Category: Amanda Knox

Thursday, February 05, 2009

Understanding Micheli #2: Why Judge Micheli Rejected The Lone-Wolf Theory

Posted by Brian S

Here now is the full 2011 Micheli Report kindly translated by Catnip for the Wiki and TJMK.

On Lone Wolf

The Lone Wolf Theory is a big fail. And so Judge Micheli decides that Raffaele Sollecito and Amanda Knox should face trial.

First, just to recap: Judge Micheli presided over both Rudy Guede’s trial and sentencing to 30 years and the final hearing that committed the two present defendants to trial.

Ten days ago, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales.

Excellent analyses have already appeared in Italian in Italy, but not one English-speaking source on the facts of the case has either put the report into English or published more than the most superficial analysis.

These 4 posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English used here were by native-Italian speakers and fellow posters Nicki and Catnip.

Right at the outset of his Sentence Report on the conviction of Rudy Guede, Judge Micheli stated that it was neither the place nor his intention to make the case against either Raffaele Sollecito or Amanda Knox. He said though that he must necessarily involve them to the extent that they were present at the discovery of Meredith’s body.

He said he must also examine evidence against them where he saw it as indicating that Rudy Guede was not a lone-wolf killer and implicated them as his possible accomplices in Meredith’s murder.

Sequence Of Events

Judge Micheli described the sequence of events laid out by the prosecution which lead to the discovery of Meredith’s body:

Phones

Early on the morning of November 2nd, Signora Lana Biscarini received a bomb threat call made to her home at 5A Via Sperandio. (This later transpired to be a hoax.)

Some time later Signora Biscarini found a mobile phone in her garden. She “had heard” that bombs could be concealed in mobile phones and so she took it to the police station arriving at 10:58am as recorded by Inspector Bartolozzi.

The postal police examined the phone and, following removal of the SIM card, discovered at 11:38am that it belonged to a Filomena Romanelli who lived at the cottage at 7 Via della Pergola. Following a call by Signora Biscarini to check with her daughter who was still at home, it was placed in the record at 11:50am that neither say they know the Filomena in question. At around noon Signora Biscarini’s daughter rings her mother at the police station to say she has found a second phone.

The second phone (Meredith’s) is collected from Via Sperandio and taken to the police station. Its receipt there is logged by ISP. Bartolozzi at 12:46pm. During its examination Meredith’s phone is also logged as connecting to the cell of Strada Borghetto di Prepo, which covers the police station, at 13:00pm. At 13:50pm both phones, which have never left the police station following their finding, are officially seized. This seizure is entered in the log at 14:00pm.

The House

Separately, as part of the bomb hoax investigation, agents of the postal police are dispatched to make enquiries at Filomena’s address in Via della Pergola.

They are recorded in the log and filmed on the car park camera as arriving at 12:35pm. They were not in possession of Filomena’s phone, which remained at the police station, nor of Meredith’s which at this time was being taken from Via Sperandio to the police station for examination as part of the bomb hoax enquiry.

Judge Micheli said that some confusion was created by the evidence of Luca Altieri (Filomena’s boyfriend) who said he saw two mobile phones on the table at the cottage. But, Micheli said, these two phones either belonged to the others who arrived, the postal police themselves or Amanda and Raffaele. They were NOT the phones of Filomena or Meredith.

On their arrival at the cottage, the agents of the postal police found Raffaele Sollecito and Amanda Knox standing outside the front door.

The two seemed surprised to see them (the postal police had come to talk to Filomena about a bomb hoax which potentially involved her phone, plus they had recently been informed of the discovery of second phone in the same garden), but then they explained they had discovered suspicious circumstances inside the cottage.

Raffaele said he had already phoned the police and they were awaiting their arrival in connection with that. Elsewhere in his report Micheli points out that Raffaele did, in fact, make a call to his sister at 12:50pm, followed by two calls to “112” reporting a possible burglary at 12:51 and 12:54pm, 15 minutes after the arrival of the postal agents.

