Headsup: To those many lawyers amazed that Knox did not get on the witness stand to head off a certain re-conviction: the best guess among Italian lawyers is that Knox's own lawyers feared ANOTHER calunnia charge if she repeated the crackpot and highly disprovable claims that she was tortured. The tough calunnia law is primarily a pushback measure against mafia meddling which is widely suspected in this case.
Category: Hoaxers from 2009

Friday, January 19, 2018

Interrogation Hoax #21: Illustrating How Batshit Crazy The Knox Interrogation Hoax Has Become

Posted by Our Main Posters

Knox again making things up, despite vast evidence and her defense team to contrary

1. From Impeccable Police Process…

Click here for the overview of our huge Interrogation Hoax expose.

We are coming full circle now, with new translations showing what happened at the very start, from the day Meredith’s body was found, to the day of RS’s and AK’s arrests.

In those days Knox and Sollecito provided information about possible perpetrators in four relatively brief sessions with investigators in the central police station, and they signed the written records on every page.

It is pretty obvious from those signed depositions why no court believed Knox was forced to frame an innocent man.

Even Knox’s own defense team did not believe the hoax (yes she actually had one, though hoaxers leave this awkward fact aside). Though it took us some time to translate it all, some of that stark evidence against Knox has been available in English for years.

And yet it could be quicker to list here who among the Knox apologists HASN’T put this hoax on steroids than who has.

2. To Interrogation Hoax On Steroids

This is from a hyped keynote presentation to a New York conference of senior government justice officials from all over the world.  It mentioned no original sources as proof and was not peer-reviewed. No attempt has ever been made to set the record right. The 37 untrue statements are rebutted in Part 3 below.

Meredith Kercher was found raped [untrue] and murdered in Perugia, Italy. Almost immediately [untrue] police suspected 20-year-old Amanda Knox [untrue], an American student and one of Kercher’s roommates””the only one who stayed in Perugia after the murder [untrue]. Knox had no history of crime [untrue] or violence and no motive [untrue].

But something about her demeanor [untrue] such as an apparent lack of affect [untrue], an outburst of sobbing [untrue], or her girlish and immature behavior [untrue] led police to believe [untrue] she was involved and lying, when she claimed she was with Raffaele Sollecito, her new Italian boyfriend, that night [untrue]. 

Armed with a prejudgment of Knox’s guilt [untrue] several police officials interrogated [untrue] the girl on and off for four days [untrue]. Her final interrogation started on November 5 at 10 p.m. [untrue] and lasted until November 6 at 6 a.m [untrue] during which time she was alone, without an attorney, tag-teamed by a dozen police [untrue] and did not break for food [untrue] or sleep [untrue].

In many ways, Knox was a vulnerable suspect””young, far from home, without family, and forced to speak in a language [untrue] in which she was not fluent. Knox says she was repeatedly threatened [untrue] and called a liar [untrue]. She was told [untrue], falsely [untrue], that Sollecito, her boyfriend, disavowed her alibi and that physical evidence placed her at the scene [untrue].

Despite a law that mandates the recording of interrogations, police and prosecutors maintain that these sessions were not recorded [untrue]. 

Police had failed to provide Knox with an attorney [untrue] or record the interrogations [untrue] so all the confessions [untrue] attributed to her were ruled inadmissible in court [untrue].

Still, the damage was done [untrue]. The confession [untrue] set into motion a hypothesis-confirming investigation [untrue], prosecution, and conviction”¦.

It is now clear that the proverbial mountain of discredited [untrue] evidence used to convict Amanda Knox and Raffaele Sollecito was nothing but a house of cards [untrue] built upon a false confession [untrue].

3. And Pesky Hard Facts

Neither Knox’s own lawyers nor any court ever believed Knox’s fluctuating versions of what happened on 5-6 November 2007 to make her frame Patrick for murder and maintain that for 2 weeks.

Only a guilty person would let such claims stand. All courts saw that and so Knox is a convicted felon for life. She served three years for the malicious accusation, and she still owes the victim $100,000.

Below, how to destroy the hoax in 12 points.  See further our extremely detailed 20-part series on Knox’s interrogation hoax (via the link in our right column) with numerous translations as proof.

1. Police provably kept open minds, and did not immediately suspect Knox though her odd behaviors were hard to miss, or treat her differently than others with possible useful facts.

2. She was not the only one with possible useful facts told to stay in Perugia for several days; others were told they might be needed again; no others complained.

3. There is no documented investigator prejudgement of guilt, even at her fourth and final quite short session on 5 Nov when the subject was provably once again listing more visitors to the house.

4. She was never tag-teamed by a dozen police, and she signed every page of all four session reports which named the mere several officers who were there.

5. There was no 50 or more hours of sessions. No session lasted from 10:00 pm to 6:00 am. All four of her sessions over 4 days combined may not have exceeded that length of time.

6. The fourth and final session on 5-6 Nov was unplanned, and when she turned up late on 5 Nov and was told to go get some sleep, she insisted she wanted to remain.

7. All four sessions were recorded and she signed. She was never threatened or called a liar; her conniption when shown a text message on 5-6 Nov happened spontaneously and very fast.

8. On 5-6 Nov 2007 Sollecito also u-turned - and blamed Knox! No tag-team there. Knox never confessed; she made a false charge of murder against someone else, allowed to stand for several weeks.

9. She did not simply claim she was with Sollecito that night; under no pressure she repeated several times in writing that she went out and all courts allowed that. Sollecito said she did too.

10. After she broke she was told several times she should not talk further without an attorney. No questions were asked of her after that but she pressed on.

11. She had a translator at all four sessions, though she herself chose to speak in Italian now and then. She made and handed over notes in Italian.

12. At trial she confirmed she was provided with refreshments and helped to get some sleep. She was never refused bathroom breaks and confirmed she was not hit.

4. In Conclusion

This hoax is a money-tree for Knox. A blood-money tree. Act the real victim, shake the tree, and tens of thousands fall out. Knox is to blame, but far from the only one. Most of the hoaxers are trying to shake their own money-trees too. Knox’s speaker agency and her PR and lawyers and publishers all want a big payday. Huge sums are at stake.

Can the hoax survive?  Probably not for long. It needed a 100% rebuttal which finally we have achieved now. And it needs Knox’s confidence and her credibility. Even one disbelieving voice from the audience could show the world that the empress has no clothes.


Tuesday, April 21, 2015

The Certainties And Open Questions In The Amanda Knox Trial Starting In Florence On 9 June

Posted by Our Main Posters



Dr Giuliano Giambartolomei prosecutes in both the Sollecito and Knox trials

1. A Bizarre Crime

What Knox will soon be on trial for is one of the most bizarre crimes conceivable.

If you followed all the links in the post directly below this (with more to come soon) you will see that the evidence is overwhelming that Knox maliciously and self-servingly invented the Interrogation Hoax of 5-6 November 2007 for very little likelihood of benefit and with massive damage done to good people and the proud image of Italy.

So what does Knox do? Learn anything? No. She serves three years for framing Patrick - and comes right out of prison to repeat more or less the self-same crime but this time on steroids. Passages in her book and claims in interviews were almost hysterically insistent, and the email she sent to Judge Nencini in December 2013 even more-so. In that email she actually ranted on about torture.

And dozens of others in the US picked up on the false claims and, as Steve Moore and John Douglas and Bruce Fischer did, heavily embellished them. What Knox was convicted for is still right there on a dozen YouTubes all “helpfully” uploaded by Bruce Fischer. 

Some few in Italy might have been undecided a month ago whether Sollecito was really there when Meredith was murdered. But nobody at all in Italy likes the dangerous and inflammatory campaign Knox has spearheaded.

This really could be Knox’s OJ Simpson moment. This time she could face as much as six years, and the US would seem to have zero grounds to resist extradition.

And as Knox was finally confirmed as sentenced for calunnia to the detriment of Lumumba by Cassation in 2013, left unaffacted by Cassation in 2015, Knox can no longer make any claim to have been induced to do so by the police and prosecution.

If she has a viable defense nobody, repeat nobody, right now seems able to imagine it. 

2. The Certainties

The trial will begin on 9 June in the Florence courthouse in front of Judge Anna Liguori.  The lead prosecutor will be Dr Giuliano Giambartolomei who is also the chief prosecutor in the Sollecito & Gumbel book trial which convenes next on 30 April.

While charges in the Sollecito & Gumbel trial are for diffamazione and vilipendio (slander of officials and of the system) the anticipated charges in the Knox case are for the more serious crime of calunnia (for accusing justice officials of crimes in court).

For a very good reason, diffamazione and vilipendio and especially calunnia are taken more seriously in Italy than equivalent contempts in some other systems.

This is because of a long-running (if declining) tendency for “connected” defendants to try to take the justice system down a peg in the hope of an unfair break in trials they or their unsavory buddies are in the midst of.

3. The Open Questions

The Knox book and email to Judge Nencini and TV claims cannot be a part of a calunnia case but certainly can be used as evidence of Knox’s disingenuousness and malice. To what extent this will happen is not clear yet, but signs are a lot of online evidence on these lines is being captured.

Nor is it clear yet who will represent Knox. Possibly Ghirga and Dalla Vedova, but they may not be the “best” team for her as they are credited in Knox’s book for its content and they handed over as a court document the inflammatory Knox email to Judge Nencini. (Remember, Sollecito is not being defended in his trial by Bongiorno or Maori.) 

Nor is it clear yet what line Knox’s defense may take. It is quite out of the question that she again simply repeats the claims that already cost her three years signed off on twice by Cassation. If Sollecito seems seriously stuck for a defense, Knox seems even more-so.

Nor is it clear yet if the defense team will make an immediate bid to Cassation for dismissal. The Fifth Chambers which overturned the murder conviction is already deeply entangled and under scrutiny, and judges there may already be wondering if they have committed career suicide to very little real benefit for anyone.

Also it is not clear yet how this will impact the pending trial of Curt Knox and Edda Mellas for diffamazione for repeating as gospel Knox’s false claims to a British reporter, and we dont know how this will impact Oggi’s trial for enthusiastically publishing some of Knox’s false claims.

It is not clear yet how the Knox PR (if it is still active) or the pro-Knox opportunists or the highly confused US media will handle this - but to repeat as gospel any of Knox’s claims could from now on be legally radioactive.

it is not clear yet how the Obama Administration will (if at all) react to this. Whether there will again be covert intervention, or whether they will finally concede that Italy did get it right and crimes should be paid for and not given a free pass. 

Finally, will Knox again be a no-show in Florence, as she was (against her lawyers best advice) at her own appeal? And if so, will she and her forces again falsely claim that she is being tried in absentia? That wouldnt win her points in Italy.

4. Further Background

Click here:   1. Could The Italian Authorities Be Starting A Wave Of Libel + Slander Investigations?

Click here:   2. Interrogation Hoax: Knox Hearing On Calunnia Charges, Then Trial To Resume June 16

Click here:   3. Calunnia Claims At The Core Of The Problem For Amanda Knox - And Her Parents

Click here:   4. Knox Calunnia Hearing: Amanda Knox Enters Court Via The Underground Entrance

Click here:   5. Another In Seeming Never-Ending Disasters For Hapless Knox Campaign

Click here:   6. A Perugian Media Report (Neutral As Usual) In Italian On Knox’s Calunnia Hearing

Click here:   7. Curt Knox And Edda Mellas Defamation Trial To Go Ahead On July 4

Click here:   8. Umbria’s Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello

Click here:   9. The Curt Knox And Edda Mellas Diffamazione Trial Will Resume In Perugia 30 March.

Click here:   10. False Allegations Against Italian Officialdom Sparking Increasingly Tough Legal Reaction

Click here:   11. An Overview From Italy #2: Current Perceptions In Italy, Sollecito Case, Mignini’s Full Vindication

Click here:   12. With Diffamazione Complaint Against False Claims In Oggi Knox’s Legal Prospects Continue To Slide

Click here:   13. Expected Calunnia And Diffamazione Trials Could Reverse Another Attempt To Take Justice Down A Peg

Click here:   14. Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?

Click here:   15. Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems

Click here:   16. Pushback Against Mafia Playbook Gathers Speed With Denial Of False Accusation of “Satanic Theory

Click here:   17. Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made

Click here:   18. False Claims By Amanda Knox & The Book Team May End Up Costing $10 Million


Thursday, June 12, 2014

Fifty Of The Most Common Myths Still Promoted Without Restraint By The Knox PR Campaign

Posted by The Machine



Fooled ya! Knox’s parents have the mythmaking machine’s pedal to the floor, and arent slowing it

Introduction

I’ve listed the 50 most common myths circulating in the media with regard to the Amanda Knox/Meredith Kercher case and refuted them using as far as possible the official court documents and court testimony.

