Category: Defendants in court
How Saul Kassin Hoaxed The American Psychology Law Society
Posted by Ergon
Knox and Kassin at the American Psychology Law Society Conference 2017
1. Post Overview
Serial misrepresenter of the Knox “interrogation” Saul Kassin has made yet another false claim, once again to a large audience.
This time it was to the American Psychology Law Society Conference in Seattle, Washington, March 16th-18th, and it suggests he simply cannot count.
2. Kassin Already Shown A Fraud
SIX prior posts correct numerous Kassin “mistakes”.
2. Saul Kassin: An Example Of How The Knox Campaign Is Misleading American Experts And Audiences
3. Correcting Saul Kassin’s Massively Inaccurate Description Of Amanda Knox’s So-Called Confession
5. On Saul Kassin: Our Letter To Dr Douglas Starr Who Wrote An Effusive Profile In The “New Yorker”
6. How Saul Kassin Framed Many Fine Italian Justice Officials - And Then Played Victim When Corrected
3. Interrogation Already Shown A Hoax
EIGHTEEN prior posts on the Knox interrogation hoax describe what actually took place.
It is very important to understand that as the defenses conceded in court under the strict Italian legal definition of “interrogation” Knox was really only ever interrogated twice.
Both times this was by Dr Mignini (Dec 2007 and June 2009) and both times it was at Knox’s own request.
All of her other discussions with investigators early in November 2007 were merely “verbale di sommarie informazioni” or written-up discussion with a person with possible useful information. Notes exist in the record of all these discussions - none remotely coercive - and they were summarised by prosecution witnesses at trial.
See my quote below of the defense lawyers in Italian, where they use the correct Italian legal term. These written-up discussions with Knox carry precisely the same status as the “verbale di sommarie informazioni” with Sophie Purton and numerous others in the records of the case.
Accordingly I use “interrogation” a couple of times in quotes below in rebutting Kassin’s wrong claims.
4. The 45-50-55 Hours Hoax
Quoting Amanda Knox and Saul Kassin at the American Psychology Law Society Conference in Seattle in March 2017:
Kassin: “Knox was questioned for over 50 hours but none was recorded”.
Kassin: “I’ve never seen a case more steeped in misinformation than Amanda Knox’s”.
So, where did the magical 50 hourrs interrogation in 5 days that ‘inevitably lead to false confessions’ first appear?
Professor Kassin will not say, or provide background information to the crowded rooms of trainee law psychologists to which he and Amanda Knox have been repeating this claim.
So, here’s some vital background Kassin seems to have missed which spirals in to the truth.
Steve Moore: “In the five days after the murder of Meredith Kercher, Amanda Knox was interrogated by detectives for 43 hours.
Amanda’s focus was the appeal - and she soon had a world-renown ally.
“This case horrifies me. I’d like to say it shocks me. But I’ve seen others like it,” said psychologist and professor Saul Kassin, an expert on police interrogations.
On his own initiative, Kassin filed a report with the Italian (appeals) court on Amanda’s behalf. It outlines some of the psychological reasons why Amanda could have confessed to a murder she did not commit.
“Amanda Knox, like everybody, has a breaking point. She reached her breaking point,” he explained. “Eight or 10 or 12 police officials in a tag team-manner come in and interrogate her… Their goal is a confession and they’re not leaving that room without it.”
Er no, there’s no record of any report by Kassin in the Hellmann court files, and Amanda Knox never released one either.
But regardless, Judge Hellmann ruled Knox should have known Patrick Lumumba was innocent and upheld her 3 year conviction for criminal defamation (calunnia) anyway.
3. American Psychologist/Innocence Project
From “Why Confessions Trump Innocence” by Saul M. Kassin, John Jay College of Criminal Justice, City University of New York, April 2012
Armed with a prejudgment of Knox’s guilt, several police officials interrogated the girl on and off for four days. Her final interrogation started on November 5 at 10 p.m. and lasted until November 6 at 6 a.m., during which time she was alone, without an attorney, tag-teamed by a dozen police, and did not break for food or sleep.
CNN May 8, 2011
CURT KNOX, FATHER: Between the time that they actually found Meredith and when Amanda was arrested, there was roughly a 90-hour timeframe. And I’m ball parking the numbers there. During that time, Amanda was in the police station for questioning for—I believe it was 52 hours.
Now we’re getting a little closer to the truth. Knox was possibly at the police station for maybe 52 hours. But actually she wasn’t ‘interrogated’ for that long.
Then going back to when those figures first came out:
5. King 5 News
Amanda Knox’s family says confession coerced
By LINDA BYRON / KING 5 News
Posted on November 13, 2009 at 12:16 PM
She was just flat scared to be alone,” Curt said. “So she went down to the police station with him and they were split into two rooms and then they started going at them.
With physical and mental abuse for 14 hours. No food, water, no official interpreter.”
Prosecutors say Amanda’s accounts swung wildly: She wasn’t at the cottage the night of the murder. She was there, but drunk in another room.
But her parents say she was coerced by police.
“(They said) you know, you’re never going to see your family again,” Curt said. “You’re going to jail for 30 years. You need to come up with something for us, you’re a liar. Come up with something for us. Envision something; throw something out there.”
6. Della Vedova/Ghirga appeal to Hellmann
There’s a summary of a defense analysis of the discussions here - note the “verbale di sommarie informazioni” which is NOT the Italian for “interrogation”.
(p.12) Amanda Knox è stata sottoposta ad esame ed attività investigative e tra il 2 e il 6 novembre 2007, fino al momento del fermo, ha fornito sommarie informazioni e risposto a domande della A.G. come segue:
2 novembre 2007, ore 15.30 VENERDI’: totale ore “¦”¦”¦”¦..12,00
Verbale di sommarie informazioni della Knox, senza indicazione della chiusura.
Testimoni fino alle 3.00 am del 3 novembre 20073 novembre 2007, ore 14.45 SABATO totale ore “¦”¦”¦”¦”¦”¦8,00
Verbale di sommarie informazioni della Knox, senza indicazione della chiusura.
Testimoni indicano fino alle 22,00.4 novembre 2007, ore 14.45 DOMENICA: totale ore “¦”¦”¦”¦.12,00
Verbale di sommarie informazioni della Knox, ed accesso alla villetta di Via
della Pergola dalle ore 14.45 alle ore 21. Telefonata di Amanda alla zia dice 5 ore
di interrogatorio in questura5/6 novembre 2007, ore 01.45 LUNEDI’/MARTEDI’: totale ore “¦”¦.5,00
Verbale di sommarie informazioni della Knox inizio alle ore 22.00 del 5
novembre 2009.6 novembre 2007, ore 05.45 MARTEDI’: totale ore “¦”¦”¦”¦”¦”¦.3,45
Verbale di “spontanee dichiarazioni” della Knox con successivo breve
memoriale. Dalle ore 1,45 alle 5,45 e memoriale alle ore 14,00.In 5 giorni la Knox è stata sentita per un totale di circa 53,45 h.
Except, here above I count a total of 40.45 hrs, hmm, not all of which was spent being “interrogated”.
She was in the waiting room with the others, as confirmed by her own phone records, e-mails home, texts, etc. Not to forget headstands, cartwheels, yoga poses and general faffing around with Sollecito.
The defense realized their math was off so they included an additional 13.0 hrs. to the time of her memoriale though they counted their own figures twice, Lol.
Keep in mind her attorneys never argued the time was unreasonable, only that the accusation should not be considered for the calunnia charge.
Their summary was only to show how long she had been ‘present for examination’ in that time she was at the Questura till her arrest. And even then, their figures were wrong..
7. From Rita Ficarra’s Testimony
Knox was let go by the evening of the first day so the 12 hours interrogation figure is incorrect. She also had an official interpreter by 12:30, was fed and allowed to rest in between, wasn’t slapped, and there were only two detectives present.
8. Case follower Soletrader4U analyzed her phone records and case files and came up with a more realistic figure of 17.45 hrs of actual “interrogation”.
5. My Conclusions
It looks like Kassin is still spinning his hoaxes. I invite Professor Kassin to correct his figures and explain how, according to his research, Amanda Knox could have produced a “False Confession” over the span of 17.45 hours of “interrogation” over 5 days?
[Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]
Problems With Fred Davies #2: His Claims On Knives, Wounds And Stains Also Highly Mislead
Posted by James Raper
Several of the numerous scientific witnesses; some evidence was behind closed doors
Overview Of This Post
Remember that Amanda Knox, a felon for life, served three years for framing Patrick for murder.
In my previous post I dismissed the claim which the British barrister FG (Fred) Davies pervasively made in Parts 1 to 20 of his mammoth series in Criminal Law and Justice Weekly that it was actually Guede and his team who had somehow framed Knox and Sollecito for a crime he alone committed and left all of Italian law enforcement bamboozled.
I now have Parts 21 to 26 as well, all of the series, and I wish to examine one more large area of cherrypicked facts and misinterpretations, along with Davies’s final conclusion.
First, Fred Davies’s Final Scenario
As anticipated, Davies concludes that Knox and Sollecito should only have been convicted of the charge of simulating a burglary. He presents his own synopsis of what happened on the night of the murder which has both Knox and Guede present at the cottage for the murder, but not Sollecito.
Davies says it is Guede who sexually assaults and stabs Meredith. Knox, unaware of what was going to happen is horrified and scared out of her wits, retreating to her bedroom and locking herself in.
Davies says Guede flees, ignoring or unable to do anything about the fact there is/was a witness to his horrific crime. When it’s safe to do so Knox emerges and meets up with Sollecito.
Davies says that Knox, fearing that if she went to the police she would only end up being accused of involvement in the murder, persuades Sollecito to be her alibi, and to stage the scene to point to a burglar, and Sollecito, being the Honour Bound sort of chap he is, agrees to go along with this. Once they both embark on this course of action there us no turning back.
I trust that you are all duly intrigued with Davies’s scenario and panting to learn how and why he arrives at it. Unfortunately this will have to wait until another day if it is to be from me.
He has, after all, taken 26 Chapters in half a year to get to this point and I am not yet ready to deal with them comprehensively. Others here may contribute posts and discuss implications with the Criminal Law editor.
Fred Davies On Knife Or Knives
Whilst I guess most comments are going to be about the above synopsis, I am going to deal with his thoughts regarding the knives, these being quite central to his synopsis.
My argument below is supported by numerous previous posters none of whom differed markedly from Massei or Nencini.
Davies in contrast is sharply critical of Massei. He simply excludes the Double DNA knife (Exhibit 36) as the murder weapon.
He is also critical”¦.nay, I would have to say that he is outraged”¦. at Massei holding that Sollecito was responsible for the lesser of the two wounds, that on the right side of Meredith’s neck. He is critical of Micheli for not finding, as a matter of fact, that Guede was the one responsible for the wounds, using his own knife which has yet to be recovered.
Without more ado I will proceed to Mr Davies’ evaluation:
“The finding against Sollecito that it was he who inflicted two of the three wounds to Meredith Kercher using a pocket knife which was in his possession at the material time is deeply flawed, offensive and wrong in law”
Well, I was unaware that Massei had found that Sollecito inflicted two of the three wounds. In fact I am not aware of three wounds (unless he includes what is effectively a nick) , but if there were then Massei only attempted to attribute two, the one to the right of the neck, 4 cms deep and with a width of 1.5 cms, being attributed to Sollecito’s “pocket knife”.
It did not cause any significant structural damage, unlike the wound to the left, 8 cms deep and 8 cms wide which had penetrated both Meredith’s larynx and the cartilage of the epiglottis, and had broken the hyoid bone.
Is the rest “deeply flawed, offensive and wrong in law”?
“It could not have been part of the prosecution case that Sollecito used a pocket knife to subdue and stab Meredith Kercher. If it had why was Sollecito and/or Knox not charged with carrying the said pocket knife without justified reason? To recapitulate,, the charge alleged that the killing was achieved by means of”¦”¦”¦”¦.and deep lesions to the left anterior-lateral and right lateral regions of the neck, caused by a bladed weapon (Exhibit 36).
The Massei Court’s finding strikes against basic principles of fairness which applies to all criminal proceedings. Put another way, a criminal court is not generally entitled to bring in a verdict which differs markedly from the basis on which the prosecution puts it’s case. This is because the defence would not be able to adequately prepare and meet such an unexpected contingency. In plain English the defence would be ambushed or taken by surprise. In this case the defence was ambushed and the defendants’ rights (Knox and Sollecito) were fundamentally infringed.”
Oh come on! Ambushed? Really?
OK, so the charge did indeed indicate that that both the right and left sided wounds were caused by “a bladed weapon to which Chapter B applies” (Exhibit 36) but the reality is that the defence always knew that Exhibit 36 (because of it’s dimensions and in particular it’s width 4cms from the tip) could not have been the cause of the wound to the left anterior lateral. That’s a matter of simple logic and in any event every expert and all the lawyers in the case agreed on that.
So the way the charge was erroneously framed in fact misled no-one.
Indeed had the defence thought so then they could have raised the matter. Mr Davies does not claim that Massei did not have the power to amend the indictment. If the court was unable to, or the defence chose not to raise it, either way thinking it was a clever appeal point, then it did not become one.
Indeed, Mr Davies will know anyway that in English law, by virtue of The Indictments Act 1915, courts can (and frequently do) order an amendment to an indictment at any stage (which includes during a trial) provided the amendment does not result in an injustice to the accused. This is a practical necessity as it would be an affront to the concept of justice if defendants were to be acquitted on the basis of a mere technicality.
One might consider what amendment might have been made.
A possibility is that reference to the right-sided wound might have been excluded. It was the left-sided wound that was fatal, after all, and caused, as the prosecution would endeavour to prove, by a weapon which, as it happened, belonged to Sollecito.
The prosecution did, of course, maintain that it was Knox who wielded the weapon, but might, as an alternative, have also asserted that it was Sollecito. Indeed the framing of the charge leaves it an open question as to which of them did. They were charged jointly with having caused Meredith’s death.
The evidence that it may have been either (AK or RS) is a common feature of cases to which the English legal doctrine of joint criminal enterprise applies.
The doctrine applies particularly to a case such as this in that no matter who actually wields the weapon the other participant in the common enterprise is deemed to possess the same level of criminal liability even if he did not know that there was a knife or that it would be so used. Being reckless as to that possibility is sufficient.
It is surprising how often how little is required to establish joint enterprise. Frequently the mere fact that the participants know each other and were there, and that the situation was a combustible one of the group’s making, is enough. The doctrine has come in for a great deal of justified criticism but despite this remains firm law.
My preference would have been to amend the indictment to refer to the right sided wound being caused by a bladed weapon, the blade being of indeterminate length but with a width of approximately 1.5 cms. It is the width of the wound that is salient because it is indicative of the width of the blade on the knife being used which, whilst also being indicative of the likely length of the blade, but without being sure, could be either a pocket knife (4 cms or more) or a flick knife (which could also be a pocket knife). 1.5 cms is about the width of the tip of one’s index finger, by the way.
Massei, and others, always refer to this knife as a pocket knife. However henceforth I am going to write “pocket knife” to refer to the options of a pocket knife with a blade of 4cms or more, or a flick knife.
As to Mr Davies other point as to why Sollecito was not specifically charged with carrying a “pocket knife” without justified reason, I do not know, but since the framing of charges is a matter for the prosecution, one might as well leave the matter there.
In any event the lack of a specific charge does not in any way preclude a court from inferring the nature of a weapon from the pathology of the wound nor from identifying the probable assailant (as distinct from having to prove beyond a reasonable doubt the culpability of a single perpetrator named in a specific charge of “carrying”).
Guede did not ever face a specific charge of carrying a weapon but that does not prevent Mr Davis from concluding that Guede had a knife and had stabbed Meredith. It seems that Mr Davies would have been quite happy for Guede to have been so charged and convicted on Professor Vinci’s (see later) dubious testimony.
In this last respect, however, Mr Davies could have more telling argument. Lets see.
“To infer that Sollecito had a pocket knife at Via della Pergola 7 on the fateful evening of November 1-2, based on the character evidence of four witnesses called for the defence, was to say the least highly unusual..”
