Category: Amanda Knox

Monday, February 20, 2012

HarperCollins: Perhaps This Explains Why Jonathan Burnham Was Inspired To Take Such A Seeming Risk

Posted by Peter Quennell

HarperCollin’s parent company News Corp itself continues to be a major news items, especially in the UK.

Rupert Murdoch’s News Corp vehicles have had a history of racy reporting and and right-wing-party support, and now both are rather on the outer. The investigations in London into phone tapping and bribing of police for stories seem only to be getting worse.

As a result NYC-based News Corp and its minions, perhaps including HarperCollins (Jonathan Burnham is one of Rupert’s talented British imports to New York) might be making some risky or unwise moves.

Okay. Back to the stock charts once again to see what the collective voting wisdom of informed investors may be telling us about this.

News Corp cannot be compared directly to Lagadere the parent company of Hachette which is soon to publish John Kercher’s “Meredith” as the Paris-based Lagadere is not listed on the New York exchange,

So here above we show the stock for Penguin Publishing’s parent company Pearson instead. It is a good surrogate as Lagadere and Pearson are the world’s two most successful and fastest-growing publishing groups.

What does the chart above tell us? (Click it for a larger version.) The green curve is the Dow Jones index, which is the stock exchange’s large-company average.

• Over the five years shown Penguin’s parent Pearson (red curve) is UP around 20% compared to the average.
• Meanwhile HarperCollins’s parent News Corp (blue curve) is DOWN an amazing 30 percent compared to the average.

That 30 percent down represents a drop of over FIFTEEN BILLION DOLLARS in five years in the market value of the parent company. Very worrisome for the hard-pressed Mr Murdoch and the increasingly edgy News Corp stock holders.

And who knows? Maybe it helped inspired Mr Burnham in his office a few blocks away (he surely owns the News Corps stock and wants the whole company to gain) to go for broke on the Knox book with $4 million down.

Did any of the main media reporting on the book (over 200 hits on Google News) happen to mention this?!

Sunday, February 19, 2012

HarperCollins: A Commendably Balanced Report By The UK Daily Telegraph’s Iain Hollingshead

Posted by Peter Quennell

Iain Hollingshead has written a fair and balanced piece in the Daily Telegraph. It contains quite a few notes of caution for HarperCollins:

1) Iain Hollingshead has this restrained Anne Bremner comment from her side though it fails to mention the million-dollar-plus PR campaign that has so many people addled on the real evidence; a pity Iain Hollingshead didnt press her.

“No one here has lost sight of the enormity of the fact that Meredith was killed,” says Anne Bremner, a Seattle-based lawyer and a spokeswoman for the Friends of Amanda Support Group. “But there’s widespread belief in Amanda’s innocence. And when something horrible happens, people all over the world are interested in how you get through it.”

Something horrible happened to Meredith too, of course - and she didn’t get through it. Anne Bremner might press Amanda Knox to make sure to answer in her book the several hundred open questions.

2) Then Iain Hollingshead quotes a London agent who is saying, like other agents and publishers, that HarperCollins sure seems to have taken on a risky publishing venture:

A positive balance sheet is far from guaranteed, however. “I think it’s very risky money,” says Ed Victor, the London-based literary agent whose clients range from Keith Richards to Alastair Campbell and Frederick Forsyth. “But all advances at that level are risky. A lot will depend on whom they hire as the collaborator. It has to be written well.”

3) Also Iain Hollingshead points out what many others have previously pointed out which is that that Knox is not really known for good prose or interesting writing:

HarperCollins hasn’t released the name of the ghostwriter, but one imagines they will have their work cut out. Not only is the book scheduled for publication early next year, they will also have to tread the fine line of polishing Knox’s prose without losing her voice. Although Knox is said to have harboured long-standing dreams of becoming a writer, extracts from her prison diaries ““ some of which were given to investigators in an attempt to clear her name and were later leaked to newspapers ““ suggest that she has a little way to go. One poem read: “Do you know me? Open your eyes and see that when it is said I am an angel, or I am a devil, or I am a lost girl, recognise that what is really lost is: the truth!”

By the way, Mr Burnham of HarperCollinws is widely quoted as saying that Amanda Knox’s side of it is the only one still to come out.  He seems to think that her side of it is still a mystery, and that the world is holding its breath.

Really?!

She seems to be one of the most widest quoted perps or suspected perps or non-perps in all history. In fact, she talked so much in the early days that her own lawyers had to publicly caution her to stop piling wrong explanations on wrong explanations.

There are her letters and her emails and her diaries and her notes to police and prosecutors. Plus long quotes from her in books by for example Rocco Girlanda. Plus her two full days on the witness stand. Plus half a dozen major statements to the trial court and appeal court. Plus a few hundred quotes from her family on her behalf. Plus her whole raft of alibis.

Often (when her parents and lawyers are not shushing her) she seems to be digging herself in deeper. Which elements of her story does Mr Burnham think we are all waiting for?