1. Knox was called to the Perugia central police station on 5 November 2007.

Neither the police nor the prosecutors brought Knox in for questioning on 5 November 2007. She was there unwanted, and stayed after it was suggested she go home and sleep.

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.”

Monica Napoleoni, the head of Perugia’s homicide squad, said they told Knox she should go home to rest, but Knox insisted on staying:

Amanda also came that evening, the evening of the 5th. We said to Amanda that she could go home to rest. Since, during those days, she was always saying, always complaining that she wanted to rest, wanted to eat, we said: “˜Look, you’ve eaten; you can go and rest yourself. If there’s a need, we’ll call you.’

Instead, she was very nervous, and insisted on staying there.

Inspector Rita Ficarra was the one who led the discussion on a list of possible perps with Knox.

Rita Ficarra: My astonishment was that I saw, I found her there, and I found her doing ““ demonstrating ““ her gymnastic abilities: she was doing a cartwheel; she had shown the back arch, she had done the splits, and it seemed to me, sincerely, a bit out of place, that is to say given the circumstances, the moment and the place. For which [reason] I admonished her, and I even asked her what she was doing there.

She, and my colleagues also confirmed this, said to me that she had come because they had called Raffaele Sollecito, he had been invited that evening to give another recap, and she had accompanied him.

Judge Massei [GCM]: You said this to her in English or in Italian?

RF: In Italian. I reiterate that she speaks Italian, with me she speaks only in Italian. I do not understand a word of English, so “¦ My colleagues confirm that there was Sollecito who was there in another room and in that moment the Deputy Commissioner Napoleoni and other colleagues were listening to him.

And continuing to speak, the girl told me that she was rather shocked at the fact, annoyed at the fact that she had been called and recalled several times by the Police and [that] she was totally tired.

At that point, I also admonished her because I said: you’re tired, yet nonetheless you came this evening, when nobody has invited you: you could have gone to rest. And furthermore ““ I said ““ you don’t understand that we are talking about a murder, of a person that you say was your friend, [who] lived in the same house as you, it happened in your house. If the Police call you, put yourself in our shoes: we need useful information.

2. Knox was subjected to an all-night interrogation on 5/6 November.

According to Barbie Nadeau in 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 11pm.”

After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. She decided to made another witness statement at 5:45am, but she wasn’t asked any questions.

3. Knox wasn’t provided with an interpreter for her questioning on 5 November 2007.

This claim is completely false as shown through the trial testimony of Knox and her interpreter. Knox’s interpreter on 5 November 2007, Anna Donnino, testified at length at trial about Knox’s convesrsation that evening. And Amanda Knox herself spoke about her interpreter when she later gave testimony at the trial.

4. Knox wasn’t given anything to eat or drink.

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, chamomile 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.’

Also 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 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 chamomile tea.

This is from the relevant court transcript:

Monica Napoleoni: Amanda was given something to drink several times. She was brought hot chamomile; she was taken to the bar of the Questura to eat. First she was given brioches from the little [vending] machine.

Carlo Pacelli: These methods of treatment, how did they translate into practice? With what behaviour/actions [were they carried out] in actual fact? Earlier, you recalled that they actually brought her something to eat”¦

MN: It’s true. That morning, I remember that Inspector Ficarra actually took her to the bar to eat as soon as it opened. But before [that], we have little [vending] machines on the ground floor, and she was brought water, she was brought hot drinks, she was brought a snack. But also Raffaele, he was given something to drink; it’s not as though they were kept “¦ absolutely.

Giuliano Mignini:  Had types of comfort been offered to her?

Anna Donnino:  Well, during the evening, yes, in the sense that I remember that someone went down to the ground floor; it was the middle of the night, so in the station at that hour there are those automatic distributors; there’s nothing else; someone went to the ground floor and brought everybody something to drink, some hot drinks and something to eat. I myself had a coffee, so I believe that she also had something.





Above: Several of the myth inventors and disseminators: Sforza, Mellas, Preston

5. Knox was beaten by the police.

The witnesses who were present when Knox was questioned, including her interpreter, testified under oath at the trial in 2009 that she wasn’t hit. (Under Italian law, witnesses must testify under oath, while defendants do not, so are not required by law to be truthful on the stand.)

These are from the relevant court transcripts:

Giuliano Mignini: Do you recall, shall we say, that night between the 1st and then the spontaneous declarations and then the order for arrest, who and what was with her, other than you, whether there were other subjects that spoke with us, how they behaved? Did [she] undergo/experience violent [sic: NdT: “violente” in Italian, probably typo for “violenze” = “violence/force/assault”] by any chance?

Rita Ficarra: Absolutely not.

GM: Was she intimidated, threatened?

RF: No. I, as I said earlier, I came in that evening and there were some colleagues from the Rome SCO, I was with Inspector Fausto Passeri, then I saw come out, that is come out from the entry-door to the offices of the Flying [Squad] the Assistant Zugarini and Monica Napoleoni, who appeared for an instant just outside there, then we went back in calmly, because the discussion we had with her was quite calm.

Giuliano Mignini: ... violence, of “¦

Monica Napoleoni: But absolutely not!

Mignini:  You remember it”¦ you’ve described it; however, I’ll ask it. Was she threatened? Did she suffer any beatings?

Anna Donnino: Absolutely not.

GM: She suffered maltreatments?

AD:  Absolutely not.

Carlo Pacelli:  In completing and consolidating in cross-examination the questions by the public prosecutor, I refer to the morning of the 6th of November, to the time when Miss Knox had made her summary information. In that circumstance, Miss Knox was struck on the head with punches and slaps?

Anna Donnino:  Absolutely not.

CP:  In particular, was she struck on the head by a police woman?

AD:  Absolutely not!

CP:  Miss Knox was, however, threatened?

AD:  No, I can exclude that categorically!

CP:  With thirty years of prison”¦ ?

AD:  No, no, absolutely not.

CP:  Was she, however, sworn at, in the sense that she was told she was a liar?

AD:  I was in the room the whole night, and I saw nothing of all this.

CP:  So the statements that had been made had been made spontaneously, voluntarily?

AD:  Yes.

Carlo Della Valla:  This”¦

Giancarlo Massei:  Pardon, but let’s ask questions”¦ if you please.

CP:  You were also present then during the summary informations made at 5:45?

AD:  Yes.

CP:  And were they done in the same way and methods as those of 1:45?

AD:  I would say yes. Absolutely yes.

CP:  To remove any shadow of doubt from this whole matter, as far as the summary information provided at 5:45 Miss Knox was struck on the head with punches and slaps?

AD:  No.

CP:  In particular, was she struck on the head by a policewoman?

AD:  No.

Even Amanda Knox’s lawyer, Luciano Ghirga, distanced himself in the Italian media from these allegations and never lodged any complaint:

There were pressures from the police, but we never said she was hit.

6. Knox was refused a lawyer.

Rita Ficarra and Anna Donnino testified that Knox was several times advised to have a lawyer, but each she declined the offer:

Anna Donnino:  ...she was asked if she wanted a lawyer.

Giuliano Mignini:  And what was her response?

AD: She had answered no; I remember that she replied with no.

Before she insisted on drafting her 1:45 and 5:45 am accusations Knox was advised to have a lawyer advise her, but she declined and pressed on.

Dr Mignini has wondered if the Supreme Court really understood this in banning the two unprovoked accusations from Knox’s main trial.

7. Knox was tag-teamed by two police officers every hour.

According to Anna Donnino, who arrived at the police station at about 12:30am, there was a total of three people in the room with Knox:

Anna Donnino: “I had been made to enter a room where in fact there was Inspector Ficarra at a small table, another colleague from SCO (I only remember his first name; he was called Ivano), a police officer, and there was Miss Knox seated. I seated myself beside her.”





Above: Several of the main myth inventors and disseminators: Fischer, Sforza, Moore

8. Knox was asked to imagine what might have happened.

According to the corroborative testimony of the three others present, including Rita Ficarra and Anna Donnino, Amanda Knox voluntarily and spontaneously accused Patrick Lumumba of murdering Meredith.

Here is Rita Ficarra.

We found only that one [text message] sent by her. She was given the mobile into her hand, and it was said, who is this person, and did you go out later or not? She said the name of Patrick Lumumba, and gave the declaration that then ...

GM: And what behaviour did she then adopt/assume?

RF: She suddenly put her hands to her head, burst out crying and said to us “It’s him, it’s him, it was him, he killed her”. It was the only time that I saw her cry.

GM: This behaviour, did she then continue like that during the course of that morning, by now we were at what time?...

RF: No, she was as if she was giving vent in that moment, she cried, she began to say that he was crazy, he was crazy.

Here is Anna Donnino:

Judge Massei: This change, at what moment did it happen, and in what did it consist of?

Anna Donnono: The change had occurred right after this message, in the sense that the signorina said she hadn’t replied to the message from Patrick, when instead her reply message was shown to her she had a true and proper emotional shock. It’s a thing that has remained very strongly with me because the first thing that she did is that she immediately puts her hands on her ears, making this gesture rolling her head, curving in her shoulders also and saying “It’s him! It’s him! It was him! I can see/hear him or: I know it.[Lo sento]” and so on and so forth.

Carlo Pacelli:  So the statements that had been made had been made spontaneously, voluntarily?

Anna Donnino:  Yes.

Here is Judge Massei.

[After hearing and weighing up the testimony of these witnesses and Amanda Knox, Judge Massei stated that it couldn’t be claimed that] “Amanda Knox was persuaded by the investigators to accuse Diya Lumumba, aka Patrick, by means of various pressing requests which she could not resist.” (Massei report, page 388.)

[He noted that there had been] “no corroboration of the pressing requests which Amanda was seemingly subjected to in order to accuse Diya Lumumba of the crime committed to the detriment of Meredith.” (Massei report, page 389.)

Judge Massei concluded at trial in 2009 that Knox had freely accused Patrick Lumumba of Meredith’s murder and awarded her a prison sentence for calunnia confirmed in 2013 by the Supreme Court for which there is no further appeal.

9. Amanda Knox claimed she had had a “dream-like vision” in her witness statements.

Amanda Knox makes no mention of a dream or vision in her two witness statements. She categorically states that she met Diya Lumumba at Piazza Grimana and that they went to the cottage on Via della Pergola. In her first witness statement, she claims that Lumumba killed Meredith.

This is from the 1:45 am statement.

I responded to the message by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work. In view of the fact that during the afternoon I had smoked a joint, I felt confused, since I do not frequently make use of mind-altering substances, nor of heavier substances.

I met Patrik immediately afterward, at the basketball court on Piazza Grimana, and together we went [to my] home. I do not recall whether Meredith was there or arrived afterward. I struggle to remember those moments, but Patrik had sex with Meredith, with whom he was infatuated, but I do not recall whether Meredith had been threatened beforehand. I recall confusedly that he killed her.

This is from the 5:45 am statement.

I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick…  I met him in the evening of November 1st 2007, after sending him a reply message saying “I will see you”. We met soon after at about 21.00 at the basketball court of Piazza Grimana. We went to my apartment in Via della Pergola n. 7.

I do not clearly remember if Meredith was already at home or if she came later, what I can say is that Patrick and Meredith went into Meredith’s room, while I think I stayed in the kitchen. I cannot remember how long they stayed together in the room but I can only say that at a certain point I heard Meredith screaming and as I was scared I plugged up my ears.

10. Amanda Knox was questioned in Italian

The police provided Amanda Knox with an interpreter, Anna Donnino, so that she could be questioned in English.

11. Dr Mignini questioned Knox on 5 November 2007.

Dr Mignini did not question Amanda Knox that evening. She wanted to make further declarations, and he came to the police station on the night only because he was on duty and had to witness Knox being cautioned. After Knox was cautioned that she need not say anything without a lawyer, Knox nevertheless insisted that she draft a second statement in front of him.

Mr Mignini explained what happened in his e-mail letter to Linda Byron, a journalist for King5 in Seattle:

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:

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.

12. Knox didn’t confess until 6am.

Amanda Knox’s first written statement was made at 1:45am. It was not a confession, it was a false accusation.

13. Knox retracted her allegation against Lumumba immediately.

Amanda Knox didn’t retract her accusation immediately. In fact, she never did formally. Knox reiterated her allegation in her handwritten note to the police late morning of 6 November 2007, which was admitted in evidence: From the Massei report:

[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 was that specified in the notes of 6 November 2007, at 20:00, by Police Chief Inspector Rita Ficarra, and 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. (Massei report, page 389.)

Knox did not withdraw the false accusation at her first hearing in front of a magistrate on 8 November.

The Massei court took note of the fact that Amanda Knox didn’t recant her false and malicious allegation against Diya Lumumba during the entire time, two weeks, he was kept in prison.

