a contempt of court case as court officials have been impugned. This is Wikipedia’s definition of “contempt of court” under US and UK common law.

Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court’s authority.

Often referred to simply as “contempt,” such as a person “held in contempt,” it is the judge’s strongest power to impose sanctions for acts which disrupt the court’s normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.

A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.

We may now find out much more about the equivalent under Italian law.

When Raffaele Sollecito and Amanda Knox were released at the end of 2011, the prosecution filed a Supreme Court appeal within the allotted period. This automatically meant that Sollecito and Knox still stood accused of crimes until the Supreme Court finally signs off.

Typically Italian defendants in such a legal status get good legal advice, on the lines of “Shut up and keep your heads down. We need to be the only ones doing the talking here.” 

Here such advice may or may not have been forthcoming, but the public record strongly suggests it was not. In fact Sollecios entire legal team is credited by both himelf and his shadow writer Andrew Gumbel with helping. This is what Gumbel wrote in his Acknowledgments:

Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.

In the same Acknowledgments Sollecito credits the following.

I was lucky to have a crack legal team who showed their devotion to the truth and, in some cases, did not even request payment. The team of lawyers and consultants included Adriano Tagliabracci, Francesco Vinci, Bruno Pellero, Francesco Introna, Giulia Bongiorno, Maurizio Parisi, Daniela Rocchi, Luca Maori, Donatella Donati, Marco Brusco, Aldo Poggioni, Delfo Berretti, Tiziano Tedeschi, and Antonio D’Ambrosio.

Interestingly, Luca Maori has already left Sollecio’s legal team, and all eyes are now on Giulia Bongiorno. Buy plenty of popcorn. Lawsuits could fly between lawyers and family. 

Since the end of 2011 Curt Knox’s forces seem to have have gone full steam ahead with their own vilifications of the Italian prosecutors, police, judges, and witnesses - in fact almost anyone who had any role in 2009 in finding them guilty, or came to believe that was a fair finding. Ourselves included.

In late 2012 Curt Knox apparently invited all the most fervent of these attackers to Seattle, including Frank Sforza and Bruce Fischer, as some sort of reward for their legally very ill-advised campaign. Buy plenty more popcorn. Lawsuits could fly here as well. 

Raffele Sollecito’s forces in Italy had been a lot more restrained.

But at a stroke, the shrillness of Raffaele Sollecito leapfrogged that of Amanda Knox’s forces, with the publication of his book Honor Bound by Simon and Schuster in English in the UK and US last September,

INSTANTLY the book became notorious in Italy, because excerpts were read out by an Italian reporter in New York on the national television show Porta a Porta. Raffele Sollecito’s father Francesco was on that show, and he was increasingly forced to admit a key claim in the book was invented. It simply never happened. His son made it up.

The false claim by his son that Francesco was made to repudiate - it reappears over many pages - concerned a claimed deal engineered by his family and offered by the prosecution to Sollecito.

The deal he claimed was to roll over on Amanda Knox, and if Sollecito did so, he would be home free.

Following the Porta a Porta show, the book (obtainable on UK Amazon, where many false claims are repeated in the reviews) began to make its rounds in Italy. It took some time before many official parties accused of crimes by Sollecito obtained copies and started to explore their own legal possibilities. They are apparently still far from finished.

At the end of last week, the Chief Prosecutor for Tuscany Giuseppe Quattrocchi received the first official request from Perugia, which is to investigate 12 very serious claims in the book against the prosecution and the legal institutions of Italy. The complaint nominates a number of witnesses.

The Prosecution office of Florence now has a maximum of six months to investigate whether there is a case against Sollecito and other named parties. If so, they will steer it through the hoops of the Italian process.

The potential ripple effects of this appear to us to stretch on and on. They could come to engulf both legal teams (credited in the book with helping) and all of the PR for both defendants. Sollecito’s publisher and shadow writer are specifically named in the complaint

If Amanda Knox is not let off the hook by the Italian Supreme Court late in March (the outcome we consider most likely, given the great strength of the appeal) the smart way for Knox to go in light of this could be to junk all her websites, her book, and her interviews, and throw her supporters under the bus. Plus maybe get smarter lawyers - the aggressive and inexperienced Dalla Vedova does her no favors.

Keeping Amanda Knox’s head out of this deadly new line of fire may be very late - but maybe better late than never.




Thursday, February 14, 2013

Some Homework For Curt Knox/Marriott/FOA: How Leaning On Italian Judiciary Can Seriously Misfire

Posted by Peter Quennell





Nicolo Pollari (above) has just been sentenced to ten years and Marco Mancini to nine.

Mr Pollari was the supreme head of Italy’s intelligence agencies - its top spy - and Mr Mancinin was one of his deputies. They were sentenced by a court in Milan.  They were found to be complicit in an act now illegal both in Italy and now the US.

Under the George Bush and Berlusconi regimes, an Egyptian called Osama Moustafa Hassan Nasr was kidnapped by the CIA in Italy and dispatched to be tortured elsewhere. Revealed not to be a terrorist, he was later released.

Some 26 Americans, mostly CIA, were previously sentenced in Milan for the same crime in absentia. Italian warrants for their arrest are out and those warrants could be submitted to Interpol to be applied worldwide.

These were the outcomes DESPITE elements of the US and Italian governments putting up a tremendous rearguard fight. To their credit the US State Department and Rome Embassy dont seem to have been proactive in this (State was even sued for not providing one CIA operative with diplomatic cover) but bets are they would have hit a wall if they had. .

In an amazing new behind-the-scenes expose of the sordid history of the political strong-arming in The Guardian, in which he praises Italian justice a lot, Glenn Greenwald includes this:

This prosecution was possible in the first instance only because a single Italian magistrate, Armando Spataro, insisted on pursuing it despite all sorts of attacks against him.

This 2009 Der Spiegel article reports that, as a result of his pursuit of the case, “his communications were monitored, the Italian intelligence service placed him under observation and there were even investigations into whether he had betrayed state secrets.

The government tried again and again to silence him. But the magistrates ignored those repressive efforts, eventually even seizing [chief CIA operative] Robert Lady’s retirement villa in Italy to cover court costs.

Numerous cables show Italian officials, especially Berlusconi himself, attacking the Italian magistrates and assuring the US that Italian courts would eventually stop them.

One 2005 US cable celebrates that Minister of Justice Roberto Castelli “took the unusual step of publicly criticizing a member of Italy’s highly independent magistracy” over this case, specifically that he “called Armando Spataro a “militant’. meaning a communist”...

That public denunciation of the magistrate happened, recounted the US cable, after he “presented Castelli with requests for the provisional arrest in contemplation of extradition for 22 Americans involved in the alleged rendition of Egyptian Imam Abu Omar from Milan.”

Does this sound at all familiar?! There seem to be good lessons here for Curt Knox, David Marriott and the FOA.

Italian justice may take its sweet time (deliberately so, because of the Post World War II constitution) but all important cases are an opera in three acts - and no perp should think he or she is home free (and start writing books) at the end of Act II.

And prosecutors should never ever be leaned on because they invariably push back and most have the firm support of powerful colleagues - not the hapless Judge Hellmann, though, who the Council of Magistrates has made quite sure is gone.

Note that under Italian law criminal defamation suits by officialdom can be brought in Italy even if the serial slimers are across the Atlantic and believe distance or a helpful government is on their side.

The first of the suits against Sollecito for the multiple defamation in his book could be filed any day now, and Andrew Gumbel and Simon & Schuster executives might find targets on their own backs.

Roll on, the Amanda Knox interview and book!  We’ll see if anyone by then grew a brain.


Monday, February 11, 2013

Funny Talented Very Smart Woman, 21, Killed By Another Woman With No Record Of Crime Or Violence

Posted by devorah





Sound familiar? Sadly, probably too much so.

The stabbing death of Susan Sarkis is believed to have happened in a spiral of anger and violence on Saturday night, in Brighton Le Sands, a southern suburb of Sydney Australia,

The woman arrested is the apartment’s 31-year-old owner who is now being held in custody. A video and the story so far are included in this report in the Sydney Morning Herald.

Details about Ms Sarkis are still emerging but she was clearly talented, warm, and admired. Messages posted online by her cousins are quoted as follows.

“RIP little cousin. When I received that phone call on New Year’s Day and u were wishing me a happy birthday I was almost in tears seeing as you always remembered my birthday,” he wrote.

“Well now I’m in tears remembering you. We miss you. Your life was cut too short, but your in a better place. Love you cuz and we will definitely see you later.”

Another cousin wrote: “RIP Suzie.. A life cut short but the memory of a beautiful young girl will live in our heart forever. May God give your parents, Chrissy & Anthony the strength to get through this very difficult time. Love you cuz xx”...

“Sweetie, habibi susie my little sister. I’m shattered you’re a beautiful sweet angel sweetness,” another wrote.

Below: Brighton Le Sands is south of Sydney downtown, by the airport, on its “other harbor” Botany Bay









Posted on 02/11/13 at 06:07 PM by devorah. Click screenname for a list of all main posts, at top left.
Archived in Other legal processesThose elsewherePondering motive
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (11)

Wednesday, February 06, 2013

Should The Amanda Knox Defense Maybe Point The Finger At An Angry Daddy?

Posted by Peter Quennell





Given a level playing field Amanda Knox and Raffaele Sollecito are almost certainly going down for the final count.

There is not the slightest sign that their defenses know how to contend with the Supreme Court appeal filed by Umbria’s chief prosecutor Dr Galati. One has already walked (Maori) and the fact that the others don’t respond publicly to Galati speaks volumes to Italian lawyers.

If the first appeal (called in Italy the second level) is rerun in whole or in part, Sollecito and Knox could see Judge Massei’s “mitigating factors” annulled and find themselves each facing 30 years inside or even life.

The whole thrust of Sollecito’s ill-timed book (subtitle “how to shoot oneself in both feet”) is that he deserves to serve less time than Amanda Knox (who he “nobly saved”) and preferably to serve no time at all.

The sliding scales of all discussion of the case

Many bright people follow the case. We have many lawyers and crime experts and even judges read here. Many took a long time to settle on a “guilt” point of view and approached it very professionally (reflected in many of the posts written by professionals here). This is contrary to the klutzy, amateurish FOA campaign and their inaccurate rants about “haters”.

There are various great sliding scales or continuums in considering all aspects of this case. A lot of what we talk about on PMF and TJMK is where, precisely, we should all come down on each of these various scales at the end of the day. Especially of course how the judges in Rome and Perugia should calibrate them.

Via Dr Galati’s appeal and especially Sollecito’s book, we now have a new one. If reconvicted, should Sollecito and Knox serve equal time? Or should one or other serve more? Let us approach this by considering first some of the most-discussed of the sliding scales.

1) Was Knox a good friend of Meredith or increasingly a pariah?

Many here incline strongly to pariah.

Knox has an obvious tin ear and sharp elbows, was doing little study in Perugia, was making life hell for all her flatmates, was bringing noisy threatening lowlife men home (the other three virtually never brought men home), was disturbing Meredith’s studies, was hitting on patrons in Patrick’s bar, and was definitely into drugs to the extent that she might already have become an addict.

2) Pre-meditated murder or a hazing or spontaneous spiral initiated by Guede?

At least some here incline to the view espoused by some psychologists that Knox and Sollecito were probably both at minimum fantasizing violence, Knox against Meredith, and Sollecito long-term generically.

Knox had become threatened by Meredith in several different ways: Meredith was prettier, was much funnier, had won the best available boy, was brighter, had a tougher study regime, was more directed and ambitious, and had left Knox in the dust on all fronts. Hints that Meredith was about to get Knox’s job at Patrick’s bar could have been the last straw.

To most here, Knox has always seemed the initiator and the leader in the rage against Meredith, and the other two were possibly drawn in by group dynamics.

Judge Micheli certainly believed this. Judge Massei might have done, and his pointing at Guede (espoused in spades by Hellmann and Zanetti) and Massei’s “mitigating factors” both seemed “humane” stretches to give them a few years off - stretches which Chief Prosecutor Galati in his appeal and the Supreme Court in their finding on Guede have already both rejected.

3) Isolated crime/unique family or does American society incline this way?

Statistics show that society here in the US is separated out between super-rich and the other 99% more than at any time in the past 80 years and although productivity has been going up amazingly, all fruits of growth have gone to those super-rich. Many of them have a mindset that basically tells them they made it on their own, and government roles in their success and that of their creative hard-working employees dont matter a damn.

The situation and the anger in the US has been worsening, and absence of true growth for most people also have European and Japanese societies in disarray

In the US one can see heightened levels of anger in the losers of the Superbowl, in the renewed buying of guns, in conspiracy theories on the Internet, in the success of the very thought-provoking Hunger Games books and movie (small people against rich and a captured, cruel over-militarized government), in politics (of course!), and in the vitriolic flames on the IMDB movie forums now against the front-runner movies and actors for the Oscars.

We may not see this at major play here in the crime against Meredith, though, except in the over-competition sense, and the sense that Knox grew up in slight poverty (see below) and was burning through her savings with all the cocaine use (Perugia cops think it was cocaine)

4) Mental ill health in the perps and/or families or original evil?

Sollecito’s dad has long admitted that Raffaele is not normal, and he has struggled to keep him off drugs and focussed hard on his studies. His dad also admitted to all Italy that Sollecito included defamatory lies in his book.

An open and shut case? Seems so. Raffaele now looks “uncomplicatedly” psychopathic and the myriad wrong and nasty claims in his chest-beating book really hammer this take on him home.

That book seems to be his equivalent of Knox’s abrasive, uncaring two days on the stand in 2009 which so damaged her with the Massei jury.

Knox’s mental health seems more complicated. She was widely known to be “quirky” as a kid and then she became pretty wild in Seattle after she moved to live near the university. That certainly wouldn’t have helped.

Most recently, Knox seems to be sliding away into a bubble world without any possibility of admitting she needs treatment, which seems to explain her being kept well out of sight for a year now and not working or studying.

Generally the PROSECUTION in Perugia has been the side to suggest she is not mentally fully well (after the psychological tests in Capanne Prison in 2008) and the DEFENSE and FAMILY has been the side that shrugs this off and hasn’t made it any part of her defence.

Knox seems to have given off plenty of signs in the days after Meredith died that she was alternating between glee and horror. So she seemingly did know what she was doing on the night, and our guess is that it was she who pushed the knife in. In these circumstances the original verdict and sentence seem appropriate.

However!

5) Knox made herself what she was or did her family contribute?

Curt Knox’s seeming blind rage at Edda during their marriage and for years after are an open secret among some in Seattle. He apparently had one of the worst records in the entire US in not paying child support to Edda for Amanda and Deanna, and had again and again to be taken to Superior Court by Edda to be forced to make his monthly payments.