4) Also (although Iain Hollingshead fails to mention John Kercher’s book due in April and may not know about it) he points out that Meredith is the real victim in this case and a very sympathetic one especially in the UK.:

In the British market, Knox’s book will face far greater challenges than the quality of her ghosted prose. “I don’t think the book will be huge here because a lot of British sympathies are with the British victim,” says Victor.

5) Also Iain Hollingshead points out that when there is a sympathetic real victim there is little evidence that the perp or framed perp (dont they all claim they are framed?!) sells a lot of books:

The interest in the O”‰J Simpson case, for example, did not lead to good sales for his book, If I Did It. And while many pundits are comparing Knox’s book to Jaycee Dugard’s A Stolen Life, the memoir of the Californian girl held against her will for 18 years which has sold more than a million copies since last July, Victor thinks the comparison unhelpful. “She was the victim of a crime, not the putative perpetrator of a crime,” he says. “And that’s a big difference. You could say she was the victim of a miscarriage of justice ““ but so are a lot of people.”

6) And Iain Hollingshead shows us that Andrew Gumbel, Sollecito’s ghost writer, is pretty uninformed on the case.

We will now be able to watch him having a tough time writing on the hard evidence and the fair Italian system and the real character of the druggie loner Sollecito. Assuming that Mr Gumbel hasn’t made up his mind:

“The book will be a lot of things: a love story, a harrowing description of an innocent young man in prison, a full-blooded Italian family drama, and a legal thriller,” says Gumbel. “But these are not the only reasons I got involved: what happened to Raffaele and Amanda was inexcusable and unconscionable and my intention is to get to the bottom of exactly why they were targeted.”

Gumbel denies he’s cashing in on a brutal murder. “I know that, in Raffaele’s case, no day has gone by without him thinking of Meredith and the hell her family has gone through,” he says. “We are not ‘cashing in’ on her death, but rather illuminating the way the Italian police and judiciary compounded the tragedy by throwing two young people into prison for no good reason. Their stories ““ both their stories ““ deserve to be heard and I believe it is important that they are.”

Cashing in on Meredith’s death? No, the thought never even occurred to us. Image of the accusatory and under-researched Mr Gumbel below. Keep on his tail Mr Hollingshead.

7) We would have liked Iain Hollingshead to touch on the risks of calunnia for HarperCollins, but to be fair to him it is doubtful he knows what in the very fair Italian system that defense for those unfairly attacked means.

Mr Burnham and Mr Gumbel seem to be setting themselves up nicely to find out.

[Below: Sollecito ghost writer Andrew Gumbel; and Sollecito book agent Sharlene Martin]

Friday, February 17, 2012

Were Prospective Knox Publishers Given The Full Score On The Likely Legal Future Of This Case?

Posted by Peter Quennell

[Above: the seemingly hornswoggled Jonathan Burnham and Claire Wachtell of the HarperCollins house]


One publisher who passed on the Amanda Knox book then came here to read and told us he was rather shocked.

All the publishers going in to the auction were apparently not briefed by the Knox huckster team about the legal minefield this case still continues to represent. It may not have mattered to HarperCollins of course. It was HarperCollins that published OJ Simpson’s notorious “If I Did It” and they seem to have come out ahead.

One of the quirky outcomes of the Simpson venture the Amanda Knox team might like to draw a lesson from is that the “If I Did It” book (written by a ghost writer for Simpson, and as one Amazon reviewer said “chock full of omissions”) directly fueled the public anger that helped to put Simpson behind bars for a long time.

Typical of the hyper-cautious Italian system, this case is passing through three automatic phases like a three-act play.  The Knox team can beef now about harassment and double jeopardy, but they have filed their own Supreme Court appeal, and it is written into the Italian constitution that no verdicts and sentences that are appealed are final until the Supreme Court signs off.

Act One

Act One started early in 2009 three months after Guede’s trial and we all saw as reported here on TJMK a very speedy and precise presentation of the prosecutions’ case. This was followed by the spectacle of Amanda Knox doing herself considerable harm in her two days on the stand. Thereafter through autumn and well into winter 2009, a weak and faltering defense was presented, with several court days simply cancelled because the defense could think of nothing more to say.

Judge Massei’s jury then quickly came to a unanimous verdict and he wrote up the reasons for it in an excellent 425-page report. He differed in only one major respect from Judge Micheli who in October 2008 concluded that Amanda Knox had organized and led the pack against Meredith and that Rudy Guede was unwittingly or accidentally drawn in to her torture and murder. (He still handed Guede 30 years.)

Judge Massei didnt cover the Rudy Guede evidence in nearly the same depth as Judge Micheli (Guede was only briefly in the Massei courtroom, and because Mr Mignini would not do a deal he barely spoke). In rather a stretch, Judge Massei argued that Guede set the escalation in motion which resulted in Meredith’s death. Few of us believe that.