14. In the days following Meredith’s murder, Knox voluntarily stayed in Perugia to help the police

This claim is 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, a friend of Meredith, reported the following conversation (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.’ “

15. All of Meredith’s friends left immediately.

The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. 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. Her father stayed on with her.

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.

16. There were only two tiny pieces of DNA evidence that implicated her, but they were probably contaminated.

The Italian Supreme Court explained how DNA evidence should be assessed in court; i.e., contamination must be proven with certainty, not supposition. The Court stated that the theory “anything is possible” in genetic testing is not valid.

The burden of proof is on the person who asserts contamination, not the person who denies it.

In other words, if the defence lawyers claim the DNA evidence was contaminated, they must describe the specific place and time where it could have plausibly occurred. Nobody has ever proved that the bra clasp and knife evidence were contaminated. Even Conti and Vecchiotti excluded contamination in the laboratory:

“Laboratory contamination was also excluded by these experts [Conti and Vecchiotti].” (The Supreme Court report, page 92.)

(1) The bra clasp

The fact that the bra clasp was not collected immediately because defense witnesses were not available is irrelevant. The cottage was a sealed crime scene and nobody entered the room during this time:

...the flat had been sealed and nobody had had the opportunity to enter, as shown in the case file.” (The Italian Supreme Court report, page 92.)

Alberto Intini, the head of the Italian police forensic science unit, excluded environmental contamination because “DNA doesn’t fly.”

Even Conti and Vecchiotti excluded contamination in the laboratory because Dr Stefanoni last handled Sollecito’s DNA twelve days before she analysed the bra clasp.

Professor Francesca Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it.  His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17.

David Balding, a Professor of Statistical Genetics at University College London, analysed the DNA evidence against Sollecito and concluded that the evidence was strong”

“...because Sollecito is fully represented in the stain at 15 loci (we still only use 10 in the UK, so 15 is a lot), the evidence against him is strong”¦”

(2) The knife

Dr Stefanoni analysed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory. Meredith had never been to Sollecito’s apartment, so contamination away from the laboratory was impossible. 

The knife and bra clasp are not the only pieces of DNA evidence.

According to the prosecution’s experts, there were five samples of Knox’s DNA or blood mixed with Meredith’s blood in three different locations in the cottage. After the trial in 2009, The Kerchers’ lawyer, Francesco Maresca, said the mixed-blood evidence was the most damning piece of evidence against Amanda Knox.

The Scientific Police experts concluded it proves that Meredith and Knox were bleeding at the same time.

17. The knife has essentially been thrown out.

The knife hasn’t been thrown out. A further DNA sample (36-I) was extracted from the blade last year and tested by the Carabinieri RIS DNA experts Major Berti and Captain Barni. The sample was attributed to Amanda Knox, the second. Judge Nencini stated in his report that Knox stabbed Meredith with the knife.




Above: Several of the myth inventors and disseminators: Hampikian, Burleigh, Heavey

18. The knife doesn’t match any of the wounds on Meredith’s body.

The 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.” (Massei report, page 375.)

Barbie Nadeau, an American journalist based in Rome, 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.)

19. The DNA on the blade could match half the population of Italy.

Vieri Fabani, a lawyer for the Kerchers, pointed out that there is the possibility of 1 in 1 billion 300 million that the DNA on the blade does not belong to Meredith. 

20. Meredith’s DNA wasn’t found on the blade of the knife.

A number of independent forensic experts—Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor Giuseppe Novelli, Professor Francesca Torricelli and Luciano Garofano—have all confirmed that sample 36B was Meredith’s DNA.

Even American experts Elizabeth Johnson, Greg Hampikian and Bruce Budowle, who have been critical of the Scientific Police’s work in this case, have conceded that the DNA was consistent with Meredith’s DNA profile.

It should be noted that none of these American experts testified at the trial or played any official role in the case. They became involved in the case after being approached by supporters of Amanda Knox. They had no bearing on the legal proceedings in Florence.

Judge Nencini accepted that Judge’s Massei and the prosecution’s assertions that Meredith’s DNA was on the blade of Sollecito’s kitchen knife and that it was the murder weapon.   

21. No other knives were taken from Sollecito’s apartment.

Judge Massei discusses a jack-knife that was 18cm long with an 8cm blade at some length and the results of the DNA tests that were carried out on it:

“He [Armando Finzi] recalled they found another knife whose total length was 18cm, with an 8cm blade”¦” (Massei report, page 106.)

“On the jack”‘knife, four samples were taken, with negative results where blood-derived substances had been looked for; on the fourth sample, which involved the handle, the genetic profile was found to be of Sollecito plus Knox.” ( Massei report, page 194.)

22. The knife was chosen at random.

Armando Finzi was the police officer who bagged the knife. He testified that he thought it was the murder weapon because it was compatible with the wound on Meredith’s neck. Andrea Vogt explained this in the same article:

“Armando Finzi, an assistant in the Perugia police department’s organized crimes unit, first discovered the knife in Sollecito’s kitchen drawer. He said the first thing he noticed upon entering the place was a “˜strong smell of bleach.’ He opened the drawer and saw a “˜very shiny and clean’ knife lying on top of the silverware tray.

” “˜It was the first knife I saw,’ he said. When pressed on cross-examination, he said his “˜investigative intuition’ led him to believe it was the murder weapon because it was compatible with the wound as it had been described to him. With gloved hands, he placed the knife in a new police envelope, taped it shut with Scotch tape, then placed it inside a folder, he said. There were smaller and bigger knives in the drawer, but no others were taken into evidence from the kitchen, he said.” (Andrea Vogt, The Seattle Post-Intelligencer, 28 February 2009.)

23. No control tests were done.

John Follain pointed out in Death in Perugia that the control tests had been filed with another judge:

“The tests had been filed with an earlier test, and Judge Pratillo Hellmann later admitted them as evidence.” (Death in Perugia, Kindle edition, page 409.)

The judges at the Supreme Court in Italy noted in their report that the negative controls had been carried out:

“...since all the negative controls to exclude it [contamination] had been done by Dr Stefanoni”¦” (Supreme Court report, page 93.)

The judges at the Italian Supreme Court criticised the court-appointed independent experts Conti and Vecchiotti for assuming they hadn’t been done.

24. There is no evidence of Amanda Knox at the actual crime scene.

The crime scene involves the whole cottage and isn’t limited to Meredith’s room. Knox and Sollecito were both convicted of staging the break-in in Filomena’s room. Furthermore, there is plenty of evidence placing Amanda Knox in Meredith’s room on the night of the murder.

For example, her DNA was found on the handle of the murder weapon, her bare bloody footprints were revealed by Luminol in the hallway and her own room and, according to the Scientific Police, her blood was mixed with Meredith’s blood in different parts of the cottage. Knox’s lamp was found in Meredith’s room, and a shoeprint in her size of shoe.

25. None of the Luminol* stains contained Meredith’s DNA.

Two of the traces revealed by Luminol contained Meredith’s DNA:

“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”¦” (Massei report, page 380.)

[* Luminol is a substance used in crime-scene investigations to reveal blood that has been cleaned up. It reacts with the microscopic particles of iron in the blood and turns it fluorescent.]

26. Mignini is persecuting Amanda Knox.

As shown above Dr Mignini was absent when Knox made her false accusation. Because of checks and balances, prosecutors in Italy have far less power than their American counterparts. The decision to send Knox to trial was actually made by Judge Micheli in 2008, not by Dr Mignini.

Judge Massei, Judge Cristiani and six lay judges found Knox guilty of murder in Perugia in 2009, and Judge Nencini, Judge Cicerchia and six lay judges confirmed Knox guilty of murder at the appeal in Florence in January 2014. 

Dr Mignini is just one of several prosecutors who have been involved in the case. Manuela Comodi was Mignini’s co-prosecutor at the the trial in 2009.  Giancarlo Costagliola was the main prosecutor in the first appeal, which was annulled by the Italian Supreme Court. He and Giovanni Galati appealed against the 2011 acquittals. Dr Mignini played no part in the new appeal in Florence. Alessandro Crini was the prosecutor.

27. Mignini claimed Meredith was killed as part of a satanic ritual.

Mignini has never claimed that Meredith was killed during a satanic or sacrificial ritual, and that’s the reason why no one has been able to provide a verbatim quote from Mignini supporting this false accusation.

Mignini specifically denied claiming that Meredith was killed in a sacrificial rite, in his letter to the Seattle reporter Linda Byron:

“On the “˜sacrificial rite’ question, I have never said that Meredith Kercher was the victim of a “˜sacrificial rite.’ “

Mignini also made it quite clear that he has never claimed that Meredith was killed as part of a satanic rite in his interview with Drew Griffin on CNN:

Drew Griffin: “You’ve never said that Meredith’s death was a satanic rite?”

Mignini: “I have never said that. I have never understood who has and continues to say that. I read, there was a reporter ““ I don’t know his name; I mention it because I noticed it ““ who continues to repeat this claim that, perhaps, knowing full well that it’s not like that.

“I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up.”





Above: Several of the myth inventors and disseminators: Kassin, Dempsey, Douglas

28. Mignini claimed Meredith was killed in a sex game that went wrong.

Mignini didn’t say anything about there being a sex game that went wrong when he presented his timeline to the court at the trial. Please be warned that there is some extremely graphic content below:

[Timeline of the attack on Meredith]

23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.

23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.

23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. 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.

23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.

23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.

23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.

29. Mignini called Amanda Knox a “she-devil.”

It wasn’t Mignini who called Amanda Knox a “she-devil”;  it was Carlo Pacelli, the lawyer who represents Diya Lumumba, at the trial in 2009.

Carlo Pacelli’s comments were widely reported by numerous journalists who were present in the courtroom. Barbie Nadeau describes the moment he asked if Knox is a she-devil in some detail in Angel Face:

“”˜Who is the real Amanda Knox?’ he asks, pounding his fist in the table. “˜Is she the one we see before us here, all angelic? Or is she really a she-devil focused on sex, drugs, and alcohol, living life on the edge?’

“She is the luciferina—she-devil.’” (Barbie Nadeau, Angel Face, Kindle edition, page 124.)

30. Dr Mignini was convicted of a felony and faced prison.

The Florence Appeal Court and Cassation scathingly threw out a malicious prosecution for which both the prosecutor and judge suffered. Dr Mignini has never faced the slightest risk of prison.  Often now seen on national TV, Dr Mignini is expected to be the next Prosecutor General of Umbria.

31. Rudy Guede was a drifter.

Rudy Guede lived in Perugia from the age of five, and he had his own apartment at the time of the murder.

32. Guede had a criminal record at the time of the murder.

Rudy Guede didn’t have any criminal convictions at the time of Meredith’s murder. He was not a drug dealer and not a police informant. As Judge Micheli scathingly noted, there is no proof that he committed any break-ins.

33. Guede left his DNA all over Meredith and all over the crime scene.

There was only one sample of Guede’s DNA on Meredith body and there were only five samples of his DNA at the cottage. His DNA was found on a vaginal swab, on the sleeve of Meredith’s tracksuit, on her bra, on the zip of her purse and on some toilet paper in the bathroom that Filomena and Laura shared. 

“...also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found; DNA on the toilet paper in the bathroom near the room of Mezzetti, where unflushed faeces were found; on the bag found on the bed; on the left cuff of the blue sweatshirt (described as a “zippered shirt” in the first inspection, discovered smeared with blood near the body and partly underneath it); and on the right side of the bra found by the foot of Kercher’s body”¦” ( Judge Giordano sentencing report, page 5.)

34. Guede left his semen at the crime scene.

Guede’s DNA semen wasn’t found at the crime scene.

“...also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found”¦” (Judge Giordano sentencing report, page 5.)

“In one of these swabs was found biological material belonging to a male subject identified as Rudy Hermann Guede. This material, which turned out not to be spermatic [158], could be from saliva or from epithelial cells from exfoliation”¦” (Massei report, page 158.)

35. Guede left his DNA inside Meredith’s bag.

According to the Micheli report, which was made available to the public in January 2009, Guede’s DNA was found on the zip of Meredith’s purse, and not inside it.

“...b) traces attributable to Guede: ...on the bag found on the bed”¦”  (Judge Giordano sentencing report, page 5.)

36. Guede left his bloody fingerprints all over the crime scene.

He left zero fingerprints. According to the Micheli report, the Massei report and Rudy Guede’s final sentencing report, Guede was identified by a single bloody palm print:

“...b) traces attributable to Guede: a palm print in blood found on the pillow case of a pillow lying under the victim’s body ““ attributed with absolute certainty to the defendant by its correspondence to papillary ridges as well as 16-17 characteristic points equal in shape and position”¦” (Judge Giordano sentencing report, page 5.)

