Category: 9 Mignini v Knox hoax

The Amanda Knox Book: Could Her Book Legally Entangle These Four?

Posted by Our Main Posters



[Image above: Curt Knox, Ted Simon, Robert Barnett, and David Marriott]


It seems probably that in every legal system on Earth, enabling or encouraging or inciting a crime may itself be a crime.

Could Amanda Knox’s forthcoming book be considered a crime, or more precisely a series of crimes? We wait to see what it says, but for starters its mere existence flouts Italian law. From our 22 April post:

Italy’s justice system so favors DEFENDANTS that it is perhaps the most pro-defendant system in the world. In fact many Italians feel its leniency has gone way too far. That is why there are these automatic appeals and why Knox could talk freely in court and have no cross-examination of her claims.

At the same time, officers of the Italian justice system are sheltered by huge powers hardly even needing to be invoked. The reason the law is so strong in this dimension is in part because a favored mafia tactic is to do what Sollecito and Preston and Burleigh have done in their books: slime the officers of the court.

Get that? Knox can talk her head off in court (as she did for two full days and many “spontaneous” interventions at the trial and annulled appeal) but because of a torrid history of false allegations against Italian courts, especially by the mafia and accused politicians, Italian law forbids her to do so outside in ways that misrepresent the evidence and impugn any officers of the legal system, prosecutors and prison staff counted in.

Sollecito’s book published six months ago made four kinds of mistake: (1) publishing for blood money while still accused; (2) including many false claims which contradict his own case at trial and will almost certainly contradict claims Knox makes; (3) defaming numerous officers of the court in freely accusing them of crimes - falsely, as his own dad admits; and (4) maligning the entire Italian justice system, the most popular and trusted institution in Italy with heavy protections at its disposal when it wants.

The criminal investigation into Sollecito’s book is under the wing of the same chief prosecutor in Florence who will oversee the re-run of the murder appeal. His investigation target is expected to be broad, and will certainly include the shadow writer and publisher and Sollecito’s own legal help. At the max, because Sollecito has impugned anti-mafia prosecutors and judges, he might face close to ten years.

PLUS the mitigating circumstances Massei allowed which brought his sentence down by five years will likely be disallowed by the Florence appeal court, adding five more years if the new appeal concludes guilt.

It seems an open secret in Perugia that Knox’s lawyers there have long shrugged off the US campaign and acted locally as if it really isnt there. They may or may not have attempted to forestall the book, though by now they certainly know it will make things far worse for Knox.

Sollecito’s lawyers have even more reason to know this as they are already under the gun, and they are probably sitting back and watching the trainwreck with ever-growing glee. 

Going forward, the prosecution is in a very sound and dominating position.

The evidence is very, very strong.  The Massei Trial Report is still unscathed. The Galati Appeal and the late-March Supreme Court decision absolutely destroyed the Hellmann appeal, and heavily implied that it had been bent. And the prosecutor who has been so unfairly maligned in the US has zero legal problems of his own, after Cassation nailed a rogue prosecutor for pursuing him and put his Narducci investigation back on track, and he was promoted and is set to be the Region of Umbria’s number one prosecutor very soon.

In contrast even without the albatross of the book Knox’s position was very weak.

She has already served three years for criminally lying to protect herself, and that sentence is subject to no further appeal. (Talk of taking it to the European Court is a joke.) Nobody in Italy will trust her word after that. As the post below this one shows, dozens of witnesses will speak up against any false claims. Who will testify on her behalf?

Also Knox seems intent on skipping the appeal, which is itself a contempt of court. And Sollecito, who has said he will be present, showed strong tendencies in his book to sell her short. If her book and her ABC interview are not roundly chastized on Italian TV as Sollecito’s was late last year, it will be a surprise. And complaints are already on their way to Florence - a prison guard she impugns in the book who earlier she herself had said meant no harm is moving forward. 

Curt Knox, Ted Simon, Robert Barnett, and David Marriott may end up in the crosshairs of the anticipated investigation for enabling or encouraging or inciting the book. And if Knox is handed extra years because of their zero due diligence, she may have a malpractice case against Simon and Barnett.

We hope their fingers are crossed.


Knox Book: Lawyers Puzzled At Why Knox Is Risking Extra Prison Time

Posted by Peter Quennell





Knox doesnt need our legal advice. She has some pretty good lawyers of her own.

So what are they telling her now? The huge risks her book and interview run are all spelled out in the Italian legal code. Accused perps dont ever, ever take their case to the court of public opinion in Italy (try finding another example) because that is a very serious contempt of the court.