UK and US lawyers have told us that under US and UK rules it is very unlikely that any judge would have then allowed the case to go to appeal. Knox and Sollecito would have served out their time and possibly emerged much better off for it - you can see the ugliness flowing back into them now..

Act Two

Act Two in 2010-11 saw the playing field becoming increasingly tilted. Mr Mignini happened to catch on tape a Florence prosecutor lamenting that the Monster of Florence cabal for which Doug Preston is such an eager beaver was tying his hands. The Florence prosecutor then sought to get his own back by taking Mr Mignini to court.

All sorts of amateur second-guessers on the evidence now got into the act, and few outside Italy any more had a firm command of the actual hard facts. It is rumored that Judge Hellman may have had a bias even before he ever got involved with the case. Mention of Meredith was almost nowhere to be found, and there was a constant drumbeat for Sollecito and Knox kept alive by their families and the US media and the MP Rocco Girlanda.

Helping the defenses was that soon after Meredith’s death the defenses played one huge trick. They failed to show up when Dr Stefanoni did her DNA tests. That then allowed them to impugn and slur her and her work with no hard evidence to hand. This rose to a crescendo when Judge Hellman’s two under-qualified consultants reported at appeal.

Amanda Knox still ended up being handed three years in prison, but with time served Judge Hellman released the two “young people” which was a verdict that to very few informed Italians made sense. 

Act Three

Act Three starts with legal terrain that looks very different. Dr Galati has set the stage for a very, very tough third act, and he is making quite sure this time that the playing field is not tilted by any further monkey tricks. No wonder the publisher mentioned up top is surprised though. .

• NOT ONE non-Italian media source has made it clear that the Umbria regional prosecution office has a very special and prestigious status in Italy as the prosecution office that takes on cases against officials and politicians in the Rome government, so that the Rome police and prosecutors avoid conflicts of interest..
• NOT ONE non-Italian media source has explained who Dr Giovanni Galati really is. He could rightly be described as the most experienced and respected and capable of all Italy’s 24 regional chief prosecutors. He was a Deputy Attorney General with the Surpreme Court in Rome before his assignment just over a year ago to Umbria, and unlike the main Knox and Sollecito lawyers he knows the internecine Supreme Court rules and ways of addressing Italian law like the back of his hand.
• NOT ONE non-Italian media source has explained what we have reported in the four posts just below: that Dr Galati is stating that Judge Hellman BROKE ITALIAN LAW in two make-or-break respects. Judge Hellman is seen to have extended the appeals court’s terms of reference in ways that he is forbidden to do.  And he introduced the DNA consultants which (as Mr Mignini several times argued) he was also forbidden to do.

Amanda Knox and Raffaele Solecito now face the fights of their lives. The last thing they need in this shark tank is a couple of biased self serving books “chock full of omissions” and anti-Italy smears.

They will almost certainly have to get up on the stand under oath and cross-examination and try to explain their scenario in a context where they each have contradicted and even accused one another. Their lawyers may be okay at trial or first appeal level but they are very outclassed by Dr Galati at this third level and it would seem the Knoxes, Mellases and Sollecitos would be best served to find new (very expensive) Supreme Court teams

Italians on the whole are angry and humiliated at the ill-argued first-appeal outcome. Judge Hellman seemed to show biases that he really should not have. Dr Mignini is back to being in the clear in his case as it was ruled (rightly) that the Florence prosecutors did not have jurisdiction over him. The Supreme Court took a very firm position in December 2010 that Rudy Guede did not act alone. The defense star witnesses Alessi and Aviello that might help accomodate to this have imploded, and both may face trials of their own.

A pretty grim portrait of Amanda Knox both prior to Meredith’s murder and while Knox was in Capanne prison is not hard to find in Perugia from multiple sources. If a devastating “Real Amanda Knox” book is not inspired by the HarperCollins book, we will be surprised, and it could sell more than hers. And if the slightest defamation about anyone in Perugia appears in the AK book, then HarperCollins will have the great joy of finding out what “calunnia” means.

President Obama and Senator Cantwell both have tough elections on their hands and Hillary Clinton and the Rome Ambassador David Thorne (an Obama political appointee) will need to be in ultra-careful mode this time around. Amanda Knox and her parents and Sollecito’s parents all face separate trials coming up. Rabid books will not help any of them there.

And in April the likeable book “Meredith” by her father John will be published - by a global publisher (Hachette) five times HarperCollins’s size.

Wednesday, February 15, 2012

Weighing The Ten Points On Which The Perugia Chief Prosecutor’s Supreme Court Appeal Is Based

Posted by brmull

[Above: the Supreme Court of Italy seen from the south-east across the River Tiber]


The Chief Prosecutor and Deputy Chief Prosecutor of Umbria base their formidable appeal on ten points repeated here from ZiaK’s excellent translation below.

The reasons for the appeal to Cassation which Perugia’s General Prosecution presented today against the acquittal verdict of Amanda and Raffaele are based on ten points of the second-level verdict.

The first is the lack of grounds for the decision, in the decree of 18 December 2010, to allow the forensic testimony/expert witness in the appeal judgement.