I think the operative words here are “witnesses called for the defence”, amongst whom was Sollecito’s own father. Yes, highly unusual but then that is what happens when you do not vet your own character witnesses before cross-examination.
Sollecito’s proclivity for carrying a knife (usually a pocket knife) at all times (and indeed he had one on him at the time of his arrest in the Police Station) is highly relevant. These witnesses referred to a knife with a blade of about 4 cms, or perhaps 6 cms.
In addition Sollecito was something of a knife aficionado. The police found two specialist knives, a Spiderco and a 2004 model Brian Tighe. Neither of these can be connected to Meredith’s wounds but they are indicative of his affinity to weapons specifically designed to be used in a fight to maim or kill. Clearly a flick knife falls into the same category.
As to proclivity evidence against Guede one can refer to his brief possession of a kitchen knife acquired at and belonging to the Milan nursery (which he did not break into, he had been given a key).
There is, of course, Tramontano’s dubious claim (angrily dismissed by Micheli even though Guede was never given the chance to challenge this in court) that a black man broke into his property and, confronted by Tramontano, had pulled out a flick knife as he exited. Tramontano tried to claim the burglar was probably Guede based on a photo of him he had seen in a newspaper. If it really was Guede he was not carrying that knife with him at the Milan nursery 8 weeks later.
“Even if Sollecito was present at the scene of the crime (as distinct from being complicit), the court could not have been sure that any “pocket knife” in his possession, which incidentally was never recovered, had inflicted all or some of the injuries, the most cogent rationale being:
1. The prosecution could not prove the dimensions and the character of the knife were consistent with the injuries inflicted upon Meredith Kercher.
2. The Court paid scant regard to the totality of expert opinion as to the type of bladed weapon (or weapons) which had been used to stab the victim
3. The Court paid scant regard to the dimensions of a bloody outline of a knife found on Meredith’s pillow
4. Consequently the Court could not have been sure that any pocket knife and, a fortiori, exhibit 36 had been used to stab Meredith that fateful night.”
As to 1 above, we know that no suitable weapon was ever recovered but if the indictment had been amended in accordance with my preference then the prosecution would easily have proved that part of the indictment, relating as it does to the wound on the right side of the neck.
It is a reasonable inference on the balance of probabilities that the wound was caused by a “pocket knife” and if one accepts the presence of multiple attackers (which I understand is a judicial truth in the case even following the latest acquittal of Knox and Sollecito) then, again on the balance of probabilities, and taking into account all the other circumstantial evidence in the case, I submit that it is a reasonable inference that it was Sollecito’s “pocket knife”.
The bar of “beyond a reasonable doubt” applies to culpability re the specified charge and is not to be confused with the elements.
As to 2, this simply is not true. I shall look at the totality of the expert opinion in a moment but suffice it to say that Massei spent a considerable amount of time in his Motivation detailing with and discussing the defence experts’ opinions.
As to 3, (and it was not on the pillow but the bedsheet) it was Professor Vinci’s contention that the bloody outline (there was a dual outline, he said) was left by a knife with a blade 11.3 cms long or a knife with a blade 9.6 cms long with a congruent section of handle 1.7 cms long (9.6 + 1.7 = 11.3). Davies does not mention a blade width but in fact Professor Vinci actually says 1.3 to 1.4 cms wide.
Taking these measurements as read, Davies points out that they are incompatible with either a pocket knife (such as Sollecito had a proclivity to carry) and Exhibit 36. I have no argument with that observation. It follows, he then argues, that one has to infer the presence of a third knife in any hypothesis and if a pocket knife and Exhibit 36 are already accounted for by Knox and Sollecito then a reasonable inference is that the third knife would have to be Guede’s. Indeed (Davies does not say this, but I will) Professor Vinci’s blade is not incompatible a priori with either of the two wounds.
This is worth looking at seriously as so far it is the only worthwhile point Davies has made.
First of all I have to say that I have searched for but have not found any rebuttal evidence or comment from the prosecution amongst the documents on the Wiki. I do not even see a question on the matter in the cross-examination of Professor Vinci.
Massei only briefly commented about the bloody outline on the bed sheet. He opined that the blood stains were certainly “suggestive” but insufficient to establish any clear outlines from which reliable measurements could be established. Clearly then he did not accord any reliability to Professor Vinci’s measurements. But is Massei right? One does not have to be an expert to consider this.
First of all, here are images of the blood stains.
In the picture below the stained section of sheet is cut out for analysis the day after the discovery of the murder.
Did the prosecution overlook their own analysis of the stains? Did they deliberately do so after Exhibit 36 was found, 9 days later on the 12th November, to have Meredith’s DNA on it? Or did they always know that the stains established nothing?
The next question to be asked is whether we can see the outline of a knife, or rather a blade. I think the honest answer to that is, on balance, yes. We think we see the tip of a blade, do we not? Maybe two, maybe even three.
It is fairly clear that Professor Vinci takes the largest of the stains to be the hilt of the handle to the knife. Lining that up with what is perhaps the likely clearest possible perceived blade tip (being the middle out of a possible three I believe I see) then the distance to the perceived hilt is indeed something like the 9.6 cms which Professor Vinci has measured.
But there are problems. Here are two of Ergon’s photos from his posts here and here with Exhibit 36 superimposed on the stains in two different positions to reflect the supposed dual outlines.
The blob of blood in the bottom left of the pictures and it’s lesser moon at 1, or 2, o’clock are regarded as having come from the same position on the blade and so with that reference point the blade is positioned accordingly in each photo.
We can surely take it that Professor Vinci also sees the same duality. But if the bloody hilt is aligned to fit with “the moon” stain in order to get the 9.6 cms measurement, then what has happened to that large hilt stain when the knife is moved further to the left, and then dropped a bit, to align to the moon’s planet (the blob)?
It has either disappeared or become an edge. That doesn’t make sense if “the moon” is the lesser version of the blob. The blob has to come from the first positioning of the knife. Despite this, in the knife’s later position the volume of blood at the hilt has actually increased comparative to the knife’s first position. That doesn’t make sense either.
So maybe the largest stain pre-exists, even for perhaps a moment, the stains suggesting the blade outlines, but in that case we can throw Professor Vinci’s measurements out of the window.
Can we do without the blob and it’s moon? It’s all a lot less convincing without them. But in truth we cannot even be sure that they are related. Nor that the largest stain has anything to do with the hilt of a knife.
A further connected observation concerns Professor Vinci’s claim that the blade of the knife is 1.3/1.4 cms wide. Like the rest of his evidence I do not find this very convincing. I suspect that he has deduced this from the largest stain which has a length, he says, of 1.7 cms. It’s width could then be something like 1.3/1.4 cms.
If the width of the knife is represented by approximately 1.4 cms then, given the position of the bloody hilt relative to the tip of it’s blade, what are we to make of the two spots of blood in a horizontal line above? They look like the upper (or lower) edge of a knife but they can’t be without making the blade wider.
Why does it have to be the same knife anyway? The stains could be the result of two different knives collected and laid to rest in the same spot.
The blood stains are certainly bewitching - rather like seeing patterns in tea leaves at the bottom of one’s cup - but on the balance of probabilities I would not totally rely on anyone’s perception of them even, with all due respect, Ergon’s but his analysis is as good as anyone’s, and that for me is the point of it.
In short I think that Massei was probably right. These stains are suggestive but basically useless and the police/prosecution ignored them for that reason.
“Consistent with English law the Massei Court’s findings should be struck down as Wednesbury unreasonable. Where there is no evidence to support a finding of a court or the court has reached a conclusion which is irrational or perverse, in the light of the evidence adduced at trial, a conviction based on that part of the evidence cannot be sustained”¦”¦”¦.The Massei Court also appears to have violated Article 6 of the European Convention on Human Rights (the right to a fair trial),”
Yeah, right. The case to which he refers, Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1KB 223, is an odd and unnecessary one to pray in aid. It was a civil case where the appellant sought judicial review in respect of a licencing decision. As a formulation of a first principle of natural justice it is, of course, unquestionable. However the claim that Massei reached a conclusion that was irrational or perverse is laughable.
It is at this point that one does begin to wonder whether Davies is indeed connected in some way with the daffy Nigel Scott (Sollecito”˜s ex Lib Dem Haringey Councillor groupie) who similarly emerges with bizarre arguments.
Next, in his evaluation, we come to a numbers game as to who was for and against the incompatibility of Exhibit 36 with the fatal wound on the left side, but before I enter into that game I want to make a point about incompatibility.
A knife blade is only incompatible with a wound if the depth of the wound is longer than the length of the blade or if the width of the wound is shorter than the width of the blade at the relevant depth.
We can therefore establish that Exhibit 36 was not incompatible, a priori, with the depth of the wound. The blade on Exhibit 36 was 17. 5 cms long and the depth of the wound was 8 cms.
Yes, I know that other arguments as to incompatibility were advanced based, in the main, on these measurements. These Massei logically deconstructed. In fairness to Mr Davies he did not advance them in his evaluation and so neither shall I.
I would also have to concede that Sollecito’s “pocket knife” is not incompatible a priori with the wound on the left side nor, even if it”˜s length of blade was over 4 cms, with the wound on the right. Nor Professor Vinci’s knife either.
The same is true of the width of these knives.
It should however be recalled that the width of the right-sided wound was also 8 cms. That is over 5 times the width of the “pocket knife”. The width of the blade on Exhibit 36 - 8 cms from it’s tip - was twice the width of the blade on the “pocket knife”.
This fact, and the robustness of the larger weapon, particularly with regard to the observed butchering at the base of the right-sided cut, makes Exhibit 36 a far more likely candidate, in my submission, than a “pocket knife”, and that’s without taking into account Meredith’s DNA on the blade.
Returning to our numbers game, Mr Davies puts it slightly differently from Massei. He says -
“And if that were not enough, of the 8 experts who gave evidence on the point, two (Dr Liviero and Professor Bacci) opined that Exhibit 36 could have caused the fatal wound to Meredith’s left side. Professor Norelli could not rule out Exhibit 36. Professor Ronchi’s opinion is not clear due to the use of the “double negative” (non-incompatibility) - it will be assumed that he supported the prosecution contention, but in any event al the remaining four experts, Professors Introna, Torre, Cingolani and Dr Patumi) opined that Exhibit 36 could be ruled out.”
In other words a draw but one of the prosecution experts is a bit “iffy”.
Massei tells us that Dr Liviero concluded “definite compatibility”, Dr Lalli and Professors Bacci and Norelli “compatibility” whilst “non- incompatibility” came from the 3 GIP experts nominated at a preliminary hearing. The latter were Professors Aprile, Cingolani and Ronchi.
“Non-incompatibility” is not hard to understand. It simply means not incompatible or rather, compatible.
Note that Mr Davies has Professor Cingolani lining up to exclude Exhibit 36. Massei disagrees and I agree with Massei. So, for what it is worth (and this is a bit childish I know) Mr Davies loses the game 7 - 3.
“And one final thought. If the defendants (Knox and Sollecito) were sufficiently compos mentis to dispose of the pocket knife “¦. Why did they not dispose of Exhibit 36? By a process of deduction and logical synthesis the answer is plain for all to see: Exhibit 36 never left Corso Garibaldi and was not the murder weapon “
Because it was on his landlord’s inventory of kitchen items? Indeed we don’t know for sure that the “pocket knife “was actually disposed of. All we know is that it was not identified and recovered by the police.
And In Conclusion
This is the second of my posts involving Mr Davies. I may not be disposed to do any more. I have to say that although he certainly provided some food for thought on this one, I have not been impressed with his analysis in the topics I have covered so far.
Others here have been tabulating other factual errors and forced arguments and as I mentioned at the start we may see them carry this a bit further.
Problems With Fred Davies #1: Did Guede’s Separate Trial REALLY Impact Negatively On RS And AK?
Posted by James Raper
1. Summary Of The Complaints
I want to write about the separate trials of Guede on the one hand and Knox and Sollecito on the other.
This feature has often been criticized by the apologists for Knox and Sollecito, and I was surprised to learn just recently that their gripe seems to have some support in learned establishments in the UK! Ahem.
The gripe concerns the Fast Track trial of Rudy Guede, and the consequent Supreme Court confirmation of his conviction, with the apologists arguing that these had an adverse and unfair effect upon the proceedings in which Knox and Sollecito were involved. It is based on the simple fact that Guede chose to be tried separately, this being seen as an unfair complication for the administration of justice in the Italian justice system.
There are a number of complaints that the usual apologists have regarding the separate trial of Guede. Most of these are in fact fantasies as I will address.
These complaints, or constant refrains, which some apologists fondly thought could form the basis of a complaint to the European Court of Human Rights in due course, can be summarised as follows -
1. That the proceedings concerning Guede established various tenets the most important one of which was the multiple attacker scenario, and that this unfairly affected Knox and Sollecito bearing in mind that their defence was based on the Lone-Wolf scenario.
2. That the evidence in the Guede proceedings could never be effectively challenged by the Knox and Sollecito camps.
3. That, in consequence of which, Knox and Sollecito had virtually already been convicted by the judiciary by the time of their own trial.
4. That Guede was allowed to give evidence against Knox and Sollecito at both his own trial and at the Hellmann appeal hearing without effective cross-examination. Had this been the case the defence would likely have exposed and demonstrated his sole responsibility for the murder of Meredith Kercher. Indeed had he been tried together with Knox and Sollecito this could well have happened at the Massei trial.
5. That Hellmann was right to give no probity value to the content of Guede’s sentencing and the subsequent annulment unfairly allowed material that was prejudicial for the aforesaid reasons into the Nencini Appeal.
6. That Guede was induced into electing for a separate trial with the promise of a reduced sentence should he be convicted - this being to prosecution’s advantage re the case against Knox and Sollecito.
2. How Overall The Complaints Are Wrong
I think that we know what fast-track is by now, so I will not dwell on that. Guede’s trial was over relatively quickly. It lasted a month and likely consisted of about 3-4 hearings. There were just a few witnesses called.
The judge, Micheli, in addition, dwelt on all the evidence in the investigative file including witness statements and forensics. This was because Guede was charged with murder “in complicity with others” and because Micheli also had to make the decision whether or not to commit Knox and Sollecito to stand trial as the other accomplices.
Before I address whether or not there could be any justification at all for the apologists’ above complaints I would like to mention that learned quarter to which I referred at the outset.
I recently stumbled (with the help of the apologists’ website) across the Criminal Law and Justice Weekly website.
I was surprised to learn that various articles had been appearing on it under the heading of “The Brutal Killing of Meredith Kercher - A critical examination of the trials and subsequent appeal hearings of Rudy Hermann Guede, Amanda Marie Knox and Raffaele Sollecito.”
Lexis Nexis ( publishers and distributors of legal material to the legal profession in the UK) describe Criminal Law and Justice as”¦.”the leading weekly resource for criminal law practitioners and all those working within the courts and criminal justice areas.”
The articles are by an F. G Davies, described as a Barrister and listed in Anthony and Berryman’s Magistrates Court Guide as a Deputy Justices Clerk, North Cambridgeshire, in England. He is also a contributor and specialist editor to Justices of the Peace Law Reports.
Online image associated with an annual legal-fees guide which FG Davies edits
Here are two quotes I picked out relevant to this post about separate trials.
“This supports the writer’s contention made earlier that the holding of separate trials for co-accused was wrong in principle and law because the prosecution were alleging that at all three defendants committed the crime acting in concert”
And:
“It provided Guede with a golden opportunity to minimize his part in the attack upon and murder of Meredith Kercher, loading the blame on to Knox and Sollecito who, by this time were suspected to be chief architects of the attack.”
It is of course perfectly true that in the anglo-saxon world Guede would not have had the choice to elect for trial separately from his co-accused. It might have made for a very interesting trial for everyone concerned if he had stood trial together with Knox and Sollecito, but for reasons I will explain later I doubt it, or that Knox and Sollecito would have gained any advantage from it.
Indeed separate trials had rendered a very specific advantage to the Knox and Sollecito camps in that Guede had already been convicted when Knox and Sollecito stood trial, a fact that their PR campaign and followers have drilled home at every conceivable opportunity.