Italy’s justice system so favors DEFENDANTS that it is perhaps the most pro-defendant system in the world. In fact many Italians feel its leniency has gone way too far. That is why there are these automatic appeals and why Knox could talk freely in court and have no cross-examination of her claims.

At the same time, officers of the Italian justice system are sheltered by huge powers hardly even needing to be invoked. The reason the law is so strong in this dimension is in part because a favored mafia tactic is to do what Sollecito and Preston and Burleigh have done in their books: slime the officers of the court.

Those powers finally now HAVE been invoked, because of the extraordinary assault on the Italian system and judges and prosecutors and police (rejected even by his dad) by Sollecito in his book.

They are perhaps the strongest and most extensive attacks on the court system Italy has even seen.

This is under confidential investigation in Florence and charges expected this summer could cost Sollecito a sentence of five years or more. His book also just about kills his chances at the new appeal, because it makes several hundred wrong claims which to the prosecution will be like shooting fish in a barrel.

The defense lawyers surely know all of this. Unless they feel their chances at appeal are so bad (which could be the case) that they require desperate long-shot measures, they will surely tell Knox the same thing. 

Publishers’ necks and ghost-writers’ necks and ABC’s necks are on the line too. HarperCollins UK seem to have been very smart in yanking the book. Their lawyers must have figured all this out.


Questions For Knox: Diane Sawyer, How To Push Back Against Book’s False Claims And Emotion

Posted by Media Watcher





Dear Diane Sawyer:

Much of Italy and the UK and US will be curious to see how this interview works out on the ABC network on 30 April.

The extreme overkill of spin and false claims have not worked well for Knox lately. Now twin developments (the blunt and categoric ruling of the Supreme Court two weeks ago, and the ominous legal moves against Sollecito for his own rash public statements) have left Amanda Knox perched on a thin icy ledge.

We have dozens of lawyers and even judges read here. We do not know even one astute lawyer who really understands the case and the Italian system who, in light of those twin developments, considers this interview or Knox’s book as any longer a good idea.

The yanking of the book in Britain shows a creeping realization of this among those with their own necks on the line here.

The twin developments have changed this from the launch of a “promotional” book tour to a very serious inquiry into an ongoing murder trial, with very serious implications for U.S./Italian diplomatic relations.

We’re appreciative that you are the journalist who will be doing the first in-depth interview here. You have a solid reputation for balance and objectivity, and we’re looking forward to seeing your broadcast. 

From Seattle, it often seems as though Americans simply cannot comprehend that a young co-ed could be caught up in a case so violent.  Because the court proceedings were conducted in Italian, most Americans heard the story of what happened through a media filter, which in turn got much of its information from people who had a bias in support of Amanda Knox and Raffaele Sollecito.

Repeatedly, we have heard reporters parrot the defense attorney’s claim that there is no evidence.”  However, the evidence presented was strong enough to convince Harvard Law School’s Alan Dershowitz that the conviction will likely be affirmed on appeal. 

Other legal experts who have said the evidence supports a guilty verdict include New England Law Professor Wendy Murphy, who was herself a former prosecutor, and Nancy Grace, a former prosecutor who now hosts a show on trials and legal issues for CNN.

Contributors to this site, who all work pro bono, have also concluded the evidence supports a guilty verdict. We have studied the evidence presented at trial (in many cases ourselves translating key court documents) and have monitored with growing alarm the huge disconnect here in the U.S. between what happened in court and what has been reported.

What motivates us now is seeing that the reporting of the trial here in the United States is objective and corresponds with the reality of what is happening in Italy and what Italians are seeing and reading. 

Ultimately, if the conviction of Amanda Knox and Raffaele Sollecito is upheld by the Appeals Court and then Italy’s Supreme Court, we expect that the United States will honor the extradition treaty that’s been in place for decades, because it shouldn’t matter whether a perpetrator is perceived as attractive or sympathetic. While everyone is entitled to a fair hearing and a fair judicial process, we also believe the victim’s family is entitled to justice.

Having said all of that, we’re looking forward to seeing your report and here are some of the themes we hope you’ll explore in the report that surrounds the interview:

    1) We believe it’s important to confront the “no evidence” claim head on by citing the actual evidence that is summarized in the Massei Report.  We believe it’s compelling and we hope you can lay it out”“ including the DNA, cell phone, witness statements, bloody footprint, the evidence of a coverup/cleanup, and the conflicting and shifting statements made by the defendants; all so that viewers can understand the full scope of what that jury heard and evaluated in making the original decision to convict.