Here are two public records showing two instances of him being taken to Superior Court by Edda.

And we are told that Curt Knox was counseled by one or more judges to get himself some anger management therapy. Apparently he wasn’t formally required to take anger management therapy. He may have done so, though there seems no record that he ever did.

Okay. Not all kids growing up in such toxic family situations suffer, but some do, and a few end up with their hard wiring seriously messed up. Some even end up as drug-takers and murderers.

The classic example recently was the mass killer Anders Breivek in Norway, whose early childhood in a toxic family situation was not entirely unlike Knox’s. (In that case also, the prosecution thought maybe he was nuts, and the defense, successfully, argued otherwise.)

Italian lawyers tell us that it would be for the DEFENSE to bring this up in Perugia if it is a possible mitigating factor, and that it doesnt impinge on the prosecution’s case.

But how could they?

Curt Knox was apparently the one who shushed Amanda Knox at their first meeting in Capanne Prison, Curt Knox was apparently the one who misled her about the world-wide skepticisim against her (she didnt know about that until she came out of prison), and Curt Knox was apparently the one who drove the nasty PR bus - and most recently hosted all of the worst of the rabid PR nuts (including Sforza and Fischer) in Seattle.

Curt Knox has apparently consistently instructed the defense lawyers and PR honchos to keep the pedal to the floor, even though Chris Mellas once openly argued against that. Amanda Knox may have pushed the knife in, but Curt Knox for five years has not come clean about his own possible role in any mental condition.

Our present conclusion

Without a lot more information on Amanda Knox’s early days in her broken home in Seattle, and her current mental condition and condition back in 2007, it is pretty hard to calibrate this. It is not really possible to be precise about where she should be on any sliding scale of time deserved in prison if she is finally convicted.

It is really incumbent upon the defense counsel in Italy (their lawyers’ code of ethics requires this) to push hard for this information, and if they think it relevant to present it to court at any rerun of the appeal trial.

Amanda Knox herself should want this.

Posted on 02/06/13 at 08:39 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Crime hypothesesThe psychologyThose officially involvedAmanda KnoxKnox-Mellas teamFrancesco Sforza
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (34)

Sunday, February 03, 2013

Meredith’s Perugia #33: A Great Look Around Her Chosen Italy By Helicopter

Posted by The TJMK Main Posters


 

Posted on 02/03/13 at 06:25 PM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
Archived in Concerning MeredithHer Perugia
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (1)

Tuesday, January 29, 2013

Italy’s Advanced, Effective, Humane Law & Order System Also Adopted By City Of New York

Posted by Peter Quennell





New York City.

The main characteristics of the Italian system are (1) a large and visible national and local police presence, (2) a low crime rate even by European standards, and even more-so by American standards, and (3) a very low rate of incarceration that is only 1/6 that of the US.

Pretty well the exact opposite of what you’d suppose if you read only Frank Sforza and Raffaele Sollecito and Bruce Fischer and Saul Kassin and Steve Moore and of course Mario Spezi. Read only them, and one might be excused for thinking Italy’s is a huge, horrible system the Italian population desperately needs them to save it from.

Get a life!

An extremely misconceived campaign if the real purpose (we do wonder) is to do anything helpful for in particular Amanda Knox. The average Italian in the street likes and respects and is proud of their system. Polls repeatedly show that the institutions of that system are the most trusted and respected in Italy.

The general mood is probably toward a bit less concern about all perps and a lot more concern about all victims.  But essentially the system is liked for what it is. Conspiracy theories don’t fly.

New York is now the safest big city in America. It is following a route that is not only almost identical to Italy’s - it is being watched and emulated elsewhere across the US. All of John Tierney’s important report in last Friday’s New York Times is worth a read, for this could represent a huge sea-change.

These are the openings paras. 

Now that the United States has the world’s highest reported rate of incarceration, many criminologists are contemplating another strategy. What if America reverted to the penal policies of the 1980s? What if the prison population shrank drastically? What if money now spent guarding cellblocks was instead used for policing the streets?

In short, what would happen if the rest of the country followed New York City’s example?

As the American prison population has doubled in the past two decades, the city has been a remarkable exception to the trend: the number of its residents in prison has shrunk. Its incarceration rate, once high by national standards, has plunged well below the United States average and has hit another new low, as Mayor Michael R. Bloomberg announced recently. And crime in the city has fallen by more than 75 percent, almost twice as much as in the rest of the country.

Whatever has made New York the safest big city in America, that feat has certainly not been accomplished by locking up more criminals.

“The precise causes of New York’s crime decline will be debated by social scientists until the Sun hits the Earth,” said Michael Jacobson, a criminologist who ran the city’s Correction and Probation Departments during the 1990s and is now the president of the Vera Institute of Justice, a criminal justice research group. “But the 50,000-foot story from New York is that you can drive down crime while decreasing your jail and prison population — and save a huge amount of money in the process.”

New York’s singular success has attracted attention across the country from public officials whose budgets have been strained by the prison boom. The 2.3 million people behind bars in America, a fifth of the world’s prisoners, cost taxpayers more than $75 billion a year. The strict penal policies were intended to reduce crime, but they have led to a historic, if largely unrecognized, shift in priorities away from policing.

“The United States today is the only country I know of that spends more on prisons than police,” said Lawrence W. Sherman, an American criminologist on the faculties of the University of Maryland and Cambridge University in Britain. “In England and Wales, the spending on police is twice as high as on corrections. In Australia it’s more than three times higher. In Japan it’s seven times higher. Only in the United States is it lower, and only in our recent history.”

Posted on 01/29/13 at 08:11 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Justice systemsItalian systemOther systemsThe wider contextsItalian contextN America context
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (14)

Friday, January 25, 2013

Reasonable Doubt In Italian Law: How Sollecito, Hellmann, And Zanetti Seriously Garbled It.

Posted by James Raper





Above: Sollecito’s lawyers. Is he too thick to understand them? Or are they incompetent and giving him bad advice?

Certainly as compared to the incredibly high legal standard of the Galati Appeal, it appears that the accused, their lawyers, and Hellmann & Zanetti are all seriously outclassed.

Hellmann and Zanetti at first appeal trial, and Sollecito in his absurd book, all seriously garbled one fundamental concept in Italian law that they ABSOLUTELY need to get right if they are to have any sway with the Supreme Court.

Incredibly Sollecito’s own lawyers Bongiorno and Maori are listed as assisting him with the book and allowed this lunacy to fly.

Here is Raffaele Sollecito in Honor Bound.

For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy.

What he is implying (in a manner gratuitously insulting to the intelligence of his compatriots) is that were the above statement not true then he, and Amanda, would have been acquitted in the first instance.

Oh, really?

It seems that we are also being asked to believe that Sollecito and his ghostwriter, Gumbel, are historians of Italian jurisprudence. So, let’s quickly examine what substance there is to the claim.

It will be seen that the concept of “reasonable doubt” is understood well enough in the courts of Italy, though unfortunately less well understood by the former Umbria Appeal Court judges Hellmann and Zanetti.

Not only that but those two judges made pointed remarks at the outset of the appeal also garbling the concept, which were very disturbing. I shall look into that in a moment.

Sollecito‘s remark does have some context but it is wildly inaccurate and unfair. 

We know that the Italian legal system is based on the inquisitorial system common to continental Europe, whereas the anglo-saxons amongst us are used to the adversarial system. It is also true that the specific expression “beyond reasonable doubt” was not introduced into the Italian criminal procedure code until 2006.

It is Article 533 of the Criminal Procedure Code: “The judge pronounces sentence of conviction if the accused is guilty of the offence charged beyond all reasonable doubt.”

Now let me defer to our Italian poster Yummi who can explain the historical context. He writes -

The current Italian system is the result of a procedure code reform introduced in 1989. This reform introduced several features of the adversarial system into a new criminal procedure code. One of the features of the new code was the abolition of the “not proven” verdict. This factually had been working very effectively as the version of “reasonable doubt” in the Italian system.

In an inquisitorial system the court is a council headed by professional judges and it’s task is not just to deliver a verdict, but to deliver a written rationale or dossier aimed to provide “a judicial truth”.  Typically “reasonable doubt” is a formulation coming from systems where juries do not issue a written rationale while systems that have motivation reports on verdicts usually don’t have it: it was commonly agreed that the absence of doubt should be understood from the rationale. Absence of doubt is not a quality that is inherent in the internal conviction of a juror, but instead is understood to be a feature of the logical proof provided by the written rationale. It was believed that the absence of doubt in the judge’s mind should be shown by the fact that a motivation report is logical.

No Italian scholar would ever maintain that the “reasonable doubt” standard is a recent introduction in the Italian system.  Only the acknowledgement of it’s wording is relatively recent.  In the Italian system the formulation “reasonable doubt” was starting to be used explicitly in Supreme Court jurisprudence in the early nineties; a change of wording in honour of the adversarial reforms, but in fact a continuation of the long jurisprudence tradition of the “not proven” standard.”

In fact in the adversarial system “beyond reasonable doubt” is really an instruction to the jurors that they must arrive at a certain evidentiary standard if they are to convict. Any system that would produce a “not proven” verdict would mean that the standard has not been met.

In the adversarial system no written rationale for a verdict is required to accompany the verdict. That the Italian system retains this requirement is very much a safeguard for the accused as well as for the State both being thereby protected from perverse or capricious convictions or acquittals.

Second here is Judge Zanetti at first appeal:

The only certain and undisputed fact is the death of Meredith Kercher.

So said Judge Zanetti on the opening day of the appeal. It was a statement that brought gasps of astonishment from those in court, particularly from the reporters present who deemed it to be an admission that reasonable doubt existed.

In fact, of course, there were a lot of certain and undisputed facts. No one denied that there was evidence, most of it undisputed. What was disputed was the interpretation of that evidence.

That, being so, why did not Zanetti say that? Clearly the remark was injudicious, and cogent only in its intended impact.

What of the Massei Motivations Report one might ask? is it toast?

That remark not only helped to set the tone for the entire appeal - what was said soon after by his senior colleague was even worse. 

Compliance with article 533 of the Code of Criminal Procedure (Judgement of conviction only if the defendant is guilty of the offence complained of beyond a reasonable doubt) does not allow (us) to share fully the decision of the Court of Assize of First Instance.

(In Italian: il rispetto dell’articolo 533 del Codice di procedura penale (pronuncia di condanna soltanto se l’imputato risulta colpevole del reato contestatogli al di la ogni ragionevole dubbio) non consente di condividere totalmente la decisione della Corta d’Assize di primo grado”)

That was said by Judge Hellmann on the third day of the appeal before even the evidentiary and discussion stage had opened. And thanks again to Yummi for the above quote.

It seems that the presiding judge had felt compelled to expand upon his colleague’s stark opening remark but in doing so he had opened a can of worms. He had just made things even worse. Unfortunately the prosecution decided not to challenge the remark and the appeal proceeded. They should have done so.

Article 533 relates to verdict. The verdict (to be) is not to be hinted at or discussed at the opening of any trial or appeal and certainly not as pointedly as this. So serious is this faux pas that I have it on good authority that the prosecution considered impeaching the presiding judge for incompatibility and incompetence. It seems that they did not because of the furore this might have caused and perhaps also because they were confident of the strength of the case in any event. In retrospect a grave mistake.

What in fact was Hellmann saying? Let us consider.

“Compliance with article 533.…..…does not allow us to share fully the decision of the Court of Assize of First Instance.” 

I believe that what we see here is the first indication of the judges’ manifest misunderstanding of what should have been the correct approach to an evaluation of the evidence in the case and the application of the “reasonable doubt” standard.

I do not intend to deal with that in any detail. It is set out cogently in the Galati appeal.

Suffice to say that the “reasonable doubt” standard applies only to the culpability of the accused for the offence with which he/she is charged. Article 533 makes this abundantly clear and this is no different from how our own adversarial system deals with it. It is not a standard to be parcelled out to each item of evidence or inference drawn. That the appeal judges thought they could do (and did) precisely that is implicit in Hellmann’s remark.

How can one not “share fully the decision of the lower court”?

Hellmann could have said that he did not fully share the decisions of the lower court as regards each element of evidence rather than “the decision“, which can only be a reference to the actual verdict. But “the decision” is what he says, linking it specifically to article 533 where only the singular use of the noun would have any meaning. So on the face of it this can only be about the verdict of the lower court. And yet, how can one not fully share a verdict? A verdict cannot be parcelled out. One either agrees or disagrees with it.

Despite it’s manifest inappropriateness, no doubt the remark was meant to acknowledge that there was some doubt about the validity of the verdict in their minds. Well at least that’s honest but in that case, was it not incumbent on them to specify what it was that concerned them? I would have expected that. True, it was already clear that the DNA on the knife and bra clasp, and Curatolo’s credibility, were specific issues, as they had allowed these to be examined, but beyond that there was no disclosure as to what other doubts on the evidence they had in mind. We know now from the Motivations that there were others and what these were ( Quintavalle and the staged break-in, just for example) - and I think it would be pretty disingenuous of them to pretend that they did not exist at the time.

Already one sees elements of confusion, incompetence, mis-procedure, misleading the prosecution and coded messages (for the media and politicians?) to the effect that the appeal judges had already rationalized an acquittal in the appeal.

And if, with their doubts, they had in fact done so then what, pray, was the point of :-

1. Ordering a review of the DNA evidence on the knife and the bra clasp

2. Re-hearing Curatolo

3. Hearing from Aviello and Alessi

……other than that they were seeking that elusive “reasonable” element of doubt.

It is almost as if the entire appeal was tailored to suit and a sham. It certainly looks that way in retrospect, particularly as the element of reasonable doubt still remains elusive on close examination.

Yet it may just be that the appeal judges were just incompetent and that their incompetence (with the incompetent assistance of Conti & Vechiotti) infected the entire proceedings.

We shall see what Cassation thinks of the garbling of this fundamental concept when the prosecution appeal is entertained on 25 March.

Posted on 01/25/13 at 06:22 AM by James Raper. Click screenname for a list of all main posts, at top left.
Archived in Appeals 2009-2015Hellmann critiquesItalian justice hoaxItalian system
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (28)

Monday, January 21, 2013

An Overview From Italy #2: Current Perceptions In Italy, Justice Perverters Fail, Mignini Vindicated

Posted by Machiavelli (Yummi)





My previous report on the bad news remorselessly building here for the defense was on the Procura Generale appeal to the Supreme Court.

One year ago – between the end of December 2011 and beginning of January 2012 – there were only rare idle comments in the Italian press about the Meredith Kercher case, more or less sarcastically noting the “suspicious” circumstances of the Appeal trial.  I recall how a mention of the topic was dropped into the last number of “ll Venerdì” of 2011.