Judge Micheli said the postal police were shown into the cottage by Raffaele and Amanda. They pointed out the traces of blood around the apartment, the state of the toilet and the disturbance to Filomena’s room. They said they didn’t think anything had been taken. They pointed out that Meredith’s door appeared to be locked, Raffaele said he had tried to open it, but Amanda said Meredith used to lock the door even when she was going to the bathroom to shower.

Shortly afterwards Luca Altieri and Marco Zaroli arrived. Luca said he had just been contacted by his girlfriend Filomena, who in turn had just been contacted by Amanda Knox about the possible break in. A few minutes later, Filomena herself arrived with Paola Grande. Micheli noted that Filomena had immediately contradicted what Amanda had told the postal police and she said that Meredith never locked her door. She also told the postal police that the phone found with a SIM card in her name was in fact Meredith’s 2nd phone, that she had given Meredith the SIM as a present. The postal police said that they didn’t have the authority to damage property and so the decision was made that Luca would break down the door.

This he did. The scene when the door flew open was instantly obvious, blood everywhere and a body on the floor, hidden under a duvet except for a foot and the top of Meredith’s head. At that point ISP Battistelli instantly took charge. He closed the door and forbade anyone to enter the room before contacting HQ.

The Forensic

Following his description of the events which lead to the discovery of Meredith’s body, Micheli then dedicates quite a few pages of his report to detailing the exact locations, positions, descriptions and measurements of all the items, blood stains, pools and spots etc.etc. found in her room when the investigators arrived. He also goes into precise details on the injuries, marks, cuts and bruises etc. which were found by Lalli when he examined Meredith’s body in situ at the cottage before she was moved. Despite their extent, it is obvious these details are only a summary of the initial police report and also a report made by Lalli on the 2nd November.

It is these details which allowed the prosecution to lay out their scenario for the events which they say must have happened in the room. It is also these details which convince Micheli that it was impossible for this crime to be carried out by a single person. In his report, he dismisses completely the scenarios presented by the defences of Amanda and Raffaele for a “lone wolf killing”. Micheli says that he is convinced that Meredith was sexually assaulted and then murdered by multiple attackers.

Judge Micheli also explains in his report how the law will decide on sexual assault or rape where the medical report (as was Lalli’s) is somewhat inconclusive. Else there would be no point in a woman reporting rape unless she had serious internal injuries. His conclusion: Meredith was raped by Rudy Guede manually.

Pack attack

So why does Judge Micheli believe that Amanda Knox and Raffaele Sollicto were possible accomplices of Rudy Guede and should be tried for the murder of Meredith Kercher?

In his report, he doesn’t look at the evidence which involves just them, nor does he analyze their various stories in his report. He doesn’t look at events involving them which occurred between the 2nd and 5th November. He does note a few items here and there, but these aren’t given as the major reasons for his decision to indict them.

He notes Raffaele’s apparent lies about the time he made the 112 phone calls. He dismisses Raffaele’s defense claim that the disposal of Meredith’s phones didn’t allow time for Raffaele to get to the cottage after watching his film, kill Meredith, and then dispose of the phones in Via Sperandio before the aborted call to Meredith’s bank. He noted that the cell which picked up the brief 10:13 call to Meredith’s bank also picked up most of Meredith’s calls home.

He asked whether it was possible for anybody to believe that each time Meredith wanted to phone home, she walked down to Via Sperandio to make the call. He notes that the police found Amanda and Raffaele’s behaviour suspicious almost straight away. He notes that Filomena said that the relationship between Amanda and Meredith had deteriorated by October. He says he doesn’t believe at all that cannabis caused any loss of Amanda’s and Raffaele’s memories.