The second, in contrast, concerns a contrary decision: the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

The other points deal with the decision by the Appeal court of Assizes of Perugia to not hear the witness Aviello, also the definition of “unreliable” [in the Hellman Report] with reference to the witnesses Roberto Quintavalle and and Antonio Curatolo, also the time of death of Meredith Kercher, also on the genetic investigations.

As well as the analyses of the prints and other traces, also the presence of Amanda and Sollecito in via della Pergola, also the simulation of a crime [the staged break-in], and also the exclusion of the aggravating circumstance of the crime of “calumny”.

1. I agree that the appointing of the independent experts was unjustified, because they were essentially just another opinion, a sort of tie-breaker, applying 2011 standards to 2007 evidence, who were revealed to have pre-existing biases about the questions posed to them.

Independent experts should be a piece of evidence, not a final arbiter. I know the Kerchers opposed the appointment of these experts (I don’t know about the prosecution) so clearly they weren’t a consensus choice, as is preferred whenever independent experts are employed.

2. I agree that if Conti and Vecchiotti were allowed to judge the scientific police by 2011 standards, then the court should have allowed testing using highly sensitive 2011 technology. Furthermore Dr. Stefanoni was left to defend her work against the academic experts, without any back-up from Dr. Novelli who is more than a match for the independent experts in terms of credentials.

3. I’m on the fence as to whether the court should have recalled Aviello to discuss why he had recanted his testimony. I don’t know what the legal procedure is when a witness recants while the trial is still underway.

4. I strongly agree that the decision to recall the man in the park, Curatolo, and then determining that the old man’s memory was unreliable four years after the fact, was completely inappropriate. Curatolo’s testimony at the first trial was more than adequate. Nothing was learned from this exercise except that his memory has become worse with time (whose hasn’t?) and that he subsequently got in trouble with the law, which is overly prejudicial.

5. If the court insisted on recalling Curatolo to try to assess his reliability, they should have done the same for the store owner Quintavalle. Instead he was deemed unreliable based on a cherry-picked selection from his 2009 testimony.

6. On the time of death, I’m one of those who believe Hellmann got it right, but it has no bearing on the defendants’ guilt or innocence, since they have no alibi for either time. I look forward to the prosecution’s argument on this.

7. I agree that Hellmann’s decision to accept the defense explanation for the footprints was arbitrary and not justified by his motivations report.

8. The luminol traces in Filomena’s room were improperly determined to be footprints. They were then lumped in with the footprints in the hall without any separate attempt at explanation.

9. I agree that the Court’s determination that the defendents would not lie about being at the cottage, simply because they were “good kids” is outrageous. (In the U.S. you can’t use character evidence to decide innocence or guilt, and doing so would mean a mistrial. I’m not sure about the situation in Italy.)

10. I agree Hellmann’s explanation for the simulation of a crime was a sham, in which he accepted all of the defense arguments and showed no curiosity at all about whether this scenario could actually happen. The court had clearly made up its mind about the case already and decided to just shove the staged break-in, a crucial part of the case, under the rug.

***

*The prosecution also wants to add “aggravating factors” to the charge of calumny. This is a freebie. I don’t know if it will have any bearing on the appeal.

**The fact that Hellmann seems to have applied the “reasonable doubt” standard to individual pieces of evidence, when this should only apply to the case as a whole, seems like a huge basis for appeal. I’m glad to see the prosecution bringing this up.

Perugia’s Excellent Umbria24 Posts Details Of Dr Galati’s Extremely Tough Supreme Court Appeal

Posted by Peter Quennell

Italian lawyers are already remarking that Dr Galati’s appeal as summarised below is as tough as they ever get.

In their view the Hellman report reads more like a defense brief than a balanced appeal-court outcome in a murder trial. Both judges were put on the case on mysterious instructions from Rome, suggesting that the minister of justice had perhaps been leaned on - the judge pushed aside was extremely annoyed.

Both Judge Hellmann and Judge Zanetti, while undeniably good judges in their own fields (business and civil), are vastly less experienced at criminal trials than either Judge Micheli or Judge Massei. The entry in the Italian Wikipedia describes them thus.

Although the Assize Court of Appeal was to be chaired by Dr. Sergio Matteini Chiari, Chairman of the Criminal Division of the Court of Appeal in Perugia, in circumstances not well understood Dr. Claudio Pratillo Hellmann, who chairs the Labor Chamber of the Court, has been called on to preside over the appeal court,

The judge to the side of the main judge, Dr. Massimo Zanetti, came from the Civil Section, and both had had limited experience with criminal trials both rather remote in time (only the cases of Spoleto and Orvieto).

Judge Hellmann’s announcement of the verdict on the night was very odd, suggesting he had been outnumbered and was embarrassed. Remarks he made the next day seemed to confirm that. The weak sentencing report is said to be not his work, and was written by Judge Zanetti.