“Il Venerdì di Repubblica” is the weekly magazine issued together with the newspaper “La Repubblica” (thus probably the most read magazine in Italy).

The cover theme of that week was provincialism – or better “the provincials” - the adjective used to assemble a sample of seven little cities (Cuneo, Voghera, Rimini, Jesi, Perugia, Benevento, Partinico), picked from different regions, and taken as examples on the theme, that is stories of “local colour”;  what goes on in small “provincial places”.  A few characters and stories are brought in to depict the local life of each place, and the voices of local authors adds something about the places.

The article about Perugia (at pages 62-68) was by Luca Cardinalini. In that number of Il Venerdì, having stories of “local colour” as weekly theme, there were shades of ironic tones for each city, often through the voice of local intellectuals. As Perugia is described, the Meredith trial is quickly recalled among its local stories; the reader can’t miss how this is viewed as in connection with another most remarkable feature of the city, that is Masonry.

According to Luca Cardinalini and Enrico Vaime, Masonry is called a “Specialty” of Perugia, like chocolate. Local author Enrico Vaime intends to convey the people’s perception about shady powers existing in the city, about a local environment saturated by plots and informal powers, as something behind recent strange judicial decisions such as the Hellmann verdict and the apparent dropping of the Narducci case.  The widespread belief of Perugians that the Public Minister (prosecutor) is the righteous one shines through the words of Enrico Vaime.

Also notice how racism appears to be another key perception about the verdict. Quality media press in Italy has a typical style of understatement.  This comment hints that it seems obvious that the Appeal was a racist verdict - and it was “expected” that they would find a way to blame the black one and the outcast. 

Some of Perugian “provincialism” seems to include a very narrow localism of Perugian identity: a person from Orvieto is reported to be called “a foreigner” ; but this is because the cultural viewpoint is based on the assumption of a personal knowledge of all people.  In among this, there is Vaime’s knowledge about how rooted Masonic tradition and power is in the city, in a scenario of “brotherhoods” and “tribes” (the article includes a photo of the most known “Masonic” monument in Perugia: the gryphon or griffen – the emblem of Perugia – grabbing a toppled Pope’s Tiara in a sign of rebellion). 

The report by Vaime is objectively correct : the concentration of members of Masonic lodges in Perugia is the highest in the world, about 5 times the national average of Italy (which is anyway very high). 

In Vaime’s wording decent people in Perugia are ‘Christians’ or ‘Communists’ – these are the names he uses to address the main categories he sees as “good” people, two transparent moral systems.  He devolves skepticism toward the less transparent allegiances, the murky and informal connections to powers. 

I believe these perceptions from one year ago, in this colorful article about Perugia, should be most interesting to the readers of this site.

The first part of the article on Perugia is not that interesting - it speaks mostly about a local character named Ivano Massetti, nicknamed “Savonarola of Umbrian football”,  the director (“boss”) of a local TV network and leading showman of his own soccer talk show. I skipped this first part with depictions of local folks, and get to the point at p.66 where the Kercher case is first mentioned. 

This is my translation of the article from this point:

[…](p.66 line 17):

As Enrico Vaime – a 100% Perugian, a writer, and among many other things fiercly provincial – already knows: “Only in Perugia do you hear people saying “actually Tizio [random guy] was not a native from Colombella, but from Piccione”, which is three times further”. And when his grandfathers (farther of his father) bearing the same name Enrico Vaime, moved his formal place of residence [to Perugia] from Spello, on the official documents they wrote “emigrated to Perugia and married to a foreigner from Orvieto”.

The roots are extremely deep. “Still today” Vaime says “when I say to my family “we go back home”, I mean here, in Perugia, where I have not owned a house for decades. And I still call the roads and shops with the names they had when I was a child, even if now the owners are foreigners, from Shangai or, as I say, from Terni”.

Vaime is cross with the bad reporters who described Perugia, in the Meredith murder case, as a capital of corruption and vice: “An invasion of charlatan journalists who, as they believed they were visiting a remote and lost province, they painted it as a sort of Chicago on the Trasimeno Lake”.

[The fact] that no Perugian was involved in that sad story, to them that was an irrelevant detail. And the trial ended just the way many Perugians expected: a black guy first wrongly put in jail, another black one convicted, the two white, good-looking, wealthy and well defended young people, free.

So it was that the Public Minister Giuliano Mignini became a target. He’s a Perugian whom the Perugians know as the dominus of the other judicial case – this also is, yes, entirely local – about which everybody talks and knows, but always in a low voice: the death of doctor Francesco Narducci,  the one suspected of having ties to the crimes of the Monster of Florence. From the judicial point of view that was - by half – just another hole-in-the-water [a failure] for which some critics have hastily put the blame on some alleged lunacy of the public minister.

But…  however… meanwhile, this [Naducci] corpse-swap was indeed found to have been for sure, a kind of unique case in the criminal history of the country. And, for what concerns the recent acquittals of those characters involved in this death, well, after almost a year and a half we are still waiting for the verdict motivations. All of the suspects were esteemed high-class professionals. That’s a perfect mix of strange deaths, sex, lead-astray investigations, and Masonry; this is in the city with the highest number of Masonic lodges in Italy.

Vaime sighs: “Masonry is something alien from me, but I have many friends who are in it. In Perugia it works as a compensation chamber for various powers, but also as an effort for the surge of the spirit to many decent people. Masters, masons and “33”, but all of them decent Perugians”.  Masonry is considered a local specialty, just like the bruschetta or the Etruscan arch.

“One day you find out that that mediocre employee of your acquaintance, or the one who performed an incredible career in the public administration or in politics, is a ‘son of Horus’. Then you either laugh, or you slap yourself on the forehead just like saying to yourself “Wow! [how could I ] think about it!”. “That travet* [*a generic mediocre opportunist employee], too” 

Vaime says “to me it is a strange Perugian, with little interest for the Egyptian god compared to his covet for entering inner circles of a certain world. Their internal motivation is “I want to see how the lords sit at the table”. But in there [Masonry], you see, there are also good Christians and good Communists; as has always happened in this province, which has the art of living together in its genes”.

[…. ]



This month – Jan 2013 – the Italian press returned to the topic of the case again in a few brief articles. This time it was because of Sollecito’s book.

After Maurizio Molinari’s report from New York on the book in September, and the busting by Bruno Vespa on Porta a Porta of Francesco Sollecito, who ended up openly contradicting his own son’s statements, another hint appeared in the local press about what is cooking up backstage. 






This article in Perugia Today has a neutral take, but the same understatement and kind of vagueness as it anticipates that something very likely will happen.

What I find most delightful is the quotation marks in the title around the word “author” – journalist Nicola Bossi doesn’t believe for a moment that Sollecito actually wrote the book: 

Meredith Case: “author” Sollecito at risk of criminal lawsuit

The recounts about an alleged negotiation in order to pin the main charges on Amanda Knox, and unproven violence by the Perugia Police are under target. Mignini is considering criminal lawsuit.

Written by Nicola Bossi – Jan 4. 2013  

The Meredith case is not closed, and this despite books and movies almost tend to drop it after the acquittal in second instance of Amanda Knox and Raffaele Sollecito - who were convicted in first degree for the murder of the English girl that took place in Via della Pergola.

On upcoming March the 25th the Court of Cassation of Rome will have to decide on the request for a re-opening the trial, submitted by the Procura with the authorization of Public Minister Giuliano Mignini.

In the environment of the magistrates there is confidence about a [guilty] verdict that many – in Italy and in the USA - have heavily attempted to discredit. But from the same environments around them, they talk about a greatly serene Mignini making assessments about the next strategic moves, following the attacks directed against him – and against those in Law Enforcement who cooperated with him – contained in the book by Raffaele Sollecito.

An upcoming criminal defamation lawsuit is becoming more and more likely every day, especially about some particular paragraphs. The material published by Sollecito has already resulted in discussions and clamor above all about claimed negotiations [with the prosecution]  aiming to shift the blame onto Amanda alone, to be rewarded with his immediate release.

But there are also accusations against the Police about violence during his interrogations. “If you dare get up and walk, I beat you up in a bloody pulp and I kill you. I leave you in a pool of blood”. This is what you read in the book ‘Honour Bound’ issued in the US, as what Sollecito attributes to the Perugian officers.

“They wanted me to lie so they could frame Amanda”: this is the premise of the claimed negotiations claimed to indirectly involve Mignini too, which he always denied. Allegedly this would have been enough to get [Sollecito] out from prison soon, leaving the American woman in trouble.

So, these are grave accusations which Mignini apparently does not intend to let go unpunished. The criminal lawsuit is likely to be filed earlier than the date of Cassazione [25 March].

 

Another small piece of news is this article below published in Leonardo and written by Valentina Cervelli: 

It seems basically a “commented” version of the Perugia Today article. Cervelli adds a few polite lines on her own thoughts in this piece, published on the Bbooks page of Leonardo,it; this is my translation:

Is Raffaele Sollecito going be sued soon for “Honor Bound”?

By Valentina Cervelli -  6. Jan 2013

Are there troubles in sight for Raffaele Sollecito? His “Honour Bound” book is going well in the United States in terms of sales, but here in Italy it might be soon result for him in a lawsuit for defamation by the Law Enforcement forces and by the Public Minister Giuliano Mignini.

As we know already, in Honor Bound – My journey to hell with Amanda Knox and return Raffaele Sollecito has reconstructed the whole judiciary story from his point of view, telling in his autobiography what [he says] is his own truth.

On March 25 Cassation in Rome will decide on the [prosecution] request for the re-opening of the trial submitted by the Procura authorized by Giuliano Mignini, after the acquittal in the second instance of the two main accused, Sollecito and Amanda Knox.

The young woman has returned back to her country and we bet it’s going to be difficult, if not impossible, to get her back in our country even in case of retrial after Cassation and a possible conviction. But lets leave aside this possible dispute and lets focus on the book. In Raffaele’s book Mignini is iimplicated because he reportedly comes out discredited. In the material published by Sollecito in his book he even talks about alleged negotiations in order to blame Knox alone, obtaining in reward a quick release.

And what about the allegations of Police violence during interrogations? Of course we don’t get into the merits, but it seems obvious that parties that may be considered offended would tend to launch a counter-attack to defend their dignity and their work. At the moment no lawsuit has been submitted. But with much probability that will be done before the decision of Cassazione.

By now we can only wait for the publishing of the book in our country, in order to assess with our minds what Raffaele Sollcito has written and the “hot” material published in his made-in-the-US autobiography.

By the way; one thing Valentina Cervelli might get wrong is the purported good sales of Sollecito-Gumbel’s book.

The Amazon.com site is reliable as quick indicator of a product’s success;  the price of a new copy of “Honor Bond” on Amazon.com is now $ 3.51 (last week it was 3.76; the cover price is $ 24). It suggests sales are not quite as expected.  The drop speed is significant if you consider that the book has been out for only four months.



[Above: the Florence Palace of Justice]


While many honest magistrates seem to be working in Florence, there is still some strange behavior by one or two people in the Florence prosecution office.

Iin particular by the chief prosecutor there were some unexplainable decisions.  As people reading this site know, Giuliano Mignini and Michele Giuttari were convicted (of some of the charges) in the first degree trial in Florence. 

The motivations document was disconcerting because: besides the proof of their innocence on the main charge, what was described as the evidence on the remaining charge constituted extremely weak and vague arguments for what was claimed about Giuttari, while they were totally non-existent about Mignini. 

In the second instance appeal as we know the court completely crushed the trial case.

The case against them collapsed not because of a technicality, as the FOAs falsely claimed. In the figment of their imagination the Knox supporters erroneously thought that the Florence court had an “option” to overturn the case, to find Mignini and Giuttari innocent, but that they instead decided to pass the judgment on to some other tribunal.

The pro-Knox believers are probably also ready to believe blindfolded that there was some kind of evidence against Mignini.

The Knox believers are wrong. What in fact happened in Florence is something almost unique in a judge’s career. The first remarkable event was the decision by the Florence court of nullifying the first degree verdict. They did not simply overturn the verdict (neither change, or “reform” it as we say) since an overturning would imply acceptance that a previous verdict actually existed and was legitimate.

The cancellation was in fact an in limine act about the validity , which does not require an assessment about it correctness. The court went way beyond. In fact they nullified the whole trial, not only the previous one in terms of judgment, but also the preliminary hearing, and the indictment; and even the request of indictment. 

It is a legal outcome not comparable to a simple change or overturning because it is a ruling that the whole proceeding was illegitimate from the very roots. The investigation itself of Mignini and Giuttari was declared illegitimate. 

If elements were found for the opening of an investigation, the prosecutor would be entitled to carry on their duties, though the investigators should be from another territory.  This is important because the Florence court found evidence that people from the same office were involved in cases against Giuttari and Mignini, both as offended parties and as prosecutors. 

Because of a basic conflict of interest, the local prosecutors were incompatible and the Procura of Florence had no jurisdiction. Not even Genoa would be compatible.

Florentine prosecutors therefore had no right to bring cases against Mignini and Giuttari. The investigation files now must now be sent to the competent jurisdiction – where they should have been sent from the beginning – which is Turin; there other legitimate prosecutors will decide if and how there is anything to investigate about, and if there are any charges to bring against anyone.  The Florentine trials should have never taken place. The court ordered that the legitimate investigators are the Procura of Turin. 

In addition, they also ruled that the court of Florence would be an incompetent jurisdiction in any further possible case that stems from that investigation: since the competent prosecution is Turin, in case elements for the indictment of anyone for any charge are found, in the future, everything should go to a court in Turin – this, only if there will be any charge to bring to court . 

This decision in Florence was a total debacle for the Florence prosecutors.  It is in fact “politically” much worse than an overturning of a verdict. It is not just a like a different conclusion on the merit, it is the decision to take away even the investigation from them, a kind of implicit censure of their work as highly illegitimate.

But at this point in the procedings, something even worse and even more strange happened.  The Procura of Florence did something even more unusual, in fact unprecedented as far as I know. 

Apparently the Florence prosecutors are not happy at all to pass the investigation file on to Turin. For some reason they seem instead to want to do unnecessary and irrelevant hard work instead.  The Florentine prosecutors impugned the decision and revisited this at the Supreme Court against the Florentine judges.

This step is almost unheard of because the decision of the Florence appeal court is of a type that manifestly cannot be impugned at the Supreme Court. The recourse is obviously going to be declared inadmissible. If that submission was done by a private citizen, they would get a heavy fine for that.

Here it is a power in the Florence judiciary branch making this inadmissible move; for unknown reasons. 

I’d like to know the real motive behind the latest Florence move, the only effect of which can be a waste of time (and money), a delay, of at least one or maybe two more years, which only makes the failure of the whole proceeding against Mignini and Giuttari more likely due to lapse on an expiration terms.