Definitive points

Judge Micheli says he bases his decision on the following points of evidence:

[Note: The following paragraph numbers form no part of Micheli’s report. They are used in the context of this summary to identify the points of evidence contained in his report which will be examined and summarised in greater detail in follow-up posts]

1) Various DNA: Judge Micheli, after hearing both prosecution and defense arguments about Meredith’s and Amanda’s DNA on the knife and Raffaele’s DNA on Meredith’s bra clasp, accepted the prosecution argument that that both were valid evidence. He did note, however, that he fully expected that the same argument would be heard again at the full trial. In his report, Micheli dedicates several pages to explaining the opposing arguments and how he made his decision to allow the evidence. It is a detailed technical argument, and it is not proposed to examine it any closer in this post.

2) Blood spatter: Judge Micheli explains that blood evidence proves that Meredith was wearing her bra when she was killed. Nor is it just the blood on her bra which demonstrates this. It’s also where the blood isn’t on her body. He says that Meredith was wearing her bra normally when she laid in the position in which she died, and she was still wearing it for quite some time after she was dead. Her bra strap marks and the position of her shoulder are imprinted in the pool of blood in that position. Meredith’s shoulder also shows the signs that she lay in that position for quite some time.

3) Body moved: He asks the question: Who came back, cut off Meredith’s bra and moved her body some time later? It wasn’t Rudy Guede. He went home, cleaned himself up and went out on the town with his friends. Judge Micheli reasons in his report that it could only have been done by someone who knew about Meredith’s death and had an interest in arranging the scene in Meredith’s room. Seemingly who else but Amanda Knox?

[cont] Knox was apparently the only person in Perugia that night who could gain entry to the cottage. And the clasp which was cut with a knife when Meredith’s bra was removed was found on November 2nd when Meredith’s body was moved by the investigators. It was right under the pillow which was placed under Meredith when she was moved by someone from the position in which she died. On that clasp and its inch of fabric is the DNA of Raffaele Sollecito and Amanda Knox. Micheli reasons in his report that Raffaele and Amanda seemed to have returned to the cottage some time after Meredith was dead, cut off her bra, moved her body, and staged the scene in Meredith’s room.

3) Faked breakin: Judge Micheli explains his reasoning on the method of Rudy’s entry into the cottage. He says that Rudy’s entry through the window is a very unlikely scenario and the evidence also indicates otherwise. He says the height and position of the window would expose any climber to the full glare of traffic headlights from cars on Via della Pergola. He asks, why wouldn’t a thief choose to break in through a ground floor window of the empty house? He says the broken glass and marks on the shutter both demonstrate the window was broken from the inside, some of the glass even falling on top of Filomena’s clothes which had been thrown around the room to simulate a robbery.

[cont] But his major reasoning for believing Rudy’s entry was through the front door are the bloody bare footprints which show up with luminol and fit Knox’s and Sollecito’s feet. These suggest that they entered Filomena’s room and created the scene in there after Meredith was killed. Allessandra Formica witnessed Rudy run away shortly after Meredith was stabbed. Someone went back later, left those footprints and staged the scene.

[cont] This, when considered in combination with the knowledge that person demonstrated of Rudy’s biological involvement with Meredith when they also staged the sex assault scene in Meredith’s own room indicates that that person hod to be present when Meredith was assaulted and killed. He said it also demonstrated an attempt by someone who had an interest in altering the evidence in the house to leave the blame at Rudy’s door. Micheli reasoned, the only person who could have witnessed Rudy’s earlier sex assault on Meredith, could gain entry via the door and had an interest in altering the crime scene in the house appeared to be Amanda Knox. In his report, Micheli states that this logic leads him to believe that Amanda Knox was the one who let Rudy Guede into the cottage through the front door.

4) Witness: Judge Micheli examines the evidence of Antonio Curatolo. He says that although Curatolo mixes up his dates in his statement, he does have a fix on the night he saw Amanda and Raffaele in Piazza Grimana sometime around 11:00 to 11:30pm. Curatolo is certain it was the night before the Piazza filled up with policemen asking if anyone had seen Meredith. In his evidence, he says they came into the square from the direction of Via Pinturicchio and kept looking towards the cottage at Via della Pergola from a position in the square where they could see the entrance gate.