The Supreme Court of Cassation could insist on a complete new appeal trial or a partial new trial in Perugia if it accepts any of Dr Galati’s arguments at all. His appeal statement appeal is in three tiers, and a reversal could be ordered at any tier..

1. The Hellmann Court’s wide scope was illegally far too wide

Italian judicial code is very clear on this. They MUST stick to just the appealed items and not wander all over the map. Judge Zanetti was quite wrong at the start to declare that everything was open except the fact that Meredith had been murdered. 

2. The DNA consultancy by Stefano Conti and Carla Vecchiotti was illegal

Defenses had every chance to attend the Scientific Police testing the first time around. It was a slippery dodge to skip those tests and then slime them. They had every opportunity at trial to throw aspersions. They are not meant to shop around.

3. There are many problems of wrong logic, evidence, and witnesses

The Massei trial sat through weeks and weeks of skilled prosecution presentations of the evidence including the forensic evidence and the many witnesses. The Hellman court got to see almost none of this and heard mostly from the defense.

This translation is from Umbria24 by our main poster ZiaK.

Meredith case: the prosecution appeals to Cassation: the acquittal verdict should be “nullified”.

For the Chief Magistrates of the [Umbria] Prosecution, “it was almost exclusively the defence arguments which were taken heed of”

By Francesca Marruco

The first-level conviction verdict was “complete and thorough” while the verdict of the second-level is “contradictory and illogical”.  For this reason, the General Prosecution of Perugia asks the Cassation to revoke or invalidate it.

“We are still extremely convinced that Amanda and Raffaele are co-perpetrators of the murder of Meredith Kercher” said the Chief Prosecutor of Perugia, Giovanni Galati and the Deputy Chief Prosecutor, Giancarlo Costagliola.

Verdict that should be revoked

“The second-level verdict should be annulled/revoked….  There are precise reasons for revoking it”, Mr Galati went on to say. In the Hellman reasoning report on the verdict with which the second-level judges acquitted the ex-boyfriend and girlfriend “there are so many errors, and many omissions. There is inconsistency in the grounds for judgement, which brings us to nothing.”

“It is as if they had ruled ex novo [anew] on Meredith’s murder” added the Deputy Prosecutor, Giancarlo Costagliola, “basing their decision solely on the arguments of the defence.”

“Normally the appeal judge evaluates the reasoning procedure of the first-instance judge and compares it to new elements. But this one missed that out altogether: there is no comparison between the checks carried out in the first and second instances. Only what was carried out during the appeal was evaluated.”

Only defence arguments were taken heed of

For the magistrates, in fact, the second-level judges “took heed, almost exclusively, of the arguments of the defence consultants or the reconstruction hypotheses that were largely to the benefit of the defense theses”.

The prosecutors who authored the appeal [to Cassation] also criticized the “method used”. “The first-instance verdict”, they wrote, “was summarized in just a few lines”,

“The verdict [which we] challenge completely ignored all the other aspects which corresponded with the accusation’s hypothesis, all the aspects which, on the contrary - as was seen in the reasoning report of the first-instance verdict - had been rigorously pointed out and considered by the Assizes Court [trial court] in its decision.”

“In examining the individual [items of] evidence, the challenged sentence has fallen into consistent procedural error in the weaknesses and evident illogicality of the grounds for its decision.”

Prejudice by the two appeal judges

For the General Prosecution magistrates, the second-level [first appeal] judges appear to have shown “a sort of prejudice” with the “infelicitous preamble of the judge [the author], who is supposed to be impartial”, when he declared that “nothing is certain except the death of Meredith Kercher”, which to the others [Mr Galati and Mr Costagliola] is nothing more than “a resounding preview/forecast of the judgement” and a “disconcerting” affirmation.
 
The ten points of the appeal

The reasons for the appeal to Cassation which Perugia’s General Prosecution presented today against the acquittal verdict of Amanda and Raffaele are based on ten points of the second-level verdict.

The first is the lack of grounds for the decision, in the decree of 18 December 2010, to allow the forensic testimony/expert witness in the appeal judgement.

The second, in contrast, concerns a contrary decision: the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

The other points deal with the decision by the Appeal court of Assizes of Perugia to not hear the witness Aviello, also the definition of “unreliable” [in the Hellman Report] with reference to the witnesses Roberto Quintavalle and and Antonio Curatolo, also the time of death of Meredith Kercher, also on the genetic investigations.

As well as the analyses of the prints and other traces, also the presence of Amanda and Sollecito in via della Pergola, also the simulation of a crime [the staged break-in], and also the exclusion of the aggravating circumstance of the crime of “calumny”.

Missing assumption/acceptance of decisive evidence

In the appeal to Cassation there is also mention of the “missing assumption/acceptance of a decisive proof”

In other words, of that proof [presented at trial court] which consisted of “the carrying out of the genetic analysis on the sample taken from the knife by the experts appointed by the Court during the appeal judgement, who did not carry out the analyses of that sample, thus violating a specific request contained in the [orders given to them] when they were assigned to the expert-witness post”

“In the second-level [Hellman] verdict”, the magistrates said, “the judges sought to refer to this in their own way, by speaking of an “experimental method” by which these tests/checks could be carried out.