I say “I’d like to know” but in fact one motivation stands out as obvious:  the whole proceeding against Giuttari and Mignini, from the first bringing of the charges at the lower courts, appeared as having a wasting of time among its purposes. 

One practical effect - maybe a practical purpose - of pushing the charges against Mignini, was taking the file about the Monster of Florence case links with the Narducci case away from Perugia. By this move, the Florentine prosecutors managed to factually put their hands on the Narducci-MoF file and remove it from the investigating powers in Perugia.

Another effect of this was delay. Now this latest move looks as if its purpose were to delay, as much as possible, the transfer of the legal documents to Turin.   

What is the ultimate event that, by all this, they seem to be seeking to delay?  I can’t know for sure, I can only guess; in fact, I have only one answer, which also stands out as something obvious for those who know a bit of the backstage: 

Giuliano Mignini is not an ordinary magistrate, he belongs to the Anti-Mafia Territorial Division of Umbria, and recently was selected for a further promotion by the Supreme Council of Magistrates.

In fact what is delayed is the advancing of Mignini’s career:  in fact he has been already promoted to a directive function; but, by the rules, his taking the post was frozen while awaiting the outcome and conclusion of the Florentine prosecution. 

Prosecutor Mignini is de facto already functioning as a prominent Magistrate in Perugia and considered as such; but formally he has not been given the directive power.  Several people – among them Spezi and a number of his journalist friends, but possibly also other much more important people too – are likely not at all eager to see Mignini awarded further power.

About the latest endeavor by Raffaele Sollecito, who became liable for criminal defamation by writing false allegations about Mignini and others in his book, I expect - as logically unavoidable – that several powers and subjects will basically have no option but taking legal against him.

There will be a strategic necessity to doing this in order to prevent extradition issues in the future, but also, above all, on principle, because Sollecito made false claims about public institutions that needt to have their names cleared.  Considering the kind of allegations against the judiciary as an institution, and considering that Mignini is a judge of the Anti-Mafia Division, this is the kind of lawsuit that I see as likely to be submitted on a national level, in Rome. 

If that is the case, it would not be the only strange thing that the courts of Rome will deal with.

It seems like there is a kind of “curse”  on proceedings related to the Narducci case. All sections of the Supreme Court which have been asked seem to have attempted to declare themselves ‘incompetent’ about re-opening the cases related to the Perugian doctor. The Cassazione is a huge office with a hundred judges working there, but maybe not so many of them are eager to deal with this case.

This could be only a coincidence. It only brings up to my mind, through a free association of thoughts, a more generic question – a personal question of mine – that is whether the words “Masonry” and “Politics” have an echo in Roman corridors too.

*****

Finally I want to add another significant piece of Italian news. 

The news a week ago was that the Procura of Florence is investigating a possible corruption/mafia plot involving construction enterprises and politicians that revolves around the building of a new high speed railway in Florence.

Some 31 people are being investigated and among them is the former governor of Umbria. A huge drilling machine – nicknamed the “Mona Lisa” – used to dig subway tunnels in Florence was sequestrated by the Procura. 

In the last couple of years Perugia’s prosecution office had a main role in fighting political corruption, but it seems that the Florence Anti-Mafia division is also active, just as it was in the times when the prosecutor Vigna worked with them.

Vigna was the one who first evolved the “secret sect” scenario in the Monster of Florence case, raising unexpected problems among the Procura staff.


Saturday, January 19, 2013

Barbie Nadeau Reports On A Mystery Disappearance That Is Now Gripping Italy

Posted by Peter Quennell





This MAY be a kidnapping. It concerns Italian fashion house head Vittorio Missoni.

Missoni and several others took off for a short flight from a Caribbean island to Venzuela where he was to board a plane to Italy. One main problem is that so far in clear though very deep water there is absolutely no sign of any wreckage.

Usually in light aircraft crashes in water a few things remain on the surface or soon float to the top. How Barbie Nadeau describes the second main problem.

But more disturbing is a series of cellphone anomalies. On Jan. 6, according to Italian wire service ANSA, more than 48 hours after the plane disappeared, the cellphone belonging to fellow passenger Guido Foresti sent a message to Foresti’s son indicating that the phone was back in range after being out of that zone since earlier that day. Calls made later to both Foresti and his wife’s number indicated that the phones were off.

A day later, calls to Foresti’s wife’s phone rang 10 times before automatically transferring through to the phone’s answering service, indicating that her phone was also momentarily on or back in cell-tower range. According to several Italian newspapers, a list of calls registered by the local Venezuelan telephone carrier the Italians’ phones were roaming through showed that both the Foresti phones made a series of calls at noon on Jan. 4, several hours after the plane disappeared.

The search continues. As with so many Italian fashion houses (see image at bottom) there is an elegant store in Manhattan.



















Posted on 01/19/13 at 07:10 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Other legal processesItalian unrelatedThe wider contextsItalian context
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (0)

Wednesday, January 16, 2013

Both Oscar Frontrunners For Best Movie Criticised For Highly Misleading Foreign Depictions

Posted by Peter Quennell





Now that the cycle of Godfather-type films is done, American movie demonizations of Italy and Italians seem to have dried up. At least for the moment.

Hollywood has long relied on demonization and paranoia-building to pull the paying crowds in - the Colonial British and “Redskins” in historical drams and westerns, the Nazis (okay, maybe that was fair enough), the Russians back in Soviet days, and most recently middle eastern mobs and subversives.

Form your impressions of foreign countries only from American TV and movie depictions and you might end up where the FOA are now: paranoid and delusional that entire countries are pagan and that their modern justice systems are “third world” and that somehow they all succumb to the grip of one evil megalomaniac..

Anyone who follows PMF and TJMK closely knows that the opportunist rants of Doug Preston and Steve Moore and Nina Burleigh and Bruce Fischer about Italy and the official participants in the case are really complete poison.

Italy has a very low crime rate and very few murders, its prison system is only 1/30 the size of the US’s, and its justice system is very modern - it was only created, very carefully, after World War II. Most of its faults flow from politicians like Berlusconi bending and defunding the system to keep their corrupt pals on the streets.

Every week Hollywoord movie and TV depictions come out that falsely depict what are often modern, well-run countries, and especially falsely depict their cops, lawyers, and judges as incompetent and corrupt.

The GOOD news is that there is also a steady effort (in parallel to ours here) by informed and humane people - both Americans and those from the falsely depicted countries - to push back and enlighten. To try to call a halt and correct the damaging notions put out there.

One good example is the movie Taken 2 with Liam Neeson which takes place in modern Turkey. Was it the real modern Turkey? Here are examples from IMDB reviews of strong criticism of this xenophobic movie.

This movie is utterly awful unless you are ready for a bad comedy. There are tons of flaws. Albania doesn’t border Turkey. Istanbul is a magnificent city. In the movie it is portrayed as a third world country slam hole. Police in Istanbul have new cars… Shots are fired in a hotel, grenades are detonated in a middle of a cosmopolitan city ...and there’s no Police…

i got a couple words to the idiot/s who produced this movie

1. Turkish borders don’t look like parking lot barriers

2. Try shooting grenades and guns in Istanbul and count how fast special forces and police will be on your head

3. We discharged those ancient police cars in 1980s. didn’t you have budget for good ones?

I just hated the director’s point of view about Istanbul, and Turkey. In some scenes you see some women wearing pitch black clothes as if they live in a country governed by Islamic rules. No!!! Turkey is not like that!!! Its constitution is more democratic than many ‘democratic’ countries in the world. And especially, women had their rights before many ‘democratic’ countries in the world. For example Turkish women can vote or can be elected since 1934! Just check the history. You will see Turkish women had such rights before millions of other women living in other countries.

Turkey is a secular, democratic and modern country. You can see the people very modern looking all over the city, not ninjas! The people of Turkey do not wear such pitch black clothes like the people living in an Islamic country. Not only the appearance, but also the thoughts are modern and contemporary in Turkey! Why did director tell a big lie to the world? Is there a political reason? Should a director act like a horrible politician?

Of the 300+ reviews on Taken 2 there on IMDB over 200 take issue with what is depicted.





Now one of the Oscar frontrunner movies, Argo, is also being labeled as factually false, misleading and demonizing - with luck (we shall see) enough to cost it the Oscar.

What it SHOULD depict is a Canadian operation led by Ken Taylor to get six Americans out of the Canadian Embassy in Iran in 1980 when Teheran was already a sophisticated city that had been allowed to fret and go sour for too long under the iron hand of the high-living American-supported Shah.

What it DOES depict is something almost opposite: an American (CIA) operation led by Tony Mendez to save their six people from crazed hordes of fundamentalist Iranians. Here are examples from IMDB reviews of criticisms of the depiction of the country at that time, and the role played by Americans. 

It did have one irritating thing… kind of a big one. It pointed most of the accolades to Affleck’s character and the CIA. This really was not true. It was Ken Taylor and the Canadians who really pulled ‘the Canadian Caper’ off so successfully.

“When Taylor heard a few years ago that Mendez had sold movie rights to his book (which, to be fair, is much more generous than the movie about Canada’s role), “I said, ‘Well, that’s going to be interesting.’....“The movie’s fun, it’s thrilling, it’s pertinent, it’s timely,” he said. “But look, Canada was not merely standing around watching events take place. The CIA was a junior partner.”...

So the USA does another revision on history here. I believe ‘Argo’ goes this far. Yes, it’s based on a true story - the movie does it’s best to allude that it sticks to technical accuracy. And it really does, in some ways. Historical pictures of flag burners, rioters, gate climbers, etc.. up against Argo film stills run by during the credits make it seem that the facts were adhered to down to the tiniest detail. In reality, it wasn’t Tony Mendez or the CIA who were responsible for the success of this operation; actually they were barely there.

In this movie they pictured Iranians like a bunch of savages who try to kill Americans and burn their flag at any given moment…. The problem is people did the revolution to have a better country and to get rid of the shah,who was a bad leader but they chose a much worse option, the Islamic republic. when i spoke to those people who were a part of that revolution, they told me “we didn’t know hi-jab would be compulsory for women,we thought it would be a free country with Islamic laws” “we didn’t know…” .It’s all they can say, that they didn’t know this and that could happen.

The historical inaccuracy has been pointed out in other reviews: no, things didn’t happen that way, the Canadians deserve much more credit in that operation than this portrayal ever shows. Notwithstanding the role of the US in sustaining a puppet dictatorship during the Shah and actively interfering in a sovereign country’s domestic politics for decades prior to the events….What I dispute is how incredibly shallow and predictable the storytelling is:

It could not be more islamophobic if it tried. I am not saying the Iranian revolution was something pretty. It really wasn’t. Here is a list of the disturbing in the portrayal of Iran in Affleck’s Argo:

When the Iranian people spoke Farsi in the film there were no English subtitles. If an American spoke Farsi there magically appeared subtitles.

Every single Iranian in the film was angry. This was the only emotion they could express. According to Argo all Iranians are hostile.

Showed no culture, not a single educated Iranian of their own right. There was one “good” Iranian who was a housekeeper to the Canadian ambassador. No character development at all, she serves her purpose and leaves. Apparently fled to Iraqi cause thats going to end well for her children.

The streets of Iran were made to look like the streets of hell. The streets are shown with either one of these characteristics 1. angry Iranian mob protesters who are in favour of the Khomeini;  2. militia terrorizing and murdering it own citizens;  3.objectified Iranian dead bodies.

The basic fact that for a short period several American consulate workers were in hiding and were flown out under fake identities is true, but a lot is missed out. They first hid in the British consulate, but were moved to Canada House on British advice (as best as I can glean from various Internet sources), and the whole operation was a joint venture between at least three countries. What we get is a ‘Yankwash.’

Pretty much nothing in this film actually happened (time-wise, people-wise, story-wise), so what’s left is just the movie in itself. Where Ben Affleck portrays a man with clearly no emotions, the group of six ‘escapees’ clearly experienced difficulties portraying fear. Add in the classic ‘America is the smartest country in the world, and the bad guys have the intelligence no bigger than a pile of (you know what)’ and you’ll find this movie pretty annoying (like I did).





The other Oscar front-runner for best movie is Zero Dark Thirty about the American raid in Pakistan which resulted in the death of Osama Bin Laden. Criticized mostly for being boring but also for ends justifying very harsh American means including repeated torture of foreigners . Here are two quotes on these lines, again from reviews on IMDB.

Zero Dark Thirty is one of the most offensive propaganda film crafted for critics and American jingoists I’ve seen in a long time. There is nothing worth while in this film. It’s dull, repetitious, badly acted mess without a clear goal or any intentions of exploring it’s subject matter, politics surrounding it and moral and ethical questions.

Some parts of this “movie” remind me of black-and-white Nazi propaganda documentaries. Shooting female civilian in the back is not a heroic act. Not even in a war. Never was. I have some doubts about what real happened on that night in Pakistan. Why the most wanted was not taken alive. Submitted to a Court. Show him to the world and let the American people judge him. Interrogate him. Using the law to make justice. Nothing of this was answered. All the movie its like a very bad documentary about assassination and torture

Posted on 01/16/13 at 09:58 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Reporting, media, moviesMedia news
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (11)

Saturday, January 12, 2013

How Much Or How Little To Blame Rudy Guede? The Defenses’ Immense Headache Coming Up

Posted by Cardiol MD



[Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]


On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?

Well, it sure varies.

In trial court and first-appeal court it was never ever 100%. Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.

In fact among the defendants and their teams only ONCE was Guede ever blamed 100%. 

Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.

Our next post will look at the categoric claims against Guede in that book. Meanwhile, here, let us start at the beginning.

Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0%. Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.

In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point.  After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.

At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.

In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene.  In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito. 

Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.

Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow. 

During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.

We can assume that is either 33% or 50% but never more than that.

On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.

The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).

In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:

  • The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
  • But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.

I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.

Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.

We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”

I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it.  Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.

It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.

I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.

I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review.  We should know in March 2013 if they regret it at all, let alone ‘bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.

We were less impressed with how Judge Zanetti started the appeal hearings.

To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is ‘certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.

Unless the word ‘thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case. 

For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.

Guede, himself, had certainly already made a documented reference to Meredith’s scream.

It was also certain that Guede had made documented references to his actual presence when Meredith screamed.

Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the ‘reliability’ of those facts, e.g. ‘it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?

The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:

  • That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, ….so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
  • That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
  • That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
  • That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “… the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19,  2007,  also listened to by the Police,  can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
  • And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “…..he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”

So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:

  • Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
  • In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.

We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.

Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:

The Hellmann/Zanetti court, “has… made …. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.

In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him [59] to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .

The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times‛ (pp 88 of the call [transcript]).

If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times‛?

Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.

And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it ‚in favour of the two accused‛ both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe‛ and thus could well have been able to tell the whole truth (p 40 of the judgment).

Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.

[91] Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.

In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house – who must have been one of the flatmates, thus Amanda (p 11 of the call), – while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).

And also, on the subject of the break-in in Romanelli’s room – thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) – can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).

If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies [92] having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”

None of this changes my own beliefs that there are even many more things in evidence that are ‘beyond any reasonable doubt’.  For example:

  • It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
  • It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
  • It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.

In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it. 

Verrrry tough situation for defense counsel to be in.


Tuesday, January 08, 2013

Perugia’s Exceptional Uni And Economy May Have Left RS And AK Feeling Like Small Frogs In Big Pond

Posted by Peter Quennell



[Multi-millionaire success story Brunello Cucinelli and, below, his Perugia-area factory and a typical store]


Few crime specialists seem to see the pattern of the attack against Meredith as being absent of intense anger.

There is no way that attack represents the pattern of a lone burglar or for that matter of a single perp of any kind. The Supreme Court already KNOWS that and they know that at first appeal the Knox and especially Sollecito lawyers tried desperately to prove that two or three other perps were there, either with Rudy Guede (witness Aviello) or without (witness Alessi).

For months now, apparently unnoticed by the FOA sheep, the defenses have been sounding absolutely feckless in the face of the juggernaurt prosecution appeal submitted to Cassation by Perugia’s chief prosecutor Dr Galati.

We’re betting that if they had it all over they would have urged Knox and Sollecito to take the short-form trial and one of the olive branches offered by the prosecution (that it was a sex-based attack which went too far, not an intentional preplanned murder).

They could have entered known facts about Sollecito and Knox to show that at the least they had tin ears and had always been callous, jealous and quirky. They might have advanced a drug-based excuse - the other olive branch advanced by the prosecution was that they were on cocaine and not marjuana that night and cocaine can induce rages leading to murder.

They might also have advanced the notion that both AK and RS were being remorselessly frozen out by their peers, who increasingly looked down on them, not least of course Meredith whose sleep and studies were constantly disrupted by the thoughtless, sharp-elbowed Knox.

Consider first who were their peers. Perugia is a city of driven high performers and it may not be the most comfortable environment for low-performing layabouts. In its own small way it is about as hustling as Manhattan.

It is one of the brightest cities in Europe with an extremely high median IQ. It is one of the top-performing cities in the Italian economy, in part because of the advanced scientific research at the very large university, and in part because it is the home to some brilliant international entrepreneurs.

Both these faces of Perugia are constantly in the Italian news. A search of the past week’s news for the university turns up reports on medical and mathematical and space-science breakthroughs and as usual a number of international conferences in the works.

And a search of last week’s news for Perugian businesses turns up for example this report on Brunello Cucinelli the highly sucessful and innovative fashion-goods entrepreneur who is now talking of doubling his factory.

Sollecito was never really a part of either. He had few friends and no girlfriends, he was a year or two behind his age-group in his studies, and he needed his back watched at all times - though from his book it is obvious that he felt needled by his highly successful doctor-father.

And Knox arrived with poor Italian despite all the claimed studies back in Seattle, she took on only a light and unimpressive study-load (compare Knox’s to Meredith’s) and she was rapidly shedding friends and the goodwill of her tolerant, well-meaning employer.

Neither had a credible and impressive career path in mind, and for that matter, still don’t. It is tough enough to know you are not making it, that can induce in many quite a rage.

But it is even tougher when all your peers around you notice it, and in American street parlance you get to feel “dissed”.











Posted on 01/08/13 at 06:51 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Those officially involvedThe wider contextsItalian contextThe psychologyAmanda KnoxRaff Sollecito
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (12)

Saturday, January 05, 2013

We Mean You No Harm. Please Take Us To Your Leaders…  Oh Yes, But Of Course…

Posted by Kermit





Yes but of course. The self-appointed FOA leaders are now all physically or mentally AWOL. No sane credible adult is at the helm.

  • Scammer Number One is physically absent without officlal leave. He may be hiding out in or near Perugia, probably broke and without a good lawyer as his lawyer walked off the job, facing court dates starting later this month and possible imprisonment in two countries and now also a further defamation suit - he in effect already lost one defamation suit last year when a court ordered Google to take down a site it hosted for him for all the defamation it had contained.
  • Scammer Number Two is also physically absent without official leave, and may be hiding out in or near Verona, attempting on Facebook to make out that he is free and relaxed as a bird after nipping across to Manhattan for the New Year. Also that he is and always was loyal as hell to Amanda (give us a break) and that the devastating prosecution appeal and the devastating row of defamation suits about to hit him and his publisher and team sparked by his overheated book dont bother him or his dad a bit.
  • Scammer Number Three is mentally absent without official leave. He is to be found squealing and blubbering these days in the stock-room of a fur-store on the north-west outskirts of Chicago, running low on new people to blame, his money-grubbing scams now publicly revealed for the toxic dishonesties on which they were based, his obergruppenführer presence on his internet boards despised now by many who had once gone along with his act, with the biggest defamation target of all on his own back as his vitriolic personal rants still populate the web, and with no Curt Knox or other deep-pockets any longer on his side.

First, here is an understanding word or two for the FOA sheep.

Dear sheep. Of course we dont mean to be unkind or unsympathetic in implying that the broad body of your movement which was elevating these three to gods in their own minds were simply sheep. Many FOA seem to us to be very nice and very well-meaning, if maybe a tad naive. The jaw-dropping revelations of the sums of money that you have been shelling out suggests that the myths you had been made to swallow had stirred your kind hearts to the core.

As a way of disengaging from the flock, and to fill the deliberate vacuum of hard facts, we would highly recommend that you now read all these posts and especially all of these posts here.  Our strongest advice to any ex-sheep would definitely be this.

Don’t shell our any more of your hard-earned cash to those three imposters listed here at the top.  They all face suits now for going way too far. Dont get mixed up in that. 

Okay. Back to Number One.

We are told that Frank may not even have made it to the viza section of the American Embassy in Rome. But let’s say it were true that Frank actually made it across the Atlantic and he showed up at the international arrivals zone of an American airport hours before his date with American justice last December 31.

Then any honest attempt to justify Frank’s non-appearance in court would take into account that Frank knew he wasn’t coming as a tourist, and that as someone with an arrest record (and seemingly having way overstayed a prior visa waiver for a visit limited to 90 days), he would have lots of paperwork to request a visa.

Yet, going back to the end of November when he was being released on bail from the Seattle jail , Frank and his pro-Knox handlers were in a huge hurry to hustle him out of the country following his latest arrest and questioning by police for domestic violence incidents, probably knowing that this might affect whether he could return.

The world waits for some coherent and direct explanations from this cornerstone of the public image defence of Amanda Knox.

Meanwhile, there’s absolute silence from Knox’s corporate PR firm Gogerty Marriott who continue to use the Knox contract as a showcase example of how successfully they work (they are joking, right?).

Many public figures and sheeples have been photographing themselves with Frank over the months presuming that he was in the US on a tourist visa for goodwill. Meanwhile, he was carrying on what the Committee to Protect Journalists has insisted is his money-making and therefore taxable profession,  and also earning at the same time “donated” income and gifts maybe up into the tens of thousands of dollars.

Mr Taxman please note.

Meanwhile, the vacuum left by Frank, a god in his own mind in the woven fabric of the Knox PR image, is turning that fabric into tatters. Someone will have to tie up the loose ends, and in particular give an explanation on where Frank’s absence leaves the very serious accusations of improper and abusive treatment by Prosecutor Mignini and the Flying Squad (neither were involved in his arrest).

Those false accusations all stem from Frank and Doug Preston and similar accusations of abuse are the main components of just about every explanations for Knox’s many conflicting alibis and her bizarre reactions to Italian investigators following the murder of Knox’s roommate Meredith Kercher.

As you may know, Frank claimed to have been beaten up by officers of the Flying Squad beholden to the “rogue” Prosecutor Giuliano Mignini because Mr Mignini was allegedly sufficiently upset by “Frank’s” many blog posts in favour of Knox to have sent his henchmen over to Frank’s house.

After promoting this fiction for months and now years, even many pro-Knox commenters are admitting bashfully that in fact the person who complained to Italian police about abuse by “Frank” was actually a female family member in his own home.

Mr Mignini was NOT involved, the Flying Squad was NOT involved, Frank was NOT beaten up (the wounds in evidence were on the cops) and he was NOT taken to a hospital to have him certified as mad. One big body of lies.

This line of physical abuse and malicious fabrications after the fact certainly fit with Frank’s more recent episodes of being arrested and/or questioned for complaints of domestic violence in Canada, Hawaii, and, now, Seattle.  Looks like, by his own hand, Frank is finally cooked.

More news in future posts about Scammers Two and Three.

Posted on 01/05/13 at 08:05 PM by Kermit. Click screenname for a list of all main posts, at top left.
Archived in Hoaxes KnoxKnox no-PR hoaxHoaxers - main peopleKnox-Mellas teamSollecito teamFrancesco SforzaSteve MooreBruce FischerMore hoaxers
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (24)

Tuesday, January 01, 2013

Might Frank Sforza Already De Facto Be Banned From Ever Reentering The United States?

Posted by Kermit




If the disastrous last few hours of 2012 are any indication, 2013 will be a nightmare year for the Amanda Knox PR campaign and their associated income streams.

As regards the latter, with Knox’s memoirs book set for going on sale next April, there will have to be some serious rewriting or respinning if any mention is made of her family’s stalwart friend and logistics handler in Perugia. The man of many aliases, amongst which is his blogging name of “Frank Sfarzo”.

“Sfarzo” (real name Sforza) did not show up yesterday – New Year’s Eve 2012 - in court in Seattle for his preliminary hearing for a double charge of Assault 4-Domestic Violence related to his latest arrest associated with violence (domestic violence or against law enforcement officers) in different countries and continents.

Already the few remaining “Friends of Amanda” spinners on Bruce Fischer’s TrashForCashVictimsAnywhere forum not yet chilled by his escalating legal comeuppance are desperately justifying “Frank’s” bouts with domestic violence arrests as being the fault of the alleged victims.

One of the victims, Peter H in Canada, who had trustingly contributed to Sforza a very large sum, has now said “enough is enough” and bit the bullet in terms of personal embarrassment and posted a highly abusive and dishonest email from Sforza which passes for truth in his pathological world.

This is reposted with thanks from PerugiaMurderFile.net and deep appreciation to Peter H.

Yes, unlike you, abandoned and avoided like pest by everyone, I’m having fun. And anyway it’s not your business if I’m having fun or not, since the idea of you making my business makes me puke, as everyone who looks at you can only be disgusted by your scary appearances and, if they know you, even more by your person.
You are a zero, in BC nobody knows you, you never produced anything in your life, you just live out of a disability check, you have no money, you save on the electricity, you calculate how much water your victims, who accept to reach you in that barn, consume.
Your “friend” Bill Gates doesn’t have any idea who you are as well as your other “friend” Steve Jobs didn’t.
It’s only your imagination of mythomanic, paranoid, perverted, drunkard, old fool, as you rightly define yourself.
You are a disturbance for every one who has the bad luck to come across you, or who falls in the traps in which you attract them. You harassed Betttina, you harassed me, you are violent, dangerous, you have hallucinations because you are crazy, you are a snitch and a slanderer at once, you called the police at 4am while I was in bed telling them that I had stolen your wallet and cellphone. And that’s in the records of the police of BC. You were so clever to call the police after having made crimes against me, exactly as the other drunkard did. That’s the proof that you are stupid. You are so stupid you are not even able to make up an accusations against your victims. How can someone who has to stay in your house steal your cellphone and wallet, what does he do with your cellphone and your wallet if he’s staying in your house out of the world?
Uh? What? You don’t understand? If you were able to understand you would have produced something in your life, you would have someone close to you instead of having to pay people to get there.
Old disgusting drunkard and fool, remove immediately all my contact information from your email and cellphones. Remove within 48 hours the emails to me or from me you have been publishing online (because you are a nobody mythomaniac who wanted to show to the world that you were my friend). I never authorize you to publish my emails,I told you that you could post them only on the private discussion of IIP, where there are my friends, not on the public one. Remove those emails withing 48 hours or I’m gonna sue you. Never contact me again. You can’t answer this email, you can’t talk about me or say anything about my person with anyone. Next email or any attempt of communication in any form from you towards me will be evidence of your further disturbance to me, I’ll pass the border and I’ll report you to the police, who luckily know you very well.

We checked and Sforza’s malicious description of Peter H is not remotely akin to the truth. Many others can testify that, in terms of Sforza’s endless stream of threatening and abusive emails, that one is very much par for the course. Could Michael Heavey be next?

No wonder more and more one-time supporters of “Frank” and the Bruce Fischer forum TrashForCashVictimsAnywhere and in general the Amanda Knox cause are becoming more and more revolted with an immoral and borderline illegal campaign.

On New Year’s Eve, “Frank’s” Seattle court appointed lawyer initially tried – do give her credit – to arrange a week’s delay in the hearing, alleging “customs” problems that “Frank” was said to be suffering. However, Judge Ed Mckenna probably believed that with a month to prepare for any such problems, the blogger known as “Frank” should have foreseen them and been in court on schedule.

In reality, Frank likely had no problems with the American Customs. There are only three or four grounds. See the form below.





It is doubtful that even he would fly to the US for a domestic violence preliminary hearing and at the same time tried to introduce those prohibited or restricted goods into the country. Given “Frank’s” dependence on other peoples’ earnings, it is unlikely he introduced excessive levels of cash into the US. It is unlikely he tried to introduce livestock, vegetables, or disease agents.

Instead of being allowed a week for Sforza to make it through Customs, the judge gave Sforza’s lawyer only three and a half hours delay in starting the proceedings against him on New Year’s Eve. However, by 1:30 p.m., she had to concede that she couldn’t ensure that Frank could be anywhere in particular at any particular time. She did not even know where he was.

As a result, Judge McKenna had no other option than as prosecution requested to issue a bench warrant for “Frank’s” arrest.





Click for a larger image. That shows that the Amanda Knox PR asset known as “Frank” is now officially wanted under an arrest warrant covering any jurisdiction in the United States. If spotted any police can arrest him on sight. Anyone with any information concerning his whereabouts may inform the nearest law enforcement agency.

However! He may still be in Italy, or he made already be in some other country, indeed even under cover in the United States. In fact, his personal Facebook page currently lists a visited location in the New York area, although given his track record of deception that may or may not be where he really is.



[“Frank” could be in NYC if his Facebook page shows his true location.]


A number of questions remain to be answered.

One is the basis on which “Frank”, a foreigner with a recent record of domestic violence arrests, could be released on bail last November following his arrest for attacking two housemates in Seattle.





As the above image indicates, it appears that typically Assault IV–DV suspects are held in prison, especially if there is a likelihood of flight.