[cont] Judge Micheli reasons in his report that their arrival from Via Pinturicchio ties in with the evidence from Nara Capazzali that she heard someone run up the stairs in the direction of that street. He also reasons that they were likely watching the cottage to see if Meredith’s scream had resulted in the arrival of the police or other activity.

5) Witness: Judge Micheli examines the evidence of Hekuran Kokomani and finds him far from discredited. His says the testimony is garbled, his dates and times makes no sense but…. that Hekuran Kokomani was in the vicinity of the cottage on both 31st Oct. and 1st Nov isn’t in doubt. Furthermore, Micheli says that when he gave his statement, the details which he gave of the breakdown of the car, the tow truck and the people involved weren’t known by anyone else. He must have witnessed the breakdown in Via della Pergola. The same breakdown was also seen by Allessandra Formica shortly after Rudy Guede collided with her boyfriend.

[cont] This places Hekuran Kokomani outside the cottage right around the time of Meredith’s murder and he in turn places Raffaele Sollecito, Amanda Knox and Rudy Guede together outside the cottage at the same time. His evidence also places all three outside the cottage at some time the previous night.

Bottom Line

Judge Michelii found that all this evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.

Tuesday, January 27, 2009

Judge’s Report On Guede Sentence Suggests Roles Of Knox And Sollecito

Posted by Our Main Posters

Seems rather a bombshell for the remaining two defendants. A shapeshifter, even.

Last October, Judge Micheli [bottom here] released a summary rationale of his verdict and sentencing of Guede. And last night, the judge released his full report on the rationale.

Richard Owen of the London Times [above] seems the only reporter so far to have read all 106 pages - how we wish American coverage could achieve this superb level. Some excerpts:

Judge Paolo Micheli, releasing a report on his reasons for sentencing Rudy Guede, 22, to 30 years in prison in October for his part in the murder, said the killing was “a group crime”. Guede had not himself cut Ms Kercher’s throat. But there was “cast iron proof” that he had taken part in the murder, even if he did not strike the “mortal blow”.

Under Italian law a judge has to outline the “motivation” behind his verdict. Unlike Ms Knox and Mr Sollecito, Guede… opted for a “fast track” trial in the hope of a reduced sentence.

Judge Micheli was also the pre-trial judge who in October said there was enough evidence against Ms Knox and Mr Sollecito for them to be sent for trial. The prosecution alleges that Guede tried to sexually assault Ms Kercher while Mr Sollecito held her down and Ms Knox toyed with a knife against her throat, which she then used to stab her. Judge Micheli said he accepted that there was “complicity” between the assailants, but said some aspects of the prosecution reconstruction were “fantasy”.

Reconstructing the crime in his 106-page report, Judge Micheli said the first blow was struck at Ms Kercher while she was standing up. He said she was killed because she refused to take part in a sexual game which “escalated into violence and got out of control”.

Judge Micheli said Guede was “a liar” and there were “no extenuating circumstances”. “Even someone who wanted to believe him would find it impossible,” the judge wrote. He added: “It is credible that Guede entered the house because he was let into it by someone else, and that someone could only be Amanda Knox.”

He said there had been an “agreed plan” to satisfy “sexual instincts” which ended in “murderous intent”. Guede had continued to try to assault Ms Kercher sexually even when a knife was produced and even when the knife “sank deeper into her neck” the judge said. Guede had not completed the sexual act only because of Ms Kercher’s “screams of pain and fear”.

The prosecution in the trial of Ms Knox and Mr Sollecito alleges that Ms Knox arranged for Guede, who had made clear that he was attracted to Ms Kercher and wanted to have sex with her, to come to the cottage when she knew her flatmate was there.

Judge Micheli said the statements Guede, who fled to Germany after the murder, had made following his arrest and extradition to Italy were “nothing more than a colossal accumulation of contradictions and attempts to throw investigators off the track”.

In his haste to flee, Guede had bumped into a couple near the cottage who had testified to police, the judge said. Ms Knox and Mr Sollecito meanwhile had been seen at a square above the cottage by a homeless man, and apparently waited there “to see if police arrived”, the judge said.