It is confirmed that Guede was identified by a bloody palm print in the Micheli report (pages 10-11) and the Massei report (page 43).

37. Guede left his hair at the crime scene.

The Scientific Police didn’t find any hair that belonged to Rudy Guede at the crime scene. That’s why there’s no mention of this in any of the court documents.

38. Guede pleaded guilty or confessed.

Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He offered to testify against Knox and Sollecito at trial in 2009, but the prosecutors did not want to give him any breaks. 

39. Guede’s prison sentence was reduced because he made a deal with the prosecutors.

Guede was sentenced to 30 years in prison by Judge Micheli in 2008. However, his sentence was reduced because he opted for a fast-trial, which means he automatically received a third off the sentence of Knox and Sollecito. Generic mitigating circumstances—i.e., his young age—were also taken into consideration.

40. Guede didn’t implicate Knox and Sollecito until much later.

Rudy Guede first implicated Knox and Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo:

Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”

Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”

41. Amanda Knox didn’t know Rudy Guede.

Amanda Knox testified in court that she had met Rudy Guede on several occasions.

Here’s the court transcript:

Carlo Pacelli (CP), Patrick Lumumba’s lawyer: In what circumstances did you meet him (Rudy)?

Amanda Knox (AK): I was in the center, near the church. It was during an evening when I met the guys that lived underneath in the apartment underneath us, and while I was mingling with them, they introduced me to Rudy.

CP: So it was on the occasion of a party at the house of the neighbors downstairs?

AK: Yes. What we did is, they introduced me to him downtown just to say “This is Rudy, this is Amanda”, and then I spent most of my time with Meredith, but we all went back to the house together.

CP: Did you also know him, or at least see him, in the pub Le Chic, Rudy?

AK: I think I saw him there once.

CP: Listen, this party at the neighbors, it took place in the second half of October? What period? End of October 2007?

AK: I think it was more in the middle of October.

42. Raffaele Sollecito had never been in trouble with the police.

Raffaele Sollecito had a previous brush with the police in 2003.

“...Antonio Galizia, Carabinieri [C.ri] station commander in Giovinazzo, who testified that in September 2003 Raffaele Sollecito was found in possession of 2.67 grams of hashish.” (Massei report, page 62.)

43. Sollecito had an impeccable track record.

Sollecito was monitored at university after being caught watching hardcore pornography featuring bestiality:

“...and educators at the boy’s ONAOSI college were shocked by a film “˜very much hard-core…where there were scenes of sex with animals with animals,’ at which next they activated a monitoring on the boy to try to understand him. (Pages 130 and 131, hearing 27.3.2009, statements by Tavernesi Francesco).” (Massei report, page 61.)

44. Sollecito couldn’t confirm Knox’s alibi because he was sleeping.

The claim that Sollecito couldn’t confirm Knox’s alibi because he was sleeping is completely contradicted by Sollecito’s witness statement:

“Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8:30 or 9pm.

“At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.” (Aislinn Simpson, The Daily Telegraph, 7 November 2007.)

Police said Raffaele Sollecito had continued to claim he was not present on the evening of the murder. He said:

“I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call, and I stopped only when Amanda came back, about one in the morning, I think. (The Times, 7 November 2007.)





Above: The two provisionally convicted who originated some of the cancerous myths.

45. Amanda Knox had never been in trouble with the police.

According to Andrew Malone in an article on the Mail Online website, Amanda Knox was charged with hosting a party that got seriously out of hand, with students high on drink and drugs, and throwing rocks into the road, forcing cars to swerve. He claimed the students then threw rocks at the windows of neighbours who had called the police. Knox was fined $269 (£135) at the Municipal Court after the incident (crime No: 071830624).

Barbie Nadeau also reported that Knox had had a previous brush with the law:

...and her only brush with the law was a disturbing-the-peace arrest for a house party she threw.” (Barbie Nadeau, Angel Face, Kindle edition, page 6.)

According to the police ticket written by Seattle Police officer Jason Bender, Knox was issued with an infraction for the noise violation and warned about the rock throwing:

I issued S1/Knox this infraction for the noise violation and a warning for the rock throwing. I explained how dangerous and juvenile that action was.

46. Amanda Knox was retried for the same crimes.

All criminal cases in Italy are subject to three levels of review. No verdict is final until it has been confirmed by the Supreme Court.

Amanda Knox was not retried. She simply appealed her provisional 2009 convictions. The first appeal was held in Perugia in 2011, where she was provisionally acquitted by Judge Hellmann.

However, the Italian Supreme Court annulled the acquittals because Hellmann was found to have made a series of grave legal errors, and ordered a new appeal in Florence.

47. The Italian Supreme Court ruled that Amanda Knox’s interrogation was illegal.

The Italian Supreme Court has never stated that Amanda Knox’s recap/summary session on 5 November 2007 for the building of a list of names was illegal.

Bruce Fischer, who runs the Injustice in Perugia website and had heatedly denied this, eventually admitted this was not true on Perugia Murder File.net website:

“When it comes to the admissibility of the written statements, you are technically correct. The interrogation itself was never ruled illegal.”

Note that as stated above it was not an interrogation.

48. The Supreme Court threw out Amanda Knox’s statements.

The Supreme Court ruled that the 1:45am and 5:45am statements Knox insisted upon couldn’t be used against her in the murder trial because she wasn’t represented by a lawyer when she made them, even though she declined the presence of a lawyer.

However, both her statements were used against her at the calunnia component of the trial.

49. Dr. Stefanoni and the forensic technicians broke international protocols.

There is no internationally accepted set of standards. DNA protocols vary from country to country, and in America they vary from state to state. For example, New York state accepts LCN DNA tests in criminal trials.

Conti and Vecchiotti cited obscure American publications such as the Missouri State Highway Patrol Handbook and the Wisconsin Crime Laboratory Physical Evidence Handbook, not international protocols.

50. Amanda Knox is being railroaded or framed.

It would be immensely difficult in the Italian system for police or prosecutors to frame anyone and sustain this through two levels of appeal. With all its checks and balances and its professional career paths, it may be the system least prone to false final convictions in the world.

A number of Knox’s supporters, including Judy Bachrach, Paul Ciolino and Steve Moore, have claimed in the US media that Amanda Knox is being railroaded or framed, but they mis-state multiple facts and provide no hard proof or any reason why. The Hellmann appeal was wiped off the books, but they wrongly still draw upon that.

The collection of the DNA and forensic evidence was videotaped by the Scientific Police and, as the judges at the Supreme Court noted, defence experts were actually in the police labs to observe the DNA tests and reported nothing wrong:

“...the probative facts revealed by the technical consultant [Stefanoni] were based on investigative activities that were adequately documented: sampling activity performed under the very eyes of the consultants of the parties, who raised no objection”¦” (The Supreme Court report, page 93.)

The legal proceedings against Sollecito and Knox have been monitored throughout by US officials from the Rome embassy, and they at no time have ever expressed any concerns about the fairness or legitimacy of the judicial process.

Sources

Court documents
The Micheli report
The Massei report
Judge Giordano sentencing report
The Supreme court report
The Nencini report

Court testimony
Amanda Knox
Anna Donnino
Monica Napoleoni

Articles
The Daily Mail
The Times
The Telegraph
The Daily Beast
The Seattle Post-Intelligencer

Books
Death in Perugia, Kindle edition, John Follain
Angel Face, Kindle edition, Barbie Nadeau

Television programmes
Drew Griffins’ interview with Giuliano Mignini on CNN

Websites
The Freelance Desk: http://thefreelancedesk.com
Perugia Murder File.org: http://www.perugiamurderfile.org
Perugia Murder File.net: http://perugiamurderfile.net
CPS website: http://www.cps.gov.uk/publications/prosecution/lcn_testing.html
Seattle-Post Intelligencer: http://blog.seattlepi.com/seattle911/files/library/knoxincidentreport.pdf


Sunday, May 11, 2014

Knox Interrogation Hoax #1: Masterlist Of Posts Re Pre-Trial Events And Hoax Overview

Posted by Our Main Posters



Perugia Central Police Station at night (left-center)

1. Masterlist Of Posts In The Series

The Interrogation Hoax series will consist of a total of 24 posts.

These posts quote from a large number of transcripts only recently acquired and translated. There are no serious conflicts, no gray areas. One can assume with total certainty that this is the real thing (see Part 3 below), and that any other versions (see Part 4 below) are fabricated.

Numbering of posts 1-24 is not chronological, it represents the original order of postings.

1. What Happened At AK & RS Q&A Prior To 6 Nov

Click for Post: #19: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #1

Click for Post: #20: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #2

2. What Happened At Knox Q&A 6 Nov Ending 1:45 AM

Click for Post: #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov

Click for Post: #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness

Click for Post: #4: More Hard Realities From Rita Ficcara, More Nervousness From Defense

Click for Post: #12: Ficarra & Knox Notes PROVE Knox Merely Worked On Visitors Names List

Click for Post: #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov

Click for Post: #7: Testimony Of Witness Lorena Zugarini On The Knox Conniption 5-6 Nov

Click for Post: #8: Testimony Of Interpreter Donnino On Events Night Of 5 November

3. What Happened At Sollecito Q&A 6 Nov Ending 3:30 AM

Click for Post: #6: Sollecito Transcript & Actions Further Damage Knox Version

Click for Post: #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov

4. What Happened At Knox-Rights Session Ending 5:45am

Click for Post: #15: Knox Is Told Her Rights And Repeats Fake Murder Charge

5. What Of Relevance Happened In Ensuing Months

Click for Post: #13: The First Two Pre-Trial Opportunities Which Knox Flunked

Click for Post: #14: The Third Pre-Trial Opportunitty Which Knox Flunked

Click for Post: #16: The Fourth Pre-Trial Opportunity Which Knox Flunked

Click for Post: #17: Sollecito April 2008 Before Supreme Court Again Coldshoulders Knox

Click for Post:#18: The Final Pre-Trial Opportunities Which Knox Flunked

Click for Post: #21: Illustrating How Batshit Crazy The Interrogation Hoax Has Become

6. Why Investigators’ Version Won Hands-Down At Trial

Click for Post: #10: Why Prosecution And Defenses Never Believed Knox’s Version #1

Click for Post: #11: Why Prosecution And Defenses Never Believed Knox’s Version #2

2. Explaining Overall Arc Of Events

Much of the testimony listed above was about events at the central police station pre-arrest in early November 2007 and subsequent court attempts to achieve some believability and relief.

Early in 2009 at trial Knox and Sollecito sat glumly through all of the investigators’ pre-arrest testimony and cross-examination at trial. They were downhearted and apprehensive, and there were no smiles and few interruptions.

Subsequently Sollecito chose not to get on the stand, so from his team there really was never a rebuttal.

But Knox HAD to get on the stand, in July, for two days. She had no other way to defend herself against the serious felony crime of falsely framing Patrick for murder.

It was her word against theirs. It contradicted in many places what she had heard months earlier in sworn testimony from many investigators.

Knox’s version inevitably weakened a lot under cross-examination, and was ultimately a fail at trial and several appeals, even the annulled one.

Knox ended up serving three years. While on the stand she confirmed that she had been treated well, stiffing thousands of supporters duped into believing she had not been.

3. Explaining Court-Accepted Narrative For 6 Nov

This is an overview of Knox’s so-called “interrogation” at Perugia’s central police station, the subject of the first ten posts.

It led to her arrest and three years served. To make this picture really firm we will quote a lot of the testimony at trial. The Case Wiki carries all of these transcripts, many in English translation, and more. 

Senior Inspector Rita Ficarra testified that she arrived back at the police station late on 5 November, and finds her way blocked by a cartwheeling Knox.

She rebukes Knox, who testily responds that she is tired of the investigation. Rita Ficarra tells Knox to go home and get some sleep. Knox testily refuses, and remains there.

Shortly after, Ficarra suggests to Knox that if she really wants to help, she could add to the list of possible perps - men who Meredith knew and who might have visited the house.

This was a recap/summary, a simple checking of facts with someone who might or might not be of help. This could have been done on a street corner or in a house by a single officer. It was not a witness or suspect interrogation. From the transcript:

Ghirga: “While this interrogation - let’s call it thus - was in progress, some colleagues arrive…”  Ficarra: “It was not an interrogation, Attorney.” Ghirga: “They are called recaps/summaries.

Knox eagerly agrees. So they begin on the list.

This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total only Knox and four others (three of them women) are present.

Knox builds a list of seven people and adds maps and phone numbers (placed in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.

At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused.

In a separate wing Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks, and declares that Knox went out alone on the night, and made him lie.

Napoleoni moves through the questura to suggest to Ficarra to discuss the night of the attack with Knox in more detail and clarify who might have been present. Knox is not informed of Sollecito’s backtrack. She is asked for more names and spontaneously shares her phone. There is an outgoing to Patrick but no prior incoming. Knox is asked who Patrick is.