But this is not the case”, said Deputy Chief Prosecutor Giancarlo Costagliola: “Dr Novelli [the prosecution’s DNA consultant at appeal] spoke of cutting-edge technology, not of experimental methods”.

Tuesday, February 14, 2012

Umbria Attorney-General Galati Files 111-Page Supreme Court Appeal Against Hellmann

Posted by Peter Quennell

[We are told that this is AG Giovanni Galati at the recent justice info system announcement]


In submitting his 111-page appeal to Cassation Attorney General Giovanni Galati was extremely scathing in his remarks.

What Mr Galati has stated is that the appeal court of Judge Hellman exceeded its appeal mandate by far and tried to run a repeat trial at the first level, without the benefit of all the witnesses or a repeat presentation of evidence and cross-examination.

That overreach claim may resonate very strongly with the Supreme Court of Cassation which has historically repeatedly showed its distaste for first-appeal judges and juries who they seem to think too often overreach and must be restrained.

Cassation would already seem predisposed to any arguments coming from Attorney General Galati, as he was an assistant prosecutor general there, and predisposed against Judge Hellman, who has handled very few criminal cases (apparently none at all involving DNA) and produced previous quirky criminal-trial outcomes.

Book publishers might like to note that this could take two to five years to play out if it bounces back and forward several times between Rome and Perugia. Also that Italy’s law of calunnia may be applied to any wrong claims made in Knox’s and Sollecito’s prospective books.

Knox stated at trial that she was treated well on her interrogation night.  Even so she still faces her own charges of calunnia. Her parents likewise. And Sollecito’s parents face a trial for evidence tampering and political manipulation.

Any books would seem to need to be moving targets at best. Maybe no paper version.

Friday, January 06, 2012

Knox Movie Offer Is Sharply Withdrawn; Hardly Helpful to Knox Book Agent Robert Barnett

Posted by Peter Quennell

There have always been several huge problems in the promotion of Amanda Knox.

One problem is that Knox is not the real victim in the case and a great deal of compassion still resides for Meredith. Earning windfall blood money from the cruel death of a claimed close friend is hardly a classy way to go. 

A second problem is that we are still only at the end of the second act of a three act play in terms of the trials and appeals, and the Italian Supreme Court in the third act to come will almost certainly be no gullible pushover. And a whining or inaccurate book or movie demonising Italy and Italians (as her complaints about Capanne already have done) might not help her legal prospects one little bit. 

A third problem is that Italy’s officialdom and its population tend to maintain a hard and unblinking belief in the evidence against Sollecito and Knox, especially as the million dollar PR campaign largely flew below the radar there and they saw much of the hard case and a callous Knox live on TV. For example in Florence and Milan.

A fourth problem is that Amanda Knox and her personal life and her trials and time in Capanne are likely to be a low-viewership yawn. Our main poster Lauowolf did a great job last October of pointing this out.

Does her story have the makings of a Hollywood blockbuster?  Probably not.

For one thing, the producer types would have to know that the case is still live.  The public won’t be keeping track of that, or at best will be considering it a case of the prosecutor continuing to seek revenge.

But people looking to invest millions of dollars in movies tend to go into all the fine print. And the looming third trial in 2011 is just the kind of complication they are likely to want to avoid.  And there’s just too much inconvenient information floating around about the story.

Finally, there really isn’t that much “there” there with Amanda Knox herself.  What would her storyline be, anyway, and who does it appeal to? 

• Is it the story of the young lovers, AK and RS?  Nah, AK and RS are not going to complete the story arc for them, so no drama-romance. And you can’t substitute the Seattle boyfriend, because he’d look like a fool.
• Is it the story of Edda, getting her daughter back, a la Not Without My Daughter?  Nah, Amanda is getting a bit old for that storyline to work. The PR played out this line in Amanda’s absence, so that it is already stale, and besides, the target audience is wrong.  The Lifetime movie worked that thread, and it didn’t really do all that well.
• Is it a story of Amanda suffering, arrested, in prison, on trial?  Nah, there really isn’t much filmic going on there.  Arrested people end up sitting in rooms, and prison is boring.  Even if they wanted to spend a lot of time on AK giving the performance of her life in court, they’d have to deal somehow with the accusations and evidence. And they really, really don’t want to do any of that.
• Is it the story of Amanda herself?  Nah, the PR has reduced her to such a little painted doll that there isn’t anything to be done with her.  Seriously, weekly mass and the prison choir? Or hanging out with the middle-aged married Italian political type? Who wants to watch a movie of that?  They’ve set her up as a frail, pale victim, and it is difficult to create an entire movie focusing on someone being done to, rather than doing.

Now there is a FIFTH problem looming large.