He said that because of “complicity” between the three, Guede had “never once mentioned the name Amanda” until late into the inquiry, when he said he had heard Ms Knox’s voice at the door and seen a man “resembling” Mr Sollecito….

Judge Micheli said Guede had had “no intention of saving” Ms Kercher’s life as she lay bleeding to death. He noted that neighbours had testified that they clearly heard a woman screaming in agony inside the cottage late at night.

In his defence Guede had claimed that he was in the bathroom with stomach pains when Ms Kercher was murdered. The judge said this was untrue.

So it seems Meredith was set-up. Tortured. Stabbed, many times. And abandoned. Walked out on, when she still could have been saved. Savagery incarnate.

Poor Meredith. Poor poor Meredith. How very much sadness you evoke.

Sunday, January 18, 2009

Trial: Defendants Did Chat At Trial Friday: Defense Move? Or Just Making Nice?

Posted by Peter Quennell

[click above for full report]

Added later: We now have good reason to doubt that this chat ever happened. The meme may have emanated from a dubious source. There is of course a court order FORBIDDING the two from communicating.

We also believe that it’s doubtful that the eyes of the two ever met. RS sneaked 4 or 5 glances at AK, and AK sneaked at least one glance at RS, as the shot posted below showed.

But that may have been that. Nothing more. Signs of a fork in the road? One will now go one way and the other will go another way? Stay tuned.

Friday, January 16, 2009

Trial: Amanda Knox Takes Her Place At The Start Of The Trial

Posted by Peter Quennell

Click above for a selection of shots. This may be the last time Knox is photographed in court.

Some shots available seem to catch Amanda Knox at a gleeful moment. It is hard to know what to make of those shots. Photographers click away at a “gotcha” moment. It may have lasted only five seconds and meant nothing.

These are a few of the less loaded shots. They show Amanda Knox being led in, looking around the courtroom, perhaps for people she knows, and reading some passage in the Italian legal code.

It appears that an uncle and aunt were present at the back or in the balcony. Her biological parents will be witnesses and so are not allowed to attend the trial before they testify.

It seems certain now that Rudy Guede will testify. And Knox and Sollecito have just both said they’re eager to do so.

So far as we are aware, the Kercher family and the parents of the defendants have not yet ever come face-to-face. That is probably an encounter that none of them look forward to.

Trial: The Proceedings Commence: The Times’s Lunchbreak Report

Posted by Peter Quennell

Click above for the story. The Kercher family is not present. Nor are the biological parents of Amanda Knox. It is not yet reported if Raffaele Sollecito’s father is present; his mother passed on.

And note this breaking news on yet another possible eye-witness, near the bottom of David Owen’s piece - the significance here being that Rudy Guede may have known both defendants prior to the night in question.

Il Giornale dell’ Umbria reported that a new witness, a researcher named only as Fabio G, had told police he had seen Ms Knox, Mr Sollecito and Mr Guede together near the cottage Ms Kercher shared with Ms Knox on 30 October 2007, two days before the murder and sexual assault.

Saturday, December 27, 2008

Where The Convicted Perp And The Defendants Are Now

Posted by Peter Quennell

About one hour’s drive apart.

Not that they are doing too much driving these days, of course. Due to present circumstances.

Italy’s prison system is among the more innovative in terms of the rehabilitation of prisoners. If they need one, prisoners get taught a trade skill before they bounce back into society.

So Rudy Guede, along with (if convicted) Amanda Knox and (if convicted) Raffaele Sollecito, could re-enter society as champion pizza makers.

That’ll be the very good European pizzas, of course. The wonderful Four Seasons for example. With artichokes.

That could go over very well in mid-century Seattle.

And this structure below is? Answer is below the shot.

The solar heating on Terni prison. This was the first solar heating on prisons in Italy. It would seem that Sollecito is the most snug of the three.

At least in the summer, when the sun shines the most.