Suddenly, to the considerable surprise of others present, Knox has a yelling, head-clutching conniption (the first of several that night) and says “It’s him, it’s him, it was him, he killed her”. The session is halted.

Despite warnings she should not do so without a lawyer, Knox insists on a recorded statement which says she headed out to meet Patrick that night after he texted her. She accuses Patrick of killing Meredith. 

Efforts are made throughout the next several hours to try to help Knox to calm down. Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.

A second session ending at 5:45 is intended as merely a formal reading of Knox’s legal status and her right to a lawyer, with Dr Mignini presiding. She is to be held as a material witness and for her own protection.

Again warned that she should not speak without a lawyer, and no questions can be asked, Knox still insists on a second spontaneous accusation culminating in a second recorded statement.

This also says she went out to meet Patrick that night, also accuses Patrick of killing Meredith, and now also hints that Sollecito may have been there. 

Just before noon, now under arrest and about to be taken to Capanne Prison, Knox insists on writing out at length a third statement this time in English.

She gleefully hands it to Rita Ficcara who cannot read it as she as no English. In the statement, Knox included this damning remark, without any mention of having been coerced: “The questions that need answering, at least for how I’m thinking are… 2. Why did I think of Patrik?”

Knox’s lawyers never ever substantially challenge this version, and never lodge any complaint. At trial in 2009 they accept on the record that there was no interrogation, and leave standing that Knox insisted on all three statements, and dont ever pursue Knox’s claims that she was coerced.

Courts all noted that there is no mention in that third note of Knox having been coerced, although this note was her idea and she could put in it anything she liked. From this there never was any going back.

In July 2009 at trial, in face of days and days of prior investigator testimony, Knox brashly tried to substitute this scenario above with the one below. Of course she was disbelieved.

For the calunnia framing of Patrick Lumumba Judge Massei in 2009 sentenced her to a year more than Sollecito, amended by Judge Hellmann in 2011 to three years served.

The Supreme Court definitively overruled her calunnia appeal so for her false framing of Patrick she is a felon for life.

4. Explaining Knox Family & PR Alternative

Knox’s Italian lawyers were not a part of this; in contrast the American PR lawyer Ted Simon sought to introduce major confusion.

In Italy, lawyers are REQUIRED to report tales of abuse of their clients or face possible criminal charges. Contrariwise, if they knowingly report false charges they can face similar charges. So what they do is a strong indicator of truth. 

Amanda Knox’s lawyers not only did not ever report any abuse. They even announced publicly, in face of incessant claims of abuse by Knox, family, and PR forces, that they had seen no evidence of abuse and so would not be reporting. 

Though her precise claims vary and often contradict one another, Knox herself has on and off ever since November 2007 tried to put the investigators on trial - tried to blame the police for causing her conniption and her false accusation of Patrick for the death of Meredith.

Her fail rate has been spectacular.

Knox failed to convince (1) Supervising Magistrate Matteini and (2) the Ricciarelli review panel in November 2007, (3) failed to convince Prosecutor Mignini in December 2007, (4) failed to convince the Supreme Court in April 2008, (5) failed to convince the Micheli court in late 2008, (6) failed to convince the judges and jury at trial 2009, (7) failed at annulled appeal 2011, (8) failed at repeat appeal 2013, (9) failed to convince the Supreme Court in 2012 and (10) failed again in 2015.

As Knox’s team simply did not ever believe her, they may not have given this their hardest shot. It was not part of their largely spurious complaint to the EC HR.

And yet despite all of these failures, the huge and very nasty Knox PR effort went full-bore ahead with the abuse allegations anyway.

Read this post of 11 February 2009 which was about two weeks before the Knox “interrogators” were cross-examined at trial, and several months before Knox herself took the stand. Dozens of media reports repeated the Knox claims as if true.

Knox repeated them in her April 2013 book, and her December 2013 email to Judge Nencini, and her appeal to EHCR Strasbourg, and in some TV and newspaper interviews, including one with the Italian weekly Oggi which caused that paper legal harm.

This version has been blown up by Knox PR shills in internet posts, articles, TV interviews, and books. Among others propagating it have been Raffaele Sollecito (in his book), Doug Preston, Saul Kassin, Steve Moore (especially), John Douglas, Jim Clemente, Paul Ciolino, Michael Heavey, Greg Hampikian, Chris Halkidis, Mark Waterbury, Doug Bremner, Candace Dempsey, Nina Burleigh, Bruce Fischer, and many posters on the Knox sites and Fischer sites and on Ground Report.

Main claims included 50-plus hours of “interrogation”, numerous officers in teams, no food or drink, no sleep, no bathroom breaks, no lawyer, no recording, and much abuse and yelling and suggestions and threats. Way beyond anything even Knox herself and notably her own lawyers ever claimed. 

  • Here is Steve Moore claiming that around a dozen cops in rotating tag teams of two assaulted a starving and sleepless Knox over 20/30/40 hours, threatened her, and refused her a lawyer throughout.

  • Here is Saul Kassin claiming that Knox was interrogated over the entire night of 5-6 November, until she was finally broken and a coerced “confession” emerged - even though the “false confession” actually framed Patrick and was in reality a false accusation. That Kassin ignores.

  • Here are several former FBI profilers blatantly embellishing the same claims in a book, with (today) 60 five-star reviews.

And yet Knox’s own Italian lawyers specifically denied her accusations! No complaint against the police was ever lodged. All courts disbelieved her. Knox served her three years. But still the PR-driven hoax keeps resounding.


Wednesday, February 12, 2014

Admired Feminist Victoria Brownworth On Knox As Ice-Cold And Media’s Hit & Miss Performance

Posted by Peter Quennell





This is a key part (please read it all) from the great Victoria Brownworth’s Trial by Media - The Case of Amanda Knox

Is Knox guilty? Two long, complicated trials have said yes. Knox’s massive PR machine”“much like Simpson’s”“says no. That PR machine also ignores the fact that Knox falsely accused a black man of the murder and that he spent time in prison solely because of her accusation that she saw him take Kercher into the bedroom and heard her scream””while she, Knox, did nothing.

Angelina Antoinetti, Knox’s personal prison guard, told reporters after the conviction on Jan. 31 that Knox has reinvented herself for the media.

“Now she’s become this TV star, who cares passionately about what happened to her “˜friend’ Meredith Kercher, and wants the truth to come out. She’s painting herself as a warm, loving human being, but the Amanda I knew was so composed, I never saw her suffering and other prisoners and staff called her the Ice Maiden.”

Antoinetti said Knox “never, ever talked of Meredith or expressed emotion about her death. Whenever Meredith’s face came on TV she didn’t want to know and didn’t respond. She was impenetrable. Underneath the veneers she remains the same controlled woman I knew well in Capanne prison. She was so composed, I never saw her suffering.”

Antoinetti said that Knox “became attached to me. I opened her cell each morning and shut her in at night. She liked English music like the Beatles and always sang. She had guitar lessons, too.”

Knox was “unlike any other prisoner,” Antoinetti said. “I’ve never seen another girl like her, especially so young. She’s magnetic and manipulative. She had no emotions for people, only books. She never talked to other prisoners, she was only concerned about her world. Even when they freed her after the appeal, she didn’t speak to a single person she had just spent four years with, just walked out.

That’s not human, is it?”

And that is the question for many: Who is the real Amanda Knox?

As with the Simpson trial, the media has played a huge role in the Knox case. The U.K. papers labeled Knox “Foxy Knoxy” while the Italian papers played up Knox’s sexual history and the more lurid sexual elements of the case”“the assertion that the murder was a drug-fueled sex game gone wrong.

In the U.S. ABC News has been a virtual PR firm for Knox, devoting hours of time on both 20/20 and Good Morning America as well as the actual ABC Nightly News promoting Knox’s innocence. Diane Sawyer did a heavily promoted hour-long interview with Knox when she was released from prison in 2011. And when the Jan. 31 conviction came in, on her ABC Nightly News broadcast, Sawyer led with “the American girl” Amanda Knox”“even though Knox is 26. A full six minutes of broadcast time was devoted to Knox”“including video of her singing and playing guitar. When has a national news network treated a twice-convicted murderer in such a manner?

The two media portraits of Knox”“the sex-obsessed sexual manipulator she’s been portrayed as being by the European media and the pristine girl-next-door innocent-abroad the U.S. media has presented conflict, obviously. But what has been lost in the emphasis on Knox as the victim of the story is the actual murder victim, Meredith Kercher.


Tuesday, November 05, 2013

Appeal Court Sessions This Wednesday And Thursday Dont Look Very Promising For The Defenses

Posted by Peter Quennell




Expected proceedings and backdrop

The Carabinieri DNA report will be the main item and after an interruption from Sollecito we could see the final summations begin.

It is hard to believe that Doug Preston and other deniers of the plain facts have exulted in recent months that the Florence prosecution and court could be a big plus for the perps in their appeal. Presumably their joy was based on highly out-of-date takes on the 2010 move against Dr Mignini by a rogue Florence prosecutor in front of a rogue Florence judge.

Well, guess what? Both have been edged aside (like Hellmann and Zanetti), and the Florence Appeal Court and the Supreme Court have scathingly reversed Dr Mignini’s (and Dr Giuttari’s) faux conviction. And despite some ill-advised smearing still emanating from the Fischers, Moores, and other Knox parasites, Dr Mignini and his colleagues are seeing their careers and popularity (and 2009 success) riding very high. 

Judge Nencini and Prosecutor Crini are both hardened anti-Mafia battlers, and the not-so-hidden hand of the mafia in the Italian media campaign to poison public opinion against the court will not have escaped their attention for sure.

At least half a dozen of the parties on the defense bandwagon are known fellow-travelers of the mafia, and at least two are already headed for court - Luciano Aviello is already there for obstruction of justice, and Mario Spezi is headed there soon for a false and very elaborate framing of murder, a charge which could put him (and maybe Preston) away for a long while. The editor of Amanda Knox’s favorite mouthpiece, Oggi, is another we may see.

The same Florence prosecutors and courts will also be putting Frank Sforza on trial starting this wednesday with a preliminary hearing at which the details of the charges against him will enter the public domain. We will post then at more length. Our past commentary on Sforrza can be read here.

Frank Sforza has been a very close ally of some of the more hotheaded and misleading Amanda Knox supporters (both the Mellases, Steve Moore, Bruce Fischer, Michael Heavey, among others) and if he squeals to keep himself safe and out of jail, their own legal fortunes could take a big fall.

Frank Sforza is also required to appear for trial both in Perugia and Seattle, in both jurisdictions for physical abuse. If he fails to show in Florence (his Rome address is quite well known) we expect to see him nabbed by the police and sent on his way in handcuffs to all three trials. 

The same Florence prosecutors and courts are also contemplating new charges against Raffaele Sollecito and his publishing and PR bandwagon for the wild claims in his book, which were designed to poison public opinion agains the court and make him a ton of money. Those claims are a real minefield for Sollecito when he gets up and talks as they conflict both with what his team has said in court and what Knox said in her book.

Knox’s book, which was also designed to poison public opinion against the court and make her a ton of money, is being investigated by the chief prosecutor in Bergamo up north. At a minimum, the Florence prosecutors and judges will already know of this attack on the chief prosecutor which seems enough for a guilty verdict all by itself.

Contexting the DNA report

The main findings of the Carabinieri labs were summarised in the post directly below.

This further take on the context, and on who is up and who is down, was kindly contributed by one of our Italian court-watchers, who has many connections in Florence and Rome, and who sees the prosecution DNA teams as riding high now, and the defense forces and Vecchiotti and Conti as left with with no place to hide.

Dr. Barni and Dr. Berti, the two court-appointed Carabinieri RIS experts, are the authors of various internationally-circulated articles about presumptive blood tests, where they prove the opposite of some of the things the Sollecito—Knox sycophants deny. For example that bleach does decompose quickly when exposed to air and does not react to luminol after some 1-2 days.

Patrizia Stefanoni also has respected publications as a scientific author. In fact, in 2011 she was in the top 25 hits of forensic science with her publications, she has been even in first place  with this report.

The Carabinieri RIS note that the refrigerator has no temperature log; from this detail, albeit small within the overall report, we can deduce that Vecchiotti’s laboratory cannot have had ISO 9001 certification or any other international certification, given that the standards would require a temperature log.  Apparently the refrigerator doesn’t have an accurate thermometer either,  since the Carabinieri measured the temperature using one of their own.

Another detail noted at the beginning is this: the Carabinieri RIS expected the sample volume to be 24 microliters, since this was the remaining volume declared by Conti and Vecchiotti,  while Barni and Berti found it to be only between 16 and 17 microliters.  They infer that Vecchiotti and Conti might have been inaccurate on the estimation of the remaining amount after quantization, or hypothesize that the content might have evaporated over the last two years because the samples were not wrapped inside a protective film.