But what on earth does it mean to say that “the holding of a separate trial [for Guede] was wrong in principle and law”? .
Whose law? Whose principles? Just how deeply does the Deputy Justices Clerk delve into the respective systems of justice (and particularly the Italian one) for a comparative evaluation?
Certainly on the basis of a quick read of his articles I would say that he hasn’t delved very far at all. In fact I will go further and say that despite that he is capable of a detailed review of various aspects of the case he pretty much shares the same hostility and concerns based upon parochialism and ignorance to be found on the usual apologists’ websites.
So I will try to put him and the apologists right on how the Italians cope, as a matter of law, with any evidential difficulties that separate trials can throw up.
However, let’s start first with the assertion that the fast-track trial “provided Guede with a golden opportunity to minimize his part in the attack upon and murder of Meredith Kercher, loading the blame on to Knox and Sollecito”? Is that true?
Guede admitted that he was present at the scene of the murder and he has always minimized his part in the attack, in fact denying that he had any part. This is all to be found in his statements pre trial. He would have minimized his part even if he had been tried with his co-accused and had given evidence. Given that he was not believed anyway, it is difficult to detect wherein lies the golden opportunity of a fast track trial.
It is also difficult to envisage what cross examination formula (and the point of it) would have been available to the Knox and Sollecito defence teams as to Guede’s minimal role or otherwise given that Knox and Sollecito maintain that they were not there and thus are hardly in a position to dispute Guede”˜s version.
Did Guede load the blame onto Knox and Sollecito? The answer to that is that he did directly implicate Knox but not Sollecito. Again this is all to be found in his pre-trial statements and interviews with the police and investigating magistrates. Whilst on the toilet he had heard the doorbell ring, Meredith call out “Who is it?” and later say “We need to talk” followed by another woman’s voice, which he thought was Amanda, replying “What’s happening?” He had also claimed to have seen, through Filomena’s bedroom window, a female figure with flowing hair and had recognised the shape as being that of Amanda Knox.
It might be useful at this point just to pause and remember when Guede could have been cross-examined on this by the Knox and Sollecito defence teams.
Guede was called to give evidence during the Massei trial but declined to give evidence. Not surprising given that he was appealing his own conviction at the time. This was heard two weeks after the conclusion of the Massei trial.
He then appeared at the Hellmann trial by which time he already had a definitive conviction. On this occasion he did respond to questioning and I shall look at this a little later.
3. The Specific Mistakes In Each Complaint
Let us return now to the apologists standard refrains as I listed them at the beginning.
1. That the proceedings concerning Guede established various tenets the most important one of which was the multiple attacker scenario, and that this unfairly affected Knox and Sollecito bearing in mind that their defence was based on the Lone-Wolf scenario.
One might also add the staged break in and some others as well which were all considered by Micheli and endorsed by Massei.
However as at the conclusion of the Massei trial Guede’s first appeal was still extant and the Supreme Court’s definitive reflections on the multiple attacker scenario were still a year off. Nothing had been written in stone at that point. If the multiple attacker scenario became a tenet of the case then it would be more accurate to say that it became so because of Massei joining up with Micheli.
But let’s also take in the second refrain to consider alongside the first at this point.
2. That the evidence in the Guede proceedings could never be effectively challenged by the Knox and Sollecito camps.
This really is pretty rich. So what? Knox and Sollecito were not on trial there. And what to make of the Massei trial which of course is when Knox and Sollecito then wheeled out their big guns; the expensive lawyers and experts in telecommunications, forensic pathology, forensic DNA, ballistics and footprint analysis?
The Massei trial may have taken its time but it was nevertheless (unlike Guede’s trial) a full blooded adversarial trial of first instance, lasting a year, with the prosecution producing each and every one of it’s witnesses for rigorous cross-examination by the defence.
It was Massei that confirmed the multiple attacker scenario on the basis solely of that evidence and with scarce a mention of Guede’s sentencing report. It is lame to argue that Massei was in any way constrained by Micheli’s reasoning on the matter though his judgement was indeed available.
However Massei did make the following observation -
“”¦”¦the reconstruction of the facts leads to the unavoidable conclusion that he (Guede) was one of the main protagonists (writer’s note: no concession to Guede’s chances on appeal, then?); thus it is not possible to avoid speaking of Guede in relation to the hypothesised criminal facts. The defence of the accused in particular have requested the examination of texts concerning only Rudy, and have demanded the results, specifically concerning Guede of the investigative activities carried out by the police in particular. In fact they have expressly indicated Guede as being the author, and the sole author, of the criminal acts perpetrated on the person of Meredith Kercher.”
So here we see the defence making the running on Guede (without Guede being present as a co-accused to dispute anything) to include any and all evidence as to his alleged criminal background with the precise purpose of bolstering the Lone Wolf scenario, all of which was duly evaluated by Massei.
[One might think, in addition to the above, that Guede would have had cause to complain about the indictments for Knox and Sollecito, in that both were indicted, and subsequently convicted, with the crime of murder “in complicity with Rudy Hermann Guede”, although he still had two appeals left and theoretically (though not realistically) it was still possible for him to be acquitted of the crime. However the drawing up of indictments in separate trials, and how the judiciary would deal with an outcome such as above (which I don’t think would be difficult) would be a topic for another discussion.]
3. That, in consequence of which, Knox and Sollecito had virtually already been convicted by the judiciary by the time of their own trial.
This is so lame by any objective standard, but it is amazing just how often this particular drum is beaten. However our Deputy Justices Clerk would probably subscribe to this. He develops an argument akin to this which he terms the Forbidden Reasoning (echoes of Preston’s “The Forbidden Killer”?) which is basically that Micheli made a number of errors which were then compounded in subsequent hearings.
4. That Guede was allowed to give evidence against Knox and Sollecito at both his own trial and at the Hellmann appeal hearing without effective cross-examination. Had this been the case the defence would likely have exposed and demonstrated his sole responsibility for the murder of Meredith Kercher. Indeed had he been tried together with Knox and Sollecito this could well have happened at the Massei trial.
The evidence that implicated Knox I have already mentioned. It is not entirely decisive in that it is not a solid ID of Knox at the crime scene. At the Hellmann appeal Guede added this in an exchange with Knox”˜s lawyer -
DEFENSE ATTORNEY DALLA VEDOVA””And therefore, Mr. Guede, when you wrote verbatim that it was a “horrible murder of Meredith a lovely wonderful young woman, by Raffaele Sollecito and Amanda Knox” what do you mean exactly? Have you ever said this?
WITNESS””Well, I”¦ this, I’ve never said it explicitly, in this way, but I’ve always thought it.
DEFENSE ATTORNEY DALLA VEDOVA””And so, it’s not true.
WITNESS””No, it’s very true”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦.............. So if I wrote those words it’s because I’ve always had them inside of me. It’s not up to me to decide who it was who killed Meredith, in the statement that I made in my trial, I always said who was there in that home that damned night, so, I think I’m not saying anything new”¦”¦
In another exchange, this time with Bongiorno, Guede makes it clear that he is not planning to answer any further questions about what happened that night but this is because he has already stated (statements and recorded interviews etc), and stands by, all that he has to say about it. Thus all that is taken into evidence perfectly properly. The matter is then left to rest by the defence.
Indeed it is difficult to conceive what further effective cross-examination could have occurred in this situation because clearly Guede would have responded with exactly the same answer each time.
The above exchanges also show just why it is unlikely that there would have been any fireworks had Guede been tried with his co-accused.
Guede would not have been obliged to give oral testimony any more than were Knox and Sollecito and in the event that he had done so (and I think it would have been in his interests to do so) his evidence would not only have been the same but it would have been subject to the same limitations, which would have been zealously protected by his lawyers, that had protected Knox when she gave oral evidence.
On due consideration it might have been a somewhat tetchy affair for the lawyers but it would not have been in the interests of any of the respective teams of lawyers for there to have been any surprises such as Guede moving from beyond what he had already said in pre-trial statements to a solid ID of Knox from the witness box. That wouldn’t have particularly helped Guede as it would have affected his credibility even further. They all had prepared positions to protect and Guede’s presence would be neither that much of an added threat nor an advantage for Knox and Sollecito.
5. That Hellmann was right to give no probity value to the content of Guede’s sentencing and the subsequent annulment unfairly allowed material that was prejudicial for the aforesaid reasons into the Nencini Appeal.
Now we are into the law, Italian law that is, and how it coped with separate trials of co-accused.
By this time Guede’s conviction, remember, had been ruled as definitive by the Supreme Court.
This is what Hellmann said about that -
“”¦”¦. in truth, this judgement, acquired pursuant to article 238 and so utilisable under the probative framework only as one of it’s evaluative elements pursuant to article 192.”¦”¦”¦”¦”¦.. already appears in itself a particularly weak element, from the moment that this judgement related to Rudy Guede had been carried out under the fast track procedure.”
It will be useful to consider some of Prosecutor-General Galati’s observations in the prosecution’s appeal submission and we can do this because the Supreme Court agreed with him.
This is what the Supreme Court said -
“The submission on the violation of article 238 “¦”¦.is correct. Even though (Hellmann) obtained the final judgement pronounced by this court against Rudy Guede, after properly considering that the judgement was not binding, it has completely “snubbed” the content of the same, also neutralizing it’s undeniable value as circumstantial evidence on the presupposition that it’s profile was particularly weak, since the judgement was based at the state of proceedings without the enrichment acquired as a result of the renewal of the investigations hearing arranged on appeal, In reality, the court was not authorised at all, for this reason alone, to ignore the content of the definitive judgement.”
The enrichment referred to would of course have been the Independent Expert’s evidence (subsequently debunked by Nencini) and the Supreme Court also added that in any event article 238 was not impaired at all by the fact that the first instance trial was fast track.
At the end of the day this was just poor argument by Hellmann but it was symptomatic of the many flaws that underlay much if not all of his reasoning for acquittal.
More importantly for me and in addition to the foregoing the Supreme Court delivered a withering criticism of Hellmann’s understanding of circumstantial evidence and how to evaluate and treat it in its broad spectrum.
However, how can and what elements contained in the separate trial of one co-accused have any probative weight in the trial of the others?
Prosecutor-General Galati puts it like this. The Supreme Court’s rulings -
“have now settled definitively regarding the interpretation according to which finalised judgements can be acquired by the proceedings, as provided for by the indicated law, but they do not constitute full proof of the facts ascertained by them, but necessitate corroborations not differing from the declarations of the co-accused in the same proceedings or in a connected proceeding”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦......
Naturally this confirmation is not directly used for the purpose of proof but as corroboration of other circumstantial pieces of evidence or of evidence already acquired, not very different from what happens when declarations of collaborators with justice corroborate each other.”
In the event the only material from Guede that really seems to me to have hitherto been extraneous to the first instance trial of Knox and Sollecito was the inclusion at the Nencini appeal of Guede’s partial ID of Knox at the scene and his evidence as to Meredith’s missing money, which were corroborative of elements of evidence that had appeared at the Massei trial; in the case of the missing money for instance, the missing credit cards and Filomena’s testimony that at a meeting shortly before both the murder and the day the rent was due Meredith had told her that she had the cash to hand and was prepared to hand it over there and then.
No such money was found at the crime scene. One suspects that these two elements would have been more prominent at the Massei trial, and have been motivated more attentively, had the three been tried together. In the event Guede’s partial ID of Knox was not even mentioned by Massei and Knox and Sollecito, in the absence of any evaluation of Guede’s evidence, were acquitted (not even motivated at all in fact) of the charge of theft in relation to the money and the credit cards.
Given the foregoing I would argue that Knox and Sollecito derived an advantage rather than a disadvantage from the separate trials.
Furthermore I would argue that the material from Guede’s separate proceedings was not particularly damaging given the overall context of the evidence already directly available from the trial of Knox and Sollecito (which received some but in truth did not require much corroborative confirmation from Guede’s separate trial) and which in itself was sufficient to found a verdict of “beyond reasonable doubt”, but it did supply some useful insight into a motive when of course Hellmann had found none and Massei had supplied a rather improbable one.
6. That Guede was induced into electing for a separate trial with the promise of a reduced sentence should he be convicted - this being to prosecution’s advantage re the case against Knox and Sollecito.
Needless to say this is what you get from desperate and deluded minds. Guede’s lawyer has explained why his client took his advice and the decision was perfectly rational and in Guede’s interests. Guede was entitled to a third off his sentence from choosing fast track though I am no fan of that. Furthermore I have explained why no particular advantage accrued to the prosecution from this choice other than that it probably foreshortened the time that a full trial of the three would have taken.
The Sollecito Trial For “Honor Bound” #5: Gumbel Just A Defamatory Anti-Italy Shill?
Posted by Our Main Posters
Above: “Neutral ghostwriter” Andrew Gumbel tweets…
1, Today In The Florence Court
Lately many of the chest-thumping PR shills have whined a lot more about themselves as victims than done anything to boost Sollecito and Knox.
Think of Preston, Burleigh, Dempsey, Sforza, Fisher, Moore, and a whole lot of other serial complainers. Now chest-thumper Andrew Gumbel seems to want to join their ranks. That is if the claim that he was ONLY a ghostwriter was made by his lawyer with his consent to the Florence judge.
2. Signs Gumbel Really Is A Shill
Note that Sollecito gave many signs during his US book promotion tour late in 2012 that he really didn’t know much about what was in his own book.
So did Gumbel really only hang on Sollecito’s every word? Or did he talk to a lot more people than that, and get very invested in nasty, dishonest propaganda to deny justice for Meredith via the courts?
Here’s Andrew Gumbel on 1 May 2014, providing the first media opinion in the UK on Judge Nencini’s appeal report. The nasty false claims highlighted suggest Gumbel has a very strong investment in Sollecito and Knox and not a little contempt for the Italian courts.
One truth in Gumbel’s article which he must really regret? That sentence in the thitrd paragraph: “Disclosure: I am the co-author with Sollecito on his memoir about the case.”
The longer the Italian courts consider the Meredith Kercher case ““ and we have now had three trials, six presiding judges, two hearings before the Italian high court and a third on the way ““ the more the country’s institutions of justice have covered themselves in shame.
Judge after judge has twisted the available evidence into extraordinary contortions of logic to assert, at different times, that Kercher ““ a British exchange student stabbed to death in her room in Perugia in 2007 ““ was the victim of a premeditated attack; that her murder happened spontaneously; that the motive was sexual; that the motive was a dispute over housework with Amanda Knox, the star defendant; that the trigger for the murder was the unseemly appetite Knox and her boyfriend, Raffaele Sollecito, had for sex and drugs; that the trigger for the murder was Rudy Guede, the Ivorian-born drifter everyone agrees was involved, knocking on the door to use the toilet.
By now, Knox and Sollecito have been convicted, acquitted and convicted again, and the underlying forensic evidence has been both exposed as a sham and, mystifyingly, reinstated. (Disclosure: I am the co-author, with Sollecito, on his memoir about the case.)
Still, the latest judicial document in the ongoing battle, a 337-page justification of the most recent convictions made public on Tuesday, marks a new low. Not only has Alessandro Nencini, the presiding judge of the Florence appeals court, apparently resorted to the same tortured logic as his predecessors; he has also stated things as fact that are manifestly and provably wrong.
That may be more than even the Italian justice system can stomach; judges, after all, aren’t supposed to do things like that. And it may provide Knox and Sollecito with unexpected ““ if still slim ““ grounds for hope at the very moment when Kercher’s death had seemed settled, at last, according to the law.
To read the new conviction report in detail is to enter a kind of alternate reality, where concrete facts appear ignored and alternate facts are seemingly plucked from the air. Kercher’s murder is reduced to a parlor game and all roads lead to the inevitable, if not also foregone, conclusion that Knox and Sollecito are guilty. For instance:
- On page 63, Judge Nencini claims that a partial shoeprint found at the murder scene comes from a size 37 women’s shoe and must therefore belong to Amanda Knox. But this is not based on the available evidence. In the early days of the case, the prosecution sought to show that the shoeprint was from Sollecito’s Nikes; the pattern of concentric circles on the sole was later proven to come from a different pair of Nikes belonging to Guede.