The up-and-coming movie producer Chad Verdi (left above) has just announced that he has withdrawn a million dollar offer for a Knox movie, implying that he may have been misled. This statement is likely to chill the prospects for any other.

Rhode Island Producer Chad A. Verdi has withdrawn his official offer of One Million Dollars (U.S. $1,000,000) for Amanda Knox’s life rights. The film was to be produced by Mr. Verdi and Noah Kraft if a deal could have been reached. The offer was made through Verdi Productions and was being handled by Hollywood entertainment attorney, Anita First.

Mr. Verdi, the President and CEO of Verdi Productions (VP), stated, “After reviewing all the information we had involving the Knox case, I have decided it was not the inspirational feel good story that VP was looking for and we have withdrawn our offer.”

Very well done, Mr Verdi. That is an act of some class.

The prominent and respected Washington lawyer and book agent Robert Barnett (right above) was seemingly roped in by Knox PR chief David Marriott a month ago to work miracles for Knox in the field of book publishing.

Robert Barnett seems to have made no public statement about it as yet.  Seemingly Mr Barnett and all those other supposed eager book agents did not exactly come looking for a deal.

If you read how the Washington Post describes it, the deal was very much promoted by a frenetic Marriott.

“He has a very strong resume,” said Knox family spokesman Dave Marriott, who announced the deal Monday…

Why Barnett? His name “popped up in conversations with many people,” Marriott told us. Though he doesn’t call himself a literary agent, Barnett knows his way around seven-figure deals (he’s also repped James Patterson, Mary Higgins Clark, Rosie O’Donnell and Barbra Streisand) “” and the Knox family liked the fact that he’s a lawyer with a powerful firm behind him.

Another plus: He’s arguably a bargain, charging a hefty hourly fee instead of the standard 15 percent commission. He was hired after flying to Seattle and meeting with the Knox family.

A bargain? Hmmm. Perhaps Mr Barnett is at this very moment reading the same judges’ reports and the other in-depth materials that have turned off Mr Verdi, and wondering whether he was snowed. 

Or reviewing his hourly fee.

Thursday, December 22, 2011

First Italian Criticisms Of The Hellmann Verdict Statement Now Starting To Appear

Posted by Peter Quennell

Early days yet and the main crack at Hellman’s report will not arrive for another month from the prosecution, but the Italian news service Adnknonos offered this editorial. .

The Appeal Court is ridiculous to think that Guede is the only one guilty

The reasons set forth by the Assize Court of Appeal in Perugia for the killing of Meredith read oddly. According to the criminal court Rudy Guede alone did it.

This is ridiculous. Prosecutor Manuela Comodi spoke in court of the ‘embarrassing performance of’ experts’ on the testing of the murder weapon and the victim’s bra clasp.

“Too bad that the judges of the Court of Appeal have slavishly married the thesis of these so-called ‘experts’‘’ says Massimo Montebove, the president of the National Council of Police Unions.

‘‘The work of forensic science, the testimonies, the reconstruction of the truth of the facts of the case carried out to date all show that the verdict of guilty in the first instance was well grounded. ” Mr Montebove added.

Do not forget that attempts at delegitimization will always be directed at the police and the scientific flying squad, including international pressures that many say were placed and other murky development talked about in the media.

One thing is certain: the game is not’ over. We are only sorry that Amanda Knox may not pay for her responsibilities if she is again found guilty following a new appeal trial that could be decided by the Supreme Court

Tuesday, December 20, 2011

Crticism Of The Hellmann Verdict From Meredith’s Family’s Lawyer Francesco Maresca

Posted by ziaK

Mr Maresca made remarks last week critical of the verdict to various Italian media outlets. This is a translation from the Umbria Journal.

Maresca, on Mez: “They were acquitted for lack of proof, but the sentence takes a very one-sided approach”

“Only the defences’ expert witnesses were given any credence. It’s excessive to completely throw out the first instance case”.

The “reasoning report” of the Assizes court of appeal has confirmed that this is a case of an acquittal because of lack of evidence, rather than an acquittal with “formula piena” [approximately “proof of innocence without doubt”]

However it is also a sentence which is a result of a one-sided approach”.

This is the commentary of Francesco Maresca, who together with the lawyer Serena Perna, represents the young victim’s family, on reading of the “reasoning report” on the acquittal of Amanda Knox and Raffaele Sollecito on the charge of having murdered Meredith Kercher.

“This reasoning report”, he added, “leave us with an even more bitter taste in our mouths because we consider that the judges gave credence only to the defence-team experts, even on items of evidence of a scientific nature which were never the object of consultation”.

“For them to have completely tossed out the preliminary investigations and the first-instance trial seems excessive to me”....

“There are no great surprises”, said Prosecutor Manuela Comodi, who was prosecutor in the first and second-level trials. “It seems to me”, she added, “that there is a lot of room to challenge the sentence. That duty [however] lies entirely with the Attorney General.”

Saturday, December 17, 2011

Does A Perverse Fear Factor Account For The Hellmann Jury Breaking The Way It Did?