Thursday, December 18, 2008

The Defendants’ High-Stakes Blame Game: Key Moves By Rudy Guede Explained

Posted by Michael

The blame game

For many months now, the defendants and their lawyers, and for that matter the prosecutors, have been playing a fascinating game of three-dimensional chess.

None of the three have fully broken from the other two - so far.  But each has been making chess-like moves that seem to be attempts to make sure they aren’t the ones - or the only ones - hung out to dry.

It is even possible that Rudy Guede’s stiff thirty-year sentence was such a move, to squeeze him to come clean at the Knox/Sollecito trial - though he may not have much to bargain with any more, if the physical and witness evidence is as encompassing as it seems. 

Guede’s first story

In November 2007, shortly before his arrest, Rudy Guede had a Skype conversation with his friend Giacomo Benedetti over the Internet. It was his second, and recorded by police.

He told his friend that he knew Meredith and Amanda and he had been to the cottage on a couple of previous occasions, visiting the boys who lived downstairs. But that he wasn’t at the cottage on the day of Meredith’s murder.

Guede’s second story

This story later changed, after his arrest in Germany. It was whilst awaiting extradition back to Italy in late November 2007, that he wrote his so-called German Prison Diary.

In this diary Guede related a second version of events.

He admitted to being at the cottage the night of the murder, supposedly on a date with Meredith. But on emerging from the bathroom to the sound of screams, he was confronted by an unknown Italian male, standing over a dying Meredith, knife in hand.

After a brief struggle, the man fled, with an unseen accomplice Guede said he heard but could not see, lurking outside the cottage.

Guede’s third story

Later, in April 2008, Guede requested an audience with the prosecutor, where he gave a third account. It was essentially the same account as the second - but with key differences.

He now stated that it was Raffaele Sollecito that he saw wielding the knife in the cottage that night. And it was Amanda Knox who was the unseen accomplice outside the house, as he had recognized her voice.

A false interpretation

According to one or two Amanda Knox defense sites, this apparently damning testimony by Guede is in reality evidence for the innocence of Knox and Sollecito.

Their argument is that because Guede did not mention the other suspects in his Skype conversation, his diary, or his initial interrogation by the Italians, instead waiting until April, this serves as evidence of the duplicity of a lone-wolf criminal taking advantage of an opportunity to pass the blame onto two innocents.

However, the logic of this blame-passing argument does not stand up to close scrutiny. There was actually more going on.

RS and AK alibi problems

Amanda Knox had been arrested on 6th November, after claiming to have been in the kitchen of the cottage whilst Patrick Lumumba, the owner of the bar where Amanda worked, entered Meredith’s bedroom, and raped and then killed her.

But meanwhile, in his own interrogation, Sollecito had admitted to police that his first account (that they were together at his place all evening) had been a lie, and that Amanda had left his apartment mid-evening, not returning until the early hours of the next morning.

A court hearing then confirmed the status of Knox and Sollecito as official suspects, and denied them release or house arrest whilst the investigation unfolded. The reasons given being that there may be a flight risk, and a high potential that they may interfere with evidence and witnesses.

Case against RS and AK strengthens

From that point onwards, the case against the suspects only grew stronger, with more evidence against them emerging almost by the day. The police claimed they could place them both at the scene of the murder, and that they had what could be the murder weapon.

A large knife, found seemingly hidden in Sollecito’s apartment. Sollecito had a liking for knives, owning a collection, and admitting to having always carried one on his person since he was fourteen.

Despite Knox’s later retraction of the statement in which she had falsely accused Lumumba, their situation was steadily looking bleaker.

Rudy Guede’s new advantage

With Guede’s arrest in Germany, about three weeks after the crime, he must have known his own game could be up. Forensic evidence could link him directly to the crime scene.

At that point, he had an advantage that few suspected murderers ever have; two patsie, Knox and Sollecito, already sitting in jail and ripe for taking the fall for him.

But despite the fact that there was a case against them, and that they could not account for their whereabouts, Guede went out of his way not to actually name them.