- On page 81, Nencini grapples with the question of how Knox and Sollecito could have participated in the murder but left no more than a single, hotly disputed trace of themselves at the scene. Extraordinarily, Nencini argues that Knox and Sollecito must have wiped the place clean of their DNA (but left an abundance of Guede’s) because no traces of Knox’s DNA were found anywhere in the apartment that she shared with the victim. But multiple samples of Knox’s DNA were found and presented at trial; they just weren’t found in the room where the murder took place.
- Then, on page 321, Nencini writes that the blade of the purported murder weapon ““ a large kitchen knife found in Sollecito’s apartment ““ bore traces of both Kercher’s and Sollecito’s DNA. Again, this is at variance with the evidence. The most the prosecution ever asserted was that Kercher’s DNA was on the tip of the blade. Sollecito’s DNA has never been found.
The defense teams have reacted with consternation: Knox issued a formal statement decrying the lack of “credible evidence or logic” in this latest document, which arrived just ahead of the three-month deadline following her latest conviction; Sollecito’s lead lawyer, Giulia Bongiorno, denounced what she said were “at least ten clamorous mistakes per page”. (A Kercher family lawyer called the document “a version that we have always in some ways sustained”.)
This being Italy, however, the judicial errors are not necessarily a bad thing for Knox and Sollecito, because they give the Italian high court an opening ““ should the justices choose to take it ““ to overturn the latest conviction, and either dismiss the case, send it back to get the mistakes fixed, or order yet another trial in another court.
The high court justices will be aware, of course, that the longer the case drags on, the more suspect the process will look in the eyes of world opinion. Another trial would test the patience of even the most ardent believers in Knox and Sollecito’s guilt, and certainly of the Kercher family. But the process is starting to curdle ““ even without the spectacle of lawyers arguing, yet again, over the same controversies before a barrage of international TV cameras. That leaves the high court, which always has one eye on the integrity of the system, with a genuine dilemma.
Much has been written about Italian justice’s desire to save face in this much written-about case. To admit a miscarriage of justice, the argument runs, has become too difficult, because it would expose the mistakes of too many people, from the primary investigators to the Rome forensic lab to the prosecutors and judges.
However, as the case trudges toward the seven-year mark, one has to wonder how much appetite the institutions of justice still have to stand by what they have done. Will the high court really want to endorse Nencini’s report with all these evident flaws? Or will this finally be the moment when the justice system calls a halt to a travesty committed in its name and exonerates Knox and Sollecito, as it should have done years ago?
3. How Gumbel Got It Wrong
We responded by rebutting 20 of Gumbel’s malicious claims in just the first 7 pages of Honor Bound. And Pataz1, a TJMK main poster who also runs his own blog posted this rebuttal of Gumbel below
This letter was sent to the Guardian’s Reader Editor on 4 May 2014, and again on 3 June, 2014. The Reader’s Editor did not respond to either of the email submissions.
Gumbel’s May 1st, 2014 article in the Guardian is a thinly veiled advocacy piece for Sollecito and Knox. He left out a significant phrase from a Nencini passage he cites; this phrase he omitted undermines one of his main claims.
To the Guardian:
I’m writing to you about Andrew Gumbel’s “comment” on developments in the murder of Meredith Kercher case. Gumbel writes about the recently released Nencini court motivations document, which outlines the court’s reasoning for affirming Knox and Sollecito’s conviction for the murder of Meredith Kercher.Gumbel waits until the end of the third paragraph in his article to provide his disclaimer: that he is a co-author of the book by one of the defendants. Its hard to understand why Gumbel waited so long to disclose his vested financial interest in the innocence of one of the defendants on trial. By this time, Gumbel has already levied allegations of impropriety upon the Italian courts and judges. For example, he alleges “the country’s institutions of justice have covered themselves in shame.” He continues specific allegations that “judge after judge has twisted the available evidence [”¦]”. If Gumbel had provided his disclaimer appropriately at the beginning of his letter, readers would have had a more appropriate understanding of Gumbel’s perspective and motivations for writing his letter.
Despite being a co-author of a book by one of the two still on trial for Meredith’s murder, Gumbel’s statements on the court process are wrong. Gumbel pushes the perspective that Knox’s reps have pushed in the US; that Knox and Sollecito have been “convicted again” after an acquittal. Gumbel leaves out any mention of the Italian Supreme Court ruling that overturned Knox and Sollecito’s acquittal and sent the case back to the appellate level. After the acquittal was annulled, the original 2009 conviction remained in place. Gumbel is no doubt aware that the Florence court is an appellate court. (Curiously, Sollecito’s co-defendant Knox also wrongly claims on her website that the Italian Supreme Court “annulled all previous verdicts”; ref: http://www.amandaknox.com/about-contact/?).
Gumbel’s omission of the Italian Supreme Court ruling is odd, because the entire point of his article is the integrity of the judicial decisions. Gumbel left out that the Italian Supreme Court has already made one ruling regarding the integrity of a judicial decision in this case. The Supreme Court’s ruling wasn’t in favor of Gumbel’s co-author and defendant Raffaele Sollecito; perhaps this is the reason that Gumbel failed to mention the actual outcome of the acquittal.
Or perhaps Gumbel left out this information so he could present the evidence the way it is framed by supporters of Knox and Sollecito. Later in the the same paragraph, Gumbel expresses confusion about why evidence remains in the case. He states “the underlying forensic evidence has been both exposed as a sham and, mystifyingly, reinstated.” As the co-author of the book with Sollecito, Gumbel is again no doubt aware that after the appellate-level acquittal was thrown out, the original conviction (with all of the evidence) remained as a part of the case. Any decision made by Hellmann on the evidence was also thrown out of the case, including Hellmann’s conclusions on the knife DNA evidence and the Sollecito’s DNA on the bra clasp. Further, if Gumbel had indeed read the Nencini decision, he would have read the passage where Nencini takes to task the “independent experts” in the Hellmann trial (detailed here:http://thefreelancedesk.com/amanda-knox-trials-meredith-kercher-case/). Gumbel should be well aware after his reading of Nencini why the evidence still contributed to the Florence court upholding his co-author’s conviction.
In his second point on the Nencini decision, Gumbel leaves out a key phrase that completely undermines his claim. By this time in his article, one is forced to wonder if this omission is deliberate. Gumbel’s claim is that Nencini contradicted himself by writing that Knox and Sollecito only left a “single, hotly disputed trace of themselves” despite the other evidence that Nencini also talks about. But the start of the passage Gumbel cites is:
“Una peculiarità è, ad esempio, il rilievo che all’interno della villetta di via della Pergola quasi non sono state rinvenute tracce di Amanda Marie Knox ““ se non quelle di cui si dirà e riferibili all’omicidio ““ né di Raffaele Sollecito.”
The phrase Gumbel deliberately left out is this: “se non quelle di cui si dirà e riferibili all’omicidio”, which, roughly translated, is “except those which will be discussed and related to the murder.” The Nencini Motivations document explicitly contains a clause that accommodates the other traces related to the murder. Gumbel’s point is provably false. As someone who arguably puts himself forth as an expert on the case, this omission is highly concerning.
In Gumbel’s third point he highlights what is a minor error in the Nencini report. Calling out one word in a longer passage, Gumbel points out the report states that Sollecito’s DNA was found on the knife that is alleged as a murder weapon. If Gumbel truly read the report, as he claimed in a twitter exchange with me, he would be aware that the rest of the section that is contained in makes it clear that the finding is Knox’s DNA on the knife, not Sollecito’s. This minor error is hardly cause to overturn the full conviction.
I could continue, but the rest of Gumbel’s article is largely a diatribe against the length of the trial and the Italian justice system. Gumbel cites an article written by Douglas Preston, another author who has financially benefited by being openly critical of the prosecutor in Knox’s case. Knox and Sollecito’s case has gone through three levels of the Italian court system, and back to appeals. Cases in the US that follow a similar path have not happened any faster than the one in Italy. For example, in the Scott Peterson case in the US his defense still filed appeals eight years after his first-level conviction.
That the Guardian has allowed itself to be used as a platform to push the defense’s perspective is not only a disservice to the family of the murder victim who lives in the UK, but is also a disservice to the victim of a violent, brutal murder.
Saul Kassin Framed Many Fine Italian Justice Officials - And Played Whiny Victim When Fraud Exposed
Posted by Cardiol MD
Williams College President Dr Falk, and head of psychology Dr Fein
1. The Mass-Victimhood Phenomenon
We often take note of a common “they can’t take what they dish out” phenomenon among the Sollecito & Knox supporters.
If you show unequivocally that their FACTS are wrong, and that they have illegally framed (in English) good Italian officials, they melt down with numerous shrill claims that the meanies ridiculed them - because their mission and the two perps they champion are so moral and so divine.
Doug Preston, Nina Burleigh, Greg Hampikian, Steve Moore, Doug Bremner and many others have exhibited this paranoid victimhood phenomenon.
Doug Preston even wrote an entire book-long wail about his supposed victimhood.
Foolishly perverse behavior. No police or prosecutors anywhere ever appreciate being framed.
In the US it is rare indeed. In Italy a single official complaint can spark a prosecutor’s investigation, and probable felony charges against any or all of them for obstruction of justice.
The Saul Kassin case surely has to be one of the worst of all faux victimhood cases, because his huge and very nasty swipe at Italy, with dozens of wrong facts and false accusations, was delivered as a keynote address to dozens of top justice officials from around the world.
To this day, he perpetuates this enormous academic fraud.
Presumably 100% of that global audience, ignorant of the real story (including a probable serious new felony by Knox) was frauded into believing Knox was tortured by Italians into some making a classic forced confession on Kassin’s guidelines.
2. A Historical Synopsis Of Kassin’s Fraud
Saul Kassin, an academic psychologist, established himself as an acknowledged authority-figure on the subject of prosecutor-induced false confession by develeoping a profile of such confessors.
Prosecutor-induced false confession is, of course, a real phenomenon, which has existed throughout recorded history, notoriously exemplified in modern history at the Moscow Show-Trials of the 1930’s.
Years ago supporters of Amanda Knox and Raffaele Sollecito (FOA), claiming that the pair were wrongly convicted of murdering Meredith Kercher, alleged that their “wrongful” conviction was based on a prosecutor-induced false confession, among some other things.
FOA concocted a false description of the events surrounding the “interrogation” using as many as 50 barefaced falsehoods to create a match to the characteristics of false confessors described by Kassin.
Strong fact-based reactions to this fabrication resulted in the exposure of numerous falsehoods and deceptions, in the course of which Kassin’s shilling for Knox was also criticised.
Offended by such criticism, Kassin wrote a new paper, defending his work, but sustaining the multiple falsehoods and deceptions created by the FOA.
On April 30th 2012 the American Psychologist [AP] published an Advanced Online Paper titled “Why Confessions Trump Innocence” authored by Saul Kassin (see the final version here).
In it he “described” the case of Amanda Knox, the American college student who had been convicted of murder in Italy, arguing that Knox was not guilty, and had been induced by prosecutorial-oppression into making a False-Confession.
In June 2012 Kassin presented his misleading keynote address about Knox to the John Jay College global conference (see page 31 of the program). Soon after that he made TV and radio appearances.
3. AP Publishes Non Peer-Reviewed Paper
In September 2012 the American Psychologist journal published Kassin’s paper in print-form (AP Vol.67 (6) Sept. 2012, 431-445).
When it did so, the paper was newly accompanied by Corrections and Updates, in which Kassin states that minor (sic) corrections “should be made in the description of the Amanda Knox case.”
They are not minor in their effect on the meaning of his text, but it remains untruthful as before.
The first change substitutes for one misleading false statement, a more clearly worded false statement; changes 4 and 5 modify the allegation that Guede had raped Meredith, and that Guede’s DNA had been found in sperm at the crime scene.
Not only are Kassin’s changes by no means “minor”, they are only a few of the many changes needed to acknowledge the true facts. They amply confirm the depth of Kassin’s fall into deception.
And in a ludicrously surreal development, Amanda Knox’s 2013 book Waiting to be Heard at great length parotted Kassin’s wrong claims about her wrong claims.
4. The Pro-Justice Community Dissents
TJMK and the two PMF forums and other pro-justice, pro-victim and pro-Italy websites have long explained in Posts and Comments that the Kassin paper containing 50 or more false or deceptive statements is so contrary to the actual facts as to be sheer obfuscation.
The first TJMK reference to False Confession was a comment by Faustus on Jan. 13th 2009. The first TJMK post questioning Saul Kassin was written by the Machine and published on 10 July 2012.
Since then TJMK has published more than a dozen articles focusing on the false facts and false accusations in Kassin’s presentations, with scores of comments expanding the corrections further. This rebuttal and this one were particularly key.
5. Some Relevant Kassin Background
Saul Kassin is a Distinguished Professor of Psychology at John Jay College of Criminal Justice in New York. Recently, he was listed as in a “phased retirement” as Massachusetts Professor of Psychology from Williams College, in Williamstown, Massachusetts. He received his Ph.D. at the University of Connecticut.
Kassin’s “resume” reveals that he was once very aware of the phenomenon of self-fulfilling rophecy, and very scornful of people to whom he attributed it.
In 2004, C.U.P. published a multi-author book entitled “The Detection of Deception in Forensic Contexts”, defining “˜forensic context” as any context in which legal questions are raised.
Kassin was the author of chapter 8, entitled “True or False” He then claimed “˜I’d know a false confession if I saw one”. Then Kassin repeats the well-known fact that Oppression-Induced False Confession is a real phenomenon, ridiculing other professionals with the quote “I’d know a false confession if I saw one”.
Then he describes his own recipe for “˜knowing one”, providing a profile ideal for use by Knox and FOA, after Meredith’s murder in 2007.
Kassin’s ridicule relies upon what he, himself, describes variously as “˜self-fulfilling prophecy, interpersonal expectancy effect, and behavioral confirmation’. He provides the reader with 6 references to the phenomenon, the first 2 focusing on Pygmalion, as the classic exemplar of seeing what you want to see.
[Pygmalion was a Cypriot sculptor who carved a woman out of ivory. His statue was so realistic that he fell in love with it. Making offerings at the altar of Aphrodite, he quietly wished for a bride who would be “the living likeness of my ivory girl”. When he returned home, he kissed his ivory statue and found that its lips felt warm. He kissed it again, touched its breasts with his hand and found that the ivory had lost its hardness. Aphrodite had granted Pygmalion’s wish. Shaw used this story as the subtext for his play “˜Pygmalion”, the musical version of which is “˜My Fair Lady”.]
Kassin’s “resume” also records that he served as a U.S. Supreme Court Judicial Fellow, working at the Federal Judicial Center .... Dr. Kassin is past president of Division 41 of APA (aka the American Psychology-Law Society).
Given these items from Dr.Kassin’s “resume” a reader would expect Dr. Kassin to be professionally knowledgeable in the law relevant to his specialty; Kassin definitely OUGHT to be that knowledgeable.
In “Why Confessions Trump Innocence” readers are directed by Kassin to FOA shill Dempsey, 2010, and FOA shill Burleigh, 2011, noting “personal communications with Amanda Knox, [shill] Madison Paxton, and Nina Burleigh”.
Consistent with Kassin seeing what he wants to see, his paper contains phrases such as “the case of Amanda Knox and others who are wrongfully convicted”. Kassin’s own deception seemingly promotes receptivity to deception by others.
In January the Nencini Appeal Court in Florence declared Knox and Sollecito to be Guilty-Beyond-Reasonable-Doubt. All that remains is the Supreme Court’s expected firm endorsement.
As we await the Nencini Motivazione report, the senior Florence prosecutor Dr Giuliano Giambartolomei has recently announced his findings that many claims in Sollecito’s “Honor Bound"are spurious and justify new charges being brought against Sollecito. Sollecito’s shadow-writer, the shill Andrew Gumbel, who recently published a self-incriminatory rant in The Guardian, has also been named by the court.
So now seems a great time to refresh TJMK’s reader’s awareness of Kassin’s arguments. Kassin’s false arguments were apparently communicated to Judges Hellmann and Zanetti by Knox’s lawyers, so Kassin himself may be liable under Italian Law.