Just as Amanda Knox was held in preventive prison in Italy to avoid her entourage of fulfilling their promise to get her out of prison and Italy in whatever possible way, why was “Frank” – a foreigner with arrest and legal issues growing around the world – allowed out on only $2,000 bail when it was very likely that what could happen has actually happened: he left the country and hasn’t returned on time for his court preliminary hearing in Seattle. Who facilitated this questionable decision to offer him bail in November?

Having left the country, both the judge who freed “Frank” on bail in November and “Frank” himself should have been more than aware that should “Frank” leave the country – exactly as he seems to have done hours after getting his bailed freedom in November - that he could have serious and lengthy paperwork to prepare should he want to return and face the American justice system?

A justice system that Fischer’s TrashForCashVictimsAnywhere and the Amanda Knox PR campaign has so often favourably compared to what they paint as a corrupt, abusive Italian justice system.





Entering the US if you have an arrest record – as is definitely the case of “Frank” – is difficult and requires much more extensive paperwork than simply filling out the ESTA VWP forms online like an average tourist. Anyone in “Frank’s” situation should have been responsible enough to identify potential problems in returning to the US to face his Domestic Violence charges …

Unless!

    ...unless the entourage around him (I’m not referring to his court appointed lawyer) felt that in fact the best option of those available is to not have “Frank” go through a difficult trial that could further damage the Knox PR campaign and have a negative impact on upcoming sales of Knox’s memoir “tell all” book and her odds on appeal.

    or unless the US Rome Embassy or Immigration decided (not at all for the first time) that it would be way cheaper and safer for everybody concerned to simply keep him out.

The final question is: where actually is “Frank”?

He has an upcoming trial in Italy for biting a police officer who responded to a domestic violence complaint phoned in by a female member of “Frank’s” own family. A prison term is a real possibility. He has an American arrest warrant issued against him. A prison term is a real possibility. He’s certainly not wanted back in Canada.

His attempted point of entry into the USA if there was one is not publicly know. He has not been seen publicly in Perugia for some weeks.

Maybe he’s already disappeared into some far-off hills for a few years. Cross-section of his new lodgings below?



Posted on 01/01/13 at 08:46 PM by Kermit. Click screenname for a list of all main posts, at top left.
Archived in Other legal processesThose elsewhereThe wider contextsSeattle contextKnox-Mellas teamFrancesco SforzaMore hoaxers
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (33)

Judge Ed McKenna Issues A Bench Warrant For The Arrest of Court No-Show Frank Sforza

Posted by Peter Quennell



[Above and below Municipal Judge Ed McKenna and some images of Seattle Justice Center]


Our main poster Fly By Night reports from the Seattle court.

Before the afternoon session began, Frank’s court appointed lawyer and the court bailiff informed interested parties that he would not be making an appearance.  The KING5 cameraman decided to leave before hearing the adjudication. With court in session, the lawyer apologized to the judge for wasting the court’s time on her no-show client by requesting the half-day delay.

In the morning session the lawyer initially requested a one week delay due to Frank having “customs” problems, but could provide no further information for the court regarding Frank’s absence in the afternoon session.  The judge was aware of Frank’s legal issues in Hawaii, but could find nothing in Frank’s record that would have prevented him from making it to court and therefore disregarded the claims of “customs issues”.

The judge was willing to entertain any additional excuses or suggestions on Frank’s behalf, but unfortunately there were no supporters to be found, leaving his lawyer to state, “I have no further suggestions, your honor.”

The judge then asked the prosecution for a recommended course of action.  The response was, “issue a bench warrant for Mr. Sforca’s arrest”, and the judge agreed, issuing a bench warrant for Frank’s arrest on New Year’s Eve 2012.

Hmmm. Unfortunate that there was not even one supporter to be found…

Frank Sforza has apparently not been seen in Perugia either since his flight out of Seattle a month ago. He also failed to attend a court hearing in Perugia on his (more serious) resisting-arrest charge there.

If he fails to appear in court on the new date next month a Perugia judge is expected to issue a warrant for his arrest. Its is possible that he could be declared an international fugitive if there are more no-shows. 

Oddly, Frank Sforza is apparently still sending out his trademark abusive emails to his former fans and financial helpers. Will that come to include Judge Heavey and Curt Knox? 

Not such a good idea to fight justice all these years. Kermit will post again next on the full implications of Frank’s meteoric career - downward.

 









































Posted on 01/01/13 at 02:30 AM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Other legal processesThose elsewhereThe wider contextsSeattle contextKnox-Mellas teamFrancesco SforzaMore hoaxers
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (0)

Monday, December 31, 2012

Will Frank Sforza Show In Seattle Court? If Not Arrest Warrant And Freedom Revocation Probably Next

Posted by The TJMK Main Posters



[Above center: Frank Sforza with close acquaintances Curt Knox and Michael Heavey]


1. Skeptical Bystander reports:

Live from the Seattle Municipal Court: Sforza a no show this morning.

Attorney requests one week delay, says Frank is having customs problems and interpreter is not available this afternoon.

Judge asks if Frank’s English is good enough to function without interpreter and then resets for 1:30 today.

Will he show? KING 5 cameraman was there.

2. Fly By Night reports

Frank Sforza is a no show this afternoon as well. This time, there’s no KING camera to record the non-event. Waiting for Judge McKenna to make an appearance.

If there were supporters in attendance, they were being very discreet.

Posted on 12/31/12 at 11:00 PM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
Archived in Other legal processesThose elsewhereThe wider contextsSeattle contextKnox-Mellas teamFrancesco Sforza
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (5)

Saturday, December 29, 2012

One Of The Serial Defamers of Italian Justice Must Face Some Hard Truths Of American Justice

Posted by Kermit





This has not been a good year at all for the increasingly beleaguered Knox and Sollecito campaigns.

As interest in Amanda Knox and her case dwindles precipitately in the United States, her image handlers seem to realize that a major final push effort must be made for their final challenge to be successful: a profitable sales kickoff for Knox’s “tell-it-all” book now promised for April 2013.

At this point, the tough prosecution appeal in the case against Knox and Raffaele Sollecito for the murder of Meredith Kercher seemingly hardly interests the PR campaign, apart from any market “churn” that it can help to develop for the book..

Raffaele’s own US book promotion tour three months ago was little short of a complete disaster. On the one hand, his heated text has provided massive new defamatory material against innocent persons, and on the other he has introduced new affirmations that totally contradict his defence team’s posture throughout the murder trials.

Now, the Perugian Blogger known variously as “Frank Sfarzo”, “Francesco Sforza” and “Francesco Sforca” (real name Sforza) has been arrested and has spent time confined in Hawaii and Seattle jails, in addition to being questioned by the Royal Canadian Mounted Police in Canada. In Seattle he may face more time.

These arrests and questionings are in addition to his arrest and charging in Perugia for attacking police officers coming to investigate a complaint for alleged domestic violence phoned-in by a female member of his own family. That trial is now pending.



[“Frank Sfarzo” with his fellow serial belittlers of Italian justice, Bruce Fischer and Steve Moore]


Frank’s Canadian Caper and his Hawaiian Punch adventure were of thematic note. In one case, it was an elderly Canadian gentlemen who was acting as Frank’s host who made the phone call in the wee hours to the Royal Canadian Mounted Police, because he feared that the often scantily clad and more-and-more argumentative “Frank” was a real physical threat to him. In the other case, a woman had Hawaiian police alerted and had claimed that she was pushed around by “Frank” in the hotel where she had put him.

What is really surprising is that in both cases the victims of alleged aggressions were fervent supporters of Amanda Knox! And in both cases, the victims had given “Frank” substantial monetary gifts: $5,000 by the Canadian man, and air tickets to Hawaii by the American woman.

In both cases, the victims were followers of the absurdly named “Injustice in Perugia” blog run by the beleaguered pro-Knox Chicago-suburbs blogger Bruce Fisher/Fischer. Fischer is actually a mall store assistant and wannabe sleuth who like “Frank” makes use of more than one name in grandly presenting a faux front to the world.

Back when he claimed online to be the upscale “Bruce Fisher of New York”, Bruce carried out many nasty and in-effect anonymous attacks on individuals, mostly women, who did not share his point of view. The “Fischer of Chicago”, now exposed, continues more cautiously in public, but in his little private forum he continues to rant against anyone who doesn’t share his untethered take on Amanda Knox’s total innocence and a vast Italy-wide conspiracy. This authentic Fischer has a fairly unexotic lobbying base and Internet connection for promoting his pro-Knox cause: the suburban-mall fur-shop where he works.

Fisher/Fischer is now maintaining that the plea on his blog for the “Frank Sfarzo Fund Drive” is to help the Perugia Shock blog and not “Frank” the blogger who runs it – however, that’s not what the Fund Drive description says:



[Above: Amanda Knox advocate Bruce Fisher/Fischer has been a key enforcer of donations to the Perugian Blogger]


As is often the case of persons who suffer domestic physical and psychological abuse at the hands and mouth of someone they implicitly respected, it must have taken a major act of self-questioning and doubt before the Hawaiian and Canadian victims were able to make themselves step forward and decry the abuse they allegedly suffered and were humiliated by.

Both of those cases were talked about a lot on several web discussion boards. Not surprisingly, Fisher/Fischer, who has invested heavily in the particular versions of the crimes against Meredith that he promotes to “save” Knox (and, as a necessary side-effect, Raffaele Sollecito) could only try and explain/justify the Perugian Blogger’s behavior, while at the same time directly accusing the two real victims of provoking the Blogger’s “quirky” personality. Fisher/Fischer’s take on Knox and his related income stream would otherwise be at stake.

Perhaps Fischer should be more worried about the potential liability for wrong claims he makes about third parties in this case, especially those in Rome and Perugia, and about the potential for the Perugian Blogger to cause further cases and more victims of domestic violence, given the blogger’s alleged record.





In spite of the statement of “Probable Cause” by the arresting police officer in Hawaii (see image above), in the end, under a great deal of heat, charges were not pressed by the victims against “Frank” in Canada or in Hawaii.

However, what Fisher/Fischer and other pro-Knox PR assets did not reveal in what I consider to be their hypocritical justification of “Frank’s” known violence in his North American travels is that he actually had one further legal case, still going forward in Seattle at this date.

It started to receive public scrutiny only when it was unearthed by Internet commenters on the pro-victim side.

Following his problems in Canada and Hawaii, on November 27 “Frank” was arrested yet again, in Seattle, after allegedly having a physically violent encounter with the persons with whom he had arranged a room when he returned to Washington State after his disastrous emergency exit from Hawaii. He spent over 24 hours in a Seattle jail before being bailed out thanks to donated funds.

The Seattle police report concerning this most recent incident and the arrest of “Frank” states thus:

“(VI – Victim1) said that he was sitting on the couch talking to the District Attorney’s Office when S/Sforza became agitated and slapped the phone out of his hand. S/Sforza then jumped on top of him and punched him in the face approximately four times. V I was able to push S/Sforza off of him and stand up but S/Sforza pushed him back on the couch causing pain to his right shoulder. S/Sforza then jumped on top of V II (Victim 2) and began slapping in the face and scratched him on the temple. While V II struggled to get away he scraped his left knuckle but was able to get to his room. While in his room he grabbed his phone to call 9-1-1. As he was walking out of his room S/Sforza tried to push him back in the room and grabbed him by the throat using both of his hands. S/Sforza then left the house and 9-1-1 was called. V II had a visible red scrape to his right temple, a visible scrape to his left knuckle and redness around his neck. Both victims declined medical attention at the scene.

[ed note. Sforza called 911, informing police that he would meet them] ... at 36th Ave W and W Mcgraw where he said he would be waiting. S/Sforza said that both V I and V II had been giving him a hard time since he returned from his trip. He said they told him that he wasn’t able to leave his room. He stated that V II had tried to force him to leave the house and choked him. S/Sforza did not have any visible signs of assault and did not have any redness around his neck. S/Sforza said the police were called to the house yesterday for a disturbance. A report was written on that incident (12-403658).

S/Sforza was placed under arrest and transported to the West Precinct… Persons took pictures of the injuries to V II and sent them for processing to the SPD Photo Lab via the Digital Evidence Management System (DEMS). 2 Domestic violence Supplemental forms were completed by Officer… S/Sforza has a passport from Italy and requested Consular notification.”

“Frank” has hinted in online conversations that he may be coming to Seattle for the purpose of celebrating New Year’s Eve. He has even gently jibed Amanda’s co-murder suspect (pending final appeal) Raffaele Sollecito for not being sure if it’s worth it to go to Seattle for just a few days at year’s end:





However, if The Perugian Blogger, a man of at least three aliases and now a number of arrests relating to domestic violence, is going to be in Seattle on December 31, it will actually be because he has a court hearing on New Year’s Eve for two counts of Assault 4 – Domestic Violence. 

This time, it seems that the alleged victims won’t hold back or be humiliated into letting the crime go unchallenged and have the charges withdrawn.

“Frank” has been a central figure to the pro-Knox forces ever since a few months after the murder of Meredith he decided instead to advocate for Knox in conjunction with other elements of the Knox PR campaign. This was a shocking and sudden 180 degree U-turn for someone who had up until then been strongly pro-Meredith and favorable to the prosecutor. Mr Mignini, on the case.

What incentive did he have to make such a rapid, stunning, radical change? Leaving many former followers behind?

I don’t know, but do note that nobody can account for how he paid his bills these past 4 years since he claims that no Italian media buys his articles. With “Frank” seemingly living off of the kindness of others and/or the PR campaign, and seemingly not having a particular long-term address of his own… Does the term “drifter” come to mind?

In time, the integration of “Frank’s” Perugia Shock blog with the Knox PR campaign was openly evidenced – before its current aesthetic makeover after it briefly was forced down – by the incorporation of key Knox lobbyist Jim Lovering into the blog credits thus:



[Above: Will “Frank’s” campaigner colleague and local resident Jim Lovering appear in court next Monday to support him?]


The Perugian Blogger has been useful to the pro-Knox campaign. In spite of American thriller novelist Douglas Preston’s strange affirmations that Italy has been coming over to Amanda’s side in her legal battle, the truth is that few non-American and specifically no Italian faces have come out strongly in favour of Knox, except for her own lawyers of course.

“Frank” quickly became a local enabler for the Knox-Mellas clan in Perugia, helping out with the most mundane activities, from revealing secret insider “knowledge” or “facts” on his blog, to babysitting the younger Knox-Mellas girls, or involving the girls in paid-for photo shoots.

In return, he was often referred to in pro-Knox circles as a “journalist”. This faux title was certainly a step up from “Frank’s” prior life of maintaining a website dedicated to selling truffles or capitalizing on the Italian version of Who Wants to be a Millionaire.