Vecchiotti and Conti had been already discredited, and have no credibility in the present appeal trial. However, the RIS finding might deliver a further blow to whatever might be their residual credibility. They had already previously been completely discredited because: 

    1. They were appointed by judges who are now completely discredited, whose conduct was found illegitimate for reasons of unprecedented gravity, and who received a devastating bashing from the Supreme Court;

    2. Vecchiotti and Conti were also discredited by Prosecutor Manuela Comodi in her court cross-eamaination in 2011, as the speciousness and falsehood of their arguments was exposed (this was the famous hearing where they claimed contamination on the ground that “everything is possible” and where Vecchiotti admitted she didn’t request negative controls)

    3. Vecchiotti and Conti were discredited scientifically by Novelli’s argument, as he explained that they should have tested the 36-I sample, and as he also explained that that he found no trace of contamination in the Scientific Police laboratory’s work, or any reason to suspect contamination of Meredith Kercher’s DNA, and he explained that attribution could be done accurately based on bio-statistical calculation without requiring a second confirmatory test.

    4. Finally, Vecchiotti and Conti were egregiously discredited by the Supreme Court which addressed a manifest issue in their “intellectual honesty”. Here is the Supreme Court ruling, page 65:  ” ... a member of the panel of experts could not assume any responsibility for unilaterally narrowing the scope of the mission, which was to be carried out without hesitation or reservation, in full intellectual honesty, giving a complete account of the possible insufficiency of the material or unreliability of the result. (...) “

The court mentions sardonically the judge-appointed expert’s “intellectual honesty”, and that is a very striking comment when found in a Supreme Court ruling: since the Cassazione is not a fact-finding panel, they don’t write about factual conclusions unless they appear prima facie as manifest and undisputable.

So the Supreme Court considers there are problems of intellectual honesty in the work of Vecchiotti and Conti, something manifest and obvious; the Court acknowledges they are obvious, something that anyone can see, which does not require a fact-finding by a judiciary organ to be pointed out.

Now the Carabinieri RIS report may bring further discredit upon Vecchiotti and Conti, if they have any credibility left. There are at least two reasons for this:

    1) Because the finding of a reliable DNA profile belies the assessment that was given by Vecchiotti and Conti that extraction of a profile would be impossible, and demonstrates that in fact it was possible to extract a reliable profile; incidentally the fact that a Carabinieri RIS test was ordered itself implicitly denies Hellmann-Zanetti’s assessment that any result from 36-I would anyway be useless because contamination could have occurred outside the laboratory; but also it credits Novelli while it discredits Veccchiotti and Conti on a scientific level,  because it explicitly denies the idea that small (Low Template) DNA amounts are unreliable.

    2) Because the Carabinieri RIS test employs the method proposed by Novelli, that is to couple Stefanoni’s “˜biologic’ analysis method with the statistical probability assessment method, in order to come to a certain attribution. Moreover, the Carabinieri RIS also point out that they can do this by assessing only 11 loci from a complex trace which also has foreign alleles (whereas trace 36-B analysed by Stefanoni was a “˜clean’, non-mixed profile matching a 17-loci sequence).

The Carabinieri RIS ran the test in “˜duplicate’ while Stefanoni made a single profile extraction. The Carabinieri point out that they can do this ““ divide even a smaller and more complex trace, and test it for comparison even on a smaller number of loci - because they now have “a system with extremely higher analytical performance which is able to provide result quantitatively and qualitatively better compared to previous systems”.


Monday, October 28, 2013

Some Hard Truths Sollecito PR Puppet Sharlene Martin Omits In Her Misleading Invite To The Congress

Posted by Our Main Posters





Dear Sharlene Martin:

Please dont say we didnt warn you before. In this notice of a Congressional “briefing” (read: paid highly misleading PR) you once again gloss over a number of hard truths.

You might well be advised to head to higher ground. The US Congress and the Administration will soon be left in no doubt about the correct facts of the case against Sollecito and Knox, as Italian law enforcement start to reach out to their counterparts in the FBI, and as they charge mischief-makers with obstruction of justice in the case, and as more and more reporters in the US and UK media wisen up.

Against your client, this was always a very strong case. And this alone has your client cooked. Here are some other corrections and correct background to the false claims you have just made.

    1) Senator Cantwell was already burned by associating too closely with your radioactive group. She spoke out daffily for Amanda Knox several years ago - and then, duly warned, she went quiet again. Ask her congressional staff for the story to that. And read our past heads-ups for Senator Maria Cantwell here and here.

    2) Your client Raffaele Sollecito wrote the most defamatory and misleading book about an Italian case in many years. Key claims have been repudiated by his own father on Italian TV. As his case is ongoing Sollecito is meant to fight it in the (very fair) Italian courts, not poison public opinion to lean on those courts. Sollecito is being considered for charges of obstruction of justice for the book and much else in the media, and you and the publishers may be charged too.

    3) This is NOT a third trial. It is a re-run of a first appeal. If the very well-run and highly decisive Massei trial of 2009 had been run in the US or UK it is hard to see what grounds if any, any appeal judge would accept for appeal. Your client would be near the end of his sixth year in prison. And it is known that the Hellmann Appeal and the DNA consultancy were both bent by Sollecito’s and Knox’s own teams (corrective measures have been taken with more to come) so the 6-year process is essentially your own team’s fault.

    4) John Douglas’s highly self-serving chapters on the case are among the silliest ever written in a crowded field. The very vain Douglas starts with the totally false premise that Knox was forced to confess after many many hours, and from there on out it is all downhill. He takes a faux position essentially identical to that of Saul Kassin. Read about Kassin’s own spurious and highly self-serving take on Knox’s “forced confession” here and here and here.

    5) Steve Moore lacks the correct expertise to analyse this case and he was never the ace crime scene investigator you claim. A dozen or more posts here show how unreliable and rambling he is. Among other things he appeared on a disastrous panel (with a team almost identical to yours - and an audience that peaked at 35) at Seattle University a couple of years ago. Read what two very astute lawyers thought of his man-in-a-bubble performance here and here.

    6) The hapless Michael Heavey was officially reprimanded for his bizarre intervention in the case. He was also on the disaster of a panel at Seattle University. He has got the basic facts wrong again and again and again. Here he is getting the facts wrong five years ago.  Here is his association with Frank Sforza, a key mis-stater of the key facts of the case and serial defamer of the Italian officials involved, who he was financially supporting - and who now faces three separate trials of his own.

    7) And the hapless John Q Kelly? This is a tough field in which to come out ahead but John Q was perhaps the silliest talking head for Knox and Sollecito on TV. He babbled on in the media about a railroading that never took place. Read how even his own colleagues considered him to have been duped here and here.

A Congressional briefing panel that is not made in heaven, that is for sure. Stay tuned. There is more to come.




Tuesday, October 08, 2013

Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?

Posted by Marcello




1. Problems Of Your “Guede did it alone” Mantra

Your attempts to frame Guede for the entire attack sound racist, and they fly in the face of a multitude of hard facts.

Why are you and your more untethered supporters arguing to the media that Rudy Guede alone attacked Meredith (he could not have), that he was a drifter (he wasnt), a burglar (he wasnt), and drug dealer (he wasnt), and that his DNA traces are “all over Meredith’s room” (they werent)?

There are surprisingly few DNA traces of Guede in there, and outside Meredith’s door there is only evidence of (1) his prior use of the south bathroom, and (2) his shoeprints headed straight for the front door.

There is zero evidence that Rudy Guede was ever in the shared bathroom (the one with Sollectio’s bloody footprint on the bathmat) and zero evidence he was in Filomena’s room (the one with the broken window and the mixed DNA of Meredith and Knox). 

2. Evidence Against You Is Far, Far Stronger

Explain if you can about Sollecito’s bloody footprint. Explain if you can about the evidence of cleanup. Explain this and this about your multiple contradictory alibis.

Explain if you can why YOUR own witnesses Alessi and Aviello were such disasters for your side in court. Explain your cell phone actions (or non-actions) and the timing and content of your phone calls, and your computer actions (or non actions).

Explain why in Sollecito’s book he claims he sent several emails throughout the night; but there zero records of such emails with his email provider. Explain why both Sollecito and Knox framed Dr Mignini.

There are three compelling reasons above all why the Massei court and the Supreme Court will remain totally unbending on the point that Guede did NOT attack Meredith alone, and that it had to be a pack attack on Meredith.

  • One is the full day of closed court testimony at trial by crime-scene experts from Rome who accounted for every point of evidence in Meredith’s room with a depiction of a 15 minute pack attack involving three people. This seriously upset the jury and your own defense was left essentially speechless.

  • One is the prosecution’s video shown in closed court during Summations of the recreation of the attack on Meredith, which accounted for every point of evidence with a 15 minute pack attack involving three people.  This seriously upset the jury and your own defense was left essentially speechless
  • .
  • One is that the entry of an attacker via Filomena’s room is so absolutely unbelievable. Your own defense always knew this, and barely tried to make that sale (hence the witnesses Alessi and Aviello).

There are seven other routes for a burglar to enter the house, all of them faster and quieter and five of them darker. You can see five in these images below: two via the east windows, three up onto the balcony and into the house via the louvre door or the kitchen window.

All seven routes would be obvious to any burglar, long before he walked all the way around the base of the house to beneath Filomena’s window (which he did several times in your scenario). 

3. The Numerous Questions From Which You Hide

On or after 6 November you have both promised to appear in the appeal court in Florence. You are apparently too nervous to face cross-examination under oath, but you have said you intend to try to explain things.

    1) Rudy Guede had been to the apartment at least twice already on prior occasions and knew the boys who lived in the lower story. Why did Guede choose to NOT break-in to the lower story where he knew (or could ascertain) that all four boys were away on holiday, and therefore could break-in and rummage with some certainty of not getting caught?

    2) Why did Guede choose to break-in to the upper story of the villa mid-evening, when he surely knew Knox and Kercher would be staying at the villa for the holidays and could have been there or returned at any time to “catch him in-the-act”?

    3) Surely Guede would have verified that no one was present by circling the cottage and checking if any lights were on in the windows? But Guede “missed” the really easy way in: the balcony in the dark at the rear, used in 2 burglaries in 2009.

    4) If Guede did circle the cottage to make sure no one was there before attempting the break-in, why would he then choose the most visible and more difficult path of entry through a second story window, as opposed to the more hidden and easier path of break-in at the back of the villa, which he would have noticed while circling the villa?

    5) Why would Guede choose to break-in through a second story window that was highly exposed to the headlights of passing cars on the street as well as exposed to night lighting from the carpark?

    6) Ms. Romanelli testified that she had nearly closed the exterior shutters. Assuming her memory is correct, there is no way a burglar could easily verify if the windows were latched and if the inner scuri were latched to the window panes, which would make access to the window latch impractical unless one was armed with a core drill or an ax. Why would Guede, who was certainly familiar with such windows, choose to attempt the break-in through a window that he could not easily verify would allow him quick access?

    7) Assuming the shutters were closed, Guede would have to climb up the wall and open the shutters before smashing the window with the rock. The night of the murder, the grass was wet from rain the previous day. Why was there no evidence of disturbed grass or mud on the walls?

    8) Guede had Nike sneakers, not rock climbing shoes. How did he manage the climb up the wall with that type of footwear?

    9) If the shutters were closed, or somewhat closed, how did Guede manage to lift himself up to the sill with only an inch of sill available to grab onto?

    10) Assuming Guede opened the shutters, how did Guede verify if the inner scuri where not latched to the window panes, which would prevent access to the window latch? There was no light inside Ms. Romanelli’s room to reveal that the scuri were ajar.

    11) Assuming Guede managed to check that the inner scuro behind the right-hand window was not latched, how did he manage to break the glass with a 9 lb rock with one hand while hanging on to the sill with the other?

    12) Assuming Guede managed check that the right-hand inner scuro was not latched, how did he break the glass with the rock without having glass shards fly into his face?

    13) If Guede climbed down to the lob the 9 lb rock at the window from 3 meters below, how would he do so to avoid glass shards raining down on him?

    14) If Guede climbed down to the lob the rock at the window from below, why would he choose a 9 lb 20 cm wide rock to lob up to a window 3 meters above him, with little chance of striking the window in the correct fashion?

    15) If Guede climbed down again and climbed back up to the carpark (up a steep slope with slippery wet grass and weeds) to lob the 9 lb 20 cm wide rock from the car park, why is there no evidence of this second climb down on the walls?