Instead, he wove that yarn above, one that had little credibility and was widely ridiculed on the internet. Even the judge at his hearing told him his story was just not credible.

Guede still holds back

But still he avoided naming Knox and Sollecito - who if really innocent could hardly have said anything in response that would have made his situation worse. They would not have been present at the murder, and therefore, would have no counter-evidence to offer.

At that point, Guede would have had nothing at all to lose by naming them, and possibly a very great deal to gain.  So why didn’t he?

It only makes any kind of logical sense that he didn’t name names if in fact Knox and Sollecito actually were at the scene of the crime.

They would then have been able to respond to Guede’s accusations with allegations of their own, which could have jeopardised any hope he may have had of being acquitted of Meredith’s murder.

Guede suddenly reverses

So why did he suddenly change his statement, and name names, and why did he wait so many months before doing so?

The answer, it would appear, lies in a change of the tactics in this chess game being pursued by Raffaele Sollecito’s defence team.

Anxious to show that a Nike footprint found in Meredith’s room was not that of their client’s, Sollecito’s team began arguing that it was in fact Guede’s.

Other noises from Sollecito’s lawyers suggested that they were readying to point the finger at Rudy Guede as a sole perpetrator, as part of their defence strategy.

Why Guede names names

For Guede, it would not have been lost on him which way the wind was blowing. Fearing that he was going to be railroaded into taking all of the blame, he responded by naming names.

Even then, though, he did not go as far as he might have. He did not claim that he actually saw Amanda, for example, only that he heard her.

However, the move did serve as a warning shot across the bows of the other suspects.

And it was an important move in the game of chess still being played out among them.

Tuesday, November 25, 2008

So The Trial Date IS Postponed, Now It’s 16 January

Posted by Peter Quennell

This is a translation of the report from La Stampa.

Meredith process, hearing postponed

Amanda and Raffaele have to answer to the charge of murder

The case against Amanda and Raffaele is postponed to allow for the reading of additional investigations carried out by the Public Prosecutor

Postponed to January 16, 2009, is the hearing for the murder of Meredith Kercher, which initiates the trialproceedings against Amanda Knox and Raffaele Sollecito, who are accused of murder in the taunting and violence against American student (Rudy Guede has already been sentenced to 30 years jis trial having been expedited, ed.)

The presiding judge, Giancarlo Massei, deferred the opening session to enable the parties to get to know the contents of the additional investigations carried out by the prosecutor of Perugia. Tomorrow is the deadline for the submission of lists and texts that will amount to a total of about a hundred.

And a brief summary of some of the other recent developments in the case….

• A witness who knew her claims to have seen Amanda Knox in a supermarket early on the day after the crime


• A second witness claims to have heard a scream on the evening of the crime, this one stating a precise time


• A witness claims to have seen Knox, Sollecito and Guede together previously - if so, they did know one another


• A cut was apparently seen on Knox’s neck by another house resident; autopsy and scenario are being reviewed


• A fund-raising event in Seattle apparently raised $11,000 to help defray Knox’s parents’ defense and travel costs


• And a Kercher family request for a closed-door trial - permitted in Italy for sex crimes - is now being reviewed

One of the great areas of conjecture is whether the alleged defendants actually pre-planned an assault on Meredith.  Or whether it was perhaps just a taunt, one that took on a deadly spiral.

There was an apparent simultaneous switching-off of their mobiles earlier in the evening, for a reason not so far explained. And now an apparent prior three-way relationship between the two charged and the one sentenced? This does not look good.

Thursday, October 30, 2008

Ground Increasingly Disappearing From Under Knox-Sollecito Defense

Posted by Peter Quennell

Judge Paolo Micheli has now been interviewed by Messaggero Umbria, a newspaper published in Perugia.

The judge really seems to have arrived at a very clear conception of how the cruel, senseless deed took place.  Observe in particular these findings below.

All of them are devastating to the talking-points of Friends Of Amanda recently parroted in dozens of news outlets.