[Image above: “Frank” before Meredith’s murder: a mundane life of waiting for his 10 minutes of fame]

.
Following Meredith’s murder, and with the Knox-Mellas clan desperately in need of a facilitator for their everyday logistics in Perugia, “Frank” became their handyman and, in time, almost part of the Knox-Mellas clan.



[Image: Perugian Blogger “Frank” and Chris Mellas, Amanda Knox’s stepfather.]


“Frank”, however, was not merely a passive enabler. He asserted himself, and he pushed his envelope of fame and ownership of knowledge, even though he was mostly a receiver of the tidbits of information the Knox-Mellas clan would throw him when convenient.

His particular claim to “ownership” of information given to him got to the ridiculous point of claiming copyright to court documents that he received and posted on his blog. Court officials might find that pretty cheeky!





The official image of the knife later resurfaced in a great video by ViaDellaPergola here.

It seems that befriending “Frank” became the “in” thing to do, for a brief moment anyway, with many FOA-types and Knox Entourage hangers-on. He must have seemed quite exotic, and also, surprisingly, on their side. After all, the rest of Italy was clearly not.

Bruce Fisher/Fischer the blogger and Knox lobbyist has increasingly isolated himself in supporting “Frank”, and has been working around the clock to justify “Frank’s” string of domestic violence arrests and police questionings, after having published and vouched for “Frank’s” need for financial assistance.

Will Fisher/Fischer and Steve Moore continue to befriend and support “Frank” the blogger? Moore once stated that he would trust Amanda Knox as a roommate to his own daughter. Would he trust “Frank” to spend time alone overnight with his own daughter, now that Moore is aware of Frank’s arrest record for domestic violence? Does he approve of “Frank’s” way of living … is it simply “‘Frank’ being ‘Frank’”, or something that a father might be worried about?

Another of “Frank’s” close confidantes in the US has been Candace Dempsey, a person with a personal food blog on the Seattle Post Intelligencer website who hastily erased most of her culinary blogging past in order to get on with her new found life as a pro-Knox writer.



[Food blogger Candace Dempsey has attempted to recycle her professional focus in parallel with “Frank”]


Dempsey continues to dedicate herself – for the moment at least – to writing about Amanda Knox’s involvement in the Meredith Kercher murder case from a pro-Knox point of view.  Will Candace be at Frank’s hearing in the Municipal Court of Seattle on December 31? It would be a fine way of supporting someone she has shared so much fellowship with.

Followers of Meredith’s murder case all remember how Dempsey’s man-in-Perugia “Frank” stalwartly supported her affirmation that it would have been impossible for Amanda and Raffaele to stake out any movements of persons entering or leaving the cottage following Meredith’s murder, due to the entrance to the cottage grounds supposedly not being visible from the Piazza Grimana … in spite of every eye-witness observation and evidenciary photo to the contrary.

Another pro-Knox asset who has been supportive of “Frank” in many ways is Seattle’s King County Judge Michael Heavey. Heavey once received a stern official reprimand for sending, on State of Washington stationary, private accusations of judicial negligence to Italian authorities, where he accused Prosecutor Mignini of grave mismanagement of the Meredith Kercher murder investigation, without providing any evidence to support his wild and defamatory claims. Heavey continues his pro-Knox support in a vocal manner, with appearances at university forums that are prepackaged to support Knox, or speaking at local Rotary Club meetings (luckily we saved the video).



[“Frank” the Perugian Blogger and host Judge Michael Heavey pose together.]


Will Judge Heavey be present at “Frank’s” hearing for charges of domestic violence on December 31? Will he use his good offices to help Frank bear the state of Washington’s justice in the lightest manner possible?

Anti-Mignini novelist Douglas Preston, a patron funder of the Committee to Protect Journalists (CPJ), appeared (how coincidental) in a strange CPJ open letter to the world by Joel Simon to Italian authorities, complaining that a mysterious police squad that supposedly reports to Prosecutor Giuliano Mignini had beaten up “Frank” and had him arrested on trumped up charges.



]Novelist Douglas Preston – now a self-described “point-of-view journalist”]


Preston was a central source in a Committee to Protect Journalists (CPJ) open letter which transformed the domestic violence complaint of a female member of the Perugian Blogger’s family into a case of harassment by Prosecutor Giuliano Mignini. It’s hard to make up crazier tales, yet the CPJ stands by the unsubstantiated claims fed to it.  In most jurisdictions that’s called defamation.

Now is a good time for the CPJ’s Executive Director Joel Simon to show his face and admit his embarrassing error by recognizing that “Frank’s” arrest for violence against police officers in Perugia while resisting arrest was under the responsibility of Prosecutor Paolo Abbritti and his team.

Mr Mignini who “Frank” and Preston and Simoin smeared globally had no role at all and may well have not even have known about it. “Frank’s” domestic and anti-authority violence in Italy is consistent with his domestic violence related arrests in North America.

No one, not even CPJ’s Joel Simon could ever have seriously considered that the provincial civil servant Mr Mignini has a private goon squad of rogue policemen who report to him and beat up persons on his request.

By recognizing his error, Joel Simon would be making a positive gesture to classic journalistic standards (not gonzo point-of-view journalism standards) of correcting errors, and he would also be doing a great service to victims of domestic violence around the world. Joel, I ask you please to finally do what is right, and not what a financial benefactor of your organization wants you to do.





It is also important to hear what Preston’s response if any is to “Frank’s” current legal woes in the US. So far, no word from him. Will Preston continue to see the long arm of Mignini in all these arrests? Or will he distance himself from a person Preston considers a fellow “point-of-view journalist” in the Meredith Kercher case?

Preston recently contacted this writer, saying he was writing an Afterword to a book by Mario Spezi about what he calls the “Amanda Knox case”. He said this chapter would be dedicated to the key online players on both sides of the case. (Preston was first invited, see here and here and here, to correct some of his previous error-laden work.)

There is probably no other online personality more prominently associated with the Amanda Knox PR campaign than the blogger who goes by the nickname of “Frank Sfarzo”.

If Preston can’t make it to Seattle to support “Frank”, I guess we will have to wait for his new Afterword in Spezi’s book or his magazine article to catch his angle on “Frank’s” travails with the law, or at least what he thinks about “Frank” after they appeared together in the CPJ open letter - after which, Preston wrote some vigorous followup emails about the CPJ’s open letter concerning “Frank”.

If it had not been for Preston the fictionalist and “Frank” the recycled truffle blogger, there would have been no inaccurate and highly unfair demonizing of Prosecutor Mignini, and that would have taken the air out of Bruce Fisher/Fischer’s own very nasty campaign.

In addition, the pro-Knox books written by would-be opinion benders Nina Burleigh and Candace Dempsey would have been very different or impossible to develop as they are.

It goes on and on. The list of pro-Knox PR assets who have used “Frank” in their own particular contributions to Amanda’s cause is extensive.  Will any of them be in Seattle Municpal Court [image below] with the Perugian Blogger this Monday at 10:00 am?





A pro-Knox commenter who goes by the penname of “KayPea” is trying to rally the pro-Knox troops who are now starting to back off in a very natural manner from “Frank” and the string of domestic violence incidents that “Frank” seems to have been involved in. On the “IIP” blog, she exhorts them to remain in the fold. If we believe her, she is speaking for herself - and remarkably, also the Knox and Mellas families:

“several of you good people [she’s referring to pro-Knox readers] seem to be trying to make up your mind about Frank’s credibility as the author of Perugia Shock as it is juxtaposed on his personal life and this crazy mess with Bettina, Peter and the nutters at the boarding house [ed note: these are respectively the pro-Knox Hawaiian, Canadian, and Seattlietes who are now non-grata … it seems that if you want to make sure that you are allowed to be a groupie, don’t let yourself to get into a situation where “Frank” the Perugian Blogger can abuse you].

Please know that the people who know him the best, Amanda’s family and friends, have been at his side throughout the past few months. COME. WHAT. MAY. They, and I, accept all of Frank’s personality quirks ...” (IIP, 27/12/2012)

However, the owner of the blog, Bruce Fisher/Fischer, seems to be trying frantically to isolate the impact of “Frank’s” “personality quirks” on the IIP emporium. Fischer has stated thus:

“lets lay this out in simple terms. Amanda and Raffaele are free. Nothing that happens in Frank’s life at this point has anything at all to do with anything that took place in the past with regard to the case. Nothing happening in Frank’s life has anything at all to do with Meredith Kercher.”

(Bruce Fisher/Fischer – IIP blog – 27/12/2012)

It’s as if Fischer in his surreal bubble is claiming that “Frank” never really ever existed. Never fought tooth-and-nail for years to deny Meredith and her family their justice.

If I were “Frank”, I would be thinking that maybe not very many of my once long list of FOA friends will be showing support during the New Year’s Eve court appearance.

Will they be joining him for drinks later after the court hearing is done? Or maybe further contact would put them at risk of being pushed into being the next “Bettina” or “Peter” in Canada, more victims of domestic violence.

Does anyone reading believe any longer the wild, uninvestigated claim of Douglas Preston’s friends at the CPJ? That the Italian Prosecutor Giuliano Mignini was behind the complaint placed by female members of “Frank’s” family in Italy? Which eventually led to his arrest there after attacking police officers?

Or is that simply another falsehood from the pro-Knox PR myth factory?

Domestic violence is a terrible, terrible issue in our society. We should never try to explain it away, or blame the victim or any third parties who had nothing to do with the violence.  To do so only degrades the victim, and distances yet further the perpetrator from correcting his criminal behavior.

Let’s hope that if someone shows up at the Perugian Blogger’s court hearing this Monday December 31, even if all of his erstwhile FOA friends have disappeared, that victims of domestic violence are there with true supporters, demonstrating that they have no fear of decrying this degrading, despicable criminal behavior.





Final question. Will the Knox-Mellas families really continue to support Frank? Will they let him stay at their homes? Would Amanda let him sleep at her apartment or even visit without her boyfriend or anyone else present?

In fact will any of the Knox-Mellas clan members be at “Frank’s” court hearing at the Seattle Municipal Court at 10:00 am this Monday December 31?  In particular, will Amanda be there? Or does Frank, as is rumored, have her freaked?








Friday, December 28, 2012

Meredith’s 27th Birthday: Dramatic Ballet Dancing That As A Dancer Herself She Might Have Liked

Posted by The TJMK Main Posters



A dance of driving passion and frustration. From John Neumeier’s Lady Of The Camelias. The music is by Frederic Chopin.

The dancers are Sue Jin Kang and Marijn Rademaker of the Stuttgart Ballet, the originating company. It was first performed in 1978, and is regularly offered now by the American Ballet Theater in New York.

The lady in fact is dying (of TB) but her suitor does not know that - she cannot bear to tell him and break his heart - and though he sees that she adores him, he cannot figure out why she won’t say yes.

There’d have been few dancers half a century ago who could hit this extreme physical and artistic peak. One of the most demanding pas de deux ever created, and demanding was what Meredith always liked.

And as you will increasingly see, it sure takes one bold girl…

Posted on 12/28/12 at 05:40 AM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
Archived in Concerning MeredithHer memory
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (3)

Sunday, December 23, 2012

Meredith’s Perugia #32: The Historical And Cultural Center Of Perugia

Posted by The TJMK Main Posters



Everybody here knows that the center of Perugia is a walled plateau. If you’ve not yet been there, though, it might surprise you how high up it is.

Its great height really explains its existence. Above the mosquitoes and marauding bands. Its great height does not always come out in these videos. At a guess it is 1500 feet up. To get up there involves long fun zig-zaggy climbs up from the railway station area to the west or from the football stadium area to the south.

Hardly anyone arrives from the east or the north. To the east behind the court there is a long rather steep drop down and few roads could be built at the lowest levels. Perugia ends rather abruptly down there.

To the north below the sweeping view from Meredith’s window the two winding roads to the bottom of the deep valley through groves of olive trees and fig trees drop down for a very long time. It is difficult to build on those slopes. Perugia also ends rather abruptly down there.

Perugia is right at the center of the Apennnine mountains, which are slowly sinking and dividing out.  Perugia is strangely protected though. This makes it one of the most original old cities in Italy, one of the few where the tolls from natural forces have always been low and the ancient artistry remains.

Meredith knew all of this long before she got there. It was a place she was bound to love, and would have remained attached to for life.

Posted on 12/23/12 at 04:56 PM by The TJMK Main Posters. Click screenname for a list of all main posts, at top left.
Archived in Concerning MeredithHer Perugia
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (5)

Thursday, December 20, 2012

Have The Raffaele Sollecito Defense Team Of Bongiorno And Maori Now Gone AWOL?

Posted by Peter Quennell





No word from the Sollecito or Knox defense teams since Sollecito’s book kneecapped them, along with Amanda Knox and Sollecito’s own dad.

The lawyers are nicely credited (see below) in the book as eager helpers. They must just love that. Whoever feels that Sollecito defamed them may be able to require that those credited by Gumbel & Sollecito be cross-examined.

We do look forward to the possibility of seeing Giulia Bongiorno and Luca Maori (images above) sweat it out. Along of course with the “boundlessly generous” Steve and Michele Moore, and all those super-diligent publishers.

And of course Sollecito’s own father and sister, who were dedicated to “getting every detail just right”.

Of course the Sollecito book then turned around and whacked them. Maybe that is why Sollecito’s dad already admitted on national TV that his son’s claim that a prosecutor broke the law was simply made up. Not easy, being Pappa Sollecito.

Acknowledgments from page 266 of Sollecito’s book:

Andrew Gumbel would like to thank Dana Newman, who made a crucial introduction at the start of this project, the indefatigable Sharlene Martin, the ever gracious Gail Ross, the boundlessly generous Steve and Michelle Moore, my favorite pugliese Anna D’Elia, Peter Popham, Robert Adams, and of course the rocking, super-talented team at Simon & Schuster/Gallery who were never less than a pleasure and kept me sane against a tight deadline. Thank you, Jen Bergstrom, for believing in this book from the get-go, thank you Lisa Rivlin and Alex Lewis, and thank you, Trish Boczkowski, for your brilliant editing and infectiously good company. That’s amore!

This was a group effort all around. The Sollecito family, not just Raffaele, opened up their lives and their souls with remarkable candor. Thank you, in particular, to Francesco and Vanessa for days of fascinating conversation, for your dedication to getting every detail just right, for compiling exhaustive time lines, and making sure that material reached me promptly. Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.

Posted on 12/20/12 at 09:27 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in Those officially involvedThe defensesRaff SollecitoSollecito teamSollecito book hoaxes
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (6)

Wednesday, December 19, 2012

False Allegations Against Italian Officialdom Sparking Increasingly Tough Legal Reaction

Posted by The TJMK Main Posters





David Marriott? Chirs Mellas? Doug Preston? Curt Knox?