    16) Why did Guede choose a 9 lb 20 cm wide rock to throw from the car park, given that a large, heavy rock would be difficult to lob with any precision? Especially considering that the width of the glass in the window pane is only 28 cm wide, surely anyone, experienced or not, would have chosen a smaller, lighter rock to throw with greater precision.

    17) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Guede would have been roughly 11-12 feet away from the window, in order for the lob to clear the wood railing at the carpark. If the rock was thrown with some velocity, why is the upper 1/2 of the glass in the window pane intact, without any fracture cracks at all?

    18) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Why is there so little damage to the scuro the rock hit, so little damage to the terrazzo flooring impacted by the rock, and so little damage to the rock itself, which surely would have fractured more on impact with a hard terrazzo floor?

    19) Why was there no evidence of glass shards found in the grass below the window?

    20) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window, how does he manage to hoist himself onto the sill without cutting himself on the glass that was found on the sill?

    21) If Guede climbed the wall to open the shutters, hoisted himself onto the sill, tapped the glass with a 9 lb rock to lightly break the glass in a manner more consistent with how the window was broken, why did he throw the rock into the room, rather than let it fall into the grass below?

    22) Why was no dirt, grass, muddy shoeprints or similar trace evidence found on the window sill?

    23) Why was no dirt, grass, muddy shoeprints or similar trace evidence found in Romanelli’s room?

    24) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window again, hoisted himself onto the sill without cutting himself on the glass that was found on the sill, unlatched the window and stepped inside Filomena’s room, how did he manage to get glass on top of Romanelli’s clothing that was found under the window sill?

    25) Why would Guede, who would have spent a good 10 minutes trying to break and enter with the climbing up and down from the carpark, waste valuable time throwing clothes from the closet? Why not simply open the closet doors and rifle through the clothes without creating more of mess?

    26) Why did he disregard Romanelli’s laptop, which was in plain view?

    27) Why did Guede check the closet before checking the drawers of the nightstand, where surely more valuable objects like jewelry would be found?

    28) Why were none of the other rooms disturbed during the break-in?

    29) Assuming Ms. Kercher arrived to the cottage after Guede’s break-in, presumably when Guede was in the bathroom, why did she not notice the break-in, call the police and run out of the cottage?

    30) Assuming Guede was in the bathroom when Ms. Kercher returned, why go to the extent of attacking Ms. Kercher in her room rather than try to sneak out the front door, or through the window he had just broken, to avoid if not identification, at least more serious criminal charges?

    31) Assuming Ms. Kercher was at the cottage while Guede broke-in, why did she not call the police the moment she heard the rock crash through the glass, loudly thud to the terrazzo floor and investigate what was happening in Romanelli’s room while Guede was climbing back down from the car park and climbing back up to the window?

    32) Assuming Ms. Kercher was at the cottage while Guede broke-in, Guede could have been on the sill already because he had tapped the glass with the 9 lb rock to break it. Therefore perhaps Guede was already partially inside Romanelli’s room when he was discovered by Ms. Kercher. In this case Guede follows Ms. Kercher to her room in an attempt to dissuade her from calling the police and the assault ensues. But then, if this scenario is correct, when does Guede have time to rifle through Romanelli’s clothing and effects?

    33) Why is there a luminol revealed footprint in Romanelli’s room that has mixed traces of Knox’s and Kercher’s DNA ?

    34) Why does this footprint not match Guede’s foot size?

    35) If multiple attackers were required to restain Ms. Kercher, holding her limbs while brandishing two knives and committing sexual violence, then who else was with Guede and why no traces of this 4th (or more) person(s) were found, either in shoeprints, footprints, fingerprints, DNA or otherwise?

    36) If Guede and others were involved in the assault, why has Guede not acknolwedged them, and instead consistently hinted that, and finally admitting that Sollecito and Knox were with him during the assault?

    37) If Guede and others were involved in the assault, why do the other shoeprints, footprints, DNA traces and fingerprints all point to Knox and Sollecito being present during the assault, in one way or another?


4. Italy Is Not Buying The Racist Mantra

If your racist mantra remains “the black guy did it alone” and “Italians are corrupt and stupid” you need to PROVE that. If you cannot answer all of these questions above, this will deservedly cook you.

You could be facing 30 years with the “mitigating factors” canceled and the new penalties you will incur for your dishonest books and PR campaigns.


[Five easier ways in: 3 via balcony (note two drainpipes, window grid below), 2 via side windows]










Sunday, June 16, 2013

Questions For Knox: Do You Really Think “False Memories” Claim Framing Italians Yet Again Will Help?

Posted by Our Main Posters



[You say Madison Paxton found Kassin? So why did Bruce Fischer and Sarah claim to have done so??]

1. Your Real Persona, Widely Observed

Remember that Italians have seen a lot more of the real you than most Americans ever have. Italians all saw the real you described here and here.

That is why maybe 95% of all Italians long ago concluded for your guilt. At times you can come across as winning but, as there on the stand, too often as brash, sneering, sharp-elbowed, humorless, uncaring, and self-absorbed.

That is the Knox that put off many who encountered you in Seattle, it is why you had Halloween largely alone, and why you put off almost everyone you encountered in Perugia. Including everyone in your house in Perugia, and most in Patrick’s bar - and this literally in less than a month.

The “lost little girl” persona, the “chaste girl who never did sex and drugs” persona, the “diligent girl who studied so hard” persona, and the “they all want to get me because I am so fantastically cute” persona you or your agenda-driven shadow-writer put in the book have many people who have seen a lot of you in strong disbelief.

Can you name even one good friend who still stands by you in Perugia, given that even Raffaele Sollecito has placed you at the brink of a cliff?

By the way, this is not an unkind group, mostly comprised as it is of professionals, and some surprising things you yourself said in your book confirmed a suspicion about untreated root causes that we mentioned here.

2. Pages 270 to 272 Of Your Book With Your False Claims Highlighted

Let us first quote what you claim about your interrogation as “explained” by Saul Kassin who had at this point diagnosed you only long-distance and talked with not even one person who was there. False claims are shown in bold.

Thankfully Madison had researched the science on false confessions. She found Saul Kassin, a psychologist at John Jay College of Criminal Justice in New York. A specialist in wrongful convictions, he took the mystery out of what had happened to me.

Before my interrogation, I believed, like many people, that if someone were falsely accused, they wouldn’t, couldn’t, be swayed from the truth while under interrogation. I never would have believed that I could be pressured into confessing to something I hadn’t done. For three years I berated myself for not having been stronger. I’m an honest person. During that interrogation, I had nothing to hide, and a stake in the truth “” I desperately wanted the police to solve Meredith’s murder. But now I know that innocent people often confess. The records kept of people convicted of a crime and later exonerated by DNA evidence show that the DNA of 25 percent of them didn’t match the DNA left at the scene. The DNA testing showed that one in four innocent people ended up confessing as I did. And experts believe that even more innocent people confess, both in cases with and without DNA evidence.

According to Kassin, there are different types of false confessions. The most common is “compliant,” which usually happens when the suspect is threatened with punishment or isolation. The encounter becomes so stressful, so unbearable, that suspects who know they’re innocent eventually give in just to make the uncomfortably harsh questioning stop. “You’ll get thirty years in prison if you don’t tell us,” says one interrogator. “I want to help you, but I can’t unless you help us,” says another.

This was exactly the good cop/bad cop routine the police had used on me.

Besides being compliant, I also showed signs of having made an “internalized” false confession. Sitting in that airless interrogation room in the questura, surrounded by people shouting at me during forty-three hours of questioning over five days, I got to the point, in the middle of the night, where I was no longer sure what the truth was. I started believing the story the police were telling me. They took me into a state where I was so fatigued and stressed that I started to wonder if I had witnessed Meredith’s murder and just didn’t remember it. I began questioning my own memory.

Kassin says that once suspects begin to distrust their own memory, they have almost no cognitive choice but to consider, possibly accept, and even mentally elaborate upon the interrogator’s narrative of what happened. That’s how beliefs are changed and false memories are formed.

That’s what had happened to me.

I was so confused that my mind made up images to correspond with the scenario the police had concocted and thrust on me. For a brief time, I was brainwashed.

Three years after my “confession,” I’d blocked out some of my interrogation. But the brain has ways of bringing up suppressed memories. My brain chooses flashbacks””sharp, painful flashes of memory that flicker, interrupting my conscious thoughts. My adrenaline responds as if it’s happening in that moment. I remember the shouting, the figures of looming police officers, their hands touching me, the feeling of panic and of being surrounded, the incoherent images my mind made up to try to explain what could have happened to Meredith and to legitimize why the police were pressuring me.

This new knowledge didn’t stop my nightmares or flashbacks, but I was so relieved to learn that what I’d been through wasn’t unique to me. It had been catalogued! It had a name! As soon as I understood that what happened during my interrogation wasn’t my fault, I started forgiving myself.

Kassin and others show that interrogations are intentionally designed to bewilder and deceive a suspect. Originally created to get highly trained, patriotic U.S. fighter pilots to sell out their country during the Korean War, one technique uses a tag team of investigators and tactics meant to induce exhaustion, agitation, and fear. It’s especially potent on young, vulnerable witnesses like me. The method was designed not to elicit information but to plant it “” specifically tailored to destroy an orderly thought process. After some hours, the subject gives the interrogators what they want “” whether it’s the truth or not.

In my case they’d put several interrogators in a room with me. For hours they yelled, screamed, kept me on edge. When they exhausted themselves, a fresh team replaced them. But I wasn’t even allowed to leave to use the bathroom.

These were strategic measures, many of which are described in Kassin’s report on police interrogation, “On the Psychology of Confessions: Does Innocence Put Innocents at Risk?” Reading it, I was flabbergasted to learn how by the book the police had been in their manipulation of me.

It had been the middle of the night. I’d already been questioned for hours at a time, days in a row. They tried to get me to contradict myself by homing in on what I’d done hour by hour, to confuse me, to cause me to lose track and get something wrong. They said I had no alibi. They lied, saying that Raffaele had told them I’d asked him to lie to the police. They wouldn’t let me call my mom. They wouldn’t let me leave the interrogation room. They were yelling at me in a language I didn’t understand. They hit me and suggested that I had trauma-induced amnesia. They encouraged me to imagine what could have happened, encouraged me to “remember” the truth because they said I had to know the truth. They threatened to imprison me for thirty years and restrict me from seeing my family. At the time, I couldn’t think of it as anything but terrifying and overwhelming.

That was exactly their point.

Highlighted in bold is another large body of your many easy-to-disprove lies as in the previous post.

Your bizarre analysis leads to many many questions.

    What honest person? You served three years for felony lying. Exactly how did you ever help the police? What good cop/bad cop routine? There were only ever 2 or 3 interviewers there. What airless room? You were in a very modern building with air conditioning. What shouting? What 43 hours of interrogation? You had at most been questioned for one or two hours - and only for a few minutes on this night when you “broke”.  What story were police forcing on you? Why were you so confused and stressed - other than that Sollecito had just left you with no alibi? What did the police concoct and thrust on you, and why? Why didnt they do that to anyone else? So many others were interviewed too.

    You are not even in Kassin’s “vulnerable” target group. How could you possibly be brainwashed in such a short time? What do you mean “after some hours”? What hours? Who exactly yelled and screamed and kept you on edge? What fresh tag team? Who stopped you leaving the interrogation room for a bathroom break? Why did you testify that you were given refreshments and treated well? Why did your own lawyers say you were treated well? Why did they never lodge a complaint? Why when you had an excellent interpreter did you say you couldn’t understand? Why would police threaten to imprison you for 30 years when their whole interest moved quickly to Patrick as you engineered? And why after the interview when you were left sitting in a corridor, babbling and being calmed down, did you not simply walk right out?

In fact, nobody ever accused you of anything at all in your voluntary witness interview.

You were put under no pressure to confess. Not so long after Sollecito fingered you, you spontaneously blamed Patrick for Meredith’s death. For the next several hours, you babbled on, again and again blaming Patrick. Dr Mignini then witnessed you being warned, and barely said a word.

And of course you never ever did confess that you participated in the attack on Meredith yourself. You are really claiming a false confession - when you didnt even confess? 

Sollecito similarly cracked spontaneously in an adjacent room, and he pointed the blame at you. Its very noticeable in all of the above that you essentially dont even mention his name. Nor does Kassin.

So what made Sollecito crack? You don’t explain that.

3. Saul Kassin’s Version with His False Claims Highlighted

It seems that Kassin was subjected to the toxic Misinformation Cloud conjured up by the Rank Amateurs for Knox, and Kassin very foolishly failed to check with anyone at all who had been on the spot.

Here are the relevant passages from Saul Kassin’s paper in American Psychologist with his false claims highlighted in bold.