    2) Many Americans seem to not understand the automatic three-stage trial process that is typical of the Italian judicial system - actually put in place to benefit defendants.  We hope you can provide an overview of Italy’s judicial process, and help viewers to understand the very limited scope of the contested evidence that was subject to review by the Appeals Court.  We also hope you’ll remind viewers of all of the evidence that was not subject to review during the appeal—again, the cell phone evidence, the conflicting statements from the defendants, the evidence that showed Amanda and Meredith’s DNA mixed together in the bathroom and hallway and Filomena’s room, the bloody (Sollecito) footprint, the evidence of a staged break-in and cleanup, and the witness statements about Amanda and Raffaele’s conduct at the time the murder was discovered and over the following days.

    3) Defenders of Amanda and Raffaele often claim that Rudy Guede acted alone.  Many viewers seem not to understand that the Supreme Court had earlier ruled that Rudy Guede was one of multiple attackers.  We believe it would be useful if you could review this for your viewers and cite some of the evidence that convinced the Supreme Court that Guede could not have acted alone.  Perhaps reminding viewers that Rudy Guede’s footprints lead directly from the murder scene to the outside door would be helpful, given that there was clearly mixed DNA evidence in the bathroom and a bloody footprint in the hallway, which had been cleaned up and later revealed through the use of Luminol (a chemical agent used by forensics specialists to detect trace amounts of blood left at crime scenes).

    4) We hope you’ll help viewers to understand a key point made in a recent NYTimes op-ed about the mathematical value of doing a second DNA test on the knife that was found in Sollecito’s apartment.  As you know, the Appeals Court Judge refused to allow a second test on the knife, even though a confirmation of the original result or a different result would likely have provided additional clarity.

    5) We hope you’ll address the issue of contamination ““ especially as the key issue on the bra clasp is not whether Sollecito’s DNA was on it, but whether Sollecito’s DNA could have gotten on the clasp through contamination.  Given that there was only one other piece of Sollecito’s DNA found in the apartment, and given that at the time it was analyzed, it had been more than a week since any evidence from the crime scene was reviewed in the lab, it might be useful to have someone address the chances of there having been contamination resulting in Sollecito’s DNA ending up on the clasp.

With respect to the interview itself, here are some of the questions many would like to see Amanda answer:

    ”¢ Why did you call your mother in the middle of the night Seattle time prior to the murder having been discovered?  What was it you wanted to tell her?

    “¢ You tried calling Meredith the day after the murder took place and yet phone records show that two of the calls you made to her cell numbers lasted only three and four seconds and you left no messages.  How diligent were you in trying to reach her?

    “¢ Why do you think you falsely accused your boss Patrick Lumumba? 

    “¢ Why didn’t you withdraw your accusation against Patrick Lumumba in the light of day, once you’d had time to rest and reflect? 

    “¢ You have said - though never under oath - that you were treated terribly ““ can you summarize for us what happened the night you voluntarily gave your written statement and very specifically, any circumstances in which you were treated poorly?

    “¢ Were you given food and drink on the night you were questioned?

    “¢ Were you bleeding on the night or morning of the murder in any way that could have left DNA in the bathroom or in Filomena’s room?  If so, why were you bleeding?

    “¢ You’ve said that went back to your apartment to take a shower and to retrieve a mop to clean up some water at Raffaele’s apartment from the night before.  Why didn’t you simply use towels at Raffaele’s apartment to clean up the water - why wait until the next day?

    “¢ Reports indicate that Rudy Guede was a frequent visitor to the flat below yours.  How well did you know Rudy Guede prior to the night of the murder? 

    “¢ Do you stand by the statement you made on the day the murder was discovered that Meredith always locked her door? 

    “¢ You emailed to friends and family that you were panicked about what might have happened to Meredith given the locked door.  Did the two of you try to break the door down?  If not, why not?  And if Meredith always locked her door, why did the fact that it was locked worry you?

    “¢ Have you read the Massei report? 

    “¢ Raffaele Sollecito said during his book tour that no one asked him to testify during the original trial.  Do you believe this is true? 

    “¢ If your conviction is affirmed by the Supreme Court, do you think you should be extradited to Italy.  If not, why not?

Thank you for reading this letter, Diane.  Because of the PR fog around the case, we believe far more attention needs to be paid to the actual evidence that was presented at trial. 

We are confident that you’ll bring all of your considerable skill and experience to bear on this interview in ways that will leave viewers much better informed.