Posted by Peter Quennell

[Above: Italian criminologist Massimo Picozzi, a physician, psychiatrist, professor, author and TV host].


We have already posted on the increasingly notorious CSI Effect.

That’s the phenomenon where these days fearful juries can react ultra-cautiously against multiple ambiguous strands of evidence and become impatient with complex science. Among other things, they don’t want egg on their faces down the road .

Some of us who have now absorbed most of the Hellmann report released yesterday are noting two distinctive themes:

• A garbling of the law and the hard facts (one hard fact Hellmann garbled is that no-one has come close to proving that was Guede’s bare foot print on the bathroom mat, or explained when and why he took his shoes off);
• A sense of a condescending fury by this jury toward the jury at the first level (Massei’s trial panel) and the prosecution’s scientific experts; this is actually not a unique occurrence in Italy where appeals require whole new juries eager to strut their stuff.

Today on the Perugia Murder File Forum the Italian lawyer Yummi in part had this to say:

The parts that I found more dishonest and unacceptable are, however, those in the matter (and their omissions) rather than the mistakes in [legal] procedures. The “probable” attribution of the footprint to Guede is an example of insult to intelligence. I haven’t read thoroughly the entire document yet, but from what I’ve read I can say this document is a sloppy and shameful fraud.

I think what really matters - the actually “true” part of the document - is the conclusion, where the court explain that the reason for the acquittal was they were afraid. They thought they were in danger of making a mistake, they explain they felt unable to eliminate possibility of mistake. Their fear stemming from not being able to see a clear overall picture of the evidence and a motive is everything. Their fear, confusion and uncertainty is the ground for their lack of any indication even of the paragraph 1 or 2 [mandatory reason for the verdict].

Interviewed today by the Italian paper Corriere the eminent Italian criminologist Massimo Picozzi (image above), who knew of the Hellmann verdict but had not yet seen the Hellmann report, predicted very much the same thing. 

Picozzi: A debate too technical for the jury

Interview of Massimo Picozzi by Leonardo di Molinelli

Corriere: What of the outcome of Perugia?

“I think it was already decided by the jury when there was a battle between consultants on a very technical issue, the contamination of some DNA.”

The criminologist Massimo Picozzi has not yet read the [Hellman] motivation of the absolution of Amanda Knox and Raffaele Sollecito, but he has a clear idea as to why the appeal outcome contradicted the first level outcome.

“The reasons can be stated in different ways but don’t bend one iota.  The judgment is due to the fact that when expert consultants have been in dispute, and not only on the content of [some experts] report but also on the skills and qualifications of those experts, the battle becomes so complex that the jury loses the plot.”

Corriere: A controversy has diverted attention from the crime on a technicality?

“Reducing everything to a technical debate has created confusion that the jury was unable to handle. Often even [court] presidents, judges and magistrates are not as competent technically as the progress of science should require.

The prosecution’s DNA advisor Professor Novelli is a forensic geneticist at the international level. When he challenged the findings of the experts and proposed to the judge a third study, the president of the jury said “No thanks, we have enough.’”

Corriere: There are other cases like this? This is just an Italian problem?

“No. The distortion was introduced by TV series like CSI creating the effect that juries require new technologies but are not always prepared to understand them.

I could tell you that in the United States and Canada they are moving more and more into “neuroimaging” which is exploring uses of the nuclear magnetic resonance of genetic structures of criminals.

At this new frontier the accused can be acquitted because it can be assumed that having an MRI of a certain type and genetic constitution does not allow for the having of free will, and therefore they are acquitted for that failure. “

Corriere: [Norway’s mass murderer Anders] Breivik might be such a case?

“Yes, and behind these things it is easy to see a Lombrosian outcome.” [ed. note: said somewhat jokingly. Cesare Lombroso was an Italian doctor who invented the “antropologia criminale” in which criminals are born rather than self-made. ]

“There are at least a couple of facilities in the U.S. that offer screening based on CT and MRI for the recruitment of top managers. “

Corriere: What is the basic thrust?

“Criminal behavior is determined by a series of neurological factors, biological, genetic. In the U.S. and Canada juries hear battle of genetic structures, amygdala, and more. “

Corriere: It becomes very difficult for jurors to live up to?

“Absolutely, and one ends up saying “But how do we crack the structures of criminal behavior if we do not even know what is normal human behavior?” The latest branch of study that is spreading is neuroethics, the fact that we can have a certain neurological structure which does not have any area for ethical responsibility. “

Corriere: It is disturbing?

“Absolutely, we arrive back at the pre-crime state like that in [the movie] Minority Report. So in the end it does not work. “

Corriere: They were right on the Knox case, the American media?

“No. But we guaranteed that development too. The real problem is the length of our trials. If the [trial and first appeal] are compressed into two years instead of four that will eliminate much of the controversy. “

Corriere: Amanda and Raffaele are innocent?

“I prefer to say that they were found not guilty by one particular jury.”