As illustrated by the story of Amanda Knox and many others wrongfully convicted, false confessions often trump factual innocence. Focusing on consequences, recent research suggests that confessions are powerfully persuasive as a matter of logic and common sense; that many false confessions contain richly detailed narratives and accurate crime facts that appear to betray guilty knowledge; and that confessions in general can corrupt other evidence from lay witnesses and forensic experts””producing an illusion of false support. This latter phenomenon, termed “corroboration inflation,” suggests that pretrial corroboration requirements as well as the concept of “harmless error” on appeal are based on an erroneous presumption of independence among items of evidence. In addition to previously suggested reforms to police practices that are designed to curb the risk of false confessions, measures should be taken as well to minimize the rippling consequences of those confessions…. 

Meredith Kercher was found raped and murdered in Perugia, Italy. Almost immediately,  police suspected 20-year-old Amanda Knox, an American student and one of Kercher’s roommates””the only one who stayed in Perugia after the murder. Knox had no history of crime or violence and no motive. But something about her demeanor””such as an apparent lack of affect, an outburst of sobbing, or her girlish and immature behavior”” led police to believe she was involved and lying when she claimed she was with Raffaele Sollecito, her new Italian boyfriend, that night. 

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. In many ways, Knox was a vulnerable suspect””young, far from home, without family, and forced to speak in a language in which she was not fluent. Knox says she was repeatedly threatened and called a liar. She was told,  falsely, that Sollecito, her boyfriend, disavowed her alibi and that physical evidence placed her at the scene. She was encouraged to shut her eyes and imagine how the gruesome crime had occurred, a trauma, she was told, that she had obviously repressed. Eventually she broke down crying,  screaming, and hitting herself in the head. Despite a law that mandates the recording of interrogations, police and prosecutors maintain that these sessions were not recorded. 

Two “confessions” were produced in this last session,  detailing what Knox called a dreamlike “vision.” Both were typed by police””one at 1:45 a.m., the second at 5:45 a.m. She retracted the statements in a handwritten letter as soon as she was left alone (“In regards to this “˜confession’  that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”). Notably, nothing in the confessions indicated that she had guilty knowledge. In fact, the statements attributed to Knox were factually incorrect on significant core details (e.g., she named as an accomplice a man whom police had suspected but who later proved to have an ironclad alibi; she failed to name another man, unknown to police at the time, whose DNA was later identified on the victim). Nevertheless, Knox, Sollecito, and the innocent man she implicated were all immediately arrested. In a media-filled room, the chief of police announced: Caso chiuso (case closed). 

Police had failed to provide Knox with an attorney or record the interrogations, so the confessions attributed to her were ruled inadmissible in court. Still, the damage was done. The confession set into motion a hypothesis-confirming investigation, prosecution, and conviction. The man whose DNA was found on the victim, after specifically stating that Knox was not present, changed his story and implicated her while being prosecuted. Police forensic experts concluded that Knox’s DNA on the handle of a knife found in her boyfriend’s apartment also contained Kercher’s blood on the blade and that the boyfriend’s DNA was on the victim’s bra clasp. Several eyewitnesses came forward.  An elderly woman said she was awakened by a scream followed by the sound of two people running; a homeless drug addict said he saw Knox and Sollecito in the vicinity that night; a convicted drug dealer said he saw all three suspects together; a grocery store owner said he saw Knox the next morning looking for cleaning products; one witness said he saw Knox wielding a knife. 

On December 5, 2009, an eight-person jury convicted Amanda Knox and Raffaele Sollecito of murder. The two were sentenced to 26 and 25 years in prison, respectively. Finally, on October 3, 2011, after having been granted a new trial, they were acquitted. [Actually they still stand accused - and facing a tough fact-based prosecution appeal] Ten weeks later, the Italian appeals court released a strongly worded 143-page opinion in which it criticized the prosecution and concluded that there was no credible evidence, motive, or plausible theory of guilt. For the four years of their imprisonment, this story drew international attention (for comprehensive overviews of the case, see Dempsey, 2010, and Burleigh, 2011).1

It is now clear that the proverbial mountain of discredited evidence used to convict Amanda Knox and Raffaele Sollecito was nothing but a house of cards built upon a false confession. The question posed by this case, and so many others like it, is this: Why do confessions so often trump innocence? ...

Third, it is important to realize that not all evidence is equally malleable or subject to corroboration inflation. Paralleling classic research indicating that expectations can color judgments of people, objects, and other stimuli that are ambiguous as opposed to those that compel a particular perception, forensic research indicates that ambiguity is a moderating condition. Asked to report on an event or make an identification decision on the basis of a memory trace that cannot be recovered, eyewitnesses are particularly malleable when confronted with evidence of a confession (Hasel & Kassin, 2009). This phenomenon was illustrated in the case against Amanda Knox. When police first interviewed Knox’s British roommates, not one reported that there was bad blood between Knox and the victim. After Knox’s highly publicized confession, however, the girls brought forth new “memories,” telling police that Kercher was uncomfortable with Knox and the boys she would bring home (Burleigh, 2011). ... 

In recent years, psychologists have been critical of the problems with accuracy, error, subjectivity, and bias in various types of criminal evidence””prominently including eyewitness identification procedures, police interrogation practices, and the so-called forensic identification sciences,  all leading Saks and Koehler (2005) to predict a “coming paradigm shift.” With regard to confessions, it now appears that this shift should encompass not only reforms that serve to minimize the risk of false confessions but measures designed to minimize the rippling consequences of those confessions””as in the case of Amanda Knox and others who are wrongfully convicted.

4. An Exposure Of Ten Of Saul Kassins’s False Claims

Our main poster the Machine exposes further how Kassin’s key claims are wrong.

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 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

Other claims by Kassin are also inaccurate. He claims that not one of your acquaintances had reported there was bad blood. That also is untrue. Even prior to the witness interrogation, law enforcement knew from multiple sources that you had been feuding with just about everyone. Acquaintances created no “new memory”. The bad blood you created was quite real. 

5. How Kassin Bends His Own Science To Make Results Come Out “Right”

Our main poster Fuji dug deeper into the science and turns up what is an obvious scientific fraud by Kassin to insert himself into the case.

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.

6. Kassin’s Paper with Correct Facts and Context Now Included

Here is our main poster BR Mull describing what actually took place.

On November 2, 2007, British exchange student Meredith Kercher was found sexually attacked and murdered in Perugia, Italy. The next day, 20-year-old Amanda Knox, an American student and one of Kercher’s roommates, became a person of interest, along with Meredith’s downstairs neighbors and several of her other acquaintances. Interviewing close contacts is a cornerstone of police work. Two of Meredith’s close English friends, who were so scared they couldn’t sleep alone, left Perugia in the immediate aftermath of the murder. Everyone else stayed on.

Months before arriving in Perugia, Knox received a citation for a noise violation when a going-away party she’d thrown for herself in Seattle got out of hand. One of the officers described it as a “scene from Baghdad.” Within about three weeks of moving into the cottage in Perugia, Knox was ejected from a nightclub for pouring her glass on the head of a disc jockey.

It’s often said that Knox had no motive to kill Meredith, but it was Knox’s claim of drug use which indicated a possible motive: a drug-fuelled assault. There are various others, though a motive is not actually required for conviction. In crime scene videos from the day Meredith’s body was discovered, Knox can be seen outside the cottage glancing furtively around. Still, it was not this and other odd behavior, but rather the many conflicting witness statements by Knox and her new Italian boyfriend, Raffaele Sollecito, that led police to believe Knox was involved and lying when she claimed she was with Sollecito at his home continuously on the night of November 1.

Police interviewed dozens of witnesses in the days after the murder, some more than once. All witness statements were written down and signed for, not recorded. The police interviewed Sollecito for the third time beginning at 10:40pm on November 5. Knox later testified that she voluntarily accompanied her boyfriend to the station, because she didn’t want to be alone. The police did not summon her. To the interviewers’ surprise, Sollecito repudiated his earlier alibi when shown phone records, and now said Knox had left his apartment for much of the evening. Some time after 11:00pm the police asked if they might interview Knox. An interpreter was called and by 1:45am Knox had given a signed statement that she had witnessed the sounds of her employer, bar owner Patrick Lumumba, murdering Meredith at the cottage.

In that statement she acknowledged that she had been given an interpreter, and that she herself was now officially a suspect. Knox later testified that she was treated well. She was offered snacks and drinks during the interview and afterward. Made aware that she could not be interrogated without a lawyer, but still anxious to put out as much information as possible, she then requested a chance to make a spontaneous statement without any questioning. The prosecutor on duty agreed, and she gave a statement in front of him very similar to her witness statement from hours earlier.

Knox and the police gave different accounts of how the 11:00 to 1:45 am interview was conducted. Police said Knox was told Sollecito now no longer confirmed her alibi and he had called her a liar. She now had no alibi. Sympathetic to her because Knox now had no alibi, the interpreter urged her to try to remember at least something.  Shown a text she had sent to Lumumba at 8:35pm saying “See you later. Have a good evening!” she was asked to explain this. The police say Knox started to cry and burst out, “It’s him! It’s him!”

Both Knox’s witness statement at 1:45 a.m and her voluntary suspect statement at 5:45am were written out in Italian and translated back to her before she signed. After Knox was formally taken into custody at midday on November 6, she asked for paper and wrote a slight modification of her earlier statements, adding: “In regards to this “˜confession’ that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”

Lumumba was arrested along with Knox and Sollecito. Knox and her mother held out on his non-involvement, but he was eventually determined to have a solid alibi. Another man, Rudy Guede, was identified through a hand print in Meredith’s bedroom. Knox appeared to have substituted Lumumba for Guede in her statements, and several details of the crime in her so-called confession were later corroborated by witnesses.

Because police had not needed to provide Knox with an attorney at the impromptu witness interview after 11:00, the Supreme Court ruled that statement inadmissible in the murder case against her. However both statements were ruled admissible in court for the purpose of establishing the crime of defamation against Patrick Lumumba. Knox’s November 6 letter was also ruled admissible.

Guede, the man whose DNA was found on the victim, told a friend while he was still on the run that he had found Meredith stabbed and that Knox had nothing to do with the murder. However, in the same conversation, which was recorded by police, he speculated that Knox and Sollecito might have been at the cottage. In a letter dated March 7, 2010, while his sentence was awaiting final confirmation by the Supreme Court, Guede wrote that Knox and Sollecito murdered Meredith. He reiterated this claim as a witness during Knox and Sollecito’s appeal.

Forensic police from Rome concluded that a kitchen knife found in Sollecito’s apartment had Knox’s DNA on the handle and Meredith’s DNA on the blade. Sollecito’s DNA was on the victim’s bra clasp in Meredith’s locked bedroom.

Several eyewitnesses came forward. Three neighbors testified that they heard a disturbance around 11:30pm in the vicinity of the cottage. A homeless man who at appeal admitted heroin use was reading a newsmagazine at the basketball court near the cottage. He testified that he saw Knox and Sollecito four or five times that night. An Albanian, a possible drug dealer. who the Massei court deemed unreliable after the Micheli court accepted him, said he had seen all three suspects together, and that Knox had accosted him with a knife. A grocery store owner testified he saw Knox at his shop early on the morning after the murder.

The conflicting alibis of the two were never resolved during trial. On December 4, 2009, an eight-person panel consisting of two professional judges and six lay judges found Amanda Knox and Raffaele Sollecito guilty of murder aggravated by sexual assault, simulation of a burglary, unlawful carrying of a knife and, in Knox’s case, criminal defamation of Patrick Lumumba. The two were sentenced to 26 and 25 years in prison, respectively….

Knox’s mother later described her daughter as “oblivious to the dark side of the world.” Knox herself wrote that, on the night of the murder, she and Sollecito were talking about his mother’s suicide. She told him her philosophy was “life is full of choices and that these choices are not necessarily between good and evil, but between what’s better and what’s worse.”...

7. Our Concluding Advice

You simply didnt remotely fit Kassin’s own profile of those who break easily under interrogation and make things up. Your suspect interrogation was gentle, brief and considerate, as you have said, and didnt remotely fit Kassin’s claims. And of course, you never made a false confession on that night or any other.

Do you really want this guy or yourself cross-examined on the stand? Again, it may be the last good time to try to walk all of your malicious invention back.


[Saul Kassin with President Travis of John Jay College who lets the false anti-Italy allegations stand]


Saturday, January 12, 2013

How Much To Place Blame On Guede? IMMENSE Headache For RS & AK Teams

Posted by Cardiol MD



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

Zero To 100% Guede Was Claimed Sole Attacker

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

Well, it certainly varies. In trial court and first-appeal court it was never ever 100%.

Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.

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

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

Our next post will look at the categoric claims against Guede by whoever wrote that book. Meanwhile, here and now, let’s start at the beginning.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Verrrry tough situation for defense counsel to be in.


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