6. How Dr Scott Sleek Enables The Fraud
Remember, Kassin is the cowardly man who lied about good investigators half a world a way, and quite deliberately stirred up whatever hate he could.
Here are some quotes from an article by the duped psychology colleague Scott Sleek amazingly excusing Kassin’s serial framings and obfuscations.
“Studies (as well as real-life cases in the United States) also specifically show that the presence of a confession, because it creates a strong belief, can contaminate latent fingerprint judgments, eyewitness identifications, and interpretations of other types of evidence,” he wrote.
But what particularly inflamed the blogosphere was Kassin’s use of a headline-grabbing example — the case of Amanda Knox, an American college student who was convicted of murder. Kassin had provided a pro bono analysis of Knox’s case in her appeal to the Italian court, recommending that her confession be treated with caution.
He noted that Knox had been immediately identified as a suspect and presumed guilty, confessed after three days of denials and interrogations, and did not have any attorney present when undergoing questioning. In addition, Kassin pointed out, her statements were not recorded. [Actually they were, and Knox signed every one.]
“I used it as an example, not realizing the depth of a couple of Amanda Knox hate groups that track professionals who support Amanda Knox,” he said.
Kassin said the hate emails he received, and the blog posts criticizing him, didn’t focus on the science itself, but on his motives for analyzing Knox’s case. In essence, the attacks were personal. Some of the messages he received felt threatening, he said, and included statements such as: “We know where you work.” A few bloggers also wrote posts lambasting Kassin’s integrity, in one case even calling him a “shill.”
Scientists who have been subjected to these tactics say universities, journal editors, professional organizations and others need to support scholars who face these threats to their academic work.
7. Conclusion: Fraud Kassin Now Plays The Victim
TJMK readers know very well that the above précis is an outright falsehood.
That is not at all what took place.
In his “defence” Kassin also claimed: “I used it as an example, not realizing the depth of a couple of Amanda Knox hate groups that track professionals who support Amanda Knox.”
WHAT hate groups? There are only professionals pro-justice. And why that mere “example”?
Actually Kassin placed his framing and his wrong “facts” front and center, again and again and again.
WHAT other professionals if any support Knox? The real professionals posting and reading here handily exceed Kassin’s pay-grade.
Kassin also claimed, without showing proof, that he received hate mail, and the (very detailed) posts criticizing him didn’t focus on the science itself, but on his motives for analyzing Knox’s case. In essence, the attacks were personal, he stated.
Kassin also claimed that some of the messages he received felt threatening, and included statements such as: “We know where you work” and that a few bloggers wrote posts lambasting Kassin’s integrity.
In one case they even called him a “shill”. Really? Is he not?!
TJMK is as opposed as Kassin to hate-mail. We can correct wrong facts and serial defaming right here.
But we also believe that Kassin’s adoption of Knox’s, Sollecito’s, Paxton’s, Dempsey’s, Burleigh’s, and other FOA’s falsehoods, deceptions, and his serial framings of Italian officials, was far more improper, biased, and compromising of his own integrity.
The attempt to do real damage begins and ends with Kassin. And far from not focusing on Kassin’s “science” his TJMK critics focused sharply on the falsehoods Kassin used to support his self-fulfilling prophecies. Click on links to past posts above.
The historical trap Kassin has fallen into is that of “Experimenter Expectancy”, or seeing what you want to see [c.f. Chapter 6, pp107-108 Betrayers Of The Truth, OUP, 1982, By Broad & Wade]:
Expectancy leads to self-deception, and self-deception leads to the propensity to be deceived by others.
Having fallen into the very trap Kassin himself had described in great detail in 2004, and recited in his “resume”, a legal background that ought to inform him that he was entering a potential legal minefield, Kassin proceeded, in writing, to satisfy the common-law definition of Defamation-Malice [making false statements, knowing them to be false, or made so recklessly as to amount to willful disregard for the truth].
Under Italian law, if any of those he framed complains, Kassin may be chargeable with a felony.
Kassin’s MO does entail defaming the conduct of Italian Police, and Prosecutors. He has adopted many falsehoods. There is good reason to bring his integrity into question.
His best course now would be to publicly withdraw all the many versions of his false claims. And, finally, apologize to all those he framed and the real victim’s circle,
Footnote
Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and his lobbying at the State Department. Relevant posts:
Click for Post: How With Myriad False Claims John Douglas Pushes To Forefront Of Pro-Knox Crackpots
Click for Post: Was A Vulnerable John Douglas Hijacked By ‘First Generation Crackpots’ To Lie About The Case?
On Saul Kassin: Our Letter To Dr Douglas Starr Who Wrote An Effusive Profile In The “New Yorker”
Posted by Peter Quennell
Dr Douglas Starr
Co-director of Science Journalism Program
Co-director, Center for Science & Medical Journalism
Professor of Journalism
College of Communication
Boston University
Dear Dr Starr
We would like to take issue with your article “The Interview: Do police interrogation techniques produce false confessions?” in the Dec 2013 New Yorker.
Specifically the effusive passages on the New York psychologist Saul Kassin. Dr Kassin was a hired gun in the annulled 2011 appeal of the Amanda Knox case in Italy. In our assessment he has widely conflated the defense’s (spurious) position he was paid for with an objective academic analysis.
Our posting community consists of professionals in legal and criminal-science fields, and we have quite detachedly uncovered over 50 false claims in Kassin’s widely-promoted papers and TV and conference appearances. The presumed intent of those was to spark more paid court business and more academic advancement.
Amanda Knox was confirmed guilty for lying about her so-called confession a year ago by the Italian Supreme Court, and her sentence of three years was confirmed. This is the same “confession” Kassin builds huge castles upon, the false accusation which had placed an innocent man in jail for three weeks, during which time Knox never recanted.
So exactly what is left standing of Kassin’s position today is hard to discern. However, instead of exposing him and chastizing him, your New Yorker piece seems to have set out without due caution - no buyer-beware - to make your readers respect and associate with him.
This matter isnt over in Italy, because those many framed by Kassin are unhappy about baseless claims of illegal acts presented at a global John Jay College conference and many other forums and tv shows. Any one of those who feel impugned can trigger a felony investigation for poisoning American opinion in an attempted obstruction of Italian justice. Out of which, Kassin might find himself fighting charges incurring possible prison time.
If credible crime experts here in the United States such as yourself now come down in support of those falsely impugned in Italy, and in rejection of Kassin’s categoric false claims, it might assist to defuse a tense and ugly situation, and might keep Kassin’s legal troubles to a minimum. We dont speak on behalf of the officers framed in Italy but we might have some sway as we accept no payment from anyone and are widely trusted there.
We would like to ask you to read these various posts explaining where Kassin went wrong, particularly the fourth one, and then decide what you might like to do. It would be good if this could include inserting an addendum into the New Yorker explaining that due caution should be observed toward Kassin’s claims.
- 1. Includes a court-accepted widely-confirmed description of the Knox interrogation
2. An Example Of How The Knox Campaign Is Misleading American Experts And Audiences
3. Post Of Jan 2011 Rebutting Kassin’s Substantive Claim Of Forced Confession
4. Correcting Saul Kassin’s Massively Inaccurate Description Of Amanda Knox’s So-Called Confession
5. Passage from Amanda Knox Book Quoting Kassin As Explaining Her “Mental Condition”
If it would help I will need to be soon in Boston and could sit with you. I can also suggest several experts that you might like to consult with.
Kind regards
Peter Quennell
Editor True Justice
Biography
[Everything in this letter applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]
Rebutting Saul Kassin’s Substantive Claim Of Forced Confession
Posted by Fuji
This was first posted on 12 January 2011 (see 30+ comments under that post). It shows in effect that EVEN IF the timeline on the night of Knox’s “confession” in which she actually blamed Patrick Lumumba resembled Saul Kassin’s fantasy timeline there is no sign that Amanda Knox is one of the very few with the “right” psycho-sociology to cave quickly under police interrogations.
My original post pre-dates by some month Dr Kassin’s erroneous, self-serving claims to Seattle radio and CBS 48 Hours, and by over a year his misleading KEYNOTE address (scroll down) to the John Jay College global conference last month (see page 31 of the program).
We don’t know yet when Saul Kassin’s submission to the Hellman court via Amanda Knox’s lawyers was made, or the nature of its impact on judges and jury, if any. Dr Kassin is welcome to try to explain all of Amanda Knox’s other “confessions” as described here. Also to try to explain all of Sollecito’s “confessions” as described here.
Meredith’s case is absolutely riddled with fabricated false myths.
They are now found by the hundreds on some misleading websites, and they simply make experienced law enforcement and criminal lawyers laugh.
For example “Police had no good reason to be immediately suspicious of Knox simply because the murder occurred at her residence”. And “The double-DNA knife is a priori to be disregarded as evidence, because no murderer would retain possession of such a murder weapon.”
One of the most strident and widespread myths is that Amanda Knox’s statements to the Perugian investigators on 5 and 6 November 2007, placing her at the scene of Meredith’s murder, are to be viewed as the products of a genuinely confused mind imbued with a naïve trust of authority figures.
The apparent certainty with which many of Amanda Knox’s most vocal supporters proclaim that Knox’s statements are actual “false confessions” as opposed to deliberate lies is not supported by even a cursory reading of the pertinent academic literature regarding false confessions.
What actually are “false confessions”?
Richard N. Kocsis in his book “Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences” (2009), on pages 193-4 delineates three different kinds of false confessions:
First, a voluntary false confession is one in which a person falsely confesses to a crime absent any pressure or coercion from police investigators….
Coerced-compliant false confessions occur when a person falsely confesses to a crime for some immediate gain and in spite of the conscious knowledge that he or she is actually innocent of the crime….
The final type, identified by Kassin and Wrightsman (1985), is referred to as a coerced-internalized false confession. This occurs when a person falsely confesses to a crime and truly begins to believe that he or she is responsible for the criminal act.
The first problem facing Knox supporters wishing to pursue the false confession angle as a point speaking to her purported innocence is epistemological.
Although much research has been done on this phenomenon in recent years, academics are still struggling to come to terms with a methodology to determine their incidence rate.
The current state of knowledge does not support those making sweeping claims about the likelihood of Knox’s statements being representative of a genuine internalized false confession.
As noted by Richard A. Leo in “False Confessions: Causes, Consequences, and Implications” (Journal of the American Academy of Psychiatry and the Law, 2009):
Although other researchers have also documented and analyzed numerous false confessions in recent years, we do not know how frequently they occur. A scientifically meaningful incidence rate cannot be determined for several reasons.
First, researchers cannot identify (and thus cannot randomly sample) the universe of false confessions, because no governmental or private organization keeps track of this information.
Second, even if one could identify a set of possibly false confessions, it is not usually possible as a practical matter to obtain the primary case materials (e.g., police reports, pretrial and trial transcripts, and electronic recordings of the interrogations) necessary to evaluate the unreliability of these confessions.
Finally, even in disputed confession cases in which researchers are able to obtain primary case materials, it may still be difficult to determine unequivocally the ground truth (i.e., what really happened) with sufficient certainty to prove the confession false.
In most alleged false-confession cases, it is therefore impossible to remove completely any possible doubts about the confessor’s innocence.
The next problem Knox supporters face is that, even allowing for an inability to establish a priori any likelihood of a given statement being a false confession, the kind of false confession which is usually attributed to Knox is in fact one of the LEAST likely of the three types (Voluntary, Compliant, and Persuaded, as Leo terms the three different categories) to be observed:
Persuaded false confessions appear to occur far less often than compliant false confessions.
Moreover, despite assertions to the contrary, Knox and her statements do not in fact satisfy many of the criteria researchers tend to observe in false confessions, particularly of the Persuaded variety:
“All other things being equal, those who are highly suggestible or compliant are more likely to confess falsely. Individuals who are highly suggestible tend to have poor memories, high levels of anxiety, low self-esteem, and low assertiveness, personality factors that also make them more vulnerable to the pressures of interrogation and thus more likely to confess falsely…
Highly suggestible or compliant individuals are not the only ones who are unusually vulnerable to the pressures of police interrogation. So are the developmentally disabled or cognitively impaired, juveniles, and the mentally ill….
They also tend to occur primarily in high-profile murder cases and to be the product of unusually lengthy and psychologically intense interrogations… ordinary police interrogation is not strong enough to produce a permanent change in the suspect’s beliefs.
Most significantly, there is one essential element of a true Persuaded False Confession which in Knox’s case is highly distinctive:
To convince the suspect that it is plausible, and likely, that he committed the crime, the interrogators must supply him with a reason that satisfactorily explains how he could have done it without remembering it.
This is the second step in the psychological process that leads to a persuaded false confession.
Typically, the interrogator suggests one version or another of a “repressed” memory theory.
He or she may suggest, for example, that the suspect experienced an alcohol- or drug-induced blackout, a “dry” blackout, a multiple personality disorder, a momentary lapse in consciousness, or posttraumatic stress disorder, or, perhaps most commonly, that the suspect simply repressed his memory of committing the crime because it was a traumatic experience for him.
The suspect can only be persuaded to accept responsibility for the crime if he regards one of the interrogators’ explanations for his alleged amnesia as plausible.
Knox did not in fact claim drug or alcohol use as the source of her amnesia - rather, she claimed to have accepted the interrogators’ attribution that this was due to being traumatized by the crime itself, and she offers no other explanation for her selective amnesia:
This is from Knox’s statement to the court in pretrial on 18 October 2008 with Judge Micheli presiding.
Then they started pushing on me the idea that I must have seen something, and forgotten about it. They said that I was traumatized.
Of course, Knox’s initial statement went far beyond being that of being merely a witness to some aspect of Ms. Kercher’s murder, as the interrogators at first seemed to believe was the case.
Rather, her statement placed her at scene of the murder during its actual commission while she did nothing to avert it, which naturally made her a suspect.
In other words, in the absence of any of her other testimony which indicated that she was only a witness to the murder, her own self-admitted rationale for providing a false confession was that she was traumatized by the commission of the murder itself.
Perugia judges will be familiar with all of the above and we can be sure that they brief the lay judges on the remote circumstances and incidences of false confessions.
If I were a Knox defense attorney, I would find it to be a far more fruitful line of argumentation to argue that she was simply lying, rather than claiming the supremely unlikely provision of an actual internalized false confession.
**********
First posted by Fuji on 12 January 2011. Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.
Saul Kassin: An Example Of How The Knox Campaign Is Misleading American Experts And Audiences
Posted by The Machine
It has happened again and again.
Seemingly good, well-qualified lawyers and experts in police science have repeatedly been made to surface to spout inanities and wrong “facts” put out courtesy of Curt Knox’s “public relations” campaign.
It seems that Dr Saul Kassin is yet another of these naive dupes.
Who is Dr Saul Kassin?
The Social Psychology Network website states that he is a Distinguished Professor of Psychology at the John Jay Criminal Justice College in New York City. The website outlines his impressive academic credentials which include a Ph.D. from the University of Connecticut.
Curt Knox’s chief hatchet man Bruce Fischer, himself notoriously unqualified in every field relevant to the case who for a long time masqueraded pompously under a false name, claimed on his website that Saul Kassin gave help to Amanda Knox’s lawyers in Perugia.
Also that his work was presented to the court during the 2011 Hellman appeal.
Many may not know this but Sarah was instrumental in bringing Kassin in to analyze Amanda’s interrogation. His work was presented during the appeal..
The family had asked that we not release Kassin’s work to the public until they received clearance from the attorneys. I know I often state that this case is over but the attorneys rightfully want to keep everything professional until the Italian Supreme Court confirms Hellmann.
Last October, Saul Kassin did speak at length about Amanda Knox’s interrogation in an interview with John Curley on Radio Kiro FM.
In this post we’ll examine ten of the false claims which have long been circulated by Curt Knox’s campaign, with Bruce Fischer’s site as the central clearing house, and which were regurgitated by Saul Kassin in that interview.
False Claim 1: They brought her in for that final interrogation late at night.
No they didn’t.
Neither the police nor the prosecutors brought Amanda in for questioning on 5 November 2007. Amanda Knox herself testified in court that she wasn’t called to come to the police station on 5 November 2007.