Three attackers were present

I took the opposite approach to that of the defence teams. The lawyers claimed that there was no proof of conspiracy between the three because they didn’t know each other and Kokomani’s testimony wasn’t reliable. They also said that it would have been impossible for them to have organised the crime since they had previous commitments which then fell through. My starting point was the three’s presence in the room where the crime was committed.

DNA on the bra clasp was RS’s

I don’t believe [the bra clasp] was contaminated. The dna either came from outside or it was in the room. It’s not possible that Raffaele Sollecito’s dna was in that room. He had no reason to go there.

No contamination of the knife DNA

It’s true that Amanda’s dna was also on another knife found at Sollecito’s home but there can’t have been contamination. I checked both the objects seized from the cottage in via della Pergola and Sollecito’s apartment in corso Garibaldi. Only once, on Nov6 last year, were objects taken from both locations on the same day and the officers who entered the two buildings were not the same.

Guede was not unknown to other two

The fact that there were no calls [with Rudy] is easy to explain; since Oct27, Rudy hasn’t had a mobile phone. It was taken off him by the police. One of the couple knew Rudy. Meeting people in Perugia is easy, it could have been a chance meeting too.

There was definitely sexual assault

There are some doubts about the dynamics and the position of the victim’s body when she was stabbed. These are however not sufficent to repudiate the hypothesis of sexual assault…. Sexual assault is also an “˜invasion’ of the body as was described in the autopsy. It is certain that the rapist pulled the victim’s top up. Some blood had also run down onto the trousers. It’s therefore plausible to think that whoever violated the victim put their hand down her trousers.

Why there was no rape

Why didnt they complete a rape?] Because she screamed. Also with a knife at her throat and being held down it’s likely that she shouted out. There is a witness, Nara Capezzali, who said she woke up and was shocked by this scream.

Meredith was restrained while taunted

On the victim’s right-hand there was one small cut, a few milimetres long, in between two fingers. On the left-hand, there were four clearly visible cuts. Also the tip of the finger had blood on it. This indicates that the victim’s right-hand was being held as she tried to defend herself with the left. After the fatal stab, she put her hands on the wound.

That last remark really drives home the true horror of Meredith’s incredibly cruel last few minutes. Someone was ferociously slashing away at Meredith like a maniac with a knife. And then did nothing at all to save her.

Walked out on her while she was still alive, clutching her neck to stop the life-blood flowing out of her.

After months of murky semi-silence from police and prosecutors, now the sentencing dossier quoted below and this interview seem like a fire-hose of information.

Is the judge signaling to the defense that a long-form trial will not work to their advantage? That they should simply cave now? Plead guilty, and hope?

And if they don’t, how on earth can they fight THIS sad, sick, depraved stuff?

Supreme Court Denies The Pair Bail, Insists On Prison To End Of Process EDIT

Posted by Peter Quennell

(Reuters) - A 21-year-old American exchange student indicted in Italy for the murder of her British flatmate, Meredith Kercher, was denied house arrest on Wednesday by a judge who ruled she was too great a flight risk to release from jail.

Amanda Knox’s Italian boyfriend Raffaele Sollecito, 24, was also denied house arrest as the couple await trial, set to begin on December 4.

Sollecito’s lawyer said Judge Paolo Micheli feared the two suspects could flee the country or commit another murder.

Knox and Sollecito have been held in jail since shortly after the killing last November of 21-year-old student Kercher, whose semi-naked body was found in her apartment in the university city of Perugia in central Italy.

Prosecutors say Kercher was stabbed in the neck when Knox, Sollecito and a third suspect tried to involve her in an orgy. The case has riveted Italians and received wide cover in the media.

The third suspect, 21-year-old Rudy Guede, was sentenced to 30 years in prison on Tuesday for rape and murder.

Guede, born in the Ivory Coast, had chosen a fast-track procedure with no jury, which under Italian law allows suspects to receive a lesser sentence if they are convicted. Prosecutors had requested life in prison.

All three suspects deny wrongdoing.