Maybe none of the above. But whoever came up with the hairbrained idea that a pedal-to-the-floor assault on the officlals handling the case would lead to a tranquil outcome for the accused was maybe not thinking very well on that day.

The Italian System

We have gone over the impressive characteristics of the Italian justice system again and again. It is THE most popular and trusted institution in Italy - and by a wide margin.

It is a very fair, carefiul and painstaking system, staffed by well-trained professionals all the way up from cops through investigators through prosecutors through judges through the Supreme Court to the President of the Italian Republic himself.

The Italian system may be the least likely justice system IN THE WORLD for rogue police or rogue prosecutors or rogue judges to hijack it and bend things their way. Even ex-PM Berlusconi tried but his charges still plague him.

Prosecutors again and again see their cases tested in front of administrative magistrates, and those magistrates make all of the decisions. Everything is very public, and judges explain how they decided (ask a typical US or UK jury to do that!) and how they arrived at their theory of the crime.

In the Perugia case the judge for Guede developed one theory of the crime, the judges for Knox and Sollecito at trial a second, and the the judges for knox and Sollecito at first appeal a third. In fact none of them swallowed the tentative prosecution theory wholesale, though many of our lawyers found it quite sound.

Those Who Attack

Now we have three Italians either already facing charges or soon to face charges - Mario Spezi, Frank Sforza and Raffaele Sollecito, each in several suits. These are in addition to the three Americans who have already been charged - Amanda Knox, Edda Mellas, and Curt Knox.

So the present total is six.

Mario Spezi

Spezi is the Italian sleuthing partner of the American fictionalist Doug Preston who for his uninvited interference in what was an ongoing police investigation of the Monster of Florence case has faced legal woe after legal woe in recent years.

Spezi has already lost one defamation suit to the former MOF investigator and prominent novelist Michele Giuttari, he must in February face another, and he may have to face up to another half dozen more after that. We don’t expect Spezi’s losing streak to end any time soon.

Frank Sforza

Sforza hides behind the name Frank Sfarzo as an intemperate and rarely accurate blogger on the case. He brings no known professionals skills to the task. He is reported to be the target of criminal charges relating to alleged abuse of the sister and mother with whom he lives. His unsavory reputation and desperate finances mushroomed openly the other day, when he was reported in personal confrontations while visiting Canada and Hawaii.

Sforza now faces a defamation suit as well, for claiming to the whole world via Doug Preston and Joel Simon of the Committee to Protect Journalists in New York that he was being persecuted by a prosecutor back in Perugia. The prosecutor was not even involved. Seems to us an open and shut case.

Raffaele Sollecito

Sollecito still stands accused in Meredith’s death unless and until the Supreme Couirt signs off. It may not do that any time soon.

Flowing from his new book, Sollecito will apparently face a ton of defamation woes in the next few weeks. These may come to ensnare his defense team (who are credited with helping put together the book) and his shadow writer, his Seattle supporters, and his publishers Simon & Schuster of New York.

Our emerging book corrections page shows how riddled with wrong claims we find Sollecito’s book. We estimate up to 300 wrong claims.  If and when Sollecito sees all the defamation charges filed, we will know from court filings who among Italian officialdom claims passages in the book defame them.

What Next?

Maybe the cases against these six could eventually all dry up and then there will be no more. But we sure wouldn’t lay any bets. Do an Internet search and you’ll instantly turn up plenty more defamatory idiocy. Many media sites may be very vulnerable and may be sued to retract and pay up.

Italian anger is riding high - and it sure ain’t against the prosecutors or cops.


Friday, December 14, 2012

The Considerable Number Of Suspected Perps That Countries Extradite Daily To Other Countries

Posted by Peter Quennell



[Umarked Federal flying paddy-wagon, seen here leaving Seattle, transports 300,000 prisoners annually ]


Extradition is not without its controversies and not all extradition requests see a suspect sitting on a plane handcuffed to a federal marshal.

However, most do, and the US at federal and state level is at any one time processing hundreds of requests and transporting suspected perps hither and thither - the majority, of course, internally between U.S. states, but a large minority are incoming and outgoing. 

Complete refusals of extradition seem very rare, as that can cause rebound and ripple effects down the ages.

The US is sort of refusing to send some pilots and CIA operatives back to Italy for trial, but those cases are both in the realm of the quasi military. In the case of the Italian soldiers being held in India for the shooting from a oil tanker of Cochin fishermen they suspected were pirates, even Italy says rules for military must be different.

The US and Italy co-operate on law enforcement more than most countries and the FBI and its Italian equivalent have officers from the other service permanently embedded. We posted on this case of Italy sending an American renegade doctor back to Indiana to face charges.

In general extraditions in both directions between the U.S. and Italy seem to go smoothly and if the State Department ever gets involved (it states that this is Justice Department business) we don’t see any evidence of it in recent reports.

These cases - some of them involving countries sending their own nationals to other countries to face the music - are all live cases on the first 10 of 30 pages when “extradition” is searched on Google News.

  • The United States extradites US national David Kramer to Melbourne in Australia. He “has been charged with 10 counts of indecent assault allegedly committed in St Kilda East when he was a teacher at a Jewish orthodox school.”
  • Canada rules to send Canadian national Rapinder (Rob) Sidhu a former Royal Canadian Mounted Police officer to the US. “The U.S. indictment… alleges Sidhu… worked with convicted British Columbia smugglers Rob Shannon and Devron Quast to operate a cocaine transportation organization based in British Columbia.”
  • The UK sends back Joshua Edwards, a murder suspect, to the US after he fought extradition for five years. He is accused in a 2006 shooting death in Maryland.
  • The UK sends back Prine “Prince” Jones to Newark New Jersey. “The 46-year-old Birmingham, England, resident is charged in a superseding indictment with conspiracy to import and export cocaine.”
  • Mexico sends back two brothers to New York City “to join a third brother to face sex trafficking charges in New York as part of a complex collaborative effort to combat human trafficking”.
  • The UK sends back TV star Robert Hughes to Sydney, Australia. ““He is wanted in connection with allegations of gross indecency, indecent assault and sexual assault towards children in NSW, Australia, between August 1984 and August 1990.”
  • Guatamala sends Horst Walther Overdick to New York. “Overdick, known as “The Tiger,” was detained in April during an operation to arrest [very dangerous] Zetas [cartel] operatives in the Central American country.”
  • Finland sends Igor Vassiliev to the US.  “Igor Vassiliev, 38, a Russian citizen, was arrested in July in Finland, based on an Interpol Red Notice. He is only the third person ever extradited from Finland to the U.S….[in 2005] a federal grand jury handed up indictments charging him with health care fraud and conspiracy to commit health care fraud and mail fraud.”
  • The United Arab Emirates sends Kamchybek Kolbaye back to Kyrgyzstan after a two-year legal process. “Kolbayev faces charges of kidnapping, robbery, organization of a criminal group, illegal drug trafficking, and illegal weapons possession,”
  • Israel will send Israeli national Aleksandar Cvetkovic to Bosnia. He was arrested in 2011 “on an international warrant after witnesses testified that he had assisted in the shooting of some 8,000 Muslim men and boys in Europe’s worst atrocity since World War II.”
  • Ireland extradites Philip Baron to Liverpool in England. “Alleged crime gang boss Philip Baron faces four charges relating to money laundering and conspiracy to import a huge shipment of cocaine and cannabis to the UK from South Africa and Costa Rica between 2005 and 2009.”
  • The US may extradite David Headley to India. “CNN-IBN reported US Under Secretary Wendy Sherman as saying, “The US acknowledges Hafiz Saeed is mastermind of 26/11 [Mumbai bomb] attacks. President Barack Obama is determined the US will bring Hafiz Saeed to justice.”
  • The UK will extradite British national Lee Aldhouse to Thailand. “Mr Aldhouse successfully fled Thailand after allegedly stabbing American Deshawn Longfellow to death in August 2010. He was later arrested at Heathrow Airport on an unrelated charge when he tried to re-enter the UK.”
  • Mauritius has sent Captain Kung back to Taiwan. “Kung was suspected of shooting and killing 12 Chinese sailors [in 1999] on his… fishing vessel during a failed mutiny attempt on Feb. 1999. The vessel at the time was sailing on waters northwest of Mauritius…. Kung was later arrested by Mauritius authorities and sentenced to 20 years in prison.”
  • Italy will deport Muiz Trabulsi to Tunisia under an agreements signed by Italy Justice Minister Paola Severino. Muiz Trabulsi is “the nephew of Layla Al-Trablisi, Tunisia’s ex-first lady, to stand trial in Tunisia…. [a part of Tunisia’s eforts] efforts to bring back money stolen by members of the former regime”.
  • Bulgaria extradited Stefan Klenovski to Italy, who “had a Europol Arrest Warrant (EAW) issued against him by Italian authorities on suspicions of participating in the crime ring practicing ATM fraud [and], was arrested on January 27 in a shopping mall in downtown Sofia.”

Two more cases are now prominently in the news: Wikileaks founder Julian Assad, holed up in the Ecuador Embassy in London, who the Brits want to extradite to Sweden, and John McAfee, the formoer software magnate now back in the US, who Belize may charge with murdering his neighbor.

Almost invariably while awaiting a final decision those subject to an extradition request have to sit out their appeals in prison. If Amanda Knox is reconvicted in a new appeal trial ordered by the Supreme Court, she could face years sitting in an uncomfortable American prison if her extradition is disputed.

Or, of course, she could willingly move straight to an Italian prison, which as she knows offer in-cell TV, private bathrooms, good career skill-building, and concerts.


[Below: Paola Severino, Italy’s relentless no—nonsense justice minister]


Wednesday, December 12, 2012

Simon & Schuster Seem To Be Seriously Rattled Over Lack Of Due Diligence On Sollecito’s Book

Posted by Peter Quennell





See this emailed exchange which took place late today.

What Simon & Schuster’s agent is complaining about was a chronological reordering (behind the scenes and not linked to from the front page) of these many corrections here. Our Kindle and hardcover copies were legally purchased. Simon & Schuster put about 1/4 of the book on the front of their own website, and Google Books also carries about 1/4 of the book to read free.

Admittedly, our corrections may have been quite a shock. However, we didnt cause the book sales to tank. All of our past posts on Raffaele Sollecito’s book can be seen here.


*******


Mr Eraj Siddiqui
119 South B Street Suite A,
San Mateo, CA 94401

Dear Mr Siddiqui

Thank you for your “Verified DMCA Removal Request from Attributor” copied below.

The book you refer to appears to contain up to 30 instances of criminal defamation under Italian law and literally hundreds of wrong and injurious statements that are hurtful to many fine officials in Italy.

We have full legal rights to point out the myriad mistakes in the book. In fact a defamation of a prosecutor in the book has ALREADY been admitted on Italian national TV by the writer’s own father in Rome.

That Simon & Schuster apparently failed to do their legal and factual due diligence on the book prior to publishing seems to us to be absolutely nobody’s fault but their own. They are hardly new at this game.

Nice try, but sorry, no cigar.

Peter Quennell


*******


Dear Sir/Madam,

I certify under penalty of perjury, that I am an agent authorized to act on behalf of the Rights Holder identified below, the owner of certain intellectual property rights in the Work(s) identified below.

I have a good faith belief that the information contained in this notice is accurate, and that the page or material listed below is not authorized by the Rights Owner, its agents, or the law for use by the individual(s) associated with the identified page listed below or their agents.

To the extent that the Digital Millennium Copyright Act, the European Union’s Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions apply to your service, if at all, I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE(S) OR MATERIAL(S) at the Infringing URL(s) identified below.

Note that in some cases the pages/material may have been removed after the sending of this notice but prior to your review.

My contact information is as follows:

Organization name: Attributor Corporation as agent for Simon & Schuster Inc.
Email: .(JavaScript must be enabled to view this email address)
Phone: 650.306.9474
Mailing address:
119 South B Street
Suite A,
San Mateo, CA 94401

Nothing contained in this letter or in any attachments constitutes a waiver or relinquishment of any right or remedy possessed by the Rights Holder, or any affiliated party, all of which are expressly reserved.

My electronic signature follows:
Sincerely,
/Eraj Siddiqui/
Eraj Siddiqui
Attributor, Inc.

*** INFRINGING PAGE OR MATERIAL ***

Infringing page/material that I demand be disabled or removed in consideration of the above:

Rights Holder: Simon & Schuster

Original Work: Honor Bound
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P0/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P5/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P10/


Monday, December 10, 2012

Italian News Through February Will Be Dominated By A Surprise Election

Posted by Peter Quennell



[Above: Pier Luigi Bersani, the probable next prime minister of Italy]


Prime Minister Monti is leaving, with most of his reforms pushed through, after Ex-PM Berlusconi’s party withdrew support.

Berlusconi announced he would again seek to be Prime Minister but his flouting of law, slimy ethics and previous wrecking of the economy don’t exactly make him the front-runner.

The front-runner in fact is Pier Luigi Bersani, the leader of the center-left Democratic Party, who has said he will sustain the reforms his party helped Mr Monti put in place.

Italy doesn’t usually have primary elections but the other day it did and Mr Bersani really trounced a leadership bid by the young mayor of Florence, Matteo Renzi (image below).

Mr. Bersani, 61, who has been the secretary of the Democratic Party since 2009, ran as the favorite, with nearly the full support of the party apparatus and its elected officials. He easily defeated Mr. Renzi, winning nearly 61 percent of the vote.

But Mr. Renzi’s message of change rang forcefully with a sizeable chunk of the center-left electorate, with over one million supporting him. He also attracted a considerable number of mostly young center-right voters whose frustrations with Italy’s influential and pervasive gerontocracy obliterated party lines.

It is a message that Mr. Bersani may have heeded. Speaking to supporters on Sunday night, he said his greatest challenges were to change the center-left and to “prepare paths and spaces to give opportunities to new generations.”

Austerity as a precursor to strong growth had already been taking a lot of knocks as the evidence that it is a cure-all is pretty slim and it creates terrible unemployment. Center-left governments (as in the US) are doing well these days.

The IMF was once the grand inquisitor of the austerity movement but is increasingly inclining toward the Asian mixed model, in part because it is there the IMFs cash and leadership increasingly come from.

This might be quite a help to Mr. Bersani as he confronts harder-line EU leadership and bond markets.


[Below: Matteo Renzi who lost primary but may affect Italy’s direction anyway]

Posted on 12/10/12 at 05:56 PM by Peter Quennell. Click screenname for a list of all main posts, at top left.
Archived in The wider contextsItalian context
Permalink for this postTell-a-FriendCase WikiPMF Org ForumPMF Net ForumComments here (8)

Page 20 of 65 pages « First  <  18 19 20 21 22 >  Last »