Carlo Pacelli: “For what reason did you go to the Questura on November 5? Were you called?”
Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”
Amanda Knox went with Raffaele Sollecito because she didn’t want to be alone. Kassin’s false claim is the first red flag that Saul Kassin is very confused or has been seriously misled when it comes to this well-documented and well-handled case.
False Claim 2: The so-called confession wasn’t until 6:00am.
No it wasn’t.
If Saul Kassin had actually read Amanda Knox’s first witness statement, he would have known that it was made at 1:45am. Knox had admitted that she was at the cottage when Meredith was killed some time before this.
False Claim 3: She was interrogated from 10:00pm to 6.00am.
No she wasn’t.
According to the Daily Beast Amanda Knox’s questioning began at about 11:00pm.
Since Knox was already at the police station [in the company of Raffaele Sollecito] the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m.
After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. That was it.
However, Amanda Knox herself then wanted to make further declarations and Mr Mignini who was on duty on the night sat and watched while Knox wrote out her declarations.
Mr Mignini explained what happened in his email letter to Linda Byron, another who was factually challenged.
All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.
In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.
But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful.
According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.
Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.
In Amanda Knox’s written witness statement, she explicitly states that she’s making a spontaneous declaration:
Amanda Knox: “I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called “Le Chic” located in Via Alessi where I work periodically.
False Claim 4: They banged her on the back of the head.
No they didn’t.
All the numerous witnesses who were actually present when Amanda Knox was questioned, including her interpreter, testified under oath at trial in 2009 that she wasn’t hit. She has never identified anyone who hit her and on several occasions confirmed that she was treated well.
Even one of Amanda Knox’s lawyers, Luciano Ghirga, confirmed that Amanda Knox had not been hit: “There were pressures from the police but we never said she was hit.” He never ever lodged a complaint.
False Claim 5: All the other British roommates left town.
No they didn’t.
The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. In chapter 19 of Death in Perugia, John Follain states that Sophie Purton was questioned by Mignini and Napoleoni in the prosecutor’s office on 5 November 2007.
Sophie had been counting on leaving Perugia to fly back home as soon as her parents arrived, but the police called to tell her they needed her to stay on; they would let her know when she could leave.
False Claim 6 : Amanda Knox stayed back to help the police.
No she didn’t.
This claim is flatly contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she categorically stated she was not allowed to leave Italy.
i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house
Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost reported the following conversation (The Massei report, page 37),
I remember having heard Amanda speaking on the phone, I think that she was talking to a member of her family, and I heard her say, No, they won’t let me go home, I can’t catch that flight.
It’s not the first time that the myth that Knox chose to stay behind rather than leave Italy has been claimed in the media. And incidentally, lying repeatedly to the police isn’t normally considered to be helping them.
False Claim 7: Amanda Knox had gone 8 hours without any food or drink.
No she hadn’t.
Reported by Richard Owen in The Times, 1 March 2009
Ms Napoleoni told the court that while she was at the police station Ms Knox had been ‘treated very well. She was given water, camomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.’
Reported by Richard Owen in The Times, 15 March 2009.
Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.
John Follain in his meticulous book Death in Perugia, page 134, also reports that Knox was given food and drink during her questioning:
During the questioning, detectives repeatedly went to fetch her a snack, water, and hot drinks including camomile tea.
False Claim 8: The translator was hostile towards Amanda Knox.
No she wasn’t.
Saul Kassin offers no evidence that the translator was hostile towards Amanda Knox and there is no evidence that this was the case. Nobody at the questura has claimed this. Amanda Knox’s own lawyers have not claimed this.
Even Amanda Knox herself has never ever claimed that Anna Donnino was hostile towards her although she had every opportunity to do so when being questioned on the stand.
False Claim 9: The translator was acting as an agent for the police.
No she wasn’t.
Saul Kassin offers no evidence to support this claim, which by the way in Italy is the kind of unprofessional charge that incurs calunnia suits. Do ask Curt Knox.
False Claim 10: The police lied to Amanda Knox.
No they didn’t.
The police didn’t mislead Amanda Knox. They told her quite truthfully that Sollecito was no longer providing her with an alibi, and that he had just claimed in the next interrogation room that that she wasn’t at his apartment from around 9:00pm to about 1:00am.
This also is the kind of unprofessional charge that incurs calunnia suits
Some Conclusions
Saul Kassin clearly hasn’t been directed to any of the official court documents like the Massei report, available in accurate English on PMF and TJMK, or the relevant transcripts of the court testimony.
Worse, he clearly hasn’t even studied Amanda Knox’s own witness statements before claiming to the media that they were coerced.
What he seems to have done is to fall hook line and sinker for the fantasy version of Amanda Knox’s interrogation which has been propagated in the media by Amanda Knox’s family.
He has then mindlessly regurgitated this false information in this interview. For somebody with Saul Kassin’s academic qualifications and educational background, it’s inexcusable that he gets so many facts wrong.
He needs to use much more reputable sources or, as so many other dupes before him have done, simply shut up. Of course, it would be professional for him to admit his mistakes.
He is welcome to do that right here.
[Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]
[Below: Dr Jeremy Travis the president of John Jay College of Criminal Justice in NYC]
Our Letter To Rocco Girlanda, Parliamentarian For Gubbio In Umbria, Concerning His Amanda Knox Book
Posted by Our Main Posters
[Above: the 630-seat Chamber of Deputies in the Italian Parliament of which Mr Girlanda is a junior member]
Original by hard copy in English with a hard copy in Italian to follow
Mr. Rocco Girlanda
Parliamentarian for Gubbio in Umbria
Chamber of Deputies
Parliament of Italy
Rome, Italy
Dear Mr. Girlanda:
Questions Concerning Your Hurtful Behavior Toward The Family and Friends Of Meredith Kercher
And Also Concerning Your Ethics, Your Politics, Your Legal Behavior, And Your Personal Behavior
Your book Take Me With You ““ Talks With Amanda Knox In Prison” is leaving readers with a number of disturbing questions as to your motives, timing and interests in writing the book and publishing it at this time.
These questions concern whether your book - or at least its publication right now, directly before the important first level of appeal - is in fact very unethical, and they also concern the appropriateness of the nature of your relationship with Miss Knox.
In order to put these these questions to rest, we are sure that you will be eager to know what they are, and to respond to them in your best way possible. We’d be pleased if you would reply to us through our return address, or - given the public nature of this discussion - email it for posting directly on the TJMK website.
Here are the questions we have assembled. Again, we thank you in advance for your replies:
- Do you believe in the separation of the executive, parliamentary and judicial branches of government? Since you are a parliamentarian (and, in particular, a member of the judiciary committee), do you think that the publishing of your book at this time could be seen as being inappropriate, given the calendar of Amanda’s appeal for her murder conviction, as well as the ongoing trial for slander (for having accused the Perugian police of hitting her during questioning)?
- When you visit prisons in your role as a parliamentarian, what is your main objective: perform an independent check and control over prison conditions, or befriend prisoners? After how many visits to Capanne prison did you realise that you had established a friendship with Miss Knox? How often do you visit prisons in Italy? Which other prisons have you recently visited? Do you visit men’s prisons? Do you regularly give gifts to prisoners, like the books or the computer you gave to Amanda? If you consider that the computer was not a personal gift but rather from the Italy-USA Foundation of which you are president, which other American prisoners in Italian prisons have received such gifts? Which criteria does the Foundation follow in deciding who receives gifts? (for example, prisoners who have expressed repentance, or prisoners who have to use free legal aid due to financial penury, or prisoners who contribute to awareness programs to help others avoid similar crimes in the future ....).
- As president of the Italy-USA Foundation, you have expressed concern that this case has strained relations between the two countries. Have you spoken with the US Embassy in Rome about your concern? Within the framework of Italian-US relations, are there any other issues which you think come close to your-perceived significance of Amanda’s involvement in murdering Meredith Kercher? (for example: Italy’s middle east policy concerning talks with Palestinian organisations, or discussions about the acceptance by Italy of Guantanamo inmates, or the ongoing state of Fiat-Chrysler relations and investments, or the rooting out of organised crime, or even Berlusconi’s joke about Obama being handsome and suntanned?)
[Above: the historic small township of Gubbio north-east of Perugia which Mr Girlanda currently represents]
- In your over 20 parliamentary privilege meetings with Amanda Knox, did she ever act in a bizarre manner, like performing cartwheels for you? Why didn’t you ever ask her about her murdered roommate, Meredith Kercher or in general about the crime? Can your book really be of any interest to anyone if it only contains bits and pieces of poetry and banal conversation, without linking Amanda to the case which has put her into jail? How can your book come close to one of its supposed objectives - that of trying to understand how a young person could be involved in a violent crime such as that of Meredith Kercher’s murder - it you make no reference to the crime?
- You have stated that you have daughters similar to Amanda Knox. In what ways are your daughters comparable to Amanda? Studies? Personal life and use of drugs, or social habits with the opposite sex? Some other way?
- Amanda wrote you a letter (amongst others) on 7 August 2010, where she tells you in Italian, “The only thing I can show you is my gratitude for your friendship and your support.” What is the extent and what are the characteristics of this friendship and support? Is Amanda’s gratitude one-sided, from the perspective of an emotionally weak prisoner who becomes dependent on any stranger who shows her the slightest kindness, or do you mutually share this friendship which she describes, between the two of you? Do you know if Amanda’s Italian legal team are aware of the extent of your friendship? Do you think that your friendship may actually somehow complicate her legal situation and strategy?
- You describe an affectionate hug between you and Knox: “I blush. She holds me, I hold her. It’s a never ending embrace, without a word. If I said I didn’t feel any emotion I would be lying. Maybe my face reveals that.” is what was quoted in the Daily Mail. Have you ever told a priest, psychologist, psychiatrist, social worker, drinking buddy or your wife about your physical contact with Amanda and your nocturnal dreams which involve her? If so, what advice have they given you?
- Did you attend any of the Knox-Sollecito trial sessions over the course of the year that it was held? (it would have been easy: you could have taken advantage of visits to your parliamentary constituency, just as you have found it easy to visit Amanda in jail). Are you familiar with the evidence? Are you aware that there are two other persons convicted for the same crime together with Amanda? Do you know if - like her - they write poetry and want to be parents when they are freed from prison (a number of years from now)? Do such desires for life under regained freedom make any convicted prisoner less guilty of the crimes they have committed?
- Do you feel that there were any specific errors or problems with the investigation in this case which you believe may contribute to an incorrect verdict and sentence for the three suspects? Did Amanda get a fair trial compared to any other similar crime investigation and legal process in Italy?
- Are you able to offer an explanation as to why not once have the Kerchers and their lawyer, Francesco Maresca, ever been worried about the trial outcome? After three years, why is it that Francesco Maresca still has no worries and is confident that the convicted will lose their appeals?
[Above: Mr Girlanda with images of herself by Amanda Knox released about simultaneously with his book]
- Do you believe that any of the investigation or judicial officials involved in this case are corrupt, or that any type of corruption played a role in their activities? Don’t be shy, please identify those who did wrong amongst Prosecutor Giuliano Mignini, Prosecutor Manuela Comodi, Judge Claudia Matteini, Judge Paolo Micheli, Judge Giancarlo Massei, Judge Beatrice Cristiani, the six lay judges, Appeals Judge Emanuele Medoro, Homicide Chief Monica Napoleoni, Inspector Rita Ficarrra, DNA expert Patrizia Stefanoni, or any other person involved in this complex case. Was there a conspiracy of corrupt officials who directed an evil campaign against an obviously innocent girl with no real evidence against her?
- As a followup to the prior question, do you know that not one credible international attorney or professor of comparative criminal law and procedure has taken the defense of Amanda Knox, claiming injustice in the Italian judicial system? Do you agree that the Italian criminal system is fair, balanced and completely pro-defendant?
- Do you know that Italian citizens constantly complain of their relaxed criminal laws and that criminals are constantly set free even after being sentenced on appeal while waiting for the confirmation of the Cassation Court? For example, little Tommy would still be alive if Mario Alessi had been kept in prison after being convicted on appeal for raping a minor. As a politician, don’t you think the law should be changed by keeping violent criminals in jail after being convicted on appeal, in order to guarantee the security of the citizens of the country you represent?
- Do you know that the Italian attorneys of Amanda Knox don’t approve of this media propaganda perpetuated by the Knox-Mellas clan, that seems intent on spreading falsehoods and misinformation, while at the same time blaming an entire country (the one you represent in parliament) for an alleged “wrongful conviction”?
- In promoting your book, you have stated that during your more than 20 meetings with convicted murderer Amanda Knox, a “friendship” has grown. Would you classify that as a friendship of convenience or a friendship based on caring for the interests of the other? We ask that because it truly shocks us that Knox’s Italian legal team was humiliated, and Knox herself was deprived professional legal advice and support through the publication of your book without it being vetted by her lawyers. “She is very worried,” said Knox’s lawyer Luciano Ghirga, declining to comment on the book which he said he has not seen. “She is not at her best. She is very worried” ahead of the appeal, he added. Although the book will likely change little in Knox’s legal predicament, I would have thought that a “friend” who was also a law-maker would realise the importance of consulting the other friend’s lawyers concerning the possible fallout of a personal literary initiative such as yours.
- Do you know that the American Embassy has followed this case from day one and reported to the State Department? Do you know that the Embassy stated that the trial was fair? Do you know that the State Department never expressed concerns about the outcome of the trial?
- Do you know that the only American politician that once spoke out regarding this trial was Mrs. Maria Cantwell from Seattle when she asked Mrs. Clinton to verify if Italy is a third-world country with a barbarian criminal system and if Amanda Knox was sentenced only because she is an American citizen?
- How did you and your associate Corrado Maria Daclon prepare his list of contacts that he met with in his trip to Seattle when you were writing your book? Did some person or persons arrange for meeting with these contacts? Was this person associated with the Knox-Mellas Entourage?
- Have you ever read the 430-page Sentence Motivation Report (“Dispositivo Della Sentenza Di Condanna”) written by Judge Massei who presided over the Knox-Sollecito trial? Do you know that there is overwhelming evidence against Amanda Knox and that the information spread out by the expensive PR team, hired by the Knox family, is neither a complete nor trustworthy story?
[Above: Giulia Bongiorno. Concern that Rocco Girlanda has gone way beyond what is appropriate to his parliamentary privilege to visit prisons “to inspect conditions” is further inflamed by his presence on the Italian parliament’s Judicial Committee. This committee, amazingly, is presided over by Raffaele Sollecito’s lead defense lawyer: Giulia Bongiorno. Is Giulia Bongiorno turning a blind eye to Mr Girlanda’s extraordinary number of visits, which seem highly abusive of his privilege, and exceed the quota of any family member?]
- Do you know that the vast majority of Americans have no idea of who Amanda Knox is? For example, if you look at the number of hits on videos posted by the Knox clan on YouTube, you would discover that few hundred people have visited the site. Also, do you know that the vast majority of Americans that have heard about this case think she’s guilty?
- Do you know who Steve Moore is? As President of the of the Italy-USA Foundation, do you, Mr. Girlanda, approve the insulting assertions of Mr. Moore when he says that the Italian police questioning of Amanda is typical of a “third world country”? That is was “something close to water-boarding”? Do you know that Steve Moore said that Amanda’s accusation of Patrick Lumumba, an innocent man, was “recanted by Amanda as soon as she had gotten some food”? Do you know that this weird individual said that “the court of final appeal is going to be the press. It’s going to be the public”?
- Have you ever read or seen Steve Moore on American national television? Do you know that he has been interview by all major American television news stations, spreading falsehoods and misinformation? Do you know that Mr. Moore has been accusing Italy as a whole as been responsible for what he calls a “wrongful conviction”, in a “railroad job” by a “psychopathic prosecutor”? Do you agree with him?
- Of the crime scene, Steve Moore said that “there was blood everywhere. There were foot prints, fingerprints, palm prints, hair, fluid samples, DNA of just one person: Rudy Guede”. Do you know that Rudy Guede left very little evidence for someone who has admitted been there and touching everything? Do you know that Guede left no hairs, no saliva, no sweat, no blood, and no other bodily fluid at the scene of the crime? Do you know that Amanda Knox and Raffaele Sollecito left plenty of DNA evidence and footprints all over the crime scene? Do you know that Steve Moore is telling falsehoods? Do you know that the motivation report clearly explains, without a minimal doubt, that more than one person was present during the murder of poor Meredith? (Please do read Judge Massei’s report)
- Steve Moore says that the interrogation of Amanda Knox at the police station “was the most coercive interrogation I have ever seen admitted into a court in the last 20 years”. Do you know that the interrogation at the police station on the evening of November 5, 2007, before the arrival of the prosecutor, was just 1 hour and 45 minutes and that Amanda was treated like any other witness that had just been caught lying?
- Have you ever visited Raffaele Sollecito or Rudy Guede in jail and are you planning to write a book on them as well?
- We have just heard that the bound edition of your Amanda Knox book has been pushed by the conservative publisher at least as far away as next spring. Could this be cold feet on the part of your publisher, who may not want to be associated with the public relations campaign of a convicted killer? Or of a disaster in terms of predicted sales? Your agent Patrick King seems in a furious rush now to get the book out one way or another for Christmas .... who on earth would want to give a Christmas gift to a friend or loved one which is composed of bizarre sweet talk with a convicted murderess?
- Are you even slightly aware of the deep hurt which you have caused to the Kercher family and Meredith’s many friends with your book? Do you know that some persons with great sympathy for them have words for you like “a pretty cruel heartless bastard”?
Finally, Mr. Girlanda - and we thank you for your patience in responding to these questions, which many concerned Americans and non-Americans have helped us compile - you have indicated that the proceeds from the sale of this book will go to the U.S.A.-Italy Foundation of which you are president.
If this budget injection is not used to make gifts of additional computers for more American prisoners in Italian jails beyond Amanda Knox, would you please consider applying part of the book proceeds to the new scholarship that the Perugia city council has established together with the University for Foreigners, in memory of Meredith Kercher?
It would be a wonderful gesture which would respond positively to those many Americans and non-Americans who are concerned that Amanda Knox’s conviction for the murder of Meredith should not be spinned into a money-grubbing show-business performance, where the only victim of this case - Meredith - is forgotten, and instead through some sort of twisted publicity campaign, one of the guilty parties is converted into a sympathetic Mother Theresa who escapes fully responding for her crimes.
The original of this letter in English and Italian has been emailed and sent in hard copy to your office in Rome. We greatly look forward to your various responses and will be happy to post them in Italian and English here.
Very many thanks in advance from people all over the world who are seeking true justice for Meredith
Signed in the original for the Main Posters Of TJMK
Who include a number of American and Italian lawyers
Rocco Girlanda’s Strutting Manic Grinning Intrusion Now Makes Him A Target In Italian Politics
Posted by Cesare Beccaria
This below is the statement made by Maurizio Ronconi, an Italian parliamentary of UDC (elected in the electoral college of Umbria) after the announcement of the upcoming publication of a book on Amanda Knox written by Rocco Girlanda, a fellow parliamentary of the political party of Berlusconi.
Amanda Knox should be spending her time in prison, as she was sentenced to 26 years on first instance. There is no need to manipulate and exploit an event (that is still to be fully clarified) that has seen the tragic death of a young girl, an attempt to blame an innocent person and that has also inflicted a very serious damage to the image of Perugia University
The Honorable Maurizio Ronconi is right. Writing a book on a convicted murderer, portraying the “humane side” of the killer, just weeks before the beginning of her appeal process, is simply tasteless. To say the least. Writers usually write books on the killer’s life, trying to understand their mental state and the reason behind their actions. Instead Girlanda writes something close to an imaginary love story with a young woman convicted on first instance for the worst of crimes. Mr Ronconi added:
As of today, Amanda Knox is not a heroin but a murderer and as such she should be treated, without begging for forgiveness and certainly not claiming that she was a victim of anti-Americanism”, affirmed Ronconi. He also added that “members of Parliament are allowed to visit prisoners [in order to hear about their living conditions behind bars], but it’s outrageous to report the contents of such visits in books and publications when [personal] opinions have already been verified and judged by a court of law.
Mr. Girlanda claims that his book does not discuss the trial and that he does not enter into the merit of the judicial case. He claims that he never met Amanda’s family nor has he ever met her attorneys. He does however acknowledge that the Knox family has hired a PR team, but claims that he never met them either.
But Mr. Girlanda has recently posted a couple of videos on his own account on YouTube under the name “StaffGirlanda”. In one of the videos he posted Girlanda appears right after Steve Moore, who claims he was an FBI Special Agent, when interviewed by NBC.
Why is Mr. Girlanda associating himself with a person (Steve Moore) that has clearly proven to have a very superficial knowledge about this case? Why is he posting, on his own YouTube channel named “StaffGirlanda”, a video from NBC that immediately connects his image with a person that constantly appears on American television to bash and accuse, with silly arguments, an entire country, without knowing the basic facts regarding the murder of Meredith Kercher?
There obviously must be some sort of connection between the two. He could have chosen to post the NBC video of his interview and cutting out the other individual, but he didn’t. The video can be viewed here:
Mr. Girlanda claimed that his actual intention was that of regaining ties with the United States, which, according to him, have been weakened after the conviction of Amanda Knox. But Girlanda should know that, although the family of Amanda Knox have hired a PR team to spread lies and misinformation to the American public, their effort had almost zero impact on the American public at large - very few people in the United States have heard of Amanda Knox or are able to associate her to an event - and no impact at all on the Federal Government..
Although the Knox PR campaign team managed to procure interviews on national television, they were never able to obtain the support of ANY reputable American or international professional and expert in criminology, genetics, forensics and comparative law.
Rocco Girlanda added that he hears “echoes of anti-Italianism from America”, and that was one of the reasons for writing the book. If that was even the case what good would it do to write a love novel about an American girl convicted for murder? Does Mr. Metternich really think that his book is going to improve the diplomatic ties of the two governments (which, obviously, have never been even slightly touched by this case)?
Girlanda should know the U.S. Embassy has followed this trial from the very beginning and has already spoken to State Department. The Knox family was told that the trial was obviously fair and that the Italian criminal system is very accurate and very pro-defendant. They know that she was lucky to have been trialed in Italy, where criminals receive short prison sentences and sometimes (unfortunately) literally get away with murder.
Mr. Girlanda should read some books on international relations instead of writing novels. He should also learn some basic concepts of the principle of the division of power. He will understand that the executive (and legislative) branch is completely independent from the judiciary and that politicians must not interfere in any judicial procedure, directly or indirectly.
With his novel praising an American convicted murder, Mr. Girlanda, from his personal perspective, tries to gain some “sympathy” from the United States. This “useful idiot” has a hard time understanding that in America no one knows who he is and that no one cares about him nor about Amanda Knox. If he wants to do something useful in his life he should write a book about the injustice perpetuated against Carlo Parlanti and Chicco Forte: two clearly innocent people convicted in California and Florida without the slightest proof whatsoever. In Washington State, Amanda Knox would be on death row by now with only one tenth of the evidence.
Amanda is lucky to be trialed in Italy. She has excellent attorneys that are doing a great job in defending her difficult case in a court of law. She does not need the help of politicians, marketing companies, alleged ex-FBI agents and other bizarre characters. At first, her attorneys ignored and reluctantly tolerated this media circus orchestrated by the PR company engaged by the Knox family, as long as it was kept out of the Italian media. Recently, on several occasions, Amanda’s attorneys have expressed their explicit disapproval of all this media folly, which is certainly not helping Amanda’s case in court (which is where she will be judged on appeal).
Italy should be having general elections within six months. For the disgraceful content of his book, Mr. Girlanda, as a politician, will soon have to respond to his constituency, which in Umbria are not exactly sympathetic to Amanda Knox.
PS: Steve Moore said that he’s “not going to gain anything out of this. I’m not going to write a book. Anybody who gains off of this has some answering to do”. And he adds “I cannot imagine somebody who gets a book deal or a movie deal over this”. Does Mr. Girlanda approve this message?
Ten Examples Of How The Former Campus Cop Steve Moore Serially Mischaracterizes The Case
Posted by The Machine
1. The Chronic Chest-Thumper
A couple of weeks ago Steve Moore was frogmarched out of his workplace on the campus of Pepperdine University and told not to come back.
Although Pepperdine apparently offered him a deal for his resignation, he refused, and so he probably departed with only the minimal severance entitlements in his contract. Now he is suing Pepperdine, presumably to see if he can get a little bit more.
Steve Moore has been rather plaintively claiming since the firing that he did nothing wrong, except to avidly support the innocence of Amanda Knox in his own time. No mention of his confused take on the case or of Pepperdine’s exchange students in Italy who must rely on the police Moore delights in trashing.
We suspect that a lot of things about his confused, hurtful and ebullient campaign reached the front office of Pepperdine University and its Law School, and that some or many of these things may come out in the open when Steve Moore’s suit goes to court. Our next post will contemplate what some of these things may be.
2. Moore Adrift On Hard Facts
It’s not a secret at all to those involved in handling the case in Perugia and Rome (where Moore is much ridiculed) and presumably now at Pepperdine (which has a very good law school, one capable of correctly absorbing the Massei report) is how Steve Moore is serially unable to get the facts right.
His media interviews have followed the very familiar PR script. The presenter or journalist begins by really talking up Steve Moore’s 25-year career with the FBI as one of the FBI’s really big stars! Then going to to emphasize how Steve Moore has REALLY done his homework on this case! On the NBC Today Show, for example, it was claimed that Steve Moore has studied “every iota of evidence”! Reporter Linda Byron stated on Seattle’s King 5 TV that he had obtained the trial transcripts and the police and autopsy records! And Moore had all of them translated into English!
The intended message is clear: Steve Moore is an exceptionally credible professional expert in all the relevant fields! He knows this case inside out because he has researched it absolutely meticulously!
In this piece, we will compare just a few of the many claims that Steve Moore has made - here in interviews with Frank Shiers on Seattle’s Kiro FM Radio, with Ann Curry on the NBC Today Show, with George Stephanopoulos on ABC News, and with Monique Ming Laven on Seattle’s Kiro 7 TV - with the real facts, as described in the Massei report and the witness testimony from the trial.
3. Ten Of The Oft Repeated Lies By Moore
Frequent Moore Lie 1: The large knife doesn’t match the large wound on Meredith’s neck.
Steve Moore has repeatedly claimed in interviews with for example Frank Shiers, Ann Curry and Monique Laven that the double DNA knife doesn’t match the large wound on Meredith’s neck.
Untrue. Prosecution experts, multiple defence experts and Judge Massei in his report have all agreed that the double DNA knife DID match the large wound on Meredith’s neck.
On these matters, the considerations already made must be recalled, which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound. (The Massei report, page 375).
Barbie Nadeau reported directly from the courtroom in Perugia that multiple witnesses for the defence, including Dr. Carlo Torre, conceded that the double DNA knife was compatible with the deep puncture wound in Meredith’s neck.
“According to multiple witnesses for the defense, the knife is compatible with at least one of the three wounds on Kercher’s neck, but it was likely too large for the other two.” (Barbie Nadeau, Newsweek).
He (Dr. Carlo Torre, defence expert) conceded that a third larger wound could have been made with the knife, but said it was more likely it was made by twisting a smaller knife. (Barbie Nadeau, The Daily Beast).
For someone who has allegedly “studied every iota of evidence”, it seems that Steve Moore is doing nothing more than regurgitating a familiar FOA myth that has long been completely debunked.
He clearly hasn’t studied every iota of evidence. Very far from it.
Monique Ming Laven had a copy of the English translation of the Massei report. Warning bells should have gone off in her head as soon as Moore claimed the double DNA knife didn’t match the large wound on Meredith’s neck, and yet she didn’t challenge him.
Frequent Moore Lie 2: They want you to believe that Amanda Knox inflicted all three wounds on Meredith’s neck
Moore stated in an interview with George Stephanopoulos on ABC News that “they” claimed that Knox caused all three wounds on Meredith’s neck.
“What they’re having you, what they want you to believe is that in the middle of a life and death struggle, holding a girl who is fighting for her life. Amanda stabbing someone for the first time in her life, takes two stabs with a very small knife, throws it away and says give me the other one” (5.48 - 6.05)
Untrue. Neither the judges and jury nor the prosecution have ever claimed that Amanda Knox inflicted all three wounds on Meredith’s neck:
“Elements which lead one to consider that the 4cm in depth wound was inflicted by Raffaele Sollecito with the pocket knife that he was always carrying around with him, and was inflicted immediately after having cut the bra…” (The Massei report, page 374).
The following extract is from Mignini’s timeline, which was presented at the trial on 20 November 2009 by the prosecutors:
23.30 ...At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other however a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.
23:40 ...The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.
The timeline presented by the prosecutors during their summation was published in Il Messagero and other Italian newspapers. It was translated by main poster Tiziano and our other Italian speakers and posted on PMF and TJMK here.
Frequent Moore Lie 3: Meredith had no defensive wounds on her hands
Steve Moore told Frank Shiers on Kiro FM that Meredith had no defensive wounds on her hands.
Untrue. Moore clearly hadn’t read the autopsy report, or its summary in the Massei Report.
“They consist also in some tiny defensive wounds: one on the palm of her [396] right hand of a length of .6cm showing a tiny amount of blood; another on the ulnar surface of the first phalange of the second finger of the left hand, also of length .6cm; another on the fingertip of the first finger with a superficial wound of .3cm, and another tiny wound corresponding to the fourth radius.” (The Massei report, pages 369-370).
Frequent Moore Lie 4: Rudy left his hair and fluid samples on Meredith’s body.
Steve Moore has made this claim in interviews with Frank Shiers and George Stephanopoulos.
Untrue. Rudy Guede did not leave any hair or fluid samples on Meredith’s body. There is no mention of Rudy Guede leaving his hair or fluid samples on Meredith’s body in either the Micheli report or the Massei report.
Steve Moore is simply making things up or relying on false information.
Frequent Moore Lie 5: Amanda and Raffaele didn’t step in blood and that can’t be avoided
In his interview with Frank Shiers, Steve Moore claimed that Knox and Sollecito didn’t step in Meredith’s blood.
Untrue. The Massei report completely contradicts this claim. It notes that Amanda Knox stepped in Meredith’s blood and tracked the blood with her feet into her own room, the corridor, and Filomena’s room:
Even the traces highlighted by Luminol therefore show the existence of evidence against Amanda, making [the Court] consider that she, having been barefoot in the room where Meredith was killed and having thus stained her feet, had left the traces highlighted by Luminol (which could have resisted the subsequent action of cleaning, on which more will follow) and found in the various parts of the house which she went to for the reasons shown above (her own room, the corridor, Romanelli’s room). (The Massei report, page 382).
Judge Massei attributed the visible bloody footprint on the bathroom mat to Raffaele Sollecito and categorically ruled out the possibility that it could have belonged to Rudy Guede:
“Also from this viewpoint it must be excluded that the print left on the sky-blue mat in the little bathroom could be attributable to Rudy. A footprint that, for what has been observed in the relevant chapter [of this report] and for the reasons just outlined, must be attributed to Raffaele Sollecito…” (The Massei report, page 379).
The bare bloody footprint in the corridor, referred in the Massei report as trace 2, was attributed to Raffaele Sollecito:
In this particular case, they lead to an opinion of probable identity with one subject (Sollecito with respect to trace 2, Amanda Knox with respect to traces 1 and 7) and to the demonstrated exclusion of the other two. (The Massei report, page 349).
Frequent Moore Lie 6: None of the luminol prints or stains contained Meredith’s DNA
Steve Moore told Frank Shiers that Meredith’s DNA wasn’t found in any of the luminol prints or stains.
Untrue. Meredith’s DNA was found in the luminol traces in the corridor and in Filomena’s room.
Amanda (with her feet stained with Meredith’s blood for having been present in her room when she was killed) had gone into Romanelli’s room and into her [own] room leaving traces [which were highlighted] by Luminol, some of which (one in the corridor, the L8, and one, the L2, in Romanelli’s room) were mixed, that is, constituted of a biological trace attributable to [both] Meredith and Amanda…” (The Massei report, page 380).
Frequent Moore Lie 7: The prosecutor through fierce interrogation coerced Amanda into implicating someone else in the case
Steve Moore has made this claim on a number of occasions
Untrue. The prosecutor wasn’t even present when Amanda Knox first accused Diya Lumumba.
Dr Mignini was called to the police station after she had ALREADY admitted that she was at the cottage when Meredith was killed and after she had ALREADY made her false and malicious accusation against Lumumba.
Her implication of Lumumba was triggered by sight of a phone message she had denied. She had an interpreter with her at all times, and she had a lawyer present at all times after her status moved to that of a self-proclaimed witness.
Her own lawyers never ever claimed the interrogation was anything out of the ordinary (Italian law requires that lawyers report real claims of abuse), or that for a suspect she was treated less than kindly.
They never filed any complaint, contributing to her calunnia conviction, and making her situation at her slander trial in Florence in November one that is dire and untenable.
Frequent Moore Lie 8: Amanda Knox wasn’t given food or drinks when she was questioned by the police.
Steve Moore claimed on the Today Show and ABC News that Amanda Knox wasn’t given food or drinks when she was questioned.
Untrue. Monica Napoleoni testified that Amanda Knox was given things to eat and drink.
“Ms Napoleoni told the court that while she was at the police station Ms Knox had been “treated very well. She was given water, camomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.” (Richard Owen in The Times, 1 March 2009).
Amanda Knox even herself confirmed during her testimony at the trial that she was given something to eat and drink.
Frequent Moore Lie 9: Amanda Knox was interrogated in Italian on 5 November 2007
Steve Moore stated in his interview with George Stephanopoulos on ABC News that Amanda Knox was interrogated in Italian, a language he says she barely knew, on 5 November 2007.
Untrue. Interpreters were present at all sesions on 2, 3, 4 and 5 November and their names appear in the records Knox signed. Knox was provided with an interpreter, Anna Donnino, on 5 November 2007, who translated all the police officers’ questions into English for her and translated her answers back.
In Amanda Knox’s own testimony on the stand in June 2009, she even referred to this interpreter - she claimed the interpreter seemed to give her some advice at one point.
Frequent Moore Lie 10: Amanda Knox recanted her accusation against Diya Lumumba as soon as she got some food
Steve Moore has made this claim in numerous interviews and articles.
Untrue. Amanda Knox didn’t retract her accusation as soon as she got some food at all. In fact, she reiterated her allegation in her handwritten note to the police on 6 November 2007 which was admitted in evidence:
[Amanda] herself, furthermore, in the statement of 6 November 2007 (admitted into evidence ex. articles 234 and 237 of the Criminal Procedure Code and which was mentioned above) wrote, among other things, the following: I stand by my - accusatory - statements that I made last night about events that could have taken place in my home with Patrick…in these flashbacks that I’m having, I see Patrick as the murderer…”.
This statement, as specified in the report on it of 6 November 2007 at 2:00pm, by the Police Chief Inspector, Rita Ficarra, was drawn up, following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (The Massei report, page 389).
The Massei court took note of the fact that Amanda Knox didn’t recant her false and malicious allegation against Diya Lumumba during the whole of the time he was kept in prison. Later courts noted that she told her mother she felt bad about it.
4. Verdict On Steve Moore
He is either an incompetemt or a phoney. Either way he is not to be trusted.
His various surfacings smack of a Walter Mitty character making things up as he goes along, with an expression and a tone of voice that suggests he is thinking “Yes, folks, this REALLY is all about ME.”
He will save Knox! He will save Knox! Come what may!
Steve Moore has never ever addressed the numerous smoking-gun issues, like Knox’s and Sollecito’s many lies before and after 5 November 2007. It seems that perhaps he’s not even aware of them - he certainly seems to think Amanda Knox only lied on 5 November 2007.
Italian authorities worked hard and professionally in Perugia and Rome to get this case right. If he is ever to speak up again with any credibility at all, Steve Moore needs to read and actually understand the Massei report in its entirety.
It’s unforgivable for him to get so many facts wrong on so many occasions in front of large audiences, and then use those wrong facts to make multiple highly unprofessional accusations against the authorities in Perugia and Rome.
He would never have got away with this about a US case. He would have been held in contempt of court for trying to poison the jury pool.
And the journalists who get to interview him REALLY should have alarm bells going off when he comes out with his many fictions.
It was very remiss of Monique Ming Laven and Ann Curry not to challenge Moore over any of his false claims, such as the double DNA knife being incompatible with the large wound on Meredith’s neck. George Stephanopolous did at least make some small attempt to push back.
Steve Moore is not only oblivious to many facts about the case.
He seems totally oblivious to the real hurt that his cowardly, dishonest, self-serving campaign from across the Atlantic is inflicting on Meredith’s family and her friends.
The Prosecution’s Case Is VERY Formidable - Oops, It Makes No Legal Sense
Posted by Peter Quennell
(1) Ted Simon’s objective and accurate statements on the strength of the case against Amanda Knox (Dec 2008)
(2) Ted Simon’s shrill and misleading statements on the strength of the case against Amanda Knox (Feb 2010).
A Month Has Passed And Senator Cantwell Still Hasn’t Answered Constituents’ Hard Questions
Posted by Highly-Concerned Washington-State Voters
On December 9, 2009 five well-informed constituents of US Senator Marie Cantwell sent her an Open Letter.
It asked some questions about the reasoning behind her December 4th press release on the verdict in Meredith’s case.
The public release of this letter to Maria Cantwell garnered international attention, and it was quoted-from in various stories and reports published in Europe..
On December 10, a Cantwell Senate-office staff member in Washington DC, John Diamond, provided the one and only direct response to inquiries about it.
Mr Diamond claimed “Our staff has checked every possible in-box and not turned up the letter. We get lots of mail and email sent through to us every day, so I don’t know what the problem was. We now have your letter so it’s a mute point. We will get back to you.”
Rather bizarrely, on December 11th, Mr. Diamond then forwarded to the authors of the Open Letter a Knox/Mellas Family Press Release. It was issued by the paid Seattle PR man David Marriott, and Ms Cantwell’s office seemed to be endorsing it.
The release stated among other things, “We would like to publicly thank Senator Maria Cantwell for her support of Amanda, support of the family, and her continued work on our behalf.”
No other response has ever been received by the authors of that Open Letter, other than one auto-reply email from Mr. Diamond saying, “I will be out of the office through Labor Day.” (Labor Day is the first Monday in September, then a full nine months away.)
On December 15th the Seattle PI’s Andrea Vogt in her story “The debate continues over Knox’s guilt” reported that instead of repeating the harsh complaints of her press release, Cantwell’s spokesperson Katharine Lister was now saying this:
“Senator Cantwell believes that Amanda Knox deserved a fair trial, and now deserves a fair appeal by an impartial tribunal; all in keeping with the Council of Europe and the European Union’s treaties to which Italy has long been a signatory. While she certainly understands that the legal system and practice in Italy is different than in the U.S., she believes it is the responsibility of the U.S. government to press for fair treatment for any U.S. citizen facing legal jeopardy overseas. She will continue to press to ensure that Amanda gets a fair appeal, by an impartial tribunal.”
On December 24, 2009 the following new inquiry was sent to Senator Cantwell, reiterating the concerns of the original letter and a desire for a response from Senator Cantwell, and repeating the request to meet with Senator Cantwell herself or a senior member of her staff.
To this letter Senator Cantwell’s Seattle area constituents are still awaiting her reply more than two weeks later.
Dear Senator Cantwell:
Last December we submitted an Open Letter and had some contact with John Diamond regarding your press release concerning the Amanda Knox guilty verdict in Italy for the murder of Meredith Kercher. We have yet to receive a response other than an email from Mr. Diamond simply forwarding a press release from the Knox/Mellas Family. Five of your Seattle area constituents authored that Open Letter to question the reasoning behind statements made in your press release.
We did not feel as though we were well represented by that press release and are still awaiting a response to the issues we raised, including a request to meet with your Chief of Staff. Now that the holiday break is upon us I think it’s a great time to revisit these issues since we haven’t seen any additional press releases from your office and are left wondering if the situation has progressed or if you have adjusted your position on the issue of the Amanda Knox guilty verdict in light of ongoing events and news coverage.
As a recap, here are the key points from your press release and a few of our questions regarding the rationale behind your points:
1. “I have serious questions about the Italian justice system and whether anti-Americanism tainted this trial.”
If you are requesting a full briefing on the principles of Italian justice it seems that there are far better places to ask than in what might be construed as a xenophobic press release. To our eye, you seem to be suggesting that anti-Americanism in Italy is a serious ongoing problem and I am wondering what evidence you have to support this perception and, specifically, how it would apply to the Amanda Knox (American) and Raffaele Sollecito (Italian) murder trial.
2. “The prosecution did not present enough evidence for an impartial jury to conclude beyond a reasonable doubt that Ms. Knox was guilty.”
How can you justify making such a statement? You seem to be indicating here that you were following the case quite closely, but elsewhere you indicate that you weren’t. Do you state this as an opinion or as a fact? I am concerned because Curt Knox and Edda Mellas have been charged with defamation by the Italians for making similar unfounded accusations against the Italian justice system.
3.“Italian jurors were not sequestered and were allowed to view highly negative news coverage about Ms. Knox.”
What special knowledge do you have to make an informed critique of the Italian justice system? Our impression, having closely followed of the murder trial for Amanda Knox and Raffaele Sollecito, was that the jury behaved honorably and was somewhat restrained and lenient in issuing their ruling. We expect to find some justification for this impression in the lengthy and detailed summary of findings that the court will issue within 90 days of the ruling.
Regarding press coverage, our personal observation is that the media battle waged by the Knox family and David Marriott was, in fact, very effective in highlighting the concerns of the Knox family in outlets around the world, to the extreme point that whatever Curt Knox and Edda Mellas have to say about the murder case is reported verbatim, without question or verification. We also believe that media coverage during the lengthy trial itself focused heavily on the prospect of an “innocent” Amanda Knox and the weaknesses in the prosecutor’s case.
4.“Other flaws in the Italian justice system on display in this case included the harsh treatment of Ms. Knox following her arrest; negligent handling of evidence by investigators; and pending charges of misconduct against one of the prosecutors stemming from another murder trial.”
What specific systemic flaws are you referring to here, and in comparison to what system? We’re wondering what your specific recommendations would be to the Italian Foreign Minister and where you will find the time to research and author them.
While we’ve seen the claims of harsh treatment and abuse in the media we are unable to verify any of these allegations. We have noticed, however, that Amanda Knox has been charged with and investigated for making false allegations, and convicted in the instance of accusations made against her former employer Patrick Lumumba. Can you clearly detail any specific incident of harsh treatment Amanda Knox received, either before or following her arrest?
Can you provide specific examples of the negligent handling of evidence that clearly compromised Amanda Knox’s right to a fair trial? We have followed this case closely from the beginning and while certain investigative elements could have been better handled we are not aware of anything suggesting that the Italians are fundamentally incapable of properly documenting and evaluating a crime scene, or conducting a fully “fair trial” for that matter.
In addition, we would appreciate a detailed description of your understanding of the alleged charges against prosecutor Giuliano Mignini and the relevant connection you are trying to make between that legal proceeding and the Amanda Knox, Raffaele Sollecito murder trial.
In regards to Amanda Knox, Mignini was one of two prosecutors in a case that involved the coordination of a variety of completely separate entities in Italian law enforcement and legal systems. According to our understanding of Italian legal processes, the charge against Mignini relating to the other murder trial case seems somewhat routine, rather insignificant, and could very well be dismissed later this month.
5.“I will be conveying my concerns to Secretary of State Hillary Clinton.”
What was Secretary Clinton’s response to you? It has been our understanding that the US State Department and US Embassy in Rome have been following this case from the beginning, have visited Amanda Knox in prison, and have attended court sessions.
We’re wondering what compelled you to insert yourself so publicly into an international situation when your press release gives the strong indication that you were not fully briefed before issuing it and appear to know very little about what has actually been going on with the case.
In the sole interest of providing you with our valid and informed perspective, we remain very interested in meeting with you and/or your Chief of Staff to discuss these issues in detail and share the facts as we understand them. As your concerned constituents, please us know if this will soon be possible.
[signed by five constituents in the original]
Why Prominent Knox Supporter Judge Heavey Faces An Uphill Task
Posted by Peter Quennell
Judge Michael Heavey is a Superior Court judge in King County, Washington State, whose daughter was at school with Amanda Knox.
He is said to be popular and fair and someone you might want to have on your side in a fight. We wonder, however, if he is receiving the best possible advice on the case.
Last week Judge Heavey was quoted by the Seattle PI’s Levi Pulkkinen as saying:
“It borders on the diabolical… To me, it just shows [prosecutors] don’t care whether she’s guilty or innocent. They just believe Amanda needs to be convicted…”
Heavey [contends] Guede killed Kercher while Knox was staying the night at Sollecito’s home. [He views] Knox’s contradictory statements to police—claims that she “heard Meredith screaming” as she was killed—as the products of a rough overnight interrogation by Italian police…”
“When you have a heinous crime and a demonized defendant, with very little evidence, you can get a bad conviction. I haven’t been sure of too much in my life, but I’m totally convinced that she’s innocent.”
Here are just some of the problems that are now undercutting an adversarial stance against the Italian investigators, prosecutors and judges.
- Most of the 10,000 pages of evidence (now being added-to by new witnesses) have not yet been publicly revealed. They will finally emerge during the trial which will start in Perugia on 16 January. Much of the forensic and other evidence has been independently verified by experts unconnected to the investigation .
- No single piece of the evidence already in the public domain has ever conclusively been found to be falsified. Several US experts have a rather hapless record in their attempts to demonstrate that the police and prosecutors got it all wrong. None seem to have made any recent statements on cable news or in the newspapers that they still stand by their original claims.
- The defense lawyers who have actually been through the evidence seem to have become a lot more taciturn, and none of them - not one - has subsequently claimed that this is a railroading, or a frame-up, or the fabrication of a prosecutor desperate for a conviction. (As a precaution against precisely this, there are actually two prosecutors)
- Only a small part of the evidence - the autopsy, the bedroom evidence, and the neighbor who heard a scream in the night and then people running - was sufficient to result in a 30-year sentence for Rudy Guede. The judge in his case, in explaining the judgment, remarked that it was impossible for Guede to have acted alone in the murder of Meredith, in part due to the huge number of wounds on the body.
- The additional evidence that did not even need to be taken into account in Guede’s case apparently includes computer and mobile phone activities, statements of a large number of other witness, a knife that may be the murder weapon found in Sollecito’s kitchen, post-crime defendant statements and behaviors, and the statements of those close to the defendants at the time.
- And there might have been even more evidence. It appears that the crime scene may have been manipulated after the murder to make it look like a sole-perpetrator crime. Finger-prints, footprints, other marks, and blood evidence seem to have been removed - although much still shows up under luminol. It seems to indicate three perpetrators at the crime scene.
- Amanda Knox actually placed herself under suspicion in her very first encounter with the police. She changed her alibi several times subsequently, apparently attempting to coincide it with Sollecito’s. The notion that she was forced into a confession after hours and hours of questioning is now generally discredited, and her own lawyers have not claimed this or lodged any complaint.
- Amanda Knox indicated not only in an interview statement, later disqualified, but also in a written statement, still in evidence, that Patrick Lumumba was the murderer. Lumumba, her kindly employer, was in fact at the bar he owned that night, and in view of the harm done by this apparent frame-up attempt, the prosecution has charged Amanda Knox with slander.
The biggest problem of all for those claiming a frame-up or an over-zealous rush to prosecution is the extreme caution of the Italian system. The Italian judicial review process prior to trial seems to be at least three or four times more elaborate, careful, cautious, and fair to a suspect than, for example, normal U.S. processes.
The evidence in the case has already made it through a number of hoops. And repeatedly the various judges in what is a very extensive process, after days of reading and careful consideration, have verified that the evidence against the defendants is, in fact, very strong.
It is still possible that everybody has got it terribly wrong. But so far, nobody seems to be coming anywhere close to that scenario.